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HomeMy WebLinkAboutDec 11CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA December 11, 2013 A. CALL TO ORDER: B. ROLL CALL: LINDSTROM ____ HARRIS ____ GOSLINE ____ LONG ____ MERCER-TAYLOR ____ STAFF PRESENT: FISCHER ____ C. PRESENTATIONS: 1.Bulky Waste Project Report D. APPROVAL OF MINUTES: November 13, 2013 E. PUBLIC HEARINGS: 1.2014 Budget Presentation F. CONSENT AGENDA: 1.General Disbursements through 12/06/2013: $452,440.08 Payroll through 11/30/2013: $31,020.21 2.Approval of City Licenses 3.Appointment of Prosecuting Attorney 4.Appointment of City Attorney 5.Appointment of City Engineer 6.Appointment of City Auditor 7.Designation of Official Newspaper 8.2014 Cost of Living Adjustments 9.Agreement for Representation to the Board of Water Commissioners 10.Joint Powers Agreement with Ramsey County for New Voting System 11.CAD Agreement with Ramsey County 12.Approval of Contract with Element Materials Technology to Complete 2014-2018 CIP Soil Borings 13.Recognition of Adopt-A-Crop Participants 14.Fire Truck Contract 15.Annual TIF Transfer 16.Fire Contract with Lauderdale 17.Annual Budget Amendments 18.Appointment of Amino Mohamed to the Human Rights Commission 19.Appointment of Deborah Alexander to the Planning Commission 20.Appointment of David Murphy to the Planning Commission G: POLICY ITEMS: 1. Amended Rental License Ordinance H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue MINUTES November 13, 2013 A. CALL TO ORDER: 7:00PM B. ROLL CALL: LINDSTROM _X_ HARRIS _X_ GOSLINE _X_ LONG _X_ MERCER-TAYLOR _X_ STAFF PRESENT: FISCHER _X_ TESSER_X_ OLSON_X_ C. PRESENTATIONS: 1. Housing Resource Center Annual Report from Suzanne Snyder Suzanne Snyder presented an update on the services the Housing Resource Center provides to Falcon Heights residents. She also answered questions from the Council and provided the attached information. D. APPROVAL OF MINUTES: October 23, 2013 APPROVED E. PUBLIC HEARINGS: 1. F. CONSENT AGENDA: Chuck Long Moved, Approved 5-0 1. General Disbursements through 11/5/2013: $183,558.09 Payroll through 10/31/2013: $15,552.58 2. Approval of City Licenses 3. SCORE Grant Application Authorization 4. Budget Amendment to the Parks Program Special Revenue Fund 5. Lawful Gambling Permit for Falcon Heights Elementary PTA 6. Statutory Tort Limits Liability Coverage for City in 2014 7. Storm Sewer Cleaning Program 8. Appointment of Nathan Thorvilson to the Environment Commission 9. Appointment of Cari Lee to the Parks and Recreation Commission 10. 2014 Commission Appointments 11. Acceptance of U of M Good Neighbor Grant Award 12. 2014 Housing Resource Center Consultant Services Agreement 13. Fire Department Relief Association Bylaws Amendment 14. Worker’s Compensation Coverage for Mayor and City Council Members G: POLICY ITEMS: 1. Solar Energy Installations Ordinance Amendment Pam Harris Moved, Approved 5-0 Pam Harris and Beth Mercer-Taylor provided an update on the ordinance from the Planning and Environment Commissions. Council discussed the proposed changes. 2. Canvass Election Results Beth Mercer-Taylor Moved, Approved 5-0 Bart Fischer presented the election results and Council discussed the outcome. 3. Acceptance of Park Improvement Study Proposal Chuck Long Moved, Approved 5-0 Michelle Tesser presented the staff report and answered questions from Council. The RFP from WSB is attached. 4. Acceptance of Bond Bids for the 2014 Fire Truck Purchase Keith Gosline Moved, Approved 5-0 Nick Anhut from Ehlers and Associates presented information on the bond bids and answered questions from Council. He provided the attached sale report. Nick also presented Council with an award for receiving a AAA bond rating from Standard & Poor’s. That report is also attached. H. INFORMATION/ANNOUNCEMENTS: Council Member Beth Mercer-Taylor -Provided an update on a GreenStep Cities meeting she attended. Council Member Chuck Long -Provided an update on a visit he had with Falcon Heights Elementary 4th graders. Council Member Keith Gosline -Provided an update on NYFS activities. Mayor Peter Lindstrom -Provided an update on the Town Square Apartment Community Meeting held on 10/29/13. -Reminded everyone of the upcoming Sustainability Festival at Silverwood Park on 11/14/13 from 5:30-8:00PM. -Introduced students in the audience from the University of Minnesota and University of Northwestern – St. Paul. City Administrator Bart Fischer -Announced that the upcoming City Council meetings on 11/27/13 and 12/25/13 will be canceled. I. COMMUNITY FORUM: J. ADJOURNMENT: 8:23PM GMHC's Greater Metropolitan Housing Corporation is a nonprofit organization dedicated to improving and increasing affordable housing and assisting communities with housing revitalization. HousingResource Centers™ offer: LOW-COST HOME IMPROVEMENT LOANS DOWN PAYMENT ASSISTANCE PROGRAMS CONSTRUCTION MANAGEMENT SERVICES Programs vary depending on the community you live in. Whether you own a home and want to make improvements, or are purchasing a home and need help with a down payment, contact one of our HousingResource Centers™ today to learn more. Greater Metropolitan Housing Corporation LOW-COST HOME IMPROVEMENT LOANS DOWN PAYMENT ASSISTANCE PROGRAMS CONSTRUCTION MANAGEMENT SERVICES Contact Us If you live in the 7-County Metro Area, contact the HousingResource Center™ nearest you to learn more about our services. •North 2148-44th Avenue N. Minneapolis, MN 55412 Phone: 612-588-3033 Fax: 612-588-3028 •South 3749 Cedar Avenue S. Minneapolis, MN 55407 Phone: 612-722-7141 Fax: 612-722-6367 •North & East Metro 1170 Lepak Court Shoreview, MN 55126 Phone: 651-486-7401 Fax: 651-486-7424 REQUEST FOR COUNCIL ACTION The City That Soars! Item 2014 Budget Hearing and Adoption Description Each year the City Council is required to adopt a budget and tax levy to fund City operations. This action must be completed before the end of the year, and the adopted levy is then provided to Ramsey County so they can produce property tax statements for each parcel in the County. On September 11th , the City Council adopted a preliminary levy and established December 11th as the date at which the public would be given an opportunity to address the Council about the proposed budget and tax levy. Before the Council is a proposed property tax levy of $1,083,850 and a General Fund Budget of $1,779,118. The levy and budget with a comparison to 2013 is detailed below: 2013 Levy Proposed 2014 Levy % Increase (Decrease) Ad Valorem $1,008,302 $944,570 (6%) Debt Service $75,705 $139,280 46% Total $1,084,007 $1,083,850 0% 2013 General Fund Budget Proposed 2013 General Fund Budget % Increase $1,724,310 $1,779,118 3.1% The impact of this proposed levy on a median valued home, which in 2014 is assessed at $224,900, is estimated to result in a decrease of $46, or (-8.2%), in the City portion of the homeowner’s taxes. A full presentation with more details will be presented at the City Council meeting and will be available on the City’s website. In addition, attached to this report is the Meeting Date December 11, 2013 Agenda Item Public Hearing E1 Attachment Budget Introduction Letter Resolutions 13-35 and 13-36 Due to the size and cost of printing the 2014 Budget, the document is available on the City’s website: www.falconheights.org or at City Hall Submitted By Bart Fischer, City Administrator Families, Fields and Fair __________________________ budget cover letter which goes into more detail about specific budget line items, factors influencing the proposed budget, and historical information. Budget Impact This budget preserves the core functions of the City’s current operations and does not rely on a transfer from the Sanitary Sewer fund. Attachment(s) Budget Introduction Letter Resolutions 13-35 and 13-36 Due to the size and cost of printing the 2014 Budget, the document is available on the City’s website: www.falconheights.org and at City Hall. Action(s) Requested Staff recommends that the Falcon Heights City Council hold a public hearing and receive comment. Once the hearing is closed, staff recommends that the City Council adopt Resolution 13-35 regarding the 2014 tax levy and adopt Resolution 13- 36 regarding the 2014 City of Falcon Heights budgets. CITY OF FALCON HEIGHTS COUNCIL RESOLUTION December 11, 2013 No. 13-35 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION ADOPTING THE 2014 TAX LEVY BE IT RESOLVED that the City Council of the City of Falcon Heights authorizes the City to levy taxes in the amount of $1,083,850 for the year 2014; and BE IT FURTHER RESOLVED that the County Auditor should extend the tax levy in the amount of $1,083,850 for the year 2014. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom Mayor December 11, 2013 LINDSTROM _____ In Favor Attested by: _________________________ HARRIS Bart Fischer LONG City Administrator MERCER-TAYLOR December 11, 2013 GOSLINE _____ Against CITY OF FALCON HEIGHTS COUNCIL RESOLUTION December 11, 2013 No. 13-36 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION ADOPTING THE 2014 BUDGET BE IT RESOLVED by the City Council of the City of Falcon Heights that the General Fund Operating Budget for the year 2014 in the amount of $1,779,118 and other Fund Budgets as listed are adopted. Park Program Fund (201) $66,070 Community Garden (203) $1,000 Water Fund (204) $81,197 Emerald Ash Borer $72,000 Recycling Fund (206) $84,745 Community Development Fund (208) $4,640 Street Light Utility (209) $33,780 GO Equipment Cert. Series 2010A $74,040 GO Improvement Cert. Series 2013A (311) $11,340 GO Equipment Cert. Series 2013B (312) $10,857 General Capital Improvements (401) $13,150 Public Safety Capital (402) $25,950 Parks Recreation/Public Facilities Capital (403) $127,150 TIF District #1-3 (414) $191,650 Infrastructure Capital (419) $39,150 Capital Equipment 2010 A (424) $8,215 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom Mayor December 11, 2013 LINDSTROM ____ In Favor Attested by: _________________________ HARRIS Bart Fischer LONG City Administrator MERCER-TAYLOR December 11, 2013 GOSLINE ____ Against REQUEST FOR COUNCIL ACTION The City That Soars! Item General Disbursements and Payroll Description General Disbursements through 12/06/2013: $452,440.08 Payroll through 11/30/2013 $31,020.21 Budget Impact Attachment(s) General Disbursements and Payroll Action(s) Requested Staff recommends that the Falcon Heights City Council approve general disbursements and payroll. Meeting Date December 11, 2013 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted By Roland Olson, Finance Director Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item Approval of City Licenses Description The following individuals have applied for a Mechanical Contractor’s License for 2013. Staff has received the necessary documents for licensure. 1. NPS 2. McAlister Mechanical 3. Tonna Mechanical, Inc. 4. Appliance Connections, Inc. 5. Air Conditioning Associates, Inc. 6. Metro Sheet Metal, Inc. 7. Centraire Heating & Air Conditioning 8. Janecky Plumbing Service, Inc. The following individuals have applied for a Municipal Business License for 2014. Staff has received the necessary documents for licensure. 1. Cornerstone Construction Management, Inc. 2. Otto Law, P.A. 3. Hamline Hoyt Service, Inc. 4. John A. Knutson & Co., PLLP 5. Edward Jones The following individuals have applied for a Mechanical Contractor’s License for 2014. Staff has received the necessary documents for licensure. 1. Forced Air, Inc. DBA Wenzel Heating & A/C 2. The Snelling Company 3. Fireside Hearth & Home The following individuals have applied for a Refuse/Recycler’s License for 2014. Staff has received the necessary documents for licensure. 1. Waste Management of Minnesota, Inc. 2. Tennis Sanitation, LLC 3. Walters Recycling & Refuse 4. Allied Waste Systems 5. Aspen Waste Systems, Inc. 6. Advanced Disposal Meeting Date December 11, 2013 Agenda Item Consent F2 Attachment N/A Submitted By Michelle Tesser, Assistant to the City Administrator Families, Fields and Fair __________________________ The following individuals have applied for a Therapeutic Massage License for 2014. Staff has received the necessary documents for licensure. 1. Ferencz-Mihaly Vincze-Turceait 2. Cherilynn Arndt 3. Amy Christiansen, Massage by Amy The following individuals have applied for a Home Occupation License for 2014. Staff has received the necessary documents for licensure. 1. Amy Christiansen, Massage by Amy 2. The Touch-Up Artist, Inc. The following individual has applied for a Municipal Business, Retail Grocery, Cigarette, and Gasoline Station Operator Licenses for 2014. Staff has received the necessary documents for licensure. 1. Northern Tier Retail, LLC DBA Super America #4353 The following individual has applied for a General Contractor‘s License for 2014. Staff has received the necessary documents for licensure. 1. Asphalt Driveway Company The following individual has applied for a Tree Trimming/Treating/Removal Contractor’s License for 2014. Staff has received the necessary documents for licensure. 1. Bartlett Tree Experts The following individual has applied for a Bus Bench License for 2014. Staff has received the necessary documents for licensure. 1. U.S. Bench Corp. The following individuals have applied for a Restaurant and Liquor License for 2014. Staff has received the necessary documents for licensure. 1. XY Corporation DBA New Fresh Wok 2. Stout’s Pub, LLC 3. Dino’s Gyros The following individual has applied for a Municipal Business, Cigarette, and Liquor Licenses for 2014. Staff has received the necessary documents for licensure. 1. Merwin Liquors Budget Impact N/A Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council approve the 2013 and 2014 City License Applications. REQUEST FOR COUNCIL ACTION The City That Soars! Item Designation of 2014 Prosecuting Attorney Description Each year the City of Falcon Heights designates a prosecuting attorney. This person works closely with the St. Anthony Police Department and City Staff in prosecuting all misdemeanor and felony level offenses as well as Ordinance Violations. For several years our prosecuting attorney has been Katrina Joseph. She also serves as the attorney for the City of Lauderdale. Budget Impact The monthly retainer will not change and has been included in the 2014 operating budget. Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council approve Katrina Joseph and the law firm of Hughes and Costello as the City’s prosecuting attorneys for 2014. Meeting Date December 11, 2013 Agenda Item Consent F3 Attachment N/A Submitted By Bart Fischer, City Administrator Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item Appointment of City Attorney Description Falcon Heights has used the law firm of Campbell Knutson, P.A. for Civil Attorney services for many years. Roger Knutson is the main contact, but the City uses various attorneys in the firm for our daily needs. Budget Impact Funds have been allocated in the 2014 Budget. Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council approve the law firm of Campbell Knutson, P.A. for civil legal services for 2014. Meeting Date December 11, 2013 Agenda Item Consent F4 Attachment N/A Submitted By Bart Fischer, City Administrator Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item Appointment of City Engineer Description For several years the City has contracted with the City of Roseville for engineering services. Staff is seeking to continue this relationship and appoint Roseville’s new City Engineer, Marc Culver, as the City Engineer for 2014. Budget Impact Funds have been allocated in the 2014 Budget. Attachment(s) N/A Action(s) Requested Staff recommends the approval of Marc Culver and the City of Roseville Engineering Department as City of Falcon Heights’ Engineer for 2014. Meeting Date December 11, 2013 Agenda Item Consent F5 Attachment N/A Submitted By Bart Fischer, City Administrator Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item Appointment of City Auditor Description Each year the City is required to have an independent firm audit our financial records. For the past several years, we have used Kern-DeWenter-Viere as our auditors, and we have been very satisfied with their services. Budget Impact Funds have been allocated in the 2014 Budget. Attachment(s) Action(s) Requested Staff recommends the approval of KDV, Kern-DeWenter-Viere, as the City Auditor for 2014. Meeting Date December 11, 2013 Agenda Item Consent F6 Attachment N/A Submitted By Bart Fischer, City Administrator Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item Designation of Official Newspaper Description State statute requires that a city designate a legal newspaper of general circulation in the city. This newspaper is used when the city is required to publish legal notification regarding public hearings, elections and city financial matters. There are two local papers that service Falcon Heights: the Park Bugle and the Roseville Review. Staff recommends that the City designate the Roseville Review as its legal newspaper in 2014 for the following reasons. •The Roseville Review circulates to most households in Falcon Heights. •The Roseville Review is a weekly publication. A monthly publication such as The Park Bugle would not suit the City’s needs, as the City Council meets twice a month and legal notices must be published on a more timely schedule. Budget Impact Funds have been allocated in the 2014 Budget for any costs associated with public notices. Attachment(s) N/A Action(s) Requested Designate the Roseville Review as the City’s legal newspaper for 2014. Meeting Date December 11, 2013 Agenda Item Consent F7 Attachment N/A Submitted By Bart Fischer, City Administrator Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item 2014 Cost of Living Adjustments (COLA) Description As part of the 2014 Budget process, employee salaries are adjusted based on various factors, one of which is a cost-of-living adjustment (COLA). Incorporated into the approved 2014 budget is a 2% increase for all employees including the City Administrator. Budget Impact The 2% COLA is incorporated into the approved 2014 Budget. Attachment(s) Action(s) Requested Staff recommends that the Falcon Heights City Council approve a 2% cost of living adjustment for all city employees for 2014 as reflected in the approved 2014 Budget. Meeting Date December 11, 2013 Agenda Item Consent F8 Attachment N/A Submitted By Bart Fischer, City Administrator Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Description Agreement for Suburban Representation Selection Process to the Board of Water Commissioners Background A number of years ago, the Saint Paul Charter Commission and Saint Paul City Council authorized that the composition and governance of the Board of Water Commissioners be enlarged and changed so as to allow for representation by suburban municipalities that contract with the Board for the provision of water services. Presently, the Board consists of 7 members—3 St. Paul City Councilmembers, 2 at large St. Paul citizen members and 2 representatives of the suburban municipalities (Maplewood, West St. Paul, Falcon Heights and Lauderdale) that contract for water services. An agreement among the cities of Maplewood, West St. Paul, Falcon Heights and Lauderdale is in place and expires the end of 2013. This agreement addresses the representation and selection of the 2 suburban seats. Because of the expiration of the agreement, the cities met to discuss extending the agreement another 10 years and any changes to it. The City of Maplewood requested that for the duration of this new 10 year agreement, they be allowed one of the 2 seats on the Board. This is due to the fact that they have a number of very large infrastructure projects they need to take on in the next 10 years that will involve St. Paul Water. It was agreed by all of the communities that this was a reasonable request. The new rotation for the 2nd seat will be: -West St. Paul (2014-2016) -Lauderdale (2017-2019) -Falcon Heights (2020-2023) Because Falcon Heights’ representation was just ending on the last 10 year agreement (ending in 2013), we will not have direct representation until 2020 but will still have 4 years of representation as in the previous agreement. Staff is fine with this rotation as it has been past practice to appoint city representatives from Maplewood and/or West St. Paul who have done a good job of representing all of Meeting Date December 11, 2013 Agenda Item Consent F9 Attachment Agreement for Suburban Representation Selection Process to the Board of Water Commissioners Submitted By Bart Fischer, City Administrator Families, Fields and Fair __________________________ the cities as a whole. This also provides for continuity on the Board. In addition, we have a good working relationship with the staff, elected officials and appointed representatives of the Board from the other 3 communities and feel if something arises that needs attention, we would have support from them on the Board. The City Attorney has reviewed this agreement and staff recommends approval of the agreement. Budget Impact N/A Attachment(s) Agreement for Suburban Representation Selection Process to the Board of Water Commissioners Action(s) Requested Approval of the Agreement for Suburban Representation Selection Process to the Board of Water Commissioners and authorizing the Mayor, City Administrator and any other appropriate staff to sign the agreement. AGREEMENT FOR SUBURBAN REPRESENTATION SELECTION PROCESS TO THE BOARD OF WATER COMMISSIONERS This agreement, made and entered into as of this day of ________________ 2013, by and between the Cities of Falcon Heights, Lauderdale, Maplewood, and West St. Paul, municipal corporations under the laws of Minnesota (hereinafter referred to as "Suburban Cities"). WITNESSETH: WHEREAS, the Board of Water Commissioners (hereinafter referred to as the "Board"), is a municipal corporation organized under the 1885 Laws of the State of Minnesota, Chapter 110, which laws originally provided for a five (5) member governing commission; and WHEREAS, the Saint Paul Charter Commission and Saint Paul City Council have authorized that the composition and governance of the Board of Water Commissioners be enlarged and changed so as to allow for representation by suburban municipalities that have contracted with the Board for the provision of water services, as more fully explained in Saint Paul City Council Resolution No. 96-1365, which is attached hereto as Exhibit "A"; and WHEREAS, prior to January 1, 1998, the Board of Water Commissioners consisted of five total members: three (3) Saint Paul City Council members appointed to two (2) year terms by the Mayor of Saint Paul, and two (2) at-large Saint Paul citizen members appointed to four (4) year terms by the Mayor of Saint Paul; and WHEREAS, in a contract with the City of Maplewood for the provision of water services, Maplewood and the Board agreed to enlarge Board membership to six total members with the additional member representing the City of Maplewood, as more fully explained in the following (Article I, Section 3): 1 In accordance with the terms of the proposed amendment to the Saint Paul City Charter the Maplewood representative on the Board of Water Commissioners will be a resident of the City of Maplewood appointed by the Mayor and City Council of Maplewood and who shall serve for a term of four (4) years. The appointment by Maplewood will be made by January 1, 1998. In the event of a tie vote on any issue, the Mayor of Saint Paul shall be considered an ex officio member of the Board with the right to vote to break the tie vote; and WHEREAS, in Article 1, Section 4 of the same Maplewood Agreement, the Board agreed to seek to enlarge the Board membership to seven total members in the event that other suburban cities enter into similar agreements with the Board, as more fully explained in the following: In the event that at least three (3) additional suburban cities enter into agreements with the Board that are similar to this Maplewood Agreement, Water Board membership will be expanded to seven (7) members. The two (2) non-Saint Paul resident members will thereafter represent all of the suburban cities, including Maplewood. In the event that the total of residential accounts plus commercial and industrial accounts (excluding auto-fire accounts) of communities outside the City of Saint Paul and served by agreements similar to this Agreement exceed forty-three percent (43%) of the total Board's accounts, the number of Saint Paul appointees will be changed to four and suburban representation to three; and WHEREAS, the Cities of Falcon Heights, Lauderdale and West St. Paul have executed agreements similar to the Maplewood Agreement, and therefore are entitled to seek and expand Board membership to a total of seven members in order to increase the suburban representation on the Board; and WHEREAS, the parties to this Agreement are desirous of jointly and cooperatively developing a plan to select the present and future suburban representatives 2 to the Board of Water Commissioners; and WHEREAS, the parties have previously entered into a ten year agreement for representation on the Board, said agreement dated September 16, 2002; and WHEREAS, the parties now wish to extend for an additional ten year period said agreement with new terms for representation. NOW, THEREFORE, the parties hereto do hereby jointly agree to the following: SECTION I. GENERAL PURPOSE It is the general purpose of the parties to this agreement to jointly and cooperatively develop a plan to appoint the original suburban representative(s) to the Board of Water Commissioner and to select replacement representative(s) for appointment following the term expiration(s) of the original representative(s) or in the event that a suburban representative is unable to complete a term, SECTION II. SELECTION OF SUBURBAN REPRENTATIVES TO THE BOARD OF WATER COMMISSIONERS The parties agree that the two suburban representatives shall be selected on the following basis and according to the following terms: 1.The two suburban seats shall be designated as Seat A and Seat B. 2.The City of Maplewood shall appoint a representative to the Board, designated as Seat A, and said appointee shall serve as desired by the Maplewood City Council throughout the term of this agreement. 3 3.The second suburban representative shall be designated as Seat B, and shall consist of two three -year terms and one four-year term with the first term commencing January 1, 2014 and ending December 31, 2016. Representation on Seat B shall be rotated among the suburban representatives in the following order: a)West St. Paul (2014 – 2016) b)Lauderdale (2017 – 2019) c)Falcon Heights (2020 – 2023) 4.The parties agree that in the event an additional suburban community enters into a Water Service Agreement similar to those agreements executed by and between the Board and the cities of Falcon Heights, Lauderdale, Maplewood and West St. Paul, that this agreement may be amended to include any such additional communities, which communities shall be subject to the same terms and conditions as the original communities. Maplewood hereby acknowledges that should additional cities join, Seat A may not remain an exclusive seat for Maplewood. 5.Vacancies - the parties agree that a vacancy on the Board of Seat B shall be filled by the City currently holding the appointment and shall be for the period remaining in the three year term. 6.Duration -the parties agree that the term of this Agreement shall continue until December 31, 2023, unless otherwise amended as provided herein. 7.Amendment - the parties agree that this agreement may be amended upon such terms and conditions as may be mutually agreed to in writing by all of the suburban communities currently represented on the Board of Water Commissioners at the time of amendment. 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their behalf respectively as of the day and year first above written. FORM APPROVED: BY: City Attorney BY: City Attorney BY: City Attorney BY: City Attorney CITY OF FALCON HEIGHTS BY: Mayor BY: City Administrator CITY OF LAUDERDALE BY: Mayor BY: City Administrator CITY OF MAPLEWOOD BY: Mayor BY: City Manager CITY OF WEST ST. PAUL BY: Mayor BY: City Manager 5 REQUEST FOR COUNCIL ACTION The City That Soars! Description Joint Power Agreement with Ramsey County for New Voting System Acquisition and Operation Background Over the past year, Ramsey County has been looking at and researching the need for a new voting system. The current system is at least 15 years old. Throughout this process, the County has kept cities involved and informed including providing draft budget numbers which staff has included in upcoming budget projections. With the purchase of the new voting system, a joint powers agreement between Ramsey County and the cities within Ramsey County needs to be approved. Staff and attorneys from a number of Ramsey County cities, including Falcon Heights, have reviewed the agreement and are recommending approval. Budget Impact The city portion of the new voting system has been included in draft and future budgets and budget projections. Attachment(s) Joint Power Agreement for New Voting System Acquisition and Operation Action(s) Requested Approval of the Joint Powers Agreement for New Voting System Acquisition and Operation with Ramsey County and authorizing the Mayor, City Administrator and any other appropriate staff to sign the agreement. Meeting Date December 11, 2013 Agenda Item Consent F10 Attachment Joint Power Agreement for New Voting System Acquisition and Operation Submitted By Bart Fischer, City Administrator Families, Fields and Fair __________________________ Joint Powers Agreement for New Voting System – 2013 Page 1 of 19 JOINT POWERS AGREEMENT FOR NEW VOTING SYSTEM ACQUISITION AND OPERATION This Agreement is made by and between Ramsey County, through the Ramsey County Elections Office (hereinafter “County”), and the cities of Arden Hills, Falcon Heights, Gem Lake, Lauderdale, Little Canada, Maplewood, Mounds View, New Brighton, North Oaks, North St. Paul, Roseville, St Anthony, St. Paul, Shoreview, Vadnais Heights, and White Bear Lake and White Bear Township (collectively referred to as the "Municipalities"). WHEREAS, the County and the Municipalities (“Parties”) are "governmental units" as defined in Minn. Stat. §471.59; and WHEREAS, pursuant to Minn. Stat. §471.59, the Parties, through actions of their governing bodies, are authorized to enter into a joint powers agreement for the exercise of commonly held or similar powers; and WHEREAS, the Parties entered into a Joint Powers Agreement in 2001 for the purchase and operation of a new voting system, with a ten year term and automatic two year extensions; and WHEREAS, pursuant to the provisions of the 2001 Joint Powers Agreement, the County prepares ballots and compiles election results for all state, federal, county, municipal and school district elections for the Municipalities; and WHEREAS, efficient ballot preparation and the timely compilation of election results depend upon the use of a uniform voting system throughout the County, and the use of a uniform voting system for all elections enhances election judge and voter understanding of the voting process and helps to provide equitable treatment for all voters, regardless of the type of election; and WHEREAS, Congress mandated the use of an assistive ballot marking device in all polling places and in- person absentee voting locations for use by voters with disabilities, through enactment of the Help America Vote Act of 2002 (“HAVA”); and WHEREAS, the Minnesota Legislature mandated the central counting of all absentee ballots under uniform state laws and procedures in Laws of Minnesota 2010, Chapter 194, effective in 2010; and WHEREAS, the Parties have reached agreement on 1) the need to replace the existing voting system and to implement a new voting system throughout the County in time for use for the 2014 state elections; and 2)the funding formula for the new voting system; and WHEREAS, state funds for the acquisition and operation of voting systems originating from grants received by the County under the Help America Vote Act must be expended by the County no later than March 31, 2014, or be returned to the State of Minnesota; NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the parties agree as follows: Joint Powers Agreement for New Voting System – 2013 Page 2 of 19 I. PURPOSE The purpose of this Joint Powers Agreement is to establish and describe the roles and responsibilities of the County and the Municipalities in connection with the acquisition, implementation, and operation of a new voting system for use throughout Ramsey County (“Project”), including equipment that will be owned and operated by the County and equipment that will be owned and operated by the Municipalities. II.COUNTY ROLES AND RESPONSIBILITIES-SYSTEM IMPLEMENTATION A.General The County will provide the services, materials, and equipment necessary to procure and implement a replacement voting system ("System") in Ramsey County, including software, hardware, materials, ballot printing, and other services as further described in this Agreement. Services may be provided directly by County staff or by outside vendors, as determined by the County. B. System Description 1.The System will have the following functionalities: •The capability to create ballot styles for each precinct based on the appropriate contests and candidates and to generate ballots by either creating a print file that may be sent to a vendor or by printing ballots in the County offices; •The capability to program memory devices for each precinct for an election that will, when inserted into a ballot counter or ballot marking device, properly record the votes on ballots cast in that precinct, reject ballots that are not from that precinct or which do not have the proper validation marks, return to the voter ballots which contain an overvote or a crossover vote, and perform all other actions required by the Minnesota election law; •The capability to count absentee ballots at a central location in the County or at one or more Municipalities, at the option of each of the Municipalities, and to generate reports noting the number of absentee ballots counted for each precinct; •The capability to accumulate votes on ballot counters located in each precinct on election day, at other locations prior to election day, and from absentee ballot counting centers, to protect voted ballots in a sealed ballot box; to generate paper tapes of election results for review and certification by election judges; and to electronically upload or transmit election results to the County; and •The capability to compile election results from electronically transmitted files from each precinct through use of the memory device which recorded votes from the precinct and/or from the election results tape; to create an Joint Powers Agreement for New Voting System – 2013 Page 3 of 19 election results database that may be used for displaying results on the County website; and to generate needed reports for certification of election results. 2.The System must be certified by the Minnesota Secretary of State in accordance with the provisions of Minn. Stat. §206.57, subd. 1 and Minnesota Rules chapter 8220. C. System Equipment The County will purchase System hardware and software (collectively referred to as the "System Equipment") as initially needed for use of the System by the County and the Municipalities. The System Equipment to be purchased by the County for implementation of the System under the terms of this Agreement is listed as the System Equipment Costs – Total in the System Equipment List, attached hereto and made a part of this Agreement as Appendix A. D. Implementation Services 1.The County will provide services, including training, related to the implementation of the System by the County and the Municipalities, as described in Appendix B-Implementation Services, attached hereto and made a part of this Agreement. 2.The County will provide implementation project management services through a Project Manager. Joe Mansky, or his designee, shall serve as Project Manager for the County. 3.The goal is to have the System implemented and ready for use by the County and the Municipalities in time for the 2014 state primary. At the discretion of the County, the implementation of the System may be delayed for initial use at the 2015 city and school district elections. III.COUNTY ROLES AND RESPONSIBILITIES-POST IMPLEMENTATION OPERATING SERVICES A.General Following System implementation, the County will perform the duties described in Sections III. B. through E. (collectively, “Operating Services”) either directly by County staff or by outside vendors, as determined by the County. B. System Administration The County will: 1.maintain all licenses and agreements from the vendor(s) necessary to operate the System; Joint Powers Agreement for New Voting System – 2013 Page 4 of 19 2.obtain and implement all required software updates needed to operate the System in compliance with the requirements of the Minnesota election law; 3.perform diagnostic testing of ballot counters and ballot marking devices to ensure the proper functioning of all equipment; 4.provide election programming needed to generate ballots and program memory devices that allow the ballot counters to correctly record votes; and 5.accumulate and report election results cast on the ballot counters for all elections. C. Warranty Services 1.Warranty services will be provided by the System vendor(s) in accordance with the warranty provisions contained in the contracts between the County and the System vendor(s). 2.The County shall obtain and enforce all System warranties, including warranties on equipment owned by the Municipalities paid for under the terms of this Agreement. All requests for warranty services shall be made by the Municipalities to the County. 3.The warranties for components of the host computer system shall continue to be substantially those offered by the original equipment manufacturers. D. Post-Warranty Maintenance Services Maintenance services will be provided following expiration of the warranty period(s) in accordance with the provisions of the maintenance agreement(s) between the County and the System vendor(s). 1.Prior to expiration of the System manufacturers’ warranties, the County, in consultation with the Municipalities, will decide whether System maintenance services will be provided on a fixed price or a time and materials basis. The County's decision shall be binding on all of the Municipalities and shall apply to all System hardware and software, whether housed at the County or the Municipalities, including backups. 2.The County will enter into a contract with the System vendor(s) for System maintenance services to be provided directly to the County and to the Municipalities. The County may, in consultation with the Municipalities, provide some or all maintenance services directly. The County will manage the provision of maintenance services for the Municipalities. 3.Maintenance services shall include, at minimum, the following: a.Preventative Maintenance: inspect and clean all ballot counters and ballot counting devices, including the read heads, printers, motors and other related components. Joint Powers Agreement for New Voting System – 2013 Page 5 of 19 b.Repairs: make basic repairs to ballot counters and ballot marking devices as needed; the County will maintain or obtain spare parts for this purpose. c.Equipment Replacement: replace ballot counters, ballot marking devices and related hardware and components on an as needed basis in the case of complete or un-repairable equipment failure. E. Ongoing Services 1.The County will provide the Municipalities with a set of test ballots (also known as the test deck) and pre-audited test results for each precinct in every election. 2.The County will provide ballot layout, printing and memory device programming as follows: a.Ballot layout – no cost to Municipalities for all elections b.Ballot printing 1)State and county elections – no cost to Municipalities 2)Other elections – printing cost attributable to Municipal and/or School District offices and questions paid by Municipalities and/or School Districts using cost formula provided by the Secretary of State c.Memory device programming – no cost to Municipalities for all elections 3.The County will provide each Municipality with the hardware and software necessary to administer absentee voting for all elections. Each Municipality will have the choice of one of the following options: a.make arrangements for the County to accept/reject, process and count all the absentee ballots for the Municipality; b.accept/reject its own absentee ballots and make arrangements for the County to process and count the absentee ballots for the Municipality; c.accept/reject, process and count its own absentee ballots. 4.The County will provide the Municipalities with the County’s costs for options 3. a.and b. (above) no later than 24 weeks before the first election for which the System will be used and no later than 16 weeks before the date established in state law to begin absentee voting in subsequent years. Each Municipality shall inform the County in writing of its initial choice no later than 20 weeks before the first election for which the System will be used. Each Municipality shall notify the County in writing of any changes desired for its choice in subsequent years no later than 12 weeks before the date established in state law to begin absentee voting for a primary in a given year. The County will allocate the costs Joint Powers Agreement for New Voting System – 2013 Page 6 of 19 for providing absentee voting services to the Municipalities as illustrated in the Appendix C spreadsheet, attached hereto and made a part of this Agreement. 5.The County will provide inspection and replacement of consumable supplies. 6.Election day technical support for the System will be provided by the voting system vendor (up to three days per election), as required by the County. a.Programming and system administration operations b.Ballot counter operations c.Ballot marking device operations 7.Subject to approval by the County, during the term of this Agreement including any extensions, the County shall lease or purchase ballot counters, ballot marking devices, and other hardware and software in addition to those listed in Appendix A, on written request from a Municipality. Payment to the County by the requesting Municipality shall be made within thirty (30) calendar days from the date of the invoice from the County following delivery of the hardware and/or software to the requesting Municipality. 8.During the term of this Agreement including any extensions, the County may lease or purchase any additional hardware and software that is necessary for the System to comply with the provisions of the Minnesota Election Law or that the County deems necessary to meet demand from the voters. IV.ROLES AND RESPONSIBILITIES OF THE MUNICIPALITIES A. Implementation 1.The individual who administers elections for the Municipality shall serve as the Municipality’s project implementation liaison with the County. Each Municipality shall provide the name and contact information for the liaison within ten (10) calendar days of final execution of this Agreement. 2.Within thirty (30) calendar days of execution of this Agreement, each Municipality shall notify the County in writing of its plans for payment of the acquisition costs of the ballot counters, ballot marking devices and any other administrative equipment ("Equipment Costs"). Each Municipality may choose from one of the following payment options: a) a one-time reimbursement of costs or b) reimbursement of costs over two or more years, not to exceed a maximum of five years. A Municipality may not revoke its decision at any time after notice has been given to the County. B. Post-Implementation/Ongoing 1.The Municipalities shall verify that ballots and memory devices tested by the County function accurately in the ballot counters and ballot marking devices that will be used in each election. If a Municipality identifies an error, the County Joint Powers Agreement for New Voting System – 2013 Page 7 of 19 shall correct the error within ten (10) calendar days of notification of the error, if practicable. 2.The Municipalities shall also perform all public accuracy testing provided by law for each election and may request the County’s assistance in conducting these tests, at no charge. 3.The Municipalities may not lease or purchase any additional hardware and software during the term of this Agreement or any extensions without the prior approval of the County. 4.Each of the Municipalities shall lease or purchase at least one ballot counter, a ballot marking device, and a ballot box for each precinct in the Municipality. C. Payment Each of the Municipalities is responsible for payment in accordance with the provisions of this Agreement. V. OWNERSHIP/SOFTWARE LICENSE A. The County will initially own all System Equipment. B. Upon payment in full to the County in accordance with the terms of this Agreement, each of the Municipalities will own the ballot counters, ballot marking devices, and related equipment that were originally purchased by the County under this Agreement; this provision shall not apply to equipment leased by the County. The County will maintain ownership of backup ballot counters and ballot marking devices, the central count ballot counters and any precinct ballot counters that are needed for counting absentee ballots, the memory devices for all ballot counters and ballot marking devices, and the computer hardware and software needed to operate and administer the System. C. The County is the sole Licensee of the System software and the Municipalities are users. VI.WARRANTY The County makes no representations and extends no warranties with respect to the use of the System and specifically disclaims all other warranties, express or implied, including but not limited to any implied warranty or merchantability or fitness for a particular purpose. VII.SYSTEM IMPLEMENTATION FUNDING A.The County will provide initial financing for the costs of acquisition, installation, and implementation of the System ("Implementation Costs"). B. As part of the initial financing of the Implementation Costs, the County will apply state grant funds received under the Help America Vote Act and required County matching funds as a setoff against the Implementation Costs. Joint Powers Agreement for New Voting System – 2013 Page 8 of 19 C. The Municipalities will provide the funds to reimburse the County for the System Equipment identified as the responsibility of the Municipalities in Appendix A. VIII.COST ALLOCATION/PAYMENT A.Cost Allocation-Implementation Costs 1.Each of the Municipalities will reimburse the County for the cost of the number of ballot counters, ballot boxes, and ballot marking devices required by that Municipality in accordance with the pricing in Appendix A. A list of the estimated number of ballot counters, ballot boxes, and ballot marking devices for each of the Municipalities and the percentage of the total cost for ballot counters and ballot marking devices to be paid by each of the Municipalities is listed in Appendix C. The total number and each Municipality’s percentage of ballot counters and ballot marking devices may be adjusted throughout the term of this Agreement including any extensions. 