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HomeMy WebLinkAboutApproving the Interlocal Agreements Concerning 2005 Byrne Justice Assistance Grant (JAG) Program AwardFiRmil RESOLUTION 3450 -05 Passed by the Common Council of the City of South Bend, Indiana April 25, 05 20_. Presented by me to the Mayor of the City of South Bend, Indiana April 26, 20 05 Approved and signed by me April 27, City Clerk President of Common Council 05 20 _ . City Clerk RESOLUTION NO. S� Se -05, A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE INTERLOCAL AGREEMENT CONCERNING THE 2005 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD WHEREAS, the City of South Bend, Indiana, (South Bend) wishes to apply for a grant from the Justice Department under its 2005 Byrne Justice Assistance Grant (JAG) Program in the amount of $97,265.00; and WHEREAS, the County of St. Joseph, Indiana, (St. Joseph) wishes to apply for a JAG grant from the Justice Department in the amount of $43,769.25; and WHEREAS, the City of Mishawaka, Indiana, (Mishawaka) wishes to apply for a JAG grant from the Justice Department in the amount of $53,495.75; and WHEREAS, it is mutually beneficial that a single entity apply for these grants; and WHEREAS, the parties agree that of the monies received: St. Joseph agrees to use $43,769.25 from the JAG award for the Forensic and Laptop Program prior to May 31, 2009. Mishawaka agrees to use $53,495.75 from the JAG award for the Security and Officer Safety Programs prior to May 31, 2009. South Bend agrees to use $97,265.00 from the JAG award for the Officer Safety and Technology Programs prior to May 31, 2009; and WHEREAS, the executives of the City of South Bend, the City of Mishawaka and the County of St. Joseph have each and all approved the interim Interlocal Agreement attached hereto; and WHEREAS, I.C. 36 -1 -7, the Interlocal Cooperation Act, authorizes one or more government entities to execute jointly, or by one entity on behalf of the other, powers that may be exercised by such severally. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, and pursuant to authority granted under I.C. 36 -1 -7 as follows: Section I. The Common Council of the City of South Bend has considered and hereby approves and ratifies the Interlocal Agreement Concerning the 2005 Byrne Justice Assistance Grant (JAG) Program Award attached hereto. Section II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and PRESENTED -0 5— NOT APPROVED !, ADOPTED y L" APR 2 0 200 JOHNV00RDE South Bend Cc INTERLOCAL AGREEMENT CONCERNING 2005 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD 1. This Agreement is between the City of South Bend (Hereinafter "South Bend "), Indiana, St. Joseph County (Hereinafter "St. Joseph "), Indiana, and the City of Mishawaka (Hereinafter "Mishawaka "), Indiana. 2. The purpose of this Agreement is to allow each of the parties to receive grant money from the Department of Justice for programs of that party's choice. 3. This Agreement shall remain in full force and effect until May 31, 2009. 4. This Agreement shall be administered through a Joint Board consisting of three members who shall be the President of the Board of County Commissioners of St. Joseph County, the Mayor of South Bend, and the Mayor of Mishawaka. Each member shall have the power to give a written power of attorney to any person for a particular meeting. 5. Pursuant to this Agreement, South Bend is in the process of applying on behalf of all parties for a JAG Grant in the amount of $194,530.00. If awarded, the money will be disbursed as follows: South Bend agrees to pay St. Joseph a total of $43,769.25 of JAG funds. South Bend agrees to pay Mishawaka a total of $53,495.75 of JAG funds. South Bend will use a total of $97,265.00 of JAG funds. 6. The parties agree that of the monies received: St. Joseph agrees to use $43,769.25 from the JAG award for the Forensic and Laptop Program prior to May 31, 2009. Mishawaka agrees to use $53,495.75 from the JAG award for the Security and Officer Safety Programs prior to May 31, 2009. South Bend agrees to use $97,265.00 from the JAG award for the Officer Safety and Technology Programs prior to May 31, 2009. Nothing in the performance of this Agreement shall impose any liability for claims against St. Joseph other than claims for which liability may be imposed upon St. Joseph by the Indiana Tort Claims Act. Nothing in the performance of this Agreement shall impose any liability for claims against South Bend other than claims for which liability may be imposed upon South Bend by the Indiana Tort Claims Act. Nothing in the performance of this Agreement shall impose any liability for claims against Mishawaka other than claims for which liability may be imposed upon Mishawaka by the Indiana Tort Claims Act. 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 another party. 9. The parties to this Agreement do not intend for any third party to obtain any right by virtue of this Agreement. 10. 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. 11. The Board shall meet at least once each calendar year. A meeting may be called by any member of the Board upon written notice to the other members at their respective offices forty -eight (48) hours in advance. It is necessary that each member or his designee be present to constitute a quorum. 12. The City Controller of the City of South Bend has the duty to receive, disburse and account for all monies generated under this Agreement. 13. The Board shall not acquire any property with the monies which may be given by the Department of Justice through a grant. Cities of South Bend, Indiana and Mishawaka, Indiana County of St. Joseph, Indiana Stephen J. Luecke Date Mayor, City of South Bend Jeffrey Rea Date Mayor, City of Mishawaka Cynthia Bodle Date County Commissioner St. Joseph County Mark Dobson Date County Commissioner St. Joseph County Steve Ross Date County Commissioner St. Joseph County Filed In Clerk's Office APR % (1 none JOHN VOORDE CITY CLERK, SO. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 05 -45 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE INTERLOCAL AGREEMENT CONCERNING THE 2005 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Roland Kelly Chairman