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HomeMy WebLinkAbout4.F.6. Approval of 2014 Sentencing to Service Agreement with Scott CountyConsent Business 4. F. 6. 51- IAK�1'EE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark McNeill, City Administrator DATE: 02/18/2014 SUBJECT: Approval of 2014 Sentencing to Service Agreement with Scott County (D) Action Sought The City Council is asked to approve, by motion, a Joint Powers Agreement (JPA) with Scott County for a continuation of the Sentencing to Service (STS) program for 2014. Background STS work crews consist of non - violent offenders who receive time off jail sentences in exchange for doing public service work. For many years, the City has used STS crews to do work which otherwise would not be scheduled by regular City forces. The type of work that is typically done includes brush and weed removal, litter pick up, painting, and cleaning. In order to continue using STS services, Scott County has asked that the City Council approve a contract for 2014. Recommendation I recommend approval of the Joint Powers Agreement for the Sentencing to Service program with Scott County. Budget Impact Participating jurisdictions within Scott County are billed for the program. Work done by STS crews are billed for a full day at $332.38, or half days at $166.19. Funds must be available within individual departmental budgets. Relationship to Vision This supports Goal D, "Maintain, improve, and create strong partnerships with other public and private sector entities." Requested Action If the Council concurs, it should, by motion, authorize the execution of the Joint Powers Agreement with Scott County for the Sentencing to Service program for the year 2014. Attachments: JPA for STS 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 defendant, including "Sentencing to Service" (STS) 2. Pursuant to Minn. Stat. Sec. 241.20 through 241.23, the inmates available to the head of any state department or a any land, which is within the jurisdiction or control of suc 3. County has authority pursuant to Minn. Stat. Sec. make contracts in relation to the property and e, corporate powers. 4. County and City have authority pursuant to Minn. Stat. any power common to the contracting. parties or any sim 5. County and City have determined that projects utilizing "Sentencing to Service" sanctions for a Comriuss dYi r of Corrections may make gen�`for consiirvation and other work upon h department or ig'e�riey. subdivision 1, to hofcral property and to of County necessary Wd t(fe ,exercise of its .59 to jointly or cooperatively exercise joint community service B. County,, shall pay directly tothe Minnesota Department of Corrections, County and City's share of the costs of a' crew leader and;placing the crews into service on the STS program. City agrees to pay to County directly its share 4 the program costs as outlined in "Terms of Payment", herein. County and City hereby agree,that the sole purpose of this agreement is to facilitate the receipt by City of qualified conservation and b6autification projects by "Sentencing to Service" personnel for County and City and to facilitate the reimbursement to 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. 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. Sentence To Service Joint Powers Agreement City of Shakopee Page 2 of 6 SCOPE OF SERVICES A. County shall forward progress reports to City quarterly 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. In shall agree that work of the crews under that agreement shall be projects and 3/4 County and its local municipalities (Cities);rbff, County and Cities 3/4 shall be performed within Scott County.`'; C. The County does not guarantee STS crew days fo determined between County and City during the referred by City. Based on STS crew availability;" between County and City. A minimum of 6 hours day. A half day of work crew service shall be consrd D. A work crew shall be defined as a minimum of 4 persons E. The crew leader shall train each work cretin' fn being done. F. Proposed work projects will.be submitted by C in advance whenever possibl&.. The DOC is projects meet STS`gCudehnes'.,Crew leader is notify County and. ity if work oject is accept G. It is the in TERMS OF ant with the State, County follows: 1/4 State referred its. All projects under the City:" The City shalk;ceive crew days as of this Agreement fof service on projects rtes of `the crew shall be cfefef'ifined jointly to by CT,bw, shall be consrdeted a work crew lQUr's on site by crew. resenttgperform agreed upon duties. relevant to the work nd State (DNR or DOC) to the crew leader )�r screening projects to determine which to coordinate work project schedule and it is scheduled to be performed. s responsibility .ta certify,in writing to the appropriate bargaining agent that the work t', offenders on City referred pcajects will not result in the displacement of current seasonal workeis;to include reduction in hours, wages, or other employment benefits. City's responsibility to ders on City referred p ice of any work being p my necessary work permits or permissions for work performed Such documentation must be provided to the STS Crew Leader A. City agrees to payCouiLy three hundred thirty two dollars and thirty eight cents ($332.38) per day for crew services recerved. The City agrees to pay $166.19 for half crew days consisting of 3 hours on site. B. County shall submit invoices on a quarterly basis to the authorized agent of the City for payment of work completed. Payments shall be made within thirty (30) days after receipt of invoices. EFFECTIVE DATE OF CONTRACT This contract shall be effective January 1, 2014. Sentence To Service Joint Powers Agreement City of Shakopee Page 3 of 6 TERM OF CONTRACT This contract shall remain in effect until December 31, 2014, or until all obligations set forth in this agreement have been satisfactorily fulfilled, whichever occurs earlier. AUTHORIZED AGENTS The parties shall appoint authorized agents for the purpose of agents are as follows: Tim Cleveland Scott County Community Corrections 200 4th Avenue West, JC148 Shakopee MN 55379 -1382 (952) 496 -8348 TERMINATION This contract may be terminated by any party, with or to the Authorized Agents of the other parties hereto. NOTICES Any notices to be given under this contract postage prepaid, and depositing the same in agents of the parties at the addresses stated h CONTROLLING LAW This contract is to be governed by The to the of such sublet, or;tcapsfer any interest i 1 this of the this contract. Authorized MN 55379 30 (thirty) days written notice same in a sealed envelope, addressed to the authorized themselves, their partners, successors, assigns, and legal ,:contract and to the partners, successors, assigns, and legal aspect to all covenants of this contract. No party shall assign, ct without the prior written consent of the others. SURPLUS FUNDS There is not intent fa acqulke property. However, if property is acquired, 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. Sentence To Service Joint Powers Agreement City of Shakopee Page 4 of 6 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. INDEMNIFICATION County shall save and protect, hold harmless, indemnify, and e and volunteer workers against any and all liability, causes of expense arising from allegedly arising from, or resulting direrd, and omissions and /or negligent acts and omissions of Countg'i City shall save and protect, hold harmless, indemnify, and def agents, employees and volunteer workers against any and all damages or cost and expense arising from, allegedly arrsin from any professional errors and omissions and /or negligent acts artid this agreement. INJURY TO CREW MEMBER Claims or demands arising out of the injury Sec 3.739. COUNTY AND STATE l Cflyj its officers, agents, employees t, claN4'aoss, damages or cost and directly k6m, any professional errors erformance of tlds agreement. County, its commvSSoners, officers, ility, causes of action claims, loss, resulting directly of -4r indirectly from ;sions of [City] in the performance of be governed by Minn. Stat. Pursuant to Minn, Slat. °,Section 16CK Subd. 5 (2067), the books, records, documents, and accounting procedures and practices oi.City 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 liy City for a m;n;mum of sk (6) years following termination of this agreement for such auditin 'purposes 1 f e<, tetentior period shall be automatically extended during the course of any administrative or judicial notion involving the County of Scott regarding matters to which the records are releuant,The retenti on pen6. all be automatically extended until the administrative or judicial action is finally corhpleted or until the authorized "agent of the County notifies City in writing that the records need no longer lie kent. _.. DATA City, its agents, emp16yedsrand any subcontractors of City in providing all services hereunder, agree to abide by the provisiorir'of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minn. Rules promulgated pursuant to Ch. 13. The City agrees to indemnify and hold County, its officers, department heads and employees harmless from any claims resulting from the City s unlawful disclosure, non - disclosure, or use of data protected under state and federal laws. TORT LIABILITY OF POLITICAL SUBDIVISIONS Tort claims or demands against County or City shall be governed by Minn. Stat. Sec. 466.01 et seq. Sentence To Service Joint Powers Agreement City of Shakopee Page 5 of 6 ENTIRE AGREEMENT It is understood and agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between County and City relating to the subject matter hereof. Sentence To Service Joint Powers Agreement City of Shakopee Page 6 of 6 IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. SCOTT COUNTY by: CITY OF SHAKOPEE Gary Shelton, County Administrator Mavor