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HomeMy WebLinkAbout5D - Sentencing to Service 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: CITY COUNCIL AGENDA REPORT October 3, 2005 ~ ~~ank Boyles, City Manager~ ~ AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION CONTRACT TO PARTICIPATE IN THE SCOTT COUNTY SENTENCING TO SERVICE PROGRAM DISCUSSION: Introduction The purpose of this report is to determine if the Council wants the City to participate in the Sentencing to Service program through July 30,2007. History The City of Prior Lake has participated in the Sentencing to Service program for at least a decade. Through this program, persons convicted of nonviolent crimes are given the opportunity to work off their "debt to society." Scott County provides a supervisor to the crew and covers worker's compensation costs. Current Circumstances In previous years the City has participated in the Sentencing to Service program at the approximate cost of $3,500 per year. In 2004, the City received 739 person hours of work under the program. In 2005, the total number of person hours was 351. At $3,500 per year, the City paid the equivalent of $9.97/hr. Last year some issues arose regarding this program. It became clear that the effectiveness of the program was directly related to the supervision provided. To complicate matters, the jail annex was closed as well, reducing the availability of persons to work through this program. At the same time, the program suffered some funding setbacks. Because of these two issues, the cost per year has increased to $6,779 assuming the same cities participate this year as did last year. Conclusion The Council should determine, in light of the proposed cost increases, whether the program is something we should participate in next year. ISSUES: At $9.97 per hour, the City could hire a part-time employee and receive equal or better productivity. With the cost rising in 2005, the number of work hours will have to double just to stay at the $9.97 per hour. Scott County representatives indicate that they are optimistic that hours will double to keep the costs similar. Regardless of cost, there is a social benefit to this program that the Council www.cityofpriorlake.com I\COUNCIL\AGNRPTS\200i3\1 00305 Pfig~'~1~'52:a.11:~2380F Fax 952.447.4245 FINANCIAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: may wish to consider. In light of the social benefits of the program and considering our past success with Sentencing to Service, the Council may wish to approve this contract with the understanding that we will into enter into a new contract if the hours in work received through the program are not satisfactory considering the cost. Both the 2005 and 2006 budgets contain only $3,500 each for this program, so the allocations will have to be increased if the City Council authorizes execution of the new contract. 1. Adopt a resolution authorizing participation on the Sentencing to Service program through June 30,2007. 2. Elect not to participate in the program. Alternate #1. I\COUNCIL\AGNRPTS\200S\ 1 0030S to Service .DOC 3 )D 0 L,wl'j-tld //.,., Cca fa RECEIVED AUG 3 010ffi .. .....--,1, ~ """" l~ ttl, ,:)JCOl-:t- SCOTT COUNTY COURT SERVICES GOVERNMENT CENTER JC148 . 200 FOURTH AVENUE WEST' SHAKOPEE, MN 55379-1220 (952) 496-8260 . Fax: (952) 496-8469 . WWW.co.scott.mn.U5 Therese M. McCoy COURT SERVICES DIRECTOR August 29,2005 Frank Boyles City Manager 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 RE: Sentence- To-Service Dear Mr. Boyles, I am writing to invite the City of Prior Lake to once again participate in the Scott County Sentence to Service Program. If your city decides to participate, we will once again ask for a Joint Powers Agreement. The program will continue to run 1 12 adult crews and a 12 time juvenile crew. The biennial contract towards expenses has been equally shared with the participating cities. If the same cities continue in the program partnership, we anticipate the cost for each city for the two-year contract to be $6,779.00 each year for a total of $13,558.00 for the entire contract. This covers the time from July I, 2005 through June 30, 2007. We also wish to continue the practice of an annual payment schedule. If you would like to discuss this or any elements of the program, please feel to contact