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2017-029 - Authorizing the Application for Justice Assistance Grant Program #2017-H2284-TX-DJRESOLUTION NO. 2017 -029 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 2017- H2284- 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 $11,039.00 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 $11,039.00 of which the City will retain 50% ($5,519.50) of the JAG Grant funds to purchase CID and Administration Computers; and, WHEREAS, fifty percent 50% ($5,519.50) of the JAG Grant funds received will be paid over to Lamar County to be used for Sheriff's Department purchase of communications equipment; 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 CID and Administration computers for the Police Department; and, WHEREAS, the City Council desires to authorize the Mayor, City Manager, City Attorney 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 2017 - 16.738 -TX -DJ in the amount of $11,039.00 of which $5,519.50 of the funds will be retained by the City and $5,519.50 will be distributed to Lamar County. Section 3. That the Interlocal Agreement between the City of Paris, Texas, and County of Lamar, Texas 2017 Byrne Justice Assistance Grant (JAG) Program award ( "Interlocal Agreement "), a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, be and is in all things approved. Section 4. That the City shall act as fiscal agent for this 2017 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 S. 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 6. 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 7. That the City Attorney be, and is hereby, authorized and directed to execute the Certificate of Compliance as the Chief Legal Officer of the Jurisdiction. Section 8. 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 9. That the Mayor, City Manager, City Attorney, 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 10. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 28th day of August, 2017. 1 V • • 1 Mayor D AS TO FORM: H. Hatris, City Attorney APPLICATION NUMBER 2017- H2284 -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 2017 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 28th day of August, 2017, 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 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 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 2017 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 $5,519.50 from the JAG award for the 2017 Justice Assistance Grant Program; and, NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of $5,519.50 from the 2017 JAG Grant funds received. Section 2. COUNTY agrees to use the $5,519.50 for the Sheriff's department purchase of communications equipment. Section 3. 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. Section 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 Steven J. Clifford, M.D., Mayor ATTEST: Janice Ellis, City Clerk 2 COUNTY OF LAMAR, TEXAS Chuck Superville, County Judge Ruth Sisson, 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). 3 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS State or Local Government: FY 2017 Certification of Compliance with 8 U.S.C. § 1373 On behalf of the applicant government entity named below, and in support of its application, I certify under penalty of perjury to the Office of Justice Programs ( "OJP "), U.S. Department of Justice ("USDOJ"), that all of the following are true and correct: (1) 1 am the chief legal officer of the State or local government of which the applicant entity named below is a part ( "the jurisdiction "), and I have the authority to make this certification on behalf of the jurisdiction and the applicant entity (that is, the entity applying directly to OJP). I understand that OJP will rely upon this certification as a material representation in any decision to make an award to the applicant entity. (2) 1 have carefully reviewed 8 U.S.C. § 1373(a) and (b), including the prohibitions on certain actions by State and local government entities, - agencies, and - officials regarding information on citizenship and immigration status. I also have reviewed the provisions set out at (or referenced in) 8 U.S.C. § 1551 note ( "Abolition ... and Transfer of Functions "), pursuant to which references to the "Immigration and Naturalization Service" in 8 U.S.C. § 1373 are to be read, as a legal matter, as references to particular components of the U.S. Department of Homeland Security. (3) 1 (and also the applicant entity) understand that the U.S. Department of Justice will require States and local governments (and agencies or other entities thereof) to comply with 8 U.S.C. § 1373, with respect to any "program or activity" funded in whole or in part with the federal financial assistance provided through the FY 2017 OJP program under which this certification is being submitted ( "the FY 2017 OJP Program" identified below), specifically including