09-328Council File # Cf—���
Green Sheet # 3067609
PreseMed By:
RESOLUTION
PAUL, MINNESOTA
Referred To:
Committee: Dafe
�3
i RESOLVED, Ynat the proper City officials are hereby authorized and directed to execute a joint powers
2 agreement to extend the use of the City's Computer Aided Dispatch (CAD) system wireless capability to the City
3 of Maplewood, which includes an indemnification cfause, as provided by Saint Paul's Department of Fire
a and Safety Services; a copy of said agreement is to be kept on file and of record in the O�ce of Financial
5 Services.
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Adoption Certified by Council Secretary:
BY ��%s.ilisi�ii�ivsilsv
Approved by Mayor: Date�T��
BY��'�.�c'�s�l/ia�_ ,.��
Requested by Department of:
Fire & Safe Services
ey: ��"� ��
O�c of Technology & Cable
6y: ,
Approval Recommended by Director of Financial Services:
�
Adopted by Council: Date _ �/�S�d�
� Green Sheet Green Sheet
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Green Sheet Green Sheet Green Sheet Green Sheet
; DepartmenUOfficelCouncil: Date InitiaGed: ;
, FR -F«e o�MAR-o9 � Gre Sheet NO: 3067809
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�I Contact Person & PNone: � ' Department Sent To Person InitiaVDate
� Chief Tim Butler � y o�re
, 222-0477 , 1 Fire , AepartmentDarector � _ �
Must Be on Council Agentla by (Date):
�, Goc. Type: RESOLUTION
', E-Document Required: Y
�� Document Contact: ��� �Casse
��, CoMad Phone: 228E257
Assign
Number
Fur
Routing
Order
Toql # of Signature Pages _(Clip All Locations for Signature)
' MavorlAssistant
Council
City Clerk
Approval of the attached Council Resoluuon authorizing the Department of Fire and Safety Services to enter into a joint powers
agreement to extend the use of the City's Computer Aided Dispatch (CAD) system wireless capability to the City of Maplewood.
Recommendations: Approve (A) or Rejecl (R):
Planning Commission
CIB Committee
_ . Civil Service Commission
Personal5ervice Contracts Must Answer the Following Questions:
1. Has this personnttn ever worketl under a contract for this tleparfineot?
Yes No
2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normelly possessed by any
current ciry employee?
Yes No
Facplain all yes answers on separate sheet and attach 4o green sheet
Initiating Probiem, Issues, Opportuniry (1Nho, What, When, Where, Why):
The City of Maplewood wishes to have the capability of the CAD system and [he City of Saint Paul can extend the capability and
support to them to achieve operating efficiencies beriveen the cities.
Advantages lf Approved:
The Ciry of Saint Paul will be able [o shaze resources with the Ciry of Maplewood.
DisadvanWges 1f Approved:
None.
Disativantages if NotApproved:
The City of Saint Paul will not be able to share resources with the City of Maplewood.
Totai Amount of
Transaction:
Funding Source:
Financiai Information:
(Expiain)
CosURevenue Budgeted:
Aclivity Number.
���EIVE�
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March 6, 2009 3:38 PM Page 1
GS 3067609
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JOINT POWERS AGREEMENT
Between the City of Saint Paul and the City of Maplewood
Bor Wireless CAD System Access
This is an Agreement by and between the City of Saint Paul, (hereinafter referred to as the "City") a
Minnesota municipality, through the Saint Paul Fire Deparnnent (hereinafter referred to as the "SPFD")
and the City of Maplewood, (hereinafter referred to as the "Maplewood") a political subdivision of the
State of Minnesota. Through the Maplewood Fire Department (hereinafter referred to as the
"Customer Agency").
WHEREAS, The City and Maplewood, pursuant to the provisions of Minnesota 3tatutes §471.59, are
authorized to enter into an agreement to exercise jointly the governmental powezs and functions each
has andividually; and
WHEREAS, The City and Maplewood, pursuant to the grovisions of Minnesota Statutes §471.64, are
authorized to lease, sell, and buy materials between one another; and
WHEREAS, The City and Maplewood have entered into agreements for Maplewood to have the use of
a CAD system owned by the City ("City CAD System"); and
WHEREAS, The SPFD is currently utilizing a wireiess 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
WHEREAS, The Customer Agency wishes to also utilize the Wireless Network far connectivity
between 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 with Motorola, Sprint Wireless and State of
Minnesota for NetMotion and Internet connectivity, the SPFD has the authority to extend the use of the
Wireless Network serv3ces to other municipality Fire agencies; and
WHEREAS, The City and Maplewood have reached agzeement on the terms and conditions under
which the SPFD will extend its Wireless Network capabifity and the expertise of its Information
Systems staff to the Customer Agency to help both parties achieve operating efficiencies;
NOW, THEREFORE, IT IS HEREBY AGREED, by and between the parties as follows:
I. Scupe of Services
A. General Description of Services
The SPFD, pursuant to authority set forth in the Saint Paul City Charter, Saint Paul City
Codes and applicable State Statutes, shall provide the Customex Agency a connection to
the City CAD System, through a 1Vlessage Swltch to a Wireless Network System
("System") for use by the Customer Agency as described herein.
JPA City and Maplewood Wireless CAD Agreement
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B. Svstem Description
1} The System consists of a network of wireless connectivity between properly
equipped and configured laptop computers and the Message Switch (Motorola
Premier MDC Server software) operated by SPFD.
2) The System is supported by hardwaze such as servers, firewalls, and related
network equipment as required to support the network of wireless connectivity.
3) The fixnctionalifies of the System are to allow fire emergency vehicles to
wirelessly and without radio transmission receive dispatched calls for service
from the City CAD System; allow fire emergency vehicles to transmit their status
to the City CAD System; allow fire emergency vel�icle to fire emergency
vehacles 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 sezvices to be provided by the SPFD to the Customer
Agency under this Agreement are as follows:
1) Svstem Connecrivity
The �PFD sha11 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 allow the Customer Agency to perform the following functions
using the indicated software:
a) Motorola Premier MDC client software, version 5.17, which is the
CAD/wireless interface on Customer Agency laptops and allows query
functions and encrypts data;
b} NetMotion Mobality XE client software version 7.0, which compresses
and encrypts data and maintains wireless connectivity;
c) Sprint PCS Connection Manager ar 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 Intemet sites.
3) InitialImplementation
a) The Customer Agency �ri11 arrange for purchase of Sprint wireless
services and wireless modems. As a result, the costs for Sprint wireless
services will be included in the one-time payment and Monthly Fees to be
chazged 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) shall apply.
JPA City and Maplewood Wizeless CAD Agreement Page 2 of 12
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b) IS staffassigied to SPFD shall install and co�gure software, as
described in I.C.1} a}-d), on City of St. Paul servers located in the CAD
Computer Centez andlor on each Customer Agency provided laptop. Tkus
is in order to provide Wireless Network services. IS staff assia ed to
SPFD will install properly configured softwaze, on Customer Agency -
provided laptops at a mutually agreed upon location.
c) IS staff assigned to SPFD wi11 install a wireless modem on each
Customer Agency laptop. IS staff assigned to SPFD will install
connectors and antennae, if the connectors and antennae aze needed for
wireless services, on each Customer Agency laptop.
d) IS staff assigned to SPF`D 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 connectivity to the Wireless Network is ready for testing.
e) The Customer Agency shall have a 14-Day Field Test Period to test the
connectivity for up to 3 installed laptops; subsequent installation of
laptops will not be subject to any field test period and shail be treated as a
Continuing Service under this Agreement;
f� During the 14-Day Field Test Period, IS staff assigned to SPFD will
conect any System defects or deficiencies identified by the Customer
Agency; the Customer Agency shall telephone the SPFD Helpdesk at
651-228-6267 or email to SPPDHelp�a ci.st�aul.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 Fie1d Test Pexiod 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 Agencp
laptops to the Wireless Network. This service is not wSthin in the scope of
the Services under this Agreement.
i) Cannectivity of the laptops to the wireless service will take place on a
schedule to be mutually agreeable to the parties, provided that the initial
test laptops wi11 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 maximum number of all operational laptops will not exceed
20 units in total used by Customer Agency.
7PA City and Mapiewood Wiretess CAD Agreement Page 3 of 12
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4) Trainin�
a) The SPFD will provide instructors and initial irain the trainer type of
training for the Customer Agency. Customer A�ency should prepaze its
own trained personnel (local experts) for agency's ongoing CAD mobile
operational support.
b) The training shall take place at a mutually agreed upon location using
Customer Agency -provided laptops with the softwaze that the SPFD has
installed.
c) One training session shail be conducted for up to 8 individuals for a
period of two hours.
d) All training sessions shall be completed during the 14-Day Field Test
Period idenrified in Section I.C3}e).
5) 5vstem Support Services (Maintenance HPlpdesk Up rg adesl
The SPPD shall provide System maintenance, Helpdesk services and System
upgrades (collectively "Support Services") to the following degree and manner:
a} Maintain functionality of all SPFD- installed Wireless Network installed
software and the connectivity between the Customer Agency's laptops
. . and the Message Switch;
b) Assistance from the Helpdesk during regular business hours (8:00 a.m.-
4:00 p.m.), Monday- Friday, for problems with the System;
c) There will6e no On-call assistance from the Helpdesk staff for 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 wi11 periodically receive upgraded software or software
patches for the Wireless Network from vendors including updates or
softwaze patches to the supported operating systems. System software
upgrades or software patches will be implemented as upgrades and
patches become available from vendors and as the SPFD decides the
upgrades or patches aze suitable for the continued 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 for a
period of $me. The SPFD will pian instailaT3on of software upgrades
during a regular workweek and hours, in a manner so as to minimize the
disruption to the operation of the Wireiess Network;
JPA City and Maplewood Wireless CAD Agreement Page 4 of 12
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e) Periodically, the SPFD shall perform maintenance on or will replace or
repair hazdware required for the Wireless Network. The process far
replacing or repairing hardware may require that all or portions of the
Wireless Network be taken out of service for a period of tune. The SPFD
wi11 pian work on hazdware during a regulaz workweek and hours, in a
manner so as to minimize the disruption to the operation of the Wireless
Network;
fl The SPFD reserves the right to seiect and install software products
required to operate the Wireless Netwark other than the products
originally specified in this Agreement. Th3s may mean the SPFD will
change softwaze products, at its discretion based on cost, acceptable
software and service from vendors and compatibility with the Wireless
Network. Costs to the Customer Agency will not change without an
addendum to this Agreement or a new agreement;
g) The SPFD may, at its own discretion, select another vendor 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.
By the end of the b0 day period, the Customex Agency will arrange for
wireless services and wireless cards for laptops from the SPFD selected
vendor. The Customer Agency will also make arrangements.for billing to
the Customer Agency for these services and equipment. The SPFD will
make its selecuon of a wireless vendor based on their compatibility and
reliability with the Wi�eless Network, comparibility and reliability of
wireless vendor supplied hazdware such as modems, and costs and
support from the vendor. Should the vendar 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 bill to the Customer Agency the cost of the vendor wireless
services, cost of the 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 suppart by SPFD for Customer Agency laptop computers
installed with the Vista operatang 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 wi11 be
communicated in writing to the Customer Agency by the SPFD
Designated Representative.
6) The initial 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 Maplewood Wlreless CAD Aca'eement Page 5 of 12
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D. Ownership
1} The Customer Agency will own all hardware purchased by the Customer Agency
far the wireless connectivity installed by the SPFD on the Customer Agency
laptops.
Z) The SPFD will be the licensee of all softwaze required for the Wireless Network
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 agreement, untess such limitation is necessary because of spam,
viruses, cloning, and other events Chat the SPFD determines may or will affect the
security or integrity of the Wireless Netwark.
II. Customer Agency liesponsibilifies
The Customer Agency shall:
A.. Provide laptop computers meet the specifications defined by SPFD and equipped with
Microsoft Windows XP Pro operating system, compatible with the software and
hazdware used by SPFD for 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 install 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 will correct any Wireless Network
defects or deficiencies identified by the Customer Agency or the SPFD; the Customer
Agency shall telephone the SPFD Helpdesk at 651-228-6267or email to
SPFDHelp(a�ci,stpaul.mn.us upon identification of a defect ox deficiency;
C. Acceptance: the Cusiomer Agency shall accept the Services after the set-up of the initial
test laptops, expiration of the 14-Day Field Test Period and correction 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 compatibility and functionality with the software and hardware used by the
SPFD in the operation of the Wireless Network. Failure to maintain the proper
compatibility of the laptops, including laptop operating system software will not
preclude the SPFD from upb ading the software or hardware as needed to maintain the
Wireless Network. The SPFD and the Customex Agency shall meet in good faith to
d'ascuss the replacement plan. The SPFD reserves the right to terminate tkus Agreement if
the Customer Agency does not comply with the provisions of this paragraph;
JPA City and Maplewood Wireless 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 the configuration of the laptops, it does so at its own risk. The Customer Agency
must provide staff capable of providing support for the prepazation, installation
maintenance and upgrades of the additional software. The SPFD may test softwaze for
compatibility with the Wireless Network at the Customer Agency's request. The testing
witl be cl�arged at a rate of $60/hour per employee required to complete the work. Such
testing may include actual instaJlation of the software on Customer Agency laptop(s) for
testing purposes. The Customer Agency agrees to maintain additionat soflwaze installed
on the laptops in a configuration compatible with the Wireless Network. If at any time
laptop configurations implemented by the Customer Agency, or at the xequest of the
Customer Agency, interferes with operation of the Wireless Network or if software
conflicts develop between software required for the successful use of the Wireless
Network and additional softwaze installed by the Customer Agency ar at the request of
the Customer Agency, the SPFD wili 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 warking days the
Customer Agency agrees to remove the additional softwaze so that the Wireless Network
will be restored to proper working order as detennined 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. Charges incurred by the Customer Agency for these services
wi11 be added to monthly charges billed to the Customer Agency. These charges and all
payments to be made under this Agreement are due isrespective of the SPFD's actions,
under this section, to take steps to restore the Wareless Netcuark, remove or disable
software, or cause temporazy 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 deveioping local experts in the operation of
laptops used in the Wireless Network. The intent of this approach is that Customer
Agency employees will be local experts serving as initial resources for Customer
Agency staff with questions on the basic operation of the laptops, CAD fiznctions 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 repaixs under the purchase or lease warranty may be
brought to SPFD for shipment to the laptop vendor. Once repairs are made the laptop
will 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 City and Maplewood Wireless CAD Agreement Page 7 of 12
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L Customer Agency Iaptops requiring repairs not covered by the warranty will be the
responsibilify of the Customer Agency for shipment to the vendor or other repair service
and £or direct payment of shipping and repairs.
Any laptops sent by SPFD for repairs under the warranty that aze determined by the
laptop vendor to require repairs not covered by the warranty will be refened to the
Customer Agency for direct contact with the vendor as to approval for non-warranty
repairs, payment of non-wananty 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
McAfee Virus Scan Plus
Ghost 12.0
Support — setup
$650.00/5 units ($130.-/unit) Minimum � units
$40.00fUnit
$70.00/Unit
$80.00(tJnit
Total $320.00/[Tnit
B. Monthly Fee —Upon completion of all Initial Installation Services, successful activation
of the wireless connection, and receipt of an invoice, the Customer Agency will pay the
SPFD a monthiy maintenance and connectivity fee ("Monthly Fee") of $45.00 per
activated laptop.
C. The Monthly Fee includes the Customer Agency's proportionate percentage of the
SP�D's costs for the following, shared among all agencies using the wireless
connectavity, based on the number of activated units:
NetMotion Support/Maintenance $15.00 1 Unit
Hardware- State Internet $5.00 / Unit
Staff/Support(Helpdesk/Overhead/ $25.00 / Unit
Total $45.00 I LTnit
p. Payments shall be made within thirty days of receipt of an invoice. Disputes and
calculation of interest are subject to the provisions of M3nnesota Statutes §471.425.
JPA City and Maplewood W'ueless CAD Agreement Page 8 of 12
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E. The Monthly Fees set forth above shall remain in effect through December 31, 2009. No
later than 3uly 31, 2009, and by July 31 of each renewal year thereafter, the SPFD will
notify the Customer Agency's Department, in writing, of any increase in the Monthly
Fees to be effective for the following calendar yeaz, and sha11 include with such
notification: 1) an explanation and documentation of the reasons for the increase,
including, but not limited to changes in the SPFD's personnel costs, including costs for
pzoviding Helpdesk services changes in the charges by the wireless vendors, softwaze
vendors or hardware vendors for their products 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 share.
IV. Warranty
A. Softwaze to be installed undex this Agreement is subject to the warranty provisions of the
agreements between the SPFD and software vendars.
B. The SPFD warrants that the Wireless Network shall perform in accordance with the
provisions of this Agreement and the specifications of the hardware and software
manufacturer's usexs manuals, and that the Services shall be performed in a prompt,
professional and worlananfike manner.
1) The SPFD agrees that if the Wireless Netwark fails to perform as specified in
Section IV.B. above, and said failure is not due to anyact or omission of Customex
Agency, the Monthly Fee described in Section III.B, or the pro-rata chair of said
fee as appropriate for the length of said failure, shall 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
Tifle: Director of Fire Executive 5ervices, John Swanson
Address 100 E 11` St., Saint Paul, MN 55101
Tel: 651-228-6256
E-mai1: }ohnswanson@ci.stpaul.mn.us
Customer Agency
Title: Fire Chief Steve Lukin
Address: 1955 Clarance St. Maplewood MN. 55109
Tel: 651-249-2802
E-mail: Steve.lukin@ci.maplewood.mn.us
JPA City and Maplewood Wireless CAD Agreement Page 9 of 12
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B. Technical Staff Contact - Each party has designated an individual to serve as a point of
contact for the party's technical staff in regazds to this Ab eement. The designated
individuals are:
SPFD
Tifle: Saint Paul Fire Departrnent, System Support Specialist, Pete Kichler
Address: 100 E l l St., St. Paul, MN 55101
Tel: Mon-Fri, daytime, 651-228-6267, St. Paul Fire Department Helpdesk;
E-mail: SPFDHelp(cr�,ci.stpaul.mn.us, Helpdesk e-mail
Customer Agency
Title: Director IT Mychal Fowlds
Address: 1830 E. CO. B Maplewood MN. 55109
Tel: 651-249-2923
E-mail: Mychal.fowlds @ ci.maplewood.mn.us
C. The ahove-identified individuals shall have the authority to transmit instructions, 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, or standards adopted by the Customer Agency's
Department that may have an impact on the manner in which SPFD IS staff delivers the
requested service. -
VI. Indemnificafion
Nothing in this Agreement shall constitute a waiver of the rights, privileges, and benefits that
each party is entitled to under Minnesota Statutes, Each party agrees that it will be responsible
for its own acts andlor omissions and those of 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 sha11 not be responsible for the acts and/or omissions of the other party
and the results thereo£ The liability and the monetary limits of liability of the parties, their
o�cials, employees, representatives, and agents shall be governed by provision of Minnesota
5tatutes Chapter 466 and other applicable law.
VII. Data Practices
Nothing in thls Agreement can be conshued 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. 1(b). All of the data created, collected, received, stored, used, maintained,
or disseminated by the parties in pexforming functions under the Agreement is subject to the
requirements of Minnesota Government Data Practices Act and all parties must comply with
those requirements. If any provision in this Agreement is in conflict with the Minnesota
Government Data Practices Act, the Act wiil control.
JPA City and Maplewood Wireless CAD Agreement Page 10 of 12
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VIII. Te�wPPermination
A. Term — This Aa eement will be effective upon final execution by both parties until the
end of 2009. Thereafter, this Agreement shall automatically be renewed for an
additional one-year period unless either party gives the other party written notice of its
intent not to renew by November l of the then-current term. The term of this
Agreement, including all renewals, shall not exceed 4 years.
B. Termination - Either pariy may termfnate this A greement with or without cause. If
termination is for cause, the party receiving the notice shall have 120 days to cure the
breach. Eitl�er party may also ternunate this Aa eement without cause upon a one yeaz
written norice to the other party.
C. Should termination by the Customer Agency take effect during a time period for whach
the SPFD has already paid license or maintenance fees, ar far a time period for which
such fees aze due and payable by the SPFD, for any software purchased for use by the
Customer Agency by the SPPD, the Customer Agency will be liable for its portion of the
fees until the end of the term for which the SPFD has paid the fees or for which such
fees are due and payable by the SPFD, regardless of when the termination of this
Agreement takes effect.
VIIII. Conditions Outside Control of a Party.
No party tathis Agreement can be held responsible for conditions outside the control of the
party claiming its occurrence, which aze the direct result of £orce majeure which shall mean and
include acts of god; acts of public enemies; strikes or lockouts; enforceable governmental or
judicial orders; outbreak of war or insurrection, or acts of tenorism; insurrections; riots; civil
disturbances; earthquakes, floods, fires; explosions or other similar catastrophes or events not
reasonably witlun the party's control.
X, Assignment
Neither party to this Agreement sha11 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 regard to the matters set
forth herein.
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IN WITNESS WHEREOF, the City of Saint Paul and Maplewood have executed this Agreement on the
date ]ast written below.
City of Saint Paul
Timothy M. Butler, Fire Chief
Ci of plewood
Steven 7. Lukin Fire Chie£
Director of Office of Technology & Cable
Approved as to .
Airector of Office of Financial Services
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Diana Longrie, M o �
Approved as to form:
Dated: �� ����
City Attorney
Christopher B. Coleman, Mayor
Dated:
.TPA City and Maplewood Wireless CAD Ao eement Page 12 of 12