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HomeMy WebLinkAbout4B - Civil Defense Sirens DATE: 4 B KEN SHERMAN, ENGINEERING TECHNICIAN IV CONSIDER APPROVAL OF AGREEMENT BETWEEN MDEWAKANTON DAKOTA COMMUNITY AND THE CITY OF PRIOR LAKE FOR INSTALLATION OF CIVIL DEFENSE SIRENS OCTOBER 2, 1995 AGENDA #: PREPARED BY: SUBJECT: INTRODUCTION: Bill Rudnicki, representing the Mdewakanton Dakota Community and City staff have drafted an agreement for the installation of two Civil Defense Sirens serving the Dakota Community. Council is asked to approve the agreement. BACKGROUND: On July 17, 1995, the Council awarded the bid for up to five Civil Defense Sirens. The contract for installation included alternates which would allow for the installation of either 3 or 5 sirens contingent upon the Community providing money for two sirens. The contract document provided a ninety (90) day waiting period, for the City and commUnity to determine if the two sirens would be constructed. DISCUSSION: Attached is the Civil Defense Siren Agreement between the Mdewakanton Dakota Community and Prior Lake. The three main points of the agreement are: 1. The City will receive a payment of $31,400 from the Community for the installation of sirens #2 and #4 at the time of the execution of the agreement. This amount does not cover the full cost of the two sirens serving the community which is $38,000. It is an appropriate contribution, however, recognizing that the sirens serve land area outside of the Dakota Community. 2. Power for siren #4, near the casino, will be provided for by the community while power for siren #2 at McKenna Road (not on Community land) will be provided by the City. 3. The City will retain ownership of the sirens and be responsible for maintaining them. 162@&~iloCreek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Staff has been holding the order for the two additional sirens until this time. Pending approval of the agreement, all five (5) sirens will be ordered. We anticipate completion of the sirens in the next 60 days to provide protection to the residents for next years tornado and violent weather season. ISSUES: The issues are; should Prior Lake assume maintenance responsibility for the sirens, and is the contribution to be received from the Dakota Community sufficient? With respect to the first issue, the staff believes that the City should maintain the sirens to assure the integrity of the entire network. The second issue of cost participation appears reasonable in light of the fact that the sirens serve areas outside of the Dakota Community and the fact that the Dakota Community will assume ongoing energy costs for the siren which is to be located on their property. AL TERNA TIVES: The alternatives are as follows: 1. Make a motion and second to approve the Civil Defense Siren Agreement as proposed or amended. 2. Deny approval of the agreement and order three sirens only. . 3. Table this agenda item for a specific reason. RFLUMMENDA1ION: Staff recommends alternative # 1. REVIEWED BY: il Defense Siren Agreement. ACIION REQUIRED: AGSIRENS.OOC CIVIL DEFENSE SIREN AGREEMENT This Agreement is entered into this day of , 1995 to allocate the responsibilities and authorities between the Shakopee Mdewakanton Sioux (Dakota) Community, a federally recognized Indian Tribe acting in its governmental capacity and the City of Prior Lake, a municipality organized pursuant to the laws of the State of Minnesota acting in its governmental capacity, for the construction and maintenance of Civil Defense Siren facilities to serve the Shakopee Mdewakanton Sioux (Dakota) Community's Reservation in the City of Prior Lake, Scott County, Minnesota, and provides as follows: WHEREAS, the Shakopee Mdewakanton Sioux (Dakota) Community (the "Community") and the City of Prior Lake (the "City"), have signed previous agreements and need one relating to the construction and maintenance of civil defense siren facilities to serve the Community's Reservation in the City of Prior Lake; and WHEREAS, the Community has the land for the civil defense sirens; and WHEREAS, the City needs to have an overall siren alert plan. NOW, THEREFORE, in order to ensure the future success of the government-to-government relationship which exists between the City of Prior Lake and the Community, and to ensure that those issues which are necessarily within the coverage of this Agreement are addressed, this Civil Defense Siren Construction and Maintenance Agreement for the North and South portion of the Reservation provides as follows: WITNESSETH: 1. Construction of Civil Defense Facilities. The Parties agree that two civil defense sirens (Facility) will be constructed to serve the Reservation and other residents of the City of Prior Lake. The Facility subject to the terms of this agreement shall be Civil Defense Sirens Number 2 and Number 4 as shown in Exhibit A. A. Plans and Specifications. Prior to the commencement of construction of the Facility, it shall be the obligation of the City to provide to the Community plans and specifications for the Facility, prepared by a registered professional engineer or other person agreed to by the Community. The facility shall be constructed in a manner that best protects the health, safety and well-being of any person; and otherwise in a workmanlike and professional manner so that the Facility shall operate as intended and in a safe manner. B. Necessary Approvals and Rights-of-Way. Prior to the commencement of construction of the Facility, the City shall obtain all necessary approvals and rights-of-way from persons and entities owning land or rights in land on which the Facility will be constructed. The g: \Iegal\law\siren. agr "--~------'--'"-'----~------~-------,.-' Community hereby grants to the City all rights-of-way to cross Community lands in the furtherance of the construction, maintenance and repair for replacement of the Facility. C. Cost. The Community shall pay to the City $31,400.00 at the time this agreement is executed to go towards the construction of the Facility. All other construction costs shall be paid by the City. D. As-Built Designs. Upon completion of the Facility, the City shall provide As- Built Designs to the Community, and shall retain a copy of the same in the records of the City. E. Ownership of the Facility. Upon completion of the Facility, the City shall own the Facility equipment. The City shall take no ownership interest in Community lands on which the Facility is located. II. Inspections. The City shall conduct periodic tests of the Facility and inspect as needed. The Community further grants to the City access to and over Community lands but only specifically for conducting necessary inspections of and maintenance for the Facility on the Community lands. III. Maintenance of the Facility. Responsibility for the maintenance of the Facility shall be allocated as follows: It shall be the responsibility of the City to provide inspection, maintenance and repair of the portions of the Facility on and outside of the Reservation, and to bear all costs of such activity. The level of services rendered by the City of Prior Lake to the Facility, including emergency call service, shall be the same as it renders to other similar civil defense facilities in the City provided that the City shall provide such maintenance to the Facility so that it functions properly and safely. The Community shall provide electrical power for that portion of the Facility located on Community lands; presently Siren Number 4 is proposed to be located on Community lands. The City shall provide electrical power for all other portions of the Facility. IV. 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 U. S. Mail, or personal delivery, to the Parties at the following addresses: To the Community: Tribal Administrator Shakopee Mdewakanton Sioux (Dakota) Community 2330 Sioux Trail, N.W. Prior Lake, MN 55372 g: \legal\1 aw\s iren. agr 2 To the City of Prior Lake: City Manager City of Prior Lake Prior Lake City Hall 16200 Eagle Creek Avenue Prior Lake, MN 55372 V. Hold Harmless and Indemnification. A. The City of Prior Lake and the Community mutually agree to indemnify and save one another harmless against and from any and all tort claims, liabilities, demands, actions, damages, costs and expenses, including reasonable attorneys' fees for the defense thereof, arising out of any act of the City, the Community or the respective employees with respect to the construction, maintenance and operation of the Facility to the extent permitted, and not to exceed the maximum liability authorized, pursuant to Minnesota Statutes, Section 466.01, et seq. VI. Jurisdiction. Nothing herein shall be deemed to affect the jurisdictional powers and immunities which the Community and the City enjoy under the laws of the Shakopee Mdewakanton Sioux (Dakota) Community, the laws of the United States of America, or of the State of Minnesota. VII. Successors and Assigns. The rights, privileges, and obligations of the Parties under this Agreement are intended to, and shall, remain in full force and effect and shall bind any successor agencies or entities to which the authorities and obligations of the Parties may be assigned by law. VIII. Effective Date. The Agreement shall be effective upon its execution. IX. Term of A~reement. This Agreement shall be effective in perpetuity unless amended by the parties hereto. X. Duplicate Originals. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. g:\lega1\law\s iren.agr 3 , .. XI. Sovereign Immunity. Nothing in this agreement shall contain or be construed to contain any waiver of the Shakopee Mdewakanton Sioux (Dakota) Community's sovereign immunity from suit. The businesses, officers, and employees of the Shakopee Mdewakanton Sioux (Dakota) Community are agents or employees of the Community and are entitled to all of the immunities from suit enjoyed by the Community, including, but not limited to, immunities from suit in Tribal, Federal and State courts. Signed: SHAKOPEE MDEW AKANTON SIOUX (DAKOTA) COMMUNITY, Approved as to form: By: Chairman Date CITY OF PRIOR LAKE, MINNESOTA Approved as to form: By: Mayor Date g: \legal\law\s iren. agr 4