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Home My WebLink About10.F.1. Memorandum of Understanidng for Joint Review of Services with Shakopee Mdewankanton Sioux Comminuty, Prior Lake and Scott County ID. F. I • CITY OF SHAKOPEF, 1Llemorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Memorandum of Understanding-SMSC, Scott County, and Cities of Prior Lake and Shakopee DATE: February 21, 2012 Comment: Introduction: The Council is asked to authorize the execution of an agreement between the Shakopee Mdewakanton Sioux Community (SMSC), Scott County, and the Cities of Prior Lake and Shakopee. This Memorandum of iTnderstanding (MOU) will provide for a forum to coordinate the discussion of various governmental services. Background: In January, staff inembers of the SMSC, Prior Lake, Shakopee, and Scott County met to discuss issues which may 6e identified as being of mutual interest. Specifically, the proposed MOU lists the following as possible areas of discussion: I.uw Enforcement, Transportation, Employment, Taxation, Economic Development, Due Proeess and Representation, Education, Natural Resources, Public Service Provision, Land Use and Acquisition, Fish and Wildlife, Healthcare, and Environmental Protection... While none of the jurisdictions pxovide all of these listed seroices, there should be the coordination of those topics which are of mutual interest The preliminary discussion has indicated a probable need for an Intergovernmental Working Group (IWU), which could meet to discuss issues, work to resolve conflicts, or otherwise find areas of cooperation for greater efficiencies and the provision of services. This group will have no jurisdictional powers that would require the waiving of sovereignty or jurisdictional rights of any of the governments. However, it is hoped that through communication and cooperation, many potential conflicts might be resolved early. The drat� MOU proposes that each government appoint two representatives to be members of the IWG. Alternates or designees may attend as needed. I recommend that the specific representatives to be appointed be considered at a future meeting. It should be noted that the SMSC has already approved this document. Recommendation: I recommend that the City Council authorize execution of the MOU. Relationship to Visioning: This supports Goal D Maintain, improve, and create strong partnerships with other public and private sector entities. Action Required: If the Council concurs, it should, by motion, authorize execution of the tollowing: A Memorandum of Understand between and Among the Govemments of the Shakopee Mdewakanton Sioux Community, City of Shakopee, City of Prior Lake, and Scott County, Minnesota ,1,;, � j :+�i Mark McNeill MM:cn City Administrator MEMORANDUM OF UNDERSTANDING BETWEGN ANll A�IONG THE GOVERNVIENTS OF I'HE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY CITY OF SHAKOYEE CITY OF PRIOR LAKE AND SCOTT COUNTY This Memorandum of Understanding ("MOU") is being made by and between the government of the Shakopee Mdewakanton Sioux Community (SMSC or the Tribe), a federally recognized Indian Tribe, and the govei�unents of the City of Shakopee, the City of Pxior Lake, and Scott County. The Tribe, each City, and the County shall herein be referred fo individually as the "Government" and collectively as the "Govemments". A. ACKNOWLEDG�MENTS: WHERF_A5, lhe Governments are committed to the future of the economy and the communities in their region; and WHEREAS, as representative Governments, �ve are obligated to seive and protect our citizens; and WHF.REAS, oi�r citizens havc ccrtain common and intertwined interests, including, 6ut not limited to, strong families, hcalthy cultures and communities, economic �vell-being, a clean enviromnent, maintenance oPpublic safety, essential public services, transportation, employment, and quality education and health caze; and WHEREAS, as representative Governments, each conmiunity must soinetimes assert rights and responsibilities of jurisdiction, and from time to time, conflicts of jurisdiction may axise in areas such as law enforcement, transportation, employment, taxation, economic development, duc process and representation, education, natural resources, public service provision, land use and acquisition, fish and wildlifc, healthcare, and enviromnental protection; and WHEREAS, it is in the interests of the GovenunenYs, and of all of our citizens, that conflicts ofjurisdiction be resolved quickly and efficiently; and WHER�AS, in service to our citizens, the Govemments wish to continue building their government-to-government relations in order to prevent jurisdictional disputes from paralyzing productive and respectful relations for present and future generations; NOW TH�REFORE BE IT RESOLVED: B. PRINCIPLES. It is the Govemments' intention that productive and respectful govemment-to-govemment relations among them be based upon the following principles: 1 Conflicts of jurisdiction that may from time to time arise should be resolved through productive problem solving, collaboration and cooperation that serves to minimize or eliminate intergovennnental dispute and litigation. 2 Mutually-agreed upon cooperative agreetnents, memoranda of understanding, and similar instruments of cooperation may be appropriate means of establishing respective roles and xesponsibilities in infergovernmental relations and undertakings. 3 When shared interests warrant, joint and cooperative effoxts should be undertaken in dealings and interactions with other governmental and non-governmental enrities. C. IMPLEMENTATION. It is the Goveinments' intention that an Intergovernmental Working Group (IWG) be established as follows: 1. The IWG shall be comprised of two appointed representatives from each of the Tribe, the City of Shakopee, the City Prior Lake, and Scott County. Each representative shall be appointed by their respective govcrnmcnt. 2. Primary responsibility for impleinenting fliis MOU rests with the IWG. 3. The IWG serves as a forum that the Governments may use for enhancing intergovernmental relations, resolving intergovcrnmental disputes, and joining in mutually beneficial cooperation in service to their citizens. 4. The IWG shall meet at least once each three-month quarter to identify and investigate issues of concem to the Governments, may establish Technical Working Uroups (TWC'�s) of elected, appoinYed or retained experts to study and recommend solutions on malters oPmutual concern, may receive and review thc reports and recommendations of TWGs, and periodically shall develop and recommend solutions to the Goven�ments in keeping with the intentions of this MOU. 5. The IWG may investigate and discuss alternatives to litigation for xesolving disputes ainong the Governments and shall recommend to the Governments such alternatives as may be appropriafe. 6. Adoption and implementation of any rewmmendations of the IWG or TWGs shall rest solely with each respective Government. FEBRUARY 2O12INTERGOVERNMEi�'fAL WORKING GROUP — MEMOKANDUM OP UNDGRSTaNDING SHAKOPEE MDEWAKANTON SIOUX COMMUNITY C1TY OF PRIOR LAKE CITY OF SHAKOPES SCOTT COiNTY PAGE-Z 7. The IWG may adopt those rules and procedures for its operation as may be necessary for it to cany out its duties and responsibilities under this MOU and as are lawful under each Goveizuneut's respective authority. D. TEI2M AND REVIEW PROCESS. This MOU shall become cffcctive upon the date of its signing by the participating Govemnzenfs. This MOU shall be subject to xevision upon each biennial amiiversary of its adoption. Not less than six weeks prior to each annual anniversary of the adoption of this MOU, the IWG shall report on the status of the MOU and make recommendations, if any, for its revision to the participating Governments. In the event any participating Government to this MOU withdraws from this MOU, 30 days written notification shall be submitted to the IWG. This MOU shall remain in effect for all rcmaining participating Governments. E. JURISDICTiON AND RESERVATION OF RIGFITS. Nothing in this MOU shall expand, restrict, limit or waive the regulatory authoxity or the juxisdiction or the sovercignry of any of the Governments. No documents, materials, discussions, or other communications produced pursuant to the IWG's or TWGs conduct of thcir duties and responsibilitics may be used in any lawsuit or other judicial or legislative proceeding, unless such items are discovexable from records creatcd in the course of business unrelated to the wark of the IWG. F. AGREEMENT. In recognition of the interests of our citizens and our responsibilities as Governments, we do hereby enter into this Memorandum of Understanding as confirn�ed by resolution duly adopted by the chief policymaking or execulive body of each participating government f'or the building of productive and respectful govenunent-to-government relations among the Governments. In the spirit of cooperation, we affix our signatures on this day of , 2012. FEBRUARY 2O12IVTERGOVERNMENTAL WORKING GROUP- MEMORANDUM OF UNDERSTANDING SIIAKOPEE MDEWAKANTON SIOUX COMMUNITY CLTY OF PffiOR LAKE CITY OF SI-IAKOPF.E SCOTT COUVTY PAGE-3 Signature Yage Mayor City of Prior Lakc Mayor City of 5hakopee Commission Chairman Scott County Tribal Business Council Chairman Shakopee Mdewakanton Sioux Community FGBRUARY 2O12INTERGOVERNMENTAL WORKING GROUP- MGh10RANDUM OF U�IDERSTANDING SHAKOPEE MDEMAKANTON SiOiJX COh1MLINI'PY CITY OF PRIOR LAKE CiTY OF SHAKOPEE SCOTT COUNTY PaeE-4 712/330-8063 Business: 3025 Harbor Lane North, Suite 400 Plymouth, MN 55447-5142 763/551-1230 800/422-0119(M N� Fax: 763/551.0459