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HomeMy WebLinkAboutItem 06.pJune 4, 2012 1 _ 4 �� Item No. APPROVAL OF JOINT POWERS AGREEMENT FIRE TRAINING FACILITIES WITH CITY OF APPLE VALLEY, CITY OF BURNSVILLE, AND THE CITY OF EAGAN Proposed Action Staff recommends adoption of the following motion: Move to approve the Joint Powers Agreement with City of Apple Valley, City of Burnsville, and the City of Eagan for the Apple Valley, Burnsville, Lakeville, and Eagan (ABLE) Fire Training Facility. Passage of this motion will establish the framework and financing for construction and management of a new Class A Fire Training Facility. Overview City of Lakeville along with the cities of Apple Valley, Burnsville, and Eagan a Joint Powers Agreement (JPA) in 1987 to build and operate the ABLE Fire Training Facility. The JPA and training facility have a long -term proven record in the cost saving for training firefighters as well as strengthened the partnership among the cities. The proposed agreement would authorize the financing for a constructing a new fire training facility at the existing site. As discussed at the May 21 St workshop, the agreement has been updated to address cost of building the new fire training facility as well as operations and management of the facility. Rental fee will be reviewed annually by the ABLE Fire Chief's and adjusted accordingly. Primary Issues to Consider • The partnership that was created with the original JPA in 1987 to build, operate, and maintain a fire training facility is a proven cost effective means of training the cities firefighters and strengthen the partnership among the cities firefighters. • Financing: The City share of cost will be accounted for in the Building Fund in 2013 with financing provided by a transfer from the Liquor Fund. Supporting Information A copy of the Joint Powers Agreement with city of Apple Valley, City of Burnsville, and the city of Eagan for the Apple Valley Burnsville, Lakeville, and Eagan (ABLE) Fire Training Facility. Michael Meyer, Fire Chief Financial Impact: $ +500,000 Budgeted: Yes Source: Building Fund Related Documents (CIP, ERP, etc.): Notes: Financing by Liquor Fund JOINT POWERS AGREEMENT FIRE TRAINING FACILITIES AGREEMENT made by and between the CITY OF BURNSVILLE ('Burnsville "), the CITY OF LAKEVILLE ( "Lakeville "), the CITY OF EAGAN ('Eagan"), and the CITY OF APPLE VALLEY ( "Apple Valley "), all Minnesota municipal corporations in Dakota County, Minnesota. This Agreement is entered into pursuant to the authorization of the "Joint Powers Act' Minnesota Statutes § 471.59. NOW THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers, agree as follows: 1. General Purpose. The purpose of this Agreement is to jointly provide fire training facilities for the use of member cities and others. 2. Definitions. a. "Property" — certain: tracts of legally described as Lot 4, Block 3, River Ridge Addition and Lot 2, Block 2, River Ridge 3rd Addition, Dakota County, Minnesota. b. "Facilities" training facilities located on the Property consisting of a bum building and a training tower as described in plans and specifications approved by the Chiefs Board. c. "Member Cities /Member City" —the member cities consist of Apple Valley, Burnsville, Eagan and Lakeville. d. "Capital Cost" — an amount not to exceed $500,000.00 to be paid by each Member City for the cost of replacing and constructing a burn building on the Property. e. "Chiefs Board " — the chiefs board shall consist of the Fire Chiefs of the Member Cities. f "Operating and Repair Expenditures" —the costs of heat, utilities, cleaning, routine maintenance, including glass replacement, and replacement/repairs for the Facilities. g. "User Fee" — an equal share of an amount recommended by the Chief s Board and approved by each city's council to be paid each year by the Member Cities for Operating and Repair Expenditures. It. "ABLE Maintenance Account" —the account maintained by Burnsville in which the Capital Cost, User Fees and other funds collected related to the Facilities are deposited. 3. Construction of the Facilities. Burnsville shall construct the burn building in accordance with the approved plans and specifications. Burnsville shall use its best effort to have the Facilities constructed and ready for use by July 31, 2013. 4. Ownership. Burnsville shall be the sole owner of the Property and Facilities subject to the use by the other Member Cities, in accordance with the terms of this Agreement. 5. Payment of Capital Cost. Each Member City shall each pay its Capital Cost on or before January 31, 2013. Apple Valley, Eagan and Lakeville shall pay the Capital Cost to Burnsville. Burnsville shall deposit the other Member Cities' Capital Cost along with its Capital Cost into the ABLE Maintenance Account. 6. Payment of User Fees and ABLE Maintenance Account Expenditures. Each year during the duration of this Agreement, unless terminated earlier, each Member City shall deposit its User Fee into the ABLE Maintenance Account on or before June I" for Operating and Repair Expenditures. All expenditures from the ABLE Maintenance Account shall be approved by the Chiefs Board and those expenditures shall be executed by Burnsville under its purchasing and project policies. Unused funds shall remain in the ABLE Maintenance Account and carry over year to year. If the costs of repairs and maintenance exceed the current balance in the ABLE Maintenance Account at any time, the Chief's Board may recommend to each city's council that additional deposits be made into the ABLE Maintenance Account to cover such Operating and Repair Expenditures. 7. Liability Insurance. If Burnsville's liability insurance premium is increased as a result of the ownership and operation of the Facilities, each party shall pay twenty -five percent (25 %) of the added cost. 8. Facility Use. Each Member City shall be entitled to equal use of the Facilities and Property, subject to scheduling under the written rules established by the Chiefs Board. 9. Use by Others. Burnsville may, according to guidelines established by the Chiefs Board, rent the Facilities to third parties at such times as the Facilities are not scheduled to be used by Member Cities. Burnsville shall provide adequate written notice to the other Member Cities of the intent to rent to a non- member city. Any rent collected shall be deposited in the ABLE Maintenance Account. Burnsville shall determine whether there is adequate liability insurance for the use of the Facilities by non - member cities and shall require that each non- amember city using the Facilities folly indemnify the Member Cities against all loss, damage, liability claims, suits, judgments, costs and expense by reason of loss of or damage to property and injury to or death of persons caused by acts or omissions of the non - member city, its officers, agents, or employees, arising from or growing out of, directly or indirectly, wholly or partly, its operation or use of the Facility. 10. Chiefs Board. The Chiefs Board shall be responsible for the operation of the Facilities and shall establish rules for the operation and use of the Facilities. The Board shall act by majority vote. In the event of a tie vote, the tie shall be broken by a flip of the coin. 11. Indemnification. Each Member City does hereby fully indemnify the other Member Cities against all loss, damage, liability claims, suits, judgments, costs and expenses by reason of loss of or damage to property and injury to or death of persons caused by acts or omissions its officers, agents, or employees, arising from or growing out of, directly or indirectly, wholly or partly, its construction, maintenance, operation or use of the Facilities. 12. Term. This Agreement shall be null and void unless all the Member Cities have signed and approved the Agreement by August 1, 2012. All parties need not sign the same copy. Unless otherwise agreed to in writing by the Member Cities, this Agreement shall terminate on January 1, 2043. Burnsville may terminate the Agreement at an earlier date by giving the Member Cities six (6) months written advance notice and promptly refunding to each city an amount equal to 3.34% of the Capital Cost paid by that city multiplied by the number of years this Agreement is terminated prior to 2043 plus 3.34% of the of the balance remaining in the ABLE Maintenance Account. Any other Member City may also withdraw from this Agreement by giving the other Member Cities six (6) months advance written notice. Upon receipt of such notice Burnsville shall, within three (3) years after a city voluntarily withdraws, refund to such withdrawing city an amount equal to 3. 4% of the Capital Cost paid by that city multiplied by the number of years this Agreement is terminated prior to 2043. 13. Amendment This Agreement may be amended only by approval of the city councils of all Member Cities. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed by their respective duly authorized officers by authority of their respective governing bodies. CITY OF EAGAN BY: Mayor BY: City Clerk DATED: CITY OF BURNSVILLE BY: Mayor BY: City Manager DATED: CITY OF L.AKEVILLE BY: Mayor BY: City Clerk DATED: CITY OF APPLE VALLEY BY: Mayor BY: City Clerk DATED: 4