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HomeMy WebLinkAbout5H - Public Safety Training Facility MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: FINANCIAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: CITY COUNCIL AGENDA REPORT CONSIDER APPROVAL OF A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING FOR THE REGIONAL PUBLIC SAFETY TRAINING FACILITY Introduction The purpose of this agenda item is to request that the Council approve the memorandum of understanding for the operation of the facility. Historv As the Council may recall, the Regional Public Safety Training facility is a SCALE cooperative venture intended to provide better training for public personnel so we can better serve our public. The County donated the Police Annex buildings and property in Jordan for this purpose. Studies have been done to determine the capital improvements costs and operating costs. In July 2006, all parties to the Regional Public Safety Training facility entered into a joint powers agreement for this facility. Current Circumstances A joint powers agreement is a means by which public entities who have the same powers can join together to work in a specific area to provide coordination, money and consistent policy, The joint powers agreement creates a legal entity composed of numerous other legal entities. The memorandum of understanding establishes the relationship and operating standards between the entities. Attached is a memorandum of understanding which is recommended for adoption. The memorandum of understanding has been reviewed by the attorneys of the various entities. In addition, the Shakopee Mdewakanton Sioux Community has reviewed the agreement and recommends its adoption as a result of changes made recognizing their unique status. Prior Lake has already committed to $21,029.07 to support six months of facility operation in 2007 and $42,058.14 in 2008. Both figures are incorporated into our budget and budget planning. Adoption of this agreement reconfirms those commitments. 1. Adopt a resolution approving the memorandum of understanding. 2. Take no action. Alternative #1. www.cityofpriorlake.com Phone 952.447.9800 I Fax 952.447.4245 Motion By: Second By: WHEREAS, The need for a regional public safety 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; and WHEREAS, The Joint Powers Agreement has been approved and executed by every party; and WHEREAS, The members of SCALE now deem it prudent to approve and execute a Memorandum of Understanding on this fopic. 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 Public Safety Training Facility Memorandum of Agreement dated August 1, 2006, is hereby approved. 3. The Mayor and City Manager are hereby authorized to execute said memorandum of Understanding on behalf of the City of Prior Lake. PASSED AND ADOPTED THIS 16th DAY OF APRIL 2007, Haugen Haugen Erickson Erickson Hedbera Hedbera LeMair LeMair Millar Millar YES NO Frank Boyles, City Manager www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 MEMORANDUM OF AGREEMENT PUBLIC SAFETY TRAINING FACILITY This Memorandum of Agreement (hereinafter MOA) 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 P1aine, the City of Jordan, the City of New Prague, the City of Prior Lake, the City of Savage, the City of Elko 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"). 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; and WHEREAS, the County and the Cities have entered into, or will execute simultaneously with this MOA, a Joint Powers Agreement pursuant to Minnesota Statutes Section 471.59 to address construction, use, operation, maintenance and administration of the facility; and WHEREAS, the Parties acknowledge that State law does not authorize tribal government participation in joint powers agreements for said purposes; and WHEREAS, the Parties further acknowledge that the execution of this separate companion MOA is an appropriate vehicle through which the Community's participation may be fully recognized; and WHEREAS, the Parties each possess respective authority to enter into this MOA and mutually desire to do so. NOW THEREFORE, in consideration of the mutual promises and benefits that each of the Parties shall derive here from, the County, the Community, and the Cities hereby enter into this MOA to develop and operate the joint public safety training facility ("training facility"). A. Scone of A!!reement. The purpose of this MOA 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. B. Governin!! Board. 1. For the purpose of facilitating and administering this MOA, the Public Safety Training Center Governing Board (the Board) shall consist of a representative from the County, a representative from the Community, and a representative from each of the participating Cities. 2. The Board may exercise its powers in order to accomplish the purposes of this Agreement consistent with Minnesota Statute 471.59, this MOA 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. Exnenses and Fundin!!. 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. 2 a. The Community shall 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 Parties. b. The Cities shall 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 said levels shall be recalculated and adjusted every three (3) years with the first recalculation being for 2009: Party Percenta2e 2007 2008 Belle P1aine 2.18% $5,004.74 $10,009.47 Elko/New 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 50.000/0 $114,787.50 $229,575.00 D. Maior Policy Reformation and/or Dispute 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. Amendment/Withdrawal or Termination of MOA. 1. This MOA may be amended upon agreement of the County, the Community and the participating Cities. 2. A Party may withdraw from this MOA 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 ofthat 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 (1) year after withdrawal. 3 3. A municipality, not party to this initial MOA, may join 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. 4. The termination/withdrawal of a Party's membership shall have no effect upon this MOA other than a modification of the funding formula outlined in Paragraph C, subparagraph 6 upon expiration of the time frames described in subsection 2 above. 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 MOA. Notwithstanding the above, with the exception of the Community, the parties recognize that liability under this MOA is controlled by Minnesota Statute Section 471.59, Subdivision 1 (a) and that the total liability for the parties shall not exceed the limit on governmental liability for a single use of government as specified in Minnesota Statute Section 466.04, Subdivision 1. G. Severabilitv. The provisions of this MOA shall be deemed severable. If any part of this MOA 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 MOA unless the part or parts which are void invalid or otherwise unenforceable shall substantially impair the value of the entire MOA with respect to any Party. H. Term of Ae:reement. The term of this MOA 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. I. Entire Ae:reement. Amendment. and Waiver. This MOA and the Joint Powers Agreement effective, 1 August 2006, embody the entire agreement and understanding of the Parties regarding the subject matter of this MOA and all prior agreements, representations, statement, and understandings, oral and written, are merged in this MOA by this Section. This MOA may not be altered, amended, modified, 4 or supplemented except in a writing signed by the Parties, which will be effective from and after the date that it is signed by all the Parties if an effective date is not specified. No MOA provision is waived unless done so in writing and signed by the Party against whom such waiver is asserted. J. Counteroarts. This MOA may be signed in separate counterparts, and the counterparts, taken together, shall constitute a single agreement. K. Notices. Except as otherwise specifically provided in this MOA, all notices, demands, and communications required under this MOA will be in writing and will be directed as follows: If to the Shakopee Mdewakanton Sioux Community: Tribal Administrator 2330 Sioux Trail N.W. Prior Lake, Minnesota 55372 If to Training Facility Joint Powers Board Chair, Training Facility Board 200 West 4th Avenue Shakopee, MN 55379 L. How Notices Mav Be Delivered. Notices may be: a. Delivered personally; b. Sent by nationally recognized overnight courier; or c. Sent by first class, certified United States Mail, return receipt requested, postage prepaid. M. When Notices Are Effective. Notices are effective: a. On receipt if delivered personally; b. On the next business day if sent by overnight courier; or c. On the date shown on the receipt if mailed, unless delivery is refused or delayed by the addressee, in which event they are deemed delivered on the third business day following deposit in the United States Mail. 5 N. Chane:es In Notice Address. A Party may change the address to which notice will be delivered by notice given to all parties. No Party may require notice to be delivered to more than two addresses. O. No Third Partv Beneficiaries. Except as otherwise specifically provided in this MOA, no rights, privileges, or immunities of any Party under this MOA will inure to the benefit of any third-party, nor will any third-party be deemed to be a beneficiary of any ofthis MOA's provisions. P. Successors and Assie:ns. This MOA binds and inures to the benefit of the legal successors and assigns of the Parties. Q. Governmental Authoritv. A. Nothing in this MOA shall confer or be construed to confer any authority on any city, county or state or any department, agency, or subdivision of any city, county or state. B. Nothing in this MOA shall be construed or interpreted to limit or expand any jurisdiction or authority of any Party, to waive any immunities, or to otherwise modify the legal rights of any person, to accomplish any act violative of tribal, state or federal law or to subject the Parties to any liability to which they would not otherwise be subject by law. R. Sovereie:n Immunitv. Nothing in this MOA is nor shall be construed to be a waiver of the Community's sovereign immunity from suit, and the Community hereby expressly retains its sovereign immunity from suit. In the event of a conflict between the provisions of this Paragraph and any other language contained herein, the language of this Paragraph shall control and prevail. S. CaDtions. Captions and paragraph headings used in this MOA are for convenience only, and are not part of this MOA, and shall not be deemed to limit or alter any provisions of this MOA, and shall not be deemed relevant in construing the MOA. IN WITNESS WHEREOF, the Parties have caused this MOA to be executed as of this_day of , 2007. 6 COUNTY OF SCOTT APPROVED: By Barb Marschall, Chair Board of Scott County Commissioners Date: ,2007 CITY OF BELLE PLAINE APPROVED: By Tom Meger Mayor City of Belle P1aine David Murphy Belle Plaine City Administrator David Unmacht Scott County Administrator Date ,2007 Date Date CITY OF ELKO NEW MARKET APPROVED: By Date Kent V. Hartzler Mayor City ofE1ko New Market Thomas M. Terry Elko New Market City Administrator CITY OF JORDAN APPROVED: By Ron Jabs Mayor City of Jordan Ed Shukle Jordan City Administrator CITY OF PRIOR LAKE APPROVED: By Jack G. Haugen Mayor City of Prior Lake Frank Boyles Prior Lake City Manager Date Date Date Date Date 7 CITY OF SAVAGE APPROVED: By Tom Brennan Mayor City of Savage Barry Stock Savage City Administrator CITY OF SHAKOPEE APPROVED By John J. Schmitt Mayor City of Shakopee Mark McNeill Shakopee City Administrator CITY OF NEW PRAGUE APPROVED: By Bink Bender Mayor City of New Prague Jerome Bohnsack New Prague City Administrator Date Date Date Date Date Date SHAKOPEE MDEW AKANTON SIOUX COMMUNITY By: Stanley R. Crooks, Tribal Chairman Date: Approved as to form and execution: By: William J. Hardacker, Tribal Attorney Date: By: Keith B. Anderson, Secretary/Treasurer. Date: 8