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00-257a�i�i�a� �ESOLUTION CITY F SAI�TT PAUL, NIINNESOTA Presented By: Referred To: Council File # Green Sheet # Committee:Date: oe-�57 ioas9i � (� 1 BE IT RESOLVED, that the City of Saint Paul Police Department is authorized to enter iuto an 2 agreement with Dakota County Technical College to provide Instructors for the Pursuit and 3 Emergency Vehicle Operations training course on March 10, 13, 2000. A copy of said agreement 4 is to be kept on file and on record in the Office of Financial Services. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Z1 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Department of: Adopted by Council: Date: ��j,� � aaoo � Adoption Certified by Council Secretary: By: �� a- Q� Approved by a�: /,1i��Q� 7j( 2� � � Fori � Approve ayor for Submission to Council: B �`��'�_ l . � /. da kotatec h ncolleg.tmg � DEPnR'f+�EN7/OFFICE/COUNqL DATE INITIATED oi,�e oziz9i2000 GREEN SHEET No. 104591 CONTACT PERSON & PHONE INRIAL/DATE INITIAVOnTE Willi2[nFillney 292 �EPMTMFNTMRECTOR 4 crrvcouHa� MUST BE ON COUNqL AGFSIDA BY (DATE) oO �^ �fJ}`/PTTORHEY� ❑pttCLERK r - RllINQAi.SERNCESUIR._ �FplqHCIAL5E1tV/ACRG . ... - �YOR(ORASSLSTptR) �numpnRlGlRS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIOIVS FOR SIGNATISREy ACTION REQUESTED Signatures requested on the attached Council Resolution authorizing the St. Paul Police Department to enter into an agreement with Dakota Commty Techincal College. RECOMMENDATION App�oVe (A) of RejeCt (R) P^cR50�lA4 SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 7. Has ihis persoNfirm everworked under a contract forthis depatlment? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this personmrm ever been a city employee? CIVILSERVICECOMMISSION YES NO 3 Does this pereonffrm possess a skill not normaliy possessetl by any current city employee� YES NO 4. Is this perso�rm a targeted vendoR YES NO � Explain all yes answers on separate sheet and altach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHY) The Saint Paul Police Department's Accelerated Entry Academy must be trained in the area of Pursuit and Emergency Vehicle OpexaUOns as mandated by the MN POST Board. ADVANTAGESIFAPPROVEp Accelerated Entry Recmits will be trained in the azea of Pursuit and Emexgency Vehicle Operations as mandated by the I NIlV POST Boazd. DISADVANTAGES IF APPROVED None noted. DISADVANTAGES IF NOT APPROVED ,yv `�'+,�..�'e.'x.y�� `�`��''n.^`�i_T;,s' .�'�j.T` Saint Paul Police Department Employeas will not benefit from this training. ,�� a � —� TOTAI. AMOUNT OF TRANSACTION $ �3 RS . YV COST/REVENUE BUDGETED (CIRGLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION (EXPLAIN) �i a 60 -3�S (For Non-Computer Related Services over 51,�00) Agreement # 02- Behveen the City of Saint Paul and Minnesota Vehicle Safety Training & Research Center THIS AGREEMENT, made and entered into this 10 day of March, 2000, by and between the City of Saint Paul, Minnesota, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as "City," and Minnesota Vehicle Safety Training & Research Center whose address is 1300 14�` Street East Rosemount, MN 5�068, hereinafter referred to as "Prbvider." The City and Provider, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: SECTION 1: 5cope of Services. A. Provider agrees to provide pursuit driving instruction for 14 Saint Paul police recruit officers as part of Saint Paul police academy 2000-1 services as described in its proposal and letter dated March 24, 2000. The specific tasks, deliverables, time lines, etc. that make up these services are detailed in Attachment A. A. The specific tasks, deliverables, time lines, etc. that make up these services are as descri6ed herein. Eight hours ofPrusuit Driving Training meeting the current P.O.S.T. rec/uirements. SECTION 2: Time For Completion. A. The services described in Section 1 shall be commenced upon execution ofthe Agreement and will be completed in accordance with the schedule muhially agreed upon with the City, which is (detailecl in Attachment A), but no later than one year from the effective date of this Agreement. B. Provider shall not proceed �vith any task without specific authorization from the Project Alanager designated by the City. C. In the event there are delays caused by actions of the City or which may be reasonably requested by the Provider which can change the completion date, Provider shali request an extension of time for completion of the project The Project Mana�er will revie�v the request and may grant to the Provider such extensions of contract time as may be reasonable. 00 -zs�t SECTION 3: Billings and Payment. A. That for Provider's faithful performance of this A�reement, the City hereby agrees to compensate the Provader in the amounts and according to the followin� schedule. �155.00 per student with a total of 14 students B. The above amounts shall fiilly compensate the Provider for all costs. No claim for services and/or costs provided by the Provider, not specifically provided for in this Agreement will be honored by the City. Total costs for the project shall not exceed $2170.00. C. Provider shall submit an itemized invoice (upon completion ofthe trnining) Upon receipt of the invoice and verification of the charges by the Project Manager, payment shalt be made by the City to Provider witl�in thirty (SO) days. D. In the event the Provider fails to comply with any terms or conditions of the Agreement or to provide in any manner the work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City's right to termination as provided in other sections of this Agreement. SECTION 4: Project Management. A. The City requires the Provider to assign specific individuals as principal project members and to assure that the major work and coordination will retnain the responsibility o£these individuals durina the term of this Agreement. Removal of aily principat project member without replacement b} equally qualified individuals or without the prior written approval of the City is grounds for termination of the Agreement by the City. Provider's principal project members are: Dorance Wicks, Lativ Enforcement Training Coordinator B. The City has designated (Commander John Harrington) as the Proj ect Manager for this Aereement, and the individual to whom all communications pertaining to the Agreement shall be addressed. The Project Manager shall have the authority to transmit instructions, receive information, authorize amendments orchanges to the Agreement, and interpret and define the City's policies and decisions pertinent to the work covered by this Agreement. SECTION 5: City Responsibilities. A. The City agrees to provide Provider with access to any information from City documents, stafY, and other sources needed by Provider to complete the work described herein. 