06-1021co�n��� F��e # 6- iaa i
Green Sheet # 3033609
Presented By:
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
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Referred To: Committee:Date:
1 RESOLVED, that the City of Saint Paul, acting through its Saint Paul Police Department, is authorized
2 to enter into the attached Joint Powers Agreement, which includes an indemnification clause, with the
3 State of Minnesota, acring through its Second Judicial District Court Administrator, for the collection
4 of the snow emergency parking violafion citarion fine. A copy of said agreement is to be kept on 61e and
5 on record in the Office of Financial Services.
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Requested by Department
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by City
Adopted by Council: Date: /��/j,(�%ad��
Adoption Certified by
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Date: ��
By:
Secretary:
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Approve�ay r for ubmiss'on to Council:
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By:
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! MustBeonCouncilAgen�
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Doc. Type: RESOLUTION
! E-0ocument Required: Y
' Document Contact: Cdr Ken Reed
Contact Phone:
;��"�� � Green Sheet NO: 3033609
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Action Requested:
Signatures on the attached council resolution authorizing the City of Saint Paal, acting through its Police Departrnent, to enter into the
attached Joint Powers Agreement with the State of Minnesota, acting tluoagh its Scond Judicial Dishict Court Administrator.
rcecommenaations: Appro�e (a) or tce�ect (K):
Planning Commission
CIB Committee
Cidl Service Commission
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rersonai semce convacts must Answerme raiowmg csuesnons:
7. Has this personlSrtn e�er worked under a coniract for this department?
Yes No
2. Has this person/firm eeer been a city employee?
Yes No
3. Does this personlfirtn possess a skill not norrnalty possessed by any
current city employee?
Yes No
Explain ail yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The City of Saint Police Impound Lot will colleet all fees/fines assoeiated wi[h the towing of a vehiele d¢r,ing'a Snow Emergene"y. This
will benefit the vehicle owner with a"one stop" to pay all feesJfines, the City of Saint Paul will benefit with increase tevenue foi
collecting the fees/fine and the State of Minnesota will benefit with shorter lines at the Traffic �'and Vehicle Bureau (TVB) along with
inereasing the amount of collections associated with the snow emergency.
AdvantapesifApproved: '
Both the Police Impount Lot and TVB will� inerease revenue, while providin$ a better wstomer-service experience for vehicle owuers
whose va6icle was towed during a snow emeigency.
Disadvantaqes If Approved:
None.
Disadvanta9es IF Not Approved:
Los[ opportuniTy to offer a better customer-service experience in a difficult [ime.
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Total Amount of
Transadion:
Fundinp Source:
Financial Information:
(Explain)
Activitv Number:
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October 13, 2006 12:40 PM
CosURevenue Budgeted:
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STATE OF MINNESOTA
JOINT POWERS AGREEMENT
This A�eement is between the State of Minnesota, acting through its Second Judicial District
Court Administratar ("State") and the City of Saint Paul, acting through its St. Paul Police
Department (" SPPD").
Recitals
Under Minn. Stat. §471.59, subd. 10, the State and the SPPD are empowered to enter into joint
power agreements. Currently, a vehicle owner who had a vehicle towed to the SPPD impound
lot for a violation of a City of St. Paul declazed snow emergency, would have to recover their
vehicle at the SPPD impound lot by paying towing and administrative fees and also go to the
Ramsey County Court House Traffic Violation Bureau ("TVB"} or other court designated
location to pay for the snow emergency parking violation citation fine. Therefore, it would be
beneficial for both the State and the SPPD to have owners pay their towed vehicle fees and snow
emergency parking violations citations fines ("SEF") in one place, at the SPPD impound lot.
Agreement
Term of Agreement.
11 Effective Date: the date all required signatures for the Agreement are obtained.
1.2 Expiration Date: December 30, 2007.
2. Agreement Between the Parties.
2.1 One Year Trial Period. Parties agree that this Agreement is to provide only a trial
period of processing SEFs at the SPPD impound lot by SPPD staff.
2.2 SPPD Software Programming Changes. State will/has pay SPPD to make software
programming changes to enable the production of receipts and financial reports on the
processing of the payment of SEFs at the SPPD impound lot by SPPD staff and for
information signs at the impound lot. The State will make this payment to SPPD before
SPPD undertakes to offer the option described under this Agreement. The payment to
cover these costs is a non-refundable payxnent to enable the one year trail period of the
agreed upon process in this Agreement.
2.3 Option Offered to Vehicle Owner to Pay at Impound Lot. When a vehicle is towed
into the SPPD impound lot with a snow emergency parking violation citation, the vehicle
owner will be given the oprion, by the SPPD impound lot staff, to pay the citation fine
along with the towing and adminish fees charged to the vehicle owner, at the
impound lot office.
2.4 Option to Collect Citation Fine. If vehicle owner wants to take option to pay at
impound lot, the impound lot clerk will process the payment on citation and give vehicle
owner a TVB receipt that reflects that payxnent of the citation was made at the Impound
Lot.
2.5 Option Declined. If vehicle owner declines option, vehicle owner has to go to TVB to
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pay the SEF.
2.6 Intake Steps for Processing Option to Pay at the Impound Lot. Attached as Exhibit
A are the Intake Steps for Snow Emergencv Includin� New TVB Pavments, which list the
steps SPPD impound lot staff will follow to process the SEFs for owners who accept the
option to pay at the impound lot.
2.7 Deposit and Financial agreement with respect to SEFs
The money collected for citation fines will be deposited by the SPPD to the City of St
Paul. The SPPD Impound Lot will provide a detailed list of all citation money collected,
copies of which will be distributed to the City of St Paul and the 2" Judicial District. This
detailed list will be used by SPPD to reconcile the money deposited with the City of St
Paul. The 2" Judicial Dish will use this report to reconcile the citations and receipts
received. The 2 7udicial District will offset against the City of St PauP s monthly Court
Revenue Distribution Report of Revenue due to the City of St. Paul the SEF revenue
collected and retained by the City of St Paul for the month.
Any retumed payments (NSF's, Stop Payments...) will be handled by the SPPD Impound
Lot; a report will be distributed to the City of St Paul and the 2" Judicial District.
The 2" Judicial District will reconcile the citations and receipts received from the SPPD
with the Vibes suminary report.
2.8 Issues that Arise. Any issues that arise related to processing of the payments under
this Agreement must be mutually resolved by both Parties. If issues are not resolved to
the satisfaction of both Parties, either Party may terminate the Agreement with 30 written
notice to the other Party, a termination available under Section 10 of the Agreement.
3. Consideration and Payment.
3.1 Consideration. The following are potential benefits as consideration for this
Agreement:
(1) TVB likely benefits by reducing the lines at TVB, saving time, and making for a
better customer experience.
(2) TVB likely benefits by cutting down on appeals,
(3) TVB likely benefits by reducing hearing officer time involved with snow
emergency cases, and reducing the number of citations that go to warrant.
(4) TVB likely benefits by increasing the amount of collections which then benefits
St. Paul as the portion that St. Paul receives from the collections will also
increase.
(5) St. Paul also benefits because the portion of collecrions that St. Paul receives wili
accrue to St. Paul faster.
(6) St. Paul likely benefits because of the positive customer service impact afforded
by making the inconvenience of a customer having their car towed during a snow
emergency less inconvenient by azranging a"one-stop shopping" scenario rather
than the customer having to go to two different locations and make two different
payments just to recover from having their car tagged and towed.
(7) St. Paul likely benefits by reducing the amount of time properiy clerks have to
spend dealing with disgruntled customers, explaining why they have to go two
places to make their payments - time better spent on the efficient processing and
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release of impounded cars for each customer.
(8) St. Paul likely benefits by reducing the number of customer complaints handled
by the Impound Lot, the Mayor's Office, and Risk Management.
(9) The morale of St. Paul unpound lot employees will likely be better as it now
affords them an oprion to offer when people are angry about their car being towed
which is asi effective customer-service technique.
(10) Citizens of St. Paul will likely benefit because it will save them time in the
aftermath of a snow emergency, reducing the inconvenience, and affording them a
better customer-service experience in a difficult situation.
3.2 Compensation. The State will pay SPPD the costs of sofiwaze program changes and
impound lot signs as described in Secrion 2.2 of this Agreement. This payment must be
made before SPPD will offer the payment option described in this Agreement. The
payment is non-refundable.
4. Authorized Representatives.
The State's Authorized Representative is Susan Bownes, Manager - Traffic Violations
Bureau, Ramsey District Court, 15 West Kellogg Blvd - Room 130, St. Paul, MN 55102
or his/her successor.
The SPPD's Authorized Representative is Commander Kenneth Reed, Administrator of
the SPPD Impound Lot, Saint Paul Police Department, 367 Grove Street, St. Paul, MN
55101 or his successor.
5. Assignment, Amendments, Waiver, and Contract Complete.
5.1 Assignment. The SPPD may neither assign nor transfer any rights or obligations
under this Agreement without the prior consent of the State and a fully executed
Assignment Agreement, executed and approved by the same parties who executed and
approved this Agreement, or their successors in office.
5.2 Amendments. Any amendment to th3s Agreement must be in writing and will not be
effective until it has been executed and approved by the same parties who executed and
approved the original Agreement, or their successors in office.
5.3 Waiver. If either Party fails to enforce any provision of this Agreement, that failure
does not waive the provision or their rights to enforce it.
5.4 Contract Complete. This Agreement contains all negotiations and agreements
between the State and the SPPD. No other understanding regarding this Agreement,
whether written or oral, may be used to bind either Party.
6. Liability.
Each Pariy agrees that it will be responsible for its own acts and/or omissions in canying
out the terms of this Agreement and the results thereof to the extent authorized by law
and shall not be responsible far the acts and/or omissions of the other party and the results
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7.
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10.
thereof. The liability of the State and the SPPD, its employees, officials and agents shall
be govemed and limited by respective provisions of the Minnesota Torts Claims Act,
Minn. Stat. §§3.736 and provisions of the Minnesota Torts Claims Act, Minnesota
Statutes Chapter 466, et seq. and other applicable law. This clause will not be construed
to bar any legal remedies the Parties may have for failure of a Party to fulfill its
obligations under this Agreement.
State Audits
Under Minn. Stat. § 16C.05, subd. 5, the SPPD's books, records, documents, and
accounting procedures and practices relevant to this Agreement are subject to
examination by the State and/or the State Auditor or Legislative Auditor, as appropriate,
for a minimum of six years from the end o£this Agreement.
Government Data Practices
The State and the SPPD must comply with the Minnesota Govemment Data Practices
Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State or SPPD under this
Agreement, and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Parties under this Agreement. The civil remedies of
Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the
State or the SPPD.
Venue
Venue for all legal proceedings out of this Agreement, or its breach, must be in the
appropriate state or federal court with competent jurisdiction in Ramsey County,
Minnesota.
Termination
10.1 Termination. The State or the SPPD may terminate this Agreement at any time,
with or without cause, upon 30 days written notice to the other Party.
CITY OF SAINT PAUL
By:
Title: Chief of Police
By:
Title: Assistant Citv Attorney
By:
Title: Director, Financial Services
Date:
By:
Title: Mavor
Date:
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Minnesota Judicial Branch
By:
Lawrence Dease
Tifle: Second Judicial District Administrator
Date:
Senior Legal Counsel
As to form and execution
By:_
Date:
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ATTACHMENT A
Intake Steps for Snow Emergency Including
New TVB Payments
Tow Intake (garage)
Clerk filis out intake card (all information is required).
[Note: out-of-state plates and no plates must have complete VIN rather than just the
last 6 digits of the VfN].
Clerk grabs citation from windshield and staples to intake card.
Intake cards kept in numerical order.
Intake cards taken to office.
Data Entry
Cterk does initial data entry (Lic#, State, make, color, last six digits of VIN, zone, time
in, tow company, Iocation). Keep intake cards in numericai order.
[Note: ALL snow emergency tows are marked "SE" in "Tow Reason" no matter if it is a
stolen or other. "Stolen", etc. can be noted in the narrative].
Clerk runs registration by plate number and attaches to intake card.
Clerk enters into ALERT [Note: if no registration info, place intake card in trouble bin].
Clerk completes data entry by entering all complete information. Keep intake cards in
numerical order.
Clerk places intake cards and attached citation in incoming files in numerical order.
Release
Clerk retrieves intake card and citation and-asks if customer would.like to pay for
citation at this time. [Note: We do not offer the option if no citation was received and is
not attached to intake card].
If customer answers "Yes", enter citation number in the "Citation Number" field on the
"Release" page.
Clerk then processes payment and prints receipt page as normal. Two separate bi-fold
receipts (lmpound and N8) will print.
Clerk separates citation from intake card and puts in lock box along with TVB copy of
TVB receipt. Gives the customer copy of the Impound and NB receipts to customer
If customer answers "No", process tow release normally — hand citation to owner along
with fmpound receipt and refer to NS.
TVB picks up lockbox daily containing citations and TVB copies of receipts.
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Reports
Daily Financial report and Daily citation report by date or date range in available
"Reports" menu — citations paid for by citation number, Lic #, invoice #, amouni, method
of payment — detaii report with total NB citations paid and total doilars accepted
Report sent to NB — NB reconciles report with contents of lockboxes.
Special Notes:
"SE" must be in "Tow Type" for clerk to be able to enter citation number
Citation number must be entered on Release page to allow program to add the $45
court fine and fiees to the totaf charge and to print the receipts.
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