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2003-067-RES APPROVE/AUTHORIZE REVISED GRANT APPLICATION TO THE OFFICE OF THE GOVERNOR IN THE AMOUNT OF $388,470. RESOLUTION NO. 2003-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING A REVISED GRANT APPLICATION TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, TEXAS NARCOTICS CONTROL PROGRAM, FOR A REGIONAL CONTROLLED SUBSTANCE APPREHENSION PROGRAM GRANT IN THE AMOUNT OF $388,470.00, REQillRING A CASH MATCH IN THE AMOUNT OF $218,661.00; AUTHORIZING THE EXECUTION OF AN INTERAGENCY AGREEMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris did heretofore, on the 13th day of January, 2003, in Resolution No. 2003-003, authorize an application to the Office of the Governor, Criminal Justice Division, Texas Narcotics Control Program, for a Regional Controlled Substance Apprehension Program Grant in the amount of $441,954.00; and, WHEREAS, the Office of the Governor, Criminal Justice Division, has advised the City that it is only able to provide funding at last year's level, same being $388,470.00, and that said Resolution No. 2003-003 should be additionally revised to clearly delineate the City's responsibility for providing all required matching funds; and, WHEREAS, it is deemed appropriate that such application be resubmitted in order to revise the requested amount and to clearly state the requirement for the provision of all required matching funds; and, WHEREAS, the City Council fmds it to be in the best interests of the citizens of the city of Paris, Texas, that the Regional Controlled Substance Apprehension Program be operated for the year beginning June 1, 2003, and ending May 31, 2004; and, WHEREAS, the City Council of the City of Paris has considered the proposed re- application for State and Federal Assistance for said project, in the amount of $388,470.00, to be submitted to the Office of the Governor, Criminal Justice Division, Texas Narcotics Control Program, with the City of Paris providing $218,661.00 in local matching funds; and, WHEREAS, the City Council of the City of Paris has agreed 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; 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; and, WHEREAS,.in conjunction with said grant application, it is deemed appropriate that the City of Paris, the County of Lamar, the County of Fannin, the City of Bonham, the County of Red River, and the City of Clarksville enter into an Interagency Agreement agreeing to be bound by the requirements of said grant, including the requirement for each entity's share of the local cash match, same being $24,414.00 each; and, WHEREAS, the form of the Interagency Agreement, attached hereto as Exhibit A, should, in all things, be approved, and the City Manager should be authorized to execute the same; 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 re-submission of a grant application for the Regional Controlled Substance Apprehension Program to the Office of the Governor, Criminal Justice Division, be, and the same is hereby, approved for the project entitled "Regional Controlled Substance Apprehension PrQgram" for the period beginning June 1, 2003, and ending May 31,2004, in the total amount of $607,131.00, same being 64% federal funds totaling $388,470.00 and 36% local matching funds totaling $218,661.00, said local matching funds being divided by six entities, same being . the City of Paris, the County of Lamar, the County of Fannin, the City of Bonham, the County of R~ River, and the City of Clarksville, and additionally including a cash match in the amount of $72,177.00 from the Texas Department of Public Safety, with the City of Paris, as grantee, being responsible for providing all of the required cash match. Section 3. 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, the application for grant under the terms and conditions and in the form approved by the City Attorney. Section 4. That the Chief of Police be, and he is hereby, appointed as Project Director and is hereby authorized 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 5. 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 purposes of the Regional Controlled Substance Apprehension Program. Section 6. That the City Manager, the Chief of Police, and any other appropriate City officials are hereby authorized to execute any and all necessary documents incident to the grant application approved herein and to apply for, accept, reject, alter, or terminate the grant. Section 7. That the Mayor, City Manager, Chief of Police, 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 Office of the Governor, Criminal Justice Division, 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 the form of the Interagency Agreement between the City of Paris, the County of Lamar, the County of Fannin, the City of Bonham, the County of Red River, and the City of Clarksville wherein the agencies agree to be bound by the requirements of said grant, including the requirement for each entity's share of the local cash match, same being $24,414.00 each, attached hereto as Exhibit A, be, and the same is hereby, approved. Section 9. That the City Manager be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Interagency Agreement, under the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 10. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 14th day of April, 2003. ATTEST: Mattie Cunningham, City Clerk INTERAGENCY AGREEMENT STATE OF TEXAS ~ COUNTY OF LAMAR' ~ This Agreement is entered into by and between the COUNTY OF LAMAR, the COUNTY OF FANNIN, the COUNTY OF RED RIVER, all political subdivisions of the State of Texas, hereinafter referred to as "the Counties," the CITY OF PARIS, PARIS, TEXAS, a municipal corporation situated in Lamar County, Texas, the CITY OF BONHAM, TEXAS, a municipal corporation situated in Fannin County, Texas, and the CITY OF CLARKSVILLE, TEXAS, a municipal corporation situated in Red River County, Texas, hereinafter referred to as "the Cities," pursuant to Chapter 791 of the Texas Government Code, concerning interlocal cooperation contracts. WITNESSETH: WHEREAS, the Counties and the Cities wish to file a joint grant application with the Criminal Justice Division of the State of Texas, for total funding (including matching funds) in the amount of $534,954.00 for the period to commence June I, 2003, and to continue twelve (12) months as The Regional Controlled Substance Apprehension Program; and, WHEREAS, each entity has agreed to contribute $24,414.00 each in matching funds if said joint application is approved; and, WHEREAS, the source of funds would not normally be used for this purpose; and, WHEREAS, the Counties and the Cities believe it to be in their best interests to join in the application to develop a Regional Controlled Substance Apprehension Program; and, WHEREAS, the Counties and the Cities agree to each accept the responsibility to adhere to all pertinent federal, state, and local laws or regulations; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to allow the City of Paris to file joint application for a Texas Narcotics Control Program Grant with the Criminal Justice Division, which creates the Regional Controlled Substance Apprehension Program, which application is attached hereto as EXHIBIT A -1- Exhibit "A" and made a part hereof for all purposes, and which will be submitted to the Governor's Office, Criminal Justice Division. ARTICLE II TERM 2.01 The term of this Agreement is to commence on the execution of this Agreement and to end May 31, 2004. ARTICLE III CONSIDERATION 3.01 As consideration for this Agreement, in addition to the amount contributed by the Texas Department of Public Safety, the Counties and the Cities agree to contribute a total of$146,484.00 in matching funds for the enhancement of the Regional Controlled Substance Apprehension Program in the amounts as follows: Red River County $24,414.00 $24,414.00 City of Bonham $24,414.00 Fannin County City of Paris $24,414.00 Lamar County $24,414.00 City of Clarksville $24,414.00 Texas Department of Public Safety $72,177.00 ARTICLE IV ALLOCATION OF FUNDS 4.01 The specific allocation of the Counties' and the Cities' funds is set out in the attachments to this Agreement, marked as Exhibit "A," and made a part hereof for all purposes. -2- ARTICLE V OWNERSHIP OF EOUIPMENT 5.01 Upon termination of this Agreement, ownership of equipment, hardware, and other non- expendable items will revert to the applicant for which it was acquired, subject to the approval of the Criminal Justice Division of the Governor's Office. ARTICLE VI AMENDMENTS 6.01 This Agreement may be amended by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this Agreement. ARTICLE VII LEGAL CONSTRUCTION 7.01 In case anyone or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE VIII ENTIRE AGREEMENT 8.01 This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. -3- EXECUTED IN MULTIPLE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, ON THIS THE DAY OF , 2003. CITY OF PARIS, PARIS TEXAS COUNTY OF LAMAR Michael E. Malone, City Manager ATTEST: M. C. Superville, Jr., County Judge Commissioner, Precinct 1 Mattie Cunningham, City Clerk Commissioner, Precinct 2 APPROVED AS TO FORM: Commissioner, Precinct 3 Larry W. Schenk, City Attorney Commissioner, Precinct 4 ATTEST: Kathy Marlowe, County Clerk -4- EXECUTED IN MULTIPLE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, ON THIS THE DAY OF , 2003. COUNTY OF FANNIN County Judge ATTEST: County Clerk -5- EXECUTED IN MULTIPLE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, ON THIS THE DAY OF , 2003. COUNTY OF RED RIVER County Judge ATTEST: County Clerk -6- EXECUTED IN MULTIPLE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, ON THIS THE _ DAY OF , 2003. CITY OF BONHAM, TEXAS City Manager or Mayor ATTEST: City Clerk -7- EXECUTED IN MULTIPLE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, ON THIS THE DAY OF , 2003. CITY OF CLARKSVILLE, TEXAS City Manager or Mayor ATTEST: City Clerk -8-