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HomeMy WebLinkAbout6H - Amendment to Joint Powers Agreement CITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 16,2007 AGENDA #: 6H PREPARED BY: BILL O'ROURKE, CHIEF OF POLICE 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: History The cities of Belle Plaine, Elko, Jordan, New Market, Prior Lake, Savage and Shakopee entered into a Joint Powers Agreement in July 1991, 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. An operating board was established that consisted of one member from each of the cities of Belle Plaine, Jordan, Prior Lake, Savage and Shakopee. Each of these members had one (1) vote. The cities of Elko and New Market could each appoint a representative to the board, however, each of those could and one half (1/2) vote. Current Circumstances The cities of Elko and New Market have united to become one city, Elko-New Market. The Joint Powers Agreement has been amended to reflect the consolidation of the two cities. Their two, one half (1/2) votes will be combined into a single vote. The number of representatives attending for the necessary quorum is also changed from three and one half (31/2) to four (4) votes for the purpose of conducting Board business. FINANCIAL IMPACT: None www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 ALTERNATIVES: 1. Approve a Resolution authorizing the Mayor and City Manager to execute the Amendment to the Joint Powers Agreement for Prosecution Services. 2. Deny and provide direction to staff. RECOMMENDED MOTION: Alternative # 1. 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 07-XX A RESOLUTION APPROVING AN AMENDMENT TO THE JOINT POWERS AGREEMENT FOR PROSECUTION SERVICES FROM THE SCOTT JOINT PROSECUTION ASSOCIATION MOTION BY: SECOND BY: WHEREAS, the City entered into an agreement for prosecutorial services from the Scott Joint Prosecution Association with the cities of Elko, Jordan, New Market, Savage and Shakopee and 1991; and WHEREAS, the cities of Elko and New Market have become one city, Elko-New Market; and WHEREAS, representation on the Board of Directors for the SJP A has been altered to reflect the combination of the two cities. 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 Prior Lake. PASSED AND ADOPTED THIS 16TH DAY OF JANUARY 2007 YES NO Haugen Haugen Erickson Erickson Hedberg Hedberg LeMair LeMair Millar Millar City Manager, City of Prior Lake www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 JOINT POWERS AGREEMENT For PROSECUTION SERVICES THIS AGREEMENT, originally entered into the 8th day of July, 1991, and as amended on the 20th day of February, 1996, the 13th day of January, 1997, December , 2006, by and between the CITIES OF BELLE PLAINE, ELKO NEW MARKET, JORDAN, PRIOR LAKE, SA V AGE 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 prosecutoria1 powers according to the authority and procedures set forth in Minnesota Statues 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. Joint Powers Board. A Joint Powers Municipal Prosecution Board ("the BOARD") as hereby created. Members of this BOARD shall be the City Manager/Administrator or Police Chief of the member city. The BOARD may exercise its powers in order to accomplish the purposes of the Agreement consistent with Minnesota Statute Section 471.59 and other applicable laws. Each of the CITIES shall appoint one (1) individual to serve on a Joint Powers Board, hereinafter referred to as "the BOARD". Each member shall serve until replaced by the member's respective City. The number ofrepresentative totaling at least four votes shall constitute a quorum for the purposes of conducting BOARD business. The BOARD shall be the employer ofthe employees providing prosecution and support services under the Agreement and shall have the authority to hire, fire, discipline and adopt personnel rules for employees of the BOARD. For the purposes of compensation and personnel practices, the BOARD shall be guided by the compensation and personnel practices ofthe City of Savage. Under no circumstances shall the BOARD'S employees be deemed employees of any of the CITIES. Joint Powers Agreement for Prosecution Services Page 2 of6 The BOARD shall meet at least quarterly to review the quality of the prosecution services. The BOARD shall make recommendations to the CITIES regarding improvement of prosecution, stricter or less-strict plea bargains, job performance of the affected employees, and other matters related to this Agreement. 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 BOARD shall advertise for and hire one or more prosecutors and secretaries or legal assistants who shall be employees ofthe BOARD. The BOARD shall designate one of the prosecutors as chief prosecutor and administrator over the daily affairs of the Association. The number of staff hired and whether they are part or full-time shall depend on the case load to be handled. They shall report to and be supervised by the chief prosecutor/administrator on behalf of the BOARD. 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 BOARD. The CITIES shall contribute a sum of money as set forth below to cover each City's proportionate share of the costs of performing prosecutoria1 services under this Agreement. All BOARD staffbe qualified and licensed to perform such services. None of the work or services covered by this Agreement shall be subcontracted without the prior approval of the BOARD, except in an emergency. 3. Budeet. By August 1 st 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 ofthe Cities for review. Any City objecting to the proposed budget shall so notify the BOARD. In the event the objection is not resolved, such City shall have the right to terminate this Agreement upon one hundred twenty (120) days' prior written notice, if such notice is given on or before September 1 st. 4. Cost Sharine. Each month the BOARD 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 mount. This amount shall be equal to "r", as expressed in the formula r = x (y/z), where: x = one-twelfth 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 month. Joint Powers Agreement for Prosecution Services Page 3 of6 z = the total number of calendar calls set for all the cities the previous month. The CITIES 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. 5. Costs Limited. The BOARD shall keep track of the calendar calls billable under this Agreement at all times. The BOARD shall notify the CITIES if the BOARD anticipates that the costs may exceed one hundred ten (110%) percent of the budget, the BOARD shall bill the CITIES proportionately, by averaging their percentage established as (y/z) in paragraph 4 above for the previous six (6) months, for cost overruns. Any City unsatisfied with any overruns may elect to terminate this Agreement upon ninety (90) days prior written notice as provided below. 6. Civil Matters. A City may request BOARD legal staff to handle civil legal matters, such as zoning enforcement, personnel issues, liquor licensing questions, ordinance preparation, contract review, etc. 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. 7. Excban2:e of Data. All information, data, and reports as are existing, available and necessary for carrying out prosecution services under this Agreement, including police reports and arrest records, shall be furnished to BOARD staff without charge, and the CITIES shall cooperate in every way possible in carrying out prosecution services. 8. Confidentiality. Any reports, data, or similar information given to, prepared or assembled by the BOARD or BOARD staff 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 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. 9. 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 below. Joint Powers Agreement for Prosecution Services Page 4 of6 10. Termination as to One Party. This Agreement may be terminated by any City 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 parties hereto. This Agreement may be terminated by any City upon one hundred twenty (120) days prior written notice given on or before October 15t 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 proposed reasons for termination shall be presented to the BOARD. The BOARD shall discuss these reasons and determine whether specific action should be requested to resolve the issue. All records pertaining solely to the terminating City shall be returned to that City. Any terminating city shall also have returned to it, its proportional share of any existing fund balance. Any fund balance maintained prior to the terminating city becoming a member of SJP A shall not be considered for purposed of determining their terminating city's proportional share for refund. 11. Termination as to All Parties. 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 City of Savage as custodian of such records. The records may be retained, stored, or disposed of according to state law and the City of Savage'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. 12. Indemnification. Each City shall indemnify and defend the BOARD and each of the other CITIES which is a party to this Agreement against, and hold each other harmless from, any and all claims, causes of action, administrative orders, costs, expenses, and liabilities of every kind and nature arising out of the BOARD'S hiring, training, supervision, and personnel actions under this Agreement, including attorneys fees and costs incurred by the BOARD or the CITIES in defending claims to establish or enforce such liabilities. Each of the CITIES shall indemnify and defend each other City and the BOARD against, and hold each other City and the BOARD harmless from, any expenses and liabilities of every kind and nature arising out of the indemnifying City's prosecution prior to this Agreement, its actions in entering into this Agreement, including attorneys fees and costs incurred by any of the CITIES or the BOARD in defending claims to establish or enforce such liabilities. Joint Powers Agreement for Prosecution Services Page 5 of6 13. Liabilitv. The BOARD shall purchase liability insurance from budgeted funds for each attorney hired under this Agreement. This insurance shall cover professional liability, personal injury liability, and disciplinary proceedings costs. The BOARD may also, at its discretion, purchase general liability and directors' and officers' (errors and omissions) insurance. 14. Amendment. This Agreement may be amended only in writing signed by all parties. 15. Notices. All notices required or permitted in this Agreement and required to be in writing may be given by first class mail addressed to any of the CITIES at their respective City Hall. 16. Certification. Each ofthe CITIES certifies, by signing below, that this Agreement has been approved by that City's governing body. 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 CITY OF PRIOR LAKE, MN CITY OF ELKO NEW MARKET, MN By By Its Mayor Date Its Mayor Date By By Its City Manager Date Its City Clerk Date Joint Powers Agreement for Prosecution Services Page 6 of 6 CITY OF JORDAN, MN CITY OF SHAKOPEE, MN By By Its Mayor Date Its Mayor Date By By Its City Administrator Date Its City Administrator Date By Its City Clerk Date