Loading...
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