07-383Council File #
Presented By:
Referred To:
Committee:Date:
1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached
2 agreement with Ramsey County, which has an indemnificafion clause, to par6cpate as a Subsystem
3 Subscriber of the Regionwide Public SafeTy Radio Communications System. A copy of said agreement
4 is to be kept on file and on record in the Office of Financial Services.
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Requested by Department of:
Police
Adopted by Council: Date: � aU4
Adopfion Ce by Council Secretary:
BS'� _ /!' //jT f/Jw lK$(�/1
Approved by M�: ate: S/7�°7
By: �
RESOLUTION
? SAINT PAUL, NIINNESOTA
Green Sheet #
07-383
3038955
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Appr ved ay for Su ' ion Cou cil:
By:��b�
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
C)�-�� ;_
PD Po13ceDepaztmen[
'. Contact Person & Ptione:
Chief John Harrington
266-5588
, Must Be on Council Aaen
� Doc.Type: RESOWTION
E-DOCUmeM Required: Y
DocumeM Comact: Artry Brown
Contact phone:
Totai fl of Signatufe Pages
YP4� 11114aaN.
2o-APR-0� i Green Sheet NO: 3038955
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ASSign
Number
For
Routing
Ortler
All Locatipns for Signature)
O �POIfceI1Cp9[IID¢Dt I
1 oliceDepariment � DeuarhmentD'uector �
2 'lv Attoruey � i �
3 Il1�Iavor's Office Mayor/Assistant ;
4 Comcil I
5 ' i Clerk � ' erk
Sig¢atures on the council resolu6on authorizing the City of Saint Paul, Police
Ramsey County.
agreement with
itlations: Approve (A) or Reject (R): � Personal Service Gontracts Must Answer the Following Questions:
Planning Commission i. Has this persoNfirtn ever worked under a contract for this department?
CIB Committee � Yes No
Civil Service Commission 2. Has this persoNfirtn ever been a city employee?
Yes No
� 3. Does this person/firm possess a skitl not normally possessed by any
current city employee�
j Yes No
I Facplain all yes answers On separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The SPPD will participate as a Subsystem Subscriber of the Regionwide Public Safety Radio Communications System.
AdvanWges If Approvetl:
Better interagency communicapon on a wider multi-jurisdiction scale and the abiliry to coordinate emergency services between
agencies and enhance communication.
I Oisativantages {f Approved:
None.
Disadvantages If Not Approved:
Lost opportunity to better serve multi-jur[sdiction on a wider scale.
Funding Source:
Financial Information:
(F�cplain�
April 24, 2007 8:43 AM
CostlRevenue Budgeted:
Page 1
ActiviTy Number. � � � �
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THIS AGREEMENT is between Rfv'vISEY COIJNTY, a political subdivision of the State of Minnesota, through its
County Manager's Office ("COiJNT'Y"), 250 City HalUCourthouse, I S West Kellogg Boulevard, St. Paul,
Minnesota 55102, and City of St. Paul, 390 City HalUCourthouse, I S West Kellogg Boulevard, St. Paul, Minnesota
55102, actin� by and through its duly authorized officers ("SUBSCRIBER").
WHEREAS, COLINTY is in the process of planning and conshucting a subsystem ("Subsystem") of the
Regionwide Public Safety Radio Communications System ("System"); and
WHEREAS, COLTNTY has planned the Subsystem in cooperarion and collaboration with representarives of Cities,
Police Departments, Fire Departments, and other public safeTy users within Ramsey County; and
WHEREAS, SUBSCRIBER has elected to participate as a Subsystem Subscriber; and
WHEREAS, COT JNTY and SUBSCRIBER wish to set forth their respective roles and responsibilities and the
terms and conditions of their understanding;
NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, COUNTY
and SUBSCRIBER agree as follows:
1. DEFINITIONS
Activation means the point at which a radio is enabled to operate on the Subsystem.
Certify means, in relation to a radio, approved by use for the Subsystem.
Cloning means the process whereby a Code Plug is written into the memory of a radio.
Code Plug means the program file containing talkgroup information and configuration settings that is
written into the memory of a radio.
County-Approved Vendors means vendors identified by the County as having been State-certified to
service the radios to be purchased by SUBSCRIBER and with which the County has a contract.
Fleet means the set of radios witt� assigned radio system identification numbers that fall within the numeric
range assigned to Ramsey County by the State of Minnesota or that contain Code Plugs that are maintained by the
COi3NTY.
Metropolitan Emergency Services Board or MESB means the board created by a Joint Powers
Agreement among Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington Counties and the City of
Minneapolis, to act as the Meh'opolitan 911 Boazd; as a regional radio board and as the successor to the MRB; and
as a regional emergency medical services boazd.
Metropolitan Radio Board or MRB means the political subdivision created pursuant to the provisions of
Minnesota Statutes §403.22, Subd. I to provide governance over the planning and implementation of the Statewide
800 MHz interoQerable radio communicafion system, whose responsibilities were to be transferred to the Statewide
Radio Boazd pursuant to Laws of 2004, Chapter 201, Section 22.
Programming means the process of preparing a custom Code Plug and Cloning into one or more radios.
Radio System Manager means the COLiNTY employee who manages, and provides coordination and
administrative direction for the Subsystem.
Regular In-Shop Flat Fees means the hourly rates or per unit pricing established in an agreement between
COiJNTY and a COIINTY-Approved Vendor for service on SUBSCRIBER radios at the vendor's site.
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Subsystem means that part of the regional 800 MHz interoperable radio system constructed and owned by
the COLTNTY.
Subsystem Infrastructure Support Costs means all costs incurred by COLTNTY that are necessary to
keep the Subsystem operational for the purposes for which SUBSCRIBER is using the radios.
System means the regional truuked radio network infrastructure and associated base radio subsystems built
by the Minnesota Department of Transportation, the Metropolitan Radio Board, and entities that entered into
Coopexative Aa eements witb the MRB to construct subsystems.
System Key File means the computer file necessary to program radios for use on the System.
2. PURPOSE AND INTRODUCTION
The purpose of this Agreement is to define the rights and obligations of COUNTY and SUBSCRIBER with respect
to the coogerative and coordinated purchase, maintenance, technical and administrative support and use of portable,
mobile, desktop and other end user radios by the SUBSCRIBER on COiJNTY'S Subsystem. The Subsystem is a
multi-site general purpose wireless communications system designed to provide, among other things, 95% azea
coverage reliability for portable radio operation above ground level in light to medium buildings throughout most
of the County. Other SUBSCRIBER benefits and services include access to the System, a wide area nine-county
regionwide public safety radio communications system; multiple System redundancies with backup power; a wide
range of talk groups; electronic identification of all radios on all transmissions; 99.999% microwave system
reliability; system security; xadio interoperability; 24 houx a day Subsystem monitoring and repair response; access
to a pool of special event radios; and SUBSCRIBER radio training.
3. DUTIES AND RESPONSIBILITIES OF SUBSCRIBER
3.1 Conformance to MetroQolitan Emereencv Services Board and COUNTY Standards
SUBSCRIBER agrees to conform to all applicab3e standazds, policies, procedures and protocols established or
amended by the Meuopolitan Emergency Services Board ("MESS") or its successor, the State Radio Board; and
COLJNTY related to use of the Subsystem, including, but not limited tq radio user training requirements, radio
operating guidelines, audit, monitoring, and compliance. When COLJNTY receives the information, COUNTY will
notify SUBSCRIBER of such applicable standards, policies, procedures and protocols in accordance with the
Subsystem procedures.
3 2 Conformance to Federal Laws and Reeulations
SUBSCRIBER agrees to conform to all applicable Federal Rules, Reb lations, and Laws pertaining to use of the
Subsystem, including, but not limited to, the Communications Act of 1934 as Amended and Part 90 of the Federal
Communications Commission Rules and Regulations.
3.3 Resoonse to Improper Use
In the event COUNTY informs SUBSCRIBER that statistical analysis of Subsystem usage or other information
indicates that SUBSCRIBER personnel may have inappropriately used the Subsystem, or may have violated
applicable standards, policies, procedures, rules, regulations, or laws regarding proper operation of the Subsystem,
or may have violated the provisions of this Agreement, SUBSCItIBER agrees to take immediate and appropriate
investigative and conective action to stop the violation and eliminate any reoccurrence.
3.4 Subscriber Fleet Supnort Fees
Any Subscriber Fleet Support Fees established by the Boazd of Ramsey County Commissioners must first be
reviewed by the Subsystem Operations and Users Group and the Subsystem Policy Group. If the Board of Ramsey
County Commissioners thereafter establishes a Subscriber Fleet Support Fee schedule, SUBSCRIBER agrees to
pay COtJNTY the fee assessed to SUBSCRIBER by COLINTY. Fleet support fees shall include costs incuned by
800 MHz Subsystem Subscriber Agreement-Ciry of St. Paul 3 of ]0
07 �383
COiJNTY for, but not limited to, sofiv✓aze updates, technical support, administrative support, configuration support,
access to the emergency and special event shared pool of radios, and training support attributable to
SUBSCRIBER'S participation under t}us Agreement. Fees shall be assessed on a per-radio basis. Any such fees
will be subject to annual adjushnent by the Boazd of Ramsey County Commissioners. COLJNTY is responsible for
Subsystem Infrastructure Support Costs.
3.5 Pass Through Fees
SUBSCRIBER aa ees to pay all fees assessed on a per radio basis to COLTNTY or SUBSCRIBER by any outside
agency, as established through the outside agency's written contract with COLJNTl' or by statutory authority.
3.6 Radio Clonin¢ Fees
For a period o£two years following initial activation of radios listed in Appendix A by COLTNTY or COiJNTY-
Approved Vendors, SUBSCRIBER shall be entitled to receive SUBSCRIBER-requested radio recloning by
COLTNTY or COUNTY-Approved Vendors one additional time for each radio without additional cost to
SUBSCRIBER, and COL3NTY will pay the costs of recloning each radio one additional time for changes required
bv the COiJNTY. Provided, however, that COiJNTY shall pay such recloning costs at the Regulaz In-Shop Flat Fee
as established in the agreement between COLJNTY and the COIJNTY-Approved Vendor. SUBSCRIBER shall
obtain any additional radio recloning necessary for SUBSCffiSER to use the Subsystem at SUBSCRIBER'S sole
cost. SUBSCRIBER shall notify and obtain approval from the Radio System Manager or the Radio System
Manager's designee prior to obtaining the additional recloning. All recloning must be performed by COIJNTY or
COUNTY-Approved Vendors.
3.7 Chanees in Fees
Following consultation with the Subsystem Policy Group, COLJNTY shall notify SUB5CRIBER of any proposed
change in any of the fees payable by SUBSCRIBER to COtJNTY under the terms of this Agreement for the
following calendaz year no later than June 1 of the current calendar year. TLe COLJNTY Board sha11 have final
authority to establish or change fees.
3.8 Invoicin2 and Pavment Terms
COLJNTY will invoice SUBSCRIBER monthly, ox at other intervals as determined by COUNTP, for all fees
payable to COIJNTY as specified herein. For radios activated on or before the 15` of the month, SUBSCRIBER
will be chazged for the entire month. For radios activated after the 15` of the month, the fees will commence on the
first day of the following month. Payment of all fees herein shall be made directly to COUNTY within thirty-five
(35) days from receipt of the invoice. COLTNTY-approved vendors who provide reprogramming for
SUBSCRIBER shall invoice SUBSCRIBER directly and SUBSCRIBER shall make the payment; SUBSCRIBER
may submit a request for reimbursement for any reprogramming costs for which COUNTY is responsible under the
provisions of Subparagraph 2.6 herein.
3 9 Flow Down Metropolitan Emereency Services Boazd Contract Provisions
SUBSCRIBER agrees to comply with all applicable flow down provisions contained in the Cooperative Agreement
between COLJNTY and the Metropolitan Radio Boazd, incorporated herein and made a part of this Agreement by
this reference
3.10 De-certification and Disnosition of Obsolete Radios
The Metropolitan Emeigency Services Board, or its successor, and COLJNTY may de-certify radios, radio
operating software versions, and radio program files and configuration settings (commonly called Code Plugs)
which become obsolete or unsuitable for use for reasons including but not limited to: unsafe to use, impairs
Subsystem performance, no longer supported by the radio manufacturer, no longer supported by COiJNTY, e�ibit
substantial defects, e�ibit performance deficiencies, impair implementation of Subsystem upgrades, become
unreliable, and become economically unfeasible to maintain. Except in those cases affecting safety or performance
impacts to the Subsystem, other subsystems, or the regional system, COLtNTY will make reasonable efforts to
avoid decertification of radios owned by SUBSCRIBER which have not been fully depreciated and to provide
SUBSCRIBER with at least one (1) yeaz advance notice prior to the effective date of radio or softwaze version
decertification. Decertified radios, or radios operating with decertified softwaze versions or decertified Code Plugs
will not be allowed to access or use the Subsystem. SUBSCRIBER may not dispose of an obsolete radio until the
800 MHz Subsystem Subscriber Aa eement-City of St. Paul 4 of 10
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Code Plug and encryption key information have been deleted from the radio memory as necessary to protect private
data and prevent unauthorized access to tbe Subsystem information. SUBSCRISER agrees to dispose of obsolete
radios, batteries and other equipment in accordance with applicable laws and rules regarding disposal of hazardous
materials. SLTBSCRIBER undecstands that it will not receive any payment from COLINTY for a decertified radio.
3 11 Limitarion of Radio Code Plug Files and Svstem Kev Fi1e
All radio Code Plug Files shall be created and modified by COtINTY before the radios will be activated on the
Subsystem. All radios on the Subsystem shall be cloned only by COUNTY or by COLTNTY-Approved Vendors.
Al] radio Code Plug Files and System Key Files aze the sole property of COIJNTY, and contain information that is
classified as security information and non-public govemment data. Unless specifically authorized by COiJNTY in
writing, by law, or court order, SUBSCRIBER may not directly or ind'uectly pemut any third party to: view, read,
print, extract, copy, archive, edit, create, clone, transfer, tamper with or otherwise compromise the security of any
radio Code Plug File or System Key File for any radio on the Subsystem. In the event SUBSCRIBER leams that
any party has improperly or fraudulently obtained radio Code Plug File information or System Key File
informadon, SUBSCRIBER will immediately notify COUNTY of the security breach.
3 12 Risk of Loss and Pavment for Lost Stolen Unrepairable, or Destroved Radios
SUBSCRIBER assumes full risk of loss for radios owned by the SUBSCRIBER which aze lost, stolen, physically
un-repairable or destroyed for any reason.
3 13 Notification to COLiNTY of Missing, Lost. Stolen. Unrepairable, or Destroved SUBSCRIBER-Owned
Radios
SUBSCRIBER agrees to immediately notify COLTNTY in writing of any missing, lost, stolen, unrepairable, or
destroyed SUBSCRIBER-owned radios, so the radio can be deactivated on the Subsystem. SUBSCRIBER shall be
responsible for payment of fees until written notification is received by COUNTY.
3.14 Repair of SUBSCRIBER-Owned Radios
SUBSCItIBER is responsible for maintaining SUBSCRIBER-owned radios in good repair and for replacing any
SUBSCRIBER-owned radios that are unrepairable. Repair and maintenance shall be performed only by COUNTY-
Approved Vendors. COiINTY will provide this listing to SUBSCRIBER. SUBSCRIBER shall be responsible for
payment of fees during the period of repair. A replacement radio may not be used on the Subsystem until COLJNTY
or a COIINTY-Approved Vendor has cloned the radio puzsuant to the provisions of this Agreement. COUNTY will
not provide SUBSCRIBER with the temporary use of a COIINTY-owned radio while a SUBSCRIBER-owned
radio is being zepaired.
3.15 Aeactivation of Radios bv Si3BSCRIBER
SUBSCl2IBER may request COLJNTY to deactivate a radio for reasons other than those set forth in Subparagraphs
3.12 and 3.13 if the radio is no longer needed by SUBSCRIBER and will be out of use for an extended period of
time. During such period of deactivation, SUBSCRIBER'S obligation to pay fees pursuant to Subparagraphs 3.4,
3.5, and 3.8 may be suspended based on MESB and COUNTY policies. COLTNTY reserves the right to charge
SUBSCRIBER a reactivation fee if the deactivated radio is brought back into service within one year of
deactivation.
4. DUTIES AND RESPONSIBILITIES OF COUNTY
4.1 Furnishine of Radios to SUBSCRIBER
SUBSCRIBER is making an initial purchase of radios as described in Appendix A, Subscriber Initial Purcl�ase
Order, attached hereto and made a part of this Agreement. COtINTY will obtain the radios and will inventory,
inspect, test, and program them befare they are turned over to SUBSCRIBER.
4.2 Additional SUBSCRIBER Radios
SUBSCRIBER is responsible for the purchase and payment of radios that SUBSCRIBER adds after the initial radio
purchase described in Appendix A. Any radios subsequently purchased by SUBSCRIBER must be specifically
Certified for use on the Subsystem by the Metropolitan Emergency Services Board, or its successor, and COiJNTY.
800 MHz Subsystem Subscriber Agreement-Ciry of St. Paul 5 of 10
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Non-CeRified radios, or radios operating with non-Certified software versions will not be allowed to access or use
the Subsystem. Prior to use on the Subsystem by SUBSCRIBER, such subsequently-purchased radios must be
tested and Cloned by COUNTY or a COiJNTY-Approved Vendor in accordance with COIINTY's policies on radio
operarious and maintenance at SUBSCRIBER'S expense. All subsequently-purchased radios aze subject to the
terms and condirions of this Agreement. SUBSCRIBER shall noufy COIJNTY in writing of such addirional radio
purchases and COIJNTY will activate the radios upon receipt of the written notice.
4.3 Financin2 of SUBSCRIBER Radios and Transfer of Title
Pursuant to COiJNTY Board Resolution 2004-433, COLTNTY will finance the initial purchase of radios up to
51,995 per radio based on the average price of the radios purchased. The total amount to be paid by COiJNTY for
SUBSCRIBER'S initial purchase is set forth in Append� A. SUBSCRIBER will be responsible for any additionai
cost for the purchase of the number of radios identified in Appendix A over the amount set forth in Appendix A as
payable by COiJNTY. COLINTY will invoice SUBSCRIBER for the additional cost not financed by COLJNTY
upon delivery of the radios to SUBSCRIBER by COiJNTY. SUBSCRIBER shall make payment to COUNTY
within thirry-five (35) days from receipt of the invoice. Risk of loss shall transfer to SUBSCItIBER upon delivery;
and title will ffansfer upon receipt by the COUNTY of payment in full from SUBSCRIBER. Failure of
SUBSCffiBER to make payment within the specified tune period will be grounds for COLJNTY to disconnect the
radio from the Subsystem. SUBSCRIBER may not transfer ownership of radios financed by COUNTY to a third
party during the Initial Term without the prior consent of COUNTY.
4.4 Soecial EvenUEmereenc�Radios
COUNTY will maintain a Fleet of radios which will be made available to SUBSCRIBER, generally on a first come
first serve basis, for tempoxary assignment for special events, response to emergencies, or other similar events. The
risk of loss transfers to SUBSCRIBER upon receipt of the COiJNTY radios and SUBSCRIBER shall be
responsible for the loss of or damage to the COUNTY radios, including the cost of repair, the cost of a replacement
radio, and progranuning and other costs required to put the radio in the same operational condition it was in when
assigned to SUBSCRIBER. If there are more requests for these radios than can be accommodated, COUNTY will
prioritize allocations. These assigned radios will have a generic Code Plug using common county and regional
interoperability talk groups.
4.5 Allocation of Subsvstem Resources
COUNTY will allocate to SUBSCRIBER, on a fair and non-discriminatory basis, sufficient Subsystem resources
including, but not limited to, Talk Groups, Announcement Groups, Radio Unit IDs, and Alias IDs, in order to
provide SUBSCRIBER with an equivalent gade of service afforded to other comparable Subsystem Subscribers.
4.6 Monitorm¢ of SUBSCRIBER Tallc Groups
COUNTY may periodically monitor tallc groups allocated to SUBSCRIBER for SUBSCRIBER'S internal use for
Subsystem management purposes, including, but not limited to, maintenance, troubleshooting, perfotmance
assessments, unusual traffic pattems (sudden jump in usage), and policy and procedure compliance checks.
COi3NTY monitoring of SUBSCRIBER'S talk groups may occur at any time, for any duration, may be without
notice, and is subject to recording. Access to recordings of any data from this monitoring is subject to the
provisions of the Minnesota Govemment Data Practices Act.
4.7 Radio Operator Training
COLTNTY will provide SUBSCRIBER with access to end user radio training, instructional materials in hard copy
or digital media form, and training instructors as made available or provided to COCTNTY from the Metropolitan
Emergency Services Boazd, or its successor, or other sources for the deployment of radios included in
SUBSCRIBER'S initial purchase, at no cost to SUBSCRIBER. However, COtJNTY will not be responsible for
reimbursement to SUBSCRIBER of SUBSCRIBER'S internal costs related to attendance of SUBSCRIBER staff at
such training. Once the initial training is provided, SUBSCRIBER will be responsible for the cost of training new
employees and for providing re&esher training. COUNTY and SUBSCRIBER may agree to provide fuhue training
cooperatively.
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4.8 Subsvstem Database Administration
COL3NTY will manage and administer the Subsystem database records containing the information related to
inventory, configuration, programming history, softwaze version conh�ol, radio IDs, service levels, and statistical
usage analysis, for SUBSCRIBER-owned radios used on the Subsystem.
4.9 Radio Station Licenses
COUNTY sball hold and administer all FCC licenses on behalf of all Subscribers of the Subsystem. SUBSCRIBER
shall operate, as authorized, mobile, portable and control station units under COLINTY'S FCC radio station
licenses.
4.10 Nothing herein shall constitute a representation or warranty by COiJNTY that the Subsystem shall operate
without error.
5. SUBSYSTEM OPERATIONS AND MANAGEMENT
5.1 Department Division
COUNTY shall operate and manage the Subsystem under the direction of a System Manager as a division within
the Office of the Ramsey County Manager. This division will include all aspects of Subsystem plamming,
operations, maintenance, and management. The division wi11 deal with the Subsystem backbone including network
connections, base radio stations, antennas, microwave and fiber optic systems, and will address subscriber unit
related issues such as maintaining the Subsystem database and managing access to the Subsystem by subscriber
unit users.
5.2 Subsvstem Ooerations and Users Group/Subsvstem Policv Group
The Subsystem Operations and Users Group shall be made up of representatives of Subsystem users. The
composition bf the Subsystem Operations and Users Group shall be determined by COLJNTY Board resolution.
Each represented Subsystem user shall appoint its own representative. The Subsystem Operations and Users Group
shall make recommendations to the Radio System Manager and to the Subsystem Policy Group on operational
policies, protocols and procedures, and on such other matters as either shall request.
The Subsystem Policy Group shall be made up of persons appointed by the COiJNTY Board to advise the
COUNTY Board on the Subsystem budget, funding, non-operational policies, and such other matters as the
COLJNTY Boazd shall request by COUNTY Board resolution.
6. TERM AND CANCELLATION
61 Term of Aereement
This Agreement shall be for an initial term beginning on the date following execution by both parties and
continuing through December 31, 2016 ("Initial Term"). After the Initial Term, this Agreement wili automatically
be extended for additional one (1) year terms, up to a maximum of ten (10) renewals, subject to the rights of the
parties to cancel this Agreement under Sections 62-6.4.
6.2 Cancellation of Aereement bv COUNTY
Except as otherwise provided in Section 6.4, this Agreement may not be canceled by CO[JNTY during the Initial
Term. Thereafrer, this Agxeement may be canceled by COiJNTY for lack of funding to operate the Subsystem,
taking the Subsystem out of service, and other material causes not attributable to SUBSCRIBER, upon three
hundred and sixty five (365) days' written notice to SUBSCffiBER, provided that any such cancellation by
COiJNTY shall requue action by the Board of Ramsey County Commissioners.
63 Cancellation of A¢reement bv SUBSCRIBER
This Agreement may be canceled by SUBSCRIBER at any time with or without cause upon thiriy (30) days'
written notice to COLTNTY, provided that any such cancellation by SUBSCRIBER shall require action by
SUBSCRIBER'S governing body.
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6.4 Cancellation of Aereement for Default
If either party fails to perform any material term of this Agreement, it shall constitute a default. Unless
SUBSCRIBER'S default is excused by COiJNTY, COUN1'Y may, upon written noUce, immediately cancel this
A�eement in its entirety. Default by SUBSCRIBER shall include, but is not limited to, continued misuse of the
Subsystem, breach of Subsystem data security, and failure to pay in accordance with the provisions of this
Agreement. Unless COiTNTY'S default is excused by SUBSCRIBER, SUBSCRIBER may, upon thiriy (30) days'
written norice, cancel flus Agreement in its entirety.
Notwithstanding any provision of this Agreement to the conhary, the defaulting party shall not be relieved of
liability to the other party for damages sustained by the non-defaulting parry by vir[ue of any breach of this
Agreement by the defaulting pariy.
The above remedies shall be in addition to any other right or remedy available under law, statute, rule, and/or
equity.
The failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not
be deemed a relinquishment or waiver of the same, unless wnsented to in writing. Such consent shall not constitute
a general waiver or relinquishment throughout the entire term of the Agreement.
6.5 Actions Upon Ternunation or Cancellation
Upon expiration or cancellation of this Agreement, SUBSCRIBER shall cease all use of the Subsystem including
using the Subsystem with radios owned by SUBSCRIBER and SUBSCRIBER shall delete Code Plugs and
encryption key information from the radio memory as necessary to protect private data and prevent unauthorized
access to the Subsystem information.
MERGER AND MODIFICATION
7.1 Entire Aereement
It is understood and agYeed that the entire Agreement between the parties is contained hexein and that this
Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof.
All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement.
7.2 Amendments to A�reement
Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they
have been reduced to writing as an amendment to this Agreement signed by authorized representatives of both
parties.
8. MISCELLAI�EOUS PROVISIONS
8.1 Liabilitv
Each pariy agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by law,
and shall not be responsible for the acts of the other party and the results thereo£ COi1NTY'S liability is governed
by the provisions of Minnesota Statutes Chapter 466. SUBSCRIBER's liability is subject to the provisions of
applicable Minnesota statutes.
8.2 Data Privacv
SUBSCRIBER, its officers, agents, owners, partners, employees, volunteers or subcontractors agree to abide by the
provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other
applicable state and federal laws, rules, tegulations and orders relating to data privacy or confidentiality, and as any
of the same may be amended. The responsible authority for SUBSCRIBER is
The responsible authority for COLINTY is Mary Mahoney.
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83 Contract Administration
In order to coordinate the services of SUBSCRIBER with the activities of COLTNTY so as to accomplish the
purposes of this Ageement, shall manage
this Aa eement on behalf of SUBSCRIBER, the Radio System Manger shall manage this Ageement on behalf of
COLJNTY, aud both shall serve as liaisons between the parties.
