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HomeMy WebLinkAbout4D - Sentencing to Serve Program MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ALTERNATIVES: CITY COUNCIL AGENDA REPORT October 4, 1999 4D 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. History 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 July 1, 1999 through June 30, 2001. Current Circumstances Prior Lake, together with the cities of Jordan, Belle Plaine, 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: 1. Approve participation in the Joint Powers Agreement which would continue the Sentencing to Service Program in Prior Lake through June 30, 2001. 2. Direct that additional information be provided with respect to this proposal. 3, Elect to no longer participate in the program, 162(Hc6tRlscfk~~~\~~~~~innesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER FISCAL IMPACT: RECOMMENDED MOTION: REVIEWED BY: The program's cost for the two year period is $4896 or $2448 per year. This amount is budgeted in the 1999 and Proposed 2000 Budget under Professional Services in the City Manager's budget. Alternative 1. The Sentencing to Service Program is one of the prime examples of how government can maximize Community Services while minimizing costs. Motion and second to authorize participation in the Sentencing to Service Program from July 1, 1999 through June 30, 2001 and authorizing the Mayor and City Manager to execute the attached Joint Powers Agreement. 1:\COUNCIL\AGNRPTS\99\1004_ 4D.DOC ~. " ." ....,; .. ...1 SCOTT COUNTY COURT SERVICES GOVERNMENT CENTER JC148 200 FOURTH AVENUE WEST SHAKOPEE, MN 55379-1220 (612) 496-8260 "JllE ~ lE 0 \IJ lE Wi ~ SEP 1 4 1999 L';! ill -J,I '3y ~- DAVID P. LOFTNESS COURT SERVICES DIRECTOR Fax: (612) 496-8469 September 8, 1999 Frank Boyles City Administrator Prior Lake City Hall 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 RE: Sentence to Service Joint Powers Agreement Dear Mr, Boyles: Please find enclosed two original copies of the Sentence to Service Joint Powers Agreement for the City of Prior Lake, Please review, sign and return 1 copy of the agreement to my attention, Thank you for your continued participation in this program and we look forward to working with you, If you have any questions, please feel free to call me, S!) DavidP. ~ Court Services Director DL/th Enclosures (2) An Equal Opportunity/Safety Aware Employer 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," 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 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; and WHEREAS, 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; and WHEREAS, 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: 1. 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, 1999, 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. 2. 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. 2 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. Upon request by the County, the City 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 non-overtime work, wages or other employment benefits. Upon request, the City 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 $88,125.00.00 on or before June 30, 2001, 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 Progi'am during the term of this agreement, the City shall pay one-half of the contract amount. The City shall individually pay to the County, an amount not to exceed Four Thousand Eight Hundred Ninety Six dollars ($4,896.00) 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 July 1, 1999, and on or before January 1,2000. 4. Effective Date of Contract This contract shall be effective July 1, 1999. 3 5. Term of Contract This contract shall remain in effect until June 30, 2001, 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: David Loftness Scott County Court Services Scott County Courthouse 207 428 South Holmes Street Shakopee MN 55379-1382 (612) 496-8287 Mr. Frank Boyles City Administrator Prior Lake City Hall 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 7. Termination This contract may be terminated by any party, with or without cause, upon 30 (thirty) days written notice to the Authorized Agents ofthe 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. 9. Controlling Law This contract is to be governed by the laws of the State of Minnesota. 10. 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 4 shall assign, sublet, or transfer any interest in this contract without the prior written consent of the others. 11. 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. 12. Separability In the event any provlSlon 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 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, 1997, and by the Department of Corrections on June 11, 1997. 14. 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. 5 l' ( ,. 15. Iniury 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. 16. 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. SCOTT COUNTY J3MhA4u ~ by: Chairman, Scott County Board of Commissioners Date: q-7 -91 Attest: Date: CITY OF: Prior Lake by: Mayor Date: City Administrator 6 4/ r::-"'n \ ~~ ;(/ '(-'