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HomeMy WebLinkAbout5.F.4. Joint Powers Agreement-Public Safety Training Facility SF-'/. CITY OF SHAKO PEE Memorandum (.., ;t11, r, ~ ~ f:"'" ~... f ~ .. ,I'j .~ ",' ~;,~, :,,,It, ~,~ ft '" ,.~. );' ~ ,) '" Ii ,", ~ ." ''<Ju I ill V ..... Ii' ~ TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Joint Powers Agreement-Public Safety Training Facility DATE: April 16, 2008 Comment: Introduction: The Council is asked to approve an amended version of the Joint Powers Agreement (JP A) for the SCALE Public Safety Training Facility. Background: In September 2007, the City Council approved participation in a memorandum of agreement for the SCALE Joint Public Safety Training Facility, located near Jordan. SCALE has asked that each jurisdiction approve a modified agreement, which is now formulated as a JP A. This will result in no changes in the operations, funding, or participation. The changes are legal, primary relating to indemnification and insurance requirements. Kennedy & Graven has reviewed this vesion. Recommendation: I recommend that the Council approve the modified JP A for the Training Facility. Relationship to Visioning: This supports Goal D (Vibrant, Resilient, and Stable). Action Required: If the Council concurs, it should, by motion, authorize execution of the amended JP A for the SCALE Public Safety Training Facility. \\.A~ ~ Mark McNeill City Administrator MM:cn JOINT POWERS AGREEMENT PUBLIC SAFETY TRAINING FACILITY Article 1 - Enabling Authority THIS AGREEMENT is made by and between the political subdivisions organized and existing under the Constitution and laws of the State of Minnesota, hereafter collectively referred to as "Parties", and individually as "Party" which are signatories to this "Agreement. " Minnesota Statutes, Section 471.59 provides that two or more governmental units may by Agreement jointly exercise any power common to the contracting Parties; and In consideration of the mutual promises and Agreements contained herein and subject to the provisions of Minnesota Statutes, Sections 471.59 all other applicable statutes, rules and regulations, Scott County, Minnesota, a Minnesota municipal corporation (hereinafter referred to as the County), 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 (hereafter "the Cities") hereto agree as follows: Article 2 - Purpose WHEREAS, each of the Parties approved and was a signatory to a Joint Powers Agreement for the formation of a jointly operated regional public safety training facility in August 2006 and, WHEREAS, each of the Parties is a governing body which provides public safety services for the respective members of their jurisdictions; and, WHEREAS, recent judicial rulings combined with changes in Minnesota Statutes has made it prudent to restructure and replace the Joint Powers Agreement entered into in August of 2006; and, WHEREAS, continued 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 the Parties shall derive here from, the County and the Cities hereby enter into this agreement to replace the Joint Powers Agreement entered into in August of2006; but, without replacing or amending the Memorandum of Agreement with the Shakopee Mdewakanton Sioux Community referenced in Article 4 to develop and operate the joint public safety training facility ("training facility"). 1 Article 3 - Name The name of this entity shall be S.C.A.L.E. Regional Public Safety Training Facility hereinafter sometimes referred to as the Public Safety Training Facility. Article 4 - Agreement to Participate 4.1. Charter Members. The Charter Members of the S.C.A.L.E. Regional Public Safety Training Facility are those members who were signatories to the initial Joint Powers Agreement approved by the members in August of2006 which included Scott County, Minnesota, 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. 4.2. New Members. A municipality or other entity, not party to this initial Agreement, may join the training facility upon a concurring vote of all Parties. Upon the addition of a new party the joining party shall be required to make a contribution based upon the following calculations -- factoring the percentage of public safety providers (peace officers, fIre fIghters or both) that the entity asking to participate will comprise to the whole with the percentage of budget that the joining entity will impact (law enforcement only, fIre only or total) to derive the joining entities participation costs. New members will be required to make a full years contribution; regardless of when they join to Agreement. At the discretion of the Board, the annual contribution of the existing members may be modifIed proportionally to reflect the additional recurring contributions from the new member. 4.3. Compliance. A Party agrees to abide by the terms and conditions of the Agreement; including but not limited to the Joint Powers Agreement, bylaws, Memorandum of Agreement with the Mdewakanton Community, polices and procedures adopted by the Board. 4.4. Financial Obligations: 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. 2 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 Cities agree to provide (on an annual basis) their portion ofthe 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. The Cities shall pay proportionally based upon valuation for tax purposes with payments to be made on a quarterly basis. 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 Percentae:e 2007 2008 Belle Plaine 2.18% $5,004.74 $10,009.4 7 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 (by MOA) 7.53% $17,287.00 $34,574.00 Scott County 50.00% $114,787.50 $229,575.00 Article 5 - Governance 5.1. Governing Board. A governing board shall be formed to oversee the operation of the S.C.A.L.E. Regional Public Safety Training Facility and shall be know as the Board. The Board has a duty and 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. 5.1.1. Membership. The Board shall be comprised of a representative from the County, a representative from each of the participating cities, and a representative from each entity joining the collaborative funding and operation of the Training Facility. 3 5.1.2. Documentation. Resolutions or other documentation of designation shall be filed with the Secretary of the Board. 5.1.3. Members not Employees. Members of the Board shall not be deemed to be employees of the Training Facility. 5.2. Terms: Vacancies. Members of the Board shall be appointed by their respective governing bodies and may serve indefinitely as determined by the appointing authority. 5.3. By-Laws and Operation of the Board: The Board may adopt bylaws to govern its operations that shall include the Election of Officers and the establishment of a quorum, operating rules, meetings, and committees. Such bylaws shall be consistent with the Agreement and applicable law. 5.4 Fiscal Agent: Scott County shall act as the Fiscal Agent and shall, through the Facility Manager, its Chief Financial Officer and Deputy Administrator, provide for the required accounting, auditing and records management ofthe Training Facility. 5.5. Amendments. This Agreement may be amended from time to time as deemed necessary upon agreement of the County and the participating Cities. All Amendments to this Agreement shall be in writing and executed in a manner similar to this Agreement. 5.6 Records. Accounts and Reports. 5.561. Records and Reports. The books and records, including minutes and the original fully executed Agreement, of the Board shall be subject to the provisions of Minn. Stat. Ch. 13. They shall be maintained at Scott County. Records, accounts and reports shall be maintained by the Fiscal Agent. 5.6.2. Receipts and Disbursements. The Fiscal Agent, Scott County, will ensure strict accountability for all funds of the organization and will provide reports on all receipts and disbursements made to, or on behalf of the training facility . Article 6 -- Reservation of Authority All responsibilities not specifically set out to be jointly exercised by the Board under this Agreement are hereby reserved to the Parties. This Agreement is intended to replace the prior agreement of the Parties to jointly provide a public safety training facility. 4 Article 7 - 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. Article 8 -- Powers of the Board 8.1. General Powers. The Board is hereby authorized to exercise such authority and powers common to the Parties as is necessary and proper to fulfill its purposes and perform its duties. Such authority shall include the specific powers enumerated in this Agreement or in the bylaws. 8.2. Specific Powers. 8.2.1. Contracts. The Board may enter into contracts necessary for the exercise of its duties and responsibilities to govern the S.C.A.L.E. Regional Public Safety Training Facility. The Board may take such action as is necessary to enforce such contracts to the extent available in equity or at law. Contracts let and purchases made pursuant to this Agreement shall conform to the requirements applicable to contracts required by law (i.e. fiscal management, personnel management) 8.2.2 Annual Budget. The Board shall adopt and recommend to the partner agencies annual operating and capital budgets and priorities. 8.2.3. Insurance. The Board shall obtain through the Fiscal Agent liability, property and auto insurance and may obtain such other insurance it deems necessary to indemnify the Board and its members for actions of the Board and its members arising out of this Agreement. Article 9 - Indemnification and Hold Harmless 9.1. Applicability. The S.C.A.L.E. Regional Public Safety Training Facility shall be considered a separate and distinct public entity to which the Parties have transferred responsibility and control for actions taken pursuant to this Agreement. S.C.A.L.E. Regional Public Safety Training Facility shall comply with all laws and rules that govern a public entity in the State of Minnesota and shall be entitled to the protections of M.S. 466. 