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HomeMy WebLinkAboutItem 06.nDecember 6, 2010 Proposed Action Staff recommends adoption of the following motion: Move to recommend approval of the 2011 Dakota County Sentence to Service (STS) Program Work Crews. Overview The Cities of Lakeville, Burnsville, Eagan and Apple Valley have utilized Sentence to Service Program Work Crews through Dakota County since 1992. Crews are used for unskilled labor such as light construction, landscaping, debris pick-up, sod installation, rain garden maintenance, etc. The Agreement for 2011 is for a minimum of 42 guaranteed work days with an average crew consisting of five to 10 members plus a crew leader. The cost of the 2011 crews shall not exceed $17,865.12 which is the same contract price as in 2010. Funds for the 2011 STS Crew are budgeted in the 2011 Park Dedication Fund ($15,738.32) and Surface Water Management Fund ($2,126.80). During 2010, the contract crews worked 48 days, averaged 10 crew members per day and logged 2,982 work hours working on a variety of park and City projects. This equates to $5.99 / work hour. Primary Issues to Consider • This program has been beneficial to the City of Lakeville in past years. Supporting Information O Contract between Dakota County and the City of Lakeville for Sentence to Service Program Work Crews. `e J ..1 Hennen ark Maintenance & Operations Mgr Item No. REQUEST APPROVAL OF CONTRACT BETWEEN DAKOTA COUNTY AND THE CITY OF LAKEVILLE FOR SENTENCE TO SERVICE PROGRAM WORK CREWS �mancial Impact: $17,865.12/YR Budgeted: YIN Y Source: Park Ded Fund & Related Documents (CIP, ERP, etc.): Notes: Surface Water Mgmt Fund CONTRACT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF LAKEVILLE FOR SENTENCE TO SERVICE PROGRAM WORK CREWS CONTRACT PERIOD: 1/1/2011 — 1213112011 This Contract is made and entered into between the Dakota County, by and through the Community Corrections Department, hereinafter "County" and the City of Lakeville, 20195 Holyoke Avenue, Lakeville, MN 55044, hereinafter "City" or "Contractor ". WHEREAS, the City desires the services of the Sentence to Service Program work crews; and WHEREAS, the County operates the Sentence to Service Program by providing work crews of non - dangerous criminal offenders plus a supervisor to perform unskilled labor; and WHEREAS, The City will pay Dakota County a total amount of $17,865.12 at a rate of $425.36 per day forty (42) guaranteed work crew days pursuant to the terms of this Contract. Now, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1. GENERAL PROVISIONS. 1.1 Purpose. The purpose of this Contract is to define the rights and obligations of the County and City with respect to Sentence to Service ( "STS ") work crews. 1.2 Cooperation. The County and City shall cooperate and use their reasonable efforts to ensure the most expeditious implementation of the various provisions of this Contract. The parties agree to, in good faith, undertake resolution of any disputes in an equitable and timely manner. City and County liaisons will meet at least twice annually and more frequently if necessary to discuss issues related to the STS program. 1.3 Term. The term of this Contract shall be from 1/1/2011 to and including 1213112011, regardless of the date of signatures hereunder, unless earlier terminated by law or according to the provisions herein. 1.4 Definitions. a) Work Crew. A work crew shall consist of a Crew leader and a crew of five to ten workers. The Crew leader shall oversee and be in charge of the work crew. b) Work Crew Days. An STS work crew day shall consist of seven hours, less a thirty minutes lunch break, between the hours of 8:00 am and 3:00 pm. A work crew may be discharged earlier at the discretion of the City supervisor. 2. CITY'S RIGHTS AND OBLIGATIONS. 2.1 General Description. City shall receive STS work crews for 42 crew days. The specific days to be worked and the work to be performed shall be determined at least thirty days in advance of the work by the City and County. 2.2 Total Cost. The total amount to be paid by the City pursuant to this Contract shall not exceed $17,865.12. The County will invoice the Contractor for actual crew days worked up to 42 days at a cost of $425.36 per day. The City agrees to pay the County $8,932.56 no later than May 15, 2011, and shall pay the remaining $8,932.56 no later than October 1, 2011. 2.3 Work Proiects. The City will provide work projects requiring unskilled labor such as light construction or landscaping, and any specialized equipment needed for the work. Each work project will be reduced to writing and provided to the Crew leader before work commences. A work project will be concluded when a City representative and the Crew leader sign off that work has been satisfactorily completed 2.4 Crew. Workcrew members are not employees of the City or the County as specified in Minn. Stat. § 3.739. City of Lakeville- 12599.doc Page 1 Custom 3. COUNTY'S RIGHTS AND OBLIGATIONS. 3.1 General Description. The County will: • Provide STS work crews for the City pursuant to this Contract. • Designate a person as the County's representative with respect to the City's services to be performed under this Contract. Such person shall have complete authority to transmit instructions, receive information, interpret and define the County's policies and decisions with respect to services covered by this Contract. 