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HomeMy WebLinkAbout6.e. Joint Powers Agreement - Recovery Act Edward Byrne Memorial Justice Assistance GrantAGENDA ITEM: Joint Powers Agreement Recovery Act Edward Byrne Memorial Justice Assistance Grant AGENDA SECTION• Consent PREPARED BY: Gary Kalstabakken, Chief of Police ENDA NO. (a'.Q ATTACHMENTS: JPA Agreement APPROVED BY: OD) RECOMMENDED ACTION: Motion to authorize the Rosemount Police Department to apply for a Recovery Act Edward Byrne Memorial Justice Assistance Grant through a Joint Powers Agreement and authorizing the Mayor to execute the agreement and any amendments as necessary. 4 ROSEMOUNT City Council Meeting: May 5, 2009 CITY COUNCIL EXECUTIVE SUMMARY ISSUE The federal government's stimulus plan includes funding for local law enforcement. These funds are available through the Edward Byrne Memorial Justice Assistance Grant GAG) program to designated agencies. BACKGROUND The City was notified by US Senator Amy Klobuchar's staff earlier this spring that the City of Rosemount Police Department had been designated to receive funds through the JAG program. While the funds have been designated, all agencies must still apply to receive the funding. Within Dakota County, the designated cities and the County are required by the process to apply jointly for the funds even though the funds are designated for the individual cities and the county. JAG has a model Joint Powers Agreement that is recommended to be used by agencies when applying for the funding. The JPA requires that one entity serve as the applicant and fiscal agent for the grant funds. Dakota County has agreed to serve in both roles. Administrative funding of up to ten percent is permitted by the grant to offset the costs of administering the JAG funds. Dakota County has agreed to retain seven (7) percent of funds to cover the costs associated with administering the funds. The City of Rosemount's portion of the designated funds after deducting the seven percent is $9396.72. The JAG funds are awarded with some restrictions. Most notably is that the funds are to be non- supplanting. Awardees are to use the funds for purchases or expenses that are not already included in the awardees' budget. While a final decision has not been made on the specific item(s) to be purchased if the JAG funds are received, two items have been identified as the most likely for purchase. These include software and hardware enhancements to the in -squad video system that will automate the saving and copying process of video files and a photo imaging system for using in the booking process for "mug shots." Any expenditure will be done in compliance with the grant purchase and reporting requirements. RECOMMENDATION Staff recommends that Council authorize the execution of the Joint Powers Agreement for the JAG program. The JPA was reviewed by City Attorney LeFevere. JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITIES OF APPLE VALLEY, BURNSVILLE, EAGAN, HASTINGS, INVER GROVE HEIGHTS, LAKEVILLE, ROSEMOUNT, SOUTH ST. PAUL AND WEST ST. PAUL This Agreement is made and entered into the day of 2009, by the County of Dakota "County the City of Apple Valley, the City of Burnsville, the City of Eagan, the City of City of Hastings, City of Inver Grove Heights, the City of Lakeville, City of Rosemount, City of South St. Paul and City of West St. Paul, "the Cities each acting by and through its duly authorized officers pursuant to Minn. Stat. 471.59. WHEREAS, the County and the Cities are political subdivisions organized under the laws of the State of Minnesota and are responsible for the enforcement of criminal laws in their respective jurisdictions; and WHEREAS, the County and Cities wish to apply for a Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $314,561.00 and to delineate herein their agreement regarding the roles and responsibilities among them with regard to the application for the JAG grant and the assumption of fiscal agent duties attendant upon award of the JAG grant. NOW, THEREFORE, THE COUNTY AND THE CITIES AGREE AS FOLLOWS: 1. PURPOSE. The purpose of this Agreement is to enable the County and the Cities to apply for and receive a Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $314,561.00 and to provide for the application, receipt, disbursal and administration of the JAG funds, if awarded. 2. FISCAL AGENT. The County agrees to act as the fiscal agent for the County and the Cities under this Agreement. The County will submit an application for the JAG funds and will be responsible for administration of the JAG funds, if awarded, including distributing funds to the Cities as provided in paragraph 3, monitoring expenditure of the JAG funds, and complying with Recovery Act reporting requirements. 3. DISTRIBUTION OF FUNDS. The County agrees to distribute funds for grant programs to the County and the Cities as follows: County of Dakota City of Apple Valley City of Burnsville City of Eagan City of Hastings City of Inver Grove Heights City of Lakeville City of Rosemount City of South St. Paul City of West St. Paul $10,386.24 $42,780.93 $69,982.50 $35,362.32 $12,859.11 $31,899.93 $21,761.07 9,396.72 $18,052.23 $40,060.68 4. USE OF JAG FUNDS. The County and the Cities agree that the JAG funds will be expended for the following programs until December 2009: County of Dakota: law enforcement equipment, including cameras and technology City of Apple Valley: marked police cruisers City of Burnsville: law enforcement equipment, including cameras and technology City of Eagan: law enforcement equipment, including cameras and technology City of Hastings: law enforcement equipment, including cameras and technology City of Inver Grove Heights: law enforcement equipment, including cameras and technology City of Lakeville: law enforcement equipment, including cameras and technology City of Rosemount: law enforcement equipment, including cameras and technology City of South St. Paul: law enforcement equipment, including cameras and technology City of West St. Paul: law enforcement equipment, including cameras and technology 5. ADMINISTRATIVE FUNDS. The County and the Cities understand that up to 10 percent of the JAG funds may be used by the fiscal agent for costs associated with administering JAG funds. The County and the Cities understand and agree that the County will retain 7 percent of the JAG funds for the costs associated with administering the JAG funds and that the distribution of funds provided in paragraph 3 of this Agreement reflects the 7 percent allocation to the County for this purpose. 6. COOPERATION. The Cities agree that they, and each of them, will cooperate with the County in its role as fiscal agent. 7. LIABILITY. The County and the Cities shall be liable for their own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any of the others, their agents, volunteers or employees. 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 the performance of this Agreement. Nothing in this Agreement shall impose or be construed to impose any liability for claims against the County or the Cities, or any of them, except as may be otherwise imposed by law. Nothing in this Agreement will be construed to modify or amend any statutory or other legal obligations of the County or the Cities or any of them. 8. THIRD PARTY BENEFICIARY. The County and the Cities do not intend for any third party to obtain a right by virtue of this Agreement. O: \Civil \Contracts\2009\K09 -81 Byrne JPA.doc 2 9. DISBURSEMENT OF FUNDS. The County will comply with the method for disbursement of funds in accordance with the laws and policies applicable to the County. Contracts let and purchases made with funds made available pursuant to this Agreement shall conform to the requirements of the County or the Cities, as appropriate. The County and the Cities agree that there shall be strict accountability of all funds made available pursuant to this Agreement. 10. EFFECTIVE DATE. This Agreement shall be effective on the date that the last entity has executed the Agreement. 11. COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. APPROVED AS TO FORM: Assistant County Attorney /Date Approved by Dakota County Board Resolution No. O: \Civil\Contracts\2009\K09 -81 Byrne JPA.doc 3 COUNTY OF DAKOTA By: Date: O: \Civil \Contracts\2009\K09 -81 Byrne JPA.doc 10 CITY OF ROSEMOUNT By: Print Name: Title: Date: