HomeMy WebLinkAbout4B, Radio Communications Agreement�
EN HILLS
Request fvr Counc�� Act�on
Prepared By_ Greg Hoag
�
�
Council Meeting Date: Juiy 28, 2D08
Appro�al of Rarr�sey County, Countywide Public Safety Radio Communications
Subsystem Subscriber Agreement
Budgeted Amaunt:
$fl.04
Recommendation:
Actual Amount:
�o.oa
Funding SoUrce:
NIA
Approve the Rarnsey County, Cou�ttywide Puf�lic Sa#ety Radio Gommunications Subsystern Subscriber
Agreemenf, and Authorize the Mayor a�rd City Administrator to Ex�cute the Agreet�ent.
Supporting Documents
'! . Memorandum dated July 28, 2008 from Public Works Director.
2. March 13, 2006 City Ca�ncil meeting minutes.
3. Memorar�dum dated Jar�uary 1$, 2006 from City Administrator, Michelle Wolfe
4. Rarnsey County, Countywide Public Safety Radio Communications Subsystem
5ubscrEbe� AgreemEnt.
�i EN �-IILLS
MEIVIORANDUM
DATE: Jtaly 28, 2008
TO: Honorab�e Mayor anc� City Co�ancil
Ron Moorse, City Adrr�inistrator
FROM: Greg Haag, Public Works Director
SUSJECT: Appxo�ai af Ramsey County; Cowltywide Public Safety Radio
Communications Subsyste��n Subscriber Agreement
BACKGROUND
At the March 13, 2006 City Council �neeting, Council approved the Ramsey County,
Countywide Public Safety Radio Communications Subsystem Subscriber Agee�ent. Attached
are minutes from the ineeting and tY�e Staff inemo dated Janua�-y 18, 2006 from Michelle Wolfe,
City Adrninistrator. This agreen:�ent was never fu�ly executed with signat�res due to the fact
�hat Arden hills at that time had not purchasec� any 800 MHz radias for use on tl�e system.
Ramsey County requested that this item be braught back to City Council for execution now that
we are radio users on the system.
STAFF REC�MMENDATiON
Approve the Ramsey County, Cauntywic�e Public Safety Radzo Co�a�municatiorzs S�bsystem
Subscriber Agreement.
RECOMMENDED C4UNC�L ACTI�N
Approve the Rainsey County, Cou��tywide Public Safety Radio Commu�ications St�bsystern
Subscriber Agreement, and autharize the Mayor and City Administrator to execute the
agreennent.
ARDEN H�,LS CITY C�UNC�L — N1ARC� I3, �.�fl6 9
� F. Mation io Ap�rflve Cify 5taff Su6mitti�g a Graut Applicatio� far Funtlin�
Assistance Assaciated with YJnt�atin� the Ci�v's Camur�hensive Pi�n
Ms. �arton stated Met Council �requires jurisdictions to su�mit a Cort�pr�hensiv� Piat� au�lining
thair po�ici�s and abjectives related to land use and zonin�. This plan is requfred tQ be updated
every 10 y�ars, with the n��t i�pda#e being due in 2�45.
Last week staff beeame aware of an opportunity to obtain Cunc�in� assistance foz ti�.e update o�the
Cit��'s Co�nprehensive Plan tl�rough B1ueCross S1ueShield {`BCBS'�}. The grant is intended to
assist municipalities to integrate acti�ve livir�g p�.nciples inta �l�eir communitzes. �pecif cally, this
f�.t�ding opportunity is designed to support communities in prepaXxnglre�ising their
compre�ensiv� developrnent plans and identifying relevant or�.inance subsections for
modificatian in ke�ping with the new plans.
The tern� "acti�e livin�" denot�s a vva� of life that integrates ��yszcal activity into daily routines,
not just for recreatioi�.al purposes, bui also for u�ilitarian purposes, such as errands, trips to the
grocery store, edmmuting to u�ork, etc. Cornmuniiies car� influence the choices their rasidents
make concerning physicai acti�ity through land u�e po�ici�s, transpartatian systems, and the
avaitability of walki�g paths/gr�envvays, at�_ Research shovrs t�at cities can have a�asit�ve
impact on �ates o#'physical activity through plannin� and palicy_
The grant would provide fiulding up io $75,040, as �rell as providing technical assista�ce and
� training oppariunit�es_
BCBS requires that all interested communities suY�mit a Notice of Intent ta Ap�ly, no latEr than
IVTarch 17, Z005.
Sta#'f recorr�mended Co��il authnrize staff to submit the Natic� of Tntent ta Apply.
MOTION: Councilmamber Larson �oved and Cauncilmember Graint seconded a
motion �o authorize s#a#�f to submit the Notice of Intent to Apply_ The
moii�n carried una��zzxiausiy (S-0).
G. Jain�t Pavvers A�reement wi#h Ramsey County_far D15Raich S�rvices and Subscriber
A reerne�t for Coun ide P�t�lic Safe Radio Subs stem Subscriber A reemcnt
vs�ith Ramssv Caunty
Ms. Wc�lfe explained the Joir�t Powers Agreem�nt and Subscriber Agree�ent vc�it� Ramsey
�ounty a.nd the reasons for upgrading to �he 800 MHZ radio systern.
MOTIQN: Councilmez�ber Grant moved and Councilmember Holden seconded a motion tn
approve the �oinE Powers Agreement with Rarnsey Coui3iy fflr Dispatch 5ervi�es
and the Co�.ntywide Public Safeiy Radio Subsystem Subscriber Ag�reement with
� Ramsey County. The motion carried unanizx7.ously (5-�).
EN HILLS
MEMORANDUM
DATE: J�anuary 18, 20d6 AGENDA ITEM 6.G
TO: Mayor and City Council
FROM: Michelle Wolfe, City Administrator
SUB.FECT: Approval of Agreements:
1. �oint Powers Agreement B�tween Ramsey County and the City of Arden Hills
for Dispatch SeFvices
2. Ramsey County Countywide Public Safety Radio Cornmunications Subsystem
Su��criber Agreement
INTR4DUCTION
During the past several months, Raz�czsey County has been in the process of ca�stz-ucting a new
$00 MHz radio communications system. The County is also in ihe process of construc�ing a new
dispatch center and will be prnviding dispatch services far a11 of the cities in the Couniy with the
exception of White Bear Lake. T�e County �as asked that cities approve a�oint Powers
Agreement regarding the provision of dispatch services and a su6scriber agreeme�t relatfng to
use of the new 800 MHz radio system.
BACKGR�UND
For mare than two years, Ramsey Co�nty has been in the �rocess of plans�ing and iznplementing
a new 800 MHz radia communications system which will sez�ve as a subsystem to the region-
wide $00 MHz systert�. As part of this process, one of the County's goals was ta develop a new
dispatch center �hat would serve aIi of the cities in t�e County as well as the Ramsey County
Sheriffls Department. Last year, the County reached agreement with the cities of St. Paul and
Maplewood to consalidate dispatch services. As part of these discussions regardir�g consaIic�ated
dispatch, suburl�an communities were concerned about the allacation af costs for the new
dispa�ch center. Ultimately, it was agre�d that dispaich center �perating costs would be funded
60% on the co�ntyvc�ide �ax levy and 4Q% based on calls far service. Under this proposed
fortnula, the Ciiy's costs for dispatch services wiii be similar to our current �ayment for dispatch
services to the Sheriffls Depariment.
Under the proposed agreenneni, the City o�' Arden wil( pay $30,b78 per year for the f�rst tvvo
years, at which time the �ormuia takes full affect. In the cur�-ent 2006 budget %r Rart3sey Co�xnty
Sheriffls Department, we a�located $32,642 for dispatch services. We will have io contribute aur
share of the cost of radios far Lake 3ohanna Fire Dapartment, which is estima�ed at $19,SQ8.
T�i�reafter replacement radios will be budgeted within annual o�erating budgets.
The Cour�ty is requiring that cities that receive dispatch services enter into the attached Joint
Powers Agreement (,�PA). The JPA incorporates the general ierms and conditions of the
dispatch center operations. Some of the key provisions include:
Terrn — The 7PA is in effect unti� December 31, 2016 and shall be automatically renevved
far additionai 1-year periods af�er the initial tirr�e frat�e.
Committees — The JPA includ�s the £orrnation of both a policy committee and a Dispatch
U�ers Group. Each of these co�nittees wiil have representatives frorr� both St. Paul and
suburban coznmunities. As discussed during ihe Council retreat, Cauncil member
Pellegrin has indicated his interest and willingness io servica an this co�tunittee. If
Coucnil approves #he proposed JPA, I witl inform the County Manager of his interest.
Casts — Operaiing costs vc�ill be funded 60% an a countywide tax levy and 40% based an
calls for service consistent with the cot�promise that was agreed to earlier by the County
an� cities.
The Countywide Public Sa�ety Radio Communication Subsystem Subscriber Agreernent is more
technicai in nature and deals with the use of the regian-wide S00 MHz system; purchas�,
mainte�ance and repair of radios; and adrrainisErative and operation support of the subscriber
radios.
RECOMMENDATYON
Based on the foregoing information, the fallowing is reco�nrr�ended:
1. Approve ihe .Toint Powers Agreement with Ratr�sey County for dispatch services
2. Approve the Countywide Public Safety Radio Subsystem Subsc�iber Agreement.
Attachments
11N(etro-inet.uslardenhitlslAdminlCity AdministratorlMen�o12006103-E3-06 Memo RE 800 MHz & Dispatch.doc
Ramsey County
Countywide Public Safety Radio
Communications Subsystem
Subsc�iber Agreement
Setween Ramsey County and Au�horized Subscribers Regard�ng:
i} Use of the Ramsey County Subsystem to the Regionwide Public
Safety Radio Communications Sys#em;
2) Purchase, Maintenance and Repair vf Subs�riber Radios; and
3} Administrative and Operational Support of the Subscriber Radio
Fleet
THIS AGREEMBNT is between R.AMSEY COUNTY, a political subdivision of the State af Miruaesata, througi� iis
Counfiy Manager's Office ("COIJNTY"), 250 City HaWCourthouse, 15 West Kellogg Bo�levard, St. Paui,
Minnesota 55102, and CTTY OF ARDEN H�LLS, 12A�5 W. Highway 96, Arden Hilis, MN 55112-5794, acting by
ancf tIu-ough its duly authoeizecf officers {"SUBSCR[BER").
WI IEREAS, COUNTY is in the process of planning and construeting a subsystett� ("Subsystern"} of the
Regionwide Public Safety Radto Communications System {"Sysie�n"); and
WHEREAS, �OUNTY has planned the Subsystem in cooperation and collaboration with representatiaes oi Cities,
Poiice Depart�ments, Fire Departments, and other public safety users witI�in Ramsey County; and
WHEREAS, SUBSCR]BER has elecied to participate as a Subsystern Subscr�ber; and
WHEREAS, COLTNTY and SUBSCRIIBER wish to set forth their respective roles and responsibilities and the
terms and cnnditions of their understanding;
NOW, THEREFORE, in consideration of the mut�aI undertakings and ag�ree�nents hereinafter sei forti�, COI_JNTY
and SUBSGRIBER agree as follows:
l. DEFIIVIT�ONS
Activation means the point at which a radio is enab�ed to operate on t1�e Subsystem.
Certify means, in relation to a radio, approved by use for the Subsysiem.
C[oning means #he process whereby a Code Plug is written into the rriemory of a radio_
Code Piug means the progeam file containing talkgroup infarrtiation and configuration settings thaf is
written into the mernory of a radio.
Couniy-Approved Vendors �neans vendars identified by ihe Couniy as having been State-certified to
ser�vice the radios to be purchased by SUBSCRIBER and with which the Co�-ity has a contract_
Fieet means the set oFradios with assigned radio sqstern identifca#ion numbers that fall within the nu�neric
range assigned to Ramsey County by the State of Minnesota or that cotttain Code Plugs that are maintained by the
COUNTY.
Metropolitan Eme�'gency Services Board or MESS means the hoard created by a Joint Powers
Agreement among Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington Counties and the City of
Minneapolis, to act as the Metrvpolitan 911 Board; as a regiot�a� radio board and as the successor to the MRS; and
as a regional emergency medical services board.
Metropalifan Radio Board or MRB means the poiitical subdivisian created pursuant to ihe provisions of
Mi�nesota S#atutes §443.22, Sui�d. 1 to provide govemance over the planning and implementation of the Statewide
840 MHz interoperable radio communication system, whose responsibilities were to be transferred to the Sta#ewide
Radia Baard purs�ant to Laws of 2004, Chapter 201, Section 22.
Programmi�g zneans the process of preparing a custom Code Plug and Claning into one or more ra.dios.
Raclio System Ma�ager means ihe COUNTY etnployee who manages, and provides coordina#ion and
administrative directior� for the Subsystem.
Reguiar In-Shop Ffat F��s means the hourly rates or per unit pricing established i�t an agreernent between
COUNTY and a COUN"I'Y-Approved Vendar for service on SUBSCRIBER radios at the vendor's site.
800 MHz Subsystem Subscriber Agreement — City of Arden Hi�ls 2 of 10
S�bsystem means that part of the regionaI 800 MHz interoperable radio system constructed an� owned by
the COiJNTY.
St�bsystem InfrasEraeture Sapport Costs xneans all costs incurred by COLTNTY that are necessary tfl
keep the Subsystem operational for the purposes for which SUBSCR�BER is using the radios_
System rneans the regional trunked radio network infrastructure and associated base radio subsystems built
by the Minnesota Department af Transportation, the Meiropolitan Radio Board, and entities that entered into
Cooperative Agreements with the MRB to canstruct subsystems.
Systgm Key File t�.eans the computer fiie necessary to program radios for use on the Systetn,
2. PURPOSE AND INTRODUCTIQN
The purpose of this Agreerr�ent is to define the rights and obligations of COUN'I`Y and SUBSCRIB�R with res�eci
to the cooperat�ve and coordinated purchase, maintenance, technicai and administirative support and use of porta�le,
mobile, desktop and other end user radios by the SUBSCRIBER on COUNTY'S Subsystem. The �ubsystem is a
multi-sit� general purpose wireless communications system designed ta pro�ide, among other things, 95% area
coverage reiiabiiity for portable radio operatian above graund level in ligh# to nnediurn buildings throughout most
of the Caunty. Other SUBSCRIBER benefits and services �clude access to the Systern, a wide area nine-county
regionwide public safety radio cammunications system; xnultiple System redundancies with backup power; a wide
range of talk groups; electronic identiiication of all radios on ali transanissions, 99.949% microwave system
reliability; sysiem security; radio interoperabiIity; 24 hour a day Subsystem monitoring and repair response; access
to a pool of specia� event radios; and SUBSCR3BER radio training.
3. DUTIES AND RESP4NSYBILITiES O�' SUBSCItIBER
3.1 Conformattce to Meno olitan Emer enc Services Board and COLJNTY Standards
SUBSCRIBER agrees to conform to alI appIicable standards, policies, pracedures and protocols estabiished or
amended by the Metropolitan Emergency Services Baard ("MESB") or i�s successor; the State Radia Board; and
COUNTY reiated to use of the Subsystem, includir�g, but not litnited to, radio user iraining re�uirernents, radio
operating guidelir�es, audii, monitaring, and cornpliance. When COLTNTY recetves the information, COUNTY wiil
notify SUBSCRIBER of such applicable standards, policies, procedures and protocols in accordance wit� the
Subsystem proceduces.
3 2 Conformance to Federai Laws and Re ulaiions
SUBS�RIBER agrees to conform to all applicable Federal R�les, Regulations, and Laws pertaining to use of the
Subsystexn, including, but not limited to, the Cammunications Aci of 1934 as Amended and Part 90 of the Federai
Communications Corn�nission Ruies and Regu�ations.
3.3 Res onse to I�n ro er Use
In t�►e event COUNfY info�s SUBSCRIBER that statisiical analysis of 5ubsystem usage or other information
indicates that SUBSCR1BERpersonnei rnay have inappropriately used �-►e Subsystem, or may have vialated
appiicable standarc�s, policies, procedures, rules, regulations, ar laws regarding proper operation of the Subsystem,
or may have violated the provisions o€ this Agreement, SUBSCR]BER agrees #o take immediate and appropriate
investigative an,d co�rective action to stop the violation and eiiminate any reocc�urence.
