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Home My WebLink About2013-R-24 (2) RESOLUTION NO.2013 -R- A RESOLUTION APPROVING AND RATIFYING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF JEFFERSONVILLE, INDIANA AND THE TOWN OF CLARKSVILLE, INDIANA AND COUNTY OF CLARK, INDIANA RECOVERY ACT: JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD WHEREAS, the Common Council of the City of Jeffersonville, Indiana (hereinafter "the City ") entered into an Interlocal Agreement; and WHEREAS, the duration of this interlocal agreement shall be the time that the JAG grant is open. This agreement shall remain in full force and effect until such time as the JAG grant is closed under Department of Justice guidelines; and WHEREAS, the purpose of this interlocal agreement shall be to apply for grant funding through the U.S. Department of Justice under the American Recovery and Reinvestment Act of 2009 (Public Law 111 -5) and 42 U.S.C. § 3751(a) to receive funds for use of each police departments of the parties as more fully described in the agreement and; WHEREAS, the Common Council believes that it is in the best interest of the City to enter into this Interlocal Agreement; NOW THEREFORE, IT IS HEREBY RESOLVED that the Common Council of the City of Jeffersonville does hereby approve and ratify the Interlocal Agreement Between The City of Jeffersonville, Indiana, Town of Clarksville, Indiana, and County of Clark, Indiana. Passed and adopted this 5 day of ,47601,64., 2013, by the Common Council of the City of Jeffersonville, Clark County, Indiana. Common Council Of The City of Jeffersonville, Indiana ' 0 D OR: VOTED AGAINST: AL ,iL�- - .. '<;4 k• , ' lye, d u4/6 . a ... Connie Sellers, President ATTEST: .- 6 C Jet. CO/XIA/V- Vicki Conlin, Clerk Presented by me as Clerk to the Mayor of the City of Jeffersonville this Ai day of t , 2013. Lac: Vicki Conlin, Clerk This Resolution approved and signed by me this „ day of • j , 013. J, A J ike v oore, M. yor THE STATE OF INDIANA THE COUNTY OF CLARK INTERLOCAL AGREEMENT BETWEEN THE CITY OF JEFFERSONVILLE, INDIANA, TOWN OF CLARKSVILLE, INDIANA, AND COUNTY OF CLARK, INDIANA RECOVERY ACT: JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This agreement is made and entered into pursuant to Ind. Code § 36 -1 -7 on this day of , 2013, by and between the CITY of Jeffersonville, acting by and through its governing body, the City Council (CITY), the TOWN of Clarksville, acting by and through its governing body, the Town Council (TOWN), and the COUNTY of Clark, acting by and through its governing body, the Board of Commissioners (COUNTY). WHEREAS, this Agreement is made under the authority of the American Recovery and Reinvestment Act of 2009 (Public Law 111 -5), and 42 U.S.C. 3751(a) and pursuant to Ind. Code § 36 -1 -7; and WHEREAS, the parties desire to apply for Justice Assistance Grant (JAG) funding through the U.S. Department of Justice for needed funding for the police 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 agrees to provide the City $18,115.65 (45 %) from the JAG award, and the City agrees to provide the County $3,220.50 (8 %) from the JAG Award, and the City agrees to provide the Town $14,895.00 (37 %) from the JAG Award, for the provision of grant administration services; and WHEREAS, the CITY, TOWN, and COUNTY believe it to be in their best interests to reallocate the JAG funds; - 1 - The CITY, TOWN, and COUNTY agree as follows: Section 1. Duration The duration of this interlocal agreement shall be the time that the JAG grant is open. This agreement shall remain in full force and effect until such time as the JAG grant is closed under Department of Justice guidelines. Section 2. Purpose The purpose of this interlocal agreement shall be to apply for grant funding through the U.S. Department of Justice under the American Recovery and Reinvestment Act of 2009 (Public Law 111 -5) and 42 U.S.C. § 3751(a) to receive funds for use of each police departments of the parties as more fully described herein. The City of Jeffersonville 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 Edward Byrne Memorial JAG Program FY 2013. The grant funds shall be allocated among the parties as follows: The CITY will receive $18,115.65 of JAG funds. CITY agrees to use such funds to purchase 800 mhz mobile radios and taser cartridges and batteries, not to exceed four (4) years beyond the date of award. CITY agrees to pay TOWN a total of $14,895.00 of JAG funds. TOWN agrees to use $14,895.00 for purchase of crime scene processing equipment, cameras, lenses, portable printers, DC adapters for printers, lighting, and thermal imaging with photo ability, not to exceed four (4) years beyond the date of award. CITY agrees to pay COUNTY a total of $3,220.50 of JAG funds. COUNTY agrees to use $3,220.50 for purchase radars and tasers, until such funds are expended, not to exceed four (4) years beyond the date of award. Each party shall provide staff needed for the expenditure and accounting of its share of the JAG grant funds. Each party shall submit a budget to the grant administrator, DeLynn Rutherford, prior to the distribution of the allocated portion of the grant funds. Such budget shall be maintained in the records of each party and in the records of the grant administrator. 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 County other than claims for which liability may be imposed by the Indiana Tort Claims Act. -2- 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 DeLynn Rutherford of the City shall serve as the grant administrator for any and all grants received. The City shall 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 of the Town, and the county commissioners of the County. The administration fee for this grant is $4,025.70 (10% of $40, 257.00, the total amount of the grant. In any case of grant repayment to the funding agency due to deficiencies in grant administration, the City of Jeffersonville 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, Holding, 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 interlocal 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. - 3 - 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. CITY OF JEF - ' SONVILLE, INDIANA ATTEST: J ...A .i,, .... /,,,A. .,,,, Ma •r Clerk `� APPROVED AS TO FORM: 0 11101,,,.... City Attorney ... TOWN OF CLARKSVILLE, INDIANA APPROVED AS TO FORM: President, Town Council Town Attorney COUNTY OF CLARK, INDIANA APPROVED AS TO FORM: President, Board of Commissioners County Attorney -4- 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. CITY OF JEF • SONVILLE, INDIANA ATTEST: vis teic- ‘deiL Ma • r Clerk APPROVED AS TO FORM: IL • City Attorney TOWN OF CLARKSVILLE, INDIANA APPROVED AS TO FORM: President, Town Council Town Attorney COUNTY OF CLARK, INDIANA APPROVED AS TO FORM: President, Board of Commissioners County Attorney -4- 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. CITY OF JEF • • SONVILLE, INDIANA ATTEST: 1 6,411 ... 64 01 Ma sr Clerk APPROVED AS TO FORM: a . - • City Attorney TOWN OF CLARKSVILLE, INDIANA APPROVED AS TO FORM: 10066.7—d -21-Akyon President, Town Coun tl Tow Attorney COUNTY OF CLARK, INDIANA APPROVED AS TO FORM: President, Board of Commissioners County Attorney _4_ 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. CITY OF JEF - ' SONVILLE, INDIANA ATTEST: . J.1 A. Ma • r Clerk APPROVED AS TO FORM: -----C te 4 ,i2., City Attorney ` . TOWN OF CLARKSVILLE, INDIANA APPROVED AS TO FORM: President, Town Council Town Attorney COUNTY OF CLARK, INDIANA APPROVED AS TO FORM: c e.' / , fre' ' n‘.--- 'resident, ;,. of Commissioners County Attorney -4-