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HomeMy WebLinkAbout5.F.7. 2011 Joint Powers Agreement-Sentencing to ServiceTO: FROM: SUBJECT: DATE: CITY OF SHAKOPEE Memorandum Mayor and City Council Mark McNeill, City Administrator 2011 Joint Powers Agreement- Sentencing to Service January 4, 2011 Comment: Introduction: The City Council is asked to approve a Joint Powers Agreement (JPA) with Scott County for a continuation of the Sentencing to Service (STS) program for 2011. Background: STS work crews consist of non - violent offenders who receive time off jail sentences in exchange for doing public work. For many years, the City has used STS crews to do work which otherwise would not be scheduled by regular City forces. The type of work that is typically done includes brush and weed removal, litter pick up, painting, and cleaning. In order to continue using STS services, Scott County has asked that the City Council approve a contract for 2011. Budget Impact: All participating jurisdictions within Scott County share equally in the cost of administrating the program. For 2011 the cost is proposed to be $66647.62, reflecting a 3% increase over the current year. This agreement is the same as last year's, with the noted 3% increase in cost. Recommendation: We recommend approval of the Contract with STS for 2011. Relationship to Visioning: This supports Goal D— Maintain, improve, and create strong partnerships with other public and private sector entities. Action Required: If the Council concurs, it should, by motion, authorize the execution of the Joint Powers Agreement with Scott County for the Sentencing to Service program for the year 2011. lu W k Mark McNeill MM:cn City Administrator JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SCOTT AND CITY OF SHAKOPEE IN THE COUNTY OF SCOTT FOR PARTICIPATION IN THE SENTENCING TO SERVICE PROGRAM THIS AGREEMENT, by and between the County of Scott, Minnesota, hereinafter referred to as "County," and the City of Shakopee in the County of Scott hereinafter referred to as "City," RECITALS 1. Minn. Stat. Sec. 609.135, subdivision 1, provides that a court may order 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. 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 County necessary to the exercise of its corporate powers. 4. County and City have authority pursuant to Minn. Stat. Sec. 471.59 to jointly or cooperatively exercise any power common to the contracting parties or any similar powers. JOINT POWERS 5. County and City have determined that it is in the public interest to establish joint community service projects utilizing "Sentencing to Service" personnel. 6. County and City have agreed that 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, County and City hereby agree as follows: A. County and City agree to jointly and collectively establish community service projects utilizing "Sentencing to Service" personnel for the collective benefit of County, City, and their citizens. B. County shall pay directly to the Minnesota Department of Corrections, County and City's share of the costs of a crew leader and placing the crews into service on the STS program. City agrees to pay to County directly its share of the program costs as outlined in Paragraph B, "Terms of Payment ", herein. County and City hereby agree that the sole purpose of this agreement is to facilitate the receipt by City of qualified conservation and beautification projects by "Sentencing to Service" personnel for County and City and to facilitate the reimbursement to County of monies for services provided on behalf of the individual city participants. It is contemplated that no property, whether personal or real, will be acquired as a result of this Joint Powers Agreement. County hereby assumes the various financial accounting, work participation, and other contract administration responsibilities. This agreement is not intended to provide to any of the various members of the agreement any authority or responsibility. Sentence To Service Joint Powers Agreement City of Shakopee Page 2 of 6 SCOPE OF SERVICES A. County shall forward progress reports to City bi- yearly to include: (1) Date of service (2) Location and type of service performed (3) Size of crew performing project (4) Total number of hours worked by STS clients B. The crew leader shall base the work crews in Scott County. In an agreement with the State, County shall agree that work of the crews under that agreement shall be divided as follows: 1/4 State referred projects and 3/4 County and its local municipalities (Cities) referred projects. All projects under the County and Cities 3/4 shall be performed within Scott County. C. City shall receive at least twenty (20) crew days during the terms of this Agreement for service on projects referred by City. The dates of the crew shall be determined jointly between County and City. A minimum of 6 hours on site by crew shall be considered a work crew day. A half day of work crew service shall be considered 3 hours on site by crew. D. A work crew shall be defined as a minimum of 4 persons present to perform agreed upon duties. E. The crew leader shall train each work crew in safety principles and techniques relevant to the work being done. F. Proposed work projects will be submitted by County, City, and State (DNR or DOC) to the crew leader in advance whenever possible. The DOC is responsible for screening projects to determine which projects meet STS guidelines. Crew leader is responsible to coordinate work project schedule and notify County and City if work project is accepted and when it is scheduled to be performed. G. 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. H. It is the City's responsibility to obtain any necessary work permits or permissions for work performed by offenders on City referred projects. Such documentation must be provided to the STS Crew Leader in advance of any work being preformed. TERMS OF PAYMENT A. 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 County, an amount not to exceed Six Thousand Six Hundred Forty Seven and 00/100 dollars ($6,647.62). The actual amount due will be determined by the number of cities participating and will be payable to County on or before December 31, 2011. EFFECTIVE DATE OF CONTRACT This contract shall be effective January 1, 2011. Sentence To Service Joint Powers Agreement City of Shakopee Page 3 of 6 TERM OF CONTRACT This contract shall remain in effect until December 31, 2011, or until all obligations set forth in this agreement have been satisfactorily fulfilled, whichever occurs earlier. AUTHORIZED AGENTS The parties shall appoint authorized agents for the purpose of administration of this contract. Authorized agents are as follows: NOTICES Al Godfrey Scott County Court Services 200 4th Avenue West, JC148 Shakopee MN 55379 -1382 (952) 496 -8260 TERMINATION Mark McNeill City Administrator Shakopee City Hall 129 South Holmes Street Shakopee MN 55379 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. 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, County will acquire it and any surplus funds will be divided amongst the participating cities in proportion to their contribution under "Terms of Payment." CHANGES The parties agree that no change or modification to this contract, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this contract. The execution of the change shall be authorized and signed in the same manner as for this contract. Sentence To Service Joint Powers Agreement City of Shakopee Page 4 of 6 SEVERABILITY In the event any provision of this contract shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non - enforceability would cause the contract to fail its purpose. One or more waivers by either party of any provision, term, condition, or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. INDEMNIFICATION County shall save and protect, hold harmless, indemnify, and defend 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 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 (2007), the books, records, documents, and accounting procedures and practices of City relative to this agreement shall be subject to examination by the County and the State Auditor. Complete and accurate records of the work performed pursuant to this agreement shall be kept by City 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 City in writing that the records need no longer be kept. DATA PRACTICES City, its agents, employees and any subcontractors of City 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 City agrees to indemnify and hold County, its officers, department heads and employees harmless from any claims resulting from the City's unlawful disclosure, non - disclosure, or use of data protected under state and federal laws. TORT LIABILITY OF POLITICAL SUBDIVISIONS Tort claims or demands against County or City shall be governed by Minn. Stat. Sec. 466.01 et seq. Sentence To Service Joint Powers Agreement City of Shakopee Page 5 of 6 ENTIRE AGREEMENT It is understood and agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between County and City relating to the subject matter hereof. Sentence To Service Joint Powers Agreement City of Shakopee Page 6 of 6 IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. SCOTT COUNTY CITY OF SHAKOPEE by: by: Gary Shelton, County Administrator Mayor Date: Date: Attest: Date: City Administrator Date: