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HomeMy WebLinkAbout13.A.1. Joint Powers Agreement for Public Safety Training Facility /3.ft. }. CITY OF'SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Public Safety Training Facility - Joint Powers Agreement DATE: July 12, 2006 INTRODUCTION: The Council is asked to enter into a Joint Powers Agreement (JP A) with other SCALE (Scott County Association for Leadership and Efficiency) members regarding a joint public safety training facility for police, fire, and public works personnel. BACKGROUND: For the past two years, SCALE members have investigated the possibility of establishing a joint public safety training facility, to provide safety and training opportunities for police, fire, and public works employees for the member communities. The SCALE communities include Scott County, the Shakopee Mdewakanton Sioux Community, and all of the incorporated cities within Scott County. After exploring new construction, it was determined that the most cost effective option was to renovate the former jail annex (Lynnville), located near Jordan. GOVERANCE: It is proposed that the operation of this facility be overseen by a Joint Powers Board, which would consist of one representative each from Scott County, the SMSC, and each of the participating cities. In the event that one of the participating entities chooses not to continue with its membership, there is a provision to "opt out". The entity would do soby providing a written notice at least 90 days before the end of the calendar year preceding its "opt out" year. Continuation of payment would be required for one-year after withdrawal. FUNDING: The total cost of the project is approximately $8.5 million, but that number includes the $1.5 million value of the property being provided by Scott County. SCALE was also successful in having the legislature provide $1 million of State money for the project in 2006. It is to provide the balance of the needed, capital costs, proposed that Scott County issue $5 million in bonds to collectively fund the portion which will be coming from the member communities. These bonds would be repaid over 20 years. A number of funding options were examined. Initially, a formula was based on combination of tax base, and size of departments to be trained. Under that scenario, Shakopee would have paid a disproportionably high percentage - nearly 36% of the total cost. Recognizing this inequity, the County Board has given tentative approval to funding 50% of the total cost (which would include both the initial bond sale, and annual operating budget). The remainder ofthe funding is proposed to be picked up based on tax base (with the Shakopee Mdewakanton Sioux Community paying based on the number of personnel that they would send for training). Under this scenario Shakopee would pay 15.48%. Recognizing that 2007 will be a start up year, that year's operating budget is reduced. Therefore, Shakopee's share in 2007 would be $35,538.21, and would be a full payment of$71,076.42 in 2008 and beyond~ That amount will vary, based on what is established as an operating budget. It is further proposed that the allocation be reexamined every 3 years, so that changes in tax base can be readjusted accordingly. Scott COUIIty would continue to pay 50%. DISCUSSION: When this was previously presented to the City Council, a suggestion was made to incorporate a "floor" and "ceiling" for the City; so that there would bea "not to exceed" amount written into the contract. This was discussed with Scott County. Because this is an ongoing contract, it is difficult to set that amount (or percentage). in numbers. The debt amount will not change - that is fixed for the duration of the bond issuance. What will change is the amount of the operating budget. That will vary by expenditures, and by revenues (how many outside agencies utilize the facility). Will Shakopee experience a disproportionate increase in growth? It would be argued that Shakopee will continue to grow, both within the existing borders and potentially from annexed areas, the question is whether it would grow more quickly than other areas of the County. It is realistic to think that lesser-developed areas now, such as New MarketlElko, Jordan, and Belle Plaine, would grow proportionally faster than Shakopee, and therefore, their percent of participation would increase. Shakopee's could therefore decrease. (Conversely, as it is nearly fully developed, Savage's percentage will remain constant, or decline slightly). BUDGET IMPACT: Should Council chose to participate in the JP A, it would need to provide the $35,538 in the General Fund next year. . RELATIONSHIP TO VISIONING: This supports Goals B "High Quality of Life", and D "Vibrant Resilient, and Stable". RECOMMENDATION: The question for the Council is whether it sees the annual expenditure in the Joint Training Facility as a good investment. In order to maintain first class services, to protect its employees, and to reduce liability exposure, the City must provide adequate training. By participating in this joint facility, I believe that it provides the most cost effective training opportunities, at least in the long run. I recommend that the City participate, and authorize entering into the JP A. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize the appropriate City officials to execute the Joint Powers Agreement for the SCALE Public Safety Training Facility. YlILd~ Mark McNeill City Administrator MM:th , 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), theShakopee 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 Shako pee, 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. Scope of Af!reement. 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 oftraining public safety providers. Continuation of the training facility will occur only upon the approval by the County, the Community, and the Cities ofthis 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 shanng; maintenance standards and operating procedures and establish the by-laws and any sub-committees for operation of the training facility. C. Expenses and Fundim!: 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% ofthe 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 va.luation fortax 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 Percenta~e 2007 2008 Belle Plaine 2.18% $5,004.74 $10,009.47 ElkolN ew 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 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 A2reement. 1. This Agreement may be amepded 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 ofthe 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 ofthe Party, its agents, servants or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this Agreement. G. Severability. 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 A2:reement. 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 David Unmacht Chair, Board of Scott Scott County Administrator County Commissioners Date: ,2006 Date: , 2006 CITY OF BELLE PLAINE APPROVED: By Tom Meger Date Mayor City of Belle Plaine 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 Date Mayor City of New Market Thomas M. Terry Date New Market City Administrator CITY OF PRIOR LAKE APPROVED: By Jack G. Haugen Date Mayor City of Prior Lake 5 . . Yo '~ Frank Boyles Date Prior Lake City Manager CITY OF SA V AGE APPROVED: By Tom Brennan Date Mayor City of Savage Barry Stock Date Savage City Administrator CITY OF SHAKOPEE APPROVED: By John J. Schmitt Date Mayor City of Shakopee Mark McNeill Date Shakopee City Administrator CITY OF NEW PRAGUE APPROVED: By Craig S. Sindelar Date Mayor City of New Prague Jerome Bohnsack Date New Prague City Administrator 6