14 Recruits and 14 Ciry Police Vehicles p0 -a.5�1 SECTION 6: Work Products, Records, Dissemination of Information. A. For purposes of this Agreement, the followin� words and phrases shall have the meanin�s set forth in this section, except where the context clearly indicates that a different meaning is intended. "Work product" shall mean, any report, recommendation, paper, presentation, dra�ving, demonstration, or other materials, whether in �vritten electronic, or other fonnat that results from Provider's services under this Agreement. "Supportingdocumentation"shall mean any surveys, questionnaires, notes, research, papers, analyses, whetl�er written electronic, or in other form, and other evidences used to generate any and all work performed and work products generated under this Agreement. "Business records" shall mean any books, documents, papers, account records and other evidences, whether written, electronic, or in other form, belonging to Provider and pertaining to work performed under this Agreement. B. All deliverable work products and supporting documentation that result from the Provider's services under this Agreement shall be delivered to the City and shalt become the property of the City after final payment is made to the Provider with no right, title, or interest in said work products or supporting documentation vesting in Consultant/Provider. C. The Provider agrees not to release, transmit, or other �vide disseminate any information associated with or generated as a result of the work performed under this Agreement wifliout prior knowledge and written consent of the CiCy. D. In the event of termination, all �vork products, whether finished or unfinished, and supporting documentation prepared by Provider under this Agreement shall be delivered by Provider to the City by the termination date and there shall be no further obligation of the City to Provider etcept for payment of amounts due and owing for any authorized work performed and expenses incurred to the date and time of termination. E. Provider agrees to maintain all business records in such a manner as will readily conform to the terms of this Agreemeat and to make such records available at its office at all reasonable times during the Agreement period and for six (6) years from the date of the final payment under the contract for inspection or audit by the City, the State Auditor, or otlier duly authorized representntive. F. Provider agrees to abide strictly by Chapter 13 of the Minnesota Statutes (Minnesota Government Data Practice Act) as wetl as any other applicable federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such �,overnmental units �vhich are no�v or hereafter promulgated insofar as they related to the Provider's performance of the provisions of this Agreement. 3 00 -as� SECTION 7: Equal Opportunity Employment. A. The Provider will not discriminate against any employee or appiicant for employment for w�ork under this Agreement because of race, color, religion, sex, age, or national ori�in and �vill take affirmative steps to ensure that applicants are employed and employees are treated durin� employment without regard to race color, religion, sex, age or national origin. This provision sl�all include, but not be limited to the followina: emplo}�ment, upgrading, demotion, or transfer; recrtiitment advertising, layoff or tennination; rates of pa}' or their forms of compensation; and, selection for training, including apprenticeship. SECTION 8: Compliance With Applicable Law. A. Provider agrees to comply with all federal, state, and local la�vs or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promul�ated insofar as they relate to the Provider's performance of the provisions of this Agreement. It shall be the obligation of the Provider to apply for, pay for, and obtain all permits and/or licenses required. SECTION 9: Conflict of Tnterest. A. Provider or will not contract for or accept employment for the perfomiance of any work or services with any individual, business, corporation, or governmental tmit that would create a conflict of interest in the performance of the obligations pursuant to this A�reement with the City. B. Provider's acceptance of this Agreement indicates compliance with Chapter 24.03 of the Saint Paul Administrative Code: "Except as permitted by law, no City official or employee shall be a party to or have a direct financial interest in any sale, lease, or contract �uith the City: ' C. Provider agrees that should any conflict or potential conflict of interest becomes known, Contractor will advise the Purchasing Systems Manager of the situation so that a determination can Uz made about Provider's ability to continue, performing services under the Agreement. o o_as� SECTION 10: Insurance. A. Provider shall be required to carry insurance of the kind and in the amounts shown below. for the life of the contract. 1. Public Liability Insurance a) Bodily Injury � 1,000,000 $ 2,000,000 each occurrence a��regate h) Property Damage 2. Automobile Insurance a) Bodi]y Injury $ 1,QOQ,OOQ $ 2,000,000 � 750,000 $ 1,000,000 b) Property damage not less than $50,000 per accident each accident a�gregate per person per accident 3. Workers Compensation and Emplover's Liabilitv a) Worker's Compensation per Minnesota Statute b) Employer's Liability shalt have minimum limits of $>00,000 per accident; $500,000 per employee; $5000,000 per disease policy limit. 4. Professional Liabilitv Insurance $1,000,000 per occurrence $2,000,000 aggregate 5. General Insurance Requirements a) The policy is to be written on an occurrence basis or as acceptable to the City. Certificate of insurance must indicate if the policy is issued on a claims-made or occurrence basis. All certlficates of insurance sha11 provide that the City's Division of Contract and Analysis Services be given not less than thirty (30) days prior written notice of cancellation, non-renewal or any materiai changes in the policy. Agent must state on the certificate if policy inc(udes errors and omissions coverage. b) The Provider shall not cominence work until a Certificate of Insurance covering all of the insurance required for this project is approved and the project manaoer has issued a notice to proceed. Insurance must remain in place for the duration of the oriQinal contract and any extensions periods. po-�S? SECTION 11: Independent Contractor. A. It is agreed by the parties that, at all times and for all purposes �vithin the scope of this Agreement, the relationship of the Provider to the City is that of independent contractor and not that of employee. No statement contained in this Agreement shall be construed so as to find Provider an employee of the City, and Provider shall be entitled to none of the rigl�ts, privileges, or bznefits of Saint Paul employees. SECTION 12. Subcontracting. A. The Provider a�rees not to enter into any subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval oFthe City. SECTION 13. Hold Harmless. A. The Provider shall indemnify, save, hold harmless, protect, and defend the City, its officers, a�ents, and employees from all claims, actions or suits of any character brought for or on account of any claimed or alleged injuries or damages received by any person or property, including the City, resulting from any act or omission by any person empioyed by Provider in carrying out the terms of this Agreerxent. SECTION 14. Assignment. A. Tlie City and Provider each binds itself an its successors, legal representatives, and assigns of such other party, wifli respect to aIl covenant of this Agreement; and neither the Ciry nor the Provider will assign or transfer their interest in this Agreement without the writteu consent of the other. SECTION I5. Terminition. A. This Agreement will contimie in fiill force and effect until completion of the project as described herein unless it is temiinated at an earlier date by either pany. Either party to this Agreement may terminated it by giving no less than thirty (30) days written notice of flie intent to terminate to the other party. B. With Cause. The Cit}� reserves the right to suspend or terminate this Agreement if the Provider violates any of the terms or conditions ofthis Agreement or does not fulfill, in a timely and proper manner, its obligations under this Agreement as determined by the City. In the event that the City exercises its right to �vithhotd payment or terminate under this Section, it shall submit written notice to the Provider, specifying the extent of such �vithholding or termination under this Section, the reasons therefore, and the date upon which sucl� �vithholding or termination becomes effective. Upon receipt of such notice, the Provider shall take ail actions necessary to discontimie further commitments of fimds to the extznt that they relate to the suspended or terminated portions of this Aereement. L 00 -�s�t C. In the event of termination, the City will pay Provider for all service actually, timely, ar.d faithfully rendered up to the receipt of the notice of termination and thereafter until the date of. termination. The Provider will deliver all work products and supportin� documentation developed up to the date of termination prior to the City rendering final payment for service. SECTIOl`� 16: Default by Consultant. In the event Provider fails or ne�lects to comply with any term or condition of this Agreement or to provide the services as stated herein, City shall have the right, after written notice, to cease payment hereunder. This remedy shall be in addition to any other remedies, including termination, available to the City in law or equity. The City shall be entitled to recover reasonable attorney's fees and costs of collection associated with enforcing its rights hereunder. SECTION 17: Amendment or Changes to Agreement. A. City or Provider may request changes that would increase, decrease, or otherwise modify the Scope of Services. Such changes and method of compensation must be authorized in writing in advance by the City. B. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties. C. Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action 4vhich have accrued prior to the effective date of such amendment, modification, or supplement. The term "this AgreemenY' as used herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith. SECTION 18. Notices. Except as other�vise stated in this Agreement, aAiy notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: To City: To Provider: SECTION 19. �Vaiver. Any failure of a party to assert any right under this Agreement shall not constitute a waiver or a termination of that riaht, this Agreement, or any of this Agreement's provisions. SECTION 20. Survivat of Obligation. A. The respective obligations of the City and Provider under these terms and conditions, �vhich by their nature would continue beyond the termination, cancellation, or expiration hereof, shall survive termination, cancellation or expiration hereof. 7 Oo -as? B. If a court or govemmental agency withproper jurisdiction determines that this Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate. If a provision is so terminated but the parties legally, commercially, and practicably can continue this Agreement without the terminated provision the remainder of this Agreement shall continue in effect. SECTION 21. Interpretation of Agreement, Venue. A. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. Ail litigation related to this Agreement shall be venued in the District Court of the County of Ramsey, Second Judicial District, State of Minnesota. SECTION 22. Force Majeure. Neither the City nor the Provider shall be held responsible for performance if its performance is prevented by acts or events beyond the pariy's reasonable control including, but not limited to: severe weather and storms, earthquake or other natural occurrences, strikes and other labor unrest, power failures electrical power surges or current fluctuations, nuclear or other civil military emergences, or acts of le�islative, judicial, esecutive, or administrative authorities. SECTTON 23. Entire Agreement. A. It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matters herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. For the City: as to form: Assistant City Department Director, Office of Financial For the Provider: By Its � By Its Rights Taxpayer Funding:UUI-Oy3o3-OZIg'�fOlSfle # �/�a� '�/ SfC�`�aC�[td'� �� I0�2t� LLh�l°�" ��eevl6�e7— ��3�5�7 Co-3Sq C �� 0�,��D Accred�ted by the Mfnnesota State Coileges and Unrversipes Commission on Insftu6ons of Higher Educacion Fn Equal OpporcuNry Educator/Empioyer Nor:n Cenval Fssoaz.ion oF Colleges and Schools ■• • ' • � - Sergeant Pete Panos St. Paul Police Department Training Division 1�0 East Eleventh Street St. Paul, MN 55101 Deaz Sergeant Panos, Per our telephone conversation I am sending you the course criteria for our eight hour, one-day emergency/pursuit driving course. Also I'm including some cost figures for your information. As we discussed on the telephone I can give a department a cost break if they can guarantee me twelve studentsiofficers in one class. The normal cost fox an open enrollment one-day driving course would be $170.00 per student/officer. In your case you would be guaranteeing me twenty people so the cost per participant would be dropped to $155.00. However, as we discussed, our maximum class size is twelve students/officers. We feel the ratio of officer to instructor is better, which allows us to work more closely with the officers. We would have to split the twenty student/officers into two groups of ten, which in turn would have to be two separate days of training. Please let me know as soon as possible if you think this is workable so we can check the schedule for the driving course and make sure the dates you would like to train are open. They start filling up very quickly at this time of the year. Thacil: you for your interest in aur training pxograms and I look forward to talking with you. Sincerely, DAKOTA COUNTY TECHNICAL COLLEGE �� "' /_� Dorance "Shorty" Wicks Law Enforcement Training Coordinator Phone: 651-423-8380 �e 1300 145th Street East (County Road 42) • Rosemount, MN 55068-2999 •(651) 423-8292 FAX (651) 423-8762 a�i�i�a� �ESOLUTION CITY F SAI�TT PAUL, NIINNESOTA Presented By: Referred To: Council File # Green Sheet # Committee:Date: oe-�57 ioas9i � (� 1 BE IT RESOLVED, that the City of Saint Paul Police Department is authorized to enter iuto an 2 agreement with Dakota County Technical College to provide Instructors for the Pursuit and 3 Emergency Vehicle Operations training course on March 10, 13, 2000. A copy of said agreement 4 is to be kept on file and on record in the Office of Financial Services. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Z1 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Department of: Adopted by Council: Date: ��j,� � aaoo � Adoption Certified by Council Secretary: By: �� a- Q� Approved by a�: /,1i��Q� 7j( 2� � � Fori � Approve ayor for Submission to Council: B �`��'�_ l . � /. da kotatec h ncolleg.tmg � DEPnR'f+�EN7/OFFICE/COUNqL DATE INITIATED oi,�e oziz9i2000 GREEN SHEET No. 104591 CONTACT PERSON & PHONE INRIAL/DATE INITIAVOnTE Willi2[nFillney 292 �EPMTMFNTMRECTOR 4 crrvcouHa� MUST BE ON COUNqL AGFSIDA BY (DATE) oO �^ �fJ}`/PTTORHEY� ❑pttCLERK r - RllINQAi.SERNCESUIR._ �FplqHCIAL5E1tV/ACRG . ... - �YOR(ORASSLSTptR) �numpnRlGlRS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIOIVS FOR SIGNATISREy ACTION REQUESTED Signatures requested on the attached Council Resolution authorizing the St. Paul Police Department to enter into an agreement with Dakota Commty Techincal College. RECOMMENDATION App�oVe (A) of RejeCt (R) P^cR50�lA4 SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 7. Has ihis persoNfirm everworked under a contract forthis depatlment? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this personmrm ever been a city employee? CIVILSERVICECOMMISSION YES NO 3 Does this pereonffrm possess a skill not normaliy possessetl by any current city employee� YES NO 4. Is this perso�rm a targeted vendoR YES NO � Explain all yes answers on separate sheet and altach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHY) The Saint Paul Police Department's Accelerated Entry Academy must be trained in the area of Pursuit and Emergency Vehicle OpexaUOns as mandated by the MN POST Board. ADVANTAGESIFAPPROVEp Accelerated Entry Recmits will be trained in the azea of Pursuit and Emexgency Vehicle Operations as mandated by the I NIlV POST Boazd. DISADVANTAGES IF APPROVED None noted. DISADVANTAGES IF NOT APPROVED ,yv `�'+,�..�'e.'x.y�� `�`��''n.^`�i_T;,s' .�'�j.T` Saint Paul Police Department Employeas will not benefit from this training. ,�� a � —� TOTAI. AMOUNT OF TRANSACTION $ �3 RS . YV COST/REVENUE BUDGETED (CIRGLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION (EXPLAIN) �i a 60 -3�S (For Non-Computer Related Services over 51,�00) Agreement # 02- Behveen the City of Saint Paul and Minnesota Vehicle Safety Training & Research Center THIS AGREEMENT, made and entered into this 10 day of March, 2000, by and between the City of Saint Paul, Minnesota, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as "City," and Minnesota Vehicle Safety Training & Research Center whose address is 1300 14�` Street East Rosemount, MN 5�068, hereinafter referred to as "Prbvider." The City and Provider, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: SECTION 1: 5cope of Services. A. Provider agrees to provide pursuit driving instruction for 14 Saint Paul police recruit officers as part of Saint Paul police academy 2000-1 services as described in its proposal and letter dated March 24, 2000. The specific tasks, deliverables, time lines, etc. that make up these services are detailed in Attachment A. A. The specific tasks, deliverables, time lines, etc. that make up these services are as descri6ed herein. Eight hours ofPrusuit Driving Training meeting the current P.O.S.T. rec/uirements. SECTION 2: Time For Completion. A. The services described in Section 1 shall be commenced upon execution ofthe Agreement and will be completed in accordance with the schedule muhially agreed upon with the City, which is (detailecl in Attachment A), but no later than one year from the effective date of this Agreement. B. Provider shall not proceed �vith any task without specific authorization from the Project Alanager designated by the City. C. In the event there are delays caused by actions of the City or which may be reasonably requested by the Provider which can change the completion date, Provider shali request an extension of time for completion of the project The Project Mana�er will revie�v the request and may grant to the Provider such extensions of contract time as may be reasonable. 00 -zs�t SECTION 3: Billings and Payment. A. That for Provider's faithful performance of this A�reement, the City hereby agrees to compensate the Provader in the amounts and according to the followin� schedule. �155.00 per student with a total of 14 students B. The above amounts shall fiilly compensate the Provider for all costs. No claim for services and/or costs provided by the Provider, not specifically provided for in this Agreement will be honored by the City. Total costs for the project shall not exceed $2170.00. C. Provider shall submit an itemized invoice (upon completion ofthe trnining) Upon receipt of the invoice and verification of the charges by the Project Manager, payment shalt be made by the City to Provider witl�in thirty (SO) days. D. In the event the Provider fails to comply with any terms or conditions of the Agreement or to provide in any manner the work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City's right to termination as provided in other sections of this Agreement. SECTION 4: Project Management. A. The City requires the Provider to assign specific individuals as principal project members and to assure that the major work and coordination will retnain the responsibility o£these individuals durina the term of this Agreement. Removal of aily principat project member without replacement b} equally qualified individuals or without the prior written approval of the City is grounds for termination of the Agreement by the City. Provider's principal project members are: Dorance Wicks, Lativ Enforcement Training Coordinator B. The City has designated (Commander John Harrington) as the Proj ect Manager for this Aereement, and the individual to whom all communications pertaining to the Agreement shall be addressed. The Project Manager shall have the authority to transmit instructions, receive information, authorize amendments orchanges to the Agreement, and interpret and define the City's policies and decisions pertinent to the work covered by this Agreement. SECTION 5: City Responsibilities. A. The City agrees to provide Provider with access to any information from City documents, stafY, and other sources needed by Provider to complete the work described herein. 14 Recruits and 14 Ciry Police Vehicles p0 -a.5�1 SECTION 6: Work Products, Records, Dissemination of Information. A. For purposes of this Agreement, the followin� words and phrases shall have the meanin�s set forth in this section, except where the context clearly indicates that a different meaning is intended. "Work product" shall mean, any report, recommendation, paper, presentation, dra�ving, demonstration, or other materials, whether in �vritten electronic, or other fonnat that results from Provider's services under this Agreement. "Supportingdocumentation"shall mean any surveys, questionnaires, notes, research, papers, analyses, whetl�er written electronic, or in other form, and other evidences used to generate any and all work performed and work products generated under this Agreement. "Business records" shall mean any books, documents, papers, account records and other evidences, whether written, electronic, or in other form, belonging to Provider and pertaining to work performed under this Agreement. B. All deliverable work products and supporting documentation that result from the Provider's services under this Agreement shall be delivered to the City and shalt become the property of the City after final payment is made to the Provider with no right, title, or interest in said work products or supporting documentation vesting in Consultant/Provider. C. The Provider agrees not to release, transmit, or other �vide disseminate any information associated with or generated as a result of the work performed under this Agreement wifliout prior knowledge and written consent of the CiCy. D. In the event of termination, all �vork products, whether finished or unfinished, and supporting documentation prepared by Provider under this Agreement shall be delivered by Provider to the City by the termination date and there shall be no further obligation of the City to Provider etcept for payment of amounts due and owing for any authorized work performed and expenses incurred to the date and time of termination. E. Provider agrees to maintain all business records in such a manner as will readily conform to the terms of this Agreemeat and to make such records available at its office at all reasonable times during the Agreement period and for six (6) years from the date of the final payment under the contract for inspection or audit by the City, the State Auditor, or otlier duly authorized representntive. F. Provider agrees to abide strictly by Chapter 13 of the Minnesota Statutes (Minnesota Government Data Practice Act) as wetl as any other applicable federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such �,overnmental units �vhich are no�v or hereafter promulgated insofar as they related to the Provider's performance of the provisions of this Agreement. 3 00 -as� SECTION 7: Equal Opportunity Employment. A. The Provider will not discriminate against any employee or appiicant for employment for w�ork under this Agreement because of race, color, religion, sex, age, or national ori�in and �vill take affirmative steps to ensure that applicants are employed and employees are treated durin� employment without regard to race color, religion, sex, age or national origin. This provision sl�all include, but not be limited to the followina: emplo}�ment, upgrading, demotion, or transfer; recrtiitment advertising, layoff or tennination; rates of pa}' or their forms of compensation; and, selection for training, including apprenticeship. SECTION 8: Compliance With Applicable Law. A. Provider agrees to comply with all federal, state, and local la�vs or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promul�ated insofar as they relate to the Provider's performance of the provisions of this Agreement. It shall be the obligation of the Provider to apply for, pay for, and obtain all permits and/or licenses required. SECTION 9: Conflict of Tnterest. A. Provider or will not contract for or accept employment for the perfomiance of any work or services with any individual, business, corporation, or governmental tmit that would create a conflict of interest in the performance of the obligations pursuant to this A�reement with the City. B. Provider's acceptance of this Agreement indicates compliance with Chapter 24.03 of the Saint Paul Administrative Code: "Except as permitted by law, no City official or employee shall be a party to or have a direct financial interest in any sale, lease, or contract �uith the City: ' C. Provider agrees that should any conflict or potential conflict of interest becomes known, Contractor will advise the Purchasing Systems Manager of the situation so that a determination can Uz made about Provider's ability to continue, performing services under the Agreement. o o_as� SECTION 10: Insurance. A. Provider shall be required to carry insurance of the kind and in the amounts shown below. for the life of the contract. 1. Public Liability Insurance a) Bodily Injury � 1,000,000 $ 2,000,000 each occurrence a��regate h) Property Damage 2. Automobile Insurance a) Bodi]y Injury $ 1,QOQ,OOQ $ 2,000,000 � 750,000 $ 1,000,000 b) Property damage not less than $50,000 per accident each accident a�gregate per person per accident 3. Workers Compensation and Emplover's Liabilitv a) Worker's Compensation per Minnesota Statute b) Employer's Liability shalt have minimum limits of $>00,000 per accident; $500,000 per employee; $5000,000 per disease policy limit. 4. Professional Liabilitv Insurance $1,000,000 per occurrence $2,000,000 aggregate 5. General Insurance Requirements a) The policy is to be written on an occurrence basis or as acceptable to the City. Certificate of insurance must indicate if the policy is issued on a claims-made or occurrence basis. All certlficates of insurance sha11 provide that the City's Division of Contract and Analysis Services be given not less than thirty (30) days prior written notice of cancellation, non-renewal or any materiai changes in the policy. Agent must state on the certificate if policy inc(udes errors and omissions coverage. b) The Provider shall not cominence work until a Certificate of Insurance covering all of the insurance required for this project is approved and the project manaoer has issued a notice to proceed. Insurance must remain in place for the duration of the oriQinal contract and any extensions periods. po-�S? SECTION 11: Independent Contractor. A. It is agreed by the parties that, at all times and for all purposes �vithin the scope of this Agreement, the relationship of the Provider to the City is that of independent contractor and not that of employee. No statement contained in this Agreement shall be construed so as to find Provider an employee of the City, and Provider shall be entitled to none of the rigl�ts, privileges, or bznefits of Saint Paul employees. SECTION 12. Subcontracting. A. The Provider a�rees not to enter into any subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval oFthe City. SECTION 13. Hold Harmless. A. The Provider shall indemnify, save, hold harmless, protect, and defend the City, its officers, a�ents, and employees from all claims, actions or suits of any character brought for or on account of any claimed or alleged injuries or damages received by any person or property, including the City, resulting from any act or omission by any person empioyed by Provider in carrying out the terms of this Agreerxent. SECTION 14. Assignment. A. Tlie City and Provider each binds itself an its successors, legal representatives, and assigns of such other party, wifli respect to aIl covenant of this Agreement; and neither the Ciry nor the Provider will assign or transfer their interest in this Agreement without the writteu consent of the other. SECTION I5. Terminition. A. This Agreement will contimie in fiill force and effect until completion of the project as described herein unless it is temiinated at an earlier date by either pany. Either party to this Agreement may terminated it by giving no less than thirty (30) days written notice of flie intent to terminate to the other party. B. With Cause. The Cit}� reserves the right to suspend or terminate this Agreement if the Provider violates any of the terms or conditions ofthis Agreement or does not fulfill, in a timely and proper manner, its obligations under this Agreement as determined by the City. In the event that the City exercises its right to �vithhotd payment or terminate under this Section, it shall submit written notice to the Provider, specifying the extent of such �vithholding or termination under this Section, the reasons therefore, and the date upon which sucl� �vithholding or termination becomes effective. Upon receipt of such notice, the Provider shall take ail actions necessary to discontimie further commitments of fimds to the extznt that they relate to the suspended or terminated portions of this Aereement. L 00 -�s�t C. In the event of termination, the City will pay Provider for all service actually, timely, ar.d faithfully rendered up to the receipt of the notice of termination and thereafter until the date of. termination. The Provider will deliver all work products and supportin� documentation developed up to the date of termination prior to the City rendering final payment for service. SECTIOl`� 16: Default by Consultant. In the event Provider fails or ne�lects to comply with any term or condition of this Agreement or to provide the services as stated herein, City shall have the right, after written notice, to cease payment hereunder. This remedy shall be in addition to any other remedies, including termination, available to the City in law or equity. The City shall be entitled to recover reasonable attorney's fees and costs of collection associated with enforcing its rights hereunder. SECTION 17: Amendment or Changes to Agreement. A. City or Provider may request changes that would increase, decrease, or otherwise modify the Scope of Services. Such changes and method of compensation must be authorized in writing in advance by the City. B. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties. C. Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action 4vhich have accrued prior to the effective date of such amendment, modification, or supplement. The term "this AgreemenY' as used herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith. SECTION 18. Notices. Except as other�vise stated in this Agreement, aAiy notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: To City: To Provider: SECTION 19. �Vaiver. Any failure of a party to assert any right under this Agreement shall not constitute a waiver or a termination of that riaht, this Agreement, or any of this Agreement's provisions. SECTION 20. Survivat of Obligation. A. The respective obligations of the City and Provider under these terms and conditions, �vhich by their nature would continue beyond the termination, cancellation, or expiration hereof, shall survive termination, cancellation or expiration hereof. 7 Oo -as? B. If a court or govemmental agency withproper jurisdiction determines that this Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate. If a provision is so terminated but the parties legally, commercially, and practicably can continue this Agreement without the terminated provision the remainder of this Agreement shall continue in effect. SECTION 21. Interpretation of Agreement, Venue. A. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. Ail litigation related to this Agreement shall be venued in the District Court of the County of Ramsey, Second Judicial District, State of Minnesota. SECTION 22. Force Majeure. Neither the City nor the Provider shall be held responsible for performance if its performance is prevented by acts or events beyond the pariy's reasonable control including, but not limited to: severe weather and storms, earthquake or other natural occurrences, strikes and other labor unrest, power failures electrical power surges or current fluctuations, nuclear or other civil military emergences, or acts of le�islative, judicial, esecutive, or administrative authorities. SECTTON 23. Entire Agreement. A. It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matters herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. For the City: as to form: Assistant City Department Director, Office of Financial For the Provider: By Its � By Its Rights Taxpayer Funding:UUI-Oy3o3-OZIg'�fOlSfle # �/�a� '�/ SfC�`�aC�[td'� �� I0�2t� LLh�l°�" ��eevl6�e7— ��3�5�7 Co-3Sq C �� 0�,��D Accred�ted by the Mfnnesota State Coileges and Unrversipes Commission on Insftu6ons of Higher Educacion Fn Equal OpporcuNry Educator/Empioyer Nor:n Cenval Fssoaz.ion oF Colleges and Schools ■• • ' • � - Sergeant Pete Panos St. Paul Police Department Training Division 1�0 East Eleventh Street St. Paul, MN 55101 Deaz Sergeant Panos, Per our telephone conversation I am sending you the course criteria for our eight hour, one-day emergency/pursuit driving course. Also I'm including some cost figures for your information. As we discussed on the telephone I can give a department a cost break if they can guarantee me twelve studentsiofficers in one class. The normal cost fox an open enrollment one-day driving course would be $170.00 per student/officer. In your case you would be guaranteeing me twenty people so the cost per participant would be dropped to $155.00. However, as we discussed, our maximum class size is twelve students/officers. We feel the ratio of officer to instructor is better, which allows us to work more closely with the officers. We would have to split the twenty student/officers into two groups of ten, which in turn would have to be two separate days of training. Please let me know as soon as possible if you think this is workable so we can check the schedule for the driving course and make sure the dates you would like to train are open. They start filling up very quickly at this time of the year. Thacil: you for your interest in aur training pxograms and I look forward to talking with you. Sincerely, DAKOTA COUNTY TECHNICAL COLLEGE �� "' /_� Dorance "Shorty" Wicks Law Enforcement Training Coordinator Phone: 651-423-8380 �e 1300 145th Street East (County Road 42) • Rosemount, MN 55068-2999 •(651) 423-8292 FAX (651) 423-8762 a�i�i�a� �ESOLUTION CITY F SAI�TT PAUL, NIINNESOTA Presented By: Referred To: Council File # Green Sheet # Committee:Date: oe-�57 ioas9i � (� 1 BE IT RESOLVED, that the City of Saint Paul Police Department is authorized to enter iuto an 2 agreement with Dakota County Technical College to provide Instructors for the Pursuit and 3 Emergency Vehicle Operations training course on March 10, 13, 2000. A copy of said agreement 4 is to be kept on file and on record in the Office of Financial Services. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Z1 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Department of: Adopted by Council: Date: ��j,� � aaoo � Adoption Certified by Council Secretary: By: �� a- Q� Approved by a�: /,1i��Q� 7j( 2� � � Fori � Approve ayor for Submission to Council: B �`��'�_ l . � /. da kotatec h ncolleg.tmg � DEPnR'f+�EN7/OFFICE/COUNqL DATE INITIATED oi,�e oziz9i2000 GREEN SHEET No. 104591 CONTACT PERSON & PHONE INRIAL/DATE INITIAVOnTE Willi2[nFillney 292 �EPMTMFNTMRECTOR 4 crrvcouHa� MUST BE ON COUNqL AGFSIDA BY (DATE) oO �^ �fJ}`/PTTORHEY� ❑pttCLERK r - RllINQAi.SERNCESUIR._ �FplqHCIAL5E1tV/ACRG . ... - �YOR(ORASSLSTptR) �numpnRlGlRS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIOIVS FOR SIGNATISREy ACTION REQUESTED Signatures requested on the attached Council Resolution authorizing the St. Paul Police Department to enter into an agreement with Dakota Commty Techincal College. RECOMMENDATION App�oVe (A) of RejeCt (R) P^cR50�lA4 SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 7. Has ihis persoNfirm everworked under a contract forthis depatlment? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this personmrm ever been a city employee? CIVILSERVICECOMMISSION YES NO 3 Does this pereonffrm possess a skill not normaliy possessetl by any current city employee� YES NO 4. Is this perso�rm a targeted vendoR YES NO � Explain all yes answers on separate sheet and altach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHY) The Saint Paul Police Department's Accelerated Entry Academy must be trained in the area of Pursuit and Emergency Vehicle OpexaUOns as mandated by the MN POST Board. ADVANTAGESIFAPPROVEp Accelerated Entry Recmits will be trained in the azea of Pursuit and Emexgency Vehicle Operations as mandated by the I NIlV POST Boazd. DISADVANTAGES IF APPROVED None noted. DISADVANTAGES IF NOT APPROVED ,yv `�'+,�..�'e.'x.y�� `�`��''n.^`�i_T;,s' .�'�j.T` Saint Paul Police Department Employeas will not benefit from this training. ,�� a � —� TOTAI. AMOUNT OF TRANSACTION $ �3 RS . YV COST/REVENUE BUDGETED (CIRGLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION (EXPLAIN) �i a 60 -3�S (For Non-Computer Related Services over 51,�00) Agreement # 02- Behveen the City of Saint Paul and Minnesota Vehicle Safety Training & Research Center THIS AGREEMENT, made and entered into this 10 day of March, 2000, by and between the City of Saint Paul, Minnesota, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as "City," and Minnesota Vehicle Safety Training & Research Center whose address is 1300 14�` Street East Rosemount, MN 5�068, hereinafter referred to as "Prbvider." The City and Provider, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: SECTION 1: 5cope of Services. A. Provider agrees to provide pursuit driving instruction for 14 Saint Paul police recruit officers as part of Saint Paul police academy 2000-1 services as described in its proposal and letter dated March 24, 2000. The specific tasks, deliverables, time lines, etc. that make up these services are detailed in Attachment A. A. The specific tasks, deliverables, time lines, etc. that make up these services are as descri6ed herein. Eight hours ofPrusuit Driving Training meeting the current P.O.S.T. rec/uirements. SECTION 2: Time For Completion. A. The services described in Section 1 shall be commenced upon execution ofthe Agreement and will be completed in accordance with the schedule muhially agreed upon with the City, which is (detailecl in Attachment A), but no later than one year from the effective date of this Agreement. B. Provider shall not proceed �vith any task without specific authorization from the Project Alanager designated by the City. C. In the event there are delays caused by actions of the City or which may be reasonably requested by the Provider which can change the completion date, Provider shali request an extension of time for completion of the project The Project Mana�er will revie�v the request and may grant to the Provider such extensions of contract time as may be reasonable. 00 -zs�t SECTION 3: Billings and Payment. A. That for Provider's faithful performance of this A�reement, the City hereby agrees to compensate the Provader in the amounts and according to the followin� schedule. �155.00 per student with a total of 14 students B. The above amounts shall fiilly compensate the Provider for all costs. No claim for services and/or costs provided by the Provider, not specifically provided for in this Agreement will be honored by the City. Total costs for the project shall not exceed $2170.00. C. Provider shall submit an itemized invoice (upon completion ofthe trnining) Upon receipt of the invoice and verification of the charges by the Project Manager, payment shalt be made by the City to Provider witl�in thirty (SO) days. D. In the event the Provider fails to comply with any terms or conditions of the Agreement or to provide in any manner the work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City's right to termination as provided in other sections of this Agreement. SECTION 4: Project Management. A. The City requires the Provider to assign specific individuals as principal project members and to assure that the major work and coordination will retnain the responsibility o£these individuals durina the term of this Agreement. Removal of aily principat project member without replacement b} equally qualified individuals or without the prior written approval of the City is grounds for termination of the Agreement by the City. Provider's principal project members are: Dorance Wicks, Lativ Enforcement Training Coordinator B. The City has designated (Commander John Harrington) as the Proj ect Manager for this Aereement, and the individual to whom all communications pertaining to the Agreement shall be addressed. The Project Manager shall have the authority to transmit instructions, receive information, authorize amendments orchanges to the Agreement, and interpret and define the City's policies and decisions pertinent to the work covered by this Agreement. SECTION 5: City Responsibilities. A. The City agrees to provide Provider with access to any information from City documents, stafY, and other sources needed by Provider to complete the work described herein. 14 Recruits and 14 Ciry Police Vehicles p0 -a.5�1 SECTION 6: Work Products, Records, Dissemination of Information. A. For purposes of this Agreement, the followin� words and phrases shall have the meanin�s set forth in this section, except where the context clearly indicates that a different meaning is intended. "Work product" shall mean, any report, recommendation, paper, presentation, dra�ving, demonstration, or other materials, whether in �vritten electronic, or other fonnat that results from Provider's services under this Agreement. "Supportingdocumentation"shall mean any surveys, questionnaires, notes, research, papers, analyses, whetl�er written electronic, or in other form, and other evidences used to generate any and all work performed and work products generated under this Agreement. "Business records" shall mean any books, documents, papers, account records and other evidences, whether written, electronic, or in other form, belonging to Provider and pertaining to work performed under this Agreement. B. All deliverable work products and supporting documentation that result from the Provider's services under this Agreement shall be delivered to the City and shalt become the property of the City after final payment is made to the Provider with no right, title, or interest in said work products or supporting documentation vesting in Consultant/Provider. C. The Provider agrees not to release, transmit, or other �vide disseminate any information associated with or generated as a result of the work performed under this Agreement wifliout prior knowledge and written consent of the CiCy. D. In the event of termination, all �vork products, whether finished or unfinished, and supporting documentation prepared by Provider under this Agreement shall be delivered by Provider to the City by the termination date and there shall be no further obligation of the City to Provider etcept for payment of amounts due and owing for any authorized work performed and expenses incurred to the date and time of termination. E. Provider agrees to maintain all business records in such a manner as will readily conform to the terms of this Agreemeat and to make such records available at its office at all reasonable times during the Agreement period and for six (6) years from the date of the final payment under the contract for inspection or audit by the City, the State Auditor, or otlier duly authorized representntive. F. Provider agrees to abide strictly by Chapter 13 of the Minnesota Statutes (Minnesota Government Data Practice Act) as wetl as any other applicable federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such �,overnmental units �vhich are no�v or hereafter promulgated insofar as they related to the Provider's performance of the provisions of this Agreement. 3 00 -as� SECTION 7: Equal Opportunity Employment. A. The Provider will not discriminate against any employee or appiicant for employment for w�ork under this Agreement because of race, color, religion, sex, age, or national ori�in and �vill take affirmative steps to ensure that applicants are employed and employees are treated durin� employment without regard to race color, religion, sex, age or national origin. This provision sl�all include, but not be limited to the followina: emplo}�ment, upgrading, demotion, or transfer; recrtiitment advertising, layoff or tennination; rates of pa}' or their forms of compensation; and, selection for training, including apprenticeship. SECTION 8: Compliance With Applicable Law. A. Provider agrees to comply with all federal, state, and local la�vs or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promul�ated insofar as they relate to the Provider's performance of the provisions of this Agreement. It shall be the obligation of the Provider to apply for, pay for, and obtain all permits and/or licenses required. SECTION 9: Conflict of Tnterest. A. Provider or will not contract for or accept employment for the perfomiance of any work or services with any individual, business, corporation, or governmental tmit that would create a conflict of interest in the performance of the obligations pursuant to this A�reement with the City. B. Provider's acceptance of this Agreement indicates compliance with Chapter 24.03 of the Saint Paul Administrative Code: "Except as permitted by law, no City official or employee shall be a party to or have a direct financial interest in any sale, lease, or contract �uith the City: ' C. Provider agrees that should any conflict or potential conflict of interest becomes known, Contractor will advise the Purchasing Systems Manager of the situation so that a determination can Uz made about Provider's ability to continue, performing services under the Agreement. o o_as� SECTION 10: Insurance. A. Provider shall be required to carry insurance of the kind and in the amounts shown below. for the life of the contract. 1. Public Liability Insurance a) Bodily Injury � 1,000,000 $ 2,000,000 each occurrence a��regate h) Property Damage 2. Automobile Insurance a) Bodi]y Injury $ 1,QOQ,OOQ $ 2,000,000 � 750,000 $ 1,000,000 b) Property damage not less than $50,000 per accident each accident a�gregate per person per accident 3. Workers Compensation and Emplover's Liabilitv a) Worker's Compensation per Minnesota Statute b) Employer's Liability shalt have minimum limits of $>00,000 per accident; $500,000 per employee; $5000,000 per disease policy limit. 4. Professional Liabilitv Insurance $1,000,000 per occurrence $2,000,000 aggregate 5. General Insurance Requirements a) The policy is to be written on an occurrence basis or as acceptable to the City. Certificate of insurance must indicate if the policy is issued on a claims-made or occurrence basis. All certlficates of insurance sha11 provide that the City's Division of Contract and Analysis Services be given not less than thirty (30) days prior written notice of cancellation, non-renewal or any materiai changes in the policy. Agent must state on the certificate if policy inc(udes errors and omissions coverage. b) The Provider shall not cominence work until a Certificate of Insurance covering all of the insurance required for this project is approved and the project manaoer has issued a notice to proceed. Insurance must remain in place for the duration of the oriQinal contract and any extensions periods. po-�S? SECTION 11: Independent Contractor. A. It is agreed by the parties that, at all times and for all purposes �vithin the scope of this Agreement, the relationship of the Provider to the City is that of independent contractor and not that of employee. No statement contained in this Agreement shall be construed so as to find Provider an employee of the City, and Provider shall be entitled to none of the rigl�ts, privileges, or bznefits of Saint Paul employees. SECTION 12. Subcontracting. A. The Provider a�rees not to enter into any subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval oFthe City. SECTION 13. Hold Harmless. A. The Provider shall indemnify, save, hold harmless, protect, and defend the City, its officers, a�ents, and employees from all claims, actions or suits of any character brought for or on account of any claimed or alleged injuries or damages received by any person or property, including the City, resulting from any act or omission by any person empioyed by Provider in carrying out the terms of this Agreerxent. SECTION 14. Assignment. A. Tlie City and Provider each binds itself an its successors, legal representatives, and assigns of such other party, wifli respect to aIl covenant of this Agreement; and neither the Ciry nor the Provider will assign or transfer their interest in this Agreement without the writteu consent of the other. SECTION I5. Terminition. A. This Agreement will contimie in fiill force and effect until completion of the project as described herein unless it is temiinated at an earlier date by either pany. Either party to this Agreement may terminated it by giving no less than thirty (30) days written notice of flie intent to terminate to the other party. B. With Cause. The Cit}� reserves the right to suspend or terminate this Agreement if the Provider violates any of the terms or conditions ofthis Agreement or does not fulfill, in a timely and proper manner, its obligations under this Agreement as determined by the City. In the event that the City exercises its right to �vithhotd payment or terminate under this Section, it shall submit written notice to the Provider, specifying the extent of such �vithholding or termination under this Section, the reasons therefore, and the date upon which sucl� �vithholding or termination becomes effective. Upon receipt of such notice, the Provider shall take ail actions necessary to discontimie further commitments of fimds to the extznt that they relate to the suspended or terminated portions of this Aereement. L 00 -�s�t C. In the event of termination, the City will pay Provider for all service actually, timely, ar.d faithfully rendered up to the receipt of the notice of termination and thereafter until the date of. termination. The Provider will deliver all work products and supportin� documentation developed up to the date of termination prior to the City rendering final payment for service. SECTIOl`� 16: Default by Consultant. In the event Provider fails or ne�lects to comply with any term or condition of this Agreement or to provide the services as stated herein, City shall have the right, after written notice, to cease payment hereunder. This remedy shall be in addition to any other remedies, including termination, available to the City in law or equity. The City shall be entitled to recover reasonable attorney's fees and costs of collection associated with enforcing its rights hereunder. SECTION 17: Amendment or Changes to Agreement. A. City or Provider may request changes that would increase, decrease, or otherwise modify the Scope of Services. Such changes and method of compensation must be authorized in writing in advance by the City. B. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties. C. Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action 4vhich have accrued prior to the effective date of such amendment, modification, or supplement. The term "this AgreemenY' as used herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith. SECTION 18. Notices. Except as other�vise stated in this Agreement, aAiy notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: To City: To Provider: SECTION 19. �Vaiver. Any failure of a party to assert any right under this Agreement shall not constitute a waiver or a termination of that riaht, this Agreement, or any of this Agreement's provisions. SECTION 20. Survivat of Obligation. A. The respective obligations of the City and Provider under these terms and conditions, �vhich by their nature would continue beyond the termination, cancellation, or expiration hereof, shall survive termination, cancellation or expiration hereof. 7 Oo -as? B. If a court or govemmental agency withproper jurisdiction determines that this Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate. If a provision is so terminated but the parties legally, commercially, and practicably can continue this Agreement without the terminated provision the remainder of this Agreement shall continue in effect. SECTION 21. Interpretation of Agreement, Venue. A. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. Ail litigation related to this Agreement shall be venued in the District Court of the County of Ramsey, Second Judicial District, State of Minnesota. SECTION 22. Force Majeure. Neither the City nor the Provider shall be held responsible for performance if its performance is prevented by acts or events beyond the pariy's reasonable control including, but not limited to: severe weather and storms, earthquake or other natural occurrences, strikes and other labor unrest, power failures electrical power surges or current fluctuations, nuclear or other civil military emergences, or acts of le�islative, judicial, esecutive, or administrative authorities. SECTTON 23. Entire Agreement. A. It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matters herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. For the City: as to form: Assistant City Department Director, Office of Financial For the Provider: By Its � By Its Rights Taxpayer Funding:UUI-Oy3o3-OZIg'�fOlSfle # �/�a� '�/ SfC�`�aC�[td'� �� I0�2t� LLh�l°�" ��eevl6�e7— ��3�5�7 Co-3Sq C �� 0�,��D Accred�ted by the Mfnnesota State Coileges and Unrversipes Commission on Insftu6ons of Higher Educacion Fn Equal OpporcuNry Educator/Empioyer Nor:n Cenval Fssoaz.ion oF Colleges and Schools ■• • ' • � - Sergeant Pete Panos St. Paul Police Department Training Division 1�0 East Eleventh Street St. Paul, MN 55101 Deaz Sergeant Panos, Per our telephone conversation I am sending you the course criteria for our eight hour, one-day emergency/pursuit driving course. Also I'm including some cost figures for your information. As we discussed on the telephone I can give a department a cost break if they can guarantee me twelve studentsiofficers in one class. The normal cost fox an open enrollment one-day driving course would be $170.00 per student/officer. In your case you would be guaranteeing me twenty people so the cost per participant would be dropped to $155.00. However, as we discussed, our maximum class size is twelve students/officers. We feel the ratio of officer to instructor is better, which allows us to work more closely with the officers. We would have to split the twenty student/officers into two groups of ten, which in turn would have to be two separate days of training. Please let me know as soon as possible if you think this is workable so we can check the schedule for the driving course and make sure the dates you would like to train are open. They start filling up very quickly at this time of the year. Thacil: you for your interest in aur training pxograms and I look forward to talking with you. Sincerely, DAKOTA COUNTY TECHNICAL COLLEGE �� "' /_� Dorance "Shorty" Wicks Law Enforcement Training Coordinator Phone: 651-423-8380 �e 1300 145th Street East (County Road 42) • Rosemount, MN 55068-2999 •(651) 423-8292 FAX (651) 423-8762