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2006-020-RES-JAG RESOLUTION NO. 2006-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE APPLICATION FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM (FORMERL Y KNOWN AS THE LOCAL LAW ENFORCEMENT BLOCK GRANT); 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 (JA G) Program (formerly known as the Local Law Enforcement Block Grant Program), provides funding for local law enforcement grants; and, WHEREAS, the City of Paris and Lamar County have been notified of the availability of $25,378.00 in funding under said Grant Program, and it is deemed appropriate that the entities, having been certified as disparate jurisdictions, agree to each make application for not more than one-half of 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$12,689 .00, being one-half of the funds available, with no matching funds required to be provided by the City of Paris, for the purchase of four (4) Mobile Vision Video Cameras for patrol units to replace existing cameras which have become too expensive to maintain; and, WHEREAS, as a condition of the receipt of said grant, the City participated in an Advisory Board meeting conducted on January 30, 2006; and, WHEREAS, as a further condition of the receipt of said grant, the City, following due notice, conducted a public hearing on February 13,2006, to receive input from the citizens of Paris regarding the expenditure of said funds received under said grant; and, WHEREAS, application for said grant must occur by or before March 2,2006; and, WHEREAS, it is deemed to be in the best interests of the citizens of Paris that the City of Paris apply for said Grant for the furnishing and delivery of four (4) Mobile Vision Video Cameras for patrol units; and; WHEREAS, the City Council desires to authorize the Mayor, City Manager, and appropriate City staff to accept and implement said grant (if same is received) without further action of City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the City of Paris, having been certified as a disparate jurisdiction along with Lamar County, hereby agrees to act as fiscal agent and to apply for not more than one-half of the funds available to it and Lamar County under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program (formerly known as the Local Law Enforcement Block Grant Program), same being $12,689.00, with Lamar County making application for not more than the remaining one-half, as reflected in that Interlocal Agreement between the City of Paris and Lamar County, a copy of which is attached hereto and incorporated herein, and the City Manager is hereby authorized to execute and the City Clerk to attest to said Interlocal Agreement. Section 3. 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 in the amount of$12,389.00, with the City of Paris required to provide no matching funds, for the furnishing and delivery of four (4) Mobile Vision Video Cameras for patrol units. 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 ofthe 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 the purchase of the furnishing and delivery of four (4) Mobile Vision Video Cameras for patrol units. Section 7. That the Mayor, City Manager, the Chief ofthe 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, 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 13th day of February, 2006. ATTEST: APPROVED AS TO FORM: ;JJ. rA~ D. Lestock, Assistant City Attorney C~..\'/. ---"~ "-- 1\._",-, /~" / \" .. f-- (.r) GMS APPLICATION NUMBER 2006-FI027-TX-DJ (Mandatory) THE STATE OF TEXAS KNOW ALL BY THESE PRESENT COUNTY OF LAMAR INTERLOCAL AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS, AND COUNTY OF LAMAR, TEXAS 2006 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 6th day of February, 2006, 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 fmds 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 agrees to act as fiscal agent and to provide the COUNTY $12,689.00 from the total JAG award of$12,689.00 for the 2006 Justice Assistance Grant Program; and, WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of$12,689.00 from the total award of$25,378.00 of the JAG funds awarded to the entities. Section 2. COUNTY agrees to use $12,689.00 for the 2006 Justice Assistance Grant Program until April 30, 2008. 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. Page 1 of 2 GMS APPLICATION NUMBER 2006-F1027-TX-DJ (Mandatory) Section 4. Nothing in the perfonnance 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. 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 COUNTY OF LAMAR, TEXAS City Manager County Judge ATTEST: City Clerk County Clerk APPROVED AS TO FORM (Contract Authorization): Assistant City Attorney 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). Page 2 of 2