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97-616�:�t � { �; E if ,f.. � : r�. z "'"( ��. `:a§��_._� WHEREAS, the Department department employees, and a�- Presented By: Referred To: � z 3 a 5 6 � s s �o it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Council File # `�"�0�� Green Sheet # 30D22 Comm'Rtee: Date Services wishes to provide specialized training for WtiEREAS, Dakota County Technical Coltege offers to provide an Emergency Response Driving Course wh+ch meets the training needs of our department, NOW THEREFORE BE IT RESOLVED, that the proper city officials are hereby authorized and direeted to execute an agreement with Dakota County Technical College for the purpose o4 purchasing training services for Fire Department empfoyees; a copy of said agreement to be kept on fiIe and of record in the Office of Financial Services. Adopted by Council: Date M � c Adoption Certified by Council Secr ry: Requested by Department of: _ _ _ .ES� � �� �.�' �.. ,� -- . - .-. . ..-.-'- - . w� � � Form Ap,}�roved by By: 8y: / Ap{ Approved by Mayor. Date a.��3 /g By: Sy: . jf�_ ��/ C - to council: DEPAR'IMENI'/OPFICPIGO[INCQ, DATE ]ED �`_\`_ o Rl FireandSafetyServices 5/6/97 GREEN SHEET NO. 30022 WNfAC[PQtSUN&PIiONE QI DEPARIMENLDIRECLOR �4 CtiYCOUNCS, David Pleasazrts 228-6223 �_ cc�x nrcoxNSx � crcz ccmx M6SLBEONCOUNLR.A(iII�1DABY(DA'f� BUDC�'iDIRECIDR � FIN.$MGf_SpLVICESDIR �3 MAYOR(ORASSLSfANn S � CFllEFACCOUNtANf TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNAI'URE) ONREQUESTm To approve the attached Council Resolurion authorizing the Departinen[ of Fire & Safety Services to entu into a training conhact with Dakota County Technicai College. RECOMI.IE[.DA]IONS:App�ove(A)orRej�(R) PERSONAI.SERVICECONl'RACTSMUSTANSWERTHEFOI,I.OWINGQUE5ITONS: etat�wccohamss[ON _cNn.sE2vICE Coa.svsS�oN l. Has this persodfum ever worked under a contract for tltis department? cmcoMnartg ^ YES NO a_sr� _ I 2. Has ihis person/fum ever beeu a ciTy employee? DISIAICICOURT _ ` YES NO sweoxts wtncHCOmvc¢ oarECmt� 3. Does this persoNfvm possess a skill not noimally possessed by a�ry curtent city employee? YES NO (Eaplain al! yes ausweis on separatc sheet and attach to green sheet) QJ[f[A'LINGPAOBLEhS�LSSUE.OPP0RTt7Ni'IYI0.Tn.Whm,WBm.Wha¢,WbY). , ..`� Driving in Emergency Response situations presents dangers which can be lessened with preventive training. ����.' ���� ry s< 6�AY 10 199T �� � � �� �� ADVANTAGESQ�'APPROVID , _ . .• Preventive training will result in safer drivers which will reduce the risk of accidents both to our employees and to the generai public in the � community we serve. DLSADVANTAGESIFAPPROVED. None. P�E.�i�i� ���v 2 p 1991 ;r�YOPC'S �FFIC� DI9ADVANTAGfS OFNOTAPPROVID: More risk that could be reduced with preventive ffaining. � 'SO�s , a;Porb .e{._ � °' _ ; �9;II�'. 5��� fe ' ��7�7� MTpLAMOUNTOF'[RANSAGTfON _ J OOO.00 COST(REVENUEBWGF.fED(CIRCLEONE) � NO �w�so�� General Fund A��� 05100-0299-50604 tvanNCU� mt'oxnunox: �ra� Minnesota St2te Colleges antl UniversiUes ��� �D�,��� An Equal OpporNniry Etlucator/Employer � • • • Y • Aprif 21, 1997 Dave Pleasants St Paul Fire Department 1683 Energy Park Drive St Pau4 MN 55108 Dear Mr. Pleasants: q'1ao�b Accredited by the Commfss�on on Instrtuuons of Higher Etlucanon North Certrel Assoc�ation of CoReges ar�d Schools This letter is in regard to the Emergency Response Driving program that is being proposed jointly by Customized Training, Dakota County Technical College and the City of St Paul Fire Department. Below is a summary of our agreement. PROGRAM TlTLE: DATE(S) OF CLASS: LOCAI"ION: Emergency Respanse Driving July 25, 28, and 29, 1997. Dakota County Technical College A Customized Training Contract is attached to this letter which outlines the duties and responsibilities of this training agreement. We thank you for your cooperation on this program and we {ook forward to working with you. Please return a copy of this signed agreement upon approval by the City of St Paui Fire Department. You may return the agreement to my attention. Sincerely, DAKOTA COUNTY T� :,--`/ � CAL COLLEGE ��� Darrel Leach, Director Minnesota Vehicie Safety Training & Research Center Telephone Number: (612) 423-8482 cc Rosemary Winchefl Caroline Harris File � �300 145th Street Easi (County Road 42) • Rosemount, MN 55068-2999 �(6�2) 423-8292 FAX (612) 423-8762 DAKOTA COUN'fY TECHNiCAL COLLEGE CUSTOMIZED TRAINlNG GONTRACT ���b Dakota County Technical Coilege ("Coliege/University") (by virtue of its delegated authority from the Board of Trustees of the Minnesota State Colleges and Universities) and the City of St Paul Fire Departmenf ("Purchase�") agree as follows: DllTIES OF THE COLLEGE/UNIVERSITY. The Co{Iege/University agrees to provide the foilowing: Title of Instruction/Activity/Service: Date(s) af Instruction/ActivitylService Instructor/Trainer/Consultant: Emergency Response Driving Course ,luly 25, 28, and 29, 1997 Greg Smith Location: Dakota County Technical Coliege, 1300 East 145` Street, Rosemount MN 55068. Other Provisions: 6-hour driving course; 1 hour classroom, 5 hours on-course instruction. Il: DUTIES OF THE PURGHASER. The Purchaser agrees to provide additional equipment for the Evasive maneuvers/confrolled braking exercise, and backing exercise. III: SITE OF INSTRUCTIONlACTIVI7Y/SERVICE. Dakota County Technical Col(egeshall make a(I of the arrangements, incl�ding any payment, for the location to be used for the I nstru ction/ActivitylService. IV. CONSIDERATION AiVD TERMS OF PAYMENl". A. Cost. Cost of Instruction/Activity/Service (total or per hour): $145.00 per participant (6- hour course), minimum 8 students per class; maximum 12 students per ciass. Other fees: Notwithstanding the 30 {thirty) day notice period established in paragraph VII, in the event that the Purchaser desires to cancel or reschedule the Instruction/Activity/Service due to low enrollment, Purchaser shal{ give notice in writing to the College/University's authorized agent to cancei or reschedule. If the Instruction/Activity/Service is cancelled as provided herein, the College/University shail be entitled to payment calculated according to paragraph VII. If the InstructionlActivitylService is rescheduled as provided herein, payment shall be according to th+s paragraph IV. S. Terms of Payment. The CollegelUniversity wi0 send an invoice for the InstruetioniActivity/Service performed. The Purchaser wili pay within 30 days of receiving the invoice. Please send the payment to: a�b�b Dakota County Technical College Attn: Caroline Harris 1300 145th Street East Rosemount, MN 55Q6&-2999 V. AUTHORIZED AGENTS FOR THE PURPOSES OF THIS CONTRACT. A. Purchaser's authorized agent: Dave Pieasants B. College/University's authorized agent: Sharon LaComb or Gary Hebert VI. TERM OF CONTRACT. A. Effective date: July 25, 1997 B. End dafe: July 29, 1997, or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. V(1. CANCELLATIOtV. This contract may be canceled by the Purchaser or the Coliege/University at any time, with or without cause, upon thirty (30) days' written notice to the other party. In the event of such a canceflation, the CollegelUniversity shall be entitfed to payment, determined on a pro rata basis, for work or fnstruction/Activity/Service satisfactorily performed. VIII. ASSIGNMENT. Neither the Purchaser nor the College/University shall assign or transfer any rights or obligations under this contract without prior written approval of the other party. IX. L{A$IL{TY. Purchaser agrees to indemnify and save and hofd the College/University, its agents and employees harmfess from any and aii claims or causes ot action arising from the performance ofi 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 Coliegelllniversity's failure to fulfill its obligations pursuant to this contract. X. AMERICANS WITH DISABfLl71ES ACT (ADAI COMPLIANCE. The Purchaser agrees that in fuifilling the duties of this contract, the Purchaser is responsible for complying with the Americans with Disabilities Act, 42 U. S. C. Section 12101, et seq. and regulations promulgated pursuanf to it. The CollegelUniversity IS NOT responsible for issues or chailenges 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 contract shall be in writing and shafl be executed by the same parties who executed the original contract or their successors in o�ce. XIf. DATA PRACTICES. The Purchaser agrees to compiy with the Minnesota Data Practices Act as it applies to all data provided by the College/University in accordance with this contract and as it applies to all data created, gathered, generated, or acquired in accordance with this contract. a XIII. RIGHTS IN ORIGINAL MATERIALS. The College/University shal{ own al{ rights, including all intellectual property rights, in al{ originai materiafs, including any curriculum materials, inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based tsaining modu4es, eleefsonically or magnetically recorded material, and other work +n whatever fiorm, developed by the College/University and its empioyees ind�vidually orjointly with others or any subcontractor in the performance of its obligations under this contract. This provision sha44 not apply to the following mater9als: XIV. OTHER PROVISIONS. (Attach additional page(s) if necessary): lN WITNESS WHEREOF, the pa�ties have caused this contract fo be duly executed intending to be bound thereby. 1. PURCHASER (Authorized signature) By TltlP Saint Paul Fire Chief By Tftie Director of Financial Services 2. Dakota County Technical Co{4ege Sy (authorized signature) Title APPROVED AS TO FORM By Title Assistant City Attorney Date DatP �:�t � { �; E if ,f.. � : r�. z "'"( ��. `:a§��_._� WHEREAS, the Department department employees, and a�- Presented By: Referred To: � z 3 a 5 6 � s s �o it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Council File # `�"�0�� Green Sheet # 30D22 Comm'Rtee: Date Services wishes to provide specialized training for WtiEREAS, Dakota County Technical Coltege offers to provide an Emergency Response Driving Course wh+ch meets the training needs of our department, NOW THEREFORE BE IT RESOLVED, that the proper city officials are hereby authorized and direeted to execute an agreement with Dakota County Technical College for the purpose o4 purchasing training services for Fire Department empfoyees; a copy of said agreement to be kept on fiIe and of record in the Office of Financial Services. Adopted by Council: Date M � c Adoption Certified by Council Secr ry: Requested by Department of: _ _ _ .ES� � �� �.�' �.. ,� -- . - .-. . ..-.-'- - . w� � � Form Ap,}�roved by By: 8y: / Ap{ Approved by Mayor. Date a.��3 /g By: Sy: . jf�_ ��/ C - to council: DEPAR'IMENI'/OPFICPIGO[INCQ, DATE ]ED �`_\`_ o Rl FireandSafetyServices 5/6/97 GREEN SHEET NO. 30022 WNfAC[PQtSUN&PIiONE QI DEPARIMENLDIRECLOR �4 CtiYCOUNCS, David Pleasazrts 228-6223 �_ cc�x nrcoxNSx � crcz ccmx M6SLBEONCOUNLR.A(iII�1DABY(DA'f� BUDC�'iDIRECIDR � FIN.$MGf_SpLVICESDIR �3 MAYOR(ORASSLSfANn S � CFllEFACCOUNtANf TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNAI'URE) ONREQUESTm To approve the attached Council Resolurion authorizing the Departinen[ of Fire & Safety Services to entu into a training conhact with Dakota County Technicai College. RECOMI.IE[.DA]IONS:App�ove(A)orRej�(R) PERSONAI.SERVICECONl'RACTSMUSTANSWERTHEFOI,I.OWINGQUE5ITONS: etat�wccohamss[ON _cNn.sE2vICE Coa.svsS�oN l. Has this persodfum ever worked under a contract for tltis department? cmcoMnartg ^ YES NO a_sr� _ I 2. Has ihis person/fum ever beeu a ciTy employee? DISIAICICOURT _ ` YES NO sweoxts wtncHCOmvc¢ oarECmt� 3. Does this persoNfvm possess a skill not noimally possessed by a�ry curtent city employee? YES NO (Eaplain al! yes ausweis on separatc sheet and attach to green sheet) QJ[f[A'LINGPAOBLEhS�LSSUE.OPP0RTt7Ni'IYI0.Tn.Whm,WBm.Wha¢,WbY). , ..`� Driving in Emergency Response situations presents dangers which can be lessened with preventive training. ����.' ���� ry s< 6�AY 10 199T �� � � �� �� ADVANTAGESQ�'APPROVID , _ . .• Preventive training will result in safer drivers which will reduce the risk of accidents both to our employees and to the generai public in the � community we serve. DLSADVANTAGESIFAPPROVED. None. P�E.�i�i� ���v 2 p 1991 ;r�YOPC'S �FFIC� DI9ADVANTAGfS OFNOTAPPROVID: More risk that could be reduced with preventive ffaining. � 'SO�s , a;Porb .e{._ � °' _ ; �9;II�'. 5��� fe ' ��7�7� MTpLAMOUNTOF'[RANSAGTfON _ J OOO.00 COST(REVENUEBWGF.fED(CIRCLEONE) � NO �w�so�� General Fund A��� 05100-0299-50604 tvanNCU� mt'oxnunox: �ra� Minnesota St2te Colleges antl UniversiUes ��� �D�,��� An Equal OpporNniry Etlucator/Employer � • • • Y • Aprif 21, 1997 Dave Pleasants St Paul Fire Department 1683 Energy Park Drive St Pau4 MN 55108 Dear Mr. Pleasants: q'1ao�b Accredited by the Commfss�on on Instrtuuons of Higher Etlucanon North Certrel Assoc�ation of CoReges ar�d Schools This letter is in regard to the Emergency Response Driving program that is being proposed jointly by Customized Training, Dakota County Technical College and the City of St Paul Fire Department. Below is a summary of our agreement. PROGRAM TlTLE: DATE(S) OF CLASS: LOCAI"ION: Emergency Respanse Driving July 25, 28, and 29, 1997. Dakota County Technical College A Customized Training Contract is attached to this letter which outlines the duties and responsibilities of this training agreement. We thank you for your cooperation on this program and we {ook forward to working with you. Please return a copy of this signed agreement upon approval by the City of St Paui Fire Department. You may return the agreement to my attention. Sincerely, DAKOTA COUNTY T� :,--`/ � CAL COLLEGE ��� Darrel Leach, Director Minnesota Vehicie Safety Training & Research Center Telephone Number: (612) 423-8482 cc Rosemary Winchefl Caroline Harris File � �300 145th Street Easi (County Road 42) • Rosemount, MN 55068-2999 �(6�2) 423-8292 FAX (612) 423-8762 DAKOTA COUN'fY TECHNiCAL COLLEGE CUSTOMIZED TRAINlNG GONTRACT ���b Dakota County Technical Coilege ("Coliege/University") (by virtue of its delegated authority from the Board of Trustees of the Minnesota State Colleges and Universities) and the City of St Paul Fire Departmenf ("Purchase�") agree as follows: DllTIES OF THE COLLEGE/UNIVERSITY. The Co{Iege/University agrees to provide the foilowing: Title of Instruction/Activity/Service: Date(s) af Instruction/ActivitylService Instructor/Trainer/Consultant: Emergency Response Driving Course ,luly 25, 28, and 29, 1997 Greg Smith Location: Dakota County Technical Coliege, 1300 East 145` Street, Rosemount MN 55068. Other Provisions: 6-hour driving course; 1 hour classroom, 5 hours on-course instruction. Il: DUTIES OF THE PURGHASER. The Purchaser agrees to provide additional equipment for the Evasive maneuvers/confrolled braking exercise, and backing exercise. III: SITE OF INSTRUCTIONlACTIVI7Y/SERVICE. Dakota County Technical Col(egeshall make a(I of the arrangements, incl�ding any payment, for the location to be used for the I nstru ction/ActivitylService. IV. CONSIDERATION AiVD TERMS OF PAYMENl". A. Cost. Cost of Instruction/Activity/Service (total or per hour): $145.00 per participant (6- hour course), minimum 8 students per class; maximum 12 students per ciass. Other fees: Notwithstanding the 30 {thirty) day notice period established in paragraph VII, in the event that the Purchaser desires to cancel or reschedule the Instruction/Activity/Service due to low enrollment, Purchaser shal{ give notice in writing to the College/University's authorized agent to cancei or reschedule. If the Instruction/Activity/Service is cancelled as provided herein, the College/University shail be entitled to payment calculated according to paragraph VII. If the InstructionlActivitylService is rescheduled as provided herein, payment shall be according to th+s paragraph IV. S. Terms of Payment. The CollegelUniversity wi0 send an invoice for the InstruetioniActivity/Service performed. The Purchaser wili pay within 30 days of receiving the invoice. Please send the payment to: a�b�b Dakota County Technical College Attn: Caroline Harris 1300 145th Street East Rosemount, MN 55Q6&-2999 V. AUTHORIZED AGENTS FOR THE PURPOSES OF THIS CONTRACT. A. Purchaser's authorized agent: Dave Pieasants B. College/University's authorized agent: Sharon LaComb or Gary Hebert VI. TERM OF CONTRACT. A. Effective date: July 25, 1997 B. End dafe: July 29, 1997, or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. V(1. CANCELLATIOtV. This contract may be canceled by the Purchaser or the Coliege/University at any time, with or without cause, upon thirty (30) days' written notice to the other party. In the event of such a canceflation, the CollegelUniversity shall be entitfed to payment, determined on a pro rata basis, for work or fnstruction/Activity/Service satisfactorily performed. VIII. ASSIGNMENT. Neither the Purchaser nor the College/University shall assign or transfer any rights or obligations under this contract without prior written approval of the other party. IX. L{A$IL{TY. Purchaser agrees to indemnify and save and hofd the College/University, its agents and employees harmfess from any and aii claims or causes ot action arising from the performance ofi 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 Coliegelllniversity's failure to fulfill its obligations pursuant to this contract. X. AMERICANS WITH DISABfLl71ES ACT (ADAI COMPLIANCE. The Purchaser agrees that in fuifilling the duties of this contract, the Purchaser is responsible for complying with the Americans with Disabilities Act, 42 U. S. C. Section 12101, et seq. and regulations promulgated pursuanf to it. The CollegelUniversity IS NOT responsible for issues or chailenges 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 contract shall be in writing and shafl be executed by the same parties who executed the original contract or their successors in o�ce. XIf. DATA PRACTICES. The Purchaser agrees to compiy with the Minnesota Data Practices Act as it applies to all data provided by the College/University in accordance with this contract and as it applies to all data created, gathered, generated, or acquired in accordance with this contract. a XIII. RIGHTS IN ORIGINAL MATERIALS. The College/University shal{ own al{ rights, including all intellectual property rights, in al{ originai materiafs, including any curriculum materials, inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based tsaining modu4es, eleefsonically or magnetically recorded material, and other work +n whatever fiorm, developed by the College/University and its empioyees ind�vidually orjointly with others or any subcontractor in the performance of its obligations under this contract. This provision sha44 not apply to the following mater9als: XIV. OTHER PROVISIONS. (Attach additional page(s) if necessary): lN WITNESS WHEREOF, the pa�ties have caused this contract fo be duly executed intending to be bound thereby. 1. PURCHASER (Authorized signature) By TltlP Saint Paul Fire Chief By Tftie Director of Financial Services 2. Dakota County Technical Co{4ege Sy (authorized signature) Title APPROVED AS TO FORM By Title Assistant City Attorney Date DatP �:�t � { �; E if ,f.. � : r�. z "'"( ��. `:a§��_._� WHEREAS, the Department department employees, and a�- Presented By: Referred To: � z 3 a 5 6 � s s �o it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Council File # `�"�0�� Green Sheet # 30D22 Comm'Rtee: Date Services wishes to provide specialized training for WtiEREAS, Dakota County Technical Coltege offers to provide an Emergency Response Driving Course wh+ch meets the training needs of our department, NOW THEREFORE BE IT RESOLVED, that the proper city officials are hereby authorized and direeted to execute an agreement with Dakota County Technical College for the purpose o4 purchasing training services for Fire Department empfoyees; a copy of said agreement to be kept on fiIe and of record in the Office of Financial Services. Adopted by Council: Date M � c Adoption Certified by Council Secr ry: Requested by Department of: _ _ _ .ES� � �� �.�' �.. ,� -- . - .-. . ..-.-'- - . w� � � Form Ap,}�roved by By: 8y: / Ap{ Approved by Mayor. Date a.��3 /g By: Sy: . jf�_ ��/ C - to council: DEPAR'IMENI'/OPFICPIGO[INCQ, DATE ]ED �`_\`_ o Rl FireandSafetyServices 5/6/97 GREEN SHEET NO. 30022 WNfAC[PQtSUN&PIiONE QI DEPARIMENLDIRECLOR �4 CtiYCOUNCS, David Pleasazrts 228-6223 �_ cc�x nrcoxNSx � crcz ccmx M6SLBEONCOUNLR.A(iII�1DABY(DA'f� BUDC�'iDIRECIDR � FIN.$MGf_SpLVICESDIR �3 MAYOR(ORASSLSfANn S � CFllEFACCOUNtANf TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNAI'URE) ONREQUESTm To approve the attached Council Resolurion authorizing the Departinen[ of Fire & Safety Services to entu into a training conhact with Dakota County Technicai College. RECOMI.IE[.DA]IONS:App�ove(A)orRej�(R) PERSONAI.SERVICECONl'RACTSMUSTANSWERTHEFOI,I.OWINGQUE5ITONS: etat�wccohamss[ON _cNn.sE2vICE Coa.svsS�oN l. Has this persodfum ever worked under a contract for tltis department? cmcoMnartg ^ YES NO a_sr� _ I 2. Has ihis person/fum ever beeu a ciTy employee? DISIAICICOURT _ ` YES NO sweoxts wtncHCOmvc¢ oarECmt� 3. Does this persoNfvm possess a skill not noimally possessed by a�ry curtent city employee? YES NO (Eaplain al! yes ausweis on separatc sheet and attach to green sheet) QJ[f[A'LINGPAOBLEhS�LSSUE.OPP0RTt7Ni'IYI0.Tn.Whm,WBm.Wha¢,WbY). , ..`� Driving in Emergency Response situations presents dangers which can be lessened with preventive training. ����.' ���� ry s< 6�AY 10 199T �� � � �� �� ADVANTAGESQ�'APPROVID , _ . .• Preventive training will result in safer drivers which will reduce the risk of accidents both to our employees and to the generai public in the � community we serve. DLSADVANTAGESIFAPPROVED. None. P�E.�i�i� ���v 2 p 1991 ;r�YOPC'S �FFIC� DI9ADVANTAGfS OFNOTAPPROVID: More risk that could be reduced with preventive ffaining. � 'SO�s , a;Porb .e{._ � °' _ ; �9;II�'. 5��� fe ' ��7�7� MTpLAMOUNTOF'[RANSAGTfON _ J OOO.00 COST(REVENUEBWGF.fED(CIRCLEONE) � NO �w�so�� General Fund A��� 05100-0299-50604 tvanNCU� mt'oxnunox: �ra� Minnesota St2te Colleges antl UniversiUes ��� �D�,��� An Equal OpporNniry Etlucator/Employer � • • • Y • Aprif 21, 1997 Dave Pleasants St Paul Fire Department 1683 Energy Park Drive St Pau4 MN 55108 Dear Mr. Pleasants: q'1ao�b Accredited by the Commfss�on on Instrtuuons of Higher Etlucanon North Certrel Assoc�ation of CoReges ar�d Schools This letter is in regard to the Emergency Response Driving program that is being proposed jointly by Customized Training, Dakota County Technical College and the City of St Paul Fire Department. Below is a summary of our agreement. PROGRAM TlTLE: DATE(S) OF CLASS: LOCAI"ION: Emergency Respanse Driving July 25, 28, and 29, 1997. Dakota County Technical College A Customized Training Contract is attached to this letter which outlines the duties and responsibilities of this training agreement. We thank you for your cooperation on this program and we {ook forward to working with you. Please return a copy of this signed agreement upon approval by the City of St Paui Fire Department. You may return the agreement to my attention. Sincerely, DAKOTA COUNTY T� :,--`/ � CAL COLLEGE ��� Darrel Leach, Director Minnesota Vehicie Safety Training & Research Center Telephone Number: (612) 423-8482 cc Rosemary Winchefl Caroline Harris File � �300 145th Street Easi (County Road 42) • Rosemount, MN 55068-2999 �(6�2) 423-8292 FAX (612) 423-8762 DAKOTA COUN'fY TECHNiCAL COLLEGE CUSTOMIZED TRAINlNG GONTRACT ���b Dakota County Technical Coilege ("Coliege/University") (by virtue of its delegated authority from the Board of Trustees of the Minnesota State Colleges and Universities) and the City of St Paul Fire Departmenf ("Purchase�") agree as follows: DllTIES OF THE COLLEGE/UNIVERSITY. The Co{Iege/University agrees to provide the foilowing: Title of Instruction/Activity/Service: Date(s) af Instruction/ActivitylService Instructor/Trainer/Consultant: Emergency Response Driving Course ,luly 25, 28, and 29, 1997 Greg Smith Location: Dakota County Technical Coliege, 1300 East 145` Street, Rosemount MN 55068. Other Provisions: 6-hour driving course; 1 hour classroom, 5 hours on-course instruction. Il: DUTIES OF THE PURGHASER. The Purchaser agrees to provide additional equipment for the Evasive maneuvers/confrolled braking exercise, and backing exercise. III: SITE OF INSTRUCTIONlACTIVI7Y/SERVICE. Dakota County Technical Col(egeshall make a(I of the arrangements, incl�ding any payment, for the location to be used for the I nstru ction/ActivitylService. IV. CONSIDERATION AiVD TERMS OF PAYMENl". A. Cost. Cost