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HomeMy WebLinkAbout4E - Prosecution Services AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: STAFF AGENDA REPORT o 4E ~^^'~\ FRANK BOYLES, CITY MANAGER\ CONSIDER APPROVAL OF AMEN ENTS TO JOINT POWERS AGREEMENT FOR PROSECUTION SERVICES MARCH 4,1996 The Cities of Jordan and Shakopee have acted to join the Scott Joint Prosecution Association (SJPA). The joint powers agreement therefore needs amendment(s). The Cities of Prior Lake, Belle Plaine, Savage, Elko and New Market founded the SJPA in late 1991 to provide a higher level of prosecution services to member cities at an economical cost to taxpayers. 1992 was the first full year of operation. A joint powers agreement, consistent with MN. Statute 471.59, was adopted as the administrative means for this collective activity. Through the agreement, each member city has direct representation on the SJPA board. Each city has a board representative. Each city contributes a pro rata share of the total budget based on the percentage of cases generated on behalf of that particular city. The SJPA board meets on an "as needed" basis. The City of Jordan joined the SJPA in 1995, but no action was taken to amend the underlying joint powers agreement. The City of Shakopee now desires to join the SJPA and it therefore seems appropriate to amend the agreement to reflect the current membership. It is also an opportunity to clarify some other matters in the ag reement. 16200 8&~~(g~ek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ambiguity and confusion that has manifested in some past circumstances. 7. Addition of the second #2 on page one, first paragraph to expressly designate one of the prosecutors as the administrative "head" for purposes of ongoing daily affairs. In the past the SJPA has designated Pat Ciliberto for this role by virtue of its contract with him. 8. Addition to second paragraph #2 on page 2 to make it clear that all other SJPA staff members report to and are supervised by the chief prosecutor/administrator. The language re-enforces appropriate relationships and hierarchy among SJPA staff members. 9. Modifications and additions to paragraph 9 to eliminate an archaic date reference and to set duration and renewal on an annual basis. Other terms concerning termination remain untouched and should provide member cities with appropriate options for action. ALTERNATIVES: The alternatives include: 1. Adopt the amended joint powers agreement as part of the consent agenda. 2. Remove this item from the consent agenda and consider further amendments to the agreement. RECOMMENDATION: Alternate #1. These changes are housekeeping in nature and do not have financial or operational impact. ACTION REQUIRED: Motion and second as part of the consent agenda to approve the amended joint powers agreement. Attachment AGNOJ04.DOC SCOTI JOINT PROSECUTION ASSOCIATION PROJECTED BUDGET EXPENSES FOR CALENDAR YEAR 1996 IF THE CITY OF SHAKOPEE JOINS CITY Total Cases Projected 1996 1996 Adopted in 1995 (not Expenses with Budget Expenses including arraignments) Shakopee joining w/out Shakopee Savage 556 (29%) $80,206.00 (29%) $83,830.00 Prior Lake 462 (24%) $66,378.00 (24%) $67,473.00 Belle Plaine 139 (7%) $19,360.00 (7%) $20,957.00 ElkofNew Market 20 (1 %) $ 2,765.00 (1 %) $ 3,578.00 Jordan 201 (10%) $27,657.00 (10%) $28,624.00 Shakopee 572 (29%) $80,206.00 (29%) 1950 cases opened $276,572.00 (100%) $204,463.00 JOINT POWERS AGREEMENT for PROSECUTION SERVICES THIS AGREEMENT, originally entered into this 8th day of JulY, 1991, and as hereby amended on the 20th day of Februarv, 1996 by and between the CITIES of BELLE PLAlNE, ELKO, JORDAN, NEW MARKET, PRIOR LAKE, SAVAGE, and SHAKOPEE Minnesota, all of which are Minnesota municipal corporations organized and opera- ting under state law, hereinafter collectively referred to as "the CITIES". RECITALS 1. Each of the CITIES individually has the power and responsibility to prosecute cr~inal matters within its respective jurisdiction. 2. Each of the CITIES has previously contracted with private law firms or provided "in house" counsel for prosecution services but believes that such services can be obtained more conveniently and more economically on a joint basis by means of this Agreement. 3. The CITIES desire to enter into this Agreement for the purpose of providing for the joint exercise of their prosecutorial powers according to the authority and procedures set forth in Minnesota Statues Section 471.59, the Joint Exercise of Powers Act. HOW, TBBRBPORB, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. Joint Powers Board. A Joint Powers Municipal Prosecution Board ("the BOARD") is hereby created. Members of this BOARD shall be the City Manaaer /Administrator or Police Chief of the member city. The BOARD may exercise its powers in order to accomplish the purposes of this Agreement consistent with Minnesota Statute Section 471.59 and other applicable laws. Each of the CITIES of Belle Plaine, Jordan, Prior Lake, Savage, and Shakopee shall appoint one (1) individual to serve on a Joint Powers Board, hereinafter referred to as "the BOARD". The CITIES of Elko and New Market may each appoint one (1) representative to serve on the BOARD, with each of the representatives of those cities having one-half (1/2) vote. Each member shall serve until replaced by the member's respective City. The number of representatives totaling at least ~three and one-half (3L1/2) votes shall constitute a quorum for the purposes of conducting BOARD b~siness. The BOARD shall be the employer of the employees providing prosecution and support services under this Agreement and shall have the authority to hire, fire, discipline and adopt personnel rules for employees of the BOARD. For the purposes of compensation and personnel practices. the BOARD shall be auided by the compensation and personnel practices of the City of Savaae. Onder no circumstances shall the BOARD'S employees be deemed employees of any of the CITIES. The BOARD shall meet at least quarterly to review the quality of the prosecution services. The BOARD shall make recommendations to the CITIES regarding improvement of prosecution, stricter or less-strict plea bargains, job performance of the affected employees, and other matters related to this Agreement. Each of the CITIES also may adopt its own prosecution policies which shall be followed by the prosecutor when handling cases from that City. 2. Board Staff and Administration. The BOARD shall advertise for and hire one or more prosecutors and secretaries or legal assistants who shall be employees of the BOARD. The BOARD shall desianate one of the prosecutors as chief prosecutor and administrator over the daily affairs of the Association. The number of staff hired and whether they are part or full-time shall depend on Joint Powers Agreement for Prosecution Services Page 2 of 5 the case load to be handled. Thev shall report to and be supervised bv the chief prosecutor/administrator on behalf of the BOARD. The City of Savage shall be the administrative and fiscal agent for the BOARD and shall provide office space, supplies, payroll, and benefits for BOARD staff. All hiring, firing, and other personnel decisions relating to BOARD staff shall be made by the BOARD. The CITIES shall contribute a sum of money as set forth below to cover each City's proportionate share of the costs of performing prosecutorial services under this Agreement. All BOARD staff shall be qualified and licensed to perform such services. None of the work or services covered by this Agreement shall be subcontracted without the prior approval of the BOARD, except in an emergency. 3. Budaet. By August 1st in each year, the BOARD shall prepare a proposed budget for prosecution services, which shall be forwarded to the City Administrator or City Manager of each of the Cities for review. Any City objecting to the proposed budget shall so notify the BOARD. In the event the objection is not resolved, such City shall have the right to terminate this Agreement upon one hundred twenty (120) days' prior written notice, if such notice is given on or before September 1st. 4. Cost Sharina. Each month the BOARD shall submit a bill to each of the CITIES detailing the amount due for that City's proportionate share of prosecutorial services. Within thirty (30) days, each City shall pay to the BOARD the billed amount. This amount shall be equal to "r", as expressed in the formula r = x (y / z), where: x = one-twelfth of the total current annual (or annualized, if this contract starts at a time other than the beginning of the fiscal year) prosecution budget. y = the number of calendar calls set for that particular City for the previous month. z = the total number of calendar calls set for all the cities the previous month. The CITIES shall assist and cooperate with one another in keeping prosecution costs down by covering for each other when prosecution personnel are on vacation, ill, or otherwise unavailable for court, or where representation would result in a conflict of interest. 5. Costs Limited. The BOARD shall keep track of the calendar calls billable under this Agreement at all times. The BOARD shall notify the CITIES if the BOARD anticipates that the costs may exceed one hundred ten (110%) percent of the estimated budget total set forth in the budget attached hereto as Exhibit A. In the event actual expenditures or costs do exceed one hundred ten (110%) percent of the budget, the BOARD shall bi.ll he CITIES proportionately, by averaging their percentage established as (y / z) in paragraph 4 above for the previous six ( 6 ) months, for cost overruns. Any budget underruns shall be refunded back to the CITIES proportionately. Any City unsatisfied with any overruns may elect to terminate this Agreement upon ninety (90) days prior written notice as provided below. 6. Ci.vil Matters. A City may request BOARD legal staff to handle civil legal matters, such as zoning enforcement, personnel issues, liquor licensing questions, ordinance preparation, contract review, etc. Such requests shall be handled on a time-available basis only, and shall be billed back to the request- ing City at actual cost on an hourly basis. Billings from civil matters shall be used to offset the total prosecution budget. 7. Bxchanae of Data. All information, data, and reports as are existing, available and necessary for carrying out prosecution services under this Agreement, including police reports and arrest records, shall be furnished Joint Powers Agreement for Prosecution Services Page 3 of 5 to BOARD staff without charge, and the CITIES shall cooperate in every way possible in carrying out prosecution services. 8. Confidentiality. Any reports, data, or similar information given to, prepared or assembled by the BOARD or BOARD staff under this Agreement, which the BOARD or any of the CITIES requests to be kept confidential, shall not be made available to any individual or organization by the BOARD, BOARD staff, or any of the CITIES without prior written approval of the concerned party, consistent with the Minnesota Government Data Practices Act or other applicable statutes. This paragraph shall not apply to documents which are required to be public under the Government Data Practices Act or other applicable law. 9. Duration and Renewal. TRis 1\ ljEBBmBR"ti E\iRS tEem "tiRe aa"tie se"ti feRA aSs y-e ~s DeeeEeE' 61, 1991. This Agreement shall be automatically renewed 2!l...A!1 annual basis ~Ae~eaf~eE and shall be valid for the next calendar year, unless terminated as set forth below. 10. Termination as to One Party. This Agreement may be terminated by any City at the end of any calendar year upon six (6) months prior written notice, or at any time with the express approval of all other parties hereto. This Agreement may be terminated by any City upon one hundred twenty (120) days prior written notice given on or before October 1st for objection to the proposed budget, or at any time upon one hundred twenty (120) days prior written notice for cost overruns, as set forth above. Prior to termination by any City, the proposed reasons for termination shall be presented to the BOARD. The BOARD shall discuss these reasons and determine whether specific action should be requested to resolve the issue. All records pertaining solely to the terminating City shall be returned to that City. 11. Termination as to All Parties. In the event this Agreement is terminated in its entirety, all records pertaining solely to a particular City shal.l be returned to that City. All other records shall remain with the City of Savaae as custodian of such records. The records may be retained, stored, or disposed of according to state law and the City of Savaae's records retention policies. Any City may copy any public records at its own expense. All fixed assets shall be returned to the City which purchased them. Any remaining monies and expenses, including such employee expenses as unemployment compensation and payment for accumulated vacation, shall be shared by the CITIES in proportion to their contributions. Each City's contribution percentage shall be calculated by averaging its percentage established as (y / z) in paragraph 4 above for the previous six (6) months. 12. Indemnification. Each City shall indemnify and defend the BOARD and each of the other CITIES which is a party to this Agreement against, and hold each other harmless from, any and all claims, causes of action, administrative orders, costs, expenses, and liabilities of every kind and nature arising out of the BOARD'S hiring, training, supervision, and personnel actions under this Agreement, including attorneys fees and costs incurred by the BOARD or the CITIES in defending claims to establish or enforce such liabilities. Each of the CITIES shall indemnify and defend each other City and the- BOARD against, and hold each other City and the BOARD harmless from, any expenses and liabilities of every kind and nature arising out of the indemnifying City'S prosecution prior to this Agreement, its actions in entering into this Agreement, including attorneys fees and costs incurred by any of the CITIES or the BOARD in defending claims to establish or enforce such liabilities. 13 . Liability. budgeted funds for each shall cover professional proceedings costs. The liability and directors' The BOARD shall purchase liability insurance from attorney hired under this Agreement. This insurance liability, personal injury liability, and disciplinary BOARD may also, at its discretion, purchase general and officers' (errors and omissions) insurance. Jo~nt Powers Agreement for Prosecut~on Serv~ces Page 4 of 5 14. Amendment. Th~s Agreement may be amended only in writ~ng signed by all parties. 15. Notices. All notices required or permitted in this Agreement and required to be in writing may be given by first class mail addressed to any of the CITIES at their respect~ve City Ball. 16. Certification. Each of the CITIES certifies, by signing below, that this Agreement has been approved by that City'S governing body. IN WITNESS WHEREOF, this amended Agreement has been executed by the parties as of the day and year above written. CZT'!' OJ' DVMB, MR CJ:T'!' OP BBLLB PLADtB, HR By By Its Mayor Its Mayor By By Its C~ty Adm~n~strator Its City Admin~strator cJ:n OJ' PlUOR LAKE, HR CJ:T'!' OJ' BLXO, MR By By Its Mayor Date Its Mayor Date By By Its City Manager Date Its City Clerk Date cJ:n OP lIBW HARKBT, MR CI:T'!' OP JORDAN, MR By By Its Mayor Date Its Mayor Date By By Its City Clerk Date Its City Administrator Date cJ:n OJ' SBAltOPBB, MR By Its Mayor Date By Its City Administrator Date \SCOTT-JP\JP-P-svC.AGM (06/13/91) \SCOTT-JP\JP-p-svc.AGH (02/15/96)