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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 2 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: __________________________ 3 CITY OF FRIDLEY By: _____________________________ Scott Lund, Mayor Dated: ___________________________ By: _________________________________ Wally Wysopal, City Manager Dated: ___________________________ APPROVED AS TO FORM By: _____________________________ Sarah Sonsalla City Attorney Dated: ________________________ 4