HomeMy WebLinkAbout4G - Sentencing to Serve
CITY COUNCIL AGENDA REPORT
August 19, 2002
4G
Frank Boyles, City Manager
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING PARTICIPATION IN
THE SENTENCING TO SERVICE PROGRAM AND AUTHORIZING THE
MAYOR AND CITY MANAGER TO ENTER INTO A JOINT POWERS
AGREEMENT WITH SCOTT COUNTY.
DISCUSSION: History: Scott County initiated and Prior Lake has participated in the Sentencing
to Service Program for numerous years. The program allows persons convicted
of certain crimes to work off their debt to society. The City ahs used Sentencing to
Service crews to demolish buildings, paint structures, roof buildings, pull weeds,
clean out drainage ditches, and a wide variety of other functions. Through this
program the City receives low-cost labor to accomplish maintenance-related
work,
Current Circumstances: The County and City participate in this program through
the adoption of a Joint Powers Agreement. The Agreement is for a period of tow
years. The City's responsibility for the two-year period is $5217 which is typically
paid through the park maintenance budget. For that investment, the City receives
hundreds of person hours per year.
ISSUES:
This program has proven to be valuable to the City, County, taxpayer and society,
There appear to be no reasons why the City should not enter into the Joint
Powers Agreement. The Agreement has been reviewed and approved by the City
Attorney.
ALTERNATIVES: (1) Adopt the attached resolution authorizing participation in the program and
execution of the Joint Powers Agreement.
(2) Take no action.
RECOMMENDED
MOTION: Alternative (1),
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
1:\COUNCIL\AGNRPTS\2002\SENTENCE TO~V~IOJ&OOUNITY EMPLOYER
RESOLUTION 02' J 31
A RESOLUTION AUTHORIZING PARTICIPATION IN THE
SENTENCING TO SERVICE PROGRAM
AND AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER
INTO A JOINT POWERS AGREEMENT WITH SCOTT COUNTY.
Motion By:
Second By:
WHEREAS, the City Council desires to participate in the Sentencing to Service Program; and
WHEREAS, the County has requested that the City enter into a joint powers agreement for this
purpose.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA that:
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 through June 30, 2003.
PASSED AND ADOPTED THIS 19th DAY OF AUGUST, 2002.
Haugen Haugen
Gundlach Gundlach
leMair leMair
Petersen Petersen
Zieska Zieska
YES
NO
City Manager, City of Prior Lake
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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 non-institutional sanctions for a
defendant, including "Sentencing to Service" (STS)
2. Pursuant to Minn. Stat. See. 241.20 through 241.23, the Commissioner of Corrections may make
inmates available to the head of any state deparbnent or agency for conservation and other work upon
any land, which is within the jurisdiction or control of such deparbnent or agency.
3. The County has authority pursuant to Minn. Stat. See. 373.01, subdivision 1, to hold real property and
to make agreements in relation to the property and concerns of the County necessary to the exercise of
its corporate powers.
4. The County and the City have authority pursuant to Minn, Stat. See. 471.59 to jointly or cooperatively
exercise any power common to the agreeing parties or any similar powers.
5, The County, and the City have determined that it is in the public interest to establish joint community
service projects utilizing "Sentencing to Service" personnel.
NOW THEREFORE, in consideration of the mutual undertakings and agreement contained within this
agreement, the County, and the City hereby agree as follows:
JOINT POWERS
A. The County and the City agree to jointly and collectively establish community service projects utilizing
"Sentencing to Service" personnel for the collective benefit of the County, the City and their citizens.
B. The County shall pay directly to the Minnesota Deparbnent of Corrections (DOC), the County and the
City's share of the costs of a crew leader and placing the crews into service on the STS program
outlined in that Joint Powers Agreement between the Deparbnent of Corrections and Scott County
effective July 1, 2001, and incorporated herein by reference as Exhibit A. The City agrees to pay to the
County directly its share of the program costs as outlined in Section 3, herein. The County and the City
hereby agree that the sole purpose of this agreement is to facilitate the receipt by the City of qualified
conservation and beautification projects by "Sentencing to Service" personnel for the County and the
City as provided for in Exhibit A, and to facilitate the reimbursement to the 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. The County
hereby assumes record keeping and financial accounting responsibilities with respect to agreement
administration, work performance, and financial participation verification of the parties hereto. This
agreement is not intended to provide to any of the various members of the agreement any authority or
responsibility not specifically outlined in Exhibit A.
Sentence To Service Joint Powers Agreement
City of Prior Lake
Page 2 of 5
SCOPE OF SERVICES
A. The County shall forward progress reports to City periodically 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. Work of the crews shall be divided as
follows: 1/2 State referred projects and 1/2 County or City referred projects. All projects shall be
performed within Scott County.
C. The crew leader shall train each work crew in safety principles and techniques relevant to the work
being done.
D. Suggestions for work projects will be submitted by the County, the City, and the State (DNR or DOC)
to the crew leader. The DOC is responsible for screening projects to determine which projects meet
STS guidelines.
E. Upon request by the County, the City shall certify to any appropriate bargaining unit agent the work
performed by inmates will not result in the displacement of currently employed workers or workers on
seasonal layoff from a substantially equivalent position, including partial displacement such as
reduction in hours of non-overtime work, wages or other employment benefits. Upon request, the City
shall arrange access as necessary to work sites for DOC for the purpose of performing the work
described in this agreement.
TERMS OF PAYMENT
A. Scott County agrees to pay to DOC an amount not to exceed $93,900.00 on or before June 30, 2003, 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, the City shall pay one-half of the agreement amount. The
City shall individually pay to the County, an amount not to exceed Five Thousand Two Hundred
Seventeen dollars ($5,217.00) for the agreement period and will be payable in two installments on or
before July 1, 2001, and on or before January 1, 2002.
EFFECTIVE DATE OF AGREEMENT
This agreement shall be effective July 1, 2001.
TERM OF AGREEMENT
This agreement shall remain in effect until June 30, 2003, or until all obligations set forth in this agreement
have been satisfactorily fulfilled, whichever occurs earlier.
Sentence To Service Joint Powers Agreement
City of Prior Lake
Page 3 of 5
AUTHORIZED AGENTS
The parties shall appoint authorized
Authorized agents are as follows:
agents for the purpose of administration of this agreement.
Therese McCoy
Scott County Court Services
200 4th Avenue West, JC148
Shakopee MN 55379-1382
(952) 496-8260
TERMINATION
F rank Boyles
City Administrator
Prior Lake City Hall
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
This agreement 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 agreement 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 agreement 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 agreement and to the partners, successors, assigns, and legal
representatives of such other party with respect to all covenants of this agreement. No party shall assign,
sublet, or transfer any interest in this agreement without the prior written consent of the other parties to
this agreement.
CHANGES
The parties agree that no change or modification to this agreement, or any attachments hereto, shall have
any force or effect unless the change is reduced to writing, dated, and made part of this agreement. The
execution of the change shall be authorized and signed in the same manner as for this agreement.
SEPARABILITY
In the event any provision of this agreement 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 agreement 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.
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
Sentence To Service Joint Powers Agreement
City of Prior Lake
Page 4 of 5
matter hereof. This agreement supersedes and terminates the agreement between the Department of
Corrections and Scott County executed by Scott County on November 28, 2001, and by the Department of
Corrections on November 15,2001.
INDEMNIFICATION
County shall save and protect, hold harmless, inderrmify, and defend the 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 the 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 (1998), the books, records, documents, and accounting
procedures and practices of Provider 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 Provider 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 Provider in writing
that the records need no longer be kept.
DATA PRACTICES
Provider, its agents, employees and any subcontractors of Provider 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 Provider agrees to indemnify and hold
the County, its officers, department heads and employees harmless from any claims resulting from the
Provider's unlawful disclosure or use of data protected under state and federal laws.
Sentence To Service Joint Powers Agreement
City of Prior Lake
Page 5 of 5
TORT LIABILITY OF POLITICAL SUBDIVISIONS
Tort claims or demands against the County or the City shall be governed by Minn. Stat. Sec. 466,01 et seq.
IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed intending to be
bound thereby.
SCOT~UNTY
by: ~~v:t*
Da id J. Unmacht
Date: 7/3D/J~
CITY OF Prior Lake
by:
Mayor
Date:
Attest:
l1AMAAJ ~hD
City Administrator
Date:
'7/3D/6;J-
/ ,.
Date:
Income Contract No. .'1- -'tl33
(Provided by Department of Administration)
STATE OF MINNESOTA
DEPARTMENT OF CORRECTIONS
SENTENCING TO SERVICE
INCOME CONTRACT
This contract is between the State of Minnesota, acting through its commissioner of corrections, Sentencing to
Service Program ("State"), and Scott County, Scott County Court Services, Government Center JC 148,200 - 4th
Avenue West, Shakopee, MN 55379-1220 ("Purchaser").
Recitals
1. Under Minn. Stat. 9241.278 the State is empowered to enter into income contracts.
2. The Purchaser is in need of a Sentencing to Service program for non-dangerous offenders ordered to
perform community work service.
3. The State represents that it is duly qualified and agrees to provide the services described in this contract.
Contract
1 Term of Contract
1.1 Effective date: July 1,2001, or the date the State obtains all required signatures under Minnesota
Statutes Section 16C.05, subdivision 2, whichever is later.
1.2 Expiration date: June 30, 2003, or until all obligations have been satisfactorily fulfilled,
whichever occurs first.
2 State's Duties
The State will:
2.1 Provide crew leader(s) who will supervise up to 11 offender crewmembers each approximately 60
hours per week, including the hours crew leaders spend for daily preparation and communication.
2.2 Submit reports to Purchaser within sixty (60) days of the end of each quarter, which shall include the
following information:
a. Total number of clients served
b. Total number of clients completing STS obligation
c. Number of clients exiting prematurely
d. Total number of hours worked by STS clients
e. Dollar benefit of STS labor at $5.00 per hour
f. Description of work completed
RECr'"~VED
DEe 1 1 2001
sce ! COUNTY
COU;'l ,- SERVICES
2.3 Divide the work of offender crews evenly between State referred projects and purchaser referred
projects, some of which may be performed outside the Purchaser's jurisdiction.
2.4 Train each work crew in safety principles and techniques relevant to the work being done.
2.5 Screen projects to ensure that they meet Sentencing to Service guidelines.
3 Payment
The Purchaser will pay the State for all services performed by the State under this contract as follows:
3.1 As to Purchaser projects, certify in writing to the appropriate bargaining agent that the work performed
by offenders will not result in the displacement of currently employed workers on seasonal layoff from
STSINC 0203
Scott County
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a substantially equivalent position, including partial displacement such as reduction in hours on non-
overtime work, wages, or other employment benefits.
3.2 Obtain all necessary permits or licenses or special authority for all projects.
3.3 The total obligation of the Purchaser for all compensation and reimbursements to the State under this
contract is Ninety three thousand nine hundred and no/l 00 dollars, ($93,900.00) as its share ofthe cost
of providing a crew leader and placing the work crews into service on the STS program during the term
of this agreement. The Purchaser's share of the crew leader includes time scheduled for training,
vacation, sick leave and holidays based on the terms and condition of the AFSCME bargaining
agreement.
3.4 Terms of payment: Payment shall be made by the Purchaser to the State Twenty three thousand four
hundred seventy five and nail 00 dollars, ($23,475.00) before any work has begun; and Twenty three
thousand four hundred seventy five and nail 00 dollars, ($23,475.00) on December 31,2001; and
Twenty three thousand four hundred seventy five and nail 00 dollars, ($23,475.00) on June 30, 2002;
and Twenty three thousand four hundred seventy five and no/lOO dollars, ($23,475.00) on December
3 1,2002. Payment will be made no later than the 2300 day following the last day of the billing penod.
4 Authorized Representatives
The State's Authorized Representative is Jim Mitchell, STS Administrator, Department of Corrections,
1450 Energy Park Drive, Suite 200, St. Paul, MN 55 108 at 651.642.0337, or his/her successor.
The Purchaser's Authorized Representative is the Court Services Director.
5 Amendments, Waiver, and Contract Complete
5.1 Amendments. Any amendment to this contract must be in writing and will not be effective until it
has been executed and approved by the same parties who executed and approved the original
contract, or their successors in office.
5.2 Waiver. If the State fails to enforce any provision of this contract, that failure does not waive the
provision or its right to enforce it.
5.3 Contract Complete. This contract contains all negotiations and agreements between the State and
the Purchaser. No other understanding regarding this contract, whether written or oral, may be
used to bind either party.
6 Liability
Each party will be responsible for its own acts and behavior and the results thereof The State's
liability will be governed by the Minnesota Tort Claims Act, Minn. Stat. Sec. 3.736 and other
applicable laws. The Purchaser's liability will be governed by the provisions of the Municipal
Tort Claims Act Minn. Stat. Sec. eh. 466 and other applicable law. Claims or demands arising
out of injury or death of the crewmember will be governed by Minn. Stat. Sec. 3.739. In the event
the Purchaser fails to obtain the proper permits, licenses or special authority for work proj ects, the
Purchaser agrees to indemnify and hold the State, its representatives and employees harmless from
any and all claims or causes of action, including attorney fees incurred by the State arising from
the performance of that work project.
7 Government Data Practices
The Purchaser must comply with the Minnesota Government Data Practices Act, Minn. Stat. eh. 13, as it
applies to all data provided by the State under this contract. The civil remedies of Minn. Stat. S 13.08 apply
to the release of the data referred to in this clause by either the Purchaser or the State.
STSINC 0203
2
Scott County
If the Purchaser receives a request to release the data referred to in this Clause, the Purchaser must
immediately notify the State. The State will give the Purchaser instructions concerning the release of the
data to the requesting party before the data is released.
8 Publicity
Any publicity regarding the subject matter of this contract must notbe released without prior written
approval from the State's Authorized Representative.
9 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, governs this contract. Venue for all legal
proceedings out of this contract, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
10 Termination
Either party may terminate this agreement at any time, with or without cause, upon 30 days' written notice
to the other party .
11 State Audits
The books, records, documents, and accounting procedures and practices of the Purchaser relevant
to this contract shall be subject to examination by the contracting department and the Legislative
Auditor for six years from the end of the contract.
12 Other Provisions
12.1 The STS program will accept only non-dangerous offenders who are ordered to perform
community services.
12.2 Purchaser is responsible for complying with the ADA, 42 V.S.C. Sec. 12101, and regulations
promulgated pursuant to it. The State is not responsible for issues or challenges related to
compliance with the ADA beyond its ovm routine use of facilities, services, or other areas covered
by the ADA.
12.3 The program shall be referred to as the Sentencing to Service Program and/or STS.
12.4 Any disagreement between the Purchaser and the State regarding operations of the program not
addressed in this contract shall be resolved between the authorized representatives of the parties.
STSINC 0203
3
Scott County
'_'_M_"__~__'..'""________."~_"___'.___'"--"~____~'-""--'-'.-,...----..-~~---
1. PURCHASER
The Purchaser certifies that the appropriate person(s)
have executed the contract on behalf of the Purchaser
as required by applic:lble articles, bylaws, resolutions,
or ordinances.
By
Title
Date
By
2. STATE AGENCY
With delegated authority
By
Title
Date
NOV 1 5 2001
3. Commissioner of Administration
As delegated to Materials Management Division
4. Attorney General
As to fonn and execution
I~
D:lte . /,0~E;;0 =--
Distribution
DOC Financial Services Unit - Original (fully execuled) contract
Purchaser
Stale's Authorized Representative
Budget Officer of Authorized Representative
Depanment of Administration - Malerials Management Division
STSlNC 0203
4
Scott County