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08-448Council File # QO'�'�1S Green Sheet # 3051712 RESOLUTION C OF 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 Dakota County Technical College to provide an Emergency Response Driving course to firefighters, s which includes an indemnification clause, as provided by the Saint Paul's Department of Fire and Safety a Services; a copy of said agreement is to be kept on file and of record in the O�ce of Financial Services io i� iz 13 14 75 16 7� 18 19 20 21 22 23 24 25 26 27 28 29 30 Adopted by Council: Date ///�i� " - /J -.—� Adoption Certified by Council Secretary: BY� .�//, s�r�lGS/l/1 Approved by r: Date �/'i l� By: Requested by Department of: Fire & Safe Services BY: � �Y(. Approva e b ' tor of Financial Services: By: � Form Approvecl,p��i tE�� ey: F � �` l � �. By: Approvel�'�-� or Submission to Council: By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �S��f�� ' FR -Fire � 3,-�.R-oB��� : Green Sheet NO: 3051712 � Contact Person & Phone: � Keith Morehead 644-9133 ' Must Be on Council Agenda by (Date): � ; Doc.Type: RESOLUTfON E-Document Required: Y Document ContaM: Jill IaCasse � Assign Number For Routing Order ConWctPhone: 228E257 ; I 7ota1 # of Signature Pages _(Clip All Locations for Signature) 0 �Sre I ] FSre i Deoarhnent Director , � 2 (,l'ty Attorney ' � 3 �Mavor's Office MavedAssistant � 4 ;Council I ' 5 City Clerk ! Citv Clerk Approval of the attached Council Resolution authorizing the Department of Fire and Safety Services to enter into an agreement with Dakota County Technical College to provide an Emergency Response Driving course to firefighters. Planning Commission CIB Committee Civil Se�ice Commission 1. Has this person/firm ever worked under a contract for this department'� Yes No 2. Has this personlfirm ever been a city employee? Yes No 3. Does this person/frm possess a skill not normally possessed by any curcent city employee? Yes No F�cplain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportuniry (Who, What, When, Where, Why): The Saint Paul Department of Fire and Safety Services Training division would like to provide an Emergency Response Driving course and Dakota County Technical College can provide the training. Advantages If Approved: The Deparhnent of Fire and Safety Services firefighters would receive Emergency Response Driving lraining. DisadvanWges If Approved: None. DisadvanWges If NotApproved: Firefighters would not be able to receive Emergency Response Driving training. Transaction: $2,550.00 Funding source: 001 - General Fund Financial Infolmation: (Exptain) CosURevenue Budgeted: y Activity Number: 05100 � ' ., �E� ��! ��� March 31, 2008 1:54 PM Page 1 D���yS 2008-2009 I Z�16 126 � I Obj. Code: I�50.00 I Vrndor N: I P.O. #: STATE OF MINNESOTA NIINNESOTA STATE COLLEGES AND UNIVERSITIES DAKOTA COUNTY TECHIVICAL COLLEGE CUSTOMIZED TRAINING INCOME CONTRACT Dakota CounTy Tecluucal College (hereafter College/University) by virtue of its delegated authority from the Bc.�3 of Tnx.tees of the D?in�esata Sta'�, Calleaes acd LTniversities) zad City of St. Paul Fire and Safet�, 16� E. 11`� Street, St. Paul MN. 55101 (hereafter "Purchaser") agree as follows: DUTIES OF TI� COLLEGE/[JNIVERSITY. The College/University agrees to provide the following: Title of Instruction/Acrivity/Service: Emergency Response Driving Date(s) of Instrucrion/Activity/Service: Mazch 29, April 5, June 6, 2008 Instructor/T'rainer/Consultant: DCTC Staff- Location: DCTC Rosemount MN. Other Provisions: II. DUTTES OF THE PURCHASER. The Purchaser agrees to provide: III. SITE OF INSTRUCTION/ACTMTY/SERVICE: Dakota County Tecturicai College shall make all of the arrangements, including any payment, for the location to be used for the Instruction/Activity/Service. IV. CONSIDERATION AND TERMS OF PAYMENT. A. Cost. $I50.00 Per Operator-17 Opemtors Totat = $2550.00 Other fees: D�-�u� Notwitl�standing the U�irty (30) day norice period established in paragraph VII, in the event that the Nachaser desires to cancel or reschedule the Instruction/Activity/Service due to low enrollment, Purchaser shall give at least 4 days notice in writing to the College/University's authorized agent to cancel or reschedule. If the Instruction/Activity/Service is canceled as provided herein, ttie College/Universiry shall be entitled to payment calculated according to paragraph VII. If the Instruc[ion/Activity/Service is rescheduled as provided herein, payment shall be according to this PazagraPh IV. B. Terms of Pavment The College/University will send an invoice for the Instrucrion/Activity/Service perFormed The Purchaser will pay within 30 days of receiving the invoice. Please send payment to: Dakota County Technical College Attn: Marsha Johnson 1300 145th Street East Rosemount, MN 55068-2999 V. AUTHORIZED AGENTS FOR THE PURPOSES OF THIS CONTRACT. A. Purchaser's authorSzed agent: Keith Moorhead - Tmining B. College/(Jniversity's authorized agent: Vice President— Shazon LaComb or Dean of C�stomized Training-Gary Aebert VI. TERM OF CONTAACT. A. Effecrive date: Mazch 29, 2008 B. End date: June 6, 2008 or until a11 obligations set forth in tltis contract have been satisfactorily fulfilled, wluchever occurs first. VII. CANCELLAITON. This contract may be canceled by the Purchaser or the College/i3niversity at any time, with or without cause, upon thirty (30) days written notice to the other party. In the event of such a cancellarion, the College/[Jniversity shall be entitled to payment, detetmined on a pro rata basis, for work or Instrucrion/Activity/Service satisfactorily performed. VIII. ASSIGNMENT. Neither the Purchaser nor the Coliege/University shall assign or transfer any rights or obligations under this contract without the prior written approval of the other party. IX. LIABILIT'P. Purchaser agees to indemnify and save and hold the College/University, iu representatives and employees hazmless from any and all claims or causes of action arising from the performance of this contract by the Purchaser or the Purchaser's agenu or employees. This clause shall not be construed to baz any legal remedies the Purchaser may have for the College/University's failure to fulfill its obligations pursuant to ihis contracx X. AMERICANS WITII DISABILITIES ACT (ADAI COMPLIANCE. The Purchaser agrees that in fulffiling the duties of this contract, the Purchaser is responsible for complying with the applicable provisions of the Americans with Disabilities Act, 42 U.S.C. Secrion 12101, et seq. and regulations promulgated pursuant to it. 1'he College/University IS NOT responsibte for issues or challenges related to compliance with the ADA beyond its own routine use of facilities, services, or other azeas covered by the ADA. XI. AMENDMENTS. Any amendmenu to this contract sha11 be in writing and shall be executed by the same parties who executed the original contract or their successors in office. a8 ��c�8 7�I. DATA PRACTTCES. The Purcbaser agees to comply with the Minnesota Data Practices Act as it applies to all data provided by the College/University in accordance with tivs contract and as it applies to all data created, gathered, generated, or acquired in accordance with tlus contract. XIII. RIGHTS IN ORIGINAL MATBRIALS. The Dakota County Technical College shall own all rights, including all intellectual property rights, in all original materials, includina any curriculum materials, inventions, reports, studies, desi�s, drawings, specificarions, notes, doc�ents, softwaze and documentafion, computer based training modules, electronically or magnerically recorded materiaLs, and other work in whatever form, developed by the College/University and its employees individually or jointly with others or any subconhactor in the performance of its obligarions mmder this contract. This provision shall not apply to the following materials: XIV. NRISDICTION AND VENUE. This coniract, and amendments and supplements thereto, shall be govemed by the laws of the State of Minnesota. Venue for all legal proceedings azising out of this contract, or breach thereof, shall be in the state or federal court with competent jurisdicHon in Ramsey County, Minnesota. XV. OTIIER PROVISIONS. (Attach additional page(s) if necessary): IN WIT'NESS WFIEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. APPROVED: 1. PURCI�ASER: PURCHASER certifies that t6e appropriate person(s) have executed the contract on behalf of PURCHASER as required by applicabte articles, by-laws, resolutions, or ordinances. By (authorized signature) Title Date By (authorized signature) � TiUe Date � MnSCU003 10/28/96 2. MINNESOTA STATE COLLEGES AND UNIVERSITIES Dakota County Teshnicat College By (authorized college/university signature) Title Date � Title CUSTOMIZED TRAILVING COORDINATOR Date ^" . �/ ..' 1� Z / fC/ �l� � �c,�,� 2.� `�z� �8 - � �l-8 �S 3os�`�( a- April 16, 2008 The purpose of this resolution is to: 1. provide authority and direction to the City's Fire Department to enter into an agreement with Dakota County Technical College to: a. provide an Emergency Response Driving Course to firefighters. Additional Information: There have been several recruit academies with numerous firefighters hired. Many of these new fuefighters have never been through this type of training before. It seems only prudent to prepare new staff with the toois needed to drive ambulances and fire rigs in emergency situations. The basic principal of the training is for accident prevention. We would be negligent if we did not train them. This agreement anticipates 17 firefighters at a cost of $150 each. Total cost of $2,550. Funds aze budgeted in the 2008 adopted Fire DeparUnent to cover a vaziety of training costs. Fire has identified the Emergency Response Driving course to be paid with the approved budget.