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07-1097Councif File # Presented By: Green Sheet # ��(I7 09� 3044512 ll Referred To: Committee: Date i RESOLVED, that the proper City officials are hereby authorized and directed to execute an agreement z with Hennepin Technical College to provide credit based fire protection courses to firefighters and the new s recruitment class of firefighters, which includes an indemnification clause, as provided by the Saint Paul a Fire Department; a copy of said agreement is to be kept on file and of record in the Office of Financial a Services. s � a Requested by Department of: Adopted by Council: Date ��j�%�jC�C�J Adoption Certified by Council Secretary: � /��� L3� RESOLUTION CITY, O�y SAINT PAUL, MINNESOTA c�:3., - -� - . � �►���, �... , - .y �-�,,-.. ..:. . . 7! ��` � . ...�.� . - Form pro ed by City Attorn : B Approved b ayo for ubmis 'vi Counc' : By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � p�')-1097 ' DepartmenNofficelwuncil: : Date InNiated: : � FR - Fve ', Z�sEP-o� ! Green Sheet NO: 3044512 Gonpd Person & Phone: � . Depar6nent Sent To Person InitiallDate ; Keltli Morehead � , 0 Fre I ', 644-9133 V pssign � 1 � ire � Deoarhnen[IY"uector ! �, Must Be on Council Agenda by (Date): i Number � 2 Cih. Anoroev �� � � I Fof ' Routing 3 �Iayar's Office ' Mavor/ASSisiant � �: Doa Type: RESOLUTION ' Order , q �onncii � i � ! ' � ' S City derk I Ory Clerk -� � I E-DOCUment Requiled: Y i � ; � DocumentConWct: JiIllaCasse I I I ConWct Phone: 228-6257 Total # of Signature Pages _(Clip All Locations for Signature) � AC[ion Requestetl: Approval of ffie attached Council Reso]ution authorizing the Saint Paul F'ue Depariment to enter into an agreement with Hennepin �,, Technical College to provide credit based fire protection courses for firefighters and new recruit fuefighters. iaanons: Hpprove (ry or rc Planning Commission CIB Committee Ciwl Service Commission 1. Has this person(firm ever worked under a contract for fhis deparUnent? Yes No 2 Has this person/frtn ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, lssues, OppoKunity (Whn, What, When, Where, Why): The Saint Paul F�re Department needs to provide ongoing training to the firefighters and training for the new recmit firefighters and Hennepin Technical College can provide the training. Advantages If Approved: The Saint Paul Fire Department firefighters would receive haining on fire pLOtection based courses. ��� i � ���� Disadvantages If Approved: None. Disadvan Wges If Nat Approved: The Saint Pau1 Fire Depariment would not be able to provide fire protection based courses for the firefig]�ters or new recruit firefighters. 7ransaction: $25,50Q.00 Fundiny Source: Q01 - General Eund Fina�cia4lnformation: (Explain) CostlRevenue Budgeted: Y Activity Number: 05100 � �¢�,"�{(;.� i.ru''�`�r �`!J�1f Nov o � �4� October 17, 2007 1:18 PM Page 1 STATE OF MINNESOTA MINNESOTA STATE COLLEGES AND UNIVERSITIES Q���O�7 HENNEPIN TECHNICAL COLLEGE CUSTOMIZED TRAINING CONTRACT THIS CONTRACT is between Hennepin Technical College (hereinafter COLLEGE), located at 11187 Excelsior Boulevazd, Hopkins, Minnesota 55343 acting by virtue of its delegated authority from the Boazd of Trustees of the Minnesota State Colleges and Universities, and City of Saint Paul, tt�rough its Fire Department, Attn: Bob Morrison, the current Fire Chief, or designee (hereinafter CLIENT), located at 100 East l lth Street, St Paul, MN 55101. I. COLLEGE'S DUTIES. The COLLEGE agrees to provide the following: A. Title ofInstruction: Credit Based Fire Protection courses as requested by the CLIENT. College will incorporate appropriate Fire Deparhnent Standard Operating Procedures into each course delivered. The prescribed classes will be: 1. FRPT 1161 Building Conshuction for Fire Services - 3 credits 2. FRPT 1130 Fire Inspector Basic - 3 credits 3. FRPT 1175 Haz-Mat -First Responder Operational - 3 credits 4. FRPT ll25 Fire Investigation Basic - 2 credits 5. FRPT ll 15 Company Functions - 3 credits (NFA MCTO Series) 6. FRPT 1110 Fire Instructor Basic - 2 credits 7. FRPT 1165 Apparatus Operator - 3 credits 8. FRPT 1180 Hazardous Materials Technician - 3 credits 9. FRPT 1120 Line Officer Basic - 2 credits B. Date(s) ofTnstruction: Dates of all scheduled courses to be determined mutually by COLLEGE and CLIENT. C. Name of Insriuctor: To be Determined, CLIENT has exclusive right to interview and choose the COLLEGE instructor of their choice for each course. D. Location: Saint Paul Fire Department Training Facility with a COLLEGE facility as a backup. E. Attendees 67�/�97 All courses will meet the apprenticeship agreement, Attached as Exhibit A, and will be delivered exclusively for Saint Paul Fire Deparhnent employees. Courses with a class size of twenty-five students or smaller will be open to other fire deparhnent personnel. Students from agencies other than St. Paul Fire will pay a fee in the amount of fifty dollars ($50.00) to the CLIENT for every course, to cover the use of the CLIENT's facility and fire appazatus. Class size will not exceed thiriy (30) when made available to other depariment personnel. 2. If the CLIENT cancels any course, at any time, pursuant to Section IV ar Section VII, the COLLEGE is solely responsible to any non-CLIENT students, who are enrolled in courses made possible under this Agreement, for the continuarion of those courses. The CLIENT shall beaz no responsibility to the non-CLIENT students or the COLLEGE for the costs, continuation, reimbursement of those canceled courses. The CLIENT has no relationship with the non-CLIENT students other than to allow those students, with signed waivers, access to the CLIENT's facilities and fire apparatus, as used by the COLLEGE, when the COLLEGE is providing services to the CLIENT, under this contract. 3. Waver of Liability: Students employed by fire departments, other than the CLIENT's, must sign a waiver of liability for the CLIENT, at the first class. Students refusing to execute an approved waiver shall be denied admission to any CLIENT facilities ar the use of any CLIENT fire apparatus. See IX. F. COLLEGE will collect registration forms and release of information forms from each student. G. COLLEGE will conduct participant evaluations at the completion of each course and provide the results to the CLIENT. H. COLLEGE will provide, as needed, a backup COLLEGE facility or the UAW{FordlMnSCU training center to the Saint Paul Fire Deparhnent Training Facility and back-up fire apparatus. I. Cost for CLIENT's employees. The cost for the FRPT ll 65 Apparatus Operator course for each individual will be one-hundred and fifty dollars ($150.00) per credit, minus five dollars ($5.00), for a total cost of one-hundred and forty-five dollars ($145.00) per credit. The cost for each individual credit, per student, is being reduced at a rate of five dollars ($5.00), as payment for the COLLEGE's use of the CLIENT's fire apparatus. The fire apparatus is limited to fire engine and ladder truck; hydranUwater supply; audio visual equipment; and copy machine. The cost for all other courses for each individual will be one-hundred and fifty dollars ($150.00) per credit. v�-�o 9� 3. Maximum cost under this Agreement is $49,999.00. J. COLLEGE will grant college credit for Fire Protection courses to individuals who successfully complete courses as part of a St. Paul Fire Department Recruit Academy. The process will involve application to the college and registration for the course(s). 1. COLLEGE will charge and collect a one time college application fee in the amount of twenty dollars ($20.00) from fire recruits of CLIENT if they desire to receive college credit for courses taught in the fire academy. 2. COLLEGE will bill CLIENT a twenty-five dollaz ($25.00) registrationlprocessing fee for each individual emolled in the following courses during the recnxit academy: a. Fire Fighter I $25.00 b. Fire Fighter II $25.00 a HAZMAT Operational $25.00 f. HAZMAT Technician $25.00 3. COLLEGE will process the applicaUon and registration and maintain an academic transcript for each individual. 4. COLLEGE will awazd appropriate college credit far courses successfully completed 5. College will provide onsite credit based instruction for the St Paul Fire Department recruit academy. Recruit academy courses aze: a Firefighter I- five credits b. Firefighter II- 2 credits a HazMat Operational - 3 credits Cost for all recruit academy courses are $150.00 per credit. 6. College will provide one instructar throughout the durarion of the academy for classroom and hands-on inshucrion. 7. College will provide additional inshuctors to assist with the hands-on skills sessions of the recruit academy at the request of the CLIENT. Cost for the hands-on sldlls inshuctors is $50.00 per hour far each inshuctor required. II. CLIENT'S DUTIES. The CLIENT agrees to provide the following: A. Roster of participants. 12 students - minimum - per class. U7�/09� B. Saint Paul Fire Department Training Facility with the understanding that the COLLEGE will provide a COLLEGE facility or the UAW/Ford/MnSCU training center as backup. C. The CLIENT will provide fire equipment or fire appazatus as needed for FRPT 1165 Apparatus Operator when the course is held at the Saint Paul Fire Department Training Facility. 'The fire apparatus is limited to: fire engine and ladder truck; hydranUwater supply; audio visual equipment; and copy machine. The COLLEGE will provide backup fire apparatus for the course, if at any given time, a course is held at a COLLEGE facility or the UAWJFordJNInSCU training center as backup. D. Make all contacts for training and services through the COLLEGE and will not employ the presenteriinstructor directly for additional sessions of the COLLEGE curriculum. E. The CLIENT wili collect a fee in the amount of fifty dollars ($50.00) from students representing fires departments other than St. Paul on the first day of class. See I-E. F. The CLIENT will provide personnel to collect waivers of liability for the CLIENT from the non-CLIENT students on the first day of class. No non-CLIENT student will be allowed admission to any CLIENT facilities or use of any CLIENT fire apparatus without a fifty dollar ($50.00) fee and signed waiver to the CLIENT. III. SITE OF INSTRUCTION. �Y���le:� N. CONSIDERATION AND TERMS OF PAYMENT A. The CLIENT'S consideration in this Agreement is the security of acquiring an agreement in which an accredited college, the COLLEGE, is to provide St. Paul Fire and Safety Services Department's employees with necessary credit based Fire Protection courses. B. Students can purchase books from the COLLEGE or the Fire Instructors Association of Minnesota. C. Notwithstanding the thirty (30) day notice period established in paragraph VII, in the event that the CLIENT desires to cancel or reschedule the instruction due to low enrollment, CLIENT shall give at least five (5) days notice in writing to the COLLEGE'S authorized agent to cancel or reschedule. If the instruction is canceled as provided herein, the COLLEGE shall be entitled to payment calculated according to paragraph VII. If the instruction is rescheduled as provided herein, payment shall be according to this paragraph IV. D. Terms of payment. The COLLEGE will submit an invoice for the instruction/service performed. The CLIENT will pay within thirty (30) days of receiving the invoice. Please submit payment to: Aennepin Technical College, Attn: Business Office, 9000 Brooklyn Blvd, Brooklyn Park MN 55445. E. Costs. The CLIENT will pay the course charges for their employees. The costs for each course credit are one-hundred and fifty dollars ($150.00), with the exception of FRPT 1165 Apparahxs Operator as described in Section I. ��?�/09� F. The COLLEGE will use the CLIENT's Saint Paul Fire Department Training Facility, for training at the request of the CLIENT, as a convenience for the CLIENT's employees, with the understanding that the COLLEGE will provide a COLLEGE facility or the UAW/Ford/MriSCU training center, as backup. V. AUTHORIZED REPRESBNTATIVES. All communications regarding the terms of this contract shall be submitted to the following persons: A. COLLEGE CONTACT PERSON/BILLING ADDRESS Name: Jon N. Olson Title: Manager, Fire/EMS/Safety Training Phone: (952) 995-1312 Fax: (952) 550-7272 E-Mail: Jon.Olson@hennepintech.edu B. CLIENT CONTACT PERSONBILLING ADDRESS: Name: John Swanson Title: Accounting Administration Address: 100 E llth St, St Paul, MN 55101 Phone: (651) 228-625b FaY: (651) 228-6255 E-Mail: john.swanson@ci.stpaul.mn.us VI. TERM OF CONTRACT. A. Effective Date: September 1, 2007 B. End Date: June 30, 2008, or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. VII. CANCELLATION. A. This contract may be canceled by the COLLEGE ar the CLIENT at any time, with or without cause, upon thirty (30) days written notice fo the other party. In the event of such a cancellation, the C�LLEGE shall be entitled to payment, determined on a pro rata basis, for work or instruction satisfactoril� performed for the CLIENT under this contract. B. Also, in the event of cancellation, the CLIENT shall have no liability to the non-CLIENT students for residual portions of any courses canceled; that responsibility belongs solely to the COLLEGE. VIII. ASSIGNMENT. Neither the CLIENT nor the COLLEGE shall assign or transfer any rights or obligations under this contract without the prior written approval of the other pariy. IX. LIABILITY. COLLEGE and the CLIENT agree that each will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the U �?�/49� inventions, reports, studies, designs, drawings, specifications, notes, documents, soflware and documentation, computer based training modules, electronically or magnetically recorded materials, and other work in whatever form, developed by the COLLEGE and its employees individually or jointly with others or any sub CLIENT in the performance of its obligations under this contract. This provision shall not apply to materials provided by the CLIENT for which the CLIENT has ownership of. XIV. JLJRISDICTION AND VENiTE. This contract, and amendments and supplements thereto, shall be govemed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this contract, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. XV. OTHER PROVISIONS. (AtYach additional page(s) ifnecessary): N/A 07�1097 IN VJITNESS WT the parties have caused this contract to be duly executed intending to be bound thereby. APPROVED: HENNEPIN TECf3NICAL COLLEGE By: (Signature of person authorized to sign on behalf of COLLEGE) Title: Dean of Customized Training Services Date: ST. PAUL FIRE DEPARTMENT CLIENT certifies that the appropriate person(s) have executed this contract on behalf of the CLIENT as required by applicable articles, by-laws, resolutions or ordinances. � Title: Chie£ Saint. Paul Fire Depariment Date: By: Title: Saint Paul Citv Attornev Date: By: Title: Mavor Date: By: Title: Director of Office of Financial Services Date: �