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Home My WebLink About5.F.4. Joint Powers Agreement/Sentencing to Service Program 5. F.L/. CITY OF SHAKO PEE Memorandum IF;~, m I' ~ p~...,. Lu ~~J J tf'j ~ TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Joint Powers Agreement/Sentencing to Service Program DATE: March 3, 2009 Comment: Introduction: The City Council is asked to approve a Joint Powers Agreement (JP A) for the Sentencing to Service Program. This is for the period oftime from July 1, 2007, through December 31,2008. Background: For many years, the City of Shako pee has participated in the Sentencing to Service (STS) program, in cooperation with the State of Minnesota and Scott County. In this program, non-violent offenders have an opportunity to reduce incarceration time by working on public service-type projects under the direct supervision of a State employee. These are for work activities that do not impact City workers in the normal course of their jobs. Typical activities performed by STS crews include the clearing of brush, litter pick up, painting, and the like. A report showing recent work performed in Shakopee is attached. Recently, Scott County Community Corrections contacted the cities in Scott County indicating that the JPA for STS had expired June 30th, 2007, and through an oversight, had not been renewed. In addition, billing for each city's share of the State employees doing supervision of the crews had also not taken place since then. In order to rectify the problem, Scott County Community Corrections is proposing to bill participants for only the twelve months of2008 (the County will absorb the costs ofthe last six months of 2007). In addition, Scott County is asking each city to approve an "after the fact" JP A for that eighteen months for which the services have already been provided. The eighteen month term ofthis JPA is to get the STS program (which is on the State's Fiscal Year beginning July 1) to correspond with Scott County and the City's calendar Fiscal Year budget. It is anticipated that future JP A will be for calendar year schedules. A new JP A for 2009 will be provided in the near future. Budget Impact: Scott County Community Corrections has billed the City for $6266 as its share of its 2008 program. As the City was not billed in 2008, the budgeted money for FY 2008 was not expended. $7200 is budgeted in 2009 for STS participation, and so could be spent to pay this bill. If the City chooses to participate in future STS activities, the source of funding for 2009 will need to be determined. It appears that through a budget amendment, money could be available STS for this year, as another "dues" type of billing for City participation has come in less than expected for 2009. Through this agreement, the City is not being billed for the six month period from Julyl- December 31, 2007. Recommendation: I recommend that the 2008 bill for STS be approved, and that the City approve the "retroactive" JP A for the period of July 1, 2007 through December 31, 2008. Relationship to Visioning: This supports Goal D, "Vibrant, Resilient and Stable". Action Required: The Council concurs, it should, by motion, authorize payment ofthe $6266 for 2008, and further authorize the appropriate City officials to execute the Joint Powers Agreement between the County of Scott and the City of Shakopee for participation in the Sentencing to Service Program. weLl \~1lUU Mark McNeill City Administrator Sentence to Service Program Sentence to Service (STS) is a community based program that allows an offender to repay the community in the form of work. Scott County currently contracts with the State of Minnesota Department of Corrections to run the Sentence to Service (STS) work crews. State provided crew leaders coordinate the work sites and supervise the work and crews during the program. There are currently two crew leaders who coordinate work for the Scott County crews which include both juvenile and adult offenders. Offenders are referred to the program either through probation as a result of a Court order to complete STS days or by jail staff after meeting eligibility criteria to earn days off their jail sentence by completing STS. Potential STS projects for state, local and non-profit agencies include: park and trail maintenance, splitting and bundling wood, resetting pavers, move dirt/gravel, lay sod, site cleanup, painting, highway litter pick-up, labor for school district projects, snow removal, construction projects, landscaping and yard maintenance and natural disaster response and cleanup. The works site provides all of the building or landscape supplies. 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J:> ~ N N W N VI VI N 00 ~ U) .I::> IX) 0 N ~ (J) (J) 0 00 00 (J) 00 0 OJ OJ OJ 0 OJ OJ OJ OJ s: n n n s: n n n n 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. See, 609.135, subdivision 1, 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 for 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 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. See. 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 "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 the Joint Powers Agreement between the Department of Corrections and Scott County effective July 1, 2007, 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 agre"'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. Ser,tence To Service Joint Powers Agreement City of Shako pee Page 2 of 6 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 employmentbenefits. TERMS OF PAYMENT A. Scott County agrees to pay to DOC an amount not to exceed One Hundred Forty Three Thousand Two Hundred Twenty Five and 00/100 dollars ($143,225.00) on or before December 31, 2008, 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 individually pay to the County, an amount not to exceed Six Thousand Two Hundred Sixty Six and 00/100 dollars ($6,266.00). The amount will be determined by the number of cities participating and will be payable on or before December 31, 2008. EFFECTIVE DATE OF CONTRACT This contract shall be effective July 1, 2007. TERM OF CONTRACT This contract shall remain in effect until December 31, 2008, or until all obligations set forth in this agreement have been satisfactorily fulfilled, whichever occurs earlier. Ser.tence To Service Joint Powers Agreement City of Shako pee Page 3 of 6 AUTHORIZED AGENTS The parties shall appoint authorized agents for the purpose of administration of this contract. Authorized agents are as follows: Al Godfrey Scott County Court Services 200 4th Avenue West, JC148 Shakopee MN 55379-1382 (952) 496-8260 Mark McNeill City Administrator Shakopee City Hall 129 South Holmes Street 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 Shako pee Page 4 of 6 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 25, 2005, and by the Department of Corrections on June 21, 2005. 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 Shako pee Page 5 of 6 TORT LIABILITY OF POLITICAL SUBDIVISIONS Tort claims or demands against the County or the City shall be governed by Minn. Stat. See. 466.01 et seq. 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, :OT~ G elt Date: (-.1- /0-- 09 CITY OF Shakopee by: Mayor Date: /-', / ' 1- / ' A 1//1' / ,;J////<,) " ttest: "---->fro-:/' jA ,,-.J;-~l-tCL/i-{'i-/- City Administrator Date: ,-9- / / ,l- / () "j ! { Date: Income Contract No ,"3:-- d~ ~ (Provided by Department of Administration) STATE OF MINNESOTA INCOME CONTRACT This contract is between the State of Minnesota, acting through its commissioner of corrections, Sentencing to Service Program, 1450 Energy Park Drive, Suite 200, St. Paul, MN 55108 ("State") and Scott County, 200 4th Avenue West, , Shakopee, MN 55379, ("Purchaser"), Recitals 1. Under Minn, Stat. S 241,278 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, 2007, 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, 2009, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 2 State's Duties The State will: 2.1 Provide Two (2) crew leader(s) who will supervise up to 10 offenders 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 offenders served b, Total number of offenders completing STS obligation c, Number of offenders exiting prematurely d. Total number of hours worked by STS offenders e, Dollar benefit of STS labor at $6,00 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 outsilie 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 STS guidelines, 3 Purchaser's Duties 3,1 It is the Purchaser's responsibility to certify in writing to the appropriate bargaining agent that the work performed by offenders will not result in the displacement of current employees or seasonal workers to include reduction in hours, wages, or other employment benefits. 3.2 Obtain all necessary permits or licenses or special authority for all projects. Revised 8/06 STS Ie 0809 4 Payment The Purchaser will pay the State for all services performed by the State under this contract as follows: 4,1 The total obligation of the Purchaser for all compensation and reimbursements to the State under this contract is not to exceed One Hundred Forty Tlrree Thousand Two Hundred Twenty Five and 001100 dollars ($143,225.00) 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. 4,2 Terms of payment: Payment shall be made by the Purchaser to the State Thirty Five Thousand Eight Hundred Six and 00/1 00 dollars, ($35,806,00) before any work has begun (July 1, 2007); and Thirty Five Thousand Eight Hundred Six and 001100 dollars, ($35,806,00) on December 31, 2007; and Thirty Five Thousand Eight Hundred Six and 00/100 dollars, ($35,806,00) on June 30,2008; and Thirty Five Thousand Eight Hundred Six and 00/100 dollars, ($35,806,00) on December 31, 2008, Payment will be made no later than the 23rd day following the last day of the billing period, The total obligation of the Purchaser for all compensation and reimbursements to the State under this contract is not to exceed $143,225,00. 5 Authorized Representatives The State's Authorized Representative is Dan Traun, STS Administrator, 1450 Energy Park Drive, Suite ZOO, St. Paul, MN 55108, (651) 361-7120, dan.traun@state,IIU1.us, or hislher successor. The Purchaser's Authorized Representative is Ms, ThereseMcCoy, Court Services Director, Scott County, 200 4th Avenue West, , Shakopee, MN 55379, (952) 496-8267, or hislher successor. 6 Amendments, Waiver, and Contract Complete 6,1 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, 6,2 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. 6,3 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, 7 Liability Each party will be responsible for its own acts and behavior and the results thereof 8 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. S 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. 9 Publicity Any publicity regarding the subject matter of this contract must not be released without prior written approval from the State's Authorized Representative. Revised 8/06 STS Ie 0809 10 Audit Under Minn. Stat. ~ l6C,05, subd. 5, the Purchaser's books, records, documents, and accounting procedures and practices relevant to this contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a total of six years, 11 Governing 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, 12 Termination Either party may terminate this agreement at any time, with or without cause, upon 30 days' written notice to the other party, Revised 8/06 STS Ie 0809 1. PURCHASER The Purchaser certifies that the appropriate person(s) have executed the contract on behal f of the Purchaser as required by applicable articles. bylaws, resoiutions. or ordinances. By :=\ . ^ 'V,"------, l./\... Ms. Therese McCoy Court Services Director Date '" C' 2. STATE AGENCY With delegated authority By Title Date ~/L/- ~ 7 3. Commissioner of Administration As delegated to Materials Management Division By Original signed by Date JUN 2 0 2007 Sandra S. Lueth T-d~4 Distribution: DOC Financial Services Unit - Original (fully exeCllted) contract Purchaser - Ms. Therese McCoy, Court Services Director State's Authorized Representative Budget Officer of Authorized Representalive Department of Administration - Materials Management Division Revised 8/06 STS Ie 0809