HomeMy WebLinkAboutResolution 5140
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RESOLUTION NO. 5140
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RE-APPROVING THE JOINT POWERS AGREEMENT FOR THE
RAl\lSEY COUNTY GEOGRAI>HIC INFORMATION SYSTEMS USERS GROUP
WHEREAS, on February 10, 1997, the Mounds View City Council adopted Resolution
No. 5085 approving a joint powers agreement which formed the Ramsey County Geographic
Information System (GIS) Users Group; and,
WHEREAS, Resoiution No. 5085 included a provision stating 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"; and.
WHEREAS, the GIS Users Group Board of Directors has prepared and accepted
revisions to the Joint Po\vers Agreement which address the City Attorney's recommendations,
and has forwarded the revised agreement to the member cities for re-approval
NOW, Tl-l..EREFORE, BE IT RESOLVED that the lVlounds View City Council hereby re-
approves the Joint Powers Agreement t'orming the Ramsey County GIS Users Group with the
revisions prepared by the GIS Users Group Board of Directors, attached hereto and incorporated
herein as Exhibit A.
Adopted this 23 rd day of June, 1997.
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JOINT POWERS AGREEMENT
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AMONG
MEMBERS OF
THE RAMSEY COUNTY GEOGRAPHIC INFORMATION SYSTEMS USERS GROUP
This JOINT POWERS AGREEMENT (Agreement), which shall have an effective date of January 1, 1997, is entered
into pursuant to the provisions of Minnesota Statutes Section 471.59 between
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".
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ARTICLE I. INTENT OF THIS AGREEMENT:
111995, 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. DEFINmONS:
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 fees as provided in Article X.
Section 2. Affiliates are those county, regional, state and federal agencies, local government organizations
with regional jurisdiction, local government cooperative organizations, non-profit organizations and educational
institutions with direct or indirect involvement in GIS activities. Affiliate membership must be approved by the
Board. Affiliates are non-voting participants and are not eligible to serve on the Board.
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CITY COUNCIL RESOLUTION NO. 5140
EXHIBIT "A"
Page One
ARTICLE ill. USER GROUP STRUCTURE:
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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 alternate to serve on the Board.
Section 3. The Board shall also have the following officers: a Chair, Vice Chair, Secretary and Treasurer.
Section 4. These officers are elected annually by the Board.
Section 5. These officers are 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.
Section 7. 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 officer positions of Chair, Vice Chair, Secretary and
Treasurer. 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 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 4. 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 5. The Board shall arrange for and facilitate regul.ar 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
w..:retary is responsible for recording the proceedings of the Board and communicating these proceedings to all Member
,rganizations. The Treasurer is responsible for the funds and [mancial 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, in full compliance with any competitive bidding
requirements imposed by State or local law.
(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 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 property from the state, the United States of
America, and from other government units and may enter into agreements in connection therewith and hold, use and dispose of
such money or property in accordance \vith the tenns of the gift, grant, loan or agreement relating thereto.
(vii) appoint a fiscal agent;
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Page Two
ARTICLE V. NEW MEMBERS:
. . Section 1. Those units of government who are not part of this initial Agreement may join as Members of the Users Group
. y tune.
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 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 Board in Article IV, Section 4, as calculated by the current formula. Fees will
not be pro-rated for new Members who join after] anuary 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. 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 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
questing 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 attribute 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 VIII. 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 in its original form
to third party agencies. However, a Member may allow use of the original data by a third party for specific contracted purposes.
Data generated by Members and provided to Ramsey County may not be sold by Ramsey Cotll1ty 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 results from enhancement by a Member of Ramsey County GIS Data, received pursuant to this
Agreement, may be sold or exchanged by this member to a third party.
Section 4. All members will adhere to future Users Group license agreements for County or other agency GIS data.
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Page Three
ARTICLE IX. DATA SECURITY:
, . 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 for each succeeding 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 of 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 shall pay a one-time membership fee of$500 to the Users Group for the calendar year 1997. The amount
of this fee shall be reviewed and set annually by the Board of Directors for new Members.
Section 5. Data Access and Physical Features Maintenance Fee:
Members shall commit to a three-year payment of data access and physical features maintenance fees, except when~
a one-year limitation is imposed by State Statutes. Ramsey County will charge the Users Group on an annual basis
~Unlimited access to the Ramsey County GIS Data. This fee will be paid to Ramsey County by the Users Group
ehalf of the Members on an annual basis. The amount to be paid by each Member will be determined by the
ard and will be reviewed annually.
Section 6. Special Projects Assessments:
Members who wish to enter into special 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 Board, those Members who are part of the project will be assessed to meet the cost of the project.
Section 7. Billings to the 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
receive payment 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 Agreement conducted by the
Board, a new 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.
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Page Four
ARTICLE XII. TERMINATION:
Each member shall have the right to terminate its membership and participation in the Users Group with or withou:
.use by ~o~al re~olution o.f the Me~ber' s o~ganization and commu~cated .to the ~oar~ in writing. Ho~ever, th=
ember IS still obligated to ItS financIal COmmItments for the year dunng which temunatlOn of membership OCClli~
;'hese commitments include:
(i) any balance of the Data Access/Physical Features Maintenance Fee. This commitment applies to aT
Members. .
(ii) any balance owing on Special Projects Assessments. This commitment applies to Members which hav=
entered into any special project agreement(s).
Termination of membership prior to expiration of the Agreement shall make a local unit of government ineligible::
re-join as a Member under the current Agreement.
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 goveI1linf
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 th=
dissolution and must provide for the taking of such measures as promptly as circumstances permit, subject to ~
provisions of this agreement and law.
Section 3. In the event of dissolution, following the payment of all outstanding obligations, assets of th::
Users Group will be distributed among the then existing Members in direct proportion to their cumulative anmuL
contributions. If those obligations exceed the assets of the Users Group, the net deficit of the Users Group will ~
I!////Iil..arged to and paid by the then existing Members in direct proportion to their cumulative annual contributions.
. ARTICLE XIV. ACCESS TO DOCUMENTS:
Until the expiration of three years after this Agreement terminates, the Users Group shall make available to 1:h=
Member organizations and to the State Auditor, a copy of this Agreement and books, documents, accouIlting
procedures and practices of the Users Group relating to this Agreement.
ARTICLE XV. HOLD HARMLESS:
Section 1. Each Member agrees to defend, indemnifY and hold the other Members harmless from any clainl5...
demands, actions or causes of action, including reasonable attorney's fees, against or incurred by such othe:-
Members, arising out of any act or omission on the part of the indemnifying Member or any of its agents, serv~
or employees in the performance of or with relation to any of the work or services provided by Members under 6=
terms of this Agreement.
Section 2. Nothing in this Agreement shall constitute a waiver by either Members or the Users Group of any
limitation ofliability 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 a:
.e, color, creed, religion, national origin, sex, sexual preference, marital status, status with regard to pubii:
istance, disability or age.
Section 2. When required by law and requested by the other party, the Users Group shall furnish a writte:.
affirmative action plan to the Members.
Page Five
SECTION XVII. DATA PRACTICES:
. . Section 1. All data collected, created, received, maintained or disseminated for any purpose in the course
f either the Member's or the Users Group's perfonnance of this Agreement is governed by the Minnesota
Jovernment 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.
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Page Six
. ...r WITNESS WHEREOF the parties have caused this Agreement to be executed on this ~ day of.
997.
June
City of Mounds View
,
Acting Mayo ,Roger Koopmeiners
( Mayor / Chair / President )
By &2fLO~
Charles S. Whiting
( City Manager / Administrator )
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.. 10, 19" M,'DJW\WPOOCS,VSERGRI'IJP AFlNAL-DOC
Page Seven
JOINT POWERS AGREEMENT
AMONG
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MEMBERS OF
THE RAMSEY COUNTY GEOGRAPHIC INFORMATION SYSTEMS USERS GROUP
This JOINT POWERS AGREEMENT (Aweement), which shall have an effective date of January 1. 1997. is entered
into pursuant to the provisions of Minnesota Statutes Section 471.59 between
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 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
.ansactions with Ramsey County and any other body politic.
ARTICLE n. 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 reqaisite fees as provided in Article X.
Section 2. Affiliates. Mehlbers are those county, regional, state and federal agencies, local government
organizations with regional jurisdiction, and local government cooperative organizations, non-profit orianizations
and educational institutions with direct or indirect involvement in RAl115ey Count)' 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 J. Associate Membe. s me those pri vate sectol coulpanies ill. v ited by a Membel to pal tidpate in the
Users Glonp mid wllo agree to pay lequisite fe,s. AS50date5 ale deemed to be non-voting pZl.lticipant5 and are not
eligible to sene 011 the User Gloap Doard ofDirectoIs. (See by-laws)
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Page One
COPY OF l\GR~EI\u:mT SHOIJING Z\DDITIONS AND DELETIONS BY UNDERLINING AND STRIKEOUTS
ARTICLE In. USER GROUP STRUCTURE:
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Section 1. The Users Group will be governed and managed by a Board of Directors ("Board"),
Section 2. One Director \\ill represent each Member organization. Each Member organization shall appoint
one Director and an alternate to serve on the Board.
Scaiol1 J. Dirc,c.to, ~ ?t ill be selcctcd at the discretion of eAch ~kmbcr org/l1tlLation.
Section 4_J The Board shall also have the following officers: a Chair, Vice Chair, Secretary ID1d Treasurer.
and A fiSCAl Agent.
Section 5.1 . These officers positions are elected annually by the Board.
Section 62. These officers positions are undertaken on a voluntary basis without pay.
Section 7-,2. A quorum "ill consist of at least a rno-thirds one-half attendance of full membership of the
Board.
Section ~ 1. Decisions \\ill 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 effectivc date of this
Agreement. The meeting will be called for the purposes of electing the officer positions of Chair, Vice Chair, Secretary and
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 tI,e Joint Pov.ers 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 4. 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 wilt shall 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 \\ill preside in the absence of the Chair. Thc
ecretary 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
"ill 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.Thc 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, in full compliance with anv competitive bidding
requirements imposed bv State or local law.
(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 ofreaI ~ 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 ofmoncy or other property from the state, the United States of
America, and from other government 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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Page Two
ARTICLE V. NEW MEMBERS:
Section 1. Those units of government who are not part of this initial Agreement may join as Members of the Users Group
- at any time.
Section 2. To become a Member, tilt) It'ltl!\t agrcG to a local unit of government shall adopt a resolution and shall sign the
current Joint Po>\ers Agreement.
. Section 3. The New Members will pay the current one-time membership fee and the data exchange fee due for the year
which the nev.' Member is ioining as set bv the Board 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 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 Dom d
nlast be s~fi.od as to Prior to each annual payment to Ramse;}: County. the Board shall determine whether it is satisfied with the
conterit,. accuracy and timeliness of the data to be snpplied provided to date and make a determination if further payment shall be
Ill&k.
ARTICLE VII. GIS DATA TO BE EXCHANGED AS PART OF THIS AGREEMENT:
Section 1. -it Member~ will agree to exchange any GIS data \\ith Ramsey County and with any other requesting Member
or Affihat:c Mcn1bcI forits the requesting parties O\\TI use where that QlS. data has been in some way derived and developed from
_County GIS Data sapplied as a result of this Agreement or future agreements between the Users Group and Ramsey County.
Aember.s wiD agree to exchange v.ith Ramsey County and v.ith any other Member or Affiliate Mcmber, any attribute data that
nas created and maintained where that data can be associated to a parcel using a parcel identifier.-A Member~ wiH 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 v.ill negotiate v.ith 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 v.ith the suppl.' of a Member supplying data to Ramsey County or to anv other Member
ml) USClS Croup Membc.rs shall be for access and delivery of that data only and not for any costs associated \\ith the development
of that data.
ARTICLE VIII. 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 in its ori&inal form
to third party agencies. However, &ta mAy be used by a third p~ a Member may allow use of the original data b.y a third part)'
for specific contracted purposes. Data generated by Members and provided to Ramsey County may not be sold by Ramsey County
in its ori&inal form to third party agencies. However, Ramsey County m'IY allow use of the original data mllj be nsed by a third
party for specific contracted purposes.
Section 3. Data deri, ed fi om Ramse) Com'l~ CIS Data b} ll11Y Member Ill'" be sold or exc-hanged by that Member of
the Users CHmp to a third party. Data which results from enhancement by a Member of Ramsey County GIS Data received
pursuant to this Agreement may be sold or exchanged by this member to a third party.
Section 4. All members will adhere to future Users Group license agreements for County or other agency GIS data.
SectionS. Associate Membc-ls ~ill not ha.e acc.c.ss to RmmeJ Coanty CIS Data except ~\hc.le dtrec.tcd b) a Member to
eo dat... part of. projod whkr .pe..;fio ",...",led ~uid<tin<.. (See by-laws)
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
agency 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 for each succeedin~ 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 alilongst
Q[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 agIee ~to pay a one-time membership fee of$500 to the Users Group for
the calendar year 1997. The amount of this fee wilt .iliall be reviewed and set annually by the Board of Directors for
new Members.
Section 5. Data Access and Physical Features Maintenance Fee:
Members witt mau commit to a three-year payment of data access and physical features maintenance fees. except
where a one-year limitation is imposed by State Statutes. 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 ofDirec.tors and will be reviewed annually.
Section 6. Special Projects Assessments:
_embers 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
Lne 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 GlOtlp 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 biHing receive payment 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 POwels Agreement
conducted by the Board ofDnec.tors, 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 XU. TERMINATION:
Each member shall have the right to terminate its membership and participation in the Users Group with or without
cause by formal resolution of tile board of the Member's organization and communicated to the Board in writing.
However, the Member is still obligated to its current financial commitments at the time of e,essatioh of 111entbersmp
tI the year during which termination of membership occurs. These commitments include:
(i) any balance of the Data AccesslPhysical Features Maintenance Fee. This commitment applies to all
embers.
(ii) any balance owing on Special Projects Assessments. This commitment applies to Members which have
entered into any special project agreement(s).
Tennination of membership prior to expiration of the Agreement shall make a local unit of government ineligible to
re-ioin as a Member under the current Agreement.
ARTICLE Xli. 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 pemi.it, 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.
ARTICLE XIV. ACCESS TO DOCUMENTS:
.Jtil 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 XV. HOLD HARMLESS:
Section ]. 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 performance of or with relation to any of the work or services provided by Members under the
terms of this Agreement. .
Section 2. Nothing in this Agreement shall constitute a waiver by either Members or the Users Group of any
limitation ofliability 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
assistance, disability or age.
Section 2. When required by law and requested by the other party, the Users Group shall furnish a written
.~rmative action plan to the Members.
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SECTION XVII. DATA PRACTICES:
Section 1. All data collected, created, received, maintained or disseminated for any purp.ose in the course
'either the Member's Of the Users Group's performance of this Agreement is governed by the Minnesota
'ernment 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.
.
.
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.It: WITh"ESS WHEREOF the parties have caused this Agreement to be executed on this _ day of
.97.
ORGANIZA nON
::proved -IJ~;/~ ~
( Mayor I Chair I Zident )
By @f&l2{-
( City Manager / Administrator )
.
June 10, 1991 ~1:'J)J\\"WPDOCS\l'SERGRP'JPAC\.XDOC
.
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