HomeMy WebLinkAbout10B - Aid Agreement w/SMSC
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
ISSUES:
FINANCIAL
IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
CITY COUNCIL AGENDA REPORT
December 19, 2005
10B
Frank Boyles, City Manager
CONSIDER APPROVAL OF A RESOLUTION APPROVING A LOCAL
GOVERNMENT AID AGREEMENT WITH THE SHAKOPEE
MDEWAKANTON SIOUX COMMUNITY (SMSC) AND THE CITY OF PRIOR
LAKE
I ntrod uction
The purpose of this agenda item is to have the City Council determine whether
or not to enter into a local government aid agreement with the SMSC.
History
The City of Prior Lake and the SMSC have an extensive and long-lived history
of cooperation. For more than thirteen years, the SMSC have provided annual
payments to the City of Prior Lake. The annual payments are not mandated
by any law. In fact, the payments predate agreements and, in other cases,
were regularly rendered even after the expiration of agreements.
Current Circumstances
Tribal Administrator Bill Rudnicki has submitted the attached local government
aid agreement for City consideration. It is identical to the previous agreement
between the City and SMSC except that it refers to local government aid rather
than police and fire services.
The agreement covers four years, 2004 through 2007. In doing so, it
formalizes payments made in the years 2004 and 2005. It also specifies
payments in the amount of $360,000 to be made each year in 2006 and 2007.;
This agreement formalizes the actions which the two parties have followed for
numerous years. It does not oblige any party to more or less than previous
agreements.
The agreement provides for $360,000 each year which is used to support our
police and fire department's budgets in the 2006 and 2007 budgets.
1. Adopt a resolution authorizing execution of the local government aid
agreement with the SMSC.
2. Take no action.
Alternative #1.
www.cityofpriorlake.com
;Pf15Pi(!'952:447i.4iZ3tY 'I('F~l952.44 7.4245
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION OS-xx
Motion By:
Second By:
WHEREAS, The City of Prior Lake and SMSC have a long-standing tradition of cooperation; and
WHEREAS, The City and SMSC entered into the police and fire protection service agreements for
1993, 1996, and 2001; and
WHEREAS, The City and SMSC desire to enter into a new agreement to maintain their strong and
mutually supportive intergovernmental relationship; and
WHEREAS, THE City and SMSC wish to acknowledge the relationship in 2004 and 2005 and enter
into an agreement for calendar years 2006 and 2007.
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 hereby authorized to execute the local government aid agreement
dated December 7,2005, on behalf of the City of Prior Lake.
PASSED AND ADOPTED THIS 19th DAY OF December, 2005.
YES
NO
Haugen Haugen
Flemina Fleming
LeMair LeMair
Petersen Petersen
Zieska Zieska
Frank Boyles, City Manager
fen" . D(WWW.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
LOCAL GOVERNMENTAL AID AGREEMENT
BETWEEN
THE SHAKOPEE MDEW AKANTON SIOUX COMMUNITY
AND
THE CITY OF PRIOR LAKE
This Intergovernmental Agreement is made this _ day of ,2005, 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 V.S.C. 9
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
Agreements dated July 30,1993, February 20,1996, and August 6, 2001; 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 and other
local governmental services to the best of its capabilities and as required by law and the
Community assists the City in providing funding for such services; and
WHEREAS, the Community has developed a full service fire and emergency services
department since the execution of the last intergovernmental agreement between the Community
and the City which reduces the City's costs associated with providing the Community fire and
emergency services; further, pursuant to the terms of a Mutual Aid Agreement, the Community's
fire and emergency services department provides support to the City; and
WHEREAS, the Community and the City enter into this agreement for calendar years 2006 and
2007, but also for the purpose to acknowledge the relationship between the Community and the
City for calendar years 2004 and 2005 and the payments made by the Community to the City for
those years; 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
other local governmental services.
Now Therefore, the parties hereto agree as follows:
1. Continued Provision of Services. The City shall continue to provide police, and other
local governmental 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.
____-....-...____~___'_'__"'....._....._~~."."m'..__".......,."'-'~~".----~_.~---'.....
Local Governmental Aid 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 2004 and 2005. The Community
shall pay City a fixed fee of Three Hundred Forty Thousand Dollars ($340,000) per year
for the first and second year of the contract term. Fee distributions to the City shall be
made in equal quarterly payments of $85,000 for the first year and second year no later
than fifteen days after the beginning of each new calendar quarter.
(b) Fee Amount for Years 2006 and 2007. The Community shall pay City a fixed fee of
Three Hundred Sixty Thousand Dollars ($360,000) per year for the third and fourth year
of the contract term. Fee distributions to the City shall be made in equal quarterly
payments of $90,000 for the third and fourth year no later than fifteen days after the
beginning of each new calendar quarter.
4. Conditions. Payment of fees by the Community to the City shall be subject to the
following conditions:
(a) 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.
(b) 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.
(c) The City shall list the amount of the Community's annual fee and attribute the
payment of the fee to the Community in the description of the City's annual budget and
any summary thereof that is made available to the public or otherwise published.
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
Local Governmental Aid Agreement
Page 3
City is required to provide service, or by other circumstances beyond the control of the
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 ofthe 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. 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:
Local Governmental Aid Agreement
Page 4
City Manager
City of Prior Lake
Prior Lake City Hall
4629 Dakota Street S.E.
Prior Lake, MN 55372
8. 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.
Shakopee Mdewakanton Sioux Community
Approved as to form:
By:~IT# /2-a7-'2>-\v:\tJ\'-...-\'-.
- Chairman - , Date Attorney for Community
City of Prior Lake, Minnesota,
Approved as to form:
By:
Mayor
Date
Legal Counsel
By:
City Manager
Date