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10-142Council File # Q- a Green Sheet # 3096737 RESOLUTION CiTY OF SAINT �UL, MINNESOTA /� Presented by 1 RESOLVED, that the proper Ciry officials are hereby authorized and duected to execute a joint powers agreement with Century 2 Colle�e to provide vehicle extricarion training; which includes an indemnificarion clause, as provided by the Saint Paul Fire 3 Department; a copy of said agreement is to be kept on file and of record in the Office of Financial Services. Requested by Depariment of: Adoplion Cert by Counc� Secretary BY� // //Jdi✓�/" /,'/c/!��d✓9 Approv y Ia or�Dat�� By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � - - --- lo'I � �- DepartmenUOffiGelCouncil: Date lnitiated: FR -F�� Z6�ANZO,o Green Sheet NO: 3096737 Contact person 8 Phone: Keith Morehead 644-9133 Must Be on Council Agenda by (Date): Doa Type: �SOLUTION ' E-Document Required: Y ' DocumentContact: ���ILaCasse , ContactPhone: 228-6257 Deoartment Sent To Person Initiei/Date o F;r= �__ __ 1 Fi=e Denartment Director_ _ y 2 Citv Attomev Citv Attoroev _{/ 3 Mayor's0lfice Mayor/ASSistant � ______ 4 Councl C.1ry Council 5 CiN Clerk_ Ciry Clerk _ ._ � Assign Number For Routing Order { ToWI # oF SignatUre Pages _(Clip AII Locations for Signature) ' Action Requested: I �, Approval of the attached Council Resolution authorizing the Saint Pau] Fire Department to enter into an agreement with Century i College to provide vehicle extrication �aining. ,' Recommendations: Approve (A) or Re�ect (R): Planning Commission CIB Committee _. Civil Servlw Commission Personal Service Contrects Must Answer the Following Questions: I 7. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person�rm ever been a city empioyee? I Yes No I 3. Does this person/firm possess a skill not normally possessed by any current city employee? I Yes No Explain aIl yes answers on separate sheet and attach to green sheet. I Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The Saint Paul Fire Department received grant money from the Federal Emergency Managment Agency to provide vehicle extrication training for firefighteis. Century College can provide this training to the Sainr Pau1 Fire Department. Ativantagest4Approved: The Saint Paul Fire Department firefighteis would receive vehicle exRicarion training. a �:;- .���E Disadvantages If Approved: None. t � � Disadvantages If Not Approved: � Lost opportunity for firefighters to ceceive vehicle extrication training. � i ` Total Amount of �, Tronsaction: $� ZO,OQ0,00 CosURevenue Budgeted: �' FundingSource: 510 ActivityNUmber: �� Financiallnformation: ,. — -- (ExPlain) January 26, 2010 11:39 AM Page 1 /� � 1 ��- Agreement # OZ- / 55� G � Between the City of Saint Paul and Century College THIS AGREEMENT, made and entered into this 3� day of December, 2009, by and between the City of Saint Paul, Minnesota, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as "City," and Century College, whose address is 3300 Century Avenue North, White Bear Lake, Minnesota 55110, hereinafter referred to as "Consultant." The City and Consultant, in consideration of the mutua4 terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: SECTION 1. Scope of Services. A. Consultant agrees to provide professional vehicle extrication training services in accordance with all applicable standards including National Fire Protection Association 1006 as described in its proposal and letter dated August 19, 2009, which is attached hereto and incorporated herein. The speclfic tasks, dellverabies, time fines, etc. that make up these services are as follows and as further described in the attached proposal: • Consultant shall provide 8 hours of operational level vehicle extrication training for 416 City fire fighters in either one full session or 2 half day sessions. • Consultant shall provide 12 additional hours (3 four hour sessions) for 149 trainees of technician level vehicle extrication training with at least 12 trainees brought to a"Train the Trainer' level. • All training will be conducted at the Saint Pauf F'ire Training Center on 1683 Energy Park Drive and Ace Auto Parts, 754 Rice Street, SainY Paul. • Consultant shall provide certificate of completion for each participant that successful competes the traming course and a permanent record of training available by college transcript for participants. • Consultant shall 6e responsible to provide a11 required equipment, vehicles and personnel to conduct the training. • Consultant shall be responsible to video training at Ace Auto Parts. Recordings shalf 6e the proQerty of Saint Paul Fire. SECTION 2. Time for Comptetian. A. The services rendered by Consultant shall be commenced upon execution of the Agreement and notification by the City to proceed and wi1V be completed in accordance with the schedule mutually agreed upon with the City which follows, but no later than one year from the effective date of this Agreement. B. Consultant shall not proceed with anytask without specific authorization from the Project Manager designated by the City. C. In the event that there are delays caused by actions of the City or which may 6e reasonably requested by the Consultant which can change the completion date, Consultant shall request an extension of time for completion of the project. The Project Manager will review the request and may grant to the Consultant such extensions of contract time as may 6e reasonable. SECTlON 3. Billings and Payment. A. That for Consultant's faithful performance of this Agreement, the City hereby agrees to compensate Consuftant in the amount(s) and accordingtothe schedu{e that follows. 16-/�fa- The City hereby agrees to compensate the Consultant in the amount as follows for vehicle extrication training services. Vehicles and sitejlocation for E#rication $15,000 Training Ace Auto Parts, Saint Paul, MN Interagency Agreement w/Riverland $20,000 Commun"rty Coflege for instrnction Design/teaching Misc. supplies $4,500 Phase l Operational Level Training for 416 $50,500 Firefighters Instrudion Phase 2 Technician Level Training for 140 $30,000 Firefighters Instruction 8. The above amounts shafl fully compensate Consultant for all work and associated costs. The City will honor no claim for services and/or costs provided by the Consultant not specifically provided for in this Agreement. Total costs for the project shall not exceed $120,000, which includes reimbursabie expenses. C. Payment of fees may be invoiced monthly for the amount of work completed at the end of each time period. Consultant shail submit an itemized invoice to the Project Manager Keith Morehead. Miscellaneous suppfies and expenses will require copies of the receipts to be sent with the invoice for reimbursement. Upon receipt of the invoice and verification of the charges by the Project Manager, the City shall make payment to Consu{tant within thirty (30) days. D. In the event the Consultant faifs to comply witfi any terms or conditions of the coMract or to provide in any manner Yhe work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option Is in addiCion to and not in lieu of the City's right to termination as provided in the sedions of this Agreement. SECTION 4. Project Management. A. The City requires the Consultantto assign specific individuals as principal project members and to assure that the major work and coordination will remain the responsibility of these individuals during the term of the Agreement. Removal of any principal project member without replacement by equally qualified individuals or without the prior written approval of the City are grounds for termination of the Agreement by the City. ConsultanYs principai project member is Jon Olson. B. The City has designated Keith Morehead as the Project Manager for this Agreement, and the individual to whom all communications pertaining to the Agreement shall be addressed. The Project Manager shall have the authority to transmit instructions, receive information, and interpret and define the City's policy and decisions pertinent to the work covered by this Agreement. SECTION 5: City ResQonsibilities. A. The City agrees to provide Consultant with access to any information from City documents, staff, and other sources needed by Consultant to complete the work described herein. SECTION 6. Work Products, Records, Dissemination of Information. /�-��a- A. For purposes of this Agreement, the following words and phrases shall have the meanings set forth in this section, except where the context clearly indicates that a different meaning is intended. "Workproduct"shall mean any report, recommendation, paper, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that results from ConsuftanYs services underthis Agreement. 'Supporting documentation" shall mean any surveys, questionnaires, notes, research, papers, analyses, whether in written, electronic, or in other format and other evidences used to generate any and all work perFormed and work products generated under this Agreement. °Business records" shall mean any books, documents, papers, account records and other evidences, whether written, electronic, or in other format, belonging to Consultant and pertaining to work perfarmed under this Agreement. B. All deliverable work products and supporting documentation that result from the ConsultanYs services under this Agreement shall be delivered to the City and shall become the property of the City after final payment is made to the Consultant with no right, title, or interest in said work products or supporting documentation vesiing in Consuftant. C. The Consultant agrees not to release, transmit, or otherwise disseminate information associated with or generated as a result of the work performed under this Agreement wiihout prior knowledge and written consent of the City. D. In the event of termination, all documents finished or unfinished, and supporting documentation prepared by the Consultant under this Agreemant, shall be delivered to th= City by Consuftant 6y the termination date and there shall be no further obligation of the City to Consultant except for payment of amounts due and owing for work performed and expenses incurred to the date and time of termination. E. The Consultant agrees to maintain ail business records in such a manner as will readily conform to the terms of this Agreement and to make such materials availahle at its office at all reasonable times during this Agreement period and for six �6) years from the date of the final payment under the contract for audit or inspection by the City, the Auditor of the State of Minnesota, or other duly authorized representative. F. Consultant agrees to abide strictly by Chapter 13 ,Minnesota Government Data Practice Act, and in particular Minn. Stat.§§ 13.05, subd. 6 and 11; and 1337, subd. 1(b) and Minn. Stat §§ 138.17 and 15.17. All ofthe data created, collected, received, stored, used, maintained, or disseminated by the Consultant in performing functions underthis Agreement is subject to the requirements of the Minnesota Government Data Practices Act and Consultant must comply with those requirements as if it were a governmental entity. If any provision of this Agreement is in conf{ict with the Minnesota Government Data Practices Act or other Minnesota state laws, state law shall control. SECTION 7. Equal Opportunity Employment. A. Pursuant to Chapter 183 of the Saint Paul Legislative Code and its implementing rules, Consultant will not discriminate against any employee or applicant for employmeni for work under this Agreement because of race, creed, religion, color, sex, sexual or affectional orientation, national origin, ancestry, familial status, age, disability, marital status, or status with regard to public assistance and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to the same. /o-l�a- This provision shall include, 6ut not be limited to the following: employment, upgrading, demotion, or transfer; recruiiment advertising, layoff or termination; rates of pay or their forms of compensation; and selectlon for training, incfuding apprenticeship. SECTION 8. Compliance with Applicable Law. A. Consuftant agrees to comply with all federal, state, and local faws or ordinances, and al1 applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the ConsultanYs performance of the provisions of this Agreement. It sha11 be the obligation of the Consultant to apply for, pay fos, and obtain all permits and/or licenses required. SECTfON 9. Conflict of Interest. A. Consultant agrees that it will not contract for or accept employment for the performance of any work or services with any individual, business, corporation, or government unit that would create a conffict of interest in the performance of its o6ligations pursuant to this Agreement with the City. B. ConsultanYs acceptance of this Agreement indicates compliance with Chapter 24.03 of the Saint Paul Adm�nistrative Code: "Except as permitted 6y law, no City official or employee shall be a party to or have a direct financial interest in any sale, lease, or contract with the City." C. Consultant agrees that, should any conflict or potential conflict of interest become known, Consultant will advise the Purchasing Systems Manager of the situation so that a determination can be made about ConsultanYs ability to continue performing services under the Agreement. SECTION 10. Insurance. A. Consultant shaff be required to carry insurance of the kind and in the amounts shown be{ow for the life of the contract. CeKificates for General Liability Insurance should state that the City of Saint Paul, its officials, employees, agents and representatives are Additional Insureds. 1. General or Business Liability Insurance $1,500,000 per occurrence $1,500,000 aggregate perproject $1,500,000 personal injury and advertising Policy must include an "all services, products, or completed oQerations" Endorsement when appropriate. 2. Automobile Insurance-{When Commercial vehicles are used in connection with a contract) a. Bodily lnjury $ 750,000 per person $1,000,000 per accident b. Property Damage not less than $50,000 per accident Coverage shall include: hired, non-owned and owned auto Automobile Insurance —(When Persona! vehicles are used in connection with a contract, the City is not required to be named as Additional Insured, but proof of insurance is required prior to commencement of activities.) a. Bodily Injury $30,000 per person / ���'/ � $6o,�0� per accident b. Property Damage $20,000 per accident Automobile Insuronce— (When Rental vehicies are used in connection with a contract, the Contractor shall either purchase insurance from the rental agenty, or provide City with proof of insurance as stated a6ove. 3. Workers Campensatron and Employer's Liobilrty a. Worker s Compensation per Minnesota Statutes b. Employer s Liability shall have minimum limits of $500,000 per accident; $500,000 per employee; $500,000 per disease policy limit. c. Contractors with 10 orfewer employees who do not have Worker's Compensation coverage are required to provide the City with a letterverifying their number of employees and a statement that they do not carry this coverage. 4. Professionol Liobilitylnsurance (is required when a contract �s for service for which professional liability insurance is available for purchase.) S. a. $1,000,000 per occurrence b. $1,500,000 aggregate 6. General Insurance Requirements a. All policies shall be written on an occurrence hasis or as acceptabie to the City. Certificate of insurance must indicaCe if the policy is issued on a claims-made or occurrence basis. Consultant will provide notice to Division of Contract and Analysis Services not less than (30) days prior written notice of cancelfation, non-renewai or any material changes in the policy, including, but not limited to, coverage amounts Agent must state on the certificate if company carries errors and omissions coverage. b. The Contractor may not commence a�work until Certificates of Insurance covering ali of the insurance required for this project is approved and the Project manager has issued a notice to proceed. Insurance must remain in piace forthe duration of the original contract and any extension periods. c. The Ciiy reserves the right to review Contractor's insurance poficies at any time to verify that City requirements have been met. d. Nothing shalf preclude the Cityfrom requiring Contractorto purchase and provide evidence of additional insurance itthe scope of services changes, if the amount of the contract is significantly increased, or if the exposure to the City or its citizens is deemed to have increased. e) Satisfaction of policy limits required above for General Liability and Automobile Liability insurance, may be met with the purchase of an umbrella or excess policy. Any excess or umbrella policy shall be written on an occurrence basis, and if such policy is not written by the same insurance carrier, the proof of underlying policies shalf be provided with any certificate of insurance. � �ya-- SECTION ll. lndependent Contractor. A. It is agreed by the parties that, at all times and for all purposes within the scope of the Agreement, the relationship of the Consu�tant to the City is that of independent contractor and not that of employee. No statement contained +n this Agreement shalf be construed so as to find Consultant an empioyee of the City, and Consultant shall be entitled to none of the rights, privileges, or benefits of Saint Paul employees. SECTION 12. Subcontrecting. A. The ConsuVtant agrees not to enter into any subcontracts for any of the work contemp4ated under this Agreement without obtaining prior written approval ofthe City. SECTION 13. Hold Harmless. A. Consultant will be responsible for it's own acts and behavior and the results thereof. ConsultanYs liabifity is governed by the Minnesota Tort Claims Act, Minn. Stat. §3.736. SECTION 14. Assignment. A. The City and the Consultant each binds itself and its successors, legal representatives, and assigns of such other party, with respect to all covenants ofthis Agreement; and neitherthe City