HomeMy WebLinkAbout4.q. Emergency Vehicle Preemption Ordinance and Dakota County Agreement " CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: November 7, 1995
AGENDA ITEM: Emergency Vehicle Preemption System AGENDA SECTIQN:
�rdinance & Dakota County Agreement Consent
PREPARED BY: Bud Osmundson AGENDA �� �� �
City Engineer/Public Works Director
ATTACHMENTS: Ordinance & County Agreement APPROVED BY:
As you are aware, the City is getting into the final stages of having an Emergency
Vehicle Preemption (EVP) System completed and it should be completed by the end of
the month. Most of the emergency vehicles, which include the Police and Fire
Department vehicles, have the necessary equipment installed. The equipment to be
installed on the signal lights should be complete in the next two to three weeks. Since
all of our existing lights are on Dakota County and MNDOT roadways, we have
requested and received good cooperation for the installation of the necessary equipment
on these signal lights.
Dakota County requires that the City enter into an Agreement with the County regarding
the installation, maintenance and operation of the EVP Systems and requires that the
City have an ordinance which establishes procedures for use and operation of these
systems. This was also recommended by Strgar, Roscoe, Fausch, the transportation
engineer utilized for design of the EVP signal light system and by Rennix Corporation,
who is the vendor for Opticom, the actual brand name of the equipment. The ordinance
and the agreement are attached for your review. The City Attorney, along with the
, Police Chief, Fire Chief and City Clerk, have reviewed and made comments to the
ordinance, which are incorporated into its final form.
Staff recommends approval of the County Agreement and adoption of the ordinance.
The ordinance will take effect the day after publication.
RECOMMENDED ACTION: MOTION TO ADOPT THE EVP ORDINANCE AND TO AUTHORIZE
THE NECESSARY SIGNATURES ON THE EVP AGREEMENT NO. 95.07 WITH DAKOTA
COUNTY.
COUNCIL ACTION:
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CITY OF ROSEMOUNT
ORDINANCE NO. XII.15
AN ORDINANCE ESTABLISHING PROCEDURES FOR THE USE OF THE
EMERGENCY VEffiCLE PREEMPTION SYSTEM, TITLE 8,WITH
CHAPTER 5 OF THE CITY CODE OF ROSEMOUNT
WHEREAS,the City Council of the City of Rosemount, Minnesota ordains that Title 8 of the
Rosemount City Code is amended by adding new Chapter 5 as follows:
TITLE 8
CHAPTER 5 EMERGENCY VEffiCLE PREEMPTION SYSTEM
5ection 5-5-1 PURPOSE: The purpose for using the Emergency Vehicle Preemption System
in Rosemount is to allow emergency vehicles to perform emergency services in a safer and more
timely manner by temporarily controlling motorized vehicle traffic flow at signalized intersections.
The council deems it advisable to formulate policies and procedures for the use of the EVPS
emitters so that both pedestrians and drivers of motorized vehicles have adequate warning that
emergency vehicles are changing normal traffic control timing at signalized intersections.
Section 8-5-2 DEFINITIONS:
; ,
EMERGENCY VEHICLE A vehicle equipped and identified according to law and operated by
the Rosemount Police Department and/or Fire Department or any
other vehicle so recognized by state statute.
EMERGENCY VEHICLE
PREEMPTION SYSTEM A traffic control system designed for use by emergency vehicles to
improve traffic movement by temporarily controlling signalized
intersections. The EVPS is comprised offour(4) sepaxate
components: an emitter, a detector, an indicator, and a phase
selector. The emitter(a high intensity light source)is attached to
the emergency vehicle and functions in excess of ten(10) "beats"
per second. As an emergency vehicle approaches the intersection,
this pulsating light is received by a detector that is located at or
near the traffic signal. The detector relays the coded message to
� the phase selector, located in the traffic light control box, which
- then either holds the existing green light in favor of the approaching
emergency vehicle or accelerates the normal cycle of a signal
change to provide green hy the time the vehicle reaches the
intersection. The indicator is a light source located near the
detector which is directed toward the oncoming emergency vehicle
to indicate to the driver whether or not the tra�ic light has been
' `' preempted in their favor.
SECTION 8-5-3 C4NDTTIONS FOR USING THE EVPS:
(A) Fire De�artment- City owned fire department vehicles shall use the EVPS'while
on emergency responses only. Unless otherwise provided for herein, all other use by the ,
department is prohibited. Conditions for the use of EVPS hereby become a part of the Fire '
Department Standard Operating Procedures.
(B) Police Denartment- City owned police department vehicles shall use the EVPS
while on emergency responses only. Unless otherwise provided for herein, all other use by the
department is prohibited. Conditions for the use of the EVPS hereby become a part of the Police
Department Standard Operating Procedures.
(C) C�i County or State Maintenance Personnel-Dakota County, State of Minnesota
or City of Rosemount maintenance personnel, or their contractors under written agreement, may
activate the EVPS only when testing or repairing the system. Sirens and flashing red lights need
not be used except when the test vehicle must exceed the posted speed limits. In such instances,
said test must be pre-approved and coordinated with the Police Chief or his designee.
(D) Emergency Vehicles Not Owned l�y the City of Rosemount-The use of the EVPS
� within the City by non-city emergency vehicles is allowed if said emergency vehicle is one which
is recognized by the city in which it is based. The participating organization or unit of
government shall be trained and shall follow all procedures prescribed by the City in utilizing the
EVPS.
(E) Unless specifically approved herein, it shall be unlawful for any person to activate
the EVPS in Rosemount by any means whatsoever. This clause specifically prohibits the
installation of EVPS emitters on any vehicle not identified in Section 1-1-3 (A)-(D).
SECTION 8-5-4 EVPS MAINTENANCE PROCEDURES:
(A) It shall be the city's policy to routinely test the EVPS to insure proper functioning
of the system. During such tests, each intersection which is EVPS equipped shall be checked
from all approaches. Test results will be recorded on a standardized form indicating the
intersection tested, date of test,person conducting test, and evaluation result. This test is to be
completed jointly by the police, fire and public works departments, and a copy of the completed
test form shall be sent to the respective department heads.
(B) When a traffic signal is found to malfunction during a test, the person conducting
the test shall immediately notify the Rosemount Police Department of the defect and the location
of the defective signal and promptly provide separate written notice to the Police Chief.
�ECTION 8-5-5 EVPS TRAINING: An explanation of the policies and procedures governing
the use of the EVPS in Rosemount shall be included in the basic and in-service training courses
✓
for both the Rosemount Police and Fire Departments. Appropriate traini�g shall also be
mandated for those non-city entities authorized to utilize the EVPS within the City of
Rosemount.
SECTION 5-5-6 DISCIPLINARY ACTION: Violation of the policies and procedures set forth
above by any authorized person shall be cause for disciplinary action in accordance with adopted
city and department policies.
SECTION 8-5-'7 PENALTY: Any person violating any provision of this Chapter is guilty as
provided by State law.
This ordinance shall be effective the day following its adoption and publication.
ADOPTED this 7th day of November, 1995.
E.B. McMenomy, Mayor
ATTEST:
;
�
;
,
Susan Walsh, City Clerk
Published this day of November, 1995 in the Rosemount Tawn Pages.
DAROTA COIINTY
DEPARTMENT OF HIGHWAYS
E.V.P. AGREEMENT NO. 95-07
BETWEEN
THE COIINTY OF DAROTA
- AND
• ' THE CITY OF ROSEMOIINT
TO
Design, install, maintain, operate, and remove Emergency Vehicle
Pre-emption systems to the existing traffic control signals at
designated intersections in Rosemount.
E.V.P. Maint. Agreement 95-07
THIS AGREEMENT, made and entered into by and between the County
of Dakota, hereinafter referred to as the "County", and the City
of Rosemount, hereinafter referred to as the "City°, WITNESSETH:
WHEREAS, the County and the City have entered into
cooperative agreements to install and maintain traffic control
signals on County roads within the City; and
WHEREAS, the City is installing emergency vehicle pre-emption
systems to existing traff ic control signals within the City; and ,
WHEREAS, the City has requested that the County furnish
<: materials necessary to operate said traffic control signals with
emergency vehicle pre-emption; and
WHEREAS, the City has requested that the County provide
emergency vehicle pre-emption system maintenance for the City on
a reimbursable basis; and
WHEREAS, the County has a policy to perform certain
maintenance activities for the City.
NOW, THEREFORE, BE IT AGREED AS FOLLOWS:
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E.V.P. Maint. Agreement 95-07
1. E V,P. Systems. The City, with its own forces and
equipment and/or by contract, shall design and install emergency
vehicle pre-emption systems at the following intersections:
CSAH 42 & CSAHs 9 & 33
CSAH 42 & Shannon Parkway
CSAH 42 & Chippendale Avenue.
The City shall be responsible for all costs to install the
emergency vehicle pre-emption systems, except as noted in
paragraph 2 below.
4
,
� 2. Countv Furnished Materials. The County will furnish to
the City the necessary controller units, EVP detection and phase
selection units to operate the traffic control signals with
emergency vehicle pre-emption as required. Costs for the County
furnished controller units shall be shared in the amount of fifty
percent (50�) by the County and fifty percent (50�) by the City.
� Costs for the County furnished EVP detection and phase selection
units shall be the responsibility of the City. Upon completion
of the work, the County will invoice the City for the City's
share of the County furnished materials. The City shall
reimburse the County the invoice amount within 30 calendar days.
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E.V.P. Maint. Agreement 95-07
3 , F V P Maintenance. The County agrees to maintain for
the City the emergency vehicle pre-emption systems of the traffic
control signals on CSAH 42 in Rosemount as follows:
a. The County will respond to requests for assistance
subject to the limitations imposed by the availability of
manpower, equipment, and replacement parts and the condition of
the County Road system. Each maintenanae operation performed by
the County shall be individually and specifically requested by
i
the City to correct a malfunction or failure. Malfunctions shall
;;
be screened by City Public Works personnel prior to making a
request for assistance. Requests for assistance shall come from
authorized personnel of the City. A list of authorized personnel
shall be furnished to the County by the City.
b. The City will inform the County of any City (or City's
contractor) activity which changes or modifies the signal
systems. The County may refuse to install County owned spare
equipment if it is determined by the County that the signal may
cause damage to the County spare equipment due to incompatibility
of equipment.
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4
E.V.P. Maint. Agreement 95-07
c. Al1 costs incurred by the County in conjunction with the
emergency vehicle pre-emption maintenance services provided for
in this agreement shall be reimbursed by the City. Said costs
shall be computed in accordance with the following schedule:
(1) Direct Labor - Actual salary rate paid employees
for the performance of the work and servic�s
required under this Agreement.
(2} Fringe Benefits - A percentage rate multiplied by
Item (1) . These costs cover insurance,
retirement, sick leave, vacation, etc.
(3) Indirect Overhead - A percentage rate multiplied
by Item (1) . These are costs of an indirect
nature such as clerical, technical, and managerial
support and other overhead costs such as storage,
purchasing, finance, communication services, data
processing and administration services.
(4) Equipment - Actual cost incurred for rental of
equipment used in performance of the work or
services described herein.
(5) Materials - Actual cost incurred for all materials
used in the work or services described herein.
_5_
i
E.V.P. Maint. Agreement 95-07
The percentage rates applicable to items (2) and (3) above are
based upon historical expenditures and may be adjusted as
necessary. At the time of this Agreement the percentage rates
applicable to items (2) and (3) above are:
Item (2) 48%
Item (3) 25%
Statements claiming reimbursement hereinunder will be submitted
quarterly by the County and will contain thereon a certification
by the County Engineer that all items therein are true and
correct and are for work and services performed under the terms
of this Agreement. Said statements shall be due and payable
within 30 days after submittal.
4, EVP Maintenance. All modifications, revisions, and
maintenance of the emergency vehicle pre-emption system
considered necessary or desirable by the parties, shall be done by
County forces, or upon concurrence in writing by the County's
Traffic Engineer, may be done by others. Any and all costs and
expenses of emergency vehicle pre-emption maintenance shall be
the responsibility of the City. The City agrees to immediately
report any malfunction of the emergency vehicle pre-emption
system to the County.
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E.V.P. Maint. Agreement 95-07
5. EVP Emitter Units. Emergency vehicle pre-emption emitter
units may be installed and used only on vehicles responding to an.
emergency as defined in Minnesota Statutes Chapter 169.03 . The
City shall provide the County Engineer or his duly appointed
representative a list of all such vehicles with emitter units
authorized by the City.
6. EVP Use. In the event said emergency vehicle pre-emption
system or components are being misused or the conditions set
forth in this agreement are violated, and such misuse or
violation continues after receipt by the City of written notice
thereof from the County, the County shall remove the emergency
vehicle pre-emption system. Should the City elect at some future
date to no longer operate the emergency vehicle pre-emptian
system, the City shall provide to the County written notice of
such intent and the County shall remove the emergency vehicle
pre-emption system. Pursuant to this paragraph, the field
- wiring, cabinet wiring, and other components shall become the -
property of the County. All detector heads and indicator lamps
mounted external to the traffic controller cabinet will be
returned to the City. The detector receivers and any other
assemblies located in the traffic control signal cabinets, which
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E.V.P. Maint. Agreement 95-07
if removed will not affect the traffic control signal operation,
will be returned to the City.
7. Indemnification. The City agrees to defend, indemnify,
and hold harmless the County against any and all claims,
liability, loss, damage, or expense arising under the provisions
of this Agreement and caused by or xesulting from its negligent
act or omissions and/or those of its employees or agents.
8. Waiver. Any and all persons engaged in the aforesaid
work to be performed by the County shall not be considered
employees of the City and any and all claims that may or might
arise under the Worker's Compensation Act of this State on behalf
of said employees while so engaged, and any and all claims made
by any third party as a consequence of" any act or omission on the
part of said employees while so engaged on any of the work '
conte�plated herein shall not be the obligation or responsibility
of the City. The County shall not be responsible under the
Worker's Compensation Act for any employees of the City.
g. Pursuant to Minnesota Statutes 16B.06, Subd. 4, any and
all books, records, documents, and accounting procedures and
practices of the City and the County relevant to this Agreement
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A
E.V.P. Maint. Agreement 95-07
are subject to examination by the County and either the
Legislative Auditor or the State Auditor as appropriate. The
City and the County agree to maintain these records for a period
of three years from the date of performance of any and all
services covered under this Agreement.
10. The terms and conditions of County maintenance for the
City, as described above, may be terminated by either party with
or withaut cause. The County agrees to provide written notice
one year in advance of the effective date of such termination.
The City agrees to provide written notice to the County if the
County's services are no longer desired.
11. The rights and remedies provided in this Agreement shall
not be exclusive and are in addition to any other rights and
remedies provided by law.
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E.V.P. Maint. Agreement 95-07
IN WITNESS THEREOF, the parties hereto have caused this
agreement to be executed by their duly authorized off icials.
CITY OF ROSEMOUNT
RECOMMENDED FOR APPROVAL:
By
City Engineer Mayor
APPROVED AS TO FORM:
(SEAL)
By
City Attorney City Clerk
Date
�
DAROTA COIINTY
RECOMMENDED FOR APPROVAL: PROVED A ��M=
. ���� � ����"�'� ' �� � . .
County Engineer Count
APPROVED AS TO EXECUTION:
�
County Tra fic Engineer ,
County Attorney
By
Cp�y gOARD RESOLUTION Physical Development Director
No��1�� Date -\^�� � Date
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BOARD OF COUNTY COMMISSIONERS
DAKOTA COUNTY, MINNESOTA
j DATE September 19, 1995 RESOLUTION '.v0. 95-615
Motion by Commissioner Bdtagl i a Seconded by Commissioner Turner
WHEREAS, Dakota County and the City of Rosemount have entered into cooperative agreements ta irtstalt and
maintain tcaffic conVoi signals on County roads within the City; and
WHEREAS, the City is instailing emergency vehicle pre-emption systems to existing traffic controi signals within the
City; and
WHEREAS, the City has requested that#he County fumish materials necessary to operate said tra�c controi signats
with emergency vehicle pre-emption; and
WHEREAS, the City will reimburse to the County the costs of the fumished emergency vehicfe pre-emption
equipmecrt and 50% ofi the controller unit costs; and
WHEREAS, the City has requested that the County p�ovide emergency vehicle pre-emption system maintenance for
the City on a reimbursable basis; and
WHEREAS,the County has a policy to perform emergency vehicle pre-emption maintenance for the City.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the
iCounty to errter into an agreement with the City of Rosemount to design, install, maintain, operate, and remove
_ ,7 emergency vehicle pre-emption systems to the traffic contro!signals at intersections with County roads within the City;
and
BE IT FURTHER RESOLVED, That the County Physical Development Division Director is hereby authorized to enter
into an agreement subject to approval by the County Attomey's Office as to form and execution.
_ YES NO
Harris X Harris
Maher X Maher
Bataglia X Bataglia
Mueller X Mueller
Turner X Tumer
Knuse X Krausa
Loediog X lceding
State of Minnesota
County of Dakota
• I.Mary S.Scheide,Clerk w the Board of tlie County of Dakoia. Stace of ifinnesota.dc+herebc certifp that I have compared tt�e
� foregoing copy of a resoluaon with the origina!minutes of the proceedings of the Board of Countr Commissionen. Dakota Countp.
Minnesou. at their session held on the l9th aay or September 29�, now on fite in the Gountp
Administraaon Departmen� and have found the same to be a true and correct copy thereof.
p �
Witness my hand and o�cial seal of Dakoca County this �r�'�`'D�- day of �•
Cle to the Board