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HomeMy WebLinkAbout2011-R-01 • • INTERLOCAL AGREEMENT BETWEEN THE TOWN OF CLARKSVILLE, INDIANA, CITY OF JEFFERSONVILLE, INDIANA, AND CITY OF NEW ALBANY, INDIANA 2011 FIRE PREVENTION AND SAFETY GRANT APPLICATION This agreement is made and entered into pursuant to Ind. Code § 36 -1 -7 on this day of , 2011, by and between the TOWN of Clarksville, acting by and through its governing body, the Town Council (TOWN), the CITY of Jeffersonville, acting by and through its governing body, the City Council (CITY), and the City of New Albany (NEW ALBANY), acting by and through its governing body, the City Council. WHEREAS, this Agreement is made under the authority of 42 U.S.C. 3751(a) and pursuant to Ind. Code § 36 -1 -7; and WHEREAS, the parties desire to apply Fire Prevention and Safety (FP &S) funding through the U.S. Department of Homeland Security for needed funding for the fire departments of the parties; and WHEREAS, each governing body, 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 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 WHEREAS, the CITY and NEW ALBANY agree to allow the TOWN to collect a fee equal to no more than 3% of the grant award to provide for grant preparation and administration services. WHERAS, the TOWN will license and store the equipment to be purchased by the grant, with NEW ALBANY and CITY having full use of the equipment. The CITY, TOWN, and NEW ALBANY agree as follows: Section 1. Duration. The duration of this interiocal agreement shall be the time that the FP &S grant is open. This agreement shall remain in full force and effect until such time as the FP &S grant is closed under Department of Homeland Security guidelines. Section 2. Purpose. The purpose of this interlocal agreement shall be to apply for grant funding through the U.S. Department of Homeland Security under the Assistance to Firefighters Grant Program, (15 U.S.C. § 2229 et. seq), to receive funds for use to target high risk populations and reduce the number of Injuries caused by fire hazards. The Town of Clarksville shall be the party which shall administer any and all grants received. If the application for grant funding is approved and grant funds received, the purpose of this interlocal agreement shall be to identify the proper allocation of such funds among the parties. Section 3. Manner of Financing. Staffing. and Supplying the Joint Undertaking of This Interlocal Agreement The joint undertaking of this agreement shall be financed by the proceeds of any grant funds received from the Fiscal Year 2011 Fire Prevention and Safety Grant Program. The total amount of grant funds to be applied for is 125,000. These funds will be used to purchase a fire investigation trailer, additional training on fire investigations and fire prevention curriculum for school children k -2. The CITY, TOWN and NEW ALBANY are each expected to contribute 1/3 of the required grant match of 25,000. This equals to 8,334 for each community. The Town of Clarksville will provide all administration of the grant funds and will serve as the lead applicant as well as the purchasing agent. Section 4. No Liability Incurred by Operation of This Agreement Nothing in the performance of this Agreement shall impose any liability for claims against CITY, TOWN, or NEW ALBANY other than claims for which liability may be imposed by the Indiana Tort Claims Act. Section 5. Indemnity. Each party to this Agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of services by the other parties. Each party shall indemnify and hold harmless the other parties for civil liability that may arise from that party's acts or omissions. Section 6. Termination of Agreement. This interlocal agreement shall be terminated when the grant has been fully closed with approval from and in compliance with the requirements of the granting agency. Section 7. Administration of Interlocal Agreement Brittany Montgomery of the TOWN shall serve as the grant administrator for any and all grants received. The TOWNshall receive all administration fees from the other parties as allowed by the terms of the grant and /or the granting agency. The interlocal agreement shall be administered by a joint board composed of one representative each appointed by the Mayor of the CITY, the Town Council President of the TOWN, and the Mayor of NEW ALBANY. In any case of grant repayment to the funding agency due to deficiencies In grant administration, the Town of Clarksville shall make any and all required repayment to the funding agency, unless such grant deficiencies result from the action, Inaction, failure of cooperation, negligence, mistake, misrepresentation, error, or any other action or inaction on the part of another party, in which case the party responsible for the grant deficiency shall make any and all required repayment to the funding agency. Section 8. Acquiring. Holdinq. and Disposing of Property. No party shall acquire or hold property with grant funds unless specifically allowed by the granting agency. Any such property so acquired or held shall be owned by the party that acquired and held same upon the termination of this interlocai agreement. Section 9. No Rights Acquired by Outside Parties. The parties to this agreement do not intend for any outside party to obtain any rights by virtue of this Agreement. Section 10. Miscellaneous. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. This Agreement shall not create any rights in any party not a signatory hereto. Town of Clarksville Attest: City o J -fferso r H Attest: //// / ,`# r City of New Albany Attest: