HomeMy WebLinkAboutContract 22122212
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STATE OF MINNESOTA
MINfiTESOTA STATE COLLEGES AND UNIVERSITIES
HENNEPIN TECHNICAL COLLEGE
CUSTOMIZED TRAINING CONTRACT
Contract #10035
THIS CONTRACT is between Hennepin Technical College (hereinafter "COLLEGE") located at 1.3100
Co11e~e View Drive, Eden Prairie, Minnesota 55347 acting by virtue of its delegated authority from. the
Board of Trustees of the Minnesota State Colleges and. Universities, and Citv of Columbia Heibhts, Attn:
Gary Gorman (hereinafter "CLIENT") located at Ss5 Mill Street, Columbia Heights, MN 55418;
L COLLEGE'S DUTIES. The COLLEGE agrees to provide the following:
Title of Instruction: Classes and Fire Training Classes/Services as Requested
Date (s} of Instruction: to be mutually agreed upon between August 1, 2009 and no later
than August 30, 2012
Name of Instructor: Staff
Location: to be mutually a~nwed upon
Other: provide handout
II. CLIENT'S DUTIES. The CLIENT agrees ta:
A. roster of participants for each class
B. required teat books
C. make all contacts for training and services through the college and will not employ the
presenter/instructor directly for additional sessions.
III. SITE OF INSTRUCTION.
CLIENT shall make all of the arrangements, including any payment; for the location to be used for the
training.
IV. CONSIDERATION AI~TD TER1~2S OF PAYl~~1ENT.
A. Cost: No charge up to a total value of twenty thousand dollars (520,000.00). Does not include the.
cost of any required test books or the one time twenty dollar (520.00) COLLEGE
application fee for each new student.
CLIENT will donate a 1977 Ford L9000 General Safety Fire truck (refurbished 1996}
(K90AVX90209) to COLLEGE'S Fire Protection Program. Included A eompliznent of 4" supply
hose. 2 1/z" and 1 '/z " lzandlines including nozzles. Ladders and misc. loose equipment. A standard
COLLEGE donation forn7 will be used. to document the donation.
Contract #10035 g
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In the event that the CLIENT desire 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 instruction is cancelled with less than five (~} days notice the
COLLEGE shall. be entitled to deduct the cost of the class from the twenty thousand dollars
(520,000.00) set forth in paragraph IV. A. If the instruction is rescheduled as provided herein,
payment shall be according to this paragraph IV.
Teens of payment. The COLLEGE will submit an invoice for the instruction performed. The
CLIENT will pay within thirty (30) days of receiving the invoice. Please submit payment to:
Hennepin Technical College, Attn: Business Office, 900CI Brooklyn Blvd, Brooklyn Park MN 55445
V. AUTHORIZED REPRESENTATIVES. All commuiucations regarding the terms of this contract
shall be submitted to the following persons:
A. TRAI,'~TING AND BUSINTESS DEVELOPMENT DIRECTOR:
Name: Scott Miller
Phone: 952-995-1319 Fax: 952-995-I331 E-Mail: Scott.Miller(a;!hennepintech.edu
PROJECT MANAGER/TRAINING DEVELOPMENT DIRECTOR:
Name: Todd Seitz
Phone: 952-995-1329 Fax: 952-995-1331 E-Mail: Todd,Seitzruhennepintech.edu
B. CLIENT CONTACT PERSON/BLLLING ADDRESS:
Name: Gary Gorman.
Title: Fire Chief
Address: 555 Mill Street, Columbia Heights, ~TIvT 55418
Phone: 763-706-3650 Fax: 763-706-3651 E-Mail: gary.gorman~?ci.columbia-
hei~hts.mn.us _
VI. TERM OF CONTRACT.
A. Effective Date: August 1, 2009
B. End Date: August 30, 2012, or until all obligations set forth in this contract have been
satisfactorily fulfilled, whichever occurs first.
VII. CANCELLATION. Tlus contract may be cancelled by the COLLEGE or the CLIENT at any time,
with or without cause, upon thirty (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 rata basis, for work or
instruction satisfactorily performed.
VIII. 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.
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 shall not be responsible for the acts of the other
party 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.
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If materials are being provided to the COLLEGE by the CLIENT, the CLIEN?T atrrees to be
responsible for and indemnify and defend, with the approval of the Attorney 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 international patent(s), copyright(s), trademark(s), tradename(s),
servicemark(s) and servicename(s) or trade secret(s).
~. AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE. The CLIENT agrees that in
fulfilling the duties of this contract, the CLIENT 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 areas 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 ori~~inal contract or their successors in office.
XII. GOVERNMENT DATA PRACTICES ACT. The CLIENT must comply with the Minnesota
Government 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 or the COLLEGE.
In the event the CLIENT receives a request to release the data referred to in this Article, the CLIENT
must inunediately notify the COLLEGE. The COLLEGE will ~ive the CLIENT instructions
concerning the release of the data to the requesting party before tine data is released.
XIII. RIGHTS INT ORIGI2s~AL MATERIALS. The COLLEGE shall own all ri ~rhts, including all
intellectual property rights, in all original materials. including any curriculum materials, inventions,
reports. studies, desig~~s, drawings, specifications, notes, documents, software and documentation.
computer based training modules, electronically or magnetically recorded. materials, and other work
in whatever form, developed by the COLLEGE and its employees individually or jointly with others
or any subcontractor in the performance of its obligations under this contract. This provision shaiI not
apply to the following materials: N/A
XIV"". T[JRSIDICTION AND VEI~TLTE. This contract, and amendments and supplements thereto, shall be
governed by the laws of the State of Mimnesota. Venue for all Iega1 proceedings arising out of this
contract, or breach thereof, shall be in the state or federal court ~~~ith competent jurisdiction in Ramsey
County, Minnesota.
XV. OTHER PROVISIONS. (Attach additional page(s) ifnecessaryj: N/A
A. The books, records, documents, and accounting procedures and practices of the parties relevant to
this Contract are subject to examination by the CLIENT and either Legislative Auditor or the
State Auditor for a period of six (6) years after the effective date of this Contract pursuant to
Minn. Stat. Section 16C.05, subd. 5.
B. COLLEGE agrees to accept the Fire Engine in an "AS-IS" condition wTith no warranties. both.
express and implied, or guarantees by the CLIENT regardin_a the condition or further use of the
Fire Engine. On delivery, the COLLEGE, ~~ill assume all responsibility for maintaining, repairing
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and operating the Fire Engine. The AS-IS condition includes the wear and tear of the CLIENT'S
previous use of the Fire Engine.
IN WITNESS WHEREOF, the parties have caused tlvs contract to be duly executed intending to be bound
thereby.
APPROVED:
1. HENNEPLN "TECHNIC COLLEGE
B,y• r ~~-~~<-s
(Sia~iaticre ofpersofz autlzori,ed fo sign o~z behalf of COLLEGE)
Title: Business Manager
Date: ~ _i~t'_ ~ij-
2. CITY OF COLITMBIA IG TS
CLIENT eertifie~ that they appr priate person(s) have e~:ecuted this contract on behalf of the
CLI ~ s-.~e fired by ~pp~i~; ~c~es~; h~==la~~s, resolutions or ordinances. > ~,~
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