HomeMy WebLinkAbout7C - Mobile Data Terminal Lease Agreement
DICK POWELL
Chief of Police
CONSENT AGENDA:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
POLICE DEPARTMENT
7C
CHIEF DICK POWELL
CONSIDER APPROVAL OF MOBILE DATA TERMINAL
LEASE AGREEMENT WITH SCOTT COUNTY
APRIL 7, 1997
The police department is requesting that the
city council approve a lease agreement with
the Scott County Sheriff's Department for
Mobile Data Terminals. The terminals will
allow direct access and an exchange of
information in the new system being developed
by Scott County law enforcement agencies.
For the last several years Scott County
Public Safety officials have struggled with
the concept of a county-wide records system.
Little agreement had been reached until about
a year ago when all agreed that the entire
county was in need of Mobile Data Terminals.
Mobile Data Terminals are small computers
that are located in emergency vehicles that
can communicate to a central base and between
each other. They also can perform a host of
other chores that facilitate the transfer of
information quickly and automatically without
additional employees. Mobile Data Terminals
lend themselves well to centralized computer
records systems. These records systems have
many advantages and save costs for all who
participate in them.
Throughout this process the police chiefs,
city managers and county administrators have
been integral players. Scott County has
agreed to fund the project and will purchase
Mobile Data Terminals. The county will
purchase and lease mobile terminals to the
cities, allowing for reduced cost to all
parties by utilizing the power of mass
purchase and uniform systems operation. The
cities will pay to the county a monthly lease
amount to cover the initial cost of the
16200 Eagle Creek Avenue S.E., Prior Lake, Minnesota 55372 / Ph. (612) 440-3555 / Fax (612) 440-3666
DISCUSSION:
ALTERNATIVES:
RECOMMENDATION:
FINANCIAL IMPACT:
ACTION REQUIRED:
terminals, installation, maintenance,
insurance, as well as state access fees, and
interest, pursuant to the ter.ms of the lease.
The terms of the lease will be re-negotiated
in five years.
A lease agreement (attached) has been drawn
up by the Scott County attorney and the
agreement has been reviewed by the city staff
and the city attorney. The agreement
addresses the items we see as important.
Most, if not all, other Scott County cities
have already executed this agreement.
When the City Council approved the Joint
Powers Agreement for MDT/MCT in December
1995, the proposed lease agreement was part
of that document. Approval was not requested
at that time because we did not have
finalized equipment pricing. That
infor.mation is now available and MDT
ter.minals have now been installed in police
vehicles. Execution of this lease agreement
would complete this phase of implementation
of the system. The next phase includes
computer hardware and software. These costs
have been included in the approved budget.
The following alternatives are available:
1.) Approve the adoption of the lease
2.) Disapprove the adoption of the lease
3.) Table the discussion for adoption of the
lease
Alternative 1.
The lease will cost the city $1,080.10 per
month or $12,961.20 per year for five years.
This item has been included in our 1997
budget.
Approve the lease.
MOBILE DATA TERMINAL LEASE AGREEMENT
This Agreement, entered into by and between the County of
Scott, through the Scott County Sheriff's Office, 428 South
Holmes street, Shakopee, Minnesota, hereinafter referred to as
"Lessor", and the City of Prior Lake through the
POlice/Fire/Emergency Department, hereinafter referred to as
"Lessee" .
WITNESSETH:
WHEREAS, Lessor and Lessee agree that use of certain com-
puter equipment in emergency and/or other public safety vehicles
by Lessee would ensure direct, efficient and interactive communi-
cation and central record information access, which would be
beneficial to both Lessor and Lessee; and
WHEREAS, in order to more directly and efficiently access
and exchange information through a Scott County central computer
system, the Lessee desires to make use of certain computer equip-
ment from the Lessor and is willing to compensate Lessor in
return therefore.
NOW THEREFORE, in accordance with the terms and conditions
of this Agreement, the parties hereto agree as follows:
~. Scope of Aqreement.
subject to the terms of this Agreement, and the recitals set
forth above and incorporated herein, Lessor agrees to lease to
Lessee and Lessee hereby agrees to lease from Lessor, certain
items of computer equipment, hereinafter referred to as the
"Equipment", as further described and listed on the attached
Exhibit B, incorporated herein.
2. Responsibilities.
Lessor will deliver, install and make the Equipment ready
for use by Lessee commencing on or about Nnvpmhpr 1 , 1996.
The actual lease commencement date is the date the initial
installation of the Equipment in all designated vehicles is com-
plete. Lessor shall cause to be provided any and all customary
maintenance necessary for the Equipment, as further described in
Section ~4 of this Agreement, pay all state access fees required
to operate the Equipment, and shall procure and maintain loss and
casualty insurance for the Equipment, as provided in Section ~2
of this Agreement.
Lessee shall designate one person within Lessee's public
safety unites) to be the liaison regarding the installation and
maintenance of the Equipment. Lessee is responsible for being
prepared to accept installation of the Equipment on the above
date. After installation of the Equipment, Lessee is responsible
for any loss of or damage to Equipment due to the negligence of
APR- 1-97 TUE
9:30 '"
P_0:2
Le!:s;te or its representatives or agents.
3. Consideration and Ter~s of Pavment.
In return tor the I,essor makinq available the Equipment
idf,nt.ified in this Aqre.ement on the attached Exhibit B, Lessee
agI'e as to pay to Lessor the sum of One thousand eiRhty d.ollars
and "':fe~ ~,,"-- --.-9o(ij Dollars per month.
10/00 ($1080 10)
The monthly lease charge as set forth above (or a pro-rata
portion tbereot, if the Equipment is installed after the first
cale~dar day of a month) for each unit at Equipment beqins on the
date Lessor has completely installed the Equipment in all the
de~i~natad vehicles. This charge includes the initial cost of
tht Equipment, pro-rate.d or amortized over five years, interest
of six (6%) percent on the outstanding balance, state access
fe~s, maintenance costs, and in5urance premiums and entitles
Le$sae to unlimited use of the Equipment, exclusive of the time
re~uired for preventive or remedial maintenance. Lessee will be
bi]l~d in advance of the Lease Commencement Date and each month
th~r~after. Payments are due and payable in full on or before
th. first day of each month during the term of this Agreement.
set'vice charges, subject to applicable law, not in excess of six
((E') per month, may be imposed on past due payments. Charges
fot"1. partial month's lease will De pro-rated based on a thirty
(3(') day month. Lessee agrees that Lessee's obligation and duty
to p~y all sums due and to become due pursuant to this agreement
should be absolute and unconditional and are not subject to any
defe~se, counterclaim, set off or recoupment by reason of past,
pr':s ~nt or future claims which lessee may have against lessor or
an~' other person. Additionally, Lessee will not assert aqainst
ase;!-lnee of this a9%'ee11l~nt any defense, counterclaim, set off or
rec:o'(.1pment by X'eason of any past, present or future claims which
le$saa ~ay have against Lessor.
4. Lease Term. Extension.
The initial term of this Lease Agreement is five (5) years,
co~~ancin9 on the date Lessor completes installation of the
E~i9ment in all the designated vehicleS of Lessee and the Equip-
merit is determined to be in qood operating order.
This Aqreemant may be extended beyond the initial terml only
wit.h the wri t't:en consent of both parties. It the parties agree
to extend this Agreement beyond the initial term, the parties
shall agree in writing to the terms and conditions of the exten-
sic1n, inclUding the lenqth of any extension.
Each party shall give WTitten notice to the other party
nirlel:.y (90) days prior to the e)qliration'date of this Agreement,
of its intentions regarding extension of this Agreement.
5. Title to Equipment.
All items of Equipment shall remain the sole property of
Lessor and shall at all times remain separate items of personal
property, notwithstanding attachment or affixing to other items
of equipment, vehicles, other personal or real property or any
building thereon. The Equipment may be removed by Lessor upon
termination of this Lease after its term has expired or in the
event Lessee is in material default of its covenants or undertak-
ings of this Agreement. Lessee shall not remove, or cause or
permit to be removed, from any Equipment, any serial number,
model, name or other indicia of ownership.
6. Equipment Installation.
Lessor shall provide Lessee with instructions for prepara-
tion of Lessee's vehicles for installation of the Equipment.
Said instructions shall be provided within an adequate time per-
iod prior to the installation date to allow Lessee to prepare the
vehicles. Lessee is responsible, at its sole expense, for having
the vehicles prepared prior to the scheduled installation date in
accordance with the Lessor's instructions, including supplying
all necessary installation facilities, such as space, electrical
power, outlets and other necessary items to fulfill Lessee's
responsibility.
7. Equipment Relocation.
Lessee agrees not to move the Equipment without prior
written notification to Lessor. Any relocation of the Equipment
shall ba accomplished by Lessor or its assigns, unless otherwise
agreed. All relocated Equipment shall continue to be bound by
this Agreement.
8. Eauipment Alteration and Attachments.
No alterations in or attachments to the Equipment may be
made without prior written approval of Lessor. If, after such
written approval has been obtained, the alterations or attach-
ments interfere with the normal and satisfactory operation or
maintenance of any of the Equipment, such as to increase sub-
stantially the cost of maintenance thereof or create a safety
hazard, Lessee shall, upon notice from Lessor, promptly remove
the alteration or attachment and restore the Equipment to its
original condition.
9. Eauipment Warranty.
Lessor warrants that the Equipment delivered under this
Agreement shall be compatible with Lessee's present equipment,
shall be in good working order and shall be fit for the intended
purposes.
10. Additional Eauioment.
In addition to the Equipment listed on Exhibit ~ of this
Agreement, Lessor .may furnish other items of equipment to Lessee
under this Agreement to update or enhance the communication and
information access purposes of this Agreement, with the written
consent of the Lessee. Any such equipment shall be furnished and
installed at the scheduled charges in effect on the date such
equipment is delivered ready for use. Such additional items of
equipment when leased hereunder shall constitute a part of the
"Equipment". Lessor shall notify Lessee in writing and shall
specify the term of the lease, model number, quantity and unit
price of the equipment desired to be installed.
11. State Access Fees.
Lessor shall pay all state access fees arising from or based
upon the Equipment or its use, during the term of this Agreement.
12. Insurance and Indemnification.
Lessor shall self-insure or maintain insurance for the
Equipment throughout the term of this Agreement and anyone (1)
year extension period authorized in section 4 of this Agreement.
Said insurance shall provide against the loss or theft of or
damage to the Equipment, at its full replacement value. Coverage
shall not include the intentional acts of Lessee. Lessee agrees
to use the Equipment in a careful and proper manner.
Each party shall be liable for its own acts to the extent
provided by law and hereby agrees to indemnify, hold harmless and
defend the other, its officers and employees against any and all
liability, loss, costs, damages, expenses, claims or actions,
including attorney's fees which the other, its officers and
employees may hereafter sustain, incur or be required to pay,
arising out of or by reason of any act or omission of the party,
its agents, servants or employees, in the execution, performance,
or failure to adequately perform its obligations pursuant to this
agreement.
13. Software.
Lessee agrees that it will not make or allow any unauth-
orized use of the software program utilized by the Equipment.
Lessor represents that the computer application software to be
utilized by the Equipment adequately provides for the operation
of the Equipment to accomplish its intended purposes. Lessor
shall provide upgrades to the Equipment as available through
Lessor's software provider.
15. Maintenance Service.
Lessor shall cause the necessary adjustments, repairs and
_u __" _
replacements of the Equipment to be provided, unless such adjust-
ments, repairs or replacements are made necessary by Lessee's
breach of its covenants to take reasonable care in the operation
and use of the Equipment, in which case, Lessee shall pay Lessor
expenses in connection therewith. Lessor agrees to provide the
following maintenance services to Lessee to keep the Equipment in
good working order, all of which services are included within the
basic monthly charges, as set forth in Section 3 of this Agree-
ment:
A. Whenever possible, any Equipment needing preventive or
remedial repairs or adjustments shall be removed from Lessee's
vehicle and a temporary replacement unit, of the same or similar
specifications, will be installed, to minimize disruption to
Lessee due to preventive or remedial maintenance.
B. Lessor will perform, in a timely fashion, periodic or routine
preventive maintenance according to the specific needs of the
individual items of Equipment as determined by Lessor, based upon
the manufacturer's recommended maintenance specifications. Pre-
ventive maintenance will include, necessary adjustments, repair
or replacement of parts rendered unserviceable in ordinary use,
any engineering changes, computer software upgrades, and any
other maintenance deemed necessary by Lessor.
C. Lessor will perform reasonably requested unscheduled remedial
maintenance service, including necessary adjustments and repair
or replacement of parts rendered unserviceable in ordinary use,
as needed to keep the Equipment in good operating condition.
16. Termination.
This Agreement may be terminated by either party, with or
without cause, upon ninety (90) days written notice to the
authorized agents of Lessor or Lessee.
17. Authorized Aqents.
The authorized agents for the parties for purposes of
administration of this Agreement are as follows:
Scott County:
Sheriff william Nevin
Scott County Courthouse
428 South Holmes street
Shakopee, Minnesota 55379
ci ty of Prior Lake
18. written Notice.
Any notice or other communication required under this
Agreement shall be in writing and shall be enclosed in a sealed
envelope, postage prepaid, and deposited in the United states
postal Service, addressed to the authorized agent at the address
stated herein, or by delivering such in person to the authorized
agent's office at the address provided above. If by mail,
service shall be deemed completed three (3) business days after
deposited with the United Sttes Postal Service.
19. Chanaes.
The parties agree that no alteration, amendment, deletion or
modification of this Agreement shall have any force or effect
unless the change is reduced to writing, dated and made a part of
this Agreement. The execution of the change shall be authorized
and signed in the same manner as this Agreement.
