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HomeMy WebLinkAboutResolution 5085 . . . RESOLUTION NO. 5085 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A JOINT POWERS AGREEMENT FORMING THE RAMSEY COUNTY GIS USERS GROUP WHEREAS, the Ramsey County GIS Users Group was formed by interested cities in order to encourage organizations to cooperate through the sharing of resources, data and ideas, primarily for the establishment and maintenance of geographic information systems within local units of government; and, WHEREAS, there is a metropolitan-wide effort underway to establish geographic information systems in each of the seven metropolitan counties which would supply data and mapped information available from County records to their constituent cities; and, WHEREAS, the Ramsey County GIS Users Group is proposing a joint powers agreement between the cities and districts in Ramsey County, and University of Minnesota so this group will serve as a partner with Ramsey County in developing a county-wide geographic information system, and represent the cities in this effort; and, WHEREAS, a geographic information system offers the possibility of more comprehensive and quicker access to property-based information generated by the County; and, WHEREAS, Ramsey County's parcel map offers a base to which the cities can add comprehensive plan designations, zoning, land use, street names, addresses, water, sewer and storm drain lines, snow plow routes, and the pavement management program, and which can be used to track code enforcement cases, building permits, building and housing inspections, police calls for service, and participation in recreation programs, as examples; and, WHEREAS, a County-wide coordinated geographic information system will assist in such projects as the 35W Corridor Coalition; and, WHEREAS, joining the Ramsey County GIS Users Group will help the City of Mounds View's existing efforts to establish a geographic information system. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council hereby approves the Joint Powers Agreement forming the Ramsey County GIS Users Group, attached hereto as Exhibit A, and authorizes the Mayor and City Clerk-Administrator to execute this agreement in a form substantially similar to Exhibit A, and that the cost of the initial membership fee of$500 and the annual fee for 1997-1999 of$1,506 be paid from the MIS Account (100- 4139), . . . City County Resolution No. 5085 February 10, 1997 Page 3 BE IT FURTHER RESOL YED that the City Council hereby requests that the Joint Powers Agreement be further reviewed and that recommendations for any necessary amendments clarifying terms and provisions as recommended by the City Attorney be prepared for action by the City Council by resolution within 6 months of the date of this Resolution. Adopted this 10th day of February, 1997. ATTEST: (jQ/u . , Charles Whiting, c~-mnustrator (SEAL) C:\ot FICE\ Wi'WIN\ WPf,'OCS\SPECPROJ\GISMAP\USERJP ARES JOINT POWERS AGREEMENT . BETWEEN MEMBERS OF THE RAMSEY COUNTY GEOGRAPHIC INFORMATION SYSTEMS USERS GROUP This JOINT POWERS AGREEMENT is entered into pursuant to the provisions of Minnesota Statutes Section 471.59 between CITY OF MOUNDS VIEW body politic and corporate under the laws of the State of Minnesota and other bodies politic and corporate under the laws of the State of Minnesota for the purposes of forming 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 fonned 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 .)f the Users Group to be represented by the Users Group for the purposes of undertaking negotiations ano ransactions with Ramsey County and any other body politic. ARTICLE II. DEFINITIONS: Section 1. Members are 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 requisite fees, Section 2. Affiliate Members are those county, regional, state and federal agencies, local government organizations with regional jurisdiction and local government cooperative organizations with direct or indirel;t involvement in Ramsey County GIS activities, Affiliate membership must be approved by the Board. Affiliate Members are non-voting participants and are not eligible to serve on the Board. Section 3, Associate Members are those private sector companies invited by a Member to participate in the Users Group and who agree to pay requisite fees. Associates are deemed to be non-voting participants and are not eligible to serve on the User Group Board of Directors. . CITY COUNCIL RESOLUTION NO. 5085 EXHIBIT "A" Page One ARTICLE ill. USER GROUP STRUCTURE: -. Section 1. The Users Group will be governed and managed by a Board of Directors, Section 2. One Director will represent each Member organization. Section 3. Directors will be selected at the discretion of each Member organization. Section 4. The Board shall also have a Chair, Vice Chair, Secretary, Treasurer and a Fiscal Agent. Section 5, These positions are elected annually by the Board. Section 6. These positions are undertaken on a voluntary basis without pay. Section 7. A quorum will consist of at least a two-thirds attendance of full membership of the Board, Section 8, Decisions will be made by majority of the quorum. ARTICLE IV. DUTIES OF THE BOARD OF DIRECTORS: Section 1, The Board shall meet at least two times per year. Section 2. The Board 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 positions of Chair, Vice Chair, Secretary, Treasurer and Fiscal Agent. This meeting will allow the adoption of by-laws and other procedures governing the conduct of its meetings and its business as it deems appropriate. Section 3. The second mandatory annual meeting will be called by the Board to determine the User Group Budget, review the operating procedures within the Joint Powers 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 4, The Board shall approve and adopt the fonnula for the distribution of costs associated with access to Ramsey County GIS data and for the updating of physical features, This fonnula will be reviewed annually by the .Board, Section 5, The Board shall arrange for and facilitate regular meetings of the User Group and for User Group activities. Section 6. 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 communicating these proceedings to all Member organizations, The Treasurer is responsible for the funds and financial records of the Board. Section 7, 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 8, The Board may take such actions as it deems necessary and convenient to accomplish the general purposes of this agreement. Section 9,The Board shall purchase liability insurance on behalf of the Users Group to insure against liability of the Users Group and its constituent Members. Section 10. The Board may: (i) enter into contracts to carry out its powers and duties; (ii) provide for the prosecution, defense, or other participation 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 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 property from the state, the United States of America, and from other goverrunent units and may enter into agreements in connection therewith and hold, .se and dispose of such money or property in accordance with the tenus of the gift, grant, loan or agreement relating ~hereto_ Page Two ARTICLE V. NEW MEMBERS: Section 1, Those units of government who are not part of this initial agreement may join the Users Group at any time, -. Section 2, To become a Member, they must agree to sign the current Joint Powers Agreement. Section 3, The New Members will pay the current one-time membership fee and the data exchange fee as calculated by the current fonnula, Fees will not be pro-rated for new Members who join after January 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 County for the exchange of County GIS Data with Members at a preferential fee structure. A component of the fees will apply to the maintenance of digital physical features only after these features have already been updated from 1996 aerial photography, 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 Attribute Data Base as generated and maintained by the Department of Property Records and Revenue. (iii) The Physical Features File as generated and maintained by the Department of Public Works. Section 3, The Board will negotiate on behalf of the Members for the cost and method of access to this data, The Board must be satisfied as to the content, accuracy and timeliness of the data to be supplied, ARTICLE VIT. GIS DATA TO BE EXCHANGED AS PART OF THIS AGREEMENT: Section 1. A Member will agree to exchange any GIS data with Ramsey County and with any other Member ar Affiliate Member for its own use where that data has been in some way derived and developed from the County WbIS Data supplied as a result offuture agreements between the Users Group and Ramsey County, A Member will agree to exchange with Ramsey County and with any other Member or Affiliate Member, any attribute data that it has created and maintained where that data can be associated to a parcel using a parcel identifier. A Member will 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 the supply of data to Ramsey County or any Users Group Members 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: Section 1. All Members shall have equal rights to access Ramsey County GIS Data. Section 2. Data generated by Ramsey County and provided to Members may not be sold by Members to third party agencies. However, data may be used by a third party for specific contracted purposes. Data generated by Members and provided to Ramsey County may not be sold by Ramsey County to third party agencies, However, data may be used by a third party for specific contracted purposes, Section 3, Data derived from Ramsey County GIS Data by any Member may be sold or exchanged by that Member of the Users Group to a third party, . Section 4, All members will adhere to future Users Group license agreements for County or other agency lIS data. , Section 5, Associate Members will not have access to Ramsey County GIS Data except where directed by a Member to use data as part of a project under specific contracted guidelines, Page Three ARTICLE IX. DATA SECURITY: All Members of the Users Group agree to abide by the data privacy and data security standards of the supplying .gency when using data made available by that agency, ARTICLE X. FINANCIAL MATTERS: Section 1. The fiscal year of the Users Group is the calendar year. Section 2. The Board shall adopt an initial budget and must thereafter adopt an annual budget prior to July 1 of each year, The Board will 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 shared according to a method agreed upon by majority decision amongst the Board 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: Members and Associate Members will agree to pay a one-time membership fee of $500 to the Users Group for the calendar year 1997. The amount of this fee will be reviewed and set annually by the Board of Directors for new Members. Section 5. Data Access and Physical Features Maintenance Fee: Members will commit to a three-year payment of data access and physical features maintenance fees. Ramsey County will charge the Users Group 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 on an annual basis. The amount to be paid by each Member will be determined by the Board of Directors and will be reviewed annually, Section 6, Special Proiects Assessments: .1embers who wish to enter into special projects and consultations shall present proposals to the Board for review. xamples of special projects could be cooperative training or consortium purchase of software. Upon approval by the Board, those Members who are part of the project will be assessed to meet the cost of the project. Section 7. Billings to the Users Group Members are due and payable no later than 30 days after mailing. In the event of a dispute as to the amount of a billing, a Member must nevertheless make payment as billed to preserve membership status, The Member 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 membership, but the Users Group rights to billing are not affected by the termination of membership, ARTICLE XI. TERM Section 1. This agreement shall be in force through December 31, 1999, or until superseded by another agreement. Section 2. Based on the annual review of the operating procedures within the Joint Powers Agreement conducted by the Board of Directors, a new Joint Powers Agreement will be developed and circulated at least three months prior to December 31, 1999 and be agreed upon and signed on or before December 31, 1999, . Page Four ARTICLE XII. TERMINATION: Each member shall have the right to terminate its membership and participation in the Users Group with or without -eause by fonnal resolution of the board of the Member's organization. However, the Member is still obligated to its current financial commitments at the time of cessation of membership. These commitments include: (i) any balance of the Data Access/Physical Features Maintenance Fee. This commitment applies to all Members. (ii) any balance owing on Special Projects Assessments. This commitment applies to Members which have entered into any special project agreement(s). ARTICLE Xill. DISSOLUTION: Section 1. The Users Group 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 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 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 will be charged to and paid by the then existing Members in direct proportion to their cumulative annual contributions. . 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 relating to this Agreement. ARTICLE XIV. ACCESS TO DOCUMENTS: ARTICLE XV. HOLD HAR1'\fLESS: Section 1, Each Member agrees to defend, indemnifY and hold the other Members harmless from any claims, demands, actions or causes of action, including reasonable attorney's fees, against or incurred by such other Members, arising out of any act or omission on the part of the indemnifying Member or any of its agents, servants or employees in the perfonnance of or with relation to any of the work or services provided by Members under the tenns of this Agreement. Section 2. Nothing in this Agreement shall constitute a waiver by either Members or the Users Group of any limitation of liability under Minnesota Statutes Chapter 466. SECTION XVI. EOUAL EMPLOYMENT OPPORTUNITY: Section 1. The Members and the Users Group agree to comply with all federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, sexual preference, marital status, status with regard to public .ssistance, disability or age. Section 2, When required by law and requested by the other party, the Users Group shall furnish a written affinnative action plan to the Members, Page Five SECTION XVll. DATA PRACTICES: , Section 1, All data collected, created, received, maintained or disseminated for any purpose in the course " of either the Member's or the Users Group's performance of this Agreement is governed by the Minnesota eGovemment Data Practices Act, Minnesota Statutes Chapter 13, and rules adopted to implement the Act. Section 2. The Members and the Users Group agree to abide strictly by these statutes, rules and regulations. . . Page Six l '8N WITNESS WHEREOF the parties have caused this Agreement to be executed on this 10 thday of J [bvut'1 ~ ~997, ~~ ORGANIZATION CITY OF MOUNDS VIEW ::pr~ fA) 1Ud)4 ( Mayor / Chair / President ) By (kf[w0t- ( City Manager / Administl'(.lJ,;\' ) . . Page Seven