Loading...
HomeMy WebLinkAbout5F - SJPA Amendment to JPA O� PRIO ti U �y 4646 Dakota Street SE �fNNES0 Prior Lake,MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: September 8, 2014 AGENDA#: 5F PREPARED BY: Bill O'Rourke, Chief of Police PRESENTER: Bill O'Rourke AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING AN AMENDMENT TO THE JOINT POWERS AGREEMENT FOR PROSECUTION SERVICES THROUGH THE SCOTT JOINT PROSECUTION ASSOCIATION DISCUSSION: Introduction The Scott Joint Prosecution Services Association Board of Directors has unanimously voted to contract with Scott County for prosecution services. The Board is also recommending that each of the SJPA member cities approve an amendment to the association bylaws that would provide for the SJPA with the ability to contract out for said services. The purpose of this agenda item and resolution is to seek Council approval of that amendment to the Joint Powers Agreement for prosecution service through the Scott Joint Prosecution Association. A copy of the present joint powers agreement is attached as is the proposed amendment to the JPA which has been incorporated into the approving resolution and becomes part of the new agreement. Also attached for council information is the "Prosecution Service Agreement" which enumerates the services which the county will provide under the new service arrangement. History The Scott Joint Prosecution Association (SJPA) was created in 1991 by five of the original seven cities in Scott County. Since that time all of the municipalities in Scott County have joined the Association that is governed by an Executive Board as set forth in the Joint Powers Agreement (JPA). The Executive Board is comprised of a representative from each member city. Presently, the Board make-up consists of six city administrators and on Police Chief. The SJPA prosecutes all petty misdemeanors, misdemeanors, and gross misdemeanors that occur in the seven cities in Scott County. The SJPA specialized in and is dedicated to only preform prosecution duties. Under the terms of the JPA, the SJPA works jointly with the Scott County Attorney's Office to effectively review police reports, make legal determination and ultimately prosecute crimes occurring in the member cities. The SJPA was originally housed in the basement of the, then, Wells Fargo Bank building in Shakopee, and continued to office in that building after it became the new Shakopee City Hall. In 2002, Pat Ciliberto, then the lead prosecuting attorney of the SJPA, was elected Scott County Attorney. In early 2003, the SJPA entered into a Joint Powers Agreement with Scott County, and the two entities agreed that prosecution services in Scott County would be consolidated. The goal was to provide prosecution services and resources which would be efficient and cost effective, and provide a high level of service to the Scott County law enforcement community and citizens. The SJPA attorneys were appointed as Special Assistant Scott County Attorneys, to allow them to assist in prosecution matters normally handled by county attorneys. And, the Assistant Scott County Attorneys helped the SJPA with their responsibilities as well. The SJPA moved its offices to the Scott County Attorney's Office at the Scott County Justice Center. Scott County was charging the SJPA $39,866 annually for rent which covered everything needed to competently and effectively prosecute cases, from desk to computer, phones to pens, from access to criminal histories to coffee in the break room. Other benefits provided through this arrangement included: • Full time front desk receptionist • Assistance in covering bail hearings • Eight hours of attorney time each week to assist in Monday arraignments • Eight hours of attorney time per month covering SJPA pretrial hearing in gross misdemeanor matters • Coverage one day a month to handle court trials (petty misdemeanor trials before a judge, usually traffic matters). • Assistance with first appearances in gross misdemeanor cases • Assistance with probation violations and sentencing hearing on Monday afternoons and Friday mornings • Alternating coverage for the First Appearance calendar on Friday mornings The annual costs paid by each of the members cities for these expenses would be significantly higher without the arrangement that was entered into in 2003. Current Circumstances In September of 2013, the SJPA Board contracted with Springsted, Inc. to conduct an evaluation of the SJPA structure to determine if it would be more cost effective to establish an organizational structure that would transfer the financial and management oversight to the Scott County Attorney's Office under a contractual agreement. The Springsted Report also analyzed four organizational staffing approaches: 1. Retain the present model and current practices. 2. Retain the present model and update practices to enhance the services and sharing of information. 3. Pursue a joint contract with the County Attorney's Office for SJPA services. Negotiate and draft a detailed agreement between the SJPA member cities and Scott County. 4. Return to a mode where individual cities contract for prosecution 2 services, as was the case prior to 1991. This could be done either individually or through an abandonment of the SJPA model. The Board was told in May of this year that the County was no longer interested in maintaining the existing model, which therefore limited the Boards options to 3 and 4 above. The recommended option, number 3 above, provided the Association members with the highest level of prosecution services at the most effective price—free! The Police Chiefs in each of the member cities have also provided input and insight into this review process. There is overwhelming support from the law enforcement community that we should maintain the positive relationship with the County Attorney's Office since the SJPA moved in with the County in 2003. Under the terms of the proposed agreement, the SJPA members would not be charged anything for prosecution services. However, all fine and penalty revenues generated would be retained by the County. So essentially, the member cities would continue to receive prosecution services at no cost. The budget cost for prosecution services and the fine and penalty revenue returned to the City of Prior Lake for the past five years is as follows: YEAR PAYMENT TO SJPA FINE/PENALY REVENUES RECEIVED 2010 $115,369.79 $81,369.37 2011 $176,922.53 $108,853.84 2012 $158,055.15 $110,649.79 2013 $157,961.05 $93,083.08 2014 YTD $157,958.05 $67,591.40 Prosecution costs have been a function of the percentage of case files opened by Scott Joint Prosecution for each of the member cities. As you can see from the table above, our prosecution costs have typically exceeded fine and penalty revenue. If in the future fine and penalty revenue are not adequate to cover the costs associated with the services provided, the County could seek additional payments from the SJPA member cities. The County would need to provide the SJPA Board with a one year advance notice of the need for additional payments. The Board would then have the ability to agree to the additional costs or seek to terminate the agreement and look to other options for prosecution services—which could include seeking proposals from private law firms, hiring their own employees to perform the services or disbanding the organization altogether and contracting out for prosecution services much like most cities currently do for civil legal services. On August 25, 2014 the SJPA Board met and unanimously approved recommending to each of the SJAP member cities that the SJPA Joint Powers Agreement be amended to provide the Board with the ability to contract with the County for prosecution services. A copy of the proposed amendments to the SJPA Joint Powers Agreement is attached in the form of the approving resolution. A complete copy of the joint powers is also included for your information. 3 The agreement with the County has a proposed effective date of October 1, 2014. FINANCIAL At this time there is no fiscal impact. IMPACT: ALTERNATIVES: 1) Adopt the Resolution as part of the consent agenda authorizing the Mayor and City Manager to approve the amendment to the Joint Powers Agreement merging SJPA into Scott County. 2) Deny approval and direct further action. RECOMMENDED Alternative 1 MOTION: 4 O� PRIOr U 4646 Dakota Street SE INNES��P Prior Lake,MN 55372 RESOLUTION 14-xxx A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO APPROVE AN AMENDMENT TO THE SCOTT JOINT PROSECUTION SERVICES JOINT POWERS AGREEMENT Motion By: Second By: WHEREAS, Prior Lake and the other Cities in Scott County have previously entered into an agreement to form a board capable of hiring and managing staff to perform prosecution services for the Cities; and WHEREAS, the Cities would like the board to be able to contract for staff services; and WHEREAS, the Cities find it to be to their mutual benefit to revise the terms of the Joint Powers Agreement for Prosecution Services as follows: 1. CLAUSE 6, Powers and Duties of the BOARD, paragraph b, SHALL BE AMENDED TO READ AS FOLLOWS: The BOARD may opt to contract with a separate entity for prosecution and support services under this Agreement or may employ individuals to perform prosecution and support services under this Agreement. If the BOARD opts to hire employees to provide prosecution and support services under this Agreement, the BOARD shall have the authority to hire, fire, discipline and adopt personnel rules for employees of the BOARD. Under no circumstances shall the BOARD'S employees be deemed employees of any of the CITIES. If the BOARD opts to be an employer: 2. CLAUSE 7, SJPA Staff and Administration, SHALL BE AMENDED TO READ AS FOLLOWS: A. The BOARD shall have the authority to contract for all services necessary to achieve the goals of the Agreement, including, but not limited to, prosecutor, administrative support, and fiscal agency services. 1). The CITIES shall assign all rights and interests to fine, penalty and fee monies arising out of the prosecutions handled under this Agreement to the BOARD and further agree that the BOARD shall have the authority to assign or use said monies to finance activities under this Agreement. 2). If at any time it is determined that the funds set out above are insufficient to pay for the services contemplated herein, 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 http:llsplashlteamslam/October 4 2010109 08 20141SJPA Merger Resolution.dou services under this Agreement. None of the work or services covered by this Agreement shall be subcontracted without the prior approval of the BOARD, except in an emergency. B. As an alternative to contracting work, the BOARD may opt to act as the employer, in which case it may advertise for and hire one or more prosecuting attorneys, secretaries, and legal assistants who shall be employees of the SJPA. All SJPA attorneys must be licensed and qualified to perform their job duties. Under this option, the BOARD shall designate one of the prosecutors as the Chief Prosecutor who shall administer the daily affairs of the SJPA and report to the BOARD. The number of staff hired and whether they are part or full-time shall depend on the case load to be handled. The SJPA staff shall report to and be supervised by the Chief Prosecutor on behalf of the BOARD. None of the work or services covered by this Agreement shall be subcontracted by the cities or the SJPA staff without the prior approval of the BOARD, except in an emergency. Under this option, 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 BOAD and payment shall be the same as set out above. 3. CLAUSE 10, Civil Matters, BY ADDING THE FOLLOWING AS THE FIRST LINE: Where the BOARD has opted to act as an employer: 4. OTHER CONTRACT PROVISIONS: All provisions of the aforementioned Agreement approved and not specifically amended hereto shall continue with full force and effect. 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 approve an amendment to the Joint Powers Agreement on behalf of the City of Prior Lake. PASSED AND ADOPTED THIS 8h DAY OF SEPTEMBER 2014. VOTE Hedberg Keeney McGuire Morton Soukup Aye ❑ ❑ ❑ ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Frank Boyles, City Manager httpl/splash/teams/am/October 4 2010/09 08 2014/SJPA Merger Resolution.doa 2 JOINT POWERS AGREEMENT For PROSECUTION SERVICES THIS AGREEMENT, entered into the 14"day of December, 2009 by and between the CITIES OF BELLE PLAINE, ELKO NEW MARKET, JORDAN,NEW PRAGUE, PRIOR LAKE, SAVAGE AND SHAKOPEE,Minnesota, all of which are Minnesota municipal corporations organized and operating under state law,hereinafter collectively referred to as "the CITIES". RECITALS 1. Each of the CITIES individually has the power and responsibility to prosecute criminal 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 Statutes Section 471.59, the Joint Exercise of Powers Act. NOW,THEREFORE,in consideration of the mutual promises and covenants contained herein,the parties agree as follows: 1. Scott County Joint Prosecution Association. Pursuant to the authority provided for in Minnesota Statute Section 471.59 the CITIES desire to exercise their prosecutorial authority by establishing one entity to provide prosecutorial services to the CITIES. The CITIES hereby establish the Scott County Joint Prosecution Association(PROSECUTION ASSOCIATION.) This Joint Powers Agreement sets out the purpose, governance, duties and responsibilities of the CITIES and the PROSECUTION ASSOCIATION. 1.1 Governance. The Scott County Joint Prosecution Association shall be governed by a Board which is hereby created and shall be referred to as the Scott County Prosecution Association Board(or`BOARD".)The BOARD may exercise such powers as necessary to accomplish the purposes of the Agreement consistent with Minnesota Statute Section 471.59 and other applicable laws. The BOARD shall be comprised of seven(7)members,one(1) from each of the member CITIES. Each of the CITIES shall appoint one(1)individual to serve on the Joint Powers Board. The City appointee must be the City Manager, City Administrator or Chief of Police. Each member shall serve Joint Powers Agreement for Prosecution Services Page 2 of 7 until replaced by the member's respective City. The Scott County Attorney shall be an ex-officio, non voting member of the BOARD. Each BOARD member shall not be compensated and are not employees of the PROSECUTION ASSOCIATION. The BOARD shall elect one of its members to serve as the Chairperson. A Chairperson shall serve a one(1) year term. A term shall begin on January 1 and end on December 31. A Chairperson cannot serve more than two (2) consecutive terms. 1.2 Voting and Quorum. Each City Board member shall have one(1)vote. Four(4)voting members shall constitute a quorum for the purposes of conducting BOARD business All business voted on by the BOARD shall require a majority vote of the members of the BOARD,unless otherwise specified herein. The BOARD shall meet at least bi-annually as determined by the Chair,unless a majority of the BOARD determines otherwise. 1.3 Employment of Personnel. The Scott County Joint Prosecution Association shall,through its BOARD have the authority pursuant to this Agreement to hire, fire, discipline and adopt personnel rules for all employees retained by the BOARD to provide services to the member CITIES. Employees retained by the BOARD are employees of the Scott County Joint Prosecution Association and under no circumstances shall the BOARD'S employees be deemed employees of any of the CITIES. I i The BOARD may make recommendations to the CITIES regarding changes in how to manage cases for prosecution,the policy towards plea bargains for certain categories of crimes,job performance of the affected employees, and other matters related to services provided by the PROSECUTION ASSOCIATION. 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 City of Savage will serve as the Fiscal Agent for the PROSECUTION ASSOCIATION and will provide accounting,payroll and benefit services for PROSECUTION ASSOCIATION Staff. The Fiscal Agent shall be compensated by an amount determined in the BOARD approved budget set annually. The BOARD shall advertise for and hire one or more prosecutors, secretaries or legal assistants (collectively"Staff') depending upon the case load of the PROSECTION ASSOCIATION. The Staff shall be employees of the PROSECUTION ASSOCIATION. All BOARD Staff must be qualified and licensed to perform the services they are employed to do. The BOARD shall designate one of the prosecutors as Chief Prosecutor. The Chief Prosecutor shall report directly to the BOARD. The Chief Prosecutor shall also be the Administrator of the PROSECUTION ASSOCIATION and responsible for the daily operation and affairs of the PROSECUTION ASSOCIATION... i Joint Powers Agreement for Prosecution Services Page 3 of 7 Staff shall report to and be supervised by the Chief Prosecutor on behalf of the BOARD. All hiring, firing, and other personnel decisions relating to PROSECUTION ASSOCIATION Staff shall be made by the BOARD. None of the work or services provided by the PROSECUTION ASSOCIATION shall be subcontracted for without the prior approval of the BOARD. 3. Budget. 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. By September 1"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 within sixty(60)days. In the event the objection is not resolved, such City shall have the right to terminate its participation in the PROSECUTION ASSOCIATION and withdraw from this Agreement. One hundred twenty(120) days written notice is required,if such notice is given on or before September 1St. In the event that notice to withdraw is not provided per the terms of this agreement,the terminating City will be required to pay 50%of their quarterly cost. 4. Cost Sharing. Each quarter the Fiscal Agent 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-fourth 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 quarter. Z= the total number of calendar calls set for all the cities the previous quarter. The PROSECUTION ASSOCIATION Staff and Scott County Attorney's Staff 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 4.1 Costs Limited. The Chief Prosecutor at all times shall keep track of the calendar calls billable by the PROSECUTION ASSOCIATION and keep the Fiscal Agent advised. The Fiscal Agent shall advise the BOARD if the costs may exceed one hundred ten(110%)of the amount budgeted. The BOARD shall notify the CITIES of the potential cost overrun and invoice the CITIES I Joint Powers Agreement for Prosecution Services Page 4 of 7 proportionately. The amount shall be determined by averaging a City's percentage of the prosecutorial services provided using(y/z)in paragraph 4 above for the previous six(6)months. 4.2 Costs Overrun. Any City unsatisfied with any overruns may elect to terminate this Agreement upon one hundred twenty(120)days prior written notice as provided below. In the event that notice to withdraw is not provided per the terms of this agreement,the terminating City will be required to pay 50% of their quarterly cost. 5. Civil Matters. A City may request PROSECUTION ASSOCIATION legal Staff to handle a civil legal matter, if the City's City Attorney for civil matters has a conflict of interest. A City Attorney may also recommend to the City Manager or City Administer that PROSECUTION ASSOCIATION Staff investigate a potential criminal issue involving City Staff or a member of its City Council. Such requests shall be handled on a time-available basis only, and shall be billed back to the requesting City at actual cost on an hourly basis. Billings from civil matters shall be used to offset the total prosecution budget. 6. Exchange of Data. All information,data, and reports existing, available and necessary to carryout prosecution services under this Agreement, including police reports and arrest records, shall be furnished to PROSECUTION ASSOCIATION Staff without charge, and the CITIES shall cooperate in every way possible in carrying out prosecution services. 7. Confidentiality. Any reports, data,or similar information given to,prepared or assembled or maintained by the PROSECUTION ASSOCIATION 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 of the of the requesting 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. 8. Duration and Renewal. This Agreement shall be automatically renewed on an annual basis and shall be valid for the next calendar year,unless terminated as set forth in this Agreement.. 9. Termination as to One Party. A member City may terminate and withdraw its participation in this Agreement 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 member CITIES.. This Agreement may be terminated by any City upon one hundred twenty(120) days prior written notice given on or before November ls`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 reasons a City is terminating its participation may be presented to the BOARD. The BOARD may consider the stated reasons and determine whether there is any action the BOARD could I i I Joint Powers Agreement for Prosecution Services Page 5 of 7 take to resolve to resolve the issue. All records pertaining solely to the terminating City shall be returned to that City. Any terminating City shall have its proportional share of any existing fund balance returned to it.. Any fund balance maintained prior to the terminating City becoming a member of PROSECUTION ASSOCIATION shall not be considered for purposes of determining the terminating City's proportional share for refund. 10. Termination as to All Parties. This Agreement shall remain in full force and effect unless a majority of the CITES' governing bodies vote in favor of dissolution, if dissolution is necessitated by operation of law as a result of a decision by a court of competent jurisdiction or when a majority of remaining CITIES agree to terminate the Agreement upon a date certain. In the event this Agreement is terminated in its entirety, all records pertaining solely to a particular City shall be returned to that City. All other records shall remain with the Fiscal Agent as custodian of such records. The records may f be retained, stored, or disposed of according to state law and the Fiscal Agent'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. 11. Indemnification.The PROSECUTION ASSOCIATION shall be considered a separate and distinct public entity to which the CITIES have transferred all responsibility and control for actions taken pursuant to this Agreement. To the fullest extent permitted by law, actions by the CITIES pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the CITIES that they shall be deemed a "single governmental unit" for purposes of liability, as set forth in Minnesota Statutes Section 471.59, subdivision 1 a(a);provided further that for purposes of that statute, each CITY expressly declines responsibility for the acts or omissions of the other party. The CITIES are not liable for the acts or omissions of the other CITIES except as to the extent to which they have agreed in writing to be responsible. The PROSECUTION ASSOCIATION shall defend,indemnify and hold harmless the CITIES against all claims, losses, liabilities, suits,judgments, costs and expenses arising out of action or inaction of the governing board, its directors,the Chief Prosecutor and Administrator and other employees or agents of the PROSECUTION ASSOCIATION pursuant to this Agreement. The PROSECUTION ASSOCIATION shall defend and indemnify the employees of the CITIES acting pursuant to the Agreement except for any act i it Joint Powers Agreement for Prosecution Services Page 6 of 7 or omission for which the CITIES employee is guilty of malfeasance,willful neglect of duty or bad faith. This Agreement to defend and indemnify does not constitute a waiver by the PROSECUTION ASSOCIATION or any CITY of the limitations on liability provided by Minnesota Statutes Chapter 466. 12. Liabifity. The BOARD shall purchase liability insurance from budgeted funds to cover the PROSECUTION ASSOCIATION and individual for each attorney employed by the PROSECUTION ASSOCIATION. This insurance shall cover professional liability,personal injury liability, and disciplinary proceedings costs. The BOARD shall also purchase general liability and at it's discretion purchase directors' and officers' (errors and omissions)insurance. 13. Amendment. This Agreement may be amended only in writing signed by all II CITIES. I 14. Notices. All written notices required pursuant to this Agreement may be given by first class mail addressed to any of the CITIES at their respective City Hall,by facsimile addressed to the City Manager or City Administrator or by personal delivery to the City Manager or City Administrator. 15. Certification. This agreement sets forth all understandings of the CITIES. All prior agreements,understandings,representations whether consistent or inconsistent,verbal or written, concerning this Agreement are merged into and superseded by this written Agreement. Each of the CITIES certifies,by signing below,that this Agreement has been approved by that City's governing body and City Attorney. Joint Powers Agreement for Prosecution Services Page 7 of 7 IN WITNESS WHEREOF, this amended Agreement has been executed by the parties as of the day and year above written. CITY OF SAVAGE,MN CITY OF BELLE PLAINE,MN By By Its Mayor Date Its Mayor Date By By Its City Administrator Date Its City Administrator Date I CITY OF PRIOR LAKE,MN CITY OF ELIKO NEW MARKET,MN i By By Its Mayor Date Its Mayor Date By By Its City Administrator Date Its City Administrator Date CITY OF JORDAN,MN CITY OF SHAKOPEE,MN By By Its Mayor Date Its Mayor Date r By By I Its City Administrator Date Its City Administrator Date CITY OF NEW PRAGUE,MN By Its Mayor Date I By Its City Administrator Date PROSECUTION SERVICES AGREEMENT This Agreement is entered into by and between Scott County,Minnesota,a Minnesota municipal corporation(hereinafter referred to as"County"),the Scott.County Attorney's Office(hereinafter"SCAO"), and the Scott Joint Prosecution Association,a Joint Powers Entity of governmental units as defined by Minnesota Statutes,Sections 471.59(hereinafter referred to as"SJPA'),collectively referred to as "the Parties". WHEREAS,County and SJPA are governmental units and the SCAO is a service unit of the County providing prosecutorial services in accordance with Minnesota Statutes for their respective jurisdictions;and f WHEREAS,Minnesota Statutes Section 471.59 authorizes governmental units in the State of Minnesota to enter into agreements with other governmental units to perform services or functions that each unit is authorized to perform for itself; and WHEREAS,Minnesota Statutes Section 484.87,.Subdivision 3,provides that municipalities may enter into three-party agreements with the County Board and the County Attorney to provide for criminal prosecution services;and WHEREAS,the Parties have identified the need to work cooperatively in providing prosecutorial services throughout all of Scott County and its political subdivisions;and WHEREAS,participation in the collaborative and contractual provision of prosecutorial services throughout Scott County will increase the efficiency,accuracy,and effectiveness of said services while decreasing the need to duplicate services within the County; and WHEREAS;the Parties each possess the respective authority to enter into this agreement and mutually desire to do so. NOW THEREFORE,in consideration of the mutual promises and benefits that each of the Parties shall derive,the Parties hereby enter into this agreement to provide collaborative prosecutorial services throughout all of Scott County. A. Scope of Services. 1. County,through the SCAO,will provide prosecution services for matters that SJPA member cities are statutorily responsible for handling,including statutory gross misdemeanor,misdemeanor,and petty misdemeanor violations,criminal municipal ordinance violations,and forfeitures.These services shall include but are not limited to: a. Review of cases for decision as to filing of criminal charges,with'input from the police department of the SJPA member city from which the case originated; i b. Providing discovery; c. Managing cases; d. Representing SJPA member cities at arraignments,pretrial hearings, evidentiary hearings,settlement conferences,motions,court and jury trials,and sentencing and review hearings; e. Representing SJPA member cities in appeals; L Representing SJPA member cities in forfeiture actions; g. Preparing and presenting legal memoranda,subpoenas,jury instructions, and other related materials; h. Making appropriate sentencing recommendations to the court; i. Advising the police departments of the SJPA member cities(the"Police Departments")on the conduct of investigations,trial preparation;seizures, and related matters; j. and legal research,regular training, and assistance to the Police Departments in criminal matters,including Statutory interpretation, enforcement issues,and case decisions; lc. Interviewing witnesses and victims of crimes; 1. Advising victims regarding their rights and responsibilities; m. Creating and maintaining appropriate files; and n. Performing other related duties as required. 2. The County Attorney shall meet with and provide the SJPA Board a report on cases(services)once every six(6)months.This report shall also include a summary of the forfeiture activities for each SJPA member city. 3. Services shall be provided in a manner consistent with Minnesota law, professional standards,and to the satisfaction of the SJPA Board. SCAO prosecuting attorneys are independent officers and have discretion in the malting of charging decisions and in determining how to present a case for trial. SCAO attorneys have a key role in recommending sentencing for defendants. SCAO must maintain a close,but independent working relationship with the police,court personnel,human service providers,and defense counsel.Nothing herein shall limit the discretion vested in SCAO or the immunity for such as may be allowed by law. SCAO shall have regular,on-going contact with police officers and staff of the Police Departments to communicate charging and filing standards and to update officers on recent case law and important changes in the law. SCAO attorneys and/or staff must be reasonably available for night and weekend(24/7)contact with Police Department personnel.When a case involves an offense which a Police Department has indicated to SCAO is of particular interest or sensitivity,SCAO should,if possible,contact the Police Department before any unusual disposition of the case is presented in court.In any such event, SCAO shall advise the Police Department of such disposition as soon as possible after its presentation in court. SCAO shall be responsive to the Police Departments,defense attorneys,witnesses,probation officers,and other court-related 2 I i l staff,and shall return phone calls,emails,and other communications in a timely manner. 4. County agrees to provide all of the required staff,office space,equipment, technology,supplies,transportation,training,and other services or items necessary for provision of services under this agreement. B. Compensation. 1. For services rendered under this agreement,the SJPA shall obtain from its member cities and assign to County,all rights and interests in and to all revenue generated from prosecution services within its members'municipal boundaries. Such revenue shall include,but not be limited to,all revenue paid to the member cities by the District Court Administrator under Minn. Stat. Sec.484.90,subd.6(fines, penalties,and forfeitures),prosecution costs,penalty assessments,fees,collected costs and any other revenue streams designated to support prosecution-activities. 2. SJPA shall sign and obtain from its member cities any and all documentation necessary to effectuate the assignment contemplated above. 3. SJPA shall remit payment(or cause its member cities to remit payment directly) to County on a quarterly basis for all payments received in the 90 days prior to each payment due date. Payment due dates shall be January 1,April 1,July 1, and October 1 of each year. 4 County shall report to the SJPA Board annually regarding the adequacy of funding from the existing revenue streams. 5. Should a funding shortage exist the County, at its option,may request additional funding from SJPA or cover the shortage from County funds. 6. Should the County request additional funding from the SJPA,the County will allow SJPA a minimum of twelve(12)months to either: (a)provide the requested funds;or(b)dissolve this agreement and transition to a new method of providing for its prosecutorial services. 7. Except as provided under Paragraph 5 of this Section B,no costs shall be assessed back to SJPA or its member cities. C. Transition Process 1.The Parties shall work together to implement this agreement and transition operations to be effective October 1,2014. 3 i 2. As part of the transition,all current SJPA employees will be offered the opportunity to be transferred to County employment under the following conditions: . . I I a: SJPA employees shall be given the option of receiving cash payment or converting current vacation and sick leave balances as of September 30, 2014 to an accrued County sick leave,vacation or PTO balance. SJPA shall reimburse the County at the current employee rate for any conversion hours banked by the SJPA employees. Any accruals balance cash I payments shall also be paid directly to the employee from the SJPA reserve funds. b. Gross County salaries,at a minimum,shall be equal to the employee's gross SJPA salary as of September 30,2014. c. Job titles,job descriptions,work duties and enrollment in unions shall be determined based upon comparison of pay received and work performed by the employee for SJPA and pay and work categories existing under County contracts and policies. Placement as an employee of the County shall be in the category that as closely as possible resembles the employee's position within the SJPA. I I As County employees,benefits(PTO,health and dental insurance,etc.) shall be per County contracts and policies D. Term of Agreement. The term of this agreement shall commence on October 1,2014,the date of signature by the Parties notwithstanding,and shall continue in effect thereafter unless cancelled by agreement of the Parties or terminated as set out below in Paragraph E. • I E. Withdrawal or Termination 1. Except as provided above in Paragraph B.6,this agreement may be terminated by a Party,with or without cause,upon twelve(12)months written notice to the authorized agent of the other Parties. 2. Upon notice of intent to terminate the agreement,the Parties shall work cooperatively to transition prosecution duties to the respective Parties. F. Amendment. 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. 4 I i I j G. Indemnification. Each Party shall be liable for its own acts to the extent provided by law and hereby agrees to indemnify,hold harmless and defend the other,its officers and employees against any and all liability,loss,costs,damages,expenses,claims or actions,which another Party,its officers and employees may hereafter sustain,incur or be required to pay,arising out of or by reason of any negligent act or omission of the Party,its j agents,servants or employees,in the execution,performance,or failure to adequately f perform its obligations pursuant to this agreement. It is understood and agreed that the liability of the Parties shall be governed by Minnesota Statutes Chapter 466 and other applicable state and federal laws. The agreement to indemnify and hold harmless does not constitute a waiver by either Party of the limitations on liability provided under Minnesota Statute Section 466.04. It is further understood and agreed that the Parties'total liability shall be limited by Minnesota Statutes Section 471.59,Subdivision la(b)as a single governmental unit. H. County and State Audit Pursuant to Minn. Stat. Section 16C.05,Subdivision 5,the books,records, documents,and accounting procedures and practices of the Parties relative to this agreement shall be subject to examination by the Parties and the State Auditor. Complete and accurate records of the work performed pursuant to this agreement shall be kept by County 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 regarding matters to which the records are relevant. I. Data Practices The Parties agree to abide by the provisions of the Minnesota Government Data Practices Act,Minn. Stat.Ch. 13,as amended,and the Minnesota Administrative Rules promulgated pursuant to Ch. 13 regarding all services contemplated herein. J. Notices. 1. Except as otherwise specifically provided in this agreement,all notices, demands,and communications required under this agreement will be in writing and will be directed as follows: If to the County: County Administrator Scott County Government Center 5 i 200 West 4t'Avenue I f Shakopee,Minnesota 55379 i If to the County Attorney's Office: Scott County Attorney Scott County Government Center 200 West 4 Avenue Shakopee,Minnesota 55379 I If to the SJPA: i Chair,Scott Joint Prosecution Association C/O City of Savage 6000 McColl Drive Savage,Minnesota 55378 2. 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 with the United States Postal Service, addressed to the authorized agents as listed above. 3. A Party shall give prompt notice of any change of address. No Party may require notice to be delivered to more than two addresses. K. No Third Party Beneficiaries. Except as otherwise specifically provided in this agreement,no rights,privileges,or immunities of any Party under this agreement will inure to the benefit of any third- party,nor will any,third-party be deemed to be a beneficiary of any of this agreement's provisions. L. Successors and Assigns. This agreement binds and inures to the benefit of the legal successors and assigns of the Parties. M. Captions. i Captions and paragraph headings used in this agreement are for convenience only, and are not part of this agreement,and shall not be deemed to limit or alter any provisions of this agreement,and shall not be deemed relevant in construing the agreement. N. Controlling Law 6 i The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this agreement,the legal relations between the parties and performance under the agreement. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located within the County of Scott, State of Minnesota. Litigation,however,in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. O. Severability. 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 as Party of any provision,tern,condition or covenant shall not be construed by the other Parties as a waiver of a subsequent breach of the same by another Party. P. Entire Agreement and Waiver. 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 the Parties relating to the subject matter hereof. Q. Counterparts. This agreement may be signed in separate counterparts,and the counterparts,taken together,shall constitute a single agreement. IN WITNESS WHEREOF,the Parties have caused this agreement to be executed as of this day of ,2014. COUNTY OF SCOTT By By Tom Wolf,Chair Gary Shelton Board of Scott County Commissioners Scott County Administrator Date: ,2014 Date ,2014 1 SCOTT COUNTY ATTORNEY'S OFFICE By Pat Ciliberto Scott County Attorney Date: ,2014 SCOTT JOINT PROSECUTION ASSOCIATION By Bill O'Rourke,Chair Scott Joint Prosecution Association Date: ,2014 8