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08-1183RESOLUTION SAINT PAUL, MINNESOTA Presented By: Referred To: Committee: Date i RESOLVED, that the proper City o�cials are hereby authorized and directed to execute an agreement z with Hennepin Technicai Coilege 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 O�ce of Financial e Services. s � s Requested by Department of: Adopted by Council: Date ���j/��jJ� Adoption Certified by Council Secretary: � �.. � Council File # �O' �p "l GreenSheet# 3060460 �� Fire & Safe Services BY� �—�i 1"� � 4� Approval Re mmended by Director of Financi LServices: By: � Form Approv�City Att rn . gy: � Approved by or for Submission to Council: By. � � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � b8 - I/83 ' Departmentl�celCOUncil: ' Date lnitiated: ; FR _Fire ' o�a�T-a$ � Green Sheet NO: 3Q60460 Contact Person 8 Phone: Keith Morehead 644-9133 Must Be on Council Age�da by (�ate): �,, 6oc. Type: RESOlUTION E-DOCUment Required: Y Document Contact: ���� LaCasse Contact Phone: 228-6257 � Assign Number For Routing Order Toql # of Signature Pages _(Clip Aii Locations for Signature) 0 l Z 3 4 5 6 � Approval of the attached Council Resolution authorizing the Saint Paul Fire Department to enter into an agreement with Hennepin Technical College to provide credit based fire protection courses for fitefighters. Recommentlations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 'I. Has ihis person/firm everworked under a contract forthis department? Yes No 2. Has this personlfirm ever been a ciry employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any curcent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The Saint Paul Fire Departrnent needs to provide ongoing training to the firefighters and Hennepin Technical College can provide the training. Advantages If Approved: The Saint Paul Fire Department firefighters would received training for fire protection based courses. Disadvantages If Approved: None_ Disadvantages If Not Approved: The Saint Paul Fire Department would not be able to provide fue protection based covrses for the fuefighters. rotal qmount of $49,999.00 Transactio�: Funding source: 001 - General Fund Financial Infortnation: (Explain) CosURevenue Budgeted: Y Activity Number: 05100 -��'-?�-m����E OC� 1 � �Q�� �' 4 :�''������ -: �a m October 10, 2008 3:02 PM Page 1 08 -ll�� � ii��i�, ''��� HennepinTechnica/ corte Customized Training Services STATE OF N1INI�TESOTA MINATESOTA STATE COLLEGES ANll UNIVERSITIES HENNEPIN TECHNICAL COLLEGE CUSTOMIZED'TRAINING CONTRACT Contract # 09124 THIS CONTRACT is between Hennepin Technical College (here.inafter COLLEGE), located at 13100 College View Drive, Eden Prairie, MN 55347 acting by virlue of its delegated authority from the Board of Trustees of the Minnesota State Colleges and Universities, and City of Saint Paul, through its Fire Department, Attn: Timothy Butler, the current Fire Chief, or designee (hereinafter CLIENT), located at 100 East llth Street, St Paul, MN 55101. I. COLLEGE'S DUTIES. The COLLEGE agrees to provide the following: A. Title of Instruction: Credit Based Fire Protection courses as requested by the CLIENT. College will incorporate appropriate Fire Department Standazd Operating Procedures into each course delivered. The prescribed classes will be: 1. FRPT 1161 Building Construcfio� for Fire 5ervices - 3 credits 2. FRPT 1136 Fire Inspector Basic - 2 credits 3. FRPT 1175 Haz-Mat -First Responder Operational - 3 credits 4. FRPT 1125 Fire Investigation Basic - 2 credits 5. FRPT 1115 Company Functions - 2 credits b. FRPT i 110 Fire Ins�uctor Basic - 2 credits 7. FRPT 1165 Appazatus Operator - 3 credits 8. FRPT 1180 Hazazdous Materials Technician - 3 credits 9. FRPT 1120 Line Officer Basic - 2 credits B. Date(s) of Instruction: Dates of all scheduled courses to be detemiined mutually by COLLEGE and CLTENT. G Name of Inshuctor: To be Determined, CLIE�I'T has exclusive right to interview and choose the COLLEGE instructor of their choice for each course. D_ L,oeation: Saint Paul Fire Department Training Facility witha COLLEGE facility as a backup. Our Training p Means Business�' Bennepin7echnitalC011egeisanaJfirnuetirl��� q�opP�nityedurawrandemploy¢r. (��11� E. Attendees ' 1. All courses will meet the apprenticeship agreement, Attached as Exhibit A, and will be delivered exclusively for Saint Paul Fire Department employees. Courses with a class size oftwenty-five shidents or smaller will be open to other fire depar[�nent personnel. Students from agencies other than St. Paul Fire will pay a fee in the amount of fifty dollazs ($50.00) fo the CLIENT for every course, to cover fhe use of the CLIENT'S faeility and fire appazatus. Class size will not exceed tturry" (30) wfien made available to other department personnel. 2. ff the CLIENT canceis any course, at any time, pursuant to Secfion IV or Secrion VII, the COLLEGE is solely responsible to any non-CLIENT students, who aze enrolled in caurses made possible undar this Agreement, for the continuaxion of those courses. The CLIENf shall beaz no responsibility to non-CLIENT students or the COLLEGE for the costs, continuation, reimbursement of those canceled couzses. The CLFENT has no relationship with the non-CLIENT students other than to a11ow those students, with signed waivers, access'to the CLIENT'S faciliries and fire apparatus, as used by the COLLEGE, when the COLLEGE is prodiding services to the CLIENT, under this coniract. 3. Waver of Liability: � � Students employed by-fire departments other than the CLIEN`I"S, must sign a waiver of liability for the CLIENT, �at the first class. Students,refusing to execute an �� ap�iroved waiper shall be denied a'dnv.ssion to any CLIBNT facilities or the use of � any CLIENT fire appazatus. See iX. F. COLLEGE will collecf regASk�atian forms and reSease of infox�nation £ornis from each student._ G. COLLEGE will conducf participant evaluarions at the completion of each course and, provide ttte results to. the CLIENT. � H. COLLEGE will provide,-as needed, abackup COLLEGE faciliry or the UAW�'Ford/MnS�U training center to the Saint Paul Fire Depaztment Training racility and back-up fire appazatus. - I. Cost for CLIENT'S employees. 1. The cost £or the FRPT 1165 Apparatus Operatot course €or each individual will be one-hundred and frfty-five dollars ($155.00) per credit, minus five dollar� ($5.00), Por a total cost of one-hundred and fi£ry dollazs ($150A0) per credit. The cost for each individual credit, per student, is being reduced at a rate of frve dollazs ($5.00), as payment for the COLLEGE'S_use of the CLIEI�FT'S fize apparatus. The fire apparatus is 1'vnifed fo �xre engine and ladder huck; hydranUwater supply; audio visual, equipment; and copy machine. 2. The cost for all other courses for each individuai will be one hundred and fifty-five dollars ($155.00) per credif. 3. M�imum cost under this Agreement is �49,999.00. Page 2 of 7 os -1I�3 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. T`ne process will involve application to the college and regish for the course(s). 1. COLLEGE will charge and coliect a one time college application fee in the amount oftwenty dollars (�20.00) from fire zecmits of CLIENT if they desire to receive coIlege credit for coiuses taught in the fire academy. 2. COLLEGE wi�ll bill CLIENT a twenty-five dollars ($25.00) regisiration/processing fee for each individual enrolled in the following courses during the recnlit academy: a, Fire Fighter I $25.00 b. Fn Fighter II $25.00 a HAZMi�T Operational $25.00 f. HAZMAT Technician $25.00 3. COLLEGE will process the application and regislration and maintain an academic transcript for each individual. 4. COLLBGE will award.appropriate college credit for courses suecessfully completed 5. COLLEGE wi1T provide onsite eredit based instniction for tfie St Paul Fire Depariment recniit academy. Recnxit academy courses aze: a. Firefighter I— five credits b. Firefighter II— 2 credits a HazMat Operational — 3 credits Cost for all recruit academy courses aze one hundred and fifty-five dollazs {$155.00) per credit. 6, College will provide one instructor throughout *1ie duraYion of the academy for classroom and hands-on instruction. 7. College wiil provide additional instru.,^tors to assis# with the hands-on slalls sessions of the recruit academy at the request of the �LIENT. Cost for the hands-on sldlls instractors is $56.00 per hour far each instructor required. " II. CLIENT'3 DUTIES. The C3,IENT agrees to provide the following: A. Roster of participants. 12 students B minimum - per class. B. Saint Pau] Fire Depaxtment Trainin� Facility with the understanding that the COLLEGE will provide a COLLEGE facility or the UAW/Fard/1�QnSCU training center as backup: C. T`he CLIENT will provide fire equipment or fire apparatus as needed for FRPT 1165 Appazatus Operator when the course is held at the Saint Paul Fire Depariment Training Page 3 of 7 o8-tlg3 Facility. The fire appazatus is limited to: fire engine and ladder truck; hydranYlwater 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 UAW/Ford/MnSCU training center as backup. D. Make ali contacts for training and services through the COLLEGE and will not employ the presenter/instructor directly for additional sessions of the COLLEGE curriculum. E. The CLIENT will collect a fee in the amount of fifty dollazs ($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 stddents on the first day of class. No non-CLIENT student will be allowed admission to any CLIENT facilities or use of any CLIENT Sre apparatus without a fifly dollaz ($50.00) fee and signed waiver to the CLIENT. III. SITE OF INSTRUCTION. SeeIandII-B. IV. CONSIDERATION AND TERMS OF PAYMENT A. The CLIENT"S consideration in this Agreement is the security of acquiring-an agreement in which an.accredifed college, the.COLLEGE, is io provide St: Paul Fire and Safaty Services Department's emp'loyees with necessary credit based Fire Protection courses. � B. Studanfs can purchase books from the GOLLEGE oz the F�re Instructors Associarion of Ivliiuiesota. � , _ � � C. I� the thirty (30} day norice period establishecl-iri pazagraph VII� in the edent that<the CLIENT desires to' cancel or,reschedule the instruction due fo 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 COLLfiGE shall be entitled to payment calculated according to paragraph VII. If the instruction is rescheduled as provided herein, payment shall be according to this pazagraph IV. � D. Terms of payment. The COLLEGE will submit an invoice for the instruction/service � performed. The CLIENT will pay within thirty (30) dags of recei�ing the invoiLe. Please submit payment t4: Aennepin Technical College, Attn: Business Office, 9000 Brooklyn Blvd, Brooklyn Pazk MN 55445. .� E. Costs. The CL.IENT rvi11 pay the course charges for their employees. The costs for each course credit are one-hundred and fifty-five dollars ($155.00), with the excepfion of FRPT 1163 Appazatus Operator as described in Secrion I. F. The COLLEGE wilY use the CLIENT'S Saint Papl Fire Deparhnent 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/FordJMnSCiJ training center, as backup. � V. AUTHORIZED REPRESENTATIVES. All communications regarding the terms of this contract shall be submi�ted to the following persons: Page 4 of 7 �-//�3 A. COLLEGE CONTACT PERSOI�TBILLI�TG ADDRESS Name: Jon N. Olson Tifle: Manager, Fire/EMS/Safety Training Phone: (952) 995-1312 F�: (952) 995-1331 E-Mail: Jon.Olson@hennepintech.edu B. CLIENT CONTACT PERSONBILLING ADDRESS: Name: John.Swanson Tide: Accounting Adminisfration Address: 100 E l lth St, St Paul, MN 5�101 phone: (651) 228-6256 FaY: (651) 228-6255 E-Mail: john.swanson@ci.stpauLmn.us VI. TERM OF CONTRACT. A. �ff.ective Date: , September 23, 2008 B. End Date: June 30, 2009, or until a11 obligations set forth in tHis contract have been satisfactorily fulfilled, whichever occurs first. � VII. CANCELLATION. A. TYiis contract may be canceled by the COLLEGE or the CLIENT at any time, with or without cause, upon thirty (30) days written notice to the other party. In the event of such a-can,cellafian,.the COLLEGE shall be fo payment,-detemuned on a pro. rata-basis,-for �pork oranstruction,satasfactorily, perfo;med for the Ci;IENT under This .- :. � � � � coritracY : . .. . .. . : . . ... . � ; � . � � : . B. Also�-in the event of cancellafion, the CLIEN�' "shall have no liability to, the nori= CL3ENT stadents for residual �ortions of aziy courses:canceled; that respansibility belongs solely to the GOLLEGE. -� � VIII., ASSIGNMENT. Neither the CLIENT nor the COLLEGE shall as"sign or transfer any rights or obligarions under this coniract without the-prior written approval of the other .., P�3'• IX. LIABILITX. COLLEGE and the CLIENT a�ee ttiat each wili be responsible for its own acts and the results thereof to the extent authorized by law and sfiall not be resgonsible for the acts of the othez parly and the results thereof Tlie liabilify of the GOLLEGE shall be goyerned by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Secrion 3.732 and 3.'736 et seq., and otYaer appl� law. The liability of the CLIENT shall be goderned by the prodision of Minnesota Torts Clai�s Act; Minriesota Statutes Chapter 466, et seq: and other applicable law. " If materials are being provided to the COLLEGE by the CLIENT, the CLIENT agrees to be responsible for and indemnify and defend, with the approval of the Attomey General's Office, COLLEGE against any claims alleging that the materials providerl by the CLIENT infringe on any third party's�United States ancl/or intemational patent(s), copyright(sj, tradematk(s), trade name(s�, servicemazk(s) and servicename(s) or tzade secret(s). Page 5 of 7 v8- �i�3 For materials provided to the CLIENT by the COLLEGE, the COLLEGE agrees to be responsible for and indemnify and defend, with the approval of the Saint Paul City Attorimey Office, CL,IENT against any claims alleging that the materials providecl by the COLLEGE infiinge on any third party's United Sta*es and/or iatemational patent(s), copyright(s), trademazk(s), trade nazne(s), servicemazk(s) and servicename(s) or izade secret(s). X. AMERICANS WTT`H DISABILITIES ACT (ADA1 COMPLIANCE. The CLIENT agrees that in fulfilling the duties of this contract, the CLIENT is responsible for complying with the applicable provisions of the Americans with Disabilities Act, 42 U.S,C. 5ection 12101, et seq. and regulations promulgated pursuant to it. The COLLfiGE IS NOT responsible for issues or chatlenges related to compliance with the ADA beyond its own routine use of facilities, services or other areas covered by the ADA. XI. AMENDMENTS. Any amendznent or supplement to this contract shall be in writing and shall be executed by the same parties who exe�uted the original contract or their successors in office. XII. GOVERNMENT DATA PRACTICES ACT. The CLIENT must comply with the Minnesota Govenunent Data,Practices Act, Minnesota Statufes Chapter 13, as it applies to a11 data provided by the COLLEGE in accordance with this contract, and as it applies to all data, created, collected, received stored, used, maintained, or disseminated by the CLIENT in accordance �rith this .contract. The civii remedies of Minnesota Statutes Secfion 13.08 apply to the release bf the data refetred io in.this Aitic�e �y either fihe CLIEI�'I' oz �e COT,LBC'iE. F � . � , In the event the CI,IENT receives a request to release the data referred to iri this Article, the CLIENT �ust immediately notify fhe COLLEGE. The CLIENT will abide by the �� 1VIinnesota Goveiument Data Practices Acf in the release of any data. XIII. RIGHTS IN OIZIGINAL MA"I`ERIAL,S. The.COLLEGE shall own all rights, including a11 uitellectual property rights, in all originai materials, including any curriculum maferials, inventions, ieports, studies, designs, drawings, specifioations, notes, documents, softv✓are and documenfation, computer based training modules, electronicaily or magnetically recorded materials, and other work in whatevz: fom1, developed by the COLLfiGE and its einployees individually or jointly with others or any sub CLIENT in the gerformance 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. NRISDTCTION AND VENUE. This contract, and amendments and supplements thereto, shall be governed by the laws of the State of 1VIinnesota 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.. (Attach additional page(s) if necessary): N/A Page 6 of 7 � . ..'r .. oK>llg3 IN WI`TNESS WHEREOF, the parties have caused this contract to be duly executed intending"to be bound thereb}�. ....• � I� of person authorized to si on behalf of COLLEGEJ Tifle: Business Mana�er Date: ��/c��� ST. PAUL FIRE DEPARTMENT CLIENT certifies that the appropriate person(s) have executed this contraet on behalf af the CLIENT as required by applicable articles, by-laws, resolu6ons or ordinances. _ . . By: _ gY: " TitTe: Chie€, Saint. Pau1 Fire Department Titte: Mavor Date: sy: COLLEGE Tifle: Saint Paul Gitv Attorney Date: Date: By: T�fle: Duecfor af-Offiae of Finaneial Services Date: Page 7 of 7