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10-507Council File # 10-507 Green Sheet # 3104536 RESOLUTION CtTY O,F�SAINT PAUL, MINNESOTA �y Presented 1 BE IT RESOLVED, that the Saint Paul City Council authorizes the City of Saint Paul to enter into the 2 attached agreement with the 5tate of Minnesota, Minnesota State Colleges and Universities, Dakota 3 County Technical, which includes an indemnification ciause. A copy of said agreement is to be kept on 4 file and on record in the Office of Financial Services. � � -�.'-.s� Adoption Ce by Council Secretary BY / / ///�/,/ �//il.C� d/7 Approve ay§ Date S L7 � Lo i/� B Y = , � l G - - -- / � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Shee� Pp _ Pol'ice DepaRment ConWct Person & Phone: Chief John Harrinpton 2665588 Must Be on Council Agenda by (Date): T RESOLUTION vaw �unw�cv. � 29MAR2010 � Green Sheet NO: 3104536 y Assign Number For Routing Order a l 2 3 4 5 6 Initial/Date '`. -- I ��. E-DOCUment Required: Y �,�o4ce DeDartment � I Potice Department � i '�� Document Contact: Evette Scarver � I I ContactPhone• 266-5 1 ; I—__. _____ _ _ .__ ____ - _ _'-. _ _______ ____ _ . _ _._ _ - ____i _ _— -_-__- -_ _--_ i Total # of Signature Pages �(Clip All Locations for Signature) __ _ i ' - __ ____�_____ __— —__—___ -__- .__--__— —_— ____. _..___._... _ ____ ; Action Requested: ` I Signatures on the attached council resolution authorizing the Ciry of Saint Paul, Police Deparnnent to emer into the attached i ageement with the Stafe of Minnesota, Dakota County Technical College. I 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 personlfi�m ever been a city employee? Yes No 3. Does fhis person/firm possess a skill not normally possessed by any current city employee? Yes' No F�cpiain all yes answers on separete sheet and attach W green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The Dakota County College s[aff will provide Emergency Vehicle Operarion Coutse Training (EVOC) to Saint Paul Sworn Personnel. Authorization is needed. ! Advantages If Approved: Sworn officers will receive in-service ffaining onhow to safely operate police vehicles. � '- - -- - - -- ------------ ------- - � DisadvanWgeslfApproved: � None. i I !_ �--- � Disadvantages If Not Approved: �� Lost opportuniry to offer in-service training to sworn officezs on how to safely operate police vehicles. ---- --- - - � - - - TotalAmountof $�7,600.00 � Transaction: , Funding Source: 436 , Financial information: (Enplain) CoSURevenue 8udgeted: ActivityNumber. ���� �s���'�,���� ��� � �� L��� r l i j� r i i —I , I I _ '_—i March 29, 2010 11:41 AM Page 1 10-507 F.Y.: Cost Center. Ob�ect Code: Amounr. Vrndor ti: P.O.# 2009-2010 216 126 STATE OF MINNESOTA MINNESOTA STATE COLLEGES AND UNIVERSTTIES DAKOTA COUNTY TECHNICAL COLLEGE CUSTOMIZED TRAINING INCOME CONTRACT Dakota County Technical College (hereafter College/[Iniversity) by viRUe of its delegated authoriry from the Board of Tmstees of the Minnesota State Colleges and Universities) and St. Paul Police Department, 367 Grove Street, St. Paul, MN 55101 (hereafter "Purchaser'� agree as follows: I. DUTIES OF THE COLLEGE/UNIVERSITY. The College/IJniversiry agees to provide the following: TiUe of Instruction/Activity/Service: Facility rental for the purpose of law enforcement training. Date(s) of Instruction/Activity/Service: May 79, 21, and 24, 2010, from S:OOam-S:OOpm May 26 and 27, 2010, from 8:OOpm-4:OOam June 1, 2,14, and 15, 2010, from 8:OOpm-4:OOam June 4, 7, 9,11,15, 23, aud 24, 2010, from 8:OOam-S:OOpm InstructorJTrainer/Consu][ant: N/A Location: Classroom portion: Public Safety Training Building Riding portion: DCTC Driviug Range Other Provisions: Not Applicable II. DUTIES OF THE PURCHASER The Purchaser agrees to provide: Not Applicable III. SITE OF INSTRUCTION/ACTIVITY/SERVICE. Dakota County Technical College shall make all of ihe anangements, induding any payment, for the location to be used for the InstructionlActivity/Service. IV. CONSIDERATION AND TERMS OF PAYMENT. A. Cost: $1,100.00 per day Other Fees: Not Applicable Notwithstanding the thiriy (30) day notice period established in pazagraph VII, in the event that the Purchaser desires to cancel or reschedule the Instruction/Activity/Service due to low enrollment, Purchaser sha➢ give at least 4 days notice in wrifing to the Colleoe/University's authorized agent to cancel or reschedule. If the Instruction/Activity/Service is canceled as provided herein, the College/Universiry shall be entitled to payment calculated according to pazagraph VII. If the Instruction/Activity/Service is rescheduied as provided herein, payment shall be according to this pazagraph N. 10-507 B. Terms of Pavment. The CollegellJniversity will send an invoice for [he Instruction/Activity/Service performed. The Purchaser will pay within 30 days of receiving the invoice. Please send payment to: Dakota County Technical College Attn: Marsha Johnson 1300145th Street East Rosemount, MN 55068-2999 V VI. AUTHORIZED AGENTS FOR THE PURPOSES OF THIS CONTRACT. A. Purchaser's authorized agent Terry Erdman, Training Unit, Academy Liaison B. College/ilniversity's authorized agent: Shazon LaComb, Vice President or Gary Hebert, Dean of Customized Training. _ _ TERM OF CONTRACT. A. Effective Date: May 19, 2Q10 B. End Date: June 24, 2010, or until all obligations set forfh in this contracf have been satisfactorily ' fulfilled, whichever occurs first. ' � � � � . VII. CANCELLATION. This contract may be canceled by the Pwchaser oi the'Ca118ge/LJniversity at any time, with or without cause, upon thirty (30) days written notice to the other party. �Tn the event of such a � � ca�cellation, the College/University shall be entitled to paymeht, determined on.a,pio Yata basis, for work or Inshvction/Activity/Service saTisfactorily performed. � � - � VIII. ASSIGNMENT. Neither the Purchaser nor the College/[Jniversiry shall assigii or�trapsfer any rights or ''i obligations under this contract without the prior written approval of ihe other.party.'"� ; � :��`� � . � � - ' - IX. LIABILITY. Purchaser and the College/University agree that�each,�party shall be re'sponsible for its acts and omissions, and the consequences thereof. Purchaser's liabilities i'vill be as provided,in the Municipal Tort Claims Act, Minn. Stat. ch. 466, and the College/University's liabilities will be govemed by the provisions of � the Minnesota Tort Claims Act, Minn. Stat. section 3.736. Thi's clause shalt nofbe construed to bar any legal � remedies a party may have for the other party's failure to fulfill its,obligations under this conta'act. X. AMERICANS WITH DISABILITIES ACT 1ADA1 COMPLIANCE. The Purchaser agrees that in fulfilling the duties 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/CJniversity IS NOT responsible for issues or challenges related to compliance with the ADA beyond its own routine use of facilities, services, or other areas covered by the ADA. XI. AMENDMENTS. Any amendments to this confiact shall be in writing and shall be executed by the same parties who executed ihe original contract or their successors in office. . XII. DATA PRACTICES. Purchaser agrees to comply with the Minnesota Data Practices Act as it applies to all data in its possession generated as a result of this contract with CollegeNniversity in accordance with the terms of this contract. College/University agees to comply with the Minnesota Govemment Data Practices Act as it applies to all data generated under the terms of this conhact within its possession. _ :; XIII. RIGHTS IN OffiGINAL MATERIALS. The Dakota Counry Technical College shall own all rights, including ali intellectual properiy rights, in ali original materials, including any curriculum materials, inventions, reports, studies, desigis, drawings, specifications, notes, documents, softwaze and documentation, computer based training modules, electronically or magnetically recorded materials, and other work in whatever form, • ' 10-507 developed by the Coliege/University and its employees individually orjointly with others or any subcontractor in the performance of its obligations under this contract. This provision sha11 not apply to the following materials: Nof Applicable � XIV. NRISDICTION AND VENUE. This contraci, 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 conVact, or breach thereof, shall be in the state or fedzral court with competent jurisdiction in Ramsey County, Minnesota. ' � 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: 1. PURCHASER: 2. MINNESOTA STATE COLLEGES AND PURCHASER certifies that the appropriate UNIVERSITIE$ person(s) have executed the contract on behalf .. � , � of PURCHASER as xequired by applicable Dakota County Technical College articles, by-laws, resolutions, or ordi�s. � �� � , - Title CY Date Date of Police At MnSCU003 � By: Title: Director, FSO Date: By (authorized Collegeluniversit signature) ' , - , Titl - Da `�'" - ; �°.:: � � ' � . By (aut6orized Eollege/iJnivp��.,ty signature) , - � / �//,//t , Title �- - � . '� � ' Director, Pu ic S�afety/Transportation � Date ` anuary 28, 2010/ 3 10-507 FY 2010 Spending WaiverRequestForm SP10-391 Recieved 3/22/10 3 � (�-� �� Requesting Department: PO��� Yraining � - ��k� 1) Description of spending requesi: Please list specific purchases that are being requested including the amount. We need to rent the driving track at Dakota County Technicai College for state mandated POST training for 16 days for the total amount of $17, 600. How long can this purchase be delayed? Ii cannot as it is POST mandated. What is the service or business impact of delaying this purchase until 2011? All 605 officers need this training every 3 years. Therefore we train every year. Some officers would not be in compliance with POST if this was delayed. 2) 2010 budget authority: is this expense included in the 2Q10 budget? • 2010 cost: $17, 600.00 • Object Code: 0289 . Fund: q36 . 5 digit budget activity #: 34117 If this expense was not ant�cipated in the 2010 budget, what is the financing plan? This . F -7 or additional information contact: Paul Iovino, paul.iovino@ci.stpaul.mn.us, 651-266-5558 UY-2VknQ.p� �_sc�� Name,EmailandPhone Department Approval: Approved by Mayo�'s Office: �/ � �