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HomeMy WebLinkAboutResolution 9341RESOLUTION 9341 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE RAMSEY COUNTY GEOGRAPHIC INFORMATION SYSTEMS USERS GROUP AND THE CITY OF MOUNDS VIEW (MEMBER ORGANIZATION) WHEREAS, the Ramsey County Geographic Information Systems (GIS) Users Group ("Users Group") was created in 1995 for the purpose of promoting and managing GIS data among member organizations of the Users Group, including the City of Mounds View; and, WHEREAS, the Users Group is governed through a Joint Powers Agreement, pursuant to the provisions of Minn. Stat. §471.59; and, WHEREAS, in order for the City of Mounds View to continue to be a member of the Users Group, the City must enter into a Joint Powers Agreement for the term January 1, 2021 through December 31, 2025, and contribute funds through a formula approved by the Users Group Board of Directors; and, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, approves a Joint Powers Agreement between the Ramsey County Geographic Users Group and the City of Mounds View (member organization), for the term January 1, 2021 through December 31, 2025. Adopted this 9t' day of November, 2020. ATTEST - (sea.i) Carol A. Mueller, Mayor 4 ,�, )"/ -/ Nyle mu , City Administrator JOINT POWERS AGREEMENT AMONG MEMBERS OF THE RAMSEY COUNTY GEOGRAPHIC INFORMATION SYSTEMS USERS GROUP This JOINT POWERS AGREEMENT ("Agreement's is entered into pursuant to the provisions of Minn. Stat. §471.59 among Governmental Units for the purposes of forming the Ramsey County Geographic Information System Users Group ("Users Group'. ARTICLE I. INTENT OF THIS AGREEMENT In 1995, an informal alliance, known as the Ramsey County Geographic Information System Users Group ("Users Group'D, was formed among Governmental Units interested in using Geographic Information Systems (GIS) and data created and maintained by Ramsey County. This agreement is intended to establish and enable the Users Group to represent the parties to this Agreement for the purposes of undertaking negotiations and transactions. ARTICLE II. DEFINITIONS Section 1. Members means those Governmental Units that have executed this Joint Powers Agreement and have paid the annual membership dues as provided in Article X. Section 2. Governmental Unit has the meaning set forth in Minnesota Statutes §471.59. Section 3. Users Group means a group made up of one representative of each Member with the powers and responsibilities described in this Agreement. ARTICLE III. GIS BOARD OF DIRECTORS STRUCTURE Section 1. There is hereby created a GIS Board of Directors (Board) Section 2. Each Member shall appoint one person to serve as a Director. Each Member may also appoint a person to serve as an Alternate Director. Members shall notify the Board in writing if the Director or Alternate Director changes. Section 3. The Board shall have the following officers: a Chair, Vice Chair, Secretary, and Treasurer (Officers). Section 4. All Officers will be elected by the Board in the first meeting of the agreement's term as identified in Article X. Section 1. The Chair will be elected to a one-year term. The Vice -chair will be elected as Vice -chair in year one and Chair in year two. The Secretary will be elected annually for a three year term in which they will serve as Secretary in year one, Vice -chair in year two, and Chair in year three. The Treasurer will be elected by the Board for a five year term coinciding with the term of this agreement. Any Officer vacancies will be elected by the Board as -needed. Section 5. The Officers shall serve on a voluntary basis without pay. Section 6. A quorum will consist of at least 40% of the full membership of the Board, whether or not all vacancies have been filled. Section 7. Decisions of the Board will be made by a majority of the quorum. Directors may vote and participate in all meeting proceedings from a remote site pursuant to Minnesota Statute 13D.02. ARTICLE IV. DUTIES OF THE GIS BOARD OF DIRECTORS Section 1. The Board shall meet at least two times per year. Section 2. The Board shall approve and adopt the formula for the Users Group member dues annually by December 31 for the following year. Section 3. The Board shall arrange for and facilitate regular meetings of the Users Group and for Users Group activities. Meetings shall be held in accordance with Minnesota Statute 13D.01 . Section 4. The Chair presides at Users Group meetings. 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 5. 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 6. The Board may take such actions as it deems necessary and convenient to accomplish the general purposes of this Agreement. Section 7.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 8. 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 with the terms of the gift, grant, loan or agreement relating thereto; (vii) Appoint a fiscal agent. ARTICLE V. NEW MEMBERS Section 1. Any Governmental Unit that is not a party to the initial Agreement may join as a Member at any time Section 2. To become a Member, a local unit of government shall adopt a resolution and shall sign this Joint Powers Agreement. Section 3. New Members will pay the annual membership dues for the year in which the new Member is joining, as set by the Board pursuant to Article IV, Section 2, 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 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 parry's own use where that GIS data has been in some way derived and/or developed from the County GIS Data accessed through 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 requested by Ramsey County 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. ARTICLE VII. 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 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. Section 3. Data which results from enhancement of Ramsey County GIS Data by a Member, received pursuant to this Agreement, may be made available to a third party, Section 4. All Members will adhere to future Users Group license agreements for County or other agency GIS data ARTICLE VIII. DATA SECURITY All Members agree to abide by the data privacy and data security standards of the Member when using Ramsey County GIS Data or any derivative or enhancement of the data. ARTICLE IX. FINANCIAL MATTERS Section 1. The fiscal year of the Users Group is the calendar year Section 2. The Board shall adopt an annual budget prior to December 31 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 distributed promptly thereafter to the appointed Director of each Member. 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 dues. These costs could include Users Group administrative costs, purchase of liability insurance, and others as appropriate. Section 4. Annual Membership Dues: Members shall commit to payment of Annual Membership Dues, except where limited by State Statutes. Section S. Billings to the Members are due and payable no later than 60 days after the receipt of the invoice. 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's right to receive payment survives termination of membership. ARTICLE X. TERM Section 1. The Term of this Agreement is January 1, 2021, through December 31, 2025. 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, 2025 and be agreed upon and signed on or before December 31, 2025. ARTICLE XI. TERMINATION Each Member shall have the right to terminate its membership and participation in the Users Group by formal resolution of the Member's organization and communicated to the Board in writing. However, the Member is still obligated to its financial commitments for the year during which termination of membership occurs. These commitments include: (i) Any balance of the Annual Membership Dues. 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 XII. 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 number of Members requesting dissolution. 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. ARTICLE XIII. ACCESS TO DOCUMENTS Until the expiration of six 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. HOLD HARMLESS 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, for injury to, death of, or damage to the property of any third person or persons, 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 any Member, the Users Group of any limitation of liability under Minnesota Statutes Chapter 466, or other statutory or common law immunities, limits, or exceptions on liability. Section3. Under no circumstances, however, shall a Member be required to pay on behalf of itself and other Members, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one Member. The limits of liability for some or all of the Members may not be added together to determine the maximum amount of liability for any Member. ARTICLE XV. EQUAL EMPLOYMENT OPPORTUNITY 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. Don Peterson Jacob Garibay (763)717-4051 (763)717-4027 jacob.garibay@moundsviewmn.orgdon.peterson@moundsviewmn.org