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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. 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 Adopted by Council: Date: /����s� /3. �od� � 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 u oerart'rrnENrwxECra� ^ �/�� ucrtrrnu,ua� � �� ( / / J / �{� �)�� � L KfiYAi�OPNEY ❑CIiYCLENK 'y` �_' _���� L.�� ❑i91NK1AL SERVICES DI0. _ � .i �wwYOR(ORASSISTFNT) L.�J �L SERYfACCTG f�..� RIGMTS (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 03 -'J �10 0 0 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. 0 � 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 03 - �'�f� 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