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HomeMy WebLinkAboutUntitled (4) • • • JOINT POWERS AGREEMENT FOR THE RESOURCE RECOVERY PROJECT This agreement i_ E.•tera da 198o, by and between Ramsey County ar.d Washington County, pursuant to Minnesota Statutes, Section 471 .59. WHEREAS, Ramsey and Washington Counties recognize that there is a serious and growing problem with the land disposal of unprocessed solid waste within the metropolitan area; and, WHEREAS, it is the stated policy of the State of Minnesota, ' • under the Waste Management Act of 1980, to recover materials and energy from waste and abate the need for landfilling of waste; and, WHEREAS , . Ramsey and Washington Counties over the past several years have implemented a joint program for researching and developing an alternative to landfill disposal known as the Waste to Energy Project ( the "Project" ) ; and WHEREAS, in recognition of the need for developing alternatives to landfill disposal of solid waste and for recovering valuable resources therefrom, and in response to the directives of the State of Minnesota, Ramsey and Washington Counties entered into a Joint Powers Agreement dated December 20, 1982, to research and take steps to implement procurement of a Resource Recovery Facility ( "Facility" ) for processing solid waste and for recovering energy and other resources from solid waste; and, 1 . • • WHEREAS , on December 17, 1984, Ramsey and Washington Counties joint_ entered into agreements w:t1 No;-;n n States Pc,w. , ..Iimpan • ; "NSR ' ; .._- _ 1 _ 4 i l __ :t. � 1. v v 4:�.:I .:Vu'..I C;• C I•l i r. operation, and i ainter1anoe of a Facility in order to fulfill the goals of landfill abatement, production of energy, recovery of valuable resources, coordination of solid waste management services within the two Counties, and improvement of the public health and environment; and, WHEREAS, the Counties jointly issued bonds guaranteed by NSP in the amount of $27.7 million on December 27, 1984, to finance the construction of the Facility and payment of the Debt service thereon is the obligation of NSP; and, WHEREAS, the Counties desire to enter into a Joint Powers Agreement with each other for the purpose of administering the Facility during the design, construction, Acceptance Testing, and operations of the Facility in order to meet their obligations contained in the agreements with NSP; NOW, THEREFORE, in consideration of the mutual promises and benefits that each party shall derive herefrom, and other good and valuable consideration, receipt of which is hereby acknowledged, Ramsey and Washington Counties hereby enter into this agreement for joint administration of the design, construction, Acceptance Testing, and operation of the Facility: 2 • 411 I . Introduction A. Definition_. All caps t . ?i:s:J herein shall have ttic meanings assigned to them in the Design and Construction Agreement and Service Agreement, unless otherwise provided. 8 . Name The project that is the subject of this Joint Powers Agreement shall be called the Ramsey/Washington County Resource Recovery Project. • II . Purpose of this Agreement The purpose of this agreement is to define certain rights, obligations, . and responsibilities of each County through two phases: (1) Phase One: the design, construction, and Acceptance Testing, and Acceptance of the Facility, and (2) Phase Two: the Facility operations for the term of the Service Agreement. III . Phase One A. Scope Phase One of this agreement shall govern from the Start Date of construction until final Acceptance of the Facility by the Counties. The general activities included in this Phase are the design, construction, Acceptance Testing, and Acceptance of the Facility. Phase One of this agreement shall coincide with the term of the Design and Construction Agreement with NSP, unless the Counties mutually consent, by resolution of each County 3 • Board, to proceed to Article IV (Phase Two) , Institutional Structure, prior to the end of the Design and Construction B. Governing Body For the purposes of coordinating Phase One of this agreement, the Waste to Energy Project Board ( "Project Board" ) shall continue in existence pursuant to Minn. Stat. 471.59. . 1. Composition The Project Board shall consist of four representatives from Washington County and four commissioners from Ramsey County. The representatives and commissioners will be appointed by the respective County Boards. The County Board of the County with the greater estimated amount of waste generated will also appoint one additional voting member to the Project Board, increasing their representation to five. The chair of the Project Board will rotate on an annual basis between commissioners from each County. 2. Authority The Project Board shall have the responsibility of reviewing and directing all necessary joint actions provided that any action which, if it were taken by one of the parties separately would require the approval of each separate County Board, shall continue to require the approval of each separate board. The Project Board shall also have such powers and duties as set forth in this agreement below. 4 110 The Project Board shall propose a tipping fee to be charged at. the Fa=.ility that of approved and set by resciutian of ear;r C.oun:y Eoard. The Project cs�arc. may approve contracts relating to the Project which do not exceed a value of $15,000, and may authorize the Executive Director of Ramsey County and the Administrator of Washington County to execute those contracts. No payment on any invoice for services performed by a consultant or any other person or organization providing services in connection with the Project, shall be authorized unless approved by the Project Board, except as provided in Section M.O. of this Agreement. 3. Meetings The Project Board shall meet on an as needed basis, and provide adequate public notice. The presence of five (5) Board Members at a Project Board meeting shall constitute a quorum. C. Project Staff For the purpose of facilitating Phase One of this agreement, a Project Staff is hereby created. The Project Staff shall perform its duties under the general direction and supervision of the Project Board. The Project Staff shall also have such powers and duties as further set out in this agreement below. The Project Staff shall consist of the Project Manager and staff deemed necessary by the Project Board. For the purposes of coordinating the Project Staff and communicating with the Project Board and NSP, the parties shall designate a Project Manager. For work related to this project, the Project Manager and Project Staff shall be under the 5 i I direction of the Project Board and not solely under the direction of either Count; . The Project staff shall bs em;: ioyed Ramse v, a. Advisory staff to the Project Staff may include representatives from the Washington and Ramsey County Attorneys' offices and the Budgeting and Accounting offices of each County. Staff from other County Departments may also serve as advisory staff as needed. The Project Staff shall oversee, and carry out the activities included within the scope of this Agreement and such other activities that may be necessary to carry out the purposes of this Agreement under the direction of the Project Board and • Project Manager. The Project Staff shall report on the progress of the functions related to the design, construction, and Acceptance Testing of the Facility from time to time as directed by the Project Board. The Project Manager is authorized to pay individual invoices up to an amount of $10,000. The Project Manager shall report on such payments to the Project Board. D. Consultants The Project Board may designate such consultants as may be needed: provided, however that any special legal counsel shall be designated and chosen with advice of the Ramsey and Washington County Attorney's Offices. 6 411 S E . Budget and. Accounting The Ramsey County Budget and Accounting Office shall pro•:Ide any rr. . all '..-ud4et and ac_ _!nt'_riC. _s .'ices necessary cr convenient for the Project Board. F. Data Processing, The Ramsey County Data Processing Department shall provide any and all data processing services for the Project Board. • G. Risk Manager The Ramsey County Risk Manager shall provide risk management services for the Project Board. H. Payment for Services Ramsey County Budget and Accounting and Data Processing and the Ramsey and Washington County Attorney's Offices shall bill the Project Board for costs of providing the services described herein. I . Changes to Administrative Structure Ramsey and Washington hereby recognize that some further administrative structure in addition to or in place of that created by this agreement may be necessary during Phase One. The Counties will determine the nature of any additional administrative structure as necessary to adequately implement this Phase. 7 s J. Phase I . Financing 1 . $4 General Ob1i5:ation Gond Proceeds Pursuant :.c- Para•� 'a:h J of tnc ;;:. .nt F•.:,wer_ Aar eemen. between Ramsey and Washington Counties, dated December 20, 1982, Washington County agreed to exercise its best efforts to sell , and did sell , short term general obligation bonds (the "Interim Bonds") in the principal amount of $4 million, to provide the interim financing for the Waste to Energy Project. Funding for Phase I of this Agreement shall come from such General Obligation Bond proceeds and shall cover only those activities provided prior to Acceptance of the Facility. 2. Administration of Interim Bonds The Interim Bonds are general obligations of Washington County, secured by the pledge of Washington's full faith and credit, but the tax levies associated therewith shall be cancelled, to the extent permitted by law, if and to the extent other funds become available to repay the Interim Bonds. Ramsey County has agreed to participate in the interim financing by assuming responsibility of two-thirds of debt service on the Interim Bonds. The obligation of Ramsey County to pay two-thirds of debt service on the Interim Bonds has been secured by a pledge of Ramsey's full faith and credit, and by a duly adopted tax levy resolution. Washington County shall be the fiscal office for the Interim Bonds. On or before the 15th day of each month after issuance of the Interim Bonds (or the first series thereof ) , Washington shall make a monthly report to Ramsey on the Interim Bonds, which report shall include the following information: the principal B • a amount of the Interim- Bonds issued; • the amount of Interim Bonds cr__seds e.:pencac.' . and the ;urptsc tf - - the G!1:..urit cf unexpend=_, Int: -m Eic•r : i'oceeds; ant such _ tnE information as Ramsey may reasonably require. Annually, Washington shall provide to Ramsey an audited report on the Interim Bonds setting forth the same information as that contained in the monthly reports, on an annualized basis. Such annual report shall be submitted within 6 months after the end of each calendar year. Interim Bond proceeds shall not be disbursed to pay any person other than the holders of the Interim Bonds except upon the prior approval of the Project Board or Joint Powers Board. The Project Board shall also approve all budget adjustments IV. Phase Two A. Term Phase Two of this agreement shall take effect upon final Acceptance of the Facility by the Counties, and shall govern for the Term of the Service Agreement. The period of Phase Two shall coincide with the Term of the Service Agreement with NSP, unless the Counties agree by resolution of each County Board to proceed with Article IV (Phase Two) earlier, or unless the Counties terminate this agreement pursuant to paragraph V.D.3. herein, • prior to the end of the Service Agreement. 9 i • B . Governing Body For- the purpose of coordinating Phase Two of tris aqreerent c _ nt c'cwers Board _•r:i::1 be oreLtec ''J1":u3n:, Stat... 471 .59, and shall be called the Resource Recovery Project Board. 1 . Composition The Project Board shall consist of four representatives from Washington County and four commissioners from Ramsey County. The representatives and . commissioners will be appointed by the respective County Boards. The County which delivers the greater amount of waste to the Facility will also appoint one additional voting member to the Project Board, increasing their representation to five. The chair of the Project Board will rotate on an annual basis between commissioners from each County. 2. Authority The Project Board is hereby authorized to exercise such authority as is necessary and proper to make all administrative decisions regarding the Facility without individual County Board approval except as specified herein. Such administrative decisions shall include but not be limited to the authority to enter into contracts, select and direct staff , make periodic reports regarding the Facility to the County Board, issue payment directives, and propose the tipping fee to be charged at the Facility. The Project Board shall prepare and submit an annual budget for each County Board's approval. The County Boards shall retain such county powers as levying taxes, assessing Waste Management service charges, approving and establishing by resolution the tipping fee proposed by the 10 ' 111 . Project Board , issuj.ng indebtedness for the Facility , seekin? prcisct-related 1esis1a_tion and aperc'.'a1 of Pr.. lect E;:,,ard tuaget . 3 . Mee in-o The Project Board shall meet on an as needed basis and provide adequate public notice. The presence of five (5) Project Board members at a meeting shall constitute a quorum. C. Project Staff For the purpose of facilitating Phase Two of this agreement, the Project Staff created in Section III.C. of this Agreement shall continue to exist. The Project Staff shall perform its duties under the general direction and supervision of the Project Board. The Project Staff shall also have such powers and duties as further set out in this agreement below. The Project Staff shall consist of the Project Manager and staff deemed necessary by the Project Board. For the purposes of coordinating the Project Staff and communicating with the Project Board and NSP, the parties shall designate a Project Manager. For work related to this project, the Project Manager and Project Staff shall be under the direction of the Project Board and not solely under the direction of either County. The Project Staff shall be employed by Ramsey County. Advisory staff to the Project Staff may include representatives from the Washington and Ramsey County Attorney's offices and the Budgeting and Accounting offices of each County. Staff from other County Departments may also serve as advisory staff as needed. 11 • The Project Steff shall oversee, and carry out the Included v4it l r• the tric: A.gresment other 3_ 1v ties that fila; .t neces:a;';' t;: :acut -1...T the purposes of this Agreement under the direction of the Project Board and Project Manager. Without prior Project Board approval the Project Manager is authorized to pay individual invoices up to an amount of $10,000. The Project Manager shall report on such payments to the Project Board. D. Consultants The Project Board may designate such consultants as may be • needed: provided, however that any special legal counsel shall be designated and chosen with advice of the Ramsey and Washington County Attorney's Offices. E. Budget and Accounting The Ramsey County Budget and Accounting Office shall provide any and all budgeting and accounting services necessary or convenient for the Project Board. Such services shall include, but not be limited to: payment of the service fee to NSP, management of all accounts and any reserve funds set up for the Project, and relevant bookkeeping and recordkeeping. The Counties shall retain their authority to request reports pertaining to any and all budgeting and accounting services performed. All interest earned from established project funds shall be credited back to that same fund. 12 s • F. Data. Pro:es€ing The Ramsey Count.; Data Prose_:in•; Department snail r IG: an, al? data prooessinc service= fcr t`'ie. Project Board. . G. Risk Manager The Ramsey County Risk Manager shall provide risk management services to the Project Board. H. Payment for Services Ramsey County Budget and Accounting and Data Processing and the Ramsey and Washington County Attorneys Offices shall bill the Project Board for costs of providing the services described herein. I . . Changes to Administrative Structure Ramsey and Washington hereby recognize that some further administrative structure in addition to or in place of that created by this agreement may be necessary during Phase Two. The Counties will determine the nature of any additional administrative structure as necessary to adequately implement this Phase. J. Obligations of the Counties During Phase Two Each County represents and covenants to the other that it will use its best efforts to accomplish the following: 1 . Enforcement of Designation . Each County shall take whatever appropriate enforcement action is necessary to ensure compliance with the Designation process. 13 4 2. Enforcement of Solid and Hazardous Waste Ordinances Each County agree_ to use its best effort= to ensure that ali provision_ of th_ .r ar.d H;:zaruc'__ 'vvast_ iDro. :inc._: are complied with and in full force during the term of the Agreement. 3. Licensing of_ Waste Haulers Each County shall be responsible for ensuring that no person be allowed to operate as a hauler of mixed municipal solid waste within its boundaries unless licensed to do so. 4. Licensing of Solid Waste Processing Facilities • Each County shall be responsible. for ensuring that no person be allowed to operate a solid waste processing facility within its boundaries unless licensed to do so. 5. Inspections of Solid Waste Processing Facilities and Commercial Waste Haulers Each County shall inspect all solid waste processing and disposal facilities and haulers within its boundaries consistent with all applicable provisions of the County's Solid Waste Ordinance. 6. Collection of Tipping Fee Each County will use its best efforts to ensure collection of all Tipping Fees. . K. Phase II Financing Ramsey and Washington Counties are obligated under the Service Agreement with NSP to pay to NSP a monthly Service Fee for receiving, processing and/or transferring of waste generated within the Counties and delivered to the Facility. Ramsey and Washington recognize that responsibility for such payments must 14 411 be apportioned between the two Counties. The Counties further recogni ce that after the proceeds from the Interim Bonds have tear r'.. .I.:a�s ec , it. Wil ♦ be the Ocun.i=_ o contribute County funds tO pay the orrgoir administrative costs of the Project. Such cost must also be apportioned between the two Counties. Therefore, Ramsey and Washington Counties agree to divide responsibility for both Service Fee payments, and administrative costs for the Project as follows: Before the first year of operations, the amount of solid waste generated within the Counties has been estimated to be 80% from Ramsey County and 20% from Washington County. Payment of the Service Fee for the first year of operations shall be made by each County . in the same proportion as the estimate of waste generated in that County. If figures available from NSP monthly operating data at year-end indicate that the estimates were inaccurate by more than 1%, year-end adjustments for respective Service Fee payments shall be made according to the NSP monthly operating data indicating waste delivered to the Facility. Following the first year of operations, responsibility for Service Fee payments shall be divided according to the amount of waste delivered by each County to the Facility in the previous • year, as determined according to NSP monthly operating data for the previous year. At year-end, if NSP data for the current year indicates that the amount of waste generated in either County has increased or decreased by 1% or more, year-end adjustments for 15 110 • respective Service Fee payments shall be made accordingly. A•t.mirl^..tr atjve Gust. steal_ be ap c:r"tioned acccr dir..y to the .+. l' •G:�..'cv -year-end JFi v1 �e Fee j✓i7.'J fi,F r,,� iC�•j_%v(i= i.�.'i a. V. Miscellaneous Provisions The following articles shall be in effect for both Phase I and Phase II . A. Liability: Uncontrollable Circumstance In the event of an Uncontrollable Circumstance giving rise . to a right of termination by either NSP or .the Counties pursuant to Section 13.01(D) in the Design and Construction Agreement, or Section 10.03 in the Service Agreement, damages are defined in those sections as any outstanding Indebtedness less any amounts remaining in any funds and accounts pursuant to the Indenture, less any insurance and condemnation proceeds. The Counties have agreed to share these damages equally with NSP. The Counties agree to divide these damages between themselves for an Uncontrollable Circumstance giving rise to a right of termination as follows: 1 . If the Design and Construction Agreement is terminated due to an Uncontrollable Circumstance, or if the Service Agreement is terminated in the first year due to an Uncontrollable Circumstance, Ramsey County will pay 2/3 of any damages arising therefrom under those Agreements, and Washington County will pay 1/3. 2. If the Service Agreement is terminated any time after the close of the first year it is in effect, the Counties will 16 • 411 divide damages arising under the Service Agreement between themselves in the same ratio as tneir Service Fee liabiiit\- in the , tea:-. _ri which terr.,inat_or; .,ccurred . 3. In the event fault cannot be determined and the Counties are found to be jointly and severally liable for damages incurred by action of the Counties in performance of county activities which are a part of their obligations under the Waste to Energy Project, either by a court of competent jurisdiction or regulatory body having jurisdiction, and such court or body has . found that fault cannot be apportioned, and the Counties are unable to come to agreement as to the apportionment of fault; the Counties will divide such damages determined as a result of that joint and several liability in the ratio of 2/3 liability for Ramsey County and 1/3 liability for Washington County during the operation of the Design and Construction Agreement or during the first year of the operation of the Service Agreement, and in the same ratio as their Service Fee liability for the year in which the liability arose for any time subsequent. B . Liability of Project Board 1. In the event the Project Board is found liable for damage, the damages shall be apportioned between the Counties according to the average amount of waste delivered by each County to the Facility up to the time of the claim as determined using NSP monthly operating data. 2. Any claims settled or judgements rendered against the Project Board subsequent to termination of this agreement shall be apportioned between the Counties according to the average 17 • waste delivery ratio over the term of the agreement , as determined using NSF' monthly operating Gata. , 1nclucin' but not limited to worker 's compensation claims , unemp i<."ym nt in nc- claims, tort claims, contract claims or civil rights actions. • C. pispute Resolution 1. The Counties For each dispute between the Counties a three member panel shall be established and called the Counties' Dispute Resolution Committee. The purpose of the Committee is to resolve any dispute between Ramsey and Washington Counties arising under this agreement as expeditiously as possible so as not to impair progress in the implementation of any provision of this agreement. The Counties shall each appoint one member of the Committee. The Counties shall mutually agree upon the appointment of the third member. The Counties shall attempt to settle any dispute arising under this agreement in good faith without resorting to the Counties' Dispute Resolution Committee. However, either County may request by resolution that a matter be referred to the • Committee. The Committee shall convene within forty-eight (48) hours after the next regularly scheduled meeting of the responding County for the purpose of resolving the dispute. All proceedings before the Counties' Dispute Resolution Committee shall be informal . The nature and extent of discovery of facts between the parties regarding the dispute shall. be determined by the Committee. No formal rules of evidence shall 18 • • apply to the proceeding, however, the Committee may utilize established legal procedure and evidentiar• rules as a guide in coni)_•ting the prooeedin;. The Committee shall render a decision no later than two weeks after the first date of the proceeding. The decision shall be in writing, and the decision shall be final and binding upon the parties. The Committee shall decide the extent to which each of the parties shall bear the cost of resolving the dispute. 2. The Haulers In the event .a Hauler Dispute Resolution Committee is established and the Counties have agreed to participate in such a Committee, the Counties shall mutually agree on the appointment of a representative(s) . D. Counties' Relationship • 1. Other Agreements This agreement shall supersede all former Joint Powers Agreements related to the Waste-to-Energy Project between the Counties. 2. Major Policy Issues Not Contemplated In the event that major policy issues not contemplated in this agreement arise during the course of the final feasibility phase, the Project Staff shall raise those issues with the Project Board. The Project Board may then bring the issues to the full County Boards if the Project Board deems it desirable or necessary to do so. This agreement may be amended upon agreement in writing of the two County Boards. 19 411 111 Termination This agreement shall det_rr,ne the r_laticnshlp of namseY etr.d W.a=hington: Courtie: ur.lez.s t:i►:•7:•iari s n v a subsequent i fit. Powers Agreement or until a Waste Management District is established. Prior to that time, this agreement may be terminated bymutual agreement of the parties. Termination shall not affect the lull faith and credit obligation of Ramsey County for two-thirdsaf the Interim Bonds, nor shall termination affect the joint End. several obligation of each County to NSP under the . Design and Construction Agreement and the Service Agreement. E. Role of Municipalities 1. Ramsey and Washington Counties recognize that waste is generated within municipal boundaries and such waste will be necessary for operation of the plant. In consideration of this fact, the Project Staff and Project Board shall inform the various municipalities of Phases One and Two of the project and involve them to the extent necessary to help assure project success. F. Public Education The Project Board. may direct the Project Staff to undertake a public education program designed to educate citizens, local governments and waste haulers about the use of the Facility and the effects of the designation process. The program will address, at a minimum, the following aspects of the project: .1 . the reasons new methods of disposal are necessary; 2. the limitations on collection and disposal of Hazardous Waste and other Unacceptable Waste; and 20 411 fo . IN WITNESS WHEREOF, the parties have caused this agreement to be executed as of this 3Cp�•_ day of Q _ 1986. APPROVED: APPROVED: RAMSEY COUNTY WASHINGTON COUNTY By: J By: Diane Ahrens Sally Eve t Chair, County Board Chair, County Board DateDate / /k7 it /?;:leL., Joh elan Ched arles Swa o Clerk, County Board County Admi ist ator l t/t-z/ o Date Date / Y 0, APPROVED AS TO FORM: APPROVED AS TO FORM: • RAMSEY COUNTY WASHINGTON COUNTY �l1/N,7I� Ay By:.