3.4 S�bscriber Pleet 5u ort �'ees
Any Subscriber Fleet Suppart Fees estabiis�ed by the Board of Ramsey County Cvmmissioners must first 3�e
reviewed by the Subsystem Operations and Users Graup and the Subsystern �'oIicy Group. If �he Boar� of Ramsey
Coiznty Commissioners thereaiter establishes a Subscriber Fleet Support Fee schedule, SUBSCRIBER agrees to
pay COIJN"i'Y the fee assessed to SL7BSCRIBER by COUNTY. �'lee# suppart fees shall include costs ittc;arred by
800 MHz Subsystem Sabscriber Agreement — City of Arden Hills 3 of 10
COUN"I'Y for, but not limite� to, software updates, tec�z�'iical support, administrative support, configuration support,
access to the emergency and special event shaxed pool of rac�ios, and training support attril�utable to
SUBSCREBER'S participatian under this Agreement. Fees s�al! be assessad on a per-radio basis. Any such fees
wili be sub�ect to annual adjusttnent by the Board of Ramsey County Comtn.issioners. COi.JNTY is responsible for
Subsystem Infrastructure Support Costs.
3.5 Pass Through Fe�s
SUBSCRIBER agrees ta pay alI fees assessed on a per radio basis to COUN'i'Y or SL3BSCRlBER by ar�y outside
agency, as estabiished through the outside agency's wriiten contract with COUNTY or hy statutory a�thority.
3.6 Radio Clonin Fees
Far a penod of two years fallowit�g initial activation of radios listed in Appendix A by CO[JNTY or COUNTY-
Approved Vendors, SUBSCRIBER shatl be entitled to receive SUBSCRIBER-requested radio recloning by
COUNTY or CQ�_TNTY-Approved Vendors one addiiional time for each radio witho�t additianal cost to
�USSCRIBEA, and_C�UNTY will pay the costs of recloning each radio_one additional time for chan es req�ired
b the COI_TNTY. Provided, however, .that CQLTNTY shall pay such recloning costs at the Regular In-Shop Flat Fee
as estabiished in the agreemen# between CO�iN"I'Y and the COUNTY-Approved Vendor. SUBSCRIBER shaI�
obtain any additional radio recloning necessary for SUBSCRIBER to use t1-�e Subsystem at SUBSCRIBER'S sole
cost. SUBSCRIBER shall nonfy and ohiain approval from the Radio Systern Manager or the Radio System
Manager's designee prior to obtaining the additional recloning. Aii recloning must be performed by COUNTY or
CQLTNTY-Approved Vendors.
3.7 Changes in �ees
Foilowing consu�tation with ti�e Subsysiem Policy Group, COi3NTY sha�l natify SUBSCRIBER of any proposed
change in any of the fees payable by SUBSCRIBER to COUNTY under the terms of this Agreernent for the
following calendar year �o later than �une 1 of the current calendar year. T�e COLTNTY Board shall have final
authoriry to �stablish or change fees.
3.$ �n�oicin and Pa ent Terms
COLJNTY will invoice SUBSCRIBER monthly, or at ather intervaIs as determined by COCTNTY, for aIl fees
payabie to COiJN"�'Y as specified herern. For radios activated on or before the i 5"' of the month, SUBSCRIBER
wil� be charged for the entire month. For radios activated after t�e 15�' of ikie mon�h, the fees wil� commence on the
first day o€ the following month. Payment of al� fees herein shaIl be made directly to COUN"I'Y within thiriy-five
{35} days from receipt of the invoice. COIINTY-approved vendors w�o provide reprograrnming for
SUBSCRIBER shall invoice SUBSCRIBER directly and SUBSCR]BER shali make the paymet�t; SUBSCRIBER
rr�ay submit a request for reimbursement for any reprogramrc►ing costs for which COT_TNTY is responsible under the
provisions of Subparagraph 2.6 herein.
3.9 Flow Down Me�ro olitan Emer enc Set-vices Board Contract Provisions
SUBSCRIBER agrees to cornpiy with alI applicable flow down provisions contained in the Caopera#ive Agreement
�etween COUNTI' and the Metropolitan Radio Board, incorparated �erein and made a part of this Agre�ment by
ihis reference
3.10 De-certification and Dis osition of O�solete Radios
The Metropolitan Emergency Services Boaxd, or its successor, and CO�JNTY may de-certify radios, radia
operating soft�vare versions, and radio program files and configuration settings (comxnonly catled Code PIugs)
which become obsolete or unsuitable for use for reasons including but not limited to: unsafe to use, impairs
Subsystem performance, no longer supported by ihe radio manufactt�rer, no langer supporYed by COI.INTY, exhibit
substantial defects, exlubit perfot-�tance de�ciencies, impair implementation of Subsystem upgrades, become
unreliable, and become econorr�icaliy unfeasible to ma�ntain. Except in those cases affecting safety ar performance
impacts to the Subsystem, other subsystems, or the regional system, COUNTY will rnake reasonable efforts to
avoid decertification of radios owned by SUBSCRiBER vvhich have not been fu�ly depreciated and to �rovide
SUBSCRIBER wiih at least one (1) year advance notice p�ior to the effective date of radio or soflware version
decertification. Decerti#'ied radios, or radios operating with decertified software versions or decertified Code Piugs
will no� be aiIowed io access or use the Sul�system. SUBSCR�BER may not dispose of an obsolete rad.io uniil the
800 MHz Subsystem Subscriber Agreernent — City of Arden Hzlls 4 oi IO
Code P1ug and encryption key informa�ion have been deleted from the radio memory as necessary to protect private
daia and prevent unauthorized access to the Subsystezn information. SUBSCRIBER agrees to dispose of obsolete
radios, batteries and other equiprr�ent in accordance with applicable laws and ruies regarding disposal of hazardous
materials. SUBSCRIBER understands �hat it vvill not receive any payment from COi_TNTY for a decertiFed radio_
3. � 1 Limitation of Ra.dio Code Plu Files and S stem Ke File
All radio Code Plug Fi�es shail be created and modifiec� by COiINTY before the radios wili be activated or� t�e
Subsystem. Ai1 radios on the Subsystetta shall be ctoned only by COUNTY or by COUNTY-Apprav�d Vendars.
All radio Code Plug Files and System Key Files are the sole property of COUN'T'Y, and contain inforn�atzon that is
classi�ed as security information and non-public governntent data. Unless speci�cally auiharized by COUNTY in
wriiing, by law, or caurt order, SUBSCRIBER tr►ay not directly or int�irectly permit any third party to: view, read,
print, extract, copy, archive, edit, create, clone, transfer, tamper with or otherwise compromise the security of any
radio Code Plug File or System Key Fzle for any radio on the Subsystem. In the event SUBSCRI$ER Iearns that
any party has improperly or fraudulently obtained radio Code Flug Fiie information or System Key File
infoz7mation, SUBSCRIBER will immediately notify COUNTY of the security breach_
3.12 Risk of Loss and Pa ment for Lost Stolen Ur�e airable or Destro ed Radios
SUBSCRIBER assnmes #'ull risk of ioss for radios awned by the SUBSCRIBER which are lost, stolen, physically
un-repairable or destroyed fo� any reason.
3.13 Notiiication to COUN"i'Y of Missin Lost Stolen Unre airable or Destra ed SUBSCRIBER-Owned
Radios
SUBSCRTBER agrees #o immediately noiify COUNTY in vvriting of any missing, lost, stoten, unrepairable, or
destzoyed �UBSCRIBER-owned radios, so the radio can be deact�vated on the Subsystem. �UBSCRIBER shall be
responsibfe for payment of fees untii wr�t�en notifcation is received by COUN"I'Y.
3.14 Re air of SUBSCRIBER-Owned Radios
SUBSCRIBER is responsible for maintaining SUBSCRiBER-owned radios in good repair and �or replacing any
SUBSCRIBER-owned rac�ios that are unrepairable. Repair and maintenance shall be performed onty by COUN"I'Y-
Approved Vendors. COUN'I'Y will pravide this listing to SI]BSCRIBER. SUBSCRIBER s�all be responsible for
payment of fees during the period of repair. A replacement radio may not be used on the Subsystem until C4C 1NTY
or a COUNTY-Approved Vendor has cloned the radio pursuant io the provisions of this Agreerner�t. CO[IN'I'Y wili
not provide S�TBSCRIBER wi� the temporary use of a CDUNTY-owned radio while a SUBSCRIBER-owned
radio is being repaired.
3. l S D._eactivation of Radios b.�SCRIBER
SUSSCRIBER may request COiTNTY to deactivate a radio for reasons other than thase sef forth in Subparagraphs
3. I 2 and 3. I3 if the radio is no longer needed by SUBSCRIBER and will he out of use for an extended period of
time. Duri�g such period of deactivation, SUBSCRIBER'S obligation to pay fees pursuant to Subpaa-agraphs 3.4,
3.5, and 3.8 may be suspended based on MESB and COUNTY policies. COi1NTY reserves the right ta charge
SUBSCRIBER a reactivation fee if the deachvated radio is brought back into service within one year of
deactivatiot�.
4. DUTIES AND RESPONSISILITIES OF COUNTY
4.1 Furnishin� af Radios to SUBSCRIBER
SUBSCRIBER is making an initiai purchase of radios as described in Appenciix A, Subscriber Initial Purchase
Order, attached hereto at�d made a part of t�is Agree�nen.i. COiJN"I'Y will obtain the radios and wil� inventory,
inspect, test, and program them beFore they are turned over ta SUBSCRIBER.
4.2 Additional SUBSCRIBER Radios
SUBSCRIBER is responsible far the purchase and payment of radios tl�at SUBSCRIBER adds after the initiai radio
purchase describ�d in Appendia� A. Any radios sttbsequenily purchased by SUBSCRIBER znust be specificaIly
Certified far use on the Subsyste�n by t�e Metropolitan Emergency Services Board, o:r iis successar, and COUNTY.
80� MHz Subsystem Subscriber Agreemant — City of Arden Hills 5 of 10
Non-Certified radios, or radios operating with non-Certified softvvare versions will no# be allowed to access or use
the Subsystem_ Priar to use on the Subsystem by SUBSCRIBER, suc� subsequently-purchased radios must be
tested and Cloned by C4UNTY ar a COUNTY-Approved Vendor in accardance with COUNTY's policies on radio
operations and maintenance at SUBSCRIBER'S expense. All subsequent�y-purchased radios are subject to the
terms and conditions of this Agreement. SUBSCRISER shalI no�ify COI.TNTY in writing of such additional radio
purchases and COUN'I'Y wili activate the radias upon receipt of the wiritien notice.
43 Financin of SUBSCRIBER Radios and Transfer of Title
Pursuant to COIJNTY Board Resolu�on 2004-433, CQLTNTY will iinance t�e initial purchase of rad�os up to
$1,995 per radio based on the average price of the radios purchased. The total amount to be paid by COLJNTY for
SUBSCR�BER'� initial purchase is set forth in Appandix A. SUBSCR�BER will be responsi�le for any additionai
cost for the purc�iase of the number of radios ideniified in Appendix A over the arnount set forth in Appendix A as
payable by COUNTY. COCIN'TY wiii invoice SUBSCRIBER for the additional cost not financed by COUNTY
upon delivery of the radios to SUBSCRIBER by COIIN'I'Y. SUBSCRIBER shall make payrneni to COLTNTY
within thirty-ftve {35) days fror►� receipt of the invoice. Risk oi loss shall transfer to SUBSCRdBER upon detivery;
and title wi�l �-ansfer upon receipt by the COITNTY of payment in full from SUBSCRIBER. FaiIure of
SUBSCRIBER ta make payment within the specifiec� time penod will be grounds for COUNTY to discannect the
radio frorn the Subsystem. SUBSCRIBER rnay not transfer owr�ership of radios fnanced by CQiTNTY to a third
party during the �-►itial Ternl without th� prior consent of COUNTY.
4,4 S ecial EvendEmer enc,�Radios
COUN'i'Y w#11 maintain a Fleet of radios which wili be made available to SUBSCRiSER, generally on a�rst come
first serve basis, far temporary assignment for specia� events, response to emergencies, or other similar e�ents. The
risk of loss tratisfers to �UBSCRIBER upon receipt oF the COUNfY radios and SUBSCRIBER shall b�
responsible for the lass of or damage to the COLTNTY radios, incIuding ihe cost of repair, the cost oi a reptacerr�ent
radio, and programming and other costs requirEd to put the radio in the same operational condit�on i� was in when
assigned Eo SUBSCRIBER. If there are rr�ore requests for these radios than can be accomrnodated, CO(.iNTY will
prioritize allocations. These assigned radios wilt have a generic Code Plug using corninon county and regional
interoperability talk groups.
4.5 Allocation of Subsystem Resources
COUNTY will allocaCe to SUBSCRIBER, on a fair and non-discriminatory basis, sufficient Subsystem resources
inciudirtg, but not limited to, Talk Groups, Announcement Grnups, Radio Unit IDs, and Alias IDs, in order to
provide SUBSCRIBER with an equivaient grade of service afforded to other comparable Subsystem Subscribers.
4.6 Monitorin o�UBSCRIBER Talk Groups
COi_TNTY may periodicaily monitor talk groups allocated to SUBSCRIBER for SUBSCRIBER'S inter€�a! use for
Subsystern management purposes, inctuding, but not limited to, maintenance, t-�-oubleshooting, per#'ormance
assessxnents, unusual traffic pattems (sudden jump in usage), and palicy and procedure cornpIiance checks.
COUNTY monitaring of SUBSCRIBER'S taIk groups may occur at any time, for any duration, may be wit�out
notice, and is subject ta recording. Access to recordings of any data fro�n this monitoring is subject to the
provisior�s of the Minnesota Gov�rnment Da�ta Practices Act.
4.7 Radio O erator Trainin
COI.JN"i'Y wil[ provide SUBSCItIBER with access to end user radio training, ins�uciional maierials ir� hard capy
ar digitai media �o�, and training instructors as made avaiiab�e or provided to COi.TNTY fro�n the Metxopolitan
Emergency Services Baard, or its successor, or other sources for the deployment oiradios inciuded in
SUBSCRiBER'S initial purchase, at no cost to SUBSCRIBEA. Howe�e;r, COUNTY wiil not be respo�sibie for
reimbursement to SUBSCRIBER of SUBSCRIBER'S interna� c�sts related to attendance of SUBSCRIB�R staff at
such training. Once the initial training is provided, SUBSCRiBER wiIl be responsible for the cost of training new
emptoyees and for providing refresher training. COUNTY and SUBSCRIBER rnay agree to provide future training
cooperatively.
800 MHz Subsystem Subscriber Agreement — Ciiy af Arden Hills b of IO
4.8 Subs stem Database Adminis�ration
COUN'I'Y will manage and administer th� Subsys#e�n database records containing the in%rmation related to
inventory, configuration, prograrnming history, software version control, radio IDs, service levels, and statistical
usage analysis, %r SUBSCRIBER owned radios used on the Subsystem.
4.9 Radio Station Licenses
COI_7NTY shali hold and administer all FCC licenses on beha�f of a�l Sitbsczibers of the Subsystem. SUBSCRIgER
shalI operate, as autharized, mobile, portable and control staizon units under COUNTY'S �CC radio station
licenses.
4.10 No�hing herein shali cons�itute a representa�ion or wartanty by COUNTY that the Subsystem shali operate
without error.
5. SUBSYSTEM OPERATiONB AND MANAGEMENT
5. i De�rrtment Division
COf�N'TY shall operate and manage ti�e Subsystem under the direction of a Systert� Manager as a division vcrithin
the Office of the Ramsey County Manager. This division wiil include all aspects of 5ubsystert-► pIanning,
operations, rnaintenance, and management. The division will dea� with the Subsystem backbone including netwark
connectioxts, base radio stations, anter�as, microwave an� fiber optic systerns, and will address subscriber unit
related issues such as maintaining the Subsystem database and managing access to the Subsysiem by subsc�iber
unit �sers.
5.2 Subs stem O eratians and Users G�'ou /Subs stem Polic Grou
The Subsyste�n Qperations and Usez's Group shall be made up of represen.iatives of SnbsysYem users. The
compositio� of the Subsystem Operations and Users Group shalI b� determined by COLJN'rY Board resolut�on.
Each represented Subsystem user sktal( appoint its own representative. `�`h.e �ubsystem Operatians and Users Group
shall make recommer�dations to th� Radio System Manager and to the Subsystem Policy Group on operational
poiicies, protocols and procedures, and an such other matters as either shall request.
The Subsystert-� Policy Group shal� be rtiade up of persons appointed by the COIINTY Board to advise the
COi_TNTY Board on the Subsystem budget, funding, non-operational policies, and such other matters as the
COUNTY Baard shall reyuest by COIJNTY Board reso�ution.
6. TERM AND CANCELLATION
6. I_ Term of Agree�nent
This Agreement sha1� be for an initial term begi:nning on the ciate following execution by both parties and
contin�ing through December 31, 2flib ("Initiai Term"j. After the Initial Term, this Agreement wil! automatically
be extended for additionai one {1) year terEns, up to a maximum of ten (10) renewals, subject to the rights af the
parties to cancel t�is Agreement under Seciians 6.2-6.4.
6.2 Cancellation of A eernent � COUNTY
Except as otherwise provided in Section 6.4, this A�eement may not be canceled by COUN"I'Y duzing the Initial
Term. Thereafter, this Agreement may be canceled by COUN"TY for lack of funding to operaie the Subsystem,
taking the Subsystem aut of service, and other mat�rial causes not attributable to SUBSCRIBER, upon three
hundred and sixty fi�ve (365) days' vvritten notice to SUBSCRIBER, provided that any such cancellation by
COUN"I'Y shall require action by the Baard of Ramsey County Commissioners.
G.3 Cancellation of A eement b SUBSCRIBER
This Agr�ement may be canceled by SUBSCRiBER at any time wit�t or without cause upon thu-ty (3U) days'
writ�en notzce to COI_TNTY, provided that any such canceliation by SUBSCRIBER sha11 require action by
SUBSCRiBER'S governing body.
800 MHz Subsystem Subscriber Agreement — City of Arden Hills 7 of 10
6.4 Canceliation of A eement for Default
If either pariy fails to perfarm any material ter�n of ihis Agreenn.ent, it shalI constii�te a default. Unless
SUBSCRIBER'S default is excused by COUNTY, COiJNTY may, upon written �otice, im�taediaieIy cancel #his
Agreernent in its entirety. Default by SUBSCRIBER shall include, but is not iimited to, continued triisuse of the
Subsystem, br�ach of Subsysietn data security, and iailure to pay in accordance with the provisions of this
Agreement. Unless COUNTY'S default is excuse� by SUBSCRiBER, SUBSCRIBER may, upon thiriy (30) days'
written notice, cancel this A�eement in its entireiy.
Notwithstanding any pravisian o� this Agrecment to tlte contrary, the defauiting party shall not be relieved af
liability io the other party for damages sustained by the non-defazslting party by virtue of any bceach of this
Agreement by the defauliing party.
The above re�edies shail be in additian to any other right or remedy available under law, statute, rule, and/or
ec�uity.
The failure to insist upon strict performance of any provision or to exercise any righi under this Agreernent s�all r�o�
�e deemed a relinquishment or waiver af the same, u�less consented to in writing. Such consent shall not constitute
a general waiver or relinquish�nent througt�out the entire tertn of the Agreement.
6.5 Actions U on Terminatian or Cancellatior�
Upan expiration or cancetlation of this Ageetnent, SUBSCRIBER shall cease aIl use of fhe SubsysYern including
usin� the Subsysiexn with radias own�d by SUB�CRIBER and SUBSCR]BER sha.11 deiete Code Plugs and
encrypt�on key information fro�n the radifl memory as necessary to protect private data and prevent unauthorized
access to the Subsystem information.
7. MERGER AND MODIFICATION
7.1 Entire A eement
It is �nderstood and agreed ihat the entire Agreement between the parties is contained herein and that this
Agreement supersedes aIl orat agreem�nts and negoiiations between th� parties relating to the s�bject matter heret�f.
AI1 it�ms refert-ed to in this Agreement are incorporated or atiached and are deemed to be �art of this Agreement.
72 A�nertdments to A eerr�ent
Any alterations, variations, tnodificatians, or waivers af pr�vfsions of t�is Agreement shail only be vafid when they
have been reduced to wr[ting as an amendm�nt to this Agreement signed by authorized representat�ves of both
parties.
S. MISCELLA.NEOUS PRQVISIONS
8.1 Liabitity
Each party agrees ihat it wzll i�e respons�ble for its own acts and the results thereof, to the extent anthorized by law,
and shali not be responsible for the acts of the other party and the results tl�ereof C4UNTY'S Iiability is governed
by the provisions of Minnesota Statutes Chapter 466. SUBSCRTBER's liability is subject to the provisions of
applicabie Minnesoia statutes.
8.2 Data Privac
SUBSCR�BER, its af�cers, agents, owners, partners, ernpioyees, volur�teers or subcontractors agree to abide by t�►e
provisions of the Minnesota Government Data Practices Act, Mi�tesota Statutes, Chapter 13, and all other
appiicable state and federal lar�rs, rEiles, regulations and orders relating ta data privacy ar confidentiality, and as any
of the same may be amended. The responsible au#�ariiy for SUBSCRIBER is
The responsibie aut�ority for COLJNTY is Mary Mahoney.
8b0 MHz Subsystezn Subscriber Agreemen# — City of Arden HiIls g a f�p
8.3 Contract Administration
In order to coordinate the services of SUSSCRIBER with the aciivities of COUNTY so as to accomp�ish the
purposes of this Agreement, shall manage
this Agreement an behalf of SUBSCRIBER, the Radio Syste�n Manager shalI manage this Agreemeni on behalf of
COUNTY, and both sha11 serve as liaisans betc�veer� the parties.
8.4 Not�ces
Any notice or dennand which must be given or rnade by a party �ereto under the tern�s af this Agreemer�t or any
siatute or ordinance shall be in writing, and shali be sent registered or certified mail. Noiices to COI7NTY and to
SUBSCRIBER shail be �ent to the addresses stated beiow:
To COUNTY: County Manager
Suite 250 City HaillCourthouse
15 West Kellogg Boulevard
St. Paul, Minnesota 55102
To SUBSCRIBER: Ciry Administrator
City of Arden Hills
i 245 W. Highway 96
Arden Hitls, MN 551 i 2
8S Mfnnesota Laws Govern
The Laws of the Sta�e of Mir�nesota shall govem all quest�ons and interpretations concerning the vaiic�ity and
construciic�n of this Agreement and the legal reiations be#ween the parties and perfarmance under tY�is Agreement.
The appropriate venue and jurisdiction for any iitigation hereunder wiii be the state or federal courts tocated within
the County of Ramsey, State of Minnesota. If any provision of this Agreer�ent is held invalid, itlegal or
unenforc�able, the remaining provisions will not be affected.
8.6 Mediation
COUNTY and SUBSCRIBER agree to subrr�it all clai�ns and disputes between the parties arising out of or re�ating
to this Agreeinent to t�ie Subscriber �'olicy GroUp. If the Subsystem Palicy Group cannat reach a resolution, the
COUNTY and SUBSCRIB�R agree ta submit the clairr� or dispute to mediation. The mediation shall be co�ducied
tluough a mutually agreed upan mediator. The parties shall decide whether mediation shaIl be bznding or non-
binding. If the pa�ies cannot reach agreement on this issue, mediatian shaIl be non-bi�ding. U� the event
mediatian is ur�successful, either party may exercise its legai or equitable re�nedies and may comrnenc� such act�on
pnor to the expiration of �e applicable statute of limitations.
$.7 Force Majeure
Neither party shall be liable to the other for any loss, damage, faiiure, deIay or breach in rendenng any services or
performing any obligations hereunder ta the extent such failure, delay ot' breach results from any cause ar event
beyond the control of the party being released hereby t"Force Majeure"), includipg, vvithaut limitatior�, iire or other
casualty, acts or threatened acts of terrorism, pestilence or epide�nic, striice or labor dispute, war or other violence,
acts or inaction of any governinental authority, or any ather cause heyond the reasdnabl� controi of the party. The
excused party shaIl use reasonable efforts under the cireumstances ta avoid ar remove such causes of non-
perfarmance and shall praceed to perform with reasonabie dispatch vvhenever such causes are rem.oved or cease.
8_8 Nothing herein shall preciude the Ramsey County Board of Commissioners from exercisi�g its full
authari�ies in relation tc� t}iis Agre�rneni.
S00 MHz Subsystem Snbscriber Agreeinent — Ciiy af Arden Hills 9 of 10
WHEREFORE, this Agreement is duly executed on the last date written below.
itAMSEY COi]NTY C�TY OF ARDEN HILLS
By:
David Twa, County Manager Its:.
Date
Date:
Approved as to form and insurance:
Assistant County Attorney
Pu�chase Order ar
Aspen Vendor Contract N�nber:
Funds are availa�le
Account Numl�er:
Sudgeting and Accoan�ing
80l� MHz Subsystem Subscribez Agreement — City of Arden Hills 1Q of 10
Suhscriber Initiai Purc#�ase Order
City of Arden Hiils
Q�i' . Model Description
4 H46UCF9PW6_N XTS 2500 Model If / 160-channel 1800MHz
4 Q574 Sofiware 96D4 Baud (MN Me#ro Pkg_)
4 Q393 175Qrr3A�i NsMH FM Battery (NifV9857)
4 H8$5BK 2-Year E.S.P. (3-year to#al warrantyj
4 Q959 ADi3: Encryp#ion UCM Hardware
4 Q625 ENFi: DES/QES-Xt/DES-OFB
4 H869 ADU: Multikey
4 Q'E Promotion - MiJSi' BE PllRCHASED BE�QRE 3121/08
SU BTOT/•IL
� Subttaci County Subsidy ($'l,995 per radio x 4)*
S��scriber Obligation #o Ramsey County
Appendix A
$
$
$
�
$
$
$
$
$
Unit Price
1,069.54 $
1, 7 55.75 $
56.58 $
67.00 $
103.50 $
4i3.31 $
227.70 $
(2�O.D0) $
$
(1,995.00) $
Total Price
4,278.40
4,623.00
226.32
268.00
414.00
1,65324
990.$4
($Q0. DO)
11,573.36
(7, 980.00}
$ 3,593.36
Any addiiionaf radios purchased by the Subscriber prior to the closeout af fhe 800 MHz Project budgef
shail be considered part of the Subscriber IniEial P�rcf7ase Order under the terms of the Subscri�er Agreement_