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Home My WebLink AboutResolution No. 600-13RESOLUTION WHEREAS, the City of Rochester is a participating member of the Southeast Minnesota Regional Radio Board ("Board"), a Joint Powers Entity formed pursuant to Minnesota Statutes Sections 403.39 and 471.59; and WHEREAS, a Joint Powers Agreement creating the Board was approved by the parties to the Agreement comprising the Board including the City of Rochester; and WHEREAS, the Minnesota legislature has amended Minnesota Statutes Section 403.39 by adding a new section entitled, "Regional Emergency Communications Boards" that provides authority for Regional Radio Boards to assume responsibility for coordinating regional 911 services; and, WHEREAS, compliance with this amendment to Section 403.39 requires 'modification of the existing Joint Powers Agreement; and, WHEREAS, the Board recommends modification of the Joint Powers Agreement governing the Board to provide for regional coordination of 911 services and public safety "oadband data services and changes the name of the Board to "Southeast Minnesota egional Emergency Communications Board. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the City of Rochester approves the modifications to the Joint Powers Agreement recommended by the Board and attached hereto. 0 BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute the required addendum to the existing Joint Powers Agreement to implement the authorized modifications. 0 j . PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS ;?AJd DAY OF ��f'»l�S2 , 2013. AESIDENT F SAID C MON COUNCIL ATTEST: CITY CLERK • APPROVED THIS 32,d DAY OF D5C,E/Y)DV , 2013. 01,100, MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) CERTIFICATION STATE OF MINNESOTA COUNTY OF OLMSTED I, Judy Scherr, City Clerk of the City of Rochester, Minnesota, the custodian of its records, do hereby certify the above is a true and exact copy of a Resolution passed, adopted and approved by the Common Council of said City on December 2, 2013, as shown by the minutes of said meeting in my possession. Dated at Rochester, Minnesota, this Notary Public My Commission Expires: 0 ReslMesolu.SEMNRadio day of December 2, 2013. City Clerk • Joint Powers Agreement Southeast Minnesota Regional Emergency Communications S Board August 21, 2013 • • �J TABLE OF CONTENTS ARTICLE I -AUTHORITY, PURPOSE, AND DUTIES ............................................ - 5- Section1. Authority .............................................................................................................- 5- Section2. Purpose................................................................................................................- 5- Section 3. Duties of the Parties to this Agreement............................................................ 5- Subd. 1. Regional Emergency Communciations Board...............................................................- 5- Subd. 2. Local Enhancements and Improvements.......................................................................- 6- Subd. 3. Individual Duties..............................................................................................................- 6- ARTICLE II - REGIONAL EMERGENCY COMMUNICATIONS BOARD ............ - 7- Section 1. Creation and Powers........................................................................................... 7- Subd. 1. Creation.............................................................................................................................- 7- Subd. 2. Powers............................................................................................................................... - 7- Subd. 3. Additional Powers............................................................................................................. 7- Section 2. Membership, Appointment, and Term............................................................. -. 8 - Subd. 1. Requirements for Participation....................................................................................... 8- Subd. 2. Application for Participation........................................................................................... 9- Subd. 3. Initial Participants............................................................................................................ 9- Subd. 4. Membership......................................................................................................................- 9- Subd. 5. Appointment - Members Representing Counties and Cities ......................................... 9- Subd. 6. Term - Members Representing Counties and Cities ...................................................... 9- Subd. 7. Alternates - Members Representing Counties and Cities .............................................. 9- Subd. 8.Other Members of the Board..........................................................................................- 9- Subd. 9. Selection, Term, and Alternates - Other Members of the Board ....................................... Subd. 10. User Committee Board Advisors........................................................................................ Subd. 11. Modification to Board Composition........................................................................... - 10 - Section 3. Officers, Meetings, Quorum, Rules, Notices, and Open Meeting .................- 11- Subd. 1. Officers of the Board......................................................................................................- 11 - Subd. 2. Meetings........................................................................................................................... 11 - Subd. 4. Quorum; Approval of Action........................................................................................- 11 - Subd. 5. Rules of Order................................................................................................................- 11 - Subd. 6. Notices.............................................................................................................................- 12 - Subd. 7.Open Meetings................................................................................................................- 12 - ARTICLE III - COMMITTEES ................................... ..............12 - Section 1. Regional Advisory Committee.........................................................................- 12 - Section2. Regional User Committee................................................................................. 12 - Section3. Owners and Operators Committee.................................................................- 13 - Section4. Other Committees.............................................................................................- 13 - ARTICLE IV - ADMINISTRATION...........................................................................14 - Section1. Administrative Services....................................................................................- 14 - Section2. Employees...........................................................................................................14 - Section 3. Employees of Parties to the Agreement...........................................................14 - Section4. Joint Purchasing...............................................................................................- 14 - Section5. Inventory ............................................................................................................14 - -2- • Section 6. Contracts and Bidding 14 - ARTICLE V - FINANCES...........................................................................................15 - Section1. Budget:................................................................................................................15 - Subd. 1. Administrative Expenses................................................................................................ 15 - Subd. 2. Operational Expenses..................................................................................................... 15 - Subd. 3. Capital Expenses............................................................................................................. 15 - Section2. Budget Process...................................................................................................15 - Subd. 1. Individual Costs............................................................................................................... 15 - Subd. 2. Sub -Regional Costs......................................................................................................... 15 - Subd. 3. Regional Costs................................................................................................................. 16 - Subd. 4. Administrative Costs......................................................................................................- 16 - Section 3. Budget Adoption Process and Objection to Budget/Financial Contribution -16 Subd. 1. Budget Adoption.............................................................................................................- 16 - Subd. 2. Objection to Budget/Financial Contribution................................................................ 17 - Subd. 3. Payment of Contribution..............................................................................................:- 17 - Section4. Expenditure of Funds.......................................................................................- 17 - ARTICLE VI- NOTICES, BREACH, WITHDRAWAL, AND TERMINATION....-18 - Section1. Notices.................................................................................................................18 - Section2. Breach of Agreement.........................................................................................18 - Section 3. Withdrawal from Agreement...........................................................................18 - Subd. 1. Withdrawal Limitations................................................................................................. 18 - • Subd. 2. Withdrawal Notification Period....................................................................................- 18 - Subd. 3. Distribution of Property on Withdrawal....................................................................... 18 - Section4. Termination........................................................................................................19 - Section 5. Distribution of Property and Termination......................................................19 - ARTICLE VII - AMENDMENTS TO THE AGREEMENT .....................................- 20 - Section1. Proposal and Notification.................................................................................- 20 - Subd. 1. Proposal............................................................................................................................ 20 - Subd. 2. Notification...................................................................................................................... 20 - Section2. Approval and Adoption....................................................................................- 20 - Subd. 1. Approval.......................................................................................................................... 20 - Subd. 2. Signatures Required........................................................................................................ 20 - ARTICLE VIII - DURATION, INTERPRETATION, AND SAVINGS CLAUSE...- 21- Section 1. Duration.............................................................................................................- 21 - Section2. Interpretation....................................................................................................- 21 - Section3. Savings Clause...................................................................................................- 21- ARTICLE IX - INDEMNIFICATION WAIVER OF SUIT ...................................... - 21- Section1. Mutual Indemnification.................................................................................... 21- ARTICLE X - EXECUTION................................................................... - 22 is -3- • AGREEMENT FOR REGIONAL EMERGENCY COMMUNICATIONS BOARD This Agreement is entered into this day of , 20_, by and between the following political subdivisions of the State of Minnesota, who are the founding members of the board: City of Rochester Dodge County Fillmore County Office of the Mayor County Administrator County Administrator City Hall County Court House County Courthouse 201 4`h Street SE 22 East 60' Street P.O. Box 466 Rochester, MN 55904 Mantorville, MN 55955 101 Fillmore Street Preston, MN 55965 Freeborn County Goodhue County Houston County County Administrator County Administrator County Administrator Government Center Government Center County Courthouse 411 South Broadway 509 West 5`h Street 304 South Marshall Street Albert Lea, MN 56007 Red Wing, MN 55066 Caledonia, MN 55921 Mower County Olmsted County Rice County County Administrator County Administrator County Administrator County Courthouse Government Center Government Services Building 201 l' Street NE 151 41h Street SE 320 NW 3`d Street Austin, MN 55912 Rochester, MN 55904-3710 Faribault, MN 55021 • Steele County Wabasha County Winona County County Administrator County Administrator County Administrator Administration Center County Courthouse Administration Building 630 Florence Avenue 625 Jefferson Avenue 177 Main Street P.O. Box 890 Wabasha, MN 55981 Winona, MN 55987 Owatonna, MN 55060 • NOW, THEREFORE, in consideration of the mutual promises, covenants and consideration herein contained, the parties to this Joint Power Agreement agree as follows: -4- • ARTICLE I - AUTHORITY, PURPOSE, AND DUTIES Section 1. Authority. This Agreement is entered into by the parties to this agreement pursuant to the authority conferred upon the parties by Minnesota Statutes §§ 471.59 and § 403.39. Section 2. Purpose. The parties to this Agreement wish to formulate a regional emergency communications board to provide for: • Regional administration of enhancements to the Allied Radio Matrix for Emergency Response (ARMER) System owned and operated by the State of Minnesota and enhance and improve interoperable public safety communications. • Regional coordination of 911 and public safety broadband data services within the region. With that those objectives in mind, the Parties to this Agreement wish to: • Collectively prepare and administer a plan which provides for the installation, operation and maintenance of local and regional enhancements to the ARMER System; • Collectively prepare and administer a plan which provides for the implementation and operation of Next Generation 911 (NG911) service within the region or • within sub -regions of the region consistent with standards established by the Statewide Emergency Communications Board; • Collectively develop and maintain a plan for the implementation and operation of public safety broadband data service within the region or within sub -regions of the region consistent with standards established by the Statewide Emergency Communications Board. • 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 interests of the Parties to this Agreement or when other advantages might be achieved by joint purchases. Section 3. Duties of the Parties to this Allreement. Subd. 1. Regional EmerlZency Communications Board. A regional emergency communications board composed as herein provided shall have responsibility for the: • planning, financing, development, design, construction, operation, management, control and administration of the regional enhancement to the ARMER System in accordance with the Statewide Public Safety Radio Plan and the technical and operational standards of the Statewide Radio Emergency Communications Board.; • development, implementation and maintenance of a regional plan for the implementation of Next Generation 911 (NG911) service within the region or -5- • • within subregions of the region consistent with standards established under section 403.382 and coordination of 911 service within the region. • development, implementation and maintenance of a regional plan for the implementation of public safety broadband data services within the region or within subregions of the region consistent with standards established by the Statewide Emergency Communications Board. Subd. 2. Local ARMER Enhancements and Improvements. The regional emergency communications board shall coordinate all local enhancements to the (ARMER) System for jurisdictions and entities located within the region. All local enhancements and improvements must be consistent with local plans approved by the regional emergency communications board, sub -regional and regional plans authorized and approved by the regional emergency communications board and the Statewide Public Safety Radio Plan adopted by the Statewide Emergency Communications Board pursuant to statute. Improvements and enhancements are defined in the State Plan adopted by the Statewide Emergency Communications Board. Subd. 3. Individual Duties. Each party to this Agreement shall establish such policies and take such steps as may be necessary to ensure the integrity and continued operation of this Board and to implement this Agreement and all requirements herein contained. M ARTICLE II - REGIONAL EMERGENCY COMMUNICATIONS BOARD Section 1. Creation and Powers. Subd. 1. Creation. There is hereby created a regional emergency communications board that shall be known as "The Southeast Minnesota Regional Emergency Communications Board", hereinafter, the "Board". The Board shall have such powers as are provided by Minnesota Statutes §§ 403.39, §§ 403.392 and § 471.59 and this Agreement, including all powers necessary to: • plan, implement, maintain and operate regional and local improvements and enhancements to the ARMER System for the Southeast Minnesota ARMER region of development as determined by the Statewide Emergency Communications Board and identified in the State Plan as adopted by the Statewide Emergency Communications Board and provided by Minnesota Statute § 403.39 ; • develop, implement and maintain a regional plan implementing Next Generation 911 (NG911) service within the region or within subregions of the region consistent with standards established under section 403.382. • develop, implement and maintain a regional plan implementing public safety broadband data services within the region or within subregions of the region consistent with standards established by the Statewide Emergency Communications Board. Subd. 2. Powers. The Board shall have the power to contract with county and city units that have built local ARMER sub -systems for the maintenance and operation of those systems. County and city units that have built local ARMER sub -systems are not required to contract with the Board but may choose to manage, maintain and operate their own local sub -system. The Board shall have the responsibility to establish interoperability standards, policies and procedures that govern how local and regional sub -systems inter - operate. The Board shall not have the power or authority to establish standards, policies and procedures for the operation of local ARMER sub -systems except in those specific areas governing interoperability with regional systems except as provided by Agreement with local ARMER sub -system owners and operators. Subd. 3. Additional Powers. In addition to the powers enumerated in Minnesota Statute Section § 471.59, the Board shall have the following powers: • The power to apply for and hold licenses for public safety frequencies to be used in regional and local improvements. • The power to adopt regional performance and technical standards that do not interfere with the backbone or interoperability infrastructure administered by the Statewide Emergency Communications Board and subject to review of the Statewide Emergency Communications Board. • The power to enter into any contract necessary to carry out its responsibilities. -7- • • The power to acquire by purchase, lease, gift or grant, property, both real and personal, and interests in property necessary for the accomplishment of its purpose and to sell or otherwise dispose of property it no longer requires. • The power to contract with the State of Minnesota, through the commissioner of transportation, for construction, ownership, operation, and maintenance of regional or local improvements to the statewide public safety radio and communication system. • The power to apply for grants on behalf of one or more parties to this agreement for interoperable communications systems and equipment. • The power to determine sub -regions within the region where enhancements to the backbone (coverage or capacity) provide substantial benefit to more than one political sub -division or entity within that sub -region. • The power to provide for user fees in contracts with system users and to assess user fees upon system users within the region for capital and operational costs for regional and sub -regional enhancements and for administrative costs of the Board in accordance with any Agreements with system users. • The power to develop and maintain a regional plan for the implementation of Next Generation 911 (NG911) service within the region or within subregions of the region consistent with standards established under section 403.382. • The power to establish regional technical and operational standards for the implementation of NG911 service within the region or within subregions of the region that are consistent with technical and operational standards for 911 service • adopted pursuant to section 403.382. • The power to develop and maintain a regional plan for the implementation of public safety broadband data services within the region or within subregions of the region consistent with standards established by the Statewide Emergency Communications Board. • The power to establish regional technical and operational standards for the implementation and operation of public safety broadband data services within the region or within subregions of the region that are consistent with technical and operational standards for such service adopted by the Statewide Emergency Communications Board. Section 2. Membership, Appointment, and Term. Subd. 1. Requirements for Participation. Participation in the Board is restricted to counties and cities that meet the following minimum requirements: 1. A County within or immediately adjacent to the southeast region of development that has committed to participation in regional communications planning activities to achieve interoperability. 2. A City within or immediately adjacent to the southeast region of development that has committed to participation in regional communications planning activities to achieve interoperability and contributes at least 50% of the annual operational costs of the radio infrastructure within their respective county. -8- f�J Subd. 2. Application for Participation. The Board will establish policies and procedures for application for participation in the Board. Any County or City meeting the criteria for participation may request participation in the Board in accordance with policies and procedures established by the Board. Subd. 3. Initial Participants. Initial participants include Dodge County, Fillmore County, Freeborn County, Goodhue County, Houston County, Mower County, Olmsted County, Rice County, Steele County, Wabasha County, Winona County, and the City of Rochester. Each of these agencies is deemed to meet the minimum requirements for participation in the Board. Subd. 4. Membership. The members of the Board shall be: • One County Commissioner from each county party to the Agreement. • One City Council member from each city party to the Agreement. Subd. 5. Appointment - Members Representing Counties and Cities. The members representing counties and cities shall be appointed by the appointing authority of each respective governing body from the membership of that governing body. A successor must be appointed no later than sixty (60) days following the date a member is no longer • an elected official. Subd. 6. Term - Members Representing Counties and Cities. The term shall be for one year and until a successor is duly appointed; however, a member so appointed shall serve at the pleasure of that member's appointing governing body. There shall be no limit on the number of terms a member may serve. I] Subd. 7. Alternates - Members Representing Counties and Cities. Each appointing authority may designate an alternate who shall be authorized to act in the absence of the member. Subd. 8.Other Members of the Board. In addition to those members previously defined the following shall also non -voting members of the board: • A member of the Southeast Minnesota Regional Advisory Committee. • A member of the Southeast Minnesota Regional User Committee. • A member of the Owners and Operators Committee. Subd. 9. Selection. Term, and Alternates - Other Members of the Board. The member of each of the committees designated to serve as members of the Board shall be selected by majority vote of the entire committee membership on an annual basis. There shall be no limit on the number of terms a committee member may serve on the board. Each of these committees shall select by majority vote, an alternate who shall be authorized to act in the absence of the member of the board. Committee members elected 942 • to serve as Board members and alternates shall serve a term of one year and until a successor is duly elected. If an individual elected to serve as a Board member or alternate ceases to be a member of the committee by resignation or action of the appointing authority or any other cause, the committee shall meet within sixty (60) days of notification of change and select, by majority vote, a replacement. Subd. 10. Modification to Board Composition. Modification of the composition of the Board subsequent to its initial creation shall only be through the process established for the amendment of this Agreement -10 • Section 3. Officers, Meetings, Quorum, Rules, Notices, and Open Meeting. Subd. 1. Officers of the Board. The officers of the Board shall be a Chairperson and a Vice -Chairperson and such other positions as the board shall create. All officers shall be board members except as otherwise provided herein. The Board shall select a Chairperson and Vice -Chairperson at its first meeting. The Board shall appoint a recording secretary and make provision for the proper compilation and promulgation of meeting minutes, notices and communications. The Board shall select such other officers as it deems appropriate. All officers so selected shall serve until the next regular annual meeting. The Board shall select a Chairperson, Vice -Chairperson, recording secretary and other officers at the annual meeting. The recording secretary is not required to be a member of the Board. If the Board selects a non -Board member as recording secretary that person will not be a voting member of the Board but will serve solely as a recording secretary without right of participation in decisions or actions or matters before the Board. Subd. 2. Meetings. The initial meeting of the Board shall be at a time and place • designated by agreement of the parties following approval of the Agreement by a majority of the initial governing bodies. • The Board shall meet at least annually, not later than June I't of each year to review the operation, management, control and administration of radio and communications systems in its charge and approve the proposed budget for the following year. The Board shall establish a schedule of meeting dates appropriate to the workload. The Board shall provide a process for special meetings to be convened at the call of the Chairperson of the Board or in writing by a majority of Board members. The Board shall designate a location for all meetings of the Board. Subd. 4. Ouorum and Approval of Action. A quorum for the transaction of business of the Board shall be a majority of the voting members (or designated alternate in the Absence of the member) of the Board. Any motion or resolution of the Board must be approved by a majority of those members (or designated alternate in the absence of the member) in attendance at the meeting unless a greater number is required by law or other rules or policies adopted by the Board. Subd. 5. Rules of Order. The conduct of all meetings shall be governed by rules, policies and/or procedures adopted by the Board. - 11 - Subd. 6. Notices. Public notice of all meetings of the Board shall be provided in the manner required by Minnesota Statutes. Subd. 7. Open Meetings. All meetings of the Board shall be subject to the Open Meeting Law and shall be open to the public as required by law. ARTICLE III - COMMITTEES Section 1. Regional Advisory Committee. The administration of each party to this Agreement shall appoint one staff person with specialized technical, operational or administrative skills and responsibilities to represent that agency on the Regional Advisory Committee. The members of the Regional Advisory Committee will serve until replaced by the appointing authority. The Regional Advisory Committee shall establish by-laws and procedures for its operation. The Regional Advisory Committee shall designate, by majority vote, a member to serve as a non -voting member of the Board and an alternate. Such selection shall be on an annual basis. The Regional Advisory Committee shall be required to: • Review all recommendations to the Board from all other committees regarding policies and procedures prior to Board action. • Provide technical recommendations to the Board on matters affecting technology • and system planning and development. • Develop and recommend administrative procedures for the Board. • • Recommend an annual budget for the Southeast Minnesota Regional Emergency Communications Board. • Such other duties as may be defined by the Board. Section 2. Regional Radio System User Committee. The administration of each party to this Agreement shall appoint at least one (1) and not more than five (5) representatives to the Regional User Committee. These representatives should be members of law enforcement, fire service, EMS providers, emergency services staff and other groups or disciplines providing a representative committee of the users of the radio systems. The parties to this Agreement are strongly urged to cooperate to ensure a balanced committee with ample representation of the entire user community. The members of the Regional User Committee will serve until replaced by the appointing authority. The Regional User Committee shall establish by-laws and procedures for its operation. The Regional User Committee shall designate, by majority vote, a member to serve as a non -voting member of the Board and an alternate. Such selection shall be on an annual basis. The Regional User Committee shall have the following responsibilities: • Recommend to the Regional Advisory Committee such policies and procedures as may be required or necessary for consistent, reliable quality radio interoperability throughout the region. -12- • • Recommend to the Regional Advisory Committee such policies and procedures as may be required or necessary for integration of local and regional sub -systems into the ARMER system. • At the direction of the Board and with the cooperation of the Regional Advisory Committee recommend the establishment of minimum training standards for system users, including refresher training. • At the direction of the Board and with the cooperation of the Regional Advisory Committee recommend the establishment of minimum requirements for training service providers including employees of agencies trained to provide training services. • At the direction of the Board and with the cooperation of the Regional Advisory Committee recommend the establishment of minimum equipment specifications for mobile and portable devices authorized for use on regional and local sub -systems. • Such other duties and responsibilities as are assigned by the Board. Section 3. Owners and Operators Committee. The administration of each party to this Agreement that also owns and operates a local sub -system shall appoint a representative experienced in the management and operation of the local sub -system to serve on the Owners and Operators Committee. The members of the Owners and Operators Committee will serve until replaced by the appointing authority. The Owners • and Operators Committee shall establish by-laws and procedures for its operation. The Owners and Operators Committee shall designate, by majority vote, a member to serve as a non -voting member of the Board and an alternate. Such selection shall be on an annual basis. • Section 4. Other Committees. The Board shall create such other committees and advisory bodies as it deems appropriate to its purpose. The Board should endeavor to appoint an existing Board member to chair each committee or advisory body whenever compatible with the purpose of the committee or advisory body. If the Board does not appoint an existing Board member to chair the committee or advisory body so created the chair of the newly created committee or advisory body shall not be a member of the Board by virtue of appointment to the committee or advisory body. Membership on committees or advisory bodies is not limited to existing Board members. The Board shall have sole discretion in the appointment or process of appointment for committees or advisory bodies so created. -13- • ARTICLE IV - ADMINISTRATION Section 1. Administrative Services. The Board shall establish policies and procedures for the administration of the affairs of the Board. Administrative services shall be provided under the direction and control of the Board. These services shall include, but are not limited to, financial, legal and general administration. The Board shall provide a policy for the reimbursement of all administrative costs incurred. Section 2. Employees. The Board shall have the authority to hire and retain such employees as are deemed necessary by the Board. Such authority is limited by the budget approval process herein provided. Section 3. Employees of Parties to the Agreement. Employees of the Parties to this Agreement shall not be considered employees of the Board for any purpose including, but not limited to, salaries, wages or other compensation or fringe benefits; worker's compensation; unemployment compensation or reemployment insurance; retirement benefits; social security; liability insurance; maintenance of personnel records and termination of employment. • Section 4. Joint PurchasinLy. The Parties to this Agreement may purchase or sell equipment, materials, supplies and fixtures under a joint arrangement or bidding process. C] Section 5. Inventory. The Board shall maintain in its records an inventory of all real and personal property. Section 6. Contracts and Bidding. To improve and enhance regional and sub - regional interoperability, the Board may let contracts for professional or other services or for the lease or purchase of equipment or supplies pursuant to Minn. Stat. §471.345. -14- ARTICLE V - FINANCES Section 1. Budget. The Board shall adopt a budget annually. The budget shall provide for the following three categories: Subd. 1. Administrative Expenses. The Administrative Expense category shall account for all expenses associated with the administration of the Board. Subd. 2. Operational Expenses. The Operational Expense category shall account for all expenses associated with the continued maintenance and operation of enhancements to the basic communication and interoperability infrastructure. Where operational expenses can be associated with a single political subdivision or entity or to a sub -region of the region, those operational expenses shall be accounted for separately. Subd. 3. Capital Expenses. The Capital Expense category shall account for all expenses associated with the initial acquisition of equipment related to providing enhancements to the basic communication or interoperability infrastructure. Where capital expenses are related to a single political subdivision or entity or to a sub -region of the region, those capital expenses shall be accounted for separately. Section 2. Bud2et Process. The Board shall adopt a proposed budget on or before June 151 of each year. In developing and adopting its annual budget the following rules shall be applied: • Subd.l. Individual Costs. • • Capital costs for local enhancements which only benefit one political subdivision or entity must be approved by that political subdivision or entity before inclusion in the budget. The political subdivision incurring a capital cost may reserve their approval of this capital expenditure until the political subdivision in question has approved their final budget, and they are assured they have the resources for this expense. Operational costs associated with local enhancements which only benefit one political subdivision or entity, are the responsibility of that political subdivision or entity. The political subdivision incurring operational costs may reserve their approval of this operational expenditure until the political subdivision in question has approved their final budget, and they are assured they have the resources for this expense. Subd. 2. Sub-Reeional Costs. • Capital costs for local enhancements benefiting more than one political subdivision or entity should be allocated in a fair and equitable manner to the sub- region which will benefit from the enhancement. All political subdivisions proposed for participation in sub -regional enhancement costs must approve the capital expense before it can be included in the budget. The political subdivisions -15- incurring capital costs may reserve their approval of this capital expenditure until the political subdivisions in question have approved their final budgets, and they are assured they have the resources for these expenses. Operational costs associated with sub -regional enhancements are the responsibility of users within that sub -region and should be allocated in a fair and equitable manner reflective of the extent of participation and use of services. The political subdivisions incurring operational costs may reserve their approval of this operational expenditure until the political subdivisions in question have approved their final budgets, and they are assured they have the resources for these expenses. Subd. 3. Regional Costs. Capital costs for enhancements that benefit the region should be allocated in a fair and equitable manner to all users within the region. The costs must be approved separately by the Board before inclusion in the budget. All political subdivisions incurring capital costs may reserve their approval of this capital expenditure until the political subdivisions in question have approved their final budgets, and they are assured they have the resources for these expenses. • Operational costs associated with regional enhancements are the responsibility of all users within the region and should be allocated in a fair and equitable manner reflective of the extent of participation and use of services. All political subdivisions incurring operational costs may reserve their approval of this operational expenditure until the political subdivisions in question have approved their final budgets, and they are assured they have the resources for these expenses. Subd. 4. Administrative Costs. The parties to this Agreement shall contribute each year to a General Fund. The manner of the distribution of the administrative costs between the parties shall be determined by the Board to provide a fair and equitable distribution reflective of the extent of participation and use of services. The General Fund shall be used for general administrative purposes including, but not limited to: Board expenses, staff expenses, equipment, purchase of professional or other services, purchase of supplies, insurance and bonds. Section 3. Bud2et Adoption Process and Objection to Bud2et/Financial Contribution. Subd. 1. Budtet Adoption. On or before June 1st of each year, the Board shall, by approval of a majority of all members of the Board, adopt a proposed budget for the ensuing year. The budget shall include the total amount necessary for administrative expenses, operational expenses and capital expenses. a. The Board shall certify the Administrative Expenses portion of the budget on or before November 1st to the governing bodies of the Parties to this Agreement, together with a statement of the proportion of the budget to be contributed by each -16- • party. By December 1st of each year the Parties to this Agreement shall approve or object to this portion of the proposed budget and the parties' financial contribution and give notice of its action to the Board. This portion of the proposed budget shall be deemed approved in the absence of action by the Parties to this Agreement by December I". Final action adopting this portion of the proposed budget for the ensuing calendar year shall be taken by the Board on or before December 31st of each year. b. The Board shall certify the Capital Expenses and Operational Expenses portion of the budget on or before November 1st to the governing bodies of the Parties to this Agreement, together with a statement of the proportion of the budget to be contributed by each party. By December lst of each year the Parties to this Agreement shall approve or object to this portion of the proposed budget and the parties' financial contribution and give notice of its action to the Board. This portion of the proposed budget shall be deemed approved in the absence of action by the Parties to the Agreement by December 1st. Final action adopting this portion of the proposed budget for the ensuing calendar year shall be taken by the Board on or before December 31st of each year. Subd. 2. Obiection to Budeet/Financial Contribution. Any Party to this Agreement objecting to their financial contribution shall meet with the Board and attempt to resolve any differences. Subd. 3. Payment of Contribution. Each party to this Agreement shall be invoiced for required contributions in a manner determined by the Board and within the budget year of the required contribution. The contribution of each party to this Agreement shall be paid not later than 30 days following receipt of invoice. Section 4. Expenditure of Funds. All funds shall be expended in a manner determined by the Board, but the method of disbursement shall agree with the method provided by law for disbursement of funds by the Parties to this Agreement. -17- a ARTICLE VI - NOTICES, BREACH, WITHDRAWAL, AND TERMINATION Section 1. Notices. All notices required or permitted to be given by any party to this Agreement shall be in writing and shall be sent by first class mail to the administrative offices of the other parties. A notice shall be timely if postmarked on the day it is due. In the case of a notice requiring action by the governing body of a party to the Agreement, the response shall include a copy of the resolution, motion or minutes of the governing body. Section 2. Breach of Agreement. If any party breaches this Agreement and is given written notice of the breach and the nature thereof, the breaching party shall have thirty (30) days in which to cure the breach. Additional costs incurred by the parties to this Agreement resulting from the breach shall be the responsibility of the breaching party. Section 3. Withdrawal from Agreement. Any party may withdraw from this Agreement by resolution adopted by a majority vote of the full membership of its governing body and by formal written notice to all the parties to this Agreement and the Board. The notice shall include a copy of the adopted withdrawal resolution. A • withdrawal shall only be permitted as specified in this section. Subd. 1. Withdrawal Limitations. No withdrawal shall be permitted until the withdrawing party has made provision for the full repayment of any obligations issued to finance or refund the financing of any portion of the system for which the withdrawing party has responsibility and previously approved as provided in Article 5, Section 2, subdivision 2 of this Agreement. • Subd. 2. Withdrawal Notification Period. After the December 31St following repayment in full of any obligations issued to finance or refund the financing of any approved portion of the system, withdrawal shall only be permitted if the notice required pursuant to this section is given at least one year in advance of the withdrawal, but no later than December 31St of the year prior to the intended withdrawal, i.e. notice by December 31, 2019 for withdrawal on December 31, 2020. The withdrawal shall not affect the continuing liability of the withdrawing party for continuing obligations incurred that had the approval of the party prior to the notice of withdrawal, including lease -purchase or installment purchase obligations. To the extent permitted by law, the withdrawing party shall also be obligated for continuing obligations of the Board directly related to the services or activities of the Board which are caused by the withdrawal. Subd. 3. Distribution of Property on Withdrawal. A withdrawing party shall not be eligible for the distribution of any property or assets at the time of withdrawal except as otherwise specifically provided in this Agreement. -18- • Section 4. Termination. This Agreement may be terminated by the adoption of resolutions approving such termination by 75% of the counties and cities party to this Agreement. To the extent permitted by law the termination shall not affect the continuing liability of the parties to the Agreement for indebtedness incurred prior to the termination, or for other continuing obligations. • Section 5. Distribution of Property and Termination. All property, assets and funds of the Board shall be distributed to the then current parties to the Agreement upon termination in direct proportion to their participation and contribution. Sub -system resources owned and operated directly by the Board serving more than a single city or county party to this Agreement shall be distributed in a manner most likely to provide for the continued operation and maintenance of the resource. The Board shall encourage and foster the joint operation of resources intended to provide sub -system services for multiple agencies upon its termination. -19- CJ ARTICLE VII - AMENDMENTS TO THE AGREEMENT Section 1. Proposal and Notification. Subd. 1. Proposal. Amendments to this Agreement may be proposed by any party to the Agreement. Subd. 2. Notification. Notice of the proposed amendments shall be sent by the initiating party or parties to the Board and all parties to the Agreement. Section 2. Approval and Adoption. Subd. 1. Approval. Amendments to this Agreement shall be reviewed by the Board and then submitted with comment and recommendation for consideration by the governing . body of each party to the Agreement. Adoption of an amendment to this Agreement must be approved by resolution of each governing body party to this Agreement before it shall become effective. Subd. 2. Signatures Required. An amendment shall require the signatures of each party • to this Agreement and shall become an addendum to this Agreement. -20- • ARTICLE VIII - DURATION INTERPRETATION AND SAVINGS CLAUSE Section 1. Duration. This Agreement shall be perpetual in duration unless terminated pursuant to the provisions hereto, or any state law terminating the Agreement. Section 2. Interpretation. The captions of the provisions of this Agreement are for convenience only and shall not be considered or referred to concerning questions of interpretation or construction. Section 3. Savings Clause. 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 parties to this Agreement 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 the Parties to this Agreement by resolutions adopted in the manner specified for the adoption of amendments. ARTICLE IX - INDEMNIFICATION WAIVER OF SUIT • Section 1. Mutual Indemnification. The Southeast Minnesota Regional Emergency Communications Board shall fully defend, indemnify and hold harmless the participants against all claims, losses, liability, suits, judgments, costs and expenses by reason of the action or inaction of its employees participating in the Southeast Minnesota Regional Emergency Communications Board. This agreement to indemnify and hold harmless does not constitute a waiver by any participant of limitations on liability provided under Minnesota State Statutes, Chapter 466, or other applicable law. This section shall survive termination of this Agreement or a party's withdrawal from the Agreement. -21- • ARTICLE X - EXECUTION • All parties need not sign the same copy. Each Party hereto has read, agreed to and executed this Agreement on the date indicated. In Witness Whereof, the officers indicated below of the Parties to this Agreement have signed this Agreement by authority of their respective governing bodies. -22- • Signature Page Joint Powers Agreement including August , 2013 amendments Southeast Minnesota Regional Communications Board 0 City of Rochester Mayor Date • City Clerk Date - 23 - • • �J Signature Page Joint Powers Agreement including August , 2013 amendments Southeast Minnesota Regional Communications Board Dodize County Chairperson of County Board Auditor/Administrator County Attorney Date -24- 0 • '7 Signature Page Joint Powers Agreement including August , 2013 amendments Southeast Minnesota Regional Communications Board Fillmore County Chairperson of County Board Auditor/Administrator County Attorney Date - 25 - i 0 • Signature Page Joint Powers Agreement including . August , 2013 amendments Southeast Minnesota Regional Communications Board Freeborn County Chairperson of County Board Auditor/Administrator County Attorney Date -26- 5� • • Signature Page Joint Powers Agreement including August , 2013 amendments Southeast Minnesota Regional Communications Board Goodhue County Chairperson of County Board Auditor/Administrator County Attorney Date -27- • C, is Signature Page Joint Powers Agreement including August , 2013 amendments Southeast Minnesota Regional Communications Board Houston County Chairperson of County Board Auditor/Administrator County Attorney Date -28- [7 0 • Signature Page Joint Powers Agreement including August , 2013 amendments Southeast Minnesota Regional Communications Board Mower County Chairperson of County Board Auditor/Administrator County Attorney Date -29- • Signature Page LI • Joint Powers Agreement including August , 2013 amendments Southeast Minnesota Regional Communications Board Olmsted County Chairperson of County Board Auditor/Administrator County Attorney Date -30- • • Signature Page Joint Powers Agreement including August , 2013 amendments Southeast Minnesota Regional Communications Board Rice County Chairperson of County Board Auditor/Administrator County Attorney Date -31- • • • Signature Page Joint Powers Agreement including August , 2013 amendments Southeast Minnesota Regional Communications Board Steele County Chairperson of County Board Auditor/Administrator County Attorney Date -32- r-, Signature Page Joint Powers Agreement including August , 2013 amendments Southeast Minnesota Regional Communications Board Wabasha County Chairperson of County Board Auditor/Administrator County Attorney Date -33- • • U Signature Page - Joint Powers Agreement including August , 2013 amendments Southeast Minnesota Regional Communications Board Winona County Chairperson of County Board Auditor/Administrator County Attorney Date -34-