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HomeMy WebLinkAboutContract 2011 2358 HennepinTechnical Customized Framing S STATE OF MINNESOTA MD'NESOTA STATE COLLEGES AND UNWERSITIES HENNEPIN TECHNICAL COLLEGE CUSTOMIZED TRAINING INCOME CONTRACT Contract #11145 THIS CONTRACT is between Hennepin Technical College (hereinafter "STATE") located at Law Enforcement & Criminal Justice Education Center, 9110 Brooklyn Boulevard, Brooklyn Park, MN 55445 2389 acting by virtue of its delegated authority from the Board of Trustees of the Minnesota State Colleges and Universities, and City of Columbia Heights Police Department, Attn: Sgt. Matt Markham, (hereinafter "PURCHASER") located at 825 41 Avenue North, Columbia Heights, MN 55421; I. DUTIES {)[ THE STATE. The STATE agrees to provide the foliowing: Title nfInstruction: Department Dnae,viue— Use of Force Refresher Date (s) oflnstruction: Tuesday, April 12 and Thursday, April 28, 2011 9:00um.— noon and l:0Op.no. 4:00 p.m. Name ufInstructor: Stu Robinson, Shawn Watson Location: Annandale Tactical Training Center, 551 Poplar Lane South, Annandale, MN O. DUT1ES OF THE PURCHASER. The PURCHASER agrees to: A. provide a roster of participants, minimum of one (1) and maximum of eighteen (18) with an estimate of fifteen (15) each day. Email to stusobinson@hennepintech.edu at least three (3) business days prior to start date. B. make all contacts for training and services through the STATE and will not ernploy the presenter/instructor directly for additiona! sessions. D[ SITE OF [NSTRUCTION. PURCHASER shall make all of the arrangements, including any payment, for the location to be used for the training. IV. CONSIDERATION AND TERMS OF PAYMENT. A. Cost ofInstruction: one thousand one hundred dollars ($1,100.00) Other fees: N/A Notwithstanding the thirty (30) day notice period established in paragraph Vil, in the event that the PURCHASER desires to cancel or reschedule the instruction due to low enrollment, PURCHASER shall give at least five (5) days notice in writing to the STATE'S authorized agent to cancel or reschedule. If the instruction is cancelled as provided herein, the STATE shall be entitled to payrnent calculated according to paragraph VII. If the instruction is rescheduled as provided herein, payment shall be according to this paragraph IV. Contract #11145 Page 1 of 3 / //7// i H17, Ilil) t hit( tli ',IC I , Ili? 611111 !MINI it (11 lipp Olt loplm B. Teriris ofpayrnent. The STATE will subrnit an invoice for the instruction performed. The PURCHASER will pay within thirty (30) days of receiving the invoice. Please submit payment to: in Technical College Attn: Business Office, 9000 Brooklyn Blvd, B Park, MN 55445 V. AUTHORIZED AGENTS FOR THE PURPOSES OF THIS CONTRACT. A. PURCHASER'S AUTHORIZED AGENT: Name: Matt Markham Title: Sgt. Address: 825 41 Avenue North, Columbia Height , MN 55421 Phone: 763'706'8125 Fax: 763-706-8126 E-Mail: nnutt.nourkbuoo@ci.00lumbiu'boigh{a.00n.uo B. STATE'S AUTHORIZED AGENT: CbericRo||ingm Director o[Operations STATE'S CONTACT PERSON: Name: Stu Robinson Phone: 763-657-3723 Fax: 763-657-3739 E-Mail: SRobinuoo@henncpin1ech.edu VI. TERM OF CONTRACT. A. Effective Date: April 12, 2011 B. End Date: April 28, 2011, or until all obligations set forth in this contraet have been satisfactorily fulfilled, whichever occurs first. VD. CANCELLATION. This contract rnay be cancelled by the PURCHASER or the STATE at any tiine, with or without cause, upon thirty (30) days written notice to the other party. In the event of such a cancellation, The STATE shall be entitled to payment, determined on a pro rata basis, for work or instruction satisfactorily performed. \/U|. ASSIGNMENT. Neither the PURCHASER nor the STATE shall assign or transfer any rights or obligations under this contract without the prior written approval of the other party. IX. LIABILITY. The PURCHASER shall indemnify, save, and hold the STATE, its representatives and employees harmless from any and all claims or causes of action, including all attorney's fees incurred by the STATE, arising from the performance of this contract by the PURCHASER or PURCHASER'S agents or employees. This clause shall not be construed to bar any legal remedies the PURCHASER may have for the STATE'S failure to fulfill its obligations pursuant to this contract. X. AMERICANS WITH DISABILITIES ACT (AD&)COMPLIANCE. The PURCHASER agrees that in fulfilling the duties of this contract, the PURCHASER is responsible for cornplying with the applicable provisions ofthe Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq. and regulations promulgated pursuant to it. The STATE 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 AD/\. }{1. 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. }{D. GOVERNMENT DATA PRACTICES ACT. The PURCHASER must comply with the Minnesota Governrnent Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the STATE in accordance with this contract, and as it applies to all data, created, collected, received, stored, Contract #11145 Page 2 of 3 used, maintained, or disseminated by the PURCHASER 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 PURCHASER or the STATE. In the event the PURCHASER receives a request to release the data referred to in this Article, the PURCHASER must immediately notify the STATE. The STATE will give the PURCHASER instructions concerning the release of the data to the requesting party before the data is released. XIII. RIGHTS IN ORIGINAL MATERIALS. The STATE shall own all rights, including all intellectual property rights, in all original materials, including any curriculum materials, inventions, reports, studies, designs, 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 STATE and its employees individually or jointly with others or any subcontractor in the performance of its obligations under this contract. This provision shall not apply to the following materials: N/A XIV. JURSIDICTION 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 arising out of this contract, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. XV. OTHER PROVISIONS. (Attach additional page(s) if necessary): N/A IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. APPROVED: 1. MINNESOTA ST E COLLE ES AND UNIVERSITIES HENNEPIN r C '► CAL /$ E B 1 7 4 (author fed signature) Title: Director of Operations Date: // /s'/ 1/ 2. CITY OF COLUMBIA HEIGHTS POLICE DEPARTMENT PURCHASER certifies that the appropriate person(s) have executed this contract on behalf of the PURCHASER a uired by ..pl. . ble articles, by -laws, resolutions or ordinances. B By: (aut or d signature) f (authorized signature) Title: '` = Gr, °" Title: Date: ) / 2 7// / Date: Contract #11145 Page 3 of 3