HomeMy WebLinkAbout7B - Sentencing to Serve Program
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
DJScUSSION:
ISSUES
ALTERNATIVES:
STAFF AGENDA REPORT
7B
FRANK BOYLES, CITY MANAGER
CONSIDER APPROVAL OF TWO YEAR JOINT POWERS AGREEMENT
EXTENDING CITY OF PRIOR LAKE PARTICIPATION IN THE
SENTENCING TO SERVICE PROGRAM
AUGUST 16, 1993
Through the Sentencing to Service Program, Individuals convicted of
crimes are sentenced to repay a portion of their "debt to society" through
their labor. The City of Prior Lake has participated in the Sentencing to
Service Program for some years now. This agenda item recommends City
Council approval of a two year Joint Powers Agreement to continue City
participation in the program from August 1, 1993 to June 30, 1995.
Through the Sentencing to Service Program during the period July 1,
1992 through June 30, 1993, the City received approximately 2400 hours
of service through this program. Attached is a comparison of utilization
of the Sentencing to Service Program by participating agencies and a
listing of Prior Lake projects. As you can see, Bill Mangan has been
aggressive in utilizing this program to supplement our existing staff. In a
recent Scott County Administrator's meeting, it became clear that
Administrators in other communities expect to make better use of the
program in the coming years since city costs are identical regardless of
whether more or less hours are used.
Through the Sentencing to Service Program, the City taxpayers receive
an exceptional value. There is simply no better bargain available. The key
to the success of the program is matching the appropriate projects and
supervision to this labor force. To date we have had no problem.
The following alternatives are available to the City Council:
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1. Approve the attached Joint Powers Agreement as submitted,
thereby committing $2843.75 towards this program for the
1994/1995 program years.
2. Discontinue participation in the Sentencing to Service
Program by taking no action.
RECOMMENDATION: I recommend the City Council approve the attached Joint Powers
Agreement extending the City's participation in the Sentencing to Serve
Program for an additional two years for a cost not to exceed $2843.75;
with one-half payable by January 1, 1994 and one-half payable by
January 1, 1995. I will assure that the 1994 and 1995 City budgets
contain funds for this program.
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4629 Dakota 5t. 5.E., Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Page 2
7C
Sentencing to Service
ACTION REQUIRED: Motion to approve the attached Joint Powers Agreement for
1994/195.
AGSENT.WRT
- 2-
SENTENCING TO SERVICE
CONTRACT PERIOD: JULY 1, 1992 - JUNE 30, 1993
FINAL REPORT
CITY
TOTAL HOURS FOR
CONTRACT PERIOD
-------------
---------------
==== -
Belle Plaine
Jordan
New Prague
Prior Lake
Savage
County
1,116
764
1,037
2,390
294
2,379
/
Total Hours
7,980
SENTENCING TO SERVICE
CONTRACT PERIOD: JULY I, 1992 - JUNE 30, 1993
FINAL REPORT
DATE LOCATION PROJECT CREW SIZE HOURS
============ ------ ------- -----~---- ---------- ----
--------------- --------
18-Jun-93 Prior Lake Sand picnic shelter 5 40
17-Jun-93 Prior Lake Clean storage shed 5 40
16-Jun-93 Prior Lake Weed shrubs 7 56
OS-Jun-93 Prior Lake Nursery work 11 88
04-Jun-93 Prior Lake Plant shrubs 7 56
23-Apr-93 Prior Lake Retaining wall 5 40
22-Apr-93 Prior Lake Retaining wall 5 40
21-Apr-93 Prior Lake Retaining wall 4 32
17-Apr-93 Prior Lake Retaining wall 9 72
16-Apr-93 Prior Lake Retaining wall 3 24
lS-Apr-93 Prior Lake Retaining wall 5 40
02-Apr-93 Prior Lake Clear around pond 3 24
01-Apr-93 Prior Lake Clear around pond 5 40
27-Mar-93 Prior Lake Picnic Tables 9 72
26-Mar-93 Prior Lake Picnic tables (3) 8 24
19-Mar-93 Prior Lake Brush trails 10 80
18-Mar-93 Prior Lake Brush trails 9 72
17-Mar-93 Prior Lake Picnic tables, barrels, etc 7 56
12-Mar-93 Prior Lake Picnic Tables (6) 10 60
10-Mar-93 Prior Lake Painting (5) 9 45
06-Mar-93 Prior Lake Fence Removal/Trail Brush 7 56
27-Feb-93 Prior Lake Brush trail 10 80
26-Feb-93 Prior Lake Brush trail 8 64
25-Feb-93 Prior Lake Brush trail 9 72
24-Feb-93 Prior Lake Paint tables 10 80
19-Feb-93 Prior Lake Paint picnic tables 6 48
18-Feb-93 Prior Lake Paint picnic tables 6 48
13-Feb-93 Prior Lake Paint Barrels 5 40
10-Feb-93 Prior Lake Chip brush 7 56
OS-Feb-93 Prior Lake Chip brush 7 56
04-Feb-93 Prior Lake Chip brush 6 48
03-Feb-93 Prior Lake Chip brush 8 64
23-Jan-93 Prior Lake Clr. Fence; paint 7 56
16-Jan-93 Prior Lake Shovel Hydrants 8 64
15-Jan-93 Prior Lake Shovel Hydrants 6 48
08-Jan-93 Prior Lake Picnic Tables 5 40
07-Jan-93 Prior Lake Picnic Tables 6 48
06-Jan-93 Prior Lake Picnic Tables 9 72
02-Jan-93 Prior Lake Picnic Tables 1 8
SENTENCING TO SERVICE
CONTRACT PERIOD: JULY 1, 1992 - JUNE 30, 1993
FINAL REPORT
DATE LOCATION PROJECT CREW SIZE HOURS
=---===== - - ----- = ---- - ----
30-Dec-92 Prior Lake Pond fence removal (4) 2 8
23-Dec-92 Prior Lake New picnic tables 6 48
18-Dec-92 Prior Lake Trail brushing (6) 4 24
17-Dec-92 Prior Lake . Trail brushing (6) 4 24
09-Dec-92 Prior Lake Trail brushing (4) 5 20
04-Dec-92 Prior Lake Trail brushing (4) 3 12
03-Dec-92 Prior Lake Trail brushing (2) 5 10
03-Dec-92 Prior Lake Trail brushing (4) 3 12
21-Nov-92 Prior Lake Park 5 40
20-Nov-92 Prior Lake City Park (5) 3 15
14-Nov-92 Prior Lake City Park 5 40
13-Nov-92 Prior Lake City Park 5 40
12-Nov-92 Prior Lake City Park 6 48
-------
--------
Total 2,390
JOINT POWERS AGREEMENT
BETWEEN THE COUNTY OF SCOTT
AND CITIES 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 cities within the County of
Scott choosing to participate in the Sentencing to Service Program,
hereinafter collectively referred to as "Cities," and listed as follows:
WITNESSETH:
WHEREAS, Minn. Stat. Sec. 609.135, subdivision 1, provides that a
court may order noninstitutional sanctions for a defendant, including
"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 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;
and
WHEREAS, 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; and
WHEREAS, the County and the Cities 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; and
WHEREAS, the County, and the Cities have determined that it is in the
public interest to establish joint community service projects utilizing
"Sentencing to Service" personnel; and
WHEREAS, the County and the Cities 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 Cities
hereby agree as follows:
1. Joint Powers
A. The County and the Cities agree to jointly and collectively
establish community service projects utilizing "Sentencing to
Service" personnel for the collective benefit of the Co~ty, the
Cities and their citizens.
B. The County shall pay directly to the Minnesota Department of
Corrections, the County and the Cities' share of the costs of a
crew leader and placing the crews into service on the STS program
as outlined in that Joint Powers Agreement between the Department
of Corrections and Scott County effective July 1, 1993, and
incorporated herein for reference as Exhibit A. The Cities agree
to pay to the County directly their share of the program costs as
outlined in Section 3, herein.
C. The County and the Cities hereby agree that the sole purpose of
this agreement is to facilitate the receipt by the Cities of
qualified conservation and beautification projects by "Sentencing
to Service" personnel for the County and the Cities 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.
2. Scope of Services
A. The County shall forward progress reports to Cities periodically
to included:
(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 crewleader 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
Cities, and the State (DNR or DOC) to the crewleader. The DOC is
responsible for screening projects to determine which projects
meet STS guidelines.
E. Upon request by the County, the Cities shall certify to any
appropriate bargaining unit agent that the work performed by
inmates will not result in the displacement of currently employed
workers or workers on seasonal layoff from a substantially
equivalent position, including partial displacement such as
reduction in hours of nonovertimne work, wages or other employment
benefits. Upon request, the Cities shall arrange access as
necessary to work sites for DOC for the purpose of performing the
work described in this contract.
3. Terms of Payment
A. Scott County agrees to pay to DOC an amount not to exceed
forty-five thousand, five hundred and no/100 dollars ($45,500.00)
on or before June 30, 1995, 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 the share of the cost of providing a crewleader and placing the
work crews into service on the STS Program during the term of this
agreement, the Cities shall collectively pay one-half of the
contract amount. The Cities shall individually pay to the County,
an amount not to exceed two thousand, eight hundred forty-three
and 75/100 dollars ($2,843.75) for the contract period. The
amount will be determined by the number of cities participating
and will be payable in two installments on or before January 1,
1994, and on or before January 1, 1995.
4. Effective Date of Contract
This contract shall be effective August 1, 1993.
5. Term of Contract
This contract shall remain in effect until June 30, 1995, or until all
obligations 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 agents are as follows:
3
Clifford G. McCann
Scott County Administrator
Scott County Courthouse 110
428 South Holmes Street
Shakopee, MN 55379-1382
(612) 496-8186
Kenneth R. Anderson
Acting City Administrator
Belle Plaine Civic Center
P.O. Box 6
Belle Plaine, MN 56011
Coralee Fox
City Administrator
210 East First
Jordan, MN 55352
Jerome Bohnsack
City Administrator
118 Central Avenue North
New Prague, MN 56071
Frank Boyles
City Administrator
Prior Lake City Hall
4629 Dakota Street SE
Prior Lake, MN 55372
Mark McNeil
City Administrator
Savage City Hall
6000 McColl Drive
Savage, MN 55378
Dennis Kraft
City Administrator
Shakopee City Hall
129 South Holmes St.
Shakopee, MN 55379
7. Termination
This contract may be terminated by any party, with cause, upon 30 days
written notice to the Authorized Agents of the other parties hereto.
8. 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.
4
9. Controllin~ Law
This contract is to be governed by the laws of the State of Minnesota.
10. Successors and AssiRns
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.
11. Ch~~~es
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.
12. Separability
In the event any prov1s10n 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.
13. Entire ARreement
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 26. 1992. and by the Department of
Corrections on June 8. 1992.
14. Iniury to Crewmember
Claims or demands arising out of the injury or death of a crewmember
shall be governed by Minn. Stat. Sec. 3.739.
15. Tort Liability of Political Subdivisions
Tort claims or demands against the County or the Cities shall be
governed by Minn. Stat. Sec. 466.01 et seq.
5
IN WITNESS WHEREOF, the parties have caused this contract to be duly
executed intending to be bound thereby.
SCOTT COUNTY
by
Chairman, Scott County
Board of Commissioners
Date
Attest
Scott County Administrator
Date
CITY OF
by
Mayor
Date
City Administrator
II. POLICY STATEMENT
It is the policy of Scott County Government to provide ~ Opportunity to all
enployees and applicants for employment in accordance with all applicable Fqual
Employment Opportunity and Affinnative Action laws, directives and regulations of
Federal, State and IDeal governing bodies or agencies thereof, specifically
Minnesota Statutes 363.
Scott County will not discriminate against or harass any employee or applicant
for errployment because of race, color, creed, religion, national origin, sex,
disability, age, marital status, or status with regard to public assistance.
Scott County will take Affinnative Action to ensure that all employment practices
are free of such discrimination. Such employment practices include, but are not
limited to, the follCMing: hiring, upgrading, demotion, transfer, recruit:rrent or
recmitment advertising, selection, layoff, disciplinary action, termination,
rates of pay or other foms of canpensation, and selection for training,
including apprenticeship.
Scott Cotmty will use its best efforts to afford minority and female enterprises
wi th the maximJm practicable opportunity to participate in the performance of
subcontracts for construction projects t.l1at this County engages in.
Scott Cotmty will ccmni t the necessary time and resrorces, both financial and
human, to achieve the goals of Equal Employment Opportunity and Affinnative
]i.ction. /
Scott Cotmty fully supp:>rts incoIpOration of norrliscrimination and Affinnative
Action rules arrl regulations into contracts.
Scott Cotmty will evaluate the perfonnance of its management and supenrisory
personnel on the basis of their involvement in achieving these Affinnative Action
objectives as well as other established criteria. Any employee of this County,
or subcontractor to the Cotmty, who does not canply with the Equal Employment
Opport:ur'.i ty Policies and Procedures as set for....h in this Statement and Plan will
l:e subject to cisciplinary action. Any subcontractor not canplying with all
applicable Equal Ehployment Opportunity/Affinnative Action laws, directives and
regulations of the Federal, State and local governing bodies or agencies thereof,
specifically Minnesota Statutes 363 will be subject to appropriate legal
sanctions.
Scott Cotmty has appointed 'n1anas J. Longmire, Personnel Director, to manage the
Equal E:rployment Opportunity Affinnative Action Program. His responsibilities
will include r.onitoring all Equal Employm"J1t Opportunity activities and reporting
the ef::ectiveness of this program, as required by Federal, State and IDeal
agencies. The Scott County Adm:i.nistrator will receive and revi~l reports on the
progress of tl:e program. If any employee or applicant for employment believes
he/sre has l:een discriminated against, please contact lfuanas J. Longmire, Scott
Countv Personnel Department, Rn 104 Scott County Courthouse, Shakopee, Minnesota
55379: or call (612) 496-8103.
c:;):.( li-lJ- /5#3.
Dick Underfertl1. I1ate
Chainnan, Board of Carmissioners