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HomeMy WebLinkAboutContract 1728 ANOKA COUNTY ATTORNEY ROBERT M.A. JOHNSON Government Center · 2100 Third Avenue · Anoka, MN 55303-2265 attorney@co.anoka.mn.us Administration / Civil Division Criminal Division Victim-Witness Services Juvenile Division Family Law & Mental Health Division (763) 323-5586 (763) 323-5559 Investigation Division (763) 323-5550 (763) 422-7524 Fax (763) 323-5769 Fax (763) 323-5586 (763) 422-7589 Fax (763) 323-5651 Fax RECEIVED ,.JUL - ? A.M. Accounts Payable Columbia Heighl~ June 24, 2003 Chief Thomas M. Johnson Columbia Heights Police Department 559 Mill Street NE Columbia Heights, MN 55421-3882 Dear Tom: RECEIVED COLO~i~ ~.~,.~. tO. HfS POLICE Enclosed is a fully executed copy of the Joint Powers Agreement for thc Anoka County Public Safety Communications Project. You will note there arc two page 7's, one containing signatures by Anoka County officials and the other containing signatures by Cohunbia Heights' officials. Thank you for your assistance in getting this agreement approved by your city council. RMAJ:ds Enc. Sincerely, Donna Stuart Secretary/Admin. Asst. Affirmative Action / Equal Opportunity Employer ANOKA COUNTY PUBLIC SAFETY COMMUNICATIONS PROJECT JOINT POWERS AGREEMENT This Joint Powers Agreement is by and between the County of Anoka, Minnesota, (the "County") and the following cities and urban townships located within the County: Andover, Anoka, Bethel, Blaine, Bums, Circle Pines, Centerville, Columbia Heights, Columbus, Coon Rapids, East Bethel, Fridley, Ham Lake, Hilltop, Lexington, Lino Lakes, Linwood, Oak Grove, Ramsey, St. Francis, and Spring Lake Park (each a "City" and collectively, the "Cities"). WHEREAS, the County and the Cities have previously recognized the need to cooperate in their law enforcement efforts, and have created the Anoka County Joint Law Enforcement Council (the "JLEC") for this purpose; and WHEREAS, the ftre departments that serve Anoka County have created the Anoka County Fire Protection Council (FPC); and WHEREAS, the JLEC, the County and the Cities have determined that there is a need to communicate among ftre departments and law enforcement agencies, to improve the speed and accuracy of fire and law enforcement information requested from another jursdicfion, and to work cooperatively in an effort to improve ftre protection and law enforcement and thereby public safety in Anoka County; and -1- WHEREAS, the Cities, through the JLEC, and the County have determined that public safety communication would be improved by the development of a new public safety communications system; and WHEREAS, as a result of County efforts, the legislature passed legislation permitting the County to levy a separate tax on behalf of all govenunental units in the County for this improved public safety communications system; and WHEREAS, it is important for these governmental units to understand the undertaking of the County and to provide for a continuation of the system. NOW, THEREFORE, in consideration of the mutual agreements contained herein and in exercise of the power granted by Minn. Stat. §471.591, the parties to this Agreement do mutually agree as follows: 1. PURPOSE The parties agree that they have joined together for the purpose of planning, implementing and maintaining a public safety communications system in the County of Anoka and to supplement a 1999 joint powers agreement. 2. TERM This Agreement shall be effective September 1, 2002, and continue until any party terminates, with or without cause, upon thirty days' written notice. The termination by any party shall not affect the validity of the Agreement as to the remaining parties. -2- 3. PLANNING AND CONSTRUCTION The County shall work with the JLEC to plan and construct a public safety communications system in Anoka County using the special law enacted on behalf of Anoka County to finance the system. 4. CONTRACTS AND PURCHASES All contracts and purchases made pursuant to this Agreement shall be made by the County and shall conform to the requirements applicable to the County. 5. FUNDING LIMITATION It is understood by the parties that by this undertaking the County may bond up to 12.5 million dollars to obtain funds to plan and construct the public safety communications system. Any funds received from sources other than a tax levy will be applied to reduce the mount of bonds or notes necessary to repay bonds and will not act to increase the total expenditure. 6. DISTRIBUTION OF RADIOS It is the intent of the parties to make a one-time distribution of radios to all fire departments and law enforcement agencies in the County. The radios will be purchased from the remaining funds available in the 12.5 million dollars after constructing the infrastructure of the system. The radios will be distributed as provided in Exhibit A, which is attached. It is understood by the parties that the Cities and their individual fire departments and law enforcement agencies are responsible for Metropolitan Radio Board user fees and acquisition and replacement of radios after this one-time provision of radios under this Agreement. -3- 7. USE OF SHOP SPARES The parties agree that radios purchased as shop spares, as shown on Exhibit A, will be maintained by Anoka County Central Communications for the benefit of the parties hereto. These radios will be made available to the police and fire departments to substitute for a radio that is being repaired. Additionally, the radios will be available to police and fire departments for public safety situations such as disasters or large gatherings of people that need to be managed. The radios may be used for not longer than the time of repair or incident and, in any case, not longer than three months. There shall be no expense to the police and fare departments for this use provided, however, that the departments shall be responsible for any loss or damage to the shop spares radios they are using. 8. JOINT CONTRIBUTION AND ACQUISITION The parties agree that, acting through the JLEC, they may voluntarily conlyibute to a fund maintained by the County for purchase of public safety communication equipment or other law enforcement purpose. maintain the fund to be expended The County agrees to credit any interest earned and at the direction of the JLEC for the benefit of the contributing party. Contribution by a City may not be expended if a representative of that City appointed to the JLEC votes in the negative on a motion to expend such funds. 9. ACQUISITION OF PUBLIC SAFETY COMMUNICATIONS EQUIPMENT The parties agree that it is important for the public safety communication system to operate as effectively as possible and that the acquisition and use of common equipment is important to that goal. In furtherance of that goal, the parties agree that they will acquire -4- communication equipment through the Director of Central Communications in Anoka County. The County agrees that it will acquire such communication equipment at the lowest possible price and will not charge the party ordering the equipment any amount in excess of that necessary to its acquisition and delivery. The County further agrees that it will consider the recommendations of the JLEC and the FPC in determining whether the provision of the radios is by purchase or lease and whether the County will finance the acquisition costs. The parties agree that the County will act to preserve the ability of Cities to treat payments as debt service in order to maintain the ability to acquire public safety communication equipment outside any levy limit. 10. CENTRAL RECORDS PROJECT JOINT POWERS AGREEMENT There are unexpended proceeds derived from the issuance, sale, and delivery of the County's General Obligation Capital Notes, Series 1999A (the "Series 1999A Notes"), in the original aggregate principal amount of $1,230,000, issued on January 6, 1999. The Series 1999A Notes were issued by the County pursuant to a resolution adopted by the Anoka County Board of Commissioners on December 15, 1998. The Series 1999A Notes were issued to benefit joint law enforcement efforts of the County and multiple municipalities located with the County (the "Cities") through the coordination of criminal justice records systems of the County and the Cities to more efficiently store and access law enforcement information requested by the Cities and the County (the "Project"). In December 1998, the County and the Cities, pursuant to a Joint Powers Agreement under Anoka County Contract No. 990021 (the "1999 Joint Powers Agreement") provided -5- for the cooperation and respective duties of the County and the Cities in funding and maintaining the Project. The 1999 Joint Powers Agreement also dealt with specific costs associated with performing parts of the Project. The JLEC is hereby directed to use the unexpended proceeds of the Series 1999A Notes in a manner consistent with the general goals of the Project. The unexpended proceeds of the Series 1999A Notes may be expended, consistently with Minnesota Statutes, Section 373.01, subdivision 3, as amended, at the direction of the JLEC, in consultation with bond counsel for the County, so as to not affect the tax-exempt stares of the Series 1999A Notes. 11. DISBURSEMENT OF FUNDS AND PROPERTY All funds disbursed by any party pursuant to this Agreement shall be disbursed pursuant to the method provided by law for counties and the Division Manager of Anoka County Finance & Central Services shall be the fiscal agent. Upon termination, all infxastmcture shall be the property of the County and all radios shall be the property of the governmental units receiving the radios. Any funds held by the County as the result of contributions under Paragraph 8 shall be returned to the party contributing the funds. 12. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts and disbursements shall be made upon request by any party. 13. ENTIRE AGREEMENT This Joint Powers Agreement constitutes the entire Agreement of the parties on the matter related hereto. The Agreement shall not be altered or amended, except by agreement in writing signed by the parties hereto. IN WITNESS WHEREOF, the parties have signed this Agreement on the dates below: By: Dan Erhart, Chair Anoka County B~ard ~/Commissioners Dated: ~/[[/(~) ~ ,2003 CITY OF By: Dated: ,2003 Attest: ~~ ~~ Attest: Anoka County Administrator -7- 13. ENTIRE AGREEMENT This Joint Powers Agreement constitutes the entire Agreement of the parties on the matter related hereto. The Agreement shall not be altered or amended, except by agreement in writing signed by the parties hereto. IN WITNESS WHEREOF, the parties have signed this Agreement on the dates below: ANOKA COUNTY CITY OF O_~a~b:c~ ~-,.d/~ "~ By: ~f/~.. _ _ _ Dan Erhart, Chair Anoka County Board of Commissioners Dated: ., 2002 Dated: c~ _.~q_ ,2002 Attest: Attest: John "Jay" McLinden Anoka County Administrator ;~~My Comm. Exp. Jan. 31, 2005{ -7- EXHIBIT A The following page entitled "Radio Allocations - Police" and "Radio Allocations - Fire" is the relative allocation of available dollars to the departments identified for the purchase of radios. It is understood: 1. The final allocation of dollars will not be exactly as shown on the chart. The dollars allocated to radios will be the amount remaining after the infrastructure of the radio system is known. The remaining amount will be first allocated between fire, police and shop spares as follows: Fire $922,263 38.50% Police $1,323,163 55.24% Shop spares $150,000 6.26% After this allocation, the amount for fire radios and police radios will be allocated to the departments in proportion to the amounts shown. 2. Each department, using the dollars allocated to them, will identify, from a list maintained by Anoka County Central Communications, the type and level of radio they intend to acquire. Anoka County will then purchase the radios as requested fi'om funds remaining after the construction of the infrastructure of the system. RADIO ALLOCATIONS - POLICE ACSO ANOKA BLAINE CENTENNIAL LAKE' COLUMBIA HEIGHTS COON RAPIDS FRIDLEY LINO LAKES RAMSEY SPRING LAKE PARK ST. FRANCIS TOTAL 313,897 95,995 176,617 70,217 93,511 208,459 136,720 78,765 76,281 41,553 31,148 $1,323,163 23.72% 7.25% 13.35% 5.31% 7.07% 15.75% 10.33% 5.95% 5.77% 3.14% 2.35% RADIO ALLOCATIONS - FIRE ANDOVER ANOKA/CHAMPLIN BETHEL CENTENNIAL LAKE COLUMBIA HEIGHTS COON RAPIDS EAST BETHEL FRIDLEY HAM LAKE LEXINGTON LINWOOD OAK GROVE RAMSEY SBM ST. FRANCIS TOTAL 82,765 56,230 35,353 78,424 47,481 101,651 45,825 76,634 53,679 37,971 45,825 48,443 54,304 114,471 43,207 $922,263 8.97% 6.10% 3.83% 8.5O% 5.15% 11.02% 4.97% 8.31% 5.82% 4.12% 4.97% 5.25% 5.89% 12.41% 4.68%