HomeMy WebLinkAbout20090420 - VI-16
H A S T I N G S
MEMO
P O L I C E D E P A R T M E N T
TO:
Mayor Paul Hicks
Hastings City Council Members
FROM:
Chief Mike McMenomy
DATE:
April 15, 2009
SUBJECT:
Consent Agenda Item—Byrne/JAG Grant Joint Powers
Agreement
Attached please find a JPA regarding application and acceptance for a Byrne
JAG grant opportunity and award that Dakota County Law Enforcement agencies
have received from the US Dept. of Justice. As part of the federal stimulus
program Dakota County is receiving 341,000 dollars which has been designated
to be distributed to the various cities throughout Dakota County. Distribution
amounts for cities was determined by the reported UCR-universal crime reports
and statistics reported by the cities to the federal government. The city of
Hastings distribution amount is set at 12,859.11 dollars which according to the
grant requirements should be used for equipment items that could not be
purchased due to the budget problems through out the country. Dakota County
has agreed to coordinate the application process, serve as the fiscal agent and
distribute the funds to the various departments. There is no matching funds
needed with this grant award and City Attorney Dan Fluegel has reviewed the
JPA and saw no problem or issue with it. Thank You
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 $10,386.24
City of Apple Valley $42,780.93
City of Burnsville $69,982.50
City of Eagan $35,362.32
City of Hastings $12,859.11
City of Inver Grove Heights $31,899.93
City of Lakeville $21,761.07
City of Rosemount $ 9,396.72
City of South St. Paul $18,052.23
City of West St. Paul $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.
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.
COUNTY OF DAKOTA
APPROVED AS TO FORM:
____________________________ By:
___________________________
Assistant County Attorney/Date
___________________________
___________________________
Date:
___________________________
Approved by Dakota County
Board Resolution No. __________.
CITY OF APPLE VALLEY
By:
___________________________
Print Name:
Title:
Date:
___________________________
CITY OF BURNSVILLE
By:
___________________________
Print Name:
Title:
Date:
___________________________
CITY OF EAGAN
By:
___________________________
Print Name:
Title:
Date:
___________________________
CITY OF HASTINGS
By:
___________________________
Print Name:
Title:
Date:
___________________________
CITY OF INVER GROVE
HEIGHTS
By:
___________________________
Print Name:
Title:
Date:
___________________________
CITY OF LAKEVILLE
By:
___________________________
Print Name:
Title:
Date:
___________________________
CITY OF ROSEMOUNT
By:
___________________________
Print Name:
Title:
Date:
___________________________
CITY OF SOUTH ST. PAUL
By:
___________________________
Print Name:
Title:
Date:
__________________________
CITY OF WEST ST. PAUL
By:
___________________________
Print Name:
Title:
Date:
___________________________