03-740RESOLUTION
OF SAINT PAUL, MLNNESOTA
Presented By:
Reterred To:
Council File #
Green Sheet #
D 3 - ��Fa
205060
/3
Committee:Date:
1 WHEREAS, the City of St. Paul, Police Department, is authorized to enter into the attached
2 joint powers agreement, which includes an indemnification clause, with the State of Minnesota for
3 permit to carry certification training courses. A copy of said agreement is to be kept on file in the
4 Office of Financial Services.
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Adopted by Council: Date: /����s� /3. �od�
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Requested by Depardnent of:
Form Approved by
03 -r1'�D
F.Y.: Cost Center: Obj. Code= Amounr. Vendor �: P.O. �:
04 [insert �j U60 594,485
STATE OF MINtiESOTA
MI\1ESOTA STATE COLLEGES �VD UlVIVERSITIES
Centurv Collere
JOINT POWERS AGREEMENT
THIS JOINT POWERS AGREEVIENT, and amendments and supplements thereto, (hereinafter "contracY') is
between the State of Minnesota, acting through its Board of Trustees of the Minnesota State Colleges and
Universiries, on behalf of Centw� Colleee (hereinafter "STATE"), which is empowered to enter into joint powers
agreements pursuant to Minnesota Statutes, Chapter 471.59, Subd. 1Q and St. PazeT Police De�artment, address !00
E 1!`�` Street. St. Paul. MN S i 101 (hereinafter "CONTRACTOR"), which is empowered to enter into joint po«�ers
agreements pursuant to Minnesota Statutes, Chapter 471.59, Subd. 10;
WHEREAS, CONTRACTOR represents that it is duly qualified and willing to perform the services set forth herein.
NOW, THEREFORE, it is agreed:
A. CONTRACTOR'S DUTIES. (Attach additional page(s) if necessary which is incocporated by
reference and made a part of this agreement.) The CONTRACTOR shall:
See attached Memo of Understnnding.
B. STATE'S DUTIES (Attach additional page(s) if necessary which is incotporated by reference and
made a part of this a�reement.) STATE shall:
See attached Memo of Understanding.
II. CONSIDERATION A\D TERMS OF PAYMENT
A. Consideration for aIl services performed by the CONTRACTOR pursuant to this contract shall be paid
by the STATE as follows:
See attacTaed Memo of Understanding.
B. Terms of Pavment. Payments shall be made by the STATE promptty afrer the CONTRACTOR'S
presentation of im'oices for services pedormed and acceptance of such services by the STATE'S
authorized representative pursuant to Clause VI. In�roices shall be submitted according to the
following schedule�
Expenses w(118e calculated we+y 6 n:onths as ctescribed on the attaclaecf Merao of Unclerstanding.
III. CONDITIONS OF PAI:MENT. All services provided by the CONTRACTOR pursuant to this contract
shall be performed to the satisfaction of the STATE, as detemuned at the sole discretion of its authorized
representative, and in accord with all applicable federal, state, and local ]aws, ordinances, ru]es and
regulations. The CONTRACTOR shall not receive payment for work found by the STATE to be
unsa[isfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation.
03 - � `(O
N. TERiUi OF CONTRACT. This contract shall be effeaive on Jutv 1 2003. or upon the date that the final
required signature is obtained by Ihe STATE, �chichever occurs later, and shall remain in effect until
June 30. 20D4, or until all obligarions set forth in this contract have been satisfactorily fulfilled, uhichever
occurs fust. The CONTRACTOR understands that A`O work should be�in under ihis conRaci uniil r1LL
required signatures have been obtained, and the CO�RACTOR is notified to begin cc'ork by the STATE'S
Authorized Representative.
V. CANCELLATIO?I. This connact may be canceled by the STATE or the CONTRACTOR at an7 rime, with
or without cause, upon thirty (30) days written notice to the other party. In the event of such a cancellation,
the CONTRACTOR shall be entitled to payment, detemuned on a pro rata basis, for work or sen ices
sarisfactorily performed.
VI. STATE'S AUTHORIZED REPRESENTATIVE. The STATE'S Authorized Representarive fot the
purposes of administration of this contract is Joan Peterson. The CONTRACTOR'S Authorized
Representative for the purposes of administration of this contract is Senior Commander Colleen Luna. The
STATE'S Authorized Representative shall have final authority for acceptance of ttte COVTRACTOR'S
services and if such services are accepted as satisfactory, shall so certify on each invoice submitted pursuant
to Clause R, pamgcaph B.
VII. ASSIGNMENT. The CONTRACTOR shall neither assign nor transfer any righ[s or obligations under this
contraM without the prioi written consent of the STATE.
VIII. AMENDMENTS. Any amendments to this contract shall be in vniting, and shall be executed by the same
parties who executed the original contract, or their successors in office.
IX. LIABILITY. The CONTRACTOR shall indemnify, save, and hold the STATE, its representatives and
employees harmless from any and all c]aims or causes of action, including all attorney's fees incurred by the
STATE, arising from the performance of this contract by the CONTRACTOR or COVTRACTOR'S agents
or employees. This clause shall not be construed to bar any legal remedies the CON7'R4CTOR may have
for [he STATE'S failure [o fulfill its obligations pursuant to this contract Additionally, this indemnification
clause shall not be construed as a waiver by the COArTRACTOR of the municipal tort liability limits set
forth in Minnesota Statute §466.01.
X. STATE AUDITS. The books, records, documents, and accounting procedures and practices of thz
CONTRACTOR relevan[ to this contract shall be subject to examina[ion by the contracting depar[ment and
the Legislative Auditor.
XL DATA PRACTICES ACT. The CONTRACTOR shall comply with the Minnesota Daca Practice> Acc as it
applies to all data provided by the STATE in accordance with this contract and as it applies to all daca
created, gathered, generated or acquired in accordance with this contract.
XII. OWIYERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY RIGHTS.
The CONTRACTOR represents and warrants that MATERIALS produced or used under this contract
do not and wiil not infringe upon any intellectual property rights of another, including but not limited to
patents, copyrigh[s, trade secrets, trade names, and service marks and names. The CONTRACTOR
will indemnify and defend the STATE a[ the CONTRACTOR'S expense from an}� action or claim
brought against the STATE to the extent that it is based on a claim that a11 or part of the MATERIALS
infringe upon the intellectua] properiy rights of another. The CONTRACTOR sha]] be responsible for
payment of any and all such claims, demands, obligations, liabilities, costs, and damages induding. but
not ]imited tq reasonable attomey fees arising out of this contract, amendments and supplemr�ts
thereto, which are attributable to such claims or actions.
If such a claim or action arises, or in the CONTRACTOR'S or the STATE'S opinion is likel� to arise,
the CONTRACTOR shall at the STATE'S discre[ion either procure for the STATE the right or license
D3 - � `�b
to continue using the MATERIALS at issue or replace or modify the allegedly infringing
MATEffiALS. This remedy shall be in addition to and shall not be exclusive to other remedies
provided by law.
XIII. PUBLICITY. Any publicity given to the progc2.i[l, publications, or services provided resultin� from thu
conhact, including, but not limited to, notices, informational pamphlets, press releases, research, reports,
signs, and similar public notices prepared by or for the CONTRACTOR or its employees indi� iduatly or
jointly with others, or any subconnactois sha11 identify the STATE and the COArTRACTOR as the
sponsoring agencies.
XIV. OTHER PROVISIONS. (Attach additional page(s) as necessary):
N/A
IN WITNESS WHEREOF, the parties hace caused this contract to be duly executed intending to be bound thereby.
APPROVED:
1. NY NNESOTA STATE COLLEGES .�D
UN ERSITIES
Centu Cal[ege
By (au[horized lege/universitylsystem office
signaNCe)
Title
Date
2. VERIFIED AS TO ENCUMBRAN •
By (authorized college/university/system office
signature)
Ti[le
Date
d. AS TO FORM AND EXECUTION:
By (authorized college/university/ stem office
signature)
Title
3. CONTRACTOR (Governmental Entity):
Contractor certifies that the appropriate
person(s) have executed the contract o
of the contractor as required by ap cat
articles, by-laws, resolutions, or dinani
�
Date
�
signadue)
signature)
Sy (authorized signahue)
Date
By (.
Tide
Date
MnSC.TJ006 � �'J � J� C �o � S;� n ce-� � e S
8 Q�� Ccs un C�( t`e Sc�� r : S a.�(J� !'a�e ��
3
❑�
7/18/03
ASl'aC
292-3588
TOTAL # OF SIGNATURE PAC�ES
GREEN SHEET
No: 205060
INRIAUDATE
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❑i91NK1AL SERVICES DI0. _
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(CLIP ALL LOCATIONS FOR SIGNATURE)
Signatures requested on the attached commcil resolution authorizing the City of St. Paul, Police Department,
to enter into the attached joint powers agreement with the State of Minnesota for pernut to cazry certification
training courses.
PLANNING COMMISSION
CIB COMMITTEE
CIVIL SERVICE COMMISSION
:RSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS'
Has this persoNfirm ever worked under a contract forihis depatlment?
YES NO
Has ihis perso�rm ever been a city employee?
YES NO
Does this person/firm possess a skill not normally possessetl by any cunent city employee�
YES NO
Is this persoNfirm a targeted vendoR
YES NO
;plain atl yes answers on separate sheet aml ariach to green sheet
The Saint Paul Police Department will partner with Century College to provide an 8-hour permit to cany
certification training wurse designed to meet and exceed the requirements of MN STAT § 624.714 using
professional St. Paul Police Department instructors, St_ Paul Police Department firearms training facilities,
and a high-quality curriculum designed and used by the St. Paul Police Departrnent.
The City of St. Paul and the St. Paui Police Depaztment stands to gain revenues by providing professional
firearms training and certificarion to interested persons looking to apply for a permit to carry a fireazm.
4GES IF APPROVED RECENED � � � � � � � I
AUG - �l 2003 �{�L ,� � ���3
None
IF NOT APPROVED
The Saint Paul Police Department will not enter into this agreement with the State of Minnesota, thereby
losing the oppor[uniry to gain revenue earned by providing the pernut to carry cerpfication training.
TOTAL AMOUNT OF TRANSACTION $ see attached ageement
FUNDMG SOURCE see attached agreement
FINANCIAL INFORMATION (EXPLAIN)
COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
��ut�c.El Res?arch Center
ACTIVITY NUMBER 43634117
[wr...i
03-�40
CenturyCollege
A Community and Technical College
��
MEMO OF UNDERSTANDING SETWEEN
CENTURY COLLEGE AND SAINT PAUL POLICE DEPARTMENT
Effective July 1, 2003 — Ju(y 1, 2004
Permit To Carry Certification Training Course
The Saint Paul Police Department and Century College wiN partner to provide an
8-hour Permit to Carry Certification Training Course designed to meet and
exceed the requirements of MN STAT � 624.714 using professional Saint Paul
Police Department instructors, Saint Paul Police Department firearms training
facilities, and a high-quality curriculum designed and used by St. Paul Police
Department. The course wi{I provide participants with instruction on the
fundamental legal aspects of pistol possession, carry, and use including self-
defense and the restrictions on the use of deadly force; instruction on firearms
safety, mechanics, and mind-set; instruction in the fundamentais of pistol use;
and, qualification exercises.
The terms and conditions of the training partnership arrangement include the
following:
I. Duties of Saint Paul Police Department
A. Curriculum Development and Course Delivery
. Develop and deliver statutorily sound lesson p{an, classroom
presentation, qualification exercise, and classroom materials/handouts
. Identify Saint Paul Police Department Certified Firearms instructors
o Verify qualification of instructors
o One instructor would be needed for each 4 hour classroom
session. The 8-hour (two-session) range day would need two
firearms instructors and one range safety officer. Overtime
rates for police off+cers are $43 for officers and $47 for
sergeants. The firearm instructor cadre is made up of both
ranks.
o Schedule instructors
• Develop process for firearm possession compliance checks
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Course rosters wiil be forwarded to Saint Paul Pofice
Department Range stafF in order to process a basic firearm
possession compliance check (SPPD and BCA) to identify and
disqualify any applicant with a felony conviction that would
prohibit him/her from possessing a firearm.
Range staff will notify Century College of the status ofi
registrants as to their eligibility to take the course within 5 days.
Saint Paui Police Department reserves the right to refuse
training to anyone at their facilities for any reason.
Set-up Permit to Carry Certification Training course schedule in
consultation with Century College. Courses will consist of 4 hours of
classroom instruction on weekday evenings followed by 4 hours of
range instruction, exercises, and qualifications on Saturdays.
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Session A
■ Tuesday evening, 5:00-9:00 Glassroom Training at
MnSCU Training Facility at the Ford Plant, Energy Park
Century College or Saint Paul Police Department
• Saturday, 8:40am —12:OOnoon Range training and
qualification at Saint Paul Police Department
Session B
■ Wednesday evening, 5:0�-9:OOpm Classroom training at
MnScu Training Facility at the Ford Plant, Energy Park,
Century Coifege or Saint Paul Police Department.
■ Saturday, 1:OOpm-5:OOpm Range training and
qualification at Saint Paul Police Department
• Set up FilelRecords System
o Saint Paul Police Department will record the participanYs name,
date of birth, date of attendance, and pass/fail in a separate
table section of the already existing training database
• Identify and provide necessary range materials (targets, etc.)
• Provide the indoor range facility, and a classroom, if necessary and
avaifable (primary classrooms are at Century College sites}, for training
sessions
• Develop security procedures to facilitate the safe egress and use of the
range facility for participants and staff. Applicants wifl have to display
photo identification to Range staff at the Saint Paul Police Department
facilities.
. Participants must demonstrate proficiency in both the classroom and
range portions of the course to receive a Certificate of Compietion.
Ghronic unsafe handling of a firearm during the course of instruction
despite warnings and re-mediation by a firearm instructor constitutes a
failure at the discretion of the instructor or range safety officer. if a
participant is deemed not to have passed the course because of
his/her inability to demonstrate proficiency of the course material and
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exercises, they wi11 be ailowed to re-take the course at a later time as
space allows for $100.
• Upon completion of the course, participanYs proficiency with the
course material and exercises will be reviewed, and a pass/fail
decision made. Certificates of Completion will be issued to participants
at the end of each course by Range staff. Century College
Instructional Support staff will be notified of the resuits.
• Saint Paul Poiice Department wilf have appiication packets provided by
Century College available to individuals who call or stop by the
Headquarters building to obtain information on the Permit To Carry
Certification Training course.
• If the participant faifs, Saint Paui Police Department and Century
College will recommend options for additional training programs.
o List of private ranges for further practice
B. Promotion of Permit to Carry Certification Training course
through the following venues:
• Promote the Permit to Carry Certification Train+ng course
through the St. Paul Police Department web site
• 5aint Paui Police Department wiil notify other Pofice/Sheriff's
Departments in the State of the training program via fax and
other options available
. Provide Saint Paul Police Department logo to Century College
CE/CT Marketing Director
C. Century Coilege Forms
• Attendance Roster
Saint Paul Police Department Certified Instructors will check
attendance at each course and send the attendance roster
along with the evafuations to Century College Instructional
Support Staff.
• Evaluation Form
Saint Paui Police Department Certified Instructors wiil distribute
Century College Evaluations to participants.
Evaluations, along with attendance roster, will be sent to the
Century CoNege Instructional Support Staff. The evaluations wifl
be summarized and shared with the St. Paul Police
DepartmenYs Director of Training.
Certificates of Completion
fn order to receive a Certifiicate of Completion, participants must
demonstrate proficiency with the course material and exercises
in both the classroom and range instruction phases
b3 -� yb
Range staff will be provided the Certificates of Completion at the
beginning of each class for issuance immediately upon
successful compietion of the course of instruction
Range staff wili notify Century Gollege and their stafF of class
results
Century Coilege will handle requests for replacement of lost or
damaged Certificates of Completion for a minimal fee
F. Printed Materials/Century Logo/Saint Paul Police Department
Logo
• All printed materials dealing with this project must be approved
by the Saint Paul Police Department and the Century College
Continuing Education and Customized Training Marketing
Director.
G. Firearms
• The foilowing calibers only are allowed: .22, .25, .32, .380, .38,
.357, 9mm, and .40
. O�fy factory ball-type ammun+tion will be allowed. No reloads.
If participants are unsure which type of ammunition to purchase
and bring, they can contact the Saint Paul Police Department
Range Stafif inember at 651-265-3890
• Rentai handguns are available for a fee of $20.00.
. Course participants must provide their own ammunition (100
rounds), holster, and concealing garment (untucked shirt, vest,
or light jacket).
H. Retirees
Saint Paui Police Department retirees will be allowed to fill open
class slots for a reduced fee of $100. Retirees will be asked to
complete a separate application provided by Century College,
availabie from the Range Staff, and submit the application and
$100 fee to Century College. Both Century College and Saint Paul
Pofice Department wiil split 50/50 the special retiree fee rate.
Liability and Waiver
. MN STAT § 624.714 Subd.19. (IMMUNITY.) Neither a sheriff,
police chief, any employee of a sheriff or police chief involved in
the permit issuing process, nor any certified instructor is liable
for damages resulting or arising from acts with a firearm
committed by a permit holder, unless the person had actual
knowledge at the time the pesmit was issued or the instruction
was given that the applicant was prohib�ted by law from
possessing a firearm.
. The application will include a signed data practices advisory
D3-��D
Participants wiil have to sign a liability and wa+ver release form
which the Saint Paul Police Department will provide the day of
the course.
IL Duties of Centurv College
A. Promotion of the Permit to Carry Certification Training course
through the following venues:
Century Co{lege CE/CT Marketing Director will deveiop a
Marketing plan for the Permit to Carry Cer[ification Training
Course
Develop Application Packet including:
o Permit to Carry Certification Training Course
Information Sheet
o Permit to Carry Certification Training course dates,
times, location, course numbers
o Permit to Carry Certification Training course
Registration sheet
o Other information as required
• Develop Certificate of Completion
• Develop mailing list to promote training program; for
example gun shops, sporting goods stores, etc.
• Century College's CE/CT Web Page wili promote the Permit to
Carry Certifiication Training Course
• Century College will provide a section in tfie Continuing
Education and Wo�kforce Training quarterly catalog to advertise
the Permit to Carry Certification Training course
• Century College Public Relations Director wiil send a news
release to locai and state media regarding the Permit to Carry
Certification Training Program
• Century College staff will promote the course to appropriate
clients and on sales calls
B. Century Coilege will provide staff support in the following
areas to ensure the Permit to Carry Certification Training
course is handled in a professional manner
• Century's registration /customer service staff wiil enroll
participants in the training program via mail, fax or walk-in basis.
(See specific registration information below).
• Century's Instructional Support Staff will forward class roster,
two weeks prior to training date, to the Training Unit for firearm
possession compliance check.
• Century's Instructional Support Staff wili prepare an attendance
roster, evaluation forms, and certificates of completion for the
p3-��0
program participants and this wili be sent to the St. Paul Poiice
Department Certified Firearms Instructors.
• Century College witl be the main repository of records for these
courses
Joan Peterson of Century College will serve as the College
liaison for the Gun Safety Certification Training Program
C. Registration/ConfirmationiCanceilation/Refund Poficy
• Registration
Century College registration staff will handle all registrations for
the Gun Safety Certification Training course. Registrations will
be handled in three ways:
• Bv Mai1: Participants may complete the registration form and
provide credit card information or write a check for the exact
amount made payable to Century Coilege Continuing
Education. Mail registration form and check to:
Continuing EducationlCustomized Training, Century Goliege,
3300 Century Avenue North, White Bear Lake, MN 55110
Bv Fax
Dial 651-779-5802. Charge card registrations ONLY.
Include all information.
• In Person
Stop by Room 2330, East Campus, Century Coliege.
Office hours:
Monday — Thursday, 8:OOam-5:OOpm; Friday, 8:OOam-
4:OOpm
• Confirmation
Registration is confirmed by participant's payment of fees on
first come-first served basis. Participants will receive a
confirmation notice of their registration along with written
instruction sheet.
• Cancetlation
Century College reserves the right to cancel any class not
meeting a minimum enrollment of 8 paying participants;
maximum enrollment wili not exceed 15. If the course is
cancelled, Century College wi11 work together to notify
paRicipants of course cancellation. Century Coliege will
charge the $10 processing fee for participants that have
registered.
0 3-��a
Refund Policy
Should participants need to cancel their registration for this
course for any reason, Century College Continuing
Education and Customized Training Department (651-779-
3341) must be notified of the af least three working days
before the start of the course. No refunds are issued if
participants cancel after that date.
Cost and Financial Aqreement July 1, 2003 throuqh Julv 1, 2004
The Cost and �inancial Agreement assumes full enrollment of 30 participants per
week at $225 per participant. If enroi{ment is less, expenses of both parties,
Saint Paul Police Department and Century Goflege will be prorated * Expenses
will be calculated every 6 months.
July 1— December 31, 2003
22 weeks
Revenue
30 participantslweek = 660
660 participants @ $225 =
Total Revenue
$148.500
$148,500
Expenses
Overtime cosis for SPPD instructors = $ 39,248
Range materials (targets, etc.) _ $ 7,00�
SPPD clerical 1/8 FTE _ $ 3,500
*Century College Up-front Marketing cost $ 1,000
to get the program launched — not a prorated expense
Century College Costs = $ 5.500
• Marketing (
. Clerical Support
• Fiscal Management
Total Expenses $56,248
Total Profit
Split 50/50 St. Paul Police Dept.
Century Gollege
$92,252
$46,126
$46,126
Additional Revenue Sources:
• Extra revenue from Saint Paul Police Department Retirees will be split 50/50 between
Century College and Saint Paul Police Department
• Extra revenue for Century College for replacing IosUdamaged Permit To Carry
Certification Training Certificates
• Extra revenue for Saint Paul Police Department for handgun rentals
January 1— July 1, 2004
23 weeks
Revenue
30 students/week = 690
690 students @ �225 =
Total Revenue
Expenses
Overtime costs for SPPD Instructors =
Range materials (targets, etc.) _
SPPD clerical �/8 FTE _
Century College Costs =
• Marketing
• Cferical Support
• Fiscal Management
Total Expenses
Total Profit
�� 55.250
$155,250
� 41,032
$ 8,400
$ 3,500
6 000
$58,532
$96,718
Split 50/50 St. Paul Police Dept. $48,359
Century College $48,359
Additional Revenue Sources:
• Extra revenue from Saint Paul Police Department Retirees will be split 50/50 between
Century College and Saint Paul Police Department
• Extra revenue for Century Coliege for replacing lost/damaged Permit To Carry
Certification Training Certificates
• Extra revenue for Saint Paul Potice Department for handgun rentals
i agree to the terms of this Memorandum of Understanding.
William K. Finney
CHIEF OF POLICE
St. Paul Police Department
Mary N1cKee
V10E PRESfDENT
Century College
Reyne Rofuth
CITY ATTORNEY
CAO/Civil Division
Date
Date
Date
03-�yo