09-991Council File # lJ9- q9 /
Green Sheet # 3072887
Presented
RESOLUTION _ 9
CITY OF SAtNT,.pAUL, MI�NESO�A -
1 RESOLVED, tUat the proper Ciry officials aze hereby autl�orized and directed to execute an ageement with Hennepin Technical
2 College to evaluate pracrical exam for the Fire Equipment Operator promoUOnal test, which includes an indemruficarion clause,
3 as provided by the Saint Paul Fire Department; a copy of said agreement is to be kept on file and of record in ffie Office of
4 Financial Services.
Bostrom
Carter
Hazris
Thune
Yeas
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Requested by
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Adopted by Council: Date `////�/�Gj'
Adoption Certified by Coun �1 Secretary
By:
Approvep�yo��Date �.7
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Approved
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By:
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Confad pe�son 8 Phone:
Terty Haltiner
228-6220
Mus[ Be on Council Agenda by (Date):
Doc. Type: RESOLUTION W!$
TRANSACTION
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Number
For
-�� Routing
i Order
0
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i EAOCUment Required: Y
- Document Confact: ���� LaCasse
�i Contact Phone: 228-6257
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T # of Sigrcature Pages _( Al L f or Signature)
Action Requested:
Approval of the attached Counci] Resolution authorizing the Saint Paul Fire DepartmenY to enter into an ageement with Hennepin
Technical College to evaluate the pracrical exam fox the Fite Equipment Operator promotional test.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following 4uestions:
1. Has this person/firm ever woriced untler a wntract for this department?
Yes No
2 Has this personffirm ever been a ciry employee?
Yes No
3. Does this person/flrtn possess a skill not normally possessed by any
cUrrent city employee�
Yes No
Explain all yes answers on separate sheet and attach to gree� sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The Saint Paul Fire Depar[ment is holding Fire Equipment Qperator promotional practical exam on July 14-15, 2009 and Hennepin
Technical College can provide the evaluatian of the exam.
Advantages If Approved:
The Saint Paul Fire Department will be able to have the FEO practical exam for the promorional test evaluated by Hennepin Technical
College.
Disadvantages If Approved:
None.
Disadvantages If Not Approved:
The Saint Paui Fire Department will not be able to have the FEO practical exam foz the promofional test evaluated by He�mepin
Technical College.
ToWI Amountof $$ ]00.00
Transaction;
Funding Source: 401 - General Fund
Financial information:
(Explain)
CostlRevenue Butlgeted: ��������
Activity Number. 451 �0
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Juiy 20, 2009 4;02 PM Page 1
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STATE OF NIINNESOTA
NIINNESOTA STATE COLLEGES AND UNIVERSTTIES
HENNEPIN TECHNICAL COLLEGE
CUSTOMIZED TRAINING CONTI2ACT
Contract # 10030
THIS CONTRACT is between Hennepin Technical College (hereinafter COLLEGE), located at
13100 College View Drive, Eden Prairie, MN 55347 acting by viriue of its delegated authority
from the Board of Trustees of the Minnesota State Colleges and Universiries, and City of Saint
Paul, tluough its Fixe Department, Attn: Timothy Butler, the cunent Fire Chief, or designee
(hereinafter CLIENT), located at 100 East l lth Street, St Paul, MN 55101.
L COLLEGE'S DUTIES. The COLLEGE agrees to provide the following:
A. Title of Tnstruction:
Evaluate Practical Exam for Fire Equipment Operator Promotional Test
B. Date (s) ofInstruction:
Tuesday and Wednesday, July 14 & I5, 2009 8:00 a.m. — 5:00 pm.
C. Name of Instcuctox:
Dave Klocek and Staff
D. Location:
Saint Paul Fire Deparhnent Training Facility with a COLLEGE facility as a backup.
E. Attendees
1. If the CLIENT cancels any course, at any time, pursuant to Section N or Secrion VII,
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 relarionship with the non-CLIENT students other than to allow those
students, with signed waivers, access to the CLIENT'S faciliries and fire apparatus, as
used by the COLLEGE, when the COLLEGE is providing services to the CLIENT,
under this contract.
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2. Waver of Liability:
Students employed by fire departments, 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.
F. COLLEGE will collect registrarion forms and release of informarion 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
UAW1FordlPvinSCU ttaaning center to the Saint Paul Fire Depariment Training Facility
and back-up fire apparatus.
I. Cost for CLIENT'S employees.
I. Six thousand dollars ($6,000.00) for the first 20 candidates and one hundred fifty
dollazs ($I50.00) for each additional candidate over 20. Cost far 38 applicants is eight
thousand seven hundred dollars ($8,700.00).
IL CLIENT'S DUTIES. The CLIENT agrees to provide the following:
A. Roster of participants.
B. Saint Paul Fire Department Training Facility with the understanding that the COLLEGE
will provide a COLLEGE facility or the UAWlFordlMnSCU training center as backup.
C. Make all contacts for training and services thxough the COLLEGE and will not employ
the presenter/instructor directly for additional sessions of the COLLEGE cumculum.
IIL CONSIDERATTON AND TERMS OF PAYMENT
A. Notwithstanding the thirty (30) day notice period established in paragraph VII, in the
event that the CLIENT desires to cancel or reschedule the instruction due to low
enrollment, CLIENT shall give at least five (5) days notice in writing to the COLLEGE'S
authorized agent to cancel or reschedule. If the inshuction is canceled as provided herein,
the COLLEGE shall be eniitled to payment calculated accoxding to paragtaph VIL ff the
instrucrion is rescheduled as provided herein, payment shall be according to this
paragraph IV.
B. Terms of payment. The COLLEGE will submit an invoice for the instructionfservice
performed, The CLIENT will pay within thirty (30) days of receiving the invoice. Please
submit payment to: Hennepin Technical College, Attn: Business Office, 9000 Brooklyn
Blvd, Brooklyn Park MN 55445.
C. Costs.
Six thousand dollars ($6,000.00) for the first 20 candidates and one hundred fifiy dollars
{$150.00) for each additional candidate over 20. Cost fox 38 applicants is eight thousand
seven hundred dollars ($8,700.00).
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D. 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 facility or the
UAW/FordlMnSCU training center, as backup.
IV. AUTHORIZED REPRESENTATIVES. All communications regarding the terms of this
conuact shall be submitted to the following persons:
A. COLLEGE CONTACT PERSONBILLING AADRESS
Name: Jon N. Olson
Title: Manager, Fire/EMS1Safety Training
Phone: (952) 995-1312 Fax: (952) 995-1331 E-Mail: Jon.Olson@hennepintech.edu
B. CLIENT CONTACT PERSONfBILLING ADDRESS:
Name: John Swanson
Title: Accounting Administration
Address: 100 E 11th St, St Paul, MN 55101
Phone: (651) 228-6256 Fax: (651) 228-6255 E-Mail: john.swanson@ci.stpaul.mn.us
V. TERM OF CONTRACT.
A. Effective Date: July 14, 2009
B. End Date: July 15, 20�9, or untii all obligarions set forth in this contract have been
satisfactorily fulfilled, whichever occurs first.
VL CANCELLATION.
A. This contract may be canceled by the COLLEGE or the CLIENT at any tune, with oi
without cause, upon thiriy (30) days written notice to the other party. In the event of such
a cancellation, the COLLEGE shall be entitled to payment, determined on a pro raYa
basis, for work or instruction safisfactorily performed for the CLIENT under this
contract
VII. ASSIGNMENT. Neither the CLIENT nor the COLLEGE shall assign or transfer any rights
or obligations under this contract without the prior written approval of the other party.
VIII. 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 shali not be responsible foi
the acts of the other party and the results thereo£ 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 aze being provided to the COLLEGE by the CLIENT, the CLIENT agrees to be
responsible for and indemnify and defend, with the approval of the Attorney GeneraPs
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= Office, COLLEGE against any claims alleging that the materials provided by the CLIENT
infringe on any third party's United States and/or internarional 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 provided by the COLLEGE
infiinge on any third parry's United States andlor intemational patent(s), copyright(s),
trademark(s), trade name(s}, servicemuk(s) and servicename(s) ox trade secret(s).
IX. AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE. The CLIENT agrees
that in fulfilling the duties of this contiact, the CLIENT is xesponsible 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 ar other areas covered by the ADA.
X. 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.
XI. GOVERI�MENT DATA PRACTICES ACT. The CLIENT must comply with the
Minnesota Govemment Data Practices 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
accordance 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 ar 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 Practices Act in the release of any data.
XIL RIGHTS IN ORIGINAL MATERIALS. The COLLEGE shall own all rights, inc]uding all
intellectual pLOperty rights, in all Qriginal materials, including any curriculum maYerials,
inventions, reports, studies, designs, drawings, specifications, notes, documents, software and
documentation, computer based training modules, electronically or magnetically recarded
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 obligafions
under this contract. This provision shall not apply to materials pxovided by the CLIENT for
which the CLIENT has ownership of.
XII. NRISDICTION AND VENUE. This contract, and amendments and supplements thereto,
shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings
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arising out of this contract, or breach thereof, shall be in the state or federal court with
competent jurisdicrion in Ramsey County, Minnesota.
XIV. OTf�R PROVISIONS. (Attach addirional page(s) if necessary): N/A
Intentionally Blank
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IN WITIVESS WHEREOF, the parties have caused this coirtract to be duIy executed intending to be
bound thereby.
APPROVED:
HENNEPIN TECHNICAL COLLEGE
By:
(Signature ofperson authorized to sign on behalf of COLLEGE)
Title:
Date:
ST. PAUL FIRE DEPARTMENT
CLIENT certifies that the appropriate person(s) have executed this contract on behalf of the
CLIENT as required by applicable articles, by-laws, resolutions or ordinances.
�
Title: Chief, Saint. Paul Fire Deparhnent
Date:
By:
Title: Director of Financial Services
Date:
�
Title: Saant Paul Citv Attorney
Date:
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