HomeMy WebLinkAboutItem 06.k
Date: Item No.
JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR
THE INSTALLATION AND USE OF PICTOMETRY’S VISUAL IMAGERY PRODUCTS
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Joint Powers
Agreement with Dakota County to share the costs for licensing, installing and using Pictometry’s
Licensed Products.
Overview
The City and County have partnered in the use of Pictometry’s products on a cost-share basis
since 2006. Pictometry’s dynamic visual imagery products provide three-dimensional oblique
images and 360 degree views of each property in the County. The imagery assists in verifying the
accuracy of City and County GIS maps/databases and improves the efficiency and quality of
multiple City services/applications including: emergency response planning, property
management, distance measurements and area calculations.
The total two-year cost to use Pictometry’s visual imagery products is $124,088. Participating
cities jointly pay the County a total of $20,042 in both 2017 and 2018. Lakeville’s cost per year is
$2,892 (total two-year cost of $5,784).
Primary Issues to Consider
• Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Mendota
Heights, Rosemount, South Saint Paul and West Saint Paul also participate in the costs
for Pictometry’s visual imagery products. The cost paid by each city is based on the
average of the percentage of parcels and square miles as a part of the total in all cities.
Supporting Information
• Joint Powers Agreement (Dakota County Contract No. C0028935)
Financial Impact: $ Budgeted: Y☒ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Zach Johnson, City Engineer
May 1, 2017
5,784 Information Systems
Dakota County Contract # C0028935
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 (individually “City” and collectively
“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 any political unit or subdivision located totally or substantially within the
boundaries of Dakota County to install and use Pictometry’s Licensed Products (“Authorized Subdivisions”) under the
License Agreement and subject to certain conditions; and
WHEREAS,the Cities desire to become Authorized 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 un its, 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, 2018, 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 $62,044 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
2
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 Agreem ent (“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 $20,042 in 2017 and a total of $20,042 in
2018. 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 35 calendar days of receipt of the invoice to the County Liaison.
% of
Urban
Cost / City
/ Year
Apple Valley 13% $ 2,603
Burnsville 14% $ 2,874
Eagan 17% $ 3,412
Farmington 6% $ 1,187
Hastings 6% $ 1,208
Inver Grove Heights 9% $ 1,771
Lakeville 14% $ 2,892
Mendota Heights 4% $ 735
Rosemount 6% $ 1,170
South St. Paul 6% $ 1,203
West St. Paul 5% $ 987
Totals:100% $ 20,042
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 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. Each party warrants that it is able to comply with the
aforementioned indemnity requirement through an insurance or self-insurance program and that each party has
minimum coverage consistent with liability limits contained in Minn. Stat. Ch. 466. In the event of any claims or actions
filed against any party to this Agreement, nothing in this Agreement shall be construed to allow a claimant to obtain
3
separate judgments or separate liability caps from the individual parties. This Article shall survive the expiration or
termination of this Agreement.
ARTICLE 7
DEFAULT- FORCE 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 m ade 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 the 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, 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 each
City. 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,
Dakota County Office of GIS, 14955 Galaxie Ave.
Apple Valley, MN 55124
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.
This Article shall survive expiration or termination of the Agreement.
4
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
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 attachments and exhibits thereto) is attached
hereto, and all terms and conditions in said Exhibit are incorporated herein and made a part of this
Agreement. By signing this Agreement, each City acknowledges receipt of the above Exhibit (including
all attachments and exhibits thereto).
10.5 Agreement Interpretation and Construction. This Agreement was fully reviewed and negotiated by the
parties. Accordingly, the parties agree the “against the offeror” principle of contract interpretation and
construction shall not be applied to this Agreement. Any ambiguity, inconsistency, or question of interpretation
or construction in this Agreement shall not be resolved strictly against the party that drafted the Agreement. It
is the intent of the parties that every article (including any subsection), clause, term, provision, condition, and
all other language used in this Agreement shall be constructed and construed so as to give its natural and
ordinary meaning and effect, regardless of any rule or law to the contrary.
10.6 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.
COUNTY OF DAKOTA
By_______________________________________________
Dan Cater, Director
Information Technology Department
Date of Signature_______________________
APPROVED AS TO FORM:
/s/ Lucie S. O’Neill 4/4/2017
Assistant Dakota County Attorney Date
File No. KS-17-45-2
County Board Res. No. 17-159
11
CITY OF LAKEVILLE
Name, Title, Address and Phone Number of City’s Authorized Representative:
__________________________________________
__________________________________________
__________________________________________
__________________________________________
Name, Title, Address and Phone Number of City’s Liaison:
__________________________________________
__________________________________________
__________________________________________
__________________________________________
CITY OF LAKEVILLE
I, the below signed, have authority to sign this
Agreement on behalf of the City
By: ____________________________
_________________________[print name]
Date: __________________________
Attest: ___________________________
_________________________[print name]
Title: _________________________
Date: ___________________________