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/ w. <br />A/- <br />TO; Mayor and City Council <br />FROM: Ron Moorse, City Administrator <br />DATE: November 3, 1993 <br />SUBJECT: Extension of Contract for Prosecution Services <br />XV ’>■ <br />In 1991 the City requested proposals for prosecution services in an <br />effort to reduce the costs of this service. The process resulted <br />in the cities of Orono, Minnetrista and St. Bonifacius contracting <br />with the City of Minnetonka for prosecution services. This <br />arrangement has substantially reduced the cost of prosecution <br />service. <br />The initial agreement was a two year agreement. This agreement is <br />now up for renewal for another two year term. The Police Chief has <br />indicated the agreement has worked well the past two years and <br />recommends the two year extension. <br />The initial agreement as well as the proposed agreement sets a <br />maximum dollar amount for prosecution services based on the <br />projected actual costs of providing the service. Although most of <br />these costs are fixed, i.e. salaries, some are variable. After two <br />years of experience with the agreement the City of Minnetonka has <br />proposed making two exceptions to the maximum dollar amount to <br />address two areas of variable costs. <br />First, the agreement sets a maximum amount the City of Minnetonka <br />will pay toward the cost of serving subpoenas. This amount is <br />based on the amount spent during the first 2 years of the <br />agreement. If this amount is exceeded, Oiono will pay the <br />additional cost. Total costs for subpoenas for alT of the contract <br />cities have been approximately $1,200 per year. The maximum amount <br />in the contract is $1,500 per year. <br />Secondly, if there is a case where there would be a conflict of <br />interest for the prosecutors, i.e. prosecuting a city employee; <br />that would require the hiring of an outside prosecutor to handle <br />the case; the City of Orono would pay all costs of the outside <br />prosecutor in excess of $100.00. Both of these exceptions are <br />reasonable since they would be unplanned expenditures directly <br />related to the City of Orcno. The total cost for Orono for 1994 <br />would be $31,017. The annual cost, in the original agreement with <br />the City of Minnetonka for 1992 was $30,000 per year. This is a 3% <br />increase over a 3 year period. <br />rniincil Action Requested - Motion to approve the two year extension <br />of the prosecution agreement with the City of Minnetonka and to <br />authorize the Mayor and City Administrator to sign the agreement.