07-1182Council File # D7-l18�
Green Sheet # ,�Q �/ S/
Presented By:
Referred To:
Committee:Date:
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WHEREAS, under Minn. Stat. §471.59, subd. 10, the State of Minnesota and the
Saint Paul Pofice Department are empowered to enter into joint power
agreements; and
WHEREAS, a vehicle owner who had a vehicie towed to the Saint Paul Police
Impound Lot for a violation of a City of St. Paul declared snow emergency would
have to recover their vehicle by paying towing and administrative fees, and also
go to a 2nd Judiciai Court location (Traffic Violation Bureau) to pay for the snow
emergency parking violation citation fine; and
WHEREAS, the St. Paul Police Department and the State of Minnesota conducted a
trial program and deem it beneficial for both the State of Minnesota and the Saint Paul
Police Department to continue to have owners pay their towed vehic�e fees and
snow emergency parking violation citation fines in one place, at the Saint Paul Police
Impound Lot; and
WHEREAS, the trial program also benefited citizens of the City of St. Paul because it
saved them time in the aftermath of a snow emergency, reduced the inconvenience,
and afforded them a better customer-service experience in a di�cult situation; and
FINALLY RESOLVED, that the Saint Paul City Council hereby authorizes the Saint
Paul Police Department to enter into a joint power agreement with the State of
Minnesota pursuant to Minn.Stat. §471.59, subd. 10 allowing the Saint Paul Police
Impound Lot for a three year period to coilect snow emergency parking violation
citation fines on behalf of 2nd Judicial District Court at the Saint Paul Police Impound
Lot.
Requested by Department of:
L�
by City Attorney:
Adopted by Councii: Date: �a���o�0�/7
Adoption Certified by Co �cil Secretary:
BY� � . ` ��/r
Approved by Ma or ate: �`«1 D�
By: � � ,,.I�i�
RESOLUTION
SAINT PAUL, MINNESOTA
a'�
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Approved by f� ayor for Submission
to Cou i .
By:
TVB Council Resolution2.xls
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
D� -118�-
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DepartmenVofficPJcouncil: � Date Initiated: '
PD PoliceDepartment 2�-NO�-o� Green Sheet NO: 3046651
Contac[ Person & Phone: �
Chief John Hanington ,
266-5588
Mus[ Be on Council Agenda by (Date): �
I
Doa Type: RESOLUTION �
�
E-Document Requiretl: Y �
Oocument Contact: Evette Scarver
ConWCt Phone: 266-5541 ! � �
_ . . __—__---___—___._ _.____--_ -- — _— _ - __
Total # of Signature Pages �(Clip All Locations for Signature)
Action Requestetl:
Si�namres on the attached council resolution authorizing the City of Saint Paul, acting through iPs Police Department, to enter inro
! he attached Joint Powers Agreement with the State of Minnesota, ac[ing through iPs Second 7udicial District Court Administrator. �.
itlations: Approve (A) or Re]ect (H): I Personal Servfce Contracts Must Answer the Following Questfons:
Planning Commission I 1. Has this person/4rm ever worked under a contract for this department?
CIB Committee I Yes No
Civil Service Commission �� 2. Has this persoNfirm ever been a city employee?
� Yes No
�'�, 3. Dces this personlfirm possess a skill not normally possessed by any
, wrreni ciry employee?
Yes No
j Explain all yes answers on separate sheei and attach to green sheet
Inrtiating Problem, Issues, Opportunity (Who, What, When, Where, Why): '
"fhe CiYy of Saint Paul Impound Lot will colleet all fees/fines associated with the towing of a vehicle during a Snow Emergency. This '
will benefit the velvcle owner with a"one stop" to pay all fees/fines, the City of Saint Paul will benefit with increase revenue for �
coflecring the fees/fines and the SCaYe of Minnesota will benefit with shorte[ lines at Che'IYaffice and V ehiele Bureau (TVB) along wi[h �
mcreasing the amount of collections associated with the snow emergency. �'
AdvantageslfApproved: '
Both the Poliee Departmen[ and the TVB will inerease revenue, while pioviding a better customer-service expenenee for vehicle .
owners whose vehicle was towed during a snow emergency.
Disadvantages If Approved:
Vone.
Oisadvantages If Not Approved:
Lost oppoitunity to offer a be[ter customer-service experieuce in a difficult time.
ii�
_ _ __' " ' _ _'_' "" "_' ""
Total Amouni of
Transaction:
Funding Source:
Fi nancia l Information:
(Explain)
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0 Police Deparlment Police Deparhnent
Assign � 1 Police Depar�ent Police Depazhnent ,
Numbef i Z 'C��y Attornev (SN Attorney �_� i
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Order �I 4 ,Coanol i CoancB �
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CosURevenue Budgeted:
Activi[y Num6er.
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November 26 2007 t2:15 PM
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STATE OF MINNESOTA
JOINT POWERS AGREEMENT
This Agreement is between the State of Mianesota, acting through its Second Judicial District
Court Administrator ("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 aze 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 declared 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 Violarion Bureau ("TVB") or other court designated
location to pay for the snow emergency parking violation citation fine. Therefore, it is 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
1. Term of Agreement.
1.1 Effective Date: The date all required signatures for the Ageement are obtained.
1.2 Expiration Date: Three years from the date all required signatures for the Agreement
aze obtained..
2. Agreement between the Parties.
2.1 Three Year Period. Parties agree that this Agreement for processing SEFs at the
SPPD impound lot by SPPD staff will be in effect for three years.
2.2 SPPD Software Programming Changes. State will pay SPPD to make soflware
progrannning 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 as necessary and agreed upon by both parties
throughout the duration of this agreement. The mutual agreement to pay for additional
software amendment costs shall be reduced to writing, signed by SPPD's Authorized
Representative on behalf of SPPD and the District Court Administrator, Second Judicial
District, with the understanding that such costs shall not exceed $5,000 by the City.
Upon the signature of both parties to the soflware payment agreement, it shall constitute
an amendment to this contract and be incoxporated herein as an addendum.
2.3 Option Offered to i�ehicle Owner to Pay at Impound Lot. When a vehicle is towed
� into the SPPD impound lot with a snow emergency pazking violation citation, the vehicle
owner will be given the option, by the SPPD impound lot staff, to pay the citation fine
along with the tewing and administrative fees charged to the vehicle owner, at the
impound lot office.
2.4 Option to CoUect 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
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owner a TVB receipt that reflects that payment of the citation was made at the Impound
L.ot.
2.5 Option Declined. If vehicle owner declines oprion, vehicle owner has to go to TVB to
pay the SEF.
2.6 Intake Steps for Processing Option to Pay at the Impound Lot. Attached as Er.hibit
A are the Intake Stens for Snow Emereencv Including 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 witk respecf to SEFs
The money collected for citation fines will be deposited by the SPPD to the City of St
Paul. The SPPD Impound I,ot 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" 7udicial Dish This
detailed list will be used by SPPD to reconcile the money deposited with the City of St
Paul. The 2" Judicial District will use this report to reconcile the citations and receipts
received. The 2 Judicial District will offset against the City of St PauPs 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 returned payxnents (NSF's, Stop Payments...) will be handled by the SPPD Impound
L,ot; a report will be distributed to the City of St Paul and the 2" 7udicial District.
The 2" Judicial District will reconcile the citations and receipts received from the SPPD
with the Vibes summary 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 satisfac6on of both Parties, either Party may ternunate the Agreement with 30 written
notice to the other Pariy, a termination available under Secrion 10 of the Agreement.
3. Consideration and Payment.
3.1 Consideration. The following are potential benefits observed during the initial trial
period offered as consideration for this Agreement:
(1) TVB benefits by reducing the lines at TVB, saving time, and making far a better
customer experience.
(2) TVB benefits by cutting down on appeals.
(3) TVB benefits by reducing hearing officer time involved with snow emergency
cases, and reducing the number of citations that go to wanant.
(4) TVB 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 benefits because the portion of collecrions that St. Paul receives accrues
to St. Paul faster.
(6) St. Paul 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 arranging a"one-stop shopping" scenario rather
than the customer having to go to two different locations and make iwo different
payments just to recover from hauing their car tagged and towed.
(7) St. Paul benefits by reducing the amount of time property clerks have to spend
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dealing with disgruntled customers, explaining why they have to go two places to
make their payments - time better spent on the efficient processing and release of
impounded cars for each customer.
(8) St. Paul benefits by reducing the number of customer complaints handled by the
Impound Lot, the Mayor's Office, and Risk Mananement.
(9) The morale of St. Paul impound lot employees will be better as it now affords
them an oprion to offer when people aze angry about their car being towed which
is an effective customer-service technique.
(10) Cirizens of St. Paul will benefit because it will save them time in the afterxnath 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 necessary softwaze program
changes to enable the production of receipts and financial reports on the processing of the
payxnent of SEFs at the SPPD impound lot by SPPD staff as agreed upon by both parties
throughout the duration of this ageement, and information signs as described in Section
2.2 of this Agreement.
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 Tmpound 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 this 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.
53 Waiven 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 regazding this Agreement,
whether written or oral, may be used to bind either Party.
6. Liability.
Each Party agrees tl�at 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
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and shall not be responsible for the acts and/or omissions of the other party and the results
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,
Miun. Stat. §§3.736 and provisions of the Mimiesota Torts Claims Act, Minnesota
Statutes Chapter 466, et sea. and other applicable law. This clause will not be construed
to bar any legal remedies the Parties may have for failure of a Pariy 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 aze 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 of this Agreement.
8. Government Data Praetices
The State and the SPPD must comply with the Minnesota Government 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.
9. 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.
10. 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.
MINNESOTA NDICIAL BRANCH
By a � C P'�.t✓�JASZ.' � "Y,f?ASg-E'
Lawrence Dease
Title: Second Judicial
Date: l� —G
Administrator
As to form and execution
By: �
T' e: Senior Legal
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CITY OF SAINT PAUL
�
By:
Title: Mavor
Date:
ATTACHMENT A
Intake Steps for Snow Emergency Including
New TVB Payments
Tow Intake (garage)
Clerk fills 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 VIN].
Clerk grabs citation from windshieid and staples to intake card.
Intake cards kept in numericai order.
Intake cards taken to office.
Data Entry
Cierk does initial data entry (Lic#, State, make, color, last six digits of VIN, zone, time
in, tow company, location). Keep intake cards in numerical 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.
Cierk places intake cards and attached citation in incoming files in numerical order.
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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].
lf customer answers "Yes", enter citation number in the "Citation fVumber" field on the
"Release" page.
Clerk then processes payment and prints receipt page as normai. Two separate bi-folc
receipts (Impound and NB) will print.
C{erk separates citation from intake card and puts in 4ock box along with NB copy of
NB 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 impound receipt and refer to TVB.
NB picks up fockbox daily containing citations and NB copies of receipts.
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 #, amount, method
of payment — detail report with total NB citations paid and total doliars accepted
Report sent to TVB — TVB reconciles report with contents of lockboxes.
Special Notes:
"SE" must be in "Tow Type" for cierk 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 fees to the total charge and to print the receipts.
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