HomeMy WebLinkAboutItem 06.kApril 16, 2014
Item No.
JOINT POWERS AGREEMENT WTH DAKOTA COUNTY
FOR COST SHARE RELATED TO THE PURCHASE OF PICTOMETRY AERIAL
PHOTOGRAPHY
April 21, 2014 City Council Meeting
Proposed Action
Staff recommends adoption of the following motion: Move to approve Joint Powers
Cost Share Agreement with Dakota County for Pictometry International Corporation
General License Terms and Conditions.
Passage of this motion will establish City and County two-year costs associated with
licensing, installing and using Pictometry's licensed products.
Overview
The City has partnered with Dakota County in the use of Pictometry aerial photography
on a cost-sharing basis since 2006. Pictometry's visual imagery products provide three-
dimensional oblique images and 360 degree views of each property in Dakota County.
The imagery is used to verify the accuracy of the City and County GIS map/database and
has a number of applications including; emergency response planning, property
management, distance measurements and area calculations.
The total two-year cost to use Pictometry aerial photography is $118,380. Participating
cities will jointly pay Dakota County a total of $35,724. Lakeville's share of that cost is
$5,538 ($2,769 in both 2014 and 2015).
Primary Issues to Consider
• What other Dakota County cities share the costs of licensing, installing and using
Pictometry aerial photography? Apple Valley, Burnsville, Eagan, Farmington,
Hastings, Inver Grove Heights, Mendota Heights, Rosemount, South St. Paul and
West St. Paul.
• How is each City's share of the cost determined? The distribution is based on the
number of parcels in each city as a percentage of the total in all cities.
Supportina Information
• Joint Powers Cost Share Agreement (Contract No. GR00636)
Za John n
City En r
Financial Impact: $2,769
Related Documents (CIP, ERP, etc.):
Notes:
Budgeted: Yes Source: Information Systems
JOINT POWERS COST SHARE AGREEMENT
FOR PICTOMETRY INTERNATIONAL CORPORATION
GENERAL LICENSE TERMS AND CONDITIONS
THIS AGREEMENT is made and entered into by and between the County of Dakota ("County"), a political subdivision
of the State of Minnesota, and the Cities of Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove
Heights, Lakeville, Mendota Heights, Rosemount, South St Paul and West St. Paul ("Cities"), political subdivisions of
the State of Minnesota.
WHEREAS, the County and Pictometry International Corporation (Pictometry) executed a General License Terms and
Conditions, which is attached and incorporated herein as Exhibit 1 (License Agreement), whereby the County is
allowed to install and use Pictometry's licensed images, geodata, software and documentation (Pictometry's Licensed
Products); and
WHEREAS, Pictometry's Licensed Products are dynamic visual imagery products that will provide three-dimensional
oblique images and 360 degree views of each property in Dakota County; and
WHEREAS, use of Pictometry's Licensed Products will improve efficiency and quality within numerous County
departments; and
WHEREAS, the License Agreement allows cities, townships, public schools and the soil and conservation districts
geographically located within the boundaries of Dakota County to install and use Pictometry's Licensed Products
(Approved Subdivisions) under the License Agreement and subject to certain conditions; and
WHEREAS, the Cities desire to become Approved Subdivisions that are authorized to install and use Pictometry's
Licensed Products, in accordance with the terms of the License Agreement; and
WHEREAS, the County and Cities have reached an agreement to share the costs of licensing, installing and using
Pictometry's Licensed Products by their respective political subdivision; and
WHEREAS, pursuant to Minn. Stat. § 471.59, two or more governmental units, by agreement entered into through
action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or
any similar powers.
NOW, THEREFORE, in consideration of the mutual promises and benefits that all parties shall derive from this
Agreement, the parties agree as follows:
ARTICLE 1
PURPOSE
The purpose of this Agreement is for the County and the Cities to share in the costs for licensing, installation and use
of Pictometry's Licensed Product, in accordance with the terms of this Agreement and the License Agreement
attached and incorporated herein as Exhibit 1 (License Agreement) and to designate the Cities as Approved
Subdivisions for purposes of the License Agreement.
ARTICLE 2
TERM
The term of this Agreement shall commence on the date of execution of this Agreement by all parties, and shall
terminate on December 31, 2015, unless earlier terminated by law or according to the provisions of this Agreement.
ARTICLE 3
OBLIGATIONS OF THE COUNTY
3.1 Payment. In accordance with the License Agreement executed between the County and Pictometry, the
County has entered into the License Agreement and has agreed to pay Pictometry $59,189 for each year of
the License Agreement term.
3.2 Approval as Authorized Subdivisions. Upon execution of this Agreement and payment made by each City
to the County as provided in this Agreement, the City will be an Authorized Subdivision for purposes of the
License Agreement. Nothing in this Agreement restricts the County from designating other political
subdivisions located in Dakota County as Authorized Subdivisions for purposes of the License Agreement.
3.3 Coordination. The County will work out the delivery and deployment details and coordinating those
processes with appropriate staff of the Cities. For that purpose, the Cities each agree to identify a technical
and administrative contact for their city related to this Agreement (Liaison) as specified below.
ARTICLE 4
OBLIGATIONS OF THE CITIES
4.1 Payments by Cities. The Cities agree to pay the County a total of $17,862 in 2014 and a total of $17,862 in
2015. The License Agreement cost paid by each city is based on the average of the percentage of parcels
and square miles in each city as a part of the total in all cities (% of Urban). The Cities agree to pay their
respective cost share for each year of the License Agreement as shown in the chart below. The County will
invoice each City for its cost share and each City agrees to send its cost share amount, payable to the Dakota
County Treasurer, within 30 days of receipt of the invoice to the County Liaison.
Apple Valley
Burnsville
Eagan
Farmington
Hastings
Inver Grove Heights
Lakeville
Mendota Heights
Rosemount
South St. Paul
West St. Paul
Totals:
% of
Urban
Cost /
Cit /Year
10%
$
1,842
13%
$
2,334
16%
$
2,828
6%
$
1,108
6%
$
990
11%
$
1,961
16%
$
2,769
4%
$
720
11%
$
1,896
4%
$
780
4%
$
635
1000
$
17,862
4.2 Responsibilities of Cities as Authorized Subdivisions. Upon payment of their respective cost for the
License Agreement, each City is licensing Pictometry's Licensed Products and is authorized to use the
Licensed Products in accordance with the terms of Exhibit 1 for the applicable calendar year.
ARTICLE 5
CITIES ARE NOT SUBLICENSEES OF THE COUNTY
Nothing in this Agreement creates an agency relationship between the County and the Cities with regard to the
License Agreement (Exhibit 1). By signing this Agreement each City fully accepts the terms of the License Agreement
on behalf of itself and its employees. The County does not have any obligation to the Cities with regard to licensing or
the actual installation and/or use of Pictometry's Licensed Products by the City.
ARTICLE 6
LIABLE FOR OWN ACTS
Each party to this Agreement shall be liable for the acts of its officers, employees, volunteers or agents and the results
thereof to the extent authorized by law and shall not be responsible for the acts of any other party, its officers,
employees, volunteers or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other
applicable laws govern liability of the County and the Cities.
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ARTICLE 7
DEFAULT MAJEURE
No party shall be liable to any other party for any loss or damage resulting from a delay or failure to perform due to
unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives
notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire,
flood, epidemic, acts of civil or military authority, and natural disasters.
ARTICLE 8
TERMINATION
In the event Pictometry's Licensed Products are no longer available to the County and Cities in accordance with the
License Agreement, the County and Cities agree to work together to determine appropriate actions to take. In the
event the County recovers payments from Pictometry for early termination of the License Agreement, the money
recovered will be disbursed proportional to the contributions made for Pictometry's Licensed Products under this
Agreement.
ARTICLE 9
AUTHORIZED REPRESENTATIVES AND LIAISONS FOR THE PARTIES
9.1 Authorized Representatives. The named persons that have executed this Agreement on behalf of the
County and each City are designated the authorized representatives of parties for purposes of this Agreement.
These persons have authority to bind the party they represent and to consent to modifications and
subcontracts, except that, as to the County and Cities, the authorized representative shall have only the
authority specifically or generally granted by their respective governing boards.
9.2 Liaisons. To assist the parties in the day-to-day performance of this Agreement and to develop service,
ensure compliance and provide ongoing consultation, a liaison shall be designated by the County and the
Cities. Notification required to be provided pursuant to this Agreement shall be provided to the named person
and address listed below for the County, and shall be provided to the named persons and addresses listed on
each City's signature page of this Agreement, unless otherwise stated in a modification of this Agreement.
The parties shall keep each other continually informed, in writing, of any change in the designated liaison. The
County's liaison is:
County Liaison: Randy Knippel or successor, Office of GIS
Telephone: 952-891-7080
Email Address: randy.knippel@co.dakota.mn.us
ARTICLE 10
GENERAL PROVISIONS
10.1 Modifications. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall
only be valid when they have been reduced to writing, signed by authorized representatives of the County and
Cities.
10.2 Severability. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is
rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the
remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall
substantially impair the value of the entire Agreement with respect to either party.
10.3 Minnesota Law to Govern. This Agreement shall be governed by and construed in accordance with the
substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of
laws. All proceedings related to this Agreement shall be venued in the State of Minnesota, County of Dakota.
10.4 Merger..
A. Final Agreement. This Agreement is the final expression of the agreement of the parties and the
complete and exclusive statement of the terms agreed upon, and shall supersede all prior
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negotiations, understandings or agreements. There are no representations, warranties, or
stipulations, either oral or written, not contained in this Agreement.
B. Exhibit. Exhibit 1 — License Agreement (including all schedules thereto) is attached and incorporated
by reference.
10.5 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed
an original, but all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.
APPROVED AS TO FORM:
/s/ Jay R Stassen March 27, 2014
Assistant Dakota County Attorney Date
KS -14-51
County Board Res. No. 14-116
COUNTY OF DAKOTA
By.
Matt Smith, Director
Operations, Management and Budget Division
Date of Signature
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CITY OF LAKEVILLE
Name, Title, Address and Phone Number of City's Authorized Representative:
Steve Mielke, City Administrator
20195 Holyoke Avenue
Lakeville, MN 55044
952-985-4401
Name, Title, Address and Phone Number of City's Liaison:
Eric Priewe, GIS Supervisor
20195 Holyoke Avenue
Lakeville,MN 55044
952-985-4531
Attest:
Charlene Friedges Iprint name]
Title: City Clerk
Date: April 21, 2014
Dakota County #GR00636
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CITY OF LAKEVILLE
I, the below signed, have authority to sign this
Agreement on behalf of the City
By:
Matt Little, Mayor [print name]
Date: April 21, 2014