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 1 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. 2 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 3 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 El GMS APPLICATION NUMBER: 2016- H2809 -WA -DJ CITY OF LONGVIEW, WASHINGTON Z David Campbell, Cit anager ATTEST: City Clerk APPROVED AS TO FORM: w. c J es M a ara, City Attorney COUNTY OF COWLITZ, WASHINGTON OF Michael A. Karnofski, Chairman J Dennis Weber, Commissioner loe Gardner, Commissioner ATTEST: '' cour ry LL <„ . v'ShIPJC;TON 1 Cry f IN Clerk the Bo d' APPROVED AS TO FORM: Rio jued vim- Aq -edcL D.0 . u Pr secuting Attorney S '-A7 -1 P