HomeMy WebLinkAbout5J - Sentencing to Serve Contract with Scott County for 2010
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\~ CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
~;cember 21, 2009 M~
Frank Boyles, City Manager\"
CONSIDER APPROVAL OF\. ESOLUTION APPROVING PARTICIPATION
IN THE SCOTT COUNTY SENTENCING TO SERVICE PROGRAM AND
AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE
JOINT POWERS AGREEMENT BETWEEN SCOTT COUNTY AND CITY OF
PRIOR LAKE.
Introduction
The purpose of this report is to determine if the Council wants the City to again
participate in the Sentencing to Service Program administered by Scott County
for the period of January 1, 2010 through December 31, 2010.
Histo"l
The City of Prior Lake has participated in the Sentencing to Service Program
for more than a decade. Through this program, persons convicted of
nonviolent crimes are given the opportunity to do community service to work
off their "debt to society." Scott County provides a supervisor to the crew and
covers worker's compensation costs. Last year the City participated in the
Sentencing to Service program for an amount not to exceed $6,225. Final
invoicing is expected to arrive before December 15, 2009. The city's cost for
the program pays for the supervisors provided by the county for the program
and the transportation costs to get crews to and from the worksites.
Current Circumstances
Parks and Fleet Supervisor Friedges and Park Maintenance Foreman
Skluzacek report satisfaction with the number of workers and supervision of
provided in 2009. They list the following as projects that the Sentencing to
Service program worked on in Prior Lake this year:
1. Assisted with the construction of the Community Gardens with tree
removal, debris pickup, etc.
2. Buckthorn removal.
3. Scraped and painted the hockey rinks at Lakefront Park.
4. Silt fence removal.
5. Garbage pickup along the City boulevards.
6. Maintenance in our tree nursery.
7. Mulched landscape beds.
8. Cleaned up our old Park shop site.
The County reports that the City received a total of 2213 hours worked through
this program in 2009. Had we hired temporary employees at $10/hr. we would
have paid $22,130 to accomplish the same amount of work. Because our
actual costs cannot exceed $6225, Sentencing to Service was a more cost-
effective way to get the job done.
www.cityofpriorlake.com
Ph~952;447,980Q. /Fa-x,952;447;4245
ISSUES:
FINANCIAL
IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
Conclusion
The Council should determine whether the program is something we should
participate in next year.
Sentencing to Service has a societal benefit in that the penalty for the crime
provides a cost-effective service to the community. Every year we attempt to
at least cover city costs and when possible exceed them. Each year we
monitor. If we are unable to cover city costs, we would recommend
discontinuation of the program.
The key to the effectiveness of this program is having persons available when
the city has work which needs to be completed and the supervision provided
by Scott County as City staff cannot provide supervision because of resource
limitations and should not because of liability considerations.
Pursuant to Minnesota Statutes 3.739, persons working under this program
are provided medical coverage in the event of injury through the Department of
Corrections. The contract provides that the Department of Corrections crew
leader provides safety guidance to workers under this program before and
during the work project. We have incorporated clarifying language in the
document which the County is reviewing. The approving resolution provides
that the City Attorney must approve the final agreement to protect the City
from liability.
The proposed share from the City for 2010 will be an amount not to exceed
$6,454.00. Funding for this program is contained in the 2010 budget General
Fund.
1. Adopt a resolution authorizing participation and execution of the Joint
Powers Agreement for the Sentencing to Service program through
December 31, 2010.
2. Elect not to participate in the program.
Alternative #1.
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
RESOLUTION 09-xxx
A RESOLUTION TO AUTHORIZE PARTICIPATION IN THE
SENTENCING TO SERVICE PROGRAM IN CALENDAR YEAR 2010
AND AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER
INTO A JOINT POWERS AGREEMENT WITH SCOTT COUNTY.
Motion By:
Second By:
WHEREAS, Sentencing to Service provides cost effective labor to the City of Prior Lake and an
effective way in which persons can pay their debt to society; and
WHEREAS, The City Council desires to participate in the Sentencing to Service Program in 2010;
and
WHEREAS, The County has requested that the City enter into a joint powers agreement for this
purpose which will not exceed $6454 in city costs.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Mayor and City Manager are hereby authorized to execute a Joint Powers Agreement with
Scott County to participate in Sentencing to Service program for the period of January 1, 2010,
through December 31, 2010, subject to the City Attorney's approval of the final agreement.
PASSED AND ADOPTED THIS 21sT DAY OF DECEMBER 2010.
YES
NO
I Hauf:jen
I Erickson
I Hedberf:j
I LeMair
I Millar
Haugen
Erickson
Hedberg
LeMair
Millar
Frank Boyles, City Manager
www.cif?idI?riorlake.com
Phone 952.447.9800 / Fax 952.447.4245
JOINT POWERS AGREEMENT
BETWEEN THE COUNTY OF SCOTT AND CITY OF PRIOR LAKE
IN THE COUNTY OF SCOTT FOR PARTICIPATION IN THE SENTENCING TO SERVICE PROGRAM
THIS AGREEMENT, by and between the County of Scott, Minnesota, hereinafter referred to as "County,"
and the City of Prior Lake in the County of Scott hereinafter referred to as "City,"
REelT ALS
1. Minn. Stat. Sec. 609.135, subdivision 1, provides that a court may order non-institutional sanctions for a
defendant, including "Sentencing to Service" (STS)
2. Pursuant to Minn. Stat. Sec. 241.20 through 241.23, the Commissioner of Corrections may make
inmates available to the head of any state department or agency for conservation and other work upon
any land, which is within the jurisdiction or control of such department or agency.
3. County has authority pursuant to Minn. Stat. Sec. 373.01, subdivision 1, to hold real property and to
make contracts in relation to the property and concerns of County necessary to the exercise of its
corporate powers.
4. County and City have authority pursuant to Minn. Stat. Sec. 471.59 to jointly or cooperatively exercise
any power common to the contracting parties or any similar powers.
5. County and City have determined that it is in the public interest to establish joint community service
projects utilizing "Sentencing to Service" personnel.
6. County and City have agreed that County shall assume record keeping and financial accounting
responsibilities with respect to contract administration, work performance, and financial participation
verification of the parties hereto.
NOW THEREFORE, in consideration of the mutual undertakings and agreement contained within this
contract, County and City hereby agree as follows:
JOINT POWERS
A. County and City agree to jointly and collectively establish community service projects utilizing
"Sentencing to Service" personnel for the collective benefit of County, City, and their citizens.
B. County shall pay directly to the Minnesota Department of Corrections, County and City's share of the
costs of a crew leader and placing the crews into service on the STS program. City agrees to pay to
County directly its share of the program costs as outlined in Section 3, herein. County and City hereby
agree that the sole purpose of this agreement is to facilitate the receipt by City of qualified conservation
and beautification projects by "Sentencing to Service" personnel for County and City and to facilitate
the reimbursement to County of monies for services provided on behalf of the individual city
participants. It is contemplated that no property, whether personal or real, will be acquired as a result
of this Joint Powers Agreement. County hereby assumes the various financial accounting, work
participation, and other contract administration responsibilities. This agreement is not intended to
provide to any of the various members of the agreement any authority or responsibility.
R:\Council\2009 Agenda Reports\12 07 09\Sentencing to Service IPA.doc
Sentence To Service Joint Powers Agreement
City of Prior Lake
Page 2 of 5
SCOPE OF SERVICES
A. County shall forward progress reports to City bi-yearly to include:
(1) Date of service
(2) Location and type of service performed
(3) Size of crew performing project
(4) Total number of hours worked by STS clients
B. The crew leader shall base the work crews in Scott County. In an agreement with the State, County
shall agree that work of the crews under that agreement shall be divided as follows: 1/2 State referred
projects and 1/2 County and its local municipalities (Cities) referred projects. All projects under the
County and Cities 1/2 shall be performed within Scott County.
C. City shall receive at least twenty (20) crew days during the terms of this Agreement for service on
projects referred by City. The dates of the crew shall be determined jointly between County and City.
A minimum of 6 hours on site by crew shall be considered a work crew day. A half day of work crew
service shall be considered 3 hours on site by crew.
D. A work crew shall be defined as a minimum of 4 persons present to perform agreed upon duties.
E. The crew leader shall train each work crew in safety principles and techniques relevant to the work
being done.
