HomeMy WebLinkAbout6.m. Joint Powers Agreement between the County of Dakota and the city of Rosemount for Cost Share Related to the Purchase of Aerial Photography� ROSEMOUNT EXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: April 16, 2013
AGENDA ITEM: Joint Powers Agreement between the
County of Dakota and City of Rosemount
AGENDA SECTION:
for Cost Share Related to the Purchase
Consent
of Aerial Photography
PREPARED BY: Kim Lindquist, Community Development
Director
AGENDA NO.
ATTACHMENTS: Joint Powers Agreement; Letter from
APPROVED BY:
Dakota County GIS Manager
RECOMMENDED ACTION: Motion to Approve Joint Powers Agreement and Authorize
the Mayor and City Clerk to sign the Agreement document.
ISSUE
The City has agreed to share in the cost with the County of obtaining aerial photography to use in our GIS
applications. A Joint Powers Agreement has been prepared that lays out the responsibilities and costs
involved. Also attached is a letter from the Dakota County GIS Manager that explains benefits of having
the aerial photography and provides a breakdown of the costs allocated to each city participating in the
JPA. The agreement is consistent with the previous agreement approved in 2010 with one main
modification. The cost allocation formula has been changed from population to area of the community.
This change increases Rosemount's share of the cost. However, this is a valuable tool for the community
and there are funds available to pay for the cost out of the Public Works operating budget. The total cost
is $1,428.00.
RECOMMENDATION
Recommend approval of the attached agreement.
This year, through collaboration with Scott and Carver counties, we
were able to achieve a significantly reduced price. The total cost for
the project is expected to not exceed $50,000. This is about 30% less
than we paid in 2010. The total city share of this cost is $13,459,
which has been determined and distributed using the methodology
used previously, based on the average of the total square miles and
the total number of parcels in each city as a percentage of the total in
all cities. Note that the same cost distribution methodology was used
for sharing the cost of LiDAR in 2011.
Overall Cost Breakdown
County $ 36,541
Cities $ 13,459
Total Cost: $ 50,000
City Cost Breakdown
Apple Valley
$
1,388
Burnsville
$
1,759
Eagan
$
2,131
Farmington
$
835
Hastings
$
746
Inver Grove Heights
$
1,477
Lakeville
$
2,087
Mendota Heights
$
542
Rosemount
$
1,428
South St Paul
$
587
West St Paul
$
479
Cities subtotal: $ 13,459
We expect to take delivery of this aerial photography late this
summer, after which we will work with your staff to distribute it, if
necessary.
If you have any questions or concerns, please contact me at 952 -891-
7080 or randy.knippel @co.dakota.mn.us.
Sincerely,
.� ' /5 i
Randy Knippel, GIS Manager
cc: Brandt Richardson, Dakota County Administrator
Matt Smith, OMB Division Director
Dan Cater, Information Technology Department Director
Kathy Keena, Assistant County Attorney
Dakota County Contract #GR00471
JOINT POWERS AGREEMENT
BETWEEN THE COUNTY OF DAKOTA
AND
THE CITY OF ROSEMOUNT
FOR COST SHARE RELATED TO THE
PURCHASE OF AERIAL PHOTOGRAPHY
WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power
common to the contracting parties; and
WHEREAS, Dakota County (County) is a political subdivisions of the State of Minnesota; and
WHEREAS, the City of Rosemount (City) is a governmental and political subdivision of the State of Minnesota; and
WHEREAS, the County has agreed to purchase aerial photography of Dakota County from Aero- Metric, Inc. (dba
AeroMetric) at an estimated cost of $50,000.00; and
WHEREAS, the City desires to utilize the aerial photography and is willing to cost share in the amount of $1,428.00
towards the purchase of said aerial photography.
NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and the City shall derive
from this Agreement, the County and the City hereby enter into this Agreement for the purposes stated herein.
SECTION 1
PURPOSE
The purpose of this Agreement is to define the responsibilities and cost sharing obligations of the County and the City for
the purchase and use of aerial photography from Aero- Metric, Inc. (dba AeroMetric).
SECTION 2
PARTIES
The parties to this Agreement are Dakota County, Minnesota (County) and the City of Rosemount, Minnesota (City).
SECTION 3
TERM
This Agreement shall be effective the date of the signatures of the parties to this Agreement and shall remain in effect
until September 30, 2013, or until completion by the parties of their respective obligations under this Agreement,
whichever occurs first, unless earlier terminated by law or according to the provisions of this Agreement.
SECTION 4
COOPERATION
The County and the City agree to cooperate and use their reasonable efforts to ensure prompt implementation of the
various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely
manner.
SECTION 5
OBLIGATIONS OF PARTIES
5.1 The County will purchase aerial photography of Dakota County from Aero- Metric, Inc. (dba AeroMetric) at an
estimated cost of $50,000.00.
5.2 The City will pay to the County the sum of $1,428.00 which shall be applied towards the purchase price of the
aerial photography as set forth in Section 5.1 above. The City shall make payment to the County within 45 days
of receiving an invoice from the County.
5.3 In exchange for its cost share contribution, the City will be allowed to obtain said aerial photography from the
County and use said aerial photography at no additional cost to the City. This section shall survive the expiration
of this Agreement.
SECTION 6
INDEMNIFICATION
Except as provided below, each party to this Agreement shall be liable for the acts of its officers, employees or agents and
the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers,
employees or agents.
To the fullest extent permitted by law, the City shall defend, indemnify and hold harmless the County, its officers,
employees or agents from and against all claims, damages, losses and expenses, including but not limited to attorney's
fees, arising out of or resulting from the City's use of any of the aerial photography purchased by the County from Aero-
Metric, Inc. (dba AeroMetric), which is the subject of this Agreement.
The provisions of the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other applicable laws govern liability of the
County and the City. The provisions of this section shall survive the expiration or termination of this Agreement.
SECTION 7
TERMINATION
Either party may terminate this Agreement upon 30 days written notice to the other party, with or without cause. Notice of
termination shall be made by certified mail or personal delivery to the person signing this Agreement on behalf of the other
party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from
the performance of or failure to adequately perform the terms of the Agreement prior to the effective date of termination.
SECTION 8
GENERAL PROVISIONS
8.1 ACCOUNTING AND RECORDS. The parties agree to establish and maintain accurate and complete accounts,
financial records and supporting documents relating to the receipt and expenditure of the cost share funds. Such
accounts and records shall be kept and maintained by the parties for a minimum period of six years following the
expiration of this Agreement.
8.2 AUDITING. The books, records, documents and accounting procedures and practices of the parties that are
relevant to this Agreement are subject to examination by the other party and the State Auditor for a minimum of
six years following the expiration of this Agreement.
8.3 NOTICE. Notice required to be provided pursuant to this Agreement shall be provided to the following named
persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement:
TO THE COUNTY: Dan Cater or successor, Director
Information Technology
1590 Hwy. 55
Rosemount, MN 55033
TO THE CITY: Bill Droste or successor, Mayor
City of Rosemount
2875 145th St. W.
Rosemount, MN 55068
2
In addition, notification to the County regarding termination of this Agreement by the other party shall be provided
to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Rosemount, Minnesota 55033.
8.4 LIAISONS. To assist the parties in the day -to -day performance of this Agreement and to ensure compliance and
provide ongoing consultation, a liaison shall be designated by the County and the City. The parties shall keep
each other continually informed, in writing, of any change in the designated liaison. At the time of execution of
this Agreement, the following persons are the designated liaisons:
County Liaison: Randy Knippel
Telephone: (952) 891 -7080
Email: randy.knippei @co.dakota.mn.us
City Liaison: Dwight Johnson, City Administrator
Telephone: (651) 322 -2006
Email: dwight .johnson @ci.rosemount.mn.us
8.5 MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall
only be valid when they have been reduced to writing, approved by the parties respective Boards, and signed by
the authorized representatives of the County and the City.
8.6 MINNESOTA LAW TO GOVERN. This Agreement shall be governed by and construed in accordance with the
substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of
laws. All proceedings related to this Agreement shall be venued in the County of Dakota, State of Minnesota.
8.7 MERGER. This Agreement is the final expression of the agreement of the parties and the complete and exclusive
statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements.
8.8 SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is
rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the
remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall
substantially impair the value of the entire Agreement with respect to either party.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below.
CITY OF ROSEMOUNT
By
By
Bill Droste, Mayor
Date of Signature:
Date of Signature:
COUNTY OF DAKOTA
APPROVED AS TO FORM:
By
A sistant CfakotA County Attorney Date
County Board Res. No. 13-
KS- 13- 78- 009(EF)
3
Dan Cater, Director
Information Technology
Date of Signature:
City Clerk