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08-668Council File # Presented By: Referred To: Green Sheet #1 RESOLUTION CI��I�AUL, MINNESOTA � Committee: Date l8� La 10� 3053833 (� , RESOLVED, that the Qroper 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 Office of Financial Services io iz 13 14 15 16 t7 18 19 ?A 27 22 23 24 25 26 27 28 29 30 Adopted by Council: Date � Adoption Certified by Council Secretary: gY� _ �� f/,!/� ��c/�Sor� Approved by o : Date � � By: k�.�il.O�Y/� Requested by Department of: Fire & Safe Services By: �.,.% 71'r• Approval Recommended by Director of Financial Services: By: �o � 15�� '.u�y.r � Form Approved b ttor, y: By: /'" i! � j� '- - 7 Approv by M yo for Su 's ' to Councii: By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � o�-l��S DepartmenUoffice/councii: � Date Inftiated: �� FR - Fire 'ISMAY-08 Green Sheet NO: 3053833 � Contact Person ffi Phone: ; �� Department Serrt To Person Initial/Date , ! Keith Morehead �, � , 0 Bire ' � � 644-9�33 '�, puign 1 �FSre DepartmentD'uector '� � , : Must Be on Councii Agenda by (Date): ; Number j Z G�ry Attornev ' ' For � Routing , 3 ivancialServices �; ' Doa Type: RESOLUTION '��� Order , , '� ' 4 vor's Office MaYOr/ASSisfant I i 5 Comcil � i i E-DOCUment Required: Y ' , Document Contact: Jill LaCasse . , 6 iry Clerk I Ciry Clerk Contact Phone: 228-6257 TotaV # of Signature Pages _(Clip All Locations for Signature) Approval of the attached Council Resolution authodzing the Deparlment of Fue and Safety Services to enter into an agreement with Dakota County Technical College to provide an Emergency Response Driving course to firefighters. Plannin9 Commission CIB Committee Civil Service Commission 1. Has this person�rm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Dces this personlfirm possess a skilf not normalVy possessetl by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet I�itiati�g Problem, lssues, �pportunify (Who, What, When, Where, Why): � The Saint Paul Department of Fue and Safety Services Training division would like to provide an Emergency Response Driving course and Dakota Counry Technical College can provide the training. Advantages If Approved: The Depaztment of Fire and Safety Services firefighters would receive Emergency Response Ddving tcaining. Disadvantages If Approved: None. Disadvantages If Not Approved: Firefighters would not be able to receive Emergency Response Driving haining. ai iamounc or $2 400.00 Transaction: Funaing source: 001 - General Fund Financial Informatian: (F�cplain) CosURevenue Budgeted: Y Activity Number: 05100 � ._ _ ,�' .-��4� �{�i ' fel'19/ ATT9i� --- � a s �,a � �.RIVE1� May 75, 2008 2:31 PM Page 1 I� ' ' � 2008-2009 I 6 6 tei: � Ub7. �'06e' f g q2 00.00 STATE OF MINNESOTA MINNESOTA STATE COLLEGES AND UNIVERSITIES DAKOTA COUNTY TECFINICAL COLLEGE CUSTOMIZED TRAINING INCOME CONTRACT Dakota Counry Technical College (hereafter College/University) by virtue of iu delegated authoriry from the Boazd of Trustees of the Minnesota State Colleges and Universities) and City of St. Paul F've and Safety, 100 E. 1 i'� St. St. Paul MN. 55101 (hereafter "Purchaser") agree as follows: DUTIES OF THE COLLEGE/CJNIVERSITY. The College/University agrees to provide the following: Title of Instruction/Activity/Service: Emergency Response Driving Date(s) of Insuvction(ActivityfService: June 13, 2008 — From 8:OOam to 3:OOpm Instructor/Trainer/Consultant: DCTC Staff- Location: DCTC Rosemount MN. Other Provisions: II. DUTIES OF THE PURCHASER. The Purchaser agrees to provide: III. SITE OF INSTRUCTION/ACTNITY/SERVICE: Dakota Commty Technical College shall make all of the arrangements, including any payment, for the location to be used for the Instrucrion/AcGvity/Service. N. CONSIDERATION AND TERMS OF PAYMENT. A. Cost. $150.00 Per Operator / 16 Operators Total. $2400.00 Other fees: i / �� ! � • Nocwitkistanding the thirty (30) day notice period established in pazagraph VII, in the event that the Purchaser desires to cancel or reschedule the Instruction/Acrivity/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 tl�e Insh�uctionlActivitylService is canceled as provided herein, the College/University shall be enritled to payment calculated according to pazagraph VII. If the Instruction/Activity/Service is rescheduled as provided herein, payment shail be according to this paragraph N. B. Terms of Pavment. The College/University will send an invoice for the Insiruction/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 authorized agent: Keith Moorhead / Jay Monoque B. College/Universiry's authorized agent: Vice President — Sharon I,aComb or Dean of Customized Training-Gary Hebert VI. TERM OF CONTRACT. A. Effective date: 7une 13, 2008 B. End date: June 13, 2008 or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. VII. CANCELLATION. This contract may be canceled by the Purchaser or the College/University at any time, with or without cause, upon thirty (30) days written notice to the other pariy. In the event of such a cancellation, the College/University shall be enritled to payment, determined on a pro rata basis, For work or Instruction/Acrivity/Service satisfactorily perfortned. VIII. ASSIGNMENT. Neither the Purchaser nor the College/Universiry shall assign or transfer any rights or obligations under this contract without the prior written approval of the other par[y. IX. LIABILITY. Purchaser agrees to indetnnify and save and hold the College/University, its representa6ves and employees harmless 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 conslrued to baz any legal remedies the Purchaser may have for the College/University's failure to fulfill iu obligations pursuant to this contract. X. AMERICANS WITH DISABJLITIES ACT (ADA1 COMPLIANCE. The Purchaser agrees that in fulfilling the du6es of this contract, the Purchaser is responsible for complying with the applicable provisions of the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq, and regulations promulgated pursuant to it. The College/University IS NOT responsible for issues or challenges related to compliance with the ADA beyond iu own routine use of facilities, services, or other azeas covered by the ADA. XI. AMENDMENTS. Any amendments to this contract shall be in writing and shall be executed by the same parties who executed the original contract or their successors in office. i �; � � � XII. DATA PRACTICES. The Purchaser agrees to comply with the Minnesota Data Practices Act as it applies to all data provided by the College/University in accordance with this conffact and as it applies to all data created, gathered, generated, or acquued in accordance with this contract. XIII. RIGHTS IN ORIGINAL MATERIALS. The Dakota County Technical College shall own all rights, including all intellectual property rights, in all original materials, including any curriculum materials, invenrions, reports, studies, designs, drawmgs, specifications, notes, documenu, softwaze and documentation, computer based uaining modules, electronicaily or magnetically recorded materials, and other work in whatever foan, developed by the College/University and its employees individually or jointly with others or any subcontractor in the performance of iu obligations under this conhact. This provision shall not apply to the following materials: XIV. NRISDICTION AND VENUE. This contract, and amendmenu and supplemenu 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. O;T-IER FROVISIONS. (Attach additional page(s) if necessary): IN VJIT'NESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. APPROVED: 1. PURCAASER: PURCHASER certifies that the appropriate person(s) have executed the contract an behalf of PURCHASER as required by applicable articles, by-laws, resolutians, or ordinances. By (authorized signature) Title Date By (authorized signatwe) Title Date MnSCU003 10/28/96 2. MINNESOTA STATE COLLEGES AND 111►1�%l� �7.7 YIl l�. Dakota County Technical College By (authorized college/university signature) Title Date B Title CUSTOMIZED TRAINING COORDINATOR Date �� / Z !� � �V �Y 4'U June 11, 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 Tectuiical 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 firefighters have never been through this type of training before. It seems oniy prudent to prepare new staff with the tools 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 16 firefighters at a cost of $15Q each. Total cost of $2,400. Funds aze budgeted in the 2008 adopted Fire Departrnent to cover a variety of training costs. Fire has identified the Emergency Response Driving course to be paid with the approved budget.