08-820Council File #
Presented By:
RESOLUTION
SAINT PAUL, MINNESOTA
Green 5heet #
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Referred To: Committee: Date
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RESOLVED, that the proper City officials are hereby authorized and directed to execute a joint powers
agreement to extend the use of the City's Computer Aided Dispatch (CAD) system wireless capability to the City
of New Brighton, which includes an indemnification clause, as provided by Saint Paul's Department of Fire
and Safety Services; a copy of said agreement is to be kept on file and of record in the O�ce of Financial
SBNICES.
Adopted by Council: Date �j�J J��
Adoption Certified by Council Secretary:
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B y: ____�!lY�� � C
Approved by M,ays{:^Rate a U7S
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Requested by Department of:
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By:
Form ApprovecJ.by it� or y:
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By: f -
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Approved by or f r Sul i sion uncil:
By: �
Approval Recommended by Director of Financial Services:
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Contact Person & Phone: Department Sent To Person InitiaVDate
Chief Tim BuUer � 0 FSre �
� ' Assign 7 Fire DeparhnentD"uecmr � �
Must ��Council Agenda by (Date)- � Number � -- ��r �_
� For.
— Roufing
Doa Type: RESOLUTION � Order
E-DOCUment Requiretl: Y
Dacument Contact: Jill LaCasse
ConWd Phone: 225-6257
Toql # of 5ignature Pages _ iClip AII Lowtions for Signature)
2 Tec6noloEr and ManaEement Serr '
3 Citv Attozney ' __ �
4 �Mavor's �[fice MavorlASSistant
5 Coancil � I
6 �Ltiry Clerk i City Clerk i
�, Approval of the at[ached Council Resotution authorizing the Department of Fire and Safety Services to enter inrA a joint powers �i
I agreement to extend the use of the City's Computer Aided Dispatch (CAD) system wireless capability to the City of New Brighton. i
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, ..__,......_. ..,._.,.......,,...,.., �. ., .,, ..
, Planning Commission
, CIB Committee
, _. _ _ Civil Service Commission
1. Has this person/firm everworked untler a contract for this department?
Yes No
2. Has this person(firm ever been a city employee?
Yes No
3. Does this persoNfirtn possess a skill not normally possessed by any
current city employee?
Yes No
Expiain ail yes answers on separate sheet and attach to green sheet
i iNtiating Problem, lssues, Opportuniry (Who, What, When, Where, Why): j
� The City of New Brighton wishes to have the capability of the CAD system and the City of Saint Paul can extend the capability and I
support to them to achieve operating efficiencies between the communities. I,
1
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i
I Advantages ifi Approved: '
j The Ciry of Saint Paul will be abLe to shaze resources with the City of New Brighton.
'� DisadvantageslfApproved:
i None.
� Disadvantages If Not Approved:
! The City of Saint Paul will not be able to shaze resources with the City of New Brighton.
, Total Amount of Cost(Revenue Budgeted:
Transaction:
Funding Sourcec Activity Number:
Fina�cial Information:
(Explain)
July 21, 2008 2:08 PM Page 1
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_= JOINT POWERS AGREEMENT
Between the City of Sai�t Paut and ffie City of New Brighton
� For Wireless CAD System Access
This is an Agreement by and between the City of Saint Pau1, (hereinafter refened to as the "City") a
Minnesota municipality, tlarough the Saint Paul Fire Depariment (hereinafter referred to as the "SPFA")
and the City of New Brighton, (hereinafter refened to as the "New Brighton") a political subdivision of
the State of Minnesota. Ttarough the New Brighton Fire Department (hereinafter referred to as the
"Customer Agency").
