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HomeMy WebLinkAbout15.F.8. Sentence to Service Participation CITY OF SHAKOPEE Is: t=: P. Memorandum TO: Mayor and City Council CONSENT FROM: Mark McNeill, City Administrator SUBJECT: Sentence to Service Participation DATE: September 2 2005 INTRODUCTION: The Council is asked to approve renewal of a joint powers agreement for the Scott County Sentence to Service Program. BACKGROUND: I have been contacted by Scott County Court Services, asking if the City is interested in renewing the two year contract with Court Services for the Sentence to Service Program. The Sentence to Service crews are used to do work that otherwise cannot be done byCity employees, and uses work release offenders. In the past, STS has been used for brush clean-up, trash and litter pick-up, and graffiti removal. The City has participated in this program for many years, and we find it to be a cost effective way of performing jobs that otherwise would not easily get done. BUDGET IMPACT: The cost to the City for two years is $13,558, or$6,799 annually. This amount is provided in the administration portion of the budget. RECOMMENDATION: We recommend that the. City Council authorize participation in the Sentence to Service program. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize the appropriate City officials to execute the Joint Powers Agreement with Scott County Court Services, for the Sentence to Service Program, for the year July 1, 2005 - June 30, 2007. '1J~~ Mark McNeill City Administrator MM:th * ...... IL_ l~~i' " SCOTT COUNTY COURT SERVICES Scott GOVERNMENT CENTER JC148 . 200 FOURTH AVENUE WEST. SHAKOPEE, MN 55379-1220 (952) 496-8260 . Fax: (952) 496-8469 . www.co.scott.mn.us Therese M. McCoy COURT SERVICES DIREGOR August 29, 2005 Mark McNeill City Manager 129 South Holmes Street Shakopee, MN 55379 RE: Sentence- To-Service Dear Ms. Smith, I am writing to invite the City of Shakopee 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 V2 adult crews and a ~ 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 1, 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, 6A---- 't\Av'-L Therese McCoy Director TM/dh An Equal Opportunity/Safety Aware Employer 61' JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SCOTT AND CITY OF SHAKOPEE 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 Shakopee 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 II (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 deparhnent or agency for conservation and other workupon any land, which is within the jurisdiction or control of such deparhnent 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 IISentencing to Service II 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 II personnel for the collective benefit of the County, the City and their citizens. B. The County shall pay directly to the Minnesota Deparhnent 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 aollars ($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 I, 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. 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 Mark McNeill Scott County Court Services City Administrator 200 4th Avenue West, JC148 Shakopee City Hall Shakopee MN 55379-1382 129 South Holmes Street (952) 496-8260 Shakopee,MN 55379 TERMINATION 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 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. 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. Sentence To Service Joint Powers Agreement City of Prior Lake Page 5 of5 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 CITY OF SHAKOPEE by: by: David J. Unmacht Mayor Date: Date: Attest: City Administrator Date: Date: