Loading...
00-92Council File # � � �'� �� ORIGlNAI. Resolution # Green Sheet # t� � 2'� 3 RESOLUTION C1TY OF SAINT PAUL, MINNESOTA Presented By Referred To 1 2 3 4 5 6 7 8 9 10 Ii 12 13 14 15 16 17 18 19 20 21 a3 Committee: Date WI3EREAS, a Joint Powers Agreement to create the Ramsey County Geographic Information System (GIS) Users Group was negotiated as a three-yeaz agreement in 1997; and WHEREAS, the Ramsey County GIS Users Group enables member municipalities to realize substantial cost savings in the acquisition of needed geographic data; and WHEREAS, the 1997 agreement must now be renewed for the 2000-2002 period; NOW THEREFORE BE IT RESOLVED, by the City Council, that 1. The City of Saint Paul agrees to enter into the attached joint powers agreement with other bodies politic and corporate under the laws of the State of Minnesota, said agreement providing for the formation of the Ramsey County Geographic Information System Users Group for the purposes of undertaking negotiations and transactions with Ramsey County and any other body politic. 2. The proper City officials are hereby authorized and directed to execute the attached joint powers agreement. Requested by Department of: Adoption Certif� By: Approved by Mayor: $Y� � by Council Sec a . l� I/ Plannin & Economi evelo ment By: � Form Approved by City Attorney Zf�� � ' ( jf±� /_ 20. 00 BY= u Approved by Mayor for S,�bm1S ' to Council i By: Adopted by Council: Date �,� � ,- O � � nAmm�.� ao, Pt'enaiQg&Economicvevelopmem 1/14/2�0� GREEN SHEET NO. 101273 men'ncrszssmvavae.m Oi nppnxmmxrnmeaox Oa cuxcomrcu, an r MarkVanderScl�aaf.266-6637 �z c¢rnrrom�r_1���� O rnsc��c ������A��BY�� o ���.� o ���.�� vziz000 0 �„ros��„�,�, O TOTAL # OF SIGNATI7RE PAGES ! (CLIP ALL LOCATIONS FOR SIGNA'PIJRE) cmx�oFS'ffn Approve resolution authon>�no and directing the proper� City olficiaLs tn execute a joint poweis agreement to renew The "Ramsey County Geog[apltic Infoxmation Sys[em Useis Group." xxcoaamaDA'uoeis:a�oae W«nqm� PERSOIVAL SERVICE CONIRACTS M[T5f ANSWER THE FOLIQWING QIIESTiONS= TTncuax�cnxm�¢ota _crvn.seevt�cnEmncvox LHasttisP�oNfi�ev¢wo�edtmdaacon4actfortlilsdepazmient> cmcnn4.m'� _ YES NO 2. Has tivs P��Srm eva6een a cily employee? nrsm�crmUxr _ yES NO sueromswmcacomacv.oagccm�x 3. Does4aspe�odfimmpossess a sidllnotao�ally possesedby auy ca¢ent ciry employee? YES NO (EBplain alI yes saswers on sepante sheet and atfsch to green sheet) s�mnm+�snos�.us�z.oseonxcnmv(vnww n.w�.wn�.wM7 Tlus joint powers agreement was origi�ally negotiated in 1997 as a Uuee-yeaz agreement for the purposes of sh.a�ng geographic data costs among local units of govemcnent, special putpose govemment units, loca! agencies, and the Ramsey Soil & Watei Consecvation District. The joint powers agreement is now being renewed for a second thtee-year penod. ADV Al�'fAGE$P AYPROVED: SubstanTial cost savings in Ute putchase of aerial photography and physical features data. Free, unlimited CiTy access to monthly eatracts of Rarnsey County parcel da[a. Gceater County responsiveness to municipalities in the counry ralaliva to the sharing of geogcaphic data. DISADVANtACaFSIFAY4A6VE� None. V�EYtiC«1 �a�'S&e%-'liY1"} �vwi�R��� ea���i 6a � 68�U97 DY4ADVANPn6E30PNOS AYPRDVED The Cily would incur subs4vilial costs in purcha�'"o needed aerial photography and physical featutes data without pathiers. Costly access by City to Ramsey Gounly patcel data. Less County tesponsiveness to municipalities inthe cowriy ielative to the shazing of geogcaphic data. TtlPALAMOTII"IOFIRANSA ��` � Z's= COSI/REVEN�ESTIDC+EI�(CRtCLEONL� �YES � NO General Fund � Te Z n i ti a ti v e R ecurr i ng Costs A � y �� 01119 �w�,cw��*+A��„�, The data derived from this Joint PowersAgreement is considered to be a I component of the City's basic electronic information foundation. Consistent with past ractices fundin for this data will come from the Technolo Recurrin Cost A ti"it i I. ✓ JOINT POWERS AGREEMENT AMONG 00 -q�- MEMBERS OF THE' RAMSEY COUNTY GEOGRAPHIC INFORMATIONSYSTEMS USERS GROUP This JOINT POWERS AGREEMENT (Agreement), which shall have an effective date of January 1, 2000, is entered into pursuant to the provisions ofMinnesota Statutes Section 471.59 between The City of Saint Paul body politic and corporate under the laws ofthe State of Minnesota and other bodies politic and corporate under the laws of the State of Minnesota for the purposes of fozming the Ramsey County Geographic Information System Users Group hereinafter referred to as the "Users Group". ARTICLE I. INTENT OF THIS AGREEMENT: In 1995, an alliance was formed between public agencies interested in using Geographic Information Systems (GIS) and data created and maintained by Ramsey County. This agreement is intended to enable those parties who are part of the LTsers :raup to �e represented by the Users Group for the purposes of undertaking negotiations and transactions with Ramsey County and any other body politic. ARTICLE II. DEFINITION5: Section 1. Members aze deemed to be those local units of government, special purpose government units, local agencies and the Ramsey Soil & Water Conservation District who have executed this Joint Powers Agreement and have paid fees as provided in Article X. Section 2. Paying Affiliates are those county, regional, state and federal agencies, local government organizations with regional jurisdiction, local govemment cooperative arganizations, non-profit organizations and educational institutions with direct or indirect involvement in GIS aetivities who haue paid fees as provided in Article X. Paying Affiliate membership must be approved by the Boazd. Paying Affiliates are non-voting parkicipants and are not eligible to serve on the Boazd. Section 3. Non-Paying Affiliates are those representatives of county, regional, state and federal agencies, local government orgauizations with regional jurisdiction, local government cooperative organizations, non-profit organizations and educaflonal institurions with direct or indirect involvement in GIS activities. Private sector entities who are contracted to perform GIS-related tasks for a Member can also join as a Non-Paying Affiliate. Regulaz Affiliate membership must be approved by the Board. Non-Paying Affiliates aze non-voting participants are not eligible to serve on the Boazd, do not pay membership or fees as described in Article X, and are not entitied to data access and exchange detailed in this agreement. Page One Do-qa AT2TICLE III. USER GROUP STRUCTURE: Section 1. The Users Group will be governed and managed by a Board of Directors ("Board"). Section 2. One Director will represent each Member organization. Each Member organization shall appoint one Director and an altemate to serve on the Board. Section 3. The Board shall also have the following o�cers: a Chair, Vice Chair, Secretary and Treasurer. Section 4. These officers are elected annually by the Board. Section 5. These officers aze undertaken on a voluntary basis without pay. Section 6. A quorum will consist of at least a one-half attendance of full membership of the Boazd. Section 7. Decisions will be made by majoriTy of the quorum. ARTICLE IV. DUTIES OF THE BOARD OF DIRECTORS: Section I. The Board shall meet at least two times per year. Section 2. The Boazd shall conduct an organizational meeting no later than 30 days after the effective date of this Agreement. The meeting will be called for the purposes of electing the officer positions of Chair, Vice Chair, Secretary and Treasurer. This meeting will allow the adoption of by-(aws and other procedures governing the conduct of its meetings and its business as it deems approptiate. This meeting will also be called by the Board to determine the User Group Budget, review the operating procedures within this Agreement, and approve agreements with Ramsey County for the purposes of GIS data exchange, data access, data delivery and the updating of physical features. Section 3. The Board shall approve and adopt the formula for the distribution of costs associated with access to Ramsey County GIS data and for the updating of physical features. This formula shall be reviewed annually by the Board. Section 4. The Boazd shall arrange for and facilitate regular meetings of the User Group and for User Group activities. Section 5. The Chair presides at meetings of the Board. The V ice Chair will preside in the absence of the Chair. The Secretary is responsibie for recording the proceedings of the Board and communicating these proceedings to all Member organizations. The Treasurer is responsible for the funds and financial records of the Board. Section 6. The Chair and the Treasurer must sign vouchers or orders disbursing funds of the Users Group. Disbursement will be made in the method prescribed by law for statutory cities. Section 7. The Board may take such actions as it deems necessary and convenient to accomplish the general purposes of this Agreement. 5ection 8.The Boazd shall purchase liability insurance on behalf of the Users Group to insure against liability of the L3sers Group and its constituent Members. Section 9. The Boazd may: (i) enter into contracts to carry out its powers and duties, in full compliance with any competitive bidding requirements imposed by State or local law. (ii) provide for the prosecution, defense, or other paRicipation in proceedings at law or in equity in which it may have an interest; (iii) employ such persons as it deems necessary on a part-time, full-time or consultancy basis; (iv) purchase, hold or dispose of real and personal properry; (v) contract for space, commodities or personal seroices with a Member or group of Members; (vi) accept gifts, apply for and use grants or loans of money or other property from the state, the United States of America, and from other government units and may enter into agreements in connecfion therewith and hold, use and dispose of such money or property in accordance with the terms of the gift, grant, loan or agreement relating thereto. (vii) appoint a fiscal agent; Page Two ARTICLE V. NEW MEMBERS: � a ��� Section 1. Those units of govemment who aze not part of this-i��ial Agreement may join as Members of the Users Group at any time. Section 2. To become a Member, a local unit of government shall adopt a resolution and shall sign the current Agreement. Section 3. The New Members and Paying Affiliates will pay the current one-time membership fee and the data exchange fee due for the year in which the new Member is joining as set by the Boazd in Article IV, Section 4, as calculated by the current formula. Fees wili not be pro-rated for new Members who join after 7anuary 1 of each year. ARTICLE VI. GIS DATA TO BE SUPPLIED BY RAMSEY COUNTY: Section 1. It is the intent of this Agreement that the Users Group will negotiate an agreement with Ramsey Courity for the exchange of County GIS Data with Members and Paying Affiliates at a preferential fee structure. A component of the fees will apply to the maintenance of digital physical features from aerial photography captured Countgwide on a three yeaz basis. Section 2. The GIS Data should consist of the following components: (i) The Ramsey County Digital Base Map as generated and maintained by the Department of Public Works. (ii) The Ramsey CounTy Amibute Data Base as generated and maintained by the Deparhnent of Property Records and Revenue. (iii) The Physical Features File as generated and maintained by the Department of Public Works. Section 3. The Boazd will negotiate on behalf ofthe Members and Paying Affiliates for the cost and niethod ofaccess to this data. Prior to each annual payment to Ramsey County, the Board shall determine whether it is satisfied with the content, accuracy and timeliness of the data provided to date and make a determination if further payment shali be made. ARTICLE VII. GIS DATA TO BE EXCIIANGED AS PART OF TAIS AGREEMENT: Section 1. Members agree to exchange any GIS data with Ramsey County and with any requesting MemUer for the requesting parties own use where that GIS data has been in some way derived and developed from the County GIS Data as a result of this Agreement or future agreements between the Users Group and Ramsey County. Members agree to exchange with Ramsey County and with any other Member, any amibute data that it has created and maintained where that data can be associated to a parcel using a parcel identifier. Members also agree to exchange any building permit data deemed by Ramsey County as necessary for the identification of future physical feature data base updates. Section 2. The Board will negotiate with Ramsey County on behalf of the Members in all matters deemed necessary relating to supply of GIS data generated by a Member. Section 3. Any costs associated with a Member supplying data to Ramsey County or to any other Member shall be for access and delivery of that data only and not for any costs associated with the development of that data. ARTICLE V1II. DATA ACCESS AND USAGE: Section 1. All Members and Paying Affiliates shall have equal rights to access Ramsey County GIS Data. Section 2. Data generated by Ramsey County and provided to Members and Paying Affiliates may not be sold in its original form to third party agencies. However, a Member or Paying Affiliate may allow use of the original data by a third parry for specific contracted purposes. Data generated by Members or Paying Affiliates and provided to Ramsey County may not be sold by Ramsey County in its origina] form to third party agencies. However, Ramsey CounTy may allow use of the original data by a third party for specific contracted putposes. Section 3. Data which resuks from enhancement by a Member or Paying Affiliate of Ramsey County GIS Data, received pursuant to this Agreement, may be sold or exchanged to a third party. Section 4. AIl Members and Paying Affiliates will adhere to future Users Group license agreements for County or other agency GIS data. Page Three Da 4�� ARTICLE IX. DATA SEC[JRITY: All Members and Paying Affiliates of the Users Group agree to abide by the data privacy and data security standards of the supplying agency when using data made available by that agency. ARTICLE X. FINANCIAL MATTERS: Section 1. The fiscal year of the Users Group is the calendat yeaz. Section 2. The Boazd shall adopt an initial budget and must thereafter adopt an annuai budget prior to July 1 of each year for each succeeding yeaz. The Boazd wili give an opportunity to each Member to comment or object to the proposed budget before adoption. Notice of the adopted budget must be mailed promptly thereafter to the chief administrative officer of each Member organization. Section 3. Operational costs shall be shazed according to a method agreed upon by majority decision of the Boazd of Directors. The costs could be met by membership fees. These costs could include Users Group administrative costs, purchase of liability insurance and others as appropriate. Section 4. Membership Fee: New Members and new Paying A�liates shall pay a one-time membership fee of $500 to the LTsers Crroup for the calendaz yeaz 2000. The amount of this fee shall be reviewed and set annually by the Board of Directors for new Members and new Paying Affiliates. Section 5. Aata Access and Physical Features Maintenance Fee: Members and Paying Affiliates shall commit to a three-year payment of data access and physical features maintenance fees, except where a one-yeaz limitation is imposed by State Statutes. Ramsey County will charge the Users Crroup on an annual basis for unlimited access to the Ramsey County GIS Data. This fee will be paid to Ramsey County by the Users Group on behalf of the Members and Paying Affiliates on an annual basis. The amount to be paid by each Member and Paying Affiliates will be determined by the Board and will be reviewed annually. Section 6. Special Projects Assessments: Members and Paying Affiliates who wish to enter into speciai projects and consultations shall present proposals to the Board for review. Examples of special projects could be cooperative training or consortium purchase of software. Upon approval by the Boazd, those Members and Paying Affiliates who are part of the project will be assessed to meet the cost of the project. Secrion 7. Billings to the Members and Paying Affiliates are due and payable no later than 60 days after the receipt of the annual invoice. In the event of a dispute as to the amount of a billing, a Member or Paying �liate must nevertheless make payment as billed to preserve membership status. The Member or Paying Affiliate may make payment subject to its right to dispute the bill and exercise any remedies available to It. Failure to pay a biiling within 60 days results in suspension of voting privileges of the Member Director . Failure to pay a biliing within 120 days is grounds for termination of inembership, but the Users Cnoup rights to receive payment aze not affected by the terxnination of inembership. ARTICLE XI. TERM Section 1. This Agreement sha11 be in force through December 31, 2002, or until superseded by another agreement. Section 2. Based on the annual review of the operating procedures within the Agreement conducted by the Board, a new Agreement will be developed and circulated at least three months prior to December 31, 2002 and be agreed upon and signed on or before December 31, 2002. Page Four- ARTICLE XIL TERMINATION: Ao -°� a' Each Member or Paying �liate shall have the right to terminate its membership and participation in the Users Group with or without cause by formal resolution of the Member's or Paying Affiliate's organization and communicated to the Boazd in writing. However, the Member or Paying A�liate is still obligated to its fmancial commitments for the year during which ternunation of inembership occurs. These commitments include: (i) any balance of the Data Access(Physical Features Maintenance Fee. This commitment applies to all Members and Paying Affiliates. (ii) any balance owing on Special Projects Assessments. Ttris commitment applies to Members and Paying Affiliates which have entered into any special project agreement(s). . Terminafion of inembership prior to expirarion of the Agreement shall make a local unit of government ineligible to re join as a Member or Paying AfFiliate under the current Agreement. ARTICLE XIII. DISSOLUTION: Section l. The Users Group may be dissolved by a two-thirds vote of its Members in good standing. Dissolution is mandatary when the Secretary has received certified copies ofresolutions adopted by the governing bodies of the required Members requesting dissolution of the Users Group. Section 2. In the event of a dissolution, the Board must determine the measures necessary to effect the dissolution and must provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this agreement and law. Section 3. In the event of dissolution, following the payment of all outstanding obligations, assets of the Users Group will be distributed among the then existing Members and Paying Affiliates in direct proportion to their cumulative annual contributions. If those obligations exceed the assets of the Users Group, the net deficit of the Users Group wiil be charged to and paid by the then existing Members and Paying Affiliates in direct proportion to their cumulative annual contributions. ARTICLE XIV. ACCESS TO AOCUMENTS: Until the expiration of three years after this Agreement terminates, the Users Group shall make available to the Member organizations and to the State Auditor, a copy of this Agreement and books, documents, accounting procedures and practices of the Users Group relzting to this Agreement. ARTICLE XV. HOLA HARMLESS: 5ection 1. Each Member or Paying Affiliate agrees to defend, indemnify and hold the other Members or Paying Affiliates hazmless from any claims, demands, actions or causes of action, including reasonable attorneys fees, against or incurred by such other Members or Paying Affiliates, arising out of any act or omission on the part of the indemnifying Member or Paying Affiliate or any of its agents, servants or employees in the performance of or with relation to any of the work or services provided by Members or Paying Affiliates under the terms of this Agreement. Secfion 2. Nothing in this Agreement shali constitute a waiver by either Members or Paying Affiliates or the Users Group of any limitafion of liability under Minnesota Statutes Chapter 466. Page Five Q O -q a. SECTION XVI. EQUAL EMPLOYMENT OPPORTUNITY: Section L The Members and Paying Affiliates and the Users Group agree to comply with a11 federal, state and local laws, resolutions, ordinances, rules, regularions and executive orders pertaining to unlawful discri.mivarion on account of race, color, creed, religion, national origin, sex, sexual preference, marital status, status with regazd to public assistance, disability or age. Section 2. When required by 1aw and requested by the other party, the Users Group shall furnish a written afiirmative action p1an to the Members and Paying Affiliates_ SECTION XVII. DATA PRACTICES: Section 1. All data collected, created, received, maintained or disseminated for any purpose in the course of either the Member's or Paying �liate's or the Users Group's performance of tivs Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and rules adopted to implement the Act. Section 2. The Members and Paying Affiliates and the Users Group agree to abide strictly by these statutes, rules and regulauons. Page Six O b -' IN WITNESS WHEREOF, the parties hereto Y�ave executed this Agreement the day and year first above wiitten. CTTY OF SAINT PAUL, MIlVNESOTA By: Norm Coleman, Mayor By: Joseph M. Reid, Director Office of Financial Services Approved as to Form: ��v ' � Assistant City Atto Page Seven 1. Membership Fee Ramsey County GIS User Group Fee Allocation 2000 (Refer to Joint Powers Agreement) Version 20 November 8,1999 ouce ovly flaz fa foreach usa �bS� 2. Annual Data Access & Physical Features Maintenance Fee ' Inrtial Fee period rommences on January I, 1997 and annually thereafter from 7an. 1 � Membeis commit to a three-year payment ofthese fees Entitiu not participafing wil! be charged as per the eristing Counly jee sckedute ($364 per Mb af data ptus 845 per hour processinp� Organ'uation Category: PoputsGOn Faaur. Sc Pwl' 25 MunicipalNa �� Schrol Diso-itts � 5 WazersM1eA D'¢tritts � 5 Ramiey Soif & Wacer Coiu'e�vation D�smu 2 MevoEaztDevelopmentPartnership" 0 Fire Deparonena^ 4 •NOn.nmMmCOrgw+wnon '•cm�srderedp(vi ol�� ��nicipalines No[e: The f¢e u dculated by mvltipl}�ivg �he (population factor z(population: per nyih nfe(W-095)) (eg New Bnghron -(22328 xi 0) x(0095 )_ $Y121) Bmakdo�nm by organiZahon. Organ¢aGOVNnmc: Fst 1994 Population Ilmts 2000 Far I �998 Feu popula[ion FacWr Assigned servcd Fa:con Heights Gem Lalcx Lauderdale LiNe Cavada Maplewood Mounds View New Brigh[on NonhOaks North Sc Paul Rosevilk Shoreview Si Pwl Vadnais Heights White Bear Township Whire Bear Lake RamseylWazhMetro WD Rice Cteek VJ� C.� RamsrySWCD MoWds View Schools Nth SCPauI/Maplawd Sch (J�. Roxvil{e Schooh SL PaW Schools White Bear Lalce Schools 9426 529/ X SS9 27I8 9225 X 32903 I2552 22328 36aa 12809 33674 25957 271660 11968 10236 25398 ISOD00 OX 492909 70000 OX 50172 2]1660 OX 1 000 1,000 7 C00 1000 1 000 1 000 I 000 1 000 i noo 1 000 I 000 1 000 0 250 1.000 I.000 1 000 0.015 Q0�5 0 020 0 075 0.095 0.075 0 075 0.075 00 - ��- Chmgn in 1999-2D06 5297 449 2718 9225 32903 12552 22328 3644 12809 33674 25957 6?915 11968 10236 25395 ��zso $2,121 86,452 9858 5937 5250 5499 Sfl 3]63 S35] 203/S SO $0 Note Those entities assumed to be non-participariu are designated vrith (X). Entines wishing "to enier as a participant paztway ihrough Che annual maintenance fee period will pay the fiill annual amount designated for that site end will not be pro-mted al,lst $0 $58 $37b $0 53,968 $1,506 $2,619 $0 $1,537 $4,041 53,115 $8,15Q $1,436 31,228 $3,276 $l,350 $0 $1,183 %630 $0 SS52 SO SO (ae�o� $0 (SIS) (5681 50 (5823J (S31JJ (5558) 30 (3320) BS{2) (86J9) (S1,698J (5199) (S256J (886aJ (5287) 30 (S246J (313!) 30 (s9aJ so 30 gist'a 2000yretim.zis Council File # � � �'� �� ORIGlNAI. Resolution # Green Sheet # t� � 2'� 3 RESOLUTION C1TY OF SAINT PAUL, MINNESOTA Presented By Referred To 1 2 3 4 5 6 7 8 9 10 Ii 12 13 14 15 16 17 18 19 20 21 a3 Committee: Date WI3EREAS, a Joint Powers Agreement to create the Ramsey County Geographic Information System (GIS) Users Group was negotiated as a three-yeaz agreement in 1997; and WHEREAS, the Ramsey County GIS Users Group enables member municipalities to realize substantial cost savings in the acquisition of needed geographic data; and WHEREAS, the 1997 agreement must now be renewed for the 2000-2002 period; NOW THEREFORE BE IT RESOLVED, by the City Council, that 1. The City of Saint Paul agrees to enter into the attached joint powers agreement with other bodies politic and corporate under the laws of the State of Minnesota, said agreement providing for the formation of the Ramsey County Geographic Information System Users Group for the purposes of undertaking negotiations and transactions with Ramsey County and any other body politic. 2. The proper City officials are hereby authorized and directed to execute the attached joint powers agreement. Requested by Department of: Adoption Certif� By: Approved by Mayor: $Y� � by Council Sec a . l� I/ Plannin & Economi evelo ment By: � Form Approved by City Attorney Zf�� � ' ( jf±� /_ 20. 00 BY= u Approved by Mayor for S,�bm1S ' to Council i By: Adopted by Council: Date �,� � ,- O � � nAmm�.� ao, Pt'enaiQg&Economicvevelopmem 1/14/2�0� GREEN SHEET NO. 101273 men'ncrszssmvavae.m Oi nppnxmmxrnmeaox Oa cuxcomrcu, an r MarkVanderScl�aaf.266-6637 �z c¢rnrrom�r_1���� O rnsc��c ������A��BY�� o ���.� o ���.�� vziz000 0 �„ros��„�,�, O TOTAL # OF SIGNATI7RE PAGES ! (CLIP ALL LOCATIONS FOR SIGNA'PIJRE) cmx�oFS'ffn Approve resolution authon>�no and directing the proper� City olficiaLs tn execute a joint poweis agreement to renew The "Ramsey County Geog[apltic Infoxmation Sys[em Useis Group." xxcoaamaDA'uoeis:a�oae W«nqm� PERSOIVAL SERVICE CONIRACTS M[T5f ANSWER THE FOLIQWING QIIESTiONS= TTncuax�cnxm�¢ota _crvn.seevt�cnEmncvox LHasttisP�oNfi�ev¢wo�edtmdaacon4actfortlilsdepazmient> cmcnn4.m'� _ YES NO 2. Has tivs P��Srm eva6een a cily employee? nrsm�crmUxr _ yES NO sueromswmcacomacv.oagccm�x 3. Does4aspe�odfimmpossess a sidllnotao�ally possesedby auy ca¢ent ciry employee? YES NO (EBplain alI yes saswers on sepante sheet and atfsch to green sheet) s�mnm+�snos�.us�z.oseonxcnmv(vnww n.w�.wn�.wM7 Tlus joint powers agreement was origi�ally negotiated in 1997 as a Uuee-yeaz agreement for the purposes of sh.a�ng geographic data costs among local units of govemcnent, special putpose govemment units, loca! agencies, and the Ramsey Soil & Watei Consecvation District. The joint powers agreement is now being renewed for a second thtee-year penod. ADV Al�'fAGE$P AYPROVED: SubstanTial cost savings in Ute putchase of aerial photography and physical features data. Free, unlimited CiTy access to monthly eatracts of Rarnsey County parcel da[a. Gceater County responsiveness to municipalities in the counry ralaliva to the sharing of geogcaphic data. DISADVANtACaFSIFAY4A6VE� None. V�EYtiC«1 �a�'S&e%-'liY1"} �vwi�R��� ea���i 6a � 68�U97 DY4ADVANPn6E30PNOS AYPRDVED The Cily would incur subs4vilial costs in purcha�'"o needed aerial photography and physical featutes data without pathiers. Costly access by City to Ramsey Gounly patcel data. Less County tesponsiveness to municipalities inthe cowriy ielative to the shazing of geogcaphic data. TtlPALAMOTII"IOFIRANSA ��` � Z's= COSI/REVEN�ESTIDC+EI�(CRtCLEONL� �YES � NO General Fund � Te Z n i ti a ti v e R ecurr i ng Costs A � y �� 01119 �w�,cw��*+A��„�, The data derived from this Joint PowersAgreement is considered to be a I component of the City's basic electronic information foundation. Consistent with past ractices fundin for this data will come from the Technolo Recurrin Cost A ti"it i I. ✓ JOINT POWERS AGREEMENT AMONG 00 -q�- MEMBERS OF THE' RAMSEY COUNTY GEOGRAPHIC INFORMATIONSYSTEMS USERS GROUP This JOINT POWERS AGREEMENT (Agreement), which shall have an effective date of January 1, 2000, is entered into pursuant to the provisions ofMinnesota Statutes Section 471.59 between The City of Saint Paul body politic and corporate under the laws ofthe State of Minnesota and other bodies politic and corporate under the laws of the State of Minnesota for the purposes of fozming the Ramsey County Geographic Information System Users Group hereinafter referred to as the "Users Group". ARTICLE I. INTENT OF THIS AGREEMENT: In 1995, an alliance was formed between public agencies interested in using Geographic Information Systems (GIS) and data created and maintained by Ramsey County. This agreement is intended to enable those parties who are part of the LTsers :raup to �e represented by the Users Group for the purposes of undertaking negotiations and transactions with Ramsey County and any other body politic. ARTICLE II. DEFINITION5: Section 1. Members aze deemed to be those local units of government, special purpose government units, local agencies and the Ramsey Soil & Water Conservation District who have executed this Joint Powers Agreement and have paid fees as provided in Article X. Section 2. Paying Affiliates are those county, regional, state and federal agencies, local government organizations with regional jurisdiction, local govemment cooperative arganizations, non-profit organizations and educational institutions with direct or indirect involvement in GIS aetivities who haue paid fees as provided in Article X. Paying Affiliate membership must be approved by the Boazd. Paying Affiliates are non-voting parkicipants and are not eligible to serve on the Boazd. Section 3. Non-Paying Affiliates are those representatives of county, regional, state and federal agencies, local government orgauizations with regional jurisdiction, local government cooperative organizations, non-profit organizations and educaflonal institurions with direct or indirect involvement in GIS activities. Private sector entities who are contracted to perform GIS-related tasks for a Member can also join as a Non-Paying Affiliate. Regulaz Affiliate membership must be approved by the Board. Non-Paying Affiliates aze non-voting participants are not eligible to serve on the Boazd, do not pay membership or fees as described in Article X, and are not entitied to data access and exchange detailed in this agreement. Page One Do-qa AT2TICLE III. USER GROUP STRUCTURE: Section 1. The Users Group will be governed and managed by a Board of Directors ("Board"). Section 2. One Director will represent each Member organization. Each Member organization shall appoint one Director and an altemate to serve on the Board. Section 3. The Board shall also have the following o�cers: a Chair, Vice Chair, Secretary and Treasurer. Section 4. These officers are elected annually by the Board. Section 5. These officers aze undertaken on a voluntary basis without pay. Section 6. A quorum will consist of at least a one-half attendance of full membership of the Boazd. Section 7. Decisions will be made by majoriTy of the quorum. ARTICLE IV. DUTIES OF THE BOARD OF DIRECTORS: Section I. The Board shall meet at least two times per year. Section 2. The Boazd shall conduct an organizational meeting no later than 30 days after the effective date of this Agreement. The meeting will be called for the purposes of electing the officer positions of Chair, Vice Chair, Secretary and Treasurer. This meeting will allow the adoption of by-(aws and other procedures governing the conduct of its meetings and its business as it deems approptiate. This meeting will also be called by the Board to determine the User Group Budget, review the operating procedures within this Agreement, and approve agreements with Ramsey County for the purposes of GIS data exchange, data access, data delivery and the updating of physical features. Section 3. The Board shall approve and adopt the formula for the distribution of costs associated with access to Ramsey County GIS data and for the updating of physical features. This formula shall be reviewed annually by the Board. Section 4. The Boazd shall arrange for and facilitate regular meetings of the User Group and for User Group activities. Section 5. The Chair presides at meetings of the Board. The V ice Chair will preside in the absence of the Chair. The Secretary is responsibie for recording the proceedings of the Board and communicating these proceedings to all Member organizations. The Treasurer is responsible for the funds and financial records of the Board. Section 6. The Chair and the Treasurer must sign vouchers or orders disbursing funds of the Users Group. Disbursement will be made in the method prescribed by law for statutory cities. Section 7. The Board may take such actions as it deems necessary and convenient to accomplish the general purposes of this Agreement. 5ection 8.The Boazd shall purchase liability insurance on behalf of the Users Group to insure against liability of the L3sers Group and its constituent Members. Section 9. The Boazd may: (i) enter into contracts to carry out its powers and duties, in full compliance with any competitive bidding requirements imposed by State or local law. (ii) provide for the prosecution, defense, or other paRicipation in proceedings at law or in equity in which it may have an interest; (iii) employ such persons as it deems necessary on a part-time, full-time or consultancy basis; (iv) purchase, hold or dispose of real and personal properry; (v) contract for space, commodities or personal seroices with a Member or group of Members; (vi) accept gifts, apply for and use grants or loans of money or other property from the state, the United States of America, and from other government units and may enter into agreements in connecfion therewith and hold, use and dispose of such money or property in accordance with the terms of the gift, grant, loan or agreement relating thereto. (vii) appoint a fiscal agent; Page Two ARTICLE V. NEW MEMBERS: � a ��� Section 1. Those units of govemment who aze not part of this-i��ial Agreement may join as Members of the Users Group at any time. Section 2. To become a Member, a local unit of government shall adopt a resolution and shall sign the current Agreement. Section 3. The New Members and Paying Affiliates will pay the current one-time membership fee and the data exchange fee due for the year in which the new Member is joining as set by the Boazd in Article IV, Section 4, as calculated by the current formula. Fees wili not be pro-rated for new Members who join after 7anuary 1 of each year. ARTICLE VI. GIS DATA TO BE SUPPLIED BY RAMSEY COUNTY: Section 1. It is the intent of this Agreement that the Users Group will negotiate an agreement with Ramsey Courity for the exchange of County GIS Data with Members and Paying Affiliates at a preferential fee structure. A component of the fees will apply to the maintenance of digital physical features from aerial photography captured Countgwide on a three yeaz basis. Section 2. The GIS Data should consist of the following components: (i) The Ramsey County Digital Base Map as generated and maintained by the Department of Public Works. (ii) The Ramsey CounTy Amibute Data Base as generated and maintained by the Deparhnent of Property Records and Revenue. (iii) The Physical Features File as generated and maintained by the Department of Public Works. Section 3. The Boazd will negotiate on behalf ofthe Members and Paying Affiliates for the cost and niethod ofaccess to this data. Prior to each annual payment to Ramsey County, the Board shall determine whether it is satisfied with the content, accuracy and timeliness of the data provided to date and make a determination if further payment shali be made. ARTICLE VII. GIS DATA TO BE EXCIIANGED AS PART OF TAIS AGREEMENT: Section 1. Members agree to exchange any GIS data with Ramsey County and with any requesting MemUer for the requesting parties own use where that GIS data has been in some way derived and developed from the County GIS Data as a result of this Agreement or future agreements between the Users Group and Ramsey County. Members agree to exchange with Ramsey County and with any other Member, any amibute data that it has created and maintained where that data can be associated to a parcel using a parcel identifier. Members also agree to exchange any building permit data deemed by Ramsey County as necessary for the identification of future physical feature data base updates. Section 2. The Board will negotiate with Ramsey County on behalf of the Members in all matters deemed necessary relating to supply of GIS data generated by a Member. Section 3. Any costs associated with a Member supplying data to Ramsey County or to any other Member shall be for access and delivery of that data only and not for any costs associated with the development of that data. ARTICLE V1II. DATA ACCESS AND USAGE: Section 1. All Members and Paying Affiliates shall have equal rights to access Ramsey County GIS Data. Section 2. Data generated by Ramsey County and provided to Members and Paying Affiliates may not be sold in its original form to third party agencies. However, a Member or Paying Affiliate may allow use of the original data by a third parry for specific contracted purposes. Data generated by Members or Paying Affiliates and provided to Ramsey County may not be sold by Ramsey County in its origina] form to third party agencies. However, Ramsey CounTy may allow use of the original data by a third party for specific contracted putposes. Section 3. Data which resuks from enhancement by a Member or Paying Affiliate of Ramsey County GIS Data, received pursuant to this Agreement, may be sold or exchanged to a third party. Section 4. AIl Members and Paying Affiliates will adhere to future Users Group license agreements for County or other agency GIS data. Page Three Da 4�� ARTICLE IX. DATA SEC[JRITY: All Members and Paying Affiliates of the Users Group agree to abide by the data privacy and data security standards of the supplying agency when using data made available by that agency. ARTICLE X. FINANCIAL MATTERS: Section 1. The fiscal year of the Users Group is the calendat yeaz. Section 2. The Boazd shall adopt an initial budget and must thereafter adopt an annuai budget prior to July 1 of each year for each succeeding yeaz. The Boazd wili give an opportunity to each Member to comment or object to the proposed budget before adoption. Notice of the adopted budget must be mailed promptly thereafter to the chief administrative officer of each Member organization. Section 3. Operational costs shall be shazed according to a method agreed upon by majority decision of the Boazd of Directors. The costs could be met by membership fees. These costs could include Users Group administrative costs, purchase of liability insurance and others as appropriate. Section 4. Membership Fee: New Members and new Paying A�liates shall pay a one-time membership fee of $500 to the LTsers Crroup for the calendaz yeaz 2000. The amount of this fee shall be reviewed and set annually by the Board of Directors for new Members and new Paying Affiliates. Section 5. Aata Access and Physical Features Maintenance Fee: Members and Paying Affiliates shall commit to a three-year payment of data access and physical features maintenance fees, except where a one-yeaz limitation is imposed by State Statutes. Ramsey County will charge the Users Crroup on an annual basis for unlimited access to the Ramsey County GIS Data. This fee will be paid to Ramsey County by the Users Group on behalf of the Members and Paying Affiliates on an annual basis. The amount to be paid by each Member and Paying Affiliates will be determined by the Board and will be reviewed annually. Section 6. Special Projects Assessments: Members and Paying Affiliates who wish to enter into speciai projects and consultations shall present proposals to the Board for review. Examples of special projects could be cooperative training or consortium purchase of software. Upon approval by the Boazd, those Members and Paying Affiliates who are part of the project will be assessed to meet the cost of the project. Secrion 7. Billings to the Members and Paying Affiliates are due and payable no later than 60 days after the receipt of the annual invoice. In the event of a dispute as to the amount of a billing, a Member or Paying �liate must nevertheless make payment as billed to preserve membership status. The Member or Paying Affiliate may make payment subject to its right to dispute the bill and exercise any remedies available to It. Failure to pay a biiling within 60 days results in suspension of voting privileges of the Member Director . Failure to pay a biliing within 120 days is grounds for termination of inembership, but the Users Cnoup rights to receive payment aze not affected by the terxnination of inembership. ARTICLE XI. TERM Section 1. This Agreement sha11 be in force through December 31, 2002, or until superseded by another agreement. Section 2. Based on the annual review of the operating procedures within the Agreement conducted by the Board, a new Agreement will be developed and circulated at least three months prior to December 31, 2002 and be agreed upon and signed on or before December 31, 2002. Page Four- ARTICLE XIL TERMINATION: Ao -°� a' Each Member or Paying �liate shall have the right to terminate its membership and participation in the Users Group with or without cause by formal resolution of the Member's or Paying Affiliate's organization and communicated to the Boazd in writing. However, the Member or Paying A�liate is still obligated to its fmancial commitments for the year during which ternunation of inembership occurs. These commitments include: (i) any balance of the Data Access(Physical Features Maintenance Fee. This commitment applies to all Members and Paying Affiliates. (ii) any balance owing on Special Projects Assessments. Ttris commitment applies to Members and Paying Affiliates which have entered into any special project agreement(s). . Terminafion of inembership prior to expirarion of the Agreement shall make a local unit of government ineligible to re join as a Member or Paying AfFiliate under the current Agreement. ARTICLE XIII. DISSOLUTION: Section l. The Users Group may be dissolved by a two-thirds vote of its Members in good standing. Dissolution is mandatary when the Secretary has received certified copies ofresolutions adopted by the governing bodies of the required Members requesting dissolution of the Users Group. Section 2. In the event of a dissolution, the Board must determine the measures necessary to effect the dissolution and must provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this agreement and law. Section 3. In the event of dissolution, following the payment of all outstanding obligations, assets of the Users Group will be distributed among the then existing Members and Paying Affiliates in direct proportion to their cumulative annual contributions. If those obligations exceed the assets of the Users Group, the net deficit of the Users Group wiil be charged to and paid by the then existing Members and Paying Affiliates in direct proportion to their cumulative annual contributions. ARTICLE XIV. ACCESS TO AOCUMENTS: Until the expiration of three years after this Agreement terminates, the Users Group shall make available to the Member organizations and to the State Auditor, a copy of this Agreement and books, documents, accounting procedures and practices of the Users Group relzting to this Agreement. ARTICLE XV. HOLA HARMLESS: 5ection 1. Each Member or Paying Affiliate agrees to defend, indemnify and hold the other Members or Paying Affiliates hazmless from any claims, demands, actions or causes of action, including reasonable attorneys fees, against or incurred by such other Members or Paying Affiliates, arising out of any act or omission on the part of the indemnifying Member or Paying Affiliate or any of its agents, servants or employees in the performance of or with relation to any of the work or services provided by Members or Paying Affiliates under the terms of this Agreement. Secfion 2. Nothing in this Agreement shali constitute a waiver by either Members or Paying Affiliates or the Users Group of any limitafion of liability under Minnesota Statutes Chapter 466. Page Five Q O -q a. SECTION XVI. EQUAL EMPLOYMENT OPPORTUNITY: Section L The Members and Paying Affiliates and the Users Group agree to comply with a11 federal, state and local laws, resolutions, ordinances, rules, regularions and executive orders pertaining to unlawful discri.mivarion on account of race, color, creed, religion, national origin, sex, sexual preference, marital status, status with regazd to public assistance, disability or age. Section 2. When required by 1aw and requested by the other party, the Users Group shall furnish a written afiirmative action p1an to the Members and Paying Affiliates_ SECTION XVII. DATA PRACTICES: Section 1. All data collected, created, received, maintained or disseminated for any purpose in the course of either the Member's or Paying �liate's or the Users Group's performance of tivs Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and rules adopted to implement the Act. Section 2. The Members and Paying Affiliates and the Users Group agree to abide strictly by these statutes, rules and regulauons. Page Six O b -' IN WITNESS WHEREOF, the parties hereto Y�ave executed this Agreement the day and year first above wiitten. CTTY OF SAINT PAUL, MIlVNESOTA By: Norm Coleman, Mayor By: Joseph M. Reid, Director Office of Financial Services Approved as to Form: ��v ' � Assistant City Atto Page Seven 1. Membership Fee Ramsey County GIS User Group Fee Allocation 2000 (Refer to Joint Powers Agreement) Version 20 November 8,1999 ouce ovly flaz fa foreach usa �bS� 2. Annual Data Access & Physical Features Maintenance Fee ' Inrtial Fee period rommences on January I, 1997 and annually thereafter from 7an. 1 � Membeis commit to a three-year payment ofthese fees Entitiu not participafing wil! be charged as per the eristing Counly jee sckedute ($364 per Mb af data ptus 845 per hour processinp� Organ'uation Category: PoputsGOn Faaur. Sc Pwl' 25 MunicipalNa �� Schrol Diso-itts � 5 WazersM1eA D'¢tritts � 5 Ramiey Soif & Wacer Coiu'e�vation D�smu 2 MevoEaztDevelopmentPartnership" 0 Fire Deparonena^ 4 •NOn.nmMmCOrgw+wnon '•cm�srderedp(vi ol�� ��nicipalines No[e: The f¢e u dculated by mvltipl}�ivg �he (population factor z(population: per nyih nfe(W-095)) (eg New Bnghron -(22328 xi 0) x(0095 )_ $Y121) Bmakdo�nm by organiZahon. Organ¢aGOVNnmc: Fst 1994 Population Ilmts 2000 Far I �998 Feu popula[ion FacWr Assigned servcd Fa:con Heights Gem Lalcx Lauderdale LiNe Cavada Maplewood Mounds View New Brigh[on NonhOaks North Sc Paul Rosevilk Shoreview Si Pwl Vadnais Heights White Bear Township Whire Bear Lake RamseylWazhMetro WD Rice Cteek VJ� C.� RamsrySWCD MoWds View Schools Nth SCPauI/Maplawd Sch (J�. Roxvil{e Schooh SL PaW Schools White Bear Lalce Schools 9426 529/ X SS9 27I8 9225 X 32903 I2552 22328 36aa 12809 33674 25957 271660 11968 10236 25398 ISOD00 OX 492909 70000 OX 50172 2]1660 OX 1 000 1,000 7 C00 1000 1 000 1 000 I 000 1 000 i noo 1 000 I 000 1 000 0 250 1.000 I.000 1 000 0.015 Q0�5 0 020 0 075 0.095 0.075 0 075 0.075 00 - ��- Chmgn in 1999-2D06 5297 449 2718 9225 32903 12552 22328 3644 12809 33674 25957 6?915 11968 10236 25395 ��zso $2,121 86,452 9858 5937 5250 5499 Sfl 3]63 S35] 203/S SO $0 Note Those entities assumed to be non-participariu are designated vrith (X). Entines wishing "to enier as a participant paztway ihrough Che annual maintenance fee period will pay the fiill annual amount designated for that site end will not be pro-mted al,lst $0 $58 $37b $0 53,968 $1,506 $2,619 $0 $1,537 $4,041 53,115 $8,15Q $1,436 31,228 $3,276 $l,350 $0 $1,183 %630 $0 SS52 SO SO (ae�o� $0 (SIS) (5681 50 (5823J (S31JJ (5558) 30 (3320) BS{2) (86J9) (S1,698J (5199) (S256J (886aJ (5287) 30 (S246J (313!) 30 (s9aJ so 30 gist'a 2000yretim.zis Council File # � � �'� �� ORIGlNAI. Resolution # Green Sheet # t� � 2'� 3 RESOLUTION C1TY OF SAINT PAUL, MINNESOTA Presented By Referred To 1 2 3 4 5 6 7 8 9 10 Ii 12 13 14 15 16 17 18 19 20 21 a3 Committee: Date WI3EREAS, a Joint Powers Agreement to create the Ramsey County Geographic Information System (GIS) Users Group was negotiated as a three-yeaz agreement in 1997; and WHEREAS, the Ramsey County GIS Users Group enables member municipalities to realize substantial cost savings in the acquisition of needed geographic data; and WHEREAS, the 1997 agreement must now be renewed for the 2000-2002 period; NOW THEREFORE BE IT RESOLVED, by the City Council, that 1. The City of Saint Paul agrees to enter into the attached joint powers agreement with other bodies politic and corporate under the laws of the State of Minnesota, said agreement providing for the formation of the Ramsey County Geographic Information System Users Group for the purposes of undertaking negotiations and transactions with Ramsey County and any other body politic. 2. The proper City officials are hereby authorized and directed to execute the attached joint powers agreement. Requested by Department of: Adoption Certif� By: Approved by Mayor: $Y� � by Council Sec a . l� I/ Plannin & Economi evelo ment By: � Form Approved by City Attorney Zf�� � ' ( jf±� /_ 20. 00 BY= u Approved by Mayor for S,�bm1S ' to Council i By: Adopted by Council: Date �,� � ,- O � � nAmm�.� ao, Pt'enaiQg&Economicvevelopmem 1/14/2�0� GREEN SHEET NO. 101273 men'ncrszssmvavae.m Oi nppnxmmxrnmeaox Oa cuxcomrcu, an r MarkVanderScl�aaf.266-6637 �z c¢rnrrom�r_1���� O rnsc��c ������A��BY�� o ���.� o ���.�� vziz000 0 �„ros��„�,�, O TOTAL # OF SIGNATI7RE PAGES ! (CLIP ALL LOCATIONS FOR SIGNA'PIJRE) cmx�oFS'ffn Approve resolution authon>�no and directing the proper� City olficiaLs tn execute a joint poweis agreement to renew The "Ramsey County Geog[apltic Infoxmation Sys[em Useis Group." xxcoaamaDA'uoeis:a�oae W«nqm� PERSOIVAL SERVICE CONIRACTS M[T5f ANSWER THE FOLIQWING QIIESTiONS= TTncuax�cnxm�¢ota _crvn.seevt�cnEmncvox LHasttisP�oNfi�ev¢wo�edtmdaacon4actfortlilsdepazmient> cmcnn4.m'� _ YES NO 2. Has tivs P��Srm eva6een a cily employee? nrsm�crmUxr _ yES NO sueromswmcacomacv.oagccm�x 3. Does4aspe�odfimmpossess a sidllnotao�ally possesedby auy ca¢ent ciry employee? YES NO (EBplain alI yes saswers on sepante sheet and atfsch to green sheet) s�mnm+�snos�.us�z.oseonxcnmv(vnww n.w�.wn�.wM7 Tlus joint powers agreement was origi�ally negotiated in 1997 as a Uuee-yeaz agreement for the purposes of sh.a�ng geographic data costs among local units of govemcnent, special putpose govemment units, loca! agencies, and the Ramsey Soil & Watei Consecvation District. The joint powers agreement is now being renewed for a second thtee-year penod. ADV Al�'fAGE$P AYPROVED: SubstanTial cost savings in Ute putchase of aerial photography and physical features data. Free, unlimited CiTy access to monthly eatracts of Rarnsey County parcel da[a. Gceater County responsiveness to municipalities in the counry ralaliva to the sharing of geogcaphic data. DISADVANtACaFSIFAY4A6VE� None. V�EYtiC«1 �a�'S&e%-'liY1"} �vwi�R��� ea���i 6a � 68�U97 DY4ADVANPn6E30PNOS AYPRDVED The Cily would incur subs4vilial costs in purcha�'"o needed aerial photography and physical featutes data without pathiers. Costly access by City to Ramsey Gounly patcel data. Less County tesponsiveness to municipalities inthe cowriy ielative to the shazing of geogcaphic data. TtlPALAMOTII"IOFIRANSA ��` � Z's= COSI/REVEN�ESTIDC+EI�(CRtCLEONL� �YES � NO General Fund � Te Z n i ti a ti v e R ecurr i ng Costs A � y �� 01119 �w�,cw��*+A��„�, The data derived from this Joint PowersAgreement is considered to be a I component of the City's basic electronic information foundation. Consistent with past ractices fundin for this data will come from the Technolo Recurrin Cost A ti"it i I. ✓ JOINT POWERS AGREEMENT AMONG 00 -q�- MEMBERS OF THE' RAMSEY COUNTY GEOGRAPHIC INFORMATIONSYSTEMS USERS GROUP This JOINT POWERS AGREEMENT (Agreement), which shall have an effective date of January 1, 2000, is entered into pursuant to the provisions ofMinnesota Statutes Section 471.59 between The City of Saint Paul body politic and corporate under the laws ofthe State of Minnesota and other bodies politic and corporate under the laws of the State of Minnesota for the purposes of fozming the Ramsey County Geographic Information System Users Group hereinafter referred to as the "Users Group". ARTICLE I. INTENT OF THIS AGREEMENT: In 1995, an alliance was formed between public agencies interested in using Geographic Information Systems (GIS) and data created and maintained by Ramsey County. This agreement is intended to enable those parties who are part of the LTsers :raup to �e represented by the Users Group for the purposes of undertaking negotiations and transactions with Ramsey County and any other body politic. ARTICLE II. DEFINITION5: Section 1. Members aze deemed to be those local units of government, special purpose government units, local agencies and the Ramsey Soil & Water Conservation District who have executed this Joint Powers Agreement and have paid fees as provided in Article X. Section 2. Paying Affiliates are those county, regional, state and federal agencies, local government organizations with regional jurisdiction, local govemment cooperative arganizations, non-profit organizations and educational institutions with direct or indirect involvement in GIS aetivities who haue paid fees as provided in Article X. Paying Affiliate membership must be approved by the Boazd. Paying Affiliates are non-voting parkicipants and are not eligible to serve on the Boazd. Section 3. Non-Paying Affiliates are those representatives of county, regional, state and federal agencies, local government orgauizations with regional jurisdiction, local government cooperative organizations, non-profit organizations and educaflonal institurions with direct or indirect involvement in GIS activities. Private sector entities who are contracted to perform GIS-related tasks for a Member can also join as a Non-Paying Affiliate. Regulaz Affiliate membership must be approved by the Board. Non-Paying Affiliates aze non-voting participants are not eligible to serve on the Boazd, do not pay membership or fees as described in Article X, and are not entitied to data access and exchange detailed in this agreement. Page One Do-qa AT2TICLE III. USER GROUP STRUCTURE: Section 1. The Users Group will be governed and managed by a Board of Directors ("Board"). Section 2. One Director will represent each Member organization. Each Member organization shall appoint one Director and an altemate to serve on the Board. Section 3. The Board shall also have the following o�cers: a Chair, Vice Chair, Secretary and Treasurer. Section 4. These officers are elected annually by the Board. Section 5. These officers aze undertaken on a voluntary basis without pay. Section 6. A quorum will consist of at least a one-half attendance of full membership of the Boazd. Section 7. Decisions will be made by majoriTy of the quorum. ARTICLE IV. DUTIES OF THE BOARD OF DIRECTORS: Section I. The Board shall meet at least two times per year. Section 2. The Boazd shall conduct an organizational meeting no later than 30 days after the effective date of this Agreement. The meeting will be called for the purposes of electing the officer positions of Chair, Vice Chair, Secretary and Treasurer. This meeting will allow the adoption of by-(aws and other procedures governing the conduct of its meetings and its business as it deems approptiate. This meeting will also be called by the Board to determine the User Group Budget, review the operating procedures within this Agreement, and approve agreements with Ramsey County for the purposes of GIS data exchange, data access, data delivery and the updating of physical features. Section 3. The Board shall approve and adopt the formula for the distribution of costs associated with access to Ramsey County GIS data and for the updating of physical features. This formula shall be reviewed annually by the Board. Section 4. The Boazd shall arrange for and facilitate regular meetings of the User Group and for User Group activities. Section 5. The Chair presides at meetings of the Board. The V ice Chair will preside in the absence of the Chair. The Secretary is responsibie for recording the proceedings of the Board and communicating these proceedings to all Member organizations. The Treasurer is responsible for the funds and financial records of the Board. Section 6. The Chair and the Treasurer must sign vouchers or orders disbursing funds of the Users Group. Disbursement will be made in the method prescribed by law for statutory cities. Section 7. The Board may take such actions as it deems necessary and convenient to accomplish the general purposes of this Agreement. 5ection 8.The Boazd shall purchase liability insurance on behalf of the Users Group to insure against liability of the L3sers Group and its constituent Members. Section 9. The Boazd may: (i) enter into contracts to carry out its powers and duties, in full compliance with any competitive bidding requirements imposed by State or local law. (ii) provide for the prosecution, defense, or other paRicipation in proceedings at law or in equity in which it may have an interest; (iii) employ such persons as it deems necessary on a part-time, full-time or consultancy basis; (iv) purchase, hold or dispose of real and personal properry; (v) contract for space, commodities or personal seroices with a Member or group of Members; (vi) accept gifts, apply for and use grants or loans of money or other property from the state, the United States of America, and from other government units and may enter into agreements in connecfion therewith and hold, use and dispose of such money or property in accordance with the terms of the gift, grant, loan or agreement relating thereto. (vii) appoint a fiscal agent; Page Two ARTICLE V. NEW MEMBERS: � a ��� Section 1. Those units of govemment who aze not part of this-i��ial Agreement may join as Members of the Users Group at any time. Section 2. To become a Member, a local unit of government shall adopt a resolution and shall sign the current Agreement. Section 3. The New Members and Paying Affiliates will pay the current one-time membership fee and the data exchange fee due for the year in which the new Member is joining as set by the Boazd in Article IV, Section 4, as calculated by the current formula. Fees wili not be pro-rated for new Members who join after 7anuary 1 of each year. ARTICLE VI. GIS DATA TO BE SUPPLIED BY RAMSEY COUNTY: Section 1. It is the intent of this Agreement that the Users Group will negotiate an agreement with Ramsey Courity for the exchange of County GIS Data with Members and Paying Affiliates at a preferential fee structure. A component of the fees will apply to the maintenance of digital physical features from aerial photography captured Countgwide on a three yeaz basis. Section 2. The GIS Data should consist of the following components: (i) The Ramsey County Digital Base Map as generated and maintained by the Department of Public Works. (ii) The Ramsey CounTy Amibute Data Base as generated and maintained by the Deparhnent of Property Records and Revenue. (iii) The Physical Features File as generated and maintained by the Department of Public Works. Section 3. The Boazd will negotiate on behalf ofthe Members and Paying Affiliates for the cost and niethod ofaccess to this data. Prior to each annual payment to Ramsey County, the Board shall determine whether it is satisfied with the content, accuracy and timeliness of the data provided to date and make a determination if further payment shali be made. ARTICLE VII. GIS DATA TO BE EXCIIANGED AS PART OF TAIS AGREEMENT: Section 1. Members agree to exchange any GIS data with Ramsey County and with any requesting MemUer for the requesting parties own use where that GIS data has been in some way derived and developed from the County GIS Data as a result of this Agreement or future agreements between the Users Group and Ramsey County. Members agree to exchange with Ramsey County and with any other Member, any amibute data that it has created and maintained where that data can be associated to a parcel using a parcel identifier. Members also agree to exchange any building permit data deemed by Ramsey County as necessary for the identification of future physical feature data base updates. Section 2. The Board will negotiate with Ramsey County on behalf of the Members in all matters deemed necessary relating to supply of GIS data generated by a Member. Section 3. Any costs associated with a Member supplying data to Ramsey County or to any other Member shall be for access and delivery of that data only and not for any costs associated with the development of that data. ARTICLE V1II. DATA ACCESS AND USAGE: Section 1. All Members and Paying Affiliates shall have equal rights to access Ramsey County GIS Data. Section 2. Data generated by Ramsey County and provided to Members and Paying Affiliates may not be sold in its original form to third party agencies. However, a Member or Paying Affiliate may allow use of the original data by a third parry for specific contracted purposes. Data generated by Members or Paying Affiliates and provided to Ramsey County may not be sold by Ramsey County in its origina] form to third party agencies. However, Ramsey CounTy may allow use of the original data by a third party for specific contracted putposes. Section 3. Data which resuks from enhancement by a Member or Paying Affiliate of Ramsey County GIS Data, received pursuant to this Agreement, may be sold or exchanged to a third party. Section 4. AIl Members and Paying Affiliates will adhere to future Users Group license agreements for County or other agency GIS data. Page Three Da 4�� ARTICLE IX. DATA SEC[JRITY: All Members and Paying Affiliates of the Users Group agree to abide by the data privacy and data security standards of the supplying agency when using data made available by that agency. ARTICLE X. FINANCIAL MATTERS: Section 1. The fiscal year of the Users Group is the calendat yeaz. Section 2. The Boazd shall adopt an initial budget and must thereafter adopt an annuai budget prior to July 1 of each year for each succeeding yeaz. The Boazd wili give an opportunity to each Member to comment or object to the proposed budget before adoption. Notice of the adopted budget must be mailed promptly thereafter to the chief administrative officer of each Member organization. Section 3. Operational costs shall be shazed according to a method agreed upon by majority decision of the Boazd of Directors. The costs could be met by membership fees. These costs could include Users Group administrative costs, purchase of liability insurance and others as appropriate. Section 4. Membership Fee: New Members and new Paying A�liates shall pay a one-time membership fee of $500 to the LTsers Crroup for the calendaz yeaz 2000. The amount of this fee shall be reviewed and set annually by the Board of Directors for new Members and new Paying Affiliates. Section 5. Aata Access and Physical Features Maintenance Fee: Members and Paying Affiliates shall commit to a three-year payment of data access and physical features maintenance fees, except where a one-yeaz limitation is imposed by State Statutes. Ramsey County will charge the Users Crroup on an annual basis for unlimited access to the Ramsey County GIS Data. This fee will be paid to Ramsey County by the Users Group on behalf of the Members and Paying Affiliates on an annual basis. The amount to be paid by each Member and Paying Affiliates will be determined by the Board and will be reviewed annually. Section 6. Special Projects Assessments: Members and Paying Affiliates who wish to enter into speciai projects and consultations shall present proposals to the Board for review. Examples of special projects could be cooperative training or consortium purchase of software. Upon approval by the Boazd, those Members and Paying Affiliates who are part of the project will be assessed to meet the cost of the project. Secrion 7. Billings to the Members and Paying Affiliates are due and payable no later than 60 days after the receipt of the annual invoice. In the event of a dispute as to the amount of a billing, a Member or Paying �liate must nevertheless make payment as billed to preserve membership status. The Member or Paying Affiliate may make payment subject to its right to dispute the bill and exercise any remedies available to It. Failure to pay a biiling within 60 days results in suspension of voting privileges of the Member Director . Failure to pay a biliing within 120 days is grounds for termination of inembership, but the Users Cnoup rights to receive payment aze not affected by the terxnination of inembership. ARTICLE XI. TERM Section 1. This Agreement sha11 be in force through December 31, 2002, or until superseded by another agreement. Section 2. Based on the annual review of the operating procedures within the Agreement conducted by the Board, a new Agreement will be developed and circulated at least three months prior to December 31, 2002 and be agreed upon and signed on or before December 31, 2002. Page Four- ARTICLE XIL TERMINATION: Ao -°� a' Each Member or Paying �liate shall have the right to terminate its membership and participation in the Users Group with or without cause by formal resolution of the Member's or Paying Affiliate's organization and communicated to the Boazd in writing. However, the Member or Paying A�liate is still obligated to its fmancial commitments for the year during which ternunation of inembership occurs. These commitments include: (i) any balance of the Data Access(Physical Features Maintenance Fee. This commitment applies to all Members and Paying Affiliates. (ii) any balance owing on Special Projects Assessments. Ttris commitment applies to Members and Paying Affiliates which have entered into any special project agreement(s). . Terminafion of inembership prior to expirarion of the Agreement shall make a local unit of government ineligible to re join as a Member or Paying AfFiliate under the current Agreement. ARTICLE XIII. DISSOLUTION: Section l. The Users Group may be dissolved by a two-thirds vote of its Members in good standing. Dissolution is mandatary when the Secretary has received certified copies ofresolutions adopted by the governing bodies of the required Members requesting dissolution of the Users Group. Section 2. In the event of a dissolution, the Board must determine the measures necessary to effect the dissolution and must provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this agreement and law. Section 3. In the event of dissolution, following the payment of all outstanding obligations, assets of the Users Group will be distributed among the then existing Members and Paying Affiliates in direct proportion to their cumulative annual contributions. If those obligations exceed the assets of the Users Group, the net deficit of the Users Group wiil be charged to and paid by the then existing Members and Paying Affiliates in direct proportion to their cumulative annual contributions. ARTICLE XIV. ACCESS TO AOCUMENTS: Until the expiration of three years after this Agreement terminates, the Users Group shall make available to the Member organizations and to the State Auditor, a copy of this Agreement and books, documents, accounting procedures and practices of the Users Group relzting to this Agreement. ARTICLE XV. HOLA HARMLESS: 5ection 1. Each Member or Paying Affiliate agrees to defend, indemnify and hold the other Members or Paying Affiliates hazmless from any claims, demands, actions or causes of action, including reasonable attorneys fees, against or incurred by such other Members or Paying Affiliates, arising out of any act or omission on the part of the indemnifying Member or Paying Affiliate or any of its agents, servants or employees in the performance of or with relation to any of the work or services provided by Members or Paying Affiliates under the terms of this Agreement. Secfion 2. Nothing in this Agreement shali constitute a waiver by either Members or Paying Affiliates or the Users Group of any limitafion of liability under Minnesota Statutes Chapter 466. Page Five Q O -q a. SECTION XVI. EQUAL EMPLOYMENT OPPORTUNITY: Section L The Members and Paying Affiliates and the Users Group agree to comply with a11 federal, state and local laws, resolutions, ordinances, rules, regularions and executive orders pertaining to unlawful discri.mivarion on account of race, color, creed, religion, national origin, sex, sexual preference, marital status, status with regazd to public assistance, disability or age. Section 2. When required by 1aw and requested by the other party, the Users Group shall furnish a written afiirmative action p1an to the Members and Paying Affiliates_ SECTION XVII. DATA PRACTICES: Section 1. All data collected, created, received, maintained or disseminated for any purpose in the course of either the Member's or Paying �liate's or the Users Group's performance of tivs Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and rules adopted to implement the Act. Section 2. The Members and Paying Affiliates and the Users Group agree to abide strictly by these statutes, rules and regulauons. Page Six O b -' IN WITNESS WHEREOF, the parties hereto Y�ave executed this Agreement the day and year first above wiitten. CTTY OF SAINT PAUL, MIlVNESOTA By: Norm Coleman, Mayor By: Joseph M. Reid, Director Office of Financial Services Approved as to Form: ��v ' � Assistant City Atto Page Seven 1. Membership Fee Ramsey County GIS User Group Fee Allocation 2000 (Refer to Joint Powers Agreement) Version 20 November 8,1999 ouce ovly flaz fa foreach usa �bS� 2. Annual Data Access & Physical Features Maintenance Fee ' Inrtial Fee period rommences on January I, 1997 and annually thereafter from 7an. 1 � Membeis commit to a three-year payment ofthese fees Entitiu not participafing wil! be charged as per the eristing Counly jee sckedute ($364 per Mb af data ptus 845 per hour processinp� Organ'uation Category: PoputsGOn Faaur. Sc Pwl' 25 MunicipalNa �� Schrol Diso-itts � 5 WazersM1eA D'¢tritts � 5 Ramiey Soif & Wacer Coiu'e�vation D�smu 2 MevoEaztDevelopmentPartnership" 0 Fire Deparonena^ 4 •NOn.nmMmCOrgw+wnon '•cm�srderedp(vi ol�� ��nicipalines No[e: The f¢e u dculated by mvltipl}�ivg �he (population factor z(population: per nyih nfe(W-095)) (eg New Bnghron -(22328 xi 0) x(0095 )_ $Y121) Bmakdo�nm by organiZahon. Organ¢aGOVNnmc: Fst 1994 Population Ilmts 2000 Far I �998 Feu popula[ion FacWr Assigned servcd Fa:con Heights Gem Lalcx Lauderdale LiNe Cavada Maplewood Mounds View New Brigh[on NonhOaks North Sc Paul Rosevilk Shoreview Si Pwl Vadnais Heights White Bear Township Whire Bear Lake RamseylWazhMetro WD Rice Cteek VJ� C.� RamsrySWCD MoWds View Schools Nth SCPauI/Maplawd Sch (J�. Roxvil{e Schooh SL PaW Schools White Bear Lalce Schools 9426 529/ X SS9 27I8 9225 X 32903 I2552 22328 36aa 12809 33674 25957 271660 11968 10236 25398 ISOD00 OX 492909 70000 OX 50172 2]1660 OX 1 000 1,000 7 C00 1000 1 000 1 000 I 000 1 000 i noo 1 000 I 000 1 000 0 250 1.000 I.000 1 000 0.015 Q0�5 0 020 0 075 0.095 0.075 0 075 0.075 00 - ��- Chmgn in 1999-2D06 5297 449 2718 9225 32903 12552 22328 3644 12809 33674 25957 6?915 11968 10236 25395 ��zso $2,121 86,452 9858 5937 5250 5499 Sfl 3]63 S35] 203/S SO $0 Note Those entities assumed to be non-participariu are designated vrith (X). Entines wishing "to enier as a participant paztway ihrough Che annual maintenance fee period will pay the fiill annual amount designated for that site end will not be pro-mted al,lst $0 $58 $37b $0 53,968 $1,506 $2,619 $0 $1,537 $4,041 53,115 $8,15Q $1,436 31,228 $3,276 $l,350 $0 $1,183 %630 $0 SS52 SO SO (ae�o� $0 (SIS) (5681 50 (5823J (S31JJ (5558) 30 (3320) BS{2) (86J9) (S1,698J (5199) (S256J (886aJ (5287) 30 (S246J (313!) 30 (s9aJ so 30 gist'a 2000yretim.zis