8.4 Notices
Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any
statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to COLJNTY and to
SUBSCRIBER shall be sent to the addresses stated below:
To COLTNTY: County Manager
Suite 250 City Ha1UCourYhouse
15 West Kellogg Boulevard
St. Paul, Minnesota 55102
To SUBSCRIBER:
Mayor, City of St. Paul
Suite 390 City HalUCourthouse
15 West Kellogg Boulevazd
St. Paul, Minnesota 55102
8.5 Minnesota Laws Govem
The Laws of the State of Minnesota shall govem all questions and interpretations concerning the validiry and
construction of this Agreement and the legal relations between the parties and performance under this Agreement.
The appropriate venue and jurisdiction for any litigation hereunder will be the state or federal coufls located within
the County of Ramsey, State of Minnesota. If any provision of this Agreement is held invalid, illegal or
unenforceable, the remaining provisions will not be affected.
8.6 Mediation
COIJNTY and SUBSCRIBER agree to submit all claims and disputes between the parties arising out of or relating
to this Agreement to the Subscriber Policy Group. If the Subsystem Policy Group cannot reach a resolution, the
COIJNTY and SUBSCRIBER agree to submit the claim or dispute to mediation. The mediation shall be conducted
through a mutually agreed upon mediator. The parties shall decide whether mediation shall be binding or non-
binding. If the parties cannot reach agreement on this issue, mediation shall be non-binding. In the event
mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action
prior to the expiration of the applicable statute of limitations.
8.7 Force Majeure
Neither pa�ty shall be liable to the other for any loss, damage, failure, delay or breach in rendering any services or
performing any obligations hereunder to the extent such failure, delay or breach results from any cause or event
beyond the control of the party being released hereby ("Force Majeure"), including, without limitation, fire or other
casualty, acts or threatened acts of tenorism, pestilence or epidemiq strike or labor dispute, war or other violence,
acts or inaction of any govemmental authority, or any other cause beyond the reasonable control of the party. The
excused parry shall use reasonable efforts under the circumstances to avoid or remove such causes of non-
performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or cease.
8_8 Nothing herein shall preclude the Kamsey County Boazd of Commissioners from exercising its full
authorities in relation to this Agreement.
800 MHz Subsystem Subscriber Agreement-City of St. Paul 9 of ] 0
07 ��
WHEREFORE, this Agreement is duly executed on the last date written below.
RAMSEY COUNTY
David Twa, County Manager
Date:
Approved as to form and insurance:
Assistant County Attorney
Pwchase Order or
Aspen Vendox Contract Number:'
Funds are available
Account Number:_
Budgeting and Accounting
CITY OF ST. PAUL
By: /'"�
IYS:,�]yj�, f n f P T' r
.
Date:
ay:
zts �-���4�f�r�� ,�`.
By:
zes ���e� Ser���ec
i �.
B1'�._
I t S_ 4ti1a.0 oY'
By�
I t s, � i✓C f�"�'� Ct !A�'V�Gzv1 t� t et �tfS
1
800 MHz Subsystem Subscriber Agreement-City of St. Paul 10 of 10
07 �3��
Police Order
Qty. Model
126 H78UCF9PW6_N
726 Q806
126 Q367
126 H38
126 Qf73
126 H74
726 Q759
126 Q625
126 H869
�26 Q393
126
527 H46UCF9PW6_N
527 Q574
527 R393
527 NMN
527 NTN 1667A
527 H885
760
160
160
I60
160
160
160
160
160
160
760
160
85
85
85
85
85
85
BS
85
85
85
85
BS
Subscriber Initial Purchase Order
City of St Paul Police/Fire Department
Description
XiS 5000 Model II / 350-channe1/800MHz
Astro Digital CAI Operation SoRware
Astro 25 Soflware
SmartzonelSinglezone System Software
Smarizone Omnilink Software
Enhanced ID Display (motlels II & Iil only)
ADD: Encryption UGM Hardware
ENH: DES/DES-XL
ADD. Mui[ikey
Batlery
Diswunt $400 per 2dio
XTS 2500 Model 11/160 channe1/800 Mhz
SoBware 9600 eaud (MN Metro Pk9.)
(includes op[ions; Q806 - CAI operd6on,
Q361 -AStro 25 software, H38 - Smarpone,
4173 - Omnilink 8, H74 - PTT ID tlispiay)
7750mAH NiMH FM Battery (NTN9857)
Speaker Microphone
Charger
2 year E S.P. {3 year totaf warta�ty)
M75UR59P1AN XTL 2500 "MantaRey" Main Model
?(New Option #) ADD: XTL 2500 Control Head
{41i�, 16-charecter alphanumeric display)
�(New Option #) ADD� XTL 2500 Control Head Software
G806 Astro Digital CAI Operation Software
G57 Smartzone/Singlezone System Soflware
G361 Astro 25 Software
G173 Smartzone Omnilink SoHware
G67 ADD. REMOTE MOUNT
W22 Standard Palm Microphone
618 Auxilary 5 Wa[t Speaker
G335 Antenna 1/4 Wave (764-870MHZ)
G114 Enhancetl Digitat{D pisplay
M15URS9PIAN XTL 2500 "ManWRey" Main Model
?(New Option #) ADD: XTL 2500 Control Head
(4-{ine, 16characte� alphanumeric display)
?(New Op[ion #) ADD: XTL 2500 Control Head Software
G806 Astro D�gital CAi Operation Soflware
G51 Smartzone/Sin9lezone System Soflware
G361 Astro 25 Soflware
G173 Smartzone Omnilink Software
G66 ADD.DASH MOUNT
W22 Stantlard Palm Microphone
618 Auxilary 5 Watt Speaker
G335 Antenna 1/4 Wave (764-870MHZ)
G114 Enhancetl Dig�ta! ID Display
M20URS9PWIAN XTL 5000 "QuesY' Main Motlel
G72 ADD. XTL SD00 "W3" Control Heatl
(Hand-heltl Remote Control Head w/
14-character/2-line tlisplay)
G92 ADD: XTL 5000 "W3" Cantrol Software
G806 Astro DigRal CAI Operation Software
G51 Smartzone/Si�glezone Systam Software
G361 Astro 25 Software
Unit Price
5 1,467 44
g 35020
S 204.00
$ 7,020.00
S -
� si.00
g 108.12
$ 407 32
� 224.40
$ 31.96
5 (40000)
$ 3,464 44
Aooentliz A
Item ToWls
5 784,897.44
�u 44.12520
$ 25.704.00
$ 128,520.00
$ -
3 6,426.00
$ 13,62312
$ 51,322.32
$ 28,274.40
$ 4,026.96
S ;5040000)
$ 436,519 44
1,054.00 $ 555,458.00
1,139.00 $ 600,253.OD
$ 55.76 $ 29,385.52
$ 5772 $ 30,478.44
$ 74.00 $ 38,998 OD
$ 65.00 $ 34.255 00
$2,445.48 $ 1.288,767.96
7,122.75 $ 779,640.00
21900 $ 35,040.00
$ -
$ 38625
$ 731 25
$ 225.00
$ 150.00
$ 222.75
$ sa o0
� 45.00
$ 10.50
$ 5625
$ 3,222.75
$ -
$ 6�,800.00
$ '117,000.00
$ 36,000.00
$ 24,000.00
$ 35,640.00
s a,sao.00
$ 7,200.00
$ 1,680.0�
$ 9.000 09
$ 515,640.00
1,122.75 $ 95,433.75
219.00 $ 18,615.00
$ - $ -
$ 38625 $ 32,83125
$ 731.25 $ 62,15625
$ 225.00 $ 79,125.00
$ 150.00 $ 52,750 0�
$ 93 75 $ 7,965 75
$ 54.00 $ 4,590.00
$ 45.00 $ 3,825.�0
$ 10.50 $ 892.50
$ 5625 $ 4.78125
$ 3,093.75 $ 262,968.75
$ 1,077.96 $ 5,089 SO
$ 643 28 $ 3,216.40
_ g '
35020 $ '1,751.�0
1,02�.00 $ 5,100.0�
204.00 $ 1,02000
U 7-'�3
9
9
9
9
9
9
9
9
9
9
9
9
G173 Smar4one Omnilink Software
G67 ADD: REMOTE MOUNT
G90 Na Microphone Neetletl
618 Auxilary 5 Watt Speaker
G335 Mtenna �/4 Wave (764-670MHZ)
G714 Enhancetl Digital ID Dispiay
M20URS9PW7AN XTL 5000 "Quest" Main Modei
G73 ADD: XTL 5000 °W4" ConVOI Head
(Rotary knob / Scharacter alpha tlisplay)
G93 AD�: XfL 5�00 "W4" Control Software
G806 Astro Digital CAI Operation Software
G51 Smarizone/Smglezone System Software
G361 Astro 25 Sofiware
G173 Smar�one Omnilink Soflware
G67 ADD:REMOTE MOUNT
W22 Standartl Palm Microphone
678 Auxilary 5 Watt Speaker
G335 Antenna t!4 Wsve (7fi4-870MHZ)
G759 Encryption UCM Hartlware
G625 DES-OFB Encryption (requires G159)
W969 Mutt�key Encryption Operetion
Gi 14 Enhancetl Digital ID Display
47 H66UCC9PW5_N
47 Q574
47 Q393
47 H885
47 H635RL
Fire Deaartment Order
Model
163
163
163
163
M163
163
163
163
163
24
24
24
24
24
24
24
24
24
24
24
24
XTS 1500 / 16�channei / 800MHz
Software 9600 Baud (MN Metro Pkg.)
(inclutles options; Q806 - CAI operetion,
Q361 - Astro 25 soflware, H38 - Smanzone,
Q773 - Omnilink)
1750mAH NiMH FM Battery (NTN9857)
2-Year E.S.P. (3-year totaf warranTy)
XTS 1500 Q4 Pmmation Discount
Description
H18UCF9PW6_N XTS 5000 Model II / 350ohannell SOOMHz
QSO6 Astro Digital CAi Ope26on Software
4361 Astro 25 Software
H38 Smar4one/Singlezone System So(lware
Q173 Smartzone Omniiink Software
H14 Enhancetl ID Disptay (models II & III only)
H499 ALT: Ruggedizetl Housing
Q393RUGD 7750mAH NiMH / SMART/ FM / Ruggetl (NNTN4437)
