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05-605Council File # �� �S GreenSheet# (� 1��1� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Refened To Committee: Date 0 1 WHEREAS, on May 21, 1991, the County and the City entered into a Joint Powers 2 Agreement for the installation, operation and management of an integrated City/County 3 Computer Aided Dispatch ("CAD") system; 4 5 WHEREAS, on August 23, 1996, the County and the City executed a Joint Powers 6 Agreement for the implementation, operation and maintenance of an updated integrated 7 City/County CAD system; 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 34 35 36 37 38 39 WHEREAS, under the 1996 Joint Powers Agreement, other cities within Ramsey County were given access to the City/County CAD system through the County's participation in the Joint Powers Agreement; WHEREAS, the City and the County wish to have access to an updated integrated CAD system; WHEREAS, the County and the City each operate their own dispatch centers using the integrated CitylCounty CAD system; WHEREAS, the County is in the process of implementing a county-wide 800 MHz trusilced interoperable radio communication system and will be building a new dispatch center ("Dispatch Center"); WHEREAS, the City and the County wish to replace the current integrated City/County CAD system in connection with the construction of the Dispatch Center and implementation of the 800 MHz interoperable radio communication system; WHEREAS, by separate agreement, known as the Car-Lo Memorandum of Understanding ("MOU") and lease agreement for the building to house the Dispatch Center, the City has agreed to purchase and pay for a new integrated City CAD System, as a replacement for the current integrated City/County CAD System; WHEREAS, the characteristics, design, operating standards and operating procedures for the replacement integrated City CAD system are important to all the agencies that will be using the replacement integrated City CAD system and to the reliable operations of the Dispatch Center; WHEREAS, the County's Radio System Manager has responsibility for the 800 MHz interoperable radio communication system and the Dispatch Center; 1 WHEREAS, the County and the City wish to share in the planning, use, and operating �� 2 costs of the replacement integrated City CAD system to be purchased by the City and to 3 coordinate operation and management of the replacement integrated City CAD system with the 4 operation of the Dispatch Center; 6 WHEREAS, The parties are empowered to enter into the agreement pursuant to the 7 Minnesota Statute 471.59, the Joint Powers Agreement statute; and 8 9 RE50LVED, That the Saint Paul City Council hereby directs and delegates the proper 10 city authoriries to enter into the attached agreement. 11 12 Requested by Department of: By: Adoption Certified by Council Secretary � � Green Sheet Green Sheet Green.Sheet Green Sheet Green Sheet Green Sheet.� � � J r� DepartmenVOffice/council: Datelnkiated: �.�� � MO — Mayor's0ffice 29-.IUN-05 Green Sheet NO: 3027146 Contact Person 8 Phone- ��e artment SeM To Person InitiaVDate Dennis Piaherry � 0 a or' ffce 266-8510 pujyn 1 or's ce Must Be on Council Agenda by (Date): Number Z � attorne For Routing 3 ouncil Order 4 lerk 5 Total # of Signature Pages _(Clip All Lorations for Signature) � Action Requested: Vote on resolurion to enter into a joint powers ageement between the City of Saint Paul and Ramsey County for use of the City's, to ' be acquired, new Computer Aided Dispatch ("CAD") system in the anticipated consolidation dispatch operarions. RecommendaGOns: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission t. Has this person/firm ever worked under a contrad for this department? CIB Committee Yes No Civil Service Commission 2. Has this personffirm ever been a city employee? � Yes No , 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No ' Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The City of Saint Paul and Ramsey County's mulriple municipalities' use of two CAD type systems in theu dispatch operafions. � � AdvantageslfApproved: It would be in the best safety interests of all residents in the City and participating municipaliries in the Counry to have one CAD system tn any dispatching operarions. Plus cost saving to municipalities. Disadvantages If Approved: _ None. 2 ����� Disadvantages If Not Approved: lY�T � � City of Saint Paul and Ramsey County would have to have two sepazate CAD type.