Resolution No. 2023-28, Approving and Authorizing the Signing of the Agreement with City of Coon Rpds. for the Edward Byrne JAG Program FY 2022 Local Solicitation
Resolution No. 2023-28
Approving and Authorizing the Signing of an Agreement with the City of Coon Rapids for
the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2022 Local
Solicitation
Whereas, Minnesota Statute§ 471.59, subd. 1 allows two or more governmental units, by
agreement entered into by their governing bodies, to jointly or cooperatively exercise any power
common to both contracting parties; and further it allows one party to act on behalf of other
participating units of government; and
Whereas, the City of Fridley (City) has applied for and received annual grant awards from the
Bureau of Justice Assistance; and
Whereas, the City has drawn down all available funds and completed federal reporting
requirements for its previous and current Bureau of Justice Assistance awards; and
Whereas, the City of Coon Rapids (Coon Rapids) applied for fiscal year 2022 funds through the
Edward Byrne Memorial Justice Assistance Grant (JAG) Program, which is administered by the
Bureau of Justice Assistance, for the purchase of a throwable robot device; and
Whereas, Coon Rapids was awarded $25,324 in Bureau of Justice Assistance JAG funds under
award #15PBJA-22-GG-02662-JAGX for the purpose specified in the grant application; and
Whereas, the Bureau of Justice Assistance JAG award provided to Coon Rapids included the City
as an additional party on the award, despite no additional request for Bureau of Justice
Assistance funding from the City of Fridley in 2022; and
Whereas, Coon Rapids encountered the same award allocation errors in 2022 for a FY2021 JAG
award, and despite efforts to remedy the error, the Bureau of Justice Assistance was unable to
determine why the City was listed as a co-recipient of the funds that the Coon Rapids was
awarded; and
Whereas, the Bureau of Justice Assistance was able to confirm that the funds awarded to Coon
Rapids were not funds previously awarded to the City under the City’s Bureau of Justice
Assistance awards; and
Whereas, the City did not request the specific Bureau of Justice Assistance funds that were
received by Coon Rapids; and
Whereas, the City is unable to draw down Coon Rapids’ funds from the Bureau of Justice or
meet federal reporting requirements because the funds were requested by Coon Rapids for a
specific purpose; and
Resolution No. 2023-28 Page 2
Whereas, Coon Rapids is unable to draw down funds from their award until the City formally
declines participation in their Bureau of Justice Assistance award by means of an agreement
between the City and Coon Rapids; and
Whereas, Coon Rapids is unable to draw down funds from their award until the County of
Anoka consents to the allocation of Bureau of Justice Assistance funds; and
Whereas, a Memorandum of Understanding (Agreement) between the City, Coon Rapids, and
the County of Anoka has been drafted by Coon Rapids for the purpose of satisfying all
conditions of their Bureau of Justice Assistance solicitation for FY 2022.
Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves said
agreement and the Mayor and the City Manager or their designee are hereby authorized to
execute the attached Agreement.
Passed and adopted by the City Council of the City of Fridley this 27th day of March, 2023.
_______________________________________
Scott J. Lund – Mayor
Attest:
Melissa Moore – City Clerk
Anoka County Contract #C0009854
MEMORANDUM OF UNDERSTANDING
FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
PROGRAM FY 2022 LOCAL SOLICITATION
THIS AGREEMENT is made and entered into on the ____ day of _______________, 2023,
by and between the City of Coon Rapids, acting by and through its City Council, City of Fridley,
acting by and through its City Council and Anoka County, acting by and through its County
Commissioners, all of Anoka County, State of Minnesota witnesseth:
WHEREAS, the City of Coon Rapids and City of Fridley received notice that it is
eligible for a JAG grant in the amount of $25,324.00 for the purpose of law enforcement
equipment.
WHEREAS, JAG funding program requires Anoka County's consent to the allocation of
JAG monies even though Anoka County is not directly receiving JAG monies;
WHEREAS, City of Fridley is declining their direct allocation of the JAG monies,
therefore City of Coon Rapids is eligible for their portion.
WHEREAS, Minnesota Statute § 471.59, subd. 1 allows two or more governmental units,
by agreement entered into by their governing bodies, to jointly or cooperatively exercise any power
common to both contracting parties; and further it allows one party to act on behalf of other
participating units of government; and
WHEREAS, each governmental body, in performing governmental functions or in
paying for the performance of government functions hereunder, shall make that performance or
those payments from current revenues legally available to that party; and
WHEREAS, each governing body finds that the performance of this Agreement is in the
best interests of all parties, that the undertaking will benefit the public, and that the division of
costs fairly compensates the performing party for the services or functions under this agreement:
And
NOW THEREFORE, the cities of Coon Rapids and Anoka County agree as follows:
Section 1.
Anoka consents to the allocation of JAG monies and how Coon Rapids will spend the JAG
monies.
Section 2.
City of Fridley declines their direct allocation of JAG monies, consents to the allocation
of their portion of JAG monies to Coon Rapids and how Coon Rapids will spend the JAG
monies.
Section 3.
Nothing in the performance of this Agreement shall impose any liability for claims
against the City of Coon Rapids other than claims for which liability may be imposed by the
Minnesota Tort Claims Act.
Section 4.
Nothing in the performance of this Agreement shall impose any liability for claims
against Anoka County other than claims for which liability may be imposed by the Minnesota
Tort Claim Act.
Section 5.
Each party to this agreement will be responsible for its own actions in providing services
under this agreement and shall be liable for any civil liability that may arise from the furnishing of
the services by the other party.
Section 6.
The parties to this agreement do not intend for any third party to obtain a right by virtue of
this agreement.
Section 7.
By entering into this agreement, the parties do not intend to create any obligations
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express or implied other than those set out herein; further, this agreement shall not create any
rights in any party not a signatory hereto.
Section 8.
This Memorandum of Understanding may be executed in counterparts as of the day first
written above.
COUNTY OF ANOKA CITY OF COON RAPIDS
By: _____________________________ By: _____________________________
Matt Look, Chair Jerry Koch, Mayor
Anoka County Board Commissioners
Dated: ___________________________ Dated: __________________________
By: _________________________________ By: _____________________________
Rhonda Sivarajah, County Administrator Matt Stemwedel, City Manager
Dated: ___________________________ Dated: __________________________
APPROVED AS TO FORM APPROVED AS TO FORM
By: _____________________________ By: ____________________________
Bryan R. Lindberg David J. Brodie
Assistant County Attorney City Attorney
Dated: ________________________ Dated: __________________________
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CITY OF FRIDLEY
By: _____________________________
Scott Lund, Mayor
Dated: ___________________________
By: _________________________________
Wally Wysopal, City Manager
Dated: ___________________________
APPROVED AS TO FORM
By: _____________________________
Sarah Sonsalla
City Attorney
Dated: ________________________
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