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HomeMy WebLinkAbout14-138 SJPA MERGER 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 14-138 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO APPROVE AN AMENDMENT TO THE SCOTT JOINT PROSECUTION SERVICES JOINT POWERS AGREEMENT Motion By: MORTON Second By: SOUKUP 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 M:\\City Council\\Resolutions\\2014\\14-138 SJPA MERGER.docx 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. NOWTHEREFORE, 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 8 DAY OF SEPTEMBER 2014. h VOTE Hedberg Keeney McGuire Morton Soukup Aye ☒☒☒☒☒ Nay ☐☐☐☐☐ Absent ☐☐☐☐☐ Abstain ☐☐☐☐☐ ______________________________ Frank Boyles, City Manager 2 M:\\City Council\\Resolutions\\2014\\14-138 SJPA MERGER.docx