Speed Discount
H18UCF9PW6_N XTS 5000 Model II / 350channel / BOOMHz
Q806 Astro DigiYal CA1 OpereTion Software
Q361 As[ro 25 Software
H38 Smartzone/Singiezone System Software
Q173 Smar�one Omnihnk Software
H14 Enhanced ID Display (models 11 $ III only)
H499 ALT: ftug9edized Hous�ng
Q393RU6D 1750mAH NiMH f SMART! FM / Ruggeq (NNTN4437)
4159 ADD: Encryption UCM Hartlware
4625 ENH:DESIDES-XLIDES-OFB
H869 ADD: Multikey
Speetl Discount
5 136.00 S 680.00
5 201.96 5 1,009.80
5 - S -
s ao.so s zoa o0
S 9.52 $ 47.60
"� 57.00 $ 255.00
$ 3,674.72 $ 18,373.fi�
$ 1,017.96 $ 9,161.64
5 29376 S 2,643.SA
$ -
$ 35020
$ 1,020.00
$ 204.00
$ 136.00
$ 201.96
$ 48.96
$ 40.80
$ 9.52
$ 102.00
$ 407.32
$ 224 40
$ 51.00
$ 4,107.88
S -
$ 3,151.80
$ 9,180.00
$ 1 636.00
5 1 224.00
$ 1,817.64
$ 440 64
$ 367.20
$ 85.68
$ 918.00
$ 3,665.88
$ 2,079.60
$ 459.00
$ 36,970.92
562.50 $ 26,437.50
697.5� $ 32,762.50
$ 55.76 $ 2,620.72
$ 56.00 $ 2,632.00
S l�7500) $ (8,22500)
$ 1,382.76 $ 56,247.72
Unit Price
Item ToWis
$ 1,467.44
$ 350 20
$ 204 00
$ 1,020.00
$ -
$ 51 00
$ no.00
$ 31.96
S (400 001
$ 2,894.60
$ 1,467.44
$ 35020
� 204 00
$ 1,020.00
$ -
$ 51.00
$ 170.00
$ 37.96
$ 105.72
$ 407.32
$ zza.ao
5 (400.00�
$ 3,634.44
$ 239.192.72
$ 57,082.60
$ 33,252.00
$ 166,260.00
$ -
$ 8,373.00
$ z�,�io.00
$ 5,209.48
5 (65.200 00�
$ 471.819.80
$ 35,218.56
$ S,A04.80
$ 4,896.00
5 24,480.00
$ -
$ 1.224.00
$ 4.0&1.��
$ 767.04
$ 2.594.86
$ 9,775.68
$ 5,38560
S f9600001
$ 87,226.56
84 H46UCF9PW6 N XTS2500MotleI11N60-channel/BOOMHz $ 1,054.00 5 88,536.00
84 Q574 Software 9600 Baud (MN Metro Pkg.) $ 1,139.00 $ 95,676.00
84 (includes options; Q806 - CAI operetion,
84 Q361 - Astro 25 soflware, H38 - Smar�one,
o �-�
84
84
84
84
16
16
76
16
76
16
16
16
16
16
16
i6
16
76
76
16
105
105
105
105
105
ios
105
105
105
ios
105
105
105
Q773 - Omnilink & H14 - PTT ID display)
Q393 1750mAH NiMH FM Battery (NTN9857)
NMN Speaker Microphone
NTN 1667A Chatger
N885 2 year E.S.P. (3 year total warcamy)
M2DURS9PWIAN XTL 5000 "Quesf' Main Model
G72 P.OD: XTL 5000 °W3" Control Head
(Hand-held Remote ConVol Head w/
14-charac[ed2-line display)
G92 ADD: XTL 5000 "VJ3" Control Software
G806 Asho Digital CAI Operation Soflware
G51 SmartzonelSinglezone System Soflwa2
G361 Astro 25 Software
G573 Smar�one Omnilink Software
G67 ADD: REMOTE MOUNT
G90 No Microphone Neetled
B18 Auxilary 5 Watt Speaker
G335 Antenna t/4 Wave (764-870MHZ)
G759 Encryption UCM Hardware
G625 DES-OFB Encryption (requires G159)
W969 MultikeyEncryphonOperetion
G714 Enhancetl Digifal ID Display
M15URS9PtAN XTL 5000"
?(New Option #) ADD: XTL 5000 Control Head
(4-line, 16-character alphanumenc display)
?(New Option #) ADD: XTL 5000 Control Head Software
G806 Astro Digital CAI Operetion Software
G51 Smartzone/Singlezone System So(Iware
G361 Astro 25 Software
G173 Smar�one OmnilinR Software
G67 ADD�REMOTE MOUNT
W22 Standard Palm MiCrophone
618 Auxilary 5 Watt Speaker
G335 Antenna t/4 wave
G'114 Enhanced DigitallD Display
$ 5576 $ 4,683.84
$ 57.72 5 4,848.48
S 74.00 3 6,216.00
S 65.00 S 5 46�.09
52,445.48 5 205,420.32
1,017.96 $ 16,287.36
64328 S 1q292.48
5 -
$ 350.20
$ i,ozo.00
$ 204.00
$ 136.00
$ 201.96
$ -
$ 4�.80
$ 9.52
$ 102.00
$ 407.32
$ 224 40
$ 51 DO
$ 4.0.08.44
$ -
$ 5,60320
$ 16,320 DO
$ 3,264.00
$ 2,176.00
$ 3,231.36
$ -
$ 652.80
$ 152.32
$ 1,632.00
$ 6.577.12
$ 3,59D 40
$ 816.00
$ 70,535.04
1,122.75 $ 117,888.75
219.0� $ 22,995.00
$ -
$ 38625
$ 73125
$ zzs.00
$ 150 00
$ 222.75
$ 54.00
$ 45.00
$ 9 52
$ 5625
$ 3,221.77
$ -
$ 40,55625
$ 7s,�si.zs
$ 23,625 00
$ 15,750.00
$ 23,388.75
s s,s�o.00
$ 4,725 00
$ 999.60
$ 5.90625
$ 338,285.85
Subtotal $ 3,788,775.96
1351 Averege purchase price $3,157.31
Subtract County S�bsidy ($1,995 per radio x 1200) (51,995 00) ($2.394.000 00)
Subscriber Obligation to Ramsey County $ i,3sa,775.ss
'MOtoroia fulfltied thrs order sfipping XTL 5600alW4 control heatl umffi at the bwer XTL 2500 pnce since XTL 2500s
were not in producbon a� the time of the ortler