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Home My WebLink About20100503 - VI-10WA April 7, 2010 Dakota County City Managers Re: 2010 Aerial Photography The total cost of this project is $67,712, with cities paying a total of $20,440 distributed using a model similar to that which we used to distribute the cost of Pictometry in 2005 and 2008. We expect to take delivery of this aerial photography sometime in mid - summer, after which we will work with your staff to distribute it. As discussed during the City Managers meetings, this is a temporary substitute for the Pictometry digital aerial imagery we were due to acquire this year. Although it will not include oblique imagery, it will provide us with high resolution, mapping quality ortho photography. We continue to have full access to all Pictometry imagery and software and will be evaluating our options this summer for acquiring new oblique imagery in 2011. If you have any questions regarding the JPA, please contact me at 952 - 891 -7003. Sincerely, Tammy Drum o d Contract Services Coordinator Enclosed please find the Joint Powers Agreement (JPA) for cost Physical Development Division sharing related to the purchase of aerial photography in 2010. You Lynn Thompson, Director may recall the presentation made on this topic at the City Managers Dakota County meeting in July, 2009, and again in February of this year. If you are Western Service Center unfamiliar with this please contact Randy Knippel at 952- 891 -7080. 14955 Galaxie Avenue Apple Valley, MN 55124 Please have the appropriate authorized individuals and date the 952 2- signature page and return to me at the following address. Fax 95291-7 031 89 1 -7 www.dakotacounly.us Dakota County Physical Development Division — 3 rd Floor Environmental Mgmt Dept T Drummond Tammy Natural Areas Program Farmland & Natural Office of GIS 14955 Galaxie Avenue Parks & open Space Department Apple Valley, MN 55124 Surveyors Office Transit Office Transportation Department Once the agreement has been fully executed, a complete copy will Water Resources Department be sent to each city with an invoice. The total cost of this project is $67,712, with cities paying a total of $20,440 distributed using a model similar to that which we used to distribute the cost of Pictometry in 2005 and 2008. We expect to take delivery of this aerial photography sometime in mid - summer, after which we will work with your staff to distribute it. As discussed during the City Managers meetings, this is a temporary substitute for the Pictometry digital aerial imagery we were due to acquire this year. Although it will not include oblique imagery, it will provide us with high resolution, mapping quality ortho photography. We continue to have full access to all Pictometry imagery and software and will be evaluating our options this summer for acquiring new oblique imagery in 2011. If you have any questions regarding the JPA, please contact me at 952 - 891 -7003. Sincerely, Tammy Drum o d Contract Services Coordinator Dakota County Contract #11937 JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF HASTINGS FOR COST SHARE RELATED TO THE PURCHASE OF AERIAL PHOTOGRAPHY 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 Hastings (City) is a Minnesota municipal corporation; and WHEREAS, the County has agreed to purchase aerial photography of Dakota County from Surdex Corporation at an estimated cost of $67,713.00; and WHEREAS, the City desires to utilize the aerial photography and is willing to cost share in the amount of $1,232.00 towards the purchase of said aerial photography. 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 purchase and use of aerial photography from Surdex Corporation. ARTICLE 2 PARTIES The parties to this Agreement are Dakota County, Minnesota (County) and the City of Hastings, 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 September 30, 2010, 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 5.9 The County will purchase aerial photography of Dakota County from Surdex Corporation at an estimated cost of $67,713.00. 5.2 The City will pay to the County the sum of $1,232.00 which shall be applied towards the purchase price of the aerial photography 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 aerial photography from the County and use said aerial photography 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 aerial photography purchased by the County from Surdex Corporation, 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. 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: TO THE COUNTY: Lynn Thompson or successor, Director Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 TO THE CITY: Paul Hicks or successor, Mayor Hastings City Hall 101 4" St. E. Hastings, MN 55033 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. 2 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: Dave Osberg, City Administrator Telephone: (651) 480 -2383 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. CITY OF HASTINGS VA Paul Hicks, Mayor Date of Signature: City Clerk Date of Signature: COUNTY OF DAKOTA APPROVED AS TO FORM: i a V 0: !- � A e,n -cam- y (¢ a-U ID A sistant D kota Cou ty Attorney Oat6 Lynn Thompson, Director Physical Development Division Date of Signature: go e County Board Res. No. 10 - K -10- 89.005