4.10 SR 12-05-2022Request for Action
To
Item Number
Mayor and Ci T Council
4.10
Agenda Section
Meeting Date
Prepared by
Consent
December 5, 2022
Ron Nierenhausen, Chief of Police
Item Description
Reviewed by
Joint Powers Agreement Extending
Cal Portner, City Administrator
Reviewed by
Prosecutorial Authority
Action Requested
Approve, by motion, the extension of the Joint Powers Agreement Establishing the Prosecutorial Authority of the
Elk River City Attorney's Office to December 31, 2026.
Background/Discussion
The current joint powers agreement is expiring on December 31, 2022, and an addendum to the contract extending
it's end date to December 31, 2026, needs to be signed.
Financial Impact
N/A
Attachments
■ Agreement
■ Addendum to the Agreement
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires pi ospei ly.
M
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Updated.• August 2020
KATHLEEN A. HEANEY
SHERBURNE COUNTY ATTORNEY
13880 Business Center Drive NW, Suite 100
Elk River, MN 55330-4668
attorney@co.sherburne.mn.us
(763)765-4725
January 15, 2019
City of Elk River
Attn: Katie Porath, Records Specialist
13065 Orono Parkway
Elk River, MN 55330
RE: Joint Powers Agreement Establishing the Prosecutorial Authority of The Elk River
City Attorney's Office
Dear Ms. Porath:
Enclosed please find a fully executed copy of the Joint Powers Agreement for your
records.
Cordially,
Kathleen A. Heaney
Sherburne County Attorney
:IG\:R' ifll
Enclosure
c: Jenny Norton, Sherburne County Administration
JOINT POWERS AGREEMENT
ESTABLISHING THE PROSECUTORIAL AUTHORITY OF THE
ELK RIVER CITY ATTORNEY'S OFFICE
THIS AGREEMENT, entered into by and between Sherburne County, hereinafter
"County" and the City of Elk River, hereinafter "City", both parties being governmental
and political subdivisions of the State of Minnesota.
WHEREAS, the parties to this Agreement are responsible for the enforcement of state
law in their respective jurisdictions; and
WHEREAS, the parties desire to define which violations of state law will be prosecuted
by the City Attorney's Office; and
WHEREAS, the purpose of this Joint (Powers Agreement is to establish the
prosecutorial authority of each party for violations of state and local law occurring within
the limits of City;
NOW, THEREFORE, County and City, pursuant to the authority contained in Minn. Stat.
§471.59, commonly known as the Joint Powers Act, in order to accomplish the
foregoing purposes, agree as follows:
1. Prosecutorial Authority of City and County Attorney
The City Attorney's Office will prosecute violations of state law that are petty
misdemeanors, misdemeanors, or gross misdemeanors, except as provided in Minn.
Stat. §388.051, subd. 2(c) and (d) that are alleged to have occurred in the City of Elk
River with one exception:
The Sherburne County Attorney's Office shall be fully responsible for the
prosecution of all offenses by inmates occurring within the Sherburne County
Sheriff's Jail Facility.
The City Attorney's Office will prosecute all violations of City Ordinances/Codes.
2. Term of Agreement
The term of this Agreement shall be from January 1, 2019 to December 31,
2022, regardless of the date of signatures hereunder, unless earlier terminated by law
or according to the provisions herein.
3. Termination of Agreement
A) This Agreement may be terminated with or without cause by either party upon
180 days written notice to the other party.
B) Notice of termination shall be made by certified mail or personal delivery. Notice
is deemed effective upon delivery to the party's Authorized Representative. County's
Authorized Representative and address is Sherburne County Attorney, Sherburne
County Government Center, 13880 Business Center Drive, Elk River, Minnesota 55330.
City's Authorized Representative is City Administrator, Elk River City Hall, 13065 Orono
Parkway, Elk River, Minnesota 55330.
C) Termination of this Agreement shall not discharge any liability, responsibility or
right or any party which arises from the performance of or failure to adequately perform
the terms of this Agreement prior to the effective date of termination. Nor shall
termination discharge any obligation which by its nature would survive after the date of
termination.
4. Indemnification
A) Each party shall be liable for its own acts to the extent provided by law and
hereby agrees to indemnify, hold harmless and defend the other, its commissioners,
officials, officers, employees and volunteers against any and all liability, loss, costs,
damages, expenses, claims or actions, including attorney's fees which the other, its
commissioners, officials, officers, employees and volunteers may hereafter sustain,
incur or be required to pay, arising out of or by reason of any act or omission of the
party, its agents, servants or employees, in the execution, performance or failure to
adequately perform it s obligations pursuant to this Agreement.
B) Liability of County and City shall be governed by the provisions of Minnesota
Statutes, Chapter 466 and other applicable laws.
5. Modification
Any alteration, variation, modification or waiver of the provisions of this Agreement shall
be valid only after it has been reduced to writing and duly signed and approved by each
party.
2
6. Severability
The provisions of this Agreement shall be deemed severable. If any part of this
agreement is rendered void, invalid or unenforceable, such rendering shall not affect the
validity and enforceability of the remainder of this Agreement unless the part or parts
which are void, invalid or otherwise unenforceable shall substantially impair the value of
the entire Agreement with respect to either party.
7. Compliance with Laws
A) In the event that there is a revision of Federal, State or local statute, rules or
other law, which might make services provided under the terms of this Agreement or
any portion thereof unlawful, all parties will review the Agreement and renegotiate those
terms necessary to bring the Agreement into compliance with the new law. Refusal to
renegotiate within seven (7) days of a request, so as to bring this Agreement into
compliance with the new law immediately shall be cause for termination of this
Agreement as of the date when the Agreement is out of compliance.
B) This agreement shall be governed by and construed in accordance with the
substantive and procedural laws of the State of Minnesota. All proceedings related to
this Agreement shall be venued in the County of Sherburne, State of Minnesota.
8. Data Practices
City and County agree to abide by the provisions of the Minnesota Government data
Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and
federal laws, rules, regulations and orders relating to data privacy or confidentiality, and
as any of the same may be amended. Each party agrees to defend, indemnify and hold
harmless the other, its commissioners, officials, officers, agents, employees and
volunteers for any claims resulting from their respective unlawful disclosure and/or use
of such protected data. The terms of this paragraph shall survive the cancellation or
termination of this Agreement.
9. Approval of Joint Powers Agreement
This amended agreement must be approved by the Sherburne County Board of
Commissioners, the County Attorney, and the Elk River City Council. Upon approval
by the County, the County Attorney, and the City, this Agreement shall be deemed to
have repealed the prior joint powers agreement and this agreement shall be effective
immediately upon repeal of the prior agreement.
3
IN WITNESS WHEREOF, this Joint Powers Agreement having been duly approved by
the County Board, the County Attorney, and the City Council and has been signed by
the respective offices of said County, County Attorney and City.
Date: ! /i 4 /t `I
Date: io ?s►�c��r.4, Zv�9
Date:
Date:
COUNTY OF SHERBURNE
Chair an — County Board
County Attorney
CITY OF ELK RIVER
City Clerk
0
Addendum to the Joint Powers Agreement Establishing Prosecutorial Authority
with the Elk River City Prosecutor's Office
Whereas, the County of Sherburne, by and through its County Attorney and the City of
Elk River, by and through its City Prosecutor, Scott Baumgartner, had entered into a Joint
Powers Agreement to define the respective roles in prosecution for their offices;
Whereas, the strong working relationship between the two offices has benefitted the
citizens of Elk River and Sherburne County by eliminating any overlaps of work and authority.
Now Therefore, the County of Sherburne and the City of Elk River hereby agree as
follows:
That the terms and conditions of the Joint Powers Agreement Establishing Prosecutorial
Authority with the Elk River City Prosecutor's Office, which is set to expire on December 31,
2022, shall be extended to December 31, 2026.
That all other terms and conditions of the Agreement shall remain the same.
This Addendum was approved by the County of Sherburne by its Board on the date of
, 2022.
Dated:
Chair
This Addendum was approved by the City of Elk River by its Council on the date of
, 2022.
Dated:
Mayor
The foregoing is agreed to by the Sherburne County Attorney:
Dated:
Kathleen A. Heaney
Sherburne County Attorney