05-604Council File # �._�
Green Sheet # ZC� a�I l�
Presented By
Referred To
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
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Committee: Date
1 WHEREAS, The County is in the process of implementing a new 800 MHz radio
2 communicarion system as a subsystem to the regionwide 800 MHZ system;
4 WHEREAS, The County currently operates a Public Safety Answering Point
5 ("PSAP")/Dispatch Center, from which dispatch services are provided for the Ramsey County
6 Sheriff and the cities of Arden Hills, Gem Lake, Little Canada, Mounds View, New Brighton,
7 North Oaks, Roseville, Shoreview, and Vadnais Heights, and the township of White Bear;
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WHEREAS, The City also operates an independent PSAP/Dispatch Center from which it
provides dispatch services for its residents;
WHEREAS, The City and the County have determined that it is in the best public safety
interests of all residents served by the City and the County to merge the City"s PSAP/Dispatch
Center with the County"s PSAP/Dispatch Center, to form a consolidated dispatch center
(""Dispatch Center"") to be operated by Ramsey County;
WHEREAS, The County is planning the construction of a new facility on the campus of
the Ramsey County Law Enforcement Center and the Saint Paul Police Department Headquarters
to house the Dispatch Center that will use the County's new Public Safety Communication
System (""PSCS"")/800 MHz radio communication subsystem;
WHEREAS, The City wishes to have Ramsey County assume the responsibility for
dispatch services for the City when the new Dispatch Center becomes operational;
WHEREAS, The parties have reached agreement on the terms and conditions far the
consolidation of the City and County PSAP/Dispatch Centers and for the County to provide
dispatch services far the City;
WHEREAS, The parties are empowered to enter into the agreement pursuant to the
Minnesota Statute 471.59, the Joint Powers Agreement statute; and
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2 RESOLVED, That the Saint Paul City Council hereby directs and delegates the proper
3 city authorities to enter into the attached agreement.
4
By: �
Approved r� Mayor: Date e
By: �
Requested by Department of:
By:
Adoption Certified by Council Secretary
� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet �
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DepartmenNOffice/wuncil: Date Ini6ated:
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MO — Mayo{s0ffice �-��N-o5 Green Sheet NO: 3027145
Contact Person 8 Phone• ���ent Sent To Person InitiaUDate
Dennis Flaherty � o av r� Office
266-85�0 }�� 1 avor'sOftice
Must Be on Council qqenda by (Date): Number 2 ;h An m
For
RoUting 3 ouncil
Order 4 i Clerk
5
Total # of Signature Pages _(Clip All Lowtions for Signature)
Action Requested:
Vote on resolution to enter into a joint powers agreement between the City of Saint Paul and Raxnsey County for consolidation of
dispatcli operations.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions:
Planning Commission 1. Has ihis perso�rm ever worked under a contract for this departme�t?
CIB Committee Yes No
Civil Service Commission 2. Has this persoNfirm ever been a city employee?
Yes No
. � 3. Dces this personffirm possess a skill not normalry passessed by any
current ciry employee?
Yes No
Explain all yes,answers on separate sheet and attach to green sheet
� I�itiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The City of Saint Paul and Ramsey County's mulriple municipalities' use of two 91 I dispatch operations.
AdvantageslfApproved:
Ibwould be in the best interests of all residents in the City and participating municipalities in the County to have one dispatching
center. Plus cost savings to municipalities.
Disadvantages If Approved: � � }°t �'" °$ hr
City of Saint Paul will not have direct and absolute control over its own dispatch center.
;IUN 2 � 2�0�
DisadvanWges If Not Approved:
City of Saint Paul and Ramsey County would have to have two separate dispatching centers.
ToWlAmountof CosURevenue Budgeted:
7ransaction:
Funding Source: Activity Number.
Financial Information:
(Explain)
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JOINT POWERS AGREEMENT BETWEEN RAMSEY COUNTY AND THE CITY OF
SAINT PAUL FOR CONSOLIDATED DI5PATCH OPERATIONS
This Joint Powers Agreement is between Ramsey County, a political subdivision of the State of
Minnesota ("County") and the Ciry of Saint Paul, a municipality under the laws of the State of
Minnesota ("City"), both of which are empowered to enter into joint powers agreements pursuant to
Minn. Stat. § 471.59.
WHEREAS, The County is in the process of iznplementing a new 800 MHz radio communication
system as a subsystem to the regionwide 800 MHZ system; and
WHEREAS, The County currently operates a Public Safety Answering Point ("PSAP")/Dispatch
Center, from which dispatch services are provided for the Ramsey County Sheriff and the cities of
Arden Hills, Gem Lake, Little Canada, Mounds View, New Brighton, North Oaks, Roseville,
Shoreview, and Vadnais Heights, and the township of White Beaz; and
WHEREAS, The City also operates an independent PSAP/Dispatch Center from which it provides
dispatch services for its residents; and
WHEREAS, The City and the County have determined that it is in the best public safety interests of
all residents served by the City and the County to merge the City's PSAP/Dispatch Center with the
County's PSAP/Dispatch Center, to form a consolidated dispatch center ("Aispatch Center") to be
operated by Ramsey County; and
WHEREAS, The County is planning the construction of a new facility on the campus of the Ramsey
County Law Enforcement Center and the Saint Paul Police Deparhnent Headquarters to house the
Dispatch Center that will use the County's new Public Safety Communication System
("PSCS")/800 MHz radio communication subsystem; and
WHEREAS, The City wishes to have Ramsey County assume the responsibility for dispatch
services for the City when the new Dispatch Center becomes operarional; and
WHEREAS, The parties have reached agreement on the terms and conditions for the consolidation
of the City and County PSAP/Dispatch Centers and for the County to provide dispatch services for
the City;
NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the
parties do hereby agree as follows:
Dispatch Agreement with the City of Saint Paul 1 of 12
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nrc;de 1. rur�,ose
The purpose of this agreement is to establish the parameters for the consolidation of separate
PSAP/Dispatch Centers, to establish a framework for the operation of the Dispatch Center with the
participation of the City and other Dispatch Center users, and to delineate the terms and condirions
under which the County will provide dispatch services.
Article II. Definitions
2A 1 Additional Member means any public entity or agency or governmental unit that signs an
agreement with the County after the Dispatch Center becoming operational, for dispatch
services by the County from the Dispatch Center.
2.02 County Manager means the Ramsey County Manager appointed by the Ramsey County
Boazd of Commissioners, or the Ramsey Counry Manager's designee.
2.03 Dispatch Center means the location from which the County will provide emergenc}� 911
communications and dispatching services using its PSCS/800 MHz radio communications
subsystem, for police, fire, emergency medical services, and other public safety agencies for
cities and agencies that have contracted with the County for such services.
2.04 Initial Member means any municipality that signs an agreement with the Counry, prior to
the Dispatch Center becoming operational, for dispatch services by the County from the
Dispatch Center.
2.05 Member means either an Initial Member or an Additional Member.
2.06 Radio System Manager means the Ramsey County employee who manages the County's
800 MHz interoperable radio communication system and the County's Dispatch Center.
Article III. Term
This agreement shall become effective on the date executed by both parties ("Effective Date") and
shall continue in effect for a period of twelve (12) years from the date the Dispatch Center begins
providing services for the City ("Initial Term"). Thereafter, the term shall automatically renew for
additional one (1) year periods, up to a maximusn of 30 renewal periods, subject to the right of
either pariy to temunate as set forth in Section 8.01.
Article IV. Dispatch Policy Committee
4.01 Creation
The Dispatch Policy Committee ("Committee") is hereby created with the powers and
responsibilities as set forth herein.
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4.02 Membership
a. If the Cities of Ivlaplewood, Saint Paul, and White Bear Lake sign agreements to
consolidate their PSAP/Dispatch Centers with the County's PSAP/Dispatch Center,
the Committee is to be made up of the following elected o�cials:
l. The Ramsey County Sheriff
2. Four members of the Saint Paul City Council
3. The Mayor of the City of Saint Paul
4. The Mayor or one member of the Maplewood City Council
5. The Mayor or one member of the White Bear Lake City Council
6. Two elected representatives of the other cities in Ramsey County that do not
operate independent PSAP/Dispatch Centers and that sign agreements with
Ramsey County to receive dispatching services from the Dispatch Center, to
be selected in a manner to be determined by the involved cities.
b. If either the City of Maplewood or the City of White Bear Lake does not sign an
agreement to consolidate its PSAP/Dispatch Center with the Counry's
PSAP/Dispatch Center, the number of Saint Paul Ciry Council members will be
reduced by one. If both the City of Maplewood and the City of White Beaz Lake do
not sign agreements to merge their PSAP/Dispatch Centers with the County's
PSAP/Dispatch Center, the number of Saint Paul City Council members will be
reduced by two.
a If the individual appointed to the Committee leaves the elected office, the public
entity's elected officials will be responsible for appointing a replacement
representative in a timely fashion.
d. Committee members shall be appointed by the jurisdiction they represent for such
period of time as detemvned by each jurisdiction.
4.03 Duration
Unless earlier dissolved by mutual agreement of all of the then-current Members the
Committee shall continue to operate far the duration of this Agreement.
4.04 Officers
a. The Committee members shall select a Chair and a Vice Chair at its first meeting,
and thereafter on an annual basis, provided that, during the first two years of its
operation, the Mayor of the City of Saint Paul shall be the Chair of the Committee.
Thereafter, the Chair shall be selected annually from the Committee members. The
initial term of the Chair shall be two years and of the Vice Chair sha11 be one yeaz.
Thereafrer each shall serve for one year. The Vice Chair shall be a representative of a
Member other than a Member represented by the Chair.
b. The duties of the Chair shall be as follows:
1. approve the agenda for Committee meetings, with the input and assistance of
the Radio System Manager and other Committee members;
2. preside at Committee meetings;
3. sign all official documents as authorized by the Committee;
4. make reports, direcfly or through a designee, to the Committee and the
Ramsey County Boazd as deemed appropriate; and
5. perform such other duties as are incident to the office and properly expected
by the Committee.
Dispatch Agreement with the City of Sain[ Paul 3 of 12
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c. The duries of the Vice Chair shall be as follows:
1. in the absence of the Chair, to perform the duries of the Chair; and
2. to perform such duties as may be requested by the Chair.
d. The Radio System Manager shall serve as execurive secretary to the Committee and
shall provide for all correspondence, reporting, and recordkeeping functions for the
Committee, consistent with Minnesota Statutes Chapter 13 and statutory retention
laws.
4.05 Powers and Authorities of the Committee
a. The Committee shall assist the County in reviewing and evaluaring the performance
of the Dispatch Center to ensure that the service meets the needs and expectations of
the communities and public safety user agencies.
b. The Committee shall make recommendations to the County Manager and to the
Radio System Manager concerning voice and data communications systems relating
to public safety agency dispatching, public service information, education and
advertising programs, and any other matter relating to the provision of emergency
communications services.
a The Committee, in consultation with the County Manager and the Radio System
Manager, shall develop a process for selection of the Dispatch Center Operations
Manager who shall be responsible for the day to day operation of the Dispatch Center
under the supervision of the Radio Systems Manager. At a minimum, the process for
selection shall comply with Ramsey County's Human Resources hiring guidelines,
and shall provide for a minimum of three qualified candidates to be recommended by
the Committee to the County Manager or designee, who shall have final hiring
authoriry.
d. The Committee shall periodically review operations and make recommendations on
the operations, standards, and budget for the Dispatch Center.
e. The Radio System Manager shall report to and serve at the pleasure of the County
Manager as advised by the Committee relating to the functions involving
consolidated dispatch services for the Members. The County Manager will work
with the Radio System Manager in an expeditious manner to resolve any concerns
raised by the Committee. If, however, a majority of the Committee is not satisfied
with the outcome, the County Manager will take appropriate personnel action, which
may involve temunation.
f. The Committee shall perform such other duties as may be requested by the Ramsey
County Board of Commissioners.
4.06 Meetings and Voting
a. The Committee shall meet at least quarterly during the first year this Agreement is in
effect. Thereafrer, the Committee members shall deternune the frequency of regular
meetings. In addition, a special meeting may be called by the Chair or by a majority
of the then-current Committee members.
b. Each public entity with a member on the Committee shall be responsible for
complying with requirements of State Statute relating to open meetings.
c. Committee members may not appoint proxies.
d. Each Committee member shall have one vote.
e. A decision of the Committee shall require approval by a majority of the Committee
members, provided there is a quorum in attendance.
Dispatch Agreement with the Ciry of Saint Paul 4 of 12
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f. A quorum of the Committee shall require one half of the Committee members plus
one to be in attendance at the time of any decision.
g. At its first meeting, the Committee shall adopt a process for resolving tie votes.
Article V. Transifion
5.01 General
a. In order to ensure a smooth and orderly transition from the separate Counry and City
PSAP/Dispatch Centers to the consolidated Dispatch Center, and to ensure that there
aze no gaps in services to the public, the County Manager, or his designee, will
manage transition activities.
b. The Committee recognizes that the first two years of the consolidated dispatch will
be a difficult transition from sepazate PSAP/Dispatch Centers to one consolidated
Dispatch Center and the Committee will cooperate with the County Manager and
Radio System Manager to insure success.
c. The County and the City will come to mutual agreement on a date when
administrative control of the City employees will come under the administrative
control of the Radio System Manager.
d. Transition activities will include, but are not limited to, the following:
1. development of a transition plan, including analysis of staff skills and
interests, and of training and hiring needs;
2. training of employees and recruitment of additional staff, as necessary;
3. development of a Dispatch Center budget;
4. bargaining the effects of this Agreement with unions representing County
employees;
5. working with City representatives who are bargaining the effects of this
Agreement with unions representing City employees; and
6. working with the City to establish the date when transition will occur.
5.02 Personnel
a. No current City or County employees who are performing services at their respective
PSAP/Dispatch Centers on the effective date of this Agreement shall be discharged
or laid off as a direct result of this consolidation. Employees may be laid off for
reasons of loss of funds or grant monies, service demand fluctuations, or other
reasons unrelated to the combuung of the Dispatch Center. The County is not
required to refill any vacant positions.
b. The Dispatch Center will be staffed by County employees, and by City employees
who shall provide services as described in this Agreement, in such capaciries as the
Radio System Manager shall determine.
c. Ciry employees working for the City PSAP/Dispatch Center on the Effective Date of
this Agreement will continue as City employees afrer the Effective Date, but will
provide services at the Dispatch Center under the following terms:
1. City employees covered by this Agreement who provide services for the
Dispatch Center as City employees shall be subject to the provisions of
applicable union agreements between the City and unions representing City
employees, including any modifications contained in Memoranda of
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Agreement/Memoranda of Understanding with the affected bargaining units
pertaining to the Dispatch Center consolidation; and applicable City policy.
2. Any new posirions authorized for the Dispatch Center shall be County
posirions.
3. The County shall pay the City for the services provided by the City's
employees at the Dispatch Center from the date the County begins providing
services for the City from the Dispatch Center. The amount to be paid will be
the City's actual costs in the following categories: direct payroll charges; and
the cost for employee fringe benefits for health insurance, FICA, Workers'
Compensation, and pensions. The County is purchasing the services of City
employees until such time that the County is able to staffthese services with
County employees. Such staffmg shall be accomplished by transfening City
positions that become vacant through attrition to the County. The City will
be responsible for any severance pay or post employment insurance costs for
City employees who remain City employees at the time of retirement or
ternunation of employment.
5.03 City PSAP/Dispatch Center Operations
The City will cease operation of its PSAP/Dispatch Center on the date when the County
begins providing services for the City from the Dispatch Center.
Article VI. Dispatch Center Operations and Services
6.01 Mission
The Mission of the Dispatch Center is to provide both field responders and citizens the best
emergency communication service making maximum use of personnel and technology.
6.02 Day to Day Operations
a. Day to day operations of the Dispatch Center will be under the direction of the Radio
System Manager.
b. The City hereby appoints and designates the County as its agent with respect to the
operation and management of the Dispatch Center.
6.03 Services
a. Emergency communications and dispatch services shall be provided on behalf of the
City, the County, and other Members 24/7/365 far police, fire, and emergency
medical services.
b. The Dispatch Center will utilize a two-stage dispatching system whereby
telecommunicators will take incoming requests for service and relay them to
dedicated dispatchers who will be assigned for police calls as well as those for fire
and emergency medical calls. This will not impact the County's ability to cross train
dispatchers for fire and police dispatch.
c. Standardized procedures will be formulated with input from user groups.
Customization of procedures for participating agencies will be provided to the extent
such customization can be accoznmodated by the Computer Aided Dispatch System.
d. A quality assurance program will be adopted based on national standazds.
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6.04 Dispatch Users Group
a. A Dispatch Users Cttoup shall be formed, to be comprised of one chief or command
officer from each of the following agencies:
1. Saint Paul Police;
2. Saint Paul Fire;
3. Maplewood Police;
4. Maplewood Fire;
5. One suburban fire department other than Maplewood;
6. One suburban police department other than Maplewood; and
7. One undersheriff or command officer from the Ramsey County Sheriffls
Office.
b. The Dispatch Users Group may adopt rules regarding the selection by the agencies of
their Dispatch Users Crroup member by job classification and the duration of
membership in the Dispatch Users Group.
a The suburban fire department representative will be selected annually by the Ramsey
County Fire Chiefs Association. The suburban police department representative will
be selected annually by the Ramsey County Chiefs of Police. The Dispatch Users
Group will meet quarterly or at some other interval as determined by the group.
d. The Dispatch Users Group shall have a Law Enforcement Subcommittee and Fire
and EMS Subcommittees. The Law Enforcement Subcommittee shall be comprised
of one police officer, deputy, or supervisor from each 1aw enforcement agency served
by the Dispatch Center. The Fire and EMS Subcommittees shall be comprised of one
firefighter, emergency medical responder, or supervisor from each fire and EMS
agency served by the Dispatch Center.
e. Each representative to the Dispatch Users Group will have one vote.
£ The roles and responsibilities of the Dispatch Users Crroup will be to:
1. Provide user agency input to the Radio System Manager into the process of
developing protocols and dispatching standardsforthe Dispatch Center.
2. Provide a forum for the exchange of ideas between Dispatch Center staff and
users far the purpose of improving service, reviewing critical incidents, and
resolving complaints.
3. Provide for coordination of service between the Dispatch Center and local
agencies with the intent of providing seamless public safety service that
makes the administrative boundary between dispatching and field responders
as transparent as possible to the public.
4. Provide input to the Dispatch Policy Committee as to the overall performance
of the Dispatch Center in serving the needs of the user agencies.
g. Issues that cannot be resolved by the Dispatch Users Group may be referred to the
Dispatch Policy Committee.
h. The Radio System Manager shall serve as executive secretary to the Committee and
shall provide for all correspondence, reporting, and recordkeeping functions for the
Committee.
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Article VII. Cost and Funding
7.01 Capital Expenditure and Equipment
a. This Agreement is contingent on execurion of and subject to performance by the
parties of the following: 1) the Car-Lo MOU and lease agreement for the building to
house the Dispatch Center; and 2) the Joint Powers Agreement for Ownership, Use
and Operation of a Computer Aided Dispatch ("CAD") System.
b. Subject to simultaneous execution by the City and the County of this Agreement and
a Memorandum of Understanding for the transfer of the Car Lo property from the
City to the County, the County will pay the facility construction and site
development costs for a Dispatch Center that will be of such size and configuration
as to provide communications and dispatch services to meet the needs of
consolidated dispatch.
a The County will pay for the 800 MHz radio system equipment in the Dispatch
Center, including consoles and connections to the regional system backbone.
d. Subject to simultaneous execution by the City and the County of an agreement
regarding the Computer Aided Dispatch ("CAD") System, the City will pay for and
provide the CAD equipment for use by the Dispatch Center.
e. The County shall have the first right of refusal for the transfer of any VHF channels
the City will no longer need after the transition.
7.02 Operating Costs
a. The City and the County agree that the City's annual cost for dispatch services is
$5, ll0,662, after application of 911 fees ("City Costs").
b. The County will gradually assume responsibility for paying the full operating costs
of providing dispatch services for the City. Operating costs do not include the cost of
any severance payments or retiree insurance for City employees.
c. The City and the County will pay the indicated percentages of the City Costs during
the eight-year transition period ("Transition Period") until the County assumes
payment of 100% of the City Costs in Year 8, according to the following schedule.
Yeaz*/Months Citv Responsibility Countv ResQonsibility
One/Ol - 12 $5,110,662/100% $0/0%
Two/13 - 24 $4,599,596/90% $ 511,066/10%
Three/25 -36 $4,088,530/80% $1,022,132/20%
Four/37 -48 $3,321,930/65% $1,788,732/35%
Five/49 -60 $2,555,331l50% $2,555,331l50%
Six/61 -72 $1,788,732/35% $3,321,930/65%
Seven/73 -84 $1,022,132/20% $4,088,530/80%
EighU85 -96 $0 $5,110,662/100%
*"Year" means a twelve-month period beginning on the date dispatch
services are first provided for the City from the Dispatch Center.
d. The City will pay its yearly amount of the City Costs to the County on a monthly
basis within thir[y (30) days of receipt of an invoice from the County following the
commencement of each month of the Transition Period.
e. If, during the Transition Period, a law is adopted that imposes levy limits, establishes
properry tax caps, or otherwise places limits on the property tax that would make it
Dispatch Agreement with the City of Saint Paul 8 of 12
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impossible for the County to continue to assume the City Costs, the County and the
Ciry agree to jointly request and seek legislarion that would allow the costs for
dispatch center consolidation and public safety communication systems to be outside
the properry taz levy lunits. If no legislation is enacted that allows Ramsey County
to continue to assume the Ciry Costs during the Transition Period, then the City shall
continue to pay each year the amount that it was paying at the time the levy limits or
property taY limitations went into effect.
7.03 911 fees
a. The City shall be enritled to keep a portion of the 91 I fees during the Transirion
Period according to the following schedule.
b. During and after the Transition Period, any 911 fees received by either the County or
the City in excess of the dollar amount listed below for that time period as retained
by the Cily will belong to the County and will be applied to cover the County's
portion of the Dispatch Center operating costs.
Xear/Months 911 Fees retained bv Citv 9ll Fees paid to Countv
One/O1 — 12 $213,000 $ -0-
Two/13-24 $191,700 $ 42,600
Three125 — 36 $170,400 $ 74,550
Four/37-48 $138,450 $106,500
Five/49 — 60 $106,500 $138,450
5ix/61— 72 $ 74,550 $170,400
Seven/73 — 84 $ 42,600 $191,700
EighU85 — 96 $ -0- $213,040
7.04 Otherfunds
Nothing herein shall preclude either party from applying for and receiving federal or state,
or funds from other public and private sources, for the capital, equipment and/or operating
costs of the Dispatch Center.
Article VIII. General Terms and Conditions
8.01 Termination
This Agreement may not be terminated during the Initial Term. Thereafter, either party may
terminate this Agreement at the end of a calendar year by action of its governing body and
upon a minimum of twelve (12) months written notice to the other party.
8.02 Indemnification and Insurance
a. Each party shall remain liable for any damages, loss, liability, claims, causes of
action, judgments, or expenses resulting directly or indirectly from any act or
omission of the party, its employees, elected officials, or agents, in relation to that
party's PSAP/Dispatch Center operations prior to the date that the County begins
providing dispatch services for the City from the Dispatch Center under the terms of
this Agreement.
b. Effective on the date that the County begins providing dispatch services for the City
from the Dispatch Center under the terms of this Agreement, the County will be
responsible for its own acts and omissions and the acts and omissions of its
Dispatch Agceement with the City of Saint Paul 9 of 12
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employees, elected officials, and agents, and for the acts and omissions of City
employees while perfomung services at the Dispatch Center as they relate to this
Agreement and for any liability resulting therefrom, to the extent authorized by law.
a Consistent with the provisions of Secrion 8.02 a. and b., each party agrees to defend,
indemnify and hold harmless the other party, its employees, elected officials, and
agents from any liability, claims, causes of action, judgments, damages, losses, costs
or expenses, including reasonable attorneys fees, resulting directly or indirectly from
any act or omission of the indemnifying party, its employees, elected officials, or
agents, in the performance or failure to perform its obligarions under this Agreement.
Each party remains liable for its employees for purposes of Workers Compensation.
d. Each party warrants that it is able to comply with the aforementioned indemniry
requirements through commercial insurance or a self-funding program.
e. The County agrees to maintain property insurance coverage throughout the term of
this Agreement on the Dispatch Center facility and all of the County equipment
within the Dispatch Center. The City agrees to maintain property insurance coverage
throughout the term of this Agreement on all of the City equipment within the
Dispatch Center.
8.03 Non-Assignability
Neither party shall assign any interest in this Agreement nor transfer any interest in the
same, whether by subcontract, assignment or novation.
8.04 Compliance With Applicable Law
a. Both parties agree to comply with all federal, state and local laws, resolutions,
ordinances, nxles, regulations and executive orders pertaining to unlawful
discrimination on account of race, color, creed, religion, national origin, sex, marital
status, status with regard to public assistance, sexual preference, disability, or age.
b. Both parties agree to comply with all federal, state and local laws or ordinances, and
all applicable rules, regulations, and standards established by any agency of such
govemmental units, which are now or hereafter promulgated insofar as they relate to
the parties' performance of the provisions of this Agreement.
8.05 Data Practices
All data collected, created, received, maintained or disseminated for any purpose in the
course of either party's performance of this Agreement is governed by the Minnesota
Government Data Practices Act, Minn. Stat. Ch. 13, or any other applicable state statutes,
any state rules adopted to implement the Act and statutes, as well as fedexal statutes and
regulations on data privacy.
8.06 Audit
Until the expiration of six (6) years after the ternunation of this Agreement, each party shall,
upon written request of the other party, shall make available to the requesting party, the
State Auditor or the requesting party's ultimate funding sources, a copy of this Agreement
and the books, documents, records and accounting procedures and practices relating to this
Agreement.
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8.07 Alteration
Any alteration, variation, modification, or waiver of the provisions of this Agreement shall
be valid only after it has been reduced to writing and duly signed by both parties.
8.08 Notice
Any notice required to be given by this Agreement shall be made by delivery by first class
mail, postage applied, to:
Ramsey County
Office of the County Manager
250 City HalU Courthouse
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
City of Saint Paul
Office of the Mayor
390 City HalUCourthouse
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
8.09 Arbitration
Any dispute between the parties to this Agreement may be subject to arbitration, if mutually
agreed to in writing by the parties. The parties shall mutually agree on an arbitrator and the
arbitration will take place under the rules and procedures of the American Arbitration
Association. The parties shall pay their own intemal costs and shall each pay 50% of any out
of pocket fees oi costs related to the ubittation.
8.10 Interpretation of Agreement; Venue
This Agreement shall be interpreted and consirued according to the laws of the State of
Minnesota. All litigation regarding this Agreement shall be venued in the appropriate state
or federal district court in Ramsey County, Minnesota.
8.11 Conditions Outside Control of a Party
No party to this Agreement can be held responsible for conditions outside the control of the
party claiming its occurrence, which are the direct result of force majeure which shall mean
and include acts of god; acts of public enemies; strikes or lockouts; enforceable
govemmental or judicial orders; outbreak of war or insurrection, or acts of terrorism;
insurrections; riots; civil disturbances; earthquakes, floods, fires; explosions or other similaz
catastrophes or events not reasonably within the parry's control.
8.12 Entire Agreement
This Agreement shall constitute the entire agreement between the parties and shall supersede
all prior oral or written negotiations.
Dispatch Agreement with the City of Saint Paul 1 I of 12