09-811CouncilFile# U�"
Green Sheet # 3072287
CITY OF
Presented by
RESOLUTION
NT PAI�L, MINN
�5
1 RESOLVED, that the proper Ciry officials aze hereby authorized and d'uected to execute an agreement with Hennepin Technical
2 College to provide credit based fue protecrion courses to firefighters and the new recruihnent firefighters, which includes an
3 indemnificarion clause, as provided by the Saint Paul Fire Depar�tent; a copy of said agreement is to be kept on file and of
4 record iu the Office of Financial Sexvices.
Yeas Nays Absent
Bostrom ,/
Carter ,!
Harris
Helgen
Lantry ,/
Stark
Thune
O 0
�
Adopted by Council: Date � C S]�� ,e,p
Adopti erti d oun � Secretary gy
By: �
Approv by n Date C
By:
Requested by
Fire �
Bv
Approvedl�
By:
��
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
� DepartmenUO(ficeiCOUncil: � , Date Initiated: ' � ` � � (
' FR - � 09-JUL-09 . GCeeI� Sheet NO. 30722�7
Contact Person & Phone:
�, Keith Morehead
644-9133
' Must Be on Council Agenda by (Date):
'' Doc. Type: RESOLUTION
E-DOCUment Required: Y
Document Contact: ���� �Casse
ContactPhone: 228-6257
�►
Assign
; Number
For
Routing
Order
0
1
2
3
4
5
6
✓
_�or/Assistaui '' _ . . ,
Total # of Signature Pages _(Clip All Lowtions for Signature)
Approval of the attached Council Resolutian authorizing the Saint Paul Fire Departmem to enter into an ageement with Hennepin
Technical College to provide credit based fire protection courses for firefighters.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Gommittee
Civil Service Commission
Personal Service Contrects Must Answer the Following Questions:
1. Has this personlfirm ever worked under a contrac[ for ihis depadmenY>
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this persoNfirm possess a skill not normally possessed by any
curtent city employee?
Yes Na
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Psoblem, Issues, Opportunify (Who, What, When, Where, Why):
The Saint Paul Fire Departrnent needs to provide ongoing training [o the firefighters and Hennepin Technical College can provide the
training.
Advantages If Approvetl:
The Saint Paul Fire Depaztrnent firefighters would receive training for fue protection based courses.
Disadvantages If Approved:
None.
Disadvantages If Not Approved:
The Saint Paul Fire Deparhnent wou]d not be able to provide fire protection based courses for the firefighters.
Total Amount of $100,000.00
Trensaction:
Fundiny source: 05100 - General Fund
Financial Information:
(Euplain)
Cosf/Revenue Budgeted:
Activity Number: �5120
;,.__��'
-.,.� � 'e"�(V
, �Lb�.. i L� �J��
'"' �'°", [ .. _ _ _
July 10, 2009 8:15 AM Page 1
d9-��l
�� „
HennepinTechni�al
� ,.;�zr
Grstomized Tmrning Seroices
STATE OF MINNESOTA
1VIIlVNESOTA STATE COLLEGES AND UNIVERSITIES
I�ENNEPIN TECHNICAL COLLEGE
CUSTONIIZED TRAINING CONTRACT
Contract # 10018
THIS CONTRACT is between Hennepin Technical College (hereinafrer COLLEGE), located at
13100 College View Drive, Eden Prairie, MN 55347 acting by virtue of its delegated authority
from the Board of Trustees of the Minnesota State Colleges and Universities, and City of Saint
Paul, tluough its Fire Department, Attn: Timothy Butler, the current Fire Chief, or designee
(hereinafter CLIENT), located at 100 East 1 lth Street, St Paul, MN 55101.
L 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
incorparate appropriate Fire Deparhnent Standard Operating Procedures into each
course delivered. The prescribed classes will be:
1. FRPT 1161 Building Construction for Fire Services - 3 credits
2. FRPT 1130 Fire Inspector Basic - 2 credits
3. FRPT 1175 Haz-Mat -First Responder Operational - 3 credits
4. FRPT ll 25 Fire Invesrigarion Basic - 2 credits
5. FRPT 1115 Company Funcrions - 2 credits
6. FRPT 1110 Pire Tnshuctor Basic - 2 credits
7. FRPT 1165 Apparatus Operator - 3 credits
8. FRPT 1180 Hazardous Materials Technician - 3 credits
9. FRPT 1120 Line Officer Basic - 2 credits
B. Date(s) ofInstnzcrion:
Dates of all scheduled courses to be determined mutually by COLLEGE and CLIED3T.
Page 1 of 8
oq�IP
C. Name of Instructor:
To be Determined, CLIENT has exclusive right to interview and choose the COLLEGE
inshuctor of their choice for each course.
D. Location:
Saint Paul Fue Department Training Facility with a COLLEGE facility as a backup.
E. Attendees
1. All courses will meet the apprenriceship agreement, Attached as E�ibit A, and will
be delivered exclusively for Saint Paul Fire Deparhnent employees. Courses with a
class size of twenty-five students or smaller will be open to other fire department
personnel. Students from agencies other than St. Paul Fire will pay a fee in the
amount of fifty dollazs ($50.00) to the CLIENT for every course, to cover the use of
the CLIENT'S facility and fire appazatus. Class size will not exceed thirry (30) when
made available to other deparhnent personnel.
2. If the CLIENT cancels any course, at any rime, pursuant to Section IV or Section
VTI, the COLLEGE is solely responsible to any non-CLIENT students, who are
enrolled in courses made possible under this Agreement, for the continuation of
those courses. The CLIENT shall bear no responsibility to the non-CLIENT
students or the COLLEGE for the costs, continuation, reimbursement of those
canceled courses. The CLIENT has no relationship with the non-CLTENT students
other than to allow those students, with signed waivers, access to the CLIENT'S
facilities and fire apparatus, as used by the COLLEGE, when the COLLEGE is
providing services to the CLIENT, under this contract.
3. Waver of Liability:
Students employed by fire depariments, other than the CLIENT'S, must sign a
waiver of liability for the CLIENT, at the first class. Students refusing to execute an
approved waiver shall be denied admission to any CLIENT facilities or the use of
any CLIENT fire apparatus. See IX.
COLLEGE will collect registration forms and release of information forms from
each student.
G. COLLEGE will conduct participant evaluations at the completion of each course and
provide the results to the CLIENT.
H. COLLEGE will provide, as needed, a backup COLLEGE facility or the
UAW/Ford/MnSCU training center to the Saint Paul Fire Deparhnent Training Facility
and back-up fire apparatus.
I. Cost for CLIENT'S employees.
1. The cost for the FRPT 1165 Apparatus Operator course for each individual will be
one-hundred and fifty-five dollars ($155.00) per credit, minus five dollars ($5.00),
for a total cost of one-hundred and fifty dollars ($150.00) per credit. The cost for
each individual credit, per student, is being reduced at a rate of five dollars ($5.00),
as payment for the COLLEGE'S use of the CLIENT'S fire apparatus. The fire
Page 2 of 8
oy-gll
apparatus is limited to fire engine and ladder truck; hydrant/water supply; audio
visual equipment; and copy machine.
2. The cost for all other courses for each individual will be one hundred and fifty-five
dollars ($155.00) per credit.
3. Masimum cost under this Agreement is $100,000.00.
J. COLLEGE will grant college credit for Fire Protecrion courses to individuals who
successfully complete courses as part of a St. Paul Fire Deparhnent Recmit Academy.
The process will involve application to the college and registration for the course(s).
1. COLLEGE will charge and collect a one time college applicarion fee in the
amount of twenry dollars ($20.00) from fire xecruits of CLIENT if they
desire to receive college credit for courses taught in the fire academy.
2. COLLEGE will bill CLIENT a twenry-five dollars ($25.00)
registration/processing fee for each individual enrolled in the following
courses during the recruit academy:
a. Fire Fighter I $25.00
b. Fire Figltter II $25.00
c. HAZMAT Operational $25.00
f. HAZMAT Technician $25.00
3. COLLEGE will process the application and regish�arion and maintain an
academic transcript for each individual.
4. COLLEGE will awazd appropriate college credit for courses successfully
completed
5. COLLEGE will pxovide onsite credit based inshuction fox the St Paul Fixe
Deparhnent recruit academy. Recruit academy courses are:
a. Firefighter I— five credits
b. Fuefighter II— 2 credits
c. HazMat OperaUonal — 3 credits
Cost for all recmit academy courses are one hundred and fifty-five dollars
($155.00) per credit.
6. College will provide one instructor throughout the durarion of the academy
for classroom and t�ands-on instrucrion.
Page 3 of 8
e��li
7. College will provide addirional inshuctors to assist with the hands-on skills
sessions of the recruit academy at the request of the CLIENT. Cost for the
hands-0n skills instructors is $50.00 per hour for each instmctor requued.
II. CLIENT'S DUTIES. The CLIBNT agrees to provide the following:
A. Roster of participants. 12 students B minimum - per class.
B. Saint Paul Fire Department Training Facility with the understanding that the COLLEGE
will provide a COLLEGE facility or the UAW/Ford/MnSCU training center as backup.
C. The CLIENT will provide fire equipment or fire apparatus as needed for FRPT 1165
Apparatus Opezatar when the course is held at the Saant Paul Fire Department Training
Facility. The fire apparatus is limited to: fire engine and ladder huck; hydranUwater
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/FordfMnSCU training center as backup.
A. Make all contacts foi training and services thcough the COLLEGE and will not employ
the presenter/instructor directly for additional sessions of the COLLEGE cumculum.
E. The CLIENT will collect a fee in the amount of fifty dollars ($50.00) from students
representing fires deparhnents other than St. Paul on the first day of class. See I-E.
F. The CLIENT will provide pexsonnel to collect waivers of liabality for the CLIENT from
the non-CLIENT students on the first day of class. No non-CLIENT student will be
allowed admission to any CLIENT facilities or use of any CLIENT fire apparatus
without a fifty dollar ($50.00) fee and signed waiver to the CLIENT.
III. SITB OF INSTRUCTION.
See I and II - 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 accredited college, the COLLEGE, is to provide St. Paul Fire and
Safety Services Deparhnent's employees with necessary credit based Fire Protection
courses.
B. Students can purchase books from the COLLEGE or the Fire Instructors Association of
Minnesota.
C. Notwithstanding the thirty (30) day notice period established in paragraph VII, in the
event that the CLIENT desires to cancel or reschedule the insiruction due to low
enrollment, CLIENT shall give at least five (5) days notace in writing to the
COLLEGE'S authorized agent to cancel or reschedule. If the instruction is canceled as
provided herein, the COLLEGE st�all be entitled to payment calculated according to
paragraph VII. If the inshuction is rescheduled as provided herein, payment shall be
according to this paragraph IV.
D. Terms of payment. The COLLEGE will submit an invoice far the instruction/seroice
performed. The CLIENT will pay within thirry (30) days ofreceiving the invoice. Please
Page 4 of 8
, / �
submit payment to: Hennepin Technical College, Attn: Business Office, 9000 Brooklyn
Bivd, Brooklyn Park MN 55445.
E. Casts.
The CLIENT will pay the course charges for their employees. The costs for each course
credit are one-hundred and fifty-five dollars ($155.00), with the exception of FRPT ll 65
Apparatus Operator as described in Section I.
F. The COLLEGE will use the CLIENT'S 5aint Paul Fire Department 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 faciliry or the
UAW/Ford/MnSCU training center, as backup.
V. AUTHORIZED REPRESENTATIVES. All communicarions regarding the terms of this
contract st�all be submitted to the following persons:
A. COLLEGE CONTACT PERSONIBILLING ADDRESS
Name: Jon N. Olson
Title: Manager, Fire/EMSlSafety Training
Phone: (952) 995-1312 Fa�c: (952) 995-1331 E-Mail: 3on.Olson@hennepintech.edu
B. CLIENT CONTACT PERSONBILLING ADDRESS:
Name: John Swanson
Title: Accounting Administration
Address: 100 E llth St St Paul, MN 55101
Phone; (651) 228-6256 Fax: (651) 228-6255 E-Mail: john.swanson@ci.stpaul.mn.us
VL TERM OF CONTRACT.
A. Effective Date: 7uly 1, 2009
B. End Date: June 30, 2010, or until all obligations set forth in this contract have been
satisfactorily fulfilled, whichever occurs first.
VIL CANCELLATION.
A. This contract may be canceled by the COLLEGE or the CLIENT at any time, with or
without cause, upon thlrty (30) days written notice to the other pariy. In the event of
such a cancellation, the COLLEGE shall be entitled to payment, determined on a pro
rata basis, for work or instruction satisfactorily perfozmed for the CLIENT under this
contract.
B. Also, in the event of cancellation, the CLIENT shall have no liability to the non-
CLIENT students for resldual portions of any courses canceled; that xesponsibility
belongs solely to the COLLEGE.
VIII. ASSIGNMENT. Neither the CLIENT nor the COLLEGE shall assign or h�ansfer any
rights or obligations under this contract without the prior written approval of the other
party.
Page 5 of 8
���' I
IX. LIABILITY. COLLEGE and the CLIENT agree that each will be responsible for its own
acts and the results thereof to the extent authorized by law and sha11 not be responsible for
the acts of the other pariy and the results thereof. The liability of the COLLEGE shall be
governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section
3.732 and 3.736 et seq, and other applicable law. The liability of the CLIENT shall be
governed by the provision of Minnesota Torts Claims Act, Minnesota 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 provided by the CLIENT
infringe on any third party's United States and/or intemationa] patent(s), copyright(s),
trademark(s), trade name(s), servicemark(s) and servicename(s) or trade secret(s).
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 Attomey
Office, CLIENT against any claims alleging that the materials pxovided by the COLLEGE
infringe on any third party's United States and/or intemational patent(s), copyright(s),
trademazk(s), trade name(s), servicemark(s) and servicename(s) or trade secret(s).
X. AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE. The CLIENT agrees
that in fulfilling the duties of this contract, the CLIE�VT 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 IS NOT responsible for
issues or challenges related to compliance with the ADA beyond its own routine use of
facilities, services or other axeas covered by the ADA.
XI. AMENDMENTS. Any amendment or supplement 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. GOVERNMENT DATA PRACTICES ACT. The CLIENT must comply with the
Minnesota Government Data Pracrices Act, Minnesota Statutes Chapter 13, as it applies to
all 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 accardance with this contract. The civil remedies of Minnesota Statutes Section 13.08
apply to the release of the data referred to in this Article by either the CLIENT or the
COLLEGE.
In the event the CLIENT receives a request to release the data referred to in this Article, the
CLIENT must immediately notify the COLLEGE. The CLIENT will abide by the
Minnesota Govemment Data Pracrices Act in the release of any data.
Page 6 of 8
b �j�gll
XIII. RIGHTS IN ORIGINAL MATERIAI.S. The COLLEGE shall own all rights, including all
intellectual property rights, in all original materials, including any cumculum materials,
inventions, reports, studies, designs, drawings, specificarions, notes, documents, softwaze and
documentation, computer based training modules, electronically or magnerically recorded
materials, and other work in whatever form, developed by the COLLEGE and its employees
individually or jointly with others or any sub CLIENT in the performance 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. NRISDICTION AND VENUE. `I`his contract, and amendments and supp]ements 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 additiona] page(s) if necessary): N/A
Intentionally Blank
Page 7 of 8
Oc�-81I
IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be
boundthereby.
•••:• I �
HENNEPIN TECHNICAL COLLEGE
B
(Signature of person authorized to sign on behalf of COLLEGE)
Title:
Date:
ST. PAUL FIRE DEPARTMENT
CLIENT certifies that the apprupriate person(s) have executed this contract on behalf of the
CLIENT as required by applicable articles, by-laws, resolutions or ordinances.
By:
Title: Chief, Saint. Paul Fire Deparhnent
By: _
Title:
Date:
By:
Title: Saint Paul Citv Attomey
Date:
�
Title: Human Riehts
Date:
Date:
�
Title: Director of Office ofFinancial Services
Date:
Page 8 of 8