any such "program or activity" of a governmental entity or - agency that is a subrecipient (at any tier) of funds under the FY 2017 OJP Program. (4) 1 (and also the applicant entity) understand that, for purposes of this certification, "program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. § 2000d -4a), and that terms used in this certification that are defined in 8 U.S.C. § 1101 mean what they mean under that section 1101, except that the term "State" also shall include American Samoa (cf. 42 U.S.C. § 901(a)(2)). Also, I understand that, for purposes of this certification, neither a "public" institution of higher education (i.e., one that is owned, controlled, or directly funded by a State or local government) nor an Indian tribe is considered a State or local government entity or - agency. (5) 1 have conducted (or caused to be conducted for me) a diligent inquiry and review concerning both — (a) the "program or activity" to be funded (in whole or in part) with the federal financial assistance sought by the applicant entity under this FY 2017 OJP Program; and (b) any prohibitions or restrictions potentially applicable to the "program or activity" sought to be funded under the FY 2017 OJP Program that deal with sending to, requesting or receiving from, maintaining, or exchanging information of the types described in 8 U.S.C. § 1373(a) or (b), whether imposed by a State or local government entity, - agency, or - official. (6) As of the date of this certification, neither the jurisdiction nor any entity, agency, or official of the jurisdiction has in effect, purports to have in effect, or is subject to or bound by, any prohibition or any restriction that would apply to the "program or activity" to be funded in whole or in part under the FY 2017 OJP Program (which, for the specific purpose of this paragraph 6, shall not be understood to include any such "program or activity" of any subrecipient at any tier), and that deals with either— (1) a government entity or - official sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. § 1373(a); or (2) a government entity or - agency sending to, requesting or receiving from, maintaining, or exchanging information of the types (and with respect to the entities) described in 8 U.S.C. § 1373(b). I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in this certification, or in the application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and /or 1621, and /or 42 U.S.C. § 3795a), and also may subject me and the applicant entity to civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729 -3730 and §§ 3801 - 3812). 1 also acknowledge that OJP awards, including certifications provided in connection with such awards, are subject to review by USDOJ, including by OJP and by the USDOJ Office of the Inspector General. Signature of Chief Legal Officer of the Jurisdiction Printed Name of Chief Legal Officer Date of Certification Title of Chief Legal Officer of the Jurisdiction Name of Applicant Government Entity (i.e., the applicant to the FY 2017 OJP Program identified below) FY 2017 OJP Program: Byrne Justice Assistance Grant ( "JAG') Program 8/7/2017 https: / /grants. ojp. u sdoj. gov /gmsexternallapplicationReview. d o ?print- -yes APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE 1. TYPE OF SUBMISSION 3. DATE RECEIVED BY STATE State Application Identifier Application Non - Construction 4. DATE RECEIVED BY FEDERAL Federal Identifier AGENCY 5.APPLICANT INFORMATION Legal Name Organizational Unit City of Paris Police Department Address Name and telephone number of the person to be contacted on matters involving this 135 1st Street S.E. application P. O. Box 9037 Hundley, Bob Paris, Texas (903) 737 -4100 75461 -9037 6. EMPLOYER IDENTIFICATION NUMBER (EIN) 7. TYPE OF APPLICANT 75- 6000635 Municipal 8. TYPE OF APPLICATION 9. NAME OF FEDERAL AGENCY New Bureau of Justice Assistance 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT NUMBER: 16.738 CID & Administration Computers CFDA Edward Byrne Memorial Justice Assistance TITLE: Grant Program 12. AREAS AFFECTED BY PROJECT Follow -up Investigation and Administrative Tasks 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date: October 01, 2017 End Date: October 31, 2019 a. Applicant b. Project TX04 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER https: / /grants.ojp. usdoj. gov / gmsexternal lapplicationReview.do ?print =yes 112 8/7/2017 https: /igrants.ojp. usdoj. gov / gmsexternal /applicationReview.do ?print- -yes Federal $11,039 12372 PROCESS? Applicant $0 Program is not covered by E.O. 12372 State $0 Local $0 Other ISO Program Income $0 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? IV TOTAL 1$11,039 118. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION PREAPPLICATION ARE TRUE AND I CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS REQUIRED. Close Window https: / /grants.ojp. usdoj. gov / gmsexternal /applicationReview.do ?print =yes 2/2