Loading...
HomeMy WebLinkAbout2012-R-20 (2) CITY OF JEFFERSONVILLE RESOLUTION 2012- Q A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT PERTAINING TO EMERGENCY RESPONSE COMMUNICATIONS WHEREAS, Civil City of Jeffersonville, Indiana, acting by and through the Mayor and the City Council and the Civil City of New Albany, Indiana, acting by and through its Mayor and City Council have negotiated an Interlocal Cooperation Agreement (Agreement) pertaining to the Communications of emergency response and public safety, a copy of which Agreement is incorporated herein by reference and made a part of this resolution; and WHEREAS, the City Council is, by this resolution, desirous of approving said agreement, as permitted and authorized by the provisions of IC 36 -1 -7, et. seq. NOW THEREFORE: BE IT RESOLVED that the recitals set forth above be incorporated in this resolution and made a part hereof. BE IT FURTHER RESOLVED, that the Agreement be, and the same hereby is approved, and, upon execution and acknowledgment by the Mayor, the City Clerk is directed to forward same for consideration and approval by the New Albany City Council and Mayor. SO RESOLVED this 3 day of n._. , 2012. ADOPTED THIS 3 DAY OF 2012. - D ZASTAWNY j RESI , T COMMON COUNCIL, JEFFERSONVILLE ATTEST: VICKI CONLIN, CITY CLERK PRESENTED BY ME TO THE MAYOR THIS - / DAY OF AtAtivrjALL,2012. Tom: • VICKI CONL P , CITY CLERK ACCEPTED AND APPROVED THIS Li DA 1 OF k Q . 1, 2012. 641 fi• MIKE MOO ' , MAY • CITY OF J FFERSONVILLE, INDIANA ATTEST: _ VICKI CONLIN, CITY CLERK APPROVED AND EXECUTED on behalf of Civil City of Jeffersonville, Indiana, this 1/45 Zi day of /3rrt.- , 2012, and on behalf of the Civil City of New Albany, this day of , 2012. CIVIL CITY OF NEW ALBANY, INDIANA BY: Jeff Gahan, Mayor ATTEST: New Albany City Clerk CIVIL CITY O J' ' ERSON ILLE, INDIANA BY Mike Moor , Mayor ATTEST: Jeffersonville, City Clerk FISCAL APPROVAL The foregoing Interlocal Agreement was Approved by resolution duly adopted by the Common Council of the Civil City of Jeffersonville on the 6' day of blip btr , 2012, and by the Common Council of the Civil City of New Albany on the day of , 2012. COMMON COUNCIL COMMON COUNCIL OF THE CIVIL CITY OF THE CIVIL CITY OF JF,,'FE 'SONVI E INDIANA OF NEW ALBANY, INDIANA a A OF, - . B . d Z sta ', President BY: Diane Benedetti, President li Lk 44 ATTEST: Vicki Conlin ATTEST: Vicki Glotzbach Jeffersonville City Clerk New Albany City Clerk NEW ALBANY -FLOYD COUNTY JOINT COMMUNICATIONS BOARD APPROVED AND ACKNOWLEDGED AND ACCEPTED on behalf of New Albany - Floyd County Joint Communications Board, Indiana, this day of , 2012. NEW ALBANY -FLOYD COUNTY JOINT COMMUNICATIONS BY: Stephen Bush, President ATTEST: Vicki Glotzbach New Albany City Clerk CITY OF NEW ALBANY RESOLUTION 2012 - A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT PERTAINING TO EMERGENCY RESPONSE COMMUNICATIONS WHEREAS, Civil City of Jeffersonville, Indiana, acting by and through the Mayor and the City Council and the Civil City of New Albany, Indiana, acting by and through its Mayor and City Council have negotiated an Interlocal Cooperation Agreement (Agreement) pertaining to the Communications of emergency response and public safety, a copy of which Agreement is incorporated herein by reference and made a part of this resolution; and WHEREAS, the City Council is, by this resolution, desirous of approving said agreement, as permitted and authorized by the provisions of IC 36 -1 -7, et. seq. NOW THEREFORE: BE IT RESOLVED that the recitals set forth above be incorporated in this resolution and made a part hereof. BE IT FURTHER RESOLVED, that the Agreement be, and the same hereby is approved, and, upon execution and acknowledgment by the Mayor, the City Clerk is directed to forward same for consideration and approval by the Jeffersonville City Council and Mayor. SO RESOLVED this day of 2012. ADOPTED THIS DAY OF , 2012. DIANE BENEDETTI, PRESIDENT COMMON COUNCIL, NEW ALBANY ATTEST: VICKI GLOTZBACH, CITY CLERK PRESENTED BY ME TO THE MAYOR THIS DAY OF 2012. TIME: VICKI GLOTZBACH, CITY CLERK ACCEPTED AND APPROVED THIS DAY OF , 2012. JEFF GAHAN, MAYOR CITY OF NEW ALBANY, INDIANA ATTEST: VICKI GLOTZBACH, CITY CLERK INTER -LOCAL COOPERATION AGREEMENT BY AND BEWTWEEN THE CIVIL CITY OF NEW ALBANY, INDIANA AND THE CIVIL CITY OF JEFFERSONVILLE, INDIANA THIS INTERLOCAL AGREEMENT made and entered into as of the day of , 2012, by and between the City of New Albany, Indiana (hereinafter referred to as the "New Albany "), and City of Jeffersonville, Indiana (hereinafter referred to as the "Jeffersonville "), political subdivisions of the State of Indiana, under the terms, covenants, conditions, commitments and agreements following, and all pursuant to the provisions if IC 36 -1 -7, et.seq. The New Albany -Floyd County Joint Communications Board is acknowledging this Agreement and terms contained therein. WITNESSETH: ARTICLE 1. PURPOSE The purpose of this agreement is the establishment of an agreement between New Albany and Jeffersonville committed to the facilitation of emergency communication services by and between members of various public safety departments, located or operating in New Albany, Floyd County, Indiana, and Jeffersonville, Clark County, Indiana to include city police and fire departments. ARTICLE 2. AGENCY The New Albany - Jeffersonville Emergency Committee (the "Committee ") shall serve as the board for management of this Agreement. ARTICLE 3. THE BOARD Except as provided by applicable law or the rules, provisions of this Agreement, regulations, directives, and enactments of the Executive (as hereinafter defined), the management of the Committee shall be vested in its board of directors, the same to be of the following members: (1.) The Mayor of the City of New Albany, Indiana, or his designee; (2.) The New Albany Chief of Police; (3 .)The New Albany Fire Chief; (4.) The Mayor of the City of Jeffersonville, Indiana, or his designee; (5.) The Jeffersonville Chief of Police; (6.) The Jeffersonville Fire Chief; If any member of the Board of Directors is permitted to be represented by a designee, the name of any such designee shall be provided in writing to the Board, with such designation to expire at the end of each calendar year, unless renewed, amended, or sooner terminated. The Board shall have the authority to contract for maintenance of the system, contract for repairs to the system, contract for professional services as needed, contract for tower leases, and purchase necessary items for the support and maintenance of the system. However, the Board shall not enter or bind the Board financially without the approval of the necessary budgetary bodies ultimately responsible for payment, unless an emergency exists which prevents prior approval. ARTICLE 4. COMPENSATION OF BOARD The members of the Board of Directors of the Authority shall serve without compensation, but shall be reimbursed for expenses incurred in the performance of their duties hereunder. ARTICLE 5. OFFICERS AND EMPLOYEES The Board of Directors of the authority shall, immediately after appointment, meet and organize. The board shall elect a chairman, vice chairman, and such other officers as the board deems necessary and appropriate, and shall enact rules and procedures for the conduct of its business. ARTICLE 6. MEETINGS The Board of Directors of the Committee shall meet at least yearly for the conduct of its business. Special meetings of the board may be called by: (1.) The Chairman; or (2.) Three members of the board; or (3.) The Executive A majority of the members of the board shall constitute a quorum for the transaction of business. Notice of meetings of the board shall be given as required by law. As used in this section, "Executive" shall mean the Mayor of the City of New Albany or the Mayor of the City of Jeffersonville. ARTICLE 7. EQUIPMENT AND TERMS AND JOINT COMMUNICATIONS Equipment: The City of New Albany Fire Department through a Federal Grant obtained a P25 radio system with associated costs estimated to be approximately $500,000. In addition the City of New Albany paid in excess of $80,000.00 for the matching portion of the Federal Grant. This system currently the top of the line in communication devises. This system is capable of permitting various agencies to use the system at the same time. Financial Terms: The City of Jeffersonville shall contribute $79,506.00 for additional costs associated with the P25 system. The City of New Albany shall pay the tower lease payments for five (5) years of the tower lease associated with the equipment from the date of this Agreement. After five (5) years, the New Albany and Jeffersonville shall equally split costs associated with the tower lease. The City of New Albany has obtained a maintenance contract pursuant to the grant and will be responsible for such maintenance for the initial two (2) years after the equipment is put into service. Thereafter, New Albany and Jeffersonville shall equally split costs associated with any maintenance to the system. Expansion of Agencies on System: The Committee shall review all requests to join the communication system from other agencies and set any fees associated therein, except as may be described in this Agreement below with respect to New Albany -Floyd County Joint Communications and Jeffersonville -Clark County Joint Communications. New Albany -Floyd County Joint Communications (hereafter "NAFCJC "): The City of New Albany and the City of Jeffersonville acknowledge and understand that the City of New Albany is negotiating and investigating a joint communications agency between agencies of Floyd County and New Albany. Should New Albany and Floyd County merge their emergency communication, the NAFCJC shall step in to the role of New Albany as outlined in this Agreement. Any costs associated with bringing in additional channels, equipment, computer programs and upgrades to the system due to the addition of NAFCJC shall be paid by the NAFCJC. Jeffersonville shall not be responsible for any of the costs associated with the addition of NAFCJC. The Board of the NAFCJC shall designate its representatives, as opposed to the designation of this Agreement for the Committee, as outline above. In addition, should NAFCJC step into this Agreement for the New Albany, all costs associated with improvement costs, maintenance, and upgrades shall be paid 1/3 by Jeffersonville and 2/3 by NAFCJC. Jeffersonville -Clark County Joint Communications (hereafter "JCCJC "): The City of New Albany and the City of Jeffersonville acknowledge and understand that the City of Jeffersonville may at be at some point negotiating and investigating a joint communications agency between agencies of Clark County and Jeffersonville. Should Jeffersonville and Clark County merge their emergency communication, the JCCJC shall step in to the role of Jeffersonville as outlined in this Agreement. Any costs associated with bringing in additional channels, equipment, computer programs and upgrades to the system due to the addition of JCCJC shall be paid by the JCCJC. New Albany shall not be responsible for any of the costs associated with the addition of JCCJC. The Board of the JCCJC shall designate its representatives, as opposed to the designation of this Agreement for the Committee, as outline above. In addition, should JCCJC step into this Agreement for the Jeffersonville, all costs associated with improvement costs, maintenance, and upgrades shall be paid 1/3 by New Albany and 2/3 by JCCJC. In the event that Jeffersonville and New Albany ultimately enter into joint communications with their respective counties, costs associated with improvement costs, maintenance, and upgrades shall be paid Y2 by each entity. With respect to potential Joint Communications, the Board of this Agreement shall consist of at least one member of the respective County and City. (Example: If Floyd County and New Albany enter into a Joint Communications, the members appointed by the NAFCJC to the Board of this Agreement shall have at least one member representing Floyd County and one member representing the City of New Albany). ARTICLE 8. DURATION OF AGREEMENT This agreement shall remain in full force and effect unless and until modified, amended, or terminated by written agreement of the parties, PROVIDED, either party may terminate this agreement upon twelve (12) months prior written notice. Upon termination, such property as shall have been contributed by the Cities, respectively, shall be returned to such entity, and the remaining property shall be disposed of as the Executive shall direct, but subject to applicable law, rule, and regulation. The contribution from Jeffersonville shall be amortized over ten (10) years from the signing of the Agreement. Should either party terminate this agreement before the end of ten (10) years, Jeffersonville shall be entitled to a pro -rata return of its investment into the system. The City of New Albany and the City of Jeffersonville shall be entitled to use, as outlined herein this Agreement, past the ten (10) year amortization period and for as long as the P25 System is being used as the communication devise. ARTICLE 9. AMENDMENT This agreement may be amended, from time to time, by mutual written agreement of the Cities or respective Joint Communications Boards of each County. ARTICLE 10. FILING AND RECORDATION The Clerk of City of New Albany is hereby directed to cause a copy of this agreement to be duly recorded in the office of the Recorder of Floyd County immediately upon the execution hereof by signatories, es and within sixty g sixty (60) days thereof to be filed with the State Board of Accounts, all as required by law. The Clerk of Jeffersonville is hereby directed to cause a copy of this agreement to be duly recorded in the office of the Recorder of Clark County immediately upon the execution hereof by all signatories, and within sixty (60) days thereof to be filed with the State Board of Accounts, all as required by law. ARTICLE 11. FINANCIAL /DISBURSING OFFICER The parties to this Agreement designate the New Albany City Controller as the disbursing officer to have the duty and responsible for documenting, receiving income, and making disbursements as it relates to the operations of this Agreement and as approved by the Board. The New Albany City Controller shall submit quarterly accounting to the Board for their review regarding the expenses and income received and paid under this Agreement. The New Albany City Controller shall also submit quarterly accounting to the Jeffersonville City Controller for submission to the Jeffersonville City Council and Mayor for their review and payment. PREPARED BY: Shane L. Gibson, #21642 -22 City Attorney, New Albany 311 Hauss Square, Rm. 316 New Albany, IN 47150 812 - 948 -5333 sgibson@cityofnewalbany.com REVIE D B R. Thomas Lowe, # 19134-10 Corporation Counsel, effersonville 500 Quartermaster Court, Ste. 250 Jeffersonville, IN 47130 812 - 280 -3251 tlowe @cityofjeff.net REVIEWED BY: Matt Lorch, # City Council Attorney, New Albany 223 E. Spring St. New Albany, IN 47150 / REV" :Y. / • . cot Lewis, • i -- / City Council Attorney, Jeffersonville 538 East Court Ave. Jeffersonville, IN 47130