4.6. SR 11-01-2021
Request for Action
To Item Number
Mayor and City Council 4.6
Agenda Section Meeting Date Prepared by
Consent November 1, 2021 Mark Wandersee, Assistant Fire Chief
Item Description Reviewed by
Contract with Century College to Assist with Elk Mark Dickinson, Fire Chief
River Fire Academy
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve, by motion a contract with Century College for the Elk River Fire Academy.
Background/Discussion
The Elk River Fire Academy has been successful for the last several years and has mostly been driven by fire
department members instructing the courses. However, the extra time that is required to commit to
instructing for the fire academy has slowly burned-out current department members.
The last two academies have been supplemented by outside instructors. Utilizing the college staff to
supplement our department members will help decrease the tremendous time commitment to our academy
and will provide certified quality instructors to ensure the academies continued success.
Financial Impact
None
Attachments
Century College Contract
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
F.Y.
Cost Center
ON.
Amount
Vendor #
211524
Code
91$2
$1,570.00 per student plus
1�19
��1
$230.00 each for books
STATE OF M1NNESOTA
MINNESOTA STATE COLLEGES AND UNIVERSITIES
Century College
CUSTOMIZED TRAINING INCOME CONTRACT
P.O. #
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 Century
College (hereinafter MINNESOTA STATE), and Elk River Fire Department (hereafter "PURCHASER")
agree as follows:
1. DUTIES OF MINNESOTA STATE. MINNESOTA STATE agrees to provide the following:
a. Title of Instruction) Activity/ Service: Fire Academy to include Firefighter 1. Firefi zhter
11 and Hazardous Materials Operations 1072, November 15. 2021- Mav 4, 2022.
b. Instructor/ Trainer/ Consultant: Century College instructors
c. Location: Elk River Fire Department 13073 Orono Pkwy NW. Elk River. MN
d. Other Provisions: The College will provide instruction, course materials,- certificates of
completion and a summary of evaluations. Instructors including scheduling and payroll_.
Filing of MBFTE reimbursement forms, student documents, and tracking. Individual
department billing. Supplemental fire equipment. Coordination of State Certification
Testing. Coordination of East Metro Public Training Facilitti (if necessary). Books far
students.
2. DUTIES OF THE PURCHASER. The PURCHASER agrees to provide:
Facilities for all training, including classrooms and hands-on training grounds. Vetted, students
(including_baekgound cheeks) for the fire academy_ Fire gquipment including ladders hoses
un mpers ifire en rit nes], axes and all necessary eguinment to complete said training.
3. SITE OF INSTRUCTION/ ACTIVITY/ SERVICE: Century College 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
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4. CONSIDERATION AND TERMS OF PAYMENT.
u COST. Cost of Instruction/ Activity/ Service (total or per hour):
Instruction: $1,570.00 per student
(minimum of 15 students and maximum of 24 students; a 4:1 student to instructor ratio
for hands on skills will be maintained.)
Books, $115 each x 2 books: $ 230.00 each student
Century College will invoice on the actual number of students enrolled b_ Elk River -Fire
Department.
b. TERMS OF PAYMENT. MINNESOTA STATE 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:
Century College, 3300 Century Ave N, White Bear Lake, MN 55110
5. AUTHORIZED AGENTS FOR_' I'E PURPOSES OF THIS CONTRACT.
a. PURCHASER'S authorized gent:
Name: Mark Wandersee
Purchaser: Elk River Fire Department
Address: 13073 Orono Pkwy NW, Elk River MN
Telephone: 763-3 5 0-0769
E-Mail: mwander& .t.,elkriverm.n.gov
b. MINNESOTA STATE' S authorized ,gent:
Name: Steve Shapira
Century College
Address: 3300 Century Ave N, White Bear Lake, MN
Telephone: 651-779-5534
E-Mail: steve.shgpira gcentu _edu
Fax: 651-779-5802
6. TERM OF CONTRACT. This contract is effective on September 22, 2021 or upon the date the
final required signature is obtained by MINNESOTA STATE, whichever occurs later, and shall
remain in effect until May 4, 2022 or until all obligations set forth in this contract have been
satisfactorily fulfilled, whichever occurs fist. 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 MINNESOTA
STATE at any time, with or without cause, upon thirty (30) days written notice to the other party.
In the event of such cancellation, MINNESOTA STATE shall be entitled to payment, determined
on a pro -rated basis, for work or Instruction/Activity/Service satisfactorily performed.
S. ASSIGNMENT. Neither the PURCHASER nor MINNESOTA STATE 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 MINNESOTA STATE, its
representatives and employees harmless from any and all claims or causes of action, including all
MnSCU Income Contract Customized Training Template
OGC Revised May 18, 2016
IN WITNESS WHEREOF. the parties have caused this contract to be duly executed intending to be
bound thereby.
APPROVED:
1. PURCHASER: Elk River Fire Department
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)
M 0
M Z
Title M
c.�
By (authorized signature)
Title
Date
2. MINNESOTA STATE COLLEGES AND UNIVERSITIES
Century College
By (authorized signature)
Title CFO
Date 9-13-21 I
3. AS TO FORM AND EXECUTION:
By (authorized college/university/system office
initiating agreement)
Title —
Date
MnSCU Income Contract Customized Training Template
OGC Revised May 18, 2016
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attorney's fees incurred by MINNESOTA 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 MINNESOTA STATE' 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.
12101, et, seq. and regulations promulgated pursuant to it. MINNESOTA 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 ADA.
11. GOVERNMENT DATA PRACTICES ACT. The requirements of Minnesota Statutes § 13.05,
subd. I 1 apply to this contract. The PURCHASER and MINNESOTA STATE must comply with
the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all
data provided by MINNESOTA STATE 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 MINNESOTA
STATE.
In the event the PURCHASER receives a request to release the data referred to in this clause, the
PURCHASER must immediately notify MINNESOTA STATE. MINNESOTA STATE 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. The instructor 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
13. JURISDICTION 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. OTHER PROVISIONS. None
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Mnscu income Contract Customized Training Template
OGC Revised May 18, 2016