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HomeMy WebLinkAbout20100405 - VI-18 H A S T I N G S MEMO P O L I C E D E P A R T M E N T TO: Mayor Paul Hicks Hastings City Council Members FROM: Chief McMenomy DATE: March 30, 2010 SUBJECT: Consent Agenda Item – JPA for Records Management System Consolidation Attached please find the Joint Powers Agreement (JPA) for the Records Management System (RMS) that our Police Department will become part of, along with seven other Dakota County law enforcement agencies, and coordinated through the Dakota County Criminal Justice Information Integration Network (CJIIN) Group, as was previously st approved by the Council in the March 1, 2010 meeting. This JPA has been reviewed by City Attorney Dan Fluegel, Dakota County Attorney Jim Backstrom’s office, attorneys from other cities and the attorney for the League of Minnesota Cities. The other jurisdictions we will be partnering with are the Burnsville Police Department, Dakota County Sheriff’s Office, Farmington Police Department, Inver Grove Heights Police Department, Mendota Heights Police Department, South St Paul Police Department and West St Paul Police Department. As was previously mentioned in the earlier documentation Dakota County CJIIN will be hiring another full time employee to coordinate the RMS for the eight Departments utilizing it. This cost will be prorated based upon the number of users each Department has and the breakdown of those dollar amounts is included in the JPA. This will have a three budget commitment for the 2011, 2012 and 2013 City budget. Exhibit A of the agreement refers to the member cost allocation and pending grant money for each of the members. If you have any questions concerning this item please do not hesitate to contact me. Thank you. Joint Powers Agreement Between Dakota Law Enforcement Agencies to Establish and Maintain a Records Management System [Final] Prepared by the Dakota County Attorney’s Office 3/30/2010 1 TABLE OF CONTENTS RECITALS.............................................................................................................................1 PURPOSE...............................................................................................................................1 TERMOFAGREEMENT.......................................................................................................2 MANAGINGCOMMITTEEPOWERSANDFUNCTIONS...................................................2 MANAGINGCOMMITTEEMEMBERSHIP.........................................................................3 MANAGINGCOMMITTEEOFFICERS................................................................................4 MANAGINGCOMMITTEEMEETINGS..............................................................................4 ADDINGNEWDAKOTARMSMEMBERS.........................................................................4 WITHDRAWALOFADAKOTARMSMEMBER................................................................5 AUTHORITYDELEGATEDTOCJIIN..................................................................................5 RMSBUDGETANDCOSTSHARING..................................................................................6 PAYMENTS...........................................................................................................................7 DATAOWNERSHIPANDSECURITY.................................................................................7 TERMINATIONANDDISSOLUTION..................................................................................7 WITHDRAWALOFAMEMBER..........................................................................................8 LEGALLIABILITYANDINDEMNIFICATION...................................................................9 RESOLUTIONOFDISPUTES...............................................................................................9 FORCEMAJEURE.................................................................................................................9 MISCELLANEOUSPROVISIONS......................................................................................10 2 This Agreement is entered into between the following political subdivisions of the State of Minnesota, located within the County of Dakota, by and through their respective governing bodies: City of Burnsville City of Mendota Heights City of Farmington City of South St. Paul City of Hastings City of West St. Paul City of Inver Grove Heights County of Dakota Individually and collectively, the parties to this Agreement are referred to as the “Dakota RMS Members”. RECITALS WHEREAS, pursuant to Minnesota Statutes §? 471.59, the Dakota RMS Members are empowered to provide assistance to, and act in coordination with, other political subdivisions within the state of Minnesota as deemed necessary to benefit the public; and WHEREAS, the Dakota RMS Members wish to cooperatively engage in the acquisition, deployment and ownership of a Records Management System (RMS) to be utilized by the Dakota RMS Members and any outside agencies that want to utilize the RMS that are approved by the Dakota RMS Members, for the mutual benefit of all; and WHEREAS, by executing this Agreement the Dakota RMS Members intend to work cooperatively to improve the management of public safety and law enforcement information for participating Dakota County communities; and WHEREAS, each Dakota RMS Member represents that it is duly qualified and authorized to enter into this Agreement and will comply with its respective obligations and responsibilities as set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual undertaking and agreements hereinafter set forth, the Dakota RMS Members agree as follows: SECTION I PURPOSE Through this Agreement and the authority provided by Minnesota Statutes §? 471.59 to act cooperatively, the Dakota RMS Members will provide participating Dakota County law enforcement agencies with a multi-jurisdictional computerized records management system (RMS) that provides for the storage, retrieval, retention, manipulation, archiving, and viewing of information, records, documents, or files pertaining to law enforcement operations by each participating law enforcement agency. Other purposes of this Agreement include: A.To define the commitment of the Dakota RMS Members to provide the facilities, infrastructure, hardware, software, services and other items necessary and appropriate to acquire, establish, operate and maintain the RMS for the mutual benefit of the Dakota RMS Members and the people of Dakota County; 1 B.To authorize the Dakota RMS Members to approve the use of RMS services by other governmental units that are not Dakota RMS Members, through a fee for service contract; C.To define the rights and obligations of the Dakota RMS Members with respect to the acquisition, operation, use and maintenance of the RMS; and D.To authorize the Dakota RMS Members to create a managing committee (RMS Managing Committee or Committee) that receives information on and by popular vote decides matters that are relevant to operation of the RMS and other the purposes as set forth in this Agreement. SECTION II TERM OF AGREEMENT This Agreement shall be effective upon execution as authorized by the governing body of all parties hereto (Effective Date) and shall continue until terminated as provided in Section XIII. No party may withdraw from this Agreement until three (3) years from the initial date the RMS is first used as the primary operational records management system by any one of the Dakota RMS Members (Initial Date). If there is any disagreement among the Dakota RMS Members as to the Initial Date of operation, the RMS Managing Committee will make the final determination of the Initial Date. SECTION III MANAGING COMMITTEE POWERS AND FUNCTIONS The coordinated effort between the Dakota RMS Members that is required to establish and maintain the the operational aspects of the multi-jurisdictional records management system shall be directed by the RMS Managing Committee which shall possess the following powers: A. To take actions necessary and convenient to discharge the duty to implement, maintain, and operate a multi-jurisdictional records management system; B. To adopt bylaws consistent with this Agreement as deemed necessary to effectively exercise the powers of the RMS Managing Committee and to accomplish its objectives; C. By May 1 of each year, to adopt a recommended annual operating and capital budget for the RMS operations and capital needs for the following calendar year, including a statement of sources of funding and allocation of costs among the Dakota RMS Members, to be presented to the governing bodies of each of the Dakota RMS Members for approval; D. To set and modify fees to be paid by Dakota RMS Members or other agencies outside Dakota County for access to the RMS, and for any special service or RMS functionality that is provided to some Dakota RMS Members constituting less than a majority of the Members, or provided to agencies outside Dakota County. 2 E. To provide direction to Dakota County Criminal Justice Information Integration Network (CJIIN) program staff and Dakota County on the use of RMS system funds and the acquisition of upgrades and modifications to the RMS application and System. The powers of the RMS Managing Committee are limited to directing the acquisition, use and maintenance of the RMS and the Committee is not an independent government entity nor joint powers board as defined in Minnesota Statutes §? 471.59, Subd. 11 (2009). SECTION IV MANAGING COMMITTEE MEMBERSHIP 4.1 RMS Managing Committee Members All parties to this Agreement and any political subdivisions within Dakota County added later are the Dakota RMS Members. Each Dakota RMS Member shall have one representative (Representative) on the RMS Managing Committee and each Representative is entitled to one vote. The Representatives’ votes shall be non-weighted (all votes having the same weight). If the Committee determines that a law enforcement agency outside of Dakota County should be permitted to use the RMS application and services for its own law enforcement records through a service agreement with Dakota County, the outside agency may attend and participate in discussions at RMS Managing Committee meetings, however the outside agency will not have a Representative on the Committee and will have no vote on matters coming before the Committee. 4.2 Appointment of RMS Managing Committee Representatives Each Dakota RMS Member shall appoint an individual Representative to represent that Member on the RMS Managing Committee and attend Committee meetings and vote on measures coming before the Committee. Within each Member, the Representative selection and appointment process shall be as determined by that Member, consistent with the terms of this Agreement. The Representatives shall be elected officials or employees of the Member. The Representatives serve without salary or compensation from the RMS Managing Committee. Each Member may also designate one named elected official or employee as an alternate Representative to attend Committee meetings and vote on measures coming before the Committee when the primary Representative is absent, consistent with the procedures contained in Bylaws adopted by the Committee. If a Representative or alternate Representative ceases to be an elected official or employee of the Member during his or her term, such seat shall become vacant until a successor Representative is appointed by that Member. 4.3 Requirement of Good Standing Continued participation on the Committee by any Dakota RMS Member shall be contingent upon payment of the annual assessment of costs and any additional fees as determined by the RMS Managing Committee as set forth in Section X. 3 SECTION V MANAGING COMMITTEE OFFICERS The RMS Managing Committee shall have two Officers; a Chair and Vice Chair. The Chair and Vice Chair shall be elected from among the appointed representatives of the RMS Managing Committee. They shall hold office for one year terms commencing with the election of officers at the first meeting of the Committee each calendar year. The officers shall comply with any conditions set forth in Bylaws adopted by the RMS Managing Committee. Chair: The Chair of the Board shall conduct meetings of the RMS Managing Committee, prepare and publish meeting agendas and minutes, and perform all duties incident to the office of Chair and other duties as delegated by the RMS Managing Committee from time to time, provided that such actions are consistent with this Agreement and the Bylaws, if any are adopted by the Committee. Vice Chair: If the Chair is absent or incapacitated, or in the event of the inability or refusal of the Chair to act, the Vice Chair of the RMS Managing Committee shall perform the duties of Chair. SECTION VI MANAGING COMMITTEE MEETINGS The RMS Managing Committee shall have at least two regular meetings each calendar year at a date, time and location indicated in the meeting notices. The Chair may schedule more regular meetings as the Chair deems appropriate or as established by the Bylaws adopted by the RMS Managing Committee. At least 21 days prior notice shall be provided to each Representative and alternate Representative of the date, time and location of such regular meetings. All meetings shall be subject to Minn. Stat. §13D, the Open Meeting Law. A special meeting of the RMS Managing Committee may be called by its Chair or by any four Representatives of the Committee on at least 3 days notice. SECTION VII ADDING NEW DAKOTA RMS MEMBERS Any political subdivision within Dakota County that maintains a law enforcement agency, but is not a party to this Agreement, is eligible to become a Dakota RMS Member and use the records management system. A new Dakota RMS Member may be added after the Effective Date if the addition of the Member is approved by a majority vote of the RMS Managing Committee. Any political subdivision that becomes a Dakota RMS Member after the Effective Date shall be solely responsible for all costs of adding or modifying hardware, software or services necessary to effectively accommodate the operational needs of the new Member, and of insuring that there is no degradation of existing system capability due to the new Member's needs, as determined by the RMS Managing Committee. Each new Dakota RMS Member shall pay a pro rata share of the normal, continuing operating expenses of the RMS as well as a pro rata share of any special assessments, as approved from time to time by the Dakota RMS Members. A 4 political subdivision seeking to become a Dakota RMS Member may be required to pay one-time initiation, assessment and capital investment fees or to establish an escrow account for such fees as determined by the RMS Managing Committee. SECTION VIII WITHDRAWAL OF A DAKOTA RMS MEMBER A Dakota RMS Member may withdraw from this Agreement after three (3) years has elapsed from the Initial Date. Withdrawal shall be accomplished as set forth in Article XIV of this Agreement. Withdrawal shall not discharge any liability that was incurred or chargeable to the withdrawing Member prior to the effective date of withdrawal. No Member is entitled to a refund of cost-sharing assessments or other fees imposed by the RMS Managing Committee that have been paid or are owed for the costs of owning, operating or maintaining the RMS on the effective date of withdrawal. SECTION IX AUTHORITY DELEGATED TO CJIIN The parties to the Agreement delegate to Dakota County, acting through its CJIIN office or any successor to the CJIIN office, the authority to do the following: A.Provide analysis and assistance to the Dakota RMS Members in selecting a vendor to provide a multi-jurisdictional records management system that will best meet the needs of the Members. B.Enter into one or more contracts with the selected vendor to: 1.Purchase a sufficient number of end user licenses for the selected multi-jurisdictional records management application which Dakota County shall own on behalf of all Dakota RMS Members; 2.Provide vendor customization of the application to meet the needs of the Members; 3.Provide vendor development of web services or other integration tools needed by the Members; 4.Deploy the application on hardware owned by Dakota County and located in Hastings, Minnesota for use by all Dakota RMS Members and outside agencies approved to use the RMS; 5.Provide vendor support and maintenance of the application after installation. C.Integrate the records management system with other CJIIN applications, as directed by the RMS Managing Committee and the CJIIN Steering Committee. D.Provide technical support and analysis to the Dakota RMS Members on the implementation and operation of the application to the extent that the Members provide adequate funds to the County to provide these services. At the request of any Dakota RMS Member, CJIIN and that Member will negotiate and enter into a service level agreement defining the services and support CJIIN will provide to that Member and the cost for services and support, if any. 5 SECTION X RMS BUDGET AND COST SHARING 10.1 Preparation of Recommended Annual Budget The cost of the RMS operations, maintenance, and capital projects will be shared by the Dakota RMS Members as determined by the RMS Managing Committee, and approved by the governing bodies of the Dakota RMS Members as part of their budget adoption process. Beginning in 2011, the Chair of the RMS Managing Committee shall prepare a proposed annual operating and capital budget no later than April 1st of each year and shall distribute the proposed budget to the RMS Managing Committee by April 3rd to allow Members to discuss the proposed budget at a regular meeting of the Committee and consult with their respective governing bodies. st No later than May 1 of each year, the RMS Managing Committee shall approve a recommended RMS operating and capital budget for consideration by the governing bodies of the Dakota RMS Members. During the first meeting of the RMS Managing Committee in 2010, the Committee shall approve an operating and capital budget for the remainder of 2010 with the funds to be provided by the Dakota RMS Members, grants or other sources as approved by a majority vote of the Committee. 10.2 Allocation of Costs to Dakota RMS Members For each annual operating and capital budget, the RMS Managing Committee shall also establish a cost-sharing allocation formula for the Dakota RMS Members and any outside agencies in amounts sufficient to provide the funds required by the approved annual operating and capital budget for the following year. Each Representative shall take all required actions to authorize the funds necessary to meet its obligations under the annual operating and capital budget as approved by the Members’ governing bodies. The allocation of RMS costs across the Members may be amended by the RMS Managing Committee each year at the meeting during which the Committee adopts the recommended annual budget for the following year. From the Effective Date of this Agreement as defined in Article II through the end of 2010, the 2010 budget costs will be allocated across Dakota RMS Members as described in Exhibit A, Member Cost Allocation. This allocation method will continue to be utilized until the formula is modified by the RMS Managing Committee consistent with this Section X. A Member’s allocation may not increase more 50% over the previous year allocation without the consent of that Member. 10.3 Fiscal Agent 6 The RMS Managing Committee may appoint one of the Dakota RMS Members to serve as the fiscal agent for the Members, with the consent of the selected Dakota RMS Member. The fiscal agent shall receive and manage RMS operating and capital funds related to the records management system, provide any budgetary and accounting services necessary and convenient for the Dakota RMS Members, including contributions and grant monies awarded to the Dakota RMS Members for the records management system, and to administer receipts and payments of funds required under contracts related to the records management system. The Member providing fiscal agent services and the RMS Managing Committee shall agree upon the specific tasks that the fiscal agent is obligated to perform on behalf of the Dakota RMS Members and reimbursement for providing such services, if any. SECTION XI PAYMENTS Each Dakota RMS Member shall pay its proportional share of the annual operating and capital budget to Dakota County on or before February 1 of each calendar year, or to the fiscal agent if one has been appointed. If the allocated costs include an extraordinary expense, the RMS Managing Committee may authorize payment of the allocated costs through a series of payments. SECTION XII DATA OWNERSHIP AND SECURITY 12.1 Data Ownership Any data that a Dakota RMS Member or outside agency enters into the RMS is owned by the Member that entered the data. Upon termination of this Agreement or a Member withdrawal from this Agreement, CJIIN shall provide a copy of the RMS data to the Member or Members that entered data into the application. 12.2 Data Security During the term of this Agreement, CJIIN or Dakota County shall, at a minimum, implement the following procedures designed to protect the security of the RMS data: A.Install and maintain industry standard firewalls regulating data entering Dakota County’s internal data network from an external source, which will enforce valid secure connections between internal and external systems; B.Maintain and follow a disaster recovery plan designed to allow access to the RMS and to prevent the unintended destruction of RMS data. SECTION XIII TERMINATION AND DISSOLUTION 13.1 Termination. This Agreement shall terminate upon the occurrence of any one of the following events: 7 ths A.When 4/5 of the Dakota RMS Members agree by non-weighted voting, pursuant to a resolution of their governing bodies, to terminate the Agreement. B.When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction. 13.2 Effect of Termination. Upon the occurrence of one or more of the events in Section 13.1, the following provisions shall apply. A.Termination shall not discharge any liability incurred by the RMS Managing Committee or the Dakota RMS Members or outside agencies during the term of this Agreement related to the acquisition, operation or maintenance of the RMS. B.Property that was acquired on behalf of and paid for by the Dakota RMS Members, but is owned by the Dakota County or CJIIN at the time of termination, shall be divided among the Dakota RMS Members remaining at the time of termination, in proportion to their financial contributions toward the operating and capital budgets for the preceding three (3) fiscal years. If unpaid liabilities related to the RMS exceed the value of all property assets described above, the difference shall be made up by contributions from all remaining Dakota RMS Members on a proportional basis according to the current annual budget assessment formula. C.The RMS Managing Committee shall prepare a final report of its activities and affairs prior to dissolution. D.Upon such termination and dissolution, and after payment of all debts, all files, documentation and RMS records shall be distributed to the Member that has jurisdiction over the subject matter of the file, documentation or records without charge. E.Equipment and property that is owned by an individual Dakota RMS Member that is being used by CJIIN or the RMS Managing Committee at the time of termination shall be returned to the owner upon termination and dissolution. SECTION XIV WITHDRAWAL OF A MEMBER At any time after three (3) years from the Initial Date, any Member may withdraw from the RMS system and this Agreement, subject to the provisions of this Section. st A.The withdrawing Member shall give written notice before July 1 of any year and at least 6 months prior to the intended date of withdrawal, in the form of a resolution passed by its governing body, a copy of which must be mailed or delivered to the Chair of the RMS Managing Committee. B.Withdrawal of a Member shall also constitute withdrawal of its Representative from the RMS Managing Committee. C.The withdrawing Member forfeits any and all interest, right, title and access to the RMS application, other than the Member’s data entered into the application. 8 D.The withdrawing Member is liable for all costs incurred by the other Dakota RMS Members as a direct result of the Member's withdrawal. E.The withdrawing Member shall continue to be responsible for one hundred (100%) percent of that Member’s pro rata share of the annual operating and maintenance costs of the RMS system that are incurred up to the date of withdrawal, and one hundred (100%) percent of that Member’s pro rata share of any capital obligations of the RMS system that were incurred prior to the date of providing notice of intent to withdraw and are due and payable before the effective date of withdrawal. F.Withdrawing shall not discharge the withdrawing Member of any and all liabilities incurred while it was a party to this Agreement related to the acquisition, operation or maintenance of the RMS. SECTION XV LEGAL LIABILITY AND INDEMNIFICATION Each Member to this Agreement is responsible for its own acts and omissions and for the acts and omissions of its officers, employees and agents. Each Member expressly confirms, and the other Members agree, that they will not be responsible for the liabilities, acts, or omissions of another Member or of the other Member’s officers, employees or agents. Each Member therefore agrees to indemnify and defend the other Members for claims arising out of acts or omissions of its officers, employees or agents asserted against another Member. The Members’ liability is governed and limited by the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. Nothing in this Agreement shall be construed as a waiver of any municipal tort liability limits, governmental immunities or defenses. Under no circumstances shall a Member be required to pay, on behalf of itself and other Members, any amount in excess of the limits of liability applicable to any one Member. The statutory limits of liability may not be added together or stacked to increase the maximum amount of liability for any Member. Each Member acknowledges and agrees that it is insured or self-insured consistent with the limits established in Minnesota Statutes. SECTION XVI RESOLUTION OF DISPUTES The Dakota RMS Members agree to engage in good faith efforts to resolve any disputes that arise over the terms of this Agreement or the acquisition, operation or maintenance of the RMS. Dakota RMS Members that have concerns about the operations of the RMS may appear at meetings of the RMS Managing Committee to discuss issues of concern. SECTION XVII FORCE MAJEURE A Member and CJIIN shall not be liable to the any other Dakota RMS Member or CJIIN for the failure to perform an obligation under this Agreement due to unforeseeable acts or events 9 outside the defaulting party's reasonable control, provided the defaulting Member gives notice to the other Dakota RMS Members and CJIIN 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. SECTION XIII MISCELLANEOUS PROVISIONS 18.1Entire Agreement: This Agreement shall supersede all prior oral or written statements, agreements and understandings between or among the parties hereto with respect to the establishment and operation of a multi-jurisdictional records management system. 18.2Severability: If any provision of this Agreement shall be held to be invalid by a court of competent jurisdiction, the remaining terms of this Agreement to the extent not inconsistent with any such holding, shall not be affected thereby if such remaining terms would then continue to conform to the requirements of applicable laws. 18.3Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall be deemed to constitute one and the same agreement. 18.4Waiver: Any right or remedy that a party may have under this Agreement may be waived in writing by such party without the execution of a new or supplementary agreement, but any such waiver shall not affect the future exercise of the rights of such party hereunder (to the extent not previously waived in writing) or any other rights of the parties not specifically waived. No waiver of any right or remedy by any party at any one time shall be deemed to be a waiver of any such right or remedy in the future. 18.5Amendments, Modifications: This Agreement may be amended or modified only by a written document, duly executed by all parties that are Dakota RMS Members on the date the amendment is executed by the last Member. 18.6Section Headings: The descriptive headings of the articles, sections and subsections of this Agreement are for convenience only and shall not affect the meaning or construction of any of the provisions hereof. 18.7Governing Law: The respective rights, obligations and remedies of the parties under this Agreement and the interpretation thereof shall be governed by the laws of the State of Minnesota which pertain to agreements made and to be performed in the State of Minnesota. 18.8Binding Effect: This Agreement shall be binding upon and shall inure to the benefit of the parties hereto. 18.9Further Assurances: Each party hereto shall from time to time execute, acknowledge and deliver such further instruments and perform such additional acts at no cost to such party as the other party may reasonably request to further effectuate or confirm the intent of this Agreement. 10 18.10Good Faith: In exercising its rights and fulfilling its obligations hereunder, each party shall act in good faith. Each party acknowledges that this Agreement contemplates cooperation between and among the parties. O:\civil\contracts\2010\RMS JPA Final 3-30-2010 (tracked changes) 11 IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute §471.59. Approved by the City Council CITY OF APPLE VALLEY Date ____________________ By Date of Signature Attest Date of Signature 12 Approved by the City Council CITY OF BURNSVILLE Date ____________________ By Date of Signature Attest Date of Signature 13 Approved by the City Council CITY OF FARMINGTON Date ____________________ By Date of Signature Attest Date of Signature 14 Approved by the City Council CITY OF HASTINGS Date ____________________ By Date of Signature Attest Date of Signature 15 Approved by the City Council CITY OF INVER GROVE HEIGHTS Date ____________________ By Date of Signature Attest Date of Signature 16 Approved by the City Council CITY OF MENDOTA HEIGHTS Date ____________________ By Date of Signature Attest Date of Signature 17 Approved by the City Council CITY OF SOUTH ST. PAUL Date ____________________ By Date of Signature Attest Date of Signature 18 Approved by the City Council CITY OF WEST ST. PAUL Date ____________________ By Date of Signature Attest Date of Signature 19 Approved by Dakota County Board COUNTY OF DAKOTA Resolution No. _______________ By Date of Signature Dakota County Attorney’s Office Approved as to Form (Asst County Atty): Dakota County Judicial Center 1560 Highway 55 By Hastings, MN 55033 Date of Signature 651-438-4438 Approved as to Execution (Asst County Atty): By Date of Signature 20 Exhibit A - Member Cost Allocation Dakota County RMS Joint Powers Agreement The costs incurred to acquire, operate and maintain the multi-jurisdictional records management system will be allocated across the Dakota RMS Members during 2010, and thereafter until modified by the RMS Managing Committee, as follows. The cost to purchase the RMS application user and administrator licenses and the professional services to configure, customize and construct needed interfaces with the RMS application will be paid by equal contributions from each of the Members. The total cost allocated to the Members will first be reduced by the amount of grant funds the County determines it will apply toward the RMS acquisition and professional services costs. The cost of each annual support and maintenance agreement with the RMS application vendor will be paid by equal contributions from each of the Members. The cost of County/CJIIN staff required to provide technical support to the Dakota RMS Members will be paid by contributions from each of the Members. Each Member’s contribution will be that share of the total CJIIN staff costs equivalent to the proportion that the Member’s CJIIN users is to the total number of CJIIN users for all Dakota RMS Members at the time the RMS Managing Committee adopts each recommended annual RMS budget. The cost of the annual hosting fee for the RMS application will be paid by equal contributions from each of the Members. 21 X N i C a rn 41 m U ~. 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