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HomeMy WebLinkAbout5.F.12. Joint Powers Agreement-Scott Joint Prosecution Association s: F./'- . CITY OF SHAKOPEE cn~,"~~ . Memorandum .' JJf.'rc1 \1~"~~T :, J.ii <Vi~ '," ;>.~ '~'/l:~ < '". ?~j~y}' gf!1} ."";,,.,,~ .,~; TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Joint Powers Agreement-Scott Joint Prosecution Association DATE: December 11, 2008 Comment: Introduction: The Council is asked to authorize the appropriate City officials to execute an amended Joint Powers Agreement (JP A) for prosecution services with the Scott Joint Prosecution Association (SJP A). Background: The City of Shakopee has been a member of the SJP A since 1997. It joined under a Joint Powers Agreement dated July 8, 1991. There have been subsequent amendments. The current amended agreement that is presented for consideration reflects the merger between the City of Elko and New Market (which officially merged January 1,2007), and also the additional membership of the City of New Prague, which joined the SJPA in 2008. This agreement was approved by the board members of the SJP A at their meeting of December 8, 2008. The respective members are now requesting City Council approvals as a formality. Relationship to Visioning: This supports Goals D (Vibrant, Resilient and Stable). Recommendation: I recommend the appropriate City officials to execute the Amended Joint Powers Agreement for prosecution services. Action Required: If the Council concurs, it should, by motion, authorize the appropriate City officials to execute the Amended Joint Powers Agreement for prosecution services with the Scott Joint Prosecution Association. LMJ1/LluJ.up Mark McNeill City Administrator MM:cn JOINT POWERS AGREEMENT For PROSECUTION SERVICES THIS AGREEMENT, originally entered into the 8th day of July, 1991, and as amended on the 20th day of February, 1996, the 13th day ofJanuary, 1997, and the 8th day of December, 2008, by and between the CITIES OF BELLE PLAINE, ELKO NEW MARKET, JORDAN, NEW PRAGUE, PRIOR LAKE, SA V AGE 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 oftheir prosecutorial powers according to the authority and procedures set forth in Minnesota Statues Section 471.59, the Joint Exercise of Powers Act. NOW, THEREFORE, in consideration ofthe mutual promises and covenants contained herein, the parties agree as follows: 1. Joint Powers Board. A Joint Powers Municipal Prosecution Board ("the BOARD") as hereby created. Members of this BOARD shall be the City Manager! Administrator or Police Chief of the member city. The BOARD may exercise its powers in order to accomplish the purposes of the Agreement consistent with Minnesota Statute Section 471.59 and other applicable laws. Each ofthe CITIES shall appoint one (1) individual to serve on a Joint Powers Board, hereinafter referred to as ''the BOARD". Each member shall serve until replaced by the member's respective City. The number of representative totaling at least four votes shall constitute a quorum for the purposes of conducting BOARD business. The Scott County Attorney shall serve as ex-officio non-voting member of the Board. Joint Powers Agreement for Prosecution Services Page 2 of6 The BOARD shall be the employer ofthe employees providing prosecution and support services under the Agreement and 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 ofthe CITIES. The BOARD shall meet at least quarterly, unless cancelled by the chair. The BOARD shall make recommendations to the CITIES regarding improvement of prosecution, stricter or less-strict plea bargains, job performance of the affected employees, and other matters related to this Agreement. 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 BOARD shall advertise for and hire one or more prosecutors and secretaries or legal assistants who shall be employees of the BOARD. The BOARD shall designate one of the prosecutors as chief prosecutor and administrator over the daily affairs ofthe Association. The number of staff hired and whether they are part or full-time shall depend on the case load to be handled. They shall report to and be supervised by the chief prosecutor/administrator on behalf of the BOARD. 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 decisions relating to BOARD staff shall be made by the BOARD. 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. All BOARD staffbe qualified and licensed to perform such services. None ofthe work or services covered by this Agreement shall be subcontracted without the prior approval of the BOARD, except in an emergency. 3. Bud2et. By August 1 st 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. In the event the objection is not resolved, such City shall have the right to terminate this Agreement upon one hundred twenty (120) days' prior written notice, if such notice is given on or before September 1 st. Joint Powers Agreement for Prosecution Services Page 3 of6 4. Cost Sharin2. Each quarter the BOARD 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 mount. 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 CITIES 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. 5. Costs Limited. The BOARD shall keep track of the calendar calls billable under this Agreement at all times. The BOARD shall notify the CITIES if the BOARD anticipates that the costs may exceed one hundred ten (110%) percent of the budget, the BOARD shall bill the CITIES proportionately, by averaging their percentage established as (y/z) in paragraph 4 above for the previous six (6) months, for cost overruns. Any City unsatisfied with any overruns may elect to terminate this Agreement upon ninety (90) days prior written notice as provided below. 6. Civil Matters. A City may request BOARD legal staff to handle civil legal matters, such as zoning enforcement, personnel issues, liquor licensing questions, ordinance preparation, contract review, etc. 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. 7. Exchan2e of Data. All information, data, and reports as are existing, available and necessary for carrying out prosecution services under this Agreement, including police reports and arrest records, shall be furnished to BOARD staff without charge, and the CITIES shall cooperate in every way possible in carrying out prosecution services. J oint Powers Agreement for Prosecution Services Page 4 of6 8. Confidentiality. Any reports, data, or similar information given to, prepared or assembled by the BOARD or BOARD staff 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 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. 9. 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 below. 10. Termination as to One Party. This Agreement may be terminated by any City 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 parties hereto. This Agreement may be terminated by any City upon one hundred twenty (120) days prior written notice given on or before October 1 st 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 proposed reasons for-termination shall be presented to.the' BOARD. The BOARD shall discuss these reasons and determine whether specific action should be requested to resolve the issue. All records pertaining solely to the terminating City shall be returned to that City. Any terminating city shall also have returned to it, its proportional share of any existing fund balance. Any fund balance maintained prior to the terminating city becoming a member of SJP A shall not be considered for purposed of determining their terminating city's proportional share for refund. II. Termination as to All Parties. 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 City of Savage as custodian of such records. The records may be retained, stored, or disposed of according to state law and the City of Savage'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. Joint Powers Agreement for Prosecution Services Page 5 of6 12. Indemnification. Each City shall indemnify and defend the BOARD and each of the other CITIES which is a party to this Agreement against, and hold each other harmless from, any and all claims, causes of action, administrative orders, costs, expenses, and liabilities of every kind and nature arising out of the BOARD'S hiring, training, supervision, and personnel actions under this Agreement, including attorneys fees and costs incurred by the BOARD or the CITIES in defending claims to establish or enforce such liabilities. Each of the CITIES shall indemnify and defend each other City and the BOARD against, and hold each other City and the BOARD harmless from, any expenses and liabilities of every kind and nature arising out of the indemnifying City's prosecution prior to this Agreement, its actions in entering into this Agreement, including attorneys fees and costs incurred by any of the CITIES or the BOARD in defending claims to establish or enforce such liabilities. 13. Liabilitv. The BOARD shall purchase liability insurance from budgeted funds for each attorney hired under this Agreement. This insurance shall cover professional liability, personal injury liability, and disciplinary proceedings costs. The BOARD may also, at its discretion, purchase general liability and directors' and officers' (errors and omissions) insurance. The participating CITIES agree that liability under this agreement is controlled by Minnesota Statues Section 471.59, subdivision 1 a and that the total liability for participating cities shall not exceed the limits on govemmentalliability for a single use of government as specified in 466.04, subdivision 1. 14. Amendment. This Agreement may be amended only in writing signed by all parties. 15. Notices. All notices required or permitted in this Agreement and required to be in writing may be given by first class mail addressed to any of the CITIES at their respective City Hall. 16. Certification. Each of the CITIES certifies, by signing below, that this Agreement has been approved by that City's governing body. Joint Powers Agreement for Prosecution Services Page 6 of6 IN WITNESS WHEREOF, this amended Agreement has been executed by the parties as of the day and year above written. CITY OF SA V AGE, 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 SHAKO PEE, 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