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2008-060-RES AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS AND LAMAR COUNTY, TEXAS TO MAKE APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE FOR A JUSTICE ASSISTANCE GRANT PROGRAM (JAG) GRANT TO SERIOUSLY OUTDATED DESTOP COMPUTERSRESOLUTION NO. 2008-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS AND LAMAR COUNTY, TEXAS TO MAKE APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE FOR A JUSTICE ASSISTANCE GRANT PROGRAM (JAG) GRANT TO REPLACE SERIOUSLY OUTDATED DESKTOP COMPUTERS USED IN THE CRIMINAL INVESTIGATION DIVISION AND PATROL DIVISION OF THE PARIS POLICE DEPARTMENT; ACCEPTING SAID GRANT AWARD UPON NOTICE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, Justice Assistance Grant Program (JAG), provides funding for local law enforcement grants; and, WHEREAS, the City of Paris and Lamar County mutually desire to enter into an Interlocal Agreement to file a joint application to the Justice Department for a JAG Grant; and, WHEREAS, the Police Department of the City of Paris will use the JAG grant funds to replace seriously outdated desktop computers used in the Criminal Investigation Division and Patrol Division in the total amount of $20,340.00, requiring no cash match contribution from the City; and, WHEREAS, the City Council of the City of Paris assures that, in the event of loss or misuse of the Criminal Justice Division funds, the funds will be returned to the Criminal Justice Division in full; and, WHEREAS, the City Council desires to authorize the City Manager, 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, 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 Manger be, and hereby is authorized to execute an Interlocal Agreement between the City of Paris, Texas and Lamar County, Texas setting for the terms for joint application for a$20,340 JAG Grant from the U. S. Department of Justice. Section 3. That an application be made to the United States Department of Justice, Bureau of Justice Assistance, for a Justice Assistance Grant Program grant (JAG) to allow the City of Paris Police Department to replace seriously outdated desktop computers used in the Criminal Investigation Division and Patrol Division in the total amount of $20,340.00, requiring no cash match from the City. 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 the development of said Felony Crimes Unit. Section 7. That the City Manager 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, in the event of loss or misuse of the Criminal Justice Division funds, the City Council of the City of Paris assures that the funds will be returned to the Criminal Justice Division in full. Section 9. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 28th day of July, 2008. A 42~_ sse Jam Freelen, Mayor ATTEST: J ice Ellis, City Cler APPROVED AS TO ORM: W. Kent McIlya Ci Attorney GMS APPLICATION NUMBER 2008-F7724-TX-DJ (Mandatory) 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 2008-2009 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 28 day of July, 2008, 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 agrees to act as fiscal agent for the City and County in applying for a 2008-09 Byrnes lustice Assistance Grant and to transfer fifty percent (50%) of any grant funds received to Lamar County; 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 fifty percent (50%) of anyJAG funds received from the Justice Department for the 2008-09 Byrnes Justice Assistance Grant Award. EXHIBIT J~- Section 2. COUNTY agrees to use grant funds received for the purposes set out in the grant application until September 30, 2009. 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 S. 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. 2 GMS APPLICATION NUMBER 2008-F7724-TX-DJ (Mandatory) CITY OF PARIS, TEXAS Kevin Carruth, City Manager COUNTY OF LAMAR, TEXAS M. Charles Superville, County Judge ATTEST: lanice Ellis, City Clerk APPROVED AS TO FORM (Contract Authorization): W. Kent Mcllyar, City Attorney Kathy Marlowe, County Clerk 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 solelyforthe benefit of our client. Other parties should not rely on this approval and should seek review and approval bytheir own respective attorney(s). 3 GMS APPLICATION NUMBER 2008-F7724-TX-DJ (Mandatory) 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 2008-2009 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 28 day of July, 2008, 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 underthe 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 ofthis 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 for the City and County in applying for a 2008-09 Byrnes Justice Assistance Grant and to transfer fifty percent (50%) of any grant funds received to Lamar County; 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 fifty percent (50%) of any JAG funds received from the Justice Department for the 2008-09 Byrnes Justice Assistance Grant Award. Section 2. COUNTY agrees to use grant funds received for the purposes set out in the grant application until September 30, 2009. 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 S. Each party to this agreement will be responsible for its own actions in providing services underthis 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. 2 GMS APPLICATION NUMBER 2008-F7724-TX-DJ (Mandatory) CITY OF PARIS, TEXAS Kevin Carruth, City Manager ATTEST: COUNTY OF LAMAR, TEXAS M. Charles Superville, County Judge Janice Ellis, City Clerk APPROVED AS TO FORM (Contract Authorization): W. Kent Mcllyar, City Attorney Kathy Marlowe, County Clerk 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 GMS APPLICATION NUMBER 2008-F7724-TX-DJ (Mandatory) 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 2008-2009 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 28 day of July, 2008, 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 agrees to act as fiscal agent for the City and County in applying for a 2008-09 Byrnes Justice Assistance Grant and to transfer fifty percent (50%) of any grant funds received to Lamar County; 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 fifty percent (50%) of any JAG funds received from the Justice Department for the 2008-09 Byrnes Justice Assistance Grant Award. Section 2. COUNTY agrees to use grant funds received for the purposes set out in the grant application until September 30, 2009. 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. 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. 2 GMS APPLICATION NUMBER 2008-F7724-TX-DJ (Mandatory) CITY OF PARIS, TEXAS Kevin Carruth, City Manager ATTEST: Janice Ellis, City Clerk M. Charles Superville, County Judge APPROVED AS TO FORM (Contract Authorization): W. Kent Mcllyar, City Attorney Kathy Marlowe, County Clerk 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 forthe benefit of our client. Other parties should not rely on this approval and should seek review and approval bytheir own respective attorney(s). COUNTY OF LAMAR, TEXAS 3 Application Print Out On Line Page 1 of 2 APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE 1. TYPE OF SUBMISSION 3. DATE RECEIVED BY State Application Identifier STATE 4. DATE RECEIVED BY Federal Identifier FEDERAL AGENCY )-66g- ? 7Zy _ j x- D-T S.APPLICANT INFORMATION Legal Name Organizational Unit City of Paris Police Department Address Name and telephone number of the person to be contacted on 135 lst Street S.E. matters involving this P. O. Box 9037 application Paris, Texas 75461-9037 Hundley, Bob (903) 737-4110 6. EMPLOYER IDENTIFICATION NUMBER (EIN) 7. TYPE OF APPLICANT 75-6000635 Municipal 8. TYPE OF APPLICATION 9. NAME OF FEDERAL AGENCY Continuation Bureau of Justice Assistance 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT NUMBER: 16.738 Justice Assistance Grant CFDA EDWARD BYRNE MEMORIAL JLISTICE TITLE: ASSISTANCE GRANT PROGRAM 12. AREAS AFFECTED BY PROJECT Paris and Lamar County, Texas 13. PROPOSED PROJECT 14. CONGRESSIONAL Start Date: October Ol, 2008 DISTRICTS OF End Date: September 30, 2010 a. Applicant b. Project TXO1 15. ESTTMATED FLTNDING 16. IS APPLICATION Federal $20,340 SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER Applicant $11,836 12372 PROCESS? State $0 ram is not covered by E.O. Pro ~ g Local 12372 httns:Uerants.oin.usdoi.eov/izmsexternal/annlicationReview.do?print=yes 07/08/2008 Yage "L ot 2 Other $0 Program Income $0 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? TOTAL $32,176 N 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION PREAPPLICATION ARE TRUE AND 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. Ciose Window httns://izrants.oin.usdoi.gov/p-msex-ternaUapvlicationReview.do?prinryes 07/08/2008 Application Budget CITY OF PARIS, TEXAS, POLICE DEPARTMENT AND LAMAR CpUNTY, TEXAS, SHERIFF'S OFFICE EDWARD BYRNE MEMORIAL NSTICE ASSISTANCE GRANT Amount Requested: $20,340 ($10,170 for the City of Paris and $10,170 for Lamar County) CITY OF PARIS, TEXAS, POLICE DEPARTMENT BUDGET NARRA'TIVE Amount Requested: The City of Paris, Texas, Police Department is respectfully requesting $20,340.00 of the total funds allocated to the disparate jurisdictions. Budget: Year 1: 10 Workstation Computers, TOTAL REQUEST $10,170 Narrative: The proposed expenditure will -allow the City of Paris Police Department to replace seriously outdated desktop computers used in the Criminal Investigation Division and Patrol Division. These computers are used for ongoing criminal investigarions, initial offense investigations and the operation of the department's records management system. I,AMAR CpiTNTY, TEXAS, SHERIFF'S OFFICE BUDGET NARRATIVE Amount Requested: "The Lamar County, Texas, Sheriif---s Office is respectfully requesting $10,170of the total funds allocated to the disparate jurisdictions. Budget: 2009 Year Model Police Vehicle $22,000- Less: Cash match from the County of Lamar (11,830.00) TOTAL REQUEST $10,170.00 Narrahve: The proposed expenditures will assist the Lamar County Sheriff s Office in providing a comprehensive approach to address crime, hold offenders accountable, protect and support crime victims, and enhance law enforcement initiatives by providing it with the necessaty tools. T'he requested police vehicle is a necessary and crucial purchase to help increase Lamar County's capacity to prevent and control crime in their 894 square mile jurisdiction. Sheriff's Office vehicles average about 120,000 miles per vehicle per yeaz, and the reliability of a vehicle is a concern for any officer responding to a ca11 or providing day or night patrol of the area. Application Program Narrative- CITY OF PARIS, TEXAS, POLICE DEPARTMENT AND LAMAR COUNTY, TEXAS, SHERIFF'S OFFICE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT Amount Requested: $20,340 ($10,170.00 for the City of Paris and $10,170.00 for Lamar County) Disparate Certification: The City of Paris and the County of Lamar are certified as disparate jurisdictions and are submitting this joint application for the allocated $20,340.00 in funding. An Interlocal