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HomeMy WebLinkAbout4.G. Approve amendement to Scott Joint Prosecution Association Joint Powers Agreement General Business 4. G. SliAKOI'l E TO: Mayor and City Council FROM: Mark McNeill,City Administrator DATE: 09/02/2014 SUBJECT: Approve Amendment to Scott Joint Prosecution Association Joint Powers Agreement(D) Action Sought To approve the amendment to the Scott Joint Prosecution Association(SJPA)Joint Powers Agreement for prosecution services. Background The Scott Joint Prosecution Association(SJPA)was created in 1991 by five of the seven cities in Scott County. Since that time all of the municipalities in Scott County have joined the Association. The SJPA is governed by an Executive Board,as provided for in a Joint Powers Agreement(JPA). The Executive Board is comprised of a representative from each member city. Presently,the Board make-up consists of six city administrators,and one police chief. The SJPA prosecutes all petty misdemeanors and gross misdemeanors that occur in the seven cities in Scott County. The SJPA is dedicated to only performing prosecution duties. Under the terms of the JPA,the SJPA works jointly with the Scott County Attorney's Office to effectively review police reports,make legal determinations,and ultimately prosecute non-felony crimes occurring in the member cities. It also prosecutes code violations. The SJPA has worked relatively well since its inception. In 2003,the employees of the SJPA began being housed in the Scott County Attorney's Office,and the two entities worked to cover each case for each other as needed,as that was more efficient than hiring additional staff to cover the multitude of court venues. However,the personnel policies and wages were kept separate. Administrative work for the SJPA has recently been performed by the City of Savage. In September,2013,the SJPA Board contracted with Springsted,Inc.to conduct an evaluation of the current SJPA structure to determine if it would be more cost effective to establish an organizational structure that would transfer the financial and management oversight to the Scott County Attorney's office under a contractual agreement. That report also analyzed four organizational staffing approaches. After review and consideration by the SJPA Board,it was agreed that the option of contracting with the County to handle prosecution services for the SJPA was in the Association's best interest. This option provides the Association members with the highest level of prosecution services,for(in most cases)no cost to the member cities. The police chiefs in each of the member cities have also provided input and insight into this review process. There is overwhelming support from the law enforcement community that we should maintain the positive relationship with the County Attorney's office that has been in place for quite some time. Under this scenario,the employees of the SJPA would be absorbed into the County Attorney's office,effective October 1,2014. Current SJPA employees would become County employees at compensation levels equal to or greater than their current rate of pay. Employees would also be compensated for the accrued leave balances that have been in place as of September 30,2014. Costs related to any benefit accrual payments would be covered out of funds that exist within the SJPA fund balance. Recommendation On August 25,2014,the SJPA Board met and unanimously approved recommending to each of the SJPA member city that the SJPA Joint Powers Agreement be amended to provide the Board with the ability to contract with the County for prosecution services.A copy of the proposed amendment to the SJPA Joint Powers agreement is shown in attachment 41.The proposed agreement by and between the SJPA Board and Scott County is shown in attachment#2. The SJPA Board has approved the proposed prosecution services agreement with Scott County,pending each of the SJPA member cities approval of the amendment to the Joint Powers Agreement. The County Board would also have to agree. The agreement with the County has a proposed effective date of October 1,2014. Budget Impact Almost all of the member cities'costs--with the exception of Shakopee--have been covered through the revenues received from court fines and penalties. Shakopee has typically generated between 40 to 45%of the SJPA's cases, which is the basis upon which costs have been proportionately billed. Shakopee's caseload has nearly always caused the cost of prosecution to exceed fine and penalty revenues. Shakopee has paid the difference--since 2010, the City's annual net cost for prosecution services has ranged from$181,331,to$317,596. Under the terms of the proposed agreement,the SJPA members would not be charged anything for prosecution services.However, all fine and penalty revenues generated,and not otherwise specified by State law,would be retained by the County.Essentially,the member cities would receive prosecution services at no cost. If in the future, fine and penalty revenues are consistently not adequate to cover the costs associated with the services provided,the County could seek additional payments from the SJPA member cities. The County would be required to notify the SJPA Board one year in advance of the need for additional payments.The SJPA Board would have the ability at that time to agree to the additional costs,or terminate the agreement and seek other alternatives for prosecution services.Other alternatives could include seeking proposals from private law firms,hiring their own employees to perform the services,or disbanding the organization altogether and contracting out for prosecution services,much like most cities currently do for civil legal services. Relationship To Visioning This supports Goal D, "Maintain,create and improve strong partnerships with other public and private sector entities." Requested Action If the Council concurs,it should,by motion,approve the amendment to the Scott Joint Powers Association Joint Powers Agreement providing for the ability to contract with Scott County for prosecution services. Attachments: Proposed Amendment Current SJPA Agreement AMENDMENT TO AGREEMENT This Amendment to the Joint Powers Agreement for Prosecution Services originally entered on July 8, 1991 and as amended, is made and entered into this day of , 2014, by and between the cities of Shakopee, Prior Lake, Belle Plaine, Savage, Elko New Market, Jordan, and New Prague, all Minnesota municipal corporations, hereinafter referred to as"the Cities." WITNESSETH THAT: WHEREAS, the Cities previously entered into an agreement to form a board capable of hiring and managing staff to perform prosecution services for the Cities; and WHEREAS, the Cities would like the board to be able to contract for staff services; and WHEREAS, the Cities find it to be to their mutual benefit to revise the terms of the aforementioned Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree that the aforementioned Agreement is amended pursuant to Clause 14 of the Agreement as follows (strikethrough for deletions and additions underlined): 1. Clause 6, Powers and Duties of the BOARD, paragraph b, SHALL BE AMENDED TO READ AS FOLLOWS: The BOARD may opt to contract with a separate entity for prosecution and support services under this Agreement or may employ individuals to perform prosecution and support services under this Agreement. If the BOARD opts to hire employees to provide prosecution and support services under this Agreement, the BOARD shall have the authority to hire, fire, discipline and adopt personnel rules for employees of the BOARD. Under no circumstances shall the BOARD'S employees be deemed employees of any of the CITIES. If the BOARD opts to be an employer: 2. Clause 7,SJPA Staff and Administration,SHALL BE AMENDED TO READ AS FOLLOWS: A. The BOARD shall have the authority to contract for all services necessary to achieve the goals of this Agreement, including, but not limited to, prosecutor, administrative support, and fiscal agency services_ 1). The CITIES shall assign all rights and interests to fine, penalty and fee monies arising out of the prosecutions handled under this Agreement to the BOARD and further agree that the BOARD shall have the authority to assign or use said monies to finance activities under this Agreement. 2). If at any time it is determined that the funds set out above are insufficient to pay for the services contemplated herein, the CITIES shall contribute a sum of money as set forth below to cover each City's proportionate share of the costs of performing prosecutorial services under this Agreement. None of the work or services covered by this Agreement shall be subcontracted without the prior approval of the BOARD, except in an emergency. B. As an alternative to contracting work, the BOARD may opt to act as the employer, in which case it may advertise for and hire one or more prosecuting attorneys, secretaries, and legal assistants who shall be employees of the SJPA. All SJPA attorneys must be licensed and qualified to peform their job duties. Under this option, the BOARD shall designate one of the prosecutors as the Chief Prosecutor who shall administer the daily affairs of the SJPA and report to the BOARD. The number or staff hired and whether they are part or full-time shall depend on the case load to be handled. The SJPA staff shall report to and be supervised by the Chief 1 Prosecutor on behalf of the BOARD. None of the work or services covered by this Agreement shall be subcontracted by the cities or the SJPA staff without the prior approval of the BOARD, except in an emergency. Under this option,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 decision relating to BOARD staff shall be made by the BOARD and payment shall be the same as set out above. 3. Clause 10, Civil Matters, BY ADDING THE FOLLOWING AS THE FIRST LINE: Where the BOARD has opted to act as an employer: 4. OTHER CONTRACT PROVISIONS: All provisions of the aforementioned Agreement approved and not specifically amended hereto shall continue with full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands on the date written below(counterparts acceptable). CITY OF SAVAGE, MN By: Its Mayor By: Its City Administrator Date: 2 CITY OF PRIOR LAKE By: Its Mayor By: Its City Manager Date: 3 CITY OF JORDAN By: Its Mayor By: Its City Administrator Date: 4 CITY OF SHAKOPEE, MN By: Its Mayor By: Its City Administrator Date: 5 CITY OF BELLE PLAINE, MN By: Its Mayor By: Its City Administrator Date: 6 CITY OF ELKO NEW MARKET By: Its Mayor By: Its City Administrator Date: 7 CITY OF NEW PRAGUE By: Its Mayor By: Its City Administrator Date: 8 General Business 4. G. SHAKOPEE TO: Mayor and City Council FROM: Mark McNeill,City Administrator DATE: 09/02/2014 SUBJECT: Approve Amendment to Scott Joint Prosecution Association Joint Powers Agreement(D) Action Sought To approve the amendment to the Scott Joint Prosecution Association(SJPA)Joint Powers Agreement for prosecution services. Background The Scott Joint Prosecution Association(SJPA)was created in 1991 by five of the seven cities in Scott County. Since that time all of the municipalities in Scott County have joined the Association. The SJPA is governed by an Executive Board, as provided for in a Joint Powers Agreement(PA). The Executive Board is comprised of a representative from each member city. Presently,the Board make-up consists of six city administrators,and one police chief The SJPA prosecutes all petty misdemeanors and gross misdemeanors that occur in the seven cities in Scott County. The SJPA is dedicated to only performing prosecution duties. Under the terms of the PA,the SJPA works jointly with the Scott County Attorney's Office to effectively review police reports,make legal determinations, and ultimately prosecute non-felony crimes occurring in the member cities. It also prosecutes code violations. The SJPA has worked relatively well since its inception. In 2003,the employees of the SJPA began being housed in the Scott County Attorney's Office, and the two entities worked to cover each case for each other as needed,as that was more efficient than hiring additional staff to cover the multitude of court venues. However,the personnel policies and wages were kept separate. Administrative work for the SJPA has recently been performed by the City of Savage. In September,2013,the SJPA Board contracted with Springsted,Inc.to conduct an evaluation of the current SJPA structure to determine if it would be more cost effective to establish an organizational structure that would transfer the financial and management oversight to the Scott County Attorney's office under a contractual agreement. That report also analyzed four organizational staffing approaches. After review and consideration by the SJPA Board, it was agreed that the option of contracting with the County to handle prosecution services for the SJPA was in the Association's best interest. This option provides the Association members with the highest level of prosecution services,for(in most cases)no cost to the member cities. The police chiefs in each of the member cities have also provided input and insight into this review process. There is overwhelming support from the law enforcement community that we should maintain the positive relationship with the County Attorney's office that has been in place for quite some time. Under this scenario,the employees of the SJPA would be absorbed into the County Attorney's office,effective October 1,2014. Current SJPA employees would become County employees at compensation levels equal to or greater than their current rate of pay. Employees would also be compensated for the accrued leave balances that have been in place as of September 30,2014. Costs related to any benefit accrual payments would be covered out of funds that exist within the SJPA fund balance. Recommendation On August 25,2014,the SJPA Board met and unanimously approved recommending to each of the SJPA member city that the SJPA Joint Powers Agreement be amended to provide the Board with the ability to contract with the County for prosecution services.A copy of the proposed amendment to the SJPA Joint Powers agreement is shown in attachment#1. The proposed agreement by and between the SJPA Board and Scott County is shown in attachment#2. The SJPA Board has approved the proposed prosecution services agreement with Scott County,pending each of the SJPA member cities approval of the amendment to the Joint Powers Agreement. The County Board would also have to agree. The agreement with the County has a proposed effective date of October 1, 2014. Budget Impact Almost all of the member cities'costs--with the exception of Shakopee--have been covered through the revenues received from court fines and penalties. Shakopee has typically generated between 40 to 45%of the SJPA's cases, which is the basis upon which costs have been proportionately billed. Shakopee's caseload has nearly always caused the cost of prosecution to exceed fine and penalty revenues. Shakopee has paid the difference--since 2010, the City's annual net cost for prosecution services has ranged from$181,331,to$317,596. Under the terms of the proposed agreement,the SJPA members would not be charged anything for prosecution services.However,all fine and penalty revenues generated, and not otherwise specified by State law,would be retained by the County.Essentially,the member cities would receive prosecution services at no cost. If in the future, fine and penalty revenues are consistently not adequate to cover the costs associated with the services provided,the County could seek additional payments from the SJPA member cities. The County would be required to notify the SJPA Board one year in advance of the need for additional payments. The SJPA Board would have the ability at that time to agree to the additional costs, or terminate the agreement and seek other alternatives for prosecution services. Other alternatives could include seeking proposals from private law firms,hiring their own employees to perform the services,or disbanding the organization altogether and contracting out for prosecution services,much like most cities currently do for civil legal services. Relationship To Visioning This supports Goal D, "Maintain,create and improve strong partnerships with other public and private sector entities." Requested Action If the Council concurs,it should,by motion,approve the amendment to the Scott Joint Powers Association Joint Powers Agreement providing for the ability to contract with Scott County for prosecution services. Attachments: Proposed Amendment Current SJPA Agreement AMENDMENT TO AGREEMENT This Amendment to the Joint Powers Agreement for Prosecution Services originally entered on July 8, 1991 and as amended, is made and entered into this day of , 2014, by and between the cities of Shakopee, Prior Lake, Belle Plaine, Savage, Elko New Market, Jordan, and New Prague, all Minnesota municipal corporations, hereinafter referred to as"the Cities." WITNESSETH THAT: WHEREAS, the Cities previously entered into an agreement to form a board capable of hiring and managing staff to perform prosecution services for the Cities; and WHEREAS, the Cities would like the board to be able to contract for staff services; and WHEREAS, the Cities find it to be to their mutual benefit to revise the terms of the aforementioned Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree that the aforementioned Agreement is amended pursuant to Clause 14 of the Agreement as follows (strikethrough for deletions and additions underlined): 1. Clause 6, Powers and Duties of the BOARD, paragraph b, SHALL BE AMENDED TO READ AS FOLLOWS: The BOARD may opt to contract with a separate entity for prosecution and support services under this Agreement or may employ individuals to perform prosecution and support services under this Agreement. If the BOARD opts to hire employees to provide prosecution and support services under this Agreement, the BOARD shall have the authority to hire, fire, discipline and adopt personnel rules for employees of the BOARD. Under no circumstances shall the BOARD'S employees be deemed employees of any of the CITIES. If the BOARD opts to be an employer: 2. Clause 7, SJPA Staff and Administration, SHALL BE AMENDED TO READ AS FOLLOWS: A. The BOARD shall have the authority to contract for all services necessary to achieve the goals of this Agreement, including, but not limited to, prosecutor, administrative support, and fiscal agency services, 1). The CITIES shall assign all rights and interests to fine, penalty and fee monies arising out of the prosecutions handled under this Agreement to the BOARD and further agree that the BOARD shall have the authority to assign or use said monies to finance activities under this Agreement. 