��ygtie�s of theu dispatching operations. ��'ey ia Total Amount of Trensaction: CastlRevenue Budgeted: Funding Source: ActiviN Number: ' Financial Information: ` (Explain) ,� ,1 JOINT POWERS AGREEMENT FOR OWNERSHIP, USE AND OPERATION OF A COMPUTER AIDED DISPATCH SYSTEM This Joint Powers Agreement is between Ramsey County, a political subdivision of the State of Minnesota ("County") and the City of Saint Paul, a municipality under the laws of the State of Minnesota ("City"), both of which aze empowered to enter into joint powers agreements pursuant to Minn. Stat. § 471.54 and into an agreement for the acquisirion, lease or disposition of equipment or other property pursuant to Minn. Stat. § 471.64. WHEREAS, pursuant to the provisions of Minnesota Statutes § 471.59, the County and the City, tkuough actions of their governing bodies, may joinfly and cooperatively exercise any power common to them; and WHEREAS, On May 21, 1991, the County and the City entered into a Joint Powers Agreement for the installation, operation and management of an integrated Ciry/County Computer Aided Bispatch ("CAD") system; and WHEREAS, On August 23, 1996, the County and the City executed a Joint Powers Agreement for the implementation, operation and maintenance of an updated integrated City/County CAD system; and WHEREAS, Under the 1996 Joint Powers Agreement, other cities within Ramsey County were given access to the Ciry/County CAD system through the County's participation in the Joint Powers Agreement; and WHEREAS, The City and the County wish to have access to an updated integrated CAD system; and WHEREAS, The County and the City each operate their own dispatch centers using the integrated City/County CAD system; and WHEREAS, The County is in the process of implementing a county-wide 800 MHz trunked interoperable radio communication system and will be building a new dispatch center ("Dispatch Center"); and WHEREAS, The Ciry and the County wish to replace the current integrated City/County CAD system in connection with the construction of the Dispatch Center and implementation of the 800 MHz interoperable radio communication system; and WHEREAS, By separate agreement, known as the Caz-Lo Memorandum of Understanding ("MOU") and lease agreement for the building to house the Dispatch Center, the City has agreed to purchase and pay for a new integrated City CAD 5ystem, as a replacement for the current integrated Ciry/County CAD System; and WHEREAS, The chazacteristics, design, operaring standards and operating procedures for the replacement integrated City CAD system are important to all the agencies that will be using the CAD System Joint Powers Agreement 1 of 10 d5-�,DS replacement integrated City CAD system and to the reliable operarions of the Dispatch Center; and WHEREAS, The County's Radio System Manager has responsibility for the 800 MHz interopeiable radio communication system and the Dispatch Center; and WHEREAS, The County and the City wish to share in the plamiing, use, and operating costs of the replacement integrated City CAD system to be purchased by the City and to coordinate operation and management of the replacement integrated City CAD system with the operation of the Dispatch Center; NOW, THEREFORE, in considerarion of the mutual undertakings and agreements hereinafrer set forth, the parties agree as follows: ARTICLE I. PURPOSE It is the purpose of this Agreement to set forth the understanding of the parties regarding the ownership, use, and operation of a replacement integrated City Computer Aided Dispatch system ("CAD System") to be purchased by the City in conjunction with the County's operation of the Dispatch Center.- ARTICLE II. TERM OF THE AGREEMENT This Agreement shall be effecrive upon execution by both parties and shall remain in effect for the usefullife of the CAD System, unless earlier ternunated pursuant to the provisions of Article XI of this Agreement, or twelve (12) years from the date this Agreement is fully executed by the parties, whichever occurs first. This Agreement is contingent on execution 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 Between Ramsey County and the City of Saint Paul for Consolidated Dispatch Operations. ARTICLE III. CAD SYSTEM PURCHASE 3.01 Pursuant to the provisions of a separate Memorandum of Understanding ("MOU") between the parties, the Car-Lo MOU and lease agreement for the building to house the Dispatch Center, the City will purchase and install the CAD System, at its own cost. Nothing in this Agreement shall obligate the County to coniribute to the cost of acquisition or installation of the CAD System. 3.�2 As used in this Joint Powers Agreement ("AgreemenY'), the term "CAD System" shali mean all Ciry owned hardware and software necessary to provide a fully operational integrated computer aided dispatch system for use by the City and the County at the Dispatch Center and by other public safety agencies within Ramsey County currently CAD System Joint Powers Agreement 2 of 10 05-�� using the integrated City/County CAD System at their current locations. The Ciry will not be responsible under this Agreement for the cost of providing hardwaze, software, or services for the expansion of the CAD System to other users or to public safety agencies within Ramsey County currently using the integrated City/County CAD System at different or additional locations. The City shall be responsible for CAD System installarion services, including data conversion necessary for the transition to the CAD System, but excluding conversion of historical legacy data. The City shall include the County in any vendor-provided training. If the CAD System purchased by the City requires additional software, hazdware, or services in order to meet the zequirements of this paragraph, the City will be responsible for the full cost of such additional software, hardwaze, and services. 3.03 If the CAD System purchased by the Ciry is inadequate to meet the County's needs, the County will have no obligation to contribute to the operaring costs for the CAD System.- 3.04 The agreement with the selected vendor must contain a provision that permits a transfer of all licenses for the CAD System to the County at no cost to the County in the event the City wishes to terminate its agreement with the vendor, so long as inclusion of the provision does not increase the cost of the CAD System to the City. 3.05 The City shall complete the purchase and installation of the CAD System, and have it operarional, no later than the date that the County identifies as the start date for operations of the newly constructed Dispatch Center in Saint Paul, which shall be no earlier than February l, 2006, unless otherwise agreed to in writing by the parties. ARTICLE IV. CAD SYSTEM OWNERSHIP 4.01 The City will be the owner of the CAD System. 4.02 The City may not transfer its ownership interest in the CAD System without prior agreement by the County. ARTICLE V. CAD SYSTEM DESCRIPTION SA1 The CAD System to be purchased and installed at the City's expense shall, at minimum, meet the requirements set forth in this Article V. SA2 Any CAD System server site must have the appropriate environment for housing the equipment for maximum reliability. The City shall be responsible for providing and maintaining this environment. 5.03 The CAD System must be compatible with all interfaces that are in use by public safety agencies within Ramsey County on the current integrated City/County CAD System. CAD System Joint Powers Agreement 3 of 10 �5-�05 Necessary interfaces used by public safety agencies within Ramsey County w311 be maintained during the life of the resulting agreement with the CAD System vendor. 5.04 The CAD System must have the ability to interface with commonly-used 911 customer premise equipment. 5.05 The CAD System must be CRIMNET compliant and compliant with mandated state or federal data systems. 5.06 The CAD System must have the capability to provide reports that can document performance in such areas as call taking, dispatching, and response time. 5.07 The CAD System's geographical information and mapping components must use ESRI geofiles and must be coordinated with the County and City geographic information systems. 5.08 The Request for Proposals for the CAD System must include a detailed list of requirements for the CAD System. Each proposal will be required to include this list and the proposal must include the degree to which each requirement is addressed in the proposal. 5.09 The CAD System will include all necessary hardware and sofrwaze, including warkstations and client licenses, that will allow each public safety agency currently using the integrated Ciry/County CAD System to also use the CAD System. The equipment for each public safety agency currently using the integrated City/County CAD System will be located in the agency's current location; any modifications to the locations must be approved by the DUG. ARTICLE VI. CAD SYSTEM MODIFICATIOI�T5 ANA UPGRADES 6A 1 Any CAD System user may submit a request for a modification or upgrade (collectively referred to as "Modification") to the CAD System to the Dispatch Users Group ("DUG"), as identified in the Joint Powers Agreement Between Ramsey County and the City of Saint Paul for Consolidated Dispatch Operations. 6.02 The DUG shall make a report of its evaluation to the CAD System Manager and the County's Radio System Manager for the county-wide 800 MHz trunked interoperable radio communication system. No Modification may be made to the CAD System unless approved by both the CAD System Manager and the Radio System Manager. Such approval shall be in writing and shall describe the Modification and each party's obligation to pay for costs relating to the implementation and support of the Modification. The County will have no obligation to pay for any costs related to the implementation or support of any Modification to the CAD System that has not been approved by the Radio System Manager in accordance with this paragraph. CAD System Joint Powers Agreement 4 of 10 �S-t�DS 6.03 The Ciry shall not be responsible, beyond the useful life of the CAD system, for any replacement of or parts of the CAD System, including but not lunited to, the CAD System in its entirery or parts of the CAD System, whether in hazdware, software, databases, network connectivity, interfacing, equipment, servers, routers, switches, backups, system resources, storage, replacement parts, repairs, or program upgade. ARTICLE VII. CAD SYSTEM USERS/ACCESS '7.01 The County shall have full use of, and access to, the CAD System. The County may provide access to the CAD System t4 other municipalities within Ramsey County as part of the County's right to use and access the CAD System. 7.02 The City and the County shall have identical access to the CAD System at all times for all information and functions that the CAD System makes available. 7.03 The CAD System Manager and the Radio System Manager shall agree on a security plan that will include different levels of access to the CAD System for different CAD System users. 7.04 Use by other Ramsey County municipalities will be considered County use for purposes of calculating the County's obligations regarding payment of operating and maintenance costs, if the County provided the access. 7.05 The City xetains the right to provide CAD services to other municipalities outside of Ramsey County, provided that the same shall be done without additional cost to the County. 7.06 Use may not be granted to another user or provided to another user by the City or County if such use will result in any of the following for then existing users: a. a reduction in the CAD System capabilities and resources; or b. an increase in operating or maintenance costs. ARTICLE VIIL CAD SYSTEM OPERATIONS, MANAGEMENT, AND MAINTENANCE 8.01 The City shall operate, manage, and maintain the CAD System under the direction of a CAD System Manager, who shall be a City employee and be selected by the City.- 8.02 The City will provide the following services to the County under this Agreement: a. Manage the CAD seroers, system softwaze, databases, and network connecrivity to call taker and dispatch workstations in the Dispatch Center. CAD System Joint Powers Agreement 5 of ] 0 �5-lao� b. Maintain the CAD System in such a manner as to provide a minimum of 99.9% availability. The CAD System servers and critical network elements such as routers and switches will be powered by an uninterruptible power supply that is, in tum, on an electrical c'ucuit with emergency power available. c. Manage the CAD System vendor support contract. d. Provide timely notices to the County's Radio System Manager of status changes to the CAD System, such as server maintenance, that will affect CAD System availability or performance. Any CAD System downtime shall be scheduled during periods of light call traffic. e. Coordinate maintenance upgrades with the CAB System vendox. f. Manage the CAD System server and workstation licenses with the CAD System vendor. g. Monitor the perfoxmance of the CAD System and servers to ensure adequate system resources and storage to handle peak CAD System traffic loads. h. Maintain a system of frequent backups of the CAD System and data Files in such a manner as to minimize system recovery time and prevent data corruption. The backup procedure will be in writing and approved by the Radio System Manager i. Provide 24 by 7 by 365 on-call technical support. The City shall provide an immediate response to a notice of a critical outage. j. Provide routine technical support to Dispatch Center managers and supervisors during regular business hours. k. Provide technical support to local agencies for CAD mobile client software. 1. Provide assistance in the creation of custom reports and CAD data file exports. m. Establish and maintain CAD interfaces to local agency records systems, mobile data system networks, and local PSAP 911 premise equipment. n. Perform local troubleshooting, characterization, and documentatton of CAD System problems or anomalies and communicate findings to CAD vendor. Follow-up with CAD vendor as necessary to resolve problems. o. Tnstall, configure, and maintain CAD client software on dispatch and call taker workstations. p. Provide technical support for the netwark connectivity between the CAD servers and CAD workstarions in the countywide Dispatch Center. q. Provide technical assistance to local user agencies for local CAD interfaces. Such interfaces must be approved by both the City and County. r. Work with CAD vendor to convert legacy CAD system data files and tables and import into the new CAD System. ARTTCLE IX. COST 9.01 The City shall pay all costs for the initial purchase and installation of the CAD System. 9A2 The City shall pay 66 2/3% of the actual annual operating and maintenance costs for the CAD System and the County shall pay 33 1/3% of the actual annual operating, maintenance, management and personnel costs for the CAD System, unless otherwise agreed to by the parties in writing. CAD System Joint Powers Agreement 6 of 10 �5-(,05 9.03 Pursuant to the obligarion of the Dispatch Policy Committee ("Committee") under the provisions of the Joint Powers Agreement Between Ramsey County and the City of Saint Paul for Consolidated Dispatch Operarions to periodically review operations and make recommendarions on the operations, standards, and budget for the Dispatch Center, the Committee shall review and make recommendations to the City on the City's proposed annual operating, maintenance, management, and personnel budget for the CAD System. 9.04 At the end of each calendar yeaz quarter, the City shall submit a detailed invoice to the County for 1/3 of the actual operating, maintenance, management and personnel costs for the quarter. 9.05 The County shall make payment within 30 calendar days of receipt of the invoice, provided that all disputes and calculation of interest shall be determined in accordance with the provisions of Minnesota Statutes §471.425. ARTICLE X. DISPUTE RESOLUTION 10.01 TechnicalIssues Technical CAD System issues shall first be submitted to the CAD System Manager and the Radio System Manager for resolution. If they cannot reach agreement, the matter shall be referred by the Managers to the Dispatch Users Crroup ("DUG"). If the DUG cannot reach agreement on a resolution, the issue shall be forwarded to the Committee. 10.02 FinancialIssues Financial CAD System issues shall first be submitted to the CAD System Manager and the Radio System Manager for resolution. If they cannot reach agreement, the matter shall be referred by the Managers to the Committee.— ARTICLE XI. GENERAL TERMS AND CONDITIONS 11.01 Termination a. This Agreement shall terminate upon the consent of the City and the County as evidenced by written resolutions of their governing bodies, or when necessitated by operation of law, or as a result of a decision by a court of competent jurisdiction. b. Either parry may terminate this Agreement for material breach of this Agreement by the other party if the breach has not been cured within thirty (30) calendar days from the date on which the breaching party received written norice specifying the breach. c. This Agreement may be ternunated by the County, upon a deternvnation by resolution of the County Board of Commissioners that the CAD System is at the end of its useful life. CAD System Joint Powers Agreement ' 7 of 10 C�j (� 11.02 Indemnification and Insurance a. Each party agrees that it will be responsible for its own acts and the acts of its employees, elected officials, and agents as they relate to this Agreement and for any liability resulting therefrom, to the extent authorized by law, and shall not be responsible for the acts of the other party or its employees, elected ofFicials, and agents, or for any liability resulring therefrom. Each parry's liability shall be governed and lunited by the Municipal Tort Claims Act, Minn. Stat. Chapter 466 and other applicable law. 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 pariy, its employees, elected officials, or agents, in the performance or failure to perform its obligations under this Agreement. c. Each party warrants that it is able to comply with the aforementioned indemniry requirements through commercial insurance or a self-funding program. d. 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 a11 of the City equipment within the Dispatch Center. 11.03 Non-Assignability Neither pariy shall assign any interest in this Agreement nor transfer any interest in the same, whether by subcontract, assignment or novation. 11.04 Compliance With Applicable Law a. Both parties agree to comply with all federal, state and local laws, resolutions, ordinances, rules, 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 governmental units, which are now or hereafrer promulgated insofar as they relate to the parties' perForxnance of the provisions of this Agreement. 11.05 Data Practices All data wllected, created, stored, received, maintained or disseminated for any purpose in the course of either party's performance of this Agreement is govemed 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 federal statutes and regulations on data privacy. CAD Sysiem Joim Powers Agreemem 8 of 10 p5 �05 11.06 Management and Access to Data Each agency that is a user of the CAD system under this Agreement shall manage all data the agency collects, creates, stores, receives, maintains, or disseminates. No other user agency of the CAD System shall access any other user agency data, through or with the assistance of the CAD System, for any purpose, without the prior consent of the user agency that collected, created, stored, received, maintained, or disseminated the data. 11.07 Audit Until the expiration of six (6) years afrer the temunarion of this Agreement, each pariy 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. 11.08 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. 11.09 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 Hall/Courthouse 15 West Kellogg Boulevaxd Saint Paul, Minnesota 55102 City of Saint Paul Office of the Mayor 390 City HalUCourthouse 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 1110 Interpretation of Agreement; Venue This Agreement shall be interpreted and construed 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. 11.11 Entire Agreement This Agreement shall constitute the entire agreement between the City and the County on the subject matter hereof and shall supersede all prior oral or written negotiations. 1112 Conditions Outside Control of a Party. No parry to this Agreement can be held responsible for conditions outside the control of the parry claiming its occurrence, which are the direct result of force majeure which shall CAD System Joint Powers Ageement 9 of 10 OS-�� mean and include acts of god; acts of public enemies; strikes or lockouts; enforceable govemmental or judicial orders; outbreak of war or insurrecrion, or acts of terrorism; insurrections; riots; civil disturbances; earthquakes, floods, fires; explosions or other similar catastrophes or events not reasonably within the party's control. WHEREFORE, this Agreement is duly executed on the last date written below. RAMSEY COUNTY Victoria Reinhardt, Chau Board of County Commissioners Bonnie Jackelen, Chief Clerk Board of County Conunissioners Date: Approved as to forxn: Assistant County Attorney Approval recommended: David Twa, County Manager Funds are available: Budgeting and Accounting CITY OF SAINT PAUL Randy Kelly, Mayor City Clerk Date: Approved as to form: Assistant City Attorney Funds aze available: Director of Finance and Management Services CAD System Joint Powers Agreement 10 of 10