me. We will welcome any ideas or suggestions you may have based on past experience. We look forward to hearing from you with hope that we can continue to build on our past success. Sincerely, ~ Hc,,-? Therese McCoy ( Director TM/dh An Equal Opportunity/Safety Aware Employer j 610 Re: STS Page 1 of2 Frank Boyles From: Hedberg, Dana [DHedberg@co.scott.mn.us] Sent: Wednesday, September 07,20059:14 AM To: McCoy, Therese; Frank Boyles Subject: RE:: STS Date Location/Type of Work Crew Size Hours Worked 2/4/2004 PL Snow Removal 6 8 2/5/2004 PL Snow Removal 8 8 6/14/2004 PL Hockey Rink 5 8 6/15/2004 PL Hockey Rink 6 8 6/16/2004 PL Hockey Rink 6 7 6/17/2004 PL Paintinq 5 8 6/21/2004 PL Paintinq 7 8 6/22/2004 PL Painting 7 8 6/23/2004 PL Paintinq 5 8 8/19/2004 PL Paintinq 9 8 8/20/2004 PL Painting 8 8 8/30/2004 PL Paintinq 5 8 8/31/2004 PL Paintinq 4 8 9/9/2004 PL Painting 9 8 9/24/2004 PL Paintinq 5 1 9/24/2004 PL Sorinkler System 5 4 2/3/2005 PL Debris Removal 7 5 2/3/2005 PL Cut Thistle Bushes 7 3 3/4/2005 PL Cut & Clear Brush 7 8 3/4/2005 PL Debris Removal 3 8 3/11/2005 PL Cut & Clear Brush 9 4 3/12/2005 PL Cut & Clear Brush 7 5 4/23/2005 PL Cut & Clear Brush 6 8 5/3/2005 PL Cut & Clear Brush 7 8 6/20/2005 PL Adopt a Hiqhway 2 8 6/22/2005 PL Debris Removal 3 8 TOTALS 158 181 The above chart shows the crew size and actual hours (not man hours) worked at each site on each day. Dana J{ed6erg Scott County Court Services From: McCoy, Therese Sent: Wednesday, September 07,20058:32 AM To: 'Frank Boyles' Cc: Hedberg, Dana Subject: RE: STS Math has never been my strong suit! We will get you the actual days and crew size. STS reports on number of crew members on for the day and the number of hours worked at the site. Thanks. TM From: Frank Boyles [mailto:FBoyles@CityofPRIORLAKE.com] 9/1212005 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. The 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 the County necessary to the exercise of its corporate powers. 4. The County and the 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. The County, and the City have determined that it is in the public interest to establish joint community service projects utilizing "Sentencing to Service" personnel. 6. The County and the City have agreed that the 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, the County, and the City hereby agree as follows: JOINT POWERS A. The County and the City agree to jointly and collectively establish community service projects utilizing "Sentencing to Service" personnel for the collective benefit of the County, the City and their citizens. B. The County shall pay directly to the Minnesota Department of Corrections, the County and the City's share of the costs of a crew leader and placing the crews into service on the STS program outlined in that Joint Powers Agreement between the Department of Corrections and Scott County effective July 1, 2001, and incorporated herein by reference as Exhibit A. The City agrees to pay to the County directly its share of the program costs as outlined in Section 3, herein. The County and the City hereby agree that the sole purpose of this agreement is to facilitate the receipt by the City of qualified conservation and beautification projects by "Sentencing to Service" personnel for the County and the City as provided for in Exhibit A, and to facilitate the reimbursement to the County of monies for services provided on behalf of the individual city participants. It is contemplated that no property, whether personal or real, will be acquired as a result of this Joint Powers Agreement. The 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 not specifically outlined in Exhibit A. Sentence To Service Joint Powers Agreement City of Prior Lake Page 2 of 5 SCOPE OF SERVICES A. The County shall forward progress reports to City periodically 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. Work of the crews shall be divided as follows: 1/2 State referred projects and 1/2 County or City referred projects. All projects shall be performed within Scott County. C. The crew leader shall train each work crew in safety principles and techniques relevant to the work being done. D. Suggestions for work projects will be submitted by the County, the City, and the State (DNR or DOC) to the crew leader. The DOC is responsible for screening projects to determine which projects meet STS guidelines. E. 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. TERMS OF PAYMENT A. Scott County agrees to pay to DOC an amount not to exceed $135,578.00 on or before June 30, 2005, for the DOC cost of providing a crew leader and placing the work crews into service on the STS Program during the term of this agreement. B. As their share of the cost of providing a crew leader and placing the work crews into service on the STS Program during the term of this agreement, all similarly participating cities shall pay the remaining one-half of the contract amount in total. The City shall individually pay to the County, an amount not to exceed Six Thousand Seven Hundred Seventy Nine dollars ($6,779.00) for each fiscal year under the contract period totaling Thirteen Thousand Five Hundred Fifty Eight dollars ($13,558.00) for the entire contract period. The amount will be determined by the number of cities participating and will be payable in two installments on or before July 1, 2005, and on or before January 1, 2006. EFFECTIVE DATE OF CONTRACT This contract shall be effective July 1, 2005. TERM OF CONTRACT This contract shall remain in effect until June 30, 2007, or until all obligations set forth in this agreement have been satisfactorily fulfilled, whichever occurs earlier. -.-'"-.-., ._~.,_._-..,..."t.." Sentence To Service Joint Powers Agreement City of Prior Lake Page 3 of 5 AUTHORIZED AGENTS The parties shall appoint authorized agents for the purpose of administration of this contract. Authorized agents are as follows: Therese McCoy Scott County Court Services 200 4th Avenue West, JC148 Shakopee MN 55379-1382 (952) 496-8260 TERMINATION Frank Boyles City Administrator Prior Lake City Hall 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 This contract may be terminated by any party, with or without cause, upon 30 (thirty) 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. DISTRIBUTION OF PROPERTY AND SURPLUS FUNDS There is not intent to acquire property. However, if property is acquired, the 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 remammg 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. "....'"_"'""'~_~".__'<_."..~~_.._.,._."~_"_,,M__.~~~..*_..'-._____~_~___._._u.~"___~ Sentence To Service Joint Powers Agreement City of Prior Lake Page 4 of 5 ENTIRE AGREEMENT It is understood and agreed that the entire agreement of the parties is contained herein and that this contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. This agreement supersedes and terminates the agreement between the Department of Corrections and Scott County executed by Scott County on May 27, 2003, and by the Department of Corrections on November 15, 2001. INDEMNIFICATION County shall save and protect, hold harmless, indemnify, and defend the 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 the 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 (1998), the books, records, documents, and accounting procedures and practices of Provider 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 Provider 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 County of Scott regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed or until the authorized agent of the County notifies Provider in writing that the records need no longer be kept. DATA PRACTICES Provider, its agents, employees and any subcontractors of Provider 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 Provider agrees to indemnify and hold the County, its officers, department heads and employees harmless from any claims resulting from the Provider's unlawful disclosure or use of data protected under state and federal laws. -"""._.'--"'-'"<I,"~'~-'-'_4.__......._._m_-".'_~~-~----"._~._-............._~'"-~--_.,--,-,,~-~._..~._--- Sentence To Service Joint Powers Agreement City of Prior Lake Page 5 of 5 TORT LIABILITY OF POLITICAL SUBDIVISIONS Tort claims or demands against the County or the City shall be governed by Minn. Stat. Sec. 466.01 et seq. IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. SCOTI COUNTY CITY OF Prior Lake by: David J. Unmacht by: Mayor Date: Date: Attest: City Administrator Date: Date: _..', "--""-'~'-"';"'---""><'''-'---'----'''-''-''"'''- ,..._._,-~,-,--,--,.__.",- ."-~~~--*"~..".._,.~,. .,._,-~_.,----'-.'-""-'-' -,.,-~.