HomeMy WebLinkAbout6.e. 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