Loading...
HomeMy WebLinkAbout5F Outdoor Emergency Warning Sirensrte. p � O � ti ` U ey \� 4646 Dakota Street SE Prior Lake. NM 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: September 19, 2011 AGENDA #: 5F PREPARED BY: Lt. Hofstad PRESENTED BY: Lt. Hofstad AGENDA ITEM: Consider Approval of a Resolution Authorizing the Mayor and City Manager to Execute a Memorandum of Understanding Between the County of Scott and the City of Prior Lake Regarding Outdoor Emergency Warning Sirens. DISCUSSION: Introduction The purpose of this agenda item is to receive City Council approval of a Memo- randum of Understanding (MOU) for grant money that Scott County has received and would like to pass on to the communities in Scott County. The grant money will be used to assist with the cost of upgrading the cities outdoor warning sirens. Hi story The Federal Communications Commission (FCC) has mandated that all Public Safety radios, Public Safety paging systems and Public Safety warning siren equipment currently operating at a wideband (25 kHz) are required to switch to a narrowband (12.5 kHz). The reasons given for the switch is because it will ensure more efficient use of the radio spectrum, relieve congestion, and result in increased availability for other radio systems. This change needs to occur by January 1, 2013. This mandated change directly affects Prior Lakes outdoor warning sirens radio systems. No other Public Safety radio equipment is affected. The Scott County Emergency Management Office applied for and received grant money from Minnesota Homeland Security Emergency Management. The purpose of the grant money is to assist communities in offsetting the costs associated with the repair or replacement of warning sirens. Prior Lake's total compensation under this agreement shall not exceed $12,609.75 or $840.65 per siren. This compensation is consistent with every other city in Scott County. The Mayor and City Manager are required to sign the agreement before the City is eligible for its portion of the grant money. Current Circumstances Prior Lake currently has fifteen outdoor warning sirens in our system with all of them needing to be upgraded. The sirens range in age from 1990 to 2007 and because of that, require different levels of upgrades to make them narrowband compatible. The older sirens cost more to update them that the newer ones. We have a current low bid of $28,400.00 to upgrade all fifteen sirens. Accepting the grant will reduce the City's costs to $15,790.25. These costs are included in the emergency management budget. It should be noted that all of the warning sirens in the City's system are activated by the Scott County Sheriff's Department through their dispatch office. Because of that, we have to time any upgrades we do with the upgrades they need to com- plete to their system. Agencies that do not meet the January 1, 2013 deadline face the loss of commu- nication capabilities. In addition to that, "Unauthorized wideband operation after this date in violation of the Commission's rules may subject licenses to enforce- ment action, including monetary forfeitures or license revocation ". Conclusion There is no question that the City needs to upgrade their outdoor warning sirens radio system to ensure that they continue to operate and be available when needed. Accepting this grant money will help offset the cost of those upgrades. ISSUES: Scott County has agreed to act as the lead fiscal agent for administering this grant. They do not intend to collect any administrative costs for this service. The County will be submitting the actual grant application, so each member City is re- quired to adopt a MOU specifically for the grant program. The County Board has already approved the MOU and their designees have signed the agreement. The City Attorney reviewed the original contract. This is the standard contract signed by all cities. FINANCIAL By approving and signing the MOU the City's cost of upgrading the outdoor warn - IMPACT: ing sirens will be reduced by $12,609.75. ALTERNATIVES: 1. Adopt a resolution approving a Memorandum of Understanding for receiving the grant money. 2. Deny the proposed resolution. 3. Other action as directed by the City Council. RECOMMENDED The staff recommends alternative #1. MOTION: 2 b� PRIG? hk �e U eri ' 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 11 -xxx A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH RESPECT TO RECEIPT OF A GRANT FOR WARNING SIREN UPGRADES Motion By: Second By: WHEREAS, The City needs to upgrade their outdoor warning sirens to ensure that they continue to work without interruption; and WHEREAS, Approving the Memorandum of Understanding will help defray the costs of the upgrades; and WHEREAS, A Memorandum of Understanding outlining the responsibilities of each entity is a required part of the application; and WHEREAS, The Memorandum of Understanding has been reviewed by the City Attorney. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Mayor and City Manager are authorized to execute the Memorandum of Understanding. PASSED AND ADOPTED THIS 19th DAY OF SEPTEMTER 2011. YES NO M ser M ser Erickson Erickson Hedberg Hedber Keeney Keene - Soukup Souku Frank Boyles, City Manager CADocuments and Settings\cgreenWy DocumentslSharePoint Drafts\Siren Grant Resolution.doc MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SCOTT AND CITY OF PRIOR LAKE THIS AGREEMENT, by and between the County of Scott, Minnesota, hereinafter referred to as "County," and the City of Prior Lake in the County of Scott hereinafter referred to as "City," RECITALS WHEREAS, All communities in Scott County have outdoor emergency warning sirens that are activated by the County dispatch center in the case of an emergency. WHEREAS, These warning sirens are required by the FCC to be re- banded to accept low frequency signals instead of high frequency signals. These requirements must be met or the warning sirens will not work. WHEREAS, County has received grant money from Minnesota Homeland Security Emergency Management to assist communities in offsetting the expense associated with the repair or replacement of warning sirens to meet the FCC requirement. WHEREAS, It is County's intent to pass this grant funding on to communities located in County. NOW THEREFORE, in consideration of the mutual undertakings and agreement contained herein, County and City hereby agree as follows: CITY DUTIES: City agrees to complete the following tasks during the term of the agreement: A. Reprogram existing outdoor warning sirens to meet FCC requirements. B. Provide County with documentation that each outdoor warning siren, for which grant fund payment is sought, meets FCC requirements TERMS OF PAYMENT A. Compensation City shall be compensated at a rate of $840.65 per conforming outdoor earning siren. Total compensation under this agreement shall not exceed $12,609.75. B. Payments shall be made within thirty (30) days after receipt of documentation as set out above and acceptance of such documentation by the authorized agent of the County. The authorized agent shall have the authority to review the documentation, and no payment shall be made without the approval of the authorized agent. CONDITION OF PAYMENT All work performed by City pursuant to this Agreement shall be performed to the satisfaction of the County, and in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. Payment shall be withheld for work found by the County to be unsatisfactory, or performed in violation of federal, state and local laws, ordinances, rules or regulations. Emergency Management MOU City of Prior Lake Page 2 of 5 All requests for payment must be received by December 31, 2012 in order to be eligible for payment by County. EFFECTIVE DATE OF AGREEMENT This. Agreement shall be effective July 1, 2011. TERM OF AGREEMENT This Agreement shall remain in effect until December 31, 2012, or until all obligations set forth in this Agreement have been satisfactorily fulfilled, whichever occurs earlier. AUTHORIZED AGENTS The parties shall appoint authorized agents for the purpose of administration of this Agreement. Authorized agents are as follows: Chris Weldon Emergency Management Director 301 Fuller Street South Shakopee, MN 55379 (952) 496 -8381 cweldon@co.scott.mn.us TERMINATION This Agreement may be terminated by either party, with or without cause, upon 30 (thirty) days written notice to the Authorized Agents of the other parties hereto. NOTICES Any notices to be given under this Agreement shall be given by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed to the authorized agents of the parties at the addresses stated herein. CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. SUCCESSORS AND ASSIGNS The parties hereto, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of this Agreement. No party shall assign, sublet, or transfer any interest in this Agreement without the prior written consent of the others. CHANGES The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. Emergency Management MOU City of Prior Lake Page 3 of 5 The execution of the change shall be authorized and signed in the same manner as for this Agreement. SEVERABILITY In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non - enforceability would cause the Agreement to fail its purpose. One or more waivers by either party of any provision, term, condition, or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. INDEMNIFICATION Tort claims or demands against City shall be governed by Minn. Stat. Sec. 466.01 et seq. By entering into this Agreement, County in no way takes or accepts any liability of City in regard to the re- branding, operation or use of its emergency sirens or system. County's sole role and purpose in this agreement is to secure grant funding from the State and provide it to communities in the County as set forth in such grant award. City shall save and protect, hold harmless, indemnify, and defend County, its commissioners, officers, agents, employees and volunteer workers against any and all liability, causes of action, claims, loss, damages or cost and expense arising from, allegedly arising from, or resulting directly or indirectly from any professional errors and omissions and /or negligent acts and omissions of City, its officers, officials, employees or contractors in the performance of this Agreement. WORKERS' COMPENSATION County and City shall each be responsible for injuries or death of its own employees to the extent required by law. County and City will maintain workers compensation insurance or self - insurance coverage covering its own employees. COUNTY AND STATE AUDIT Pursuant to Minn. Stat. Section 16C.05, Subd. 5 (2007), the books, records, documents, and accounting procedures and practices of City relative to this Agreement shall be subject to examination by the County and the State Auditor. Complete and accurate records of the work performed pursuant to this agreement shall be kept by City for a minim of six (6) years following termination of this Agreement for such auditing purposes. The retention period shall be automatically extended during the course of any administrative or judicial action involving the County of Scott regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed or until the authorized agent of the County notifies City in writing that the records need no longer be kept. DATA PRACTICES City, its agents, employees and any subcontractors of City in providing all services hereunder, agree to abide by the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minn. Rules promulgated pursuant to Ch. 13. The City agrees to indemnify and hold County, its officers, department heads and employees harmless from any claims resulting from the City's unlawful disclosure, non - disclosure, or use of data protected under state and federal laws. Emergency Management MOU City of Prior Lake Page 4 of 5 ENTIRE AGREEMENT It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between County and City relating to the subject matter hereof. Emergency Management MOU City of Prior Lake Page 5 of 5 IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. SCOTT COU by heft , Co Administrator Date: Attest: _ Date: CITY OF PRIOR LAKE by: Mayor Date: City Administrator Date: