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HomeMy WebLinkAboutItem 06.iApril 4, 2011 Item No. APPROVE JOINT POWERS COST SHARE AGREEMENT WITH DAKOTA COUNTY FOR IMPROVEMENTS TO DIGITAL ELEVATION DATA Proposed Action Staff recommends adoption of the following motion: Motion to approve Joint Powers Cost Share Agreement with Dakota County related to improvements to digital elevation data. Overview On March 7, 2011, the City entered into a Joint Powers Agreement with Dakota County for installation of Pictometry's licensed images, geodata, and software products, which provide three dimensional oblique images and 360 degree views of each property. The Pictometry did not furnish elevation data which is covered under this agreement. The Minnesota Department of Natural Resources, in partnership with all counties, is managing a multi -year project to acquire statewide digital elevation data suitable for two foot contour intervals. The metro area, including Dakota County, is scheduled for completion in 2011. The costs for this project are funded through the Clean Water Legacy Fund with no cost to Dakota County; however, there is an option at additional cost for improved data. This improvement will double the accuracy to 6 inches, suitable for 1 foot contours and nearly triple the digital elevation point density. The improved data will provide value for several years and will make analysis such as water run -off and slope calculations more accurate. It will also improve preliminary engineering designs and reduce the need for field elevation surveys. The total cost for this project is $50,000. 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 this project. Attached is a Joint Powers Cost Share Agreement with Dakota County, wherein the County will pay $28,500 of the cost and the cities will reimburse the County $21,500. 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 $3,333. Primary Issues to Consider None Su • • or ',:.nformation Keith ' . Nelson City Engineer �s Ag entfor Cost Share Related to the Improvements to Digital Elevation Data Financial Impact: $3,333 Budgeted: Yes Source: General Engineering i Related Documents (CIP, ERP, etc.): Notes: JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF LAKEVILLE FOR COST SHARE RELATED TO THE IMPROVEMENTS TO DIGITAL ELEVATION DATA Dakota County Contract #13524 WHEREAS, Minn. Stat. § 471,59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, Dakota County (County) is a political subdivisions of the State of Minnesota; and WHEREAS, the City of Lakeville (City) is a Minnesota municipal corporation; and WHEREAS, the Minnesota Department of Natural Resources (DNR) is managing a multi -year project to acquire statewide digital elevation data (DNR Project); and WHEREAS, the DNR Project is being completed incrementally in partnership with counties and Dakota County is scheduled for completion in 2011; and WHEREAS, the DNR Project includes an option for counties to purchase additional improvements to the digital elevation data, which said improvements will be realized in the form of higher accuracy and higher resolution elevation data; and WHEREAS, the County has agreed to purchase additional improvements to the digital elevation data at an estimated cost of $50,000.00; and WHEREAS, the City desires to utilize the enhanced digital elevation data and is willing to cost share in the amount of $3,333.00 towards the County's purchase of the additional improvements NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and the City shall derive from this Agreement, the County and the City hereby enter into this Agreement for the purposes stated herein, ARTICLE 1 PURPOSE The purpose of this Agreement is to define the responsibilities and cost sharing obligations of the County and the City for the County's purchase of additional improvements to digital elevation data as part of the DNR Project and the use of said data by the City. ARTICLE 2 PARTIES The parties to this Agreement are Dakota County, Minnesota (County) and the City of Lakeville, Minnesota (City). ARTICLE 3 TERM This Agreement shall be effective the date of the signatures of the parties to this Agreement and shall remain in effect until December 31, 2011, or until completion by the parties of their respective obligations under this Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of this Agreement. ARTICLE 4 COOPERATION The County and the City agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. ARTICLE 5 OBLIGATIONS OF PARTIES 5.1 The County will purchase additional improvements to the digital elevation data from the DNR as part of the DNR Project being conducted in Dakota County at an estimated cost of $50,000.00 5.2 The City will pay to the County the sum of $3,333.00 which shall be applied towards the purchase price of the additional improvements to the digital elevation data as set forth in Section 5.1 above. The City shall make payment to the County within 45 days of receiving an invoice from the County. 5.3 in exchange for its cost share contribution, the City will be allowed to obtain said enhanced digital elevation data from the County and use it at no additional cost to the City. This section shall survive the expiration of this Agreement. ARTICLE 6 INDEMNIFICATION Except as provided below, each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. To the fullest extent permitted by law, the City shall defend, indemnify and hold harmless the County, its officers, employees or agents from and against all claims, damages, losses and expenses. including but not limited to attorney's fees, arising out of or resulting from the City's use of any of the digital elevation data purchased by the County from the DNR, which is the subject of this Agreement. The provisions of the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other applicable laws govern liability of the County and the City. The provisions of this section shall survive the expiration or termination of this Agreement. TO THE COUNTY: ARTICLE 7 TERMINATION Either party may terminate this Agreement upon 30 days written notice to the other party, with or without cause. Notice of termination shall be made by certified mail or personal delivery to the person signing this Agreement on behalf of the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of the Agreement prior to the effective date of termination. ARTICLE 8 GENERAL PROVISIONS 8.1 ACCOUNTING AND RECORDS. The parties agree to establish and maintain accurate and complete accounts, financial records and supporting documents relating to the receipt and expenditure of the cost share funds. Such accounts and records shall be kept and maintained by the parties for a minimum period of six years following the expiration of this Agreement. 8.2 AUDITING. The books, records, documents and accounting procedures and practices of the parties that are relevant to this Agreement are subject to examination by the other party and the State Auditor for a minimum of six years following the expiration of this Agreement. 8.3 NOTICE. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement: Lynn Thompson or successor, Director Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 TO THE CITY. Mark Bellows or successor, Mayor City of Lakeville 20195 Holyoke Ave. Lakeville, MN 55044 In addition, notification to the County regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033. 8.4 LIAISONS, To assist the parties in the day -to -day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the County and the City. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement the following persons are the designated liaisons: County Liaison: Randy Knippel Telephone: (952) 891 -7080 randy.knippel @co.dakota. mn.us City Liaison: Keith Nelson KNelson@ci.lakeville.mn.us 8.5 MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties respective Boards, and signed by the authorized representatives of the County and the City. 8.6 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 County of Dakota, State of Minnesota. 8,7 MERGER. 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. 8.8 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. APPROVED AS TO FORM: (.z..C..: / i (" 1.1_4_ ,,,, .._ 3 'c 7 -5 1, ! 1 A istant Dakotd Caur ty Attorney Date K -11- 100.007 County Board Res. No. 11- 4 CITY OF LAKEVILLE By Mark Bellows, Mayor Date of Signature: By City Clerk Date of Signature: COUNTY OF DAKOTA By Lynn Thompson, Director Physical Development Division Date of Signature: