Loading...
HomeMy WebLinkAboutItem 06.fr-41 November 7, 2011 Item No. JOINT POWERS AGREEMENT WITH DAKOTA COUNTY AND THE CITY OF LAKEVILLE TO NARROW BAND OUTDOOR WARNING SIRENS Proposed Action Staff recommends adoption of the following motion: Enter into joint powers agreement with Dakota County to narrow band outdoor warning sirens. Overview The City of Lakeville approved the plan to narrow band outdoor warning sirens. The city will enter into a joint powers agreement with Dakota County to access grant funds to facilitate narrow banding of radios and equipment used to activate outdoor warning sirens. The revenue will supplement the overall amount available for the city to narrow band the siren system. Primary Issues to Consider • Federal mandate requires narrow banding of the siren activation frequencies. Failure to do so will cause sirens not to function. • Failure to participate will cause a loss of funding. • 2011 Budget took into account replacing obsolete sirens. Funding from UASI via Dakota County will reduce the required outlay to the city. • Action is required to begin work before the 2012 storm season Supporting Information The 20 page Urban Area Security Initiatives Grant is available for review and can be provided by the police department. t. John Kornmann, Administrative Sergeant Financial Impact: $_$19,530 revenue Budgeted: Y/N Y Source: Related Documents (CIP, ERP, etc.): Notes: JOINT POWERS AGREEMENT WITH DAKOTA COUNTY AND THE CITY OF Lakeville TO NARROW BAND OUTDOOR WARNING SIRENS This Joint Powers Agreement (the Agreement) is entered into on __ (Date), by and between the County of Dakota, a political subdivision of the State of Minnesota, Dakota County Administration Center, 1590 Highway 55, Hastings, Minnesota, 55033, hereinafter referred to as County, and the City of ___ La keville a Minnesota municipal corporation, city address 20195 Holyoke Avenue, L akeville, MN 55044 hereinafter referred to as the City. RECITALS WHEREAS, in October 2010, the Minnesota Department of Public Safety (MDPS) received a grant of monies from the United States Department of Homeland Security (2010 Homeland Security Grant Program) for improvements to homeland security preparedness under the Urban Area Security Initiative Grant Program; and WHEREAS, the MDPS has entered into a grant agreement with County (County Board Resolution No. 10 -616) on or about December 30,2010 to allow County to claim reimbursement for expenditures incurred by cities in Dakota County for the evaluation of sirens, client/server Windows based siren control software systems and related VHF/UHF radio system interfaces and to replace and upgrade existing hardware based warning points and to upgrade the activation and end point VHF/UHF mobile radios in the siren controller boxes to accommodate the FCC mandated narrow banding (hereinafter referred to as "narrow band the City's outdoor warning siren(s)"); and WHEREAS, it is a requirement of the Urban Area Security Initiative Grant that the granted monies be used to supplement, not supplant or replace, funds appropriated from the State of Minnesota or the City; and WHEREAS, the MDPS Grant Agreement (hereinafter Grant) attached hereto and incorporated herein by reference as Exhibit A, has imposed on the County certain requirements and obligations to insure that Grant funds are expended by County for authorized activities and that appropriate records and certifications are prepared and maintained; and WHEREAS, the County has identified the need for narrow banding outdoor warning sirens to continue the notification of the public of emergency situations and to comply with the requirements of the Federal Communications Commission (FCC) narrow band mandate before December 31, 2012; and WHEREAS, County has obtained a professional services master contract through a Request for Proposal competitive process that is available to City for professional services and equipment necessary to narrow band the City's outdoor warning siren(s) (Master Contract); and DAKOTA COUNTY /CITY IPA NARROW HAND WARNING SIRENS September 15, 2011 WHEREAS, the City, by Resolution No. 11 -13 , stated its intent to access the Master Contract obtained by County for the necessary services and equipment to narrow band some or all of City's outdoor warning siren(s) and to obtain reimbursement of a portion of the associated costs from said Giant funds; and WHEREAS, the County and City wish to set forth their respective roles and responsibilities and the terms and conditions of their understanding. NOW, THEREFORE, in consideration of the mutual promises and covenants herein, County and City do hereby agree as follows: I. General Purpose. The purpose of this agreement is to enable County to disburse Grant funds for reimbursement to City of a portion of the costs City incurs to narrow band its outdoor warning siren(s), utilizing the Master Contract vendor obtained by County. The Parties to this Agreement are bound by and shall comply with the terms and provision of the Grant, attached hereto and incorporated herein as Exhibit A. II. Responsibilities of the County. 1. The County shall make available to City a Master Contract for use by City to narrow band some or all of its outdoor warning siren(s) 2. The County shall reimburse the City for 50 % of the eligible portion of City's costs of narrow banding the City's outdoor warning siren(s), as provided for in the Grant, Exhibit A, upon submission of invoices approved by the County's Representative, in an amount not to exceed $ 19, To the extent Grant money is available this maximum amount may increase, at the sole discretion of County, in order to account for project cost increases to City, III. Responsibilities of the City. 1. City shall narrow band some or all of its outdoor warning siren(s) utilizing the Master Contract. City is solely responsible to pay all costs and expenses for the services and equipment provided by the vendor under the Master Contract and to work with said vendor for the design, installation, and management of the work to narrow band its outdoor warning siren(s). 2. The City shall submit invoices for reimbursement of the costs to narrow band its outdoor warning siren(s) to County in a timely manner. All requests for reimbursement must be submitted to the County by December 31, 2012. City must certify that the payments or reimbursements are accurate, appropriate and directly related to the narrow banding of the City's outdoor warning siren(s); that City has obtained documentation of actual expenditures for which payment or reimbursement is sought including copies of its itemized invoices and payment verification. 3. City shall continue to own its outdoor warning siren(s) and the equipment installed under the Master Contract and is responsible for all ongoing maintenance of such equipment. 4. The City shall comply with the terms and provision of the Agreement. With respect to this Agreement, City represents and warrants to County as follows: DAKOTA COUNTY /CITY JPA NARROW BAND WARNING SIRENS seplember 15, 2011 a. It has the legal authority to enter into, execute and deliver this Agreement, and it has taken or will take, prior to disbursement of any Grant proceeds, all actions necessary to the execution and delivery of this Agreement and has the legal authority to purchase the equipment necessary to narrow band some or all of its outdoor warning siren(s). b. This Agreement is a legal, valid and binding obligation of the City and is enforceable against the City according to its terms. e. It will comply with all of the terms, conditions, and warranties in the Grant Agreement in Exhibit A. d. It will use the Grant proceeds solely for expenditures directly related to the purchase and installation of the equipment authorized for reimbursement by the Grant. e. It will be responsible for the ongoing maintenance and operational costs for outdoor warning sirens narrow banded under this Agreement for the life of the equipment as determined by the City. IV, Term of Agreement. 1. Effective date. The term of this Agreement shall commence on the last signature date ( "Effective Date ") this Agreement was executed by either party. 2. Expiration Date. This Agreement shall expire and be of no further force or effect on the date all of the following have been accomplished: • City has narrow banded the sirens in their city consistent with the Master Agreement; • City has submitted all invoices or statements to County for which it seeks reimbursement under this Agreement; • County has reimbursed City for all invoices and costs as provided for in this Agreement. 3. Survival of Terms. The following Sections of this Agreement shall survive the expiration or cancellation of this Agreement. Sections V 3 -8, V 10 -11 V. Miscellaneous Authorized Representative. The County's Authorized Representative is: &.J. Battig, Risk and Homeland Security Manager Dakota County, 1590 Highway 55 Ilastings, 1vIN 55033 Phone: 651- 438 -4532 oAROrA CounrvicrrvJrA NARROW BAND WARNING SIRENS September 19, 2011 B.J. Battig, or his successor, has the responsibility to monitor City's performance and the authority to approve the invoices submitted for reimbursement under this Agreement for payment by County. If the County's Authorized Representative approves an expenditure the Representative will certify acceptance on each invoice submitted for payment. If the County's Authorized Representative changes at any time during this Agreement, the County must immediately notify the City in writing. City's Authorized Representative is: Sgt. John Kornmann c/o Lakeville Police Department 9237 183rd St. Lakeville, MN 55044 Phone: 952- 985 -4843 If City's Authorized Representative changes at any time during this Agreement, City must immediately notify the County in writing. 2. Assignment, Amendments, Waiver, and Grant Contract Complete. a) Assignment. City may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the County and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. b) Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the parties who executed and approved the original Agreement, or their successors in office. C) Waiver. If the County fails to enforce any provision of this Agreement, that failure does not result in a waiver of the right to enforce the sarne or another provision of the Agreement in the future. d) Agreement Complete. This Agreement and exhibits contain all negotiations and agreements between the County and City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 3. Liability and Insurance Each party to this Agreement shall be liable for the acts of their own agents, volunteers or employees and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its agents, volunteers or employees. It is understood and agreed that liability and damages arising from the parties' acts and omissions are governed by the provisions of the municipal Tort Claims Act, Minn. Star. Ch. 466, the Minnesota Tort Claims Act, Minn. Star. §3.736, as applicable, and other applicable laws. Each Party warrants that they are able to comply with the aforementioned liability and insurance requirements through an insurance or self - insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466 or Minn. Stat. §1736, as applicable. DAKOTA COUNTY /CITY WA NARROW LAND WARNING SIRENS September 1+, 2011 This agreement shall not be construed as and does not constitute a waiver by any Party of any conditions, exclusions or limitations on the Party's liability provided by Minnesota Statutes, Chapter 466, Minnesota Statutes § 3.736 or other applicable law. This clause will not be construed to bar any legal remedies that each party may have for the other's failure to fulfill its obligations under this Agreement. 4. Audits. Under Minn. Star. § 16C.05, subd. 5, County's and City's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and /or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Sub -Grant Agreement. County and City shall maintain such books and records as will satisfactorily demonstrate to Federal, State, and County's Auditors that the County or City has not used the Grant monies to supplant or substitute for local funds. If upon such audit the auditing agency determines that Grant funds have been used by City to supplant, rather than supplement, local funds, and levies any penalties or fines, or requires refund of any Grant monies, City agrees that it shall be responsible for such penalties, fines, or refundment, and shall hold the County harmless therefrom. 5. Government Data Practices. City and County must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13 as it applies to all data created, collected, received, stored, used, maintained, or disseminated by either party under this Agreement. 6. Workers' Compensation. City certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. City's employees and agents will not be considered County employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the County's obligation or responsibility. Publicity and Endorsement (Exhibit A). a) Publicity. Any publicity regarding the subject matter of this Agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the City individually or jointly with others, or any subcontractors, with respect to the program publications or services provided resulting from this Agreement. b) Endorsement. City must not claim that either the State or the County endorses its products or services. DAKOTA COUN "IYCI1 Y RA NARROW BAND WARNING SIRENS September 15. 20I I S. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice -of -law provisions, governs this Agreement. Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Dakota County, Minnesota. Termination a. This Agreement may be terminated by City, without cause, upon 30 days written notice to County. In the event of termination of this Agreement by City without cause, City shall be responsible for payment of all outstanding, incurred costs relative to the City's interest in the outdoor warning siren(s) that are the subject of the Master Contract, including any costs that are owed to the vendor under the Master Contract terms and provisions. In the event of termination of this Agreement by City without cause. County shall not have any obligation to pay costs owed to the vendor under the Master Contract. Termination for Insufficient Funding. The City or County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Department of Public Safety, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the cost of equipment identified in Exhibit A. Termination must be by written or fax notice to the other party. The terminating party is not obligated to pay for any costs incurred after notice and effective date of termination. However, the non - terminating party will be entitled to payment, determined on a pro rata basis, for costs incurred up to the date of termination to the extent that funds are available. The terminating party will not be assessed any penalty if this Agreement is terminated because of the decision of the Minnesota Department of Public Safety, or other funding source, not to appropriate funds. The terminating party must provide the non - terminating parry notice of the lack of funding within a reasonable time of the terminating party receiving that notice. C. Ownership. At the end of the term of this Agreement or upon its termination, the City will continue to own its outdoor warning siren and equipment that they presently own or install pursuant to this Agreement 10. Data Disclosure. Under Minn. Star. § 270C_65, and other applicable law, City consents to disclosure of its federal employer tax identification number, and /or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring City to file state tax returns and pay delinquent state tax liabilities, if any, or pay other state liabilities. DAKOTA Cot 'N w/Crry JPA NARROW BAND WARNING sIRENs September t5, 2011 11. Operating and Maintaining the Sirens. During the useful life as determined by the City of its outdoor warning siren(sj the City will pay for all operational costs including performing routine and regular maintenance of its siren(s). City will provide instance or self-insurance covering the sirens. This provision shall survive the termination of this Agreement. DAKOTA COUNTY By: W. "Laud Hoopingarner Operations Management Director CITY OF LAKEVILLE By: _ Its: _ Dated: Dated: Approved as to Form: By.. Assistant Dakota County Attorney Dated: of 1-5 / % i t Approved by Dakota County Board Resolution No. Kll -156 Siren Narrow Banding City JPA FINAL 9/15/2011 By — Its: City Clerk Dated: Approved as to form: By: C ity Attorn Dated: DAKOTA COUNTY /C11 Y JPA NARROW HAND WARNING SIRENS ScPtemb ®r 15,2011