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.
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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.
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COUNTY OF DAKOTA
By:
Date:
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CITY OF ROSEMOUNT
By:
Print Name:
Title:
Date: