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Resolution Approving the Authorization to Execute Joint Powers Agreement with the State of Minnesota and City of Rosemount for Development of Optical Fiber Network 4 ROSEMOUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: June 21, 2011 AGENDA ITEM: Resolution Approving the Authorization to Execute Joint Powers Agreement with the AGENDA SECTION: State of Minnesota and City of Consent Rosemount for Development of Optical Fiber Network PREPARED BY: Jayson Solberg, IT Coordinator AGENDA NO. ta, Jeff May, Finance Director ATTACHMENTS: Resolution and Agreement APPROVED BY: RECOMMENDED ACTION: Motion to adopt a Resolution Approving the Authorization to Execute Joint Powers Agreement with the State of Minnesota and City of Rosemount for Development of Optical Fiber Network SUMMARY The City Council is requested to approve the attached Joint Powers Agreement (JPA) with Dakota County and the State of Minnesota for fiber connectivity connecting the City of Rosemount to the INET. This fiber cable is buried and connected but there has never been anything in writing on who owns and controls the fiber connectivity. The City Attorney has reviewed and approved the JPA. There will be no fiscal impact as the Fiber is already in the ground and the equipment is installed. RECOMMENDATION: Staff recommends that the City Council approve the attached Joint Powers Agreement with Dakota County and the State of Minnesota for the INET connectivity. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2011 A RESOLUTION APPROVING THE AUTHORIZATION TO EXECUTE JOINT POWERS AGREEMENT WITH STATE OF MINNESOTA AND CITY OF ROSEMOUNT FOR DEVELOPMENT OF OPTICAL FIBER NETWORK WHEREAS, the City of Rosemount wishes to develop the use of their optical fiber network to interconnect with Dakota County, and the State of Minnesota MNET fiber networks; and WHEREAS, all of the parties see mutual benefit in jointly cooperating on the development and use of the existing optical fiber infrastructure; and WHEREAS, all of the parties are governmental agencies subject to Minn. Stat. 471.59, which allows two or more governmental units to enter into an agreement to cooperatively exercise any power common to the contracting parties or any similar powers, and one of the participating government units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, the County Attorney's Office has reviewed and approved the joint powers agreement as drafted. NOW, THEREFORE, BE IT RESOLVED, That the City Council of the City of Rosemount hereby authorizes the Mayor to execute a joint powers agreement on behalf of the City of Rosemount for the shared use of portions of a fiber optic infrastructure (I -Net). ADOPTED this 21st day of June, 2011 by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk Joint Powers Agreement No. B50322 JOINT POWERS AGREEMENT FOR DEVELOPMENT OF OPTICAL FIBER NETWORK This agreement is between the State of Minnesota, acting through its Office of Enterprise Technology "State the Dakota County "County"), and the City of Rosemount "City") collectively referred to as the "Parties." The Parties are governmental units of the State of Minnesota. 1. General Purpose Under Minn. Stat. 471.59, subd. 10, 16E.01 and 16E.03, the State is empowered to enter into agreements for the joint exercise of powers with other governmental units and to engage such assistance as deemed necessary for the provision of information technology and telecommunications services. The State currently provides fiber based service to the Rosemount Police Department and needs a fiber optic connection from the Armory in Rosemount to a State switch located at the Rosemount City Hall. The County needs a fiber connection from City Hall to the Dakota Communications Center, the Rosemount Library and other locations. The City needs a fiber connection from City Hall to the Robert Trail Library. To accomplish these connections, a combination of existing City and County owned fiber can be used as shown in Attachment A and incorporated herein. 2. Term of Agreement The term of this Agreement shall commence on the Effective date of November 1, 2010, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later, and shall remain in full force and effect until the Expiration date of Twenty years after the Effective Date, or unless terminated by the Parties as provided in this Agreement, whichever occurs first. 3. Agreement between the Parties The intended use for each segment of the network is to enable the parties to construct and manage fiber optic communications networks for the purpose of delivering communications services among their respective institutional sites as more fully described below. 3.1 City will: Own an Indefeasible Right to Use (IRU) from the County for one pair of fibers from the Robert Trail Library to handhole B near City Hall. This fiber may be used by the City for a future connection to the Rosemount Steeple Center. Any costs associated with making this connection will be borne by the City. Grant the County an IRU for four (4) pairs of City fiber from City Hall to handhole B near City Hall. Grant the State an IRU for two (2) pairs of fibers from the Community Center /Armory to Handhole A. Please see "Attachment A 3.2 County will: Own an IRU from the City for four (4) pairs of City fiber from Handhole B to City Hall. Grant an IRU to the City for one pair of fibers from the Robert Trail Library to Handhole B near City Hall. Please see "Attachment A 3.3 State will: Own an IRU from the City for two pairs of City fibers from the Community Center /Armory to Handhole A. Please see "Attachment A Rosemount JPA v6 1 Joint Powers Agreement No. B50322 4. Payment Unless expressly provided in this Agreement, each Party will bear its own costs and there are no cost reimbursements or payments from a Party to any other Party under this Agreement. 5. Network Development, Design, Operation And Management The State will design the Network and install and manage the electronic devices needed to make the network operational. The parties shall use all reasonable efforts to maintain their respective associated fiber facilities to enable the Network to remain fully functional. 6. Liaisons To assist the Parties in the day -to -day performance of this Agreement and to ensure compliance with the specifications and provide ongoing consultation, liaisons shall be designated by the Parties. The Parties shall inform the others, in writing, of any change in the designated liaison. At the time of execution of this Agreement the following persons are the designated liaisons: The State's Liaison is: Jim E. Johnson Director of Network and Telecommunications Services Minnesota Office of Enterprise Technology 658 Cedar St St Paul, Minnesota 55155 651.296.6345 The County's Liaison is: David Asp Fiber Administrator Dakota County 1590 Hwy 55 Hastings, MN 55033 651- 438 -4271 The City's Liaison is: Jayson Solberg IT Coordinator City of Rosemount Finance Department 2875 145th Street West Rosemount, MN 55068 -4997 651 -322 -2005 7. Assignment, Amendments, Waiver, and Contract Complete 7.1 Assignment. No Party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other Parties and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. Rosemount !PA v6 2 Joint Powers Agreement No. B50322 7.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7.3 Waiver. If any Party fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. 7.4 Contract Complete. This Agreement contains all negotiations and agreements between the Parties. No other understanding regarding this Agreement, whether written or oral, may be used to bind any party. 8. Liability and Insurance Each Party to this Agreement shall be liable for its own acts or omissions and those of its own employees and the results thereof to the extent authorized by law, and shall not be responsible for the acts of the other Party, its agents or employees. It is understood and agreed that liability and damages arising from the parties' acts and omissions are governed by the provisions of the municipal Tort Claims Act, Minn. Stat. Ch. 466, the Minnesota Tort Claims Act, Minn. Stat. §3.736, as applicable, and other applicable laws. Each Party warrants that it is able to comply with the aforementioned liability and insurance requirements through an insurance or self insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466 or Minn. Stat. §3.736, as applicable. This agreement shall not be construed as and does not constitute a waiver by any Party of any conditions, exclusions or limitations on the Party's liability provided by Minnesota Statutes, Chapter 466, Minnesota Statutes 3.736 or other applicable law. This clause will not be construed to bar any legal remedies that each party may have for another's failure to fulfill its obligations under this Agreement. 9. State Audits Under Minn. Stat. 16C.05, subd. 5, each Party's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and /or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 10. Government Data Practices The Parties must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by each Party under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by any Party under this Agreement. The civil remedies of Minn. Stat. 13.08 apply to the release of the data referred to in this clause by any Party. If any Party receives a request to release data referred to in this Clause that was received by the Party receiving the request from another Party, the Party receiving the request to release the data must immediately notify the Party from whom the data originated. The originating Party will give the Party receiving the request to release the data instructions concerning the release of the data to the requesting party before the data is released. Rosemount JPA v6 3 Joint Powers Agreement No. B50322 11. Venue Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate court of competent jurisdiction in Ramsey County or Dakota County, Minnesota. 12. Termination 12.1 Termination. This Agreement may be terminated by any Party, with or without cause, at any time after two (2) years after the Effective Date upon 180 days written notice of intent to terminate to the other Parties. 12.2 Termination for Insufficient Funding. Any Party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the other Parties. A Party is not obligated to pay for any services that are provided after notice and effective date of termination. A Party will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. A Party must provide the other Parties notice of the lack of funding within a reasonable time of the Party's receiving that notice. 12.3 Ownership. At the end of the term of this Agreement or upon its termination the parties will continue to own all sections of fiber optic cable that they presently own or as granted pursuant to this agreement, and the State will own the electronic devices it installed pursuant to this Agreement. 13. Miscellaneous Provisions Subject to Section 7.2, this Agreement may be amended by written consent of all Parties. The addition of a new Party to this Agreement shall require a written amendment approved by all Parties. Should any provision of this Agreement be found unlawful, the other provisions of this Agreement shall remain in full force and effect if by doing so the purposes of this Agreement, taken as a whole, can be made operative. Should any such provision or article be found unlawful, representatives of the Parties shall meet for the purpose of arriving at an agreement on a lawful provision to replace the unlawful provision or article. The newly agreed upon provision or amendment must be approved by the governing body of each Party. The State of Minnesota, acting through its Office of Enterprise Technology, Dakota County, and the City of Rosemount hereby grant each other mutual continuing Licenses for access to their respective property as reasonably needed from time to time, for the installation, maintenance and repair of the Network, which Licenses shall remain in effect for the duration of this Agreement. To the extent practicable, advance notice will be given and mutually convenient arrangements for such access shall be made, and all relevant safety and security policies and procedures of the party to whose property access is being granted shall be followed by the Party, or the Party's employees or agents, being granted access. The Parties shall abide by all Federal, State and local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this Agreement and to the facilities, programs and staff for which each Party is responsible. 14. Execution in Counterparts. This Agreement may be executed in any number of counterparts and by the parties hereto on separate counterparts, each of which counterparts when so executed and delivered shall be deemed to be an original, and all of which counterparts when taken together shall constitute but one and the same Agreement. Rosemount JPA v6 4 Joint Powers Agreement No. B50322 IN WITNESS WHEREOF, the undersigned governmental units have caused this Agreement to be executed by its duly authorized officers. OFFICE OF ENTERPRISE TECHNOLOGY By: Print Name: Title: Date: COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By: Date: STATE ENCUMBERANCE VERIFICATION individual certifies Mai fiords have been encumbered as required by Minn. Stat. 164.15 and 16C.05 THIS IS AN OET "NO COST" CONTRACT JPA ENTERED 1 TO MAPS 10/27/10 Signed: �Q I}- Date: iO)a i is CFMS Contract No. B50322 DAKOT: is TY Approved by DAKOTA County Board By: 1 t Resolution f O "L'f 6 Title: ML-44%. 1` 1111 P pproved as to form: Date: I 4 0 3r /l 0 Assistant County A .mey CITY OF ROSEMOUNT Approved by City Council By: Resolution 1/: Title: Date: Distribution: Agency County City State's Authorized Representative Photo Copy Rosemount .IPA v6 5 Joint Powers Agreement No. 850322 1 Community Center/ Armory A City fiber County fiber Rosemount Steeple Center City fiber Rosemount City Robert Hall 11.11"0 B Trail Library City fiber Attachment A Rosemount JPA v6 6