Loading...
HomeMy WebLinkAbout5F - Edward G. Byrne Memorial Recovery Act Grant~~ PRIp~., ti ~ ~'~ A U T, ~. `` ~I~'IVESO~P- 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT MEETING DATE: MAY 4, 2009 AGENDA #: 5F PREPARED BY: JANE KANSIER, BUILDING AND TRANSPORTATION SERVICES DIRECTOR AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING FOR THE RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (BYRNE GRANT) FOR THE TRI-CITY TACTICAL TEAM DISCUSSION: Introduction The purpose of this agenda item is to receive City Council approval of a Memorandum of Understanding (JPA) for the submittal of a Byrne Grant application. The grant will be used to fund an EMT for the Tri-City Tactical Team and to purchase vests and other equipment for the team. History The Federal government has taken various actions in an effort to stimulate the economy. One of the efforts is the Edward Byrne Memorial Justice Assistance Grant program. This program supports all components of the criminal justice system, including multi-jurisdictional task forces, such as the Tri-City Tactical Team. Applicants are only eligible to receive these funds if they are listed on the Recovery Act JAG allocation list. In our case, we are listed as part of a group consisting of Scott County, the City of Prior Lake, the City of Savage and the City of Shakopee. We are only eligible to receive these funds as a group, not as an individual local government. The funds must be used to benefit all four governmental entities. Current Circumstances The Tri-City Tactical Team TCTT was formed as part of the Law Enforcement Mutual Aid Pact between the cities of Prior Lake, Savage and Shakopee in 2002. The TCTT was formed to assist the police departments of these communities to respond to high risk situations that call for special equipment in the hands of specially trained officers to bring about a safe resolution to potentially volatile situations. The TCTT was originally begun by the three cities, but since then the Scott County Sheriff's Department has joined as an equal partner to the Team. As a group, the cities of Prior Lake, Savage and Shakopee and Scott County have been allocated a total of $100,245.00 of JAG funds. The funds can be spent over a four year period, or all at once. There is no local match required. This award is not automatic; we must still submit a grant application to receive the funds. www. cityofpriorlake. com r Phon~> 952;447.9500 ,/ ,~a~~~.~~2;~447~4245 Tactical Team. If awarded, the grant money will be used to fund two EMT's to provide support to the Tri-City Tactical Team. This will not require hiring additional staff. Allina Ambulance Service will provide the staff for the positions. The grant will be used to reimburse Allina for any of the EMT time spent on training or in service to the TCTT. The funds will also be used to provide specialized training for the EMT's. Finally, some of the funds will be used to purchase specialized vests for the TCTT officers. ISSUES: The Byrne grant is an opportunity to provide specialized services and equipment to the TCTT. There is no required local match. There is also no requirement to continue funding the program at the expiration of the grant. So, if at the end of four years the TCTT members do not wish to fund the EMT positions, there is no obligation to do so. Scott County has agreed to act as the lead fiscal agent for administering this grant. They do not intend to collect any administrative costs for this service. The County will be submitting the actual grant application, so each member City is required to adopt a MOU specifically for the grant program. This MOU basically states each member agrees to pay their share of the JAG allocation to Scott County, and Scott County agrees to use the funds to pay the expenses associated with the grant. FINANCIAL There is no cost to the City for this grant program. The City will benefit IMPACT: financially, since we can purchase equipment that may have otherwise had to be deferred. ALTERNATIVES: 1. Adopt a resolution approving a Memorandum of Understanding for the Recovery Act Edward Byrne Memorial Justice Assistance Grant. 2. Deny the proposed resolution. 3. Other action as directed by the City Council. The staff recommends alternative #1. RECOMMENDED A motion and second to adopt a resolution approving a Memorandum of MOTION: Understanding for the Recovery Act Edward Byrne Memorial Justice Assistance Grant. Reviewed by: ~ C~~' Frank B yles, ity Manager J;,., ;_ .. , , ;,~ ,_,. -PR ., ;O Io1~.E` ~`~ ~ ~~~, 4646 Dakota Street S.E. u fi' ~ Prior Lake, MN 55372-1714 t~~ V 4~INN e RESOLUTION 09-xxx A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING FOR THE RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (BYRNE GRANT) FOR THE TRI-CITY TACTICAL TEAM Motion By: Second By: WHEREAS, The City needs the capability to respond safely and effectively to high risk and other potentially dangerous criminal activity; and WHEREAS, The ability to respond to such situations is enhanced by the formulation of the Tri-City Tactical Team in conjunction with the police departments from the City of Savage, the City of Shakopee and the Scott County Sheriff s Department; and WHEREAS, The cities of Prior Lake, Savage and Shakopee and Scott County have the opportunity to jointly receive a Justice Assistance Grant for use by the TCTT; and WHEREAS, A Memorandum of Understanding outlining the responsibilities of each entity is a required part of the application; and WHEREAS, The Memorandum of Understanding has been reviewed by the City Attorney. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Mayor and City Manager are authorized to execute the Memorandum of Understanding. PASSED AND ADOPTED THIS 4T" DAY OF MAY, 2009. YES Nn Haugen Haugen Erickson Erickson Hedberg Hedberg LeMair LeMair Millar Millar Frank Boyles, City IVlanager - www.cityofpriorlake.com Phone 952.447.9800 /Fax 952.447.4245 MEMORANDUM OF UNDERSTANDING TRI-CITY TACTICAL TEAM RECOVERY ACT: JUSTICE ASSISTANCE GRANT (JAG) PROGRAM THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into by and between the County of Scott, a Minnesota Political Subdivision ("Scott County"), the City of Prior Lake, a Minnesota Municipal Corporation ("Prior Lake"), the City of Savage, a Minnesota Municipal Corporation ("Savage"), and the City of Shakopee, a Minnesota Municipal Corporation ("Shakopee"). The parties shall hereinafter be referred to collectively as the "Members" of the Tri-City Tactical Team ("TCTT"). WHEREAS, this MOU is made pursuant to the authority conferred upon the parties by Minnesota Statutes §§ 471.59; and WHEREAS, each of the Parties, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each Party finds that the performance of this MOU is in the best interest of all the Members of the TCTT, 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 MOU; and WHEREAS, Prior Lake, Savage and Shakopee agree to provide the County their share of the JAG award for the Tri-City Tactical Team Medics and Equipment Program; and WHEREAS, Prior Lake, Savage, Shakopee and Scott County agree it is in their best interests to reallocate the JAG funds. NOW, THEREFORE, IT IS HEREBY AGREED as follows: SECTION I 1.1 Prior Lake agrees to pay Scott County a total of $22,070.00 of JAG Funds. 1.2 Savage agrees to pay Scott County a total of $27,388.00 of JAG Funds. 1.3 Shakopee agrees to pay Scott County a total of $40,683.00 of JAG Funds. 1.4 Scott County agrees to allocate $10,104.00 of JAG Funds. SECTION II 2.1 Scott County agrees to use $100,245.00 for the Tri-City Tactical Team Medics and Equipment Program until December 31, 2014. SECTION III 3.1 The TCTT shall fully defend, indemnify and hold harmless the Parties and members against all claims, losses, liability, suits, judgments, cost and expenses by reason of the action or inactions of the employees and/or the agents of the TCTT, except for any act or omission for which the Party's employee is guilty of malfeasance, willful neglect of duty or bad faith. This MOU to indemnify and hold harmless does not constitute a waiver by the TCTT, any member or any participant of the limitations on liability provided under Minn. Stat. §466.04. 3.2 To the full extent permitted by law, actions by the Parties pursuant to this MOU are intended to be and shall be construed as a "cooperative activity" and it is the intent of the Parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minn. Stat. §471.59, subd. la(a); provide further that for purposes of that statute, each Party to this MOU expressly declines responsibility for the acts or omissions of the other Parties. 3.3 The Parties to this MOU are not liable for the acts or omissions of the other participants to this MOU except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other Parties. 3.4 Each Party acknowledges and agrees that it is insured or self-insured consistent with the limits established in Minnesota State Statute. Each Party agrees to promptly notify all Parties if it becomes aware of any potential Board related claim(s) or facts giving rise to such claims. SECTION IV The Parties agree to abide by all applicable federal and state laws and regulations concerning the handling and disclosure of private and confidential information concerning individuals and/or data, including but not limited to, information made non- public by such laws or regulations. SECTION V The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this MOU and the legal relations and performance obligations between the Parties herein. The appropriate venue and jurisdiction for any litigation hereunder shall be those courts located within the State of Minnesota. Litigation, however, in the federal courts involving Parties herein shall be in the appropriate federal court within the State of Minnesota. If any provision of this MOU is held invalid, illegal or unenforceable, the remaining provisions shall not be affected. 2 IN WITNESS WHEREOF, the undersigned government units, by action of their Governing Bodies, have caused this Memorandum of Understanding to be executed in accordance with authority of Minn. Stat. § 471.59. COUNTY OF SCOTT Jon Ulrich, Chair Board of Scott County Commissioners Date: , 2009 Kevin Studnika Scott County Sheriff Date: Attested to: Gary Shelton Acting Scott County Administrator Date: , 2009 Approved as to form: 2009 Pat Ciliberto Scott County Attorney Date: 2009 3 IN WITNESS WHEREOF, the undersigned government units, by action of their Governing Bodies, have caused this Memorandum of Understanding to be executed in accordance with authority of Minn. Stat. § 471.59. CITY OF PRIOR LAKE Jack Haugen, Mayor William O'Rourke Prior Lake City Council Prior Lake Police Chief Date: , 2009 Date: Attested to: Approved as to form: Frank Boyles Prior Lake City Manager Date: 2009 Suesan L. Pace Prior Lake City Attorney 2009 Date: 2009 4 IN WITNESS WHEREOF, the undersigned government units, by action of their Governing Bodies, have caused this Memorandum of Understanding to be executed in accordance with authority of Minn. Stat. § 471.59. CITY OF SAVAGE Janet Williams, Mayor Savage City Council Date: Attested to: Rodney Seurer Savage Police Chief 2009 Date: Approved as to form: 2009 Barry Stock Savage City Administrator Date: Richard F. Rosow Savage City Attorney 2009 Date: 2009 5 IN WITNESS WHEREOF, the undersigned government units, by action of their Governing Bodies, have caused this Memorandum of Understanding to be executed in accordance with authority of Minn. Stat. § 471.59. CITY OF SHAKOPEE John Schmitt, Mayor Shakopee City Council Date: Attested to: Dan Hughes Shakopee Police Chief 2009 Date: Approved as to form: 2009 Mark McNeill Shakopee City Administrator Date: Shakopee City Attorney 2009 Date: 2009 6