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HomeMy WebLinkAbout5C Joint Powers Agreement for Scott CountyP p� U 1 1. 1 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: October 3, 2011 AGENDA #: 5C PREPARED BY: Frank Boyles, City Manager AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING AN AMENDMENT TO THE JOINT POWERS AGREEMENT FOR THE SCOTT COUNTY SENTENCING TO SERVICE PROGRAM AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE SAME. Introduction The purpose of this report is to determine if the Council wants the City to continue participating in the Sentencing to Service Program administered by Scott County for the period of July 1, 2011 through December 31, 2011. Histo 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 Facilities and Natural Resources / Fleet Manager Friedges and Park Maintenance Foreman Skluzacek report satisfaction with the number of workers and supervision provided in 2010. They list the following as projects that the Sentencing to Service program worked on in Prior Lake: 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 this year the City received a total of 12 days of service through this program. The amendment changes the way the County charges by using crew days. They will provide 20 crew days if their budget will allow and we call for it. If 20 crew days were provided, then the cost would be $6,647.62. Conclusion The Council should determine whether they wish to continue to participate in this program. Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 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. The proposed change in contract helps the County to address funding limitations and demand. 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 and amendment 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: rnkouncillagenda reports12011\10 0311 sentencing to service.doc 2 PRIO N U 4646 Dakota Street SE Prior Lake, MN 55372 'k 1 1VMSo' 0- RESOLUTION 11 -xxx A RESOLUTION TO AMEND THE JOINT POWERS AGREEMENT FOR THE SCOTT COUNTY SENTENCING TO SERVICE PROGRAM AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAME. 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 continue participating in the Sentencing to Service Program in 2011; and WHEREAS, The County has requested that the City enter into an amendment to the 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 an amendment to the Joint Powers Agreement with Scott County for the Sentencing to Service program for the period of July 1, 2011, through December 31, 2011. PASSED AND ADOPTED THIS 3rd DAY OF OCTOBER 2011. YES NO 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 AMENDMENT TO JOINT POWERS AGREEMENT This Amendment to the Joint Powers Agreement by and between the County of Scott, hereinafter referred as "County," and the City of Prior Lake, hereinafter referred as "City" approved on February 2, 2011 effective January 1, 2011 through December 31, 2011. WITNESSETH THAT: WHEREAS, Provider has entered into an agreement with the County, effective January 1, 2011 through December 31, 2011, for the provision of "Sentencing to Service" (STS); and WHEREAS, Provider and the County find it to be to their mutual benefit to revise the terms of the aforementioned Agreement; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree that the aforementioned Agreement is amended pursuant to the CHANGES Clause of the Agreement as follows: 1. The TERMS OF PAYMENT clause shall be amended effective July 1, 2011 to read as follows: A. City agrees to pay County three hundred thirty two dollars and thirty eight cents ($332.38) per day for crew services received. B. Terms of Payment County shall submit invoices on a quarterly basis to the authorized agent of the City for payment of work completed. Payments shall be made within thirty (30) days after receipt of invoices. 2. OTHER CONTRACT PROVISIONS All provisions of the aforementioned Agreement approved and not specifically amended hereto shall continue with full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands on the date written below. APPROVED AS TO FORM: SCOTT COUNTY BY: DATE: Jeanne Andersen for Pat Ciliberto Scott County Attorney DATE: Gary Shelton, County Administrator CITY OF PRIOR LAKE BY: Mayor DATE: City Administrator Date: 2