Loading...
HomeMy WebLinkAbout2025-R-3 Resolution Approving Police Services Agreement Between the City of Jeffesonville & The River Ridge Development Authority (2) RESOLUTION NO. 2025-R- BEFORE THE JEFFERSONVILLE COMMON COUNCIL STATE OF INDIANA A RESOLUTION APPROVING POLICE SERVICES AGREEMENT BETWEEN THE CITY OF JEFFERSONVILLE AND THE RIVER RIDGE DEVELOPMENT AUTHORITY WHEREAS, the Common Council for the City of Jeffersonville, Clark County, Indiana (the "Council"), is the city's statutory legislative and fiscal body pursuant to I.C. 36-4-5-6 (as amended); and WHEREAS, the Council, on behalf of the City desires to provide additional police protection services within the River Ridge Commerce Center; and WHEREAS, the Council, supports the need for public safety in the City of Jeffersonville including within the River Ridge Commerce Center; and WHEREAS, the Council believes providing additional police services within the River Ridge Commerce Center promotes the general welfare and public safety; and WHEREAS, the City of Jeffersonville and the River Ridge Development Authority have negotiated the attached Police Services Agreement (Attachment "A") allowing the City of Jeffersonville Police Department to provide additional police protection within in the River Ridge Commerce Center as set forth in said Agreement; and NOW,THEREFORE BE IT RESOLVED BY THE JEFFERSONVILLE COMMON COUNCIL, COUNTY OF CLARK, STATE OF INDIANA, THAT: 1.The Council hereby approves the attached Police Services Agreement(Attachment"A"). 2. This resolution shall be in full force and affect after its passage, approval and confirmation require by law. SO APPROVED ON THIS / DAY OF bat Ct , 2025. VOTED FOR: VOTED AGAINST: PASSED AND RESOLVED (2025-R- 3 ) by the Common Council of the City of Jeffersonville, Clark County, Indiana, upon this /i' day of F btuc.ry �J , 2025. jAt-‘ Evan Stoner, President ATTEST: Lisa GUT—Clerk PRESENTED (2025-R-.2 ) BY ME TO THE MAY9R OF JEFFERSONVILLE, CLARK COUNTY, INDIANA UPON THIS iy DAY OF -C`?rc{cr,t y , 2025. Lisa Gill, Jerk SIGNED AND APPROVED (2025-R- j ) BY ME (20 - - ) N THIS I g DAY OF , 2025. Mike Mo re, Mayor VETOED(2025-R- ) BY ME THIS DAY OF , 2025. Mike Moore Mayor ATTACHMENT "A" POLICE SERVICES AGREEMENT BETWEEN THE CITY OF JEFFERSONVILLE AND THE RIVER RIDGE DEVELOPMENT AUTHORITY POLICE SERVICES AGREEMENT THIS POLICE SERVICES AGREEMENT(hereinafter referred to as this"Agreement")is made and entered into with an effective date of April 1, 2025 (the "Effective Date"), by and between the RIVER RIDGE DEVELOPMENT AUTHORITY, an Indiana government unit established pursuant to the provisions of Ind.Code § 36-7-30,et seq.(the"RRDA"),and the CITY OF JEFFERSONVILLE, INDIANA, an Indiana municipal government unit established pursuant to Ind. Code § 36-4-1,et seq. (the"City"); each individually a"Party"or collectively the "Parties." RECITALS: WHEREAS,the RRDA was established as a reuse authority pursuant to Ind. Code § 36- 7-30,et seq.,for the purpose of undertaking the planning,replanning,rehabilitation, development, redevelopment, and other preparation for reuse of certain former federal military base property that was formerly known as the Indiana Army Ammunition Plant, and which is now known as the River Ridge Commerce Center(the"RRCC"), as a reuse area("Reuse Area"); and, WHEREAS,a portion of the Reuse Area is located within the corporate boundaries of the City; and, WHEREAS,the City is an Indiana municipal government unit established pursuant to Ind. Code § 36-4-1, et seq., to provide services to the residents of the City, including, but not limited to, police protection and fire protection; and, WHEREAS, that portion of RRCC that is located within the corporate boundaries of the City ("RRCC/Jeff') receives the very municipal services that are provided by the City to its residents; and, WHEREAS,pursuant to Ind. Code § 36-7-30-9(a)(23), the RRDA has the power to enter contracts for the provision of additional police services to be provided within RRCC/Jeff("Police Services"); and, WHEREAS,pursuant to Ind. Code § 36-7-30-9(a)(24), the RRDA has the power to make and enter into all other contracts and agreements necessary or incidental to the performance of the duties of the RRDA and the execution of the powers of the RRDA; and, WHEREAS, the Parties hereby acknowledge that since the establishment of the RRDA, the City has been providing municipal services,including without limitation,police protection and fire protection,within RRCC/Jeff for the benefit of the RRDA; and, WHEREAS, the RRDA is authorized to use tax increment finance ("TIF") proceeds allocated to the Reuse Area to pay for the Police Services to be provided pursuant to the terms of this Agreement; and, WHEREAS,the Parties now desire to enter this Agreement to provide for certain annual payments to be made by the RRDA to the City in consideration of its provision of additional Police Services within RRCC/Jeff, subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises and obligations of the Parties set forth in this Agreement, and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the Parties hereto covenant and agree as follows: 1. Recitals. The recitals set forth hereinabove are hereby incorporated into this Agreement as if fully set forth herein. 2. Term. The term of this Agreement shall commence as of the Effective Date and expire on December 31, 2025 (the"Term"),unless extended in accordance with Section 4 below. 3. Scope of Police Services. During the period that this Agreement remains in effect, the Jeffersonville Police Department ("JPD") shall assign two (2) uniformed police officers in a marked or unmarked police vehicles to patrol the RRCC/Jeff area on a Monday through Friday basis for two (2) periods of four and one-half(4.5) hours each, with emphasis given to morning and afternoon peak traffic volumes, as determined by RRDA, to the extent practicable. For purposes of this Agreement, RRCC/Jeff shall be deemed to include that portion of State Road 62 that is contiguous with and/or adjacent to RRCC/Jeff. The JPD shall continue to provide emergency response and police services to RRCC/Jeff in the same manner and scope that it provides to the that portion of the City outside of RRCC on a 24/7/365 basis. The JPD shall provide mutual aid response services to that portion of RRCC that is located within the corporate boundaries of the City of Charlestown, Indiana on a 24/7/365 basis. The emergency response and police services provided by JPD pursuant to this Agreement shall be conducted in accordance with federal, state, and local laws, JPD policies and procedures, and generally accepted policing industry standards. The RRDA may, upon written request to the City, request additional officers for additional dedicated shifts at RRCC/Jeff at any time, which is subject to the review and approval of the City and the Chief of Police of JPD in their sole discretion. If such a request is approved, then RRDA will provide additional funds and the City will manage such additional funds in accordance with Sections 5 and 6 below. 4. Additional Term. The Term of this Agreement, as set forth in Section 2 above, shall be automatically extended on an annual, calendar year basis (the "Additional Term"), unless terminated or modified in writing by November 30 of the year in which the Term or the Additional Term would otherwise expire. 5. Compensation. In consideration for the emergency response and police services provided by the City and JPD pursuant to this Agreement and Section 3, RRDA hereby agrees to pay the City the not to exceed annual sum of Four Hundred Ninety-Eight Thousand Two Hundred Eighty-Seven and 58/100 Dollars($498,287.58)(the aforementioned annual sum shall be guaranteed for a period of five (5) years from the Effective Date and not subject to change for any reason), in two (2) equal installments by not later than January 31 and July 31, respectively, of each year that this Agreement remains in effect. Such compensation shall be pro-rated for any year in which Police Services are provided during a period of less than twelve (12) full months 2 (i.e.,the total compensation for calendar year 2025 shall not exceed Three Hundred Thirty-Two Thousand One Hundred Ninety-One and 72/100 Dollars($332,191.72)and shall be paid in two (2) equal installments by no later than April 1 and July 31). Each installment payment shall be delivered to the City at its address for receiving notices set forth in Section 11 below. 6. Rebate of Surplus and Residual Funds. The annual compensation provided in Section 5 above is based upon the highest overtime rate for senior officers pursuant to the City's current collective bargaining agreement, as of the Effective Date, with its' police officers (the "Collective Bargaining Agreement"), which rate is presently $106.18 an hour. The Parties acknowledge and agree that not all emergency response and police services provided for in Section 3 and pursuant to this Agreement will be provided by such senior officers being paid at a rate of $106.18 an hour and that police officers assigned to provide such emergency response and police services pursuant to this Agreement may be paid at a lesser overtime rate. The City agrees to keep an accurate accounting (and subject to inspection by RRDA) of the proper overtime rates of the police officers (based upon the Collective Bargaining Agreement) who provided the emergency response and police services pursuant to this Agreement. It is expected that surplus or residual funds will be rebated to RRDA and that RRDA shall only pay for the actual approved time and Collective Bargaining Agreement overtime rates for the police officers who provided the emergency response and police services pursuant to this Agreement. The City shall provide to RRDA,no later than January 15 of the following year, a true-up amount or amount to be refunded to RRDA. RRDA, in its sole discretion, may elect to credit such amount toward the next installment payment for the Compensation provided in Section 5 if this Agreement is still in effect or may request a return of such surplus or residual fluids which shall be provided by the City within seven (7) working days following the request by RRDA. Additionally, if this Agreement is terminated or not renewed all surplus or residual funds must be returned to RRDA within thirty (30)days of such termination. 7. Traffic Regulation; Minimum Standards for Enforcement. The City acknowledges that all of the roadways within RRCC/Jeff are owned and maintained by RRDA within easements reserved or established for such purposes. RRDA shall recommend to the Common Council of the City (the "City Council") the establishment of speed limits or other appropriate traffic regulations authorized by Indiana law, including without limitation, hid. Code § 9-20, et seq., Ind. Code § 9-21, et seq., hid. Code § 9-21-1-2,and Ind. Code § 9-21-1-3, for each such roadway now located or subsequently constructed within the RRCC/Jeff, which recommendation shall be based on the opinion of a registered professional engineer retained by RRDA(at RRDA's sole cost and expense)to design or review the condition of each such roadway. The City Council shall take official action upon consideration of an ordinance (with the endorsement and support of JPD) with respect to each such recommendation within thirty (30) days following receipt. In the event that the City establishes an ordinance violations bureau, the City shall be entitled to keep and retain all funds collected for traffic ordinance violations committed within RRCC/Jeff to the extent permitted by law and without compensation to RRDA or reduction of any payments pursuant to this Agreement. 8. Performance and Reporting. The City and JPD hereby covenant and agree to continue to perform and provide the all emergency response and police services provided in this Agreement from and after the Effective Date for so long as this Agreement remains in effect. The 3 City and JPD shall provide RRDA with a report on a not less than monthly basis detailing the officers that were assigned to each shift,the beginning and end times of each shift,time sheets for the police officers, and the applicable overtime rates for such officers. Additionally, the City and JPD agrees to provide to RRDA on a quarterly basis(or upon request by RRDA)reports in a form satisfactory to RRDA consisting of: (a)the calls/runs the police officer respond to,(b)traffic stops, (c)arrests and charges, (d)citations,and(e)such other documentation RRDA may request related to this Agreement and/or the emergency response and police services provided. 9. No PILOT. The City covenants and agrees that it shall not enact any payment- in-lieu of taxes("PILOT")pursuant to the provisions of Ind.Code§36-7-30-31 or any other statute during the period that this Agreement remains in effect. 10. Indemnification and Insurance. The City and JPD covenant and agree at their expense to pay and to indemnify and save RRDA and each of its respective officers, directors, employees,attorneys,and agents(collectively,"Indemnitees"and each an"Indemnitee")harmless of, from and against, any and all claims, damages, demands, expenses (including reasonable attorneys' fees and costs), and liabilities relating to bodily injury, property damage, or any other claim or loss resulting directly or indirectly from the City or JPD's (and/or any of the City's or JPD's employees, agents, contractors, attorneys, or affiliates) actions or omissions relating to (a) this Agreement, (b)the emergency response and police services provided by the City or JPD, and (c) the operations of the City or JPD. If any action or proceeding is brought against one or more Indemnitees, (x) each Indemnitee may, in its sole discretion, select its own counsel, (y) the Indemnitee(s) seeking indemnification shall give notice of such action or proceeding to City and JPD in writing, and (z) the City and JPD shall reimburse such Indemnitee(s) for all reasonable costs and expenses, including reasonable attorneys' fees and court costs, incurred