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11 - EDWARD BYRNE MEMORIAL 2016 JAG PROGRAM APPLICATIONItem No. 11 memorandum TO: City Council John Godwin, City Manager FROM: Bob Hundley, Chief of Police SUBJECT: EDWARD BYRNE MEMORIAL 2016 JAG PROGRAM APPLICATION DATE: July 7th, 2016 BACKGROUND: For the past several years, the US Department of Justice has made grant monies available for local law enforcement needs through the Edward Byrne Memorial Justice Assistance Grant Program. This grant is divided equally between the Paris Police Department and the Lamar County Sheriff's Office. The grant requires a public hearing along with an Interlocal agreement between the city of Paris and Lamar County. STATUS OF ISSUE: The city of Paris is the financial agent for the program. We have started the application process pending council and commissioner's court approval of the Interlocal agreement. For this year's application, $12,419.00 has been allocated by the DOJ for our use. The Sheriff's office intends to use the funds for video equipment for a patrol car and items for the jail. The police department intends to use the funds towards a totally portable cross band repeater for radio communications. BUDGET: There is no impact to the budget. All monies received through the grant will be spent for equipment budgeted in the grant. RECOMMENDATION: Conduct a public hearing and approve the inter -local agreement. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE APPLICATION FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM, GMS APPLICATION NUMBER 2016- H4548- TX -DJ; AUTHORIZING AN INTERLOCAL AGREEMENT WITH LAMAR COUNTY; AUTHORIZING THE EXPENDITURE OF FUNDS; ACCEPTING SAID GRANT AWARD UPON NOTICE THEREOF; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the United States Department of Justice, Bureau of Justice Assistance, Edward Byrne Memorial Justice Assistance Grant (JAG) Program, provides funding for local law enforcement grants; and, WHEREAS, the City of Paris and Lamar County have been notified of the availability of $12,408.50 in funding under said Grant Program, and it is deemed appropriate that the entities, having been certified as disparate jurisdictions, agree to make a joint application for the funds available in order to effectively comply with the intent of said program as set out in an Interlocal Agreement between the entities; and, WHEREAS, the City Council of the City of Paris is desirous of processing a grant application in the amount of $12,419.00 of which the City will retain 50% ($6209.00) of the JAG Grant funds to purchase a portable cross band repeater. This device will be used to connect radios from different agencies regardless of frequency or band. It is designed to be used in or out of a vehicle or any place 12 -volt power is available; and, WHEREAS, fifty percent 50% ($6,209.00) of the JAG Grant funds received will be paid over to Lamar County to be used for law enforcement purposes; and, WHEREAS, it is deemed to be in the best interest of the citizens of Paris that the City of Paris apply for said Grant for new equipment for the Police Department; and; WHEREAS, the City Council desires to authorize the Mayor, City Manager, and appropriate City staff to accept and implement said grant without further action of City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That an application be made to the United States Department of Justice, Bureau of Justice Assistance, for an Edward Byrne Memorial Justice Assistance Grant (JAG) Program, GMS Application Number 2016- H4548 -TX -DJ in the amount of $12,419.00 of which $6,209.50 of the funds will be retained by the City and $6,209.50 will be distributed to Lamar County. Section 3. That the City shall act as fiscal agent for this 2016 JAG Grant and shall disburse 50% of the grant funds received to Lamar County in accordance with the Interlocal Agreement attached hereto and incorporated herein by reference as Exhibit "A ". Section 4. That the City Manager be, and he is hereby, appointed as the Authorized Official of said project and is authorized and directed to execute, on behalf of the City of Paris, an application for said grant. Section 5. That the Chief of the Paris Police Department be, and he is hereby, appointed as Project Director and is hereby authorized and directed to execute and deliver, on behalf of the City of Paris, all reports, communications, assurances, and documents necessary for the completion of said project. Section 6. That the Director of Finance be, and he is hereby, authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for portable cross band repeater. Section 7. That the Mayor, City Manager, the Chief of the Paris Police Department, and the Finance Director be authorized and directed to execute, on behalf of the City of Paris, any and all documents necessary for acceptance and implementation of said grant upon notice of award thereof by the U. S. Department of Justice, and to execute and enter into an Interlocal Agreement with Lamar County for the division of the grant funds under the terms and conditions and in the forms approved by the City Attorney, and to proceed with use of said funds upon receipt thereof for the purposes stated herein and in accordance with the grant conditions. Section 8. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 25th day of July, 2016. Billie Sue Lancaster, Mayor Pro -Tem ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney APPLICATION NUMBER 2016- H4548 -TX -DJ THE STATE OF TEXAS COUNTY OF LAMAR KNOW ALL BY THESE PRESENT INTERLOCAL AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS, AND COUNTY OF LAMAR, TEXAS 2016 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 25th day of July, 2016, by and between the COUNTY OF LAMAR, acting by and through its governing body, the Commissioners Court, hereinafter referred to as COUNTY, and the CITY OF PARIS, acting by and through its governing body, the City Council, hereinafter referred to as CITY, both of Lamar County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority of Chapter 791, Texas Government Code; and, WHEREAS, each governing body, in performing governmental functions or in payingforthe 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 both 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 will make application for a 2016 Byrne Justice Assistance Grant on behalf of the City of Paris and Lamar County; and, WHEREAS, the CITY agrees to act as fiscal agent and to provide the COUNTY $6,209.50 from the JAG award for the 2016 Justice Assistance Grant Program; and, NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of $6,209.50 from the 2016 JAG Grant funds received. Section 2. COUNTY agrees to use the $6,209.50 for the Sheriff's department purchase of equipment for the patrol and jail divisions. 4artinn :_ 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 the Texas Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 5. 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 the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Neither party waives its Sovereign or Governmental Immunity by executing this Agreement. Cartinn 7_ 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. CITY OF PARIS, TEXAS Billie Sue Lancaster, Mayor Pro -Tem ATTEST: Janice Ellis, City Clerk K COUNTY OF LAMAR, TEXAS Chuck Superville, County Judge Russ Towers, County Clerk APPROVED AS TO FORM (Contract Authorization): Stephanie Harris, City Attorney Gary Young, District Attorney *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contracts or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s).