9.2. Indemnification and Hold Harmless. The S.C.A.L.E. Regional Public Safety Training Facility shall fully defend, indemnify and hold harmless the Parties against all claims, losses, liability, suits, judgments, costs and expenses by reason of the action or inaction of the Board and/or employees and/or the agents of the S.C.A.L.E. Regional Public Safety Training Facility. This Agreement to 5 indemnify and hold harmless does not constitute a waiver by any participant of limitations on liability provided under Minnesota Statutes, Section 466.04. To the full extent permitted by law, actions by the Parties pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the Parties that they shall be deemed a "single governmental unit" for the purpose of liability, as set forth in Minnesota Statutes, Section 471.59, subd. la(a); provided further that for purposes of that statute, each Party to this Agreement expressly denies responsibility for the acts or omissions of the other Party. The Parties of this Agreement are not liable for the acts or omissions of the other participants to this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other Parties. Article 10 - Term The term of this Agreement shall commence upon approval of the governing body of each Party, the date of signature by the Parties notwithstanding, and shall continue in effect thereafter unless cancelled by agreement of the County and Cities. The Agreement shall be in effect only with respect to the Parties who have approved and signed it. Article 11 - Withdrawal and Termination 11.1. Withdrawal. A Party may withdraw from the S.C.A.L.E. Regional Public Safety Training Facility 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. 11.2. Effective Date and Obligations. Withdrawal shall be effective at the end of that calendar year. A withdrawing Party is obligated to: 11.2.1 Provide for its proportional contribution of the annual operating contribution through the remainder of that calendar year; and, 11.2.2 Continue its responsibility for its proportional contribution to the annual debt service for one (1) year after withdrawal. 11.3. Termination. This agreement shall remain in force until it is dissolved by the concurrence of all of the parties. The termination/withdrawal of a Party's membership shall have no effect upon the Joint Powers Entity or this Agreement other than, as determined by the Board, a potential increase in the contribution requirements of the remaining members which would occur upon expiration of the time frames described in 11.2 above. 6 11.3.1 Effects of Termination. Termination shall not discharge any liability incurred by the Board or by the Parties during the term of the Agreement. 11.3.1A Financial obligations shall continue until discharged by law, this Agreement or any other agreement. 11.3.1 B The real property donated by Scott County and all building additions or modifications thereto shall be returned to Scott County. Property donated by any member shall be returned to the member. Surplus funds and any property acquired collectively by the training center shall, at the discretion of the members, be liquidated and distributed to the current members in proportion to their contributions. Article 12 - 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. Article 13 - Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Counterparts shall be filed with the Fiscal Agent who will maintain them at the Scott County Government Center. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by the persons authorized to act for their respective Parties on the dates shown below. COUNTY OF SCOTT APPROVED: By Bob Vogel Chair, Board of Scott County Commissioners David Unmacht Scott County Administrator Date: , 2008 Date: ,2008 7 CITY OF BELLE PLAINE APPROVED: By Tom Meger Date Mayor City of Belle Plaine David Murphy Date Belle Plaine City Administrator CITY OF ELKO NEW MARKET APPROVED: By Kent V. Hartzler Date Mayor City of Elko New Market Thomas M. Terry Date Elko New Market City Administrator CITY OF JORDAN APPROVED: By Ronald H. Jabs Date Mayor City of Jordan Edward J. Shukle, Jr. Date Jordan City Administrator CITY OF PRIOR LAKE APPROVED: By Jack G. Haugen Mayor City of Prior Lake Date Frank Boyles Prior Lake City Manager Date 8 CITY OF SAVAGE APPROVED: By Janet Williams Mayor City of Savage Barry Stock Savage City Administrator CITY OF SHAKO PEE 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 Date Date Date Date Date ~- 7' Z-t>t> ~ .;>...-IC, -20()<j' Date 9