Loading...
01-165OR1Gf�lAL Council File # o �� �`c� Green Sheet # 111700 RESOLUTION OF SAINT PAL7L, MINNESOTA Presented By: �5 Referred To: Committee:Date: 1 BE IT RESOLVED, that the Saint Paul Police Department is authorized to enter into the attached 2 agreement with the City of Roseville, to provide fire dispatching services. A copy of said agreement 3 is to be kept on file and on record in the Office of Financial Services. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 I '.�' By: rosevillefi redispatching-cr Approved by Mayor for Submission to Council: gy. �' Adoption �ertified by Council Secretary: Requested by Department of: ✓ DEPARTMENT/OFFICEICOUNCIL DATE INITIATED Police o��3�/ZOO� GREEN SHEET No. 111700 C NTACT PERS N 8 PH NE iNtiwvp INRIAWATE Q�� W1lllamFlnney 292-3588 7 oEr,vmnEUroiaecroR 4 crtrcouna� MUST BE ON COUNqLAGENDA BY (DA7E) � � µ.�iiATTORNEY �GLQL( t�1 i�� ❑FlWINGWLSEfMCE$OIR_ �FlNRNCIALSERVIACRG �MAYOR�02ASSISiAH��_ �OMNIPoGMTS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) enoN aenuesreo Signatures requested on the attached councd resolution authorizing the St. Paul Police Department to enter into an agreement with The Ciry of Roseville. The St. Paul Police Department will continue to provide fire dispatching services for the City of Roseville. RECOMMENDATION AppfoVe (A) of Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: � 1. Has this personlfl�m ever worketl under a contract for this department? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this persoNfirtn ever been a ciry employee? CIVIL SERVICE COMMISSION YES NO 3. Does this persoNfirm possess a skill not nortnally passessed by any cunerrt ciry employee? YES NO 4. Is this personlfirtn a targetetl vendof> YES NO Explain all yes answers on separate sheet and attach to green sheet INITIA7ING PROBLEM ISSUE, OPPOR7UNItt (WHO, WHAT, WHEN, WHERE, WHY) Under this agxeement the St. Paul Police Department will continue to provide fue dispatching services for the City of Roseville. ADVANTAGESIPAPPROVED Additional revenue for The City of St. Paul. DISADVANTAGESIFAPPROVED None. _ ��� DISADVANTAGESIFNOTAPPROVED Cotrrac� I�ese�rrch Centpr �EBL�;::;3' The loss of additional revenue. ��' �. .' 2fl�� CiTl� ATTOF�f�E`� TOTAL AMOUNT OF TRANSACTION $ 25,000.00 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDINGSOURCE C1YyOfROS0V111C ACTIVITYNUMBER credit 001-04302 FINANCIAL WFORMATION (EXPLAIN) 1 �� � Januazy ��, 2001 Tim Butler, ECC Manager St. Paul Police Department 100 East Eleventh Street St. Paul MN 55101 Dear Tim: Enclosed are hvo original copies of the Agreement for dispatching services which have been signed on behalf of the City of Roseville. Please return one original signed copy after signatures are obtained on behalf of the City of St. Paul. Thank you. Sincerely, i� Susan Wolter Department Assistant smw � Enclosures �� / o1-1c.5 2660 Civic Center Drive •�• Roseville •� Nlinnesota •�• 55113 h51-490-2200 •� TDD 651-490-2207 o�-rt.5 Agreement Between the City of Saint Paul and fhe City of Roseville. THIS AGREEMENT, made and entered into this 1 st day of November, 2000, by and between the City of Saint Paul, Minnesota, hereinafter "Saint Paul°;and the City of Roseville, hereinafter "Roseville." Saint Paul and Roseville, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: That Ramsey County SherifPs Office will continue to be the primary Public Safety Answer Point (PSAP) for Roseville, excepting that as to all requests for fire emergency services, such requests will be transferred to Saint Paul's Emergency Dispatch Center. That Roseviile will also furnish any back-up communication to its radio paging system to Saint Paul as it may have available. SEC1'ION i: Time For Completion. The services described in Section 1 shall take effect and be in force November 1, 2�0o, and may be renewed as herein provided. SECTION 2: Billings and Payment. That Roseville will pay to Saint Paul $25,000 per (twenty-five thousand dollars) per year for its services in quarterly installments due on or before the last days of March, June, September and December. If more than 1,000 fire calls are dispatched by Saint Paul via its Emergency Communications Center in any year, Roseville will remit to Saint Paul $25 (twenty-five dollars) for each additional call billed for payment along with the quarterly payment in the first quaRer of the following year. That in addition to the foregoing remuneration, Roseville shall also remit to Saint Paul the actual cost of any additional computer hardware and software and related installation, maintenance and repair costs and such other equipment and related costs used exclusively for Roseville, necessary to effectuate Saint Paul's communication responsibilities hereunder That further Roseville will assume the expense of any specific start up training or orientation requirements arising out of this agreement. In any calendar year, Saint Paul may increase the yearly fee in an amount not to exceed D�-�{oS $200 (two-hundred dollazs) per year to defray its additional wage and fringe benefit costs for its personnel in such year. SECTION 3: Project Management. That for the purposes of administerina this a�reement, Roseville's representative shall be the Roseville Fire Chief and Saint PauPs representative shall be the ECC Manager. SECTION 4: City Responsi6ilities. Saint Paul agrees to specific tasks, deliverables, time lines, etc. that make up these services as described herein. That Saint Paul will, in turn, notify Roseville's Fire Department via a radio paging system that Roseville presently has in place That Saint Paul will also undertake all fire ground communications during the course of any of Roseville's fire responses. That Saint Paul will meet quarterly with Roseville and after each significant incident to review the quality of communications SECTION 5: Compliance With Applicable Law. Roseville agrees to comply with all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the Roseville's performance of the provisions of this Agreement. It shall be the obligation of the Roseville to apply for, pay for, and obtain all permits and/or licenses required. SECTION 6: Independent Contractor. It is agreed by the parties that, at all times and for all purposes within the scope of this Agreement, the relationship of the Saint Paul to Roseville is that of independent contractor and not that of employee. No statement contained in this Agreement shall be construed so as to find Roseville an employee of Saint Paul, and Roseville shall be entitled to none of the rights, priviteges, or benefits of Saint Pauf employees. SECTION 7. Assignment. �°" Saint Paul and Roseville each binds itself and its successors, legal representatives, and assigns of such other party, with respect to ali covenant of this Agreement; and neither Saint Paul nor Roseville will assign or transfer their interest in this Agreement without the written consent of the other. 01_�V5 SECTION 8. "fermination. That this agreement may be temunated without cause upon 90 days written notice by either party. In the event the agreement is canceled pursuant to this paragraph, Roseville will be obligated to pay only a proportionate amount of the yearly cost equal to the amount of the year that expired prior to the cancellation. SECTION 9: Amendment or Changes to Agreement. Saint Paul or Roseville may request changes that would increase, decrease, or otherwise modify the Scope of Services. Such changes and method of compensation must be authorized in writing in advance by Saint Pauf Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties. Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term "this Agreement" as used herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith SECTION 10. Hold Harmless. That Roseville will indemnify and hold hazmless Saint Paul from any and all claims from any third party or from Roseville arising out of Saint PauPs performance of this agreement. Nothing in this contract shall be construed as a waiver of Saint Paul's municipal tort liability limits set forth in Minn.Stat.466.01 et seq and any services provided under this agreement are accordingly limited. SECTION 11. Notices. Except as otherwise stated in this Agreement, any notice or demand to be given under this Agreeinent shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices, authorizations, br other communications shall be addressed as follows: To Saint Paul: ECC Manager Tim Butler St. Paul Police Department 100 E. 11`� Street St. Paul, MN 55101 To Rosevilie Fire Chief Rich Gasaway Roseville Fire Department 2701 N. Le�tington Ave Roseville, MN 55113 o�-�es SECTION 12. Waiver. Any failure of a party to assert any right under this Agreement shall not constitute a waiver or a termination of that right, this A�reement, or any of this Agreement's provisions. SECTION 13. Survival oFObligation. The respective obligations of Saint Paul and Roseville under these terms and conditions, which by their nature would continue beyond the termination, cancellation, or expiration hereof, shall survive termination, cancellation or expiration hereof. If a court or governmental agency with properjurisdiction determines that this Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate. If a provision is so terminated but the paRies legally, commercially, and practicably can continue this Agreement without the terminated provision the remainder of this Agreement shall continue in effect. SECTION 14. Interpretation of Agreement, Venue. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. All litigation related to this Agreement shall be venued in the District Court of the County of Ramsey, Second Judicial District, State of Minnesota. SECTION 15. Force Majeure. Neither Saint Paul nor Roseville shall be held responsible for performance if its perFormance is prevented by acts or events beyond the party's reasonabie control including, but not limited to severe weather and storms, earthquake or other natural occurrences, strikes and other labor unrest, power failures electrical poGVer surges or current fluctuations, nuclear or other civil military emergences, or acts of legislative, judicial, executive, or administrative authorities. SECTION 16. Entire Agreement. - It is understood and agreed that this entire Agreement supersedes alt oral agreements and negotiations between the parties relating to the sub;ect matters herein. � o�-�r.s IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. A � n�- �� s9n�'ef �"9 rou-�e.d ov. �rz.erL s���f �l1/70/. OR1Gf�lAL Council File # o �� �`c� Green Sheet # 111700 RESOLUTION OF SAINT PAL7L, MINNESOTA Presented By: �5 Referred To: Committee:Date: 1 BE IT RESOLVED, that the Saint Paul Police Department is authorized to enter into the attached 2 agreement with the City of Roseville, to provide fire dispatching services. A copy of said agreement 3 is to be kept on file and on record in the Office of Financial Services. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 I '.�' By: rosevillefi redispatching-cr Approved by Mayor for Submission to Council: gy. �' Adoption �ertified by Council Secretary: Requested by Department of: ✓ DEPARTMENT/OFFICEICOUNCIL DATE INITIATED Police o��3�/ZOO� GREEN SHEET No. 111700 C NTACT PERS N 8 PH NE iNtiwvp INRIAWATE Q�� W1lllamFlnney 292-3588 7 oEr,vmnEUroiaecroR 4 crtrcouna� MUST BE ON COUNqLAGENDA BY (DA7E) � � µ.�iiATTORNEY �GLQL( t�1 i�� ❑FlWINGWLSEfMCE$OIR_ �FlNRNCIALSERVIACRG �MAYOR�02ASSISiAH��_ �OMNIPoGMTS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) enoN aenuesreo Signatures requested on the attached councd resolution authorizing the St. Paul Police Department to enter into an agreement with The Ciry of Roseville. The St. Paul Police Department will continue to provide fire dispatching services for the City of Roseville. RECOMMENDATION AppfoVe (A) of Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: � 1. Has this personlfl�m ever worketl under a contract for this department? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this persoNfirtn ever been a ciry employee? CIVIL SERVICE COMMISSION YES NO 3. Does this persoNfirm possess a skill not nortnally passessed by any cunerrt ciry employee? YES NO 4. Is this personlfirtn a targetetl vendof> YES NO Explain all yes answers on separate sheet and attach to green sheet INITIA7ING PROBLEM ISSUE, OPPOR7UNItt (WHO, WHAT, WHEN, WHERE, WHY) Under this agxeement the St. Paul Police Department will continue to provide fue dispatching services for the City of Roseville. ADVANTAGESIPAPPROVED Additional revenue for The City of St. Paul. DISADVANTAGESIFAPPROVED None. _ ��� DISADVANTAGESIFNOTAPPROVED Cotrrac� I�ese�rrch Centpr �EBL�;::;3' The loss of additional revenue. ��' �. .' 2fl�� CiTl� ATTOF�f�E`� TOTAL AMOUNT OF TRANSACTION $ 25,000.00 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDINGSOURCE C1YyOfROS0V111C ACTIVITYNUMBER credit 001-04302 FINANCIAL WFORMATION (EXPLAIN) 1 �� � Januazy ��, 2001 Tim Butler, ECC Manager St. Paul Police Department 100 East Eleventh Street St. Paul MN 55101 Dear Tim: Enclosed are hvo original copies of the Agreement for dispatching services which have been signed on behalf of the City of Roseville. Please return one original signed copy after signatures are obtained on behalf of the City of St. Paul. Thank you. Sincerely, i� Susan Wolter Department Assistant smw � Enclosures �� / o1-1c.5 2660 Civic Center Drive •�• Roseville •� Nlinnesota •�• 55113 h51-490-2200 •� TDD 651-490-2207 o�-rt.5 Agreement Between the City of Saint Paul and fhe City of Roseville. THIS AGREEMENT, made and entered into this 1 st day of November, 2000, by and between the City of Saint Paul, Minnesota, hereinafter "Saint Paul°;and the City of Roseville, hereinafter "Roseville." Saint Paul and Roseville, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: That Ramsey County SherifPs Office will continue to be the primary Public Safety Answer Point (PSAP) for Roseville, excepting that as to all requests for fire emergency services, such requests will be transferred to Saint Paul's Emergency Dispatch Center. That Roseviile will also furnish any back-up communication to its radio paging system to Saint Paul as it may have available. SEC1'ION i: Time For Completion. The services described in Section 1 shall take effect and be in force November 1, 2�0o, and may be renewed as herein provided. SECTION 2: Billings and Payment. That Roseville will pay to Saint Paul $25,000 per (twenty-five thousand dollars) per year for its services in quarterly installments due on or before the last days of March, June, September and December. If more than 1,000 fire calls are dispatched by Saint Paul via its Emergency Communications Center in any year, Roseville will remit to Saint Paul $25 (twenty-five dollars) for each additional call billed for payment along with the quarterly payment in the first quaRer of the following year. That in addition to the foregoing remuneration, Roseville shall also remit to Saint Paul the actual cost of any additional computer hardware and software and related installation, maintenance and repair costs and such other equipment and related costs used exclusively for Roseville, necessary to effectuate Saint Paul's communication responsibilities hereunder That further Roseville will assume the expense of any specific start up training or orientation requirements arising out of this agreement. In any calendar year, Saint Paul may increase the yearly fee in an amount not to exceed D�-�{oS $200 (two-hundred dollazs) per year to defray its additional wage and fringe benefit costs for its personnel in such year. SECTION 3: Project Management. That for the purposes of administerina this a�reement, Roseville's representative shall be the Roseville Fire Chief and Saint PauPs representative shall be the ECC Manager. SECTION 4: City Responsi6ilities. Saint Paul agrees to specific tasks, deliverables, time lines, etc. that make up these services as described herein. That Saint Paul will, in turn, notify Roseville's Fire Department via a radio paging system that Roseville presently has in place That Saint Paul will also undertake all fire ground communications during the course of any of Roseville's fire responses. That Saint Paul will meet quarterly with Roseville and after each significant incident to review the quality of communications SECTION 5: Compliance With Applicable Law. Roseville agrees to comply with all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the Roseville's performance of the provisions of this Agreement. It shall be the obligation of the Roseville to apply for, pay for, and obtain all permits and/or licenses required. SECTION 6: Independent Contractor. It is agreed by the parties that, at all times and for all purposes within the scope of this Agreement, the relationship of the Saint Paul to Roseville is that of independent contractor and not that of employee. No statement contained in this Agreement shall be construed so as to find Roseville an employee of Saint Paul, and Roseville shall be entitled to none of the rights, priviteges, or benefits of Saint Pauf employees. SECTION 7. Assignment. �°" Saint Paul and Roseville each binds itself and its successors, legal representatives, and assigns of such other party, with respect to ali covenant of this Agreement; and neither Saint Paul nor Roseville will assign or transfer their interest in this Agreement without the written consent of the other. 01_�V5 SECTION 8. "fermination. That this agreement may be temunated without cause upon 90 days written notice by either party. In the event the agreement is canceled pursuant to this paragraph, Roseville will be obligated to pay only a proportionate amount of the yearly cost equal to the amount of the year that expired prior to the cancellation. SECTION 9: Amendment or Changes to Agreement. Saint Paul or Roseville may request changes that would increase, decrease, or otherwise modify the Scope of Services. Such changes and method of compensation must be authorized in writing in advance by Saint Pauf Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties. Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term "this Agreement" as used herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith SECTION 10. Hold Harmless. That Roseville will indemnify and hold hazmless Saint Paul from any and all claims from any third party or from Roseville arising out of Saint PauPs performance of this agreement. Nothing in this contract shall be construed as a waiver of Saint Paul's municipal tort liability limits set forth in Minn.Stat.466.01 et seq and any services provided under this agreement are accordingly limited. SECTION 11. Notices. Except as otherwise stated in this Agreement, any notice or demand to be given under this Agreeinent shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices, authorizations, br other communications shall be addressed as follows: To Saint Paul: ECC Manager Tim Butler St. Paul Police Department 100 E. 11`� Street St. Paul, MN 55101 To Rosevilie Fire Chief Rich Gasaway Roseville Fire Department 2701 N. Le�tington Ave Roseville, MN 55113 o�-�es SECTION 12. Waiver. Any failure of a party to assert any right under this Agreement shall not constitute a waiver or a termination of that right, this A�reement, or any of this Agreement's provisions. SECTION 13. Survival oFObligation. The respective obligations of Saint Paul and Roseville under these terms and conditions, which by their nature would continue beyond the termination, cancellation, or expiration hereof, shall survive termination, cancellation or expiration hereof. If a court or governmental agency with properjurisdiction determines that this Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate. If a provision is so terminated but the paRies legally, commercially, and practicably can continue this Agreement without the terminated provision the remainder of this Agreement shall continue in effect. SECTION 14. Interpretation of Agreement, Venue. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. All litigation related to this Agreement shall be venued in the District Court of the County of Ramsey, Second Judicial District, State of Minnesota. SECTION 15. Force Majeure. Neither Saint Paul nor Roseville shall be held responsible for performance if its perFormance is prevented by acts or events beyond the party's reasonabie control including, but not limited to severe weather and storms, earthquake or other natural occurrences, strikes and other labor unrest, power failures electrical poGVer surges or current fluctuations, nuclear or other civil military emergences, or acts of legislative, judicial, executive, or administrative authorities. SECTION 16. Entire Agreement. - It is understood and agreed that this entire Agreement supersedes alt oral agreements and negotiations between the parties relating to the sub;ect matters herein. � o�-�r.s IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. A � n�- �� s9n�'ef �"9 rou-�e.d ov. �rz.erL s���f �l1/70/. OR1Gf�lAL Council File # o �� �`c� Green Sheet # 111700 RESOLUTION OF SAINT PAL7L, MINNESOTA Presented By: �5 Referred To: Committee:Date: 1 BE IT RESOLVED, that the Saint Paul Police Department is authorized to enter into the attached 2 agreement with the City of Roseville, to provide fire dispatching services. A copy of said agreement 3 is to be kept on file and on record in the Office of Financial Services. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 I '.�' By: rosevillefi redispatching-cr Approved by Mayor for Submission to Council: gy. �' Adoption �ertified by Council Secretary: Requested by Department of: ✓ DEPARTMENT/OFFICEICOUNCIL DATE INITIATED Police o��3�/ZOO� GREEN SHEET No. 111700 C NTACT PERS N 8 PH NE iNtiwvp INRIAWATE Q�� W1lllamFlnney 292-3588 7 oEr,vmnEUroiaecroR 4 crtrcouna� MUST BE ON COUNqLAGENDA BY (DA7E) � � µ.�iiATTORNEY �GLQL( t�1 i�� ❑FlWINGWLSEfMCE$OIR_ �FlNRNCIALSERVIACRG �MAYOR�02ASSISiAH��_ �OMNIPoGMTS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) enoN aenuesreo Signatures requested on the attached councd resolution authorizing the St. Paul Police Department to enter into an agreement with The Ciry of Roseville. The St. Paul Police Department will continue to provide fire dispatching services for the City of Roseville. RECOMMENDATION AppfoVe (A) of Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: � 1. Has this personlfl�m ever worketl under a contract for this department? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this persoNfirtn ever been a ciry employee? CIVIL SERVICE COMMISSION YES NO 3. Does this persoNfirm possess a skill not nortnally passessed by any cunerrt ciry employee? YES NO 4. Is this personlfirtn a targetetl vendof> YES NO Explain all yes answers on separate sheet and attach to green sheet INITIA7ING PROBLEM ISSUE, OPPOR7UNItt (WHO, WHAT, WHEN, WHERE, WHY) Under this agxeement the St. Paul Police Department will continue to provide fue dispatching services for the City of Roseville. ADVANTAGESIPAPPROVED Additional revenue for The City of St. Paul. DISADVANTAGESIFAPPROVED None. _ ��� DISADVANTAGESIFNOTAPPROVED Cotrrac� I�ese�rrch Centpr �EBL�;::;3' The loss of additional revenue. ��' �. .' 2fl�� CiTl� ATTOF�f�E`� TOTAL AMOUNT OF TRANSACTION $ 25,000.00 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDINGSOURCE C1YyOfROS0V111C ACTIVITYNUMBER credit 001-04302 FINANCIAL WFORMATION (EXPLAIN) 1 �� � Januazy ��, 2001 Tim Butler, ECC Manager St. Paul Police Department 100 East Eleventh Street St. Paul MN 55101 Dear Tim: Enclosed are hvo original copies of the Agreement for dispatching services which have been signed on behalf of the City of Roseville. Please return one original signed copy after signatures are obtained on behalf of the City of St. Paul. Thank you. Sincerely, i� Susan Wolter Department Assistant smw � Enclosures �� / o1-1c.5 2660 Civic Center Drive •�• Roseville •� Nlinnesota •�• 55113 h51-490-2200 •� TDD 651-490-2207 o�-rt.5 Agreement Between the City of Saint Paul and fhe City of Roseville. THIS AGREEMENT, made and entered into this 1 st day of November, 2000, by and between the City of Saint Paul, Minnesota, hereinafter "Saint Paul°;and the City of Roseville, hereinafter "Roseville." Saint Paul and Roseville, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: That Ramsey County SherifPs Office will continue to be the primary Public Safety Answer Point (PSAP) for Roseville, excepting that as to all requests for fire emergency services, such requests will be transferred to Saint Paul's Emergency Dispatch Center. That Roseviile will also furnish any back-up communication to its radio paging system to Saint Paul as it may have available. SEC1'ION i: Time For Completion. The services described in Section 1 shall take effect and be in force November 1, 2�0o, and may be renewed as herein provided. SECTION 2: Billings and Payment. That Roseville will pay to Saint Paul $25,000 per (twenty-five thousand dollars) per year for its services in quarterly installments due on or before the last days of March, June, September and December. If more than 1,000 fire calls are dispatched by Saint Paul via its Emergency Communications Center in any year, Roseville will remit to Saint Paul $25 (twenty-five dollars) for each additional call billed for payment along with the quarterly payment in the first quaRer of the following year. That in addition to the foregoing remuneration, Roseville shall also remit to Saint Paul the actual cost of any additional computer hardware and software and related installation, maintenance and repair costs and such other equipment and related costs used exclusively for Roseville, necessary to effectuate Saint Paul's communication responsibilities hereunder That further Roseville will assume the expense of any specific start up training or orientation requirements arising out of this agreement. In any calendar year, Saint Paul may increase the yearly fee in an amount not to exceed D�-�{oS $200 (two-hundred dollazs) per year to defray its additional wage and fringe benefit costs for its personnel in such year. SECTION 3: Project Management. That for the purposes of administerina this a�reement, Roseville's representative shall be the Roseville Fire Chief and Saint PauPs representative shall be the ECC Manager. SECTION 4: City Responsi6ilities. Saint Paul agrees to specific tasks, deliverables, time lines, etc. that make up these services as described herein. That Saint Paul will, in turn, notify Roseville's Fire Department via a radio paging system that Roseville presently has in place That Saint Paul will also undertake all fire ground communications during the course of any of Roseville's fire responses. That Saint Paul will meet quarterly with Roseville and after each significant incident to review the quality of communications SECTION 5: Compliance With Applicable Law. Roseville agrees to comply with all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the Roseville's performance of the provisions of this Agreement. It shall be the obligation of the Roseville to apply for, pay for, and obtain all permits and/or licenses required. SECTION 6: Independent Contractor. It is agreed by the parties that, at all times and for all purposes within the scope of this Agreement, the relationship of the Saint Paul to Roseville is that of independent contractor and not that of employee. No statement contained in this Agreement shall be construed so as to find Roseville an employee of Saint Paul, and Roseville shall be entitled to none of the rights, priviteges, or benefits of Saint Pauf employees. SECTION 7. Assignment. �°" Saint Paul and Roseville each binds itself and its successors, legal representatives, and assigns of such other party, with respect to ali covenant of this Agreement; and neither Saint Paul nor Roseville will assign or transfer their interest in this Agreement without the written consent of the other. 01_�V5 SECTION 8. "fermination. That this agreement may be temunated without cause upon 90 days written notice by either party. In the event the agreement is canceled pursuant to this paragraph, Roseville will be obligated to pay only a proportionate amount of the yearly cost equal to the amount of the year that expired prior to the cancellation. SECTION 9: Amendment or Changes to Agreement. Saint Paul or Roseville may request changes that would increase, decrease, or otherwise modify the Scope of Services. Such changes and method of compensation must be authorized in writing in advance by Saint Pauf Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties. Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term "this Agreement" as used herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith SECTION 10. Hold Harmless. That Roseville will indemnify and hold hazmless Saint Paul from any and all claims from any third party or from Roseville arising out of Saint PauPs performance of this agreement. Nothing in this contract shall be construed as a waiver of Saint Paul's municipal tort liability limits set forth in Minn.Stat.466.01 et seq and any services provided under this agreement are accordingly limited. SECTION 11. Notices. Except as otherwise stated in this Agreement, any notice or demand to be given under this Agreeinent shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices, authorizations, br other communications shall be addressed as follows: To Saint Paul: ECC Manager Tim Butler St. Paul Police Department 100 E. 11`� Street St. Paul, MN 55101 To Rosevilie Fire Chief Rich Gasaway Roseville Fire Department 2701 N. Le�tington Ave Roseville, MN 55113 o�-�es SECTION 12. Waiver. Any failure of a party to assert any right under this Agreement shall not constitute a waiver or a termination of that right, this A�reement, or any of this Agreement's provisions. SECTION 13. Survival oFObligation. The respective obligations of Saint Paul and Roseville under these terms and conditions, which by their nature would continue beyond the termination, cancellation, or expiration hereof, shall survive termination, cancellation or expiration hereof. If a court or governmental agency with properjurisdiction determines that this Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate. If a provision is so terminated but the paRies legally, commercially, and practicably can continue this Agreement without the terminated provision the remainder of this Agreement shall continue in effect. SECTION 14. Interpretation of Agreement, Venue. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. All litigation related to this Agreement shall be venued in the District Court of the County of Ramsey, Second Judicial District, State of Minnesota. SECTION 15. Force Majeure. Neither Saint Paul nor Roseville shall be held responsible for performance if its perFormance is prevented by acts or events beyond the party's reasonabie control including, but not limited to severe weather and storms, earthquake or other natural occurrences, strikes and other labor unrest, power failures electrical poGVer surges or current fluctuations, nuclear or other civil military emergences, or acts of legislative, judicial, executive, or administrative authorities. SECTION 16. Entire Agreement. - It is understood and agreed that this entire Agreement supersedes alt oral agreements and negotiations between the parties relating to the sub;ect matters herein. � o�-�r.s IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. A � n�- �� s9n�'ef �"9 rou-�e.d ov. �rz.erL s���f �l1/70/.