2.For those Municipalities that have elected to pay for the ballot counters, ballot boxes, and ballot marking devices over time, the total amount to be paid will include their proportionate share of any financing costs incurred by the County for the purchase, installation and implementation of the System Equipment, which financing costs will be shared among those Municipalities that have elected to pay over a period from two to five years. B. Cost Allocation-Post-Implementation/Operating Services 1.There will be no charge to the Municipalities for ballot layout for all elections, ballot printing for State and county elections or for memory device programming. 2.The Municipalities will pay the County’s costs for Operating Services on an annual basis. 3.The cost of Operating Services will be calculated to include costs for the items listed in Section III.B.-E. of this Agreement and, until repaid in full, the Implementation Costs described in Section VIII.A.2. 4.Except as identified as the responsibility of a Party to this Agreement, annual costs for Operating Services will be allocated as follows: a.using the percentage of the total number of ballot counters requested by the Municipality as a proportion of the total number of ballot counters requested by all Municipalities for 80%, and using the percentage of the total number of absentee ballots accepted by each Municipality during the three most recent state general elections as a proportion of the total number of absentee ballots accepted in the County for 20%. b.The allocation will take into account any changes in the number of ballot counters requested by each of the Municipalities and/or the total number of ballot counters. Joint Powers Agreement for New Voting System – 2013 Page 9 of 19 C. Payments 1.The County shall invoice a Municipality after the initial delivery of County- tested ballot counters, ballot boxes, and ballot marking devices to the Municipality. If a Municipality will pay over a period of 2-5 years, the County will invoice the Municipality its appropriate annual sum along with the invoice for annual operating costs. Payment shall be made within thirty (30) calendar days of the date of the invoice. 2.On or about June 1 of each calendar year during the term of this Agreement including any extensions, the County will invoice the Municipalities for their share of Operating Costs for the next calendar year. The total amount of the invoices will be calculated based on the actual Operating Costs incurred by the County in the previous calendar year, with adjustments made to account for increases or decreases in anticipated operating costs. The Municipalities shall make payment to the County within thirty (30) calendar days of the date of the invoice. 3.If the County provides maintenance services through the System vendor on a time and materials basis, a Municipality that requires maintenance services will contact the County for the services and the County will contact the vendor. The requesting Municipality will be invoiced directly by the vendor, and will be individually responsible for the cost of the services received, with no right to reimbursement from the County. 4.If requested by a Municipality, the County shall invoice the School District(s) to pay a proportion of the Municipalities’ annual cost for Operating Services using either: a) the cost-sharing methodology provided in the Minnesota Election Law; or b) another methodology developed by the County, in consultation with the Municipalities. The County will invoice the School District(s) for their proportion of the costs and payments will be made directly by the School District(s) to the County. 5.Payment of interest and disputes shall be governed by the provisions of Minn. Stat. § 471.425. D. Proceeds from sale or lease of old equipment The County shall determine if any existing voting equipment, including but not limited to ballot counters, ballot marking devices and related hardware will be sold or leased in conjunction with the purchase of the System. The County shall apply the proceeds of any sale or lease of existing voting equipment, including but not limited to ballot counters and ballot marking devices, toward the Municipalities’ payment of Implementation Costs or Post-Implementation Costs. Joint Powers Agreement for New Voting System – 2013 Page 10 of 19 IX.PROJECT SCHEDULE A Preliminary Project Schedule is attached hereto and made a part of this Agreement as Appendix D. The County may change the schedule set forth in Appendix D as appropriate based on changes in funding sources or the needs of the County. X. TERM A. The term of this Agreement is for a fourteen-year period from the date of final execution by all parties (“Initial Term”), unless earlier terminated pursuant to the provisions of this Agreement. B. This Agreement shall be automatically extended for successive two-year terms (“Renewal Terms”), upon the same or better terms, conditions and covenants, unless a majority of the Municipalities or the County gives notice of their/its intent not to extend at least 180 days prior to expiration of the Initial Term or the then-current Renewal Term. XI.ANNUAL REVIEW PROCESS At least once a year during the term of this Agreement, including any extensions, the County will convene a meeting of elections officials from the Municipalities to review the elections process and System operations. XII.INDEMNIFICATION AND INSURANCE A Each party agrees that it will be responsible for its own acts and the acts of its employees, elected officials, and agents as they relate to this Agreement and for any liability resulting therefrom, to the extent authorized by law, and shall not be responsible for the acts of the other parties or their employees, elected officials, and agents, or for any liability resulting therefrom. Each party’s liability shall be governed and limited by the Municipal Tort Claims Act, Minn. Stat. Chapter 466 and other applicable law. B. Each Party agrees to defend, indemnify and hold harmless the other Parties, their employees, elected officials, and agents from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorneys fees, resulting directly or indirectly from any act or omission of the indemnifying party, its employees, elected officials, or agents, in the performance or failure to perform its obligations under this Agreement. Nothing herein shall be deemed a waiver by any Party of its limitations on liability, defenses or immunities under Minnesota Statutes, Chapter 466, or other state or federal law. C. Each Party warrants that it is able to comply with the aforementioned indemnity requirements through commercial insurance or a self-funding program. D. Each of the Parties shall insure the full replacement value of all System equipment stored on the Party's site. Joint Powers Agreement for New Voting System – 2013 Page 11 of 19 E. All insurance policies or self-insurance certificates shall be open to inspection by the other Parties and copies of the policies or certificates of self-insurance shall be submitted to a Party upon written request. XIII.RECORDS Subject to the provisions of Section XIV., each Party agrees that the other Parties, the State Auditor, or any of their duly authorized representatives shall, at any time during normal business hours, and as often as they may reasonably deem necessary, have access to and the right to examine, audit, excerpt and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of governmental entities and which involve transactions relating to this Agreement. XIV.DATA PRACTICES The Parties shall comply with the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, or any other applicable state statutes, any state rules adopted to implement the Act and statutes, as well as federal statutes and regulations on data privacy. XV.NONASSIGNMENT No Party shall assign, subcontract, transfer or pledge this Agreement and/or services to be performed herein. XVI.USE OF VOTING SYSTEM The County shall only implement and support a single, uniform voting system throughout the County that must be used in every election conducted in the County. Each Municipality must use the ballot counters, ballot boxes and ballot marking devices provided in this Agreement for all elections conducted in the Municipality. XVII.TERMINATION A.This Agreement shall terminate upon unanimous consent of the Parties as evidenced by a written resolution of the governing body of each Party or when necessitated by operation of law or as a result of a decision by a court of competent jurisdiction. B. Effect of termination. Termination shall not discharge any liability incurred by any of the Parties during the term of this Agreement including any extensions prior to the effective date of termination. Each Party shall be liable for its own acts to the extent provided by law. XVIII.PROPERTY DISPOSITION A.Upon termination of this Agreement, ownership remains as stated in Article V. Joint Powers Agreement for New Voting System – 2013 Page 12 of 19 B. Upon termination, a Municipality will be given the option to make full payment for the ballot counters, ballot boxes, and ballot marking devices for which it has made partial payment. Such payment must be made within thirty (30) calendar days of the date of receipt of the notice of termination from the County. C. If the Parties reach consensus on the need to replace the System, the Parties will negotiate a new agreement, which shall include the disposition of the System Equipment, whether owned by the County or the Municipalities. XIX.NOTICE A.All notices, reports or demands given or made by a Party under the terms of this Agreement or any statute or ordinance shall be in writing and shall be sent registered or certified mail. B. All notices, reports or demands shall be sent to the representative designated in writing by the Party. If none has been designated, notice to the Party's chief elected official shall be deemed adequate. XX.ENTIRE AGREEMENT/ALTERATION A.It is understood and agreed that the entire agreement between the Parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the Parties relating to the subject matter hereof. B. 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 the Parties hereto. C. The parties may execute separate copies of any amendment to this Agreement and the signature pages will be part of the original. XXI.VOTING SYSTEMS ADVISORY COMMITTEE The County shall establish a Voting Systems Advisory Committee (“Committee”) to facilitate the administration of the System. Any Party to this Agreement may request to become a member of the Committee. Approximately ten years following final execution of this Agreement, or at such earlier time as the Parties may agree, the Committee shall begin planning for the acquisition of a successor voting system. XXII.SEPARATE EXECUTIONS/EFFECTIVE DATE Each of the Municipalities may sign a separate signature page and all of the signature pages taken together will constitute the original contract and will be as effective as if all of the signatures were on the same page. This Agreement shall be effective as to a Party upon execution by an authorized representative of that Party. Joint Powers Agreement for New Voting System – 2013 Page 13 of 19 Wherefore, the Parties have executed this Agreement as of the last date written below. COUNTY OF RAMSEY By: ______________________________ Rafael Ortega, Chair Board of Commissioners By: ______________________________ Bonnie Jackelen, Chief Clerk Board of Commissioners Date: _____________________________ Approval Recommended: _________________________________ Mark Oswald, Director Department of Property Records and Revenue Approved as to form and insurance: _________________________________ Assistant County Attorney Joint Powers Agreement for New Voting System – 2013 Page 14 of 19 NAME OF MUNICIPALITY: By: ______________________________ Its: ______________________________ By: ______________________________ Its: ______________________________ Date: _____________________________ Joint Powers Agreement for New Voting System – 2013 Page 15 of 19 Appendix A System Equipment List Note: prices are estimates pending the selection of a specific voting system 1.Voting and administrative equipment - County Unit Total Quantity Description Price Price 18 Backup ballot counters $4,043 $72,774 18 Ballot counters for absentee voting $4,043 $72,774 36 Ballot boxes $382 $13,752 18 Backup accessible ballot marking devices $4,550 $81,900 828 Memory devices $66 $54,648 5 Central count ballot counters for absentee voting $26,030 $130,150 2 Ballot on demand printers $8,960 $17,920 1 Operating software $137,976 $137,976 1 Staff training – hardware and software operations $140,000 $140,000 Freight and delivery (estimate) $20,000 $20,000 Subtotal for Equipment Costs - County $741,849 2.Voting equipment – Municipalities 171 Ballot counters for polling places$4,043 $691,353 171 Ballot boxes$382 $65,322 171 Accessible ballot marking devices for polling places $4,550$778,050 Subtotal for Equipment Costs – Cities $1,534,725 System Equipment Costs - Total $2,276,574 Joint Powers Agreement for New Voting System – 2013 Page 16 of 19 Appendix B Implementation Services The County will provide, either directly or through a contracted vendor, as determined by the County, the Implementation Services shown below. The information provided below is tentative, pending the selection of a System vendor(s). Training and instructional materials 1.Training for Municipal elections officials and staff a.Operation of the ballot counter b.Operation of the ballot marking device c.Processing and counting absentee ballots (where applicable) 2.Training for election judges a.Operation of the ballot counter b.Operation of the ballot marking device 3.Development of training and informational materials - printed a.Ballot counter operations guide and quick start guide b.Ballot marking device operations guide and quick start guide c.Opening and closing the polling place d.Providing instructions to voters 4.Development of training and informational materials for County website a.Election judge training video b.Public information videos Joint Powers Agreement for New Voting System – 2013 Page 17 of 19 Appendix C Spreadsheet (included as a separate attachment) Joint Powers Agreement for New Voting System – 2013 Page 18 of 19 Appendix D Preliminary Project Schedule (Dates are tentative) 2013 Oct 25 Complete city approval of joint powers agreement Dec 3 County board approval of joint powers agreement Dec 30 Publication of request for proposals for voting system 2014 Jan 15 Pre-bid conference for vendors submitting proposals Jan 31 Closing date for proposals from vendors for voting system Feb 11 Complete scoring proposals submitted by vendors Feb 14 Task force recommendation to county board Feb 25 County board approval of new voting system acquisition Mar 10 Publication of RFP for ballot printing 2014-2015 Mar 17 Place order with vendor for new voting system Apr 7-11 Software training for county staff Apr 21-25 Hardware training for county staff May 2 Complete delivery of new voting system components May 20 First day to file for office May 23 Complete check-in and preliminary testing of voting system components May 28-30 Simulated election with new voting equipment May 30 Complete training and informational materials for use of voting system Jun 16-20 Hands-on training for city elections staff Jun 27 Begin absentee voting Jul 7-Aug 1 Hands-on training for election judges serving at the state primary Aug 12 State primary Joint Powers Agreement for New Voting System – 2013 Page 19 of 19 Oct 6-24 Hands-on training for election judges not serving at the state primary Nov 4 State general election Nov 17 Post-election review of voting system REQUEST FOR COUNCIL ACTION The City That Soars! Description Adoption of a new Computer Aided Dispatch (CAD) agreement with Ramsey County. Background Over the past few years, Ramsey County has been looking at and researching the need for a new CAD system. The current system is coming to the end of its useful life and is becoming antiquated with other public safety systems and software throughout the County. Throughout this process, the County has kept cities involved and informed. With the purchase of a new CAD system, an agreement between Ramsey County and the cities within Ramsey County needs to be approved. Public Safety Staff (John Ohl and Clem Kurhajetz), Administration Staff and the City Attorney have reviewed the agreement and are recommending approval. Budget Impact Costs associated with the new CAD system integration with current public safety systems and software has been accounted for in future budgets and budget projections. Attachment(s) CAD and Mobile Data Agreement Among Ramsey County and Members Action(s) Requested Approval of the CAD and Mobile Data Agreement Among Ramsey County and Members and authorizing the Mayor, City Administrator and any other appropriate staff to sign the agreement. Meeting Date December 11, 2013 Agenda Item Consent F11 Attachment CAD and Mobile Data Agreement Among Ramsey County and Members Submitted By Bart Fischer, City Administrator Families, Fields and Fair __________________________ CAD and Mobile Data Agreement Among Ramsey County and Members This is an agreement between the County of Ramsey, a political subdivision of the State of Minnesota, through the Emergency Communications Department, 388 13th Street, Saint Paul, MN 55101 (“County”) and the City of Falcon Heights, 2077 Larpenteur Ave W, St Paul, MN 55113 (a “Member”). WHEREAS, All public safety agencies in Ramsey County currently use a Computer Aided Dispatch (“CAD”) System owned by the City of Saint Paul; and WHEREAS, The County operates the Ramsey County Emergency Communications Center (“ECC”); and WHEREAS, The County has Dispatch Joint Powers Agreements in place with the Members to provide dispatch services that will expire on December 31, 2016; and WHEREAS, Due to the CAD System nearing the end of its life cycle, the County issued a Request for Proposals (“RFP”) for an integrated public safety CAD/Mobile system (“System”), to be owned by the County and used County-wide by the ECC, the White Bear Lake Emergency Communications Center (“WBLECC”), and numerous Law Enforcement and Fire/EMS agencies across the County; and WHEREAS, The County anticipates that implementation of the System will occur in 2015; and WHEREAS, The parties to this Agreement hereby agree as follows: 1.Purpose: The purpose of this CAD and Mobile Data Agreement (“Agreement”) is to establish parameters for the provision of Computer-Aided Dispatch and Mobile Data services (“CAD Services”) by the County to the Members, and to delineate the terms and conditions under which the County will provide these CAD Services. All Parties agree to work cooperatively to fulfill the terms and purpose of this Agreement. 2.Definitions For purposes of this Agreement, the following terms have the indicated meanings: 2.1 Additional Member means any Governmental Unit that signs this Agreement with the County on or after January 1, 2015. 2.2 Agreement means this CAD and Mobile Data Agreement among Ramsey County and Members, as may be amended from time to time. 2.3 AVL/Automatic Vehicle Location System means a combination of hardware and services that can detect the near-real time location of a vehicle and send that information to the CAD System so it can be displayed on a map. 2.4 CAD/Computer-Aided Dispatch or Dispatching is a computer-based system that allows persons in a dispatch center to create and update records of calls for service and to easily view and understand the status of all units being dispatched. CAD CAD and Mobile Data Agreement Ramsey County and User Members Page 1 of 48 provides displays and tools so the dispatcher can handle calls-for-service as efficiently as possible. 2.5 CAD System means the combination of hardware, software and services the County utilizes to provide CAD System functionality to Members as described in the System Purchase Agreement Between TriTech Software Systems and Ramsey County, MN, dated July 12, 2013 (pursuant to Ramsey County Board Resolution 2012-313), incorporated herein in its entirety and made a part of this Agreement by reference. The County owns the CAD System hardware and software. 2.6 CAD System Vendor means one or more entities from whom the County procures the CAD System. 2.7 County means Ramsey County. 2.8 Department means the Ramsey County Department of Emergency Communications. 2.9 Director means the Director of the Ramsey County Department of Emergency Communications, who reports to and serves at the pleasure of the County Manager. 2.10 Emergency Communications Center/ECC means the location from which the County provides dispatching services for police, fire, emergency medical services, and other public safety functions. 2.11 Governmental Unit means, for purposes of this Agreement, the definition set forth in Minnesota Statutes §471.59. 2.12 Initial Member means any Governmental Unit that signs this Agreement with the County before January 1, 2015. 2.13 Member means either an Initial Member or an Additional Member. 2.14 Mobile Data System means the combination of hardware, software, and services used by the County to facilitate Members’ use of the System on mobile devices. 2.15 Operational Contact means a person and an alternate person representing a Member who will receive technical notifications and provide technical coordination between that Member and the County. 2.16 Party means the County or any Member. 2.17 Qualified Committee/Subcommittee Member means an individual sitting as a named Committee or Subcommittee member and not legally disqualified. Qualified members may be represented by designees where provided by this Agreement. 2.18 Recovery Time Objective means the duration of time within which a business process must be restored after a disaster or disruption in order to avoid unacceptable consequences. 2.19 System means the combined CAD System, Mobile Data System, AVL System and Fire Alerting System. 2.20 System Investment Fund means a budget fund to pay for equipment replacement and make ongoing investments in the System. CAD and Mobile Data Agreement Ramsey County and User Members Page 2 of 48 2.21 System Manager means the Ramsey County employee who is responsible for management of the System and who reports to the Director. 2.22 System Replacement Fund means a budget fund for eventual replacement of the System. 2.23 System User means an individual or agency of a Governmental Unit that is authorized to utilize the System. 2.24 Year means one calendar year. 3.Membership 3.1 Only a Governmental Unit (“Entity”) that is a party to an agreement with the County for Dispatch Services (“Dispatch Agreement”) and is within the boundary of Ramsey County may become a Member under this Agreement. 3.2 An Entity that is not an Initial Member may become an Additional Member using the following process: 3.2.1 The Entity submits to the Chair of the CAD Policy Committee a resolution of the Entity’s governing body approving the submission of a request to become a Member under the terms and conditions of this Agreement. 3.2.2 The CAD Policy Committee reviews the request in consultation with appropriate County staff (which may include ECC staff, Attorney(s) and/or Administration staff), and takes action on such request within 120 days of receipt of the request. 3.2.3 Upon approval of membership by the CAD Policy Committee, the requesting Entity and the County execute a duplicate of this Agreement, or the version of this Agreement then in effect for all Members. 3.2.4 Within 60 days of Agreement execution, the Additional Member pays an initial one-time fee to cover licensing and other startup costs as described in section 8. Cost/Payment. 3.3 Upon final execution of this Agreement and receipt of the initial one-time fee, the Entity shall become an Additional Member and shall have all of the rights and responsibilities of a Member as set forth in this Agreement. 4.Governance 4.1 CAD Policy Committee 4.1.1 The CAD Policy Committee is hereby created with the duties, powers, and responsibilities as set forth in this Agreement. 4.1.2 The CAD Policy Committee (“Committee”) shall be comprised of the members of the Dispatch Policy Committee as identified in section 4.02 of the 2005 Joint Powers Agreement Between Ramsey County and the City of Saint Paul for Consolidated Dispatch Operations (“Dispatch JPA”), an excerpt of which is attached hereto and made part of this agreement as Exhibit 1, CAD and Mobile Data Agreement Ramsey County and User Members Page 3 of 48 and the Officers of the Dispatch Policy Committee shall serve as the Officers of the CAD Policy Committee. 4.1.3 The CAD Policy Committee Officers shall have the duties, powers and responsibilities set forth in this Agreement. 4.1.4 Officers 4.1.4.1 The duties of the Chair shall be as follows: 4.1.4.1.1 approve the agenda for Committee meetings, with the input and assistance of the Director and other Committee members; 4.1.4.1.2 preside at Committee meetings; 4.1.4.1.3 sign all official documents as authorized by the Committee; 4.1.4.1.4 make reports, directly or through a designee, to the Committee and the Ramsey County Board as required or deemed appropriate; and 4.1.4.1.5 perform such other duties as are incident to the office and properly expected by the Committee. 4.1.4.2 The duties of the Vice Chair shall be as follows: 4.1.4.2.1 in the absence of the Chair, to perform the duties of the Chair; and 4.1.4.2.2 to perform such duties as may be requested by the Chair. 4.1.4.3 The Director shall serve as executive secretary to the Committee and shall provide all correspondence, reporting, and recordkeeping functions for the Committee, consistent with Minnesota Statutes Chapter 13 and statutory retention laws. 4.1.5 Powers and Authority of the CAD Policy Committee 4.1.5.1 The Committee shall assist the County in reviewing and evaluating the performance of the System to ensure that the service meets the needs and expectations of the Members and System Users. 4.1.5.2 The Committee shall make recommendations to the County Manager, the Director and the System Manager concerning the facilitation of public safety services through use of the System. 4.1.5.3 The Committee shall periodically review operations and make recommendations to the Director on the operations, standards, and budget for the System. 4.1.5.4 The Committee shall serve as an appeals body as provided in this Agreement. CAD and Mobile Data Agreement Ramsey County and User Members Page 4 of 48 4.1.5.5 The Committee shall review the proposed annual budget prepared by the Director, and after any agreed-upon modifications, make a recommendation to the County Board to approve the budget. 4.1.5.6 The Committee will approve fund balance goals for the System Investment Fund every two years. 4.1.5.7 The Committee may report issues regarding the performance of the Director to the County Manager. The County Manager will work with the Director in an expeditious manner to resolve any concerns raised by the Committee. 4.1.6 Meetings and Voting 4.1.6.1 The Committee shall meet at least quarterly during the first year this Agreement is in effect. Thereafter, the Committee members shall determine the frequency of regular meetings. In addition, a special meeting may be called by the Chair. 4.1.6.2 Each Party and each representative on the Committee shall be responsible for complying with requirements of State statutes relating to open meetings. 4.1.6.3 Each Committee member may cast one vote. 4.1.6.4 Committee members may not appoint proxies or designees. 4.1.6.5 A decision of the Committee requires a quorum and approval by a majority of the Committee members present. 4.1.6.6 A quorum of the Committee means one half of the Qualified Committee Members plus one. 4.1.6.7 At its first meeting, the Committee shall adopt a process for resolving tie votes. 4.1.7 Unless earlier dissolved by mutual written agreement of all of the then- current Members, the CAD Policy Committee will continue to operate for the duration of this Agreement. 4.2 CAD Command Subcommittee 4.2.1 A CAD Command Subcommittee (“Subcommittee”) shall be formed, to be comprised of one Chief or Command level person from each of the following System Users: 4.2.1.1 The Ramsey County Sheriff’s Office; 4.2.1.2 If Saint Paul signs this Agreement, Saint Paul Police and Saint Paul Fire; 4.2.1.3 If Maplewood signs this Agreement, Maplewood Police and Maplewood Fire; CAD and Mobile Data Agreement Ramsey County and User Members Page 5 of 48 4.2.1.4 For other System Users, one suburban fire department and one suburban police department. 4.2.2 CAD Command Subcommittee Membership, Voting, and Meetings. 4.2.2.1 The System Users identified in this Agreement as members of the Subcommittee shall each select their own representatives except that the suburban fire department representative (other than Maplewood) will be selected annually by the Ramsey County Fire Chiefs Association and the suburban police department representative (other than Maplewood) will be selected annually by the Ramsey County Chiefs of Police. 4.2.2.2 The Subcommittee members shall select a Chair and a Vice Chair at its first meeting. 4.2.2.3 The Subcommittee will meet quarterly or at such other intervals as determined by the Subcommittee members. 4.2.2.4 Voting representation on the CAD Command Subcommittee shall be as follows: 4.2.2.4.1 The City of Saint Paul Fire Chief (or designee) shall have two (2) votes 4.2.2.4.2 The City of Saint Paul Police Chief (or designee) shall have two (2) votes 4.2.2.4.3 The Ramsey County Sheriff’s Office (or designee) shall have one (1) vote 4.2.2.4.4 The City of Maplewood Fire Chief (or designee) shall have one (1) vote 4.2.2.4.5 The City of Maplewood Police Chief (or designee) shall have one (1) vote 4.2.2.4.6 The remaining suburban Fire agencies shall be represented by one Fire Chief (or designee) to be selected by those agencies. That representative shall have one (1) vote. 4.2.2.4.7 The remaining suburban Police agencies shall be represented by one Police Chief (or designee) to be selected by those agencies. That representative shall have one (1) vote. 4.2.2.5 A decision of the Subcommittee requires a quorum and approval by a majority of the Subcommittee members present. 4.2.2.6 A quorum of the Subcommittee means one half of the Qualified Subcommittee Members plus one. 4.2.2.7 Subcommittee members may appoint designees. CAD and Mobile Data Agreement Ramsey County and User Members Page 6 of 48 4.2.3 CAD Command Subcommittee roles and responsibilities: 4.2.3.1 Provide System User input to the System Manager into the process of developing protocols and standards for the System. 4.2.3.2 Provide a forum for the exchange of ideas between System staff and System Users for the purpose of improving service, reviewing critical incidents, and resolving complaints. 4.2.3.3 Provide input to the CAD Policy Committee as to the overall performance of the System in serving the needs of the System Users. 4.2.3.4 Review the Director’s proposed CAD budget and make recommendations to the CAD Policy Committee. CAD Command Subcommittee members may invite Member finance staff to budget meetings. 4.2.3.5 Review and approve System and security standards as those standards may change over time. See section 10. 4.2.4 Issues that cannot be resolved by the Subcommittee shall be referred to the CAD Policy Committee. 4.3 CAD Operations Groups (Law Enforcement and Fire/EMS) 4.3.1 Membership: these groups consist of end user representatives, with technical personnel invited as needed: 4.3.1.1 The Law Enforcement Operations Group shall be comprised of one police officer, deputy, or supervisor from each law enforcement agency served by the System. 4.3.1.2 The Fire/EMS Operations Group shall be comprised of one firefighter, emergency medical responder, or supervisor from each fire and EMS agency served by the System. 4.3.2 Roles and responsibilities: The Operations Groups bring forward, document, discuss and attempt to resolve technical and operational matters. These Groups provide advice and recommendations regarding technical and operational issues to the CAD Command Subcommittee. 4.4 Conducting business (for all committees, subcommittees and operations groups) 4.4.1 There will be a Charter for each group. 4.4.2 There will be written minutes of each meeting. CAD and Mobile Data Agreement Ramsey County and User Members Page 7 of 48 5.System Operation: Responsibilities of the Parties 5.1 General/Overview 5.1.1 The County will own and operate the System, as defined in this Agreement, for the use and benefit of the Members. This section delineates the responsibilities of the County and the Members for the procurement and operation of hardware, software, and services necessary for the System. 5.1.2 The County and the Members will ensure that their equipment used to access and use the System meets standard specifications established by the CAD System Vendor, and that equipment is in good working order, software is up-to-date and services are managed to meet agreed-upon service levels. 5.1.3 In order to meet the requirements of 5.1.2, the County and the Members will develop and implement refresh cycles for equipment and budget for needed software upgrades, maintenance and services. 5.1.4 The County will ensure that its CAD operations are sufficiently resourced and budgeted to fulfill the terms of this Agreement. 5.1.5 All Parties to this Agreement will make internal practices, books, and records available for audit as authorized or required by this Agreement and applicable law. 5.1.6 All Parties to this Agreement will work cooperatively to address audit findings. 5.2 CAD System 5.2.1 The CAD System provides functionality such as call input, call dispatching, call status maintenance, base map, event notes, field unit status and tracking, and call resolution and disposition. 5.2.2 County Responsibilities. The County is responsible for procuring and maintaining the following CAD System hardware, software, and related services: 5.2.2.1 Computing hardware, platform and systems capable of running the CAD server and client software per the CAD System Vendor’s standard specifications for the version in use. 5.2.2.2 CAD System firmware updates. 5.2.2.3 Operating system (OS) software that runs on the CAD computing hardware, and appropriate licensing for the OS software. 5.2.2.4 Centralized CAD software applications that run on the computing platform (server software). 5.2.2.5 Applications that are licensed to the County as part of the System. 5.2.2.6 Licenses to use the CAD software at dispatch stations/consoles, and the ongoing maintenance of that software. CAD and Mobile Data Agreement Ramsey County and User Members Page 8 of 48 5.2.2.7 Loading of the CAD software at dispatch stations/consoles. 5.2.2.8 Display and input devices at the ECC and Disaster Recovery (“DR”) sites. 5.2.2.9 Printers at the ECC and DR sites. 5.2.2.10 Access to web-based CAD end-user software that allows System Users to view CAD information. 5.2.2.11 Installation of CAD client software on end user computer systems brought to the County’s service location, and 24/7 on-call troubleshooting support for Members who load the CAD client software at their own fixed remote locations. 5.2.2.12 Manage System User accounts to ensure System Users are able to access needed services and information, in accordance with approved security standards. 5.2.2.13 Database maintenance to keep up to date incident type codes, priority codes, emergency response area/beats, response plans, and resource assignment tables. 5.2.2.14 Written instructions for self-installation of CAD client software (as applicable) on one version each of up to three (3) operating system platforms (e.g., Windows, iOS, Android). 5.2.3 Member Responsibilities. Each Member is responsible for procuring and maintaining the following CAD System hardware, software, and related services: 5.2.3.1 Computing systems capable of running the CAD client software per the CAD System Vendor’s standard specifications. This may include desktop or laptop computers, tablets or other computing devices. 5.2.3.2 Internal testing of approved System modifications against Member-owned hardware and software. 5.2.3.3 Installation of CAD client software at the Member’s fixed locations (if agency chooses not to bring the systems to the County’s service location). 5.2.3.4 Printers at the Member’s own locations. 5.3 Mobile Data System 5.3.1 The Mobile Data System provides an interface between the user of the CAD client software on mobile devices and the ECC, as well as an interface to field reporting software accessed by the mobile device. This system provides two- way data transfer regarding dispatched incidents. Types of data transferred include time at which the responding vehicle arrives and clears calls. CAD and Mobile Data Agreement Ramsey County and User Members Page 9 of 48 5.3.2 County Responsibilities. The County is responsible for the following Mobile Data System hardware, software, and related services: 5.3.2.1 Computing hardware platform (e.g., servers) on which the County-provided Mobile Data System software operates. 5.3.2.2 Mobile Data System server firmware updates. 5.3.2.3 Server/host-based CAD mobile data application software for the County-provided Mobile Data System, including maintenance of licenses and implementation of patches and updates. 5.3.2.4 Applications that are licensed to the County as part of the Mobile Data System. 5.3.2.5 Mobile data client software for Members, including maintenance of licenses. Maintenance of System User accounts to ensure System Users are able to access needed services and information. 5.3.2.6 Database maintenance to keep up to date incident type codes, priority codes, emergency response areas/beats, response plans and resource assignment tables. 5.3.3 Member Responsibilities. Each Member is responsible for the following Mobile Data System hardware, software, and related services: 5.3.3.1 Wireless connectivity service (e.g., commercial cellular data services) over which to transmit CAD and CAD-related data. 5.3.3.2 Wireless signal antennas and receivers/transmitters for computing devices, which may be built in or external to the device. 5.3.3.3 Client computing devices/hardware on which to run the Mobile Data System software that meet standard specifications established by the CAD System Vendor. 5.3.3.4 Security on Member-owned devices according to applicable state and federal security requirements. 5.4 Wireless Data Security and Persistent Connectivity Service 5.4.1 The Wireless Data Security and Persistent Connectivity Service encrypts CAD and Mobile Data information that is sent over commercial wireless services. The Wireless Data Security and Persistent Connectivity Service also maintains usability when the wireless service is unavailable and reconnects automatically when that service is again available. 5.4.2 Services by other than County 5.4.2.1 After submitting a written plan to the ECC Director and after receiving written approval of that plan from the ECC Director and the CAD Command Subcommittee, a Member may elect to provide wireless data security and persistent connectivity services CAD and Mobile Data Agreement Ramsey County and User Members Page 10 of 48 on its own, and/or to contract with entities other than the County to provide these services. This is applicable only to wireless data security and persistent connectivity services and will be known as “opting out” or “opt out”. 5.4.2.2 A Member may choose to opt out of services for a subset of its System Users, for example, for only Law Enforcement personnel. 5.4.2.3 Should a Member opt out, the ECC would remain the “first call for help” for that Member’s System Users per section 5.4.3.6. 5.4.2.4 A Member that opts out is responsible for all elements of the provision and maintenance of the wireless data security and persistent connectivity service except 5.4.3.6. 5.4.3 County Responsibilities. The County is responsible for the following Wireless Data Security and Persistent Connectivity Service hardware, software, and related services for Members who do not opt out of having the County provide wireless data security and persistent connectivity service: 5.4.3.1 Acquisition of the service(s) and management of any necessary contracts. 5.4.3.2 Working with the Members and State of Minnesota to transition from existing licenses and agreements. 5.4.3.3 Distribution of client software (as needed) to subscribing Members, and maintaining licenses and updates for that software. 5.4.3.4 Applications that are licensed to the County as part of the Wireless System. 5.4.3.5 Maintenance of System User accounts to ensure that System Users are able to access needed services and information. 5.4.3.6 “First call” troubleshooting of connectivity issues. 5.4.3.7 Written installation standards/guidelines. 5.4.3.8 Initial installation of client software on end user computing devices at the County’s service location. 5.4.4 Member Responsibilities. Each Member is responsible for the following Wireless Data Security and Persistent Connectivity Service hardware, software, and related services: 5.4.4.1 Allowing the County to push software updates to end user computing devices. This does not apply to Members that opt out. 5.4.4.2 Management of wireless accounts to ensure that System Users are able to access needed services and information. CAD and Mobile Data Agreement Ramsey County and User Members Page 11 of 48 5.5 AVL System 5.5.1 An Automatic Vehicle Location (“AVL”) System, within the context of this Agreement, acquires vehicle location information via GPS signaling using an antenna and receiver in each vehicle. That location information is then transmitted by the Mobile Data System in the vehicle (via commercial wireless) to the ECC. 5.5.2 County Responsibilities. The County is responsible for the following AVL System hardware, software, and services: 5.5.2.1 Computing hardware platform (e.g., servers) on which the County-provided AVL System software operates. 5.5.2.2 Server/host-based AVL application software for the County- provided AVL System. 5.5.2.3 Applications that are licensed to the County as part of the AVL System. 5.5.2.4 Interfaces between the AVL System and the CAD and Mobile Systems. 5.5.2.5 Licenses for AVL System client software to be used on end user computing devices, and software maintenance, including updates. 5.5.2.6 Written installation standards/guidelines. 5.5.3 Member Responsibilities. Each Member is responsible for the following AVL System hardware, software, and services: 5.5.3.1 Vehicle antennas and the installation of those antennas including cabling and other required hardware and services. 5.5.3.2 GPS receivers (radios) and the installation of those in vehicles. 5.5.3.3 Physical connections between the GPS receivers and the mobile data system computing devices (laptop, tablet) in the vehicles (if GPS is not built into the devices) and verification that GPS position data is being relayed to the device and mobile application. 5.6 End User Computing Devices 5.6.1 End user computing devices such as desktops, laptops and tablets provide a means to access and input CAD and Mobile Data information. End user computing devices may be handheld, connected to building networks or installed in vehicles. 5.6.2 County Responsibilities. The County is responsible for the following end user computing device hardware, software, and related services: 5.6.2.1 Providing and maintaining end user computing devices and associated operating system software for the end user computing devices at the ECC. CAD and Mobile Data Agreement Ramsey County and User Members Page 12 of 48 5.6.2.2 Informing Members of changes to end user computing devices that are driven by the System, i.e., Operating System compatibility issues. 5.6.2.3 First call troubleshooting for System software. 5.6.3 Member Responsibilities. Each Member is responsible for the following end user computing device hardware, software, and services: 5.6.3.1 Providing and maintaining end user computing devices and associated software for use of Member personnel. 5.6.3.2 Ensuring that end user computing devices and associated software that will be used to access the System comply with standard specifications established by the CAD System Vendor. 5.6.3.3 Providing and maintaining all non-System related (third-party) software, hardware and peripherals on end user computing devices. 5.6.3.3.1 Should any Member decide to install additional third- party software on, or alter the configuration of, its end user computing devices, it does so at its own risk. Members must provide staff capable of providing support for the preparation, installation, maintenance and upgrades of such additional software. The County will test additional software for compatibility with the System at the request of Members. Such testing will be charged to the requesting Member. 5.6.3.4 Keeping operating systems, applications and web browsers on Member end user computing devices up to date by applying appropriate patches, updates and upgrades in a timely manner, and according to standards to be developed per section 10. 5.7 Fire Department Alerting 5.7.1 Definitions: 5.7.1.1 Fire Department Alerting means the process and method used by the ECC to notify an agency that a call for service exists. This process begins at the dispatch console when a call is received and continues through the System until the notification is received by any or all of the following means: the Fire Station Controller, a two-tone voice paging device, or a messaging device that receives email, text, SMS, etc. 5.7.1.2 Fire Station Alerting means the process and method used by the Fire Station Controller to disseminate the alert within the station (using peripheral devices such as speakers, lights, menu boards, CAD and Mobile Data Agreement Ramsey County and User Members Page 13 of 48 monitors, printers, etc.) that is received through the Fire Department Alerting process. 5.7.2 County Responsibilities. The County is responsible for the following: 5.7.2.1 Related to Fire Department Alerting services, the County will provide and maintain all necessary software and equipment (servers, routers, radio systems, two-tone paging systems, digital messaging systems, etc.) required at the ECC to operate a communications gateway that interfaces with the CAD System to generate and transmit messages/alerts to remote Fire Station Controllers and/or devices using both primary/secondary means of communications (existing data networks, radio systems, phone lines, etc.). 