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HomeMy WebLinkAboutItem 06.iMarch 7, 2011 APPROVE JOINT POWERS COST SHARE AGREEMENT WITH DAKOTA COUNTY FOR PICTOMETRY INTERNATIONAL CORPORATION GENERAL LICENSE TERMS AND CONDITIONS Proposed Action Staff recommends adoption of the following motion: Motion to approve Joint Powers Cost Share Agreement with Dakota County for Pictometry International Corporation General License Terms and Conditions and authorize the City Administrator to execute the Agreement on behalf of the City of Lakeville. Overview Attached is Joint Powers Cost Share Agreement with Dakota County pertaining to the installation of Pictometry's licensed images, geodata, and software products, which provide three - dimensional oblique images and 360 degree views of each property in Dakota County. The existing Pictometry provides 2 foot contours; however, the County, with agreement by all participating cities, has elected to upgrade the product with additional accuracy. This option will double the accuracy to 6 inches, suitable for 1 foot contours and nearly triple the digital elevation point density. Dakota County has agreed to pay Pictometry a total of $68,795.50 for the first year and a total of $67,644.00 for the second year of the License Agreement. Dakota County, along with the cities of Lakeville, Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Mendota Heights, Rosemount, South St. Paul, and West St. Paul will share in the costs for licensing, installation and use of Pictometry. Each city's share of the cost is based upon the number of parcels in each city. Lakeville's share of the cost is based on 19,823 parcels, for a total cost of $3,802 each year. Primary Issues to Consider None SuppoVng Information Powers . r o hare Agreement Keith H. Nelson City Engineer Item No. Financial Impact: $7,604 Budgeted: Yes Source: Pictometry Maintenance - Information Systems Related Documents (CIP, ERP, etc.): Notes: 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 aii 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 Dakota County Contract #13382 The term of this Agreement shall be from the date of execution of this Agreement by all parties, and shall terminate on December 31, 2012, 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 $68,795.50 for the first year of the License Agreement and $67.644.00 for the second year of the License Agreement. 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 # Parcels of Urban Cost / City /Year 17,845 13% $ 3,423 19,701 14% $ 3.779 23.391 17% $ 4.487 8,1135 i 6% $ 1,560 8.280 s 6% $ 1.588 12.138 ' 9% $ 2,328 19,823 i 14% $ 3,802 5,040 I 4% $ 967 8,017 6% $ 1,538 8,244 5% $ 1,581 6,769 5% $ 1.298 137.383 I 100% 6 26,352 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 e technical end administrative contact for theft 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 $26,352.00 in 2011 and a total of $26,352.00 in 2012: The License Agreement cost paid by each city is based on the number of parcels in each city as a percentage of the total number of parcels in all cities. 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 Urban Totals: 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 iicensing 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 Tart Claims Act, Minn. Stat. ch. 466 and other applicable laws govern liability of the County and the Cities 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, the money recovered will be disbursed proportional to the contributions made for Pictometrys 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 -today 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 sha 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 alter bons, 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 she 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 tc either party. 10.3 Minnesota Law to Govern. This Agreement she 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 negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not contained in this Agreement. APPROVED AS TO FORM County Board Res. No. 11- 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, COUNTY OF DAKOTA tOdtk4.i 14? 1c)011 Asjistanr Dakota`Cou ty Attorney Date K -11 -37 By 4 Lynn Thompson, Director Physical Development Division Date of Signature CITY OF APPLE VALLEY Name, Title, Address and Phone Number of City's Authorized Representative: Name, Title, Address and Phone Number of City's Liaison: Attest: Title: Date: [print name] CITY OF APPLE VALLEY the below signed, have authority to sign this Agreement on behalf of the City By: Date: [print name, CITY OF BURNSVILLE Name, Title, Address and Phone Number of City's Authorized Representative: Name, Title, Address and Phone Number of City's Liaison: Attest: Title: Date: [print name] 6 CITY OF BURNSVILLE the below signed, have authority to sign this Agreement on behalf of the City BV: [print name] 0 ate CITY OF EAGAN Name, Tit €e, Address and Phone Number of City's Authorized Representative: Name, Title, Address and Phone Number of City's Liaison: Attest: Title Date: [print name CITY OF EAGAN h the below signed, have authority to sign th Agreement on behalf of the City By: Date: [print camel CITY OF FARMINGTON Name, Title, Address and Phone Number of City's Authorized Representative. Name, Title, Address and Phone Number of City's Liaison: Attest: Title: Date: [orint name] 8 CITY OF FARMINGTON the below signed, have authority to sign this Agreement on behalf of the City By: Date: [print name] CITY OF HASTINGS Name, Title, Address and Phone Number of City's Authorized Representative: Name, Title, Address and Phone Number of C4tys Liaison: Attest: Title, Date: [print name] 4 CITY OF HASTINGS 1, the below signed, have authority to sign this Agreement on behalf of the City By: ]nrint name] Date: CITY OF INVER GROVE HEIGHTS Name, Title, Address and Phone .Number of City's Authorized Representative: Name, Title, Address and Phone Number of City's Liaison: Attest T itle Date: [rarint Camel 10 CITY OF INVER GROVE HEIGHTS I. the below signed, have authority to sign this Agreement on behalf of the City By: [print name] ©ate Attest: Date: CITY OF LAKEVILLE Name, Title, Address and Phone Number of City's Authorized Representative: Name, Title, Addres an d Ph Number of City's Liaison: [print name] CITY OF LAKEVILLE the below signed have authority to sign this Agreement on behalf of the City B Date: [print name] CITY OF MENDOTA HEIGHTS Name, Title, Address and Phone Number of City's Authorized Representative: Name, Title, Address and Phone Number of City's Liaison: Attest: Tide: Date: print name] CITY OF MENDOTA HEIGHTS !, the below signed have authority to sign this Agreement on behalf of the City Sy: Date [print name] CITY OF ROSEMOUNT Name, Title. Address and Phone Number of City's Authorized Representative: Name, Title, Address and Phone Number of City's Liaison: Attest: Title: Date: [print name] CITY OF ROSEMOUNT i, the below signed, have authority to sign this Agreement on 'behalf of the City By: Date: [Print name] CITY OF SOUTH ST PAUL Name, Title, Address and Phone Number of City's Authorized Representatve: Name Title, Address and Phone Number of City's Liaison: Attest: Title: Date: [print name] 14 CITY OF SOUTH ST PAUL i, the below signed have authority to sign this Agreement on behalf of the City By Date: [print name] CITY OF WEST ST PAUL Name, Title, Address and Phone Number of City's Authorized Representative: Name Title, Address and Phone Number of City's Liaison: Attest: Title: Date: [print name] CITY OF WEST ST PAUL the below signed, have authority to sign this Agreement on behalf of the City By: Date: [print name]