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HomeMy WebLinkAbout9B - SMSC Police & Fire Agt CITY COUNCIL AGENDA REPORT August 6, 2001 9B Frank Boyles, City Manager AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING THE 2000-2004 POLICE AND FIRE SERVICES AGREEMENT WITH SHAKOPEE MDEWAKANTON SIOUX COMMUNITY (SMSC). DISCUSSION: History: In July 1993, the City and Shakopee Mdewakanton Sioux Community (SMSC) first entered into a written Police and Fire Services Agreement. The agreements have typically set forth the amount the Community agrees to contribute to the City for the first two years with a re-opener provision for establishing the contribution for the last two years. ISSUES: Current Circumstances: In March of 2000, we began discussions with the Community to establish a new agreement. One provision of the agreement has been in question. Paragraph 4C in the 1996/2000 agreement provides for the following: "The Community is aware that under certain circumstances (including but not limited to catastrophic events of natural origin and major criminal activity [or other similar extraordinary events] the fee schedule will be inadequate to fully reimburse the City for the City's response to the event. If such event were to occur, the Community hereby agrees to meet with the City and to negotiate in good faith to determine an amount adequate to fully reimburse the City for the cost 0(. the response [and aqrees to pay the City such amount in addition to the amounts herein specified]. " Under the provisions of this paragraph, I requested that the Community contribute an additional $48,000 (divided in half over two years) to reimburse the City for the /'2 year of time that Chris Olson devoted to the Brooks murder investigation and trial. The Community does not believe that this investigative activity meets the definition in the paragraph and has therefore rejected the request (although they have continued to pay quarterly payments since January 2000 as if the agreement were in effect). Two weeks ago, I met with Tribal Administrator Bill Rudnicki. Bill advised me that he could not authorize additional quarterly payments without a signed Police and Fire Agreement. He made it clear that while we could continue to negotiate the murder investigation and trial fee, that it was highly unlikely that we would be successful. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 I :\COUNCIL\AGNRPTS\200 1 \POLlCE&FIRE ~D,QCbpPORTUNITY EMPLOYER -...,- T Unless the Council wants me to continue my efforts to resolve this issue, the only other remaining option is to execute the agreement. The Council should be aware that in the new agreement, paragraph 4c (referenced above) deletes the provisions in brackets and underlined. The impact is to exclude extraordinary events as reimbursable and to eliminate any recitation of willingness to pay the City such additional amounts. ALTERNATIVES: (1) Adopt the attached Resolution authorizing the Mayor and City Manager to executes the Police and Fire Services agreement. (2) Take no action and direct staff as the Council deems appropriate. RECOMMENDED MOTION: Alternative (1). The City really has only this option. The Courts have found that the SMSC has no obli ation to pay for Police and Fire services rendered. REVIEWED BY: 1:\COUNCIL\AGNRPTS\2001\POLlCE&FIRE AGT.DOC RESOLUTION 01-XX 1 O~ ~ A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER IV N E S TO ENTER INTO AN AGREEMENT FOR POLICE AND FIRE SERVICES WITH THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY (SMSC) Motion By: Second By: WHEREAS, the City and SMSC have previously entered into a Police and Fire Service Agreement dated February 1996 and amended dated November 1997; and WHEREAS, the SMSC and City have determined to renegotiate various terms of the Agreement and that this Agreement shall replace any and all previous agreements for such services; and WHEREAS, the SMSC and City desire to maintain a strong and mutually supportive intergovernmental relationship whereby the City provides the SMSC police, fire and emergency response services to the best of its capabilities and as required by law and the SMSC assists the City in meeting the costs of such services. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA that: 1. The recitals set forth above are incorporated herein. 2. The City Council hereby authorizes the Mayor and City Manager to enter into the proposed Police and Fire Services Agreement. PASSED AND ADOPTED THIS 6TH DAY OF AUGUST, 2001. YES NO Mader Mader Ericson Ericson Gundlach Gundlach Petersen Petersen Zieska Zieska City Manager, City of Prior Lake 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER f POLICE AND FIRE PROTECTION SERVICE AGREEMENT BETWEEN THE SHAKOPEE MDEW AKANTON SIOUX COMMUNITY AND THE CITY OF PRIOR LAKE This Intergovernmental Police and Fire Protection Service Agreement is made this day of ,2000, by and between the Shakopee Mdewakanton Sioux (Dakota) Community, a sovereign Indian Tribe, federally recognized and organized under the Indian Reorganization Act of 1934, 25 D.S.C. S 476 (hereinafter "Community") and the City of Prior Lake, a municipal corporation in Scott County, Minnesota, (hereinafter "City"). WHEREAS, the Community and City entered into the Police and Fire Protection Service Agreement on July 30, 1993, which was executed on August 2, 1993; and WHEREAS, the Community and City entered into another Police and Fire Protection Service Agreement on February 20, 1996 with an addendum entered into on November 4,1997; and WHEREAS, the Community and City have determined to renegotiate various terms of the Agreement and that this Agreement shall replace any and all previous agreements between the two; and WHEREAS, the Community and City desire to maintain a strong and mutually supportive intergovernmental relationship whereby the City provides to the Community police, fire and emergency response services to the best of its capabilities and as required by law and the Community assists the City in meeting the costs of such services; and WHEREAS, the Community's General Council has authorized the Tribal Chairman to enter into a binding agreement witli the City whereby the City will provide to the Community police and fire protection services. Now Therefore, the parties hereto agree as follows: I. Continued Provision of Services. The City shall continue to provide police, fire, emergency response services to the Community at a level not less than that provided to the balance of the City's service area as required by law and for the full term of this Agreement. The parties agree that the City shall have the right to subcontract for the provision of services to the Community. The Community shall have the right to see any subcontract the City may have entered for the provision of services to the Community. Intergovernmental Police and Fire Service Agreement Page 2 2. Term and Termination. The term of this Agreement shall be four years. This Agreement may be terminated by either party within thirty (30) days of the provision of written notice to the other party. Upon termination of this Agreement, the Community shall pay to the City the balance outstanding for the services provided prior to termination. 3. Payment for Services. (a) Fee Amount for Years 2000 and 2001. The Community shall pay City a fixed fee of Three Hundred Thousand Dollars ($300,000) per year for the first year of the contract term and Three Hundred Twenty Thousand Dollars ($320,000) for the second year of the contract term. Fee distributions to the City shall be made in equal quarterly payments of $75,000 for the first year and $80,000 for the second year no later than fifteen days after the beginning of each new calendar quarter. Included in the fixed fee amount for the years 2000 and 2001 are all fees for police, fire and emergency response services and the "local share" (as defined by the federal grant guidelines) of the funding obligation designated for the COPS FAST program. (b) Fee Amount for Years 2002 and 2003. The fee amount for the Years 2002 and 2003 shall be determined no later than October 1, 2001. Included in the fee amount for years 2002 and 2003 shall be all fees for police, fire and emergency response services and the "local share" (as defined by the federal grant guidelines) of the funding obligation designated for the COPS FAST program. . 4. Conditions. Payment of fees by the Community to the City shall be subject to the following conditions: (a) For the purposes of this Agreement, an incident response shall be defined as the response by the City to one (1) call originating from a Community enterprise, Community patron or a Community member, whether the City responds with a single police officer and squad car, or with more than one officer and squad car, provided, the response occurs within the boundaries of the Shakopee Mdewakanton Sioux Reservation. In determining whether an event is an incident response, the parties agree to the following: - ( Intergovernmental Police and Fire Service Agreement Page 3 (i) Service Response to False Alarms. The City's police department shall respond to all enterprise and residential security alarms that are triggered and such responses shall be included as a incident response even though the triggered alarm may be the result of a false alarm or an alarm triggered for a reason other than an emergency requiring police service. (ii) Training: Exercises. When the City's police department provides robbery training exercises for the Community enterprises, such exercise shall be treated as one police incident response. (iii) Inter-departmental Assistance. Any assistance or service provided by the City's police department as a result of a request from any law enforcement agency or governmental agency other than the Community that requires the City's police department to travel to any Community location shall not be included as an incident response. (b) The City shall provide the Community written documentation of the number of incidents for which the City considers an incident response, which documentation shall include the time of day of response to the incident, the location of the incident, the number of units dispatched to the incident, the action taken by the responding units, and the time the units cleared the incident location. (c) The Community is aware that under certain circumstances, (including, but not limited to catastrophic events of natural origin and major criminal activity directed against the Community government or its enterprises) the fee schedule may be inadequate to fully reimburse the City for the City's response to the event. If such event were to occur, the Community will meet with the City and negotiate to determine an amount adequate to reimburse the City for the cost of the response. (d) All personnel responding to calls at the Community shall be fully qualified to undertake the response required of a person acting as a police officer, fire response person, or medical emergency response person, and shall be fully trained and licensed, when such licensure is required by the State of Minnesota. 5. Limitation On Ability of City to Respond. It is hereby understood and agreed to by the parties that in certain circumstances the ability of the City to respond to incidents within the Community service territory may be limited by road conditions, the involvement of the equipment and personnel and other incidents in the City or the townships to which the City is required to provide service, or by other circumstances beyond the control of the Intergovernmental Police and Fire Service Agreement Page 4 City. For the purposes of this Section 5, such failures shall be deemed involuntary. Such involuntary failure to respond shall not be deemed a violation of this Agreement. However, it is understood and agreed by the parties that such failure to respond shall be considered a violation of the terms and provisions of this Agreement if such failure to respond by the City is voluntary, and if it is determined that the failure to respond is voluntary, then the City shall not be exempt from liability to the Community. 6. Limitation On Liability of the City for Failure to Respond. The Community agrees that the City shall not be held liable to the Community for failure by the City's fire department or rescue team to respond to a call, or to arrive in time to prevent the destruction of property which might occur from failure to respond in a timely manner, provided that such failure to respond is involuntary as that term is defined in Section 5 of this Agreement. The Community hereby also agrees that the City shall not be held liable to the Community for any failure of the City's Police Department to respond to a call for service, provided that such failure to respond is not voluntary. However, the parties hereto hereby acknowledge that the Community cannot restrict the right of any individual member of the Community to bring suit for whatever reason, and further the parties agree that the Community does not indemnify the City from and hold the City harmless against any cause of action, suit, or proceeding which an individual member of the Community might bring against the City for failure to respond, or for any actions taken in association with a response by the City to an incident. 7. Sums Due From Insurance For Fire, Emergency, Medical or Rescue. The parties hereby agree that the City shall have a right to reimbursement from any insurance policies of any individual: government or enterprise for services provided to the Community where such insurance policies provide for reimbursement to the provider for the provision of emergency medical personnel, fire department service or rescue service, whether the service be provided to the policy holder or to a visitor to the home, business or governmental establishment, and the parties further agree that such reimbursement shall be subtracted from the total cost to the Community for emergency ambulance services, emergency medical personnel, fire department service or rescue service. Intergovernmental Police and Fire Service Agreement Page 5 8. Notice. Notice provided under this Agreement shall be in writing, signed by the officers signatory to this Agreement or their successors, and shall be sent by Certified Mail, Return Receipt Requested, to the Parties at the following Addresses: To the Community: Stanley R. Crooks, Chairman Shakopee Mdewakanton Sioux (Dakota) Community 2330 Sioux Trail N.W. Prior Lake, MN 55372 With a Copy to: Tribal Administrator Shakopee Mdewakanton Sioux (Dakota) Community 2330 Sioux Trail N.W. Prior Lake, MN 55372 To the City of Prior Lake: City Manager City of Prior Lake Prior Lake City Hall 4629 Dakota Street S.E. Prior Lak~, MN 55372 9. Authorization. The Community General Council authorized the Tribal Chairman to enter into a binding agreement with the City by passing General Council Resolution ll- l4-95-002. Intergovernmental Police and Fire Service Agreement Page 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. Shakopee Mdewakanton Sioux Community Approved as to form: By:_L~ ~~4-f-- Chairman Date ,^-,.:\lJ1=\ __ ~ Attorney for Community City of Prior Lake, Minnesota, Approved as to form: By: Mayor Date Legal Counsel By: City Manager Date T