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.
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Requested by Department of:
Adopted by Council: Date ���j/��jJ�
Adoption Certified by Council Secretary:
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Council File # �O' �p "l
GreenSheet# 3060460
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Fire & Safe Services
BY� �—�i 1"� � 4�
Approval Re mmended by Director of Financi LServices:
By:
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Form Approv�City Att rn .
gy: �
Approved by or for Submission to Council:
By. �
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� 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
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Toql # of Signature Pages _(Clip Aii Locations for Signature)
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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
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October 10, 2008 3:02 PM Page 1
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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.
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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.
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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
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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.
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V. AUTHORIZED REPRESENTATIVES. All communications regarding the terms of this
contract shall be submi�ted to the following persons:
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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).
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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 � . �
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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
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IN WI`TNESS WHEREOF, the parties have caused this contract to be duly executed intending"to be
bound thereb}�.
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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:
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