F. Proposed work projects will be submitted by County, City, and State (DNR or DOC) to the crew leader
in advance whenever possible. The DOC is responsible for screening projects to determine which
projects meet STS guidelines. Crew leader is responsible to coordinate work project schedule and
notify County and City if work project is accepted and when it is scheduled to be performed.
G. It is the City's responsibility to certify in writing to the appropriate bargaining agent that the work
performed by offenders on City referred projects will not result in the displacement of current
employees or seasonal workers to include reduction in hours, wages, or other employment benefits.
H. It is the City's responsibility to obtain any necessary work permits or permissions for work performed
by offenders on City referred projects. Such documentation must be provided to the STS Crew Leader
in advance of any work being preformed.
TERMS OF PAYMENT
A. Scott County agrees to pay to DOC an amount not to exceed Seventy Eight Thousand Two Hundred
Sixty Eight and 00/100 dollars ($78,268.00) on or before June 30, 2011, for the DOC cost of providing a
crew leader and placing the work crews into service on the STS Program during the term of this
agreement.
B. As their share of the cost of providing a crew leader and placing the work crews into service on the STS
Program during the term of this agreement, all similarly participating cities shall individually pay to
County, an amount not to exceed Six Thousand Four Hundred Fifty Four and 00/100 dollars
($6,454.00). The actual amount due will be determined by the number of cities participating and will
be payable to County on or before December 31, 2010.
R:\Council\2009 Agenda Reports\12 07 09\Sentencing to Service lPA.doc
Sentence To Service Joint Powers Agreement
City of Prior Lake
Page 3 of 5
EFFECTIVE DATE OF CONTRACT
This contract shall be effective January 1, 2010.
TERM OF CONTRACT
This contract shall remain in effect until December 31, 2010, or until all obligations set forth in this
agreement have been satisfactorily fulfilled, whichever occurs earlier.
AUTHORIZED AGENTS
The parties shall appoint authorized agents for the purpose of administration of this contract. Authorized
agents are as follows:
Al Godfrey
Scott County Court Services
200 4th Avenue West, JC148
Shakopee MN 55379-1382
(952) 496-8260
TERMINATION
Frank Boyles
City Manager
Prior Lake City Hall
4646 Dakota Street SE
Prior Lake, MN 55372
This contract may be terminated by any party, with or without cause, upon 30 (thirty) days written notice
to the Authorized Agents of the other parties hereto.
NOTICES
Any notices to be given under this contract shall be given by enclosing the same in a sealed envelope,
postage prepaid, and depositing the same in the United States Postal Service, addressed to the authorized
agents of the parties at the addresses stated herein.
CONTROLLING LAW
This contract is to be governed by the laws of the State of Minnesota.
SUCCESSORS AND ASSIGNS
The parties hereto, respectively, bind themselves, their partners, successors, assigns, and legal
representatives to the other party to this contract and to the partners, successors, assigns, and legal
representatives of such other party with respect to all covenants of this contract. No party shall assign,
sublet, or transfer any interest in this contract without the prior written consent of the others.
DISTRIBUTION OF PROPERTY AND SURPLUS FUNDS
There is not intent to acquire property. However, if property is acquired, County will acquire it and any
surplus funds will be divided amongst the participating cities in proportion to their contribution under
"Terms of Payment."
R:\Council\2009 Agenda Reports\ 12 07 09\Sentencing to Service lP A.doc
Sentence To Service Joint Powers Agreement
City of Prior Lake
Page 4 of 5
CHANGES
The parties agree that no change or modification to this contract, or any attachments hereto, shall have any
force or effect unless the change is reduced to writing, dated, and made part of this contract. The
execution of the change shall be authorized and signed in the same manner as for this contract.
SEVERABILITY
In the event any provIsIon of this contract shall be held invalid and unenforceable, the remammg
provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability would
cause the contract to fail its purpose. One or more waivers by either party of any provision, term,
condition, or covenant shall not be construed by the other party as a waiver of a subsequent breach of the
same by the other party.
INDEMNIFICATION
County shall save and protect, hold harmless, indemnify, and defend City, its officers, agents, employees
and volunteer workers against any and all liability, causes of action, claims, loss, damages or cost and
expense arising from allegedly arising from, or resulting directly or indirectly from any professional errors
and omissions and/ or negligent acts and omissions of County in the performance of this agreement.
City shall save and protect, hold harmless, inderrmify, and defend County, its commissioners, officers,
agents, employees and volunteer workers against any and all liability, causes of action, claims, loss,
damages or cost and expense arising from, allegedly arising from, or resulting directly or indirectly from
any professional errors and omissions and/or negligent acts and omissions of [City] in the performance of
this agreement.
INJURY TO CREW MEMBER
Claims or demands arising out of the injury or death of a crewmember shall be governed by Minn. Stat.
Sec 3.739.
COUNTY AND STATE AUDIT
Pursuant to Minn. Stat. Section 16C.05, Subd. 5 (2007), the books, records, documents, and accounting
procedures and practices of City relative to this agreement shall be subject to examination by the County
and the State Auditor. Complete and accurate records of the work performed pursuant to this agreement
shall be kept by City for a minimum of six (6) years following termination of this agreement for such
auditing purposes. The retention period shall be automatically extended during the course of any
administrative or judicial action involving the County of Scott regarding matters to which the records are
relevant. The retention period shall be automatically extended until the administrative or judicial action is
finally completed or until the authorized agent of the County notifies City in writing that the records need
no longer be kept.
DATA PRACTICES
City, its agents, employees and any subcontractors of City in providing all services hereunder, agree to
abide by the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as amended,
and Minn. Rules promulgated pursuant to Ch. 13. The City agrees to indemnify and hold County, its
R:\Council\2009 Agenda Reports\ 12 07 09\Sentencing to Service lP A.doc
Sentence To Service Joint Powers Agreement
City of Prior Lake
Page 5 of 5
officers, department heads and employees harmless from any claims resulting from the City's unlawful
disclosure, non-disclosure, or use of data protected under state and federal laws.
TORT LIABILITY OF POLITICAL SUBDIVISIONS
Tort claims or demands against County or City shall be governed by Minn. Stat. Sec. 466.01 et seq.
ENTIRE AGREEMENT
It is understood and agreed that the entire agreement of the parties is contained herein and that this
agreement supersedes all oral agreements and negotiations between the parties relating to the subject
matter hereof as well as any previous agreements presently in effect between County and City relating to
the subject matter hereof.
IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be
bound thereby.
SCOTT COUNTY
CITY OF PRIOR LAKE
by:
Gary Shelton, County Administrator
by:
Mayor
Date:
Date:
Attest:
City Manager
Date:
Date:
R:\Council\2009 Agenda Reports\12 07 09\Sentencing to Service lPA.doc
Date crew size man-hours hours on site crewleader hours
06/29/09 Yz day 12 48 4 4
09/08/09 6 42 7 7
09/11/09 4 24 6 6
09/14/09 5 35 7 7
09/16/09 4 24 6 6
Total days Ave.. crew size Total man-hours Hours on site Crewleader hours
27.5 8.65 1835 227 275
Days not counted due to small crew size
09/15/09
09/18/09
Total days
2
1 8
2 14
Ave.. crew size Total man-hours
1.5 22
8 0
7 7
Hours on site Crewleader hours
15 7
Days not counted due to a Juvenile crew
06/11/09 4 24 6 6
06/18/09 3 12 4 4
08/12/09 3 12 4 4
08/19/09 3 9 3 3
Total days Ave.. crew size Total man-hours Hours on site Crewleader hours,
4 3.25 57 17 17
Total Hours: 2213
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Prior Lake days
Date crew size man-hours hours on site crewleader hours
01/16/09 Yz day 4 16 4 4
01/18/09 5 40 8 8
01/20/09 7 56 8 8
01/21/09 4 32 8 8
01/25/09 8 64 8 8
01/28/09 9 72 8 8
01/29/09 9 72 8 8
02/02/09 7 56 8 8
02/05/09 Yz day 6 24 4 8
02/08/09 5 40 8 8
03/10/09 15 120 8 8
03/11/09 12 96 8 8x2 = 16
03/16/09 9 72 8 8
03/18/09 8 64 8 8x2= 16
03/23/09 12 96 8 8
03/24/09 13 104 8 8
03/30/09 10 80 8 8
03/31/09 11 88 8 8x2= 16
04/22/09 6 48 8 8x2= 16
05/06/09 10 80 8 8x2= 16
05/07/09 7 56 8 8x2= 16
05/08/09 8 64 8 8
05/19/09 6 48 8 8
06/15/09 16 96 6 6