�wYv ,�`• • /I,,A,°ISPBy_ ft 24i/c7 iG� Assistant Ramsey County Assis ant ashington County Attorney Attorney 21 _ �� iN,STRA?lON W, Sill T�(�J COUNTY IIPPL -Lq - - 1770 '`retract F 1 . JOINT POWERS AGREEMENT FOR METROPOLITAN 911 BOARD AGREEMENT made on the effective date herein between Anoka County, Carver County, Dakota County, Hennepin County, Ramsey County, Scott County, and Washington County. WHEREAS, each county to this Agreement has been required to establish a 911 telephone system on or before December 15, 1982 by Minnesota Statutes, Chapter 403; and WHEREAS, county planning committees have determined that the legal mandate of Chapter 403 can be accomplished most effectively and at the least cost to the public by the establishment of a regional 911 telephone system; and WHEREAS, all counties to this Agreement have submitted 911 plans which have been combined into a single regional plan by the Metropolitan Council; and WHEREAS, pursuant to Chapter 403, the State Department of Administration has established rules for the administration and development of the 911 system and the Metropolitan Council has established and adopted design standards for the metropolitan area 911 system; and WHEREAS, the counties to this Agreement may be eligible jointly to receive financial assistance for the payment of the acquisition and installation costs of the regional 911 system; and WHEREAS, Chapter 403 authorizes counties to enter into cooperative agreements under Minnesota Statutes, Section 471.59 to fulfill the mandate imposed by Chapter 403; and WHEREAS, all counties to this Agreement have complied with the mandate of Minnesota Statutes, Chapter 403 and have cooperatively participated during the seven year term of the original joint powers agreement and its renewal periods, and wish to continue such cooperation under this joint powers agreement. WHEREAS, the provision of Emergency Medical Services is a function that is related to the installation and operation of a regional 911 telephone system; and WHEREAS, Minnesota Statutes, Section 471.59 authorizes units of government to enter into cooperative agreements to jointly exercise powers when it is determined that sharing of powers has operational or economic advantages; and WHEREAS, federal and state grant funds to support emergency medical services in the seven counties are available to the counties; and WHEREAS, there is a recognition that there are economic and operational advantages to the counties to jointly plan, • coordinate, and administer emergency medical services to the metropolitan area; and THEREFORE, in consideration of the terms contained herein, and in consideration of the execution of this Agreement by each of the counties hereto, it is agreed as follows : ARTICLE I Purposes This Agreement has been executed by the counties hereto for the following purposes: A. complying with the mandate of Minnesota Statutes, Chapter 403 and for the implementation and administration of a regional 911 system through a joint powers board consistent with and in furtherance of each county's individual 911 plan. B. encouraging the development of new resources and the coordination of EMS services throughout the metropolitan area to efficiently and cost effectively respond to medical emergencies and provide a high level of patient care. Each county agrees to cooperate in fulfilling these purposes, the terms of this Agreement and the objectives of applicable legislation, rules and standards in furtherance of the public safety and welfare of the people of the metropolitan area through effective 911 and emergency medical services systems . ARTICLE II Definitions Section 1: Statutory Definitions. The definitions of terms contained in Minnesota Statutes, Section 403.02 shall apply in this Agreement where those terms are used. Section 2: Additional Definitions. In the interpretation of this Agreement, the following additional definitions shall have the meanings given to them. A. "Board" means the joint powers board created by this Agreement. B. "Commissioner" means a duly elected, qualified and acting county commissioner of a county hereto. C. "Local Elective Service" means that service of a county which exceeds minimum 911 service. • (2) D. "Regional 911 Telephone System" means the metropolitan area 911 telephone system under the Board coordinating 911 service to each of the counties hereto. E. "EMS" means Emergency Medical Services . F. "Metropolitan area" means the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington. ARTICLE III Joint Board Section l: Creation and Composition. A board, known as the Metropolitan 911 Board, is hereby established for the purposes contained herein with the powers and duties set forth in the Agreement. The Board shall consist of two commissioners each from the counties of Anoka, Carver, Dakota, Scott and Washington. Ramsey County shall have two to four members, at its option, from its board of commissioners . Hennepin County shall have two or three members, at its option, from its board of commissioners . The counties of Anoka, Carver, Dakota, Scott and Washington shall be entitled to two votes each, one vote for each member. Ramsey County and Hennepin County shall have four votes and six votes respectively to be allocated among its members as provided in the appointing resolution. The county board of commissioners of each county shall appoint, by resolution, its representative members and alternates to the Board. Resolutions appointing representatives of each county shall be filed at a place, time and manner as determined by a majority of the Board. Section 2: Terms. Each representative shall be appointed for a one year term beginning January 1 of each year. In the event that any representative shall not have been appointed by January 1 in any year, the incumbent representative shall serve until a successor has been appointed. Removal of any representative during the term for which the representative has been appointed shall be done only by resolution of the appointing board of commissioners . Resolutions of any board of commissioners under this section shall be filed as provided for in Section 1 of this Article. Section 3: Chair and Vice Chair. The Board shall elect a Chair and Vice Chair from among the seven members designated by the seven County Boards of Commissioners to serve on an Executive Committee at its first regular meeting. The Chair and Vice Chair shall be elected by the Board for one year terms. The Chair shall preside at all meetings of the Board and shall perform other duties and functions as may be determined by the Board. The Vice Chair shall preside over and act for the Board during the absence of the Chair. (3) 411 Section 4: Secretary and Treasurer. The Board shall elect a Secretary and a Treasurer from among the seven members designated by the seven County Boards of Commissioners to serve on an Executive Committee at its first regular meeting, who shall serve for one year terms. The Secretary and Treasurer shall perform all the duties and functions as provided for in the bylaws . Section 5: Membership on Executive Offices . Hennepin County and Ramsey County shall each have one member in any of the four executive offices provided for in Sections 3 and 4 of this Article. Section 6: Vacancies. If an appointment of any representative is vacated before the end of the term, the vacancy shall be filled by appointment by the appropriate appointing board of commissioners . Vacancies shall be filled within thirty (30) days of their occurrence. A vacancy shall be deemed to have occurred when any of the conditions specified in Minnesota Statutes, Section 351. 02 exist, or if a representative fails to qualify or act as a commissioner. Section 7 : Meetings. The Board shall meet at regular meetings at such times and places as the Board shall determine. Special meetings may be held on reasonable notice by the Chair or any two representatives upon terms and conditions as the Board may determine. Each representative shall have one vote on 'any matter before the Board, except representatives from Ramsey and Hennepin Counties who shall each have voting strength in accordance with the provisions of Article III, Section 1. Each representative shall be present and voting only in his or her own representative capacity and without authority to cast proxy votes . An affirmative vote of a majority of representative votes present shall be required before any action can be taken provided a quorum is present at the call of the meeting to order. A majority of the representatives designated by the counties shall constitute a quorum, provided that those present represent at least four of the seven counties . ARTICLE IV Powers of the Board Section 1: General Powers. The Board is hereby authorized to exercise such authority as is necessary and proper to effectively achieve the goals and objectives as described herein. A. 911. To complete the implementation of (the 911 plan of each county in the acquisition, installation, operation and maintenance of the Regional 911 Telephone System, and is authorized to exercise those powers required to discharge the duties imposed by Minnesota Statutes, Chapter 403, rules and regulations promulgated therefor by the State Department of Administration, and Minnesota (4) • s Statutes, Section 471 .59 . Such authority shall include, but not be limited to, those specific powers enumerated in Section 2 of this Article. No authority shall be exercised by the Board with respect to any county which exceeds that conferred by statutes, rules or regulations, the provisions of the Agreement or the 911 plan of any county. B. EMS. Take actions, or recommend actions to the appropriate authorities, public and private, which are needed for the coordination and improvement of emergency medical services (EMS) within the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington. Review, develop, and recommend standards for training of emergency services personnel, including dispatchers, first responders, emergency medical technicians, paramedics, emergency room nurses and physicians for the metropolitan area. Develop, review, and recommend standards and procedures for EMS communications, including, but not limited to use of the assigned Emergency Medical Services radio frequencies within the seven county metropolitan area. Develop, review, and recommend standards and procedures for emergency transportation and medical care of the patient from the scene of the incident to the hospital including equipment for patient care in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington. Review, develop, and present public information and education programs that relate to EMS functions and services in the metropolitan area. Section 2: Specific Powers. The Board may exercise the following specific powers: A. Adopt an annual budget, together with a statement of the sources of funding and an estimate of the proportion of such amounts required of each county. B. Enter into transactions, including contracts or leases, required in furtherance of this Agreement and statutory mandate; and enforce such transactions to the extent available in equity or at law. The requirements of the county with the least restrictive contracting and purchasing authority shall apply hereto in the judgment of the Board. (5) 111 C. Engage in planning, installing, administering, operating and maintaining the Regional 911 Telephone System. D. Disburse funds in a manner, which, as far as practicable, is consistent with the method provided by law for the disbursement of funds by the parties to this Agreement. E. Adopt by-laws or rules and regulations consistent with this Agreement required for the exercise of the powers of the Board or accomplishment of its objectives . F. Proceed against any county to this Agreement failing to make prompt payment of its just and correct assessment under Article VI, subject to the procedures established in this Agreement. G. Make provision for the employment, discipline or discharge of personnel required to accomplish the purposes of this Agreement. H. Purchase public liability insurance and such other bonds and insurance as isnecessary for its officers, agents and employees. The exercise of such authority by the Board shall not be construed as a waiver or modification of the limitations, defenses and immunities of county liability contained in Minnesota Statutes, Chapter 466. L, Apply for and accept gifts, grants or loans of money, other property or assistance on behalf of the contracting counties from the United States Government, the State of Minnesota, or any person, association or agency for any of its purposes, including any grant which may be available for the cost of installation of the Regional 911 Telephone System; enter into any agreement in connection therewith; and hold, use and dispose of such money or other property and assistance in accordance with the terms of the gift, grant or loan relating thereto. J. Hold such property as may be required to accomplish the purposes of this Agreement and upon termination of this Agreement, make distribution of such property as is provided for in this Agreement. K. Serve as the contractual and financial agent for the purposes of accepting and disbursing State or federal funds under agreements with the State of Minnesota, Minnesota Department of Health or other State or federal agencies on behalf of the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott (6) 410 and Washington for regional emergency medical services (EMS) activities . L. Review and approve plans, grant applications or requests for funds or programs related to emergency medical services within the seven county metropolitan area. M. Recommend policies, procedures, or programs to coordinate and improve the delivery of emergency medical services in the seven county metropolitan area. Section 3: Exercise of Powers. All powers granted herein shall be exercised by the Board in accordance with the legal requirement applicable to counties . ARTICLE V Committees Section 1: Technical Operations Committee. Upon completion of the installation of the Regional 911 Telephone System, members of the Technical Operations Committee shall be appointed as provided for in Section 3 herein. In the event vacancies occur prior to the completion of installation, such vacancies shall be filled by appointment by the Board. Section 2: EMS Committee. The EMS Committee shall recommend to the Board those actions which are needed for the coordination and improvement of emergency health care services within the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington. The EMS Committee shall be composed of thirteen representatives from the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington and be selected as follows. One member from each county shall be a representative of the. Administrator of the Community Health Services (CHS) agency of the county and shall be recommended by the county board of commissioners. One member shall be recommended by the CHS agencies of the counties, to represent EMS communications in Anoka, Carver, Hennepin and Scott counties . One member shall be recommended by the CHS agencies of the counties, to represent EMS communications in Dakota, Ramsey and Washington counties . One member shall be recommended by the Metro Emergency Physicians Committee (MEPC) to represent the counties of Anoka, Carver, Hennepin and Scott. One member shall be recommended by the Metro Emergency Physicians Committee (MEPC) to represent the counties of Dakota, Ramsey and Washington. One member shall be recommended by the CHS agencies of the counties, to represent ambulance service providers in the counties of Anoka, Carver, Hennepin and Scott. One member shall be recommended by the CHS (7) • • r agencies of the counties, to represent ambulance service providers in the counties of Dakota, Ramsey and Washington. There shall be two executive officers of the EMS Committee. The EMS Committee shall recommend to the Board a member to be appointed Chair and another member to be appointed Vice Chair. One of the two executive officers shall be an administrative representative from the counties of Anoka, Carver, Hennepin and Scott and the other officer is to be an administrative representative from the counties of Dakota, Ramsey and Washington. Section 3 : Other Committees. The Board may appoint such other technical or operating committees as are necessary for the accomplishment of the purposes of this Agreement. The membership of such other committees shall be appointed to an annual term or for such other term as may be agreed upon by the Board. ARTICLE VI Funding Section 1: Assessment Procedure. By August 1 of each year, prior to the adoption of an annual budget for the following year, the Board shall determine the amount of contribution by each participating county according to the assessment formula in Section 3 herein. The budget shall provide for necessary installation and maintenance, and for the administration and operation of the Regional 911 Telephone System. The contribution of each county shall be a credit for the county making the contribution. If, in any year, the amount of any contribution exceeds that estimated as each county's share toward the total annual cost, the excess shall be allocated in such manner as to reduce each county's contribution in accordance with the assessment formula herein. If, after the adoption of an annual budget, it appears that a deficit is imminent in that the amount of any share is incorrect or insufficient, the Board may, at a regular or special meeting, adjust the budget to the extent required for the exercise of its powers and the accomplishment of its purposes. Such additional contributions shall be assessed as provided in Section 3 herein. Section 2: Initial Assessment. An assessment shall be made and charged to each county herein sufficient to enable the Board to administer the Regional 911 Telephone System. Such assessment shall be made by the Board at its first regular meeting in accordance with the assessment formula contained in Section 3 herein. Thereupon, notice of the assessment shall be forwarded to each county for approval and payment. Section 3: Assessment Formula. All assessments authorized to be made by this Agreement shall be made in the same proportion as the ratio of the population of the county bears to the population of the metropolitan area as determined by the most recent and (8) S 1 available population figures of the Metropolitan Council. If the Board incurs any liability for damages arising from the use of the 911 system, the amount of damages shall be assessed against each member county in the same manner as in the assessment formula described in this section. Section 4: Initial Local Elective Service. The total costs incurred as a result of any single county request or service in excess of minimum 911 service shall be assessed to the county so requesting. If more than one county makes a request for such service, the assessment therefor shall be made in the same proportion as the ratio of population of each requesting county bears to the population of all counties requesting such local elective service. The assessment therefor shall be made on the most recent and available population figures of the Metropolitan Council. Section 5: Local Elective Service After Implementation. Any county requesting an elective service after implementation of the Regional 911 Telephone System, or after the cost of elective service has been assessed and paid by another county or counties, shall purchase the elective service by paying its proportionate share of the installation cost of special or additional equipment required for local elective service to the Board as though the later requesting county or counties had originally requested the local elective service. The amount paid by the county or counties later requesting the local elective service shall be paid to the county or counties originally paying for the local elective service in proportion to their entitlement, or at the county's option, may be allocated by the Board to the initial requesting county or counties as a credit in proportion to their original payment for local elective service. Section 6: Time. of Payment; Review. All assessments made under the provisions of this article shall be approved and paid by each county within thirty (30) days of receipt of written notice of the assessment. Payment by any county shall not be construed as a waiverof the right to review the amount or the basis for the assessment. Any county may request such a review, after payment of the assessment, by the Board. The Board shall hear the parties upon request and make such modifications in the assessment to any county as are appropriate under the circumstances. If the request for review is not satisfactorily resolved before the Board, the aggrieved county or counties may make a request for arbitration pursuant to the provisions of Minnesota Statutes, Chapter 572. Section 7 : Accountability for Funds. All funds shall be accounted for according to generally accepted accounting principles . A report on all receipts and disbursements shall be forwarded to the board of county commissioners of each county quarterly by the 15th day of the month following the reported quarter. (9) I • ARTICLE VII Withdrawal Section 1: Unilateral Withdrawal. Any county may withdraw on December 31 of any year after the expiration of the term of this agreement, provided for in Article IX, Section 1, by giving notice to the Chair of the Board of a certified copy of a resolution of its board of commissioners indicating its intent to withdraw from this Agreement. Such notice must be given to the Chair of the Board by June 1st of the year of withdrawal to be effective. Upon receipt of the resolution, the Chair of the Board shall forward a copy of the resolution to each of the counties and to the Minnesota State Department of Administration. Section 2: Effect of Withdrawal. Withdrawal by any county shall not terminate this Agreement except as provided in Article VIII. Withdrawal shall not act to discharge any liability incurred or chargeable to any county before the effective date of withdrawal. Such liability shall continue until appropriately discharged by law or agreement. No county shall be entitled to a refund of administrative or operating funds paid, or forgiveness of such funds owed, to the Board. Any withdrawing county receiving local elective services shall continue to be liable for its share of the annual recurring costs of such service. ARTICLE VIII Termination Section I: Termination. This Agreement shall terminate upon the occurrence of any one of the following events: A. When counties withdraw pursuant to Article VII so that in the judgment of the Board it becomes impractical or uneconomical to continue the Regional 911 Telephone System. B. When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction. C. When a majority of the counties hereto agree, by resolution, to terminate the Agreement. D. Upon the termination date herein. Section 2: Effect of Termination. Termination shall not discharge any liability incurred by the Board or by the counties during the term of this Agreement. Each county shall be liable for its own acts and for the acts of the Board to the extent provided by law. The Board shall continue to operate after the date of termination only for the purpose of winding up its business and for aiding in the prosecution and defense of claims . (10) 411 Property or surplus money acquired by the Board shall be distributed to the counties in proportion to contributions of the contracting counties . The Board shall approve a final report of its activities and affairs and, on the expiration of thirty ( 30) days therefrom, shall cease to exist. ARTICLE IR Effective Date, Amendments Section 1: Effective Date. This agreement shall become effective upon the approval of any two counties herein and shall become binding upon the remaining counties on the dates of approval of each of them, and shall continue in force until December 31, 1999 . No county to this Agreement shall withdraw during the term of this Agreement. This Agreement may be renewed for additional terms of three years each by resolution of the boards of county commissioners of the counties hereto. Section 2: Amendments. This Agreement may be amended only by unanimous agreement of the counties hereto by resolution of the boards thereof. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the date written below: 4.11rY 0 ANOKA, STATE OF MINNESOTA By: Attest: ` 40X1WE L= Pyr Title: County Board Chairman Date: November 26. 1996 CO 4Y 1 - —VER, STATE OF MI SOTA Attest: 74ts -� By: ,2 � . G/.��/�f 4 -rz(-e-C.-" __ Title: A411\ 1�\S-ztP.1� �. Date: 11A A) g -i COUNTY OF D OTA, STATE OF MINNESOTA ,,cc11 IN Attest: By: T: y..94‘40. Title: CLQ , "7U Date: 12. -1 -9 Co (11) . . 410 III ..„1 COUNTY OF HENNEPIN, STATE OF M}'' SO ; / if , Attest: • —' v$111111MAL4,Title: • '-'e: .v ' ifs COUNT OF RAMSEY, STATE OF MINNESOTA Attestc��4r-1 - �� By: hJ Jz/L tL Je Ch'- � - ���—` �CHAIR �Co n Title: ger , Ramsey County Board Date:: ut � �cpmmissioners CO TY OF SCOTT, STATE OF MINNESOTA Attest4:1_, S. .•ti A ti (�r�-�. By: �J LHR Title: cCN�( `, : lv1�„r-))S\ .r� Date: l -i�-I-` -1 COUNTT OF HINGTON, STATE OF MI /SOTA . Attest: By: % ` Title: f'fdti.,N1.5717 .4". Date: 7-7' ...14! ::CIVIL$:(CONTRACTJARNESON.AI3;16 (12) CI, Meeting Minutes Public Safety Training Facility DiscussionII ., ) - 21997 May 21, 1997 I i J 4\I Present: Larry Bodahl, Dennis Cusick, Ginny Erdahl, Jim Frank, Stuart Glaser, Ken Hartung, Don McGlothlin, Greg Orth, Mike Richardson, Jim Schug, Bill Sullivan, Craig Waldron, Martina Johntz A summary of the Public Safety Training Facility Needs Statement was provided by Martina Johntz. Participants viewed a video tour of the Maple Grove Law Enforcement Training Facility, produced by the City of Cottage Grove. Discussion The following questions were posed for discussion: • What direction do we take now? • What are the next steps? • What is the role of the Public Safety Training Facility Commmittee? Numerous suggestions were offered: • Develop a rough budget which would include planning costs and project coordination. • Determine what the need is for the training facility and create a time line for the project. • Identify current spending on training; identify unmet training needs (some departments are not completing as much training as they need because their access to training facilities is limited). • Determine capital and operating costs for the facility and how to divide these between communities. • Complete cost analysis (debt service, staffing, division of costs, etc.) and analysis of available land within the County. • Conduct a multi-purpose analysis including: land use (available land); legal (development of a joint powers agreement); and finanancial (building and maintenance costs). • Bring in professional help to work out details such as cost, size, options, and location. This will require a financial committment from the communities. • Present information from the Needs Statement to City Councils using an outline of the proposal. • Present information to City Councils, determine willingness to participate in the project and present cost share for the next phase of the project. • Use a process similar to the process Oakdale used for its ice arena --determine support for the project and secure agreement to participate in the process, then work together through the planning process (work out the details of the project, create scenarios, determine who pays what, etc.) Comments: 1. Washington County is not willing to take on the debt for the training facility. A project such as this would have to be a joint effort between the communities and the County. 2. Need a project coordinator to move this process forward. 3. We need to have rough financial estimates on the front end so that city councils will know what it is they are really considering. • • 4. To begin with, it may be better to reference the Maple Grove and South Metro training facilities for costs, rather than locking ourselves into an estimate. $. Must be careful with cost projections. Any error should be on the high, rather than the low, side. 6. Washington County is able to do some portions of the next phase without outside help, including an estimated planning budget, land use analysis and development of a joint powers agreement. Outside analysts would be needed for cost analysis, developing facility plans, etc. 7. It is important that we encourage participation, particularly early committment from communities. Participation can be encouraged in the planning and construction phases through pricing incentives. 8. Corporate sponsors may be willing to help fund the training facility. In addition, companies which employ security officers may have an interest in partnership in the training facility in order to use it for their own training needs. The next meeting is scheduled for Monday, June 16 at 1:00 p.m. and will be held in the Washington County Law Enforcement Center.