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HomeMy WebLinkAbout7.B.1. Mdewakanton Intergovernmental Aid Agreement General Business 7• B. 1• SHAKOPEE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jeff Tate, Police Chief DATE: 06/04/2013 SUBJECT: Mdewakanton Intergovernmental Aid Agreement (D) Action Sought Council is asked to enter into an Intergovernmental Aid Agreement with the Shakopee Mdewakanton Sioux Community. Background The Shakopee Mdewakanton Sioux Community wishes to enter into an agreement with the City of Shakopee, whereby the city continues to provide to the Community police and other services as required by law, and the Community will assist the city in providing funding for such services. The city currently does not nor ever has had an agreement that provides cost coverage. The proposed term of this agreement is three years. Proposed payment to the city for services will be $75,000 for 2013, $85,000 for 2014, and $90,000 for 2015. The police department will use these funds to offset expenses of adding an additional investigator from our existing patrol staff. The police department is not asking to add an additional sworn officer. The proposed funding covers all additional expenses in moving an officer from patrol to investigations. Staff believes this move will provide additional liaison time with the Shakopee Mdewakanton Sioux Community, enhance our relationship, and help with internal case loads in our investigations unit. This agreement does provide under Term and Termination in the proposed agreement defined conditions for termination. This agreement has been reviewed by the City's attorney. Recommendation Staff recommends entering into the proposed agreement. Budget Impact The proposed agreement is meant to reimburse expenses and pay for liaison services already budgeted. Relationship to Vision This item relates to Goal D: Maintain, improve and create strong partnerships with other public and private sector entities. Requested Action If council concurs, they should by motion, authorize staff to enter into an Intergovernmental Aid Agreement between the Shakopee Mdewakanton Sioux Community and the City of Shakopee. Attachments: SMSC Agreement LOCAL INTERGOVERNMENTAL AID AGREEMENT BETWEEN THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY AND THE CITY OF SHAKOPEE This Intergovernmental Aid Agreement is made this 4th day of June , 2013, by and between the Shakopee Mdewakanton Sioux Community, a sovereign Indian Tribe, federally recognized and organized under the Indian Reorganization Act of 1934, 25 U.S.C. § 476 (hereinafter the "Community") and the City of Shakopee, a municipal corporation in Scott County, Minnesota (hereinafter the "City"). WHEREAS, the Community is a federally recognized Indian Tribe with the inherent power to enter into agreements with local governments; and WHEREAS, the City is a municipal corporation organized under the laws of the State of Minnesota; and WHEREAS, the City recognizes that the Community's sovereignty accords the Community a unique legal status which requires the City to interact with the Community on a government -to- government basis; and WHEREAS, the Community and the City desire to maintain a strong and mutually supportive intergovernmental relationship whereby the City provides to the Community police services as required by law and the Community assists the City in providing funding for such services. Now therefore, the parties hereto agree as follows: 1. Provision of Services. The City shall provide police services to the Community at a level not less than those which are provided to the balance of the City's service area as required by law, for the full term of this Agreement. Said services shall include, but not be limited to, routine police patrol, response to calls for assistance, and the investigation of crimes which occur on Community properties that are within the city limits of Shakopee. The City shall also respond to calls for assistance on Community properties which necessitate the response of multiple departments, in accordance with existing Joint Powers and Mutual Aid Agreements. 2. Term and Termination. The term of this Agreement shall be three years. This Agreement may be terminated by either party by providing a thirty (30) day written notice. Upon termination of this Agreement, the Community shall pay to the City that portion of the fee due for the year of termination pro -rated to the date of termination, and the City shall remit to the Community without delay all fees paid to the City in advance prorated to the date of termination. 3. Payment for Services. a. Fee Amount for Year 2013. The Community shall pay the City a fixed fee of Seventy-Five Thousand Dollars ($75,000) for the first year of the agreement term and shall be made simultaneously with the execution and delivery of this Agreement. b. Fee Amount for Year 2014. The Community shall pay the City a fixed fee of Eighty -Five Thousand Dollars ($85,000) for the second year of the agreement term. Fee distribution to the City shall be made by January 31, 2014. c. Fee Amount for the Year 2015. The Community shall pay the City a fixed fee of Ninety Thousand Dollars ($90,000) for the third year of the agreement term. Fee distribution to the City shall be made by January 31, 2015. 4. Conditions. Payment of fees by the Community to the City shall be subject to the following conditions: a. 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 a variety of factors including but not limited to availability of personnel and equipment, road conditions, the involvement of the equipment and personnel in other incidents in the City or the townships or in other entities to which the City is responding by virtue of mutual aid agreements, under statute or otherwise in the interest of public safety, or by other circumstances beyond the control of the City. 6. Limitation on Liability of the City for Failure to Respond. The Community agrees that the City's liability to the Community for any act or omission of the City's Police Department to respond to a call or to arrive in time to prevent the destruction of property or personal injury, including death, which might occur, and the City's liability to the Community for any act or omission of the City's Police Department to respond to a call for service shall be no greater than and no different from the City's legal liability to any other citizen of the City. The parties agree that the City's liability is limited as provided by law including but not limited to Minnesota Statutes Chapter 466. The parties hereto acknowledge that the Community cannot restrict the right of any individual member of the Community to bring suit for whatever reason. The parties agree that neither party shall indemnify the other party from and hold the other party harmless against any cause of action, suit, or proceeding which an individual member of the Community might bring against either party for any act or omission 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: Charlie Vig, Tribal Chairman Shakopee Mdewakanton Sioux Community 2330 Sioux Trail N.W. Prior Lake, MN 55372 With a Copy to: Tribal Administrator Shakopee Mdewakanton Sioux Community 2330 Sioux Trail N.W. Prior Lake, MN 55372 To the City of Shakopee: City Administrator City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 8. Authorization. The Community's General Council authorized the Tribal Chairman to enter into an agreement with the City by passing General Council Resolution 11 -14 -95 -002 and General Council Resolution 09 -11 -01 -003. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. Shakopee Mdewakanton Sioux Community Approved as to form: By: By: Charlie Vig, Tribal Chairman Attorney for Community Date: Date: City of Shakopee Approved as to form of execution: By: By: Mayor Attorney for City Date: Date: By: City Administrator Date: