04-423Council File # � e ya3
. Green Sheet # �o'� �W
RESOLUTION
SAINT PAUL, MINNESOTA /�
�
Presented By
Referred To
Committee: Date
RESOLVED, that pursuant to Minnesota Statutes 471.59, commonly referred to as the "7oint
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Powers Act," the proper City of Saint Paul officials are hereby authorized and directed to execute
the attached joint powers agreement and subsequent renewals, with Ramsey County Geographic Tnformation
Systems Users Crroup, said agreement providing for an alliance of public agencies interested in using
Geographic Information Systems and data created and maintained by Ramsey County, copies of said
agreements to be kept on file and/or record in the Office of Financial Services.
Adop � _ , ,_ .. , . _ .
Adop
By:
Appr
By:
Requested by Department of:
Office of Technolocrv - Karen Johnson
By : ✓�"7'�-�
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DepartrnenUOfficeicouneiF. Date initiated:
rE �e�olo��a���� ��R_� Green Sheet NO: 3014855
Contad Person 8 Phone: Deoartrnent SeM To Person InitiallDate
Karen JohnSOn �� 0 echnol and Mana em nt S �
� 8910 Assi9n 1 echnolo andMan em ntS De artmentDirector � IN��� �
Must Be on Council Agenda by (Date): Number y - Attom
For
Routing 3 or's Oflice Ma or/ sistant
Order 4 u ci
5 ' C7erk Ci lerk
Totai # of Signature Pages _(Clip All Lowtions for Signature)
Action Requested:
Resolution for an alliance of public agencies interested in using Geographic Information Systems and data created and maintained by
Ramsey County.
Recommendations: Approve (A) or Reject (R): personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this persoNfirm ever worked under a contrad for this departmenY?
CIB Committee Yes No
Civif Service Commission 2. Has this personlfim ever been a cAy employee?
Yes No
3. Dces this person/firtn possess a skill not normally possessed by any
curcent city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (WF�o, What, When, Where, Why)•
AdvantaaeslfApproved: �
Disadvantages If Approved:
Disadvantages If Not Approved: .
Total Amount of CosURevenue Budgeted:
Trensaction: pq-ppq y � � �. _
F/09'�: :°'.^.Hr;`ntrv .
Funding Source: Activity Number: ' '
Financiallnfortnation: � ��`�
(Explain) y;�� � '�'�
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JOINT POWERS AGREEMENT
aMOVc
MEMBERS OF
THE RAMSEY CO UNTY G�OGRAPHIC INFORMATION SYSTEMS USERS GROUP
This JOINT POWERS AGREEMENT (Agreement), which shall have an effective date of January 1, 2003, is
entered into pursuant to the provisions ofMinnesota Statutes Section 471.59 between
body politic and corporate under the laws ofthe State ofMinnesota and other bodies politic and corporate under the
laws of the State of Minnesota for the purposes of formin� the Ramsey County Geoa aphic 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 Users Group to be represented by the Users Group for the purposes of undertaking negotiations and
transactions with Ramsey County and any other body politic.
ARTICLE II. DEFINITIONS:
Section 1. Members aze deemed to be those local units of government, special purpose govemment units,
local agencies and the Ramsey Soil & Water Conserva6on 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 govemment
organi wiin regionai jurisdiciion, iocai govemment cooperafive organizations, non-profii organizations and
educational institutions with duect or indirect involvement in GIS activities who have paid fees as provided in
Article X. Paying Affiliate membership must be approved by the Board. Payina Affiliates are non-votina
participants and are not eiigi6le to serve on the Boazd.
Section 3. Non-Paying Affiliates are those representatives of county, regional, state and federal agencies,
local govemment organizations with regional jurisdiction, local government cooperative organizations, non-profit
organizations and educational institutions with direct or indirect involvement in GIS activities. Private sector
entities wfio aze contracted to perform GIS-related tasks for a Member can also join as a Non-Paying Affiliate.
Regular Affiliate membership must be approved by the Board. Non-Paying Affiliates are non-voting participants are
not eligible to serve on the Board, do not pay membership or fees as described in Article X, and are not entitled to
data access and exchange detailed in this agreement.
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ARTICLE III. USER GROUP STRUCTURE:
Section l. The Users Crroup will be govemed and managed by a Boazd of Duectors (ABoaz�).
Section 2. One Director will represent each Member organizarion. Each Member organization shall appoint
one Director and an altemate to seroe on the Boazd.
Section 3. The Boazd shall also have the following officexs: a Chair, Vice Chair, Secretary and Treasurer.
Section 4. These officers are elected annually by the Boazd.
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 Board.
Secrion 7. Decisions will be made by majority of the quonun.
ARTICLE IV. DUTIES OF THE BOARD OF DII2ECTORS:
Section l. The Board shall meet at least rivo times per yeaz.
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. Tlus meeting will allow the adoption of by-laws and other procedures goveming the conduct of its meetings and its
business as it deems appropriate. This meeting will also be called by the Boazd to deteimine the Usex Crroup Budget, review
the operating pxocedures within ttus 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 Boazd shall approve and adopt the formula for the distriburion of costs associated with access to
Ramsey County GIS data and for Yhe updating of physical features. This formula shall be reviewed annually by the Boazd.
Section 4. The Boazd shall arrange for and facilitate regulaz meetings of the User Group and forUser Group activities.
Section 5. The Chair presides at meetings of the Board. The Vice Chair will preside in the absence of the Chair. The
Secretary is responsible for recording the proceedings of the Board and coxnmunicating these proceedings to all Member
organizations. The Treasurer is responsible for the funds and &nancial 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.
Secrion 7. The Boazd may take such actions as it deems necessary and convenient to accomplish the general purposes
of this Agreement.
Section 8.The Boazd shall purchase liability insurance on behalf of the Users Group to insure against liabilily of the
Users Group and its consrituent 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.
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have an interest;
(iri) 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 property;
(v) contract for space, commodities or personal services with a Member or group of Members;
(vi) accept gifts, apply for and use grants or loans of money or other properry from the state, the United States of
America, and from other govemment units and may enter into agreements in connection 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;
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ARTICLE V. NEW MEMBERS:
Section 1. Those units of govemment who are not part of this Agreement may j oin as Members of the Users Group at
any time.
Secrion 2. To become a Member, a local unit of government shall adopt a resolurion and shall sign the current
Agreement.
Secrion 3. The New Members and Paying Affiliates will pay the current one-time membership fee and the data
exchange fee due for the yeaz in which the new Member is joining as set by the Boazd in Article IV, Section 4, as calculated by
the current formula. Fees will not be pro-rated for new Members who join after January 1 of each yeaz.
ARTICLE VI. GIS DATA TO BE SUPPL�D BY RAMSEY COUNTY:
Secrion 1. It is the intent of ttris Agreement that the Users Group will negotiate an agreement with R.amsey County for
the exchange of County GIS Data with Members and Paying Affiliates at a preferential fee shucture. A component of the fees
will apply to tUe maintenance of digital physical features from aerial photography captured County-wide 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 Attdbute Data Base as generated and ivaintained by the Deparhnent of Properiy Records
and Revenue.
(iii) The Physical Features File as generated and maintained by the Department o£Public Works.
Secrion 3. The Board will negotiate on behalf of the Members and Paying Affiliates for the cost and method of access
to this data. Prior to each annual payment to Ramsey County, the Board shall deternune whether it is satisfied with the
content, accuracy and timeliness of the data provided to date and make a determination if further payment shall be made.
ARTICLE VII. GIS DATA TO BE EXCHANGED AS PART OF THIS AGREEMENT:
Section 1. Members agree to exchange any GIS data with Ramsey CounTy and with any requesting Member 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 tbis Agreement or future agreements between the Users Crroup and Racnsey County. Members agree to exchange with
Ramsey County and with any other Member, any ath data that it has created and maintained where that data can be
associated to a parcel using a pazcel 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 GTS data generated by a Member.
Secrion 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 VITI. DATA ACCESS AND USAGE:
Secrion 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
parly for specific contracted purposes. Data generated by Members or Paying Affiliates and provided to Ramsey County may
not be sold by Raxnsey County in its original form to third party agencies. However, Ramsey County may allow use of the
original data by a third party for specific contracted purposes.
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. All Members and Paying Affiliates will adhere to future Users Group license agreements for County or
other agency GIS data.
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ARTICLE iX. DATA SECIIRITY:
All Members and Paying Affiliates of the Users Crroup 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 l. The fiscal yeaz of the Users Group is the calendar year.
Section 2. The Boazd shall adopt an initial budget and must thereafter adopt an annual budget prior to 7uly 1
of each year for each succeeding yeaz. The Boazd will give an opporhxnity to each Member to comment or ob}ectto
the proposed budget before adoption. Notice of the adopted budget must be mailed promptly thereafter to the chief
administrative officer of each Member organizarion.
Section 3. Operational costs shall be shazed according to a method agreed upon by majority decision ofthe
Board of Airectors. The costs could be met by membership fees. These costs could include Users Crroup
administrative costs, purchase of liability insurance and others as appropriate.
Secrion 4. Membership Fee:
New Members and new Paying Affiliates shall pay a one-rime membership fee of $500 to the Users Group . The
amount of this fee shall be reviewed and set annually by the Board of Directors for new Members and new Paying
Affiliates.
Secrion 5. Data Access and Physical Features Maintenance Fee:
Members and Paying Affiliates shaIl 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 iSsers Group on behalf of the Membeis and Paying Affiliates on an annual basis. The amount
to be paid by each Member and Paying Affiliates will be deternuned by the Board and will be reviewed annually.
Section 6. Special Projects Assessments:
Members and Paying A�liates who wish to enter into special projects and consultarions shall present proposals to
the Boazd for review. Examples of special projects could be cooperative training or consortium purchase of
software. Upon approval by the Board, those Members and Paying Affiliates who are part of the project will be
assessed to meet the cost of the project.
Section 7. Billings to the Members and Paying Affiliates aze 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 Affiliate
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
billing within 60 days results in suspension of voting privileges of the Member Director . Failure to pay a billing
within 120 days is grounds for termination of inembership, but the Users Crroup rights to receive payment are not
affected by the termination of inembership.
ARTICLE XI. TERM
Section 1. This Agreement shall be in force through December 31, 2005, or until superseded by another
agreement.
Section 2. Based on the annual review of the operating procedures within the Agreement conducted by the
Boazd, a new Agreement will be developed and circulated at least three months prior to December 31, 2005 and be
agreed upon and signed on or before December 31, 2005.
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ARTICLE XII. TERD'fIl�iATION:
Each Member or Paying Affiliate shall have the right to tennivate 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 Affiliate is still obligated to its financial
commitments for the year during which ternvnation of inembership occurs. These commitments include:
(i) any balance of the Data Access/Physical Features Maintenance Fee. This commitment applies to all
Membeis and Paying Affiliates.
(ii) any balance owing on Special Projects Assessments. This commitment applies to Members and Paying
Affiliates which have entered into any special project agreement(s).
Termination of inembership prior to expuation ofthe Agreement shall make a local unit of government ineligible to
re j oin as a Member or Paying Affiliate under the current Agreement.
ARTICLE XIII. DISSOLUTION:
Section 1. The Users Crroup may be dissolved by a two-thirds vote of its Members in good standing.
Dissolution is mandatory when the Secretary has received certified copies of resolutions 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 determiue tbe 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 Crroup will be chazged to and paid by the then existing Members and Paying Affiliates in direct proportion to
their cumulative annual contributions.
ARTICLE XIV. ACCESS TO DOCUMENTS:
Until the expiration of three yeazs after this Agreement tenuinates, the Users Cnoup shall make available to the
Member organizations and to the State Auditor, a copy of this Agreement and books, documents, accounring
procedures and practices of the Users Crroup relating to this Agreement.
ARTICLE XV. HOLD HARMT,ESS:
Secrion 1. Each Member or Paying Affiliate agrees to defend, indemnify and hold the other Ivlembers or
Paying Affiliates harmless from any claims, demands, actions or causes of action, including reasonable attorneys
fees, against or incurred by such othez 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.
Section 2. Nothing in this Agreement shall consritute a waiver by either Members or Paying Affiliates or the
Users Group of any limifation of liability under Minnesota Statutes Chapter 466.
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SECTION XVI. EOUAL EMPLOYMENT OPPORTIINITY:
Secrion 1. The Members and Paying Affiliates and the Users Group agree to comply with all federal, state
and local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discriminarion
on account ofrace, color, creed, religion, narional origin, sex, sesual preference, marital status, status with regazd to
public assistance, disability or age.
Section 2. When required by law and requested by the other party, the Users Gzoup shall fuinish a written
affinnative action plan to the Members and Paying Affiliates.
SECTION XVII. DATA PRACTICES:
Section 1. All data collected, created, received, maintained or disseminated for any putpose in the course of
either the Member's or Paying Affiliate's or the Users Group's performance of this Agz'eement is govemed 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 regulations.
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IN WITNESS WHEREOF the parties have caused this Agreement to be executed on this _ day of
2003.
ORGANIZATION
Approved:
( Mayor i Chair / President )
�
( CityManagerlAdministrator )
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