00-594ORIGINAL
Presented By:
Council File #
Green Sheet #
RESOLUTION
C1TY OF SAINT PAUL, MINNESOTA
oo- sqw
100690
�3
Referred To: Committee:Date:
1 BE IT RESOLVED, that the City of Saint Paul Police Department is authorized to enter into an agreement with
2 the Minnesota Vehicle Safety Training & Research Center to provide driving instruction for the Saint Paul Police Recruit
3 Academy 2000-2 and three hours of classroom training. A copy of said agreement is to be kept on file and on record in the
4 O�ce of Financial Services.
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Requested by Department of:
Halris
Adopted by CounciL• Date:
Adoption ertified by Council $�retary: "
BY� � � �,.. _-
Approved by Mayor Date: JJ� �y7 2610 D
sy:
By:
Fon
By:
Approved b ayor for Su to Council:
By:
MNvhcleSftyTrngJune30.tmg00.xls
�.
Police
Chief Finney 292-3588
t�•� �_1 �I�7�3L�3: I�V (Il:] �
o,,,E W.�,m
os�is�oo GREEN SHEET No 10���90
� 1__I OeARr�rowsnae � L]j rnreasc� _
PoR ❑ GIYAifOYIY �_ � CRYQi�It
❑ N11111CIIiLi0lYKitOR ❑ pINIq4.iF0.N�ttT0
�YYOR�OItI1iNf�l111� ❑
_: i (CLJP ALL LOCATIONS FOR SIGNATURE)
��
Signatures requested on attached Council Resolution.
w
PLANNING COMMISSION
CIB CAMMITTEE
CML SERVICE CAMMISSION
Hes ihis oeROnlfitm everwaked under a conhact torthic depsrtmenn
vES NO
Has this pereoNfirm ever Deen a cRY anPbYce9
YES �
ooas mis aers«Ufiim po� a sia� not nomwhraoseessea M aor a,rrem cflr emwmee�
YES NO
Is Mia pneoNfi�m a terpeted vendoYl
YEu NO
71A71NG PROBLEM ISSUE, OPPORTUNITV (Wtro, Whffi, When, Whne, WM)
The Saint Paul Police Department is responsible for training new recruit officers in all
facets of law enforcement. Police Officers spend a great deal of time during their work
day driving a motor vehicle. Officers must often operate police vehicles under extremely
stressful circumstances. Poiice Officers need a high quality driving class to prepare
them for the challenges that face them on the street.
WANTAGESIFAPPROVED
New police recruit officers would participate in both classroom instruction and hands on
behind the wheel training. This training will help officers recognize the hazards of
emergency driving situations and the tremendous liability that is associated with such
incidents. "" - '
� ` p; c- . _ t„ _ .:.''�
� �.:� � t..� � ?' M_. ..
None
?�r'+.4Y Z � 2C��
54DVANTAGESIFNOTAPPROVED ...
New Saint Paul Police recruits would not have the opportunity to lear�i and"pfactice
anourR oF rnnnsncrroN t 2� 635 . 00
001-04303-0219-40016
INFORMATION(IXPWM
COSTlREYENUE BUDfiETED (GRCLE ONE� O
40016
ACTIVITY NUMBER
NO
f h �.
�
. .
d0 -St�
Agreement # 02-
Beriveen the City of Saint Paul and Minnesota Vehicle Safety Training & Research Center
THIS AGREEMENT, made and entered into this 3rd day of May, 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 V ehicle Safety Training & Reseazch Center whose
address is 1300 145"' Street East Rosemount, 'MN 55068, hereinafter referred to as "Provider."
The City and Provider, in consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, a�ree as follows:
SECTION 1: Scope of Services. Provider agrees to provide pursuit driving instruction for
Saint Paul police recruit officers as part of Saint Paul police academy 2000-2. To that end, Provider
�vill provide three hours of lecture and eight hours of pursuit driving training which meet the current
Minnesota POST Board requirements.
SECTION 2: Time For Completion. The services described in Section 1 shall be
commenced upon execution ofthe Agreement and will be completed in accordance with the schedule
mutually agreed upon with the City. The class lecture will be held on Friday, June 30"', 2000 in the
St. Paul Training Unit classroom from 1:00 p.m. to 4:00 p.m. The hands on driving instruction shall
be completed on July 7th, 2000 from 8:00 a.m. until 5:00 p.m. Provider shall not proceed with any
task without specific authorization from the Project Manager designated by the City.
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 shall request an extension
of time for completion of the project. The Project Manager will review the request and may grant
to the Provider such extensions of contract time �s may be reasonable.
SECTION 3: Billings and Payment. That for Provider's faithful performance of this
Agreement, the City hereby agrees to compensate the Provider in the amounts and according to the
following schedule.
$155.00 per student (a minimum of 12 students and a maximum of 17 students)
The above amounts shall fully 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 $2,635.00.
1
00 -say
Provider shall submit an itemized invoice z�pon completion of the tr Upon receipt of
the invoice and verification of the charges by the Project Manager, payment shall be made by the
City to Provider within thirty (30) days.
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 a�reed 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 Manngement. The City requires the Provider to assign specific
individuals as principal project members and to assL�re that the major work and coordination will
remain the responsibility of these individuals during the term of this Agreement. Removal of any
principal project member without replacement by equally qualified individuals or without the prior
written approval of the Ciry is grounds for termination of the Agreement by the City. Provider's
principal project members are:
Dorance Wicks, Law Enforcement Training Coordinator
The City has designated (A/Commander Pnul Str�ong) as the Project Manager for this
Agreement, 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 or changes to the Agreement, and interpret and define the Ciry's
policies and decisions pertinent to the work covered by this Agreement.
SECTION 5: City Responsibilities. The City agrees to provide Provider with access to any
information from City documents, staff, and other sources needed by Provider to complete the work
described herein.
15 Recruits and 15 City Poiice Vehicles
SECTION 6: Work Products, Records, Dissemin�tion of Information. For purposes of
fllis Agreement, the following words aud phrases shall have the meanings 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, drawing,
demonstration, or other materials, whether in written, electronic, or other format that results from
Provider's services under this Agreement.
"Satpporting doca�mentation" shall mean any surveys, questionnaires, notes, research, papers,
analyses, whether written electronic, or in other form, and other evidences used to generate any and
all work performed and work products generated uuder this Agreement.
Oo -S�y
"Business secords" shall mean any books, documents, papers, account records and other
evidences, whether written, electronic, or in other form, belon�ingto Provider and pertaining to work �
performed under this Aa eement.
All deliverable �vork products and supportin� documentation that result from the Provider's
services under this Agreement shall be delivered to the City and shall 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 ConsultanUProvider.
The Provider agrees not to release, transmit, or other wide disseminate any information
associated with or generated as a result of the work performed under this Agreement without prior
knowledge and written consent of the City.
In the event of termination, all work 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 fiirther obligation of the City to Provider except for
payment of amounts due and owing for any authorized work performed and expenses incurred to the
date and time of termination.
Provider agrees to maintain all business records in such a manner as will readily conform to
the terms of this Agreement 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 other duly authorized
representative.
Provider agrees to abide strictly by Chapter 13 of the Minnesota Statutes (Minnesota
Government Data Practice Act) as well as any other applicable federal, state, and local laws or
ordinances, and all applicable rules, regulations, �nd standards established by any agency of such
governmental units which are now or hereafter promulgated insofar as they related to the Provider's
performance of the provisions of this•Agreement. -
SECTION7: EqualOpportunityEmployment.TheProviderwiilnotdiscriminateagainst
an}' employee or applicant for employment for work under this Agreement because of race, color,
religion, sex, age, or national origin and will take affirmative steps to ensure that applicants are
emplo} ed and employees are treated during employment without regard to race color, religion, sex,
age or national origin.
This provision shall include, but not be limited to the following: employment, upgradin„
demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or their forms of
compensation; and, selection for training, including apprenticeship.
3
Oo -S9 y
SECTION 8: Compliance Wifh Applicable Law. Provider aa ees 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 govemmental units, which are now or hereafter promulgated
insofar as they relate to the Provider's performance of the provisions of this Aa eement. It shall be
the obligation of the Provider to apply for, pay for, and obtain al1 permits and/or licenses required.
SECTION 9: Conflict of Interest. Provider or will not contract for or accept employment
for the performance of any work or services with any individual, business, corporation, or
governmental unit that would create a conflict of interest in the performance of the obligations
pursuant to this Agreement with the City.
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 with the City."
Provider agrees that should any conflict or potential conflict of interest becomes known,
Conh will advise the Purchasing Systems Manager of the situation so that a determination can
be made about Provider's ability to continue performing services under the Agreement.
SECTION 10: Insurance. Provider shall be required to carry insurance of the kind and in
the amounts shown below for the life of the contract.
1. Public Liabilitv Insurance
a) Bodily Injury
$ 1,000,000
$ 2,000,000
each occurrence
aggregate
b) Property Damage
2. Automobile Insurance
a) Bodily Injury
$ 1,000,000
$ 2,000,000
$ 750,000
$ 1,000,000
b) Property damage not less than $50,000 per accident
each accident
aggregate
per person
per accident
3. Workers Compensation and Emplover's Liabilitv
a) Worker's Compensation per Minnesota Statute
b) Employer's Liability shall have minimum limits of $500,000 per accident;
$500,000'per employee; $5000,000 per disease policy limit.
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oo- S9y
4. Professional Liabilitv Insurance
$1,000,000 per occurrence
$2,000,000 aggregate
5. General Insurance Rectuirements
a) The policy is to be �r7itten 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.
Ali certificates of insurance shall provide that the City's Division of Contract and Analysis Services
be given not less than thiriy (30) days prior �in�itfen notice of cancellation, non-renewal or any
material changes in the policy. Agent must state on the certificate if policy includes errors and
omissions coverage.
b) The Provider shall not commence work until a Certificate of Insurance covering all of
the insurance required for this project is approved and the project manager has issued a notice to
proceed. Insurance must remain in place for the duration of the original contract and any extensions
periods.
SECTION 11: Independent Contractor. It is agreed by the parties that, at all times and for
all purposes within 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 rights, privileges, or benefits of Saint Paul employees.
SECTION 12. Subcontracting. The Provider agrees not to enter into any subcontracts for
any of the work contemplated lmder this Agreement without obtaining prior written approval of the
City.
SECTION 13. Hold Harmless. The Provider shall indemnify, save, hold harmless, protect,
and defend the City, its officers, agents, and employ.ees from all claims, actions or suits of any
character brought for or on account of any claimed or alleged injuries or dama�es received by any
person or property, including the City, resulting from any act or omission by any person employed
by Provider in carrying out the terms of this Agreement.
SECTION 14. Assignment. The City and Provider each binds itself an its successors, legal
representatives, and assigns of such other party, with respect to all covenant of this Agreement; and
neither the City nor the Provider will assign or transfer their interest in this Agreement without the
w7itten consent of the other.
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SECTION 15. Termination. This Agreement will continue in full force and effect until
completion of the project as described herein unless it is terminated at an earlier date by either party.
Either parry to this Agreement may terminated it by giving no less than thirty (30) days written notice
of the intent to terminate to the other parry.
With Cause. The City reserves the right to suspend or terminate this Agreement if the
Provider violates any of the terms or conditions of this 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 withhold 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 such withholdin� or termination becomes effective.
Upon receipt of such notice, the Provider shall take all actions necessary to discontinue further
commitments of funds to the extent that they relate to the suspended or terminated portions of this
Agreement.
In the event of termination, the City will pay Provider for all service achially, timely, and
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 supporting documentation developed
up to the date of termination priar to the City rendering final payment for service.
SECTION 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. 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.
Any alterations, amendments, deletions, or waivers ofthe provisions ofthis Agreement shall
be valid only when reduced to writing and duly si�ned by the parties.
Modifications or additional schedules shall not be constnied to adversel}� affect vested rights
or causes of action which have accnied 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 acco:dance herewith.
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SECTION 18. Notices. Except as otherwise stated in this Agreement, any notice or demand
to be given under this Agreement shall be delivered in person or deposited in United States Certified
Mail, Retum Receipt Requested. Any notices or other communications shall be addressed as follows:
To City: To Provider:
SECTION 19. Waiver. Any failure of a party to assert any ri�ht under this Agreement shall
not constihrte a waiver or a termination of that right, this Agreement, or any of this Agreement's
provisions.
SECTION 20. Survival of Obliaation. The respective obligations of the City and Provider
under these terms and conditions, which by their nature would continue beyond the termination,
cancellation, or expiration hereof, shall survive termination, cancellation or expiration hereof.
If a court or governmental agency with proper 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 contimie in effect.
SECTION 21. Interpretation of Agreement, Venue. This Agreement shall be interpreted
and construed according to the laws of the State of Minnesota. All 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 party'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 militaiy emergences, or acts of legislative, judicial, executive, or
administrative authorities. �
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tsa —Sq�
SECTION 23. Entire Agreement. It is understood and agreed that this entire Agreement
supersedes all oral agreements and negotiations between the parties relatin� to the subject matters �
herein.
IN �VITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year
first above written.
For the City:
Approved as to form:
Assistant City Attorney
Department Director
Director, Office of Financial
Department of
Funding: 001-043 03 -0219-40016
Q:\Contract\dakotadriving00
�.� o ,� G.s.
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For the Provider:
BY ' � .
Its �`�-����•�1/�9
:
Its
Provider:
TaxpayerID: - !l`6� 7 �$y __
/bo b��j
ORIGINAL
Presented By:
Council File #
Green Sheet #
RESOLUTION
C1TY OF SAINT PAUL, MINNESOTA
oo- sqw
100690
�3
Referred To: Committee:Date:
1 BE IT RESOLVED, that the City of Saint Paul Police Department is authorized to enter into an agreement with
2 the Minnesota Vehicle Safety Training & Research Center to provide driving instruction for the Saint Paul Police Recruit
3 Academy 2000-2 and three hours of classroom training. A copy of said agreement is to be kept on file and on record in the
4 O�ce of Financial Services.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Requested by Department of:
Halris
Adopted by CounciL• Date:
Adoption ertified by Council $�retary: "
BY� � � �,.. _-
Approved by Mayor Date: JJ� �y7 2610 D
sy:
By:
Fon
By:
Approved b ayor for Su to Council:
By:
MNvhcleSftyTrngJune30.tmg00.xls
�.
Police
Chief Finney 292-3588
t�•� �_1 �I�7�3L�3: I�V (Il:] �
o,,,E W.�,m
os�is�oo GREEN SHEET No 10���90
� 1__I OeARr�rowsnae � L]j rnreasc� _
PoR ❑ GIYAifOYIY �_ � CRYQi�It
❑ N11111CIIiLi0lYKitOR ❑ pINIq4.iF0.N�ttT0
�YYOR�OItI1iNf�l111� ❑
_: i (CLJP ALL LOCATIONS FOR SIGNATURE)
��
Signatures requested on attached Council Resolution.
w
PLANNING COMMISSION
CIB CAMMITTEE
CML SERVICE CAMMISSION
Hes ihis oeROnlfitm everwaked under a conhact torthic depsrtmenn
vES NO
Has this pereoNfirm ever Deen a cRY anPbYce9
YES �
ooas mis aers«Ufiim po� a sia� not nomwhraoseessea M aor a,rrem cflr emwmee�
YES NO
Is Mia pneoNfi�m a terpeted vendoYl
YEu NO
71A71NG PROBLEM ISSUE, OPPORTUNITV (Wtro, Whffi, When, Whne, WM)
The Saint Paul Police Department is responsible for training new recruit officers in all
facets of law enforcement. Police Officers spend a great deal of time during their work
day driving a motor vehicle. Officers must often operate police vehicles under extremely
stressful circumstances. Poiice Officers need a high quality driving class to prepare
them for the challenges that face them on the street.
WANTAGESIFAPPROVED
New police recruit officers would participate in both classroom instruction and hands on
behind the wheel training. This training will help officers recognize the hazards of
emergency driving situations and the tremendous liability that is associated with such
incidents. "" - '
� ` p; c- . _ t„ _ .:.''�
� �.:� � t..� � ?' M_. ..
None
?�r'+.4Y Z � 2C��
54DVANTAGESIFNOTAPPROVED ...
New Saint Paul Police recruits would not have the opportunity to lear�i and"pfactice
anourR oF rnnnsncrroN t 2� 635 . 00
001-04303-0219-40016
INFORMATION(IXPWM
COSTlREYENUE BUDfiETED (GRCLE ONE� O
40016
ACTIVITY NUMBER
NO
f h �.
�
. .
d0 -St�
Agreement # 02-
Beriveen the City of Saint Paul and Minnesota Vehicle Safety Training & Research Center
THIS AGREEMENT, made and entered into this 3rd day of May, 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 V ehicle Safety Training & Reseazch Center whose
address is 1300 145"' Street East Rosemount, 'MN 55068, hereinafter referred to as "Provider."
The City and Provider, in consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, a�ree as follows:
SECTION 1: Scope of Services. Provider agrees to provide pursuit driving instruction for
Saint Paul police recruit officers as part of Saint Paul police academy 2000-2. To that end, Provider
�vill provide three hours of lecture and eight hours of pursuit driving training which meet the current
Minnesota POST Board requirements.
SECTION 2: Time For Completion. The services described in Section 1 shall be
commenced upon execution ofthe Agreement and will be completed in accordance with the schedule
mutually agreed upon with the City. The class lecture will be held on Friday, June 30"', 2000 in the
St. Paul Training Unit classroom from 1:00 p.m. to 4:00 p.m. The hands on driving instruction shall
be completed on July 7th, 2000 from 8:00 a.m. until 5:00 p.m. Provider shall not proceed with any
task without specific authorization from the Project Manager designated by the City.
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 shall request an extension
of time for completion of the project. The Project Manager will review the request and may grant
to the Provider such extensions of contract time �s may be reasonable.
SECTION 3: Billings and Payment. That for Provider's faithful performance of this
Agreement, the City hereby agrees to compensate the Provider in the amounts and according to the
following schedule.
$155.00 per student (a minimum of 12 students and a maximum of 17 students)
The above amounts shall fully 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 $2,635.00.
1
00 -say
Provider shall submit an itemized invoice z�pon completion of the tr Upon receipt of
the invoice and verification of the charges by the Project Manager, payment shall be made by the
City to Provider within thirty (30) days.
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 a�reed 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 Manngement. The City requires the Provider to assign specific
individuals as principal project members and to assL�re that the major work and coordination will
remain the responsibility of these individuals during the term of this Agreement. Removal of any
principal project member without replacement by equally qualified individuals or without the prior
written approval of the Ciry is grounds for termination of the Agreement by the City. Provider's
principal project members are:
Dorance Wicks, Law Enforcement Training Coordinator
The City has designated (A/Commander Pnul Str�ong) as the Project Manager for this
Agreement, 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 or changes to the Agreement, and interpret and define the Ciry's
policies and decisions pertinent to the work covered by this Agreement.
SECTION 5: City Responsibilities. The City agrees to provide Provider with access to any
information from City documents, staff, and other sources needed by Provider to complete the work
described herein.
15 Recruits and 15 City Poiice Vehicles
SECTION 6: Work Products, Records, Dissemin�tion of Information. For purposes of
fllis Agreement, the following words aud phrases shall have the meanings 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, drawing,
demonstration, or other materials, whether in written, electronic, or other format that results from
Provider's services under this Agreement.
"Satpporting doca�mentation" shall mean any surveys, questionnaires, notes, research, papers,
analyses, whether written electronic, or in other form, and other evidences used to generate any and
all work performed and work products generated uuder this Agreement.
Oo -S�y
"Business secords" shall mean any books, documents, papers, account records and other
evidences, whether written, electronic, or in other form, belon�ingto Provider and pertaining to work �
performed under this Aa eement.
All deliverable �vork products and supportin� documentation that result from the Provider's
services under this Agreement shall be delivered to the City and shall 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 ConsultanUProvider.
The Provider agrees not to release, transmit, or other wide disseminate any information
associated with or generated as a result of the work performed under this Agreement without prior
knowledge and written consent of the City.
In the event of termination, all work 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 fiirther obligation of the City to Provider except for
payment of amounts due and owing for any authorized work performed and expenses incurred to the
date and time of termination.
Provider agrees to maintain all business records in such a manner as will readily conform to
the terms of this Agreement 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 other duly authorized
representative.
Provider agrees to abide strictly by Chapter 13 of the Minnesota Statutes (Minnesota
Government Data Practice Act) as well as any other applicable federal, state, and local laws or
ordinances, and all applicable rules, regulations, �nd standards established by any agency of such
governmental units which are now or hereafter promulgated insofar as they related to the Provider's
performance of the provisions of this•Agreement. -
SECTION7: EqualOpportunityEmployment.TheProviderwiilnotdiscriminateagainst
an}' employee or applicant for employment for work under this Agreement because of race, color,
religion, sex, age, or national origin and will take affirmative steps to ensure that applicants are
emplo} ed and employees are treated during employment without regard to race color, religion, sex,
age or national origin.
This provision shall include, but not be limited to the following: employment, upgradin„
demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or their forms of
compensation; and, selection for training, including apprenticeship.
3
Oo -S9 y
SECTION 8: Compliance Wifh Applicable Law. Provider aa ees 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 govemmental units, which are now or hereafter promulgated
insofar as they relate to the Provider's performance of the provisions of this Aa eement. It shall be
the obligation of the Provider to apply for, pay for, and obtain al1 permits and/or licenses required.
SECTION 9: Conflict of Interest. Provider or will not contract for or accept employment
for the performance of any work or services with any individual, business, corporation, or
governmental unit that would create a conflict of interest in the performance of the obligations
pursuant to this Agreement with the City.
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 with the City."
Provider agrees that should any conflict or potential conflict of interest becomes known,
Conh will advise the Purchasing Systems Manager of the situation so that a determination can
be made about Provider's ability to continue performing services under the Agreement.
SECTION 10: Insurance. Provider shall be required to carry insurance of the kind and in
the amounts shown below for the life of the contract.
1. Public Liabilitv Insurance
a) Bodily Injury
$ 1,000,000
$ 2,000,000
each occurrence
aggregate
b) Property Damage
2. Automobile Insurance
a) Bodily Injury
$ 1,000,000
$ 2,000,000
$ 750,000
$ 1,000,000
b) Property damage not less than $50,000 per accident
each accident
aggregate
per person
per accident
3. Workers Compensation and Emplover's Liabilitv
a) Worker's Compensation per Minnesota Statute
b) Employer's Liability shall have minimum limits of $500,000 per accident;
$500,000'per employee; $5000,000 per disease policy limit.
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4. Professional Liabilitv Insurance
$1,000,000 per occurrence
$2,000,000 aggregate
5. General Insurance Rectuirements
a) The policy is to be �r7itten 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.
Ali certificates of insurance shall provide that the City's Division of Contract and Analysis Services
be given not less than thiriy (30) days prior �in�itfen notice of cancellation, non-renewal or any
material changes in the policy. Agent must state on the certificate if policy includes errors and
omissions coverage.
b) The Provider shall not commence work until a Certificate of Insurance covering all of
the insurance required for this project is approved and the project manager has issued a notice to
proceed. Insurance must remain in place for the duration of the original contract and any extensions
periods.
SECTION 11: Independent Contractor. It is agreed by the parties that, at all times and for
all purposes within 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 rights, privileges, or benefits of Saint Paul employees.
SECTION 12. Subcontracting. The Provider agrees not to enter into any subcontracts for
any of the work contemplated lmder this Agreement without obtaining prior written approval of the
City.
SECTION 13. Hold Harmless. The Provider shall indemnify, save, hold harmless, protect,
and defend the City, its officers, agents, and employ.ees from all claims, actions or suits of any
character brought for or on account of any claimed or alleged injuries or dama�es received by any
person or property, including the City, resulting from any act or omission by any person employed
by Provider in carrying out the terms of this Agreement.
SECTION 14. Assignment. The City and Provider each binds itself an its successors, legal
representatives, and assigns of such other party, with respect to all covenant of this Agreement; and
neither the City nor the Provider will assign or transfer their interest in this Agreement without the
w7itten consent of the other.
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SECTION 15. Termination. This Agreement will continue in full force and effect until
completion of the project as described herein unless it is terminated at an earlier date by either party.
Either parry to this Agreement may terminated it by giving no less than thirty (30) days written notice
of the intent to terminate to the other parry.
With Cause. The City reserves the right to suspend or terminate this Agreement if the
Provider violates any of the terms or conditions of this 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 withhold 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 such withholdin� or termination becomes effective.
Upon receipt of such notice, the Provider shall take all actions necessary to discontinue further
commitments of funds to the extent that they relate to the suspended or terminated portions of this
Agreement.
In the event of termination, the City will pay Provider for all service achially, timely, and
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 supporting documentation developed
up to the date of termination priar to the City rendering final payment for service.
SECTION 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. 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.
Any alterations, amendments, deletions, or waivers ofthe provisions ofthis Agreement shall
be valid only when reduced to writing and duly si�ned by the parties.
Modifications or additional schedules shall not be constnied to adversel}� affect vested rights
or causes of action which have accnied 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 acco:dance herewith.
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SECTION 18. Notices. Except as otherwise stated in this Agreement, any notice or demand
to be given under this Agreement shall be delivered in person or deposited in United States Certified
Mail, Retum Receipt Requested. Any notices or other communications shall be addressed as follows:
To City: To Provider:
SECTION 19. Waiver. Any failure of a party to assert any ri�ht under this Agreement shall
not constihrte a waiver or a termination of that right, this Agreement, or any of this Agreement's
provisions.
SECTION 20. Survival of Obliaation. The respective obligations of the City and Provider
under these terms and conditions, which by their nature would continue beyond the termination,
cancellation, or expiration hereof, shall survive termination, cancellation or expiration hereof.
If a court or governmental agency with proper 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 contimie in effect.
SECTION 21. Interpretation of Agreement, Venue. This Agreement shall be interpreted
and construed according to the laws of the State of Minnesota. All 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 party'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 militaiy emergences, or acts of legislative, judicial, executive, or
administrative authorities. �
7
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SECTION 23. Entire Agreement. It is understood and agreed that this entire Agreement
supersedes all oral agreements and negotiations between the parties relatin� to the subject matters �
herein.
IN �VITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year
first above written.
For the City:
Approved as to form:
Assistant City Attorney
Department Director
Director, Office of Financial
Department of
Funding: 001-043 03 -0219-40016
Q:\Contract\dakotadriving00
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For the Provider:
BY ' � .
Its �`�-����•�1/�9
:
Its
Provider:
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ORIGINAL
Presented By:
Council File #
Green Sheet #
RESOLUTION
C1TY OF SAINT PAUL, MINNESOTA
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100690
�3
Referred To: Committee:Date:
1 BE IT RESOLVED, that the City of Saint Paul Police Department is authorized to enter into an agreement with
2 the Minnesota Vehicle Safety Training & Research Center to provide driving instruction for the Saint Paul Police Recruit
3 Academy 2000-2 and three hours of classroom training. A copy of said agreement is to be kept on file and on record in the
4 O�ce of Financial Services.
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Requested by Department of:
Halris
Adopted by CounciL• Date:
Adoption ertified by Council $�retary: "
BY� � � �,.. _-
Approved by Mayor Date: JJ� �y7 2610 D
sy:
By:
Fon
By:
Approved b ayor for Su to Council:
By:
MNvhcleSftyTrngJune30.tmg00.xls
�.
Police
Chief Finney 292-3588
t�•� �_1 �I�7�3L�3: I�V (Il:] �
o,,,E W.�,m
os�is�oo GREEN SHEET No 10���90
� 1__I OeARr�rowsnae � L]j rnreasc� _
PoR ❑ GIYAifOYIY �_ � CRYQi�It
❑ N11111CIIiLi0lYKitOR ❑ pINIq4.iF0.N�ttT0
�YYOR�OItI1iNf�l111� ❑
_: i (CLJP ALL LOCATIONS FOR SIGNATURE)
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Signatures requested on attached Council Resolution.
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PLANNING COMMISSION
CIB CAMMITTEE
CML SERVICE CAMMISSION
Hes ihis oeROnlfitm everwaked under a conhact torthic depsrtmenn
vES NO
Has this pereoNfirm ever Deen a cRY anPbYce9
YES �
ooas mis aers«Ufiim po� a sia� not nomwhraoseessea M aor a,rrem cflr emwmee�
YES NO
Is Mia pneoNfi�m a terpeted vendoYl
YEu NO
71A71NG PROBLEM ISSUE, OPPORTUNITV (Wtro, Whffi, When, Whne, WM)
The Saint Paul Police Department is responsible for training new recruit officers in all
facets of law enforcement. Police Officers spend a great deal of time during their work
day driving a motor vehicle. Officers must often operate police vehicles under extremely
stressful circumstances. Poiice Officers need a high quality driving class to prepare
them for the challenges that face them on the street.
WANTAGESIFAPPROVED
New police recruit officers would participate in both classroom instruction and hands on
behind the wheel training. This training will help officers recognize the hazards of
emergency driving situations and the tremendous liability that is associated with such
incidents. "" - '
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� �.:� � t..� � ?' M_. ..
None
?�r'+.4Y Z � 2C��
54DVANTAGESIFNOTAPPROVED ...
New Saint Paul Police recruits would not have the opportunity to lear�i and"pfactice
anourR oF rnnnsncrroN t 2� 635 . 00
001-04303-0219-40016
INFORMATION(IXPWM
COSTlREYENUE BUDfiETED (GRCLE ONE� O
40016
ACTIVITY NUMBER
NO
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Agreement # 02-
Beriveen the City of Saint Paul and Minnesota Vehicle Safety Training & Research Center
THIS AGREEMENT, made and entered into this 3rd day of May, 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 V ehicle Safety Training & Reseazch Center whose
address is 1300 145"' Street East Rosemount, 'MN 55068, hereinafter referred to as "Provider."
The City and Provider, in consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, a�ree as follows:
SECTION 1: Scope of Services. Provider agrees to provide pursuit driving instruction for
Saint Paul police recruit officers as part of Saint Paul police academy 2000-2. To that end, Provider
�vill provide three hours of lecture and eight hours of pursuit driving training which meet the current
Minnesota POST Board requirements.
SECTION 2: Time For Completion. The services described in Section 1 shall be
commenced upon execution ofthe Agreement and will be completed in accordance with the schedule
mutually agreed upon with the City. The class lecture will be held on Friday, June 30"', 2000 in the
St. Paul Training Unit classroom from 1:00 p.m. to 4:00 p.m. The hands on driving instruction shall
be completed on July 7th, 2000 from 8:00 a.m. until 5:00 p.m. Provider shall not proceed with any
task without specific authorization from the Project Manager designated by the City.
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 shall request an extension
of time for completion of the project. The Project Manager will review the request and may grant
to the Provider such extensions of contract time �s may be reasonable.
SECTION 3: Billings and Payment. That for Provider's faithful performance of this
Agreement, the City hereby agrees to compensate the Provider in the amounts and according to the
following schedule.
$155.00 per student (a minimum of 12 students and a maximum of 17 students)
The above amounts shall fully 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 $2,635.00.
1
00 -say
Provider shall submit an itemized invoice z�pon completion of the tr Upon receipt of
the invoice and verification of the charges by the Project Manager, payment shall be made by the
City to Provider within thirty (30) days.
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 a�reed 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 Manngement. The City requires the Provider to assign specific
individuals as principal project members and to assL�re that the major work and coordination will
remain the responsibility of these individuals during the term of this Agreement. Removal of any
principal project member without replacement by equally qualified individuals or without the prior
written approval of the Ciry is grounds for termination of the Agreement by the City. Provider's
principal project members are:
Dorance Wicks, Law Enforcement Training Coordinator
The City has designated (A/Commander Pnul Str�ong) as the Project Manager for this
Agreement, 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 or changes to the Agreement, and interpret and define the Ciry's
policies and decisions pertinent to the work covered by this Agreement.
SECTION 5: City Responsibilities. The City agrees to provide Provider with access to any
information from City documents, staff, and other sources needed by Provider to complete the work
described herein.
15 Recruits and 15 City Poiice Vehicles
SECTION 6: Work Products, Records, Dissemin�tion of Information. For purposes of
fllis Agreement, the following words aud phrases shall have the meanings 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, drawing,
demonstration, or other materials, whether in written, electronic, or other format that results from
Provider's services under this Agreement.
"Satpporting doca�mentation" shall mean any surveys, questionnaires, notes, research, papers,
analyses, whether written electronic, or in other form, and other evidences used to generate any and
all work performed and work products generated uuder this Agreement.
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"Business secords" shall mean any books, documents, papers, account records and other
evidences, whether written, electronic, or in other form, belon�ingto Provider and pertaining to work �
performed under this Aa eement.
All deliverable �vork products and supportin� documentation that result from the Provider's
services under this Agreement shall be delivered to the City and shall 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 ConsultanUProvider.
The Provider agrees not to release, transmit, or other wide disseminate any information
associated with or generated as a result of the work performed under this Agreement without prior
knowledge and written consent of the City.
In the event of termination, all work 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 fiirther obligation of the City to Provider except for
payment of amounts due and owing for any authorized work performed and expenses incurred to the
date and time of termination.
Provider agrees to maintain all business records in such a manner as will readily conform to
the terms of this Agreement 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 other duly authorized
representative.
Provider agrees to abide strictly by Chapter 13 of the Minnesota Statutes (Minnesota
Government Data Practice Act) as well as any other applicable federal, state, and local laws or
ordinances, and all applicable rules, regulations, �nd standards established by any agency of such
governmental units which are now or hereafter promulgated insofar as they related to the Provider's
performance of the provisions of this•Agreement. -
SECTION7: EqualOpportunityEmployment.TheProviderwiilnotdiscriminateagainst
an}' employee or applicant for employment for work under this Agreement because of race, color,
religion, sex, age, or national origin and will take affirmative steps to ensure that applicants are
emplo} ed and employees are treated during employment without regard to race color, religion, sex,
age or national origin.
This provision shall include, but not be limited to the following: employment, upgradin„
demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or their forms of
compensation; and, selection for training, including apprenticeship.
3
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SECTION 8: Compliance Wifh Applicable Law. Provider aa ees 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 govemmental units, which are now or hereafter promulgated
insofar as they relate to the Provider's performance of the provisions of this Aa eement. It shall be
the obligation of the Provider to apply for, pay for, and obtain al1 permits and/or licenses required.
SECTION 9: Conflict of Interest. Provider or will not contract for or accept employment
for the performance of any work or services with any individual, business, corporation, or
governmental unit that would create a conflict of interest in the performance of the obligations
pursuant to this Agreement with the City.
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 with the City."
Provider agrees that should any conflict or potential conflict of interest becomes known,
Conh will advise the Purchasing Systems Manager of the situation so that a determination can
be made about Provider's ability to continue performing services under the Agreement.
SECTION 10: Insurance. Provider shall be required to carry insurance of the kind and in
the amounts shown below for the life of the contract.
1. Public Liabilitv Insurance
a) Bodily Injury
$ 1,000,000
$ 2,000,000
each occurrence
aggregate
b) Property Damage
2. Automobile Insurance
a) Bodily Injury
$ 1,000,000
$ 2,000,000
$ 750,000
$ 1,000,000
b) Property damage not less than $50,000 per accident
each accident
aggregate
per person
per accident
3. Workers Compensation and Emplover's Liabilitv
a) Worker's Compensation per Minnesota Statute
b) Employer's Liability shall have minimum limits of $500,000 per accident;
$500,000'per employee; $5000,000 per disease policy limit.
�
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4. Professional Liabilitv Insurance
$1,000,000 per occurrence
$2,000,000 aggregate
5. General Insurance Rectuirements
a) The policy is to be �r7itten 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.
Ali certificates of insurance shall provide that the City's Division of Contract and Analysis Services
be given not less than thiriy (30) days prior �in�itfen notice of cancellation, non-renewal or any
material changes in the policy. Agent must state on the certificate if policy includes errors and
omissions coverage.
b) The Provider shall not commence work until a Certificate of Insurance covering all of
the insurance required for this project is approved and the project manager has issued a notice to
proceed. Insurance must remain in place for the duration of the original contract and any extensions
periods.
SECTION 11: Independent Contractor. It is agreed by the parties that, at all times and for
all purposes within 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 rights, privileges, or benefits of Saint Paul employees.
SECTION 12. Subcontracting. The Provider agrees not to enter into any subcontracts for
any of the work contemplated lmder this Agreement without obtaining prior written approval of the
City.
SECTION 13. Hold Harmless. The Provider shall indemnify, save, hold harmless, protect,
and defend the City, its officers, agents, and employ.ees from all claims, actions or suits of any
character brought for or on account of any claimed or alleged injuries or dama�es received by any
person or property, including the City, resulting from any act or omission by any person employed
by Provider in carrying out the terms of this Agreement.
SECTION 14. Assignment. The City and Provider each binds itself an its successors, legal
representatives, and assigns of such other party, with respect to all covenant of this Agreement; and
neither the City nor the Provider will assign or transfer their interest in this Agreement without the
w7itten consent of the other.
9
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SECTION 15. Termination. This Agreement will continue in full force and effect until
completion of the project as described herein unless it is terminated at an earlier date by either party.
Either parry to this Agreement may terminated it by giving no less than thirty (30) days written notice
of the intent to terminate to the other parry.
With Cause. The City reserves the right to suspend or terminate this Agreement if the
Provider violates any of the terms or conditions of this 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 withhold 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 such withholdin� or termination becomes effective.
Upon receipt of such notice, the Provider shall take all actions necessary to discontinue further
commitments of funds to the extent that they relate to the suspended or terminated portions of this
Agreement.
In the event of termination, the City will pay Provider for all service achially, timely, and
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 supporting documentation developed
up to the date of termination priar to the City rendering final payment for service.
SECTION 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. 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.
Any alterations, amendments, deletions, or waivers ofthe provisions ofthis Agreement shall
be valid only when reduced to writing and duly si�ned by the parties.
Modifications or additional schedules shall not be constnied to adversel}� affect vested rights
or causes of action which have accnied 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 acco:dance herewith.
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SECTION 18. Notices. Except as otherwise stated in this Agreement, any notice or demand
to be given under this Agreement shall be delivered in person or deposited in United States Certified
Mail, Retum Receipt Requested. Any notices or other communications shall be addressed as follows:
To City: To Provider:
SECTION 19. Waiver. Any failure of a party to assert any ri�ht under this Agreement shall
not constihrte a waiver or a termination of that right, this Agreement, or any of this Agreement's
provisions.
SECTION 20. Survival of Obliaation. The respective obligations of the City and Provider
under these terms and conditions, which by their nature would continue beyond the termination,
cancellation, or expiration hereof, shall survive termination, cancellation or expiration hereof.
If a court or governmental agency with proper 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 contimie in effect.
SECTION 21. Interpretation of Agreement, Venue. This Agreement shall be interpreted
and construed according to the laws of the State of Minnesota. All 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 party'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 militaiy emergences, or acts of legislative, judicial, executive, or
administrative authorities. �
7
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SECTION 23. Entire Agreement. It is understood and agreed that this entire Agreement
supersedes all oral agreements and negotiations between the parties relatin� to the subject matters �
herein.
IN �VITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year
first above written.
For the City:
Approved as to form:
Assistant City Attorney
Department Director
Director, Office of Financial
Department of
Funding: 001-043 03 -0219-40016
Q:\Contract\dakotadriving00
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For the Provider:
BY ' � .
Its �`�-����•�1/�9
:
Its
Provider:
TaxpayerID: - !l`6� 7 �$y __
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