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Home My WebLink About2018-28782018 -2878 F.Y. Cost Center Obj. Code_ Amount Vendor # P.O. ff 2019 _J 460.00 L j [� STATE OF MINNESOTA MINNESOTA STATE COLLEGES AND UNIVERSITIES DAKOTA COUNTY TECHNICAL COLLEGE CUSTOMIZED TRAINING INCOME CONTRACT 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 DAKOTA COUNTY TECHNICAL COLLEGE (hereinafter MnSCU), and City of Colombia Heights Public Works department, located at 637 381h avenue Northwest, Colombia Heights, MN 55421 agree as follows: 1. DtJ'I'IES OF MnSC II. MnSCU agrees to provide the following: a. Title of Instruction/ Activity/ Service: Defensive Driving -Snow Plow b. Date( s) of Instruction/ Activity/ Service: Friday, September 281h 2018 c. Instructor/ Trainer/ Consultant: Provided by DCTC d. Location: Dakota County Technical College e. Other Provisions: N/A DUTIES OE THE PURCHASER. The PURCHASER agrees to provide: up to 2 participant. The purchaser agrees to provide the necessary snow plow trucks for all participants at a rate of 2 participants per snow plow maximum. 3. SfTE OF INSTRUCTION/ ACTIVITY/ SERVICE: DCTC shall make all of the arrangements, including any payment, for the location to be used for the Instruction/ Activity/ Service. MnSCU Income Contract Customized Training Template OGC Revised May 18, 2016 4. CONSIDERATIQN. AND TERMS- F PAYMENT. a. COST. Cost of Instruction/ Activity/ Service (total for 2 participants): Four Hundreds Sixty and 00 /100 dollars ($460.00). Other Fees: $230 per each additional participant Notwithstanding the thirty (30) day notice period established in paragraph 7, in the event that the PURCHASER desires to cancel or reschedule the Instruction/ Activity/ Service due to low enrollment, PURCHASER shall give at least seven days' notice in writing to MnSCU's authorized agent to cancel or reschedule. If the Instruction/ Activity/ Service is canceled as provided herein, MnSCU shall be entitled to payment calculated according to paragraph 7, if the Instruction/ Activity/ Service is rescheduled as provided herein, payment shall be according to this paragraph 4. b. TERM _QE.?A' MEN1T. MnSCU 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: Billing Office 1300145"' street East Rosemount, MN, 55068 -2999 5. AUTHORIZED AGENTS FOR THE PURPOSES OF THIS CONTRACT.. a. PURCHASER'S authorir dot= Name: Mike O'Reilly Title: Street & Parks Superintendent Address: 637 38th avenue Northwest Columbia Heights, MN, 55421 Telephone: 763 - 706-3721 b. MnSCU' ,S authorized went: Name: Chad Sheets Title: Dean of Customized training and continuing Education Address: 1300 1451h street East Rosemount, MN, 55068 -2999 Telephone: 651- 423 -$275 MnSCU Income Contract Customized Training Tempiate OGC Revised May 18, 2016 6. TERM OF CQNTI ACT. This contract is effective on September 2814 2018 or upon the date the final required signature is obtained by MnSCU, whichever occurs later, and shall remain in effect until October 281h 2018 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 canceled 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 cancellation, MnSCU shall be entitled to payment, determined on a pro -rated basis, for work or Instruction /Activity/Service satisfactorily performed. 8. ASSIGNMENT. Neither the PURCHASER nor MnSCU shall assign or 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 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. AMERICAN'S WITH )A' l II:S El.( 1' COi4IPLi11'�iC'f hc�'c inailrr "A()A "j_ The PURCHASER agrees that in fulfilling the duties of this contract, the PURCI IASER is responsible for complying with the applicable provisions of the Americans with Disabilities Act, 42 U. S. C. 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. { OV E?iN,iV1ENT DATA PRAC` ICES ACT. The requirements of Minnesota Statutes § 13.05, subd. I 1 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 MAT} RIALS. The Dakota County Technical College 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 documentations, computer based training modules, electronically or magnetically recorded materials, and other work in whatever form, developed College/University and its employees individually or jointly with others or any subcontractors in the performance of its obligations under this contract. This provision shall not apply to the following materials: N/A MnSCU Income Contract Customized Training Template OOC Revised May 18, 2016 13. J11RISDICTION AND VENUE. This contract 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. l�l"i_ _ ER PR{? iSIQNS. N/A The rest of this page intentionally left blank. Signature page to follow. McSCU Income Contraca Customized Training Template OGC Ravised May 18, 2016 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 DAKOTA COUNTY TECHNICAL COLLEGE By authorized signature) Tit] Date i 2. PURCHASER: CITY OF COLUMBIA HEIGHTS 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) Title City Man Date By (authorized signature) Title Date 3. AS TO FORM AND EXECUTION: By (authorized college /university/system office initiating agreement) Title Date 5 MnSCU Income Contract Customized Training'remplate OGC Revised May 19, 2016