HomeMy WebLinkAboutItem 06.f
Date: Item No.
JOINT POWERS AGREEMENT WITH DAKOTA COUNTY AND
ISD 194 FOR 175th STREET FIBER PROJECT
Proposed Action
Staff recommends adoption of the following motion: Move to enter into a Joint Powers
Agreement with Dakota County and Independent School District 194 for the 175th Street fiber
project.
Overview
IT is working Dakota County and ISD 194 to construct a fiber optic segment along 175th Street
between Ipava Avenue and ISD 194’s district offices located on Juniper Path. Dakota County and
the City will be funding the project. In exchange for the City and County covering the cost, ISD
194 providing to the City and County fiber optic cable running south from 160th Street to County
Road 70 along Ipava Avenue for 20 years.
This cooperative agreement will benefit all named parties by allowing the development of
additional data services and network connectivity that might otherwise be cost prohibitive for
each of the parties individually. For the City, the segment being constructed will connect the last
remaining City facility, Fire Stations #3, to the City’s’ fiber optic network. It will also allow for
redundancy in the City’s fiber optic network to help prevent outages in the event a fiber segment
is damaged.
Primary Issues to Consider
• Does this agreement benefit the City of Lakeville financially?
Yes. It will complete the fiber connection to Fire Station #3 and build in the redundancy
to the fiber network. By partnering with the school district and the county, the project
will be completed under budget.
Supporting Information
• Joint Powers Agreement for 175th Street Fiber Project
Financial Impact: $ Budgeted: Y☒ N☐
Source:
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Ralph Vetter, IT Manager
November 18, 2019
60,000 (Est.)
General Fund, Water Operating Fund, Sanitary Sewer Fund, Liquor Fund, and
Communications Fund
Joint Powers Agreement for 175th Street Project 1
JOINT POWERS AGREEMENT
FOR
175th STREET FIBER PROJECT
This Joint Powers Agreement is between Dakota County, Minnesota (“County”), the City of Lakeville,
Minnesota ("City"), and Independent School District 194 (“ISD 194”), collectively as the “Parties.” The
Parties are governmental units of the State of Minnesota. The collective effort of the Parties under this
Agreement is referred to as the 175th Street Fiber Project.
1. General Purpose
Under Minn. Stat. § 471.59, subd. 10, the County, the City, and ISD194 are empowered to enter into
agreements for the joint or cooperative exercise of powers with other governmental units and to
engage such assistance as deemed necessary for the provision of information technology and
telecommunications services.
To accomplish these connections, the County and City will install a new fiber segment connecting
ISD194’s existing fiber network to ISD 194’s District Offices. ISD 194 will provide fiber strands on
their owned fiber network for use by the County and City.
2. Term of Agreement
The term of this Agreement shall commence on the Effective date of ………, 2019, or the date the all
signatures of the Parties are obtained, whichever is later, and shall remain in full force and effect
until the Expiration date of twenty years (20) years after the Effective Date, or unless terminated by
the Parties as provided in this Agreement, whichever occurs first.
3. Agreement between the Parties
The intended use for each segment of the network is to enable the Parties to construct and manage
fiber optic communications networks for the purpose of delivering communications services among
their respective sites as more fully described below.
3.1 County and City will:
a) Install at its own cost 144 strands of fiber from the intersection of 175th Street and Ipava
Avenue to a determined location outside ISD 194 District Office on Juniper Path. This fiber
is designated as Segment 1.
b) Hereby grant an Indefeasible Right of Use (IRU) agreement to ISD 194 for use of 24 fiber
strands on Segment 1.
c) Obtain all necessary right-of-way permits from the City to complete the Project.
d) Manage the Project including the intersection and coordination of work by all contractors.
e) Maintain Segment 1 at its own cost and pay for any locate services costs during the term of
this Agreement.
3.2 County will;
a) Install at its own cost 24 strands of fiber from ISD 194 District Office to a location on Juniper
Joint Powers Agreement for 175th Street Project 2
Path as determined by the parties. This fiber is designated as Segment 2.
b) Hereby grant an Indefeasible Right of Use (IRU) agreement to ISD 194 for use of 24 fiber
strands on Segment 2.
c) Obtain all necessary right-of-way permits from the City to complete the Project.
d) Manage the Project including the intersection and coordination of work by all contractors.
e) Maintain at its own cost of the segment and pay for any locate services costs during the term
of this Agreement.
3.2 County and City will: By executing this Agreement,
a) Receive an Indefeasible Right of Use (IRU) from ISD 194 for use of 36 fiber strands owned by
ISD 194 running north and south on Ipava Ave from 160th Street to Lakeville North High
School. This fiber is designated as Segment 3.
b) Receive an Indefeasible Right of Use (IRU) from ISD 194 for a yet to be determined amount
of fiber agreed to by the parties starting at Lakeville North High School running south to
County Road 70. Engineering not completed will be added to this agreement by addendum
This fiber is designated as Segment 4.
4. Payment
Except as expressly provided in this Agreement, the County and City will bear all costs for
constructing the 175th Street Fiber Project
5. Network Development, Design, Operation and Management
Except as provided in this Agreement, each Party will design its own fiber network and will install
and manage any electronic devices needed to make its network operational. The Parties shall use all
reasonable efforts to maintain their respective fiber and related electronic devices to facilitate the
proper function of their interconnected networks as described in this Agreement.
6. Liaisons
To assist the Parties in the day-to-day performance of this Agreement and to ensure compliance
with the specifications and provide ongoing consultation, liaisons shall be designated by the
Parties. The Parties shall inform the others, in writing, of any change in the designated liaison. At
the time of execution of this Agreement, the following persons are the designated liaisons:
Dakota County:
David Asp
Network Collaboration Engineer
Dakota County Information Technology Department
1590 Hwy. 55
Hastings, MN 55033
651-438-4271
David.Asp@co.dakota.mn.us
City of Lakeville
Ralph Vetter
Information Systems Manager
Joint Powers Agreement for 175th Street Project 3
20195 Holyoke Avenue
Lakeville, MN 55044
952-985-2641
rvetter@lakevillemn.gov
Independent School District 194
Patrick Rateliff
17630 Juniper Path
Lakeville, MN 55044
952-232-2058
patrick.rateliff@isd194.org
7. Assignment, Amendments, Waiver, and Contract Complete
7.1 Assignment. No Party may assign or transfer any rights or obligations under this Agreement
without the prior consent of the other Parties and an Assignment Agreement, approved and
executed by all Parties to this Agreement, or their successors in office.
7.2 Amendments. Any amendment to this Agreement must be in writing and is not effective until
approved and executed by all of the Parties to this Agreement, or their successors in office.
7.3 Waiver. If any Party fails to enforce any provision of this Agreement, such failure does not
waive the provision or its right to enforce it.
7.4 Contract Complete. This Agreement contains all negotiations and agreements between the
Parties. No other understanding regarding this Agreement, whether written or oral, is binding on
any Party.
8. Liability and Insurance
Each Party to this Agreement shall be liable for its own acts or omissions and those of its own
employees and agents and the results thereof, to the extent authorized by law, and shall not be
responsible for the acts of the other Parties, their respective employees or agents.
The Parties agree that liability and damages arising from the parties’ acts and omissions are
governed by the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, as applicable,
and other applicable laws. Each Party warrants that it is 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, as
applicable.
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 Minn. Stat. Ch. 466, or
other applicable law. This clause will not be construed to bar any legal remedies that any party may
have against another party for the failure to fulfill their respective obligations under this
Agreement.
Joint Powers Agreement for 175th Street Project 4
9. State Audits
Under Minn. Stat. § 16C.05, subd. 5, each Party’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
Expiration Date of this Agreement.
10. Government Data Practices
The Parties shall comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as
it applies to data provided by each Party under this Agreement, and as it applies to data created,
collected, received, stored, used, maintained, or disseminated by any Party under this Agreement.
The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by
any Party.
If any Party receives a request to release data referred to in this Clause that was received by the
Party receiving the request from another Party, the Party receiving the request to release the data
must immediately notify the Party from whom the data originated. The originating Party will give
the Party receiving the request to release the data instructions concerning the release of the data to
the data requester before the data is released.
11. Venue
Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate
court of competent jurisdiction in Dakota County, Minnesota.
12. Termination
12.1 Termination. This Agreement may be terminated by any Party, with or without cause, at any
time after two years from the Effective Date upon 180 days written notice of intent to terminate to
the other Parties.
12.2 Termination for Insufficient Funding. Any Party may immediately terminate this Agreement
if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies or other funding
source; or if funding cannot be continued at a level sufficient to allow for the payment of the
services covered here. Termination must be by written notice to the other Parties. A Party is not
obligated to pay for any services that are provided after notice and effective date of termination. A
Party will not be assessed any penalty or damages if the Agreement is terminated due to lack of
funding. A Party must provide the other Parties notice of the lack of funding within a reasonable
time of the Party’s receiving that notice.
12.3 Ownership of Property Upon Termination. At the end of the term of this Agreement or upon
its earlier termination as authorized herein, the Parties will continue to own their respective fiber
segments when the 175th Street Project is completed. Each Party will continue to own electronic
devices it installed to facilitate the operation of its respective network pursuant to this Agreement.
13. Miscellaneous Provisions
13.1 Additional Parties. The addition of a new Party to this Agreement shall require a written
Joint Powers Agreement for 175th Street Project 5
amendment approved and executed by all Parties.
13.2 Unlawful Provisions. If any provision of this Agreement be found unlawful, the other
provisions of this Agreement shall remain in full force and effect if by doing so the purposes of this
Agreement, taken as a whole, can be made operative. If a provision or article is found unlawful,
representatives of the Parties shall meet and reach agreement on a lawful provision to replace the
unlawful provision or article. The newly agreed upon provision or amendment must be approved
by each Party to be effective and binding on the Parties.
13.3 Access to Property. The Parties hereby grant each other mutual continuing Licenses for access
to their respective property as reasonably needed from time to time, for the installation,
maintenance and repair of the Network, which Licenses shall remain in effect for the duration of
this Agreement. To the extent practicable, advance notice will be given and mutually convenient
arrangements for such access shall be made. All relevant safety and security policies and
procedures of the Party whose property is accessed shall be followed by the Party, or the Party’s
employees or agents being granted access.
13.4 Compliance with Laws. The Parties shall abide by all Federal, State and local laws, statutes,
ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this Agreement
and to the facilities, programs and staff for which each Party is responsible.
14. Execution in Counterparts.
This Agreement may be executed in any number of counterparts and by the Parties hereto on
separate counterparts, each of which counterparts when so executed and delivered shall be deemed
to be an original, and all of which counterparts when taken together shall constitute but one and the
same Agreement.
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Joint Powers Agreement for 175th Street Project 6
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed by its duly
authorized representatives.
DAKOTA COUNTY Approved by Dakota County Board
By: ___________________________________ Resolution #: ________________________
Title: _________________________________ Approved as to form:
Date: _________________________________ ___________________________________
Assistant County Attorney
CITY OF LAKEVILLE Approved by City of Lakeville
By: ___________________________________ Resolution #: ________________________
Title: _________________________________
Date: _________________________________ _________________________________ City Clerk
INDEPENDENT SCHOOL DISTRICT 194 Approved by _______________
By: ___________________________________ Resolution #: ________________________
Title: _________________________________
Date: _________________________________