20. Sublease/Assianment.
Lessor may not assign this Agreement and any of its rights
hereunder for the purpose of financing the acquisition of equip-
ment through a financial institution, by granting a security
interest in or other lien on the equipment, without the prior
written consent of the Lessee. Such assignment shall not relieve
Lessor of any of its obligations or impose upon the assignee any
of the obligations of the Lessor described in this Agreement.
Under this Agreement, Lessor may enter into a contract for the
installation, remedial and preventive maintenance services pro-
vided to Lessee. Any agreement between Lessor and any contractor
shall obligate the contractor to comply with the general terms of
this Agreement. with the exception of the above provisions, the
parties shall not enter into any contract or subcontract for the
performance of the terms and conditions of this Agreement nor
assign or transfer any interest in the lease without prior
written.consent of the other party and subject to such conditions
and provisions as are deemed necessary.
21. Successors and Assians.
The County and the City, respectively, bind themselves, and
any partners, successors, assigns or other authorized represent-
atives to the other party to this Agreement and the partners,
successors, assigns or other authorized representatives of such
other party with respect to all covenants of this Agreement.
22. Severability.
The provisions of this Agreement shall be deemed severable.
If any part of this Agreement is rendered void, invalid, or unen-
forceable, by a court of competent jurisdiction, such rendering
shall not affect the validity and enforceability of the remainder
of this Agreement, unless the part or parts which are invalid,
void, or otherwise unenforceable shall substantially impair the
value of the entire Agreement with respect to either party. The
parties agree to substitute for the invalid provision, a valid
provision that most closely approximates the economic effect and
intent of the invalid provision.
23. Entire Aqreement.
It is understood and agreed that the entire agreement of the
parties is contained herein and that this Agreement supersedes
all oral agreements and negotiations betw~en the parties relating
to the subject matter hereof, as well as any previous agreements
presently in effect between the Lessor and Lessee relating to the
subject matter hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement
to be executed as of this ____ day of , 1996.
COUNTY OF SCOTT
CITY OF Prior Lake
APPROVED:
APPROVED:
By
By
Ralph T. Malz
Chair, Board of Scott
County Commissioners
Mayor, City of
Gary L. cunningham
Scott County Administrator
City Administrator
Approved as to form:
Approved as to form:
Thomas J. Harbinson
Scott County Attorney
City Attorney
APR- 1-97 rUE
'9 :31 l2J
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u.e~~
CIty '" I'ritH' LIM "'"' tIte CMIIty ~ S<<1tt
T.'1e Ciq olPrior Lake illusiJag 5 MobiIt Data Ttn8inaJ ..its .idI Radio .. H__ (DfCh 3DcI
OI;C RadioIMocIcIIIset 'p for I Lap Top. De alIaOIlat illwcd upoa Prineip)c" nicl....des writ
C(1t. sales tax. ud iutalJodioL IRterut ot ,% pcr-year, pial lMdtbIy ....:.....~ COlts, IIId state
04 Minnesota MteJs Fee's.
V':at cost whidl Is tile MDT, Radio. a.d aaocICIIt (DPe) it $7.281.74 each.
S.Ja Tax II ~ totaL
IJlsUII__ COlt is $389.78 per-111it taW at SJ,94S.5S.
M ailltCDllltCC and lulruce II SlO.OI per-motttlt pcr-uDit.
S(OoItt ikClelS J'H'. are $3O.Gt per........, pero-uait.
T,1td eo. 5 Ullitl
S;.:lc$ To 5 11.
IIrstaJIadcMl5 a.its
Maj.tJJJIS 5 Units
A.~ce$S Fee', 5 U.iu
ltadiolM__
&.Ia Tax
JII5tldlmoll
MaiDtJTas
Aixcss Fee
Di,413.70
S 2,360."
I tJ48.55
S SO.OO
S 150.00
S 2,s9.13
$ 166.34
S N1A
S 10.00
S 38.00
TlllaI M...tIIly Lease COSt $840.10 ,er-lIlontJa for:li years
PIllS S60.08 MmrtIt ror' UIItu M:alntIIas.
Plus S180.00 MondI Staa Access Fees (5.30.00 pcr-lDOIIth per..gmt)
Tulal Payment SJ,OIIO.!!
i""'"' _ liCl ~
Sheet!
Scott County Sheriffs Department
Communications Division
MDT/MCT InstaLlation/lnventory Sheet
MDT () vlCT(X Make:
ElectroCom
Radio
Date Installed:
9/30/96
Cost:
$7,282.74
Mode1#
890
County ID#
12821
Make:
E.F. Johnson
Model#
2429655
County ID#
12822
Department:
Prior Lake
Unit#
1
d:\I=\plriorlakelinvaltorysheetPL696. xis
Page 1
Serial#
6l'v1F0 1-00 1
Chip ID#
Serial#
14014
Technician:
Eric
Sheetl
Scott County Sheriff's Department
Communications Division
MDT/MCT In!Jtallation/Inventory Sheet
County 1D#
12823
Mode1# Serial#
890
Chip ID#
Mode1# Serial#
2429655 14045
MDT () v1CT(X Make:
E1ectroCom
Radio
Make:
E.F. Johnson
County 1D#
12824
Date Installed:
9/30/96
Department:
Prior Lake
Unit#
2
Technician:
Eric
Cost:
$7,282.74
d:\Ie:JSe1p lriorlake\inventorysheetPL696.x1s
Page I
- ~m r- ----
"""!:'
Sheet 1
Scott County Sheriffs Department
Communications Division
MDT/MCT InstaLlation/Inventory Sheet
MDT () vfCT(X Make:
E1ectroCom
Radio
Date Installed:
9/30/96
Cost:
$7,282.74
Mode1#
890
County ID#
12825
Make:
E.F. Johnson
Model#
2429655
County 1D#
12826
Department:
Prior Lake
Unit#
3
d:\Ie:JSelplriorlakelinvcntorysheetPL696.xls
Page 1
Serial#
6MFO 10-027
Chip ID#
Serial#
14020
Technician:
Eric
Sheet!
Scott County Sheriff's Department
Communications Division
MDT/MCT InstaLlationlInventory Sheet
MDT () \I1CT(X Make:
ElectroCom
County ID#
12827
Model# Serial#
890
Chip ID#
Model# Serial#
2429655 14013
Radio
Make:
E.F. Johnson
County ID#
12828
Date Installed:
9/30/96
Department:
Prior Lake
Unit#
4
Technician:
Eric
Cost:
$7,282.74
d:\Ie:JSelplriorlakelinventQryshed.PL696.x1s
Page I
Sheet 1
Scott County Sheriff's Department
Communications Division
MD T /MCT InstaLlation/Inventory Sheet
l\IIDT () \t1CT(X Make:
ElectroCom
Radio
Date Installed:
9/30/96
Cost:
$7,282.74
Model#
890
County 1D#
12829
Make:
E.F. Johnson
Mode1#
2429655
County 1D#
12830
Department:
Prior Lake
Unit#
f
d:\Ie3Se'plriodakc\inventoryshcdPL696.xls
Page 1
Serial#
6MFO 10-56
Chip ID#
25
Serial#
14061
Technician:
Eric
POLICE DEPARTMENT
DICK POWELL
Chief of Pollcs
DATE:
4H
CHIEF DICK POWELL
CONSIDER APPROVAL OF RESOLUTION 95-118
AUTHORIZING PARTICIPATION IN SCOTT COUNTY
JOINT POWERS AGREEMENT FOR PUBLIC SAFETY
COMMUNICATIONS
DECEMBER 18, 1995
CONSENT AGENDA:
PREPARED BY:
StJ13JECT:
INTRODUCTION:
The police department is requesting that the
city council adopt a resolution supporting
Centralized Public Safety Communications for
police and fire with the use of Mobile Data
Terminals.
BACKGROUND:
For the last several years Scott County
Public Safety officials have struggled with
the concept of a county-wide record system.
Little agreement had been reached until about
a year ago when all agreed that the entire
county was in need of Mobile Data Terminals.
Mobile Data Terminals are small computers
that are located in emergency vehicles that
can communicate to a central base and between
each other. They also can perform a host of
other chores that facilitate the transfer of
~for.mation quickly and automatically without
additional employees. Mobile Data Terminals
lend themselves well to centralized computer
record systems.. These record systems have
many advantages and save costs for all who
participate in them.
A consultant from Ward Montgomery was hired
to explore 'the needs of Scott County and has
drawn up specifications for such a system.
The bidding process is currently underway.
Throughout this process the police chiefs,
city managers and county administrators have
been integral players. Scott County has
agreed to fund the project and will purchase
Mobile Data Ter.minals. The county will
purchase and lease mobile terminals to the
16200 Eagle Creek Avenue S.E., Prior Lake, Minnesota 55372 / Ph. (612) -WQ-3555 / Fax (612) 440-3666
cities, allowing for reduced cost to all
parties by utilizing the power of mass
purchase and uniform systems operation. The
cities will pay to the county a monthly lease
amount to cover the initial cost of the
terminals, to be amortized over five (5)
years, and installation, maintenance,
insurance, as well as state access fees, and
interest, pursuant to the terms of the lease.
The terms of the lease will be re-negotiated
in five years.
An administrative board comprised of police
chiefs, city and county administrators will
be organized to govern and resolve any
disputes with the system.
DISCUSSION:
Because of the costs and necessity of this
project, it seems most efficient to join all
the other cities in Scott County in
proceeding with this project. It is well
thought out and has a good mechanism to
manage the system after it is underway.
Similar systems are currently being used
throughout the United States with good
success. The system's success will make it
much easier for us to have our system up and
running with a minimum of technical problems.
The attached Joint Powers Agreement sets
forth the relationships between the county
and participating cities. One of the first
steps will be to establish by-laws for the
operation of the body and an annual budget.
We expect that both Mobile Data Computers and
Terminals will be available through this
agreement as well as software to facilitate
consistency in data manipulation, storage and
dissemination among participating bodies.
ALTERNATIVES:
The following alternatives are available:
l.} Adopt Resolution 95-118 approving Prior
Lake participation in the Joint Powers
Agreement.
2.} Decide not to participate in the Joint
Powers Agreement.
RECOMMENDAT:ION:
FDlANC:IAL IMPACT:
ACT:ION REQU:IRED:
'.'
Alternative 1.
The amount of $16,000 was included in the
1995 budget and $13,235 in the 1996 budget
facilitate the lease of Mobile Computer
Terminals (MCT) for four squad cars each
year. Because lease prices were more
favorable ~ originally est~ted, the city
may be in a position to lease additional
units as needed.
Motion and second as part of the consent
agenda to adopt Resolution 95-118 authorizing
Prior Lake participation in the Joint Powers
Agreement for Centralized Records System and
Mobile Data Terminals.
RESOLUTION 95-118
RESOLUTION OF THE PlUOR LAKE CITY COUNCIL
APPROVING THE JODn" POWERS AGREEMENT WJ:'m
SCOTT COUNTY RELATING TO CENTRALIZED RECORDS
SYSTEM AND MOB:ILE DATA TE1U!INALS
MOTION BY: SECOND BY:
WHEREAS," the preliminary police budget for 1996 provides for the
leasin.g of Mobile Data Te~inals for police squad cars,
and
WHEREAS, the mu=icipalities have prepared a Joint Powers
Agreement with Scott County pertain.in.g to a Centralized
Record System and the Mobile Data Te~n.als, and
WHEREAS ,
a Join.t Powers Board has been fo~ed to oversee and
gove~ the operation of the info~tion system.
NOW TEEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PlUOR LAKE, that it hereby approved the Joint Powers Agreement
with Scott County relating to a Centralized Records System and
Mobile Data Te~in.als and authorizes the police chief and city
manager or their respective designees to act as Prior Lake
representatives thereto.
Passed and adopted this 18th day of December, 1995.
YES
NO
ANDREN
ANDREN
GRE~'iFIELD
GREE...'lF IELD
KEDROWSXI
KEDROWSXI
SCHENCK
SCHENCK
SCOTT
SCOTT
{Seal}
City Manager
City of Prior Lake
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
Aj\; C:OL".~L OPPOR7L:'<lTi :;."lPl:)YE~
JOINT POWERS AGREEMENT
FOR A
PUBLIC SAFETY COMMUNICA TlON
AND INFORMA TlON SYSTEM
This agreement is entered into by and between Scott County, hereinafter referred to
as the County, and the City of Belle Plaine, the City of Jordan, the City of New
Prague, the City of Prior Lake, the City of Savage and the City of Shakopee,
hereinafter referred to as the Cities, all collectively referred to as the Parties, pursuant
to Minnesota Statute 471.59.
WHEREAS, Scott County and the Cities recognize a growing need for direct
information access and exchange by law enforcement and other public safety
agencies of the County and the Cities;
WHEREAS, Scott County and the Cities seek to establish a computer communication
and information access and exchange system, employing mobile data terminals in
vehicles operated by personnel of law enforcement, fire, and/or emergency
departments, and including a central computer aided dispatch records management
system, hereinafter referred to as the Scott County Public
Safety Communication and Information System or "System"; and
WHEREAS, participating in the implementation of such a System, will increase
efficiency and accuracy and decrease duplication of services, resulting in increased
safety and substantial monetary savings for the citizens and governments of the
County and the Cities;
NOW THEREFORE, in consideration of the mutual promises and benefits that each
party shall derive here from, Scott County and the Cities hereby enter into this
agreement for joint facilitation and operation of the System.
A. Scope of Aqreement.
The purpose of this agreement is to provide an effective and efficient method of
inter-agency communication and access to a centralized public safety
,communication and information system for the law enforcement, fire and
emergency services within Scott County, related to the public safety
responsibilities of the various parties. Implementation of the system will occur
only upon the approval of the County and Cities and execution of a lease
agreement by the parties, which is set forth in the attached Exhibit A.
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Page 2 of 2
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4. That this policy becomes effective only upon the execution of a written agreement
(lease) between the County and each of the Cities, which includes indemnifying the County of
any damages incurred as a result of the use of this program by the Cities.
BE IT FURTHER RESOLVED, that copies of this resolution be furnished to
member of the Scott County Law Enforcement Information Systems Committee and Scott
County Emergency communications Board as well as the appropriate County staff involved
with this program.
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D. FundinQ of the Svstem:"
The County has obtained the necessary funds to purchase the mobile terminals
for installation in emergency vehicles, modems and computer software and j
hardware required to establish the System. The County will purchase and
lease mobile terminals to the Cities, allowing for reduced cost to all Parties by
utilizing the power of mass purchase and uniform systems operation. The
Cities will pay to the County a monthly lease amount to cover the initial cost of
the terminals, to be amortized over five (5) years, and installation, maintenance,
insurance, as well as state access fees, and interest, pursuant to the terms of
the lease (Exhibit A).
It is contemplated that the terms of the lease will be re-negotiated at the end of
five (5) years, to provide for renewal of the maintenance, insurance and other
service provisions regarding the terminals and a rental fee for the terminals still
in use.
The interest and any other monies collected in excess of the cost of acquiring,
installing and maintaining the Public Safety Communication and Information
System will be deposited in a designated fund by the County to provide for
additional purchases to replace, maintain, improve and/or enhance the system.
E. Maior Policv Reformation and/or Dispute Resolution.
All ,Parties will seek in good faith to resolve policy, equipment, funding,
technological and other issues through negotiation or other forms of dispute
resolution mutually acceptable to the Parties.
F. Amendment/Termination of AQreement.
This agreement may be amended upon agreement of the County and the
participating cities.
G. Indemnification.
Each Party shall be liable for its own acts to the extent provided by law and
hereby agrees to indemnify, hold harmless and defend the other, its officers
and employees against any and all liability, loss, costs, damages, expenses,
claims or actions, including attorney's fees which the other, its officers and
employees may hereafter sustain, incur or be required to pay. arising out of or
by reason of any act or omission of the Party, its agents, servants or
employees. in the execution, performance, or failure to adequately perform its
obligations pursuant to this agreement.
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CITY OF BELLE PLAINE
APPROVED:
By
Gerald J. Meyer
Mayor, City of Belle Plaine
David A. Iverson
Belle Plaine City
Administrator
Date:
1995
CITY OF JORDAN
APPROVED:
.
By
Ronald Jabs
Mayor, City of Jordan
Kay Kuhlmann
Jordan City Administrator
and City Clerk
Date:
1995
Steven Rost
Belle Plaine Police Chief
Approved as to form:
Lee Vickerman
Belle Plaine City Attorney
Alvin Erickson
Jordan Police Chief
Approved as to form:
Steven Bergeson
Jordan City Attorney
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CITY OF SA V AGE
APPROVED:
By
Donald Egan
Mayor, City of Savage
Gordon Vlasak
Savage Police Chief
Approved as to form:
Stephen P. King
Savage City Administrator
David Keller
Savage City Attorney
Janice E. Saarela
Savage City Clerk
1995
Date:
CITY OF SHAKOPEE
APPROVED:
By
Gary Laurent
Mayor, City of Shako pee
Thomas Steininger
Shakopee Police Chief
Approved as to form:
Dennis Kraft
Shakopee City Administrator
Karen Marty
Shakopee City Attorney
Judy Co?,
Shako pee City Clerk
1995 .
Date:
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Lessee is responsible for designating one person within Lessee's public safety
unit(s) to be the liaison 'regarding the installation and maintenance of the
Equipment. Lessee is responsible for being prepared to accept installation of
the Equipment on the above date. After installation of the Equipment, Lessee
is responsible for any loss of or damage to Equipment due to the negligence of
Lessee or its representatives or agents. In such event, Lessor shall submit to
Lessee an invoice documenting the cost of repair or replacement of the
equipment so lost or damaged.
3. Consideration and Terms of Pavrnent.
In return for the Lessor making available the Equipment identified in this
Agreement, Lessee agrees to pay to Lessor the sum of
and no/GO ($ .00) Dollars per
mo nth.
The monthly lease charge as set forth above (or a pro-rata portion thereof, if
the Equipment is installed after the first calendar day of a month) for each unit
of Equipment begins on the date Lessor has initially installed the Equipment in
all the designated vehicles and the Equipment is determined to be good
operating order. This charge includes the initial cost of the Equipment, pro-
rated or amortized over five years, interest of six (6%) percent on the
outstanding balance, state access fees, maintenance costs, and insurance
costs and entitles Lessee to unlimited use of the Equipment, exclusive of the
time required for preventive or remedial maintenance. Lessee will be billed in
advance of the Lease Commencement Date and each month thereafter.
Payments are due and payable in fuiI on or before the first day of each month
during the term of this Agreement. Service charges, subject to applicable law,
not in excess of six (6%) per month, may be imposed on past due payments.
Charges for a partial month's lease will be pro-rated based on a thirty (30) day
month. Lessee agrees that Lessee's obligation and duty to pay all sums due
and to become due pursuant to this agreement should be absolute and
unconditional and are not subject to any defense, counterclaim, set off or
recoupment by reason of past, present or future claims which lessee may have
against lessor or any other person. Additronally, Lessee will not assert against
assignee of this agreement any defense, counterclaim, set off or recoupment
by reason of any past, present or future claims which lessee may have against
lessor.
4. Lease Term, Extension.
The initial term of this Lease Agreement is five (5) years. Upon expiration of
the initial term of this Agreement, the equipment maintenance, insurance, state
access fees and other service provisions of this Agreement may be extended
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and shall be fit for the designated purposes.
10. Additional Eauipment.
In addition to the Equipment listed on Exhibit 8 of this Agreement, Lessor may
furnish other items of equipment to Lessee under this Agreement to update or
enhance the communication and information access purposes of this
agreement. Any such equipment would be furnished and installed at the
scheduled charges in effect on the date such equipment is delivered ready for
use. Such additional items of equipment when leased hereunder shall
constitute a part of the "Equipment." Lessor shall notify Lessee in writing and
shall specify the term of the lease, model number, quantity and unit price of
the equipment desired to be installed.
11. State Access Fees.
Lessor shall pay all state access fees arising from or based upon the
Equipment or its use, during the term of this Agreement.
12. Insurance and Indemnification.
Lessor shall, sell, insure or maintain insurance for the Equipment. Said
insurance shall provide against the loss or theft of or damage to the
Equipment, for the full replacement value. Coverage shall not include the
intentional acts of Lessee.
Lessee agrees to use the Equipment in a careful and proper manner. Each
party shall be liable for its own acts to the extent provided by law and hereby
agrees to indemnify, hold harmless and defend the other, its officers and
employees against any and all liability, loss, costs, damages, expenses, claims
or actions. including attorney's fees which the other, its officers and employees
may hereafter sustain, incur or be required to pay, arising out of or by reason
of any act or omission of the Party, its agents, servants or employees, in the
execution, performance, or failure to adequately perform its obligations
pursuant to this agreement.
13. S'oftware.
Lessee agrees that it will not make or allow any unauthorized use of the
software program utilized by the Equipment. Lessor represents that the
computer application software to be utilized by the Equipment conforms to the
requirements of this Agreement and shall be upgraded as available through
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The authorized agent for the City of
for the purposes of administration of this Agreement is:
17. Written Notice.
Any notice or other communication under this Agreement shall be in writing
and shall be enclosed in a sealed envelope, postage prepaid, and deposited in
the United States Postal Service, addressed to the authorized agent at the
address stated herein.
18. ChanQes.
The parties agree that no alteration. amendment, deletion or modification of
this Agreement shall have any force or effect unless the change is reduced to
writing, dated and made a part of this Agreement. The execution of the
change shall be authorized and signed in the same manner as for this
Agreement.
19. Sublease/AssiQnment.
L~ssor may assign this Agreement and any of its rights hereunder for the
purpose of financing the acquisition of equipment through a financial institution,
by granting a security interest in or other lien on the equipment. Such
assignment shall not relieve Lessor of any of its obligations or impose upon the
assignee any of the obligations of the Lessor described in this Agreement.
Under this Agreement, Lessor may enter into a contract for the installation,
remedial and preventive maintenance services provided to Lessee. Any
agreement between Lessor and any contractor shall obligate the contractor"to
comply with the general terms of this Agreement. With the exception of the
above provisions, the parties shall not enter into any contract or subcontract
for the performance of the terms and conditions of this Agreement nor assign
or transfer any interest in the lease without prior written consent of the other
party and subject to such conditions and provisions as are deemed necessary.
20. Successors and AssiQns.
The County and the City, respectively, bind themselves, and any partners,
successors, assigns or other authorized representatives to the other party to
this Agreement and the partners, successors, assigns or other authorized
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to
Scott County Administrator
',.
Approved as to form:
Thomas J. Harbinson
Scott County Attorney
Approved as to form:
City Administrator
8
City Attorney