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HomeMy WebLinkAbout4I - Police & Fire Agreement STAFF AGENDA REPORT DATE: ~ 41 r{\\ FRANK BOYLES, CITY MANAG~R^ ~ CONSIDER APPROVAL OF RE LUTION 96-15 APPROVING 1996-1999 POL E AND FIRE AGREEMENT WITH THE MDEWAKANTON DAKOTA COMMUNITY FEBRUARY 20, 1996 AGENDA #: PREPARED BY: SUBJECT: BACKGROUND: As the Council is aware, the City has been negotiating with the Dakota Community for a revised Police and Fire Agreement. The impetus for these negotiations is the substantial increase in the police and fire associated costs caused by the current formula and increased activity levels associated with Dakota businesses. Negotiations have taken place and an agreement has been drafted which we believe addresses the Dakota Community's concerns. A resolution is attached which would approve the revised four year agreement. DISCUSSION: The Dakota Community's initial position regarding the Police and Fire Agreement was to have a two year fixed fee formula of $240,000 for each year, 1996 and 1997. This fee would reimburse the City for all costs associated with police, fire and emergency rescue services provided by the City. The City's position from the start has been a concern that a fixed fee will eliminate the current incentive of the per incident formula in controlling the number of calls. Without this financial incentive it is possible that the number of calls will increase precipitously, especially considering potential activity levels associated with the hotel. In response to these concerns the agreement has been modified to provide for the following: 1. The Agreement is for four years. 2. The Agreement is binding on both parties. AGN0205E.DOC 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 3. A flat rate of $240,000 is paid quarterly for calendar year 1996 and 1997. Included within those flat rates is the local share of the Cops Fast program. 4. For the second two years of the contract (1998 and 1999) the City would negotiate with the Dakota Community to achieve a reasonable compensation. 5. The Dakota Community would pay for the local share of the Cops Fast Program for 1998 and 1999 outside of the negotiated annual fee ($34,600 in 1998 and $60,000 in 1999). 6. A general provision is included in the contract which provides that if a catastrophe occurs requiring substantial amounts of police time then the community will reimburse the City for costs associated with such catastrophes which have been documented to their satisfaction. The agreement has a 30 day out clause for either party. ISSUES: The proposed agreement is not without risk. It is possible that during the first or second year of the contract calls could escalate dramatically. Bill Rudnicki has already suggested quarterly meetings to monitor total calls. We will continue to monitor total calls through the police and fire departments as well. ALTERNATIVES: 1. Approve Resolution 96-15 approving a new four year Police and Fire Agreement between the City of Prior Lake and Dakota Community and authorizing the Mayor and City Manager to execute the same. 2. Direct the staff to reinitiate negotiations in an effort to revise the agreement as the Council sees appropriate. RECOMMENDATION: Alternative #1. ACTION REQUIRED: Motion and second as part of the Consent Agenda to adopt Resolution 96-15 approving a revised Police and Fire Agreement for the years 1996 through 1999 between the City of Prior Lake and the Mdewakanton Dakota Community. Attachment AGN020SE.DOC RESOLUTION 96-15 RESOLUTION APPROVING A POLICE AND FIRE AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND THE MDEW AKANTON DAKOTA COMMUNITY FOR 1996 THROUGH 1999. MOTION BY: SECOND BY: WHEREAS, The City Manager has recommended the approval of a revised Police and Fire Agreement between the City of Prior Lake and the Dakota Community for the period January 1, 1996 through December 31, 1999; and WHEREAS, The Dakota Community has voluntarily agreed to work cooperatively with the City for the term of the Agreement to control the number of calls for police and fire service. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that it should and hereby does approve a 1996 through 1999 Police and Fire Agreement dated February 13, 1996 and hereby authorize the Mayor and City Manager to execute said agreement on behalf of the City of Prior Lake. Passed and adopted this 20th day of February, 1996. YES NO Andren Greenfield Kedrowski Mader Schenck Andren Greenfield Kedrowski Mader Schenck { Seal} City Manager City of Prior Lake RES96IS.DOC 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER F e b. 1 4. 1 9 9 6 8 : 5 7 AM SMSC No, 7280 p, 2/6 POLICE AND FIRE PROTECTION SERVICE AGREEMENT BETWEEN THE SHAKO PEE MDEW AKANTON SIOUX COMMUNITY AND THE CITY OF PRIOR LAKE ~his Intergovernmental Police and Fire Protection Service Agreement is made this \3+ day of February, 1996, 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 U.S.C. ~ 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 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 with the City whereby the City will provide to the Community police and fire protection services. Now Therefore, the parties hereto agree as follows: 1. Continued Provision of Services. The City shall continue to provide police, fire, emergency response services to the Conununity at a level not less than that provided to the balance of its 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. 2. Ierm 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. Pavment for Services. (a) Fee Amount for Years 1996 and 1991. The Community shall pay City a fixed fee of Two Hundred Forty Thousand Dollars ($240,000) per year for the F e b. 1 4. 1 9 9 6 8 : 5 7 AM SMSC No. 7280 P. 3/6 Inte,gove,nmentIJl Police and Fire Service Ag,eement Page 2 first two years of the contract tenn. Fee distributions to the City shall be made in equal quarterly payments of $60,000 no later than fifteen days after the beginning of each new calendar quarter. Included in the fixed fee amount for the yeats 1996 and 1997 are all fees for police, flIe and emergency response services and the "local sharell (as defined by the federal grant guidelines) of the funding obligation designated for the COPS FAST program. (b) Fee Amount for Years 1998 and 1999. The fee amount for the Years 1998 and 1999 shall be negotiated in good faith by the parties, which negotiations shall begin on November 1, 1997 and shall conclude no later than December 31, 1997. Included in the negotiated fee amount for years 1998 and 1999 shall be all fees for police, flIe and emergency response services. The "local share" (as defmed by the federal grant guidelines) of the funding obligation designated for the COPS FAST program shall be paid separate and in addition to tbe negotiated fee amount. 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 business, 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: (i) Service Res~onse to False Alarms. The City's police department shall respond to all business 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 City1s police department provides robbery training exercises for the Community enterprises, such exercise shall be treated as one police incident response. (iii) Inter-denartmental 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 Cityls police department to travel to any Community location shall not ~"""",,"_'~m~'_'''''__.__''''<~.''.''''~''"'''"' ,..~-~ Feb. 14. 1996 8 : 57 AM SMSC No. 7280 P. 4/6 Intergovernmental Police and Fire Service Agreement Page 3 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 docwnentation shall include the time of day of response to the incident, the location of the incident, the number of units dispatched to the inciden~ 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 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 of the response, and agrees to pay the City such amount in addition to the amounts herein specified. (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, rITe 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 Citv 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 City. F or 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 Citv for Failure to ResDond. 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 Conununity 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. F e b. 14. 1 9 9 6 8 : 5 8 AM SMSC No. 7280 P. 5/6 Intergovernmental Police and Fire Service Agreement Page 4 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 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 InKurance For Fire. Emerrencv. Medical or R.escue. The parties hereby agree that the City shall have a right to reimbursement from any insurance policies of any indi"idual~ government or business for services provided to the Community where such policies provide for reimblltSement to the provider for the provision of emergency medical personnel, fire department service or rescue selVice, 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, frre department service or rescue service. 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, Chainnan Shakopee Mdewakanton Sioux (Dakota) Conununity 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, l\4N 55372 To the City of Prior Lake: City Manager City of Prior Lake Prior Lake City Hall 4629 Dakota. Street S.E. Prior Lake, MN 55372 F e b. 1 4. 1 9 9 6 8 : 5 8 AM SMSC No. 7280 P. 6/6 Intergovernmental Police Ilnd Fire Service Agreement Page 5 9. Authorization. The Community General Council authorized the Tribal Chairman to enter into a binding agreement with the City by passing General Council Resolution 11-14-95- 002. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed. Shakopec Mdewakanton Sioux Community Approved as to fonn: BY;~1,e~ Chairman ' 2-1'3-9b Date l;..tlm-.A-~ Attorney for Community City of Prior Lake, Minnesota, Approved as to form: By: Mayor Date Legal Counsel By~ City Manager Date