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HomeMy WebLinkAbout04.13.15 Work Session Packet City of Farmington Mission Statement 430 Third Street Through teamwork and cooperation, Farmington,MN 55024 the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA CITY COUNCIL WORKSHOP April 13, 2015 6:30 PM Farmington City Hall 1. CALL TO ORDER 2. APPROVE AGENDA 3. DISCUSSION ITEMS (a) Dakota County Broadband Project Update (b) 2016 TH-3 Project Concept Plans (c) Revised Fund Balance Policy 4. CITY ADMINISTRATOR UPDATE 5. ADJOURN 41 City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 %.*FR 04 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: David J. McKnight, City Administrator SUBJECT: Dakota County Broadband Project Update DATE: April 13, 2015 INTRODUCTION The issue of broadband in Dakota County has been discussed for a number of years by both the High Performance Partnership (HiPP) group and the Dakota County City/County Administrator's Group. The HiPP Group assigned this project to the administrator group that has been working on it over the past year plus. The Dakota County CDA has taken the lead on administering this project. DISCUSSION Craig Ebling, a consultant hired by the CDA and former Burnsville City Manager, and Lisa Alfson from the CDA will be in attendance at your April 13, 2015 work session to update the city council on the status of the project. The presentation will be the time to make sure you understand what this project entails, see how it is and could impact Farmington and ask any questions you may have. I have attached a summary of the study completed by Design Nine on this project. This is a complicated issue in many aspects. The work group on this project has continued to meet the past few months and you will be updated on the status of this project at your work session. The work has moved forward significantly since January 2015,the CDA representatives will update you the work of the committee at your work session. They will also have a presentation that will show you potential future steps and decision making points you will eventually be asked to consider. To show you the type of work we have been performing I have attached the information from the April 9, 2015 broadband committee meeting. BUDGET IMPACT TBD ACTION REQUESTED Hear the presentation from the Dakota County CDA representatives, ask any questions you may have and provide any feedback you feel is appropriate to CDA and city staff. ATTACHMENTS: Type Description o Exhibit Broadband Study Summary © Backup Material April 9, 2015 Broadband Meeting Information f° Overview of the ,-.6,-0i ' ii).„ Broadband - d. ; Infrastructure -.=. �.�- ., �t f� � �.Stud v : Dakota Count MN ��n. ' �• it ill _ { January,2015 DRAFT: Do Not Distribute e _ DESIGN NINE broadband planners Copyright©2015 Design Nine,Inc. Provided for the exclusive use of the Dakota County CDA. All other rights reserved. Disclaimer The telecommunications business is continually evolving.We have made our best effort to apply our experience and knowledge to the business and technical information contained herein.We believe the data we have presented at this point in time to be accurate and to be representative of the current state of the telecommunications industry. Market changes and new technology breakthroughs may affect our recommendations over time. Design Nine,Inc.presents this information solely for planning purposes. This document is not intended to be a replacement for formal engineering studies that are normally required to implement a telecommunications infrastructure. No warranty as to the fitness of this information for any particular building,network,or system is expressed or implied. Design Nine,Inc.will not be responsible for the misuse or misapplication of this information. For more information: www.designnine.com Table of Contents Overview and Recommendations Where le.the,plyate.sector? • •tiiivent Goals and Act Vides'in Dakota'County 3 Recommendations - 4 - - - •4 Next Steps 7 Bandwidth and Capacity Analysis What is Broad,barid? - - - Next Generation connectivity. 11 I-Net and C-Net Analysis I-Net Benefits and•Effidencles. 4,4 . 44 C-Net Benefits and Economic impaot Business Models and Ownership, 16 Theilmblio/Privato Partnorohlp.., . , .18 Business Model Options 18 Financing OPtions „ 20 PrOjettPhaseit, . - : 22 Infrastructure Maps „ 23 Overview and Recommendations In the autumn of 2013,Dakota County,its cities and the Dakota County Community Development Agency(CDA)solicited assistance in the advancement of their broadband vision adopted through the efforts of the High Percentage Partnerships(HIPP)process.A detailed Request for Proposals(RFP)was issued. The CDA and its partners desired to better understand what sorts of system improvements would be necessary to link designated public facilities in the County with broadband capabilities. Many of these facilities were already served by fiber optic cable owned by the County and its cities,but it was thought that some gaps may exist. The envisioned I-Net would be a system that links and serves these public sites with a system that utilizes existing publicly owned communication facilities including fiber optic cables, and necessary additions to that system to allow that service. In addition to increasing the efficiencies of local government services,the broadband objectives adopted through the HiPP process include the enhancement of economic development opportunities,growing home-based businesses,and maintaining increases in residential home values.To this end the RFP also asked for an analysis of potential expansions of the I-Net to provide a system that would be of value for outside private entities,referred to as the C-Net,potentially including businesses,wholesalers and/or Internet Service Provider(ISP)/content providers.The thought was that there could be an economic development impact of the C-Net concept-new business creation, strengthening and expanding of existing businesses,education,healthcare,and entertainment and other residential uses including telecommuting. Design Nine was selected through the RFP process to complete the work and began on Mayl,2014.The following report addresses the RFP requests. Why Fiber? We are now seeing even small and medium-sized businesses asking for fiber connections. Without ubiquitous fiber infrastructure,communities will not be economically competitive. Communities that already worry about losing too many young people to other areas have much more to worry about. Fiber is the only transmission system that will be able to deliver all the services businesses and residents will expect and demand in just a few years. Communities that choose to delay fiber infrastructure investments will be at a severe disadvantage in the next several years when trying to attract and retain businesses and workers. Fiber is a future proof investment. The upper limit of fiber capacity has not yet been found,and off the shelf hardware can handle thousands of times the needs of an average home or business well into the future. Fiber has a life expectancy of thirty to forty years, and may last much longer than that;every year,the number goes up as fiber systems installed in the 1970s continue to perform adequately. A single fiber can carry all the Dakota County`Broadband Study'Summary DRAFT: DO Not Distribute traffic and services needed by a home or business,including voice telephone service, television programming,live videoconferencing,and HD television. Over the next thirty years,the businesses,residents,and institutions of Dakota County 2 will spend more than 10 billion dollars on telecommunications services--in today's dollars, unadjusted for inflation and unadjusted for price increases.Some analysts believe that the average household bill for services delivered via broadband may double in the next ten years,which would make the thirty year projection easily reach 14 billion dollars(see the table on the following page).Clearly Dakota County sees the value of good telecommunication services.Numerous studies indicate that the demand for bandwidth is doubling every two years.Are the increasing telecommunications needs of Dakota County public institutions,businesses and residents being adequately met in the most cost- effective manner possible?This study concludes that they are not and finds that government actions could be employed to promote enhanced broadband service. Dakota County 30 Year Telecom Expenditure Analysis Households still on Households with Households with no dial-up "little"broadband cable Internet modem/DSL/wireless Total households 156,641 Total businesses 14,096 Household 3% 82% 15% Percentage Number of 4,699 128,446 23,496 households Average monthly Local phone: $25 Local phone: $25 Local phone: $25 telecom Long distance:$25 Long distance:$25 Long distance:$25 expenditures Cable/satellite TV: $65 Cable/satelliteTV: $75 Cable/satelliteTV: $65 Dial up Internet$20 Broadband Internet$45 Annual cost/ $1,620 $4040 $1,380 household 30 year $228,382,578 $7,860,871,944 $972,740,610 expenditure Total residential $9,061,995,132 expenditures Total $10,421,294,402 expenditures' 1:Includes an estimate of both local government and business expenditures. Where is the private sector? One might reasonably ask if there is so much money being spent on telecommunications, where is the private sector? The core issue applies not just in Dakota County,but Dakota County Broadband Study Summary DRAFT Do Not Distribute nationwide: the incumbent business model is broken. TV and telephone services are low margin commodity services that are rapidly being supplanted by Over The Top(OTT) video services like Netflix and Hulu,and cellphones have made the traditional telephone 3 landline a luxury.Incumbents view the market for telecom as a fixed,static market that requires them to'own"the customer and to bundle all services with the physical infrastructure. Put another way,the Incumbents do not have a business model that supports revenue growth in a meaningful way,and without revenue growth,they cannot afford to make substantial capital improvements(e.g.fiber). "Broadband"is not a service--it is a delivery medium. If we think about broadband using a roads analogy,broadband is the road,not the trucks that use the road. Internet access is a service delivered by a broadband road system,and that Internet service is just one of many services that are in demand. Today,congestion on broadband networks is not due just to increased use of email and Web surfing,but many other services. From an economic development perspective,the incumbent reliance on an outdated business model is disastrous. Local businesses should not be punished for using too much of an essential business service. An apt analogy would be if the Department of Transportation told a businesses that the tractor trailers they were using were"too big"and henceforth all deliveries had to be made by pick up truck. We know intuitively that this would make the business uncompetitive with businesses in other regions that had roads that supported tractor trailers. Current Goals and Activities in Dakota County During the course of this study numerous Interviews were conducted with Dakota County,municipal and school district officials.A common theme discussed in these interviews was the desire to apply a more strategic focus to the design and installation of any new publicly owned broadband assets and also to the application of the already well- endowed eadsting broadband assets.Substantial conduit and fiber assets have already been installed by Dakota County and its cities for Institutional use.Over the years this effort has given Dakota County and its cities with an Inventory of valuable fiber optic cabling that could potentially be more effectively applied to serving the governments of the County and assisting economic development,if the recommended steps are undertaken. Dakota County now publishes all broadband communications projects,including fiber- optic cabling installation,in Its capital Improvement program(CIP).This action allows broadband communications projects to be viewed and evaluated on par with other strategic capital improvement projects such as roadways,parks,and building construction. County policies stress appropriate redundancy,building to proper construction standards including strong adherence to the"dig-once"strategy,and serving all the county facilities that need broadband access.lhe County believes that the formal inclusion of broadband projects in the CIP,and the public visibility this inclusion imparts,will point to even more Dakota County Broadband Study Sumtnaty DRAFT: DO Not Distribute potentially fruitful partnerships with other governments and private entities.'The county is seeking a steady and orderly process for completing its network. Apple Valley has partnered with Dakota County,AccessEagan,Burnsville and zi- Independent School District(ISD)196 to connect ten buildings to a fiber network within the city.The Apple Valley City Hall functions as the network center for the hub and spoke network design.Empty conduit has been placed along Cedar Avenue which will provide future expansion of the fiber network in this heavily concentrated industrial area in what is otherwise a largely residential municipality. Farmington owns ten to twelve miles of fiber which connects several municipal buildings. Farmington relies on its own internal fiber system to connect its buildings and does not contract with Charter or any other cable provider for data,but does contract with Charter for video services. Lakeville,however,relies almost entirely on leased fiber from Charter which services all the municipal connected facilities.The city does own a few short strands connecting the city hall,library and a municipal liquor store.The city also shares some fiber with ISD 194 and gets Internet service through State of Minnesota connections at the Western Service Center. Rosemount currently owns fiber connections between the city hall and the fire station.'Ihe city is seeking to expand connections to its office park and to portions of the Dakota County network.The only active fiber-to-the-home(FTTH)project in the county, Evermoor,is in Rosemount.Despite mixed financial results from this project,Rosemount sees the potential for economic development with FTTH. A common theme expressed during our interviews with key city officials was that"fiber to the premise?(FTTP)—direct fiber connections to homes and business—is a goal of broadband expansion for the municipalities.lerfP is viewed as a key strategic driver for economic development. Fiber to the home has measurable benefits to homeowners beyond improved Internet access: In a 2013 report to the Fiber To The Home Council, Render Research and Consulting reported that fiber to the premises adds$5000 to$6000 to the sales price of the house. It was undecided how the goal of Fiber To The Premises would be achieved,but the cities of Burnsville and Eagan illustrate two possible approaches.Burnsville and Eagan have both constructed advanced municipal fiber networks,although with slightly differing approaches. In Dakota County,it is likely that private initiatives will lead fiber to the home efforts (new business models being adopted by FTTH start ups and larger firms like Google are showing that F ITH/FTTP efforts can be profitable). However,a well-designed and maintained C-Net could accelerate private investment by reducing the cost of connecting several neighborhood-level FTTH projects together. The C-Net would also make it easier Dakota Co unt BroadbandStudy:Summary DRAFT: DO Not Distribute for PITH projects to bring competitive service providers into their FTTH neighborhoods. While Burnsville and Eagan have made a commitment to allow business to access their 5 broadband networks and create a commercial network,or C-Net,Dakota County and its other municipalities have made broadband investments almost exclusively to support government operations.This institutional network,the I-Net,has successfully linked county administrative buildings and other facilities,city halls,fire departments,schools, traffic lights,emergency response facilities,golf courses and municipal liquor stores. Dakota County has focused on the I-Net.The the County's priority has been to develop fiber routes to meet the needs for performing its responsibilities and its partner local governments.Still,one of the County's strategic plan goals is to be"good for business", including being the hest at the basics(transit,fiber,roads etc.).In addition,one of the Dakota County CDA's strategic goals is to support the economic development goals of Dakota County communities.A strong broadband network is a cornerstone of economic development Dakota County is well known for its governmental collaboration success.The Dakota Communications Center(DCC)organization is an example of shared services and network sharing that has been in operation since 2007.Dakota County and several other cities in the County belong to LOGIS,which is a Joint Powers,intergovernmental consortium of Minnesota local government units.The mission of LOGIS is to"Facilitate leading-edge,effective and adaptable public sector technology solutions through the sharing of ideas,risks,and resources in a member-driven consortium"To further extend its collaboration effort,Dakota County is f ns IL ing an agreement with the Technology and Information Education Services(TIES)group.TIES is the largest provider of educational technology professional development in the Midwest,offering management software for school operations,instructional administration,and information technology operations. Most of the County network is owned by the County,but the state of Minnesota provides the Internet services.This is true of several of the cities in the county as well.The broadband policy for the County is to procure fewer commercially leased fiber lines and emphasize the construction and use of cooperatively constructed facilities with other institutions.The partnerships with the State have been advantageous to both parties.It seems that the State has more ability to obtain operational cost funds but struggles to fund capital expenditures. The County has been able to fill this need on several occasions.Beyond Apple Valley, Burnsville and Eagan there is little municipal-owned fiber in the other cities involved in this study(Farmington,Hastings,Inver Grove Heights,Lakeville,Mendota Heights, Rosemount,West St Paul,and South St Paul).Most of the other municipalities have leased fiber directly from a commercial provider,such as Comcast or Charter,or have joined a consortium,such as NDC4 in the northern part of the county.NDC4 connects Dakota County Broadband StudySumma►y DRAFT: Do Not Distribute 41 facilities in 13 entities,including 4 cities,3 school districts,county libraries,1 private school,and the South St Paul Library.The cities of Mendota Heights,South St.Paul, West St Paul,and Inver Grove Heights subscribe to NDC4 services.The above mentioned 6 County-TIES partnership will be a valuable"hedge"against future unknowns when NDC4 concludes its cable franchise renewal agreement. In addition to economic development,the interviewed city and county officials were concerned with network availability and redundancy.All have expressed interest in some sort of county-wide consortium that would reliably and effectively link county governments with a high-speed network.They recognize that establishing an entity to accomplish this task will be difficult,but they are all interested in participating,under the right conditions. Additional information about activities in the county and the cities Is contained in a separate document called Maps,Cost Estimates,and Notes. Recommendations The decisions surrounding an I-Net and a C-Net can be completely decoupled,and we suggest that the decision to support a C-Net project could be set aside until an enhanced I-Net has been established and funded. We strongly recommend the following. One: We recommend that an enhanced countywide I-Net effort be undertaken and cite the following as some of the reasons:(These factors are discussed in more detail in the body of the report.) ;!► The current ad hoc approach to brokering individual JPAs(now numbering more than 100 for the County)is unsustainable. ,® Current and future fiber and network assets are going to be under-used because there is no process in place to make good use of unallocated conduit and fiber.As bandwidth demands continue to increase just for local government needs,the sheer number of literally disconnected fiber assets will not be able to be utilized efficiently. 'The current tools being used to manage fiber strands is inadequate. 6 The long time period required to get new joint fiber sharing and/or joint construction cost sharing agreements in place will only get worse,meaning some opportunities to save money or improve services will be missed. Once an enhanced I-Net has been formed to address the existing I-Net only problems,it will be much easier to make a decision about whether to create a C-Net. In fact,we would say that developing a C-Net using existing County and city assets is simply not possible unless the current I-Net asset and process problems are solved. Two: We recommend that the I-Net(and the C-Net if it follows)be implemented utilizing the wholesale-open access-multi-service business model,owned and governed by Dakota Malty Broadband Study'Sumrnary DRAFT: Do Not Distribute a joint powers agreement(JPA)entity. 'The various business model options are discussed at length In this report. The recommended structure would provide for a JPA entity that would own and manage all publicly owned telecommunications assets In the County.It would assist all governmental units in required additions to the system to serve their 7 facilities and manage and maintain all of the systems.It would devise fair and equitable policies regarding the compensation for assets owned by the various members of the JPA and would expeditiously oversee the operation of the C-Net should the County and its cities determine to implement that concept. Three: Making this concept a reality will require a great deal of effort and cooperation among the County and its cities,something that they have demonstrated an ability to do in numerous instances before.The following Three Step Approach is recommended for this concept implementation. Next Steps Step One Create a new JPA entity with a charter to manage fiber and network assets on behalf of the County and any other cities that choose to join. This process will likely take three to six months,including time needed for individual city votes to join.Joining the JPA should require a minimum funding commitment to pay for staff,office space,and other operational expenses(shared among all members). 'Ihe JPA would have the legal authority to take on management of a C-Net at some time in the future. The JPA could be staffed minimally with a project manager and a network engineer,and most other activities could be outsourced. Where assets are owned by the County or a city,the JPA would be authorized to manage those assets and negotiate use of those assets with appropriate oversight. Where revenue is generated from leasing of those assets,there would be a pre-existing revenue share agreement in place between the JPA and the asset owner(e.g.if the JPA negotiates a fee- based lease of dark fiber in Burnsville,the City of Burnsville would share in the revenue). The JPA would require appropriate oversight and direction,and the JPA charter would specify a board,periodic meetings,fiscal oversight,and other organizational and management requirements. Step 7Wo The two new staff would be hired/transferred to the JPA(Director/Manager,Senior Technical position). First tasks would intlnde: ;, Development of a comprehensive and accurate inventory of existing and planned assets,map fiber strand assignments based on existing and proposed fiber use JPAs and any other shared use agreements(this would have to be contracted out—it's a substantial work effort). Likely time for this effort is five to seven months. Dakota County Broadband Study Summary DRAFT: DO Not Distribute * Analysis of all existing JPA joint use agreements and development of accurate records of partners,terms,restrictions on use,and other pertinent restrictions or requirements in the agreements. 8 4, Creation of new uniform"standard"agreements for joint use,fiber sharing(e.g.IRUs) and construction cost sharing so that new opportunities could be negotiated more quickly and at less expense. For all new fiber projects proposed by JPA members or partners, the JPA would be authorized to negotiate agreements using a"standard"fiber lease agreement developed and reviewed by telecom counsel on retainer(i.e.not local government attorneys). JPA staff would coordinate new fiber use and fiber deployment projects among JPA local government members,state agencies,school systems and other partners. Step Three After JPA is formed and asset inventory work is well underway,a separate proposal would be made to the JPA members to create a C-Net,using some of the now clearly identified fiber assets that could be allocated to the C-Net. The C-Net should be operated on an open access wholesale basis;the customers of the C-Net would be private sector service providers. We do not recommend that the JPA offer any retail business or residential services(i.e.Internet,voice telephony,TV,etc.). The C-Net could be operated directly out of the JPA,or a separate LLC could be formed (pending legal opinion on best way to do this). If the JPA members agree to create a C- Net,the JPA would develop a public price list for various assets(e.g.conduit lease,dark fiber lease,lit circuit leasing)and begin marketing availability.Likely time to reach agreement on C-Net formation and readiness to begin marketing:four to six months. Planning and implementation of the C-Net would require additional resources during the planning and development period. The C-Net network could begin as a nucleus of existing assets,but would require some capital funding to create a`"Phase One"business class core network. To be successful,the C-Net planning would have to include a careful analysis of current and planned areas of economic growth,and new fiber construction would be needed in many cases,as existing fiber assets have been placed in many cases to support local government activities rather than business activities. T Dakota County Broad band Study-Summary DRAM: Do Not Distribute Bandwidth and Capacity Analysis 9 What is Broadband? There is much confusion about the"true"definition of broadband. From the perspective of economic development,there can be no upper limit on the definition of broadband. Saying that broadband(as an example)is 5 megabits/second of bandwidth or 10 megabits/ second is to immediately tell businesses in the region that there will be structural limits on their ability to do business in the future—it is dictating the size of truck that can be used to deliver goods and services. Here is the only appropriate definition of broadband: Broadband Is whatever amount of bandwidth Is needed to support a business'ability to compete In the global economy. Broadband is a community and economic development issue,not a technology issue. 'The essential question is not,"What system should we buy?"or"Is wireless better or cheaper than fiber?" Instead,the question is: "What do our businesses and residents need to be able to compete globally over the next thirty years?" In short,the County today has some"little broadband"in the form of DSL and cable modem service,along with a very limited amount of"big broadband"in the form of fiber to a few businesses and institutions. If Dakota County Is to make investments in broadband and telecommunications infrastructure,it is absolutely critical that those investments are able to scale gracefully to meet business and economic development needs for decades. This drives the solution towards an integrated fiber and wireless system,rather than a wireless only service orientation. Wireless is able to provide basic Internet access needs,but is not able to support advanced video and multimedia services. Some off the shelf business videoconferencing systems in use today require a minimum of 50 megabits of bandwidth— far beyond the capabilities of any wireless system.Two key concepts that should drive community investments in telecom are: "Broadband"is not the Internet Bandwidth Is not a fixed number Broadband and"the Internet"are often used interchangeably,but this has led to much confusion. Broadband refers to a delivery system,while"the Internet"is just one of many services that can be carried on a broadband network. The challenge for communities is to ensure that businesses and homes have a broadband network with sufficient bandwidth to deliver all the services that will be needed and expected within the next three to four years, including but not limited to"the Internet." Dakota County Broadband Study Summary DRAFT: DO Not Distribute Bandwidth needs for the past decade have been growing by 25%to 50%per year,and show no sign of slowing. As computers and associated hardware(e.g.video cameras,audio equipment,VoIP phones)become more powerful and less expensive,new applications and services are continually emerging that drive demand for more bandwidth. The table below 1 indicates the likely growth in bandwidth,based on current uses,emerging high end equipment,and research lab/university/government networks already deployed and in use. Lightpaths refer to placing multiple wavelengths(paths)of light on a single fiber. High end commercial equipment already in production is routinely placing 20+lightpaths on a single fiber,with each lightpath capable of carrying data at gigabit speeds. This technology will move down to ordinary business and residential network equipment over the next ten to fifteen years.Current fiber being installed will require only a relatively inexpensive equipment upgrade to increase carrying capacity over the same fibers. From a report by the Information Technology and Innovation Foundation(March,2009), listed below are the bandwidth requirements for services already commonly in use and for emerging services like telepresence business videoconferencing. Application/ Upstream Downstream Total Combined Service Bandwidth Bandwidth Bandwidth Requirement Requirement Required Medium resolution 1.2 megabits 1.2 megabits 2.4 megabits videoconferencing Streaming video .5 megabits 1.2 megabits 1.7 megabits (720p) Standard definition .25 megabits 4 megabits 4.25 megabits TV Basic HD 1.2 to 4 1.2 to 4 megabits 2 to 8 megabits videoconferencing megabits (720p) Telepresence high 5 megabits S megabits 10 megabits for 2 resolution HD attendees,15 meg videoconferencing for 3 attendees Video home security 2-5 megabits .5 megabits 2.5 to 5 megabits service HD digital television 1 megabit 4-8 megabits 5 to 10 megabits (1080p) Telepresence very 15 megabits 15 megabits 30 megabits for 2 high resolution HD attendees,45 videoconferencing megabits for 3 (I 080p) attendees 4K digital television 1 megabit 19 megabits 20 megabits Dakota County Broadband Study Summary DRAFT: Do Not Distribute Note that the business videoconferencing services all require symmetric bandwidth. This is a critically important issue,as current incumbent"little broadband"services like DSL and cable modem systems do not offer symmetric bandwidth(where the upstream and downstream bandwidth is equal).Using this information we can project what Dakota 1 1 County homes and businesses will need in the coming years. Next 2-4 Next decade Twenty years years Small business 10-25 megabits of 100 megabits of Gigabit+symmetric needs(1-9 symmetric symmetric bandwidth and 50 to 100 employees) bandwidth and 5-10 bandwidth and megabits of Internet megabits of Internet 20-40 megabits of access access Internet access Medium-sized 50-100 megabits of Gigabit symmetric Multiple gigabit business needs symmetric bandwidth and 50 symmetric circuits and (10-100 bandwidth and to 100 megabits of lightpaths and 100+ employees) 10-20 megabits of Internet access megabits of Internet Internet access access Large business Gigabit and Multiple gigabit Multiple gigabit needs 10Gigabit symmetric symmetric circuits and (100-1000+ symmetric connections and lightpaths and 1 Gigabit employees) bandwidth and 250 to 500 +of Internet access 100+megabits of megabits of Internet access Internet access Residential 25-50 megabits of A Gigabit of A Gigabit symmetric needs symmetric asymmetric or circuit and/or lightpaths, bandwidth and symmetric with 100 to 250 10-15 megabits of bandwidth and megabits of Internet Internet access 80-100 megabits of access Internet access Next Generation Connectivity "Next generation"is the term used to describe future planning for the next step in network connectivity and infrastructure.'There seems to be an emphasis on deploying fiber-to-the- home(FTTH).But why?By pulling fiber deeper into the neighborhood and providing greater access to connectivity,this allows the infrastructure to be in place to accommodate future communication needs,capacities,and innovations.Because of the U.S.demographic bulge that occurred during the baby boom after WW2 caused exurban migration,the U.S. is currently the only country where fiber is being deployed in largely suburban areas with single family homes. In countries like Japan and Korea,fiber to the apartment is widely available,in part because the cost of delivering fiber to a high rise apartment building that might have 500 subscribers is much lower than the build cost of fiber to 500 single family homes in a sub-division. Dakota County Broadband Study Summary DRAFT: Do Not Distribute Next generation broadband reaps substantial benefits; there are several key benefits of "Next-Generation Broadband": Dramatically faster file transfer speeds for both uploads and downloads 12 The ability to transmit streaming video,transforming the Internet into a far more visual medium Means to engage in true-real time collaboration The ability to use many applications simultaneously Ability to maintain more flexible work schedules by being able to work from home on a part time or full time basis 0, The ability to obtain health-related services for an occasional illness and/or long term medical services for chronic illnesses. Clearly,consumers have a strong interest in a visual medium from whenever and wherever they are.YouTiibe is the second most popular search engine after Google,which demonstrates the need to support the infrastructure to transmit streaming video. In addition to video streaming,true-real time collaboration also provides an effective way for people to interact from wherever they are.People can engage in a two-way,real-time collaboration,so that fruitful,visual conversations can be held between friends,family, business associates from the state,country,or internationally. Because of fiber networks,employees have the capabilities of working from their home. Findings suggest that if all Americans had fiber to the home,this would lead to a 5 percent reduction in gasoline use,a 4 percent reduction in carbon dioxide emissions,$5 billion in lower road expenditures,and 1.5 billion commute hours recaptured. Dakota County Broadband Study Summary DRAFT. Do Not Distribute I-- Net and C- Net Analysis The potential county-wide I-Net,or Institutional Network,is envisioned as a logical 13 extension of activities and infrastructure that already exist in the county. For several years, Dakota County has allocated substantial funds to add conduit and/or dark fiber cable to a variety of capital improvement projects and plans to continue to make significant investments over the next several years. The County has also brokered numerous fiber sharing,construction cost sharing,and fiber swap deals with other local and state agencies. These deals have been executed typically as individual Joint Powers Agreements,and there are now more than one.hundred individual JPAs that regulate various bits of fiber and broadband infrastructure in the county. As previously discussed individual cities like Apple Valley,Eagan,and Burnsville have also invested in fiber for both government use and commercial use(in some cases). Independent School Districts 192 and 196 both have built private fiber networks to connect schools. The immediate impact of the diverse infrastructure efforts has been direct and measurable savings to taxpayers through reduced costs for connecting government and school facilities. Adding a C-Net on top of an existing or expanded I-Net will result in some Interesting efficiencies. Existing local government and K12 school networks have their highest use during business hours--put another way,the I-Net capacity is under-utilized during the times(evenings,weekends)when residential use Is highest. Adding a C-Net and encouraging private sector development of fiber to the home not only would create a revenue stream that would over time repay some of the capital costs of the network,but would increase the overall efficiency of use. Eagan,Burnsville,and Apple Valley have individually used fiber assets to create local I-Net and C-net infrastructure,but these assets are not connected in a way that provides countywide economic development benefits. -Net Benefrts and Efficiencies An enhanced I-Net would,managed by a cooperative agreement among the cities and the County(e.g.a JPA)would have substantial benefits.The new I-Net cooperative management entity would set a goal,over a period of several years,of delivering a minimum of one Gigabit fiber or multi-megabit broadband wireless to every government location in the county,with the ability to upgrade facilities on an as-needed basis to 10Gig and 100Gig circuits. An umbrella management entity would reduce the cost of new fiber deployment opportunities and make it easier for the cities to use County fiber within local boundaries. New agreements and opportunities for inter-governmental network asset • sharing could be executed more quickly and at less cost because the enhanced I-Net entity is empowered to negotiate and execute those agreements. Dakota County Broadband StudySummary DRAFT: Do Not DIstribui to One stop management and tracking of fiber and conduit assets will enable the County and the cities to make more efficient and more timely use of the the I-Net network. 'The cities would be able to make better use of both existing County fiber and the substantial County fiber route extensions planned for the next several years. 14 Cities,by being able to make use of the shared fiber facilities,should be able to reduce their own planned fiber capital expenditures while simultaneously reducing operating costs for connectivity between their own facilities. ,■ The County is already working with MNDOT and the cities on shared fiber use to connect more traffic signals and intersections together,and the traffic control cameras now being used to manage traffic signals also typically have the ability to provide remote video feeds--potentially representing thousands of new I-Net circuits using enormous amounts of bandwidth. As more intersections are connected to fiber,more fiber will be needed throughout the County. It is worth noting that while there is an expense related to automated traffic signal management,the cost savings in terms of more efficient fuel use(less fuel burned waiting for traffic lights and/or in traffic backups)represents an indirect but substantial cost savings over time. Fiber- supported traffic management is a green energy initiative. A county-wide shared network would further facilitate local government services resiliency and reliability by creating a series of redundant,self-healing fiber rings throughout the county. This highly resilient and redundant network would support critical city and county services like first responders,fire and rescue services, monitoring of water and sewer facilities,physical security of critical public infrastructure,and reduced use of energy in government facilities through improved monitoring and energy management. Both the County and the cities could reduce the cost of fiber/conduit outside plant maintenance and repairs(e.g.emergency break fixes,routine repairs and replacement) if that responsibility was delegated to the JPA,which could then negotiate a single Outside Plant(OSP)maintenance contract for JPA members. A C-Net that would aid city-level economic development would be much more difficult to implement without a joint city/County collaboration on an enhanced I- Net network. The cities will find it very difficult to leverage County's very substantial investments in conduit and fiber without a comprehensive sharing and collaboration agreement in place for the I-Net. The I-Net is a necessary first step to provide economic development benefits of Gigabit fiber to the cities. C-Net Benefits and Economic Impact The goals of a C-Net would be as follows: p Leverage the already significant investments made by the County and some of the cities to the overall benefit of citizens,businesses,and institutions in the county. Dakota CamtyBrbadbane study Summary DRAT: Da Not Distribute • Make the most efficient and effective use of planned future conduit and fiber investments by the County to make the cities more attractive to relocating businesses ,0 To reduce the cost of bandwidth and broadband services for local businesses and to 15 help retain existing businesses and jobs. Reduced costs for telecommunications for small businesses. While a main focus of discussion around a C-Net has been on large business needs,the county has thousands of smaller businesses that would benefit from a wider choice of telecom services with competitive pricing. Give city and county economic developers a powerful tool,In the form of a high performance,affordable fiber network,to support economic development. Use the excess capacity of existing and planned I-Net infrastructure to create new revenue streams(on a cost plus basis)to help pay down capital costs already expended,fund additional network expansion,and over the long term,return some revenue to the general fund of the asset owners(t.e.the County and the cities that own the asset). • A county-wide C-Net backbone with affordable wholesale pricing(i.e.open access) would make it easier to attract private investment for fiber to the home(FTTH) expansion,particularly into residential neighborhoods. C-Net fiber passing by a residential neighborhood would make it less expensive for a private provider to develop a business case for the capital cost of constructing fiber to the home. j. Revenue generated from the monetization of spare capacity could be used to repay capital expenditures undertaken by the County and the cities. Revenue could also be allocated to directly support expansion,and over time,revenue could be returned to the General Fund of the Infrastructure owners(e.g.the County or the cities). The most significant benefit of a C-Net leveraged on top of an enhanced I-Net would be the ability of any city or County economic developer to say to a business relocation prospect "Come to Dakota County.We can give you whatever amount of bandwidth you need to run your business." With more than three hundred other communities in the US.already able to say this or in advanced planning to be able to make this claim,Dakota County needs to be able to retain existing businesses and to attract new ones. We have worked with two other communities in other parts of the country that initiated C-Nets because the largest employer called and said,"We're leaving if you don't reduce the cost of bandwidth and improve the level of service available."These businesses had the option of leaving precisely because other localities have already made the investment of planning,time,and capital to put business- ready C-Nets in place. Dakota county Broadband Study Summary DRAM: DO Not Distribute • Business Models and Ownership Governments build and manage roads,but don't own or manage the businesses that use 1 6 those roads to deliver goods and services. In this third way,there is true competitive pricing between competing service providers,and little or no government regulation is required. The tremendous versatility of the Internet and the underlying technology bases now allows services that used to require a t their own,separate(analog)road system(voice telephony and TV services)to be delivered alongside other services like Internet access on a single,integrated digital road system. If we managed overnight package delivery the way we manage telecom,UPS and Fedex would only deliver packages ' "` rj to residences and businesses where each delivery firm had built a private road for their exclusive use. We recognize immediately the limitations of such a business model—few of us would have overnight package delivery to our homes because the small number of packages delivered would not justify the expense of building a private paved road. , j Before the rise of the automobile,most roads were 1.44 largely by the private sector. After cars became important to - commerce and economic development,communities began #4' building and maintaining roads because it became an -- economic development imperative to have a modern transportation system in communities. Before the rise of the Internet,digital networks were built - ?� + largely by the private sector. As broadband has become '�— critical to commerce and economic development, communities with digital roads are more competitive globally. Dakota County Broadband Study Summary DRAFT: Do Not Distribute A UTILITY COMPARISON SHARED ROADS SHARED AIRPORTS SHARED TELECOM 17 Historically,roads have been Airports are built and Duct,fiber,and wireless sites built and maintained by the maintained by a community or and towers may be built and community for the use of all, region as an economic and maintained by the community especially private firms that community development asset. and/or a neutral owner/ want to use them to deliver Both public and private users operator for the use of all, goods and services. benefit from the shared use of including private firms that a single,well-designed airport want to use them to deliver goods and services. Access to the community road Airport assets like departure In the digital road system, system is provided by parking gates,ticket areas,and runways access across private property lots and driveways,built by provide access to the airline to the community—wide property owners, developers services, network in the public right of and builders. way is provided by duct,fiber, and wireless systems built by property owners and/or developers and builders. The local government uses While the local government or Local government uses the roads only to deliver a consortium of local digital transport system only to government services.Local governments typically own the deliver government services. government does not offer airport facility,the local Government does not offer services like overnight package governments do not offer flight services like Internet access or delivery. services. Voice over IP. Private sector businesses use Private sector airlines are able Private sector businesses use roads so that their own cars to offer competitively priced the digital transport system to and trucks can deliver goods airfares because of the shared deliver goods and services to and services to customers. cost of the airport terminal customers.Because businesses Because businesses do not facilities. Each airline does not do not have to build and have to build and maintain build its own airport(which maintain a digital road system, roads,all businesses benefit would sharply increase the cost all service providers benefit directly by being able to reach of airfare). directly by being able to reach more customers at less more customers at less expense. expense. There are no road connection Businesses and citizens do not Any qualified service provider fees,and anyone may connect pay a fee to access the airport may connect to the digital road to the road system for free. facility.The cost of maintaining system for a nominal fee and Governments pay for the cost the airport facility is paid by the begin to offer services,without of maintaining roads largely airlines,which bundle that cost any significant capital expense. from those that use the roads. into the price of airfare. Fees Network capital and operating Fees are proportional to use, are proportional to actual use costs are recovered by charging from taxes on tires and by flying customers. Airlines service providers a small fee gasoline. benefit because they do not that is based on a percentage have to build,own,and operate of their income from services the airport directly.Those offered over the system. costs are shared across all users. Dakota County Broadband Study Summary DRAFT: Do Not Distribute The Public/Private Partnership 18 Because virtually any modern broadband network(and most older telecom networks) use public right of way for a large portion of network distribution,ALL business models are"public/private partnerships." The notion of the public/private partnership is not a distinct business Ivm'tt? w t'�'> model,but rather exists along a continuum, with minimal public involvement on one " =- ' ^ ` end(i.e.only use of public right of way)to full public ownership on the other end. Business Model Options There are three business/ownership models that arc were considered as part of the study. These models are: Private Sector Only o Municipal Retail Wholesale Multi-Service The table below summarizes the three models. Private Sector Municipal Wholesale Multi-Service Features Only Retail Network Three separate services Only three services Very high efficiency achieved Basic (voice,video,data) (voice,video,data)with by end to end automated service Concept with little or no sharing little or no sharing of provisioning. All providers of network. network. share network capacity. No government Government competes Government does not compete involvement. Private directory with the with private sector.Government Government sector decides where private sector. provides high performance Involvement and when to offer Government decides digital road system that benefits services. Some areas what services are all public and private users. get little or no service. offered. Buyers have rich set of choices. Owned by a private Owned and operated by May overnment or by aocommunity local government. nu company. Community enterprise like a broadband Governance Limited triple play must accept whatever services sold directly by authority or coop. Wide variety services are offered. local government. of services sold by rivate sector companies. Dakota County Broadband Study Summary DRAFT Do Not Distribute Little or none in most Government officials Level playing field creates areas. Cartel-like pick providers of each robust compctitlon. Service Competition pricing keeps prices service.No incentive to providers drive down costs and high. lower prices. provide service to get 1 9 Unlimited.Low cost of market Service Limited. Providers can Limited.Government entry and high level of service Options offer triple play at resells triple play automation attracts service most services. providers and encourages innovation. Limited by low returns Limited by low returns Unlimited. Revenue directly Revenue on the individual on the triple play linked to demand.Revenue services. services. increases with demand. Limited to high density Unlimited.Expansion Limited to high Rural Limited by triple play completely supported by Service Area areas and smaller cities approach,which keeps revenue sharing or use fees. Expansion area at a structural fluids for expansion Open services network can disadvantage. low. provide become financially sustainable relatively quickly. Government officiais More complex network Some areas do not get must predict business management required,but r Risks adequate service or hnpedy needs years reduces costs sharply for service tec affordable pricing. in advance, providers,which encourages competition. Dakota County Broadband Study-Summary DRAFT. Do Not Distribute Financing Options `There is no money for broadband...." 20 The financial analysis in the first section of this report provides a conservative 30 year expenditure estimate for routine and normal telecom services for businesses,residents, schools,and institutions in Dakota County. Over the next three decades,over 10 billion dollars will be spent on telecom services. This is estimate that does not include any adjustments for inflation or price increases,nor does it take into account the ever expanding demand for new kinds of services. The model looks only at current demand and today's retail prices. A community investment in a community-owned and managed digital road system,where all services are provided by the private sector,would have substantial benefits. What the table shows is that the region is already spending substantial sums of money on broadband—over$333 million a year. This amount represents an estimate of what is being spent by all public,residential,institutional,and business customers for landline services, including telephone,TV,and Internet access across the region. In fact,just the money spent in less than two years by residents,businesses and institutions in Dakota County would more than pay for the complete cost of building the proposed new all- fiber network to most homes and businesses in the county. Funding Options A wide variety of funding strategies are available for building telecom infrastructure. Funding Source Description Notes Long term debt instruments Revenue Bonds guaranteed with revenue Requires some equity/funding from other sources. from the network. General Long term debt guaranteed Generally more difficult to get approval from elected Obligation by local taxes. officials and voters. Bonds In Minnesota,Statute Special Property Chapter 429 permits a Does not require a vote,but the locality does have Assessment special assessment that can to provide a report to citizens detailing cost, be levied by communities for necessity,and effectiveness of the improvement. infrastructure improvements Many community broadband projects have been Cash Funding provided directly by funded in part or In whole by the local government. the local government(s). These are often treated as a loan to be repaid with revenue. _-------__---- Dakota County Broadband Study Summary DRAFT: Do Not Distribute Funding Source Description Notes 21 Third party guarantees on Revenue Bond revenue bonds; if revenue Guarantors could be local or state governments. Guarantees fails to meet financial targets, Does not require a direct cash outlay. Guarantor bond guarantor makes debt must have a good credit rating. payments. New Markets Tax credits are sold to Project must meet eligibility requirements and Tax Credits investors,and funds are used typically takes a year to plan and to receive for the network. approval. State agencies may be Capital funds are usually small,but direct grants State Funds source of planning&capital from the legislature are possible. funds. Grants and loans of various Federal grant programs and funding tend to change Federal Funds kinds are often available from with changes in administration. Can take 1-2 years Federal agencies. for approval. Municipal Local governments can Can be used for funding specific(limited)projects, Leasing borrow money and pledge like fiber to a school system or government offices. the asset as collateral. Usually requires pledging network assets as Commercial Local banks are often willing collateral. Must be able to show a revenue stream Loans to assist with funding. to pay back the loan. Good for small,high priority network extensions with guaranteed customers. It depends on the corporate structure,but local A public/private partnership businesses and investors could become approach offers the shareholders or partners in the new telecom firm, Private Sector possibility of attracting a mix effectively vesting community control for the effort. Financing of private investors as well as Because most of the funds will be used to create some local government hard assets,it will be possible to attract Institutional financial support. Investors for larger amounts if a good business case is constructed. Citizens and local Grants and foundations will sometimes Local foundations may require tying funds to a Donations provide grants. specific purpose. Assess a small increase in the local sales tax to pay for Sales Tax construction,or use existing May require a voter referendum. sales tax revenues as a bond guarantee. Dakota County Broadband Study Summary DRAFT: Do Not Distribute Project Phases Development of an expanded I-Net and a follow-on C-Net would both require the same 22 set of activities,as illustrated in the diagram below. This report represents the Early Phase Planning as shown on the left. Decision • Early ',..:-- arly t ,* 3 point Ready Implementation j i!ilhu Network iihj�� O lions Nonnii`• z II::1 to move C Planning '? jii Construction 'iii C a 1 forward{ T CAsset Assessment) r Detailed Network l C Procurement ) r Service(Provider ' l Design J ` Management J (Pre-engineering Cosl Survey and Route I Construction ) Network Operations) Estimates l)J t Design J - 1 1 1 r I Network 1 ( Financial Pro orma (Route Engineering Installation& J ) Maintenance 1 Equipment■ Testing J 1 C Network Financial GIS and Mapping I Architecture ) Business \ Management I ( Development --I— Marketing and l C Mopping ) Business Planning ( Service Provider 1 Awareness 1 Attraction ) I \Management&1 I Business Operations I (Public Awareness I Administration Overview J &Marketing J (Recommendations) Phases of Broadband Planning and Project Implementation &Next Steps 0 2-3 Months ) O )D >0 ) 3.4 Months Variable Ongoing Dakota County Broadband Study Summary DRAFT Do Not Distribute Infrastructure Maps During the course of the project Design Nine worked with the county representatives and 23 representatives of the local municipalities to gain an understanding of the existing fiber assets already constructed in the region. Design Nine then created new fiber routes to"glue"together the existing municipal networks including an additional phase to create"laterals"and redundant rings to flush out the network to more locations and create the redundancy required in a carrier grade fiber optic network. Map: 5-Dakota-Basemap-20141030-Existing Networks and Assets N DESIGN NINE "'" °'" "�" m A w � ,n<,I mot.. o. r / . e ` I I ■ Sit+/ 7 I 1 MI M 1 , i IId..,dl ti 1...J 1 t 1 '0 l fl i Cl, I' IL - �. I f•r 111 , i n ' _ O-. Owner —Private Few —Curti Feu --onto« Sources:Esd,HERE.Nkomo,TanTan.Iidenn lawmen( —2"4"5' Uakul i C'uunly,MN-l xlstur I ihcr\rn ulk< al, USO3,FAO,NPS.NRCMI,OeoSase,ION.Nedasler NI.Orrin 14.411" Japan,MET.EuI China(Hong Kong).svdsslopo,Alapmytndle,OOp nSIcoEMap contributors.and the GIS User Community Dakota County Broadband Study Summary DRAFT: Do Not Distribute • Map: 7-Dakota-Basemap-20141030-Existing Network and Business/Residential 24 Clusters _DESIGN NINE a "'p „� ""' A r WM rook,N,pot," i' rp t `_..\ 4' , J L \ =,a i, t_;� hx,), �'1 .--, 4tp ., 4 t i i t ra .. ta'A' ..i .•. ._ ti i1 •, • e 4 1 ` ~ .....\ t tJJl� • �• 1 ! t–.,- ttY crrr v— ' 4 • f • II-•p . r,'!f4 ,6 � deM � � I, � +"rM�a +4, • i !r� * i•t ..-3,. I 1 6 , ' 011 41 t 0n tp• ! 40. a7' 1L:st.:4.64.--41...."7.... ' ,.. ` .r ..