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HomeMy WebLinkAbout2009-8-7600ORDINANCE NO. 2009-8-7600 AN ORDINANCE APPROVING THE EXECUTION OF AN AGREEMENT TO OBTAIN A 2009 RECOVERY ACT JUSTICE ACCOUNTABILITY GRANT THROUGH THE U.S. DEPARTMENT OF JUSTICE, AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009, IN AN AMOUNT UP TO $149,527, TO BE USED BY THE PADUCAH POLICE DEPARTMENT AND MCCRACKEN COUNTY SHERIFF'S DEPARTMENT, AND FURTHER, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH MCCRACKEN COUNTY FOR SAID GRANT BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah hereby approves the execution of an agreement to obtain a 2009 Recovery Act Justice Accountability Grant through the U.S. Department of Justice, American Recovery and Reinvestment Act of 2009, in an amount up to $149,527, to be used by the Paducah Police Department and McCracken County Sheriff's Department. The funds will be allocated 57% ($85,221) to the City Police Department and 43% ($64,306) to the McCracken County Sheriff s Department based on 911 -call volume. No local match is required. SECTION 2. The City of Paducah hereby accepts and agrees to administer the funds in an amount up to $149,527, as approved in Section 1 above. SECTION 3. The Mayor is hereby authorized to execute an Interlocal Agreement between the City of Paducah and McCracken County to act as the legal recipient and fiscal agent for the JAG funds and to disburse a total of $64,306 of the JAG funds to McCracken County. SECTION 4. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: Jaor��. vy %G � Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, August 4, 2009 Adopted by the Board of Commissioners, August 11, 2009 Recorded by Tammara S. Brock, City Clerk, August 11, 2009 Published by the Paducah Sun, August 17, 2009 \ord\plan\grant\police — 2009 Justice Assistance Recovery Act INTERLOCAL AGREEMENT FOR ACCEPTANCE AND ADMINISTRATION OF A RECOVERY ACT JUSTICE ASSISTANCE GRANT (JAG) AWARD THIS AGREEMENT, made and entered into on this le day of April, 2009 hereinbelow, as evidenced by the dates executed by the parties, with an effective date of October 1, 2009, by and between the City of Paducah, Kentucky, a municipality and political subdivision validly existing under the constitution, statutes, and laws of the Commonwealth of Kentucky, acting by and through its duly authorized Mayor, hereinafter called "City"; and the County of McCracken, a County and political subdivision validly existing under the constitution, statutes, and laws of the Commonwealth of Kentucky, hereinafter called "County". WITNESSETH: WHEREAS, the governing bodies of the City and County pursuant to the Kentucky Revised Statutes, Section 65.210 et seq., have the power to enter into agreements in order to provide for the use of property on the basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and, WHEREAS, the City and County have previously determined, and hereby further determine, that all parties are in need of a U.S. Bureau of Justice Recovery Act JAG Award, as defined herein; and, WHEREAS, the governing bodies of the City and County hereby determine that it is in the best interests of the citizens and residents of McCracken County that these entities enter into this Agreement to accept and administer a JAG Award in the amount of $149,527 offered by the U.S. Bureau of Justice; and, WHEREAS, the execution, delivery, and performance of this Agreement have been authorized, approved, and directed by the governing bodies of the City and County by an ordinance or resolution formally passed and adopted by the governing bodies of the City and County. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: ARTICLE I: PURPOSE FOR THIS AGREEMENT It is necessary for the efficient and consistent administration of the $149,527 JAG Award that the individual, specific, and special needs of each of the parties hereto be considered and that the award be used in a manner that best responds to the needs of those parties and the general public. ARTICLE II: DEFINITIONS All words and phrases will have the meanings specified below unless the context clearly requires otherwise. "Agreement" means this Interlocal Agreement Regarding Acceptance and Administration of a Recovery Act Justice Assistance Grant (JAG) Award and any amendments or supplements hereto entered into in accordance with the provisions hereof, including the exhibits attached hereto. "City" means the City of Paducah, Kentucky, or any successor thereto acting by and through this Agreement "County" means the County of McCracken, Kentucky, or any successor thereto acting by and through this Agreement. "Fiscal Year" means the period from and including July 1 through and including the next June 30. "Term" means the term of this Agreement as determined pursuant to Article IV hereof. ARTICLE III: REPRESENTATIONS, COVENANTS AND WARRANTIES Section 3.1. Representations. Covenants and Warranties of the County. The County represents, covenants and warrants for the benefit of the remaining parties hereto as follows: (a) The County is a county and political subdivision, validity organized and existing in good standing under the laws of the Commonwealth of Kentucky, has full power and authority to enter into and perform its obligations under this Agreement, and has duly taken the necessary acts required prior to (including all required approvals) the execution and delivery of this Agreement. The County warrants this Agreement to be a valid, legal and binding obligation of the County, enforceable against it in accordance with its terms. (b) Neither the execution and delivery of this Agreement nor the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions hereof conflicts with or results in a breach of the terms, conditions, or provisions of any restriction or any agreement or instrument to which the County is now a party or by which the County is bound, or constitutes a default under any of the foregoing, or conflicts with or results in a violation of any provision of law or regulation applicable to the County or results in the creation or imposition of any lien or encumbrance whatsoever upon the property or assets of the County or City (except for any purchase money security interests); and no representation, covenant and warranty herein is false, misleading or erroneous in any material respect. (c) To the best of County's knowledge and belief, there is no action, suit, proceeding, inquiry, or investigation, at law or in equity, before or by any court, public board or body, pending or known to be threatened against or affecting the County nor to the best of the knowledge of the County is there any basis therefore, wherein an unfavorable decision, ruling, or finding would materially and adversely affect the transactions contemplated by this Agreement or which would adversely affect, in any way, the validity or enforceability of this Agreement or any material agreement or instrument to -- which the County is a party, used or contemplated for use in the consummation of the transactions contemplated hereby, or the authority or ability of the County to perform its obligations hereunder or thereunder. (d) The Project is in furtherance of the County's governmental purposes, serves a public purpose and is in the best interests of the residents of the County and at the time of the execution and delivery of the Agreement, the County intends to annually appropriate its share of funding for the project as set forth in Articles V an VI. Section 3.2. Representations. Covenants and Warranties of City. The City represents, covenants and warrants for the benefit of the remaining parties hereto as follows: (a) The City is a municipality and political subdivision, validity organized and existing in good standing under the laws of the Commonwealth of Kentucky, has full power and authority to enter into and to perform its obligations under this Agreement, and has duly taken the necessary acts required prior to (including all required approvals) the execution and delivery of this Agreement. The City warrants this Agreement to be a valid, legal and binding obligation of the City, enforceable against the City in accordance with its terms. (b) Neither the execution and delivery of this Agreement nor the consummation of the transactions contemplated hereby, nor the Ufilhnent of or compliance with the terms and conditions hereof conflicts with or results in a breach of the terms, conditions, or provisions of any restriction or any agreement or instrument to which the City is now a party or by which the City is bound, or constitutes a default under any of the foregoing, or conflicts with or results in a violation of any provision of law or regulation applicable to the City or results in the creation or imposition of any lien or encumbrance whatsoever upon the property or assets of the County or City (except for any purchase money security interests); and no representation, covenant and warranty herein is false, misleading or erroneous in any material respect. (c) To the best of City's knowledge and belief, there is no action, suit, proceeding, inquiry, or investigation, at law or in equity, before or by any court, public board or body, pending or known to be threatened against or affecting the City nor to the best of the knowledge of the City is there any basis therefore, wherein an unfavorable decision, ruling, or funding would materially and adversely affect the transactions contemplated by this Agreement or which would adversely affect, in any way, the validity or enforceability of this Agreement or any material agreement or instrument to which the City is a party, used or contemplated for use in the consummation of the transactions contemplated hereby, or the authority or ability of the City to perform its obligations hereunder or thereunder. (d) The acquisition, construction, and installation of the Project, under the terms and conditions set forth in this Agreement, are in furtherance of the City's governmental purposes, serve a public purpose and are in the best interests of the residents of the City and at the time of the execution and delivery of the Agreement, the City intends to annually appropriate its share of funding for the project as set forth in Articles V and VI. ARTICLE IV: TERM Section 4.1. Duration of Agreement Term: Right to Terminate. The term of this Agreement shall be that of the JAG Award, a two (2) year period beginning October 1, 2009, and ending September 20, 2011 unless terminated by any party hereto. Any party hereto shall have the right to terminate this Agreement by giving notice, in writing, to the other parties no less than sixty (60) days prior to the termination date sought. The voluntary withdrawal and termination of any party shall not terminate this agreement as to the other parties, provided, however, that the withdrawing party shall have no further duties or obligations or be entitled to benefits, therefrom, following the effective date of withdrawal and termination. ARTICLE V: ALLOCATION OF FUNDING Article 5.1. The City and the County agree to divide the $149,527 JAG Award to the only local law enforcement agencies, the City of Paducah Police Department and the McCracken County Sheriff's Department on the basis of 911 call volume to each agency. On that basis, the City and the County agreed to provide an allocation of $85,221 (571/o) to the Police Department and $64,306 (43%) to the Sheriff's Department to be used exclusively for the purchase of grant -allowable items of equipment. ARTICLE VI: ADMINSTRATION Article 6.1. The City and the County agree that the City shall administer the JAG Award for both parties and act as the lead agency, fiscal agent, and primary administrator. As such the City shall make all equipment purchases, seek JAG Award funding reimbursements, file quarterly narrative, fiscal reports and other reports as necessary including the final close out report. Article 6.2. The City and the County agree that each party shall be responsible for it's own administrative costs associated with the JAG Award. ARTICLE VII: ASSIGNMENT Article 7.1. Assignment. This Agreement may not be assigned by any party without the prior written consent of the remaining parties hereto. ARTICLE VIII. MISCELLANEOUS Article 8.1. Notices. All notices, certificates, requests or other communications hereunder will be sufficiently given and will be in writing and mailed (postage prepaid, and certified or registered with return receipt requested) or delivered (including delivery by courier services) as follows: City: City of Paducah Attn: Mayor or City Manager 300 South 5t' Street P.O. BOX 2267 Paducah, KY 42002-2267 County: County of McCracken Attn: County Judge Executive McCracken County Courthouse Paducah, KY 42003-1700 Any of the foregoing may, by notice given hereunder to the other, designate any further or different addresses to which subsequent notices, certificates, requests or other communications will be sent hereunder. All notices, certificates, requests and other communications pursuant to this Agreement will be effective when received (if given by mail) or when delivered (if given by delivery). Further, in the event of a change in personnel to any party/officer hereto, the presumption shall be that, unless the other parties are notified, in writing, the successor to that position shall be the authorized representative and shall be bound by this Agreement. Article 8.2. Amendment & Changes and Modifications. Except as specifically provided in this Agreement, this Agreement may not be amended, changed, modified or altered, or any provision hereof waived, without the written consent of all parties hereto. Article 8.3. Severability. In the event that any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, such holding will not invalidate or render unenforceable any other provision hereof. Article 8.4. Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which will be an original and all of which will constitute but one and the same instrument. Article 8.5. Applicable Law. This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. Article 8.6. Captions. The captions or headings herein are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement. Article 8.7. Binding Effect. This Agreement will inure to the benefit of and will be binding upon the parties hereto and their respective successors and assigns (including, without limitation, security assigns), subject, however, to the limitations contained in this Agreement. Article 8.8. Entire Agreement. This Agreement and all exhibits attached hereto shall constitute the entire agreement of the parties hereto and any prior agreement of the parties hereto relating to the Project, whether written or oral, is merged herein and shall be of no separate force and effect. Article 8.9 Mutual Negotiation. This Agreement and the language contained herein have been arrived at by the mutual negotiation of the parties. Accordingly, no provision hereof shall be construed against one party in favor of another party merely by reason of draftsmanship. Article 8.10 Waiver. No action or failure to act by one or more of the parties hereto shall constitute a waiver of a right or duty afforded it/him under the contract, nor shall such action or failure to act constitute approval or acquiescence of or in a breach hereunder. IN WITNESS WHEREOF, the parties have executed the Agreement by and through their duly authorized representatives as of the day and year first above written. CITY OF PADUCAH, KENTUCKY By: Mayor William F. Paxton Date executed: April 14, 2009 _ ATTEST: City Clerk Tammy Brock Date executed: MCCRACKEN COUNTY, KENTUCKY Judge Executive Van E. Newberry Date executed: April 14, 2009 ATTEST: Fiscal Court Clerk Jeff Jerrell Date executed: HAVE SEEN AND CONSENT TO FORM FOR EXECUTION: IM Andrew Hartley, Representative Department of Local Government Date executed: Municipal Order: 1449 City Project Number: PO0047 Account Number: 040-1616-521.23-07 CFDA: 16.804 DOJ Application 2009-F68690KY-SB DOJ Project: 2009 -SB -B9-1734