04-250Council File #
Green Sheet #
RESOLUTION
� SAINT PAUL, MINNESOTA
Presented By:
Referred To:
Committee:Bate:
1 WHEREAS, the Metropolitan Radio Board would like to donate two 800 megahertz RF radio control
2 stations and the installation cost of these stations to the City of St. Paul, Police Department,
3 approsimate value of $14,000; and
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WHEREAS, the City of St. Paul, Police Department, would like to accept this donatio� from the
:VIetropolitan Radio Board; and
WHEREAS, the public purpose of this donation is to allow the City of St. Paul to connect with the State
of Minnesota's radio system to allow interoperability and communication between the many public
safety, administrative, and government users of the State oFMinnesota's Radio System; and
BE IT RESOLVED, that the City Council accepts this generous donation, extends its sincere thanks
to the Metropolitan Radio Board, and authorizes the City of St. Paul to enter into the attached
agreement with the Metropolitan Radio Board, which includes an indemnification clause.
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Requested by Department of:
Police
,
By. � �� a8 = a 4
Adopted by Council: Date: /]7 �, aDD�
: Adoption
`;By: �
4
; Approvec
x
Council Secretary:
Date: �� � "�
a�-as
2�6031
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Form
By:
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ny c�ry
Mayor for
ag.04
iiaoioa GREEN�ET No. 206031 G
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1 (CLIP ALL LOCATIONS FOR SIGNATURE)
The Metropolitan Radio Boud would lilce to give ihe Ciry of St. Paul two 800 megahertz RF Radio Conuol Stations at no cost
They will also provide for the cost of installation. City Council approval of tkus is requested.
7. Has this persoNfirtn ever worked under a contract for this tlepartment?
PIANNING COMMISSION YES NO
CIB COMMITTEE 2. Has this personKrm ever been a city employee?
CIVIL SERVICE COMMISSION YES NO
3 Does this personffrm possess a swll not normally possessetl by any arrent ciry employee�
YES NO
4. Is this persoNfirm a targsted vendoR
YES NO
Ezplain all yes answers on 5epafate sheet and attach to green sheet
The City of St Paul is not able to communicate with any Minnesota State Radio System users on an 800 megahertz channel.
Communication with Minnesota State Radio 860 users will be possible without modification of current radio system. The
approximate cost of this equipment is $14,000, including installation. The cost of acquisitron and installauon will be paid by the
Metropohtan Radio Boud.
None.
IF NO7 APPROVED
Loss of equipment and inability to use the Minnesota State 800 Radio System� '
IOUNT OF TRANSACTION $ DOIIdtrOn
souRCe Metropolitan Radio Boazd
`INANCIAL INFORMATION (EXPLAIN)
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COST/REVENUE BUDGETED (CIRCLE ONE)
ACTNITY NUMBER
YES NO
4302
D�f - a so
RF Control Station Use Agreement
This AGREEMENT i"��eemanf'), made and entered into as of 2004, by aad betH•een St.
Paul Police Department {"User") undzr the laws of the State of Minnesoa, and the Meirogolitan Radio Board (the
`'Board") a political subdi�zsion under the laws vt the State of Minnesota.
Recitals
A Pnrsaazit to Minnesota Stamies Section 473.841 et. seq. the Board �s required ta aad is implementmg
a Minneapolis-St. Paul re�jon wide public safery radio system communication system ("Scsiem°j.
B. Pursuant to iviinn. Stai. § 473.894, Subd. 12, the Board shall establish priorities or protocols fer use o.
ihe System.
C. The User is a public §afety answering point ("PSAP") or other qualifying public safery entity and
desires to receive an RF control station, as mare fully described below.
D. The Board desires to dis[ribute RF conuol stations to PSAPs or other entities who are not users of the
System in order to enhance intexoperabiliry between and among agencies and users participating in the SS-stein and
non-users. The control stations are intended Eo ba redistributed to other non-par[icipating entiries as cuneni
reciyzents make decisians to becosne parheipants in the System,
NOW, THEREFdRE, in consideration of the gremises and the mutuaL covenants coatained herein, ard
in:ending to be legally bound, the parties a�eee as fo37ows:
:�g
Ter:n. The Terni of tl�is Agreement shall commence effective the c�ate first above written, and
terminate �n June 3U, 2UU4, subject to earlier terminatioa pursuant to Secuons 6 and 4. Thes
Agreement may be estended for additional one {1) year periods autorrtatically upon the
anniversary d•ate unless terminated according to the provisions in Section 6.
2. Eauinment De7iverv, Location
a. '`Equipment° means an RF Conirol Seation. either stand-alone or remote tcpe, as farthe�
described in the Radco Board S4andards {"Standazds") promulgated by the Boazd.
b. Del CN The Board and L�ser shall mutually agree on [he delivery• of s�e Equipmeni,
and wsts far tlelivery shatl be borne by the Boa'd; prm�ided, hoK�ever, tha8 an} costs for
deliveey° shall he subject to the reimbursement Iimitalion for installauon and
programming, as sei farth in Sec£ion 4.
c. Location. Use; agrees to keep the Byuipment at [he address speclfied abo�e. L`ser sha3l
not meve the Equipment fram the specified locauen unless apgroval Is obtained, in
wrdting, from ;he 3oard. The Board may insp2ct the Equipment upon reasonable notice
Osenershiv of Ec�ui�ment .�,ssi�nment. The Board is the owner of ihe Equigmer.i. lisar shall not
sell, trans{er, encu*nber, sublet or asngn the Equipment, withouF prior wrl8ten agreement of the
Board.
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4. Installation. Proerammine and ?vfaintenance. User agrees tc instalI the Equipment in accordance
rrith the Standards. Liser agrees to install the Equipment w�thin the one hundred and eighn
(IBO} days of receipt of Eqvipment. The Boatd agrees to reimburse User for costs of installation
and programming, not to axceed Two Thousand Dollars (52,000), upon an appropriate and
satislacton• doctmeniation of co..ts as deferneined by the Board. The Boazd agees to assume
responsibiliry to maintain and repair the Equipment, as comrnercially reasonable and upon
reasanable notice.
5. Use of Equipment: Traiidne. User agrees to use the Equipment in accordance with the protocols
and procedures developed bp the Baard, including but noi limited to the Stanc3arls User shall
;nfann the Board of the intended ralk g*oups and channeis w be used, including anp patches.
User agrees that it will procide adequate training for any person using the Equipment, and tYiat
such training will meet or exceed zhe standards established by the Board.
b. Ternrination. Removal or Dasablin� of uiament. Eitfier party may iernunate ihe Agreement
upon 180 �a} s' written notice to the oiher. Further, the Board may disable Equipment if, in :ts
sole discretior. it determines there is improper use of the Equipment (including but not limited to
❑on-compliance with the Standards or of any rutz or procedure of the $oard, or Fion-complfance
with am� terni of this Agreement) or the Eqxupment is maltunctioning such that it impairs or
interferes with the Svstem.
7. VF'ARRANTIES. THE BOARD MAKES NO �VARRAN'd"IES, EXPRESS OR Il4IPLIEID,
dNCLUAINC'r WARRANTIES OF MEFCHA�TABILITY QR FITNESS FOR USE OR
FOR A PAdtTICUZAR PURPOSE.
8. Mereea ar�d l�iodification.
a. Enure Aereement. Ft is un3erstood and agreed that the entire Agreement betceeen che
parties is coniained herein and that [�is Agreemertt supersedes all oral agreements and
negodauons between the parties relating to the suhject matter heFeof. All items refzrred
to in Ihis Agreement are incorporatzd or attacl�ed and are deemed to be part of this
AgTaement.
b. Amendments to Aareement. Any alteraiions, variafions, modifications, ar sv�ivers of
provisions of this Agreement shall onty be va}id ;vhen they have oeen rednced to �criting
as an amendment to this Agreement signed by the parties hereto.
9. Defaul;
a. If the User fasls io perform any oF the provisions of khis Agreement, this shall constit¢te
a default. Unless the User's default is excused by the Boazd, the Board may upon
written notice immediately cartcel this Agreement in its enrirety.
b Notwithstanding any prozisian af this Agreemeni to the contrary, the User shall not be
relieved of liability fo the Boazd for damages sustained by the Boazd by cirtue of any
breach of this Agreen�ent by the'Jser. However, User does noi waive Minnasota
Statutes, Cttapter 466 statutory limited immunih�_
c. The ab�ce remedies shati be in addi6on to am other right or remedy available to the
Boazd under this crontraci. Saw, statute, ru[e, ancVor equity.
d The Board's fai3ure to insist ugon strict performance of any provisian or to exer�ise an�
right under this Agreement shall not be deemed a re2inguishment or waiver of the sarile,
uniess consented to in writing. Such consent shall not constitute a general waiver or
, � oy- a�
relinquishment throughouz the enure tertn of the Agreement.
I0. r�tiscelianeaus Provisions.
a. Indenendent Parties. lt is muivall_; understood +1iat this Agrzement does not create an
emplosment relationship between the parties, nor dces i: create a partnerstup or j�int
venture, nor dces it con,�titu*.e a cooperatice agreement or;cinc powers agreemeni.
b. Tndemnification and Insurance. The L'ser sha11 inde;nrdfi , defead and hold harmtess
the Board its officers, mambers, employees and agents, from and against any and all
claims, damages, losses aad expenses, including reasonable attomeys' fees, that are a
direct result of any negtigent act, error ar amission, a direct result ofbreach of this
Agreetnent, oz the direM resuit of a w�liful act of the L'sez. its officers, members,
employees or agents.
7he User agrees to maintain insurance in nPe and amount satisfacton� to thY Soazd, and
sha31 demonstrate evidence of such coverage upon request of the Board. The User ma},
at its option, satisfy its abligarions under this provision through a program of self-
insurance.
The Board shall indemnify, defei�d and hoid hanniess tha User, its officers, members,
employees and agents, from and against any and all claims, damage, losses and
expenszs, including reasonable aetorneys' fees, that are a direct result of any ne�ligent
act, error or omission, a direct resuIt of breach o£ thrs Agreenient, or the direct result of
a wil2fu] act of the Board, itc officers, members, employees or agents.
Notwithstanding anything in this Agreement to the caatrarp, the Board and the L�ser
daes not waive any stamiory limited immunin from municipal tort lizbiliry� ava'slahle 30
it un�er Minnesota Statutes, Chapter ?66, or otherciise. Such statutor�� timite�3
immuniry sha11 apply whether an actien, claam, demand or lawsuit is lnitiated by the
User or atry third party.
,,. Data Privacv. User, its officers, agents, arvners, partners, eangio�ees, valunteers ar
subcontractors agree to abide by the pravisions of the Minnesota Goc�srnmen? Data
Practices Act, Minnesota Statutes, Chapter 13, ansi al2 otlier appiicable state ai;d federat
Yaws, rules, regulations and orders relating ta data privacy or co�dentialih, and as any
of the same may be amended. User agrees to defend, indemni£�� and 'nold tiie Eoard, i?s
officials, afficers, agenfs, employees, and volunteers harmless from any cIaims resulting
from User's officers', agents', awners', partners', employees', vaSui:iezrs', assignees' or
subcontraciors' unia�vful disclosure and/or use of such gratected ciata. Tt�e zernes of this
garagraph shall sun•ive the canceliation or termination ef chis Agree3nent. Hox�ever,
User does not waive Minnesota Statutes, Chapier 36h statutory timited immuniN.
d. Rzcords - AV�aitatsilitv!Access. Subject to the requirements of Minmes�aa Statutes
Secuon 15CA5, Subd. 5(as may 6e amended}, ihe User agrees tliat the Board, the State
Auditor, the Legislative Auditor or any of their duly authorized representauves ai any
ume during norma2 business hours, and as ohen as they may *easonably deem necessary,
shall have access to and ihe right to examine, audit, e�:cerpt, and transcribe any books,
decuments, gapers, records, etc., cvhich are periinent to the acca�nting practiczs and
procedures of the User and involved uansacdons tela�ng to this Agreement. Such
materials shalt be maintained and such access and rights shsll be in force and effect
during the peiiod of the contract and foa six (6) years after iis termfnatian or
cancellation.
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e. Contract A�ministration. in order to coordinate r�e services of the User with the
acvvities o: the Board so as to a:.complish the purooses of this Agxeemem,
. shalI manage this Agresment on behalf of the User and serve
as liaison between the Boazd and the User.
tVotices. Anv aorices or demand .��hich must be given or m2de by a�am' "�ereto nnder
the tenns of this Agreeme�t or any s`ahate ar ordinance shall be in �:ritng, and shall be
sent registered or certified mail. Notices m ihe Board shall be sent !o the Executice
Director at the address gi��en be?o:v. Notice io the User shall be sent to the address
stated belon°.
"Co IIoard: Executive Director
Metropolitan Radio Boazd
2499 University Avenu�
St. Paul, MN SSI04
Iiser:
Misusesota Laws Gavern. The I.aws of the State of Minnesota sha41 govem all questions
a:id mteipretations conceming the validity uid constmction of this 9greement and the
Isgal relations between the hexezn perties and performance under i4. The appropriate
tienue and;uEisdiction for any litlgation hereunder wiit be those courts lacated �vithin
Lhe County of Hennepin, State of Minnesota. Litigation, howerer, in the federal coana
emolving the herein �arties will be in the appmpriate federal court within the State of
Minnesasa. 5f any provision ef this Agreement is held invalic�, illegal or unenforceable,
[he remaining provi�ions will not be affecced.
h Cavera e. ISser acknowiedges that one hundzed percent (1D0'�o) caveraga af airy area at
aIl dmes is imprebable. There ma} be adverse Yransanission wnditions such as short-
term unpredictable meteoralogacal efd'ects and sky wave interference from disz;�nt
stations thae can interrupt the Systean. Likewise, there are other causes beyond
reasanable control of ihe Board, inclading but not lirruied to, motor ignition and
electaioal noise ct�at may be nainicnized by corrective davices at [he tJser's e.�ense_ Any
surve}5, stuQie,s, research or tather measures talcen to ensuLe the adequacy af coverage
provided to tha L'ser under irsis Agreement are the sole responsibility and expense of the
liser.
IV WIT1iES3 W�IEREO�'. ihe panies, haviag first read, un3erstood and agreed ta the terms and conflitions
hereof, have caused this A�eement to be eze�,"uted by zheir authorized representatives_
�Iti7��i
AG?tEEI?:
bAE1'ROYOLITAN RADIO BOARD
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