2). If at any time it is determined that the funds set out above are insufficient to pay for the services contemplated herein, the CITIES shall contribute a sum of money as set forth below to cover each City's proportionate share of the costs of performing prosecutorial services under this Agreement. None of the work or services covered by this Agreement shall be subcontracted without the prior approval of the BOARD, except in an emergency. B. As an alternative to contracting work, the BOARD may opt to act as the employer, in which case it may advertise for and hire one or more prosecuting attorneys, secretaries, and legal assistants who shall be employees of the SJPA. All SJPA attorneys must be licensed and qualified to peform their job duties. Under this option, the BOARD shall designate one of the prosecutors as the Chief Prosecutor who shall administer the daily affairs of the SJPA and report to the BOARD. The number or staff hired and whether they are part or full-time shall depend on the case load to be handled. The SJPA staff shall report to and be supervised by the Chief 1 Prosecutor on behalf of the BOARD. None of the work or services covered by this Agreement shall be subcontracted by the cities or the SJPA staff without the prior approval of the BOARD, except in an emergency. Under this option, 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 decision relating to BOARD staff shall be made by the BOARD and payment shall be the same as set out above. 3. Clause 10, Civil Matters, BY ADDING THE FOLLOWING AS THE FIRST LINE: Where the BOARD has opted to act as an employer: 4. OTHER CONTRACT PROVISIONS: All provisions of the aforementioned Agreement approved and not specifically amended hereto shall continue with full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands on the date written below(counterparts acceptable). CITY OF SAVAGE, MN By: Its Mayor By: Its City Administrator Date: 2 CITY OF PRIOR LAKE By: Its Mayor By: Its City Manager Date: 3 CITY OF JORDAN By: Its Mayor By: Its City Administrator Date: 4 CITY OF SHAKOPEE, MN By: Its Mayor By: Its City Administrator Date: 5 CITY OF BELLE PLAINE, MN By: Its Mayor By: Its City Administrator Date: 6 CITY OF ELKO NEW MARKET By: Its Mayor By: Its City Administrator Date: 7 CITY OF NEW PRAGUE By: Its Mayor By: Its City Administrator Date: 8 JOINT POWERS AGREEMENT For PROSECUTION SERVICES THIS AGREEMENT, entered into the 14th day of December, 2009 by and between the CITIES OF BELLE PLAINE,ELKO NEW MARKET, JORDAN,NEW PRAGUE, PRIOR LAKE, SAVAGE 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 prosecutorial powers according to the authority and procedures set forth in Minnesota Statutes 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. Scott County Joint Prosecution Association. Pursuant to the authority provided for in Minnesota Statute Section 471.59 the CITIES desire to exercise their prosecutorial authority by establishing one entity to provide prosecutorial services to the CITIES. The CITIES hereby establish the Scott County Joint Prosecution Association(PROSECUTION ASSOCIATION.) This Joint Powers Agreement sets out the purpose, governance, duties and responsibilities of the CITIES and the PROSECUTION ASSOCIATION. 1.1 Governance. The Scott County Joint Prosecution Association shall be governed by a Board which is hereby created and shall be referred to as the Scott County Prosecution Association Board(or"BOARD".)The BOARD may exercise such powers as necessary to accomplish the purposes of the Agreement consistent with Minnesota Statute Section 471.59 and other applicable laws. The BOARD shall be comprised of seven(7)members, one (1)from each of the member CITIES. Each of the CITIES shall appoint one (1) individual to serve on the Joint Powers Board. The City appointee must be the City Manager, City Administrator or Chief of Police. Each member shall serve Joint Powers Agreement for Prosecution Services Page 2 of 7 until replaced by the member's respective City. The Scott County Attorney shall be an ex-officio,non voting member of the BOARD. Each BOARD member shall not be compensated and are not employees of the PROSECUTION ASSOCIATION. The BOARD shall elect one of its members to serve as the Chairperson. A Chairperson shall serve a one (1)year term. A term shall begin on January 1 and end on December 31. A Chairperson cannot serve more than two (2) consecutive terms. 1.2 Voting and Quorum. Each City Board member shall have one (1)vote. Four(4)voting members shall constitute a quorum for the purposes of conducting BOARD business All business voted on by the BOARD shall require a majority vote of the members of the BOARD,unless otherwise specified herein. The BOARD shall meet at least bi-annually as determined by the Chair,unless a majority of the BOARD determines otherwise. 1.3 Employment of Personnel. The Scott County Joint Prosecution Association shall,through its BOARD have the authority pursuant to this Agreement to hire, fire, discipline and adopt personnel rules for all employees retained by the BOARD to provide services to the member CITIES. Employees retained by the BOARD are employees of the Scott County Joint Prosecution Association and under no circumstances shall the BOARD'S employees be deemed employees of any of the CITIES. The BOARD may make recommendations to the CITIES regarding changes in how to manage cases for prosecution,the policy towards plea bargains for certain categories of crimes,job performance of the affected employees, and other matters related to services provided by the PROSECUTION ASSOCIATION. 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 City of Savage will serve as the Fiscal Agent for the PROSECUTION ASSOCIATION and will provide accounting,payroll and benefit services for PROSECUTION ASSOCIATION Staff. The Fiscal Agent shall be compensated by an amount determined in the BOARD approved budget set annually. The BOARD shall advertise for and hire one or more prosecutors, secretaries or legal assistants (collectively"Staff") depending upon the case load of the PROSECTION ASSOCIATION. The Staff shall be employees of the PROSECUTION ASSOCIATION.All BOARD Staff must be qualified and licensed to perform the services they are employed to do. The BOARD shall designate one of the prosecutors as Chief Prosecutor. The Chief Prosecutor shall report directly to the BOARD. The Chief Prosecutor shall also be the Administrator of the PROSECUTION ASSOCIATION and responsible for the daily operation and affairs of the PROSECUTION ASSOCIATION... Joint Powers Agreement for Prosecution Services Page 3 of 7 Staff shall report to and be supervised by the Chief Prosecutor on behalf of the BOARD. All hiring, firing, and other personnel decisions relating to PROSECUTION ASSOCIATION Staff shall be made by the BOARD. None of the work or services provided by the PROSECUTION ASSOCIATION shall be subcontracted for without the prior approval of the BOARD. 3. Budget. The CITIES shall contribute a sum of money as set forth below to cover each City's proportionate share of the costs of performing prosecutorial services under this Agreement. By September 1St 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 of the CITIES for review. Any City objecting to the proposed budget shall so notify the BOARD within sixty(60) days. In the event the objection is not resolved, such City shall have the right to terminate its participation in the PROSECUTION ASSOCIATION and withdraw from this Agreement. One hundred twenty (120) days written notice is required, if such notice is given on or before September lst. In the event that notice to withdraw is not provided per the terms of this agreement,the terminating City will be required to pay 50%of their quarterly cost. 4. Cost Sharing. Each quarter the Fiscal Agent 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 amount. This amount shall be equal to "r", as expressed in the formula r=x(y/z),where: x= one-fourth 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 quarter. z= the total number of calendar calls set for all the cities the previous quarter. The PROSECUTION ASSOCIATION Staff and Scott County Attorney's Staff 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 4.1 Costs Limited. The Chief Prosecutor at all times shall keep track of the calendar calls billable by the PROSECUTION ASSOCIATION and keep the Fiscal Agent advised. The Fiscal Agent shall advise the BOARD if the costs may exceed one hundred ten(110%)of the amount budgeted. The BOARD shall notify the CITIES of the potential cost overrun and invoice the CITIES Joint Powers Agreement for Prosecution Services Page 4 of 7 proportionately. The amount shall be determined by averaging a City's percentage of the prosecutorial services provided using (y/z) in paragraph 4 above for the previous six(6)months. 4.2 Costs Overrun. Any City unsatisfied with any overruns may elect to terminate this Agreement upon one hundred twenty(120) days prior written notice as provided below. In the event that notice to withdraw is not provided per the terms of this agreement,the terminating City will be required to pay 50%of their quarterly cost. 5. Civil Matters. A City may request PROSECUTION ASSOCIATION legal Staff to handle a civil legal matter, if the City's City Attorney for civil matters has a conflict of interest. A City Attorney may also recommend to the City Manager or City Administer that PROSECUTION ASSOCIATION Staff investigate a potential criminal issue involving City Staff or a member of its City Council. 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. 6. Exchange of Data. All information, data, and reports existing, available and necessary to carryout prosecution services under this Agreement, including police reports and arrest records, shall be furnished to PROSECUTION ASSOCIATION Staff without charge, and the CITIES shall cooperate in every way possible in carrying out prosecution services. 7. Confidentiality. Any reports, data, or similar information given to,prepared or assembled or maintained by the PROSECUTION ASSOCIATION 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 of the of the requesting 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. 8. 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 in this Agreement.. 9. Termination as to One Party. A member City may terminate and withdraw its participation in this Agreement 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 member CITIES.. This Agreement may be terminated by any City upon one hundred twenty(120)days prior written notice given on or before November 1St 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 reasons a City is terminating its participation may be presented to the BOARD. The BOARD may consider the stated reasons and determine whether there is any action the BOARD could Joint Powers Agreement for Prosecution Services Page 5 of 7 take to resolve to resolve the issue. All records pertaining solely to the terminating City shall be returned to that City. Any terminating City shall have its proportional share of any existing fund balance returned to it.. Any fund balance maintained prior to the terminating City becoming a member of PROSECUTION ASSOCIATION shall not be considered for purposes of determining the terminating City's proportional share for refund. 10. Termination as to All Parties. This Agreement shall remain in full force and effect unless a majority of the CITES' governing bodies vote in favor of dissolution, if dissolution is necessitated by operation of law as a result of a decision by a court of competent jurisdiction or when a majority of remaining CITIES agree to terminate the Agreement upon a date certain. 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 Fiscal Agent as custodian of such records. The records may be retained, stored, or disposed of according to state law and the Fiscal Agent'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. 11. Indemnification. The PROSECUTION ASSOCIATION shall be considered a separate and distinct public entity to which the CITIES have transferred all responsibility and control for actions taken pursuant to this Agreement. To the fullest extent permitted by law,actions by the CITIES pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the CITIES that they shall be deemed a "single governmental unit" for purposes of liability,as set forth in Minnesota Statutes Section 471.59, subdivision 1 a(a);provided further that for purposes of that statute,each CITY expressly declines responsibility for the acts or omissions of the other party. The CITIES are not liable for the acts or omissions of the other CITIES except as to the extent to which they have agreed in writing to be responsible. The PROSECUTION ASSOCIATION shall defend, indemnify and hold harmless the CITIES against all claims, losses, liabilities, suits,judgments, costs and expenses arising out of action or inaction of the governing board, its directors,the Chief Prosecutor and Administrator and other employees or agents of the PROSECUTION ASSOCIATION pursuant to this Agreement. The PROSECUTION ASSOCIATION shall defend and indemnify the employees of the CITIES acting pursuant to the Agreement except for any act Joint Powers Agreement for Prosecution Services Page 6 of 7 or omission for which the CITIES employee is guilty of malfeasance,willful neglect of duty or bad faith. This Agreement to defend and indemnify does not constitute a waiver by the PROSECUTION ASSOCIATION or any CITY of the limitations on liability provided by Minnesota Statutes Chapter 466. 12. Liability. The BOARD shall purchase liability insurance from budgeted funds to cover the PROSECUTION ASSOCIATION and individual for each attorney employed by the PROSECUTION ASSOCIATION. This insurance shall cover professional liability,personal injury liability, and disciplinary proceedings costs. The BOARD shall also purchase general liability and at it's discretion purchase directors' and officers' (errors and omissions) insurance. 13. Amendment. This Agreement may be amended only in writing signed by all CITIES. 14. Notices. All written notices required pursuant to this Agreement may be given by first class mail addressed to any of the CITIES at their respective City Hall,by facsimile addressed to the City Manager or City Administrator or by personal delivery to the City Manager or City Administrator. 15. Certification. This agreement sets forth all understandings of the CITIES. All prior agreements, understandings, representations whether consistent or inconsistent,verbal or written, concerning this Agreement are merged into and superseded by this written Agreement. Each of the CITIES certifies,by signing below,that this Agreement has been approved by that City's governing body and City Attorney. Joint Powers Agreement for Prosecution Services Page 7 of 7 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 Administrator Date Its City Administrator Date 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 CITY OF NEW PRAGUE, MN By Its Mayor Date By Its City Administrator Date