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HomeMy WebLinkAbout10D - Regional Publice Safety Training Facility 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: CITY COUNCIL AGENDA REPORT July 17, 2006 ~''\ 1 OD X i Frank Boyles, City Manag~ AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A JOINT POWERS AGREEMENT FOR THE REGIONAL PUBLIC SAFETY TRAINING FACILITY DISCUSSION: Introduction The purpose of this agenda item is to have the Council consider approval of the Regional Training Facility Joint Powers Agreement which will commit each participating entity to financial contributions required to develop and operate the facility. Historv The 2030 Vision and Strategic Plan emphasizes the value of partnerships. The mission statement talks about safety and security in the community. SCALE was created to increase the cost effectiveness of public service to our taxpayers. One of the major objectives of SCALE has been the development of a Regional Training Facility for use by police, fire and public works personnel to facilitate better training for these venues. Current Circumstances The total cost of the facility is estimated at $9,939,726, including the contribution of a site valued at $1.5 million by the County. Of this amount, $4,219,726 was requested from the State and $754,000 from the federal government leaving $4,966,000 to be funded by SCALE members. What actually happened is that the State provided $1,000,000. The SCALE organization is recommending that Phase One construction be undertaken. Phase One would require $5.5 million to fund. It includes the following: · Site development · Gas live fire training tower · 50-yard law enforcement firing range · Basic training classrooms · 200-yard law enforcement firing range · Defensive tactics training area. The estimated SCALE contribution for Phase One has been calculated at $459,150 annually. This annual contribution is for debt service and operating expenses. Members have agreed to allocate this annual cost based upon a formula which factors the number of police, fire and public works users who might benefit from the facility with the County paying 50 percent of the total costs. www.cityofpriorlake.com I\COUt~CL,pG~;RPTS\2006\071706 cPA P0b,c S~19B2?414E1!ij.230 / Fax 952.447.4245 ISSUES: FINANCIAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: In the case of Prior Lake, the 2007 half-year cost is $21,029. In 2008, the Prior Lake cost is $42,058.14. The attached Joint Powers Agreement displays the level of participation of other members. SCALE has asked its members to verify their participation by adopting the attached Joint Powers Agreement by August 1, 2006. The Joint Powers Agreement was prepared by Scott County and reviewed by the City Attorney. Various modifications recommended by the City Attorney have been incorporated in the document. It is a workable document in our opinion. The Council should be aware that approval of the Agreement does commit the City to participate in this facility including its funding obligations. There is a $21,029.07 line item contained in the 2007 proposed budget. Spring lake Township and Credit River Township will pay for a portion of this facility as part of their annual fire agreements with the City. Funds for this purpose would be $42,058.14 every year thereafter unless revised by the formula. These funds would be drawn from the general fund budget. The City's contributions entitle it to unlimited annual participation. 1. Adopt the attached resolution authorizing the Mayor and City manager to execute the Joint Powers Agreement. 2. Take no action. Alternative #1. I\CQUNCIL\AGNRPTS\2006\071706 JP,'; Poblic Safety Training Fac:!ityDOC 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESa1JT1CW Q6.xx A RESOLUTION APPROVING A JOINT POWERS AGREEMENT FOR THE REGIONAL PUBLIC SAFETY TRAINING FACILITY Motion By: Second By: WHEREAS, The need for a regional training facility for use by police, fire and public works personnel is well documented; and WHEREAS, The SCALE organization has retained professional engineers to prepare plans and cost estimates for the construction and operation of such a faCility; and WHEREAS, SCALE and its members believe that the Regional Training Facility will improve public services in a cost-effective manner in Scott county, the State of Minnesota and the five- state region; and WHEREAS, The SCALE organization, after receiving $1 million from the State of Minnesota has determined that it would be prudent to develop the first phase of the facility; and WHEREAS, The components of Phase One, their costs and the debt service formula have been determined and incorporated into a Joint Powers Agreement to effectuate the facility. 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 Regional Training Facility Joint Powers Agreement dated August 1, 2006, is hereby approved. 3. The Mayor and City Manager are hereby authorized to execute said Joint Powers Agreement on behalf of the City of Prior Lake. PASSED AND ADOPTED THIS 17th DAY OF JULY, 2006. Hauaen Hauaen Dornbush Dornbush Erickson Erickson LeMair LeMair Millar Millar YES NO Frank Boyles, City Manager I\COUNCIL\RESOLUTI'ADMINRES\2006\0717J6 JPA ~~i~~~~oon Phone 952.447.4230 / Fax 952.447.4245 JOINT POWERS AGREEMENT PUBLIC SAFETY TRAINING FACILITY This Agreement is entered into by and between Scott County, Minnesota, a Minnesota municipal corporation (hereinafter referred to as the County), the Shakopee Mdewakanton Sioux Community a Federally recognized Indian Tribal Government (hereinafter referred to as the Community), and the City of Belle Plaine, the City of Jordan, the City of New Prague, the City of Prior Lake, the City of Savage, the City of Elko, the City of New Market and the City of Shakopee, each a Minnesota municipal corporation (hereinafter referred to as "the Cities", or collectively referred to as ''the Parties", pursuant to Minnesota Statute 471.59. WHEREAS, each of the Parties is a governing body which provides public safety services for the respective members of their jurisdictions; and, WHEREAS, the Parties have through their affiliation with the Scott County Association for Leadership and Efficiency (S.C.A.L.E.) identified the need to work cooperatively in providing for a joint public safety training facility that can serve all public safety providers; and, WHEREAS, participation in the joint public safety training facility will increase the efficiency, accuracy, and effectiveness of training for public safety providers; while decreasing the need to duplicate services within the region. NOW THEREFORE, in consideration of the mutual promises and benefits that each Parties shall derive here from, the County, the Community, and the Cities hereby enter into this agreement to develop and operate the joint public safety training facility ("training facility"). A. Scooe of A2reement. The purpose of this Agreement is to provide for the development and operation of a training facility that can provide an effective and efficient method of training public safety providers. Continuation of the training facility will occur only upon the approval by the County, the Community, and the Cities of this Joint Powers Agreement. B. Joint Powers Board. 1. For the purpose of facilitating and administering this Agreement, the Public Safety Training Center (Joint Powers) Board (Board) shall consist of a representative from the County, a representative from the Community, and a representative from each of the participating cities. 1 2. The Board may exercise its powers in order to accomplish the purposes of this Agreement consistent with Minnesota Statute 471.59 and other applicable laws. The Board shall plan and administer the training facility. The Board shall make recommendations to the Parties regarding the acquisition of new equipment; potential annual and capital budget costs; the need for new staff; cost sharing; maintenance standards and operating procedures and establish the by-laws and any sub-committees for operation of the training facility. c. EXDenses and Fundine:: 1. The County agrees to provide its land and facilities located at 17706 Valley View Road, Jordan, Minnesota to the parties as the site for the development of the training facility. 2. The parties agree that their initial contribution for renovation and construction necessary to bring the training facility into an operational status will collectively be in the amount of $5,000,000.00. 3. The County agrees to issue $5,000,000.00 in bonds to provide for the collective contribution of the parties. 4. The County agrees to provide (on an annual basis) 50% of the funds associated with the debt service payments incurred for the issuance of the bonds necessary for the initial renovation and construction work at the facility and the ongoing costs to operate the facility, minus outside revenues, as determined by the debt service payments and annual budget approved by the Board. 5. The Community and the Cities agree to provide (on an annual basis) the remaining 50% of the funds associated with the debt service payments incurred for the issuance of the bonds necessary for the initial renovation and construction work at the facility and the ongoing costs to operate the facility, minus outside revenues, as determined by the debt service payments and annual budget approved by the Board: a. The Community will pay proportionally based upon their total number of public safety providers within each discipline as a portion of the overall number of public safety providers within each discipline of all participating entities. b. The Cities will pay proportionally based upon valuation for tax purposes. 6. The parties agree that the following schedule shall establish their initial contribution levels (both debt and operating) for 2007 and 2008 and that 2 said levels shall be recalculated and adjusted every three (3) years with the first recalculation being for 2009. Party Percenta2e 2007 2008 Belle Plaine 2.18% $5,004.74 $10,009.47 ElkolNew Market 1.13% $2,594.20 $5,188.40 Jordan 1.75% $4,017.57 $8,035.13 New Prague 1.71 % $3,925.74 $7,851.47 Prior Lake 9.16% $21,029.07 $42,058.14 Savage 11.06% $25,391.00 $50,781.99 Shakopee 15.48% $35,538.21 $71,076.42 SMSC 7.53% $17,287.00 $34,574.00 Scott County 50.00% $114,787.50 $229,575.00 D. Maior Policy Reformation and/or DisDute Resolution. All Parties will seek in good faith to resolve policy, equipment, funding, technological and other issues through negotiation or other forms of dispute resolution mutually acceptable to the Parties. E. AmendmentlWithdrawal or Termination of A2reement. 1. This Agreement may be amended upon agreement of the County, the Community and the participating Cities. 2. A Party may withdraw from this Agreement upon providing a written notice to the Board at least ninety (90) days prior to the end of the current calendar year of its intent to withdraw at the end of that calendar year. The withdrawing Party shall: a. Be responsible for its proportional contribution of the annual operating contribution through the remainder of that calendar year; and, b. Continue its responsibility for its proportional contribution to the annual debt service for one year after withdrawal. 3. A municipality, not party to this initial Agreement, may join the Joint Powers Entity upon a concurring vote of all Parties. Upon the addition of a new party the funding formula outlined in Paragraph C, Subparagraph 6 shall be modified and the joining party shall be required to make a contribution based upon a recalculation of the contribution levels for the year the party joins. 3 F. Indemnification. Each Party shall be liable for its own acts to the extent provided by law and hereby agrees to indemnify, hold harmless and defend the other, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which another Party, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent act or omission of the Party, its agents, servants or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this Agreement. G. Severabilitv. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable by a Court of competent jurisdiction, such rendering shall not affect the enforceability and validity of the remainder of this Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to any Party. H. Term of A2reement. The term of this Agreement shall commence upon 1 August 2006, the date of signature by the Parties notwithstanding, and shall continue in effect thereafter unless cancelled by agreement of the County, Community, and Cities. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of this day of , 2006. COUNTY OF SCOTT APPROVED: By Jon Ulrich Chair, Board of Scott County Commissioners David Unmacht Scott County Administrator , 2006 CITY OF BELLE PLAINE APPROVED: Date: Date: , 2006 By Tom Meger Mayor City of Belle Plaine Date 4 David Murphy Date Belle Plaine City Administrator CITY OF ELKO APPROVED: By Kent V. Hartzler Date Mayor City of Elko Mark Nagel Date Elko City Administrator CITY OF JORDAN APPROVED: By Ron Jabs Date Mayor City of Jordan Ed Shulke Dake Jordan City Administrator CITY OF NEW MARKET APPROVED: By Jim Friedges Mayor City of New Market Date Thomas M. Terry New Market City Administrator Date CITY OF PRIOR LAKE APPROVED: By Jack G. Haugen Mayor City of Prior Lake Date 5 Frank Boyles Prior Lake City Manager Date CITY OF SAVAGE APPROVED: By Tom Brennan Mayor City of Savage Date Barry Stock Savage City Administrator Date CITY OF SHAKOPEE APPROVED: By John J. Schmitt Mayor City of Shakopee Date Mark McNeill Shakopee City Administrator Date CITY OF NEW PRAGUE APPROVED: By Craig S. Sindelar Mayor City of New Prague Date Jerome Bohnsack New Prague City Administrator Date 6