3.2 Payment. The County will submit invoices to the City for payment by the City. 3.3 Work Projects. The County, through its Contractor, General Security Services Corporation, shall equip work crews with some hand tools. 3.4 Other Work. The County may, at its discretion, offer the City the opportunity to use more than 42 crew days per year without additional cost to City if additional days are available. 4. LIABLE FOR OWN ACTS. 4.1 Each party to this Agreement shall be liable for the acts of its own officers, employees and agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of another party, its officers, employees and/or agents. It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from a party's acts or omissions. Each Party warrants that it has an insurance or self - insurance program that has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. 4.2 Any and all work crew members engaged in the aforesaid work to be performed by the County shall not be considered employees of City and any and all claims that may or might arise under the Workers' Compensation Act of this state on behalf of the work crew members while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of the work members while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of City but shall be determined as provided in Minn. Stat. § 3.739. The County shall not be responsible under the Workers' Compensation Act for any employees of City. 5. FORCE MAJEURE. Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. 6. TERMINATION. 6.1 Good Cause. If either party fails to fulfill its obligations under this Contract, such failure shall be considered good cause to terminate this Contract on seven days' notice by the other party. 6.2 With or Without Cause. This Contract may be terminated with or without cause, by the County or City upon thirty (30) days written notice. 6.3 Effect of Termination. Termination of this Contract shall not discharge any liability, responsibility or right of any party which arises from the performance of or failure to adequately perform the terms of this Contract prior to the effective date of termination. Nor shall termination discharge any obligation which by its nature would survive after the date of termination. All STS work crews prepaid by the City shall be refunded to the City if the same are not used. City of Lakeville- 12599.doc Page 2 Custom ' 6.4 Termination by County - Lack of Funding. Notwithstanding any provision of this Contract to the contrary, the County may immediately terminate this Contract if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies or other funding source, or if its funding cannot be continued at a level sufficient to allow payment of the amounts due under this Contract. Written Notice of Termination sent by the County to Contractor by facsimile is sufficient notice under the terms of this Contract. The County is not obligated to pay for any services that are provided after written Notice of Termination for lack of funding. The County will not be assessed any penalty or damages if the Contract is terminated due to lack of funding. 7. DAMAGES. Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 8. REPRESENTATIVE. Liaison. To assist the parties in the day -to -day performance of this Contract and to develop service, ensure compliance and provide ongoing consultation, a liaison shall be designated by the City and the County. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. In addition, the City shall inform the County of any changes to City's address, phone number(s), e-mail address(es), and any other contact changes. At the time of execution of this Contract the following persons are the designated liaisons: 9. MODIFICATIONS. City Liaison: Phone Number: 952 - 985 -4601 Phone Number: 651- 438 -8263 Gerald S. Michaud Director of Parks and Recreation City of Lakeville 20195 Holyoke Ave. Lakeville, MN 55044 County Liaison: Angela Domme Community Corrections Supervisor Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, signed by Authorized Representatives of the County and City. 10. COMPLIANCE WITH LAWS /STANDARDS. 10.1 Minnesota Law to Govern. This contract shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota. 10.2 City agrees to abide by all Federal, State or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this contract or other facilities, programs and staff for which Contractor is responsible. 11. SEVERABILITY. 11.1 The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Contract unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either party. City of Lakeville- 12599.doc Page 3 Custom 12. MERGER. 12.1 This Contract is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. IN WITNESS WHEREOF, the parties have executed this Contract on the dates indicated below: Approved by Dakota County Board COUNTY OF DAKOTA Resolution No. Approved as to form: • r ii'�tL f ii 1 +.1 ( /, Assi County Attorney/Date File No t- 4__ rtr City of Lakeville- 12599.doc By Kelly Harder Title Community Services Director Date of Signature CITY OF LAKEVILLE (1 represent and warrant that I am authorized by law to execute this Contract and legally bind the Contractor). By Title Date of Signature (Please print name.) Page 4 Custom