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Home My WebLink AboutContract No. 2013 2485 F.Y.: Coat C 11,r. Cod, vendor#. P.O.#. 2011-2013 246123 seam STATE OF M 1NNESOTA MINNESOTA STATE COLLEGES AND UNWMITIES DAKOTA COUNTY TECHNICAL COLLEGE CUSTOMIZED TRAINING INCOME CONTRACT Dakota County Technical College(hereafter CollegeANversity)by virtue of its delegated authority from the Board of Trustees of the Minnesota Soto Colleges and Universities)and the City of Columbia Heights,Public Works DepL 637 3811 Ave,N.E.,Columbia Heights,Minnesota$5421 hereafter"Purchaser") agree as follows: I. DUTIES OF THE COLLEGHNNIV>`ITY. The CollegeiVniversity agrees to provide the following: Use of the Road Course and Skid Path located at Dakota County Technical College(DCTC) 13601451°St.E.,Rosemount,MN.SSW. Use of the classroom located in the TDT building at the same address.A qualified instructor for both the clasuroom and road course training.The Course is to consist of up to 2 hours of classroom training and 4 hours of road course driving.Classroom session will be held from Sam-10am on December 13,2012 with road course segment to follow from 10:30 am-2:30 pm at DCTC location. Title of Instuuction/Activity/Servicc: Defensive Driving-Snow Plow Date(s)of I sb ucdon/Activity.JService: December 13,2012 Instructor/TtainmiConadtant: As provided by DCTC Location: Dakota County Technical College(DCTC) 1300145'SL E. Rosemount,MN.55068 Other Provisions: If weather should dictate need for postponement,training will be rescheduled. II. DUTIES OF THE PURCHASER The Purchaser agrees to provide: Up to 4 Participant. The purchaaw agrees to provide necessary snow plows for each par cipant at a desired rate of 2 Participants per snow plow, III. SITE OF INSTRUCTION/ACTMTYJSERVICE:DCTC shall make all of the armngements,including any payment,for the location to be used for the Instruction/Activity/Service IV. CONSIDERATION AND TERMS OF PAYMENT. A. x_5800.00 Cost of Iastr wtion/Activity/Service: N/A Other fees:$200.00 per participant In excess of agree to 4 participants 1 Richard Hawkins Notwithstanding the thirty(30)day notice period established in paragraph VII,m the event that the Purchaser desires to cancel or reschedule the Instruction/Activity/Service due to low enrollment, Purchaser shall give at least 30 days notice in writing to the College/University's authorized agent to cancel or reschedule. If the Iustruction/Activity/Service is canceled as provided herein,the College/Umverssity shall be entitled to payment calculated according to paragraph.VII. If the Instruction/ActivitylService is rescheduled as provided herein,payment shall be according to this paragraph IV. B. Terms Of Pavment The College/University will send an invoice for the 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 1300145"'Street East Rosemount,MN 55069.2999 V. AUTHORIZED AGENTS FOR THE PURPOSES OF THIS CONTRACT. A. Purchaser's authorized agent: Mike OReilly B. College/University's authorized agent: Pat McQuillan,Dean VI. TERM OF CONTRACT. A. Effective date: December 13,2012 B. End date:December 31,2012 or until all obligations set forth in this contract have been satisfactorily fulfilled,whichever occurs first. VII. CANCELLATION. This contract may be canceled by the Purchaser or the College/University 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 CollegerUniversity shall be entitled to payment,determined on a pro rata basis,for work or Instruction/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 the prior written approval of the other party. IX. LIABRHY. Purchaser agrees to indemnify and save and hold the College/University,its representatives and employees harmless from any and all claims or causes of action arising from the performance of 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 College/University's failure to fulfill its obligations pursuant to this contract X. AMERICANS WITH DISABILITIES ACT(ADA)COMPLIANCE. The Purchaser agrees that in bilfilling 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/University 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 contract shall be in writing and shall be executed by the same parties who executed the original contract or their successors in office. I 2 Richard Hawkins X11. DATA PRACTICES, The Purchaser agrees to comply with the Minnesota Data Practices Act as it applies to all data provided by the Collega'Umversity in accordance with this contract and as it applies to all data created,gathered,generated,or acquired in accordance with this contract. M. RIGHTS IN ORIGINAL MATERIALS. The Dakota County Technical College shall own all rights, including all intellectual property rights,in all original materials,including any curriculum materials, inmhone,reports,studies,designs,drawings,specifications,rotes,documents,software and documentation,ion,computer based training modules,electronically or magnetically recorded materials,and other work in whatever form,developed by the CoilegeMniversity and its employees individually or jointly with others or any actor in the performance of its obligations under this oonh=t. This provision shall not apply to the following materials: NIA XIV. JURISDICTION 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. PURCHASER: 2. MINNESOTA STATE COLLEGES AND PURCHASER certifies that the appropriate UNIVERSITIES person(s)have executed the contract on Dakota County Technical College behalf of PURCHASER as required by applicable articles,by-lava,resolutions,or o cea. By ) By Titlet Public orisa Director Title Date,� �(G► `�./ Date By Title City er Date ze 3 Ricbard Hawkins