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HomeMy WebLinkAbout5G Sentencing to Service Report 1 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: NOVEMBER 14, 2016 AGENDA #: 5G PREPARED BY: FRANK BOYLES, CITY MANAGER PRESENTED BY: FRANK BOYLES AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING THE SENTENCING TO SERVICE (STS) JOINT POWERS AGREEMENT FOR 2017 AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE SAME DISCUSSION: Introduction The purpose of this report is to determine if the Council wants the City to again participate in the Sentencing to Service Program administered by Scott County for the period of January 1, 2017 through December 31, 2017. History The City of Prior Lake has participated in the Sentencing to Service Program for more than a decade. Through this program, persons convicted of nonviolent crimes are given the opportunity to do community service to work off their “debt to society.” Scott County provides a supervisor to the crew and covers worker’s compensation costs. In 2017, the contract calls for a per day cost of $342.35 or $171.18 for half crew days. This is the same cost the county charged in 2016. The City’s cost for the program pays for the supervisors provided by the county for the program and the transportation costs to get crews to and from the worksites in the city. Current Circumstances Parks Foreman Greg Skluzacek reports he is pleased with the supervision of the work crews and the amount of work accomplished. Large projects could be completed that could not have been done without the extra manpower. Typical assignments for STS were: 1. Weed whipping 2. Brush removal and chipping 3. Silt fence removals 4. Garbage pickup along City boulevards and other areas within the City 5. Maintenance of our tree nursery 6. Spring cleanup and mulching of our landscape beds and rainwater gardens 7. Snow removal around fire hydrants 2 Conclusion The Council should determine whether the program is something we should participate in once again next year. ISSUES: Sentencing to Service has several benefits. From the city’s perspective, we receive an additional workforce at a reasonable cost. Societally, there is benefit in that the penalty for the crime provides a cost- effective service to the community. Each year we monitor whether we were able at least cover city costs and when possible exceed them. If unable to cover city costs, program discontinuation would be recommended. The key to the effectiveness of this program is having persons available when the city has work which needs to be completed and the supervision provided by Scott County as City staff cannot provide supervision because of resource limitations and should not because of liability considerations. FINANCIAL IMPACT: There is no guarantee regarding the number of hours of work assistance the city receives each year from this source. We do try to maximize the resource since the city pays only for the supervisor and transportation of the crew and nothing for the four workers in each crew (which is a minimum and is often more). Considering that a crew is a minimum of four persons and the four work a minimum of six hours for a full day and at least three hours for a half day, the city’s total cost per hour is $14.27 for a full day or half day. If the crews are larger than the minimum or if they work longer than the minimum number of hours as they often do, then the cost to the city goes down accordingly. ALTERNATIVES: 1. Adopt a resolution authorizing participation and execution of the Joint Powers Agreement for the Sentencing to Service program through December 31, 2017 as part of the consent agenda. 2. Remove this item from the consent agenda for additional discussion. RECOMMENDED MOTION: Alternative #1. Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-XXX A RESOLUTION APPROVING THE SENTENCING TO SERVICE (STS) JOINT POWERS AGREEMENT FOR 2017 AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE SAME Motion By: Second By: WHEREAS, Sentencing to Service provides cost effective labor to the City of Prior Lake and is an effective way in which persons can pay their debt to society; and WHEREAS, The City Council desires to continue participating in the Sentencing to Service Program in 2017; and WHEREAS, The County has requested that the City enter into a joint powers agreement for this purpose which will not exceed $342.35 per day or $171.18 per half day in City costs. 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 execute the Joint Powers Agreement with Scott County for the Sentencing to Service program for the period of January 1, 2017, through December 31, 2017. PASSED AND ADOPTED THIS 14th DAY OF NOVEMBER 2016 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager Sentence To Service Joint Powers Agreement City of Prior Lake Page 1 of 6 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. Sec. 241.20 through 241.23, the Commissioner of Corrections may make inmates available to the head of any state department or agency for conservation and other work upon any land, which is within the jurisdiction or control of such department or agency. 3. County has authority pursuant to Minn. Stat. Sec. 373.01, subdivision 1, to hold real property and to make contracts in relation to the property and concerns of County necessary to the exercise of its corporate powers. 4. County and City have authority pursuant to Minn. Stat. Sec. 471.59 to jointly or cooperatively exercise any power common to the contracting parties or any similar powers. 5. County and City have determined that it is in the public interest to establish joint community service projects utilizing "Sentencing to Service" personnel. 6. County and City have agreed that County shall assume record keeping and financial accounting responsibilities with respect to contract administration, work performance, and financial participation verification of the parties hereto. NOW THEREFORE, in consideration of the mutual undertakings and agreement contained within this contract, County and City hereby agree as follows: JOINT POWERS A. County and City agree to jointly and collectively establish community service projects utilizing "Sentencing to Service" personnel for the collective benefit of County, City, and their citizens. B. County shall pay directly to the Minnesota Department of Corrections, County and City's share of the costs of a crew leader and placing the crews into service on the STS program. City agrees to pay to County directly its share of the program costs as outlined in ”Terms of Payments”, herein. County and City hereby agree that the sole purpose of this agreement is to facilitate the receipt by City of qualified conservation and beautification projects by "Sentencing to Service" personnel for County and City and to facilitate the reimbursement to County of monies for services provided on behalf of the City. It is contemplated that no property, whether personal or real, will be acquired as a result of this Joint Powers Agreement. County hereby assumes the various financial accounting, work participation, and other contract administration responsibilities. This agreement is not intended to provide to any of the various members of the agreement any authority or responsibility. Sentence To Service Joint Powers Agreement City of Prior Lake Page 2 of 6 SCOPE OF SERVICES A. County shall forward progress reports to City quarterly 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. In an agreement with the State, County shall agree that work of the crews under that agreement shall be divided as follows: 1/4 State referred projects and 3/4 County and its local municipalities (Cities) referred projects. C. The County does not guarantee any minimum STS crew days for City referred projects. The City shall receive crew days as determined between County and City during the terms of this Agreement for service on projects referred by City. Based on STS crew availability, the dates of the crew shall be determined jointly between County and City. A minimum of six (6) hours on site by crew shall be considered a work crew day. A half day of work crew service shall be considered a minimum of three (3) to six (6) hours on site by crew. D. A work crew shall be defined as a minimum of four (4) persons present to perform agreed upon duties. E. The crew leader shall train each work crew in safety principles and techniques relevant to the work being done. F. Proposed work projects will be submitted by County, City, and State (DNR or DOC) to the crew leader in advance whenever possible. The DOC is responsible for screening projects to determine which projects meet STS guidelines. Crew leader is responsible to coordinate work project schedule and notify County and City if work project is accepted and when it is scheduled to be performed. G. It is the City’s responsibility to certify in writing to the appropriate bargaining agent that the work performed by offenders on City referred projects will not result in the displacement of current employees or seasonal workers to include reduction in hours, wages, or other employment benefits. H. It is the City’s responsibility to obtain any necessary work permits or permissions for work performed by offenders on City referred projects. Such documentation must be provided to the STS Crew Leader in advance of any work being performed. TERMS OF PAYMENT A. City agrees to pay County three hundred forty-two dollars and thirty-five cents ($342.35) per day for crew services received. The City agrees to pay one hundred seventy-one dollars and eighteen cents ($171.18) for half crew days. B. County shall submit invoices on a quarterly basis to the authorized agent of the City for payment for work completed. Payments shall be made within thirty (30) days after receipt of invoices. Sentence To Service Joint Powers Agreement City of Prior Lake Page 3 of 6 C. All invoices submitted to City shall include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” EFFECTIVE DATE OF CONTRACT This contract shall be effective January 1, 2017. TERM OF CONTRACT This contract shall remain in effect until December 31, 2017, or until all obligations set forth in this agreement have been satisfactorily fulfilled, whichever occurs earlier. AUTHORIZED AGENTS The parties shall appoint authorized agents for the purpose of administration of this contract. Authorized agents are as follows: Contract Management Coordinator Office of Management & Budget Scott County Government Center, GC 236 200 Fourth Avenue West Shakopee, Minnesota 55379-1220 (952) 496-8369 (952) 496-8180 FAX mheller@co.scott.mn.us Prior Lake City Hall Frank Boyles, City Manager 4646 Dakota Street SE Prior Lake, Minnesota 55372 (952)-447-9801 fboyles@cityofpriorlake.com TERMINATION This contract may be terminated by any party, with or without cause, upon thirty (30) days written notice to the Authorized Agents of the other parties hereto. NOTICES Any notices to be given under this contract 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 contract 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 contract and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of this contract. No party shall assign, sublet, or transfer any interest in this contract without the prior written consent of the others. Sentence To Service Joint Powers Agreement City of Prior Lake Page 4 of 6 DISTRIBUTION OF PROPERTY AND SURPLUS FUNDS There is not intent to acquire property. However, if property is acquired, County will acquire it and any surplus funds will be divided amongst the participating cities in proportion to their contribution under “Terms of Payment.” CHANGES The parties agree that no change or modification to this contract, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this contract. The execution of the change shall be authorized and signed in the same manner as for this contract. SEVERABILITY In the event any provision of this contract 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 contract 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. INDEMNIFICATION County shall save and protect, hold harmless, indemnify, and defend 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, indemnify, and defend 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, the books, records, documents, and accounting procedures and practices of City and County 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 City and 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 involving the City or the County of Scott regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or Sentence To Service Joint Powers Agreement City of Prior Lake Page 5 of 6 judicial action is finally completed or until the authorized agent of the party involved in the action notifies the other party that the records need no longer be kept. DATA PRACTICES City, its agents, employees and any subcontractors of City 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 City agrees to indemnify and hold County, its officers, department heads and employees harmless from any claims resulting from the City’s unlawful disclosure, non-disclosure, or use of data protected under state and federal laws. County, its agents, employees and any subcontractors of County 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 County agrees to indemnify and hold City, its officers, department heads and employees harmless from any claims resulting from the County’s unlawful disclosure, non-disclosure, or use of data protected under state and federal laws. TORT LIABILITY OF POLITICAL SUBDIVISIONS Tort claims or demands against County or City shall be governed by Minn. Stat. Sec. 466.01 et seq. 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 matter hereof as well as any previous agreements presently in effect between County and City relating to the subject matter hereof. Sentence To Service Joint Powers Agreement City of Prior Lake Page 6 of 6 IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. Scott County City of Prior Lake By: By: Gary L. Shelton Ken Hedberg County Administrator Date: Mayor Date: APPROVED AS TO FORM: By: By: Jeanne Andersen for Ronald Hocevar Frank Boyles Scott County Attorney City Manager Date: Date: