HomeMy WebLinkAbout[08] Police Chief Reports - Diversion Agreement Council Agenda Item 8
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MEETING DATE: February 1",2016
AGENDA ITEM: St.Joseph Diversion Agreement
SUBMITTED BY: Police Chief
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION: None.
BACKGROUND INFORMATION: The police department has been contacted by the St. Cloud city attorney's office
in regards to diverting some of our lower level alcohol offenses having to do with underage consumption.There
has been a push by the Court to do more diversion in the criminal justice system and this is becoming a mandatory
practice.The diversion is not intended to deal with all alcohol offenses. It is meant to deal with first time alcohol
offenders where underage consumption is the only charge and or a select few second time offenders.The St.
Cloud city attorney's office handles all of the paperwork and tracking of the case until the diversion track has been
followed or the issue has been finalized in court.The St. Cloud city attorney's office is working with St. Cloud State
University on the program and it has been successful.The College of St. Benedict and St.John's University have
been given a presentation on this program and are in agreement with it.This agreement is not a fix all for the
underage consumption issue, but another tool that can be used in enforcement and decrease recidivism.There will
be a cost to the offender to take the diversion track. For each person sent through diversion,the city will receive
$25.00 back from St.Cloud State University for our cost of dealing with the case.
BUDGET/FISCAL IMPACT: None
ATTACHMENTS: Request for Council Action
Joint Powers Agreement
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute Joint Powers Agreement in
regards to alcohol diversion between the City of St.Joseph and St.Cloud State University.
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F.Y. Cost Center Obj. Code Amount Vendor# P.O. #
2016 339552 7010 $5.000 0000201828 147542
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STATE OF MINNESOTA
MINNESOTA STATE COLLEGES AND UNIVERSITIES
St. Cloud State University
JOINT POWERS AGREEMENT
THIS JOINT POWERS AGREEMENT, and amendments and supplements thereto, (hereinafter "contract") is
between the State of Minnesota, acting through its Board of Trustees of the Minnesota State Colleges and
Universities, on behalf of St. Cloud State University (hereinafter "STATE"), which is empowered to enter into joint
powers agreements pursuant to Minnesota Statutes, Chapter 471.59, Subd. 10, and City of St. Joseph, MN, address 25
College Ave N. St. Joseph, MN 56374 (hereinafter "CITY"), which is empowered to enter into joint powers
agreements pursuant to Minnesota Statutes, Chapter 471.59, Subd. 10;
WHEREAS, CITY represents that it is duly qualified and willing to perform the services set forth herein.
NOW, THEREFORE,it is agreed
L A. CITY'S DUTIES. (Attach additional page(s) if necessary which is incorporated by reference and made
a part of this agreement.) The CITY shall:
A. The City of St. Joseph will make all reasonable efforts to divert eligible underage consumption
offenders into the University's IMPACT Diversion alcohol education program. Eligible
consumption offenses are first and second offenses. A third offense is not eligible for this
program. Additionally, an individual only qualifies for the program once. The CITY retains full
discretion and ultimate decision-making authority to determine whether a particular case will be
diverted into the IMPACT program. The CITY will also consult with the STATE from time to
time on whether a particular case is appropriate for diversion.
B. The City of St. Joseph will prepare a long form complaint and summons for every underage
consumption offense for which it has jurisdiction. Underage consumption offenses have been
designated "payable" by the State judiciary. This means that an individual who is issued an
underage consumption citation (regardless of prior offenses) may simply mail in a fine payment
without ever having to appear in court. An offense becomes a mandatory appearance only when
the prosecuting authority prepares a summons and complaint.
C. The City of St. Joseph will provide all "eligible" adult arrest and incident data relating to
underage consumption.
D. Upon successful completion of the IMPACT Diversion alcohol education program and the
payment of the fees, the City of St. Joseph will file a dismissal of the complaint and charges in
district court.
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B. STATE'S DUTIES. (Attach additional page(s) if necessary which is incorporated by reference and made a
part of this agreement.) STATE shall:
A. The University will conduct IMPACT Diversion alcohol education for all individuals diverted
through the program.
B. The University will notify the City of St. Joseph whether each individual diverted into the program
successfully completes the program.
IL COLLECTION AND DISBURSEMENT OF DIVERSION FEES.
A. IMPACT Diversion Fees. The University will collect $230 from each individual participating in the
IMAPCT Diversion program. This fee has been set so as to cover the costs associated with administering and
providing UCHOOSE alcohol education and to cover the costs of administering the diversion program. The
Diversion fee will be disbursed as follows:
1. St. Cloud State University will disburse to the City of St. Joseph $25 per individual that
pays for the IMPACT Diversion alcohol education program. Total amount not to exceed
$5.000.
2. St. Cloud State University will retain the remainder of the fees generated by the
Diversion program.
B. Invoice and disbursement.
1. The University will disburse to the City it's portion of Diversion Fees on or before the last
day of the fiscal year. The City of St. Joseph will provide an invoice form pre-approved
program related expenses prior to June 30. The University will reimburse the City for pre-
approved expenses within 30 days of submission of the invoice in the same manner and in no
greater amount that provided in the current Commissioners' Plan promulgated by the
Commissioner of Employee Relations attached hereto.
III. CONDITIONS OF PAYMENT. All services provided by the CONTRACTOR pursuant to this contract shall be
performed to the satisfaction of the STATE, as determined at the sole discretion of its authorized representative,
and in accord with all applicable federal, state, and local laws, ordinances, rules and regulations. The
CONTRACTOR shall not receive payment for work found by the STATE to be unsatisfactory, or performed in
violation of federal, state or local law, ordinance, rule or regulation.
IV. TERM OF CONTRACT. This contract shall be effective on January 1, 2016, or upon the date that the final
required signature is obtained by the STATE, whichever occurs later, and shall remain in effect until June 30,
2016, or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. This
agreement can be renewed annually upon mutual written agreement. The CITY understands that NO work should
begin under this contract until ALL required signatures have been obtained, and the CITY is notified to begin work by
the STATE'S Authorized Representative.
V. CANCELLATION. This contract may be canceled by the STATE or the CONTRACTOR at any time, with or
without cause, upon thirty (30) days written notice to the other party. In the event of such a cancellation, the
CONTRACTOR shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily
performed.
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VI. STATE'S AUTHORIZED REPRESENTATIVE. The STATE'S Authorized Representative for the purposes of
administration of this contract is Dr. Wanda L Overland—Vice President, Student Life & Development.
VII. The CONTRACTOR'S Authorized Representative for the purposes of administration of this contract is Matthew
Staehling, City Attorney for the City of St. Joseph. The STATE'S Authorized Representative shall have final
authority for acceptance of the CITY'S services and if such services are accepted as satisfactory, shall so certify
on each invoice submitted pursuant to Clause II,paragraph B.
VII. ASSIGNMENT. The CONTRACTOR shall neither assign nor transfer any rights or obligations under this
contract without the prior written consent of the STATE.
VIII. AMENDMENTS. Any amendments to this contract shall be in writing, and shall be executed by the same
parties who executed the original contract, or their successors in office.
IX. LIABILITY. The CONTRACTOR shall indemnify, save, and hold the STATE, its representatives and
employees harmless from any and all claims or causes of action, including all attorney's fees incurred by the
STATE, arising from the performance of this contract by the CONTRACTOR or CONTRACTOR'S agents or
employees. This clause shall not be construed to bar any legal remedies the CONTRACTOR may have for the
STATE'S failure to fulfill its obligations pursuant to this contract.
X. STATE AUDITS. The books, records, documents, and accounting procedures and practices of the
CONTRACTOR relevant to this contract shall be subject to examination by the contracting department and the
Legislative Auditor.
XI. GOVERNMENT DATA PRACTICES ACT. The CONTRACTOR must comply with the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the STATE
in accordance with this contract, and as it applies to all data, created, collected, received, stored, used,
maintained, or disseminated by the CONTRACTOR in accordance with this contract. The civil remedies of
Minnesota Statutes Section 13.08, apply to the release of the data referred to in this Article by either the
CONTRACTOR or the STATE. In the event the CONTRACTOR receives a request to release the data referred
to in this Article, the CONTRACTOR must immediately notify the STATE. The STATE will give the
CONTRACTOR instructions concerning the release of the data to the requesting party before the data is
released. DATA PRACTICES ACT. The CONTRACTOR shall comply with the Minnesota Data Practices Act
as it applies to all data provided by the STATE in accordance with this contract and as it applies to all data
created, gathered, generated or acquired in accordance with this contract.
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XII. OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY RIGHTS.
A. The STATE shall own all rights, title and interest in all of the materials conceived or created by the
CONTRACTOR, or its employees or subcontractors, either individually or jointly with others and which
arise out of the performance of this contract, including any inventions, reports, studies, designs, drawings,
specifications, notes, documents, software and documentation, computer based training modules,
electronically, magnetically or digitally recorded material, and other work in whatever form
("MATERIALS").
B. The CONTRACTOR hereby assigns to the STATE all rights, title and interest to the MATERIALS. The
CONTRACTOR shall, upon request of the STATE, execute all papers and perform all other acts necessary
to assist the STATE to obtain and register copyrights, patents or other forms of protection provided by law
for the MATERIALS. The MATERIALS created under this contract by the CONTRACTOR, its employees
or subcontractors, individually or jointly with others, shall be considered "works made for hire" as defined
by the United States Copyright Act. All of the MATERIALS, whether in paper, electronic, or other form,
shall be remitted to the STATE by the CONTRACTOR, its employees and any subcontractors. The
CONTRACTOR, its employees, and any subcontractors shall not copy, reproduce, allow or cause to have
the MATERIALS copied, reproduced or used for any purpose other than performance of the
CONTRACTOR'S obligations under this contract without the prior written consent of the STATE'S
authorized representative.
The CONTRACTOR represents and warrants that MATERIALS produced or used under this contract do
not and will not infringe upon any intellectual property rights of another, including but not limited to
patents, copyrights, trade secrets, trade names, and service marks and names. The CONTRACTOR will
indemnify and defend the STATE at the CONTRACTOR'S expense from any action or claim brought
against the STATE to the extent that it is based on a claim that all or part of the MATERIALS infringe upon
the intellectual property rights of another. The CONTRACTOR shall be responsible for payment of any and
all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to,
reasonable attorney fees arising out of this contract, amendments and supplements thereto, which are
attributable to such claims or actions.
If such a claim or action arises, or in the CONTRACTOR'S or the STATE'S opinion is likely to arise, the
CONTRACTOR shall at the STATE'S discretion either procure for the STATE the right or license to
continue using the MATERIALS at issue or replace or modify the allegedly infringing MATERIALS. This
remedy shall be in addition to and shall not be exclusive to other remedies provided by law.
XIII. PUBLICITY. Any publicity given to the program, publications, or services provided resulting from this
contract, including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs,
and similar public notices prepared by or for the CONTRACTOR or its employees individually or jointly with
others, or any subcontractors shall identify the STATE as the sponsoring agency and shall not be released prior
to receiving the approval of the STATE'S authorized representative.
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XIV. OTHER PROVISIONS. (Attach additional page(s) as necessary):
None.
IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby.
APPROVED:
1. MINNESOTA STATE COLLEGES AND UNIVERSITIES
[Insert your Institution Name]
By (authorized college/university/office of
the chancellor initiating agreement)
Title
Date
2.VERIFIED AS TO ENCUMBRANCE
By (authorized college/university/office of
the chancellor initiating agreement)
Title
Date
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3. CONTRACTOR(Governmental Entity):
Contractor certifies that the appropriate person(s) have executed the contract on behalf of the contractor
as required by applicable articles,by-laws, resolutions, or ordinances.
By (authorized signature)
Title
Date
By (authorized signature)
Title
Date
4. AS TO FORM AND EXECUTION:
By (authorized college/university/office of
the chancellor initiating agreement)
Title
Date
MnSCU006
Revised 07/07/03
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