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HomeMy WebLinkAbout[04d] Prosecution Services Council Agenda Item \[04d\] MEETING DATE: December 5, 2016 AGENDA ITEM: Joint Powers Agreement – Requested Action: Authorize the Mayor and Administrator to execute the Joint Power agreement with the City of St. Cloud whereby the St. Cloud City Attorney’s Office will provide prosecution services for the St. Joseph Police Department. SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: The City Council approved utilization of the St. Cloud Attorney’s office for prosecution services since 2010. The fee for services in 2010 was capped at $ 36,000 and in 2015 it was capped at $ 38,000. The rate was not increased for 2016. BACKGROUND INFORMATION: Annually the City Council must designate the prosecuting attorney. The City of St. Cloud has submitted the request to provide services for 2017 at a capped cost of $ 39,900. The new JPA includes an increase of 2.5% for each 2016 and 2017. The Police Chief is happy with the services received and recommends executing the agreement. BUDGET/FISCAL IMPACT: $ 39,900 ATTACHMENTS: Request for Council Action Joint Powers Agreement REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the Joint Powers Agreement between the City of St. Joseph and the City of St. Cloud for prosecution services. This page intentionally left blank JOINT POWERS AGREEMENT FOR LEGAL SERVICES 2017 THIS AGREEMENT, hereinafter referred to as the “Agreement”, is entered into by and between the City of St. Joseph, hereinafter referred to as “St. Joseph”, and the City of St. Cloud, hereinafter referred to as “St. Cloud”, both parties being governmental and political subdivisions of the State of Minnesota. WITNESSETH: WHEREAS, St. Cloud and St. Joseph have had an ongoing agreement under which St. Cloud provided certain legal services to St. Joseph; and WHEREAS, St. Cloud employs full-time attorneys who practice criminal law and are familiar with the crimes which St. Joseph police officers are likely to encounter, and WHEREAS, St. Cloud is willing to assist St. Joseph by providing the criminal law services of the St. Cloud City Attorney’s Office to St. Joseph. NOW, THEREFORE, St. Joseph and St. Cloud, pursuant to the authority contained in Minnesota Statutes, Section 471.59, commonly known as the Joint Powers Act, in order to accomplish the foregoing purposes, agree as follows: 1. ST. CLOUD TO ASSIST The St. Cloud City Attorney’s Office will represent the City of St. Joseph in all criminal prosecutions resulting from St. Joseph’s Police and code enforcement activities. This representation would include any appeals to higher courts resulting from the prosecutions we handle. This representation will also include administrative hearings related to code enforcement, forfeitures or matters traditionally handled by criminal prosecution. 2. ATTORNEYS TO REPRESENT OWN JURISDICTION FIRST It is the express understanding of the parties hereto that the first and foremost priority of the St. Cloud City Attorneys and staff is to provide legal services to St. Cloud. It is therefore expressly understood that the assistance contracted for by this Agreement will be provided only if the St. Cloud City Attorneys and staff can provide such assistance without unduly jeopardizing the protection and needs of St. Cloud. 3. NO LIABILITY FOR FAILING TO ASSIST It is expressly understood that neither St. Cloud nor its City Attorneys shall be in any way liable for any claim based upon a failure for any reason to provide assistance when requested by the St. Joseph. 4. ST. CLOUD EMPLOYEES St. Cloud City Attorneys and staff providing assistance to St. Joseph pursuant to this Agreement will remain employees of St. Cloud and will be paid by St. Cloud, not St. Joseph. 5. PAYMENT TO ST. CLOUD St. Joseph will reimburse St. Cloud for the assistance of the St. Cloud City Attorneys during 2017, a fee of $39,900. Payments will be made quarterly during each year that this Agreement is in effect. Following termination of this Agreement this paragraph will survive and remain fully enforceable until payment is received by St. Cloud. 6. NO LIABILITY TO ASSISTING JURISDICTION FOR DAMAGES It is expressly understood and agreed that St. Joseph will fully indemnify and hold harmless St. Cloud, its officers agents and employees against all claims, losses, damage, liability, suits, judgments, costs and expenses by reason of the action or inaction of St. Cloud employees assigned to assist St. Joseph. This agreement to indemnify and hold harmless does not constitute a waiver by any member of limitations on liability provided by Minnesota Statutes, Chapter 466. 7. DURATION This Agreement will be effective on January 1, 2017. This Agreement will remain in full force and effect until it is terminated in the manner provided herein. This Agreement supersedes and replaces all prior agreements between St. Cloud and St. Joseph relating to the provision of legal services to St. Joseph. 8. TERMINATION Either party upon seven days written notice to the other party may terminate this Agreement. Such notice will be delivered to the City Administrator of the respective party. IN WITNESS WHEREOF, St. Joseph and St. Cloud have, by action of their governing bodies, caused this Agreement to be executed in accordance with the authority of Minnesota Statutes §§ 471.59. Approved by the City Council CITY OF ST. JOSEPH _____________________, 2016 BY ________________________ Its _____________________ Date of Signature ____________ Attest ______________________ Its ____________________ Date of Signature _____________ Approved by the City Council CITY OF ST. CLOUD ______________________, 2016 BY _________________________ Its Mayor Date of Signature ______________ Attest _______________________ Its City Clerk Date of Signature ______________