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Home My WebLink About2017-2764FY Cost Center Obj Code Amount Vendor# P.O.# STATE OF MINNESOTA MINNESOTA STATE COLLEGES AND UNIVERSITIES Alexandria Technical & Community College Customized Training Department 1601 Jefferson Street Alexandria, MN 56308 (320) 762 -4510 CUSTOMIZED TRAINING INCOME CONTRACT ATCC (hereafter "COLLEGE /UNIVERSITY "), by virtue of its delegated authority from the Board of Trustees of the Minnesota State Colleges and Universities, and Columbia Heights Police Dept (hereafter "PURCHASER ") agree as follows: I. DUTIES OF THE COLLEGE /UNIVERSITY. The COLLEGE /UNIVERSITY agrees to provide the following: Title of Instruction /Activity/Service: Shotgun Less Lethal Date(s) of Instruction /Activity /Service: Monday, April 10, 2017 Instructor/Trainer /Consultant: Ron Hvinden Location: Columbia Heights Police Department Other Provisions: 11. DUTIES OF THE PURCHASER. The PURCHASER agrees to provide: III. SITE OF INSTRUCTION /ACTIVITY /SERVICE: ATCC IV. CONSIDERATION AND TERMS OF PAYMENT A. Cost Cost of Instruction /Activity /Service (total or per hour): $1,200.00 Other fees: Ver: 01.05 Customized Training Income Contract Contract Nbr: 2429 January 23, 2017 Page: 1 Notwithstanding the thirty (30) 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 shall give at least 10 days notice in writing to the COLLEGE /UNIVERSITY'S authorized agent to cancel or reschedule. If the Instruction /Activity /Service is canceled as provided herein, the COLLEGE /UNIVERSITY shall be entitled to payment calculated according to paragraph VII. If the Instruction /Activity /Service is rescheduled as provided herein, payment shall be according to this paragraph IV. B. Terms of Payment. 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: ATC C V. AUTHORIZED AGENTS FOR THE PURPOSES OF THIS CONTRACT. A. PURCHASER'S authorized agent: B. COLLEGE /UNIVERSITY'S authorized agent: Sandra Larson, Customized Training Coordinator VI. TERM OF CONTRACT A. Effective date: April 10, 2017 B. End date: April 10, 2017 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 COLLEGE /UNIVERSITY 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. LIABILITY. 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 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 /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. XII. GOVERNMENT DATA PRACTICES ACT. The PURCHASER must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the COLLEGE /UNIVERSITY in accordance with this contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the PURCHASER in accordance with this contract. The civil remedies of Minnesota Statues Section 13.08, apply to the release of the data referred to in this Article by either the PURCHASER or the COLLEGE /UNIVERSITY, In the event the PURCHASER receives a request to release the data referred to in this Article, the PURCHASER must immediately notify the COLLEGE /UNIVERSITY. The COLLEGE /UNIVERSITY 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 ATCC 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 COLLEGE /UNIVERSITY and its employees individually or jointly with others or any subPURCHASER in the performance of its obligations under this contract. This provision shall not apply to the following materials: Ver: 01.05 Customized Training Income Contract Contract Nbr: 2429 January 23, 2017 Page: 2 N/A 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. IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. APPROVED: 1. PURCHASER: PURCHASER certifies that the appropriate person(s) have executed the contract on behalf of PURCHASER as required by applicable articles, by -laws, resolutions, or ordinances. By (authorized signature) 7' Title L %'I 1lC Date 2. MINNESOTA STATE COLLEGES AND UNIVERSITIES ATCC jBy (authorized college /university signature) Title Date Ver: 01.05 Customized Training Income Contract Contract Nbr: 2429 January 23, 2017 Page: 3