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HomeMy WebLinkAbout5.F.5. SCALE Public Safety Training Facility-Memorandum of Agreement s: F. s: CITY OF SHAKOPEE Memorandum fbO~!f~r~ (;:' ,,:~~t'r I~" . ~ W' " D'. TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Memorandum of Agreement - SCALE Public Safety Training Facility DATE: December 27, 2006 INTRODUCTION: The Council is asked to approve a Memorandum of Agreement (MOA) regarding the public safety training facility that is being developed by the Scott County Association for Leadership and Efficiency (SCALE). BACKGROUND: Design work is currently underway for the construction of the first phase of the SCALE joint training facility, which will be located at the former jail annex near Jordan. The facility will be operated under a Joint Powers Agreement, which the City Council has previously approved. The training facility will be governed by a Board, which will have representatives of each ofthe jurisdictions and the SMSC. At its meeting of December 4th, the Shakopee Council appointed Mayor Schmitt and City Administrator McNeill to be the Board representatiye and alternate, respectively, for Shakopee. A modification to the MOA is necessary, to incorporate some language desired by the Shakopee Mdewakanton Sioux Community. That version of the MOA is proyided here. BUDGET IMP ACT: There have been no changes from initial discussions with the City Council; the County will pay for half of the expense; the balance is diyided amongst the cities and SMSC, based on a formula comprised of the city's valuation and anticipated use. For Shakopee, that amounts to $35,538.21 for year 2007. That has been provided for in the 2007 operating budget. RELATIONSHIP TO VISIONING: This is Goal F - Housekeeping. #f RECOMMENDATION: I recommend that the MOA be adopted. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize execution of the Memorandum of Agreement for the Joint Public Safety Training Facility, operated by SCALE. Mark McNeill City Administrator MM:th MEMORANDUM OF AGREEMENT PUBLIC SAFETY TRAINING FACILITY This Memorandum of Agreement (hereinafter MOil) 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 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 (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. Scope of Aereement. 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. Continuation of the training facility will occur only upon the approval by the County, the Community, and the Cities of this MOA. B. Governine 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. Expenses and Fundine. 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 2 revenues, as determined by the debt service payments and annual budget approyed by the Board. a. The Community shall pay proportionally based upon their total number of public safety providers within each discipline as a portion of the oyerall 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 Percentage 2007 2008 Belle Plaine 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 ofthe 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 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 (l) 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. G. Severability. 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 ofthe entire MOA with respect to any Party. H. Term of A2reement. 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 A2reement. Amendment. and Waiver. This MOA and the Joint Powers Agreement dated, , embody the entire agreement and understanding ofthe 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, 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 MOil provision is waived unless done so in writing and signed by the party against whom such waiyer is asserted. 4 J. Counterparts. 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: If to L. How Notices May 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. N. Chan2es 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. 5 O. No Third Party 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, no will any third-party be deemed to be a beneficiary of any ofthis MOA's provisions. P. Successors and Assigns. This MOA binds and inures to the benefit of the legal successors and assigns of the Parties. Q. Governmental Authority. 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. Sovereign Immunity. 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. Captions. Captions and paragraph headings used in this MOA are fOf conyenience 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 ,2006. COUNTY OF SCOTT APPROVED: By Jon Ulrich, Chair David Unmacht Board of Syott County Cql1lmissioners Scott County Administrator Date: ,2006 Date ,2006 6 CITY OF BELLE PLAINE APPROVED: By Date Tom Meger Mayor City of Belle Plaine Date David Murphy Belle Plaine City Administrator CITY OF ELKO APPROVED: By Date Kent V. Hartzler Mayor City of Elko Date Mark Nagel Elko City ildministrator CITY OF JORDAN APPROVED: By Date Rob Jabs Mayor City of Jordan Date Ed Shulke Jordan City Administrator CITY OF NEW MARKET APPROVED By Date Jim Friedges Mayor City of New Market Date Thomas M. Terry New Market City Administrator 7 CITY OF PRIOR LAKE APPROVED: By Date Jack G. Haugen Mayor City of Prior Lake Date Frank Boyles Prior Lake City Manager CITY OF SA V AGE APPROVED: By Date Tom Brennan Mayor City of Savage Date Barry Stock Savage City Administrator CITY OF SHAKOPEE APPROVED By Date John J. Schmitt Mayor City of Shakopee Date Mark McNeill Shakopee City Administrator By Date Judith S. Cox City Clerk CITY OF NEW PRAGUE APPROVED: By Date Craig S. Sindelar Mayor City of New Prague Date Jerome Bohnsack New Prague City Administrator 8 SHAKOPEE MDEW AKANTON SIOUX COMMUNITY By: By: Stanley R. Crooks, Tribal Chairman Keith B. Anderson, Sec.lTreas. Date: Date: Approved as to form and execution: By: William J. Hardacker, Tribal Attorney Date: 9