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HomeMy WebLinkAbout11-0110 U-46 COPS Grant °lice COPS GRANT AWARD INTERGOVERNMENTAL AGREEMENT ?al THIS AGREEMENT is hereby made and entered into this /a day of 1/1 2Mg, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City"), and the Illinois Board of Education District U-46 (hereinafter referred to as "U-46"). WHEREAS, the parties hereto have applied for and received a grant from the U.S. Department of Justice, Office of Community Oriented Policing Services ("COPS"); and WHEREAS, the parties hereto wish to provide for the efficient, orderly and effective application of funds received by the parties hereto pursuant to the aforementioned COPS grant. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. The above recitals are hereby incorporated into and made a part of this Agreement as if fully recited herein. 2. The City and U-46 shall utilize federal funds pursuant to the aforementioned COPS grant and shall match such funds on a one-to-one basis to purchase certain goods as follows: CITY: Cost per Federal Equipment Qty Unit Total City Share Grant Share Laptop computers 6 $1,500 $9,000 $4,500 $4,500 Breathalyzers 7 $500 $3,500 $1,750 $1,750 Total: $12,500 $6,250 $6,250 U46: Cost per Federal Equipment Qty Unit Total U-46 Share Grant Share Camera system 4 $50,000 $200,000 $100,000 $100,000 Card key access 41 $5,000 $205,000 $102,500 $102,500 system Portable AEDs 8 $1,500 $12,000 $6,000 $6,000 Two-way radios 72 $400 $28,800 $14,400 $14,400 Total: $445,800 $222,900 $222,900 3. The parties hereto each agree to comply with all applicable state and federal laws relative to the use, securty, dissemination and retention/destruction of records. 4. This Agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto. 5. Neither party hereto shall be entitled to monetary damages arising out of or in connection with the performance of or failure to perform this Agreement. 6. Each party hereto shall assign at least one (1) person to participate in a school safety advisory task force meeting three (3) times per calendar year, subject to the operational needs of the City and U-46. 7. Either party hereto may terminate this Agreement upon fifteen (15) days written notice,without liability. 8. This Agreement is the only agreement between the parties hereto regarding the subject matter hereof. There are no other agreements, either oral or implied, between the parties hereto regarding the subject matter hereof. 9. The terms of this Agreement shall be severable. In the event any of the terms or the provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the reminder of this Agreement shall remain in full force and effect. 10. This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes for the enforcement of any rights arising out of or in connection with this Agreement shall be in the Circuit Court of Kane County, Illinois. 11. Each party hereto shall be responsible for the delivery and installation of any goods obtained by that party pursuant to this Agreement. 12. Each party hereto shall hold harmless and indemnify the other party from and against any and all claims for damages, suits, causes of action or any and all other liability of whatsoever nature and in whatsoever forum, excluding attorneys' fees, arising out of or in connection with the indemnifying party's negligent acts or omissions. 13. Unless otherwise terminated by either party hereto, this Agreement shall terminate on September 1, 2013. 14. City shall administer all funds provided by COPS pursuant to this Agreement. U- 46 shall provide all receipts, invoices and/or vouchers to City for any goods or services obtained by U-46 which are eligible for funds pursuant to the aforementioned COPS grant program. City shall submit such receipts, invoices and/or vouchers to COPS, and shall submit any such receipts, invoices and/or vouchers of City to COPS for reimbursement. Upon obtaining funds from COPS, City shall distribute payment to itself and to U-46 as may be appropriate pursuant to the terms and intent of this Agreement. 15. The COPS Secure Our Schools grant is a reimbursement grant. Purchases of goods and services are made before reimbursement is requested. This Agreement shall not be -2- construed so as to require either party hereto to appropriate funds or to purchase any items provided for herein. IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement effective as of the date and year first written above. CITY OF ELG By: Aewa, ilk", Sean R. Stegall, City Manag BOARD OF EDUCATION DISTRICT U-46 By: • ori%-ti• Name/P A J-se• /0. 7a it as Title: S,/per..,-r-etc&.i (:\legal dept\agreement\intergovemmental agr-cops grant award-revision.doc -3-