nor the Consultant will assign or transfer their interest in this Agreement without the written consent ofi the other. SECTION 15. Termination. A. This Agreement will continue in full force and effect until completion of the project as described herein unless either party terminates it at an earlier date. Either party to this Agreement may terminate it by giving no less than thirty (30) days written notice of the intent to terminate to the other party. B. With Cause. The City reserves the right to terminate this Agreement if the Consultant violates any of the terms or does not fulfill, in a timely and proper manner, its obligations under this Agreement as determined by the CiYy. In the event that the City exercises its right to withhold payment or terminate underthis Section, it shall submit written notice to the Consultant specifying the extent of such withholding or termination under this Section, the reasons therefore, and the date upon which such withholding or termination becomes effective. Upon receipt of such notice, the Consultant shall take all actions necessary to discontinue further commitments of funds to the extent that they relate to the terminated portions of this Agreement. C. In the event of termination, the City wili pay Consultant for all services actualfy, timefy, and faithfully rendered up to the receipt of the notice of termination and thereafter until the date of termination. The Consultant will deliver all work products and supporting documentation developed up to the time of termination prior to the City rendering final payment for service. SECTION 16: Default by Consultant. A. In the event Consultant fails or neglects to comply with any term or condition of this Agreement or to provide the services stated herein, City shall have the right, after written notice, to cease payment hereunder. This remedy shalf be in addition to any other remedies, including termination, available to the City in law or equity. The City shall be entitled to recover reasonabie attorney's fees and costs of collection associated with enforcing its rights hereunder if so ordered by court. SECTfON 17. Amendment or Changes to Agreement. A. City or Consultant may request changes that would increase, decrease, or otherwise modify lo-/�a- the Scope of Services. Such changes and method of compensation must 6e authorized in wnting in advance by the City. e. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall 6e valid only when reduced to writing and duly signed by the parties. C. Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued priorto the effective date of such amendment, modification, or supplement. The term "this Agreement" as used herein shall he deemed to include any future amendments, modifications, and additional schedules made in accordance herewith. SECTION 18. Notices. A. Except as otherwise stated in this Agreement, any notice or demand to be given under this Agreement shall be delivered in person or deposited in UniYed States Certif+ed Maii, Return Receipt Requested. Any notices or other communications shall be addressed as follows: To City: Keith Morehead City of Samt Pau1 Fire Department 1683 Energy Park Drive Saint Pau1, MN 55108 To Consultant: Jon Olson Century College Continuing Ed & Customized Training 3300 Century Avenue North White Bear �ake, MN 5511� SECTION 19. Waiver. A. Any fault of a party to assert any right under this Agreement shail not constitute a waiver or a termination of that right, this Agreement, or any ofthis AgreemenYs provisions. SECTION 20. Survival of Obligations. A. The respective obligations of the City and Consultant under these terms and conditions, which by their nature would continue beyond the termination, cancellation, or expiration hereof, shall survive termination, canceilation or expiration hereof. B. If a court orgovernmental agency with properjurisdiction determines that this Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate. If a provision is so terminated but the parties legally, commercially, and practicably can continue this Agreement without the terminated provision, the remainder of this Agreement shall continue in effect. SECTION 21. Interpretation of Agreement, Venue. A. This Agreement shall be interpreted a�d construed according to the laws of the State of Minnesota. All litigation re{ated to this Agreement sha{I be venued in the D'+strict Co�rt of the County of Ramsey, Second Judicial District, State of Minnesota. SECTION 22. Force Majeure. A. Neither the City nor the Consultani shall be held responsible for performance if its performance is prevented by acts or events beyond the party's reasonable control, inc{uding, but not limited to: severe weather and storms, earthquake or other natural occurrences, strikes and other labor unrest, powerfailures, electrical power surges or current fluctuations, nuclear or other civil military emergencies, or acts of legisiative, }udicial, executive, or administrative authorities. SECTION 23. Entire Agreement. /D�l�a- A. it is understood and agreed that this entire Agreement supersedes afl oraf agreements and negotiations between the parties relating to the subject matters herein. IN WITNESS WHEREOF, the parties hereto are authorized signatories and have executed this Agreement, the day and yearfirst above written. For the City of Saint Paul: App�� os to farm� ���� ..r, h � � Assista t City Attorney For Consultant: � Taxpayer ID: �� � 4 �P U � ��� Executed: ayor or Designee �� ,� T Av„ Date � a � � � � �� Services Director; Be�arStL�_ent of Human Rights Economic Opportunrty Chief, Sai t P I Fire Department Funding: � `c.� — qo� ��„��: Activity # �5��� 1'✓� �'SfC�-.3�a1�'����-5G�7a�-i CAS/RAR/10-6-09 lo�/��- Riskblanagement Division Cenfeanfal flfficeBuilding 658 Ce3ur Streef. Sf. Paut Minnesofa 55155 Plwne: (65I}2$9-381fl Fax: (fiSt} �97-7715 TTY: (89D) 627-3529 Qctflber 29, 2409 C:ity of Saint Paut . Fire Department Attn: I�eith Morehead 1fi83 Energy Pack Drive St1�au1, MN 55108 RE: Certification Regaiding Warke��s' Compensation Coverage Ivli Ivlorehead, This is ta ce�Eify that Cantvey Col3ege, as a patt of the Minnesota State Colleges and Univeisities (I�nSCII�, is an agency a� ffia State of Minnesota and is self-u�sured lilce all other state a;encies �vith xespect to its ivorkers' campensatian coverage. The Aepattment oi Administ�•ation, tFuough sts RiskManagement Division, handies the administz�aGon, payment and defense of this agency's cvoilcers' compeEisation claims pzu�suan# to ivTinnesQta Sta#ute 1?6.541. Payment of any claim Gi�ouidbe made fcom tha Stata Compensation RevolvingPund ptusuant fo Nftnnesota Statute 17E.59S. Sincerely, ��� �ary Weshnan, Ma�sager Workeis' CompensationProg�n Risk Management Division (651}259-3810 Qarv.wesfman@ s Eate.mit.us Ar, Equal OppoilunIty Employer D_=PAHTtucT{T OF ADIdfNt3iRSCIDN �a-���. �� EryAA]YEYI �FJiRVSIBAR� Siate oi Minnesofa Risk Mar,a,amant Fur,d 3'fl Canfsnniat Oifica Buildfng 658 Cedar Straef St. Peul, MN 551�5 (851}201-2593 CerEificate af Coveraga This ts to carF7fy ihat coverage descrfbe8 batavi 7s ei�ecfive per fhe statu#ory a�thoriiy zeierence8. 7h€s carifficafe is nnf a pallcy or a btnder oftrrsurance and does notin any vfapalfer, amand or exfentl the covarape affo�tled by any reterencaberefn.Thecwerage _ lnsured: tr4N5CU-CenWryCO!lege-�5040 PoEteyFtumber: 40?3PK40 3300GenturyAVenue Po1lcyTsttn: 711l20a9fo7f{(2010 WhiteBearLake,N!N 55t70 QzEeCerEittcafefssued: SOl28J2009 pei per5�n - �Pr om�s C�verage ts afforde@ per fhls cerEtRCate anB fhe sfatnta(s) rerarenced balow. LlabJllly-�117nnesota Sfatuta 85.& Se1t•Insvted Humber 7sA-i6d6 as asstgned Ly (he MN Dsyart¢ren( of Camme�ce iUlfv-fAlnnesata SYatntas 3.732 and 3.736. �AT�S OF COVERAGE: DESCRIP710N OF COVE42AG�; tSSUEA TO: Clty of 5a(nf Paul Fire DeparCment Affn: KeiEh Morehead 1683 Energy Park Drive St Paut, MN 55108 ?/7/20D9 - 7(9/2Q10 Evidenoa of Insurance 1SSUE BYc RISK MAhiAGEMENT DIVtSION l..Ni/ '- t Aufhorized Signafu . /o-i �a-- ���� s.wev�xrosiamassrunw State of A4inttesota Risk Managament Fund 316 Cer�2nniat C7ffice &�ftdi�g 658 Cedar Sfrssf St Paut, MN 55155 (651 } 201-2593 eerEitfcafe afi Coverage Thfs ts fo certify fha£ coveraga descrfbeB betow Is effective per tfie statufory aufborfty referencad 7hls certlflcafels ttoi a polJcy or a bfnder oflnsutance and does rrof In any �vay alleY, arr�end oreXtend the coverage affordetl by any reference haretn. The covarage ]s subJect fo aff terms end coqd/tJoas oF fhe sfafutary auEherlty. Caverage ts afforded per this cerffRaate arM i8e statafe(s} referencad betow. A4046 as assfgned h1NDeparhnenf ofCommerce DATES OF COVPRA�S�: DESCftiP710Dt OF GOV6RAGE: E5SUE4 TD: Gry af Saint Patti Fira �epaRment Attn: Keifh hdorehead i 683 Energy Park Drive St Paul, MN 5b10$ 711I20QB - 7/1I2010 Evidance of insurance iSSUE� BY: RiSEC h1AN0.GE[t'[EN7 4€VISI�N �� � Aufhorized Slgnafu! � � Insuredc MNSCU-CanivryColiege-X35000 Po1ltyNUmber: ' 0�46AUt6 3300 Century kvenue Pollcy ierm; - � - 71}I2009 to 71tl2070 WhifaBeatLaka,MN 55i10 DafeCertifica4etssued: 10I29120�9