HomeMy WebLinkAboutJAG 2017 RESOLUTION NO. 2017-R- b
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 thi*21 _day of 2017, by the Common Council of
the City of Jeffersonville, Clark County. Indian .
VOT VOTED AGAINST:
V
Coun•il 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
2017
Vi i Conlin, Cl rk
This Resolution approved and signed by me this y f 2017
Mike roore, Mayor
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.37S1(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
u'..,--
City Council President o ty Commi President
Town 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,.lstice Assistance Grant Program
FY 2017 Local Solicitation
Certifications and Assurances
by the Chief Executive of the Applicant Government
On behalf of the applicant unit.&10-031 government named below,in support of that k>cat fiy s application for an award
under the FY 2217 Edward Byrne Justice Assistance Grant k"JAG'l Program,and further to 42 U.S.C-§3752(a), I
certify under penalty of perjury to the Office of Justine Programs f,*OjF-),U.S.Department of Justice(-USDOJ-),that
all of the following are true and correct
1. 1 am the chief executive of the applicant unit of local gavernment named beiuw,and I have the auffiority to make
the following representations or my own behalf and on behalf of:he applicant unit of local government. I
understand that these representations will be retied 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 arty)that OJP makes based on the application
described above will be used to supplant local funds,but will be used to increase the amounts of such funds that
woud.in 9,ee absence of federal finds,be made available for law enforcement activities.
3. 1 assure that the application described above(and any amendment to that application)was submitted for review
to the governing body of the unit of local government(e.g,,city council or county commission),of to an organization
designated by that governing body,not less than 30 days before the date of this certification.
4. l assure that,before the date of this certification—f'a l,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 community-based organizations.to the extent applicable law or
established procedure made such an opportu nr:y available.
5.
vailable-
5. 1 assure that,for each fiscal year of the award(if any)that OJP makes based on the application-described above,
the applicant unit of local government will maintain and report such data,records,and information(programmatic
and financial). as OJP may reasonably require.
6. 1 certify that—(aj the programs to be funded by the award(if any)that OJP makes based on the application
described above meet all the requirements of the JAG Program statute(42 U.S.C.%3750-3758)'fb)all the
information contained in that application is correct,(c)in connection with that application,there has been appropriate
coordination with affected agenc-tes-1 and(d)in connection with that award(if any),the applicant unit of local
government will comply with all pravisions of the JAG Program statute and all other applicable federal laws.
7. 1 have examined certfioation entitled"State or Local Government: FY 2017 Cerb5caticin of Compliance with 8
U.S.C.§1373"executed by the chief legal officer of the applicant government with resp-ect to the FY 2017 JAG
program and submitted in suppor,of the application described above,and I hereby adopt that certification as my
own on behalf of that emmem.
I acknowledge that a en lly false,ii ous,or fraudulent ulent statement(or concealment or omission of a material fact)
a
that
em
"Y m
false,e
or s ous 0 fra Lid u"n,
U�-`ts,m.)
-I-05a I'a_
1-m ec.5
a OJP
eog- that
0
.d
of
in this certification,or in e pplication t it'supports,may be the subject of criminal prosecution(including under 18
U.3,C-% 1001 ai 'or 132 and�or 42 S.C.§3795al,and also may subject me and 11-te applicant unit of local
government to civ I pe aliq and admini, alive remedies'or false claims or otherwise(including under 31 U-S.C.55
r
3721V-3730 and§� 8 1-3 12), 1 also a -nowledge that 0JP awards,including cerificatons provided in connection
re Ject review
ew
with such awards, re ect to review y USDOJ,including by OJ�l and by the USDOJ Office of the Inspector
General.
ecubv.cf.h.Apo. ant U
re of Chiel Executive of the Date of Cert ificahcin
Local Govemment
I
014 Q 0 Tide of Chief Executive
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("USDOJ"),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 d b the USDOJ Office of the Inspector General.
Signature of Chief Legal Offic o the Jurisdiction Printed Name of Chief Legal Officer
Date of Certificati n Title of Chief Legal O icer of the Jurisdiction
Name of Applicant Government Entity(i.e., the applicant to the FY 2017 OJP Program identified below)
FY2017OJP Program: Byrne Justice Assistance Grant ("JAG") Program