Contract - 05-31-2016 - 8011 - 2016 Byrne Justice Grant 2016-H2809-WA-DJ.AS -8011
BOCC Agenda
Meeting Date: 05/31/2016
2016 Byrne Justice Grant 2016- H2809 -WA -DJ
Submitted For: Mark Nelson, Sheriff
Department: Sheriff
Subject and Summary Statement
Motion Items
Submitted By: Marc Gilchrist, Sheriff
Information
4.
The City of Longview annually applies for a Byrne Justice Assistance Grant (JAG) for the purpose of
supporting the Longview Police Department School Resource Officer Program. Cowlitz County can be a
sub - recipient. The total 2016 grant amount is $16,389. If Cowlitz County participated the amount the
Sheriff's Office would receive would be some fraction of the total grant amount. The Sheriff's Office feels
that in 2016 it would not be able to implement a program that complied with the grant requirements.
Therefore it is recommended that Cowlitz County not participate in 2016 and to allow the City of
Longview to use the Cowlitz County portion of the grant in support of their School Resource Officer
program.
Will Staff Attend Y / N
Yes
Department Recommendation
The Cowlitz County Sheriffs Office recommends approval of the Interlocal Agreement between the City
of Longview, Washington and the County of Cowlitz, Washington 2016 Byrne Justice Assistance Grant
JAG) Program Award.
Expenditure Required $: 0
Budget Sufficient Y -N:
Amendment Required Y -N:
Source of Funds - Fund /Dept.
Grant Y -N:
Byrne JAG Grant MOU
Inbox Reviewed By
Sheriff Mark Nelson
Doug Jensen Doug Jensen
Dana Gigler Dana Gigler
Financial Management Claire Hauge
Clerk of the Board Tiffany Ostreim
Form Started By: Marc Gilchrist
Final Approval Date: 05/31/2016
Fiscal Impact
Attachments
Form Review
Date
05/19/2016 12:12 PM
05/26/2016 04:17 PM
05/27/2016 02:46 PM
05/2712016 02:47 PM
05/31/2016 08:26 AM
Started On: 05/19/2016 11:11 AM
GMS APPLICATION NUMBER: 2016- H2809 -WA -DJ
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF LONGVIEW, WASHINGTON AND THE COUNTY OF
COWLITZ, WASHINGTON
2016 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
This Agreement is made and entered into this 31 st day of May, 2016, by and between The
COUNTY of Cowlitz, acting by and through its governing body, the Board of County
Commissioners, hereinafter referred to as COUNTY, and the CITY of LONGVIEW, acting by
and through its City Manager after approval by the City Council, hereinafter referred to as CITY,
both of Cowlitz County, State of Washington, (together the "Parties "), witnesseth:
WHEREAS, this Agreement is made under the authority of RCW chapter 39.34; 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 all 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 of LONGVIEW (acting as the Lead applicant) agrees to provide the
COUNTY the sum of $0; and
WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG
funds by providing the COUNTY with the aforesaid sum of $0, and the CITY OF LONGVIEW
will retain the sum of $16,389, for the CITY of LONGVIEW'S School Resource Officer program.
NOW THEREFORE, the COUNTY and CITIES agree as follows:
Section 1.
CITY of LONGVIEW agrees to pay COUNTY a total of $0, of JAG funds, from the 2016
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) LOCAL
PROGRAM AWARD (the "Program Award "), and retain the balance of $16,389, for its sole
authority use.
Section 2.
CITY of LONGVIEW agrees to use the funds allocated to it for law enforcement programs until
the end of the grant period.
Section 3.
The performance of the obligations of this Agreement shall be in compliance with the provisions
of RCW 39.34, the Interlocal Cooperation Act. The Parties agree that no separate legal
administrative entities are necessary in order to carry out this Agreement. All parties to this
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GMS APPLICATION NUMBER: 2016- H2809 -WA -DJ
Agreement agree to the use of the funds in accordance with the terms of the Program Award and
provide any such necessary documentation of such compliance to the CITY of LONGVIEW for
purposes of reporting to the awarding agency, if any. There shall be no "joint board" as that term
is used in RCW 39.34.030(4)(a).
Section 4.
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 Chapter 4.96 RCW.
Section 5.
Nothing in the performance of this Agreement shall impose any liability for claims against the
CITY other than claims for which liability may be imposed by Chapter 4.96 RCW.
Section 6.
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 any other party.
Section 7.
This Agreement is the entire agreement between the parties and shall not be modified or
amended in any manner except by an instrument in writing executed by the Parties. No prior
agreement, correspondence, or portions thereof shall be used to interpret, modify, or explain the
terms of the Agreement in the event that a dispute arises with respect to the Agreement.
Section 8.
The parties agree to complete and execute all supplemental documents necessary or appropriate
to fully implement the terms of this Agreement.
Section 9.
No party shall assign this Agreement, or any part hereof, without the written consent of the other
Parties. The Agreement shall inure to the benefit of and be binding upon the Parties and their
successors and permitted assigns.
Section 10.
This Agreement shall be construed in accordance with the laws of the State of Washington.
Venue for any dispute related to the Agreement shall be Cowlitz County, Washington.
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GMS APPLICATION NUMBER: 2016- H2809 -WA -DJ
Section 11.
If a court of law determines any provision of the Agreement to be unenforceable or invalid, the
parties hereto agree that all other portions of this Agreement shall remain valid and enforceable.
Section 12.
This Agreement is made and entered into for the sole protection and benefit of the parties and
their successors and permitted assigns. No other person or entity shall have any right of action or
interest in this Agreement based upon any provision of the Agreement.
Section 13.
All communications, notices and demands of any kind which any party requires or desires to
give to any of the other parties shall be in writing and either served on the following
individual(s) or deposited in the U.S. Mail, certified mail, postage prepaid, return receipt
requested, and addressed as follows:
If to Longview: David Campbell, City Manager
City of Longview
1525 Broadway
Longview, WA 98632
Copy to:
James McNamara, City Attorney
1525 Broadway
Longview, WA 98632
If to Cowlitz County: Board of County Commissioners
County Administration Building, Room 300
207 North 4th Ave, Room 305
Kelso, WA 98626
Copy to:
Claire J. Hauge, OFM Director
Office of Financial Management
207 North 4th Avenue, room 308
Kelso, WA 98626
Copy to:
Chief Civil Deputy
Cowlitz County Prosecuting Attorney
312 South 15t Ave West
Kelso, WA 98626
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GMS APPLICATION NUMBER: 2016- H2809 -WA -DJ
Section 14.
All Parties shall comply with all applicable federal, state and local laws, regulations and rules in
performing this Agreement.
Section 15.
This Agreement may be executed in multiple counterparts, each of which shall be deemed an
original, but all of which, together, shall constitute on and the same instrument.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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GMS APPLICATION NUMBER: 2016- H2809 -WA -DJ
CITY OF LONGVIEW, WASHINGTON
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David Campbell, Cit anager
ATTEST:
City Clerk
APPROVED AS TO FORM:
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J es M a ara, City Attorney
COUNTY OF COWLITZ, WASHINGTON
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Michael A. Karnofski, Chairman
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Dennis Weber, Commissioner
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ATTEST: '' cour ry
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Clerk the Bo d'
APPROVED AS TO FORM:
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