HomeMy WebLinkAbout4I - Sentencing to Serve Agree.
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
BACKGROUND:
DISCUSSION:
ALTERNATIVES:
STAFF AGENDA REPORT
ti-i
FRANK BOYLES, CITY MANAGER
CONSIDER APPROVAL OF JOINT POWERS
AGREEMENT BETWEEN SCOTT COUNTY AND THE
CITY OF PRIOR LAKE FOR PARTICIPATING IN THE
SENTENCING TO SERVICE PROGRAM
AUGUST 21, 1995
For some years now the City of Prior Lake has
participated in the Sentencing to Service Program.
Through this program individuals who are convicted of
relatively minor offenses are afforded an opportunity to
work away their obligation to society rather than be
incarcerated. Approval of the attached Joint Powers
Agreement would authorize Prior Lake's continued
participation in this program from August 1, 1995 through
June 30, 1997.
Prior Lake, together with the cities of Jordan, Belle Plain,
New Prague, Savage and Shakopee have historically
participated in the Sentencing to Service program through
Scott County. Through this program Prior Lake has
received tens of thousands of dollars worth of work
production in exchange for an annual cost of just over
$2,000. In addition, it has afforded offenders the
opportunity to do something productive rather than simply
forfeit their time. Prior Lake has used the program
extensively for construction and roofing of picnic shelters,
cleaning of drainage ditches, landscaping installation and
maintenance and a wide variety of other activities.
Thanks to the Park And Recreation Department, Prior
Lake has been one of the leaders in the use of this
program. Only recently have other communities come to
understand the real value that the program has.
The Council has the following alternatives:
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTIJNITY EMPLOYER
1. Approve participation in the Joint Powers Agreement
which would continue the Sentencing to Service
Program in Prior Lake through June 30, 1997.
2. Direct that additional information be provided with
respect to this proposal.
3. Elect to no longer participate in the program.
RECOMMENDATION: Alternate Number 1. The Sentencing to Service Program
is one of the prime examples of how government can
maximize Community Services while minimizing costs.
FISCAL IMPACT: The program's cost for the two year period is $4,045 or
$2,022.50 per year. This amount is budgeted in the
Proposed 1996 Budget under Professional Services in the
City Manager's Budget.
MOTION REQUIRED: Motion and second to authorize participation in the
Sentencing to Service Program from August 1, 1995
through June 30, 1997 and authorizing the Mayor and
City Manager to execute the attached Joint Powers
Agree ent.
Attachment
AG8219S.DOC
SCOTT COUNTY
DEPARTMENT OF COURT SERVICES
COURTHOUSE 207
428 HOLMES STREET SOUTH
SHAKOPEE, MN 55379-1397 (612) 496-8260
DAVID P. LOFTNESS
Court Services Director
August 1, 1995
,,,/
Frank Boyles
City Administrator
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372
Dear Mr. Boyles:
Please fmd enclosed the Joint Powers Agreement between Scott County and the City
participating in the Sentencing to Service Program. In addition to Prior Lake, the Cities of
Jordan, Belle Plaine, New Prague, Savage, and Shakopee have expressed an interest in
participating in this program. With the participation of all six cities, the cost to Prior Lake
would be $4,045.~ for the two year period.
IIz,OL1-',)6
Please review and take the appropriate action to process the Agreement with your city.
Upon approval and signature, the Agreement should be returned to me. I will process all the
Agreements with the County Board when they have all been returned.
Thank you for your cooperation. I look forward to working with you in this program.
~
DPL/et
Enclosure
An Equal Opportunity/Affirmative Action/Safety Aware Employer
JOINT PO?"VERS AGREEMENT
BETWEEN THE COUNTY OF SCOTT
AND CITIES IN THE COUNTY OF scon FOR
PARTICIPATrON IN THE SENTENCING TO SERVICE PROGRAM
THIS AGREEMENT, by and between the County of Scott, Ivtinnesota.
hereinafter referred to as It County," and the cities within th~ County of Scott
choosing to participate in the Sentencing to Service Program, he.reinafter
conecdvely referred to ac; "Cities." and listed as follows:
Belle Piaine
Jordan
New Prague
Prior Lake
Savage
Shakopee
WITNESSETH:
vVHEREAS. fvlinr.. Stat. Sec. 609.135~ subdivision 1, pTovidf~S that a
court mav order noninstitutional sanctions for a defendant. inciudin1!
J ~
"Sentencing to Service" (STS): and
WHEREAS, pursuant to Minn. Stat. Sec. 241.20 through 241.23. the
Commissioner of Corrections may make inmates available to tbe head of any
state departn1ent or agency for conservation and other work (;;'on any land
which is within the jurisdjction or cO:1trol of such department .~r agency. and
WHEREAS. the County has authorIty pursuant to Minn. Stat. Sec.
373.01, subdivision ] ~ to hold real property and to make contracts in relation
to tile property and concerns of the County necessary to the exercise of its
corporate powers:, and
WlfEREAS, tile County and the Cities have authority pursuant to Ivlinn.
Stat. Sec. 471.59~ to jointly or cooperatively exercise any power common to
the contracting parties or any similar powers; and
\VHEREAS, the County. and the Cities have determined that it is in the.
public interest. to establish joint community service projects utilizing
It Sentencing to Ser\'ice" personnel; and
WHEREAS~ the County and the Cities have agreed that the County shaH
assume record..keeping and tinanciai accounting responsibil ities with respeei to
contract administrarion~ work performa.nce, and financial participation
verification of the parties hereto~
..i.
NOW THEREFORE, in consideration of the mutual undertakings and
agreclnent contained within this contract, the County, and the Cities hereby
agree as foHows:
1. Joint P0wers
A. The County and the Cities agree to jointly and collectively
establish comtnUl1ity servke projects utilizing "Sentencing to
Service" pe!'sonnel for the coHective be~efit. of the County, the
Cities and their citiz.ens.
B. The County shaH pay directly to the Minnesota Deparunent of
Corrections, the County and the Cities' share of the coste; of a
crewleader and placing the crews Into service on the STS prograrn
outlined in that JOi;1t Pcwers Agreement between the Department
of Corrections and Scott County effective J u! y 1, 1995, and
incorpcrated herein by reference as Exhib~r A. The Cities agree to
pay to the County directly their share of the prC'gram costs as
outlined in Section 3, herein. The County and the Cities hereby
agree that the sole purpose of th is agreement is lO facH itate the
receiPt by the Cities of qualifIed conservation and beautification
project:; by" Senrencing to Service Ii personnd for the County and
the Cities as providec for in Exhibit A and to iacih~te the
reimbursement to the County of monies for services provided on
behalf of the individual city participants. It is contemplated that
no prope.rty~ whether personal or r(;al, wili be acquired as a result
of this Joint Po'\vers Agiec: mente The Caunty hereby assumes the
va.rj()~S financial accounting, work partkipation and othe~
contract administration responsibiliti~s. This agreement is not
intended to provide to any of the various members o{ the
ag~'e.en1ent any authority ()[ responsibility not specifically out) ined
in Exhibit A.
2. Scope of Services
.~. The County shaii for'..vard progress reportS to Cities periodically
to im.:ludc:
(1) Date of service
~2') Location and type of service performed
(3) Size of crew performing project
(4) Total nurnber of hours worked by STS clients
2
. --
B.
The crewleader shan base the work crews in Scott county. Work'
of the crews shall be divided as foHows: 1/2 State referred
projects a.nd 1/2 County or City referred projects. All projects
shaH be performed within Scott County.
c.
The crewleader shall train each work crew in safety principles
and techniques relevant to the work being done.
in.
'.
Suggestions for work projects will be subnlitted by the County,
the Cities, and the State (DNR or DOC) to the crew leader. The
[)OC is responsible for screening projects to determine \vhich
projects rneet STS guidelines.
E. Vpon request by the County, the Cities shaH certify to any
appropriate bargaining unit agent that the work performed
bv inmates will not result in the displacement of currently employed
workers or workers on seasonal layoff frorn a substantially
equivalent position, including parcial dis-
piacement such as reduction in hours of nonove!1ime work~ wages
or other employn1ent benefits. Upon request., the Crcies shall
arrange access as necessary to work sites for DOC for the
})urpose of perfarn1iag the work described in this contract.
3. Tenns of Fc.vmen!
A. Scott COll:}ty agrees to pay to DOC an arnount not to exceed
$48,550.00 on or before June 30, 1996, for the DOC cost of
providing a crewleader and placing the work crews :0(0 service on
the 51'S Program during the term of this agreem.ent.
B. As their share of the cost of providing a crewleader apd placing
the work crews into service on the STS Program during the term
of this agreement. the Cities 5haIl coIJectively pay ene-half or the
contract an~ount. The Cities shall individually pay to the
County. an amount not to exceed four thousand, forty.-five
dollars ($4.045. GO) for the contract period. The amount \I.dB be
determined by the number of cities participating and will be
payable in two jnst:aliments on orbefore January 1, 1996, and on
or before January 1, 1997.
4. Effective Date of Contract
This contract shall be effective Augu,:H 1. 1995.
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5. Term of Cont.ract
This contract shall remain in effect until June 30, 1997. or
until ail obiigations set forth in this agreement have been
satisfactorily fulfilled, whichever occurs earlier.
6. Authorized Agents
The parties shall appoint authorized agents for the purpose of
administration of this contract. Authorized agentc; are as
follows:
David LC1rtness
Scott County Court Services
Scott County Courthouse 207
428 South Holmes StTeet
Shakopee ivlN 55379-1382
(612) 496-8287
Dav id ! vcrson
City Administrator
420 EastN!ain
P.O. Box 6
BeHe Plaine MN 5601.1
Kay .K uhimann
City Administrator
210 Ea<;t 1st Street
Jordan MN 5,S352
Jerolne Bohnsack
City Administrator
118 Central Avenue North
New Prague lVIN 56071
Frank Boyles
City Administrator
16200 Eagle Creek Avenue S E
Prior L..-:ti<e MN 55372
Dennis Kraft
City Administrator
129 South Hoitnes St.
Shakopee, MN 55379
4
Stephen King
C i~y Adn1 inistratGf
Savage City Hall
6000 McColl Drive
Savage MN 55378
7. Ten1J..lllatioil
This contract tnay be terminated by any party, with. or witltout cause,
upon 30 (thirty) days written notice to the Authorized Agents of the
other parties hereto.
8. Notices
Any notices to be given under this contract shaH be given by
enclosing the saIne in a sealed envelope. J:'ostage prepaid, and
depositing the same in the United States Postai Service, addressed
to the authorized agents of the parties at the addresses stated
herein.
9. Controlling Law
This cont:act is to be governed by the laws of the State of
~~innesota.
10. fulccessors and Assigns
The parties hereto, respectively, bind themselves, their panners,
successors, assigns., and legal representatives to the other party to
this contract and to. the partners, successors, assigns, and legai
represt::ntatives of such other party with respect to all covenants of
this contract. No party shall assIgn, sublet~ or iransfer any
interest in this conu.act without the prior written. consent of the others.
11. ~haI~
The parties agree that no change or modification to this contract, or any
attachments hereto, shall have any force or effect unle.ss the
change is reduced to writing, dated, and. made part of this contract.
The execution of the change shall be aut~orized and signed in the same
tnanner a'5 for th is contract.
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i 2. Sep.3.rabil ity
In the event any provision of this contract shall be held invalid and
unenforceable, the renlaining provisions shall be valid and binding upon
the parties unless such invalidity or non-enforceability would cause the
contract to fail its purpose. One or nlore waivers by either party of any
provjsion, 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
pany
134 Entire AQ:re.ement
It is understood and agreed that the entire agreenlent of the parties
is contained herein and that this contrac:t supersedes all orai
agreements and negotiatIons between the parties relating to the
subject matter hereof. This agreement supersedes and terminates (he
agreeInent between the Departme.nt of Corre.ction~ and Scott County
executed by Scott County on June 27, 1993, and by the Department of
Corrections on August 9. 1993.
14. Inlurv to Crewmember
Claims or demand5 arising out of the injury or dea.th of a crewmember
shall be governed by Minn. Stat. Sec. 3.739.
15. :fort Liability of Political Subdivisions
Tort. claims or demands against the County or the Cities shan be
governed by tvlinn. Stat. Sec. 466.0 i et seq.
}
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IN WITNESS WHEREOF. the parties have caused this contract to
be duiy executed intending to be bound thereby.
scon COUNTY
by:
------- .
Chairman, Scott County
Board of Commissioners
Date:
Attest:
Date:
CITY OF:
by:
Mayor
Date:
City Administrator