5.7.2.2 Related to Fire Department Alerting services at fire station locations, the County is responsible to provide and maintain a device (Fire Station Controller) to receive dispatched calls at each fire station that uses an alerting system. 5.7.3 Members Responsibilities. Each Member is responsible for the following: 5.7.3.1 Fire Station Alerting – each Member that utilizes Fire Station Alerting is responsible for providing and maintaining all connections and peripherals beyond the Fire Station Controller that are used to disseminate the alert. Peripherals may include such items as speakers, lights, menu boards, monitors, printers, or any device that the Fire Station Controller communicates with in the fire station. 5.7.3.2 Fire Department Paging – each Member that utilizes fire department two-tone voice paging is responsible for providing and maintaining all devices necessary to receive two-tone voice pages from the ECC. 5.7.3.3 Fire Department Messaging – each Member that utilizes fire department messaging (email, text, SMS, etc.) is responsible for providing and maintaining all devices necessary to receive digital messages from the ECC. 5.8 Network Infrastructure 5.8.1 A Wide Area Network (WAN) is a telecommunication network that covers a broad area. 5.8.1.1 The point of WAN demarcation between the County and a Member is the firewall system designated to support the CAD/Mobile Data/AVL/Fire Alerting System at the Member’s location. Note: If a Member uses web-based access, a dedicated WAN connection to the ECC may not be required. CAD and Mobile Data Agreement Ramsey County and User Members Page 14 of 48 5.8.1.2 County Responsibilities 5.8.1.2.1 The County is responsible for procuring and maintaining secured WAN connections needed to support the System (for example, to the State). 5.8.1.3 Member Responsibilities 5.8.1.3.1 Each Member is responsible for procuring and maintaining any necessary secured WAN connections from their site(s) to the ECC in order to access the System. 5.8.1.3.2 Moves, additions, and changes to WAN connections that are initiated by a Member are the responsibility of that Member. 5.8.2 Firewall systems are used to help keep a network secure. The primary objective is to control the incoming and outgoing traffic by determining whether data packets should be allowed through. 5.8.2.1 County Responsibilities. The County will provide and maintain firewall systems for the ECC and backup ECC sites. 5.8.2.2 Member Responsibilities. Members who wish to have a dedicated WAN connection to the System must provide and maintain their own firewall systems at their locations. 5.8.3 Routing systems forward data packets between different types of networks, such as from WANs to LANs. For this System, routing services are required at the ECC and at the backup dispatch facility. The County is responsible for these systems. 5.8.4 Local area network (LAN) infrastructure consists of network cabling, local wireless (e.g., WiFi), and switching systems within a building. 5.8.4.1 County Responsibilities. The County is responsible for LAN infrastructure at the ECC. 5.8.4.2 Member Responsibilities. Each Member is responsible for LAN systems within the Member’s own facilities. 5.8.5 Antivirus services protect operating systems and other software from malicious code. 5.8.5.1 The County and all Members are individually responsible to maintain antivirus services on all computing devices that access the System. Those antivirus services must meet all applicable state and federal requirements. 5.8.5.2 The County and all Members have the right to disconnect systems/hardware/devices found to be compromised in a way that poses an immediate threat. CAD and Mobile Data Agreement Ramsey County and User Members Page 15 of 48 5.8.6 Authentication is used to ensure that only authorized users may access the System. 5.8.6.1 Members must use authentication methods that comply with applicable state and federal security requirements. 5.8.6.2 Members are responsible for the costs to implement and maintain authentication. 5.9 Interfaces – these are software programs developed specifically to link other software applications to the System. For cost allocations, refer to section 8. 5.9.1 The entities named below will be responsible to ensure the identified interfaces or their replacements or version changes listed below operate according to applicable specifications. 5.9.2 County Responsibilities. 5.9.2.1 The County is responsible for both “ends” of the following interfaces: 5.9.2.1.1 Alphanumeric paging 5.9.2.1.2 ANI/ALI/E9-1-1 5.9.2.1.3 BCA LEMS 5.9.2.1.4 Apparatus move-up management (one-way data export out of System) [DECCAN Live MUM at the time of the original Agreement] 5.9.2.1.5 Fire Department/Station alerting (one-way from System to alerting application) 5.9.2.1.6 Knowledge Center (Emergency Management) 5.9.2.1.7 Pictometry 5.9.2.2 The County is responsible for the County’s “end” of the following interfaces: 5.9.2.2.1 CAD-to-CAD interface with Allina Medical. Note: Allina Medical will pay for its end, both initially and ongoing. 5.9.2.2.2 Fire Records Management System (one-way data export out of System) [ImageTrend at the time of the original Agreement]. 5.9.2.2.3 HazMat, pre-plan, and premise information [via ImageTrend at the time of the original Agreement]. 5.9.2.2.4 Law Enforcement Records Management Systems (one- way data export out of System). 5.9.2.2.5 EMS RMS (one-way data export out of System) [Sansio ePCR at the time of the original Agreement]. CAD and Mobile Data Agreement Ramsey County and User Members Page 16 of 48 5.9.2.2.6 Field Reporting (one-way data export out of System). 5.9.2.3 The County is responsible for ensuring that information from the System is transferred via the provided Interfaces. 5.9.2.4 The County will provide “First Call” troubleshooting of identified interfaces. 5.9.3 Member Responsibilities. Members are responsible for the User/Member “end” of the following interfaces: 5.9.3.1 HazMat, pre-plan, and premise information, by those Members that use it. 5.9.3.2 City of Saint Paul’s locally developed Law Enforcement Records Management System, by the City of Saint Paul. 5.9.3.3 Ramsey County Sheriff’s Office Law Enforcement Records Management System, by Ramsey County Sheriff’s Office. 5.9.3.4 Law Enforcement Records Management System used by the cities of Roseville, Lauderdale, Falcon Heights, and North St. Paul. 5.9.3.5 EMS RMS [Sansio ePCR at the time of the original Agreement], by those Members that use it. 5.9.3.6 Field Reporting, by those Members that use it. 5.9.4 Protocol for changes to interfaces: when either the System or the linked application undergoes a modification (e.g., patches, updates and/or upgrades) that could affect the interface between the System and/or the linked applications, the Party that is identified as responsible for that interface under the terms of this Agreement must arrange for the necessary software modifications, and have all changes tested in a non-production environment prior to implementation in the production system. The County shall notify the Members at least 60 days prior to implementing changes to interfaces for which the County is responsible. A Member shall notify the County at least 60 days prior to implementing changes to interfaces for which the Member is responsible, and shall work with the County to coordinate and schedule the change in the production environment. 5.9.5 Troubleshooting problems due to interface changes is a joint responsibility of the Member and the County. 5.9.6 The County may charge for support services required due to changes to Member interfaces. 5.10 Responsible Use Policy 5.10.1 Execution of this Agreement by a Party is deemed to include agreement to comply with the provisions of this Responsible Use Policy (“Policy”). CAD and Mobile Data Agreement Ramsey County and User Members Page 17 of 48 5.10.2 Data Privacy and Security 5.10.2.1 All Parties to this Agreement will: 5.10.2.1.1 comply with applicable federal and state statutes, regulations and agreements regarding data privacy and security; 5.10.2.1.2 not obtain, use, share or disclose Protected Data other than as permitted or required by law. For purposes of this provision, the term Protected Data means "not public data", defined under the Minnesota Government Data Practices Act, Section 13.02, Subdivision 8a; 5.10.2.1.3 implement appropriate administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of Protected Data and prevent unauthorized use or disclosure by any Member or User; 5.10.2.1.4 if allowed under Minnesota Statutes chapter 13, report to the other Parties any known unauthorized use or disclosure of a Party’s Protected Data or any security incident, as appropriate; 5.10.2.1.5 ensure that any agents or contractors with access to Protected Data agree to the same restrictions and conditions and implement reasonable and appropriate privacy and security safeguards imposed by this Agreement and applicable law; 5.10.2.1.6 make Protected Data available for amendment and incorporate any amendments as required and authorized by law; 5.10.2.1.7 make available the information required to provide an accounting of disclosures of Protected Data; and 5.10.2.2 If this Agreement is terminated as to any Party, all other Parties will either destroy or return the Protected Data of the terminating Party to the terminating Party and retain no copies of such data, if feasible, or if such destruction or return is not feasible, extend the protections of this Agreement to the Protected Data and limit further uses and disclosures of the Protected Data to those purposes that make the return or destruction of the Protected Data infeasible. 5.10.2.3 Each Party shall require all individuals who use the CAD and Mobile Systems to review and sign the System Users Agreement, attached to and made a part of this Agreement as Exhibit 2. CAD and Mobile Data Agreement Ramsey County and User Members Page 18 of 48 5.10.3 Records Retention 5.10.3.1 All Parties to this Agreement shall comply with all state and federal laws and regulations regarding the retention of public records, including but not limited to Minnesota Statutes §138.17. 6.Ongoing County Services 6.1 The County shall operate, manage, and maintain the System under the direction of the Director of the Ramsey County Department of Emergency Communications. 6.2 The County warrants that its initial and ongoing configuration of the System and provision of County services will be compliant with applicable privacy and security regulations, including CJIS and HIPAA requirements and standards. 6.3 Operational and Management Services. Under the supervision of the System Manager, the County will: 6.3.1 Establish and maintain a secure network. 6.3.2 Manage the System network servers, System software, databases, and network connectivity. 6.3.3 Manage and maintain test, training, and production environments for the System. The County will provide access to testing and training environments to Members upon request. 6.3.4 Test new patches, updates, upgrades and other modifications before they are applied to production systems. 6.3.5 Perform quality control/quality assurance operations during testing and implementation of patches, updates and upgrades. 6.3.6 If at any time configuration changes implemented by the County interfere with operation of the System, the County will correct the problem. 6.3.7 If software conflicts develop between System configuration changes required for the successful use of the System and end user software previously installed by a Member, the County shall work with the Member’s staff to resolve the problem. 6.3.8 Maintain the System network in such a manner as to provide a minimum of 99.9% availability, except during such periods when downtime is due to circumstances beyond the control of the County or during scheduled downtime for maintenance/upgrades. 6.3.9 Maintain a system of frequent backups and data files in such a manner as to minimize System recovery time and prevent data corruption. The backup procedure will be in writing and approved by the CAD Command Subcommittee. 6.3.10 Monitor, maintain and troubleshoot network connectivity and cyber security issues in the System network. CAD and Mobile Data Agreement Ramsey County and User Members Page 19 of 48 6.3.11 Monitor performance to ensure adequate System resources and storage to handle peak traffic loads. 6.3.12 Manage System, Fire Department Alerting, Wireless Data Security and Persistent Connectivity Service vendor contracts with the County, to ensure continuous service. 6.3.13 Maintain and manage licenses for software described within this Agreement as part of the County’s responsibility. 6.3.14 Coordinate maintenance upgrades with the CAD System Vendor and Members. 6.3.15 Manage the implementation of patches, updates and upgrades to the CAD System, including appropriate testing in a non-production environment prior to implementation. 6.3.16 Provide timely notices to the Members of System status changes, such as server maintenance, that will affect System availability or performance. Any planned System downtime will be scheduled during periods of light call traffic. 6.3.17 Install, configure, and maintain CAD client software, along with any other software required to maintain a secure connection to the CAD System. This excludes physical installation in in-vehicle systems, but includes remote maintenance. 6.4 Support Services (Maintenance, Helpdesk, Upgrades). The County will: 6.4.1 Provide support services as described herein during the hours identified below. 6.4.1.1 Live technical support will be provided during regular business hours, which are defined as 8:00 AM – 4:00 PM Monday through Friday, excluding County-observed holidays. Refer to section 6.4.2 for response times for each “Priority Level”. 6.4.1.2 On-call technical support will be provided at all other times. Refer to 6.4.2, below, for response times for each “Priority Level”. 6.4.2 Provide response to System issues/problems according to the following Priority Levels: 6.4.2.1 Priority Level 1: Critical Priority, as described in the excerpt from the CAD System Vendor’s Support Agreement, attached hereto and made a part of this Agreement as Exhibit 3. 6.4.2.1.1 County Response to Priority Level 1: live telephone response within 30 minutes of initial notification. 6.4.2.2 Priority Level 2: Urgent Priority, as described in Exhibit 3 6.4.2.2.1 County Response to Priority Level 2: live telephone response within 1 hour of initial notification. CAD and Mobile Data Agreement Ramsey County and User Members Page 20 of 48 6.4.2.3 Priority Level 3: High Priority, as described in Exhibit 3 6.4.2.3.1 County Response to Priority Level 3: live (non- automated) email response within 3 hours of initial notification. If voice response is requested by the Member, such response will be provided within the same timeframe. 6.4.2.4 Priority Level 4: Medium Priority, as described in Exhibit 3 6.4.2.4.1 County Response to Priority Level 4: live (non- automated) email response within 2 business days of initial notification. If voice response is requested by the Member, such response will be provided within the same timeframe. 6.4.2.5 Priority Level 5: Low Priority, as described in Exhibit 3 6.4.2.5.1 County Response to Priority Level 5: live (non- automated) email response within 2 business days of initial notification. If voice response is requested by the Member, such response will be provided within the same timeframe. 6.4.3 Provide technical support to System Users for System client software. 6.4.4 Establish and maintain County-owned CAD interfaces to Members’ records systems, mobile data system networks, and local PSAP 911 premise equipment. 6.4.5 Load and configure Mobile Data client software at the County’s location. If Member agencies choose not to bring the systems in to that location, the County will provide troubleshooting assistance for agencies that load Mobile Data client software at their own locations. 6.4.6 Perform troubleshooting, characterization, and documentation of System problems or anomalies and communicate findings to CAD System Vendor(s). Follow up with CAD System Vendor(s) as necessary to resolve problems. 6.4.7 Perform troubleshooting to address System User access issues and reports. 6.4.8 Provide technical assistance to System Users for local CAD interfaces. 6.4.9 Distribute information about changes to System User requirements (hardware and software) as the CAD System Vendor publishes those requirements to the County. 6.4.10 Notify Members of planned and unplanned System outages and reported issues via the following process: CAD and Mobile Data Agreement Ramsey County and User Members Page 21 of 48 6.4.10.1 Planned Outages 6.4.10.1.1 Initial email contact will be made with each Member’s Operational Contact as soon as possible, giving the following information: 1.Portion of the System that will be down 2.Date and time of the outage 3.Reason for the outage 4.Estimated duration of the outage 5.Effect outage will have on Members’ business operations 6.End User expectations 6.4.10.1.2 Two days prior to the planned outage a reminder email notification containing the same information will be sent to the Member’s Operational Contact with details for their use, and to distribute within their agencies. 6.4.10.1.3 Immediately prior to the outage, ECC will make an announcement over the radio identifying the sub- system that will be taken down and instructing System Users to log off. 6.4.10.1.4 When the planned outage/upgrade is complete an announcement will be made over the radio informing System Users the portion of the System that was down is available for use, plus a follow up email will be sent. 6.4.10.2 Unplanned Outage 6.4.10.2.1 As soon as reasonably possible a radio announcement will be made and email contact will be made with each Member’s Operational Contact giving the following information: 1.Identifying the portion or portions of the system that is/are down 2.When the outage began 3.Initial cause of outage, if known 4.Estimated duration of the outage. 5.Effect outage will have on Members’ business operations 6.4.10.2.2 Periodic notifications will be provided as appropriate and/or when new information is available. 6.4.10.2.3 When the unplanned outage is resolved an announcement will be made over the radio and via CAD and Mobile Data Agreement Ramsey County and User Members Page 22 of 48 email informing System Users that the System is available for use. 6.4.10.2.4 Within two weeks of the resolution ECC will document the outage and resolution, and distribute this to the Operational Contacts. 6.4.11 Test System software patches, updates and upgrades before installation. 6.4.12 Plan for the installation of software updates and upgrades so as to minimize service disruptions to System Users. 6.4.13 Maintain the software configurations for the network security equipment. 6.4.14 Be responsible for initial troubleshooting of access issues from computers used for System access at Member sites. 6.4.15 Be responsible for initial (first call) troubleshooting of access issues from System Users’ authorized mobile devices. 6.4.16 Update the GIS base map (layers, centerlines, street names, etc.) at a minimum quarterly. 6.4.17 Manage user access (adds, changes, etc.), notification data, and administrative information when notified by Members of such changes. 6.5 Disaster Recovery and Continuity of Operations Services 6.5.1 The County will provide and maintain Disaster Recovery (DR) and Continuity of Operations services for functions identified in Exhibit 4, attached hereto and made a part of this Agreement, in accordance with procedures established by the Department in consultation with the CAD Command Subcommittee. 6.5.2 In the event of a System failure that is not resolved through built-in redundancy and resiliency, an authorized ECC manager or designee will authorize a change over from the primary System to the DR system. 6.5.3 The County will configure the System so DR services are operational within two (2) hours after authorization to change over from the primary System to the DR system. 6.5.4 The County will provide personnel trained in how to implement a change over from the primary System to the DR system. 6.6 Training 6.6.1 The County will provide and maintain a Training Environment for the System. 6.6.2 The County will provide System User training as follows: 6.6.2.1 Initial training of System Users prior to go-live of the new System will be provided in a Train-the-Trainer mode. The County will provide training and training materials to individuals designated CAD and Mobile Data Agreement Ramsey County and User Members Page 23 of 48 by the Members. The trained Member personnel will then provide training to other Member System Users. 6.6.2.2 Mobile Data System training for System Users will take place at mutually agreed upon locations using Member-provided devices. 6.6.2.3 After go-live the County will update training materials as needed and make those available to Members. 6.6.2.4 After go-live the County will provide training on the System for Members’ new hires. 6.7 Reports 6.7.1 The System Manager will provide a set of standard reports available from the CAD System Vendor. 6.7.2 Upon request the County will generate one or more export files, using standard fields and parameters and standard data export methods supported by the CAD System Vendor. The export file(s) will contain raw data so a Member may create its own reports using its own resources. 6.7.3 If a Member needs reports other than from these sources, the County may charge the Member for creating custom reports. Members may submit a fee refund request for charges for a custom report that becomes a standard report. 6.7.4 Open Database Connectivity (“ODBC”) connections may be requested through and must be approved by the CAD Command Subcommittee. Members are responsible for software licenses and support of independent reporting tools. 6.8 Public Information Requests 6.8.1 The System Manager will assist Members in responding to data requests by providing the requested data that is in the System to the Member within a reasonable time from the request. Member(s) will be provided with a data export file containing the System data along with documentation of the data fields provided. It will be the Member’s responsibility to respond to the data request and to filter, format, and redact data as needed to fulfill the public information request in accordance with applicable law. 7.Ongoing Member Responsibilities (see also section 5. System Operation: Responsibilities of the Parties) 7.1 Base Map: 7.1.1 Members will submit new information on property key holders (ownership/lease) and common place names for businesses in accordance with County established standards. 7.1.2 Members will notify the Department of changes to streets and all addresses at least quarterly. CAD and Mobile Data Agreement Ramsey County and User Members Page 24 of 48 7.2 Information Security/System Protection: 7.2.1 Members remain responsible for the protection of information they place on the System and connecting networks. 7.2.2 Members must comply with applicable federal and state statutes, laws, and regulations regarding data security. 7.2.3 Members must notify the System Manager as soon as possible of any security breach or known potential threat. 7.2.4 Members will ensure that any System User or third-party software does not interfere with System applications, network connections, or security. 7.2.5 Members will restrict access to the System to only those individuals who have received CAD training and are authorized to use the System. 7.2.6 Members will maintain current operating systems, applications, security software, web-browsers, and networked devices through patches, updates, and upgrades in compliance with section 10 of this Agreement. 7.2.7 Members will notify the System Manager as soon as possible but not later than the last day of employment when an employee with System access leaves employment. 7.2.8 Members will notify the System Manager as soon as possible but not later than the change of status or rank when an employee with System access has a change of status or rank that affects that individual’s access privileges. 7.3 Testing and Training 7.3.1 Members shall test Member-owned interfaces, devices and software when planning internal hardware or software changes or changes to business processes that may affect the System, before putting such into use. 7.3.2 Members shall utilize the County’s test environment for changes to two-way interfaces, firewalls or routers. 7.3.3 Members shall perform quality control/quality assurance operations during testing and implementation of patches, updates and upgrades of Member- owned interfaces, devices and software. 7.3.4 If at any time configurations implemented by a Member interfere with operation of the System or if software conflicts develop between software required for the successful use of the System and additional software installed by a Member, the County will charge the Member to correct the problem. Member staff must work with the County as requested to resolve the problem or remove the software. 7.3.5 Members will make their personnel available to attend System training, as appropriate. CAD and Mobile Data Agreement Ramsey County and User Members Page 25 of 48 7.3.6 When System upgrades or process changes that require training of System Users are to be implemented, the Members will train their own personnel using County-provided training materials. 7.4 Operational Contact 7.4.1 Each Member shall maintain an Operational Contact, and an alternate operational contact, as the primary persons who will receive technical notifications and provide technical coordination. 7.4.2 Within 30 days of the execution of this Agreement, Members shall provide Operational Contact information to the System Manager. 7.4.3 Members shall immediately notify the ECC of changes to Operational Contacts. 7.5 Reporting System Issues 7.5.1 During business hours, System Users must contact the CAD/Mobile/AVL Helpdesk via phone or email, and provide: 7.5.1.1 User’s name 7.5.1.2 Agency name 7.5.1.3 Call back number 7.5.1.4 Number of users affected, if known 7.5.1.5 Brief description of the problem. 7.5.2 After business hours, System Users must contact the on-duty ECC Shift Supervisor and provide the same information listed above. 8.Cost/Payment 8.1 County Payments: The County will pay the following: 8.1.1 All costs for the initial implementation of the System as defined by the CAD budget approved by the County in Resolution #2012-313, including all related debt service, but excluding loading of non-CAD related software onto mobile devices. 8.1.2 Both initial and ongoing costs for both “ends” of the following interfaces 8.1.2.1 Alphanumeric paging 8.1.2.2 ANI/ALI/E9-1-1 8.1.2.3 BCA LEMS 8.1.2.4 Apparatus move-up management (one-way data export out of System) [DECCAN LiveMUM at the time of the original Agreement] 8.1.2.5 Fire Department/Station alerting (one-way from System to alerting application) CAD and Mobile Data Agreement Ramsey County and User Members Page 26 of 48 8.1.2.6 Knowledge Center (Emergency Management) 8.1.2.7 Pictometry 8.1.3 Both initial and ongoing costs for the County’s “end” of the following interfaces: 8.1.3.1 CAD-to-CAD interface with Allina Medical. Note: Allina Medical will pay for its end, both initially and ongoing. 8.1.3.2 Fire Records Management System (one-way data export out of System) [ImageTrend at the time of the original Agreement] 8.1.3.3 HazMat, pre-plan, and premise information [via ImageTrend at the time of the original Agreement] 8.1.3.4 EMS RMS (one-way data export out of System) [Sansio ePCR at the time of the original Agreement] 8.1.4 Initial costs only for the County’s “end” of Law Enforcement Records Management Systems (one-way data export out of System) 8.1.5 Upgrades of the System software and hardware that are part of the CAD System Vendor’s maintenance package and of County-owned interfaces will be paid for out of the System Investment Fund. 8.1.6 Upgrades of the System software and hardware that are not part of the CAD System Vendor’s maintenance package must go through the Review and Approval Process set forth in section 9. System Modifications. Upon approval, upgrades of the System software and hardware and of County- owned Interfaces will be paid by the County out of the System Investment Fund. 8.1.7 Initial and ongoing costs for firewall systems at the ECC and DR sites. 8.2 Individual Member Payments. Each Member will pay the following: 8.2.1 The cost of Member-owned hardware, software, and application installation and maintenance not otherwise addressed by this Agreement. 8.2.2 Costs for the provision of ongoing cellular or other wireless services to connect the Member’s mobile devices. 8.2.3 State data access charges for mobile wireless connectivity, which will be billed through by the Department. 8.2.4 Fees for wireless data and persistent connectivity services. 8.2.5 All non-recurring and recurring costs for encrypted WAN connections to the CAD/Mobile Data/AVL/Fire Station Alerting Systems. Costs for moves, additions, and changes to WAN services that are initiated by a Member are the responsibility of that Member. 8.2.6 Initial and ongoing costs for firewall systems at Member locations. CAD and Mobile Data Agreement Ramsey County and User Members Page 27 of 48 8.2.7 Initial and ongoing costs of Fire Station Alerting connections and peripherals beyond the Fire Station Controller that are used to disseminate the alert. 8.2.8 Initial and ongoing costs of Fire Department Paging – each Member that utilizes fire department two-tone voice paging is responsible for providing and maintaining all devices necessary to receive two tone voice pages from the ECC. 8.2.9 Initial and ongoing costs of Fire Department Messaging (email, text, SMS, etc.) – each Member that utilizes fire department messaging is responsible for providing and maintaining all devices necessary to receive digital messages from the ECC. 8.2.10 Ongoing costs, including updates, for the both “ends” of the following software interfaces in all environments: 8.2.10.1 Mobile Data software other than the County’s Mobile System, to be paid for by those Member(s) that utilize such software. 8.2.10.2 Other interfaces to the System not otherwise provided for in this Agreement and not used by all Members, to be paid for by those Member(s) that utilize those applications, e.g. Law Enforcement Records Management System applications and Amanda. 8.2.11 Ongoing costs, including updates, for the Member “ends” of the following software interfaces: 8.2.11.1 HazMat, pre-plan, and premise information [via ImageTrend at the time of the original Agreement], with the costs to be paid for by those Member(s) that utilize the application. 8.2.11.2 EMS Records Management System [Sansio ePCR at the time of the original Agreement], with the costs to be paid for by those Member(s) that utilize the application. 8.2.11.3 Field Reporting, with the costs to be paid for by those Member(s) that utilize the application. 8.3 Payments by All Members as a Group. All Members shall pay the following: 8.3.1 Forty percent (40%) of all costs for ongoing System operating, maintenance and technical and administrative support, minus any offsetting revenue that has been applied to the Members’ share in accordance with Section 8.7. 8.3.2 Each Individual Member’s share will be billed based on a three-year rolling average of the Member’s share of calls for service. The methodology for calculating the percentage of calls for service shall follow the same methodology described in the Dispatch Joint Powers Agreement article entitled Cost and Funding. 8.3.3 The Director shall prepare an annual CAD budget in consultation with the CAD Command Subcommittee. The CAD budget will then be presented to CAD and Mobile Data Agreement Ramsey County and User Members Page 28 of 48 the CAD Policy Committee for review. The CAD Policy Committee will then make a budget recommendation to the County Board. Members will receive written notification of their share of CAD operating costs as recommended by the CAD Policy Committee by June 1st. 8.3.4 If the County Manager recommends a CAD budget to the County Board that is not consistent with the recommendation of the CAD Policy Committee, the Director shall notify the members of the CAD Policy Committee prior to the County Board public budget hearings. 8.3.5 The County will notify the CAD Policy Committee of budget changes exceeding 5% of an adopted budget as soon as possible before adoption of the budget change. 8.4 Additional Members 8.4.1 Additional Members must “buy-in” to the System. Buy-in costs may include a share of the initial implementation costs, a share of the System Replacement and Investment Funds, any subsequent major investments, and any additional expansion required to support this Additional Member. Buy-in costs will be determined by the CAD Policy Committee at the time of a “buy- in” request. 8.4.2 After the initial “buy-in”, Additional Members will pay costs as an Individual Member and as one of the Members as a Group, as indicated within the applicable sections of this Agreement. 8.5 Payment for System Changes, New Interfaces and System Modifications (see also section 9) 8.5.1 System Modifications will be paid according to the cost allocation and funding mechanism approved under section 9.4. System Modifications that will be used by fewer than all the Members will be paid for by the Members that use it, including Members that add the System Modification after implementation. 8.5.2 Costs for changes to interfaces. 8.5.2.1 The County will pay for changes to interfaces necessitated by System Modifications. This includes incremental costs due to upgrades or other modifications up to a limit of 50% of the initial implementation cost for those interfaces, unless otherwise approved by the CAD Policy Committee. 8.5.2.2 Individual Members will pay for changes to interfaces necessitated by modifications to that Member’s environment or applications. This includes incremental costs due to upgrades or other modifications. The County may charge Members up to 50% of the initial implementation cost for modified interfaces for work performed or provided by the County, unless otherwise agreed to by the Member. CAD and Mobile Data Agreement Ramsey County and User Members Page 29 of 48 8.5.3 Unapproved change cost control. Costs for changes that are not approved according to section 9.1, and that are necessitated by changes by the County to the System or environment, or by changes by a Party to associated applications or interfaces, will be paid by the Party making the changes. 8.6 System Replacement and Investment Funds 8.6.1 CAD/Mobile/AVL/Fire Alerting System Replacement Fund (“System Replacement Fund”) 8.6.1.1 The Parties will make annual contributions for eventual replacement of the System according to the contribution allocations set out in section 8.6.3 below. This amount will be $350,000 in 2015 and increase each year thereafter by three percent (3%) or the Consumer Price Index for Urban Consumers, whichever is less. County and Member contributions will be suspended if the fund balance reaches $10,000,000. 8.6.1.2 When determined appropriate after consideration of input from the CAD Subcommittee and the Director, the CAD Policy Committee shall recommend to the County Board that the Board initiate the replacement of the System, or a portion thereof, using the System Replacement fund. 8.6.2 CAD/Mobile/AVL/Fire Alerting System Investment Fund (“System Investment Fund”) 8.6.2.1 The following will be used to determine the amount of the annual contribution to the System Investment Fund: 8.6.2.1.1 Hardware/Equipment replacement: The amount will be $150,000 for 2015. Thereafter, the annual amount will be as determined by 8.6.2.2. 8.6.2.1.2 Ongoing System investments (investments not covered by software maintenance fees, e.g., upgrades, additional licensing, misc. software, expansion of functionality): the amount will be $300,000 for 2015. Thereafter the annual amount will be as determined by 8.6.2.2. 8.6.2.2 The Director will develop forecasting models to ensure that the System Investment Fund is sufficient, but not over funded. The Director must present forecasting models and a proposed System Investment Fund funding goal to the CAD Policy Committee every two years for approval of the funding goal. The approved funding goal will be used by the Director when submitting the proposed CAD Operating Budget as required in section 8.3. 8.6.2.3 The CAD Policy Committee may transfer amounts between the hardware/equipment replacement and ongoing System CAD and Mobile Data Agreement Ramsey County and User Members Page 30 of 48 investment portions of the System Investment Fund, which are defined under sections 8.6.2.1.1 and 8.6.2.1.2 8.6.3 Contributions to the System Replacement and Investment Funds will be allocated to the County and the Members as follows: 60% will be paid by the County and 40% will be paid by the Members, divided proportionately according to the provisions of section 8.3.2. 8.6.4 The County will track the System Replacement and Investment Funds separately, showing line item balances and adding any interest earned on the fund balance. Interest earned on fund deposits will be credited toward County and Member contributions to the respective Replacement and Investment Funds according to the provisions of section 8.6.3. 8.6.5 If this Agreement is terminated or expires, any remaining money in the System Replacement and System Investment Funds will be distributed in proportion to the contributions of the County and the Members. Each Member’s share will be determined by applying the percentages calculated under section 8.3.2. 8.7 Provision of System Services outside Ramsey County – “Fee for Services” 8.7.1 It is possible that Governmental Units (individually or in groups) [hereafter, “Entity” or “Entities”] outside of Ramsey County may request that the County provide CAD, Mobile Data and/or AVL services within their service areas. 8.7.2 In the event such an arrangement is requested, the Director will identify the potential advantages, disadvantages, costs, and fees proposed to be charged to the potential Entity/Entities, and report this information to the CAD Command Subcommittee. 8.7.3 The CAD Command Subcommittee will then examine the information and recommend for or against approval of the arrangement. 8.7.4 If the CAD Command Subcommittee does not recommend approval, the Director will so inform the requesting Entity/Entities and no further action will be taken. 8.7.5 If the CAD Command Subcommittee recommends approval, the Department will submit a proposed written agreement including service terms and fees to the requesting Entity/Entities. 8.7.6 If the requesting Entity/Entities agree(s) to the provisions of the proposed written agreement, the Director will take the request to the CAD Policy Committee, which will make a final decision as to whether to approve the agreement. 8.7.7 If the CAD Policy Committee approves the agreement, the Department will begin providing services according to the agreement upon final execution by the County and the requesting Entity/Entities. CAD and Mobile Data Agreement Ramsey County and User Members Page 31 of 48 8.7.8 After a “fee for services” agreement has been approved, the Department will track fees collected compared to actual costs on a semi-annual basis, and make adjustments as needed and as permitted by contract terms. Any necessary adjustments will be made via the County’s budgeting process. 8.7.9 Any revenues collected in excess of costs will be applied to System operating expenses according to the 60/40 contribution formula. 8.8 The County may only charge for services as expressly authorized in this Agreement, and at rates that are set in conjunction with the annual CAD budget process. 9.System Modifications Approval Process 9.1 Following initial System Implementation any Party to this Agreement may submit a request for a System Modification per the Review and Approval Process, below. 9.2 The Members as a group may submit a request for a System Modification that all will use per the Review and Approval process, below. 9.3 Review and Approval Process 9.3.1 The System Modification request will first be reviewed by the CAD System Manager to determine impact and cost implications. 9.3.1.1 Impact means an operational change would be required to implement the System Modification. 9.3.1.2 Cost means there would be an additional non-budgeted cost to implement the System Modification. 9.3.1.3 Upon determination of impact and cost implications, the System Modification request will proceed in accordance with the following System Modification Request Review and Approval Matrix: CAD and Mobile Data Agreement Ramsey County and User Members Page 32 of 48 System Modification Request Review and Approval Matrix BUDGETED COST NON-BUDGETED COST OPERATIONAL IMPACT - NO Review and final approval by System Manager 1.Review and recommendation by CAD Command Subcommittee 2.Final approval by CAD Policy Committee 3.Budget amendment by Director OPERATIONAL IMPACT - YES Review and final approval by CAD Command Subcommittee 1.Review and recommendation by CAD Command Subcommittee 2.Final approval by CAD Policy Committee 3.Budget amendment by Director 9.4 No System Modification may be made to the System unless approved by the appropriate person or body as indicated in the matrix. Such approval must be in writing and shall describe the Modification, cost allocation, and the funding mechanism for initial and ongoing costs. 9.5 Upon implementation, the System Modification shall be subject to all of the provisions of this Agreement. 10.Establishment and Maintenance of Standards 10.1 Standards Establishment 10.1.1 The CAD Command Subcommittee is responsible to establish standards for System security, user equipment, and user training. 10.1.1.1 For each area of standardization identified by the Subcommittee to be addressed, ECC personnel, the CAD Operations Groups, and/or other technical resources shall develop draft standards for review and approval by the Subcommittee. 10.1.1.2 Any Party to this Agreement may submit suggested language for any standard under consideration or in revision to the Chair of the CAD Command Subcommittee or his/her designee. The Subcommittee will consider such suggestions in light of all Members’ needs and capabilities, as well as the potential impact CAD and Mobile Data Agreement Ramsey County and User Members Page 33 of 48 on the functioning of the System and/or Members’ business processes. 10.1.1.3 The CAD Command Subcommittee will review drafts, seek necessary clarifications and have each draft standard document revised until it meets the approval of the majority of a quorum of the Subcommittee. 10.1.1.4 Once a draft is approved, it will be circulated to the CAD Operations Groups and Members for review and further comment. 10.1.1.5 After review comments have been incorporated the CAD Command Subcommittee shall vote whether to approve the draft standard. 10.1.1.6 A standard, once approved by the CAD Command Subcommittee, shall be distributed to all Parties who shall thereafter comply with the approved standard. 10.1.1.7 Any Party to this Agreement may appeal a standard adopted by the CAD Command Subcommittee to the CAD Policy Committee. 10.2 Standards Maintenance and Modifications 10.2.1 The CAD Command Subcommittee will review each approved standard every two (2) years, after its initial approval, for potential updating or modification as necessitated by changes in technology or the needs or capabilities of the Parties. 10.2.2 Standards may also be modified whenever needed due to changes in operating procedures, software or hardware changes, changes in applicable law or other factors that affect System operations or functionality according to the process identified in section 10.1. 11.Dispute Resolution and Remedies 11.1 If a Member or the System Manager or the Director of the ECC has a dispute under this Agreement, that Member or the System Manager or the Director may bring that dispute forward for resolution according to the following process: 11.1.1 Technical issues shall first be submitted to the System Manager for resolution. If the System Manager initiated the dispute resolution request or if technical issues submitted by others cannot be resolved by the System Manager, the matter shall be referred by the System Manager to the Director of the ECC. If the Director of the ECC and the disputing System Manager or Party cannot resolve a technical issue, the issue shall be forwarded to the CAD Command Subcommittee. 11.1.2 Financial issues shall first be submitted to the Director for resolution. If the Director first identified the financial issue or if the financial issue cannot be CAD and Mobile Data Agreement Ramsey County and User Members Page 34 of 48 resolved by the Director, the matter shall be referred to the CAD Command Subcommittee. However, any financial issues that involve changes in the CAD operating budget shall be immediately submitted by the Director to the CAD Policy Committee for resolution. 11.1.3 Issues that do not fall into the two previous categories shall first be submitted to the Director for resolution. If the Director first identified the issue or if the issue cannot be resolved by the Director, the matter shall be referred to the CAD Command Subcommittee. 11.2 If the issue is not resolved to the satisfaction of the disputing System Manager, Director or Party by the CAD Command Subcommittee, the disputing System Manager, Director or Party may escalate the matter to the CAD Policy Committee. 11.3 If the matter is not resolved to the satisfaction of the disputing System Manager, Director or Party by the CAD Policy Committee, the disputing System Manager, Director or Party may appeal the decision of the CAD Policy Committee to the Ramsey County Board. 11.4 At any point in the process, the County or a Member may request mediation regarding the dispute. The Party requesting the mediation will be responsible for the costs of mediation. However any parties to the mediation may agree to share costs as part of a negotiated settlement. 11.5 Each Party maintains the right to pursue any remedy for material breach of this Agreement or System failure otherwise available at law or equity if the dispute is not resolved to the disputing System Manager, Director or Party’s satisfaction using this process. 12.General Terms and Conditions 12.1 Term 12.1.1 This Agreement is effective as of the last date of execution by the County and eight Governmental Units, and thereafter will become effective as to other Governmental Units when each of the Governmental Units executes this Agreement. This Agreement will remain in effect through December 31, 2016 (“Initial Term”), unless earlier terminated pursuant to the provisions of this Agreement. 12.1.2 Thereafter, the Term shall automatically renew for one (1) year periods (“Renewal Periods”), up to a maximum of ten (10) Renewal Periods, subject to the termination provisions of section 12.2. 12.2 Termination and Withdrawal 12.2.1 This Agreement shall terminate: 12.2.1.1 upon the consent of the County and all Members, as evidenced by written resolutions of their governing bodies’; or 12.2.1.2 when necessitated by operation of law; or CAD and Mobile Data Agreement Ramsey County and User Members Page 35 of 48 12.2.1.3 as a result of a decision by a court of competent jurisdiction. 12.2.2 The County may terminate this Agreement on twenty-four calendar months’ written notice of action of the County Board. 12.2.3 A Member may not withdraw from this Agreement during the Initial Term. 12.2.4 Following the end of the Initial Term, a Member may withdraw from this Agreement only at the same time it withdraws from the Dispatch Agreement. A Member may only terminate this Agreement at the end of a calendar year by action of its governing body and upon a minimum of twelve (12) months prior written notice to the other Parties to this Agreement. 12.2.5 A Member that withdraws forfeits any claim to any outstanding fund balance in the System Replacement and Investment Funds. 12.2.6 Withdrawal from this Agreement by a Member shall not constitute withdrawal by any other Member. 12.3 Indemnification and Insurance 12.3.1 Each Party agrees that it will be responsible for its own acts and the acts of its employees, elected officials, and agents as they relate to this Agreement and for any liability resulting therefrom, to the extent authorized by law, and shall not be responsible for the acts of other Parties to this Agreement or their employees, elected officials, and agents, or for any liability resulting therefrom. Each Party’s liability shall be governed and limited by the Municipal Tort Claims Act, Minn. Stat. Chapter 466 and other applicable law. 12.3.2 The County agrees to maintain property insurance coverage throughout the Term of this Agreement, including the Initial Term and all Renewal Terms, on the ECC facility and all of the County-owned equipment. 12.3.3 The County and each Member waive all rights against the other Parties for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Section. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have had a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, or had or did not have an insurable interest in the property damaged. 12.4 Non-Assignability 12.4.1 No Party shall assign any interest in this Agreement nor transfer any interest in the same, whether by subcontract, assignment or novation. 12.5 Compliance With Applicable Law 12.5.1 All Parties agree to comply with all federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful CAD and Mobile Data Agreement Ramsey County and User Members Page 36 of 48 discrimination on account of race, color, creed, religion, national origin, gender, marital status, status with regard to public assistance, sexual orientation, disability, or age. 12.5.2 All Parties agree to comply with all federal, state and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such Governmental Units, which are now or hereafter promulgated insofar as they relate to the Parties’ performance of the provisions of this Agreement. 12.6 Data Practices 12.6.1 All data collected, created, stored, received, maintained or disseminated for any purpose in the course of any Party’s performance of this Agreement is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, or any other applicable state statutes, any state rules adopted to implement the Act and statutes, as well as federal statutes and regulations on data privacy. 12.7 Management and Access to Data 12.7.1 Each Party shall manage all data the Party collects, creates, stores, receives, maintains, or disseminates. Access to a Member’s data by another Member shall be in accordance with the Minnesota Government Data Practices Act and other applicable federal, state, and local laws and rules governing data privacy. 12.8 Audit 12.8.1 Until the expiration of six (6) years after the termination of this Agreement, each Party shall, upon written request of another Party, make available to the requesting Party, the State Auditor or the requesting Party’s ultimate funding sources, a copy of this Agreement and the books, documents, records and accounting procedures and practices relating to this Agreement. 12.8.2 All parties will comply with and address audit findings. 12.9 Alteration 12.9.1 Any alteration, variation, modification, or waiver of the provisions of this Agreement shall be valid only after it has been reduced to writing in the form of an amendment and duly signed by all Parties. 12.10 Notice 12.10.1 Any notice required to be given by this Agreement shall be made by delivery by first class mail, postage applied, to the person holding the title and at the address identified on the Party’s signature page. 12.11 Interpretation of Agreement; Venue 12.11.1 This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. All litigation regarding this Agreement shall be CAD and Mobile Data Agreement Ramsey County and User Members Page 37 of 48 venued in the appropriate state or federal district court in Ramsey County, Minnesota. 12.12 Conditions Outside Control of a Party/Force Majeure 12.12.1 No Party to this Agreement can be held responsible for failure to perform as a direct result of events outside the control of the Party. For purposes of this Agreement, events outside the control of a party or Force Majeure means: acts of public enemies; strikes or lockouts; enforceable governmental or judicial orders; outbreak of war or insurrection, or acts of terrorism; riots; civil disturbances; earthquakes, floods, fires; explosions or other similar catastrophes or events not reasonably within the Party's control. 12.13 Severability 12.13.1 The provisions of this Agreement shall be severable, and if any provision hereof or the application of any such provision under any circumstances is held to be invalid, it shall not affect any other provision of this Agreement or the application of any provision thereof. 12.14 Entire Agreement 12.14.1 This Agreement shall constitute the entire agreement among the Parties on the subject matter hereof and shall supersede all prior oral or written negotiations. WHEREFORE, this Agreement is duly executed on the last date signed by all Parties. CAD and Mobile Data Agreement Ramsey County and User Members Page 38 of 48 RAMSEY COUNTY _____________________________ Rafael Ortega, Chair Board of County Commissioners _____________________________ Bonnie Jackelen, Chief Clerk Board of County Commissioners Date: ________________________ Approved as to form: _____________________________ Assistant County Attorney Designee for receipt of notice: Title: ________________________ Address: ______________________ CAD and Mobile Data Agreement Ramsey County and User Members Page 39 of 48 CITY OF FALCON HEIGHTS _____________________________ Authorized Signature _____________________________ Title Date: ________________________ Designee for receipt of notice: Name: _______________________ Title: ________________________ Address: _____________________________ _____________________________ CAD and Mobile Data Agreement Ramsey County and User Members Page 40 of 48 Exhibit 1 Excerpt from the Joint Powers Agreement between Ramsey County and the City of Saint Paul for Consolidated Dispatch Operation re: Policy Committee Membership 4.02 Membership a.If the Cities of Maplewood, Saint Paul, and White Bear Lake sign agreements to consolidate their PSAP/Dispatch Centers with the County’s PSAP/Dispatch Center, the Committee is to be made up of the following elected officials: 1.The Ramsey County Sheriff 2.Four members of the Saint Paul City Council 3.The Mayor of the City of Saint Paul 4.The Mayor or one member of the Maplewood City Council 5.The Mayor or one member of the White Bear Lake City Council 6.Two elected representatives of the other cities in Ramsey County that do not operate independent PSAP/Dispatch Centers and that sign agreements with Ramsey County to receive dispatching services from the Dispatch Center, to be selected in a manner to be determined by the involved cities. b.If either the City of Maplewood or the City of White Bear Lake does not sign an agreement to consolidate its PSAP/Dispatch Center with the County’s PSAP/Dispatch Center, the number of Saint Paul City Council members will be reduced by one. If both the City of Maplewood and the City of White Bear Lake do not sign agreement to merge their PSAP/Dispatch Centers with the County’s PSAP/Dispatch Center, the number of Saint Paul City Council members will be reduced by two. c.If the individual appointed to the Committee leaves the elected office, the public entity’s elected officials will be responsible for appointing a replacement representative in a timely fashion. d.Committee members shall be appointed by the jurisdiction they represent for such period of time as determined by each jurisdiction. CAD and Mobile Data Agreement Ramsey County and User Members Page 41 of 48 Exhibit 2 System User Agreement 1.All users of the CAD, Mobile Data and AVL Systems (“System Users”) have the responsibility to use these resources in a secure, efficient, effective, ethical and lawful manner. 2.The following policies, rules and conditions apply to all System Users. 2.1 Each System User WILL: 2.1.1 Use passwords and security devices provided at all times. 2.1.2 Safeguard his/her password or passwords from discovery by others. System Users are responsible for all transactions made using their passwords. 2.1.3 Assist in the duty to maintain the privacy and confidentiality of Protected Data. For the purposes of this Agreement, Protected Data means "not public data", defined under the Minnesota Government Data Practices Act, Section 13.02, Subdivision 8a. 2.1.4 Comply with all software licenses, copyrights and all other state and federal laws governing intellectual property. 2.1.5 Report any weaknesses in computer security, any incidents of possible misuse or violation of this System User Agreement to the proper authorities by contacting ______________ (name, phone number and email address). 2.2 Each System User will NOT: 2.2.1 Install or use software programs or hardware devices that attach to the CAD System, the Mobile Data System and the AVL System that are not authorized by the Party that has permitted use by the System User. 2.2.2 Download, install or run programs or utilities that create weaknesses in the security of the CAD System, the Mobile Data System and/or the AVL System. 2.2.3 Attempt to access any data or programs contained on or accessible through the CAD System, the Mobile Data System and the AVL System for which he/she does not have authorization. 2.2.4 Purposely engage in activity with the intent to: degrade the performance of the CAD System, the Mobile Data System and the AVL System; deprive an authorized System User access to a resource; obtain extra resources beyond those allocated; or circumvent security measures. 2.2.5 Knowingly create, transmit, or store destructive programs (e.g., viruses and self-replicating code). 2.2.6 Forward any communications that specifically prohibit dissemination, without permission of the originator. CAD and Mobile Data Agreement Ramsey County and User Members Page 42 of 48 2.3 Each System User understands that: 2.3.1 The County may monitor any and all aspects of the CAD System, the Mobile Data System and the AVL System to ensure compliance with the terms of this System User Agreement. 2.3.2 There is no expectation of privacy in anything the System User creates, sends or receives on the CAD System, the Mobile Data System and the AVL System. 2.3.3 The software and accounts are provided by the County only to assist System Users in performance of their legitimate job-related duties. I, ______________________________ of ______________________________ acknowledge, by my signature below, that I have read and understand and agree to comply with the provisions of this System User Agreement. ________________________________________ Date: ___________________ CAD and Mobile Data Agreement Ramsey County and User Members Page 43 of 48 Exhibit 3 TriTech Software Support Agreement Following is an excerpt from the TriTech Software Support Agreement (pages 24-26). The remainder of the TriTech Software Support is incorporated herein and made a part of this Agreement by reference. Inform CAD, Mobile, Browser, Interface, IQ, and GIS Link Response Matrix If the Client wants an acknowledgement, a tracking number to validate Priority 3 and 4 issue submissions outside of business hours, such issues need to be entered via the web portal: Support@TriTech.com. When using the web portal, such acknowledgements are sent via automated e-mail within two (2) hours to the individual within the submitted ticket. Priority Issue Definition Response Time Priority 1 – Critical Priority 24x7 Support for live operations on the production system: A system down event which severely impacts the ability of Users to dispatch emergency units. This is defined as the following: •Inform CAD, Inform Mobile, or Interfaces are down as further defined in the Special Note #1 below. •Critical servers inoperative, as listed in Special Note #1. •Complete interruption of call taking and/or dispatch operations •Loss of data & data corruption This means one or more critical server components are non-functional disabling Inform CAD or Inform Mobile workstations. These Software Errors are defined in Special Note #1, below. Normal Customer Services Hours: Telephone calls to 800. 987.0911 will be immediately answered and managed by the first available representative but not longer than 5 minutes. After Normal Customer Services Hours: Thirty (30) minute callback after client telephone contact to 800. 987.0911. Priority 1 issues must be called in via 800. 987.0911 in order to receive this level of response. Priority 2 – Urgent Priority 24x7 Support for live operations on the production system: A serious Software Error with no workaround not meeting the criteria of a Critical Priority, but which severely impacts the ability of Users to enter incoming calls for service and/or dispatch emergency units. Such errors will be consistent and reproducible. A significant number of the Inform CAD or Inform Mobile workstations are negatively impacted by this error (e.g., does not apply to a minimal set of Inform CAD or Inform mobile workstations). These Software Errors are defined in more detail in Special Note #2, below. Normal Customer Services Hours: Telephone calls to 800. 987.0911 will be immediately answered and managed by the first available representative but not longer than 5 minutes. After Normal Customer Services Hours: One (1) hour callback after client telephone contact to 800. 987.0911. Priority 2 issues must be called in via 800. 987.0911 in order to receive this level of response. CAD and Mobile Data Agreement Ramsey County and User Members Page 44 of 48 Priority Issue Definition Response Time Priority 3 - High Priority Normal Customer Services Hours Support: A Software Error not meeting the criteria of a Critical or Urgent Priority, has a workaround available, but which does negatively impact the User from entering incoming calls for service and/or dispatching emergency units. Such errors will be consistent and reproducible. A significant number of Inform CAD or Inform Mobile workstations are negatively impacted by this error (e.g., does not apply to a minimal set of workstations). Normal Customer Services Hours: Telephone calls to 800. 987.0911 by the first available representative but not longer than 5 minutes after the initial phone call. After Normal Customer Services Hours: This priority of issue is not managed after hours. Priority 4 – Medium Priority Normal Customer Services Hours Support: A Software Error related to a user function which does not negatively impact the User from entering incoming calls for service and/or dispatch emergency units. This includes system administrator functions. Normal Customer Services Hours: Telephone calls to 800. 987.0911 will be answered and managed by the first available representative but not longer than 5 minutes after the initial phone call. After Normal Customer Services Hours: This priority of issue is not managed after Hours. Priority 5 – Low Priority Normal Customer Services Support: Cosmetic or Documentation errors, including Client technical questions or usability questions. Normal Customer Services Hours: Telephone calls to 800. 987.0911will be answered and managed by the first available representative but not longer than 5 minutes after the initial phone call After Normal Customer Services Hours: This priority of issue is not managed after hours. Priority Resolution Process Resolution Time Priority 1 – Critical Priority TriTech will provide a procedural or configuration workaround or a code correction that allows the Client to resume live operations on the production system. TriTech will work continuously (including after hours) to provide the Client with a solution that allows the Client to resume live operations on the production system. TriTech will use commercially reasonable efforts to resolve the issue as soon as possible and not later than 12 hours after notification. Priority 2 – Urgent Priority TriTech will provide a procedural or configuration workaround or a code correction that allows the Client to resume normal operations on the production system. TriTech will use commercially reasonable efforts to resolve the issue as soon as possible and not later than 36 hours after notification. Priority 3 - High Priority TriTech will provide a procedural or configuration workaround that allows the Client to resolve the problem. TriTech will work to provide the Client with a resolution which may include a workaround or code correction within a timeframe that takes into consideration the impact of the issue on the Client and TriTech’s User base. Priority 3 issues have priority scheduling in a subsequent release. Priority 4 – Medium Priority If TriTech determines that a reported Medium Priority error requires a code correction, such issues will be addressed in a subsequent release when applicable. TriTech will work to provide the Client with a resolution which may include a workaround or code correction in a future release of the software. Priority 4 issues have no guaranteed resolution time. CAD and Mobile Data Agreement Ramsey County and User Members Page 45 of 48 Priority Resolution Process Resolution Time Priority 5 – Low Priority Low Priority issues are logged by TriTech and addressed at the company's discretion according to TriTech's roadmap planning process. There is no guaranteed resolution time for Low Priority issues. Special Note #1: Priority 1 - Critical Priority issues meeting the previously noted criteria are defined as follows: A. Inform CAD: a.The Inform CAD System is down and all workstations will not launch or function. b.The Inform CAD System is inoperable due to data corruption caused by TriTech Software. c.The Inform CAD Reporting and Archiving Server is down and the system is configured to use the Reporting Server for dispatching functions (e. g., Premise History). d.Law enforcement users are unable to send or receive justice queries (this priority applies if the functionality is available through no other available methods). B. Inform Mobile: a.The Inform Mobile System is down and all unit mobile devices are unable to log in or function. b.The Inform Mobile System is inoperable due to data corruption caused by TriTech Software. c.Law enforcement users are unable to send or receive justice queries (this priority applies if the functionality is available through no other available methods). C. Inform Browser, Inform IQ and GISLink: a.There are no Critical Priority (Priority 1) issues for these products. Special Note #2: Priority 2 - Urgent Priority issues, meeting the previously noted criteria, are defined as follows: A. Inform CAD: a.Inform CAD users are severely impacted due to one of the following conditions: i.Unable to enter new requests for service via the emergency or scheduled call-taking screen (using all available methods). ii.A user is unable to verify an address from within the emergency or scheduled call-taking screen. iii.The inability to view/edit premise or caution note information. iv.The inability to send and receive text messaging (within CAD, CAD to Mobile, or Mobile to Mobile). v.The system does not perform unit recommendations. vi.Inability to assign a unit to an incident (using all available methods). vii.Inability to change a unit’s status (using all available methods). viii.Inability to close an incident (using all available methods). ix.Inability to view incident information needed to dispatch an incident (using all available methods). B. Inform Mobile: a.Inform Mobile users are severely impacted due to one of the following conditions: i.Inability to receive new requests for service from TriTech CAD (using all available methods). ii.Inability to view incident information needed to dispatch an incident (using all available methods). iii.The inability to send and receive text messaging (within CAD, CAD to Mobile, or Mobile to Mobile). iv.Inability to enter a traffic stop or on-view incident. v.The inability to view premise or caution note information. C. Inform CAD/Mobile Interfaces: a.An Inform CAD Station Alerting Interface is down or Inform CAD Station Alerting Interface repeatedly fails to process a station alert, as part of a unit assignment, or if there is a reoccurring significant delay in the interface processing a station alert as part of a unit assignment (once it is diagnosed that is not being caused by the station alerting system). b.An Inform CAD Paging Interface is down. c.An interface used for personnel rostering is down. d.A CAD-to-CAD interface is down or repeatedly fails to process information into an incident. e.An Inform CAD Paging Interface repeatedly fails to process a unit alert as part of a unit assignment. f.An ANI/ALI interface repeatedly fails to process information into an incident. g.An interface to an external rostering system used to logon units is down. CAD and Mobile Data Agreement Ramsey County and User Members Page 46 of 48 h.An AVL interface fails to process updates for over 50% of units. i.A mobile interface (MDT or MDC) repeatedly fails to process incident or status change information. j.A Standard CAD to External System Incident Data Transfer Interface License (RMS) is down. D. Inform IQ, Browser and GISLink: a.There are no Urgent Priority (Priority 2) issues for these products. Additional Information: •Disaster Recovery and Training CAD/Mobile Systems do not generally qualify for after Normal Customer Services Hours support. This would change if the Production System has failed over to the Disaster Recovery System or following a test failover, and it is inoperable for more than one (1) business day, TriTech will work to resolve the problem. A. Modifications to installed TriTech CAD/Mobile Licensed Software that operates with State and National Criminal Justice Information Systems (State CJIS/NCIC) systems to accommodate Government Mandated Changes dictated by State and Federal agencies having authority over these programs. CAD and Mobile Data Agreement Ramsey County and User Members Page 47 of 48 Exhibit 4 Functions Supported by Disaster Recovery and Continuity of Operations Services The following applications and functions will be maintained by the County in a Disaster Recovery Environment. This list can be amended through the process defined in section 9 “System Modifications Approval Process.” •TriTech Inform CAD •TriTech Inform Mobile •Fire Alerting •Alphanumeric Paging Module •RMS interfaces owned by the County CAD and Mobile Data Agreement Ramsey County and User Members Page 48 of 48 REQUEST FOR COUNCIL ACTION The City That Soars! Item Approve Contract with Element Materials Technology to Complete 2014-2018 CIP Soil Borings Description To continue developing the City’s five year Capital Improvement Plan, City staff requested quotes for soil borings on streets currently identified for improvements in the next five years. The soil borings will provide information on the existing pavement section and underlying soils. The additional information, together with the pavement condition ratings (PCIs), will allow staff to better evaluate street condition and determine the appropriate time to program the streets. Budget Impact Two quotes were received from Element Materials Technology ($5,850) and American Engineering Testing ($6,650.) The costs for soil borings will be assessable as part of engineering and design costs for the future street improvement projects. Attachment N/A Action(s) Requested Approve contract with Element Materials Technology to complete 2014-2018 CIP soil borings. Meeting Date December 11, 2013 Agenda Item Consent F12 Attachment N/A Submitted By Kristine Giga, Civil Engineer Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Description Recognition of 2013 Adopt-A-Crop Participants Background For the past several years, residents of Falcon Heights and surrounding communities have donated excess home-grown produce to City Hall. The produce is then taken by City staff to Keystone Community Food Shelf in Roseville where it is distributed to families facing economic crisis in Ramsey County. This year’s donations included squash, tomatoes, apples, peppers, leeks, herbs, and many others, and were brought in by the following individuals: Tom Staffa 966 Lois Braun 141 Hewitt White 98 Roxie Johnson 62 Sue Johnson 57 Jenny Martineau 37 Julie Heyd 37 Joan Gennaro 11 William Simmons 11 FH Parks & Rec 10 Karen Kloser 10 John Pellegrini 8 Janet Jacobson 5 Mary Volk 5 Total Pounds Donated 1,458 Budget Impact N/A Attachment(s) N/A Action(s) Requested No action is required. This is being provided simply as an update to the Council and to provide recognition of the people who generously donated to this cause. Meeting Date December 11, 2013 Agenda Item Consent F13 Attachment N/A Submitted By Bart Fischer, City Administrator Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Description Contract for Purchase of a Fire Truck with Pierce Manufacturing Background The bids for the ladder fire truck were received through the HGAC Purchasing Consortium the City joined a few weeks back in anticipation of purchasing the truck. The initial cost of the truck came in at $767,593.00 from Pierce Manufacturing. The Fire Chief has indicated that Pierce is a good company to work with. Also, the City Attorney has dealt with Pierce in other cities he represents and indicates they are a reputable company. The Attorney has worked with Pierce legal counsel on the contract. Pierce has also presented a full prepayment option. If the City were to pre pay for the truck, Pierce would provide a discount of $29,658 bringing the total of the truck to $737,935. At a recent Council Workshop, Council directed staff to move forward with this option. This option is included in the agreement. Staff recommends approval of the Contract for Purchase of a Fire Truck with Pierce Manufacturing Budget Impact Bonds have been sold to pay for the fire truck and payment of these bonds has been budgeted/accounted for in future budgets. Attachment(s) Contract for Purchase of Fire Truck Action(s) Requested Approval of the Contract for Purchase of a Fire Truck with Pierce Manufacturing and authorizing the Mayor, City Administrator and appropriate staff to sign the contract and make payment on fire truck 757. Meeting Date December 11, 2013 Agenda Item Consent F14 Attachment Contract for Purchase of Fire Truck Submitted By Bart Fischer, City Administrator Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item Transfer of Funds from TIF District # 1-2 (412) to Community Development Fund (208) Description Ehlers Associates, our financial advisor prepares for the City the annual TIF reports. In TIF district # 1-2, $48,418 has been identified as non-tax increment funds due to changes in reporting requirements with the State Auditor’s Office. The funds are a result of interest revenue earned prior to July 1, 1997, which is defined as non- increment in the TIF law. As this TIF district closes out, we need to transfer out these non-tax increment funds. Staff recommends transferring this non tax increment revenue to the Community Development Fund before the end of the year. Staff also recommends setting up budget line items for this transfer: TIF District # 1-2 (412) Establish budget expenditure line item 412-4412-97000 for $49,000. Actual expenditure will be $48,418. Community Development Special Revenue Fund (208) Establish budget revenue line item 208-000-39200 for $49,000. Actual revenue will be $48,418. Budget Impact Transfer of funds as explained above and setting up of budget line items. Attachment(s) N/A Action(s) Requested Staff recommends a transfer of funds from the TIF District # 1-2 Fund (412) to the Community Development Special Revenue Fund (208) and setting up budget line items. Meeting Date December 11,2013 Agenda Item Consent F15 Attachment N/A Submitted By Roland Olson, Finance Director Reviewed by Shelly Eldridge, Ehlers & Associates Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Description Agreement for Fire Service between the City of Falcon Heights and the City of Lauderdale Background The agreement between the City of Falcon Heights and the City of Lauderdale to provide fire services to Lauderdale needs to be amended to include the capital share payment from Lauderdale to Falcon Heights for the replacement of Fire Truck 757 (ladder truck). The City Attorney and staff have reviewed this agreement and feel it is fair to all parties. Staff recommends approval of the agreement. Budget Impact All expenditures and costs associated with the Lauderdale Fire Agreement are accounted for in future Fire Department budget forecasts. Attachment(s) Agreement for Fire Service between the City of Falcon Heights and the City of Lauderdale Action(s) Requested Approval of the Agreement for Fire Service between the City of Falcon Heights and the City of Lauderdale and authorizing the Mayor and City Administrator to sign and execute all documents associated with the agreement. Meeting Date December 11, 2013 Agenda Item Consent F16 Attachment Agreement for Fire Service between the City of Falcon Heights and the City of Lauderdale Submitted By Bart Fischer, City Administrator Families, Fields and Fair __________________________ AGREEMENT FOR FIRE SERVICE BETWEEN THE CITY OF FALCON HEIGHTS AND THE CITY OF LAUDERDALE AGREEMENT MADE this ________day of ______________, 2013 by and between the City of Falcon Heights, a Minnesota municipal corporation (“Falcon Heights”), and the City of Lauderdale, a Minnesota municipal corporation (“Lauderdale”). WHEREAS, the parties hereto are parties to a previous agreement dated December 14, 2005 relating to the furnishing of fire service by Falcon Heights to Lauderdale; and WHEREAS, the parties wish to make this Agreement for the continued provision of fire service by Falcon Heights to Lauderdale in accordance with the terms and provisions hereinafter set forth; and WHEREAS, Falcon Heights is authorized by prior action of the City Council pursuant to Minnesota Statutes § 438.08 to provide fire service outside the limits of Falcon Heights; and WHEREAS, Minnesota Statutes § 438.09 authorizes municipalities to contract with other municipalities providing fire services as authorized under Minnesota Statutes § 438.08 to contract for compensation for services rendered; and WHEREAS, Falcon Heights and Lauderdale are adjacent communities and Falcon Heights has the means and ability to provide fire protection services for Lauderdale, while at the same time providing adequate fire services within the City of Falcon Heights. NOW, THEREFORE, the parties hereto agree as follows: 1.SERVICES. Falcon Heights shall provide the following services to Lauderdale: a.Fire Services. Falcon Heights shall furnish fire protection services to all property located within Lauderdale. Falcon Heights shall respond to all fires in Lauderdale with the same level of service and effort as it does in Falcon Heights whenever Falcon Heights is notified of such fire. b.Routine Fire Inspection Services. Falcon Heights shall provide routine fire inspection services. The services shall include routine annual inspections of all day care facilities, multi-family residential structures with three or more units, and commercial and industrial structures, and one follow-up inspection per structure. c.Non-routine Fire Inspection Services. Falcon Heights shall provide additional fire inspection services necessitated by particular fire code concerns, complaints, or the need for more than one follow-up inspection. 2.COMPENSATION. For the services provided herein by Falcon Heights, Lauderdale shall pay Falcon Heights the sum of the following: Doc. #172282v.1 RNK: 9/6/2013 1 a.A readiness-to-serve factor equal to a base rate sum computed by multiplying the previous year’s fair market value of all property in Lauderdale, times a standard multiplier of .00009723. b.Charges for service will be based upon a charge for each truck according to the call time as outlined in Appendix A. The fee shall be based on the budgeted costs for operating the Fire Department. Falcon Heights shall provide Lauderdale with a preliminary estimated cost by September 1st and a final estimated cost which is no more than three percent (3%) greater than the preliminary cost, by September 30th of each year. c.A fee for fire prevention services based upon the fire inspector’s hourly rate and mileage and an estimated number of hours of fire prevention inspection activities and associated work will be calculated for the coming year. Any fire prevention services provided that exceed the number of estimated hours will be charged on an “as needed” basis and be pro-rated using the fire inspector’s hourly rate and mileage. d.It shall be the responsibility of Lauderdale to recover or pay for any HAZMAT costs incurred in Lauderdale. e.Lauderdale shall make payment to Falcon Heights based on the rates and charges established by Falcon Heights for each calendar year. Falcon Heights shall bill Lauderdale monthly for services received. The bill shall be submitted within thirty (30) days after the end of the month. Lauderdale shall pay on a monthly basis on or before the 1st day of each month. f.The City of Lauderdale shall pay a capital share for fire truck replacement of Truck 757 commencing in 2014 and continuing through 2023, of $2,250 per year, as outlined in Appendix B. 3.EFFECTIVE DATE AND TERM. This Agreement shall apply to services rendered and shall continue in force until modified or terminated by agreement of the parties or until termination by either party. This Agreement may be severed by either party by notifying the other party’s City Administrator with a written notice of termination on or before July 15th of the calendar year of the party’s intent to terminate the contract no earlier than midnight, December 31st of that same calendar year or after December 31st of that calendar year as identified in the notification of termination. 4.LIABILITY. Falcon Heights shall not be liable to Lauderdale or any other person or party for loss or damage of any kind whatever resulting from any failure to prevent, control or extinguish any fire, or prevent any personal injury, unless such loss or damage or injury is caused by the gross negligence of Falcon Heights. Lauderdale shall indemnify and hold harmless, and defend Falcon Heights, its officials and employees against any and all liability, loss, costs, damages, expenses, claims or actions arising out of or by reason of the failure of the Falcon Heights’s Fire Department to attend a fire, or to put out a fire or for Doc. #172282v.1 RNK: 9/6/2013 2 damage to property caused by a fire in Lauderdale, except for claims arising as a result of gross negligence by the Falcon Heights’s Fire Department in the execution, performance, or failure to adequately perform the Falcon Heights’s obligations pursuant to this Agreement. 5.INDEMNIFICATION. Except as provided in Paragraph 4 above, each City shall be liable for its own acts and the results thereof to the extent provided by law and agrees to defend, indemnify and hold harmless each other (including their officials, employees, volunteers and agents), from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorney’s fees, resulting directly or indirectly from any act or omission of the party, anyone directly or indirectly employed by it, and/or anyone for whose acts and/or omissions it may be liable, in the performance or failure to perform its obligations under this Agreement. Each city’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statutes § 471.59, subd. 1.a. and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in Minnesota Statutes § 466.04, subd. 1(a). a.Insurance. Each City warrants that it has a purchased insurance or has a self- insurance program. b.Duty to Notify. Each City shall promptly notify the other of any claim, action, cause of action or litigation brought against the party, its employees, officers, agents or subcontractors, which arises out of the services contained in this Agreement and should also notify the other cities whenever any city has a reasonable basis for believing that the city, and/or its employees, officers, agents or subcontractors, and/or the other cities might become the subject of a claim, action, cause of action or litigation arising out of the services contained in the Agreement. 6.STATE AID. Pursuant to the authority granted in Minnesota Statutes § 69.011, et. seq. and in particular Minnesota Statutes § 69.021, Subd. 7, Falcon Heights shall, for the purposes of calculating fire state aid, be entitled to include the population and net tax capacity of Lauderdale in the area for which it furnishes fire protection service and two duly executed copies of this contract shall be filed by Falcon Heights with the Minnesota Commissioner of Revenue, who will in turn, forward one copy of the contract to the Ramsey County Auditor. 7.FIRE INCIDENT INSPECTIONS. Fire inspections carried out by the Fire Chief or his or her authorized personnel, including the fire inspector, as part of a fire incident shall be considered as part of over-all fire department services covered by this contract and no separate charge shall be made for these inspections. 8.MONTHLY REPORTS. Falcon Heights shall provide monthly fire report summaries within thirty (30) days after the end of the month. Falcon Heights shall provide special fire reports upon Lauderdale’s request. Doc. #172282v.1 RNK: 9/6/2013 3 9.COMMUNICATION. Falcon Heights shall make every reasonable effort to notify Lauderdale of a major fire or related incident in a timely way on the first business day following the incident. 10.MUTUAL AID. Falcon Heights shall, in providing the services under this Agreement, utilize the mutual aid assistance available to it pursuant to various mutual aid agreements with other governmental units while serving Lauderdale including the authority to request assistance from a HAZMAT unit when the situation warrants it. 11.MINNESOTA GOVERNMENT DATA PRACTICES ACT. All data collected, created, received, maintained, or disseminated, in any form, for any purposes because of this Agreement is governed by the Minnesota Government Data Practices Act (Minnesota Statutes, Chapter 13 and related statutes), as amended, the Minnesota Rules implementing such Act, as amended, as well as Federal Regulations on data privacy. The person responsible for release of all data under this Agreement shall be identified by each party. IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth below. CITY OF FALCON HEIGHTS CITY OF LAUDERDALE By: By: Peter Lindstrom, Mayor Jeffrey E. Dains, Mayor By: By: Bart Fischer, City Administrator Heather Butkowski, City Administrator Date: ________________________, 2013 Date: _______________________, 2013 Doc. #172282v.1 RNK: 9/6/2013 4 APPENDIX A Response to fire calls and false alarms 0-45 Minutes 46-120 Minutes 121-360 Minutes Over 360 Minutes (Extreme) Fire Call (per truck) $457.68 $457.68 $893.83 $1,420.03 Identified False Alarm (per call) $228.85 $457.68 Not Applicable Not Applicable Doc. #172282v.1 RNK: 9/6/2013 5 Appendix B Lauderdale Capital Payment for Truck 757 Year Payment Amount 2014 $2,250 2015 $2,250 2016 $2,250 2017 $2,250 2018 $2,250 2019 $2,250 2020 $2,250 2021 $2,250 2022 $2,250 2023 $2,250 Total $22,500 Doc. #172282v.1 RNK: 9/6/2013 6 REQUEST FOR COUNCIL ACTION The City That Soars! Item Budget amendments for year end. Description Sometimes, at the end of the year, budget amendments need to be made to improve the financial statements for year end. Staff recommends the following amendments: Recycle Fund (206): The city was able to obtain a bulky waste grant during 2013, which Council approved. Staff recommends establishing a separate bulky waste revenue budget line item for $40,000 and a separate bulky waste budget expenditure line item for $40,000. Rev: 206-000-33611 for $40,000 Exp: 206-4206-82040 for $40,000 Community Development Fund (208). The Hermes site development resulted in additional reimbursable expenses, such as attorney fees. Staff recommends establishing a separate budget revenue line item for $8,000 and increasing the “Other Professional Services” budget expenditure line item by $8,000. Rev: 208-000-36500 for $8,000 Exp: 208-4028-81900 for $8,000 Street Lighting (209). During 2013 LED lights were installed in the City Hall parking lot and outside the perimeter of City Hall, along with repairs on City owned street lights. This resulted in the need to add $8,000 in budgeted expenditures to the repair and maintenance budget line item. Recommend increasing $8,000 to budget line item 209-4209-87120. General Capital Fund (401). Additional Windows 7 software was installed for the front office computers and also additional financial accounting software needed to be purchased. Recommend increasing the machinery & equipment budget line item (401-4401-91000) by $4,000. Public Safety Capital (402). The Fire Department obtained a FEMA grant worth $176,378 which required City-matched funds. This grant had been previously approved by the City Council. Recommend establishing a budgeted revenue line item for the FEMA grant of $177,000 (402-000-33620) and a budget line item for the expenditures that included city matching funds totaling $186,000 (402-4402-91700). Meeting Date December 11, 2013 Agenda Item Consent F17 Attachment N/A Submitted By Roland Olson, Finance Director Families, Fields and Fair __________________________ TIF District # 1-2 Capital Fund. In the process of spending the balance of the fund for storm water and street improvements in 2013, the budget line item (412-4412- 92010 2013-storm water and street improvements) needs to be increased by $100,000. Budget Impact Establish and amend budget line item amounts as listed above. Attachment(s) N/A Action(s) Requested Staff recommends establishing and amending the budget line items as recommended above. These are basic bookkeeping entries to improve the financial statements for end of year. REQUEST FOR COUNCIL ACTION The City That Soars! Item City Commission Appointment Description I recommend Amino Mohamed be appointed to the Falcon Heights Human Rights Commission. Budget Impact N/A Attachment(s) Amino Mohamed’s application. Action(s) Requested Approval of the above appointment. Meeting Date December 11, 2013 Agenda Item Consent F18 Attachment Application Submitted By Mayor Peter Lindstrom Families, Fields and Fair __________________________ Your Site has received new information through a form. Form: City Commission Application Site URL: www.falconheights.org ------------------------------------------------- Date: 6/3/13 Name: Amino Mohamed Street Address: _______________City, State, Zip Code: ________________ Phone Number: ________ Additional Phone Number: _____________ Email: _______________ How Long at Above Address?: 8 years In Which Capacity Would You Like to Serve?: I would like to serve the great community that I live in.I want to work with other members of the human rights commission for the best interest for the residents of Falcon heights. What is the Reason You Would Like to Serve?: I like to serve because I like helping my community and address their issues so that they can live safely and feel that they are welcome in Falcon heights. List Prior (Previous) Public Service: No, I don't have any prior public service experience. Other Relevant Background (Other Comments): I'm a mother of four children.I'm a nursing student and I lived in Mn since 1999. Do Not Click Reply - This e-mail has been generated from a super form. REQUEST FOR COUNCIL ACTION The City That Soars! Item City Commission Appointment Description I recommend Deborah Alexander be appointed to the Falcon Heights Planning Commission. Budget Impact N/A Attachment(s) Deborah Alexander’s application. Action(s) Requested Approval of the above appointment. Meeting Date December 11, 2013 Agenda Item Consent F19 Attachment Application Submitted By Mayor Peter Lindstrom Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item City Commission Appointment Description I recommend David Murphy be appointed to the Falcon Heights Planning Commission. Budget Impact N/A Attachment(s) David Murphy’s application. Action(s) Requested Approval of the above appointment. Meeting Date December 11, 2013 Agenda Item Consent F20 Attachment Application Submitted By Mayor Peter Lindstrom Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item Approve Amended Rental License Ordinance Description At the December workshop, Council discussed revising the Rental License Ordinance to prevent incompliance from landlords/owners. Staff advised that penalties and enforcement is lacking from the current City Code. Council agreed it was a good decision to tighten the ordinance to prevent incompliances. City Attorney, Roger Knutson is working on the final revisions of the ordinance. The ordinance will be provided once the final draft is received from the City Attorney. These changes to the Rental License Ordinance need to be made before the end of the year so rental license renewals can be sent out for 2014. Budget Impact N/A Attachment(s) Amended Rental License Ordinance – to be included once final draft is received from City Attorney. Action(s) Requested Staff recommends that the Falcon Heights City Council approve the amended Rental License Ordinance. Meeting Date December 11, 2013 Agenda Item Policy G1 Attachment Amended Rental License Ordinance-to be included once final draft is received from City Attorney Submitted By Michelle Tesser, Assistant to the City Administrator Families, Fields and Fair __________________________