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07-102�� CouncilFile# 07 Green Sheet # 30 � �3 �3 RESOLUTION / CIT,� OF SAINT PAUL, MINNESOTA � Presented by 1 WFIEREAS, the Department of Public Works wishes to enter into an ageement with the State of Minnesota to provide "us six 2 hours of break out sessions for a conference on team work on Tuesday, May 1, 2007 at the Holiday Inn, St. Paul East, and; 3 4 WIIEREAS, St. Paul College, a member of the Minnesota State College and University System, is willing to provide such 5 services; now, therefore be it 6 7 RFSOLVED, that the appropriate city officiais aze hereby authorized to enter into the attached agreement. Requ by Department of: 9u�c,i I•UaJ.eio1 BY= Form Approved by City Attomey gY� ` l91". (/�,(��l Adoprion Certi�fie b�y Council Secretazy Form Ap r y ay�o�r f Submiss' n to Council BY: / � / ` S By: ��a�?/ Lttil! �f�.� Approved h a7 or: Date Z O'J By: �(}-�--s� Adopted by Council: Date ��J�pz �7�T. � .�. „ Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � o �-!O� PW -rdnLowo,xs CoMact Person & Phone: Rtwnda Gillquis[ 26Cr6W0 Must Be on CAUncil Agenda by (Date); 07-FEB-07 Doc. Type: RESOLUl70N EDocument Required: Y Uocument CoMact: lyrry Michalitsch Cornae[ Phorre: 266-6065 Green Sheet NO: 3036393 0 �i�WOCk�� A � �C�� Z�Pi� 1 66cWOrks tDir¢ctor ��'J 1 Zb� 2 A �t�r 3 or's Office Ma r/Assistant 4 5 CSerk Cle[ic �-.»�-0� �► Assign Number For RouFlng Order Total # oi Signature Pages 1 (Clip All Locations for Signature) 1, 2007. of resolution for the Dapartment of Public Works to enter uato an agreement with the State of Minnesota on Tuesday, May Planning Cqmrtdssion 7, Has ihis personKrtn ever worked under a contract tor Nis depariment? CIB Committee � Yes No Ciwl Servics Commission 2. Has this person/fittn ever been a ciry employee? Yes Wo 3. Does ll�is person/firm possess a skill not normally possessed by any curtent city empbyee? Yes No Exp1aM all yes amwers on separate sheet and attach to green sheet Ini[iatirn� ProWem, fssues, Opportunity (W6o, What, When, Whese, W,hy): r' The Department of Public Works wishes to enter into this agreement with the State of Minnesota who wili provide us six houts of break out sessions for a conference on team work on Tuesday, May 1, 2007 at the Holiday Inn, St. Paul East. ' AdvaMageslfApproved: The Department of Public Works employees would gain further knowledge from these speakers at this event, which they can incorporate into theu daily work dudes. DisadvaMages H Approved: None Disadvantages H Not Approved: This training event would not occur without authorization. . .'rra�action: $3 Funding Source: Q55 Rnaneial lnformation: (Explain) CosHRevenue Budgeted: y . _- � '. 4 � ■ Aetivity Number: 12321-0219 h�'�#,�.`� . ...��3 g 2 . �. RECEtVED January 25, 2007 329 PM Page 1 IYU'�YOR�J 01��""° d7 /�� F.Y.: 2007 Cos[ Centzr: 1190L Ob�. Code: 918? Amount: $3000.00 Vendor;:: P.O. r: STATE OF NIINNESOT� rII:1TNESOTA STATE COLLEGES AL��D L�IIVERSITTES SaL1TT PALZ COLLEGE-A Community and Technical College CUSTO!VITZED TRAINING P_VCOVIE CONTRACT Saint. Paul College/CTAC (hereafter STATE) by virtue of its delegated authoriry from the Board of Tmstees of the Minnesota State Colleges and Universities) and City of Saint Paut, Department of Public �Vorks, 25 W 4� St - St Paul MN 55102 (hereafter "PtIRCHASER") agree as follows: DUTIES OF THE STATE. The STATE agrees to provide the followin�: Tifle of Instruction/Activity/Service: Three break out sessions for Conference on Team Work May 1, 2007 10:50ANI 1:OOPM and 2:OOPiVI Presenters: Lisa Jean Smith "Collaborative Partnerships" HIt �Velchlin "Hnndling Difficutt Peopie: Dealing with People you c�n't stand" Location: All Classes will be held aY the Holidly Inn, Maplewood II. DUTIES OF THE PURCHASBR. The PURCHASER agrees to provide: Information to the participants about the time, location and dates. Printed handouts for ench speaker. IiI. SITE OF INSTRUCTION/ACTIVITY/SERVICE: The STATE shall make all of the arrangements, inchiding any payment, for the location to be nsed for the Instruction/Activity/Service. N. CONSIDERATION AND TERivIS OF PAYMENT. A. Cost. $3000.00 for six hours of training provided as bre2kout sessions. Notwithstanding the T'lurty (30) day notice period established in paragraph VII, in the event that the PURCHASER desires to cancel or reschedule the Insmiction/Activi,ty/Service due to low enrollment, PURCHASER shall give at least Thirty (30) days nodce in writing to the STATE'S aufliorized agent to cancel or reschedule. If the InsfructionlActivitylService is canceled as provided herein, the STATE shall be entitled to payment calcniated according to paraJraph VII. If the Inshuchon/Activity(Service is rescheduled as provided herein, payment sha11 be according to tMs paragraph IV. B. Terms of Pavment. The STATE will send an invoice for the Instruction/ActivitylService performed. The PUR.CHASER �vill pay within Thirty (3U) days of ieceiving the invoice. Please send payment to: Saint Paul College Attn: Business OfTSce 235 Mnrshall Ave., St. Pau1, lYiN 55102 �7-10� V. ALfiHORIZED AGEtiTS FOR THE PURPOSES OF THIS CONTRACT A. PUFtCHASER'S authorized a�ent: Robert Horrisherger, Sr. B. STATE'S authorized a�ent: Craig Anderson, Vice President VI. TERiv1 OF CONTRACT. A. Effecrive date: l2ay 1, 2D07 B. End date: l�Tay 1, 2007 or nntil a11 obli�arions set forth in this confract have been satisfactorily fulfilled, �vhichever occuis fust. VII. CA�ICELLATION. This contcact may be caaceled by the PURCHASER or the STATE at any time, with or without cause, upon fliirty (30) days written notice to the other party. In the eveni of such z cancellarion, the STATE shall be entitled to payment, determined on a pro rata hasis, for work or Instntction/Activity/Service sarisfactorily performed. VIII. ASSIGNMENT. Neither the PUItCHASER nor the STATE shaIl assign or transfer any rights or obligations under tius contrlct without the prior written approval of the other party. TX. LIABiLITY. PIJRCHASER agrees to indemnify and save and hold the STATE, its representatives and employees harmless from any and a11 claims or causes of action arising from the performance of this contract by the PURCHASER or the PURCHASER'S agents or employees. This clause sha11 not be construed to bar any legal remedies the PURCHASER may have for the STATE'S failuie to fulfill its obhjations pursuant to this contracf. X. AMERICANS WITH DTSABII,ITIES ACT (ADA) COMPLIANCE. The PURCHASER agrees that in fulfilling the duries oF this contract, the PIJRCHASER is responsible for complying with the applicable provisions of the Americans with Disabllities Act, 42 U.S.C. Section 12101, et seq. and regulafions promulgated pnrsnant to it, The STATE IS NOT responsible for issues or challenges related to complilnce with the ADA beyond its own routine use of facilities, services, or other areas coveied by the ADA. XI. AMEiVDMENTS. Any amendments tq tlus contract shall be in writing and shall be execnted by the same parties who executed the original contrac. or their successors in office. XII. GOVERNMENT DATA PRACTICES ACT. The PTJI2CHASER must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as'it applies to all data provided by the 5TATE in accordance with this contract, and as it applies to all data, created, collected, received, stored, used, maintained, or dissemuiated by the PURCHASER in accordance with this contract. The civil remedies of Minnesota Statutes Section 13.03, apply to the release of the data refened to in this Article by either the PURCHASER or the STATE. Sn the event the PURCI3ASER receives a request to release the data referred to in this Aiticle, the PURCHASER must immediately norify the STATE. The STATE will give the PURCHASER inshuctions concerning the telease of the data to the requesring party before the data is released. XIII. RIGHTS IN ORIGINAL MATERIALS. The STATE shall own all rights, including all intellectual properry rights, in all original materiais, including any curriculum materials, invenrions, reports, studies, designs, drawings, specifications, notes, documents, softwaze and documentation, computer based training modules, electronically or magnetically rewrded maYerials, and other work in whatever form, developed by the College/LTniversity and its employees individually orjointly with others or any subPURCHASER in the performance of its obligations under this contract. This provision shall not apply to the following materials: XIV. JI7RISDICTION AND VElVTJE. Tlus coniract, and amendments and supplements thereto, shail be govemed by the laws of the State of Minnesota. Vemie for all legal proceedings azising out of this contract, or breach thereof, shall be in the state or federaI court with competent jurisdiction in Ramsey County, Mimiesota. .....�, 07�0� XV. OTHERPROVISIOtiS. (Attachaddirionalpa�e(s)ifnecessary): LN WTT�IESS WHEREOF, the pzrties have cavsed this contrzct to be duly executed intendin� to be bound thereby. APPROVED: 1. 17I�'YESOTA STATE COLLEGES AND [NTVERSITIES SAINT PALTL COLLEGE —A Community and Tect�nical College Cnstomized Tr�ng and Consvlting Craig Anderson Title Vice President %/ a � 2. PURCHASER: PURCFL�.SER certiYies tl�at the appropriate person(s) h2ve executed the contrnct on behalf of PURCHASER as required by applicable nrtictes, by-lnws, resolutions, or ordinances. By Title Date By Title Date „ , iJ,v � (Y - { 3