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06-350RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To COmmittee: Ddte RESOLVED, that pursuant to Minnesota Statutes 471.59, commonly referred to as the "Joint 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, to allow participation in the Ramsey County Geographic Information Systems (GIS) Users Group as a paid affiliate, which provides access to GIS information necessary to maintain the City's databases. Copies of said agreements to be kept on file and/or record in the Office of Financial Services. Adoption Certified by Council Secretary BY� � S i1.,�� Approv b Ma or: Dat 4 By : t ��'��'�1� Council File # �� 50 Green Sheet # 3029601 Z� Request d b ff'ce of Financial Services: By: v Matt Smith, Director Contract & Analysis Services Form ed by City Attorney By: Approved by Mayor for Submission to Council B 72�-� �. P ��-�-� c � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartrneM/office/countil: Date Initiated: O J �� jE - T��ologyandManagementServ 02-FES-06 Green Sheet NO: 3029601 Contact Person 8 Phone� �oartrnerrt - Sent Fo Person InitiaUDate Cindy Mullan � 0 e hool an aoa ement CgQ11V aZJI-✓DF.. � A55ign 1 inan 'al rvices Must Be on Council Agenda by (Date): Number Z � oe � For _ � ,E/,.� Routing 3 a or'sO�ce ��i� r Order 4 inao i 1 e'ces 5 ouncil Total # of Signature Pages �(Clip All Locations for Signature) - Action Requested: Signature on Council Resolurion approving participarion in the Ramsey Counry GIS (Geographic Information Systems) Users Group as a paid affiliate. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this persoNf+rm ever worked under a co�tract for this depaRme�t? CIB Committee Yes No Civil Service Commission 2. Has this person/firtn ever been a city employee? Yes No 3. Does this personffirm possess a skill not normally possessed by any current city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The previous joint powers ageement has expired and the Ciry seeks to renew its membership in the RC GIS Users Group so it can have access to updated properiy and geographic information for its databases. AdvanWpes If Approved: Participation in the Ramsey County Geographic Information Systems Users Group provides the City with needed geographic information for iu databases. DisadvantaStes If Approved: DCC[��/CD None nG G YC 4 ,-__ _. ,_>� , � - - b< s APR 4 Z006 - � �� — `� DisadvarrtaStes If Not Approved: FFICE '�� ' The City will have to gather this information at a higher cost. �� '�: ,�`�`�� ToWlAmountof �— �----- 7229.03 CosNRevenue Butlgeted: Y "' --- -- Transaction: ` - - ' -- � -- - . Fundinq Source: G2�e�al FUfld ActiviN Number: 01119 Financial Information: �� .�arn�, f -r,?,c � (6cplain) APR 0 t� 2�� JOINT POWERS AGREEMENT 0��3�� AMONG MEMBERSOF THE RAMSEY COIPVTY GEOGRAPHIC INFORMATION SYSTEMS USERS GROUP Tf�is JOINT POWERS AGREEMBNT (Ae eement) which shall have an efFecdve date of January 1, 2006, is encered into pursuant to the provisions of Minnesota Sratutes Section 47159 between body politic and coiporate under the laws of the State oi ;vfinnesota a�d other bodies poliUC and coiparate under the laws of the State of Minnesota for the purposes of forming the Ramsey Counry Geoa aphic Informalion System Users Group hereinafrer referred to as the Alisers Groups. 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 aa eement 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 negotiarions and transactions with Ramsey Counry and any other body politic. ARTICLE II. DEFINITIONS: Secbon 1. Members aze deemed to be those ]ocal umts of govemment, special putpose govemment units, local agencies and the Ramsey Conservation Dishict who have executed this Joint Powers Agreement and have paid fees as prov:ded in Article X. Secrion 2. Paying A�liates aze those county, regional, state and federal agencies, local government organizarions with regiona( jurisdiction, local govemment cooperative organizations, non-profit organizations and educuional insriturions with direct or indirect involvement in GIS activities that have paid fees as provided in Article X. Paying Affiliate membership must be approved by the Boazd. Paying A�liates aze �on- voring pazticipants and aze not eligible to serve on the Boazd. Secnon 3. Non-Paying Affiliates aze those representarives of county, regional, state and federal agencies, ]ocal govemment organizations with regional �urisdicrion, local govemment cooperative organizations, non-profit organizations and educational instimtions with direct or indirect involvement in GIS activities. Private sector enrities that aze contracted to perform GIS-related tasks For a Member can alsojoin as a Non-Paymg Affiliate. Regular AfFiliate membaship must be approved by the Boazd. Non-Paying Affiliates aze non-voring participants ue not eligible to senre on the Boazd, do not pay membership or fees as described an Article X, and aze not entitled to data access and exchange detailed in this ageement. ARTICLE IIL USER GROUP STRIICTURE: Secrion 1. The Users Crroup will be governed and managed by a Boazd of Directors (ABoazd=). Secrion 2. One Direc[or will represent each Member organizarion. Each Member orgamzation shail appoint one Director and an altemate to serve on the Board. Section 3. The Boazd shall also have the following officers: a Chair, Vice Chair, Secretary and Treasurer. Section 4. These officers aze elected annually by the Board. Section 5. These officers aze undertaken on a voluntary bas�s without pay. ' Secrion 6. A quorum will consist of at least a on�half attendance of full membership of the Boazd. Seccion 7. Decisions will be made by majority of the quorum. ARTICLE IR DUTIES OF TFIE BOARD OF DIRECTORS: Section I. The Board shail meet at ]east two times per year. Secrion 2. The Boazd shall conduct an organizational meeting no later than 30 days afta the effective date of this Agreement. The meeting will be called for the puiposes of electing the officer pos�dons of Chair, V ice Chair, Secretary and Treasurer. This meeting will allow the adoprion of by-laws and other procedures goveming the conduct of its meetings and iu business as it deems appropriate. 'I7us meeting will also be called by the Boazd to determine the liser Group Budget, review the operatmg procedures within this Agreement, and approve ageements with Ramsey Counry for the purposes oi GIS data exchange, data access, data delivery and the updating of physical features. Section 3. The Board shali approve and adopt the formula for the distribution of costs associated with access to Ramsey Counry GIS data and for the updating of physical features. This formula shall be reviewed annually by the Boazd. Section 4. The Boazd shall azrange for and facilitate regular meetmgs of the User Group and for User Group activities. ��-.�Sl� Secrion i. The Chair nresides at meetings of the Boazd. The Vice Chair vrill preside in the absence of the Chair. The Secretary is responsible for recording the proceedings of the Board and communicaring these pzoceedings to all Member or�anizazions. The Treasurer is resoonsible for ihe funds and financial records of the Boazd. Secrion 6. The Chair and the Treasurer must si� vouchers or orders disbursin� funds of the lisers Groun. Disbursemenc will be made in the method prescribed by law for statutory ciries. Section 7. The Boazd may take such actions as it deems necessary and convenient to accomplish the �enera] purposes of this A�eement SecSon S.The Boazd shall purchase liabilirv insurance on behatf of the lisers Group ro insure a�ainsc liabili[y of the lisers Group and its consrituent Members. Section 9. The Boazd may (i) encer into con�acts co cany out its powe� and duries, in iull compliance with any compedrive biddin� requiremencs imposed by State or locai law. (ii) pmvide for the prosecurion, defense, or otha pazriciparion in proceedings at law or in equiry in which it may have an interest; (iii) employ such persons as it deems necessary on a part-rime, iull-time or consulrancy basis; (iv) purchase, hold or dispose of reat and personal property; (v) contracc for space, commodities or personal services with a Member or group of Members; (vi) accept a fts, apply for and use �ants or loans of money or other property from the state, the linrzed States of America, and from other government units and may enter into agreemenu in connecrion therewith and hold, use and dispose of such money or properry in accordance with the terms of the e ft, a ant, loan or aa eement relating thereto. (vii) appoint a fiscat agent; ARTTCLE V. NEW MEMBERS: Section 1. Those units of government who aze not pazt of this initial Agreement may join as Members of the Users Group at any time. Section 2. To become aMember, a iocal unit of govemment shall adopt a resolution and shall sign the cuttent Agreement. Section 3. The New Vtembers and Paying Affiliates will pay the cucrent one-rime membership fee and the data exchange fee due fox 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 will not be pro-zated for new Members who join after January I of each yeaz. ARTICLE VI. GIS DATA TO BE SUPPLIED BY RAMSEY COUNTY: Secnon 1. It is the intent of this Agreement that the Users Group will negotiate an agreement with Ramsey Counry for the exchange of County GIS Daca with Members and Paying Affiliates at a preferential fee structure. A component of ffie fees will apply to the maintenance of digital physical features from aena] photography captured Counry-wide on a three yeaz basis. Section 2 The GIS Data should consist of the following components: (i) The Ramsey Covnry Digital Base Map as generated and maintained by the County. (ii) The Ramsey Counry Athibute Data Base as generated and maintained by the Counry. (iii) The Physical Features File as generated and maintained by the Counry. Section 3. The Boazd wiIl negoriate on behalf of the Members and Paymg Affiliates for the cost and method of access to this data Prior to each annua] payment to Ramsey Counry, 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 sha11 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 Counry GIS Data as a result of th�s Agreement or future agreements between the Users Group and Ramsey County. Members agree to exchange with Ramsey County and with any other Member, any attribute data that it has created and maintained where that data can be associated to a pazcel using a parcel identifier. Members also agree to exchange any building pemut data deemed by Ramsey Counry as necessary for the identi5cation of future physical feamre data base updates. Secrion 2. The Boazd will negotiate with Ramsey Counry on behalf of the Members in all matters deemed necessary relaring to supply of GIS data generated by a Member. Seciion 3. Any costs assoc�ated with a Utember supplying data to Ramsey Counry or to any other Member shall be for access and delivery of that data only and not for any costs associaced with the development of that daca ARTICLE VIII. DATA ACCESS AND USAGE: Section 1. All Members and Paying Affiliates shall have equai nghts to access Ramsey County GIS Data. Secnon 2. Data generated by Ramsey Counry and provided co Members and Payine Affiliates may not be sold in its onginal form to third party agencies. However, a Member or Paying Affiliate may allow use of the ongmal data by a third party 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 original form to third party agencies. However, Ramsey Counry may ailow use of the original data by a third party for specific contracted purposes. ��- 3S0 Secrion 3. Data which results from enhancement by a.blember or Paying Affiliate of Ramsey Commty GIS Dara, received pursuant to ffiis A�eement, may be sold or exchan�ed co a[hird pazry. Section 4. All Membe:s and Payin� Afnliates will adhere [o future Users Group license agreements for County or other aaeacy GIS data. ARTICLE IX. DATA SECIIRITY: Al] Members aod Payin� P,fSliates of the Useis Group a�ee to abide by the data privacy and dzra securiry srandards of the supplying agency when using data made available by thaz a�ency. ARTICLE X. FINANCIAL MATTERS: Secrion I. The fiscal year of the Users Group is the calendaz year. Secrion 2. The Boazd shall adopt an ininal budget and must thereafter adopt an annual bud�et prior to July 1 of each yeaz for each succeeding year. The Boaz'd will a ve an oppommiry to each Member to comment or object to the proposed budget before adoption. Norice of the adopted budget must be mailed promptly thereafter to the chief administrative ofFicer of each Member organ�zarion. Section 3. Operarional cosu shall be shazed accordmg to a method agreed upon by majority decision of the Boazd of Directors. The costs could be met by membecship fees. These cASts cAUld include Users Group admmishative costs, purchase of liability insurance and others as appropriate. Section 4. Membership Fee: New Members and new Paying Affiliates shai] pay a one-rime membership fee of $500 to the Users Group for the calendaz year 2006. The aznount of this fee shall be reviewed and set annually by the Boazd of Directors for new Members and new Paying Affi]iates. Section 5. Data Access and Physical Features Maintenance Fee: Members and Paying Affiliates shall commit to a three-year payment of data access and physical features mamtenance fees, except where a one-year limitation is imposed by State Starutes. Ramsey Counry will charge the Users Group on an annual basis for unlimited access to the Ramsey Counry GIS Data. This fee will be paid to Raznsey Counry 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 Afflliates will be determined by the Boazd and will be reviewed annually. Secrion 6. Special Proj ects Assessments: Members and Paying Affiliates who wish to enter into special projects and consulrahons shall present pmposals to the Boazd for review. Exaznples of special projects could be cooperative a�aining or consortium purchase of software Upon approval by the Boazd, those Members and Paying Af&liates 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 amommt 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 m dispute the bill and exacise 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 teanination of inembershlp, but the Users Crroup rights to receive payment aze not affected by the termination of inembership. ARTICLE XI. TERM Secrion 1 This Ao eement shall be in force through December 31, 2008, or until superseded by another agreement. Section 2. Based on the annuai review of the opesating procedures within the Agreement conducted by the Boazd, a new Aa eement will be developed and circulated at least three months prior to December 31, 2008 and be agreed upon and signed on or before December 31, 2008. ARTICLE XII. TERMINATTON: Each Member or Paying Affiliate 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 wnting. However, the �Iember or Paying Affiliate is srill obligated to its financial commitments for the yeaz during which termmation of inembership occurs. These commitments include: (i) any balance of the Data Access/Phys�cal Features Maintenance Fee. This commitment applies to all Members 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 aa eement(s). Termination of inembership prior to �piratian of the Agreement shal] make a local unit of government inelip ble to reyoin as a Member or Paymg Affi]iate under the current Agreement. ARTICLE XIII. DISSOLUTION: Section 1. The Users Group may be dissolved by a two-thirds vote of its Members in good standing. Dissolurion is mandatory when the Secretary has received certified copies of resolutions adopted by the goveming bodies of the required Members requesting dissolution of the Users Crroup. Section 2 In ffie event of dissolurion, the Boazd must determine the measures necessary to affect the dissoluuon and must provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this agreement and law. ��-3S� Secdon 3. in the event of dissolution, foilowing the payment of all outstandin� obli�arions, assets of the Users Group will be dis�ibuted aznon� the thrn existin� Members and Paying Affiliates in direce proponion to their cumulative annual conuiburions. If those obligarions �ceed the assets of the lisers Group, the net deficit of the Users Groun will be charged to and paid by the then exiscing Members and Paying Aff liatc in direct proportion to their cumularive annual contriburions. ARTICLE XIV. ACCESS TO DOCUMENTS: Unti1 the expiracion of three years aicer this A3eement cerminazes, che lisers Group sha11 make available to the Member organizarions and to the State Auditor, a copy of this A�reement and books, documents, accounring procedures and practices of the lisers Gtoup relacing to this A�eement. ARTICLE XV. FIOLD HARMLESS: Section 1. Each Member or Paying Affiliate a�ees to defend, indemniry and hold the otha Yfembers or Paying Af&Iiaces hazmless from any claims, demands, acaons or causes of action, includin� reasonable attomeys fees, againn or incuired by such other Members or Paying Affiliaces, for injury to, death of, or damage to the properry of any third person or persons, arising out of any act or omission on the part of the indemnifying Member or Paying AfFiliate or any of its agents, servanu 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 Secuon 2. Nothing in this Agreement shal] constimte a waiver by either Members or Payin� Affiliates or the Users Group of any limitation of liabiliry under Minnesota Stamtes Chapter 466. Section 3. Under no circumstances, however, shal] a Member or Paying Affiliate be required to pay on behalF of itself and other Members or Paying Affiliates, any amounts in excess of the limits on liability establ3shed in Minnesota Statutes Chapter 466 applicable to any one Member or Paying Affi]iate. The limits of liabiliry for some or all of the Members or Paying Affiliates may not be added together to determine the maYimum amount of liability for any Member or Paying Affiliate. SECTION XVI. EOUAL EMPLOYMENT OPPORTUNITY: Section 1. The Members and Paymg Affiliates and the Users Crroup agree to comp}y with all federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discriminarion on account of race, color, creed, religion, national origm, sex, sexual preference, marita] status, status with regazd to public assistance, disability or age. Secrion 2. When required by law and requested by the other party, the Usas Group shall fiun�sh a written affirmarive acrion plan to the Members and Paying Affiliates. SECTION XVII_ DATA PRACTICES: Section I. All data collected, created, received, maintained or disseminated for any puipose in the course of either the Member's or Paying Affiliate's or the Users Group's performance of this Agreement is govemed by the Minnesota Govemment Data Practrces Act, Minnesota Statutes Chapter 13, and rules adopted to implement the Act. ' SecUOn 2. The Members and Pa}nng Affiliates and the Users Group agree to abide strictly by these staNtes, mles and rea lations. IN WITNESS WHEREOF the parties have caused this Agrcement to be executed on this _ day of ,_ CITY OF SAINT PAUL, MINNESOTA Approved: � Chnstopher B. Coleman, Mayor By: �� Matt Smith, Directc�r �ce of Financial Services Approved as to Form: Assistant City Attomey By: �i�.EyiY�.� -`" yYLLC�LJ-,�i� Cynthia A. Mullan, Acting Director Office of Technology