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HomeMy WebLinkAbout6.l. Memorandum of Agreement to Study Public Safety Communication Services in Dakota CountyCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCII. MEETING DATE: September 2, 2003 AGENDA ITEM: Memorandum of Agreement to Study Public Safety AGENDA SECTION: Communication Services in Dakota County Consent PREPARED BY: Gary D. Kalstabakken, Chief of Police AGE4 TEM - :# 6 L ATTACHMENTS:. Agreement APPROVED BY Council is asked to approve a Memorandum of Agreement to Study Public :Safety Communication. Services in Dakota County. The purpose of the agreement is to have the public safety agencies within Dakota County cooperatively evaluate radio technology, the Metropolitan Shared Public Safety Radio System and coordination of radio: systems. with surrounding counties.. A study of this type is needed to set the direction for radio communications in Dakota County for the future. At this point, this study is not intended to evaluate the current number of dispatch .centers. in the County. It is only looking at the technology of the available. systems and not at the means to deliver the services. Based upon a proposal received. from a consultant and the formula used to share costs, Rosemount's share will be approximately $861. This cost. estimate is contingent upon all entities listed in the agreement agreeing to the study. If the number of agencies participating changes, costs will change... There is a withdrawal clause in the agreement to allow agencies to withdraw fr om the agreement. City Attorney LeFevere has reviewed this document and advised that it is includes adequate protections for the city. MEMORANDUM OF AGREEMENT TO STUDY PUBLIC SAFETY COMMUNICATION SERVICES IN DAKOTA COUNTY THE PARTIES TO THIS AGREEMENT are units of government responsible for the law enforcement in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statute § 471.59. NOW THEREFORE, the undersigned units of government, in the joint and mutual exercise of their powers, agree as follows: 1. Parties. The parties to this Agreement include the following units of government: City of Apple Valley City of Burnsville City of Eagan City of Farmington City of Hastings City of Inver Grove Heights City of Lakeville City of Mendota Heights City of Rosemount City of South St. Paul City of West St. Paul Dakota County 2. General Purpose The purpose of this agreement is to allow the parties to cooperatively gather information, study options and make recommendations for improvements to public safety communication services within the jurisdiction of the parties. The parties shall review current radio technology, the Metropolitan Shared Public Safety Radio System and radio technology and coordination in other counties. The parties intend to reach agreement on the digital technology to be used for trunked radio communications in Dakota County no later than 2005. The parties agree that the services of one or more consultants will be of assistance in these joint efforts. The parties may engage in investigation and pursuit of funding sources for the work to be completed under this Agreement. 3. Exercise of Powers. To accomplish these purposes, a committee of employees and agents of the parties, referred to as the Dakota County Radio Work Group, shall periodically meet, take actions and makb recommendations authorized by this agreement and deemed appropriate by the parties. Any actions of the Radio Work'Group shall be by at least seven affirmative votes of the parties to this Agreement at any duly called meeting. Each party present is entitled to one vote on any matter that comes before the Radio Work Group. Each year the Radio Work Group shall prepare an annual Work Plan and annual Budget that must be approved by the governing body of each party. For 2003, the annual Work Plan shall consist of the completion of an update to the Radio Communications Plan that was prepared by W.M. Montgomery & Associates in 2001. Subsequent Work Plans will be submitted to the parties for approval. The parties designate Dakota County as the fiscal agent of the Radio Work Group. Dakota County may enter into a contract with one or more consultants to assist the Radio Work Group as authorized by a vote of the parties. The scope of services to be provided by a consultant shall be as authorized by the parties. The parties acknowledge that the rights and obligations of Dakota County under any contracts with consultants are the rights and obligations of all the parties. 4. Responsibility for Costs The parties acknowledge that costs may be incurred for some of the activities of the Radio Work Group, and will be incurred if a consultant is retained to provide expertise and assistance. The parties agree to make pro rata contributions to the costs incurred in proportion to the population of the parties, based upon the 2000 census. The percentage of incurred costs to be paid by each party is as follows, assuming that all of these cities and the county approve and execute this Agreement: City of Apple Valley 12.8% City of Burnsville 16.9% City of Eagan 17.9% City of Farmington 3.5% City of Hastings 5.1% City of Inver Grove Heights 8.4% City of Lakeville 12.1% City of Mendota Heights 3.2% City of Rosemount 4.1% City of South St. Paul 5.7% City of West St. Paul 5.5% Dakota County 4.9% If one or more of the cities do not execute this agreement, the costs incurred by the Radio Work Group shall be paid by the cities that are parties to this agreement, in proportion to their respective populations in the 2000 Census, and excluding from those calculations the population of any cities that fail to execute this Agreement. Each party shall pay its share of costs to Dakota County within 30 days of notification of the amount of the party's obligation. 5. Property Owned by the Parties. Any property, materials or reports purchased with funds contributed by the parties, including works created or provided by any hired consultants, shall be owned by all of the parties and shall be distributed to each party. Cities that are not parties to this Agreement are not entitled to access the professional services purchased under this agreement or participate in Radio Work Group meetings, other than by invitation of the Radio Work Group. 6. Withdrawal. Any member may withdraw from this Agreement by providing at least 30 days written notice of such intent. However, withdrawal is not effective until the withdrawing party has fulfilled all of its financial obligations to the Radib Work Group, including any costs incurred' as of the date of providing notice of intent to withdraw. 7. Effect of Withdrawal. In the event of withdrawal by any party, the remaining parties shall reapportion the percentage of costs based upon the population of the remaining parties. 8. Termination of Agreement. This Agreement terminates upon the earliest occurrence of one of the following: (a) By unanimous consent of all parties that have not previously withdrawn from this Agreement; or (b) When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; or (c) December 31, 2006. 2 10. Disposition of Property. Upon termination of this Agreement, any property shall be disposed and the proceeds, if any, or other excess funds shall be distributed to the current parties at the time of termination in proportion to their respective financial contributions. Any work product or works for hire acquired by the Radio Work Group shall be jointly owned by all current parties at the time of termination and may be used by all parties for their internal and county -wide planning purposes. 11. Effective Date. This Agreement is effective when the last of the parties has signed the Agreement. The parties may sign counterparts, which shall have the effect of signing an original Agreement. The signed counterpart and a copy of the resolution of each party authorizing the execution of this Agreement shall be provided to Dakota County, which shall notify all the parties of the effective date of the Agreement. 13. Access to Records. The books, reports, and records of the Radio Work Group shall be open to inspection by the parties at all reasonable times. 14. Amendments. This Agreement may be amended at any time by agreement of all current parties to the Agreement. Amendments are not effective until approved in writing by all current parties. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Approved as to Form: Assistant County Attorney /Date Approved by Dakota County Board Resolution No. COUNTY OF DAKOTA By Willis Branning Chair of the Board Date of Signature 3 CITY OF ROSEMOUNT By Its Mayor By Its City Clerk 13