HomeMy WebLinkAbout9.a. Dakota Communications Center (Joint Dispatch) - Joint Powers Agreement (JPA)AGENDA ITEM: Dakota Communications Center (Joint
Dispatch) Joint Powers Agreement
(JPA)
AGENDA SECTION:
Old Business
PREPARED BY: Jamie Verbrugge, City Administrator
AGEtJI
9 A
ATTACHMENTS: Resolution; Joint Powers Agreement
APPROVED BY:,
RECOMMENDED ACTION: Motion to adopt the resolution approving the Dakota
Communications Center Joint Powers Agreement and appointing representatives
4 ROSEMOUNT
CITY COUNCIL
City Council Meeting September 6, 2005
EXECUTIVE SUMMARY
BACKGROUND
The City Council previously approved a resolution stating its intent to participate in a joint powers entity
established for the purpose of constructing and operating a joint public safety dispatch center.
ISSUE
Representatives from the participating entities have been meeting over the past several months to review,
revise and finalize a draft Joint Powers Agreement for the Dakota Communications Center (DCC). City
Administrator Verbrugge has been representing the City of Rosemount in these discussions. At various
times in the process, City Attorney Lefevere and Police Chief Kalstabakken have been consulted on
aspects of the JPA.
The Joint Powers Agreement defines the operations and governance of the DCC. Each participating
entity will have one elected official as representative to the Board of Directors. Voting by the Board of
Directors will be based on a one -city /one -vote basis, with the exception of financial matters which will be
done on a weighted basis determined by the amount of financial contribution to the DCC. The Board of
Directors will meet at least twice each calendar year.
The chief administrative official of each entity will serve on the Executive Committee. The Executive
Committee will meet at least quarterly.
Each law enforcement agency and each fire agency of participating entities will have one representative to
the Operations Comnuttee. The Operations Committee will meet at least six times a year.
Participating entities may name alternate representatives to the Board and Committees to serve in the
absence of the appointed representatives.
The first meeting of the Executive Connmttee (chief administrative officers) will be held on August 26,
2005. The first meeting of the Board of Directors and Operations Committee will be scheduled after all
participants have approved the JPA and appointed representatives.
SUMMARY
Council is requested to adopt the resolution approving the Dakota Communications Center Joint Powers
Agreement and to appoint representatives to the respective governance and advisory groups.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2005-
A RESOLUTION APPROVING THE JOINT POWERS AGREEMENT
ESTABLISHING THE DAKOTA COMMUNICATIONS CENTER
WHEREAS, The City of Rosemount adopted a resolution on May 24, 2005 authorizing
participation in a countywide Joint Dispatch Center to be governed by a joint powers agreement that
will give all participants a strong voice m the operations and management of the Center: and
WHEREAS, The authorizing resolution directed that the joint powers agreement be presented to
the City Council for approval; and
WHEREAS, The High Performance Partnership (HIPP) Joint Dispatch Policy Committee has
prepared a joint powers agreement between the Cities of Apple Valley, Burnsville, Eagan,
Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St.
Paul, West St. Paul and the County of Dakota estabhshmg the Dakota Communications Center; and
WHEREAS, The purpose of the Joint powers agreement is to acquire and provide the facilities,
infrastructure, hardware, software, services and other items necessary and appropriate for the
estabhshment, operation and maintenance of a joint law enforcement, fire, EMS, and other
emergency communications system for the mutual benefit of the Members and the people of
Dakota County; and
WHEREAS, The joint powers agreement establishes a Board of Directors made up of an elected
official from each Member, an Executive Committee made up of the chief administrators of each
Member, and an Operations Committee made up of a representative of each law enforcement
agency and file agency of a Member, and the Dakota County Joint EMS Council; and
WHEREAS, The Members may also designate an alternate to the Board of Directors, the
Executive Committee, and the Operations Committee, and
WHEREAS, The HIPP Joint Dispatch Policy Committee recommends that the parnapatmg
members approve the Joint Powers Agreement and name the officials to serve on the Board of
Directors, the Executive Committee, and the Operations Committee.
NOW, THEREFORE BE IT RESOLVED, That the City of Rosemount hereby approves the
Joint Powers Agreement Estabhshmg the Dakota Communication Center, and
BE IT FURTHER RESOLVED, That the City of Rosemount hereby names
to serve on the Board of Directors and as the
alternate, and
BE IT FURTHER RESOLVED, That the City of Rosemount hereby appoints the City
Administrator to serve on the Executive Committee; and
RESOLUTION 2005
BE IT FURTHER RESOLVED, That the City Administrator is authorized to name an alternate
to the Executive committee, to name a law enforcement representative and fire representative to the
Operations Committee and to mane an alternate law enforcement representative and an alternate
fire representative to the Operations Committee.
ADOPTED this 16 day of August, 2005, by the City Council of the City of Rosemount.
A'11
Linda J. Jentink, City Clerk
William H Droste, Mayor
Motion by: Second by:
Voted in favor:
Voted against
Member absent:
2
Joint Powers Agreement
Establishing the
Dakota Communications Center
TABLE OF CONTENTS
RECITALS 3
PURPOSE 3
TERM 4
POWERS 4
MEMBERSHIP 5
BOARD OF DIRECTORS 6
EXECUTIVE COMMITTEE 8
EXECUTIVE DIRECTOR 10
OPERATIONS COMMITTEE 11
BUDGET 13
AUDIT 15
TERMINATION AND DISSOLUTION 15
WITHDRAWAL OF A MEMBER 16
INSURANCE AND INDEMNIFICATION 17
RESOLUTION OF DISPUTES 18
FORCE MAJEURE 18
MISCELLANEOUS PROVISIONS 18
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This Agreement is entered into between the following political subdivisions of the State of
Minnesota, by and through their respective governing bodies:
City of Apple Valley
City of Burnsville
City of Eagan
City of Farmington
City of Hastings
City of Inver Grove Heights
Individually and collectively, the parties to this Agreement are referred to as the "Members" of
the Dakota Communications Center, hereinafter referred to as the "DCC
RECITALS
City of Lakeville
City of Mendota Heights
City of Rosemount
City of South St. Paul
City of West St. Paul
County of Dakota
WHEREAS, pursuant to Minnesota Statutes 471.59, the Members are empowered to provide
assistance to, and act in coordination with, other political subdivisions within the state
Minnesota as deemed necessary to benefit the public; and
WHEREAS, pursuant to Minnesota Statutes 465.717, the Members are empowered to
incorporate the joint powers entity created by this Agreement as a Minnesota nonprofit
corporation if deemed necessary or beneficial to the Members; and
WHEREAS, the Members wish to cooperatively engage in the establishment, operation and
maintenance of a countywide public safety answering point and communications center for law
enforcement, fire, emergency medical services (EMS), and other public safety services for the
mutual benefit of all; and
WHEREAS, by creating the DCC the Members intend to provide a level of public safety
communications services to Dakota County communities that is commensurate with industry
standards; and
WHEREAS, each Member represents that it is duly qualified and authorized to enter into this
Agreement and will comply with its respective obligations and responsibilities as set forth in this
Agreement.
NOW, THEREFORE, in consideration of the mutual undertaking and agreements hereinafter set
forth, the Members agree as follows:
ARTICLE I
PURPOSE
Through this Agreement and the authority provided by Minnesota Statutes 471.59 to act
cooperatively, the Members hereby create a joint powers entity referred to as the DCC for the
following purposes:
To acquire and provide the facilities, infrastructure, hardware, software, services and other
items necessary and appropriate for the establishment, operation and maintenance of a joint
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law enforcement, fire, EMS, and other emergency communications system for the mutual
benefit of the Members and the people of Dakota County;
To provide public safety communications system services to other governmental units that are
not Members through a fee for service contract;
To define the rights and obligations of the Members with respect to the establishment,
operation and maintenance of the DCC; and
To provide a forum for discussion, study, development and implementation of recommendations
of mutual interest regarding public safety communications, information systems, and statistical
matters within Dakota County, Minnesota.
ARTICLE II
TERM
This Agreement shall be effective upon execution by all the parties hereto and shall continue
until terminated as provided in Article XI. No party may withdraw from this Agreement from
the date this Agreement is executed by all parties until five (5) years from the initial date of
operation of the DCC (the Initial Term). The Board of Directors shall determine the initial date
of operation of the DCC.
ARTICLE III
POWERS
The DCC shall have the following powers in its own name:
A. To take actions necessary and convenient to discharge the duty to implement, maintain,
and operate a countywide public safety communications center;
B. To adopt bylaws and rules or policies consistent with this Agreement that are required to
effectively exercise the powers or accomplish the objectives of the DCC;
C. To adopt an annual operating and capital budget, including a statement of sources of
funding and allocation of costs to the Members of the DCC;
D. To enter into contracts in its own name, including contracts to provide public safety
communications services to other governmental units who are not Members;
E. To acquire, lease, hold and dispose of property, both real and personal, including transfer of
property from a Member to the DCC;
F. To incur debt obligations that do not exceed ten (10) years, liabilities or other obligations
necessary to accomplish its purposes that are consistent with any financial and debt policies
established by the Board of Directors, or to arrange with one or more of the Members to
incur debt or issue bonds for the benefit of the DCC, as permitted by law;
G. To operate and maintain a communications system that will receive calls for law
enforcement, fire, and emergency medical services (EMS) services and dispatch field units in
response to such calls;
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H. To hire, discipline or discharge employees required to accomplish the purposes of this
Agreement including employing an Executive Director and delegating authority to the
Executive Director as determined by the Board of Directors;
I. To purchase any insurance or indemnity or surety bonds as necessary to carry out this
Agreement and the purposes of the DCC;
J. To seek, apply for and accept appropriations, grants, gifts, loans of money or other
assistance as permitted by law from any person or entity, whether public or private;
K. To sue;
L. To exercise all powers necessary and incidental to carrying out the purposes set forth in
Article I of this Agreement;
M. To charge fees to Members or other governmental entities for special services or
communications system functionality that is not provided to all Members; and
N. To incorporate the DCC as a Minnesota nonprofit corporation if approved by a majority of
the Board of Directors.
ARTICLE IV
MEMBERSHIP
4.1 Definition of Members
All parties to this Agreement are Members of the DCC. No Member may withdraw from this
Agreement during the Initial Term of this Agreement.
4.2 Requirement of Good Standing
Continued Membership in the DCC shall be contingent upon the payment by each Member of an
annual assessment and any additional fees as determined by the Board of Directors consistent
with the financing procedures set forth in Article IX hereunder.
4.3 Addition of New Members
Any unit of government within Dakota County that has at least 10,000 residents and maintains
a law enforcement agency is eligible for Membership in the DCC. A new Member may be added
to the DCC if first approved by the Board of Directors and if the existing Members and the unit
of government seeking membership execute an amendment to this Agreement to add the new
Member upon the terms as agreed to by them.
Any unit of government that becomes a Member of the DCC after the execution of this
Agreement shall be subject to all existing debts and liabilities of the DCC on a proportionate
basis to the same extent as all then existing Members. In addition, any new Member shall be
solely liable for all costs of adding or modifying hardware, software or services necessary to
effectively accommodate the operational needs of the new Member, and of insuring that there
is no degradation of existing capability due to the new Member's needs, as determined by the
Board of Directors. Each new Member shall pay a proportionate share of the normal,
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continuing operating expenses of the DCC as well as a proportionate share of any special
assessment, as approved from time to time by the Members. An entity seeking to become a
Member may be required to and shall pay one -time initiation, assessment or capital investment
fees or establish an escrow account for such fees as determined by the Board of Directors.
4.4 Withdrawal of Member
Withdrawal of any Member after the Initial Term of this Agreement shall not terminate this
Agreement except as provided in Article XI. Withdrawal shall be accomplished as set forth in
Article XII of this Agreement. Withdrawal shall not discharge any liability incurred or chargeable
to any Member before the effective date of withdrawal. No Member is entitled to a refund of
cost sharing assessments or other fees imposed by the Board of Directors that have been paid
to, or is owed to, the DCC on the effective date of withdrawal.
5.1 Membership on the Board
ARTICLE V
BOARD OF DIRECTORS
There is hereby established a Board of Directors of the DCC which shall consist of an elected
official from each Member. These Directors shall serve without salary, but may be reimbursed
for expenses incurred in connection with DCC business as determined by the Board of Directors.
Each Member shall designate one named elected official as a Director consistent with the term
and procedures set forth in the Bylaws adopted by the Board of Directors. Each Member may
also designate one named elected official as an Alternate Director to attend Board meetings and
vote on measures brought before the Board when a Director is absent, consistent with the
procedures set forth in the Bylaws. If any Director or Alternate Director ceases to be an elected
official of a Member during his or her term, such seat shall be vacant until a successor elected
official is appointed by such Member.
5.2 Powers of the Board
The Board of Directors shall have the following powers and duties:
a. provide policy leadership and approve the general policies of the DCC relating to
budget, finance, and legal matters;
b. contract with a Member or third party for auditing, financial, human resources, legal and
other services as needed for the DCC;
c. adopt Board Bylaws and amend the Bylaws from time to time as it deems necessary;
d. approve changes to the membership of the DCC;
e. approve contracting and purchasing policies for the DCC;
f. approve the annual operating and capital budget, cost allocation formula, Member fees
and assessments of the DCC;
g. hire, discipline, terminate and set the compensation for the Executive Director; and
h. incur debt and approve financial obligations of the DCC that are significant in amount
and non recurring. Board approval is not required for payment of monthly budgeted
expenditures and employee salaries and benefits.
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i. incorporate the DCC as a Minnesota nonprofit corporation as permitted by Minnesota
Statutes 465.717, subdivision 2, if approved by a majority of Members at a meeting of
the Board of Directors.
5.3 Voting by Directors
Each Member of the DCC shall have one seat on the Board of Directors and is entitled to one
vote. The Directors' votes shall be non weighted (all votes having the same weight) when
voting on matters coming before the Board, except as provided below.
The Directors' votes shall be weighted when the Board is exercising its powers under Section
5.2 (f) and (h) of this Agreement. The comparative weight of each Director's vote on those
matters is determined by the proportionate share of the DCC annual operating and capital
budget for that calendar year that is the responsibility of the Member casting that vote.
The Board of Directors shall arrange for or contract with one or more of its Members or an
independent contractor to provide personnel /human resource, accounting and finance,
procurement /contracting, payroll administration and legal services for the DCC. The DCC shall
not create its own personnel /human resource, accounting and finance,
procurement /contracting, payroll administration or legal departments unless approved by a
four -fifths (4/5) majority of the Board of Directors by non weighted votes.
After the first full year that the DCC is in operation, the Board of Directors may amend the cost
allocation formula and associated definitions by a 2/3 majority of the weighted vote total of
those Members present and voting at a properly noticed Board of Directors meeting.
In case of a tie vote, the Chair of the Board of Directors shall cast a second and deciding vote.
No proxy votes or absentee voting shall be permitted except as provided in this Agreement or in
the Bylaws of the Board.
5.4 Board Meetings
a. The Board of Directors shall have regular meetings at least twice each calendar year at a
date, time and location included in the meeting notices. The Board may schedule more
regular meetings as it deems appropriate or as established by the Bylaws adopted by
the Board. At least 30 days prior notice shall be provided to each Member, Director and
Alternate Director of the date, time and location of such regular meetings.
b. A special meeting of the Board of Directors may be called by its Chair, or by any four
Directors of the Board consistent with the procedures set forth in the Bylaws.
5.5 Officers of the Board of Directors
a. Officers of the Board of Directors shall consist of a Chair and Vice Chair. The Chair and
Vice Chair shall be elected from among the Directors of the DCC. The officers shall hold
office for the terms and under the conditions set forth in the Bylaws adopted by the
Board of Directors.
b. Chair: The Chair of the Board shall Conduct meetings of the Board of Directors, sign,
with the Executive Director, any instrument which the Board of Directors has authorized
to be executed, or as authorized by the Bylaws or approved DCC procedural rules of
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operation, and perform all duties incident to the office of Chair and such other duties as
may be prescribed by the Board of Directors from time to time, provided that such
actions are consistent with this Agreement and the Bylaws.
c. Vice Chair: In the event of the absence of the Chair, or in the event of the inability or
refusal of the Chair to act, the Vice Chair of the Board shall perform the duties of Chair.
5.6 Secretary of the Board of Directors: The Executive Director of the DCC shall serve in the
administrative role of Secretary to the Board and shall keep the minutes of the meetings of
the Board of Directors, see that all notices are duly provided and /or published in accordance
with the provisions of this Agreement and the Bylaws adopted by the Board of Directors or
as otherwise required by law, act as custodian of the business records of the DCC, and
perform all duties incident to the office of Secretary and such other duties as from time to
time may be assigned by the Board of Directors.
A high -level outline of the governing organizational structure of the DCC is graphically
represented in Attachment A.
6.1 Membership on the Executive Committee
6.2 Purpose and Powers of the Committee
ARTICLE VI
EXECUTIVE COMMITTEE
There is hereby established an Executive Committee of the DCC, the members of which shall
serve without salary and shall oversee the operations and functions of the DCC as set forth in
this Article and the Bylaws of the Committee. The Executive Committee shall consist of the
chief administrators of each Member. Each Member shall have one seat on the Executive
Committee. Each Member may also designate a second employee or staff person as an
alternate representative to attend Committee meetings and vote, on behalf of such Member, on
matters brought before the Committee when a representative is absent, consistent with the
procedures set forth in the Bylaws. Each representative and alternate representative shall serve
without salary, but each may be reimbursed for necessary expenses incurred in connection with
the DCC business, as determined by the Board of Directors. If any Committee representative
ceases to be the chief administrator of a Member, such seat may be occupied by the alternate
representative until a successor chief administrator or interim chief administrator is appointed
by such Member.
The Executive Committee shall have the following powers and duties:
a. provide direction and oversight of the operations of the DCC, subject to the policy
direction established by the Board of Directors, and within the limits fixed by the
operating and capital budgets, provided that no financial obligation exceeding the
amount of the approved budget shall be incurred by the Executive Committee
without the prior consent of the Board of Directors;
b. carry out the policy decisions of the Board of Directors and make recommendations
to the Board of Directors.;
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c. adopt Committee Bylaws and amend the Bylaws from time to time as it deems
necessary;
d. review all administrative decisions concerning personnel, development efforts,
operations, cost sharing, expenditure approval, utilization of personnel and
equipment, and operational decisions made by the Executive Director as deemed
necessary by the Committee;
e. assist the Board of Directors in the recruitment of candidates for the position of
Executive Director and the review of candidate qualifications and provide
recommendations to the Board of Directors on the hiring, termination and review of
the performance of the Executive Director;
f. conduct an annual evaluation of the Executive Director's performance and present its
findings and recommendations to the Board of Directors before the date the Board
approves the annual operating and capital budgets;
9. establish and assign tasks to advisory subcommittees as the Committee deems
necessary;
h. make recommendations to the Board of Directors on changes to the membership of
the DCC;
i. Review, modify and approve to the proposed annual operating and capital budgets
prepared by the Executive Director prior to submittal to the Board of Directors.
6.3 Voting by Committee Members
Each Member is entitled to one vote at committee meetings and each vote shall be non
weighted (each vote having equal weight). In the case of a tie, the Chair of the Executive
Committee shall cast a second and deciding vote. Only the chief administrator, or the
designated alternate representative of a Member in the absence of the chief administrator, shall
vote on matters coming before the Executive Committee.
No proxy votes or absentee voting shall be permitted except as provided in this Agreement or in
the Bylaws of the Committee.
6.4 Meetings
a. Regular meetings of the Executive Committee shall be held as needed, but at least
quarterly. At least 15 days prior notice shall be provided to each committee member of
the date, time and location of such meetings.
b. Special meetings of the Executive Committee may be called by its Chair, or any four
members of the Executive Committee acting in concert, consistent with the procedures
set forth in the Bylaws or operating procedures adopted by the Committee.
6.5 Officers of the Executive Committee
Officers of the Executive Committee shall consist of a Chair and a Vice Chair. The Chair and
Vice Chair shall be elected from among the representatives of the Members serving on the
Executive Committee. The officers shall hold office for the terms and under the conditions set
forth in the Bylaws adopted by the Executive Committee.
a. Chair. The Chair shall conduct meetings of the Executive Committee and shall serve as
the liaison between the Board of Directors and the Executive Committee. The Chair may
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sign, with the Executive Director, any instruments which the Executive Committee,
acting as a Committee, has authorized to be executed or as authorized by the DCC
procedural rules of operation. The Chair shall also perform all duties incident to the
office of Chair and such other duties as may be prescribed by the Executive Committee
from time to time, provided that such actions are consistent with this Agreement and
the Bylaws.
b. Vice Chair. In the absence of the Chair or in the event of the Chair's inability or refusal
to act, the Vice Chair shall perform the duties of Chair. The Vice Chair shall perform
such other duties as may be requested by the Chair.
7.1 Appointment and Vacancy
7.2 Powers And Duties
ARTICLE VII
EXECUTIVE DIRECTOR
a. The DCC shall have a chief operating officer of the title Executive Director. The
Executive Director shall be the administrative head of the DCC and shall report to the
Executive Committee for the administration and operation of the DCC. The Executive
Director shall be an employee of the DCC.
b. The Executive Director shall have appropriate administrative and executive qualifications
for the position and shall have actual experience in and knowledge of accepted practices
for a public safety communications system.
c. Any vacancy in the office of Executive Director shall be filled as soon as possible after
the effective date of such vacancy. In the case of absence or disability of the Executive
Director, the Board of Directors may designate any other qualified person to carry out
the duties of the Executive Director during such absence or disability.
The responsibilities and duties of the Executive Director shall include the following:
a. To attend meetings of the Board of Directors, the Executive Committee and the
Operations Committee;
(1) The Executive Director shall have the right to take part in the discussion of all
matters coming before the Board of Directors, the Executive Committee and the
Operations Committee but shall have no vote thereon;
(2) The Executive Director shall be entitled to and be given notice of all meetings,
regular and special, of the Board of Directors, the Executive Committee and the
Operations Committee;
(3) When the Executive Director is unable to attend a meeting, the Executive Director
may appoint a DCC staff member to attend.
b. To appoint, evaluate, promote, demote or remove employees of the DCC pursuant to
the approved DCC budget and in accord with the policies and procedures of the DCC;
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c. To recommend to the Executive Committee for adoption such policies and procedures
as may be deemed necessary or expedient for the efficient operation of the DCC:
d. To direct and oversee the day -to -day operations of the DCC and its employees and to
expend operating and capital budgets consistent with the policies and direction of the
Board of Directors;
e. To enforce, administer, and implement the policies of the DCC as established by the
Board of Directors and Executive Committee;
f. To prepare a quarterly report of the DCC activities and provide copies to the Board of
Directors and the Executive Committee;
g. To prepare a proposed annual operating and capital budget as well as a report of
estimated revenues in order to determine the estimated funds necessary to defray
the expenses of the DCC for each fiscal year and to present the proposed operating
and capital budget to the Executive Committee in the manner set forth under Article
IX herein;
h. To serve as a staff resource to the Executive Committee and the Operations
Committee and coordinate the activities of the respective committees as required;
i. To serve as a Member of regional committees, organizations and forums related to
public safety communications and represent the collective interests of the DCC and its
Members as required;
j. To communicate regularly with the Members and other agencies utilizing the DCC
communication services about operational, policy and training issues;
k. To keep minutes of the meetings of the Board of Directors, Executive Committee, and
Operations Committee and see that all notices of the Board and Committee are duly
provided and /or published in accordance with the provisions of this Agreement and
the Bylaws adopted by the Board, Executive Committee and Operations Committee or
as otherwise required by law;
I. To act as custodian of the business records of the DCC; and
m. To perform such other duties as may be delegated from time to time by the Board of
Directors or by the Executive Committee.
ARTICLE VIII
OPERATIONS COMMITTEE
8.1 Membership on the Operations Committee
Each law enforcement agency and fire agency of a Member of the DCC and the Dakota County
Joint EMS Council shall have one seat on the Operations Committee. Each law enforcement
agency, fire agency and the Dakota County EMS Council shall designate a primary member and
an alternate member to the Committee. Each law enforcement agency and fire agency of a
community that is served by the DCC but is not a Member of the DCC may participate in the
Operations Committee as a non voting, ad -hoc member. The Executive Director shall provide
staff support to the Operations Committee and its subcommittees and shall provide information
and guidance to the Committee and subcommittees as needed.
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8.2 Purpose and Powers of the Committee
There is hereby established an Operations Committee of the DCC. The Operations Committee
may establish and abolish advisory subcommittees, as it deems necessary. Initially, the
Committee will have two subcommittees the Law Enforcement Subcommittee and the
Fire /EMS Subcommittee. The Members of the Operations Committee and its subcommittees
shall serve without compensation and shall be available to the DCC Executive Director and
Executive Committee to assist in the coordination of:
Unified radio procedures;
DCC procedural changes that affect one or more Members of the DCC;
Field training and back up exercises;
DCC and Members' records management functions;
The orderly transmittal of inquiries regarding the handling of specific matters by the
DCC.
Obtaining and preparing recommendations concerning operational input from the
Executive Director of the DCC and the Members' public safety departments
The Operations Committee shall have the following powers and duties:
a. Be the personal contact at each Member's law enforcement or fire /EMS department for
the Executive Director for daily procedural and operational issues;
b. Provide liaison to the DCC Executive Director in the coordination and preparation of
unified procedures and policies;
c. Be a resource for the Executive Committee in researching special topics of interest;
d. Forward comments and inquiries on the operation of the DCC from their respective
agencies to the Executive Director after initial local review and screening;
f. Coordinate field training and back -up exercises;
g. Perform any other duties as required by the Executive Committee.
8.3 Voting by Committee Members
It is expected that decisions and recommendations of the Operations Committee shall be made
by consensus, but where consensus does not exist, the following procedure shall apply:
a. Each Member of the DCC shall have a maximum of two votes on the Operations
Committee one from the law enforcement agency and one from the fire agency of
that Member. A Member that operates a joint law enforcement or fire agency with
another Member shall continue to have a voting seat on the Operations Committee
for each joint agency. A Member that has only a law enforcement agency or fire
agency is entitled to one vote. The Dakota County EMS Council shall have one vote
on the Operations Committee. Votes shall be cast by the representative of each
agency (or by his /her designated alternate, if such representative is absent) as the
official representative to the Operations Committee.
b. No proxy votes or absentee voting shall be permitted except as otherwise provided
in the Bylaws of the Executive Committee.
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c. Membership and voting on subcommittees established by the Operations Committee
shall be as required by the Bylaws of the Committee or the resolution of the
Committee that establishes the subcommittee. Each Member that maintains a law
enforcement agency individually or jointly with another Member shall have one
representative and one vote on the Law Enforcement Subcommittee. Each Member
that maintains a fire agency individually or Jointly with another Member shall have
one representative and one vote on the fire agency Subcommittee.
8.4 Meetings and Actions
The Operations Committee shall meet at least six times each year and may schedule additional
meetings as deemed necessary and appropriate by the Membership. The meetings will be
conducted in compliance with any direction provided to the Committee by the Executive
Committee, subject to the policies established by the Board of Directors and the Executive
Committee. Except as otherwise stated in the Bylaws, no action of the Operations Committee
or its subcommittees shall be in effect until approved or ratified by the Executive Committee or,
if deemed necessary by the Executive Committee, until approved or ratified by the Board of
Directors.
Any law enforcement, fire or EMS agency that receives dispatch services from the DCC may
appear before the Operations Committee or its subcommittees to discuss concerns, complaints
or other operational issues concerning the DCC. If the agency is not satisfied with the action or
lack of action taken by the Operations Committee, that agency may appear before the
Executive Committee to discuss the actions or policies of concern. Prior to appearing before the
Executive Committee, the agency shall meet and confer with the Executive Director about the
issues to be discussed with the Executive Committee.
9.1 Recommended Annual Budget
ARTICLE IX
BUDGET
The Executive Director shall prepare a proposed annual operating and capital budget for the
Executive Committee no later than May 1st of each year to allow the Executive Committee
members to consult with their respective governing bodies and prepare a recommended annual
operating and capital budget for consideration by the Board of Directors. An annual operating
and capital budget shall be adopted by the Board of Directors at a regular meeting before
September 1 each year. If the Board fails to adopt a budget by September 1 the budget
from the current year shall be deemed approved for the next year. This requirement to adopt a
budget at a regular meeting of the Board by September I does not apply to the calendar year
in which this Agreement is first executed.
9.2 Distribution of Recommended Budget
No later than May 1st, copies of the proposed operating and capital budget as recommended by
the Executive Director shall be delivered to each Executive Committee Member.
9.3. Review by Executive Committee
Not later than August 1s of each year, the Executive Committee shall review the annual
operating and capital budget as proposed by the Executive Director and make such
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modifications, as it deems proper. Following approval by the Executive Committee, the
proposed operating and capital budget shall be submitted to the Board of Directors for final
approval.
9.4 Allocation of Costs to Members
The cost of the operations and maintenance, and capital projects of the DCC will be shared by
the Members. At the time of approval of the annual operating and capital budget, the Board of
Directors shall fix the cost- sharing charges for all Members and any other participants in the
DCC in amounts sufficient to provide the funds required by the approved annual operating and
capital budget for the following year. Each Member shall take all required actions to authorize
the funds necessary to meet its obligations under the approved annual operating and capital
budget.
From the effective date of this Agreement as defined in Article II until the completion of the first
full calendar year that the DCC is in operation, the allocation of annual operating and capital
budget costs to Members shall be based upon the Cost Allocation Model contained in Table 1 of
Attachment B, which is incorporated into and made a part of this Agreement. When the Board
adopts an operating budget and cost allocation for 2006, it shall also adopt a budget and cost
allocation for 2005 to cover the expenses the DCC has incurred or will incur for the period from
the effective date of this Agreement to December 31, 2005.
After the first full calendar year that the DCC is in operation, the allocation of annual operating
and capital budget costs to Members shall be based on the percentage of the total number of
events processed by the DCC in the previous twelve months that are attributable to that
Member. An event is defined as a computer aided dispatching system (CAD) event (transaction
as logged), a 911 telephone call processed, a ten -digit telephone call for service processed,
and, when the DCC is able to capture this information, the number of data system inquiries
processed by DCC employees. The calculation of the annual operating and capital cost
allocation after commencing operations will be based on the formula in Attachment 6, Table 3,
which is incorporated into and made a part of this Agreement.
During the first five (5) years that the DCC is in operation, the County of Dakota will provide a
cash subsidy toward the operational budget in the amount of $62,500.00 per month based
upon the Allocation of County Subsidy contained in Table 2 of Attachment B. The amount of
the County of Dakota subsidy for twelve months of DCC operation will be $750,000.00. The
County of Dakota is not obligated to provide an operational budget subsidy after the initial five
(5) years of DCC operations.
9.5 Billing and Delinquent Payments
Invoices for the cost sharing charges shall be provided to Members monthly. Any Member
whose charges have not been paid within thirty (30) days after billing shall be assessed interest
on the delinquent payment(s) at a rate determined by the Board of Directors, not to exceed the
maximum authorized by law at the time the payment becomes delinquent. The Directors and
representatives of a Member that is delinquent on such payment shall not be entitled to vote on
any matters coming before the Board of Directors or the Executive Committee until all
delinquent payments and interest have been paid.
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9.6 Expenditure of the Annual Budget.
The Board of Directors and /or the Executive Committee may establish procedures and
limitations as may be necessary to preserve the integrity and purpose of the approved
operating and capital budget. After adoption of the annual operating and capital budget by the
Board of Directors, the Executive Director and the Executive Committee shall make all
expenditures in accordance with such budget. Purchases and /or letting contracts shall be done
in accordance with procedural guidelines established by resolution of the Board of Directors,
consistent with Minnesota law.
The Executive Director shall have the power to transfer funds within the total annual operating
budget in order to meet unanticipated needs or changed situations. The Executive Director
shall not transfer funds within the total annual capital budget or between the operating budget
and capital budget. The Executive Director shall report any transfer of funds within the annual
operating budget to the Board of Directors and the Executive Committee in the Director's next
quarterly report.
9.7 Credit or Payment to Members for Services
The Board of Directors may approve contract payments or cost allocation credits to any
Member that provides services, resources or property to the DCC.
ARTICLE X
AUDIT
The Board of Directors shall call for an annual audit of the financial affairs of the DCC, to be
performed by an independent Certified Public Accountant retained by the Board in accordance
with generally accepted auditing principles. A copy of the annual audit report shall be provided
to each Member.
11.1 Termination.
ARTICLE XI
TERMINATION AND DISSOLUTION
This Agreement shall terminate upon the occurrence of any one of the following events:
a. When 4 /5` of the Members agree by non weighted voting, pursuant to a resolution of
their governing bodies, to terminate the Agreement.
b. When necessitated by operation of law or as a result of a decision by a court of
competent jurisdiction.
