HomeMy WebLinkAbout2005 07-11 City Council Manager Workshop PacketAGENDA
COUNCIL /MANAGER WORKSHOP
Monday, July 11, 2005
Council Chambers, City Hall
6:00 p.m.
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA
D. NEW BUSINESS
1. Gladstone Update -No Report
2. Dispatch Joint Powers Agreement with Ramsey County
E. FUTURE TOPICS
F. ADJOURNMENT
City Council /Manager Workshop --05
Agenda Item D2
Memorandum
To: Mayor and City Council
From: Richard Fursman
Date: July 11, 2005
Subj: Joint Powers Agreement: Consolidated Dispatching
Introduction: Included with this memorandum is the latest draft of the Joint Powers
Agreement with Ramsey County concerning consolidated dispatching. The Draft
appears ready to approve if so desired by the Council.
Background: The latestjoint powers agreement draft has been modified to address
most of the concerns expressed by staff and city council. The County has agreed to
change language concerning personnel transitioning, membership and other minor
points raised. Our employees will become County employees if the agreement is
adopted.
There were also language modifications to indicate that the consolidated center would
continue in the event that St. Paul dropped out of the process. (This had a significant
impact on section four (4)).
Another significant change is the COLA requirement was dropped
Maplewood Pulls back from the County and continues to pursue the 800
MHz technology change with the intention of remaining independent.
II. Agree to the terms outlined in the Joint Powers Agreement:
• Dispatch for Maplewood
• Purchase Maplewood Consoles
• MW Employees Hired by County
• Include Maplewood in Dispatching Govemance Board/Working Groups
• Maplewood Pays County $526,000 1st Year
III. Work with the other suburban cities to lobby /establish a consolidated
suburban dispatch agreement with separate facilities and charges from St.
Paul.
The Council should take action on one of the three listed options following discussion.
JOINT POWERS AGREEMENT BETWEEN RAMSEY COUNTY AND THE CITY OF
MAPLEWOOD FOR CONSOLIDATED DISPATCH OPERATIONS
This Joint Powers Agreement ispetween Ramsey County, a political subdivision of the State of
Minnesota ( "County') and the City of Maplewood, a municipality under the laws of the State of
Minnesota ( "City"), both of which ar e mpowere d to enter in j oint pow agreeme
to Minn. Star. §471.59.
WHEREAS, The County is in the process of implementing a new 800 MHz radio communication
system as a subsystem to the regionwide 800 MILK system; and
WHEREAS, The County currently operates a Public Safety Answering Point ( "PSAP ") /Dispatch
Center, from which dispatch services are provided for the Ramsey County Sheriff and the cities
of Arden Hills, Gem Lake, Little Canada, Mounds View, New Brighton, North Oaks, Roseville,
Shoreview, and Vadnais Heights, and the township of White Bear; and
WHEREAS, The City also operates an independent PSAP /Dispatch Center from which it
provides police fire, CM a nd Eme Management dispatch services for its residents; and
WHEREAS, The City and the Countyhave determined that it is in the best public safety interests
of all residents served by the City and the County to consolidate_ City's_PSAP /Dispatch Center__
with the County's PSAP /Dispatch Center, to form a consolidated dispatch center ( "Dispatch
Center") to be operated by Ramsey County; and
WHEREAS, The County is planning the construction of a new facility on the campus of the
Ramsey County Law Enforcement Center and the Saint Paul Police Department Headquarters to
house the Dispatch Center that will use the County's new Public Safety Communication System
( "PSCS" )/800 MHz radio communication subsystem; and
WHEREAS, The City wishes to have Ramsey County assume the responsibility for dispatch
services for the City when the new Dispatch Center becomes operational; and
WHEREAS, The parties have reached agreement on the terms and conditions for the
consolidation of the City and County PSAP /Dispatch Centers and for the County to provide
dispatch services for the City;
NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein,
the parties do hereby agree as follows:
Article I. Purpose
The purpose of this agreement is to establish the parameters for the consolidation of separate
PSAP /Dispatch Centers, to establish a framework for the operation of the Dispatch Center with
the participation of the City and other Dispatch Center users, and to delineate the terms and
conditions under which the County will provide dispatch services.
Article II. Definitions
2.01 Additional Member means any public entity or agency or governmental unit that signs
an agreement with the County after the Dispatch Center becoming operational, for
dispatch services by the County from the Dispatch Center.
2.02 County Manager means the Ramsey County Manager appointed by the Ramsey County
Board of Commissioners, or the Ramsey County Manager's designee.
2.03 Dispatch Center means the location from which the County will provide emergency 911
communications and dispatching services using its PSCS /800 MHz radio
communications subsystem, for police, fire, emergency medical services, and other
public safety functions_ it cities and agencies that have contracted with the County for _ - Deleted: aserei�.t
such services.
2.04 Initial Member means any municipality that signs an agreement with the County, prior
to the Dispatch Center becoming operational, for dispatch services by the County from
the Dispatch Center.
2.05 Member means either an Initial Member or an Additional Member.
2.06 Radio System Manager means the Ramsey County employee who manages the
County's 800 MHz interoperable radio communication system and the County's Dispatch
Center.
Article III. Term
This agreement shall become effective on the date executed by both parties ( "Effective Date ")
and shall continue in effect for a period of twelve (12) years from the date the Dispatch Center
begins providing services for the City (`Initial Term "). Thereafter, the term shall automatically
renew for additional one (1) year periods, u to a maximum of 30 renewal eriods sub'ect to the
ri ht of either art to terminate as set forth in Section 8.0 L - - Deleted: miless mhe party gives the
other party written notice of at least me
(I ) fidl calendar year of if, hhtmt not to
renehv, in such case this Agremient shall
Article IV. Dispatch Policy Committee expire at midnight on the last day of the
calendar year following the year the
4.01 Creation notice was given.
The Dispatch Policy Committee ( "Committee ") is hereby created with the powers and
responsibilities as set forth herein.
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 _
- Deleted: ,rrerse
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. Ifahe City of White Bear Lake does not sign an agreement to consohdate.
- Deleted: either
PSAP /Dispatch Center with the County's PSAP /Dispatch Center, the number of
' - Deleted: Maplehwod or theaty of
Saint Paul City Council members will be reduced by one. v If the City of Saint _
Deleted: ,hherge
Paul does not sign a ag reement to consolidate its PSAP /Dutch Center with
the Couny's PSAP /Dispatch Center, the Committee will be made up of
Deleted: if nom theory of Maplewood
representatives from the jurisdic that ha e ntered in a consolid
and the City of White Bea t Lake do no[
sign, agreements to merge their
agreement.
PSAPiDisparoh Centers h ,ith the
C. If the individual ap to the Committee l the elected office, the p ublic
pp omm eaves o p
County's PSAPiDispatch Center, the
number of Saint Panl City Cooneil
entity's elected officials will be responsible for appointing a replacement
mehihers will beredneed by two
representative in a timely fashion.
d. Committee members shall be appointed by the jurisdiction they represent for
such period of time as determine by each jurisdiction.
_ - -
Deleted: Each Committee member
shall be appointed for a one -year period
4.03 Duration
oftime,
Unless earlier dissolved by mutual agreement of all of the then - current Members, the
Committee shall continue to operate for the duration of this Agreement.
4.04 Officers
a. The Committee members shall select a Chair and a Vice Chair at its first
meeting, and thereafter on an annual basis, provided that, during the first two
years of its operation, the Mayor of the City of Saint Paul shall be the Chair of
the Committee. Thereafter, the Chair shall be selected annually from the
Committee members. The initial term of the Chair shall be two years and of the
Vice Chair shall be one year. Thereafter each shall serve for one year. The Vice
Chair shall be a representative of a Member other than a Member represented by
the Chair If the City of Saint Paul does not si n 3n ag reement to consolidate its
PSAP /Dis atch Center with the Count 's PSAP /Dis atch Center the Committee
will select. a Chair and Vice Chair from Committee members from ,jurisdictions
that have entered into a consolidation agreement.
b. The duties of the Chair shall be as follows:
1. approve the agenda for Committee meetings, with the input and
assistance of the Radio System Manager and other Committee members;
2. preside at Committee meetings;
3. sign all official documents as authorized by the Committee;
4. make reports, directly or through a designee, to the Committee and the
Ramsey County Board as deemed appropriate; and
5. perform such other duties as are incident to the office and properly
expected by the Committee.
C. The duties of the Vice Chair shall be as follows:
1. in the absence of the Chair, to perform the duties of the Chair; and
2. to perform such duties as may be requested by the Chair.
d. The Radio System Manager shall serve as executive secretary to the Committee
and shall provide for all correspondence, reporting, and recordkeeping functions
for the Committee, c wi Minnesot St atutes Chapter 13 an st atutes
retention laws.
4.05 Powers and Authorities of the Committee
a. The Committee shall assist the County in reviewing and evaluating the
performance of the Dispatch Center to ensure that the service meets the needs
and expectations of the communities and public safety user agencies.
b. The Committee shall make recommendations to the County Manager and to the
Radio System Manager concerning voice and data communications systems
relating to public safety agency dispatching, public service information,
education and advertising programs, and any other matter relating to the
provision of emergency communications services.
C. The Committee, in consultation with the County Manager and the Radio System
Manager, shall develop a process for selection of the Dispatch Center Operations
Manager, who shall be responsible for day to day dispatch operations under the
direction of the Radio System Manager At a minimum, the process for selection
shall comply with Ramsey County's Human Resources hiring guidelines, and
shall provide for a minimum of three qualified candidates to be recommended by
the Committee to the County Manager or designee, who shall have final hiring
authority.
d. The Committee shall periodically review operations and make recommendations
on the operations, standards, and budget for the Dispatch Center.
e. The Radio System Manager shall report to and serve at the pleasure of the
County Manager as advised by the Committee relating to the functions involving
consolidated dispatch services for the Members. The County Manager will work
with the Radio System Manager in an expeditious manner to resolve any
concerns raised by the Committee. If, however, a majority of the Committee is
not satisfied with the outcome, the County Manager will take appropriate
personnel action, which may involve termination.
f. The Committee shall perform such other duties as may be requested by the
Ramsey County Board of Commissioners.
4.06 Meetings and Voting
a. The Committee shall meet at least quarterly during the first year this Agreement
is in effect e Thereafter, the Committee members shall determine the frequency
of regular meetings. In addition, a special meeting may be called by the Chair or
by a majori ty of the then - current Committee members.
b. Each public entity with a member on the Committee shall be responsible for
complying with requirements of State Statute relating to open meetings.
C. Committee members may not appoint proxies.
d. Each Committee member shall have one vote.
e. A decision of the Committee shall require approval by a majori ty of the
Committee members, provided there is a quorum in attendance.
f. A quorum of the Committee shall require one half of the Committee members
plus one to be in attendance at the time of any decision.
Atits first meefin the Committee shall ado t a rocess for resolvin tie votes.
Article V. Transition
5.02
5.01 General
a.
In order to ensure a smooth and orderly transition from the separate County and
City PSAP /Dispatch Centers to the consolidated Dispatch Center, and to ensure
that there are no gaps in services to the public, the County Manager, or his
designee, will manage transition activities.
tie : ad,nh,istranve cm,[rol of N,e
b.
The Committee recognizes that the first two years of the consolidated dispatch
_
, Deleted: came ... der the ad,nhNStranve
will be a difficult transition from separate PSAP /Dispatch Centers to one
co „[rol of N,e Radio syste,,, Maf,ager
consolidated Dispatch Center and the Committee will cooperate with the County
Formatted: ewiets and Numbering
Manager and Radio System Manager to insure success.
C.
The County and the City will come to mutual agreement on a date whenoCity
; Deleted: employee represef,tanves
employees working at th e City P /Dispatch Center will become C
r Deleted a nd
employees.,
Deleted: the
d.
Transition activities will include, but are not limited to, the following:
Deleted: b., Personnel actims
1. development of a transition plan, including analysis of staff skills and
affecm,g the Dispatch center may be
interests, and of trainin and hirin needs;
g g
taken through me annual budgeting
Processes, or at.. ch Nine as reveime
2. training of employees and recruitment of additional staff, as necessary;
ctrcmnstaf,ces dictate.l
3 _development of a Dispatch Center budget;
� Deleted: c
4. bargaining the effects of this Agreement with unions representin
Deleted: ary
County employees '
5. working with City representatives who are bargaining the effects of this
Deleted: who shall pmvide services as
— — — —
Agreement with unions representing City employees; and
described in bis Agreement n, such
capacities as NmeRadio System Mwiager
6. working with the City to establish the date when transition will occur.
shall determine
Deleted: d
5.02 Personnel
Deleted: conthme as City emiloyees
a.
No current City or County employees who are performing services at their
'' after the Fffeenve Date bmt,ill provide
respective PSAP /Dispatch Centers on the effective date of this Agreement shall
services at the Dispatch center minder the
be discharged or laid off as a direct result of this consolidation Employees may
followingte'rmT
”' ]—At inch time as a City incomnent
be laid o f or reason o f loss of fun ds or gran m onies, se demand
covered by this Agreement terminates
on of the
fluctuations, or other reasons unr to the consolidation
with the City, any
" '' replacement personnel shall be hired as a
PSAP /Dispatch Centers. The Coup is not required to refill any vacant
Comity employee;l
positions.
2 —City employees covered by this
The Dispatch Center will be staffed b Count employees, d b m to f `
y y_ an y� _ p _ y ees o
Agreenment` who provide services forthe
Dispatch Center as City employees shall
the City of Saint Paul in accordance with the terms of the Joint Powers
be subject to the provisions ofaipplicable
A greement between Ramsey County and the Ciry of Saint Paul for Consolidated
, n , ion agreements between the City and
Dispatch O
.,ions representing City employees, wid
City policyl
cy, _ _
City employees working for the City PSAP /Dispatch Center on the Effective
3
Date of this Agreement will become County employees on the date agreed to by
Deleted: 4., The county shall pay the
the parties, shall be no later than the d ate the County begins Providing
City for Nmeserdces Provided by the
services for the City om the Di Center.
y �
City's em d ate t at N, t center
from Nme date Nme Comity begins
c,
Any new positions authorized for the Dispatch Center shall be County positions
proNidingsenices for N,eCity from the
_
Ci loo ees> g for the City PSAP /Dispatch Center shall be subject to
Dispatch Ce„ter. The amount to be paid
_
,rem
Ciry union contracts, as modified by any MOA /MOU, until the Ci r employees
will be the City's actual costs in the
following categories: direct payroll
become Coun r ems ee>�r em�lo, ees>�g, for the City
charges; and the cost for employee fringe
PSAP /Dis atch Center shall be subject to Count nion contracts, as modified b
benefits for health imorwice, FICA,
— —1. — —
Workers'Compesation, and pefsiois.l
anv MOA/MOU_ on and after the date the Citv emnlovees become Count
employ
f When Cit em to ees become Count em to Des the followin rovisions will
apply:
1)
Cif employees will be allowed to carrry over up to 120 hours of
accumulated annual leave hours as vacation; any additional hours will
either be carried over as sick leave hours or be at out to the em to ee
by the C ity The C ity will_pay the County for the value of all vacation_ or
sick leave hours transferred to the Coup
2)
City employees will be given credit for their length of seance as a C ity
em to ee in determinin their vacation accmal rate.
3
Ciry em loo, eel given credit for their length of service as a City
employee for purposes of severance pa
4)
City employees will have one of the following apply, whichever results
in the hi her rate of i�'Iay for u oses of lacement into the Ramse
County salary range a)_be_ credit for their length of service as a
City employe or b) be paid the rate of for a Radio Dispatcher 1 that
is closest to, either equal or above, the rate of pay the employee recei
as a Ci r employee. If the rate of pay is established under section b),
subsequent pay increases will be given as if the City employee had the
lei th of Count T service that comes onds with the ste the are initiall
placed at,
5
Ciry employees will be subject to the provisions of applicable County
collective bargaining agreement regarding eligibility for insurance
benefits..
Formatted: Bullets and Numbering
5.03 City PSAP /Dispatch Center Operations
The City will cease operation of its PSAP /Dispatch Center on the date when the County
begins providing services for the City from the Dispatch Center.
,Article V1. Dispatch Center Operations and Services - _ Deleted: q
6.01 Mission
The Mission of the Dispatch Center is to provide both field responders and citizens the
best emergency communication service making maximum use of personnel and
technology.
6.02 Day to Day Operations
a. Day to day operations of the Dispatch Center will be under the direction of the
Radio System Manager.
b. The City hereby appoints and designates the County as its agent with respect to
the operation and management of the Dispatch Center.
6.03 Services
a. Emergency communications and dispatch services shall be provided on behalf of
the City, the County, and other Members 24/7/365 for police, fire, and
emergency medical service,
b. The Dispatch Center will utilize a two -stage dispatching system whereby
telecommunicators will take incoming requests for service and relay them to
dedicated dispatchers who will be assigned for police calls as well as those for
fire and emergency medical calls. This will not impact the County's ability to
cross train dispatchers for fire and police dispatch.
Deleted: , .,d after Imrvs emer�my
notlfieatlmr for priblie works
C. Standardized procedures will be formulated with input from user groups.
Customization of procedures for participating agencies will be provided to the
extent such customization can be accommodated by the Computer Aided
Dispatch System.
d. A quality assurance program will be adopted based on national standards.
6.04 Dispatch Users Croup
a. A Dispatch Users Croup shall be formed, to be comprised of one chief or
command officer from each of the following agencies:
1. St Paul Police;
2. St Paul Fire;
3. Maplewood Police;
4. Maplewood Fire;
5. One suburban fire department other than Maplewood;
6. One suburban police department other than Maplewood; and
7. One undersheriff or command officer from the Ramsey County Sheriff s
Office.
b. The Dispatch Users Gro up may adop rules rega rding the selection b the
a encies of their Dis atch Users Crou member b 'ob classification and the
duration of membership in the Dispatch Users Group If the City of Saint Paul
does not si n an a reement to consolidate its PSAP /Dis atch Center with the
County's PSAP /Dispatch Center, the Dispatch Users Group will be made up of
the a ro riate re resentatives from the 'urisdictions that have entered into a
consolidation agreement..
C.The suburban fire department representative will be selected annually by the
Ramsey County Fire Chiefs Association. The suburban police department
representative will be selected annually by the Ramsey County Chiefs of Police.
The Dispatch Users Group will meet quarterly or at some other interval as
determined by the group.
The Dispatch Users Group shall have a Law Enforcement Subcommittee andFire
and EMS Subcommittees. The Law Enforcement Subcommittee shall be ceieted: a
comprised of one police officer, deputy, or supervisor from each law
enforcement agency served by the Dispatch Center. The Fire and EMS
Subcommittees shall be comprised of one firefighter, emergency medical
responder, or supervisor from each fire and EMS agency served by the Dispatch
Center.
e _ Each representative to the Dispatch Users Group will have one vote. ceieted: a
The roles and responsibilities of the Dispatch Users Group will be to' - ceieted: e
1. Provide user agency input to the Radio System Manager into the process
of developing protocols and dispatching standards for the Dispatch
Center.
2. Provide a forum for the exchange of ideas between Dispatch Center staff
and users for the purpose of improving service, reviewing critical
incidents, and resolving complaints.
3. Provide for coordination of service between the Dispatch Center and
local agencies with the intent of providing seamless public safety service
that makes the administrative boundary between dispatching and field
responders as transparent as possible to the public.
4. Provide input to the Dispatch Policy Committee as to the overall
performance of the Dispatch Center in serving the needs of the user
agencies.
a, Issues that cannot be resolved by the Dispatch Users Croup may be referred to _ - deleted: f
the ' Committee _ Deleted: Dispamh rouey
Article V11. Cost and Funding
7.01 Capital Expenditure and Equipment
a. Subject to the provisions of Article 8.01 a., the County will pay the facility
construction and site development costs for a Dispatch Center that will be of such
size and configuration as to provide communications and dispatch services to
meet the needs of consolidated dispatch.
b. Subject to the provisions of Article 8.01 a., the County will pay for the 800 MHz
radio system equipment in the Dispatch Center, including consoles and
connections to the regional system backbone and payment to the Ciry for their
current consoles at fair market value ( "FMV" . If the parties cannot reach
agreement on FMV, FM V shall be d etermined by an independent thi Party
acceptable_ to both pa with c osts to be sh equall by the City and the
County. Upon payment by the County to the City for the consoles, title shall
immediately transfer to the County
C. The City shall be responsible for any costs related to the disbanding of its
PSAP /Dispatch Center and its communications infrastructure, including removal
and disposal of existing equipment.
d. The County shall have the first right of refusal for the transfer of any VHF
channels the City will no longer need after the transition.
7.02 Operating Costs
a. The City and the County agree that the City's annual cost for dispatch services is
$525,500( "City Costs ").
b. The County will gradually assume responsibility for paying the full operating
costs of providing dispatch services for the City. Operating costs do not include
the cost of any severance payments or retiree insurance for City employees prior
to the date they become County employees,
C. The City and the County will pay the indicated percentages of the City Costs
during the eight -year transition period ( "Transition Period ") until the County
assumes payment of 100% of the City Costs in Year 8, according to the
following schedule.
Year* City Responsibilitw County Responsibilitw
,Year one _ $525,500 /100% _ $0/0%
Year two $472,950/90% $52,550/10%
Year three $420,400/80% $105,100/20%
Year four $341,575/65% $183,925/35%
Year five $262,750/50% $262,750/50%
Year six $183,92535% $341,575/65%
Year seven $105,100/20% $420,400/80%
Year eight $0/0% $525,0 /100%
* "Year" means a twelve -month period beginning on the date dispatch
services are first provided for the City from the Dispatch Center.
Deleted: S
V is airy cos[ of livvng or es ingrleinented for he City PSAP /Dispatch the date the County begins the City
Deleted:
Deleted: "
Deleted:
Deleted: 0
�1 The City will pay its yearly amount of the City Costs to the County on a monthly
_ - Deleted: ""Hach party ,in alto be
basis Within thirty (30) days of receipt of an invoice from the County following
for the ho b ed e
e
the commencement of each month of the Transition Period.
ofthe e t in
inrpleinelr[ for emplo t H he C City
mple �os[ inns or e eeo es of he City
e. If, during the Transition Period, a law is adopted that imposes levy limits,
PsAP Dispatch Center prior to the date
establishes property tax caps, or otherwise places limits on the property tax that
the County begins dispatching for the
would make it impossible for the County to continue to assume the City Costs,
city.¶
the County and the City agree to jointly request and seek legislation that would
allow the costs for dispatch center consolidation and public safety
-- Deleted: )
communication systems to be outside the property tax levy limits. If no
legislation is enacted that allows Ramsey County to continue to assume the City
- Deleted: hvo ta>
Costs during the Transition Period, then the City shall continue to pay each year
the amount that it was paying at the time the levy limits or property tax
- Deleted:>
limitations went into effect.
7.03 911 Fees
During and after the Transition Period, the County shall be entitled to keep any 911 fees
previously paid to the City and will apply any 911 fees to cover the County's portion of
the Dispatch Center operating costs.
7.04 Other Funds
Nothing herein shall preclude either party from applying for and receiving federal or
state, or funds from other public and private sources, for the capital, equipment and /or
operating costs of the Dispatch Center.
Article VIII. General Terms and Conditions
8.01 Termination
a. The City may terminate this Agreement prior to the date the Dispatch Center
begins providing services for the City, subject to compliance with the following
conditions:
1., The City shall deliver written notice of such termination, in the form of a _
- - Deleted:)
resolution by City's City Council, to the County, at least sixty (60) days
prior to the time the Dispatch Center is scheduled to begin providing
services for the City.
2, The City shall reimburse _the County for payments made by the County to_ _
-- Deleted: )
the City to buy the City's PSAP /Dispatch Center equipment, with
payment to be received by the County within twen 20 business days
- Deleted: hvo ta>
of receipt of the notice from the City by the County.
3, The City shall reimburse the County for the full cost of any equipment, _
- Deleted:>
furniture, materials, or services purchased by Ramsey County in order to
integrate dispatching for the City into the Dispatch Center, with payment _....
- Deleted: Mapienwod
to be received by the County within twenty (20),busmess days of receipt _ _.
_ - Del eted: hvo ta)
of the notice from the City by the County.
4, Upon receipt of payments under 2,and 3,above, the County shall permit _ _
-- Deleted:
_
the City to remove the equipment, furniture, and materials for which the
- Deleted:
City,feimbursed the County.
` Deleted:)
5 The City shall reimburse the County for all costs incurred by the County
in relation to the City's termination of this Agreement, including, but not
Deleted: it
limited to, costs for disconnecting or modifying equipment and
Deleted:
additional consultant costs. Such payment shall be made within fifteen
(15) business days of receipt by the City from the County of an invoice
for such termination costs.
b. Except as otherwise provided herein, this Agreement may not be terminated
during the Initial Term. Thereafter, either party may terminate this Agreement at
the end of a calendar year by action of its governing body and upon a minimum
of twelve (12) months written notice to the other party.
8.02 Indemnification and Insurance
a. Each party agrees that it will be responsible for its own acts and the acts of its
employees, elected officials, and agents as they relate to this Agreement and for
any liability resulting therefrom, to the extent authorized by law, and shall not be
responsible for the acts of the other party or its employees, elected officials, and
agents, or for any liability resulting therefrom prior to Ci r emlo, eesg
County employees Effective on the date that Ciblljr employees become County
em to ees the Count will be res onsible for its own acts and omissions and the
acts and omission s of it s employ, elected officials an ag ents, to the ext
authorized bylaw. Each party's liability shall be governed and limited by the
Municipal Tort Claims Act, Minn. Slat. Chapter 466 and other applicable law.
b. consistent with the provisions of Section 8.02 a., ea party agrees to defend, _
indemnify and hold harmless the other party, its employees, elected officials, and
agents from any liability, claims, causes of action, judgments, damages, losses,
costs or expenses, including reasonable attorneys fees, resulting directly or
indirectly from any act or omission of the indemnifying party, its employees,
elected officials, or agents, in the performance or failure to perform its
obligations under this Agreement.
C. Each party warrants that it is able to comply with the aforementioned indemnity
requirements through commercial insurance or a self - funding program.
d. The County agrees to maintain property insurance coverage throughout the term
of this Agreement on the Dispatch Center facility and all of the County
equipment within the Dispatch Center. The City agrees to maintain property
insurance coverage on all Cit e ui ment rior to the date title transfers to the
County in accordance with the provisions, if this Agreemen6
8.03 Non - Assignability
Neither party shall assign any interest in this Agreement nor transfer any interest in the
same, whether by subcontract, assignment or novation.
8.04 Compliance With Applicable Law
a. Both parties agree to comply with all federal, state and local laws, resolutions,
ordinances, rules, regulations and executive orders pertaining to unlawful
discrimination on account of race, color, creed, religion, national origin, sex,
marital status, status with regard to public assistance, sexual preference,
disability, or age.
b. Both 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.
X 8.05 5 , Data Practices
All data collected, created, received, maintained or disseminated for any purpose in the
course of either party's performance of this Agreement is governed by the Minnesota
Deleted: E
Deleted: tnonglont the tern
Deleted: on all of the City equipment
within the Dispatch Center
Deleted: 8.05 =Prevailing Wage1
Both parties agree to conform to the labor
laws of the State of Mhmemta, and all
other laws, ordnnaioes, and legal
regoirernems affecting the work in
Ramsey Coa my and Minnesota. The
mininnun wage rate per lour to be paid
for each classification ofwork shall be
the noon wage rate in the locality of the
project for those classificator, over
which theonions have jnrisdicton and
the local prevailing rate for those
classifications of work in the localities
over which the o nior, do not have
jnrisdicton)
4
Deleted: 6
Government Data Practices Act, Minn. Star. 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.
8.0(� Audit _ _ _ - - oeleted: 7
Until the expiration of six (6) years after the termination of this Agreement, each party
shall, upon written request of the other party, shall 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.
8.07, Alteration _ _ - - DO ted: s
Any alteration, variation, modification, or waiver of the provisions of this Agreement
shall be valid only after it has been reduced to writing and duly signed by both parties.
8.0� Notice
Any notice required to be given by this Agreement shall be made by delivery by first
class mail, postage applied, to:
Ramsey County
Office of the County Manager
250 City Hall/ Courthouse
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
City of Maplewood
Office of the Mayor
390 City Hall /Courthouse
15 West Kellogg Boulevard
Maplewood, Minnesota 55102
,. DelMed:9
8.09 Arbitration. t - -- Formatted: Bullets and Numbering
Any dispute between the parties to this Agreement may be subject to arbitration, if
mutually agreed to in writing by the parties. The parties shall mutually agree on an
arbitrator and the arbitration will take place under the rules and procedures of the
American Arbitration Association. The parties shall pay their own internal costs and shall
each pay 50% of any out of pocket fees or costs related to the arbitration.
8.10 Interpretation of Agreement; Venue. t - -- Formatted: Bullets and Numbering
This Agreement shall be interpreted and construed according to the laws of the State of
Minnesota. All litigation regarding this Agreement shall be venued in the appropriate
state or federal district court in Ramsey County, Minnesota.
Deleted: ¶
Formatted: Bullets and Numbering
8.11 Conditions Outside Control of a Party
No narry to this Agreement can beheld responsible for conditions outside the control of
the narty claiming its occurrence, which are the direct result of force maj eure which shall
mean and include acts of ublic enemies strikes or lockouts enforceable overnmental
or,judicial orders; outbreak of war or insurrection, or acts of terrorism; insurrection
riots; civil disturbances; earthquakes, floo fires, and explosions or other sim
catastto hes or events not reasonabl within the art 's control
8.12 Entire Agreement
This Agreement shall constitute the entire agreement between the parties and shall
supersede all prior oral or written negotiations.
WHEREFORE, this Agreement is duly executed on the last date written below.
RAMSEY COUNTY CITY OF MAPLEWOOD
Victoria Reinhardt, Chair
Board of County Commissioners
Bonnie lackelen, Chief Clerk
Board of County Commissioners
Date:
Approved as to form:
Assistant County Attorney
Approval recommended:
David Twa, County Manager
Funds are available:
Robert Cardinal, Mayor
City Clerk
Date:
Approved as to form:
Assistant City Attorney
Funds are available:
Budgeting and Accounting