Loading...
HomeMy WebLinkAbout6G Sentencing to ServicePRIo U rr� ��NNFSO`t� 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGE ;A REPORT MEETING DATE: January 3, 2011 AGENDA #: 6G PREPARED BY: Frank Boyles, City Manage AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION 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. DISCUSSION: 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, 2011 through December 31, 2011. History 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. In 2009, the program cost was $6,225 to the City. In 2010, the cost was $6,454. 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 2010. They list the following as projects that the Sentencing to Service program worked on in Prior Lake this year: 1. Cut grass. 2. Buckthorn removal. 3. Silt fence removal. 4. Garbage pickup along the City boulevards. 5. Maintenance in our tree nursery. 6. Mulched landscape beds. 7. Cleaned up our old shop site. The County reports that, to date, the City received a total of 806 hours worked through this program in 2010. Had we hired temporary employees, we would have paid $10,478 to accomplish the same amount of work. Because our actual costs cannot exceed $6,647.62, Sentencing to Service was a more cost - effective way to get the job done. Phone 952.447.9800 / Fax 952.447.4245 / www.citvofpriorlake.com Conclusion The Council should determine whether the program is something we should participate in next year. ISSUES: 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. FINANCIAL The proposed share from the City for 2011 will be an amount not to exceed IMPACT: $6,647.62. Funding for this program is contained in the 2011 budget General Fund. ALTERNATIVES: 1. Adopt a resolution authorizing participation and execution of the Joint Powers Agreement for the Sentencing to Service program through December 31, 2011. 2. Elect not to participate in the program. RECOMMENDED Alternative #1. MOTION: 2 A Pw b U , trt � vxsso`V 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 11 -xxx A RESOLUTION TO AUTHORIZE PARTICIPATION IN THE SENTENCING TO SERVICE PROGRAM IN CALENDAR YEAR 2011 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 2011; and WHEREAS, The County has requested that the City enter into a joint powers agreement for this purpose which will not exceed $6,647.62 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, 2011, through December 31, 2011. PASSED AND ADOPTED THIS 3 DAY OF JANUARY 2011. YES Me M ser Myser Erickson Erickson Hedberg Hedber Keeney Keene Soukup Souku Frank Boyles, City Manager Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 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;' RECITALS 1. Minn. Stat. Sec. 609.135, subdivision 1, provides that a court may order stitutional sanctions for a defendant, including "Sentencing to Service" (STS) 2. Pursuant to Minn. Stat. Sec. 241.20 through 241.23, the Co s of Corrections may make inmates available to the head of any state department or age for co on and other work upon any land, which is within the jurisdiction or control of su ep ent or V. 3. County has authority pursuant to Minn. Stat. Sec. 1, subdivision 1, to ho operty and to make contracts in relation to the property and - rns of unty necessary of its corporate powers. 4. County and City have authority pursuant to Minn. Stat. 1.59 to jointly or cooperatively exercise any power common to the contracting arties or any similar rs. 5. County and City have determined that - ubhc interes . sh joint community service projects utilizing "Sentencing to Service" p so keeping and financial accounting Mane, and financial participation and agreement contained within this JOINT A. t and City , to jo' n collectively establish community service projects utilizing ncing to Service - onnel collective benefit of County, City, and their citizens. B. Coun y the Minnesota Department of Corrections, County and City's share of the costs of lacing the crews into service on the STS program. City agrees to pay to County d the program costs as outlined in Section 3, herein. County and City hereby agree thae of this agreement is to facilitate the receipt by City of qualified conservation and beaucts by "Sentencing to Service" personnel for County and City and to facilitate the reimCounty 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. Sentence To Service joint Powers Agreement City of Prior Lake Page 2 of 6 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 shall agree that work of the crews under that agreement shall b projects and 3/4 County and its local municipalities (Cities) County and Cities 3/4 shall be performed within Scott Co ty. C. City shall receive at least twenty (20) crew days d projects referred by City. The dates of the crew s A minimum of 6 hours on site by crew shall be service shall be considered 3 hours on site by crew. D. A work crew shall be defined as a minimum of 4 persons E. The crew leader shall train each work being done. F. Proposed work projects will be submitted bJ in advance whenever uasaible. The DOC i projects meet STS notify County an t if G. It is the City's re performed by offend emplo on we H. I e City's res fenders on City in ce of any work . I. County ntered into z leader is aCCE the a to perform agreed upon duties. relevant to the work (DNR or DOC) to the crew leader Bible Bening projects to determine which tsible coordinate work to schedule and when it is scheduled to be performed. ertify in writing Y`" e appropriate bargaining agent that the work will not result m the displacement of current to inc on in hours, wages, or other employment benefits. necessary work permits or permissions for work performed h documentation must be provided to the STS Crew Leader with the State of Minnesota which is attached as Exhibit A. A. As their share of tWe 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 Six Hundred Forty Seven and 62/100 dollars ($6,647.62). The actual amount due will be determined by the number of cities participating and will be payable to County on or before December 31, 2011. EFFECTIVE DATE OF CONTRACT Sentence To Service Joint Powers Agreement City of Prior Lake Page 3 of 6 This contract shall be effective January 1, 2011. TERM OF CONTRACT This contract shall remain in effect until December 31, 2011, 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 agents are as follows: Al Godfrey Scott County Court Services 200 4th Avenue West, JC148 Shakopee MN 55379 -1382 (952) 496 -8260 TERMINATION This contract may be terminated by any to the Authorized Agents of the other pa NOTICES Any notices to be given postage prepaid, and de agents of the parties 4 CONTROLLING SUCC Authorized 30 (thirty) days written notice sing the same in a sealed envelope, Service, addressed to the authorized ty, birtr themselves, their partners, successors, assigns, and legal °ty toAhis contract and to the partners, successors, assigns, and legal rty with respect to all covenants of this contract. No party shall assign, this contract without the prior written consent of the others. DISTRIBUTION OF 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." 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. Sentence To Service Joint Powers Agreement City of Prior Lake Page 4 of 6 SEVERABILITY In the event any provision of this contract shall be held invalid and unenforceable, the remaining 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. AL INDEMNIFICATION County shall save and protect, hold harmless, indemnify, and d d City, ficers, agents, employees and volunteer workers against any and all liability, causes ac , cla' damages or cost and expense arising from allegedly arising from, or resulting d' indirectly fro professional errors and omissions and /or negligent acts and omissions of C t in the performance o greement. City shall save and protect, hold harmless, inde defen ounty, its co ers, officers, agents, employees and volunteer workers against any 11 causes of a n, claims, loss, damages or cost and expense arising from, allegedly arising or resulting directly or indirectly from any professional errors and omissions an or negligent acts an ssions of [City] in the performance of this agreement. INJURY TO CREW MEMBER Claims or demands arising out of the injury or at a r shall be governed by Minn. Stat. Sec 3.739. z . - COUNTY AND STATE DATA PRACTICES City, its agents, empZis s and any subcontractors of City in providing all services hereunder, agree to abide by the provisio f th e 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 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. Sentence To Service Joint Powers Agreement City of Prior Lake Page 5 of 6 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. Sentence To Service Joint Powers Agreement City of Prior Lake Page 6 of 6 IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. SCOTT COUNTY by: CITY OF PRIOR LAKE ', -vr- Dat( Datf