11.2 Effect of Termination.
Upon the occurrence of one or more of the events in Section 11.1, the DCC shall be terminated
and dissolved in accord with the provisions hereof.
a. Termination shall not discharge any liability incurred by the Board or by the Members
during the term of this Agreement.
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b. Each Member shall be liable for its own acts and for the acts of the Board to the extent
provided by law and this Agreement.
c. Property that is owned by the DCC at the time of termination, including any surplus
money, shall be divided among the units of government that are Members of the DCC at
the time of termination, in proportion to their average respective regular and special
assessment payments toward the operating and capital budgets for the preceding three
(3) fiscal years. If liabilities exceed all assets, the difference shall be made up by
contributions from all Members on a proportionate basis according to the then prevailing
annual budget assessment formula.
d. The Board shall approve a final report of its activities and affairs prior to dissolution of
the DCC.
e. Upon such termination and dissolution, and after payment of all debts, all files and
documentation shall be distributed to the Member community that has jurisdiction of the
subject matter of the file or documentation without charge or offset. Records of the
DCC shall be retained by the County of Dakota consistent with its current document
retention schedules.
f. Equipment and property that is owned by an individual Member or Members that is
being used by the DCC at the time of termination shall be returned to the owner(s) upon
termination and dissolution of the DCC.
ARTICLE XII
WITHDRAWAL OF A MEMBER
At any time after the Initial Term of this Agreement, any Member may withdraw from the DCC
subject to the provisions of this Article.
a. Such withdrawing Member shall give written notice before July 1 of any year and at
least 18 months prior to the intended date of withdrawal, in the form of a certified copy
of a resolution passed by its governing body, a copy of which must be mailed or
delivered to the Executive Director of the DCC and the Chairs of the Executive
Committee and Board of Directors.
b. Sixty (60) days notice provided by the Executive Director or the Board of Directors to
any Member of its nonpayment of cost allocation fees as set forth herein, and /or the
refusal or declination of any Member to be bound by any obligation of the DCC, shall
also constitute notice of withdrawal of such Member, and if the Member fails to cure
.nonpayment or refuses to comply with an obligation within the Sixty days (60),
withdrawal of that Member from the DCC shall become effective on the Sixty First day
after mailing of said notice. The Force Majeure provisions of Article XV apply to a non-
payment of charges and fees and the refusal or declination of a Member to act.
c. Withdrawal of a Member shall also constitute withdrawal of its representatives to the
Board of Directors, the Executive Committee and the Operations Committee and
subcommittees.
d. The withdrawing Member shall forfeit any and all interest, right and title to DCC property
and assets of any type whatsoever.
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e. The withdrawing Member shall be liable for all costs incurred by the DCC as a result of
the Member's separation and withdrawal. This may include, but is not necessarily limited
to, legal fees, court costs and interest -on late payment of obligations.
f. The withdrawing Member shall continue to be responsible for:
1. One hundred (100 percent of that Member's pro rata share of the operating costs
of the DCC that are incurred up to the date of withdrawal, and One hundred (100
percent of that Member's pro rata share of any capital debts, liabilities or obligations
of the DCC that were incurred prior to the date of providing notice of intent to
withdraw and are due and payable before the effective date of withdrawal.
2. For any contractual obligations it has separately entered into with the DCC.
13.1 Insurance and Limitations on Liability
13.2 Third Parry Action Against a Member
13.3 Third Party Action Against the DCC
ARTICLE XIII
INSURANCE AND INDEMNIFICATION
The DCC shall purchase insurance for the operation, equipment and facilities of the DCC and
workers compensation insurance for DCC employees, as the Board of Directors or Executive
Committee deems necessary. Such insurance shall name each Member as an additional
insured, and may name other entities that purchase communications services from the DCC as
additional insureds if deemed appropriate. By purchasing insurance the Members do not intend
to waive, and shall not be interpreted to constitute a waiver by any Member of limitations on
liability or immunities provided by any applicable Minnesota law, including Minnesota Statutes,
Chapter 466.
If the DCC incurs a legal liability that is not covered by insurance, is within its statutory liability
limitations and to which no liability exemption or immunity applies, that liability shall be paid by
contributions from all Members on a proportionate basis according to the then prevailing annual
operating budget assessment formula. If the Board of Directors incorporates the DCC as a
nonprofit corporation, the Members shall collectively be responsible for any liability not covered
by insurance only to the extent required by law.
Each Member that is subject to a claim of any nature commenced by a person or entity that is
not a Member of the DCC, which arises as a consequence of the acts or omissions of such
Member's personnel in responding to, or providing emergency services pursuant to a dispatch
by the DCC shall, at such Member's sole expense, indemnify and save free and harmless any
other Member, and its officers, employees and agents from any cost, expense, attorney fees,
judgment or liability of any nature when any other Member is subject to the same claim solely
as a consequence of such other Member being a Member of the DCC.
In the event the DCC and /or its Directors, officers, employees and agents are subject to a claim
of any nature which arises as a consequence of the acts or omissions of Member's personnel in
responding to or providing emergency services pursuant to a dispatch by the DCC, such
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Member shall at its sole expense, indemnify and save free and harmless from any cost,
expense, attorney fees, judgments or liability of any nature the DCC and /or its officers,
Directors employees and agents unless it is determined that the officers, Directors, employees
and /or agents of the DCC acted in a negligent or intentionally wrongful manner in connection
with dispatching the personnel of the Member.
13.4 Member Action Against the DCC
In the event that any Member should file suit or an action against the DCC, all representatives
of that Member shall be prohibited from attending any meetings or discussions or having access
to the results of such meetings related to the defense of the suit or action. The Member's
representatives shall have no direct access to any written communication concerning the matter
except by legal process, and no representative of the Member shall be allowed to vote on any
issue related to the suit or action.
ARTICLE XIV
RESOLUTION OF DISPUTES
The Members agree to engage in good faith efforts to resolve any disputes that arise over the
establishment, operation or maintenance of the DCC. Members that have concerns about the
operations of the DCC may appear at meetings of the Operations Committee, Executive
Committee and Board of Directors to discuss issues of concern.
ARTICLE XV
FORCE MAJEURE
A Member shall not be liable to the DCC or another Member for the failure to perform an
obligation under this Agreement due to unforeseeable acts or events outside the defaulting
party's reasonable control, providing the defaulting Member gives notice to the Board of
Directors and Executive Committee as soon as possible. Acts and events may include acts of
God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural
disasters.
ARTICLE XVI
MISCELLANEOUS PROVISIONS
16.1 Entire Agreement This Agreement shall supersede all prior oral or written statements,
agreements and understandings between or among the parties hereto with respect to
the establishment and operation of a county -wide public safety communications center.
16.2 Attorneys' Fees: In the event of litigation relating to the Agreement, the prevailing party
(e.g. the party whose position is substantially upheld) shall be entitled to recover from
the losing party any costs or reasonable attorney's fees incurred by the prevailing party
in connection with such litigation.
16.3 Severabi/ity. If any provision of this Agreement shall be held to be invalid by a court of
competent jurisdiction, the remaining terms of this Agreement to the extent not
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inconsistent with any such holding, shall not be affected thereby if such remaining terms
would then continue to conform with the requirements of applicable laws.
16.4 Counterparts This Agreement may be executed in one or more counterparts, each of
which shall be deemed to be an original, but all of which together shall be deemed to
constitute one and the same agreement.
163 Waiver Any right or remedy that a party may have under this Agreement may be
waived in writing by such party without the execution of a new or supplementary
agreement, but any such waiver shall not affect the future exercise of the rights of such
party hereunder (to the extent not previously waived in writing) or any other rights of
the parties not specifically waived. No waiver of any right or remedy by any party at
any one time shall be deemed to be a waiver of any such right or remedy in the future.
16.6 Amendments, Modifications This Agreement may be amended or modified only by a
written document, duly executed by all parties that are Members of the DCC on the date
the amendment is executed.
16.7 Section Headings The descriptive headings of the articles, sections and subsections of
this Agreement are for convenience only and shall not affect the meaning or
construction of any of the provisions hereof.
16.8 Governing Law The respective rights, obligations and remedies of the parties under
this Agreement and the interpretation thereof shall be governed by the laws of the State
of Minnesota which pertain to agreements made and to be performed in the State of
Minnesota.
16.9 Binding Effect This Agreement shall be binding upon and shall inure to the benefit of
the parties hereto.
16.10 Further Assurances Each party hereto shall from time to time execute, acknowledge
and deliver such further instruments and perform such additional acts at no cost to such
party as the other party may reasonably request to further effectuate or confirm the
intent of this Agreement.
16.11 Good Faith: In exercising its rights and fulfilling its obligations hereunder, each party
shall act in good faith. Each party acknowledges that this Agreement contemplates
cooperation between and among the parties.
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IN WITNESS WHEREOF, the undersigned governmental units, by action of their
governing bodies, have caused this Agreement to be executed in accordance with the authority
of Minnesota Statute §471.59.
Approved by the City Council CITY OF APPLE VALLEY
Date
By
Date of Signature
Attest
Date of Signature
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Approved by the City Council CITY OF BURNSVILLE
Date
By
Date of Signature
Attest
Date of Signature
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Approved by the City Council CITY OF FARMINGTON
Date
By
Date of Signature
Attest
Date of Signature
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If you have further questions please phone the Code Enforcement Office at
o 2 th 0 62
Apprrv 33 Gty Council CITY OF HASTINGS
Date.
Please. take care of the violation(s) ,prior to the next re- inspection. so that
n ryry
is necessa
days. Thank you for your cooperat'iorfin t
Attest
Sincerely Date of Signature
Charlie O'Brien
Code Enforcement Official
City of Rosemount
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Dakota Communications Center JPA
Approved by the City Council CITY OF INVER GROVE HEIGHTS
Date
By
Date of Signature
Attest
Date of Signature
Page 25 of 33
Dakota Communications Center JPA
Approved by the City Council CITY OF LAKEVILLE
Date
By
Date of Signature
Attest
Date of Signature
Page 26 of 33
Dakota Communications Center JPA
Approved by the City Council CITY OF MENDOTA HEIGHTS
Date
By
Date of Signature
Attest
Date of Signature
Page 27 of 33
Dakota Communications CenterJPA
Approved by the City Council CITY OF ROSEMOUNT
Date
By
Date of Signature
Attest
Date of Signature
Page 28 of 33
Dakota Communications Center JPA
Approved by the City Council CITY OF SOUTH ST. PAUL
Date
By
Date of Signature
Attest
Date of Signature
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Approved by the City Council CITY OF WEST ST. PAUL
Date
By
Date of Signature
Attest
Date of Signature
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Approved by Dakota County Board COUNTY OF DAKOTA
Resolution No. By
Date of Signature
Dakota County Attorney's Office Approved as to Form (Asst County Atty):
Dakota County Judicial Center
1560 Highway 55 By
Hastings, MN 55033 Date of Signature
651- 438 -4438
Approved as to Execution (Asst County Atty):
Dakota County Joint Dispatch JPA v5 7 -1 -05
By
Date of Signature
Page 31 of 33
Dakota Communications Center JPA
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