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HomeMy WebLinkAbout2017-2789STATE OF MINNESOTA MINNESOTA STATE COLLEGES AND UNIVERSITIES HENNEPIN TECHNICAL COLLEGE CUSTOMIZED TRAINING INCOME CONTRACT Contract #18010 THIS CONTRACT, and amendments and supplements thereto, is between the State of Minnesota, acting through its Board of Trustees of the Minnesota State Colleges and Universities, on behalf of between Hennepin Technical College (hereinafter "MnSCU ") located at Law Enforcement & Criminal Justice Education Center, 9110 Brooklyn Blvd, Brooklyn Park, MN 55445, and Columbia Heights Police Department, Attn: Scott Nadeau located at 825 41st Avenue NE, Columbia Heights, MN 55421 (hereinafter "PURCHASER") agree as follows; 1. DUTIES OF MnSCU. MnSCU agrees to provide the following: a. Title of Instruction: Police Pathways Cadet Program b. Date (s) of Instruction: Monday — Friday, June 12 — October 4, 2017 8:00 a.m. — 5:00 p.m. c. Name of Instructor: Staff d. Location: Hennepin Technical College, Law Enforcement and Criminal Justice Education Center at 9110 Brooklyn Blvd., Brooklyn Park, MN 55445 to be held in various classrooms at this location for academic coursework and many components of the scenario -based training, The location for the POST - mandated tactical driving course (also known as E.V.O.C.) to be determined. Location will be based on availability of track and classroom relevant to course sequencing. e. Other: Each cadet that successfully completes the Program no later than 5:00 p.m. October 4, 2017 will receive certified sign -off by the Hennepin Technical College P.O.S.T. Coordinator. This certified sign - off will provide cadets eligibility to take the Minnesota POST Exam beginning October 19, 2017. 2. DUTIES OF THE PURCHASER. The PURCHASER agrees to: a. make all contacts for training and services through MnSCU and will not employ the presenter /instructor directly for additional sessions. , b. assign a liaison officer to assist with the delivery of the department handguns and rifles, along with all ammunition for all weapons to be used during the firearms training and qualification component for each cadet participating in the program; dummy rounds for cadets' weapon; an ASP or baton and an ASP certification book if certification is needed; Taser holster, training Taser and Taser cartridges (training and non - training); eye and ear protection, and any other necessary firearms supplies for their cadets. c. provide the cadets with uniforms representing the police department to be worn for all academic and non- tactical classroom instruction. The PURCHASER will provide the following uniforms and equipment for all tactical classroom instruction: • 1 - 2 navy -blue T -shirts with the cadet's last name "screenprinted" on the BACK of the T -shirt only (for identification purposes during tactical courses); • One navy -blue sweatshirt with the cadet's last name " screenprinted" on the BACK of the sweatshirt only (for identification purposes during tactical courses); Contract #18010 Page 1 of 4 OGC Revised May 18, 2016 Our Training Means Means usine s- liennepin Technical College is an affirmative action, equal opportunity educator and employer • Navy sweatpants to be worn during Defensive Tactics training only; • Navy shorts to be worn during Defensive Tactics training only; • Athletic shoes and socks (white or black athletic footwear (and socks) are the only authorized footwear to be worn for the Defensive Tactics class. Multi- colored socks, multi- colored footwear or non - athletic shoes will NOT be permitted; d. provide all agency- issued duty equipment (including an underbelt, a duty belt, agency - issued firearm holster, training gun ( *only if the agency- issued holster does not fit a 9mm Glock), no less than four belt keepers, a chemical spray holder, agency- issued magazine pouches, at least one pair of handcuffs and a handcuff holder, a flashlight (prefer Stinger DS LED w /AC if possible), and a flashlight holder, a baton and baton holder, and a Taser holder. e. will determine the financial responsibility for the Minnesota P.O.S.T. exam cost for each cadet ( *approximately one hundred thirteen dollars ($113.00) per cadet) required to be submitted to the Minnesota P.O.S.T. Board accompanied with each cadet's exam application no later than October 4th, 2017. MnSCU will not cover the exam cost, and will assist the cadets with the application process only. f. provide the customized training services with the following. • Official transcripts and an accurate roster of participating cadets no later than May 22, 2017. • Completed admission forms for all participating cadets no later than May 29, 2017. • All P.O.S.T. mandated documents no later than June 6, 2017. 3. SITE OF INSTRUCTION. MnSCU shall make all of the arrangements, including any payment, for the location to be used for the training. The location for the POST - mandated tactical driving course (also known as E.V.O.C.) is to be determined. 4. CONSIDERATION AND TERMS OF PAYMENT. a. Cost of Instruction: thirteen thousand three hundred twenty dollars ($13,320.00) for two (2) cadets unless PURCHASER provides notice indicating lower attendee count by June 6, 2017. Cost for one (1) cadet would be six thousand nine hundred sixty dollars ($6,960.00). Other fees: N/A Notwithstanding the thirty (30) day notice period established in paragraph 7, 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 MnSCU'S authorized agent to cancel or reschedule. If the instruction is cancelled as provided herein, MnSCU shall be entitled to payment calculated according to paragraph 7. If the instruction is rescheduled as provided herein, payment shall be according to this paragraph 4. b. Terms of payment. MnSCU will send an invoice for the instruction performed. The PURCHASER will pay within thirty (30) days of receiving the invoice. Please submit payment to: Hennepin Technical College, Attn: Business Office, 13100 College View Drive, Eden Prairie, MN 55347 5. AUTHORIZED AGENTS FOR THE PURPOSES OF THIS CONTRACT. a. PURCHASER'S AUTHORIZED AGENTS: Name` Scott Nadeau Title: Police Chief Address: 825 41st Avenue NE, Columbia Heights, MN 55421 Phone: 763 -708 -8105 Fax: E -Mail: snadeau@columbiaheightsmn.gov Contract #18010 Page 2 of 4 OGC Revised May 18, 2016 b. MnSCU'S AUTHORIZED AGENT: Pauline Arnst, Director of Customized Training Services. MnSCU'S CONTACT PERSON: Name: Debora Hanssen Phone: 763 - 657 -3707 Fax: 763 - 657 -3739 E -Mail: Debora.Hanssen @hennepintech.edu 6. TERM OF CONTRACT. This contract is effective on 6/12/2017 or upon the date the final required signature is obtained by MnSCU, whichever occurs later, and shall remain in effect until 10/4/2017 or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. The PURCHASER understands that no work should begin under this contract until all required signatures have been obtained. 7. CANCELLATION. This contract may be cancelled by the PURCHASER or MnSCU at any time, with or without cause, upon thirty (30) days written notice to the other party. In the event of such a cancellation, MnSCU shall be entitled to payment, determined on a pro rata basis, for work or Instruction/Activity /Service satisfactorily performed. 8. ASSIGNMENT. Neither the PURCHASER nor MnSCU shall assignor transfer any rights or obligations under this contract without the prior written approval of the other party. 9. LIABILITY. The PURCHASER shall indemnify, save, and hold the MnSCU, its representatives and employees harmless from any and all claims or causes of action, including all attorney's fees incurred by MnSCU, 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 MnSCU'S failure to fulfill its obligations pursuant to this contract. 10. AMERICANS WITH DISABILITIES ACT COMPLIANCE (hereinafter "ADA). 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. MnSCU 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. 11. GOVERNMENT DATA PRACTICES ACT. The requirements of Minnesota Statutes § 13.05, subd. 11 apply to this contract. The PURCHASER and MnSCU must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by MnSCU 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 Statutes § 13.08 apply to the release of the data referred to in this clause by either the PURCHASER or MnSCU. In the event the PURCHASER receives a request to release the data referred to in this clause, the PURCHASER must immediately notify MnSCU. MnSCU will give the PURCHASER instructions concerning the release of the data to the requesting party before the data is released. 12. RIGHTS IN ORIGINAL MATERIALS. MnSCU 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 MnSCU 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 Contract #18010 Page 3 of 4 OGC Revised May 18, 2016 13. 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 the breach thereof, shall be located only in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14. OTHER PROVISIONS. (Attach additional page(s) if necessary): None. IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. APPROVED: 1. MINNESOTA STATE COLLEGES AND UNIVERSITIES HENNEPIN TECHNICAL OLLEGE By: -� - (authorized signature) Title: Director of Customized Training Date: -!5- - /'0- a -7 2. COLUMBIA HEIGHTS POLICE DEPARTMENT PURCHASER certifies that the appropriate person(s) have executed this contract on behalf of the PURCHAS 're yapplicable articles, by -laws, resolutions or ordinances. By: gy; . (authorized signature) orized signature Title: Title: C c` f Date: 4 17 Date: Contract #18010 Page 4 of 4 OGC Revised May 18, 2016