HomeMy WebLinkAbout15.F.8. Sentence to Serve Joint Powers Agreement
IS'. F. r.
CITY OF SHAKOPEE
Memorandum
CONSENT
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Sentence to Service Joint Powers Agreement
DATE: January 29,2004
INTRODUCTION:
The Council is asked to approve an agreement with Scott County, so as to participate in
the "Sentence to Service" program.
BACKGROUND:
For several years, the City has been a participant in the Sentence to Service (STS). In
this program, non-violent offenders from the Scott County jail are able to reduce their
sentence by working public improvement types of jobs. It has been a very beneficial
program for the recipient cities. The types of work that STS are items that would be
difficult to otherwise get done - brush clearing, painting, clean up of roadside ditches,
and the like.
The cunent two-year contract with the County for STS started July 1, 2003, but the City
just received the request for renewal. The contract is proposed to be for two-years
meaning that it would expire June 30, 2005.
This is a renewal; however, the amount of money over the two-years ($6,500) is in excess
of the $5,000 which can be agreed to administratively. The payment is made in two-one
year installments; $3500 is provided in the 2004 budget for this.
RECOMMENDATION:
This is a very worthwhile program, and the City receives far more in benefits than the
$3,250 as the City's share of administrative costs. I recommend approval.
ACTION REQUIRED:
If the Council concurs, it should, by motion, authorize the appropriate officials to execute
the Sentence to Service Joint Powers Agreement with Scott County.
lUJ~~
Mark McNeill
City Administrator
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JOINT POWERS AGREEMENT
-- - ----.---SETWEEN-THE-COtJNTY-OF-SCOTT"ANO-CITY-OF-SHAKOPEE-.---- _....u --.-. -.. "-
IN THE COUNTY OF SCOTT FORPARTICIPATION IN THE SENTENCING TO SERVICE PROGRAM
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and the City of Shakopee in the County of Scott hereinafter referred to as "City,"
RECITALS
1. Minn. Stat. Sec. 609.135, subdivision I, provides that a court may order non-institutional sanctions for a
defendant, including "Sentencing to Service" (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 department or agency Jor conservation and other work upon
any land, which is within the jurisdiction or control of such department or agency.
3. The County has authority pursuant to :Minn. Stat. Sec. 373.01, subdivision I, 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 conunon 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 "Sentencing to Service" 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" 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 1,2003, 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
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SCOPE OF SERVICES
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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) T otaI 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.
,
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
51'5 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 $97,500.00.00 on or before January 1,2005
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, the participating Cities shall pay one-half of the contract
amount. The City shall individually pay to the County, an amount not to exceed Six Thousand Five
Hundred dollars ($6,500.00) for the contract period. The amount will be determined by the number of
cities participating and will be payable in two installments on or before July 1, 2003, and on or before
January 1, 2005.
EFFECTIVE DATE OF CONTRACT
This contract shall be effective July 1, 2003.
TERM OF CONTRACT
This contract shall remain in effect until June 30, 2005, or until all obligations set forth in this agreement
have been satisfactorily fulfilled, whichever occurs earlier.
Sentence To Service J oint Powers Agreement
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AUTHORIZED AGENTS
_ ,n ,_ __ _ _Jh~__F!!fti~~ ..$.h911 i,!P-P-Q.4Jt_<!,y'!;b..9.riz.~d_~g~n~JQ.Lfu_e_ p.g,{p_Qs.~_.QfJJ.~JJ:~JjpJ:LQf J:his. _c.onqa~l.. _AJJJhor~ed
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 Holmes Street South
(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.
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.
INDEMNIFICATION
Both parties to this Agreement recognize each other as a political subdivision of the State of Mirmesota.
Each party mutually agrees to indemnify, defend and hold harmless the other hom any claims, losses,
costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or
Sentence To Service Joint Powers A~eement
City of Shako pee
Page 4 of 4
employees relating to activities conducted by either party under this agreement. Each party's obligation to
indemnify the other under this clause shall be liinited in accordance with the' statUtory tort liability
limitation as set forth in Minnesota Statutes Chapter 466.04 to limit each party's total liability for all claims
arising from a single occurrence, include the other party's claim for indemnification, to the limits
prescribed under 466.04.
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.
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.
CITY OF Shakopee
by:
Date Mayor Date
Attest:
Date
'-' City Administrator Date
~cxY
>\~- . Income Contract No. ,'- Hn-:;1
(Provided by Department of Administration)
'ry~~FnfJ:~ 8T A TE OF MINNESOTA
JUN 2 5 2003 DEPARTM-ENT OF CORRECTIONS
SENTENCING TO SERVICE
(;"rYfT COUNTY INCOME CONTRACT
C,~Ufn SERVICES
This contract is between the State of Milmesota, acting through its commissioner of corrections, Sentencing to
Service Program, 1450 Energy Park Drive, Suite 200, S1. Paul, MN 55108 ("State"), and Scott County, Scott
County Court Services, Government Center JC 148,200 4th Avenue West, Shakopee MN 55379 ("Purchaser").
Recitals
1. Under Minn. Stat. 9241.278 the State is empowered to enter into income contracts.
2. The Purchaser is in need of a Sentencing to Service (STS) program for non-dangerous offenders ordered to
perform community work service.
3. The State represents that it is duly qualified and agrees to provide the services described in this contract.
Contract
1 Term of Contract
1.1 Effective date: July 1,2003, or the date the State obtains all required signatures under Minnesota
Statutes Section 16C.05, subdivision 2, whichever is later.
1.2 Expiration date: June 30, 2005, or until all obligations have been satisfactorily fulfilled,
whichever occurs first.
2 State's Duties
The State will:
2,1 Provide 1.5 crew leaders who will supervise up to 10 offender crewmembers each approximately 40
hours per week, including the hours crew leaders spend for daily preparation and communication.
2.2 Submit reports to Purchaser within sixty (60) days of the end of each quarter, which shall include the
following information:
a. Total number of clients served
b. Total number of clients completing STS obligation
c. Number of clients exiting prematurely
d. Total number of hours worked by STS clients
e. Dollar benefit ofSTS labor at $5.00 per hour and estimated market value of projects completed
f. Description of work completed
2.3 Divide the work of offender crews evenly between State referred projects and purchaser referred
projects, some of which may be performed outside the Purchaser's jurisdiction.
2.4 Train each work crew in safety principles and techniques relevant to the work being done.
2.5 Screen projects to ensure that they meet Sentencing to Service guidelines.
3 Payment
The Purchaser will pay the State for all services performed by the State under this contract as follows:
3.1 It is the Purchaser's responsibility to certify in writing to the appropriate bargaining agent that the work
performed by offenders on purchaser referred projects will not result in the displacement of current
employees or seasonal workers to include reduction in hours, wages, or other employment benefits.
STSINC 0405 1 Scott COWlty
3.2 Obtain all necessary permits or licenses or special authority on purchaser referred projects.
3.3 The total obligation of the Purchaser for all compensation and reimbursements to the State under this
contract is Ninety seven thousand, five hundred and 00/100 dollars, ($97,500.00) as its 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. The Purchaser's share of the crew leader includes time scheduled for training,
vacation, sick leave and holidays based on the terms and condition of the AFSCME bargaining
agreement.
3.4 Terms of payment: Payment shall be made by the Purchaser to the State Twenty four thousand, three
hundred seventy five and 001100 dollars, ($24,375.00) before any work has begun; and Twenty four
thousand, three hundred seventy five and 001100 dollars, ($24,375.00) on December 31,2003 or
January 1,2004; and Twenty four thousand, three hundred seventy five and 00/100 dollars,
($24,375.00) on June 30 or July 1, 2004; and Twenty four thousand, three hundred seventy five and
0011 00 dollars, ($24,375.00) on December 31, 2004 or January 1, 2005. Payment will, be made no later
than the 23m day following the last day of the billing period.
4 Authorized Representatives
The State's Authorized Representative is Mark Siemers, STSIICWC Regional Supervisor, 1450 Energy
Park Drive, Suite 200, St. Paul, MN 55108, (651) 642-0361 or his/her successor.
The Purchaser's Authorized Representative is Therese McCoy, Director (952) 496-8267.
5 Amendments, Waiver, and Contract Complete
5.1 Amendments. Any amendment to this contract must be in writing and will not be effective until it
has been executed and approved by the same parties who executed and approved the original
, contract, or their successors in office.
5.2 Waiver. If the State fails to enforce any provision of this contract, that failure does not waive the
provision or its right to enforce it.
5.3 Contract Complete. This contract contains all negotiations and agreements between the State and
the Purchaser. No other understanding regarding this contract, whether written or oral, may be
used to bind either party.
6 Liability
Each party will be responsible for its own acts and behavior and th.e results thereof.
7 Government Data Practices
The Purchaser must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it
applies to all data provided by the State under this contract. The civil remedies of Minn. Stat. 9 13.08 apply
to the release of the data referred to in this clause by either the Purchaser or the State.
If the Purchaser receives a request to release the data referred to in this Clause, the Purchaser must
immediately notifY the State. The State will give the Purchaser instructions concerning the release of the
data to the requesting party before the data is released.
8 Publicity
Any publicity regarding the subject matter oftrus contract must not be released without prior written
approval from the State's Authorized Representative.
9 ~verning Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-Iaw provisions, governs this contract. Venue for all legal
proceedings out of this contract, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
STSINC 0405 2 Scott County
10 Termination
Either party may terminate this agreement at any time, with or without cause, upon 30 days' written notice
to the other party.
11 Other ProvisioDS
11.1 The State will accept only non-dangerous offenders who are ordered by the court to perform
community services.
11.2 Purchaser is responsible for complying with the ADA, 42 V.S.C. Sec. 12101, and regulations
promulgated pursuant to it. The State is not responsible for issues or challenges rela,ted to
compliance with the ADA beyond its own routine use of facilities, services, or other areas covered
by the ADA.
11.3 The program shall be referred to as the Sentencing to Service Program and/or STS.
11.4 Any disagreement between the Purchaser and the State regarding operations of the program not
addressed in this contract shall be resolved between the authorized representatives of the parties.
STSINC 0405 3 Scott County
1. PURCHASER
The I'UI\;~ certifies that the appropriale pt;rson(s)
have executed the contract on behalf of the Purchaser
lIS required by ap~licable articles. bylaws, resolutions,
or ordinances.
2. STATE AGENCY
With delegated authority
f3y
Title DEPUTY COMMISSIONER
Date 3.
3. Commissioner of AdministratioD
As delegated to Materials Management Division
I By :i~I.:O~ I
' Date By -- ~ro ~. Joyce
4. Attorney General
As 10 form and execution
~ I
~. ,t; _ (j ~ .3
Distributioo
DOC Fin:mcial Servi= Unit - OIieinal (fully executed) contract
Purd1aser
Slate's AUIItoriu<I Repn:sentJtive
BudBl'l Offioer of Alll!lorizeQ ~ve
Dcpartmem of Administraricn - Maleria1s ~ment Divisioo
STSINC 0405 4 Scott County .
SENTENCE TO SERVICE PROJECT SUMMARY
CITY OF SHAKO PEE
January through September 2003
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01/25/03 Clean 8 8,00
02/21/03 Cut and Clear Brush 9 8.00
04/04/03 Demolition 6 8.00
04/05/03 Demolition 9 8.00
04/12/03 Demolition 5 8.00
04/21/03 Demolition 5 8.00
04/22/03 Demolition 4 8.00
04/27/03 Yard Work 2 8.00
05/04/03 Pick-up Trash 6 8.00
05/10/03 Roadside Cleanup 6 8.00
05/13/03 Landscaping/Mowing/Mulching 3 8.00
05/14/03 Sheetrock/Taping 4 8.00
OS/22/03 Recycle Materials 5 8.00
OS/24/03 Landscaping/Mowing/Mulching 4 8.00
OS/28/03 Landscaping/Mowing/Mulching 4 8.00
06/08/03 Pick-up Trash 7 8.00
06/09/03 Graffiti Clean-up 5 8.00
06/11/03 Pick-up Trash 6 8.00
06/12/03 Sheetrocking/Taping 4 8.00
06/13/03 Sheetrocking/Taping 4 8.00
06/18/03 Sheetrocking/Taping 4 8.00
06/19/03 Tree Bagging 6 8.00
06/20/03 Sheetrocking/Taping 6 8.00
06/24/03 Recycle Materials 7 8.00
07/10/03 Painting 8 8.00
07/11/03 Race Setup 6 8.00
07/12/03 Race Setup 4 8.00
07/15/03 Street Sweeping 5 8.00
07/31/03 Cut/Trim Trees 6 4.00
07/31/03 Moving Equipment 5 4.00
09/06/03 Park Maintenance 7 8.00
09/19/03 Street Work 4 8.00
09/20/03 Street Work 5 8.00
09/22/03 Street Work 4 8.00
Total 183 264