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09-1341CouncilFile# /�j-i�jUl Green Sheet # 3089236 RESOLUTION CITY (�F SAINZ PAUL, MWNESOTA �� Presented by 1 RESOLVED, that the proper City officials are hereby authorized and directed to execute an agreement with Dakota County 2 Technical College to provide an Emergency Response Driving course to firefighters; which includes an indemnification clause, 3 as provided by the Saim Paul Fue Deparhnent; a copy of said agieement is to be kept on file and of record in ihe Office of 4 Financial Services. Requested by Department of: Fire By . -2- �Y2�J^�a'-� Approved by the ice of Financial Services � Adoprion Certified by Coun� Secretary By: p Approved n or��- Date � By: Adopted by Council: Aate /aJjJ/� /�q � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � I DeparpnentlOffice/Council: ' Date Initiated: " � � �� ; FR _F�re I z3NO�za� � Green Sheet NO: 3089236 Contact Person & Phone: Keith Morehead 6A4-9133 Must Be on Council Agenda by (Date): Doc. Type: RESOI.UTION E•Document Required: Y Dacument Contact: �ill LaCasse Contact Phone: 228-6257 , � � Assign NUmber i For � Routing � Order Total # of Signature Pages _(Clip All Locations for Signature) a 1 2 3 4 5 �� Approval of the attached Council Aesolution au[horizing the Saint Paul Fire Department to enter into an agreement with Dakota Counry Technical College to provide and Emergency Response Driving course to firefighters. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Mswer the Foilowing Questions: 1. Has this personlfirm ever worked under a contract tor this tlepartment'� Yes No 2. Has this persoNfiRn ever 6een a city employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any current ciry employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The Saint Paul Fire Department Training division would like to piovide an Emergency Response Driving course to the new firefighters and Dakota County Technical College can provide the trnining. AdvaMages if Approved: The Saint Paul Fire Depactment firefighters would receive Emergency Response Driving training. Disadvantages If Approved: None. ��`�� -�'� � ��3`� Disadvantages If Not Approved: Lost opportuniry for firefighters to receive Emergency Response Driving course training. S'otal pmount of $3,150.00 Trdnsactton: Fundiny source: 001 - General Fund Financial Information: (Explain) CosURevenue Budgeted: Activity Number: 05100 November 23, 2009 10:03 AM Page 1 �-i ��II F.Y.: Cost Crnter: Object Code: Amount: Vendor Y. P O.� 2�09-201� 216 126 STATE OF NIINNESOTA MINNESOTA STATE COLLEGE5 AND UNIVERSITIES DAKOTA COUNTY TECFINICAL COLLEGE CUSTOMIZED TRAIlVING I�TCOME CONTRACT Dakota County Technical College (heceafter College(Univezsity) by viriue of its delegated authority from the Boazd of Tmstees of the Minnesota State Colleges and Universities) and City of St. Paul Fue and Safety, 100 E. I 1`� St. St. Paul, MN. 55101 (hereafter "Purchaser") agree as follows: DUTIES OF THE COLLEGE/iJNTVERSITY. The College/University agrees to provide the following: Title of InstrucrionJActivityiService: Emergency Response Driving Date(s) of InsisuctionfAcrivityl5ervice: January 21, 2010 — From 8:30am to 3:OOpm Instructor/Trainer/Consultant: DCTC Staff Locarion: Classroom: Public Safety Training Bldg. Practical: Driving Course Other Prov�sions: II. DUTIES OF TAE PURCHASER The Purchaser agees to piovide: III. SITE OF INSTRUCTION/ACTNITY/SERVICE. Dakota County Technical College shall make all of the arrangements, including any payment, for the location to be used for the Instruction/Activity/Seroice. IV. CONSIDERATION AND TERMS OF PAYMENT. A. Cost: $150.00 per operator Other Fees: Notwithstanding the thirty (30) day notice period established in paragraph VII, in the event that the Purchaser desires to cance] or reschedule the Instruction/Activiry/Service due to low enrollment, Purchaser shall give at ]east 4 days notice in wriring to the College/[Jniversiry's authorized agent to cancel or reschedule. If the Insh uction/Activity/Service is canceled as provided herein, the College/University shall be enritled to payment calculated according to pazagraph VII. If the Inshuction/Acrivity/Service is rescheduled as provided herein, payment shall be according to tlus pazagraph IV. � �-�3�1 B. Tertns of Pavment. The College/University will send an invoice for the Instrucrion/ActiviTy/Service performed. The Purchaser will pay witlun 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 Morehead B. College/University's authorized agent: Sharon LaComb, Vice President or Gary Hebert, Dean of Customized Training. VI. TERM OF CONTRACT. A. Effecrive Date: January 21, 2010 B. End Date: January 21, 2010 or iuiril all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. VII. CANCELLATION. This contract may be canceled by the Purchaser ar the CollegeNniversiry at any tune, with or without cause, upon thirty (30) days written notice to the other party. In the evem of such a cancellaUon, the CollegelUniversity shall be entitled to payment, determined on a pro rata basis, for work or Insh'uctionlActivitylService safisfactorily performed. VIII. ASSIGNMENT. Neither the Purchaser noi the College/i3niveisity shall assign or 4ansfer any xights or obligations under this contract without the prior written approval of the other party. IX. LIABILITY. Purchaser and the Collegef[Tnivezsity agree that each paxty sha11 be responsible foz its acts and omissions, and the consequences thexeo£ Purchaser's liabiliries will be as provided in the Municipal Tort Claims AcY, Minn. Stat. ch. 466, and the CollegelUniversiry's liabiliries will be govemed by the pzovisions of the Minnesota Tort Clauns Act, Minn. Stat. section 3.736. This clause shall not be construed to baz any legal remedies a party may have foz the other pariy's failure to fulfill its obligations undar this contract. X. AMERICANS WITH DISABILITIES ACT (ADA1 GQMPLIANCE. The Purchaser agrees that in fulfilling the duries of tYus contract, the Purchaser is responsible foL complying with the apphcable provisions of the Amencans with Disabiliries Act, 42 U.S.C. Section 12101, et seq. and regularions promulgated pursuant to it. The College(University TS NOT eesponsible for issues or challenges related to compliance with the ADA beyond its own roatme use of facilities, services, or other azeas covered by the ADA. XI. AMENDMENTS. Any amendments to this confract shall be in wriring and shall be executed by the same parties who executed the original contract or theu successors in office. XII. DATA PRACTICES. Ruchaser agrees to comply with the Minnesota Data Practices Act as it applies to all data in ats possession generated as a result of this contract with College/CTniversity in accordance with the terms of this contract. College/IJniversity agrees to comply with the Minnesota Government Data Pracrices Act as it applies to all data generated under the terms of this contract within its possession. XIII. RIGHTS IN ORIGINAL MATERIALS. The Dakota County Technical College shall own all rights, including all intellecmal property rights, in all original materials, including any curriculum materials, invenrions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modules, e]ectronically or magnetically recorded znaterlals, and other work in whatever form, b��f�� ) developed by the College/Unlversity and its employees 3ndiv9dually or jointly wlth others or any subconhactor in the performauce of its obligarions under this conhact. This provision shall not apply to the following materials: XIV. JUI2ISDICTION AND VENUE. Tlus 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 tlns contract, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey Counry, Mwnesota. XV. OTHER PROVISIONS. (Attach additional page(s) if necessary): Not Applicable IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. APPROVED: PURCHASER: PURCHASER certi5es that the appropriate person(s) have executed the contract on behalf of PURCHASER as required by applicable articles, by-laws, resolutions, or ordinances. 2. MINNESOTA STATE COLLEGES AND UNIVERSITIES Dakota County Technical College By (authorized signature) Title Date By (authorized signature) Title Date By (authorized Collegelunivexsiry signatute) Title Date By (authorized College/L7niversity signature) / /W'��`--� ✓ J �LQ 1 T1t1E Duector, Public Safety/Transportation Date MnSCU003