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HomeMy WebLinkAbout15.F.11. INET Agreement ;5.F,)/. City of Shakopee Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tracy Schaefer, Assistant to the City Administrator SUBJECT: INET Agreement MEETING DATE: June 17,2003 Introduction Direct city staff to enter into the Joint and Cooperative Agreement with School District #720 and Scott County to finalize and maintain the INET. Background City Council gave city staff approval to move forward with the construction of an INET in August 2001. Almost two years later, the INET is functional for all three entities; city, school district and the county. City staff has been very pleased with the new capabilities and easy use of the new INET. When city staff first presented the INET concept to the City Council, over $250,000 was budgeted for the project. To date, roughly $150,000 has been spent. These additional funds will allow the city to implement Phase II of the INET, installing V oice/IP (phone system) for the police department and library in 2003 rather than in 2004/2005. The attached Joint Powers Agreement and Maintenance Agreement layout out the legal and technical responsibilities of each entity. Each entity will have an equal vote for all INET matters including maintenance, repair and expansions. Such shared responsibilities have significantly decreased construction and operational costs of the INET. Attached is a map that lays out the INET locations. City locations include: City Hall, Police Department, Public Works and Community Center. It is the goal of city staff to add Fire Station No. 51 in the near future. INET Benefits/Cost Savings The joint cooperation and expertise ofthe three entities have already saved the City of Shakopee funds. It will continue to save the city money and will allow new technologies to be used to better serve our customers. INET benefits are many, but here are a few highlighted areas: 1) Centralization of Services - Currently each city facility operates and purchases/leases its own server, TI line, and other technology equipment. A new room is being built at the police station to house the city's server and related technology. Such centralization will increase security, decrease hardware and 1 software costs, but equally as important decrease staff time from running building to building to fix a problem. 2) Telephony (V oice/IP) - Phone lines can be now run over the fiber rather than a traditional phone system. The Telecommunications Commission has already committed to and supports implementing the new phone system at the police station and library in 2003 and the rest ofthe city in early 2004. 3) Maintenance Agreement -The city has traded staff time for the technological expertise of the school district and county in maintaining the centralized system. 4) Centralization of Equipment - Centralizing the system will reduce the amount of space needed in each building to house and store similar equipment. The Police Department will serve as the new central space for city technology. 5) Future Technologies - Many services currently cannot be offered with the present technology. For example, the Park and Recreation Department would not have the capacity on its 56K dedicated circuit to offer online registration to its customers. Park & Recreation will not need to lease more capacity from Qwest when it begins to offer Park & Recreation online registration in 2004. 6) Security and Control of System - Shakopee no longer has to rely on the technology of other providers such as Qwest and deal with their prices increases. The fiber lines are more secure for sensitive information from areas like the police department. 7) Technology Support- Video conferencing, video streaming, online applications, increased capacity, video streaming for city meetings will be easier to implement, since the coax system built by Time in 1981 is old and dated and unable to support new technologies. 8) Redundancy - INET offers emergency management capabilities. For example, if the police department were hit by a tornado/terrorism incident, its phone system (IP) and computer network could easily be accessed at another city building location. Staff hopes to implement this redundancy in 2004. Recommendation Direct appropriate city officials to enter into the Joint Powers Agreement with School District #720 and Scott County. 2 t Joint and Cooperative Agreement Institutional Communications Network ( I-Net) Independent School District No. 720 City of Shakopee Scott County June 1, 2003 JOINT AND COOPERATIVE AGREEMENT FOR DEVELOPMENT OF AN INSTITUTIONAL COMMUNICATIONS NETWORK I This Agreement, is entered into this 1st day of June, 2003 by and between the City of Shakopee, Independent School District No.720, and Scott County. The parties to this agreement are governmental units ofthe State of Minnesota. This agreement is made and entered into pursuant to Minnesota Statutes, Section 471.59. NOW, THEREFORE, in consideration of the mutual promises, covenants and consideration herein contained, the parties agree as follows: ARTICLE 1. GENERAL PURPOSE The general purpose of this Agreement is enable the parties to jointly and cooperatively develop and implement plans for the enhancement of communications among institutional sites, and to construct and operate a communications network delivering comrriunications services to institutional sites. The parties wish to find the most cost effective solution to interconnect their facilities in a manner that will handle growing voice, data and, video communication needs. With that objective in mind, the parties wish to install, operate and maintain a fiber optic based Institutional Network ("I-Net") to carry voice, data and video between their facilities. Backbone fiber is to be installed between identified institutional sites and facilities. The I-Net will be made up of numerous individual strands within a common conduit. Sharing the cost of the infrastructure will benefit the parties. Installing fiber optic cable will save the parties a portion of their present service costs while expanding available capacity. Each of the parties' facilities served by the I-Net will be provided with a number of strands of single mode fiber optic cable that would run back to a central hub. The School District's High School would become the center of the network for the School District, the Police Department would be the center for the City, and the Scott County Government Center would be the center for the County. The parties will individually provide all equipment and cabling necessary to connect their facilities to the fiber backbone. The parties' Local Area Networks, telephone, video and other communications systems will similarly be individually provided and connected to the I-Net. However, this Agreement may be utilized to provide joint purchase of common individual equipment needs. Joint purchase may occur when it is determined that standardization of equipment is in the best interest of the parties. ARTICLE 2. DEFINITIONS Section 1. For purposes of this agreement, the terms defined in this Article have the meanings given them. Section 2. "Agreement" means this agreement. RN-203872vl SHlSS-22 Section 3. "Director" means the person appointed to represent a party to this Agreement on the joint powers board established herein. Section 4. "Member" means a governmental unit that is a party to this agreement and is in compliance with and in good standing under this agreement. ARTICLE 3. MEMBERSHIP Section 1. Any governmental unit is eligible to be a Member. Section 2. The initial Members of the membership are School District #720, the City of Shakopee, and Scott County. Section 3. Unanimous approval is required for the admission of additional units as Members. Any governmental unit approved as a Member must execute a copy of this Agreement. Section 4. The initial Members may agree to impose reasonable conditions on the admission of additional governmental units and may determine the initial financial contribution of a new Member at the time the Member is admitted. The terms of this Agreement may be modified in order to accommodate the addition of a Member. ARTICLE 4. JOINT POWERS BOARD Section 1. Joint Powers Board. There is hereby created a joint powers board that shall have such powers as specified in this Agreement, including all powers necessary to operate, manage and control the I-Net and the backbone fiber. The joint powers board shall have the responsibility for the planning, financing, development, design, constniction, operation, management, control and administration of the I-Net and the backbone fiber installed for that system. Section 2. Directors: Appointment. The joint powers board shall consist of three (3) Directors. The City, School District and County shall each appoint one Director. The Directors of the joint powers board shall be either part of a Member's staff, or serve on the appointing Member's governing body. A Director shall serve at the pleasure of the Member's governing body, and for such term as the Member desires. Section 3. Meetings. Subd. 1. Timing: Location. The joint powers board shall meet at such times and places as designated by the joint powers board. The first meeting shall be at a time and place agreed upon by the City, School District and County. At this initial organizational meeting, the joint powers board shall choose its officers and conduct such organizational business as may be necessary. Subd. 2. Annual Meeting. On or before June 1 of each year, the joint powers board shall meet to review the operation, management, control or administration of the I-Net and the backbone fiber, and to make any recommendations deemed appropriate. At this meeting, RJV-203872vl SHlSS-22 the joint powers board shall address any issues raised by the City, School District or County. Subd. 3. Special Meetings. Special meetings may be called by the chair of the joint powers board. Subd. 4. Open Meeting Law; Conduct of Meetings. All meetings of the joint powers board shall be subject to the Open Meeting Law and shall be open to the public as provided by law. Public notice of regular or special meetings of the joint powers board shall be given in the manner required by Minnesota Statutes, ~ 471.705, as amended. The conduct of the meetings shall be governed by Robert's Rules of Order Revised and by any rules or policies for the conduct of meetings adopted by the joint powers board. Section 4. Ouorum; Approval of Action. A quorum for the transaction of business of the joint powers board shall be all of the Directors of the joint powers board. Any motion or resolution of the joint powers board must be approved by a majority of the initial members of the joint powers board unless a greater number is required by the rules or policies adopted by the joint powers board for the conduct of its meetings. Section 5. Officers. The officers of the joint powers board shall be a chair and such other officers as determined appropriate. The officers shall be elected by the Directors of the joint powers board at its initial organizational meeting and annually thereafter. Each officer shall hold office for a one (1) year term and untiLa successor is elected. ARTICLE 5. ADMINISTRA nON Section 1. Management Agreement. The Members agree to enter into a'Management Agreement. (Exhibit A) The joint powers board will be responsible for drafting and recommending such Management Agreement and may adjust the agreement as needed. The Management Agreement will identify the responsibilities of the joint powers board and Members for operating and maintaining the conduit network, fiber network, and "customer premises equipment." The Management Agreement will further detail how access to and use of the network will be managed. Section 2. Management to Be Shared. The Members agree that that contributions pursuant to the Management Agreement may be made through monetary support or in-kind contributions, or a combination thereof The Members intend to equitably divide these responsibilities. Section 3. Individual Duties. The parties shall individually establish such policies and take such steps as may be necessary to insure the integrity and continued operation of the I-Net and the backbone fiber. They shall each provide such advice and assistance to the joint powers board as may be required to plan, finance, develop, design, construct, operate, manage, control and administer the I-Net and the backbone fiber. Section 4. Administrative Duties. The Management Agreement shall designate which jurisdiction(s) shall provide all necessary administrative services for the full functioning of this Agreement. The services shall be provided under the direction and control of the joint powers board. These services shall include financial, technical, legal, and general administration. RJV -203872vl SHl55-22 Section 5. Employees. Employees of the City, School District, and County shall not be considered employees of the joint powers board for any purpose including, but not limited to, salaries, wages or other compensation or fringe benefits; worker's compensation; unemployment compensation of reemployment insurance; retirement benefits; social security; liability insurance; keeping of personnel records and termination of employment. Except as provided herein, none of the parties shall be responsible or liable for the payment of wages or other remuneration to the other parties or to the other parties' employee(s), notwithstanding the fact that employees may, from time to time, provide services which benefit the other(s). ARTICLE 6. I-NET DEVELOPMENT Section 1. As provided in Article 7, the Members agree to jointly and cooperatively develop, construct, and operate the I-Net by and through the joint powers board. Section 2. The institutional sites served by the I-Net must be operated by a Member, and the communications delivered by a Member over the I-Net must be related to or in furtherance of the purposes for which the Member is organized. Section 3. In the event a Member determines to provide communications services to a non- member, including to a private party for a fee, the Member shall provide at least ninety (90) days notice to the joint powers board. Any Member that determines to provide service to a non-member shall be solely responsible for obtaining all necessary regulatory approvals and shall be solely responsible for all related expenses, including legal expenses. The Members may modify or amend this Agreement as is appropriate to accommodate the provision of services to a non-member. Any such amendment requires unanimous consent of the initial members and shall detail: a. The distribution of any revenues generated by the provision of services to a non-member; b. Responsibility for billing and collections, customer service, and related matters, and; c. The amount and nature of the communications capacity to be delivered to the non-member. ARTICLE 7. ESTABLISHMENT OF I-NET Section 1. Budget Initial Finances: Continuing Capital Costs. Subd. 1. Initial Budget and Design. The budget and design for the construction of the 1- Net, and its backbone fiber shall be under a budget, design and financial obligations adopted by the joint powers board and approved by the governing bodies of the City, School District, and County. Subd. 2. Initial Finances. The joint powers board is authorized to construct the I-Net, its backbone fiber and acquire such items of personal property and any real property needed to carry out its functions. To accomplish this objective the joint powers board may accept contributions RJV-203872vl SH155-22 toward capital costs from the City, School District, and County. Additionally, the joint powers board may enter into lease-purchase agreements, issue bonds or other obligations pursuant to any law by which the parties may independently enter into such obligations. The joint powers board is further authorized to use any contributions toward capital and the proceeds of any obligations to carry out the purposes for which they were given or issued. Unless this Agreement is amended to the contrary, the title to real and personal property acquired with the contributions to and capital received from the parties, shall vest in the joint powers board. Subd. 3. Contribution to Initial Obligations. The City, School District, and County shall make initial contributions to the I-Net as provided in the table attached hereto as Exhibit B. Subd.4. Continuing Capital Costs: Budgets On or before June 1 of each year, the joint powers board shall, by unanimous approval of Directors, adopt a proposed continuing capital costs budget for the ensuing year and decide upon the total amount necessary for new and existing capital projects and the financial obligations necessary to support the projects. The joint powers board shall certify the budget on or before June 1 to the administrator of each of the Member's governing bodies, together with a statement of the proportion of the budget to be contributed by each party. By July 1 of each calendar year, the governing body of each of the Members shall approve or object to the proposed budget, the financial obligations proposed and the parties financial contribution and give notice of its action to the joint powers board. The budget, financial obligations proposed and the parties financial contribution shall be deemed approved in the absence of action by August 1. Final action adopting a budget for the ensuing calendar year shall betaken by the joint powers board on Of before September 1 S. of each year, The parties shall make payments for continuing capital costs to the joint powers board in a payment by December 31 st of each year. Subd. 5. Contributions Toward Continuing Capital Costs. The City, School District, and County shall make payments of the continuing capital costs of the I-Net. The share of these costs shall be determined as follows: a. Generally, the cost of labor, locates, materials shared by the parties shall be evenly divided. Inside City of Shakopee limits, the City of Shakopee will be responsible for the costs associated with initially obtaining permission to use rights of way along common paths. The cost of materials, including conduit and individual strands of backbone fiber, designed for the exclusive use of a party shall be the responsibility of the party receiving the benefit of the use. Outside City of Shakopee limits, Scott County will be responsible for the costs associated with initially obtaining permission to use rights of way along common paths. b. Each Member will pay the cost of the installation of conduit in accordance with plans and specs attached hereto as Exhibit C (Conduit Construction and Usage Specifications). Each Member will pay the cost of the installation of fiber optic cable in accordance with plans and specs attached hereto as Exhibit D (Fiber Construction Specifications). c. The Members agree that the School District will contract for and pay the cost of the installation of 4" conduit. Installation is anticipated to be RJV-203872vl SH155-22 completed no later than August 1, 2002. In exchange, the School District and other Members will have the right to use conduit capacity to the extent provided in Exhibit C. The Members agree that, pursuant to this Agreement, all parties have contributed equivalent consideration with respect to construction of conduit. Payments shall be made to the joint powers board. Calculation of payments shall include adjustments for payments made by the City, School District, or County for the cost associated with paths that when initially constructed were not shared but become shared paths as a result of subsequent construction. Adjustments shall reflect a sharing of, costs as if the subsequently shared path was being newly constructed as a shared path. A design engineer selected by the joint powers board shall provide an estimate of current construction cost of the previously constructed path. That estimate shall be used in making any adjustments to payments by a Member. In no case will adjustments reflect a cost of construction, which is less than the initial installation cost. If adjustments exceed the payment owed by Member, the excess shall be credited to the accounts of the joint powers entity. The joint powers board shall apply the excess adjustment in the order which follows: a. First to retire the existing debt obligation of the party entitled to the adjustment. b. Second toward the payment of the annual contribution to the general fund by the party entitled to the adjustment. Section 2. Contributions to General Administration. The Members may contribute each year to a general fund for the joint powers board. The annual contribution of Members may be established in the budget for the joint powers board. Contributions to the general fund are to be used for general administration purposes. The joint powers board funds may be expended by the joint powers board in any manner determined by the board, but the method of disbursement shall agree, as far as practicable, with the method provided by law for the disbursement of funds by the Members. Section 3. Obiection to Financial Contribution. If a Member objects to their financial contribution, the joint powers board shall meet with representatives of that Member and attempt to resolve any differences. If this effort is unsuccessful, any Member which has objected to its financial contribution as stated in the proposed budget may withdraw from this Agreement in accordance with the provisions of this Agreement. Section 4. New Members. Any subsequent Members shall make a contribution that is determined by Joint Powers Board. Section 5. Updated Contribution List. The list of contributions attached as Exhibit B shall be annually modified to accurately reflect Member contributions. Each Member shall provide to the other Members, no later than May 1 st, a list detailing all costs incurred or claimed pursuant to this Agreement for the prior year. Members shall have until August 1st to review and object to claimed RN-203872vl SH155-22 costs. Unless a written objection to a claimed cost is timely submitted to all Members, the costs presented shall be deemed approved and incorporated into a revised Exhibit B. ARTICLE 8. CONTRACTS AND BIDDING: PURCHASES Section 1. Contracts; Bidding. Contracts shall be let and leases, purchases, rental and sales of equipment and supplies, professional or other services for the I-Net shall be made by the joint powers board in accordance with the legal requirements applicable to the Members. Section 2. Joint Purchasing. The Members may purchase or sell equipment, materials, supplies and fixtures under a joint arrangement or bidding process. Section 3. Inventory. The joint powers board shall maintain in its records an inventory of all real and personal property. ARTICLE 9. WITHDRAWAL . Section 1. A member may withdraw from this Agreement by giving thirty (30) days written notice to all other Members. Section 2. No refund of any portion of a Member's cumulative contribution shall be paid to a withdrawing Member. ARTICLE 10. TERMINATION Section 1. This Agreement may be terminated by agreement of the Members. Section 2. In the event of termination, the Members shall determine the measures necessary to make payment of all outstanding obligations. The assets constructed pursuant to this Agreement will be distributed among the existing Members in proportion to each Member's documented contributions. If the outstanding obligations exceed the value of the assets, the net deficit will be paid by the existing Members equally. Section 3. The Members recognize that the real and personal property that comprises the I-Net will be paid for by the Members. If the joint powers board were to be dissolved, it is the intent of this subdivision that the real and personal property that comprises the I-Net would be treated as the property of the Members. Each Member would receive full credit for that real and personal property prior to the distribution of any other assets. ARTICLE 11. EFFECTIVE DATE: DURATION: MISCELLENOUS PROVISIONS Section 1. This Agreement will continue in effect indefinitely unless terminated in accordance with its terms. Section 2. Accept as otherwise provided herein, this Agreement may be amended by consent of all Members. IUV-203872vl SH155-22 Section 3. This Agreement shall be effective on the day when an executed copy of the Agreement has been filed by each Member with the City Clerk of the City of Shako pee. Section 4. Should 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. Should any such provision or article be found unlawful, representatives of the Members shall meet for the purpose of arriving at an agreement on a lawful provision to replace the unlawful provision or article. The newly agreed upon provision or amendment must be approved by the governing body of each Member. Section 5. Each Member shall be liable for its own acts to the extent provided by law and hereby agrees to indemnify, hold harmless and defend the other, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the other, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants or employees, in the execution, perfonnance, or failure of adequately perfonn its obligations pursuant to this Agreement. This agreement to indemnify and hold harmless does not constitute a waiver by either party of limitations on liability provided by Minnesota Statutes, Chapter 466, or other applicable law. Section 6. As I-Net is recognized as an entity by the State of Minnesota, the Members agree that ifI-Net is sued, any attorney's fees incurred by I-Net will be equally shared. IN WITNESS WHEREOF, the undersigned governmental unit has caused this agreement to be executed by its duly authorized officers and delivered on its behalf. Date: fo 1'110<1. School District No. 720. " d1Q b By ,...~ _ ....... Its: School Board Chair Date: . ..::R0)-= By By vtt l-/YLU:J.O Its: Mayor Its City Clerk Its: City Administrator Scott County By Its: County Administrator RN-203872vl SH155-22 Exhibit A Management Agreement & Roles and Responsibilities The I-Net is an asset that will benefit the City of Shakopee, Scott County, and Independent School District 720. The various accompanying responsibilities for the I-Net from conception through maintenance and expansion represent a team effort among the City, County, and School District. Listed below are the key roles and responsibilities: City. School. County . Designate a Project Manager for construction and installation of the I-Net. . Provide construction oversight, in conjunction with the Joint Power Board's consultant. . Budget annual resources for I-Net physical infrastructure maintenance, electronics and equipment. . Allocate human resources for I-Net maintenance needs. . Maintain the physical I-Net infrastructure and associated rights-of-way (ROW). .. Select a private firm that will be responsible for any emergency repairs and/or maintenance issHes of the INET. All entities agree to use this one company for such needs and servIces. . Each entity will be responsible for payment of the locate agreement based upon the mileage of fiber constructed. These figures are subject to change depending upon the configuration and/or needs of the I-Net. The school will be responsible for 44%, county 48% and the city 8% of the annual payment due in February to the private locate company. . Encourage each entity to.promote a.state-:of.the-:art telecommunications. infrastructuretQ residents and businesses with competitive service options. . Study and recommend effective and innovative ways that telecommunications products and services can be used. . Continually evaluate the I-Net applications, keep abreast of new technologies and applications, and get the best possible usage out ofI-Net. . Evaluate expansion possibilities and determine order of installation based on the established criteria. """--...-,-...-. School . Coordinate the I-Net for internal wiring of the City, School, County buildings designated on the I-Net. . Monitor Access/C&L contract (I-Net oversight and construction). . Serve as a central point of contact for contractors. Issue Notices to Proceed for all contractor tasks and subtasks. . Budget for the annual maintenance in terms of active electronics/equipment. . Maintain I-Net HUB at the High School. Providing general technical oversight of the I- Net. City . Provide legal advice on any contractual issues. . Provide legal counsel on any telecommunications legislation. . Work with City Attorney to secure property rights as necessary for installation and maintenance of wiring to buildings. . Develop, maintain, and execute agreements for the Joint Powers Board. . Provide for ROW maintenance and management within City boundaries. . Monitor Access/C&L contract (I-Net oversight and construction). . Monitor hand holes for security and functionality. County . Hire, review and monitor private locate company that is providing locating services for the entire INET. . Bill each entity for equitable usages of private locate services, as described in above roles and responsibilities. . Ifthere is a malfunction with the INET i.e.: the INET goes down due to improper locating, it is the County's responsibility to IMMED IA TEL Y notify the private locating firm, each member of the Joint Powers Board, and the designated "repair" company, if needed. Attached is an emergency contact list. . Provide for ROW maintenance and management outside City-boundaries. .JointPowersBoard.. This body meets as required to review INET issues and is comprised of one voting member from each entity: School District, City of Shakopee and Scott County. The voting member will be the Scott County Chairperson or his/her designee, Shakopee Mayor or his/her designee and the Shakopee School District Chairperson and/or his/her designee. "-..- Emergency Contact List May, 2003 Scott County Business Hours ( 8:00 am - 4:30 pm, M-F) Help Desk - 952-496-8308 After Business Hours (4:30 pm - 8:00 am M- F & weekends) Dispatch Center - 911 Shakopee School District Business Hours ( 8:00 am - 4:30 pm, M-F) Wade Phillips - 952-496-5174 phone, 6l2-741-6096 - cell John McBroom - 952-496-5005 After Business Hours (4:30 pm - 8:00 am M- F & weekends) Wade Phillips - 952-496-5174 phone, 612-741-6096 - cell John McBroom - 952-496-5005 City of Shakopee .. w..BusinessHours{8:QOaIn=4:3Q.pm"M::F)... ..... ..,-- Kim Henke - 952-496-9679 - phone Tracy Schaefer - 952-496-9673 - phone, 612-709-2463 - cell EXHmlT B Contributions to Network Initial Member Initial Contribution Conduit Cost Fiber Cost School District # 720 Staff time equal to Entire Cost in exchange Pay for portion to be used. $10,000 for expanded usage rights per Exhibit B. City of Shakopee Staff time equal to Limited usage rights per Pay for portion to be used. $10,000 Exhibit B. Scott County In kind contribution in Limited usage rights per Pay for portion to be used. the amount of $ 10,000 Exhibit B. -,..---..--.-.......-. -.-...-....-..--- RJV-203872vl SH155-22 EXHIBIT C Conduit Construction and Usage Specifications .----.-..--......-......-- .---..... 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