5.d) Communications System Subscriber Agreement with Washington County for 800- MHz Radio System Meeting Date: 1/20/2009
Agenda Item: � �
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City Council Agenda Report
City of Scandia
14727 209`h St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Approve Communications System Subscriber Agreement with
Washington County for 800 MHz Radio System
Deadline/ Timeline: N/A
Background: • The new 800 MHz radio system will soon be completed and will
be put into service in the middle of February, 2009.
• The County has proposed the attached agreement to cover use of
the radio system by Scandia's Fire Department. The agreement is
consistent with the County's policy for cost-sharing with the other
governmental units that use the system.
• The City will be responsible for payment of subscriber fees in
2009 and 2010 of$400.00 per radio. Any fee increases in future
years must be provided to th�city on a timeline that will allow the
costs to be incorporated into the budget. The fees for 2009 have
been anticipated in the city's adopted budget.
• The term of the agreement is one year. It will automatically
extend for additional one year terms unless either party gives 120
days notice prior to the expiration of the current term.
• The attached agreement was reviewed by the City Attorney and
Fire Department.
Recommendation: I recommend that the City Council approve the agreement.
Attachments/ • Letter dated December 26, 2008 from Dean Tilley, Radio System
Materials provided: Manager
• Washington County Administrative Policy#1036
• Communications System Subscriber Agreement
Contact(s):
Prepared by: Anne Hurlburt, Administrator
(800 mhz subscriber agreement)
Page 1 of 1
O1/12/09
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William M. Hutton
Sheriff
Mike Johnson
Chief Deputy
December 26, 2008
Anne Hurlburt, City Administrator
14727 209th Street North
Scandia, Minnesota 55073
Ms. Hurlburt,
On September 5 of 2006, the Washington County Board of Commissioners adopted administrative policy
#1036 establishing the cost participation between Washington County and other ajencies for the 800
MHz radio system.
The 800 MHz radio system construction is nearing completion and will be put into service starting in the
middle of February 2009. We are in the process of completing work on programming of the radios and
training for users of the radio system.
Enclosed with this letter, you will find a user agreement for your review and approval by your city
council. This agreement between the city and county will cover the use of the radio system by members of
your fire department. The radio system is also available for use by other departments in your city such as
public works and park departments.
There are three copies of the agreement. Please have all three signed and returned to me. When the
County Board signs the aareement, I will return one to your city.
If you have any questions, feel free to contact me at 651.430.7863 or dean.tilley@co.washington.mn.us
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Dean Tilley, Radio System Ma ������,��----�—�
Washington County ;
15015 62"d Street North �
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P.O. Box 3801 ` �
Stillwater, Minnesota 55082
CITY' C?F S::ANQIA �I
Law Enforcement Center • 15015 62nd Street North— P.O. Box 3801, Stillwater, Minnesota 55082-3801
Phone: 651-430-7600 • Fax: 651-430-7603 • TTY: 651-430-6246
www.co.washington.mn.us
�quai ��r�piuyri��ent vppo�tunity i r",iiiniaiiva Actio�i
1��a.S • Administrative
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��n Polrcy #1036
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COST PARTICIPATION BETWEEN
WASHINGTON COUNTY AND OTHER AGENCIES
FOR THE 800 MHz RADIO SYSTEM
PURPOSE
To establish policies for determining the appropriate allocation of costs between
governmental units that will utilize the planned 800 MHz radio system in Washington
County.
DEFINITIONS
Reqion-wide Public Safetv Radio Communications Svstem — a communication system
designed to provide outdoor portable radio coverage in the Twin Cities metropolitan
area. It includes a network of antennas, receivers, and transmitters located in a
geographic area connected by technology (currently microwave links or fiber optic
cable) that allows transmissions from any location within the geographic region to be
repeated throughout the geographic region.
800 MHz — The frequency band identified for construction and operation of the Region-
wide Public Safety Radio Communications System. Other frequency bands commonly
used for public safety communications include, but are not limited to: low band, VHF or
high band, and UHF.
Washinqton Countv Sub-network — Additional towers, base station equipment, and
microwave equipment necessary to provide the level of radio coverage and capacity
within Washington County for public safety entities.
Public Safetv Answerinq Points (PSAP) — Describes the location and facility where
9-1-1 calls are answered and dispatched.
Mobile Radio — Equipment used to transmit and receive two-way voice communications,
which is installed in a public safety vehicle.
Portable Radio — Equipment used to transmit and receive two-way voice
communications, which may be carried (often in the hand or on the belt) and which is
powered by batteries.
Control Station Radio — Equipment used to transmit and receive two-way voice
communications, typically used as a "base" station by fire departments and police
departments that do not operate a PSAP.
Implemented: September 5, 2006
Page 1 of 4
Revised:
Policy#1036
Radio Infrastructure - A network of antennas, receivers, transmitters, and
microwave/fiber optic equipment utilized for the 800 MHz radio system. The
infrastructure is sometimes referred to as the "backbone" of the system. This does not
include mobile, portable, or control station radios.
800 MHz Svstem Administrator — A Washington County employee assigned the
responsibility of managing the 800 MHz radio system within Washington County.
COST SHARING POLICIES
A. Washington County will assume responsibility for the initial purchase of the
Washington County sub-network infrastructure within the geographic boundary of
Washington County and the communication center equipment utilized in the
Washington County Sheriff's Office Communication Center, a Public Safety
Answering Point (PSAP).
B. Municipalities that elect to operate a Public Safety Answering Point (PSAP) or a
local communication center will assume responsibility for related 800 MHz radio
system infrastructure costs and local communication center equipment.
C. Each local unit of government will assume responsibility for the cost of the
purchase or lease of mobile, portable, and control station radios utilized by its
organization and staff.
D. If federal, state, or regional grant funds are received, these funds will first be
allocated according to the requirements of the grant agreements. Grant funds that
are made available to the 800 MHz system project without restrictions or specific
designation will be allocated to cities and the county on a proportionate share basis
computed on the total cost of the elements to be funded, if matched by the
receiving city and/or county. If this policy differs from any applicable grant
agreement, participation will be negotiated by the County Administrator. (See
example in Attachment A.)
E. Equipment purchased by local units of government must be compatible with the
800 MHz radio system infrastructure as approved by the 800 MHz system
administrator.
F. Each local government will assume responsibility for annual maintenance or
licensing costs for its mobile, portable, and control station radios, as well as any
system access fees assessed by the Metropolitan Radio Board, or its successor.
G. Each local government will assume responsibility for annual maintenance and
licensing costs for infrastructure based on its proportionate share of mobile,
portable, and control station radios. This fee will be determined when the final'
system design is completed and actual costs can be determined. This fee may also
Implemented: September 5, 2006 Page 2 of 4
Revised:
Policy #1036
include costs for programming radios, user training, and system administration
costs.
H. Washington County will negotiate and administer a maintenance service
agreement with a qualified service provider for the infrastructure equipment.
Washington County will also negotiate a maintenance service agreement for the
maintenance and repair of its mobile, portable, and control station radio equipment.
This agreement will be extended to include local units of government using
equipment made by the same manufacturer. If a significant number of local units
of government lease or purchase equipment from a different manufacturer than the
county selects, the county may also choose to negotiate a contract on behalf of
those entities.
I. The costs for any additional compatible enhancements to the radio system
infrastructure or equipment that are not included in the original network design will
be the financial responsibility of the requesting local unit of government. (The most
likely example will be enhancing coverage inside commercial or industrial buildings
such as: schools, hospitals, government buildings, or large factories.)
VARIANCES
Any variance from this policy must be approved by the Washington County Board of
Commissioners.
SOURCE
County Board action on September 5, 2006
Implemented: September 5, 2006 Page 3 of 4
Revised:
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Communications System
Subscriber Agreement
Between Washington County and City of Scandia Regarding:
Use of the Region wide Public Safety Radio Communications System,
Washington County Sheriff s Office
15015 62nd Street North, P.O. Box 3801
Stillwater Minnesota 55082
Region wide Public Safety Radio Communications System
THIS AGREEMENT made and entered into by and between the COUNTY OF WASHINGTON, a body
politic and corporate, under the laws of the STATE OF MINNESOTA, hereinafter referred to as the
"CO U NTY" and the:
City of Scandia
14727 209th Street Ivorth
Scandia, MN 55073
actin� by and through its duly authorized officers, hereinafter referred to as the "USER".
WITNESSETH:
WHEREAS, the COUNTY established Administrative Policy #1036 to operate and maintain a county
sub-network of the Region wide Public Safety Radio Communication System, hereinafter referred to as
"System"; and
WHEREAS, the COUNTY has provided for the capability of Cities, Agencies, Districts and Other
Authorized Users within the County to have access to the System; and
WHEREAS, the COUNTY bears primary responsibility for the health, security and integrity of the
System and other communications systems; and
WHEREAS, the USER has elected to participate as a subscriber with end user radios operating on the
System.
NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth,
the COUNTY and the USER agree as follows:
1. PURPOSE AND INTRODUCTION
The purpose of this Agreement is to define the rights and obligations of the COUNTY and the USER with
respect to the cooperative and coordinated purchase, lease, maintenance, technical and administrative
support and use of portable, mobile, desktop and other end user radios by the USER on the COUNTY's
S ystem.
The System is a multi-site general purpose wireless communications system designed to provide, among
other things, 95% area coverage reliability for portable radio operation above ground level in light to
medium buildings throughout most of the County. Other USER benefits and services include, access to a
wide area nine county region wide public safety radio communications system, multiple system
redundancies with backup power, a wide range of talk groups, electronic identification of all radios on all
transmissions, encryption availability, system security, radio interoperability, 24 hour a day system
monitoring and repair response, access to a pool of special event radios and USER radio training.
2. DUTIES AND RESPONSIBILITIES OF USER
2.1 Conformance to Statewide Radio Board (SRB) Metropolitan EmerQencv Services Board (MESB) and
COUNTY Standards
USER agrees to be aware of and conform to all applicable standards, policies, procedures and protocols
established or amended by the SRB, MESB and COUNTY related to use of the System including but not
limited to radio user trainin�requirements, radio operating guidelines, audit, monitoring and compliance.
2.2 Conformance to Federal Laws and ReQulations
USER agrees to be aware of and conform to all applicable Federal Rules, Regulation and Laws pertaining
to use of the System including but not limited to the Communications Act of 1934 as Amended and Part
90 of the Federal Communications Commission Rules and Regulations.
2.3 Response to Improper Use
In the event COUNTY informs USER that statistical analysis of System usage or other information
indicates that USER personnel may have inappropriately used the System, or may have violated
standards, policies, procedures, rules, regulations or laws regardin� proper operation of the System, or
may have violated the provisions of this Agreement, USER agrees to take immediate and appropriate
investigative and corrective action to stop the violation and eliminate any reoccurrence.
2.4 Subscriber Support Fees
USER agrees to pay COUNTY all Subscriber Support Fees assessed to USER by COUNTY. Subscriber
Support Fees for 2009 and 2010 will be $400.00 per radio. The Subscriber Support Fees are subject to
annual adjustment. The COUNTY shall provide USER notice of any proposed annual change to the
Subscriber Support Fee by May ls�of each year. The COUNTY will notify the USER of the actual
Subscriber Support Fee by September 1S�of each year.
2.5 Pass Throu�h Metropolitan Emergency Services Board User Fees
In addition to the cost assessed under Section 2.4 of this agreement, the USER agrees to pay to COUNTY
all user fees attributable to USER assessed to the COUNTY by the MESB, or its successor entity if
applicable, and passed through by COUNTY to USER
2.6 Invoicin and Payment Terms
COUNTY will invoice USER monthly, or at other intervals as determined by COUNTY, for all fees
specified herein. All fees specified in this Agreement will commence as follows: For radios activated on
or before the 15`h of the month, USER will be charged for the entire month. For radios activated after the
15`h of the month, the fees will commence on the first day of the following month. Payment of all fees
herein shall be made directly to the COUNTY within thirty(30) days from receipt of the invoice.
2.7 Provisional Use of USER Purchased and Owned Radios and Radio Software
USER may utilize radios purchased and owned by USER on the System provided that such radios and
radio operating software versions are specifically certified for use on the System by the MESB and the
COUNTY. The USER shall not access or use the system with non-certified radios or radios operating
with non-certified software versions.
2.8 De-certification and Disposition of Obsolete Radios
The SRB, MESB andlor COUNTY may de-certify radios and/or radio operating software versions which
become obsolete for reasons including but not limited to: become unsafe to use, impair System
performance, are no longer supported by the radio Manufacturer, are no longer supported by the
COUNTY, exhibit substantial defects, exhibit performance deficiencies, impair implementation of System
upgrades, become unreliable, become economically unfeasible to maintain, etc. Except in those cases
affecting safety or performance impacts to the System, COUNTY will make reasonable efforts to avoid
de-certification of radios used by the USER and to provide USER with at least one (1) year of advance
notice prior to the effective date of radio or software version de-certification. De-certified radios or radios
operating with de-certified software versions will not be allowed to access or use the System.
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2.9 Limitation of Radio Programmina, Radio Code PIuQ ProQrammin� Files and Svstem Ke �}_F�ile
Regardless of ownership, all radios on the System shall be programmed by the COUNTY or with
permission from the COUNTY and the COUNTY shall retain an archived electronic copy of all radio
code plug programining files and encryption keys files installed in all USER radios covered under this
Agreement. The configuration of all radio code plug programming files and radio templates shall be
subject to approval by the COUNTY before the radios will be activated on the System. All radio code
plug programming files, system key files and encryption key files are the sole property of the COUNTY,
and contain information that is classi�ed as security information and non-public �overnment data.
Unless specifically authorized by the COUNTY in writing, USER may not directly or indirectly, 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 programming file, system key file or
encryption key file for any radio on the System. If USER learns that any party has improperly or
fraudulently obtained radio code plug programming file information, system key file or encryption key
file, USER will immediately notify COUNTY of such an event.
Maintenance and programming of radios other than Motorola radios will be the responsibilitv of the
USER except for fleet map and code plu dg evelopment, which will be the responsibility of the County.
2.10 Risk of Loss for Lost, Stolen or Destroved Radios
USER assumes full risk of loss for COUNTY provided radios assigned to USER including but not limited
to special event and repair loaner radios temporarily assigned to USER, which are lost, stolen, physically
un-repairable or destroyed for any reason except damage which occurs while the radios are in the
possession of COUNTY. USER will be invoiced, and agrees to pay for the replacement of any lost,
stolen or destroyed radios.
2.11 Notification to COUNTY of Lost or Stolen Radios
USER agrees to immediately notify COUNTY of any missing, lost or stolen radios so the radio can be
immediately deactivated on the system.
3. DUTIES AND RESPONSIBILITIES OF COUNTY
3.1 Furnishing of End User Radios
COUNTY will assist USER in selecting and ordering radios that are purchased directly by USER for use
on the System.
Each USER will assume responsibility for the cost of the purchase or lease of mobile, portable, and
control station radios utilized by its organization and staff. Each USER will assume responsibility for
annual maintenance of mobile, portable, and control station radios.
Equipment purchased by USER must be compatible with the 800 MHz radio system infrastructure as
approved by the COUNTY 800 MHz radio system manager.
3.2 Radio Maintenance and Repair Services
COUNTY will negotiate and administer a maintenance service agreement with a qualified service
provider for the infrastructure equipment. COUNTY will also negotiate a maintenance service agreement
for the maintenance and repair of its mobile, portable, and control station radio equipment. This
agreement will be extended to include local units of government using equipment made by the same
manufacturer. However, pursuant to section 2.09 of this Agreement, the maintenance and programming of
radios other than Motorola will be the responsibility of the USER. If a significant number USERs, lease
or purchase equipment from a different manufacturer than the COUNTY selects, the COUNTY may also
choose to negotiate a contract on behalf of those entities.
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3.3 Repair Loaner and Special Event Radios
COt1NTY will maintain a fleet of Motorola radios which will be made available to USER, generally on a
first come first serve basis, for temporary assignment for special events, response to emergencies, or other
similar events. USER may receive a temporary loaner radio to replace a radio taken out of service for
maintenance or repair. If there are more requests for loaner radios than can be accommodated, the
COUNTY will prioritize allocations and the COUNTY may require early return of repair loaner and
special event radios early.
3.4 Allocation of System Resources
COUNTY will allocate to USER, on a fair and non-discriminatory basis, sufficient System resources
including Talk Groups, Announcement Groups, Radio Unit �s, Alias IDs, etc. in order to provide USER
with an equivalent grade of service afforded to other comparable System users.
3.5 MonitorinQ of USER Talk Groups
COUNTY will periodically monitor talk groups allocated to USER for USER's internal use for system
management purposes including but not limited to maintenance, troubleshooting, system performance
assessments, unusual traffic patterns (sudden jump in usage), policy and procedure compliance checks,
etc. COUNTY monitoring of USER's talk groups may occur at any time, for any duration, may be
without notice and is subject to recording.
3.6 Radio Operator Training
COUNTY will provide USER with access to trainer instruction to be used in training USER's radio
operators. Once the near term deployment is completed, USER will have sole responsibility for training
new employees and for providing refresher training.
3.7 Database Administration
COUNTY will manage and administer the System database records containing the information related to
inventory, configuration, programming history, software version control, radio IDs, service levels,
statistical usage analysis, etc. for USER's subscriber radios used on the System.
3.8 Radio Station Licenses
COUNTY shall hold and administer all FCC licenses on behalf of all users of the System. USER shall
operate as authorized mobile, portable and control station units under the COUNTY's FCC radio station
licenses.
4. TERM AND CANCELLATION
4.1 Term of A�reement
This Agreement shall be for an initial term beginning on the date executed by the COUNTY and
continuing through December 31, 2009. After the initial term and any subsequent extensions thereto, this
Agreement will automatically extend for additional one (1) year terms, unless either party gives written
notice of intent not to extend to the other party, said notice to be given at least one hundred twenty (120)
days prior to the expiration of the then current term.
4.2 Cancellation of A�reement
This Agreement may be canceled with or without cause by either party upon one hundred eighty (180)
days' written notice, provided that any such cancellation by COUNTY shall require action by the Board
of Washington County Commissioners.
5
5. DEFAULT
5.1 If either party fails to perform any material term of this Agreement, this shall constitute a default.
Unless the USER's default is excused by the COUNTY, the COUNTY may upon written notice
immediate(y cancel this Agreement in its entirety. Unless the COUNTY's default is excused by the
USER, the USER may upon thirty (30) days' written notice cancel this A�reement in its entirety.
5.2 Notwithstanding any provision of this Agreement to the contrary, the defaulting party shall not be
relieved of liability to the other party for damages sustained by the non defaulting party by virtue of any
breach of this Agreement by the defaulting party.
5_3 The above remedies shall be in addition to any other right or remedy available under this contract,
law, statute, rule, and/or equity.
5_4 The failure to insist upon strict performance of any provision or to exercise any right under this
Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing.
Such consent shall not constitute a general waiver or relinquishment throu�hout the entire term of the
Agreement.
6. MISCELLANEOUS PROVISIONS
6.1 Independent Parties
It is mutually understood that this Agreement does not create an employment relationship between the
parties, nor does it create a partnership or joint venture, nor does it constitute a cooperative agreement or
joint powers agreement.
6.2 Liabilitv
Each party agrees that it will be responsible for its own acts and the results thereof, to the extent
authorized by law, and shall not be responsible for the acts of the other party and the results thereof. The
COUNTY's and the USER's liability is governed by the provisions of Minnesota Statutes Chapter 466,
6.3 Data Privacv
USER, its officers, agents, owners, partners, employees, volunteers or subcontractors agree to abide by
the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all
other applicable state and federal laws, rules, regulations and orders relating to data privacy or
confidentiality, and as any of the same may be amended.
6.4 Records —Availabilitv/Access
Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5 (as may be amended), the
USER agrees that the COUNTY, the State Auditor, the Legislative Auditor or any of their duly authorized
representatives at any time durinD normal business hours, and as often as they may reasonably deem
necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books,
documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the
USER and involve transactions relating to this Agreement. Such materials shall be maintained and such
access and rights shall be in force and effect during the period of the contract and for six (6) years after its
termination or cancellation.
6.5 Notices
Any notice or demand which must be given or made by a party hereto under the terms of this Agreement
or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the
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COUNTY shall be sent to the County Administrator with a copy to the Office of the County Sheriff at the
address given below. Notice to the USER shall be sent to the address stated below.
To COUNTY: Washington County Administrator
14949 62nd Street North
P.O. Box 6
Stillwater, Minnesota 55082-0006
Copy to: Radio System Manager
Washington County Sheriff's Office
15015 62°d Street North, P.O. Box 3801
Stillwater, Minnesota 55082
USER: City Administrator
14727 209th St. N.
Scandia, MN 55073
USERS, having signed this contract, and the County having duly approved this contract on the
day of , , and pursuant to such approval, the proper County officials having
signed this contract, the parties hereto agree to be bound by the provisions herein set forth.
WASHINGTON COUNTY CITY OF SCANDIA
Chair Date
Board of Commissioners
James R. Schug Date
County Administrator