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HomeMy WebLinkAboutAgenda Packets - 2013/12/02CITY OF MOUNDS VIEW CITY COUNCIL WORK SESSION AGENDA MOUNDS VIEW CITY HALL Monday, December 2, 2013 7:00 p.m. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller • is ul=0i Citizens may speak to issues not on tonight's agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. Agenda Items Discussed by Consensus Presentation by Ramsey County Sheriff Matt Bostrom 2. Presentation by Metro Cities Executive Director Patricia Nauman Review Proposed Changes to the Joint Powers Agreement and Fire Services Contract Relating to Providing Fire Response to the Anoka County / Blaine Airport 4. Discussion of Computer Aided Dispatch (CAD) and Mobile Data agreement with Ramsey County Emergency Communications Director Scott Williams Discuss Public Works Restructuring Next Work Session: Monday, January 6, 2013, at 7pm Next City Council Meeting: Monday, December 9, 2013, at 7pm rg Department Memorandum J 1F'NOUNGZ To: Jim Ericson, Mounds View City Administrator Mounds View City Council From: Chief Zikmund Re: Contract and JPA Amendment Date: November 4, 2013 t k -m Background: The Spring Lake Park Fire Department Inc. has provided fire response and emergency services to the Metropolitan Airports Commission (MAC) specific to their Anoka County Reliever Airport (Jane's Field) since 1952. Similar to the services provided to the city, this has been done on a contractual basis. From 1952 to 1995 MAC paid a monthly stipend to the Fire Department which in turn was used to reduce the overall operating budget. From 1996 to 2012 MAC proposed payment in the form of a fire engine which they specified and purchased and then deeded over to the Joint Powers Agreement. This in effect reduced the cities capital budget. The engine (Engine 5) remains in service, is the reserve engine, and has a useful life in that role for at least another decade. 2012 to Current: Due to several land, recreation and developmental issues with the airport, and given their location is wholly surrounded by the City of Blaine, MAC advocated for a new model when future contract negotiations began back in 2011. MAC was seeking a more global solution that encompassed the land, recreation and development issues with the City of Blaine along with the fire protection services. Upon conclusion of the negotiations, which were formally agreed to via a memorandum of understanding in December2011/January 2012; the fire component of the agreement was settled at $24,000 a year plus service fees if any emergency lasted longer than a stated duration of time. The agreement/contract duration is 10 years; thus runs through 2021, expiring December 31, 2021. This represents approximately a 10% increase over the past contract plus the security of the new provision which allows additional billing for significant events such as large wildland fires. As in the past, this revenue will be used to reduce the overall operating budget of the fire department. Action Needed: The Fire Contract with the cities specifically excluded coverage and response to the Airport as the Fire Department held a separate contract. The new agreement is between MAC and the City of Blaine which requires and compels Blaine to assure and fund the fire protection as part of their global agreement. Thus, the exclusion needs to be removed. Amend the contract to eliminate the exclusion of MAC. Amend the Joint Powers Agreement also as it contains similar exclusionary language. Additional Contract Changes Needed: Since original adoption of the new contract in 1994 we have only amended it once; a change in 1996 to reduce the number of trained volunteer firefighters from 80 to 60. This was done to reflect the trend and current practice at the time. Similarly, we need to change the contract to eliminate the word volunteer as we do have 60 trained firefighters, but all are not volunteer with the addition of full time staff and city responders. We are also cleaning up the mutual aid language in the contract as a recent state statutory change (Chapter 12) provides the necessary liability provisions statewide for any mutual aid response. These two changes are best described as technical in nature and we recommend adoption. Fire Board: At their October 24, 2013 meeting, the Board of Directors of the fire department adopted a motion to authorize President Tim Hill to sign the amendment conditional upon all three cities also executing a similar action. AMENDMENT TO CONTRACT TO FURNISH FIRE PROTECTION IT t2 , MIT THIS AMENDMENT, MADE THIS day of 2013, by and between the Cities of Blaine, Mounds View, Spring Lake Park, hereinafter collectively the "Cities" and the Spring Lake Park Fire Department (hereinafter the "Fire Department"), amends the contract to furnish fire protection services "Contract" dated on or about February 17, 1994, and previously amended on dates. WITNESSETH: WHEREAS, pursuant to said Contract the Fire Department agreed to provide fire protection services within the geographic limits of the Cities, but not including Metropolitan Airports Commission property located in Blaine. WHEREAS, this Amendment is intended for the Fire Department to now provide fire protection services to the Metropolitan Airports Commssion property located in Blaine, and to clarify the number of trained fire fighters the Fire Department will maintain. NOW THEREFORE, the Cities of Blaine, Mounds View, Spring Lake Park, and the Fire Department agree as follows: 1. The Cities warrant that the recitations set forth above are incorporated herein as if fully set for and are apart of this Amendment. 2. Other than as expressly set forth herein, the terns of the Contract between the parties shall remain in full force and effect. 1 3. Article 2- Section 2.1 of the Contract shall be amended to read as follows: The Fire Depaiment agrees to answer all calls for fire protection and related emergency services by sending out fire fighting equipment and personnel as soon as practical to such areas within the geographic limits of the Cities, including Metropolitan Airports Commission property, as designated by the official maps of the Cities, as requested by property owners in or residents of the Cities. 4. Article 2- Section 2.3 of the Contract shall be amended to read as follows: The Fire Department agrees to furnish fire service protection and personnel and such related emergency services as requested by property owners in or residents of the Cities for the consideration set forth below, and agrees that its firefighters will make every reasonable effort to attend all fires and realted emergency occurrences when notified thereof. Provided, however, in the event the fire fighting equipment or some part thereof with attending personnel is engaged in fighting fires or in response to emergency calls within the Cites or is engaged pursuant to the Fire Department's agreements with the Metropolitan Airports Commission or other mutual aid agreements with other communities, said Fire Department will respond to the call as soon as practical. The judgment of the Fire Chief, or the officer -in -charge of the Fire Department shall be final. Provided father, that road and weather conditions are such that the fire run can be made with reasonable safety to the personnel and equipment of said Fire Department. 5. Article 3 — Section 3.4 of the Contract shall be amended to read as follows: The Fire Department agrees to maintain a minimum complement of 60 trained firefighters. In the event that sufficient firefighters cannot be recruited and maintained overall or at any stations, the Fire Department shall notify the Cities and, thereafter, the parties shall mutually develop a 2 solution. 6. This Amendment expands the Fire Departments protection services to include the Metropolitan Airports Commission Property located in Blaine. Payment for such services shall occur pursuant to the Fire Contract between Blaine and MAC and as approved in the Addendum to the Joint Powers Agreement between the Cities entered into on even date herewith. IN WITNESS WHEREOF, we have set our hands and seals. CITY OF BLAINE: Bv: Bv: Tom Ryan, Mayor Clark Arneson, City Manager CITY OF SPRING LAKE PARK By: Mayor CITY OF MOUNDS VIEW By: Mayor City Clerk/Administrator SPRING LAKE PARK FIRE DEPARTMENT INC. President By: City Clerk -Treasurer Secretary 3 OF FIRE PROTECTION SERVICES THIS ADDENDUM, MADE THIS day of 2013, by and between the Cities of Blaine, Mounds View, and Spring Lake Park, collectively herein "Cities", each said City being a Municipal Corporation under the laws of the State of Minnesota. WITNESSETH: WHEREAS, The Cities entered a Joint Powers Agreement "JPA" for the provision of fire protection services on December 11, 1990. The purpose of the JPA is for the Cities to cooperate in providing fire protection services to their residents through the use of the Spring Lake Park Fire Department "Fire Department". The JPA calls for the sharing of the costs of the operation of the Fire Department between the Cities to be calculated annually pursuant to a formula which is set forth as an Exhibit to the JPA. The term of the JPA is indefinite. WHEREAS, the City of Blaine has entered an Agreement with the Metropolitan Airports Commission "MAC" for the provision of fire services by the Fire Department to MAC property located in Blaine. Such Agreement, entitled City of Blaine/Metropolitan Airports Commission Fire Contract, is hereinafter referred to as the "Fire Contract", a true and correct copy of which is attached to hereto and incorporated herein as Exhibit A. WHEREAS, Pursuant to the terms of the Agreement between the City of Blaine and MAC, the City of Blaine after collection of certain amounts from MAC, has agreed to pay the Fire Department $24,000.00 per year, for fire protection services to the MAC property for the ten year period ending in 2021. NOW THEREFORE, the Cities agree as follows: 1 1. The Cities warrant that the recitations set forth above are incorporated herein as if fully set forth, and are a part of this Addendum. 2. Other than as expressly set forth herein, the terms of the JPA between the parties shall remain in full force and effect. 3. The Cities agree that the Fire Department Contract for Fire Protection Services may be amended to allow the Fire Department to provide fire protection services to MAC property located in Blaine. 4. The Cities agree that Blaine shall be responsible for payment for such services to the MAC property at the rate of $24,000.00 per year, for the ten year period from 2012 to 2021. The Cities agree that payment hereunder shall be made on an annual basis, and shall be received as revenue by the Fire Department prior to the Fire Departments annual allocation of costs among the Cities pursuant to the formula set forth in the JPA. 5. The Cities have agreed that this Addendum shall terminate either upon written agreement between the Cities or on December 31, 2021, whichever occurs first. 6. The Cities acknowledge they have entered into this Addendum freely and voluntarily. 7. This Addendum is made and executed under the laws of the State of Minnesota and is intended to be governed by the laws of the State of Minnesota. A IN WITNESS WHEREOF, we have set our hands and seals. CITY OF BLAINE: LE Tom Ryan, Mayor Clark Arneson, City Manager CITY OF SPRING LAKE PARK Mayor City Clerk -Treasurer CITY OF MOUNDS VIEW am Mayor City Clerk/Administrator of Mounds View Staff 10 Meeting Date: December 2, 2013 Type of Business: Work Session Administrator Review: To: Honorable Mayor and City Council From: Thomas Kinney, Chief of Police Item Title/Subject: Computer Aided Dispatch (CAD) and Mobile Data Agreement with Ramsey County Computer Aided Dispatch or CAD as it is commonly referred to is a combination of the hardware, software and services the Ramsey County Communications Center utilizes to provide dispatching and communications service to individual cities within Ramsey County, which does include the City of Mounds View. The existing CAD system has become outdated and unable to provide the growing technological needs of Ramsey County and required services for all participating agencies. Therefore, Ramsey County has selected a vendor, TriTech Systems, to provide a new CAD system to be implemented in 2015. As a result, the CAD and Mobile Data agreement is being submitted for the approval of all participating Ramsey County cities. The costs of the CAD system are currently incorporated into the fee provided to each city for the overall dispatching services. This fee for the upcoming 2014 year is set at $100,915.33. The fee is based on a city's number of calls for service initiated by a 9-1-1 call. In addition, the overall expense for the dispatch services as well as the CAD costs is allocated using a 60/40 cost split, with 60% coming from St Paul and the remaining 40% split among the agencies in Ramsey County. The director of Emergency Communications for Ramsey County is Scott Williams and he has been invited to address any further questions from the council. Respectfully Submitted, �J r Thomas Kinneyl i Chief of Police 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 Mounds View, 2401 County Road 10, Mounds View, MN 55112 (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 4.2 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. 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 S. 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 CAS 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 trainingto 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. 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, mist. 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 betaken. 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 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 BUDGETED COST NON -BUDGETED COST 1. Review and recommendation by CAD Command Review and final Subcommittee OPERATIONAL approval by System 2. Final approval by CAD Policy IMPACT - NO Manager Committee 3. Budget amendment by Director 1. Review and recommendation by CAD Command Review and final Subcommittee OPERATIONAL approval by CAD 2. Final approval by CAD Policy IMPACT - YES Command Committee Subcommittee 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 MOUNDS VIEW Joe Flaherty, Mayor Date: Designee for receipt of notice: Name: Tom Kinney Title: Police Chief Address: Mounds View City Hall 2401 County Road 10 Mounds View, MN 55112 James Ericson, City Administrator 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. 1, 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: SunnorteTriTech.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— 240 Support for live operations on the Normal Customer Services Hours: Telephone Critical Priority production system: A system down event which calls to 800.987.0911 will be immediately severely impacts the ability of Users to dispatch answered and managed by the first available emergency units. This is defined as the following: representative but not longer than 5 minutes. • Inform CAD, Inform Mobile, or Interfaces After Normal Customer Services Hours: Thirty are down as further defined in the Special (30) minute callback after client telephone contact Note #1 below. to 800. 987.0911. • Critical servers inoperative, as listed in Special Note #1. Priority 1 issues must be called in via 800. ',.... • Complete interruption of call taking and/or 987.0911 in order to receive this level of response. '.. 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.', Priority -2— 24x7 Support for live operations on the Normal Customer Services Hours: Telephone', Urgent Priority production system: A serious Software Error with calls to 800.987.0911 will be immediately,i no workaround not meeting the criteria of a answered and managed by the first available Critical Priority, but which severely impacts the representative but not longer than 5 minutes. ability of Users to enter incoming calls for service and/or dispatch emergency units. Such errors will After Normal Customer Services Hours: One (1) be consistent and reproducible. hour callback after client telephone contact to 800. 987.0911. A significant number of the Inform CAD or Inform Mobile workstations are negatively Priority 2 issues must be called in via 800. impacted by this error (e.g., does not apply to a 987.0911 in order to receive this level of response. minimal set of Inform CAD or Inform mobile workstations). These Software Errors are defined in more detail in Special Note #2, below. CAD and Mobile Data Agreement Ramsey County and User Members Page 44 of 48 = Priority Priority, Issue Definition `- Response Time Priority 3 - Normal Customer Services Hours Support: A Normal Customer Services Hours: Telephone High Priority Sofivare Error not meeting the criteria of a calls to 800. 