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HomeMy WebLinkAbout2017-R-10 RESOLUTION NO. 2017-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 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 JAG Program 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 thiQL_day of 2017, by the Common Council of the City of Jeffersonville, Clark County, Indian . VOT VOTED AGAINST: 12 Coun it President, Lisa Gill 1 A e : Vicki Conlin, Clerk P sented by me as Clerk to the Mayor of the City of Jeffersonville this day of u�cW ' 2017 &�,L- Vlin, Cl rk This Resolution approved and signed by me this , 2017 yor 2 CONTRACT NO. THE STATE OF INDIANA KNOW ALL BY THESE PRESENT COUNTY OF CLARK INTERLOCAL AGREEMENT BETWEEN THE CITY OF JEFFERSONVILLE, IN AND COUNTY OF CLARK, IN,AND TOWN OF CLARKSVILLE 2017 BYRNE JUSTICE ASSISTANCE GRANT(JAG)PROGRAM AWARD This Agreement is made and entered into this tenth day of August, 2017, by and between The COUNTY of Clark,acting by and through its governing body,the Commissioners Court, hereinafter referred to as COUNTY, and the CITY of JEFFERSONVILLE, acting by and through its governing body,the City Council, hereinafter referred to as CITY,and the TOWN OF CLARKSVILLE,acting by and through its governing body,the Town Council, hereinafter referred to as TOWN, all of Clark County, State of Indiana, witnessed: WHEREAS,this Agreement is made under the authority of Sections 42 U.S.C.3751(a), Indiana Code§36- 1-7: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 both 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 COUNTY$2,735.20,from the JAG award for the Grant Program:and WHEREAS, the CITY agrees to provide the TOWN $12,650.30, from the JAG award for the Grant Program:and WHEREAS,the CITY and COUNTY and TOWN believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE,the COUNTY and CITY,and TOWN agree as follows: Section 1. CITY agrees to pay COUNTY a total of$2,735.20 of JAG funds. City agrees to pay TOWN a total of$12,650.30 of JAG funds. Section 2. COUNTY agrees to use$2,735.20 for the JAG Program until 12/31/2018. TOWN agrees to use$12,650.30 for the JAG Program until 12/31/2018. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the State of Indiana Tort Claims Act. Nothing in the performance of this Agreement shall impose any liability for claims against TOWN other than claims for which liability may be imposed by the State of Indiana Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY or Town other than claims for which liability may be imposed by the State of Indiana Tort Claims Act. Section S. 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 the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. City of Jeffersonville, ,IN' my of Clark, IN City Council President 0 ty Comm 0- President To of arksville,IN Town Council President *By law,the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients.It may not advise or approve a contracts or legal document on behalf of other parties.Our view of this document was conducted solely from the legal perspective of our client.Our approval of this document was offered solely for the benefit of our client,Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s). Page 2 U.S.DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Edward Byrne Justice Assistance Grant Program FY 2017 Local Solicitation Certifications and Assurances by the Chief Executive of the Applicant Government On behalf of the applicant unit of local government named below.in support of that k)ca]Ws application for an award under the FY 2017 Edward Byrne Justice Assistance Gran',('JAG)Program,and further to 42 U.S.C.§3752(al.I certify under penalty of perjury to the Office of Justice Programs f'OJPI,U.S.Department of Justice(USIDOr),that all of the following are true and correct: 1. 1 am the chief executive of the applicant unit of local government named be4cw,and I have the authority to make Che following representations on my own behalf and on behalf of the applicant unit of local government. I understand that these representations Wit be relied upon as material in any OJP decision to make an award,under the application described above,to the applicant unit of local government. 2. 1 certify that no federal funds made available by the award(if any)that OJP makes based on he application described above will be used to supplant local funds,bu!will be used to increase the amounts of such funds that would.in the absence of federal funds,be made available for law enforcement activities. 3. 1 assure that the application described above(and any arnendment to that application)was submitted for review to the governing body of the unit of local government(e.g.,city council or county commission),or to an organization designated by that governing body,not,less than 30 days before the date of this certification. 4. 1 assure that,before She date of this certification—(a)the application described above(and any amendment to that application)was made public;and(b'�an opportunity to comment on that application(or amendment)was provided to citizens and to neighborhood or oommuntty-based organizations,to the extent applicable law or established procedure made such an oppor-unity,available. 5. 1 assure that,for each fiscal year of the award(if any)that OJ P makes based on the application described above, the applicant unit of local government Wit maintain and report such data,records,and information(programmatic and financial), as OJP may reasonably require_ 5. 1 certify that—(a)the programs to be funded by.he award(if any'y that OJP makes based on the application described above meet all the requirements of the JAG Program statute(42 U.S.C.§§3750-3758)-,(b)all the information contained in that application is correct.(c)in connection with that applicabon,there has been appropriate coordination with affected agencies;and(d}in connection with that award(if any),the applicant unit of local go,vernment will comply with all provisions of the JAG Program statute and all other applicable federal laws. 7. 1 have examined certif cation entitled"Slate or Local Goyernment. FY'2017 Cerb5cation of Compliance with 8 U.S.C.§1373'executed by the chief legal officer of the applicant government with respect to the FY 2017 JAG program and submitted m support of the applicaWn described above,and I hereby adopt that certification as rryy own on behaff of that emmem. 'm that emme I acknowledge that a rn en lly false,15 ous,or fraudulent statement(or concealment or omission of a material fact) ti r on t in this certification,or in e pplication t it'sup9crts,may be the subject,of criminal prosecution(including under 18 42 U.S.C.§§1001 ai for andlor 422 C.§3795a.),arid also may subject me and the applicant unit of local government to civ I pe alb and admini alive remedies for false dairns or otherwise(including under 31 U.S.C. so _, 3722-:1-3730 and 5� 18 1-3"121, 1 also a 'nowledge that O-IF awards,including certifications provided in connection r '. _ . I with such awards, re ect to review y LSDOJ.including by OJ 0 and by the USDOJ Office of the Inspector General. 0--- �\ z-1\�a, Signature of Chie� Executive of the Appl4ant Unit of Date of Cerbfication Local Goverriment VNIIV,Lc Tide of Chief Execulive Printed Name of Chief Executive Name of Applicant Unit of Local Government 36 BJA-2017-11301 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS State or Local Government: FY 2017 Certification of Compliance with 8 U.S.C. § 1373 On behalf of the applicant government entity named below, and in support of its application, I certify under penalty of perjury to the Office of Justice Programs("OJP"), U.S. Department of Justice("USDOX),that all of the following are true and correct: (1) 1 am the chief legal officer of the State or local government of which the applicant entity named below is a part("the jurisdiction"), and I have the authority to make this certification on behalf of the jurisdiction and the applicant entity(that is,the entity applying directly to OJP). I understand that OJP will rely upon this certification as a material representation in any decision to make an award to the applicant entity. (2) 1 have carefully reviewed 8 U.S.C. § 1373(a)and(b), including the prohibitions on certain actions by State and local government entities, -agencies, and-officials regarding information on citizenship and immigration status. I also have reviewed the provisions set out at(or referenced in)8 U.S.C. § 1551 note("Abolition ... and Transfer of Functions"), pursuant to which references to the"Immigration and Naturalization Service" in 8 U.S.C. § 1373 are to be read, as a legal matter,as references to particular components of the U.S. Department of Homeland Security. (3)1(and also the applicant entity) understand that the U.S. Department of Justice will require States and local governments(and agencies or other entities thereof)to comply with 8 U.S.C. § 1373, with respect to any"program or activity'funded in whole or in part with the federal financial assistance provided through the FY 2017 OJP program under which this certification is being submitted("the FY 2017 OJP Program"identified below), specifically including any such"program or activity"of a governmental entity or-agency that is a subrecipient(at any tier)of funds under the FY 2017 OJP Program. (4)1 (and also the applicant entity)understand that, for purposes of this certification, "program or activity'means what it means under title VI of the Civil Rights Act of 1964(see 42 U.S.C. §2000d-4a), and that terms used in this certification that are defined in 8 U.S.C. § 1101 mean what they mean under that section 1101, except that the term "State"also shall include American Samoa(cf. 42 U.S.C. §901(a)(2)). Also, I understand that, for purposes of this certification, neither a"public"institution of higher education (i.e., one that is owned, controlled, or directly funded by a State or local government) nor an Indian tribe is considered a State or local government entity or-agency. (5) 1 have conducted(or caused to be conducted for me)a diligent inquiry and review concerning both— (a) the"program or activity"to be funded(in whole or in part)with the federal financial assistance sought by the applicant entity under this FY 2017 OJP Program; and (b) any prohibitions or restrictions potentially applicable to the"program or activity'sought to be funded under the FY 2017 OJP Program that deal with sending to, requesting or receiving from, maintaining, or exchanging information of the types described in 8 U.S.C. § 1373(a)or(b), whether imposed by a State or local government entity, -agency, or-official. (6) As of the date of this certification, neither the jurisdiction nor any entity, agency, or official of the jurisdiction has in effect, purports to have in effect, or is subject to or bound by, any prohibition or any restriction that would apply to the"program or activity'to be funded in whole or in part under the FY 2017 OJP Program (which, for the specific purpose of this paragraph 6,shall not be understood to include any such "program or activity'of any subrecipient at any tier), and that deals with either—(1)a government entity or-official sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. § 1373(a);or(2)a government entity or-agency sending to, requesting or receiving from, maintaining, or exchanging information of the types(and with respect to the entities)described in 8 U.S.C. § 1373(b). I acknowledge that a materially false, fictitious, or fraudulent statement(or concealment or omission of a material fact)in this certification, or in the application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 42 U.S.C. §3795a), and also may subject me and the applicant entity to civil penalties and administrative remedies for false claims or otherwise(including under 31 U.S.C. §§3729-3730 and§§3801-3812). 1 also acknowledge that OJ ds, including certifications provided in connection with such awards, are subject to review by USDOJ, including by OJ db the USDOJ Office of the Inspector General. Signature of Chief Legal OfficEk o the Jurisdiction Printed Name of Chief Legal Officer Date of Certificati n Title of Chief Legal Officer of the Jurisdiction Name of Applicant Government Entity(i.e., the applicant to the FY 2017 OJP Program identified below) FY2017 OJP Program: Byrne Justice Assistance Grant ("JAG') Program