of Instruction/Activity/Service (total or per hour): $145.00 per participant (6- hour course), minimum 8 students per class; maximum 12 students per ciass. Other fees: Notwithstanding the 30 {thirty) day notice period established in paragraph VII, in the event that the Purchaser desires to cancel or reschedule the Instruction/Activity/Service due to low enrollment, Purchaser shal{ give notice in writing to the College/University's authorized agent to cancei or reschedule. If the Instruction/Activity/Service is cancelled as provided herein, the College/University shail be entitled to payment calculated according to paragraph VII. If the InstructionlActivitylService is rescheduled as provided herein, payment shall be according to th+s paragraph IV. S. Terms of Payment. The CollegelUniversity wi0 send an invoice for the InstruetioniActivity/Service performed. The Purchaser wili pay within 30 days of receiving the invoice. Please send the payment to: a�b�b Dakota County Technical College Attn: Caroline Harris 1300 145th Street East Rosemount, MN 55Q6&-2999 V. AUTHORIZED AGENTS FOR THE PURPOSES OF THIS CONTRACT. A. Purchaser's authorized agent: Dave Pieasants B. College/University's authorized agent: Sharon LaComb or Gary Hebert VI. TERM OF CONTRACT. A. Effective date: July 25, 1997 B. End dafe: July 29, 1997, or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. V(1. CANCELLATIOtV. This contract may be canceled by the Purchaser or the Coliege/University at any time, with or without cause, upon thirty (30) days' written notice to the other party. In the event of such a canceflation, the CollegelUniversity shall be entitfed to payment, determined on a pro rata basis, for work or fnstruction/Activity/Service satisfactorily performed. VIII. ASSIGNMENT. Neither the Purchaser nor the College/University shall assign or transfer any rights or obligations under this contract without prior written approval of the other party. IX. L{A$IL{TY. Purchaser agrees to indemnify and save and hofd the College/University, its agents and employees harmfess from any and aii claims or causes ot action arising from the performance ofi 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 Coliegelllniversity's failure to fulfill its obligations pursuant to this contract. X. AMERICANS WITH DISABfLl71ES ACT (ADAI COMPLIANCE. The Purchaser agrees that in fuifilling the duties of this contract, the Purchaser is responsible for complying with the Americans with Disabilities Act, 42 U. S. C. Section 12101, et seq. and regulations promulgated pursuanf to it. The CollegelUniversity IS NOT responsible for issues or chailenges 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 contract shall be in writing and shafl be executed by the same parties who executed the original contract or their successors in o�ce. XIf. DATA PRACTICES. The Purchaser agrees to compiy with the Minnesota Data Practices Act as it applies to all data provided by the College/University in accordance with this contract and as it applies to all data created, gathered, generated, or acquired in accordance with this contract. a XIII. RIGHTS IN ORIGINAL MATERIALS. The College/University shal{ own al{ rights, including all intellectual property rights, in al{ originai materiafs, including any curriculum materials, inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based tsaining modu4es, eleefsonically or magnetically recorded material, and other work +n whatever fiorm, developed by the College/University and its empioyees ind�vidually orjointly with others or any subcontractor in the performance of its obligations under this contract. This provision sha44 not apply to the following mater9als: XIV. OTHER PROVISIONS. (Attach additional page(s) if necessary): lN WITNESS WHEREOF, the pa�ties have caused this contract fo be duly executed intending to be bound thereby. 1. PURCHASER (Authorized signature) By TltlP Saint Paul Fire Chief By Tftie Director of Financial Services 2. Dakota County Technical Co{4ege Sy (authorized signature) Title APPROVED AS TO FORM By Title Assistant City Attorney Date DatP