by such Indemnitee(s) in connection with the defense of such action or proceeding. Further, the City and JPD shall name the River Ridge Development Authority as an additional insured under all relevant and applicable insurance policies maintained by the City or JPD. 11. Notices. All notices, requests, or other communications required hereunder shall be sufficient only if given in writing which shall be deed given when delivered personally, one(1) day after being deposited for next day delivery by a nationally recognized courier, or three (3) business days when sent by registered or certified United States Mail,with return receipt requested and postage prepaid as follows: To RRDA: River Ridge Development Authority Attn: Executive Director 300 Corporate Avenue, Suite 300 Jeffersonville, IN 47130 With a copy to: River Ridge Development Authority Attn: General Counsel 300 Corporate Avenue, Suite 300 Jeffersonville, IN 47130 To the City: City of Jeffersonville, Indiana 4 Attn: Director of Finance 500 Quartermaster Court, Suite 300 Jeffersonville, IN 47130 With a copy to: City of Jeffersonville, Indiana Attn: Corporation Counsel 500 Quartermaster Court, Suite 250 Jeffersonville, IN 47130 Any Party to this Agreement may, by notice given hereunder, designate any further or different addresses to which subsequent notices,requests, or other communications shall be sent. 12. Time is of the Essence. Except for extensions of time resulting from an event or force majeure,the times for performance provided in this Agreement are essential as they relate to the obligations and expenditures of the Parties. 13. Binding Effect. This Agreement shall inure to the benefit of,and shall be binding to the fullest extent applicable, upon the Parties and their respective successors and assigns. 14. Assignment. No Party hereto may assign all or any portion of its rights and obligations hereunder without the prior written consent of the other Party hereto. 15. Amendments and Modification. This Agreement, together with the agreements and documents referenced herein, supersede all prior negotiations and agreements and constitute the entire agreement between the parties regarding its subject matter. No change, amendment, or modification to, or extension or waiver of any provisions of, or consent provided hereunder, shall be valid unless such change, amendment, modification, extension, or waiver is in writing and signed by all the Parties to this Agreement,or in the case of consent or waiver,by the Party granting same. 16. Severability. In case any Section or provision of this Agreement, or in case any covenant, stipulation, agreement, act or action, or part thereof, made, assumed, entered into or taken under this Agreement, or any application thereof, is, for any reason, held to be illegal or invalid, or is at any time inoperable by reason of any law, or actions thereunder, such illegality or invalidity or inoperability shall not affect the remainder thereof or any covenant, stipulation, obligation,agreement,act or action,or part thereof,made,assumed,entered into or take under this Agreement. 17. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Indiana. 18. Captions and Headings. The captions and headings of the various Sections herein contained are solely for the convenience of the various Parties hereto and shall not be construed to interpret or limit the content of any provision or Section of this Agreement. 5 19. Counterparts. This Agreement may be executed in several counterparts, each of which shall be considered an original and all of which shall constitute one and the same instrument. 20. Authority. The individuals executing this Agreement on behalf of the Parties hereto warrant their capacity and authority to execute this Agreement on behalf of said Parties, respectively. 21. Subordination to Debt Service. Notwithstanding any provision contained herein to the contrary, the City and RRDA hereby agree that any and all payments under this Agreement shall be subordinate to any and all debt service payments for bonds, notes, leases, or other debt obligations issued by or on behalf of RRDA prior to or after the Effective Date. [The remainder of this page intentionally left blank. Signature pages follow.) 6 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed on f brucy1 ! , 2025. CITY OF JEFFE ONVILLE, DIANA By: Michael G. oore, Mayor Attested by: /:.tea' Lisa Gi , Jeffersonville City Clerk 7 IN WITNESS WHEREOF, the RRDA has caused this Agreement to be duly executed on F�brt.“%r1 aO , 2025. RIVER RIDGE DEVELOPMENT AUTHORITY By: .7Y, l . rry G. y, Executry • etor Attested by: C. Gregory Fifer, Gener Counsel 0118167.0797168 4919-5415-5024v2 8