987.0911 by the first available Critical or Urgent Priority, has a workaround representative but not longer than 5 minutes after available, but which does negatively impact the the initial phone call. User from entering incoming calls for service TriTech will use commercially reasonable efforts to and/or dispatching emergency units. Such errors After Normal Customer Services Hours: This will be consistent and reproducible. priority of issue is not managed after hours. Priority 2 — A significant number of Inform CAD or Inform TriTech will use commercially reasonable efforts to Urgent Priority Mobile workstations are negatively impacted by resolve the issue as soon as possible and not later this error (e.g., does not apply to a minimal set of than 36 hours after notification. workstations). Priority 4 — Normal Customer Services Hours Support: A Normal Customer Services Hours: Telephone Medium Priority Software Error related to a user function which calls to 800.987.0911 will be answered and does not negatively impact the User from entering managed by the first available representative but incoming calls for service and/or dispatch not longer than 5 minutes after the initial phone emergency units. This includes system call. administrator functions. priority scheduling in a subsequent release. Priority 4 — If TriTech determines that a reported Medium After Normal Customer Services Hours: This Medium Priority Priority error requires a code correction, such priority of issue is not managed after Hours. Priority 5 — Normal Customer Services Support: Cosmetic or Normal Customer Services Hours: Telephone Low Priority Documentation errors, including Client technical calls to 800. 987.0911will be answered and questions or usability questions. managed by the first available representative but not longer than 5 minutes after the initial phone call After Normal Customer Services Hours: This riori of issue is not ---- ane Priority -.' - Resolution Process - -Resolution Time - Priority 1— TriTech will provide a procedural or configuration TriTech will work continuously (including after Critical Priority workaround or a code correction that allows the hours) to provide the Client with a solution that Client to resume live operations on the production allows the Client to resume live operations on the system. 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 — TriTech will provide a procedural or configuration TriTech will use commercially reasonable efforts to Urgent Priority workaround or a code correction that allows the resolve the issue as soon as possible and not later Client to resume normal operations on the than 36 hours after notification. production system. Priority 3 - TriTech will provide a procedural or configuration TriTech will work to provide the Client with a High Priority workaround that allows the Client to resolve the resolution which may include a workaround or problem. 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 — If TriTech determines that a reported Medium TriTech will work to provide the Client with a Medium Priority Priority error requires a code correction, such resolution which may include a workaround or issues will be addressed in a subsequent release code correction in a future release of the software. when applicable. 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 issues are logged by TriTech and There is no guaranteed resolution time for Low Low Priority addressed at the company's discretion according to Priority issues. TriTech's roadmap planning process. v. Special Note #1: Priority I - 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 receivejustice 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 receivejustice 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 ii. all available methods). 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). is. 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 iv. Mobile). Irnability 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 ANUALI 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, TriTeclt will work to resolve the problem. A. Modifications to installed TriTeclt 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 a': w F r 7 � 1r of Mounds View Staff To: Honorable Mayor and City Council From: Nick DeBar, Director of Public Works Item Title/Subject: Discuss Public Works Restructuring Item No: 5 Meeting Date: December 2, 2013 Type of Business: Work Session Administrator Review: �e Background With the recent retirement announcement by, the long -employed Parks Supervisor and subsequent vacant management -level position that his departure will leave, Public Works is proposing a restructuring of the department to address deficiencies in personnel and to increase the effectiveness in providing the many essential services devolved upon the department. This restructuring proposal will align the department to best achieve the City's Mission Statement "to provide high quality public services that effectively address changing citizen and community needs in a fiscally responsible and customer - friendly manner." In addition, the core values included in the City's Values Statement, which "guide the day-to-day activities of City personnel" and "are fundamental to the City's success and fulfillment of its mission", will be bolstered by implementing this restructuring plan. Public Works Overview The Mounds View Public Works Department is responsible for the reliable and long-term operation, maintenance, repair, improvement, construction, and management of all municipal infrastructure involving drinking water supply and wastewater collection systems; streets, trails, and right-of-way; stormwater conveyance, ponds, and treatment systems; parks and recreation facilities; buildings and grounds; vehicles and equipment; and urban forestry. Public Works staff provides residents and businesses with clean drinking water, safe collection of wastewater, clear passageway of streets, reliable flood protection, beautiful parks, groomed athletic fields and recreational facilities, comfortable building spaces, and cost-effective, sustainable solutions for the long-term performance of these services at the lowest life cycle costs possible. An overview of essential services provided by Public Works is attached to this report. Quick Facts about Mounds View's Infrastructure The value of Mounds View's current infrastructure is estimated to be in excess of $100 million. This value represents the cost to replace the entire infrastructure that currently exists. Below is a general synopsis of the existing infrastructure managed by the Mounds View Public Works Department: • 47 miles of water main, 500 hydrants, 1000 water main valves, 4100 water meters • 6 wells and 3 water treatment plants (500 million gallons raw water pumped/treated each year) • 43 miles of roadway, 15 miles of trails/sidewalks, 1250 traffic signs, 300 street lights • 45 miles of sanitary trunk main, 900 manholes, 2 lift stations (400 million gallons sewage collected each year) • 30 miles of storm trunk main, 1500 storm drains/manholes, 300 infiltration swales, 10 regional ponds 11 parks (150 acres), 35 acres irrigation, 10 baseball/softball and 4 soccer fields, 10 playgrounds (3,500 acres mowed each year) 16 buildings totaling 150,000 sq. ft., 6 parking lots, 5 acres of grounds • 50+ vehicles and heavy/highway equipment 10,000 planted trees in boulevards, parks, and grounds (tens of thousands more in natural areas) Existing Personnel Public Works is currently approved for 15 full-time and 9 part-time/seasonal employees for a total of 24 employees, or 18.1 Full Time Equivalent (FTE) positions. Public Works personnel costs are funded from General, Enterprise, and Special Revenue Funds. General and Special Revenue Funds pay for 9.55 FTEs, or 53% of the total Department personnel costs, while Enterprise Funds pay for the remaining 8.55 FTEs, or 47% of the total personnel cost. Discuss Public Works Restructuring Page 2 Public Works is comprised of three divisions: Public Works Administration (PWA), Engineering (PWE), and Maintenance (PWM). PWA is responsible for the overall department administration, personnel matters, budgets, policies, code review, and department standards. PWE is responsible for the planning, design, and construction of the infrastructure, asset and record plan management, engineering standards, permitting (excavation/obstruction, land disturbance, water/sewer, etc.), right-of-way management, consultant coordination, and project management. PWM is responsible for the daily operation and maintenance of the infrastructure including repairs. PWM is further divided into the following subdivisions: (drinking) water, wastewater, streets & trails, stormwater, vehicles & equipment, parks & recreation facilities, and building & grounds (facilities). All three divisions work closely together to ensure the infrastructure is reliable, efficient, and provides the lowest life cycle cost — despite challenges with being housed at two different locations. PWA and PWE staff operates out of the City Hall facilities and PWM staff operates out of the Public Works Facility located at 2466 Bronson Drive. Factors Supporting Restructuring Public Works operations and workload has changed dramatically over the past decade or more, and there are a number of factors to consider that support the need to restructure the department. While some of these factors alone do not warrant the effort to restructure, collectively they bear witness to the need for personnel revisions to keep up with the current and future workload demand, in addition to disseminating the Park Supervisor's responsibilities. Agina Infrastructure The vast majority of Mounds View's infrastructure was originally built in the 1960's and 1970's during peak development growth. This infrastructure is now 40 to 50 years old and needs more maintenance to function properly and increased failures spurring repairs and replacements are occurring. The materials and workmanship used in construction of this aging infrastructure are inferior to the current standards that exist today. Therefore, it is imperative that periodic inspections, proper and timely maintenance, and performance monitoring is conducted to extend its useful life as long as practical. In addition, private infrastructure is in a similar state and demands coordination and inspection hours by staff. Added Infrastructure There has been additional new infrastructure that Public Works has added to its list of infrastructure to take care of. In addition to streets, utilities, and Right-of-way to manage from new developments (Hidden Hollow, Medtronic, etc.), there has been a sharp increase in new trailways, sidewalks, landscaping, irrigation, trail lights, park shelters, and infiltration basins that never existed before. The County Road 10 trailway and landscaping are highly visible and have added an addition burden to both the maintenance and engineering divisions. It is estimated that roughly 500 new infiltration basins will be constructed with the Streets and Utilities Improvement Program. In addition to cleaning debris and sediment from the inlets, the MS4 permit requires that each one of these basins be inspected annually. Increase in Capital Improvement Projects While some of the capital improvements are performed in-house, much is outsourced to consulting engineering firms. Even though this engineering work is outsourced, Public Works spends a tremendous amount of time coordinating and supporting the project. The engineering division has handled all project management and oversight for new capital improvement projects related to trailways, lighting, and landscaping along County Road 10, in addition to new park shelters and sidewalks. The CIP also has future projects planned for new trails, lighting, and landscaping along County Road 10, which is echoed in the 2013 City Council Priority Statement. A draft trails and sidewalk master plan also shows an expansion of the system. County Road 10 intersection improvements are also programmed in the current CIP at Woodale, Edgewood, Long Lake Road, County Road i, Groveland, and Spring Lake Road. In addition to new construction, much of the aging infrastructure is beyond its useful life and there has been a sharp increase in workload demand to rehabilitate and reconstruct this dilapidated infrastructure. The Streets and Utilities Improvement Program is a prime example of this. Although there is only Areas G, H, and I left to construct, this only accounts for 60% of the municipal street system. Nearly all the 17 miles of streets and associated utilities not included in the Program are in need of some type of Discuss Public Works Restructuring Page 3 improvement from major maintenance to reconstruction. In addition, to extend the life of the new streets as long as possible (50-60 years), Public Works will need to oversee seal coats, crack filling, mill and overlays, and other major maintenance to these new streets. It is estimated that every $1 spent on maintenance equates to $10 in deferred reconstruction costs for asphalt pavements. Many of the municipal sanitary sewers are distressed, cracked, or failing whereby allowing inflow and infiltration (1/1) of "clear" or clean water to enter. All collected sewage is transported to Metro Council facilities, who in turn, charges the City costs associated with treating the sewage based upon volume. This is a significant cost to the City and totals approximately $800,000 annually. Public Works began repairing, replacing, and sliplining sanitary sewers to reduce 1/1 into the system about 5 years ago, but many more pipes need attention. Each gallon per minute of clear water entering our 45 miles of trunk sewer (many more miles of service laterals) equates to approximately $1,000 annually in MCES fees. Similar examples exist for capital improvements that are or will be needed for the water supply facilities (process equipment, building repairs, reroofing, etc.) and distribution system (water line breaks), stormwater collection system and ponds (dredging, drainage improvements, etc.), parks and recreational facilities (shelters, ball fields, playgrounds, tennis courts, trails, etc.), and building facilities (HVAC, reroofing, energy upgrades, remodels, etc.). Public Works is expecting that capital improvements will be needed for the aging infrastructure into the foreseeable future. Increase in Capital Improvements by Ramsey County and MnDOT Our metropolitan sector has been and will continue to be inundated with major highway projects by Ramsey County and MnDOT. The Public Works Director has been coordinating on behalf of Mounds View for these various projects, including the TH 10 bridge reconstruction over 1-35W (2012), TH 10/96 Interchange reconstruction (2013), and Traffic Signal at County Road 10/Silver Lake Road (2013-2014). In addition, the PW Director served as a member of the 1-35W Management Lane Technical Advisory Committee (2011-2013) and Project Management Team for TH 96 (est. 2015) and County Road H bridge replacements over 1-35W and County Road H intersection improvements (est. 2016). It is also expected that the TCAAP redevelopment will also consume PW E staff time — especially considering that Mounds View serves the portion south of County Road H with sanitary sewer and the north side (DVS complex) with water supply. Increase in Regulatory Agency Mandates There has been a steady flood of increased mandates by federal, state, regional, and local regulatory agencies with jurisdiction in Mounds View during the last decade, but these mandates have exploded the past few years causing additional burden on Public Works staff. Many of these mandates originate at the federal level but state and regional agencies are often charged with enforcing these federal mandates (e.g., MnDOT for FWHA). The following is an example of recent mandates adding some of the most burden to Public Works (there are many more examples): 1. Municipal Separate Storm Sewer System (MS4) Permit. This permit provides the City the needed approval to discharge it's stormwater to Rice Creek. This permit is mandated by federal regulations under the Clean Water Act (EPA) and administered by the Minnesota Pollution Control Agency (MPCA). The permit term is 5 years and a new cycle began August 1, 2013. Six Minimum control measures (MCMs) require numerous best management practices (BMPs) adding new regulations such as stepped up inspections, increased documentation and training, expanded written procedures, increased enforcement, and other internal operation mandates. 2. Wellhead Protection Plan (WHPP): Parts 1 and 2 of the WHPP were performed over the past several years and finalized in October 2013. The program is administered locally by the Minnesota Department of Health (MDH) and requires BMPs for protecting source water supplies. Examples of required actions include public education and outreach, tracking potential sources of contamination, monitoring zoning and coordinating with LGUs within the Drinking Water Supply Management Area (DWSMA) with spans various municipalities and cities. 3. Retroreflectivity Standards for Traffic Control Signs: A new regulation mandated by the Federal Highway Administration (FWHA) and administered locally by MnDOT requiring inspection and evaluation of reflectivity of traffic signs. Discuss Public Works Restructuring Page 4 Increase in Right -of -Way Management In addition to the aging municipal infrastructure, private utilities located in City right-of-way are also requiring replacement. There is also been a growth of fiber optic cabling being installed for telecommunication companies the past few years. This private work requires a Right-of-way permit from Public Works. PWE reviews construction plans, issues the permit if acceptable, inspects construction, and closes out the permit. The highest number of ROW permits processed was 79 in 2009. Public Works is also charged with monitoring any activities in the boulevard areas that are inconsistent with its use. It is expected that more coordination, creation of permit standards, handouts, and inspection work will be required for driveway curb cuts related to the new curbed streets as well. Added Responsibilities Over the years, Public Works has assumed responsibilities that other City departments were previously performing. Most notably, when the Parks and Recreation Department was eliminated, the YMCA was contracted to perform the recreation duties and park maintenance staff was retained as -is. However, no staff was added to perform those duties related to park planning, management, improvement, inspection, etc. that was being performed (half-time) by the Parks and Recreation Director These duties were added to the full-time duties of the Public Works Director, which also included being the staff liaison to the Parks Commission and oversight of the Community Center. Other department duties assumed include water and sewer permitting and inspections (previously performed by Building Inspector), City Hall cleaning contract, city forestry (previously performed jointly with New Brighton), and Streets and Utilities Committee activities. Also, prior to 2009, a consulting engineering firm (SEH) was performing the city engineering duties, which is now performed in-house. Decrease in Staffing Public Works has decreased staffing positions over the past few years. Most recently, two seasonal maintenance positions (one full time parks) were eliminated in an effort to assist in reducing operating costs during the global economic downturn a few years ago. Now, new federal regulations related to the Affordable Care Act (ACA) will further hamper seasonal maintenance needs when the maximum number of consecutive calendar days to work full-time without benefits will be reduced from 185 to 119. Public Works has traditionally had two seasonal workers begin in spring and continue into the fall for park maintenance. The summers will still be covered since many of the seasonal workers begin in mid-May and leave in late August to return to college. Also, the vacant engineering/GIS intern position was not filled this year since PWE staff did not have time to train and oversee the work of this position. Core Duties Not Beina Performed Unfortunately, there are core duties that have suffered tremendously due to the contributing factors mentioned above. Many of these duties are associated with the PWA and PWE staff at City Hall. These duties include routine housekeeping activities like records managementlarchiving, electronic and hard copy filing, and purging emails. However, more important duties related to regulatory mandates, asset management, documentation, code revisions, engineering standards, and department policies/procedures are also being overlooked for the "here and now" duties related to capital improvement projects and citizen requests. In addition, no time is available to investigate products, learn new software or mapping tools, or attend/provide training to incorporate efficiencies into the workload process. Capital Improvements Being Deferred Public Works does not have enough qualified staff time to complete capital improvement projects in the years planned. Instead, a prioritization of planned improvements occurs and lower priority projects are deferred to following years. This does not mean that the projects should occur in a later year, but rather, that its impossible for staff to deliver the projects with current staffing levels. The CIP and budget has many examples of deferred projects, including Mustang Drive Improvements, City Hall Irrigation Improvements, Trailway Development and Maintenance. Some projects have been deferred for multiple years in a row. In addition, adequate time is not available to determine more accurate estimates for these improvements before they are added to the CIP and budget. This has resulting in the City Council having to amend adopted budgets when construction contracts are approved. Discuss Public Works Restructuring Page 5 Recommendations for Restructuring The retirement of the Parks Supervisor was not a surprise, and staff have evaluated various positions and reorganization models over the past several years in anticipation of this retirement occurring. Public Works recommends using this rare opportunity to restructure personnel to better address current and future needs. A personnel structure that may have worked 10 or 15 years ago is no longer working. To address this, Public Works is recommending the following: 1. Eliminate Parks Supervisor position and replace with non -supervisory position focused on project management in PWE. 2. Add a full-time Parks Maintenance Worker position in PWM. Project Management Position Under the general director of the Public Works Director, the proposed project management position would perform professional duties related to planning and managing various capital improvements throughout the project cycle, including project conception, design, bidding, construction, and closeout phases. Specific duties include project scoping, estimating, scheduling, consultant solicitation/negotiating/coordination, plan reviews, bid and construction administration, and closeout activities. The project manager would coordinate with regulatory agencies, property owners, businesses, and other local government units regarding project matters. The position would prepare staff reports, attend City Council meetings to obtain project approvals, and track assigned project expenditures against budgets. This position will alleviate workload now being performed by the Public Works Director and Supervisors, but it is expected that the director (and supervisor for some maintenance projects) will still perform some project management activities as workloads requires. The project management position may also assist with other PWE activities as needed including asset management, inspections, records management, customer assistance, etc. This position is proposed to be FLSA exempt (i.e., salaried) and compensation would be similar to that of the current Parks Supervisor (also FLSA exempt). An exact title for the position is being evaluated and job description drafted. The former Public Works Director also identified a position in this category when the Streets and Utilities Improvement Program was beginning. The City Council at that time seemed supportive of the position, but it was not pursued further due to the Public Works Director position being vacant for one full year. Parks Maintenance Worker The Parks Supervisor not only supervised maintenance and custodian staff but also assisted and performed many of the daily maintenance worker activities including equipment repairs, mowing, building repairs and maintenance, troubleshooting, and diagnostics. To fill the void left by the elimination of this position, coupled with the void left by the previous reduction in one full-time seasonal parks maintenance worker and seasonal staff limitations related to the ACA, it is recommended to hire a full-time parks maintenance worker. This position would be classified as FLSA non-exempt (hourly) and be a member of the Public Works Collective Bargaining Unit. Summary Public Works has been asked to do more with less while its workload has increased due to aging and added infrastructure, added responsibilities, an explosion of capital improvement projects, and an ever- increasing list of regulatory mandates. This overly burdensome workload over the years has now created inefficiencies, inaccuracies, and frustration. The lack of appropriate staffing and skill abilities to tackle this workload has led to many core duties going undone. The proposed restructuring described above is not a "want' or a "need", but a "must have" in order to keep pace with current and future workload demands. Respectfully submitted, Nick DeBar - Public Works Director 1. SUPPLY DRINKING WATER Pump and treat raw ground water . Store and distribute treated water to consumers . Provide fire protection Operate, maintain, repair, inspect, and improve infrastructure 2. COLLECT WASTEWATER • Collect and transport wastewater • Operate, maintain, repair, inspect, and improve infrastructure 3. MANAGE STORMWATER • Provide flood control • Collect and treat stormwater runoff • Maintain surface water quality • Operate, maintain, repair, inspect, and improve infrastructure 4. MANAGE ROADWAYS, PATHWAYS, & RIGHT-OF-WAY • Operate, maintain, repair, inspect, and improve roadway pavements, curbing, sidewalks, trails, traffic signs, pavement markings, street lighting, and traffic signals • Snow and ice removal from roadways, sidewalks, and trails • Manage public and private utilities in Right -of -Way 5. MANAGE VEHICLES AND EQUIPMENT • Maintain and repair Public Works, Parks, Police, and staff vehicles and equipment • Manage vehicle and equipment replacement 6. MANAGE PARKLAND AND PARK FACILITIES • Maintain turf (mowing, fertilizing, weed control, etc.) • Maintain athletic facilities and fields (baseball, softball, soccer, etc.) • Maintain playground equipment • Maintain park buildings and shelters • Operate, maintain, repair, inspect, and improve infrastructure 7. MANAGE BUILDING FACILITIES AND GROUNDS • Clean, maintain, repair, inspect, and improve building facilities components including: ¢ Exterior/Shell/Envelope Mechanical/Electrical ¢ Interior & Furnishings Site/Grounds/Parking Lots 8. PROVIDE ENGINEERING • Records management, design standards (specifications/details) • Project development (plan, design/engineering, bid, construct) • Contract and project administration/management • Construction inspection/administration • Computer and Information Systems 9. PUBLIC WORKS ADMINISTRATION • Overall Department administrative duties, including: Budgeting activities Personnel matters ¢ Regulatory reporting Public communications 10. MANAGE CITY FOREST • Manage trees in Right -of -Way, Parkland, & Building Grounds • Oversee Shade Tree Ordinance (diseased trees)