HomeMy WebLinkAboutItem 06.mFebruary 13, 2012 0 4 a Item No.
ANNUAL PLAN AGREEMENT TO PROVIDE TECHNICAL INSTRUCTION FOR THE
DEPARTMENT OF PUBLIC SAFETY
Proposed Action
Staff recommends adoption of the following motion:
Overview
Officers of the police department provide instruction for the Department of Public Safety
(DPS) for Drug Recognition and Standardized Field Sobriety Testing. The agreement
will allow the DIPS to reimburse the city for the cost of teaching these courses.
Primary Issues to Consider
Officers keep skills current through the presentation of material
Time reimbursed insures no impact to the staffing levels at the police department
as teaching is done when officers are not scheduled to work.
Any overtime costs are paid for by this grant.
Supporting Information
® Copy of Agreement
ministrative Sergeant John Kornmann
Financial Impact: $ Budgeted: YIN Source:
Related Documents (CIP, ERP, etc.):
Notes:
SWIFT Contract Number, 29718
Annual Plan 'r- Number: 12M07
STATE OF MINNESOTA
ANNUAL PLAN AGREEMENT
This Annual Plan Agreement is for professional /technical services, interpreted pursuant to laws of the State of
Minnesota, between Lakeville Police Department 9237 — 183` Street, Lakeville, MN 55044 ( "Contractor ") and
Department of Public Safety, State Patrol Divisi ( "State ").
Pursuant to Minnesota Statutes Section 15.061, the State is empowered to enter into professional /technical
Agreements,
By written acceptance below, the Contractor agrees to perform the following work:
The contractor will provide an Instructor to provide training to various law enforcement personnel
The instructor's duties will include:
1) Coordinate training courses in Standardized Field Sobriety Testing (SFS "I'), Drugs that Impair
Driving (DTID), DWI -SFST Update (Update), and Occupant Protection Usage and Enforcement
(OPUE).
2) All participating instructors must be licensed as Peace Officers as defined by the Minnesota Peace
Officers Standards and Training (POST) Board.
3) All participating instructors must be NHTSA recognized instructors as trained under the auspices
of the office of Minnesota SFST /DRE Coordinator.
4) Participating instructors must be in good standing and maintain consistently positive course
critiques and evaluations.
5) Participating instructors must adhere to the Minnesota Standard for SFST Training (addendum A).
6) Courses authorized for payment under this agreement will be assigned by the Minnesota
SFST /DRE coordinator.
7) Courses sponsored by the participating instructor's home department will not be authorized for
reimbursement.
8) Contractor will submit to the SFST /DRE Coordinator the following items within 10 days of the
completion of the course:
• An invoice for the participating instructor with date and hours worked and overtime rate of
pay(ineluding fringe)
• Roster of attendees
• Final written exams
• Course critiques
• Alcohol workshop logs (where applicable)
• Waiver of claims (where applicable)
9) Contractor's who do not meet these requirements may have their agreement cancelled for cause.
10) Participating instructors providing services under this agreement are employees of the contractor
and not employees of the State or Federal Government.
Rev 08/10
Conditions of Payment All services provided by the Contractor pursuant to this Annual Plan Agreement
must be performed to the satisfaction of the State, as determined in the sole discretion of the State, and not
in violation of any federal, state or local laws, ordinances, rules and regulations. The Contractor will not
receive payment for work found by the State to be unsatisfactory, or performed in violation of federal, state
or local law, ordinance, rule or regulation. Under Minnesota Statutes Section 16C.08, subdivision 5(b), no
more than 90 percent of the amount due under this Annual Plan Agreement may be paid until the final
product of this Amoral Plan Agreement has been reviewed by the State's agency head. The balance due
will be paid when the State's agency head determines that the Contractor has satisfactorily fulfilled all the
terms of this Annual Plan agreement.
2. Cancellation This Annual Plan Agreement may be canceled by the State or the commissioner of
Administration at any time, with or without cause, upon 30 days' written notice to the Contractor. In the
event of such a cancellation, the Contractor will be entitled to payment, determined on a pro rata basis, for
the work or services satisfactorily performed.
3. Amendments Any amendments or modifications to this Annual Plan Agreement must be in writing and
will not be effective until executed by the parties to this Agreement and approved by all State officials as
required by law.
4. Indemnification In the performance of this contract by Contractor, or Contractor's agents or employees,
the contractor must indemnify, save, and hold harmless the State, its agents, and employees, from any
claims or causes of action, including attorney's fees incurred by the state, to the extent caused by
Contractor's:
1) Intentional, willful, or negligent acts or omissions; or
2) Actions that give rise to strict liability; or
3) Breach of contract or warranty.
The indemnification obligations of this section do not apply in the event the claim or cause of action is the
result of the State's sole negligence. This clause will not be construed to bar any legal remedies the
Contractor may have for the State's failure to fulfill its obligation under this contract.
5. State Audit The books, records, documents, and accounting procedures and practices of the Contractor
and its employees or representatives, relevant to this Agreement must be made available and subject to
examination by the State, including the State, Legislative Auditor, and State Auditor, for a minimmn of six
years from the end of this Annual Plan Agreement.
6. Government Data Practices Act The Contractor must comply with the Minnesota Government Data
Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the State in accordance
with this Agreement, and as it applies to all data, created, collected, received, stored, used, maintained, or
disseminated by the Contractor in accordance with this Agreement. The civil remedies of Minnesota
Statutes Section 13.08, apply to the release of the data referred to in this Article by either the Contractor or
the State. ht the event the Contractor receives a request to release the data referred to in this Article, the
Contractor must immediately notify the State. The State will give the Contractor instructions concerning
the release of the data to the requesting party before the data is released.
Data Disclosure Under Minnesota Statute § 270C.65, subdivision3, and other applicable law, the
Contractor consents to disclosure of its social security number, federal employer tax identification number,
and /or Minnesota tax identification number, already provided to the State, to federal and state agencies and
state personnel involved in the payment of state obligations. These identification numbers may be used in
the enforcement of federal and state laws which could result in action requiring the Contractor to file state
tax returns, pay delinquent state tax liabilities, if any, or pay other state liabilities.
Rev 07/10
SWIFT Contract Number: 29718
Annual Phn T- Number. I2M07
S. Jurisdiction and Venue This Annual Plan Agreement is governed by the laws of the State of Minnesota.
Venue for all legal proceedings arising out of this Annual Plan Agreement, or breach thereof, will be in the
state or federal court with competent jurisdiction in Ramsey County, Minnesota.
The Contractor must sign its approval in the designated signature block and return the original signed
Agreement to the address shown below, prior to the commencement of services.
Agreement Begin Date: October 1, 2011 Agreement End Date: June 30, 2012
The total amount that the State agrees to pay for the above services is: $ 3,000.00
The Contractor must submit one invoice upon completion of the above services to:
Minnesota State Patrol
Attn: Don Marose
444 Cedar Street, Ste. 130
St. Paul, MN 55101 -5130
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Signed:
Date: y
SWIFT PO number: !1"
2. CONTRACTOR:
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3. STATE AGENCY:
By (authorized signature):
Title:
Date:
Rev 08/10
Agreement approved by the City Council of the City of Lakeville, Minnesota, this
21 S' day of February, 2012.
CITY OF LAKEVILLE
37
Mark Bellows, Mayor
ATTEST
Charlene Friedges, City Clerk