Cooperative Agreement has been adopted by the governing body of each jurisdiction and was signed and faxed to OJP prior to the application being submitted indicating the City of Paris will serve as the fiscal agent for the joint funds and agreeing to share the funds equally for the respective projects listed herein. Trust Fund: The City of Paris will establish a trust fund in which to deposit any JAG funds and will distribute any award as provided in the MOU. The trust fund may or may not be an interest bearing account. Supplanting: The funds requested by the City of Paris Police Department and the Lamax County Sheriff=s Office will be used to supplement existing funds for program activities and WILL NOT replace or supplant non-federal funds that have been appropriated for the same purpose. CITY OF PARIS, TEXAS, POLICE DEPARTMENT - PROGRAM NARRATIVE Applicable Category: Planning, evaluation, and technology improvement program Analysis of Need: The police department has 10 desktop computers that have aged to the point that they are detrimental to the investigation of crime occurring in the city of Paris and responding to other law enforcement agencies request for information regarding criminal activities. The city of Paris has a robust computer network throughout the city that includes the police department. Unfortunately, these computers that need replaced have problems due to processor speed, connecting to the network, and the current records management system in use by the department. Working with digital video of suspect or witness interviews are difficult on these computers and will try the most patient user with eventual `lockups' requiring a restart or loss of information. By replacing these computers, the productivity and efficiency of investigators will be greatly enhanced in the investigation of criminal activities in the city of Paris. LAMAR COUNTY, TEXAS, SHERIFF'S OFFICE PROGRAM NARRATIVE Applicable Category: Planning, evaluation, and technology improvement program Analysis of Need: The Lamar County Sheriff's Office is dedicated to providing a comprehensive approach to address crime, hold offenders accountable, protect and support crime victims, and enhance law enforcement initiatives, and it proposes to use its allocation of the requested funding to develop the County's capacity to prevent and control crime. To meet these purposes, any funds awarded will be spent in order to purchase the following item: 1. 2009 Police Vehicle - The Lamar County Sheriffs Office is respectfully requesting to use the requested funding to purchase a vehicle in order to develop the County's capacity to prevent and control crime. By allocating the requested funds for this purchase, hopefully the Bureau of Justice Assistance will determine this vehicle is a necessary and crucial purchase in Lamar County's capacity to prevent and control crime in its 894 square mile rural jurisdiction. Sheriff's Office vehicles average about 120,000 miles per vehicle per year. The reliability of a vehicle is a concern for an officer responding to a call or providing day or night patrol of the area. It is our hope the Office of Justice Programs will support our request to enhance the Lamar County, Texas, local law enforcement effort. Truly, the proposed purchase will significantly strengthen our County's criminal justice system's ability to prevent and control crime by prioritizing and placing justice funds where they are needed most in our community, and a vehicle is what the Lamar County Sheriff s Office needs most for the coming year. Application Public Hearing Notice PUBLISH ONCE: NOTICE OF PUBLIC HEARING CITY OF PARIS A public hearing will be held on Thursday, July 28, 2008, at 6:00 p.m., at the City of Paris, City Hall, City Council Chambers, 107 E. Kaufman Street, Paris, Texas, to receive input ftom the citizens of Paris regarding local participation in tlhe expenditure of funds under the Edward Byrne Memorial Justice Assistance Grant (JAG) for which the City of Paris is making application in the amount of $10,170.00. The hearing will be an item on the agenda of the Regular City Council Meeting held on July 28, 2008, at 6:00 p.m. Janice Ellis, City Clerk Application Sheriff"s Letter July 9, 2008 Bureau of Justice Assistance Programs Office810 Seventh Street NW. Washington, DC 20531 Re: 2008 JAG Application The Lamar County, Texas, Sheriff's Office is respectfully requesting $10,170.00 to purchase a 2009 year model police vehicle. The requested vehicle is a necessary and cn.icial purchase to help increase Lamar County's capacity to prevent and control crime in our 894 square mile jurisdiction. Sheriif's Office vehicles average about 120,000 miles per vehicle per year, and the reliability of a vehicle is a concern for any officer responding to a cail or providing day or night patrol of the area. The proposed expenditures will assist the Lamar County SherifPs Office in providing a comprehensive approach to address crime, hold offenders accountable, protect and support crime victims, and enhance law enforcement initiatives by providing it with the necessary tools. !t is our hope the Office of Justice Programs will support our request to enhance the Lamar County, Texas, local law en#orcement effo►t Truly, this proposed purchase wiN significan#ly strengttTen our county's criminal justice system abitity to prevent and control crime by priorifizing and placing justice funds where they are needed most in our community. Respectfully requested, B. J. McCoy Lamar County Sheriff