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09-240Council File #__Q�a�U Green Sheet #3066419 Presented by RESOLUTION l � CITY C)F SAII� PAUL, MINNESOTA 1 BE IT RESOLVED, that the Saint Paul City CouncIl authorizes the City of Saint Paul to enter into the attached agreement with 2 the State of Minnesota, Minnesota State Colleges and Universities, Dakota Counry Technical Colleae, which includes an 3 indemnificarion clause. A copy of said agreement is to be kept on file and on record in the O�ce of Financial Services. 4 Bostrom Carter Harris Thune Adopted by Council: Date Yeas Adoption Certified by Co cil Secretary By: Approve y M Date 3� l By: � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � b I -�ND ' DepartmeMlOfficelCouncil: ; Date Initiated: ' �, Pp _PoliceDepartment ; Zg_�qN-09 ! Green Sheet NO: 3066419 Contact Person & Phone: ' ChiefJohn Harrinpton 266-5588 �, Must Be on Counci! Agenda by (Date): I , Doc. Type: RESOLUTION �I E-Document Required: Y �I Document Contact: Evette Scarver I ConWctPhone: 266-5541 ; � ' ; Assign Number ' � For i Routing I Order ; 0 Police Depar�ent Potice DepaiYment 1 Police Department PoGce DeDariment � � 2 Ciri Attomev Citv Attorney ' �� , 3 ��tinancialServices I; D'uecWr.FSO � , 4 !MavoCs Office Mavor 5 Councd Councl ' 6 'CiN Clerk �; City Clerk , i ToW I# of Signature Pages �(Clip All Lowtions for Signature) �: Signatures on the attached council resolution authorizing the Ciry of Saint Paul, Police Department to enter into the attached ; agreement with the State of Minnesota, Dakota Counry Teclurical College. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2 Has this person/firtn ever been a city employee� Yes No 3. Does this person/firtn possess a skill not normally possessed by any current 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 Dakota CounTy Technical College staff will provide Emergency Vehicle Operation Course Trauring (EVOC) to Saint Paul Police Swom Personnel. Authoriza6on is needed. �,AdvanWgeslfApproved: � k �'��m� � Swom officers will receive in-service training on how to safely operate police velucles. ;"'��� um j �E� � �1 �Q�� Disadvantages If Approved: None. � �, �.s; t G ��` i DisadvanWgeslfNotApproved: i Lost opportunity to offer in-service training to swom officers on how to safely operate police velucles. Total Amount of $9 g00.00 Transaction: Funding Source: 436 Financial Information: (Explain) CostlRevenue Budgeted: Activity Number: 34117 `j—Iv(`6� January 28, 2009 11:00 AM Page 1 Print View From: To: CC: Date: Subject: Chris Eitemiller Brown, Amy Scarver, Evette Monday - January 26, 2009 10:59 AM spending request approval Page 1 of 1 6°l��-�b Amy, Another spending request was approved recently. It is for $9900 for the Dakota County Tech Coliege facility rental. This is for o�cers' emergency driving training. Chris Eitemiller Sr. Budget Analyst Office of Financial Services City of St. Paul 651-266-8547 chris.eitemiller@ci.stpaul.mn.us https://webl.ci.stpaul.mn.us/gw/webacc?User.context jkaj12Le5tvecd9Bqe&Item.drn=199... 1/26/2009 � F.Y.: CostCenter. 2009-2010 216 126 �f�2�f b P.O. k: Amount: 9 �� STATE OF MIA'NESOTA MIlVNESOTA STATE COLLEGES AND UNIVERSITTES DAKOTA COUNTY TECHNICAL COLLEGE CUSTOMIZED 'TRAINING INCONfE CONTRACT Dakota Counry Technical College (hereafter College/University) by virtue of its delegated authoriry from the Board of Trustees of the Minnesota State Colleges and Universities) and St. Paul Police Department, 367 Grove St., St. Paul, MN. 55101(hereafter "Purchaser") agree as follows: I. DiTTIES OF THE COLLEGE/UNIVERSITY. The CollegelUniversiry agrees to provide the following: Title of Instruction/Activity/Service: Facility rental for the purpose of Law Enforcement training Date(s) of Instruction/Activity/Service: � hf June IQ 2009 From 1800 to 0400 (June 11) June 12, 2009 From 0700 to 1700 June 15, 2009 From 1800 to 0400 (June 16) June 17, 2009 From 1800 to 0400 (June 18) June 19, 2009 From 0700 to 1700 June 22, 2009 From 0700 to 1700 June 23, 2009 From 1800 to 0400 (June 24) June 25, 2009 From 0700 to 1700 June 26, 2009 From 0700 to 1700 Instructor/Trainer/Consultant: DCTC Staff- Location: DCTC Rosemount MN. Public Safety Trauung Bldg. and Driving Course Other Provisions: II. DUTIES OF THE PURCHASER. The Purchaser agrees to provide: III. SITE OF INSTRUCTION/ACTIVITY/SERVICE: Dakota County Tecluucal College shall make all of the acrangements, including any payment, for the location to be used for the Instrucrion/Activiry/Service. N. CONSIDERATION AND TERMS OF PAYMENT. A. Cost. $1100.00 per day -� �3 � q� 5 �� L ToTAL=',6-H-999-8g• � c1 y� Other fees: Y oy-a-r�0 Notwithstanding the thirty (30) day notice period established in paragraph VII, in the event that the Purchaser 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 CollegelUniversity's authorized agent to cancel or reschedule. If the Instruction/Activity/Service is canceled as provided herein, the College/University shall be entitled to payment calculated according to pazagaph VII. If the Insrruction/Activity/Service is rescheduled as provided herein, payment shall be according to this para�aph IV. B. Terms of Pavment. The College/Universiry will send an invoice for the Inshuction/Acrivity/Service performed. The Purchaser will pay within 30 days of receiving the invoice. Please send payment to: Dakota Counry Technical Colleae Attn: Marsha Johnson 1300 145th Sheet East Rosemount, MN 55068-2999 V. AUTHORIZED AGENTS FOR THE PURPOSES OF THIS CONTRACT. A. Purchaser's authorized agent: Terry Erdman — Training Unit B. College/Universiry's authorized agent: Vice President — Sharon LaComb or Dean of Customized Training-Gary Hebert VI. TERM OF CONTRACT. A. Effective date: Febrnary 20, 2009 B. End date: June 26, 2009 or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. VII. CANCELLATION. This contrcct may be canceled by the Purchaser or the College/University at any time, with or without cause, upon tl�irty (30) days written norice to the other party. In the event of such a cancellation, the College/University shall be enfitled to payment, determined on a pro rata basis, for work or Instruction/Activity/Service satisfactorily performed. VIII. ASSIGNMENT. Neither the Purchaser nor the College/University shall assign or transfer any rights or obligations under this contract without the prior written approval of the other party. IX. LIABII,ITY. Purchaser agrees to indemnify and save and hold the College/Universiry, its representatives 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 agents or employees. This clause shall not be construed to bar any legal remedies the Purchaser may have for the College/University's failure to fulfill its obligations pursuant to this contract. X. AMERICANS WITH DISABILITIES ACT (ADAI COMPLIANCE. The Purchaser agrees that in fulfilling the dufies 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 its own routine use of facIlities, seroices, or other azeas covered by the ADA. XI. AMENDMEIVTS. 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. XII. DATA PRACTICES. The Purchaser agrees to comply with the Minnesota Data Practices Act as it applies to all data provided by the College/Universiry in accordance with this conlract and as it applies to all data created, gathered, generated, or acquired in accordance with this contract. 64-��D XIII. RIGHTS IN ORIGINAL MATERIALS. The Dakota Counry Technical College st�all oum all rights, including all infellectual properry rights, in all original materiaLs, including any curriculum materials, inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modules, electronically oz magnetically recorded materials, and other work in whatever form, developed by the College/University and its employees individually or joinUy with others or any subconiractor in the perfoimance of its obligations under this contract. This provision shall not apply to the following materials: XIV. JURISDICTION AND VENLJE. Tbis 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 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): IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. APPROVED: f1��IJZ�7:/RY�l� PURCHASER certifies that the appropriate person(s) have executed the contract on behaif of PURCHASER as required by applicable articles, by-laws, resolurions, or ordinances. 2. MINNESOTA STATE COLLEGES AND IJNIVERSTTIES Dakota County Technical College By (authorized signature) Title Chief of Police Date By (authorized signature) Tifle City Attorney Date MnSCU003 10/28/96 By: Tit1e: Director Date: By (authorized college/university signature) Title Date By (authorized college/university signature) TiUe D'uector, Public Safety / Transportation Date