WF�REAS, The City and New Brighton, pursuant to the provisions of Minnesota Statutes §471.59, are
authorized to enter into an agreement to exercise jointly the governmental powers and functions each
has individually; and
WFIEREAS, The City and New Brighton, pursuant to the provisions of Minnesota Statutes §471.64, aze
authorized to lease, sell, and buy materials between one another; and
WFIEREAS, The City and New Brighton have entered into agreements for New Brighton to have the
use of a CAD system owned by the City ("Ciry CAD System"); and
WFIEREAS, The SPFD is currently utilizing a wireless network ("Wireless Network") for connectivity
between the Ramsey County's Dispatch Center, and the SPFD's laptops through "Message Switch"
(Motorola Premier MDC Server software, version 5.16.1) accessing Consolidated CAD Dispatch
Center; and
WF3EREAS, The Customer Agency wishes to also urilize the Wireless Network for connecfivity
betcveen the CAD Consolidated Dispatch Center, and the Customer Agency's laptops, through the
Message Switch accessing the City CAD System; and
WHEREAS, Pursuant to the SPFD's current agreements wifh Motorola, Sgrint Wireless and State of
Minnesota for NetMotion and Internet connectivity, the SPFD has the authority to extend the use of the
Wireless Network services to other municipality Fire agencies; and
WHEREAS, The City and New Brighton have reached agreement on the terms and conditions under
which the SPFD will extend its Wireless Netwark capability and the expertise of its Information
Systems staff to the Customer Agency to help both parties achieve operating efficiencies;
NOW, THEREFOItE, IT IS HEREBY AGREED, by and between the parties as follows:
Scope of Services
A. General Descrintion of Services
The SPFD, pursuant to authority set forth in the 5aint Paul City Charter, Saint Paul City
Codes and applicable State Statutes, shall provide the Customer Agency a connection to
the City CAD System, through a Message Switch to a Wireless Network System
("System") for use by the Customer Agency as described herein.
7PA City and 23ew Brighton Wueless CAD Agreement Page 1 of 12
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B. System Description
= 1) The System consists of a network ofwireless connectivity betweenpraperly -
^ ec}ui�ped aud configured laptop computers and the Message Switch (Motorola
� Premier MDC Server software) operated by SPFD.
2) The System is supported by hazdware such as servers, firewalls, and related
network equipment as required to support the network of wireless connectivity.
3) The functionalities ofthe System are to ailow fire emergency vehicles to
wirelessly and without radio transrnission receive dispatched calls for service
from the City CAD System; aliow fue emergency vehicles to transmit their status
to the City CAD System; a11ow fire emergency vehicle to fire emergency
vehicles wireless message communication; and exchange wireless messages
between fire emergency vehicles and dispatchers from the CAD System without
transmitting radio traffic.
4) All data transmitted from laptops is encrypted.
C. Description of Services. The services to be provided by the SPFD to the Customer
Agency under this Agreement aze as follows:
1) System Connectivitv
The SPFD shall provide the Customer Agency with wireless connectivity, for
Customer Agency laptops utilizing the Message Switch currently installed at the
SPPD's Computer Center. Upon initial implementation, the wireless
connectivity will a11ow the Customer Agency to perform the following functions
using the indicated software:
a) Motorola Premier MDC ciient software, version 5.17, which is the
CAAiwireless interface on Customer Agency laptops and allows query
functions and encrypts data;
b) NetMotion Mobility XE client softwaze, version 7.0, which compresses
and encrypts data and maintains wireless connectivity;
c) Sprint PCS Connecfion Manager or equivalent and
d) Anti-virus software and Ghost software.
2) The SPFD will also enable functionality, as mutually agreed by the parties, to
allow Customer Agency's access to various specific Internet sites.
3) InitialImplementafion
a) The Customer Agency cvill arrange far purchase of Sprint wireless
services and wireless modems. As a result, the costs for Sprint wireless
services will be included in tha one-time payment and Monthly Fees to be
charged to the Customer Agency by Sprint wireless service provider.
Should the SPFD determine to change the wireless services vendor, the
provisions of Section I.C.S)g) sha11 apply.
JPA City and New Brighton Wireless CAD Agreement Page 2 of 12
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b) IS staff assigned to SPFD shall install and configure soflware, as
described in I.C1) a)-d}, on City of St. Paul servers located in the CAD -
Computer Center and/or on each Customer Agency provided laptop. This
is in order to provide Wireless Network services. IS staff assigned to
SPFD will install properly configured software, on Customer Agency -
provided laptops at a mutually agreed upon location.
c) IS staff assigned to SPFD will install a wireless modem on each
Customer Agency laptop. IS staff assigned to SPFD wi11 insta.11
connectors and antennae, if the connectors and antennae are needed for
wireless services, on each Customer Agency laptop.
d) IS staff assigned to SPFD will test all installations and certify that all
Services are completed, that Services perform in accordance with the
terms of this Agreement and the software manufacturers' users manuals,
and that connecfivity to the Wireless Neiwork is ready far testing.
e) The Customer Agency shall have a 14-Day Field Test Period to test the
cannecfivity for up to 3 installed laptops; subsequent installation of
laptops will not be subject to any field test period and shall be treated as a
Continuing Service under this A greement;
fl During the 14-Day Field Test Period, IS staff assigned to SPFD wi11
conect any System defects or deficiencies idenrified by the Customer
Agency; the Customer Agency shall telephone the SPFD Helpdesk at
651-228-6267 or email to SPPDHeIp(c�ci.stpaul.mn.us upon identification
of a defect or deficiency;
g) Acceptance: the Customer Agency shall accept the Services after the set-
up of the initial laptops, expiration of the 14-Day Field Test Period and
correction of defects and deficiencies by the Customer Agency and the
SPFD.
h) The Customer Agency will be responsible for the physical installation of
the laptops tested during the 14-Day Field Test Period, and for the
physical installation of any subsequent additional Customer Agency
laptops to the Wireless Network. This service is not within in the scope of
the Services under this Agreement.
i) Connecrivity of the laptops to the wireless service will take place on a
schedule to be mutually agreeabie to the parties, provided that the initial
test laptops will be installed within sixty (60) days of execution of this
Agreement by the parties.
j) Subsequent implementation of wireless connectivity for additional
laptops will take place over a period of time�as requested by the Customer
Agency. The m�imum nuxnber of all operational laptops will not exceed
20 units in total used by Customer Agency.
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4) Tzauiin�
— a) The SPFD will provide instructors and initial train the trainer type_of _
` training for th� Customer Agency. Cusfomer Agency should prepare its
— own trained personnel (local experts) for agency's ongoing CAD mobile
opezational support.
b) The training shall take place at a mutually agreed upon location using
Customer Agency -provided laptops with the software that the SPFD has
installed.
c) One training session shall be conducted for up to 8 individuals for a
period of two hours.
d) Ali training sessions shall be completed during the 14-Day Field Test
Period identified in Section I.C3)e).
5} Svstem Support Services (Maintenance, Heipdesk, Up�radesl
The SPFD shall provide System maintenance, Helpdesk services and System
upgrades (collectively "Support Services") to the following degree and manner:
a) Maintain functionality of al15PFD- installed Wireless Network installed
soflware and the connectivity between the Customer Agency's laptops
and the Message Switch;
b) Assistance from the Helpdesk during regular business hours (8:Q0 a.m:
4:00 p.m.), Monday- Friday, for problems with the System;
c) There will be no On-call assisfance from the Helpdesk stafFfor after-
hours (M-F 4:00 p.m. to 8.a.m. and weekends) or holiday problems with
the System; After hours requests will be handled through helpdesk voice
mail or email on the next following work day.
d) The SPFD will periodically receive upgraded software or software
patches for the Wireless Network from vendors inciuding updates or
software patches to the supported operating systems. System software
upgrades or soflware patches will be impiemented as upgrades and
patches become available from vendors and as the SPPD decides the
upgrades or patches aze suitable for the confinued successful operation of
the System. The process for installing upgrades or patches of software
may require that all or portions of the System be taken out of service far a
period of time. The SPFD will plan instaltafion of software upgrades
during a regular workweek and hours, in a manner so as to minimize the
disruption to the operation of the Wireless Network;
JPA City and New Bri�ton Wireless CAD Agreement Page 4 of 12
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e) Periodically, the SPFD shall perform maintenance on or will repiace or
repair hudware required for the Wireless Network. The process for
replacing or repaiz�ing I�ardware may require that aII or portions of tfie
Wireless Network be taken out of service for a period of time, The SPFD
will plan work on hazdwaze during a regular workrveek and hours, in a
manner so as to minim;ze the disruption to the operation of the Wireless
Network;
� The SPFD reserves the right to select and install softwaze products
required to operate the Wireless Network other than the products
originaliy specified in this Agreement. This may mean the SPFD will
change softwaze products, at its discretion based on cost, acceptable
soflware and service from vendors and compatibiliTy with the Wireless
Neiwork. Costs to the Customer Agency wi11 not change without an
addendum to ttais Agreement or a new agreement;
g) The SPFD may, at its own discretion, select another vendar for wireless
services. The SPFD will notify the Customer Agency of such a planned
change in wireless vendors at least 60 days before such a change is made.
$y the end of the 60 day period, the Customer Agency will arrange for
wireless services and wireless cards for laptops from the SPFD selected
vendor. The Customer Agency wili also make anangements for biliing to
the Customer Agency for these services and equipment. The SPFD will
make its selecfion of a wireless vendor based on their compatibility and
reliability with the Wireless Network, compatibility and reliability of
wireless vendor supplied hardwaze such as modems, and costs and
support from the vendor. Should the vendor agree to allow the SPFD to
manage an account for the Customer Agency, the SPFD may offer to act
as account manager for vendor wireless services provided for the
Customer Agency laptops. In such event, the SPFD will add to its
monthly biil to the Customer Agency the cost of the vendar wireless
services, cost ofthe modems, antennae or other costs billed to the SPFD
by the vendor for services to the Customer Agency.
h) SPFD does not currently support the Microsoft Vista operating system.
Any future support by SPFD for Customer Agency laptop computers
installed with the Vista operating system will be at the sole discretion of
SPFD. Should SPFD elect to offer such support for the Vista operating
system for laptops used in the Wireless Network this will be
communicated in writing to the Customer Agency by the SPFD
Designated Representative.
6) The initiai software to be installed by SPFD on Customer Agency laptops and(or
City of St. Paul server(s) is as described in I.C.1)a)-d).
JPA City and New Brighton Wireless CAD Agreement Page 5 of 12
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D. Ownershio
- 1) `I'he Customer Agency will own ali hazdwaze purchased by fhe Customer Agency
� for the wireless connectavity installed by the 3PFD on the�ustomer Agency
— laptops.
2) The SPFD wiIl be the licensee of all sofiware required for the Wireless Neiwork
and installed by the SPFD in the Customer Agency laptops.
E. Access. The SPFD cannot limit the Customer Agency's access to the Internet without
the Customer Agency's agreemettt, unless such limitation is necessary because of spam,
viruses, cloning, and other events that the SPFD deternunes may or will affect the
security or integrity of fhe Wireless Network.
II. Cusfomer Agency Responsibilities
The Customer Agency shall:
A.. Provide lapCOp computers meet the speciScations defined by SPFD and equipped with
Microsoft Windows XP Pro operating system, compatible with the software and
hardware used by SPFD far the Wireless Network. The hardware is to include any
needed mounts or modems for laptops, cables, antennas or any other equipment
specified by SPFD to instail laptops in the Customer Agency's emergency vehicles;
Purchase of Sprint wireless services and wireless modems specified by SPFD.
B. During the 14-Day Field Testing Period, the SPFD wi11 conect any Wireless Netwark
defects or deficiencies identified by the Customer Agency ar the SPFD; the Customer
Agency sha11 telephone the SPFD Helpdesk ttt 651-228-6267or email to
SPFDHelpCcr�ci.stpaul.mn.us upon identification of a defect or deficiency;
C. Acceptance: the Customer Agency sha11 accept the Services after the set-up of the initaal
test laptops, expirafion of the 14-Day Field Test Period and conection of defects and
deficiencies identified by the SPFD and the Customer Agency;
D. Prepare a scheduled plan for the replacement of Customer Agency laptops that will
maintain compatibality and functionallty with the soflware and hazdware used by the
SPFD in the operation of the Wireless Network. Failure to maintain the proper
compafibility of the laptops, including laptop operating system software will not
preclude the SPFD from upgrading the software or hardwaze as needed to maintain the
Wireless Netwark. The SPFD and the Customer Agency shall meet in good faith to
discuss the replacement plan. The SPFD reserves the right to terminate this Agreement if
the Customer Agency does not comply with the provisions of this paragraph;
JPA City and New Brighton W�eless CAD Agreement Page 6 of 12
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E. Should the Customer Agency decide to install additional softwaze on their laptops or -
alter tlie configuration of the laptops, it does so at its owu risk. The Customer Agency
must provide staff capable of providing support for the prepazation, instatlation,
maintenance and upgrades of the additional softwaze. The SPFD may test softwaze for
compatibility with the Wireless Network at the Customer Agency's request. The testing
will be chazged at a rate of $60lhour per employee required to complete the work. Such
festing may include actual instaliation of the softwaze on Customer Agency laptop(s) for
testing purposes. The Customer Agency agrees to maintain additional so�tware installed
on the laptops in a configuration compatible wlth the Wireless Neiwork. If at any tune
laptop configurations implemented by the Customer Agency, or at the request of the
Customer Agency, interferes with operation of the Wireless Network or if softwaze
conflicts develop between softwaze required for the successful use of the Wireless
Netwark and additional soflware instalied by the Customer Agency or at the request of
the Customer Agency, the SPFD will charge at the above rate to correct the problem.
Customer Agency technical staff must work with the SPFD as requested by the SPFD to
resolve the problem. Should the problem not be corrected within 5 working days the
Customer Agency agrees to remove the additional software so that the Wireless Network
will be restored to proper working order as determined by the SPFD. Should the SPFD
decide the software conflict is of severe enough detriment to the operation of the
Wireless Network, the SPFD may require immediate steps be taken to restore the
Wireless Network. These immediate steps may include the immediate removal or
disabling of the software or the temporary termination of Customer Agency connection
to the Wireless Network. Chazges incurred by the Customer Agency for these services
will be added to monthly charges billed to ihe Customer Agency. These chazges and all
payments to be made under this Agreement are due inespective of the SPFD's actions,
under this section, to take steps to restore the Wireless Network, remove or disable
softwaze, or cause tempozaty termination of Customer Agency connection to the
Wireless Network;
F. Once the training described in Section I.C.4) has been completed, the Customer Agency
will organize a train-the-trainer approach to developing local experts in the operation of
laptops used in the Wireless Network. The intent of this approach is that Customer
Agency employees wili be local e�erts serving as initial resources for Customer
Agency staff with questions on the basic operation of the laptops, CAD functions and
query functions;
G. The Customer Agency will provide Customer Agency staff to be the sole resource for
training, supervising and responding to questions on the operation of the Customer
Agency's SRA software application or any future applications or services installed by
the Customer Agency or at the Customer Agency's request, and that are not determined
by the SPFD to be essential for Services originally offered by the SPFD;
H. Customer Agency laptops requiring repairs under the purchase or lease warranty may be
bronght to SPFD for shipment to the laptop vendor. Once repairs aze made the laptop
wi11 be returned to SPFD for testing for connectivity to the wireless network. Customer
Agency will be contacted to pickup the laptop once testing is completed. Any shipping
charges will be the responsibility of the Customer Agency. If billed to SPFD the
shipping charges will be added to the monthly costs to Customer Agency.
JPA Ciry and New Brighton Wireless CAD Agreement Page 7 of 12
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I. Customer Agency laptops requiring repaixs not covered by the wananty will be The
responsibiliTy of the Customer Agency for shipment to the vendor or other repair service
and for direct payment o#'shipping and repa.irs. -
Any laptops sent by SPFD far repairs under the wanauty that aze deterniined by the
laptop vendor to require repairs not covered by the warranty will be referred to the
Customer Agency for direct contact with the vendor as to approval for non-warranty
repairs, payment of non-warranty repair and shipping costs.
III. Cost/Payment
A. One-time Payment: Upon signing of the Agreement and receipt of an invoice, the
Customer Agency will make a one-time payment to SPFD, which includes:
Software - NetMotion $130.00/Unit
McAfee Virus Scan Plus $40.00/Unit
Ghost 12.0 $70.00fUnit
Support — setup $80.00/LJnit
Trauung $40.00Nnit
Totai $360.00/Unit
B. Monthly Fee —Upon completion of all Initial Installation Services, successfui activation
of the wireless connecfion, and receipt of an invoice, the Customer Agency will pay the
SPFD a monthly maintenance and connecfivity fee ("Monthly Fee") of $45.00 per
activated laptop.
C. The Monthly Fee includes the Customer Agency's proportionate percentage of the
SPFD's costs for the following, shazed among all agencies using the wireless
connectivity, based on the number of activated units:
NetMotion Support/Maintenance $15.00 / Unit
Hazdware- State Internet $5.00 / Unit
Staff/Support/Helpdesk/Overhead/ $25.00 / Unit
Total $45.OQ ! Unit
D. Payments sha11 be made within tivrty days of receipt of an invoice. IIisputes and
calculation of interest are subject to the provisions of Minnesota Statutes §471.425.
JPA Ciry and New Brighton Wireless CAD Agreement Page 8 of 12
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E. The Monthly Fees set forth above shall remain in effect through Decembez 31, 2008. No
later fhan July 31, 2008, and by July 31 of each renewal year thereafter, the SPFD wili
notify the Customer Agency's Departmeat, in writing, of any increase ur t�e Mont�iy
Fees to be effective for the following calendaz year, and shall include with such
notification: 1) an explanafion and documentation of the reasons for the increase,
including, but not lunited to changes in the SPFD's personnel costs, including costs for
providing Helpdesk services, changes in the chazges by the wireless vendors, software
vendors or hardwaze vendors for their ptoducts or support and maintenance costs for
their products, or costs for maintaining the SPFD Computer Center; and 2) any change in
the Customer Agency's proportionate shaze.
IV. Warranty
A. Softwaze to be installed under this Agreement is subject to the warranty provisions of the
agreements between the SPFD and softwaze vendors.
B. The SPFD wanants that the Wireless Network shall perform in accordance with the
provisions of this Agreement and the specifications of the hardwaze and software
manufacturer's users manuals, and that the Services sha11 be performed in a prompt,
professional and workmanlike manner.
1) The SPFD agrees that if the Wireless Network fails to perform as specified in
Section IV.B. above, and said fai]ure is not due to any act or omission of Customer
Agency, the Monthly Fee described in Section III.B, ar the pro-rata chair of said
fee as appropriate for the length of said failure, shali be waived.
V. Designated Representatives
A. Contractual contacts - Each party has designated an individual to serve as a point of
contact for contractual issues. The designated individuals are:
SPFD
Title: Director of Fire Executive Services, John Swanson
Address: 100 E 11�' St., Saint Paul, MN 55101
Tel: 651-228-6256
E-mail: john.swanson@ci.stpaul.mn.us
Customer Agency
Title: Director of Public Safety, Bob Jacobson
Address: 785 Old Hwy 8 NW, New Brighton, MN 55112
Tel: 651-288-4101
E-mail: bob.jacobson@newbrightomm�.gov
JPA City and New Brighton Wireless CAD Ageement Page 9 of 12
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B. Technical Staff Contact - Each parry has designated an individual to serve as_a point of
contact far the party's technical staff in regazds to this Agreement. The designated
individuals are: -- -
SPk'D
Tide: Saint Paul Fire Department, System Support Specialist, Pete Kichler
Address: 100 E 11� St., St. Paul, MN 55101
Tel: Mon-Fri, daytime, 651-228-6267, St. Paul Fire Deparhnent Helpdesk;
E-mail: SPFDHel�na ci.stpaul.mn.us, Helndesk e-mail
Customer Agency
Title: Det. Gary Sykes, New Brighton Dept of Public Safety
Address: 785 Old Hwy 8 NW, New Brighton, MN 55112
Tel: 651-288-4113
E-mail: gary.sykes@newbrightomm�.gov
C. The above-idenfified individuals sha11 have the authority to transmit instrucfions, provide
required information, and assist in resolving any questions or issues that may arise. The
Customer Agency's contact shall also provide copies to the SPFD's contact of any
relevant policies, procedures, ar standards adopted by the Customer Agency's
Depamnent that may haue an nnpact on the manner in which SPFD IS stafF delivers the
requested service.
VI. Indemnification
Nothing in this Agreement sha11 constitute a waiver of the rights, privileges, and benefits that
each party is entifled to under Minnesota Statutes. Each party agrees that it will be responsible
for its own acts and(or omissions and those o£ its officials, employees, representatives, and
agents in carrying out the terms of this Agreement and the results thereof, to the extent
authorized by law and shall not be responsible for the acts and/ar omissions of the other party
and the results thereof. The liability and the monetary limits of liability of the parties, their
officials, employees, representatives, and agents shall be governed by provision of Minnesota
Statutes Chapter 466 and other applicable law.
VIL Data Practices
Nothing in this Agreement can be construed to be contrary to Minnesota Statutes, Chapter 13,
Minnesota Government Data Practices Act, and in particular Minn. Stat. §§ 13.05, subds. 6&
11 and 1337, subd. i(b). All ofthe data created, collected, received, stored, used, maintained,
or disseminated by the parties in perfomung functions under the Agreement is subject to the
requirements of Minnesota Government Data Practices Act and a11 parties must comply with
those requirements. If any provision in this Agreement is in conflict with the Minnesota
Government Data Practices Act, the Act will control.
JPA City and New Brighton Wireless CAD Agreement Page 10 of 12
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VIII. Teruil'Termination
� A. Term — This Agreement will be effective upon final execurion by both parties until the
end of 2008. Thereafter, this Agreement shall automatically be renewed for an_ __
addifional one-yeaz period unless either pariy gives the other pariy written notice of its
intent not to renew by November 1 of the then-current term. The term of this
Agreement, including all renewals, shall not exceed 4 years.
B. Temiination - Either pariy may tenninate this Agreement with or without cause. If
temlinafion is for cause, the party receiving the notice shall have 120 days to cure the
breach. Either par[y may also terminate this Agreement without cause upon a one year
written notice to the other party.
C. Should ternunation by the Customer Agency take effect during a time period for which
the SPFD has already paid license or maintenance fees, or for a time period for which
such fees are due and payable by the SPFD, for any softwaze purchased for use by the
Customer Agency by the SPFD, the Customer Agency wiil be liable for its portion of the
fees until the end of the term for which the 5PFD has paid the fees or for which such
fees aze due and payable by the SPFD, regardless of when the termination of this
Agreement takes effect.
VTIII. Conditions Outside Control of a Party.
No pariy to tius Agreement can be held responsible for condi6ons outside the control of the
party claiming its occurrence, which aze the direct result of force majeure which shall mean and
include acts of god; acts of public enemies; strikes or lockouts; enforceable governmental or
judiciai orders; outbreak of war or insurrecfion, or acts of terrorism; insurrections; riots; civil
disturbances; earthquakes, floods, fires; explosions or other similar catastrophes or events not
reasonably within the pariy's control.
X. Assignment
Neither parly to this Agreement shail assign, delegate or transfer any rights or obligations under
this Agreement without prior written consent from the other party.
XI. Amendments
Any amendment or modification to this Agreement shall be in writing and shall not be effective
until executed by both parties to this Agreement.
XII. Entire Agreement
This Agreement contains the entire agreement between the parties with regazd to the matters set
forth herein.
JPA City and New Brighton Wireless CAD Agreement Page I 1 of 12
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IN WITNESS WI-IEREOF, the City of Saint Paul and New Brighton have executed this Agreement on
the date last written below.
City of Saint Paul
Timothy M. Butler, Fire Chief
Cify ��£ New righton -
Ste e arson, Mayor
Director of Office of Technology & Cable
Director of Office of Financial Services
Approved as to form:
City Attomey
Christopher B. Coleman, Mayor
Dated:
Dean R. Lotter,
Approved as
Dated:
JPA City and New Brighton Wireless CAD Agreement Page 12 of 12