-- u1.,1 I i# p— Owner --Ponta Fiber County FAer Gty Fiber —School Fiber Intellber Address Point, Dakota County, MN-Fiber and Customers Sources:Eon,HERE,DeLorme,TomTom,Interm mm ap,inc ` Bushels Custos County, USGS,FAO,NPS,NRCAN,GeoBase,IGN,Kadaster h ResMentaI customers Japan,METI,Esri China(Hong Kong),swisstopo,Mapmylnd:a,4)OpenStreethfap contributors,end the GIS User Community Dakota County Broadband Study Summary DRAFT Do Not Distribute April 2, 2015 To: City—County Managers Broadband Joint Powers Agreement (JPA) Work Group From: Craig Ebeling and Lisa Alfson Re: Background Information for 04-09-15 Meeting At our last meeting on March 12, we covered a lot of ground. (See attached meeting notes)The most important consensus that we reached was that it makes sense to use the "agree-to-agree"two-step approach to working on the joint powers agreement (JPA). We are forging ahead on that basis.Towards that end we have prepared two documents for your review. • The first document is a flowchart that we hope helps to make the JPA agree-to-agree two-step process more clear. • The second document is a first draft of what a JPA might look like.As you can see we have taken great liberties in preparing it for discussion and it has a lot of"blanks" to be filled in. (This follows along our belief that it is more difficult for us to identify what we like than it is to identify what we don't like.) It uses the concepts of the Bay RICS agreement tailored to more closely fit our situation. We realize that it may have very little resemblance to our ultimate JPA but we felt that at least it would help to demonstrate the issues that we have to address. It does address the preliminary list that we worked on before to the extent that it can at this juncture. Additional language will probably be needed in the areas of cost and revenue sharing, right-of- way usage, and public relations and marketing. We also concluded that we would need professional help to derive the technical and other information that the potential members would need to make their ultimate decision at the end of Step 2-to become a member or to opt out. A more detailed inventory was felt to be a necessary part of the first steps. In the parlance of the Draft 1 JPA, this information would be incorporated into two documents— the "Systems Plan" and the "Systems Funding Plan". We hit on the idea of potentially adding on to the existing contract that Dakota County has with Elert to acquire most of the technical information needed for all members to make that decision (this will be the essence of the Systems Plan). A sub-committee of volunteers was formed to work on defining and refining the work scope for that work. Ian Hardie, Marc Gade,Tom Venables, Dan Cook, Dan Cater and Matt Smith agreed to work on the subcommittee. The subcommittee met with Elert and Associates on March 18 and March 31 to define and refine a work scope for the first work on the Systems Plan. There was a lot of good discussion about how the work should progress and what the ultimate deliverables should be. At the March 31 meeting the work scope was set.This RFP is also attached. Please note that for purposes of soliciting the proposal,the CDA is listed as the requesting agency.The CDA has NOT made any representations that it will sponsor this work but in order to move the RFP process forward some entity had to be the requester. Elert will have a proposal for review on April 3. We will be able to give you some preliminary thoughts on that proposal at our April 9 meeting. The technical subcommittee does however want to go through the proposal with Elert in detail before forwarding any recommendations to you. liPage The second important consensus that was reached at the March 12 meeting was that it would benefit all potential members if we could identify the gains that we have made because of the existing I-Net facilities that we have and the potential gains that we could make with an enhanced, amalgamated I- Net. Tom Venables is already working on a document of this nature that he will be sharing with his Council. Dave Asp is also preparing similar information. Craig agreed to compile the data from these two contributors along with any others who have suggestions into a document that we could use to convey a uniform message to our policy makers. We are working on that document at present and hope to bring along our first draft of that for your review on April 9. Craig also reported on a suggestion from Dan Cook and others that we invite LOGIS representatives to address our group with information about their network management services and for their long-term experiences in forming and operating a technically oriented JPA. LOGIS was contacted and is willing and interested in talking with the group. They were however unavailable for this April 9 meeting but assured us that if we meet in May,they ARE available. Matt Smith alerted us to Senate File 1101.This contains provisions that he believes would help to clarify government's ability to interact with private interests in the furtherance of broadband. The County Attorney's office believes that this would have value for local governments. Craig and Lisa forwarded information regarding the legislation to all potential JPA members. Matt is working with the County lobbyists to incorporate some improved language into the bill. So given the work that has progressed since our March meeting we propose that the tasks for April 9 be as follows: 1. Discussion on how to move forward with the formulation of the text of a JPA a. Is the attached JPA Draft 1 adequate for us to use as a starting point? b. If so, would we break into subcommittees to work on various sections?Or would we just determine to take a certain number of JPA-agreement sections at each meeting? c. Other approaches? 2. Additional update from the technical subcommittee. 3. Discussion on legal services-We really are at a point now where we need legal help in drafting the JPA a. Should we ask the County Attorney's office to work on this as they did for the Dakota Communications Center? b. Should we hire an independent attorney and have the members share the costs? If so what sort of cost sharing would we utilize? 4. Other discussion Attachments: Flow Chart—"Process for Consideration and Adoption of Broadband JPA" Joint Powers Agreement Draft 1 Request for Proposal—Revised 3-31-15 March 12 Meeting Notes 2IPage Next Meeting—Potential Items 1. Presentation from LOGIS 2. Discussion on JPA Draft 1 3. Discussion on Administrative Funding Plan 4. Discussion on Initial Membership Fees Wage , C 00 0 Lo vs CD CO w O a a ro c ' O 'O a a _ 0 LL U 'z — Y a s Y LL .0 v, r0 E 000 o 7 O_ G) C C = E a pp L', 0 N > no a c U Z c — ¢ m c m E C 1111*D CO • v,-O ad+C ? z ¢ - a ¢ ¢ a s Lc, E N Q ', n + +� a o N ¢ P. v v to a 0 o v ,,, a co -C a) Y ro n — a. c m c C r a 3 0 CO 0 r o 0. n o a a Y IIIIIIII 11 I Z E °° a a a •< 'CI "' -°O ac) Z ¢ o an o Y ,F, a U C -O O ,� _o y c a a 0 a C7 _c c a o_ o 0 v 3 E ° z n cv v N io v c v v ¢ ¢ If io a c a N o O ` o c W oY°n a ¢ E a> T O Q H z v o 0- n 5 L O ct E ° E a cc a a s.y a a - N C a) 2 co o ¢ .a O '0 m ro aa)) _a c 2 c —. x a m v 0 ,, w +-C U I O aE, a Iiijr At .47.cp c ,,, o r0 c a m ro n p c N E c ro a Y c ,n a sV 04 00 a N m `° vs w C C LL N C L a o : >, a 'O 7 (0 o_ C y v, X c.1 a L n 7 O_ >' a -O L v LL O 7 '6 w C a d E Q CL a ,, s E E Y E "O O) 'O n C) a is > m E E e° ,n m a a as a JOINT POWERS AGREEMENT TO ESTABLISH DAKOTA BROADBAND NETWORK AUTHORITY THIS JOINT POWERS AGREEMENT(this "Agreement"), dated for convenience of reference as of , is made among the public agencies that are the signatories to this Agreement. Each public agency executing this Agreement is referred to individually as a "Member," and collectively as "Members." This Agreement is made with reference to the following facts and circumstances: A. The Members wish to develop and establish a shared, consolidated broadband telecommunication system to be jointly owned and operated to the benefit of all members for gaining efficiencies in the operations of their governmental duties and responsibilities. B. The Members further wish to develop and utilize this system for other community anchor institutions including but not limited to public libraries, elementary, secondary and post- secondary schools, health care facilities and community centers. C. The Members further wish to advance the implementation of faster,more reliable and more cost effective broadband service for businesses and residents in the County and wish to utilize the shared consolidated system in partnership with private enterprise for these purposes. D. The Members wish to work cooperatively in developing these Systems for use within Dakota County and have determined that working in concert is in the county's and it's cities' public interest, as doing so would meet the goals articulated in paragraphs A and B above for participating public entities and agencies. E. The Members are committed to cooperatively addressing the challenges of sustaining and managing shared assets and projects specific to telecommunications, while looking for opportunities to enhance and increase the effectiveness and resiliency of existing and emerging technologies. F. The Members are committed to complying with all applicable Federal Communications Commission ("FCC") and other state and federal rules to. G. The Members have the authority to enter into this Agreement under the Minnesota Joint Powers Act—MS xxx.xxx ACCORDINGLY, in consideration of the recitals and mutual obligations of the Members as set forth below, the Members agree as follows: ARTICLE I-GENERAL PROVISIONS 1.01 Purpose This Agreement creates a local governmental entity to exercise the powers shared in common by its Members to engage in regional, cooperative planning and coordination of 1iPage governmental services, and to develop the Systems and other telecommunications system projects that promote more robust broadband implementation or are otherwise consistent with the goals of this Authority. The Members seek to create a structure and process to resolve technical and operational issues in the development, operation and management of such Systems; identify funding mechanisms for the Systems; and anticipate and address future advanced information and communications needs. Such purposes are to be accomplished, and the Members' common powers exercised, as set forth in this Agreement. 1.02 Creation of Authority. The Members hereby create a public entity to be known as the "Dakota Broadband Network Authority" (hereinafter referred to as the "Authority"). The Authority shall be a public entity separate and apart from the Members. The geographic jurisdiction of the Authority is all territory within Dakota County that includes the geographic boundaries of the Members, with the exception of the State of Minnesota; however, the Authority may undertake any action outside these geographic boundaries as is legal, necessary and incidental to accomplishing its purpose. 1.03 Eligibility for Membership; Membership. To be eligible to be a Member in the Authority, an agency or entity must meet the following requirements: (1)be a local government, as defined by the state statute; and(2)have jurisdiction in the County. (a) Initial Membership: Prior to and for a period of sixty days after the Effective Date (hereinafter the"Initial Membership Period"), an eligible public agency may become an initial Member of the Authority as follows: (1) delivering to the Authority's Secretary a duly approved and executed copy of this Agreement; and (2) paying the Initial Membership Fee as specified in Section 5.01(a). (b) Subsequent Membership: Eligible public agencies that seek membership after the expiration of the Initial Membership Period, may become Members of the Authority as follows: (1) delivering to the Authority's Secretary a duly approved and executed copy of this Agreement; (2)paying the Subsequent Membership Fee as specified in Section 5.01(b); (3) obtaining the express approval of the Authority's Board of Directors (the "Board") to become a Member; and(4) complying with any further requirements mandated by the Board. Admission of Members after the Initial Membership Period shall not require amendment to this Agreement. The Secretary shall keep a historical roster of Members and their dates of admission and withdrawal. 1.04 Initial Members Entitled to Appoint Directors. Each Appointing Authority identified in subsections 1 through 12 of Section 2.01 is entitled to appoint a Director to the Board only if the public agency which that body represents becomes a Member of the Authority within the Initial Membership Period. Appointing Authorities of public agencies identified in subsections 1 through 12 of Section 2.01 which become Members after the Initial Membership Period may be permitted to appoint Directors to sit on the Board only if such appointment authority is expressly approved by the Board. 1.05 Effective Date; Term. This Agreement shall become effective, and the Authority shall come into existence, on the date on which; (a) at least of the twelve public agencies representing the Appointing Authorities identified in Section 2.01 have fulfilled the requirements of Section 1.03(a) for Initial Membership; and(b) those Appointing Authorities have notified the Secretary of their appointment of a Director and Alternative Director(the "Effective Date"). The Secretary shall designate in writing the Effective Date, and provide written notice of the Effective Date to all Wage Members specified in Exhibits A through D. The failure of the Secretary to designate the Effective Date or provide written notice shall not invalidate this Agreement. The Agreement shall continue from the Effective Date until terminated as provided in Section 6.04. ARTICLE II -BOARD OF DIRECTORS. 2.01 Composition of the Board. The Authority shall be governed and administered by the Board,which shall consist of a maximum of twelve Directors selected by the following appointing authorities (each an "Appointing Authority" and, collectively,the"Appointing Authorities") in writing, as authorized pursuant to the terms of this Agreement: 1. The County Board of Dakota County, Minnesota; 2. The City Council of the City of Apple Valley Minnesota; 3. The City Council of the City of Burnsville, Minnesota; 4. The City Council of the City of Eagan, Minnesota; 5. The City Council of the City of Farmington, Minnesota; 6. The City Council of the City of Hastings, Minnesota; 7. The City Council of the City of Inver Grove Heights, Minnesota; 8. The City Council of the City of Lakeville,Minnesota; 9. The City Council of the City of Mendota Heights, Minnesota; 10. The City Council of the City of Rosemount,Minnesota; 11. The City Council of the City of South St. Paul, Minnesota; 12. The City Council of the City of West St. Paul, Minnesota 2.02 Appointment of Directors. (a) Except as provided in Section 1.04, each of the officials or bodies listed in subsections 1 through 12 in Section 2.01 above shall appoint one Director and one Alternate Director to the Board when the public agency that official or body represents becomes a Member. Such officials or bodies shall make reasonable efforts to make the appointments within fifteen days of the date when the agency that official or body represents becomes a Member. (b) The Appointing Authority shall promptly provide written notice to the Secretary of the appointment or removal of a Director or Alternate Director. Within seven days of the Secretary's receipt of such notice, the Secretary shall notify all Members of the current number of duly appointed Directors and provide such notice at the beginning of any Board Meeting. (c) At the time of appointment and for the duration of service, Directors and Alternate Directors shall be officers or employees of Members. (d) The term of office of each Director and Alternate Director shall be until a successor has been appointed. (e) An Alternate Director may act in his or her Director's absence and shall exercise all rights and privileges of a Director. (0 Each Director and each Alternate Director shall serve at the pleasure of the Appointing Authority and the Appointing Authority may remove the Director or Alternate Director at any time without notice or cause. (g) All Directors and Alternate Directors shall serve without compensation. The Board may authorize, through the bylaws, reimbursement of reasonable and necessary expenses incurred by Directors or Alternate Directors upon review of supporting documentation. (h) Each Appointing Authority shall authorize its Director and Alternate Director to take all actions necessary to conduct the business required by the Authority in a timely manner. 2.03 General Purpose of Board. The general purpose of the Board is to: 3IPage (a) Coordinate information and address the needs, requirements, and resources of Members regarding the development and operation of the Authority, to ensure the goals and objectives of the Systems are fulfilled; (b) Provide structure for administrative and fiscal oversight of the Authority; (c) Identify and pursue funding sources for the Authority and Systems approved by the Authority; (d) Set appropriate policies for the Authority and the Systems; (e) Educate Members on advanced technologies in communications and information systems that may help them do their work more efficiently and with cost savings; (f) Maximize the use of available resources; and (g) Oversee all advisory committee activities. 2.04 Specific Responsibilities of the Board. The specific responsibilities of the Board shall be as follows: (a) Approve contracts with commercial companies, contractors, or subcontractors or other entities regarding development, operation, maintenance and expansion of the Systems or other projects duly approved by the Authority; (b) Approve and revise as necessary an administrative funding plan(the"Administrative Funding Plan") for the Authority to operate and fulfill its obligations under this Agreement; (c) Specify the Subsequent Membership Fee and the Annual Membership Fee, per Section 5.01; (d) Approve and revise, as necessary, a plan defining the physical aspects of the systems(the "Systems Plan") and a plan for funding the creation of, and ongoing operation of the system (the "Systems Funding Plan") (e) Before the beginning of each Fiscal Year(as defined in Section 7.03), adopt an annual budget for the Authority; (f) Ensure strict accountability of all funds and reports of all receipts and disbursements; (g) Contract for, or employ,necessary and sufficient administrative,technical, support and other staff, consultants and contractors, and provide for necessary direction,management and oversight for all staff, consultants and contractors; (h) Adopt personnel rules and regulations if employing staff; (i) Adopt rules for procuring supplies, equipment and services; (j) Adopt rules for the disposal of surplus property; (k) Identify the needs and requirements of Members, as well as other subscribers of the Systems; (1) Establish Systems priorities; (m)Establish long-range plans for the Systems; (n) Establish procedures for Systems implementation, monitoring and maintenance; (o) Adopt and revise, as necessary, an appropriate and cost effective maintenance plan for the Systems; (p) Adopt and revise, as necessary, Systems operating policies and procedures, as well as technical and maintenance requirements; (q) Conduct and oversee System audits at intervals not to exceed three years; (r) Adopt bylaws, rules and regulations as necessary for the purposes of this Agreement; provided that nothing in the bylaws, rules and regulations shall conflict with this Agreement or state or federal law; (s) Establish fees for Members and Non-Members to access and use the Systems. The Board shall ensure that such fees for Members are less than fees for non-members of the Authority for comparable services; (t) Represent the Authority in external communications; and (u) Discharge other duties consistent with the purposes of this Agreement as appropriate or required by statute. 4IPage 2.05 Startup Responsibilities. The Authority shall have the duty to do the following within the timeframe specified below or, if no timeframe is specified,within a reasonable time not to exceed one year from the Effective Date: (a) To use its best efforts to establish within two months of the Effective Date advisory committee(s) in accordance with Section 3.09; (b) To use its best efforts to establish within of the Effective Date a website for posting agenda and other notices and information about the Authority and Board. (c) To use its best efforts to develop and adopt within of the Effective Date an Administrative Funding Plan for the Authority to operate and fulfill its obligations under this Agreement and specifically for completing the System Plan and System Funding Plans; (d) To use its best efforts to develop and adopt expeditiously, as described in Section 5.02, a Systems Plan and a Systems Funding Plan specifying means or formulae for funding the design, construction, operation, maintenance, expansion, and lifecycle replacement of any systems that further the purposes of this Authority. The Systems Plans must include but not be limited to a full discussion of the following: (i)the design, construction, operation,maintenance, expansion and lifecycle replacement costs of the elements of the Systems; (ii)identification of the specific network elements presently owned by the Members that will become part of the consolidated Systems including any restrictions on the utilization of these elements(it is envisioned that for the Authority and its Members to fully understand this issues a detailed in-depth inventory of all Member assets will need to be completed.); (iii)the terms under which these elements presently owned by Members will become part of the consolidated System; (iv) a valuation for all elements presently owned by Members which will become part of the consolidated System; (v)user fees for the Systems; and(vi) identification of additional funding sources, if necessary. (e) During the days following the Effective Date, to negotiate contracts with commercial companies, contractors, subcontractors, Members or other entities that specify the timing and sequencing of construction of the Systems consistent with the functional specifications, and other business terms related to the Systems, including but not limited to development, operation and maintenance of the Systems. In any agreement with a contractor or entity,the Authority may not bind or commit any Member to incur any financial obligation or provide any resources to the Systems (e.g., use of network elements over which the Member has control or ownership) or to participate in use of the Systems without that Member's written authorization. This Section 2.05(e) is subject to the restriction set forth in Section 5.02 prohibiting the Authority's approval of any agreement relating to any System until the Board has approved a Systems Plan and a Systems Funding Plan. (f) To contract for, hire or otherwise retain an Executive Director for the Authority,to administer the Authority. The Board shall specify in the bylaws or personnel rules the responsibilities, duties and authority of the Executive Director. (g) To use its best efforts to develop and adopt, within eighty days, bylaws and other governance documents for the Authority; (h) To secure administrative office space, equipment, and furnishings as necessary; (i) To encourage other governmental and quasi-governmental entities and agencies, including but not limited to the state and federal government, other neighboring counties, and school districts,to participate in the Systems; (j) To evaluate the need for, acquire and maintain insurance as deemed necessary by the Board to protect the interests of the Authority, the Members, and the public. 2.06 Meetings of the Board. (a) Regular Meetings. The Board shall approve a schedule for its regular meetings provided, 5IPage however,that the Board shall hold at least one regular meeting quarterly. The Board shall fix the date, hour and location of regular meetings by resolution and the Secretary shall transmit a copy of the resolution to each Member. (b) Special Meetings. Special meetings of the Board may be called by the Chair or as provided for in the bylaws. (c) Call, Notice and Conduct of Meetings. All meetings of the Board shall be noticed, held and conducted in accordance with the Minnesota Open Meetings Law (MS ). As soon as practicable, but no later than the time of posting, the Secretary shall provide a copy of the posted agenda to each Member, Director and Alternate Director. (d) First Meeting. The Board shall make reasonable efforts to convene its first meeting no later than fifteen days after the Effective Date. 2.07 Minutes. The Secretary shall prepare minutes of all Board meetings and as soon as practicable after each meeting, and shall make the draft minutes available to each Director,Alternate Director, the Members and other interested parties upon request. The Board shall approve the minutes at the next regularly scheduled meeting. 2.08 Voting; Weighted Voting. All voting power of the Authority shall reside in the Board,and shall be subject to the following terms and conditions: (a) Each Director shall have one vote; an Alternate Director may vote in place of, and only in the absence of, that Alternate Director's Director. (b) Each Director or Alternate Director(as applicable) must be physically present at a meeting to vote; no absentee ballot or proxy is permitted. (c) The Board is authorized to apply weighted voting methods for approval of items brought before the Board under certain conditions. Weighted voting will be the exception, rather than the norm for the Authority to conduct business. Board items that involve the annual operating and capital budget, cost and or revenue allocation formulae, Member fees, the incurrence of debt and other financial obligations that are non-recurring and significant in amount are subject to weighted voting. 2.09 Quorum; Votes A majority of the Directors duly appointed to the Board, as described in Section 2.02, as of any Board meeting date shall constitute a quorum of the Board for the transaction of business. For example, if ten Directors have been duly appointed to the Board on the date of its first meeting, a quorum is six or more Directors, and, if at a subsequent Board meeting date, twelve Directors have been duly appointed, a quorum is seven or more Directors. If there is less than a quorum present at a meeting no Board action can be taken and the Secretary may adjourn such meeting. The affirmative vote of at least a quorum is required to take any action by the Board. 2.10 No Personal Liability of Directors. No Director or Alternate Director shall be personally liable for any debts, obligations or liabilities of the Authority or on any bonds issued by the Authority,nor subject to any personal liability or accountability by reason of the Authority's incurrence of debts, obligations or liabilities or issuance of bonds. ARTICLE III—OFFICERS, EMPLOYEES AND ADVISORY COMMITTEES 3.01 Chairperson; Vice-Chairperson. Wage At the first regular meeting of the Board, the Board shall elect a Chairperson and Vice- Chairperson from among the Directors. The initial Chairperson and Vice-Chairperson shall serve until the end of the first Fiscal Year(as defined in Section 7.03 of this Agreement). Then, at the first regular meeting of each Fiscal Year, the Board shall elect a Chairperson and Vice- Chairperson to serve a one year term. If the Chairperson or Vice-Chairperson resigns from or is otherwise unable to perform the duties of the office, or his or her represented agency ceases to be a Member, then at the next regular meeting of the Board held after the vacancy or inability to serve occurs or as soon as practicable thereafter, the Board shall elect a new Chairperson or Vice-Chairperson, as applicable,to serve the balance of the term. The Chairperson, or the Chairperson's designee, shall sign all contracts and other agreements on behalf of the Authority, and the Chairperson shall perform such other duties as the Board may require. The Chairperson shall approve the agenda for all Board meetings, preside over Board meetings, and call special meetings of the Board outside of the regular meeting schedule. The Chairperson may establish committees of the Board in addition to the advisory committees specified in Section 3.09. If the position of Chairperson is vacant or the Chairperson is otherwise unable to serve, the Vice- Chairperson shall sign contracts or other agreements, and perform all of the Chairperson's duties until the Board elects a new Chairperson. 3.02 Treasurer. At its first meeting, the Board shall appoint a Treasurer of the Authority, which shall be the treasurer of one of its Members. The Board may change, by the Treasurer of the Authority by resolution. The Treasurer shall be the depository, shall have custody of the accounts, funds and money of the Authority from whatever source, and shall have the duties and obligations set forth herein. For grants awarded to Members or third parties for use with the Systems, the Treasurer will work with the Member or third party to put in place appropriate fiscal controls to meet any grant requirements. 3.03 Auditor. At its first meeting, the Board shall appoint an Auditor of the Authority who shall be of the same public agency as the Treasurer. The Board may change the Auditor of the Authority by resolution. The Auditor shall perform the functions of auditor for the Authority and shall have the duties and obligations set forth in state law. The Auditor shall make or cause an independent annual audit of the accounts and records of the Authority by a certified public accountant or public accountant, in compliance with generally accepted auditing standards. 3.04 Legal Counsel. At its first meeting, the Board shall retain legal counsel for the Authority. 3.05 Secretary to the Authority. At its first meeting, the Board shall appoint a Secretary to provide administrative support to the Authority. If this Agreement assigns duties to the Secretary and no Secretary has yet been appointed, the Dakota County Community Development Agency shall perform the duties of the Secretary until a Secretary has been appointed by the Board. The Board may change the Secretary of the Authority by resolution. The person serving as the Secretary shall not also serve as a Director. The Secretary shall maintain a current list of Members and contact information for notices under Section 7.01. 3.06 Bonding of Persons Having Access to Property. 7IPage The Board shall designate the public officer or officers or person or persons who have charge of, handle, or have access to any property of the Authority, and shall require such individuals to file an official bond in an amount fixed by the Board. 3.07 Executive Director; Other Employees. The Board shall appoint an Executive Director, who shall administer the Authority and report to the Board. The Board shall have the power by resolution to appoint and employ other officers, employees, consultants and independent contractors as may be necessary to carry-out the purpose of this Agreement. 3.08 Privileges and Immunities from Liability. All of the privileges and immunities from liability, applicable to the activities of officers, agents or employees of a public agency when performing their respective functions shall apply to the officers, agents or employees of the Authority to the same degree and extent while performing any of the functions and other duties of such officers, agents or employees under this Agreement. None of the officers, agents or employees directly employed by the Authority shall be deemed, by reason of their employment by the Authority, to be employed by the Members or subject to any of the requirements of the Members. 3.09 Advisory Committees. The Board shall establish advisory committees including a Technical Advisory Committee, the primary purpose of which will be to review and recommend to the Board policies and procedures related to Systems performance, maintenance and other technical issues, and which shall be established at the first Board meeting. The Board may establish additional advisory committees to meet the needs of the Authority. ARTICLE IV—POWERS 4.01 General Powers. The Authority shall have the powers common to the Members and that are necessary or convenient to accomplishing the purposes of this Agreement, subject to the restrictions set forth in Section 4.04. 4.02 Power to Incur Debt The Authority shall have the power,with a two-thirds super majority vote of all Directors,to incur debt as permitted state Law. 4.03 Specific Powers. The Authority is authorized, in its own name, to perform all acts necessary for the exercise of the foregoing powers, including,but not limited to, any or all of the following: (a) To make and enter into contracts, including but not limited to, agreements for the purpose of acquiring real and/or personal property, equipment, employment and professional services, and including agreements with Members; (b) To make and enter into contracts with wholesalers, subscribers, users, or resellers that desire to utilize the Systems for their broadband and other communications needs and entities that desire to utilize the Systems only for mutual or automatic aid; (c) To plan and conduct environmental review and other analyses in connection with its plans, and design buildings, facilities or communication improvements of any kind; (d) To acquire, construct, manage, maintain, or operate telecommunications systems or service and to provide the equipment necessary to deliver public services; (e) To acquire, construct, manage, maintain or operate any building,works or improvements; Wage (f) To acquire, hold, lease, or dispose of property,both real and personal; (g) To apply for and hold any required licenses or permits (h) To employ or engage contractors, agents, legal counsel, or employees; (i) To sue and be sued; (j) To apply for, receive and utilize grants and loans from federal, state or local governments or from any other available source in order to pursue the purposes of the Authority; (k) To accept donations; (1) To incur debts, liabilities and obligations,provided that no debt, liability or obligation of the Authority shall constitute a debt, liability or obligation of the individual Members; (m)To impose, levy, collect or cause to be collected, or to receive and use, communication impact or development fees on new residential, commercial, and industrial development, but only upon the express approval of the affected Member jurisdiction and as otherwise authorized by local, state, and federal law; (n) To invest any money that is not required for the immediate necessities of the Authority, as the Authority determines is advisable. (o) To carry on technical and other investigations of all kinds necessary to further the purposes of the Authority; and (p) To promulgate, adopt, and enforce any rules and regulations, as may be necessary and proper to implement and effectuate the terms, provisions, and purposes of this Agreement. 4.04 Restriction on Exercise of Powers. All common powers exercised by the Authority shall be exercised in a manner consistent with, and subject to, the restrictions and limitations upon each member by the State of Minnesota. 4.05 Limited Liability of the Authority. The debts, liabilities and obligations of the Authority shall be limited to the assets of the Authority and shall under no circumstances be the debts, liabilities and obligations of any of the Members. A Member may(but has no obligation to) separately contract for or assume responsibility in writing for specific debts, liabilities, or obligations of the Authority. In furtherance of this Section, the Authority shall indemnify the Members as provided in Section 7.16 below. ARTICLE V—CONTRIBUTIONS; ACCOUNTS AND REPORTS; FUNDS 5.01 Initial, Subsequent and Annual Membership Fees. The Authority may use the funds generated by fees charged to its Members to support administrative, legal, and other authorized costs incurred by the Authority. (a) Initial Membership Fee. To become a Member of the Authority within the Initial Membership Period, each eligible public agency shall pay an Initial Membership Fee as specified below i. Each public agency identified in subsections 1 through 12 in Section 2.01 shall pay an Initial Membership Fee to the Authority of as a condition of appointing its Director and Alternate Director. iii. Except as otherwise set forth above,public agencies eligible to become Members, but not specifically identified in subsections 1 through 12 in Section 2.01 shall pay an Initial Membership Fee to the Authority of as a condition of becoming Members. (b) Subsequent Membership Fee. Each eligible public agency applying to become a Member after the Initial Membership Period, whether or not identified in Section 2.01, shall pay a Subsequent Membership Fee as a condition to becoming a Member. The Board shall determine the amount of each Subsequent Membership Fee,but in no event shall it be 9IPage less than the Initial Membership Fee the public agency would have been required to pay to become a Member within the Initial Membership Period. (c) Annual Fee. Each Member shall pay an Annual Fee,by not later than of each Fiscal Year to maintain membership in the Authority. The Board shall set each Annual Fee in an amount not to exceed the Initial Membership Fee or Subsequent Membership Fee, as the case may be,paid by the respective Member. 5.02 Adoption of Systems Plan and Systems Funding Plan. (a) It is the duty of the Board to develop the Systems Plan and the Systems Funding Plan as specified in 2.04(d) and 2.05(d). The Board shall not approve any agreement for construction of or relating to any Systems until the Board has approved the Systems Plans. (b) Before the Board may consider adopting the Systems Plans, it shall distribute the proposed Systems Plans to the Members under Section 7.01. The proposed Systems Plans shall include information to allow Members to determine the Systems' capability, data speeds, functionality, features, cost, financing and the expected impacts on individual Members. The Board shall designate a period,which shall not be less than days, during which Members may provide comments to the Board regarding the proposed Systems Plans. After the comment period has expired, the Board may: (c) Adopt the Systems Plans as proposed; or i. Revise the Systems Plans to address some or all of the Member comments; ii. Reconsider the Systems Plans at a later date; or iii. Reject the Systems Plans. (d) The Board shall give notice to Members under Section 7.01 within five days of adoption of the Systems Plans (the actual date such notice is provided to members,the"Systems Plans Notice Date"). The notice shall include a copy of the adopted Systems Plans and the date by which Members may withdraw pursuant to Section 6.01(a). (e) If the Board decides to exercise its option under Section 5.02(b) (ii)to revise the Systems Plans to address Member comments and the Board adopts a revision that changes any Member's financial obligation from the previous version of the Systems Plans,the day time period specified in Section 6.01(a) for withdrawal from the Authority shall automatically be extended to days from the Systems Plans Notice Date. 5.03 Additional Contributions—Limitations on the Authority The Board may not require Members to provide any additional contributions to the Authority of any kind or nature whatsoever, for any purpose. Except as otherwise expressly set forth in this Agreement,the Board is not authorized to require Members to provide funds,resources, equipment or personnel in order to maintain membership in the Authority,maintain a Director's seat on the Board, and/or participate in the Systems. Members have the ability to provide additional contributions to the Authority,but only upon approval of their governing authorities. In addition, the Board shall not take any of the following actions without the express approval of the affected Member(s): (a) Require any Member to adopt any tax, assessment, fee or charge; (b) Require any Member to expend its resources, or utilize its property or equipment in a particular fashion, as part of a project or similar action taken by the Authority; and/or (c) Approve a project or similar action without taking into consideration whether that action would disproportionately and negatively impact any Member based on objective and quantifiable factors. However the provisions of this section shall not affect the ability of the Authority to charge user fees or other costs associated with a Member's use of the Systems. 5.04 Accounts and Reports. 10IPage The Treasurer shall establish and maintain such funds and accounts as may be required by good accounting practice. The books and records of the Authority in the hands of the Treasurer shall be open to inspection at all reasonable times by duly appointed representatives of the Members. The Treasurer,within 180 days after the close of each Fiscal Year, shall give a complete written report of all financial activities for such Fiscal Year to the Members. 5.05 Funds. The Treasurer shall receive,have custody of and/or disburse Authority funds in accordance with the laws applicable to public agencies and generally accepted accounting practices, and shall make the disbursements required by this Agreement in order to carry out any of the purposes of this Agreement. 5.06 Permits and Licenses It is the Authority's intent to operate a county wide consolidated telecommunications network. The Authority is authorized to take any and all actions required under state or federal law to acquire all necessary permits and licenses to fulfill its mission. 5.07 Operational and Technical Policies. The Authority must set forth operational and technical policies for appropriate usage of the Systems so that the Systems are operated in a manner that permits usage by all Members in a fair and reasonable manner. Such operation and technical policies shall be developed in conjunction with the Technical Advisory Committee and approved by the Board after review. 5.08 System Components The Systems will be comprised of components that may include fiber optic cables,hand holes, switches and routers and other necessary network elements. Members may provide System Components to the Authority through written agreements signed by both the Member and the Authority. Such agreements shall at a minimum specify the following with respect to the System Components being provided, if known: (a) detailed descriptions and locations; (b)possession and ownership; (c) operation,maintenance and upgrade requirements; (d)parameters regarding use of and access to the particular System Components; (e)provisions addressing the Member's removal or discontinued shared use of System Components from the Systems; and(f)provisions to excuse a loss of use of System Components through a change in circumstances that make it impossible or impracticable for a Member to continue to provide System Components previously used in the Systems. Any such agreement regarding Systems Components shall be consistent with the provisions of Section 6.01(d). 5.09 Non-Member Use of Systems. Public entities or agencies that are not Members of the Authority may use the Authority's Public Safety System on a usage fee basis as subscribers. Public entities,public agencies, community anchor institutions and other retail users may purchase service from the Authority's System from such System's wholesalers,resellers or other distribution channels approved by the Authority. The Board shall adopt rules and reasonable rates for this use of the Systems in a fair and nondiscriminatory manner. ARTICLE VI—WITHDRAWAL AND TERMINATION 6.01 Withdrawal by Members. Members may withdraw from the Authority as follows: (a) Within days of the Systems Plans Notice Date, as such period may be extended pursuant to the provisions in Section 5.02(d) ("Initial Withdrawal Period"), a Member shall submit written notice to the Chairperson and Secretary of its withdrawal from the Authority, which withdrawal notice shall be effective immediately. Such withdrawing Member will not incur any additional financial obligations as a result of membership in the Authority during 11IPage such Initial Withdrawal Period;provided,that the initial Annual Fee or any Annual Fee paid by such withdrawing Member prior to withdrawal will not be returned. (b) After the Initial Withdrawal Period, a Member that did not provide System Components (except end-user equipment) shall provide to the Chairperson and Secretary written notice of its withdrawal from the Authority which withdrawal notice shall be effective immediately; provided,that any Annual Fee already paid will not be returned to such withdrawing Member; (c) After the Initial Withdrawal Period, a Member that provided System Components shall provide to the Chairperson and Secretary twelve months advance written notice of its withdrawal from the Authority,which withdrawal shall be effective at the end of the notice period or earlier as permitted by the Board; provided,that any Annual Fee already paid will not be returned to such withdrawing Member. (d) If withdrawing under Section 6.01(c), a Member that provided System Components shall be required to pay a withdrawal payment. Such withdrawal payment shall be determined through a good faith negotiation between the withdrawing Member and the Authority, and shall be in an amount approved by the Board. The purpose of the withdrawal payment is to require the Member to cover the Authority's actual and direct expenses reasonably related to the withdrawal including,but not limited to, equipment relocation fees, leasing, and permit fees relating to System Components that the Member had dedicated to supporting the Systems, as well as related administrative costs and professional services fees. The withdrawing Member may mitigate this withdrawal payment by entering into an agreement for the Authority's continued use of the Member's assets, as described in Section 6.03. If the parties are unable to reach an agreement on the amount of the withdrawal payment,the parties shall mutually choose a neutral third party who shall be authorized to make such a determination and resolve the matter. (e) If a withdrawing Member is an Appointing Authority to the Board, such Member shall lose its appointing authority and seat on the Board as of the date such Member gives notice of its withdrawal. 6.02 Financial Liabilities of Withdrawing Members. Except as otherwise provided in Section 5.02: (a) A withdrawing Member shall remain liable for all fmancial liabilities incurred during its membership in the Authority; however, except for the Annual Fee required per Section 5.01(c)paid for the year in which the withdrawal notice is given,the Member shall not be liable for any new fmancial liabilities incurred after submitting written notice of its withdrawal, including but not limited to future Annual Fees. (b) The Authority and the withdrawing Member may negotiate a buy-out agreement for early termination of membership to retire any ongoing financial obligations the Member shares with the Authority. 6.03 Retention of Assets by Withdrawing Members. Any System Component(s)that a withdrawing Member provided to the Authority shall remain the sole asset of that Member unless the Member and the Authority otherwise agree. If requested by the Authority, a withdrawing Member shall consider options for the Authority's continued use of such Member's System Component(s). Acceptance of any option is at the sole discretion of the withdrawing Member. Also,the use by the Authority of the withdrawing Member's System Component(s) shall be terminated upon the effective date of withdrawal,unless otherwise agreed between the Authority and Member. 6.04 Termination of Authority; Disposition of Authority Assets. If at any point there are fewer than Directors on the Board,then the Board shall determine, at least once annually,whether the Authority is able to continue to fulfill its purpose and obligations required by this Agreement. In such a circumstance,the Board may recommend 12IPage termination of this Agreement and dissolution of the Authority to the Directors' respective public agencies. The Authority may be terminated by a two-thirds super-majority vote of Directors and upon written consent from their respective public agencies. Upon termination of this Agreement and dissolution of the Authority, and after payment of all obligations of the Authority,the Board shall distribute Authority assets, including real or personal property, in proportion to the contributions made by Members. The Board may sell or liquidate Authority property and shall distribute the proceeds thereof in proportion to the contributions made by Members. Any System Component(s)provided by a Member to the Authority shall remain the asset of that Member and shall not be subject to distribution under this section. ARTICLE VII—MISCELLANEOUS PROVISIONS 7.01 Notices. Any notice required or permitted to be made under this Agreement shall be in writing and shall be delivered in the manner prescribed in this Section 7.01 at the address set forth below such party's signature block to this Agreement. The parties may give notice by: (a) Personal delivery; (b) E-mail; (c) U.S. Mail, first class postage prepaid; (d) "Certified"U.S. mail,postage prepaid, return receipt requested; (e) Facsimile. At any time,by providing written notice to the Secretary, any party may change the place, facsimile number or e-mail for giving notice. All written notices or correspondence sent in the described manner will be deemed given to a party on whichever date occurs earliest: (a) The date of personal delivery; (b) The third business day following deposit in the U.S. mail,when sent by"first class"mail; (c) The date on which the party or its agent either signed the return receipt or refused to accept delivery, as noted on the return receipt or other U.S. Postal Service form,when sent by"certified"mail; or (d) Notices delivered by electronic mail shall be deemed received upon the sender's receipt of an acknowledgment from the intended recipient(such as by the "return receipt requested"function, as available,return electronic mail or other written acknowledgment of receipt); provided that, if such notice is not sent during normal business hours of the recipient, such notice shall be deemed to have been sent on the next business day of the recipient. 7.02 Amendment. This Agreement may be amended upon a two-thirds supermajority vote of the Members and a unanimous vote of the Board and execution of such amendment by each of the Members approving such amendment and each of the Members seated on the Board. However,this Agreement shall not be amended, modified or otherwise revised, changed or rescinded, if such action would: (a) Materially and adversely affect either the rating of bonds issued by the Authority, or bondholders holding such bonds; or (b) Limit or reduce the obligations of the Members to make, in the aggregate,payments which are for the benefit of the owners of the bonds. 7.03 Fiscal Year. The Authority's Fiscal Year shall be 7.04 Consents and Approvals. Any consents or approvals required under this Agreement shall not be unreasonably withheld. 13IPage 7.05 Incorporation of State Joint Powers Provisions The provisions the Minnesota Joint Powers Act(MS ), as it may be amended from time to time if any,which are required to be included in this Agreement, are incorporated into this Agreement by reference. 7.06 Enforcement of Authority. The Authority is authorized to take any or all legal or equitable actions, including,but not limited to, injunction and specific performance,necessary or permitted by law to enforce this Agreement. 7.07 Severability. If any one or more of the terms,provisions,promises, covenants, or conditions of this Agreement were,to any extent, adjudged invalid,unenforceable,void, or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms,provisions, promises, covenants, and conditions of this Agreement shall not be affected and shall be valid and enforceable to the fullest extent permitted by law. 7.08 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assignees of each Member. 7.09 Assignment. No Member shall assign any rights or obligations under this Agreement without the prior written consent of the Board. 7.10 Governing Law. This Agreement is made and will be performed in the State of Minnesota and as such Minnesota substantive and procedural law shall apply. 7.11 Headings. The section headings in this Agreement are for convenience only and are not to be construed as modifying or governing the language of this Agreement. 7.12 Counterparts. This Agreement may be executed in counterparts. 7.13 No Third Party Beneficiaries. This Agreement, including the obligations of the Authority described in this Agreement,is not intended to benefit any party other than the Authority and its Members, except as expressly provided otherwise in this Agreement. No agency that is not a signatory to this Agreement shall have any rights or causes of action against any party to this Agreement as a result of that party's performance or non-performance under this Agreement, except as expressly provided otherwise in this Agreement. 7.14 Filing of Notice of Agreement or Amendment. Within thirty days after the Effective Date of the Agreement or any amendment to the Agreement,the Secretary shall prepare and file notices as required law. 7.15 Conflict of Interest Code. The Board shall adopt a conflict of interest code as required by law. 7.16 Indemnification. The Authority shall defend, indemnify and hold harmless each Member(and each Member's 14IPage officers, agents, and employees, successors and assigns) from any and all liability,including,but not limited to, claims, losses, suits, injuries, damages, costs and expenses (including,without limitation, attorney's fees and consequential damages), of every kind, nature and description, (collectively, "Losses") directly or indirectly arising from or as a result of: (i)any accident, injury to or death of any person or loss or damage to property that may be directly or indirectly caused by the acts or omissions of the Authority or its officers, employees or agents; (ii)any act of the Authority or its agents, servants, employees or officers in the observation or performance of any of its responsibilities under this Agreement, or any failure by the Authority to perform any such responsibilities; and/or(iii) any actions or inactions of Members taken as a result of their membership in the Authority. Notwithstanding the foregoing,the Authority shall not be required to indemnify any Member against any Losses that are caused by the negligence or willful misconduct of such Member seeking indemnification or any of their respective officers, agents, employees, successors or assigns. 7.17 Dispute Resolution/Legal Proceedings. Disputes regarding the interpretation or application of any provision of this Agreement shall,to the extent reasonably feasible,be resolved through good faith negotiations between the Members and/or the Authority. 7.18 Non-Waiver. No waiver of the breach or default of any of the covenants, agreements, restrictions, or conditions of this Agreement shall be construed to be a waiver of any succeeding breach of the same or other covenants, agreements,restrictions, or conditions of this Agreement. No delay or failure in exercising any right,power or remedy in the event of breach or default of this agreement shall be construed as a waiver thereof, or acquiescence therein. 7.19 Complete Agreement. This Agreement constitutes the full and complete agreement of the parties with respect to the subject matter hereof. All prior negotiations and written and/or oral agreements between the parties with respect to the subject matter of this Agreement are merged into this Agreement. IN WITNESS WHEREOF, each Member has caused this Agreement to be duly approved, executed and delivered, as follows: 15IPage Request for Proposal — Revised 3-31-15 Dakota County Community Development Agency The Dakota County Community Development Agency on behalf of Dakota County and Its Cities (listed individually later in this document) seeks assistance in the acquisition of data necessary for the preparation of two documents related to the possible implementation of a county-wide, consolidated institutional network (I-Net) and the possible utilization of those amalgamated assets for economic development purposes, a commercial network (C-Net). This implementation will be via a joint powers agreement entity(JPA). The documents are generally described as follows: • A plan defining the physical aspects of the systems (the "Systems Plan"); and • A plan for funding the creation of, and ongoing operation of the system (the "Systems Funding Plan") The Systems Plans would include but not be limited to a full discussion of the following: (i)the design, construction, operation, maintenance, expansion and lifecycle replacement costs of the elements of the Systems; (ii) identification of the specific network elements presently owned by the Members that will become part of the consolidated Systems including any restrictions on the utilization of these elements; (iii)the terms under which these elements presently owned by Members will become part of the consolidated System; (iv) a valuation for all elements presently owned by Members which will become part of the consolidated System; (v) user fees for the Systems; and (vi) identification of additional funding sources, if necessary. It is envisioned that the Systems Plans will include sufficient information to allow Members to determine the Systems' capability, data speeds,functionality,features, cost, financing and the expected impacts on individual Members. The CDA envisions the work necessary for the formulation of these documents will involve multiple steps.The CDA plans to implement the steps in succession with separate authorizations, each step utilizing data from and building on the previous steps. THE PRESENT REQUEST RELATES ONLY TO PART 1 SERVICES.The other information included in this request is provided only to offer context as to how the Part 1 deliverables will be used. Part 2 and perhaps other work will be necessary for the final preparation of the Systems Plans. PART 1—Inventory, Design, Expansion A. Detailed inventory of all potential Member assets—deliverables relating to this work should be submitted in ArcView format. This data will later be supplemented and incorporated into Crescent Link fiber asset management software 1. Physical Inventory a. All fiber assets (lit or dark)from the entities that will be Members, including assets shared by the Members via existing agreements—for example the recently completed Dakota County—TIES project in the northeast part of the County b. All fiber assets from school districts, State of Minnesota c. To the extent possible assets presently being leased by the NDC4 cable commission from Comcast d. The physical inventory should include the number of strands in segments and hand-hole locations. e. Network equipment should be identified via the model number,the year purchased as well as ownership and management responsibility for the item. f. A replacement and/or depreciated value should be affixed to each inventoried element g. Portions of the existing fiber should be tested to verify usability. The exact amount will be determined after inventory. The proposal should include prices in increments to allow the CDA select a final amount for testing after inventory completion. 2. Logical Inventory a. All connections and interconnections should be investigated to understand the logical layout of the existing systems. As noted above this will involve a review of agreements and contracts associated with the system elements associated with the potential Members. b. For purposes of understanding the logical layout of the systems, users and usage of existing assets should be compiled. c. Operation and maintenance provisions for the various elements should be catalogued. d. Any revenue associated with current assets should be compiled as well B. System Composition/Additions/ Expansions Identification and Design 1. Identify and analyze which of the Members' existing network elements will be essential to include in the consolidated system to insure a viable I-Net and a carrier-class C-Net. 2. Identify and analyze system additions/expansions necessary to insure that the consolidated/shared I-Net core-ring is "carrier class" in quality 3. Identify and analyze system additions/expansions necessary to insure that the core-ring is viable for commercial usage to assist in economic development 4. Identify and analyze potential opportunistic system additions/expansions that would provide enhanced levels of redundancy and access at relatively modest costs S. Estimated costs for the above work should be compiled Part 2—Establishment of Maintenance, Management and User fees A. Estimation of operation and maintenance costs of consolidated I-Net and C-Net B. Identification of potential cost sharing/user fee concepts C. Identification of potential revenue sharing concepts D. Finalization of other terms relating to membership in the JPA Potential Joint Powers Agreement Members 1. Dakota County, Minnesota; 2. The City of Apple Valley Minnesota; 3. The City of Burnsville, Minnesota; 4. The City of Eagan, Minnesota; 5s;The City- ffamingt�nt—Minnesotakfd 6. The City of Hastings, Minnesota; 7. The City of Inver Grove Heights, Minnesota; 8. The City of Lakeville, Minnesota; 9. The City of Mendota Heights, Minnesota; 10.The City of Rosemount, Minnesota; 11.The City of South St. Paul, Minnesota; 12.The City of West St. Paul, Minnesota March 12,2015—Broadband Task Force Meeting Apple Valley City Hall Tom Lawell kicked off meeting. • Broadband JPA task force • Introductions o Tom Lawell-AV o Ian Hardie-SSP o Alan Nordquist- o Justin Miller-LV o Tom Venables-BV HS o Adam Kienberger- o Nathan Bang-AV o Dan Cook-EA FM o Matt Fulton-WSP o Dwight Johnson- o Allyn Kuennen-LV o Dianne Miller-EA RM o Dan Cater—DC o Charles Grawe- o Craig Ebeling- o David McKnight- AV CDA FM o Marc Gade-WSP o Lisa Alfson-CDA o Steve King-SSP o Matt Smith—DC o Kaili Braa—CDA Three Tasks from last meeting: 1—Talk to mayor managers; Craig and Lisa talked to mayor managers on Feb 20th—received nice welcome. The meeting outcome was that they did not want a part of it. They are interested,but not yearning for the committee. Validation of conclusion. 2-Synopses of other JPAs from around the county country; Looked at 15+other JPAs from around state/country since last meeting--No one has done quite what we're looking to do here. Introduced BayRICS example as the closest model to what we are trying to do. • This is a JPA made up of 6-8 large urban counties(San Francisco, Oakland,San Jose)— Interesting for us because it involved blending assets that were owned by different entities. More detail is in the memo from Craig. Validated a point from last meeting:is it possible to get us to a JPA that would include all the details that everyone would want? • The approach they used was "agree to agree". They paid a fee, and in doing so became a member. Created the system plan—which was later vetted. If any member said"I can't live with this", the JPA said"fine"—no one will be angry, etc. • That might be an approach to use here. 3-Ways of handling assets(revenues and cost distributions as well). Talking point two—start of discussion: Question to Group: Does that[the BayRICS"agree to agree"approach] make sense? • Tom Lawell(question)Craig's response: Membership—would need Governance. Would pay a fee. The money would be used to hire engineers and IT people—who put together a plan,and vetted the plan. (Like BayRICS Plan) • Mark McNeill—The DCC—how long did the governance piece of JPA take to get going? Concern re:JPA collapsing under its own weight.—Keep elected officials interested in this to keep it going. o Craig: In some ways this is more complicated that DCC b/c of assets. We are not ----- ---------- -------------- --- Wage • Early consensus(Matt Fulton/Dwight Johnson/Tom Venables/Steve King,etc.)that"agree to agree"concept is a good plan. Lots we do not know yet, but allows us to move forward as a group. o "Skin in the game" makes it harder to back out. o In presenting to city councils: 1) How do we craft a compelling argument around "we're not buying anything"for the money, but we're"buying into eventually buying something". o Steve King—Support"agree to agree"and incremental approach. (His example: Fire Department merger;took two years, but took relatively same approach. Did run transitional budgets for those years.) • Tom Venables—Noted that more education is necessary/key so that city councils know more on what it's all about. We thought they were educated, but newer council members weren't part of the early discussion and therefore don't understand and are hesitant to back it. Need to do more education surrounding the benefits. Revisit those topics to give council members better understanding. o Tom Lawell—Maybe this part of phase 1 allows us to do that. o Craig—Burnsville—was a clear delineation of those who knew what was going on,and newer members that were more reserved. There is a varying level of comfort. • The general response/consensus surrounding comment on those who have taken the Broadband issue before City Councils was that most have been updating councils on the results of the study and that councils are supportive of the project moving forward. • Matt Smith—In presenting information incrementally to the City Councils—question of"do you know enough to stay in?" makes sense. o I-Net itself makes sense for a lot of reasons.When it's built—would it make sense to be only a customer,or do you want to be an equity owner? Varying levels of participation? There may be different answers from different communities. Conversation towards valuation: • Craig—Cities will have to do an analysis(valuation)of what each community has to offer. Simplify as much as we can—what are those common things. • Tom Venables—Focus on the economic benefits of what we're doing. Clear examples of benefits of important. Hearing that Scott County has had good results. Clear examples of benefits of network and C-Net build-outs. What benefits is it going to bring is what City Councils will want to know. We need a consistent message for why an over-all Dakota County network is necessary. Conversation towards management/technical: • Ian—Need an IT standpoint to manage the fiber. Most cities aren't big enough to have the staff (or expertise)to do that. Need and expert on fiber. o Craig—i.e. Hosted Software—how much stress that puts on a network. • Dianne Miller—Existing infrastructure—that will be a challenge for the city of Eagan. Will be an element of"trust us". • Craig—We can take that as consensus and direction to work around some of that. There will need to be someone hired to work with every individual city. Would be a fairly simple board meeting scenario—what is the board going to look like? (Just for phase 1). • Lisa—We do have CDA money in budget for this project both for Craig's consulting time and CDA staff time. 2 ) Page • Design Nine—For consulting services could run up to$300-400k?(Estimate per Dan Cater) o More detailed design of the system. o More detailed arrangements for every member(to educate/influence city council). • Matt Smith—More detailed inventory of what each city has in place,what is the need (I-Net) in each community. At some point the question of: how do you value the assets in place? Existing contracts that may be important. —i.e.The county has agreements with the state. This is also part of phase 1 work? o Craig—Yes—enough work to get us to stage 2. Whatever it takes to resolve the questions that potential members have. Enough information so that every member knows how it will impact to make a decision on whether they are"in"or"can't accept that plan". Eventually—drawing plan for technical joint system. Next meeting—have Andrew come re: detailed design. • Dan—Design Nine was strong in design of Eagan's network. Familiar with east coast and Utah— different environment here that they may not understand how service providers work here vs. other markets. o Legal/technical—strong(I-Net—tremendous help) o Marketing/market knowledge—not as strong(C-Net—still need help with marketing that) • If we are going to promote to businesses, how are we going to do that better? • Craig-Would Elert be a better fit for this work? o Dan Cater-We just chose to go with Elert—to help with 2014 unfinished portfolio and 2015 portfolio including documentation in part to prepare for this. We know what we have for fiber generally, but we purchased tools to prepare for this(with Elert). They will have a ton of background on the amount of fiber that will be in the JPA. • Good from an engineering standpoint. • The marketing arm is still something that will need to be addressed. • Their experience is small projects that they've been involved in,but not marketing retail market. • Tom V.—Burnsville currently with Frontier. Bias on Frontier's part—marketing on their behalf first and then the city's behalf. They cover a portion of locate costs on annual basis. Haven't gotten much else out of it at this point. • Adam K—Elert had PR Consultant as part of their pitch. That may be a better solution as at some point. (Something that Elert brought forward on their own.) o Craig—Joint proposal from two companies? • Craig—Need a mini-RFP from Elert and Design Nine? We have a lot of machinery put together in our first RFP document—maybe need a committee from within the group for what we would need from step 1 to step 2. • Matt Fulton—We will need market down the road, but right now it's best to focus on the technical. Expand on the Elert contract? One company consistently looking at everything. Design Nine had indicated I-Net is going to be first—how do we work together? When we get to the C-Net—that's when the marketing side comes in. It's a good thing to know,but not necessarily relevant at this point. • Steve King—how do we move to integrated I-Net as step one,then how do we move into C-Net in phase two and three. • Tom V.—Services that are clear in definition. Have DCC that we're all connected to currently. It may be important to our elected officials to have shared goals. 3 1Page • Mark McNeill—i.e.Scott County getting fiber optic to connect cities first. Would be happy to talk to Gary Sheldon on how they moved past the I-Net phase. Getting the superhighway first. • Ian—what is going to be the role of the JPA? The manager of the fiber? Withholding assets? Make sense to designate as city proprietary—JPA to manage? o Craig—It would be a city by city decision, but JPA would influence those decisions. Is there enough interest in Elert to take competing proposals? What if we solicited proposals from Elert and Design Nine for next meeting—so that we know total costs to contend with. • Tom L—What is the scope of work we're putting out in the RFP? • Craig—We may need a subcommittee? • Elert already has a lot of fiber information from Eagan Burnsville,and Apple Valley due to previous/current contracts/consulting. o Craig—Maybe we negotiate a scope with Elert and work around their proposed compensation. o We don't have a legal entity here yet;can we have a contract extension paid for by this group to do an asset map? -A supplement to the existing contract. • Elert has already done a lot of the design work. —But would still need to do those areas that haven't been identified/worked with previously. —They know a lot about the county, but not everything. • Tom Lawell—"baby steps" how do we incrementally move forward. o Elert would have the technical piece of that—would Elert get involved with the agreements? • Eagan-Bringing in Elert to advise how we operate in a more structured way. Our JPAs are all different historically. The current contract is broad and vague— essentially to pull our"fiber act"together. Documentation so that we can continue to utilize GIS maps,etc. Crescent Link • Burnsville—Elert has been"Design Engineer and inspect" but not involved with the JPA creation.—Has also done a lot of work for area school districts,which are major networks within the county as well. • Craig—Proposed to talk with Elert about what we are looking to do and achieve,and how we move forward perhaps as an amendment to the Dakota County Contract. Once the scope is ironed out with Elert,then we will know what our challenges are in the"agree to agree". • Nathan Bang—looking to define the scope of work,and I am on board, but want to make sure that once they help us through that process,things change—not some static thing that is great at a specific point of time, but then needs to add and change—those things need to be reflected (master repository/ownership accounted for). o Craig—So, more than a report, but a tool that is updatable as we move forward. A tool to help value the assets on the network and will be added to the network. • Rural Dakota County is less expensive than suburban Dakota County,so something to reflect those changes would be nice. o Lisa—Is that something that Elert can do all of those components? • Craig—Elert should have a good sense of what it costs for all of those components. When it comes to governmental management structures,there are not many who know more than the people in this room. It's hard to have an expert on what JPA would work well for Dakota County. • Dan—Elert would be able to cost it all out, but not necessarily good at the valuation. 4 ) Page o Craig—We may need to know if they will need to supplement their team.—Would it be helpful to have a subcommittee—A few of the IT people could work with us in Meeting with Elert to define the scope. • Volunteers? • Tom Venables • Ian Hardie • Dan (from Eagan) • Dan Cater(Eagan) • Subcommittee will define a scope of work for Elert to price—if they need to supplement themselves then we would draft that in a document that our group would review. Would we be able to have the first part of our"agree to agree" document in place? Three Tiers(per Matt Smith): 1. Technical Engineering 2. Ownership Components 3. Economic Value Analysis Continued Conversation: • Tom—One of the findings out of the Design Nine report was that it is not sustainable. We need a dynamic model that is sustainable and can keep track of needs. o Connecting I-Net that gives redundancy so that we are not vulnerable. • Adam K-Star Tribune article—as this will continue to get attention;it's the same message from all of us. • Matt Fulton—One of the benefits is that we are changing the way we deliver public services. Delivery of finance systems or utility billing. All on one system—the technology is there to support it. Moving Forward—Monthly Meetings: Conversations for Next Meeting: 1. Joint uniform study on what we presently do on the institutional network and what we can do moving forward; 2. Price what we can do with Elert; 3. Presentation from LOGIS on network management(to learn what we can). Craig will also try to draft an agree-to-agree document. • Dianne—is agree to agree document a 2016 budget item? • Craig—could be a 2015 item yet, but certainly a 2016 number. NEXT MEETING: • 8:00 AM Thursday April 9;Apple Valley City Hall Post-Meeting Notes: • Re:Jim Hickle at meetings. • Matt Smith noted Senate file 1101 Subd. 2—Asking our lobbyists to support local units of government contract with public/private services to enhance/extend broadband service.— There is not a house companion. So far just appropriating more broadband grants. Denny McNamara—will not cost the state anything but will be helpful to us. 5IPage :"11-814111 City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 , www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Kevin Schorzman SUBJECT: 2016 TH-3 Project Concept Plans DATE: April 13,2015 INTRODUCTION In 2016,MnDOT will be doing a project on TH-3 from Ash Street north to 170th Street. This project has been discussed at both the February and March city council work sessions. The city has received concept plans for the portion of the project from Ash Street to Willow Street. DISCUSSION The attached concept plans show several changes to the current access configuration on TH-3. Staff will be meeting with MnDOT next week to discuss the concept plan and is requesting city council feedback on the proposed changes. The changes include: • Removal of the median crossover at Hickory Street • Removal of the median crossover at Larch Street • Removal of the median crossover at Walnut Street • Construction of a median crossover at Spruce Street • Removal of the Main Street access to TH-3 In addition to the access changes,the project includes the following work: • A 3.5 inch mill and overlay on TH-3 • A 2 inch mill and overlay on the east frontage road(8th Street) • A 1.5 inch mill and overlay on the west frontage road(8th Street) MnDOT is also proposing that following the completion of the project,the frontage roads would be formally released to the city. The city currently maintains the entire east frontage road, and several portions of the west frontage road. However, an agreement formalizing this arrangement does not exist. BUDGET IMPACT The project work discussed this evening would not have a budget impact. However there would be a slight increase in long-term maintenance costs due to the addition of the portions of the west frontage road that we do not currently maintain. ACTION REQUESTED Discussion and consensus related to the proposed work shown on the concept plans for TH-3. ATTACHMENTS: Type Description D Exhibit Preliminary Concept Plan-TH-3 7 1 V "Th\ •�� 4 iv( V �� Y N �►� 4� W I ° HICKORY ST \ \,0.4 ,,♦♦A • Lw `�' ip,, \ \ \ . .0 ' ,: IT; ,111 — c ,;,till ` `�1►4 t \I!'��►4 k N I >-, o 0 •Zii D 0 0 0.1 ' II" A. ' W . A '4 — Z gm P, -J 1 C) e 2 CA (s< 0 _ \ \ , i 1 4 _ 11 _ � 5 II* C3.. .L,___0 p • 1 � S 4.. 1- ,_: �♦ �; -I , i I. ' -=- - ∎ •i �� i 0 D a o►i * ,ti - 0 1 ; ►s � ' 4,$4 Ilk o cn CL* 7-j 4`74-1- or . 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N% :::: M ':',‘,s, E ): 03 -X (.6.5 p . 31 cc X721 � \►�4 le,�;I _ r-!:°30")... a 1:001 9/0Z4YM-5Z V3Sl/1311/031107d u6700-/y006/P/s4 /SuD/d/u6/saa/&0/006//F00/SOW'YNO/SI0010-1d °3m'N37/d • 00-117OZ6/P '3fNt/N 107d/ 02/137/ °. 10/d.LS10 Vo►R City of Farmington p ________'t430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 tsi'm f° www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Robin Hanson, Finance Director SUBJECT: Revised Fund Balance Policy DATE: April 13,2015 INTRODUCTION The city adopted a Fund/Cash Balance Policy in response to the Governmental Accounting Standards Board's (GASB) Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, on November 7, 2011. The GASB rule had recently been issued and governments were just beginning to interpret what the rule meant and adopt policies to comply. Now that the rule has been in place for several years and there is a deeper understanding of how to apply the rule, it is a good time to review and update the city's policy. DISCUSSION Attached you will fmd a document titled,Fund Balance Policy-Revised 20150413, for your review and consideration. This document is modeled after the City of Lakeville's policy,resulting in a simpler,more straight-forward policy which has been updated to include the funds the city currently maintains. A copy of the city's current policy is also attached, Current Fund Balance Policy 11-7-11. Since the two documents are markedly different, a red lined copy has not been included as the extensive mark-up was deemed to provide little benefit to the reviewer. Rather, comments have been added in the margins of the document to note those paragraphs that have had major changes. Finally, a copy of the draft Fund Balance Chart has also been included for your reference along with lines indicating the actual and proposed levels of the General Fund fund balance as a percentage of the 2015 budgeted expenditures. BUDGET IMPACT N/A. ACTION REQUESTED Discuss and ask questions regarding the revised proposed fund balance policy with the goal being to bring back a final document to the city council for approval at your April 20,2015 meeting. ATTACHMENTS: Type Description D Backup Material Fund Balance Policy -Revised 20150413 D Backup Material Current Fund Balance Policy 11-7-11 O Backup Material Draft Fund Balance Chart, 20141231 CITY OF FARMINGTON FUND BALANCE POLICY I. PURPOSE The purpose of this policy is to establish specific guidelines the City of Farmington will use to classify fund balances of the Governmental Funds into categories based primarily on the extent to which the City is bound to honor constraints on the specific purposes for which amounts in these funds can be spent. The policy only applies to governmental funds,not enterprise funds. The policy also establishes specific guidelines the City will use to maintain an adequate level of fund balance to provide for cash flow requirements and contingency needs. II. CLASSIFICATION OF FUND BALANCE Governmental Accounting Standards Board's (GASB) Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions defines the following fund balance classifications: 1. Nonspendable • This category includes fund balance that cannot be spent because it is either(i)not in spendable form or(ii)is legally or contractually required to be maintained intact. Examples include long-term receivables, inventories and prepaid amounts. 2. Restricted • Fund balance should be reported as restricted when constraints placed on those resources that are either(i) externally imposed by creditors, grantors, contributors, or laws or regulations of other governments or (ii) imposed by law through constitutional provisions or enabling legislation. 3. Committed • Fund balance that can only be used for specific purposes pursuant to constraints imposed by formal action of the government's highest level of decision-making authority (City Council). The committed amounts cannot be used for any other purpose unless the government removes or changes the specified use by taking the same type of action it employed to commit those amounts. • The City's highest level of decision making authority will annually or as deemed necessary commit specific revenue sources for specified purposes by resolution if they so choose. This formal action must occur prior to the end of the reporting period, however, the amount to be subject to the constraint, may be determined in the subsequent period. - 1 - II. CLASSIFICATION OF FUND BALANCE-CONTINUED 4. Assigned • Amounts that are constrained by the government's intent to use for specified purposes, but are neither restricted nor committed. Assigned fund balance in the General fund includes amounts that are intended to be used for specific purposes. • The City Council has delegated the authority to assign and remove assignments of fund balance amounts for specified purposes to the City Administrator, Finance Director or his/her designee. 5. Unassigned • Unassigned fund balance represents the residual classification for the General Fund. This is fund balance that has not been reported in any other classification. The General Fund is the only fund that can report a positive unassigned fund balance. A negative residual amount may not be reported as restricted, committed, or assigned fund balances. Other governmental funds would report deficit fund balances as unassigned. III. GOVERNMENTAL FUNDS 1. General Fund The General Fund is established to account for all revenues and expenditures which are not required to be accounted for in other funds. Revenue sources include property taxes, licenses, permits and fees, intergovernmental revenues, charges for services, fines and forfeitures, franchise fees, investment earnings, and transfers. The General Fund's resources finance a wide range of functions including general government administration, public safety, public works, parks and recreation and economic and community development. The General Fund may have a portion of its fund balance classified as nonspendable if there are long term receivables, inventories or prepaid items on the balance sheet. The City will endeavor to maintain an unrestricted (committed, assigned and unassigned) fund balance in the General Fund of an amount not less than 45% and not greater than 55% of the next year's budgeted expenditures of the General Fund. This will assist in maintaining an adequate level of fund balance to provide for cash flow requirements and contingency needs. -2- III. GOVERNMENTAL FUNDS-CONTINUED 2. Special Revenue Funds Special Revenue Funds are used to account for and report the proceeds of specific revenue sources that are restricted, committed or assigned to expenditures for specified purposes other than debt service or capital projects. Governmental Accounting Standards require that substantial inflows of revenues into a Special Revenue Fund be either restricted or committed in order for the fund to be considered a Special Revenue Fund. The City has the following Special Revenue Funds: i. Economic Development Fund —the fund balance may be both restricted and committed. Grant awards would be restricted by legal agreement. The remaining revenues are committed by the City Council for future economic development endeavors. ii. Tax Increment Financing Fund — the fund balance is considered restricted pursuant to state statute. iii. Police Donations & Forfeitures —the fund balance is restricted. Forfeitures are restricted in accordance with state statute and donations are restricted by the donor. iv. Park Improvement Fund—the fund balance is both restricted and committed by legal agreement and by the City Council. The developer agreements restrict the use of park dedication fees. Special assessment and other revenues are committed by the City Council for future park improvements. v. Ice Arena — the fund balance is considered committed. The revenues are committed by the City Council for operation and maintenance of the City's Ice Arena and other uses as authorized within budget. 3. Debt Service Funds Debt Service Funds account for the accumulation of resources for the payment of long- term debt principal and interest maturing in current and future years. All of the City's Debt Service fund balances are considered restricted pursuant to state statutes and their respective debt agreements. 4. Capital Project Funds Capital Project Funds account for financial resources that are being accumulated for current and future projects. The fund balances in the Capital Project Funds are appropriated to and therefore considered restricted or committed for these purposes: capital outlay expenditures, acquisition or construction of capital facilities, and other capital assets. Bond proceeds are considered restricted. -3 - III.GOVERNMENTAL FUNDS-CONTINUED i. Sanitary Sewer Trunk Fund—the fund balance is committed by City Council for current and future sanitary sewer trunk construction and improvement projects. ii. Cable Communications Fund —the fund balance may be both restricted and committed by City Council for current and future construction and improvement projects related to the provision of cable communications for public access. The P.E.G. (public, educational and governmental) fees would be restricted by legal agreement. Franchise fees would be committed by Council. iii. State Aid Construction (Road & Bridge) Fund — the fund balance is committed by City Council for future debt service payments on the related bonds. iv. Fire Capital Projects Fund—the fund balance is committed by City Council for current and future fire capital projects. v. Storm Water Trunk Fund—the fund balance is committed by City Council for current and future construction of storm water trunk infrastructure projects within the City. vi. Recreation Capital Projects Fund — the fund balance is committed by City Council for current and future construction of City owned recreation facilities. vii. Private Capital Projects Fund — the fund balance is committed by City Council to current and future development in the City. viii. Permanent Improvement Revolving Fund —the fund balance is committed by City Council for current and future street construction projects. ix. General Capital Equipment Fund —the fund balance is committed by City Council for current and future governmental fund's capital equipment needs. x. Maintenance Fund — the fund balance is restricted by legal agreement and committed by City Council for current and future seal coating, trail maintenance, building maintenance and street construction and improvement projects. Unspent bond proceeds are restricted. IV. PROCEDURES FOR AVAILABLE RESOURCES When both restricted and unrestricted resources are available for use, it is the City's policy to first use restricted resources,and then use unrestricted resources as they are needed. When unrestricted resources are available for use, it is the City's policy to use resources in the following order; 1.)committed 2.)assigned and 3.)unassigned. -4- V. STABILIZATION ARRANGEMENTS Stabilization arrangements are defined as formally setting aside amounts for use in emergency situations or when revenue shortages or budgetary imbalances arise. The City may set aside amounts by resolution as deemed necessary that can only be expended when certain specific circumstances exist. The resolution will identify and describe the specific circumstances under which a need for stabilization arises. The need for stabilization will only be utilized for situations that are not expected to occur routinely. Approved and Adopted Xxxxx xx,'xxxx,for retroactive implementation effective December 31,2014 -5 - City of Farmington Fund/Cash Balance Policies November 7, 2011 The purpose of the fund balance policies is to establish appropriate fund balance levels for each fund that is primarily supported by property tax revenues or user fees. These policies will ensure that adequate resources are available to meet cash flow needs for carrying out the regular operations of the City, as well as to meet the fund balance requirements identified in the City's Long Range financial Management Plan. The governmental funds that will be addressed in this policy are: General Fund, Parks & Recreation, Arena, Park Improvement, and all funds that are part of the fmancial plan adopted for the 2012 budget. The City Council authorizes the Finance Director and/or City Administrator to assign fund balance that reflects the City's intended use of those funds. When both restricted and unrestricted resources are available for use, it is the City's policy to first use restricted resources, and then use unrestricted resources as they are needed. When unrestricted resources are available for use, it is the City's policy to use resources in the following order; 1) committed 2) assigned 3) unassigned. These fund balance classifications apply only to Governmental Funds, not Enterprise Funds. I. General Fund The General Fund is established to account for all revenues and expenditures which are not required to be accounted for in other funds. Revenue sources include property taxes, license and permit fees, fines, service charges, intergovernmental revenues, investment interest earnings, and transfers. The General Fund's resources fmance a wide range of functions including the operations of general government, public safety, and public works. The City will strive to maintain an unassigned fund balance in the General Fund in the range of 25-50% of the subsequent year's budgeted expenditures. Since a significant source of revenue in the General Fund comes from property taxes, maintaining a fund balance that is equal to at least five months of operating expenditures ensures that sufficient resources are available to fund basic City functions between property tax settlements. This range is in conformance with guidance from the Office of the State Auditor (OSA). Amounts that exceed 50% may be transferred out to other funds. An assignment or restriction of fund balance may be used to offset revenues earned in one year where substantial services are required to be performed in the next fiscal period II. Parks & Recreation ;Fund no The Parks and Recreation Fund is a Special Revenue Fund that provides for both passive 'longer and active recreational activities throughout the community. It receives the majority of ,exists, its funding from roe taxes and user fees which fmance specific activities. These ■'moved to g property rtY p General (Fund. ' City of Farmington Fund Balance Policy Adopted 11-7-11 1 activities are separated into two divisions: Rambling River Center and Pool. Fees for programs within these divisions are reviewed each year to determine the appropriate amount of revenue to offset the costs and yet keep the program affordable for participants. In some cases,the fee charged is either more market driven or may be based on ability or willingness to pay, which will set the fees above or below the direct costs of running an individual program. The City will strive to maintain a fund balance in the Parks and Recreation Fund in the range of 10-25% of the subsequent year's budgeted expenditures. This lower percentage is deemed adequate since many of the program revenues are received earlier in the year than property tax settlements. Amounts that exceed 15% may be transferred out to other funds. III. Arena Fund The Ice Arena division provides recreational, instructional and competitive activities for figure skaters and hockey players. The City will strive to maintain a positive fund balance in this fund. IV. Park Improvement Fund The Park Improvement Fund pays for land, buildings, and infrastructure for the parks within the city. Park dedication fees make up the majority of the revenues for this fund. The City will strive to maintain a fund balance in the Park Improvement Fund in an amount sufficient to support the ongoing capital expenditures planned in the CIP and in congruence with the long range financial plan adopted for the 2012 budget. V. Street Capital Project Fund The Street Capital project fund (commonly referred to as the "Road and Bridge" fund, accounts for all past (prior to 2010) street construction projects. The fund balance in this fund will be utilized to complete projects started before 2010 and to pay the debt related to these projects. A plan is set up to pay for this through 2027. The City will strive to maintain the fund balance in the Street Capital Project Fund in an amount sufficient to support the ongoing planned expenditures (Per the "Road and Bridge" fund plan) and in congruence with the long range financial plan adopted for the 2012 budget. VI. Equipment Replacement Fund This Fund did not This fund is to account for capital equipment purchases. The City will strive to maintain exist.In 2014 the fund balance in the Equipment Replacement Fund in an amount sufficient to support Council created ' the ongoing capital expenditures planned in the CIP and in congruence with the long the General Capital Equip range fmancial plan adopted for the 2012 budget. � Fund. VII. Trail Maintenance Fund Not a separate fund, This fund is to account for maintenance of City trails. The City will strive to maintain the part of the fund balance in the Trail Maintenance Fund in an amount sufficient to support the i Maintenance Fund. k-ity of Farmington Fund Balance Policy Adopted 11-7-11 2 ongoing capital expenditures planned in the CIP and in congruence with the long range fmancial plan adopted for the 2012 budget. VIII. Park Redevelopment Fund These funds will be used to maintain and replace features within the existing parks such The City does not p g p Ihave a fund with as shelters, courts, and play equipment. The City will strive to maintain the fund balance this name,similar to in the Park Redevelopment Fund in an amount sufficient to support the ongoing capital Park Improvement expenditures planned in the CIP and in congruence with the long range fmancial plan ,Fund. adopted for the 2012 budget. IX. Seal Coating Fund Now called the This fund provides for the seal coating of City roadways on a 7-year cycle. The City will !Maintenance Fund. strive to maintain the fund balance in the Seal Coating Fund in an amount sufficient to support the ongoing capital expenditures planned in the CIP and in congruence with the long range financial plan adopted for the 2012 budget. X. Street Rehabilitation Fund The Street Rehabilitation Fund is used to account for the fmancing of street rehabilitation projects. Revenue sources are provided mainly through property taxes. Street projects This fund does not are programmed into the City's Capital Improvement Plan and are generally planned 'exist on its own,is years in advance. part of the Maintenance Fund. The City will strive to maintain the fund balance in the Street Rehabilitation Fund in an amount sufficient to support the ongoing capital expenditures planned in the CIP and in congruence with the long range fmancial plan adopted for the 2012 budget. XL Computer Replacement Fund This fund will provide for the necessary upgrades to both desktop computers used by This fund does not employees and servers and other equipment necessary to maintain our network. The City exist These costs ? will strive to maintain the fund balance in the Computer Replacement Fund in an amount are included in the IT internal service ; sufficient to support the ongoing capital expenditures planned in the CIP and in fund. congruence with the long range financial plan adopted for the 2012 budget. XII. Fire Equipment Replacement Fund This fund will provide for replacement of fire equipment such as air tanks and turnout This fund does gear. This funding is not intended to be used for the purchase of fire trucks or other not exist. vehicles as those are included in the equipment replacement plan. The City will strive to maintain the fund balance in the Fire Equipment Replacement Fund in an amount sufficient to support the ongoing capital expenditures planned in the CIP and in congruence with the long range fmancial plan adopted for the 2012 budget. XIII. Building Maintenance Fund City of Farmington Fund Balance Policy Adopted 11-7-11 3 This fund does not The intent of this fund is to set aside funds for building maintenance that will be exist as a separate necessary at all city-owned buildings. The City will strive to maintain the fund balance fund.These funds in the Building Maintenance Fund in an amount sufficient to support the ongoing capital are included in the 'Maintenance Fund. expenditures planned in the CIP and in congruence with the long range fmancial plan adopted for the 2012 budget. Fund Balance Classifications GASB 54 separates fund balance into five new categories. Under the old standards there were three categories: Reserved, Designated, and Undesignated. The new categories are more descriptive, and focus on how the City plans to use its resources. The City of Farmington will follow the GASB 54 fund classifications as shown in "Attachment A" which becomes part of this policy. A brief description of each of the new categories is listed below along with examples of each. Nonspendable fund balance- amounts that are not in a spendable form or are required to be maintained intact. Examples of nonspendable fund balance are inventory, long-term receivables, or land held for resale. These items cannot be spent without being converted to cash first. Restricted fund balance- amounts subject to externally enforceable legal restrictions. Examples of restricted fund balance are grant proceeds, bond proceeds, tax increments, park dedication fees, and other items that are required(by external entities)to be spent for a specific purpose. Committed fund balance- amounts that can be used only for the specific purposes determined by a formal action of the government's highest level of decision-making authority (City Council). Commitments may be changed or lifted only by the government taking the same formal action that imposed the constraint originally. An example of committed fund balance would be the City Council committing cable franchise fees for cable TV programming. Assigned fund balance- amounts a government intends to use for a specific purpose; intent can be expressed by the government body or by an official to which the governing body delegates the authority (City Administrator and/or Finance Director). An example of assigned fund balance would be the City's portion of a construction project where other funding was received with the requirement of a match. Unassigned fund balance- residual amounts that are available for any purpose in the general fund. This category can only be found in the general fund except in the case of a negative fund balance in other governmental funds. The negative fund balances in the Rambling River Center and the Arena would be unassigned. ATTACHMENT-A City of Farmington City of Farmington Fund Balance Policy Adopted 11-7-11 4 GASB 54 Implementation Fund Balance Classifications FYE 2011 Fund Category Committed/Assigned For: General Fund Prepaids Nonspendable Remainder Unassigned RRC Transfer Committed Recreation Programs SPECIAL REVENUE FUNDS Arena Inventory Nonspendable Program Revenue Committed Recreation Programs Charges for Services Committed Recreation Programs Remainder Assigned Recreation Programs Recreation Funds (RRC and Pool) Inventory Nonspendable Program Revenue Committed Recreation Programs Charges for Services Committed Recreation Programs Remainder Assigned Recreation Programs RRC Transfer Committed Recreation Programs Police Forfeitures Sale of Property Restricted Restricted for DUI Enforcement per MS609.5315 Remainder Assigned Law enforcement Development EDA Rental Income Assigned Redevelopment Efforts CDBG Funds Restricted Sale of Property Assigned Redevelopment Efforts Remainder Assigned Redevelopment Efforts Park Improvement Fund Property Taxes Assigned Development of Parks Contributions Restricted Development of Parks Park Dedication Fees Restricted Development of Parks Remainder Assigned Development of Parks TIF City Center District 2 Tax Increments Restricted City of Farmington Fund Balance Policy Adopted 11-7-11 5 Remainder Assigned Tax Increment Financing TIF Eagles District 13 Tax Increments Restricted Remainder Assigned Tax Increment Financing CAPITAL PROJECT FUNDS Capital Acquisition (Cable) Franchise Fees Committed Cable TV Programming Grants Restricted Capital Remainder Assigned Cable TV Programming Streets Capital Projects MSA Restricted Remainder Assigned Street Construction/Debt Private Capital Project Fund Dedicated Service Fees Assigned Engineering,Admin,Legal services Storm Water Trunk Fund Dedicated Fees Restricted Storm Water Remainder Restricted Storm Water Sanitary Sewer Trunk Fund Dedicated Fees Restricted Storm Water Special Assessments Restricted Storm Water Remainder Restricted Storm Water Permanent Improvement Revolving Special Assessments Restricted Capital Improvements benefiting individual property owners Remainder Assigned Capital Improvements benefiting individual property owners Restricted DEBT SERVICE FUNDS City of Farmington Fund Balance Policy Adopted 11-7-11 6 I E I I I I I I I 0 i I I I I a) V I� Y its LA a i-, c 0 QJ L n�x N -� O r O axi v N c2C u� a x O 0 CU CIO t T `_i LL = O o N vi •.. .- N O , C 0 12 v o p LL +, o l II N C O � m I l ■ Ou- v I IM a)iN r >t it! 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