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16 GrantCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 04/20/2009 Council Date: Police Interim Chief Hundley 16. OS/11/2009 RECOMMENDED MOTION: Public Hearing, move to approve a resolution authorizing the application for Justice Assistance Grant Program 2009-F5281-TX-SB, authorizing an inter-local agreement with Lamar County, and authorizing the City Manager to negotiate and execute all necessary documents. POLICY ISSUE(S): Grant BACKGROUND: The Byrne Memorial Justice Assistance Recovery Grant (JAG) for 2009/2010 has allotted $122,990.00 to the City of Paris and Lamar County. This grant is part of the American Recovery and Reconstruction Act economic stimulus package recently signed into law and a separate program from the annual Local Law Enforcement block Grant (LLEBG) we receive each year. The Bureau of Justice Assistance, (BJA) uses a formula to calculate fund allotment for disparate agencies by using Uniform Crime Report statistics for the past three years. The BJA proposed split of the $122,990, $99,238 for the City and $23,752 for the County was derived from the higher crime rate in the city than in the county. These funds are authorized for expenditure on certain items or programs. This information was provided to the Sheriffs office as soon as we were notified of the funds being available in early April. As you will recall, Council was notified in April we had received this award in the amount of $99,238. On May 7, we received information from County Judge Superville requesting a 50150 split of these funds because that is the way LLEBG funds have been split in the past, instead of the allocation as presented by BJA. For the past four years, under the LLEBG, the City and County have agreed to split those funds evenly. The City has served as the fiscal agent for these funds, provided all applications for the program and is responsible for reporting to the BJA on funds expended. Even though this grant is being administered through the same grant administration infrastructure, it is not the LLEBG program. In other words this grant has been made possible through the stimulus package and is merely using the JAG program as the conduit for funds. Please see continuation sheet BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution, Public Meeting Notice, Grant Narrative, Inter-local Agreement ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance ❑ P bli H i y'j'D Actual $ u c ear ng ❑ Other Acct. Name Acct. Number FISCAL NOTES: City of Paris Revised 2/04/08 ~ 000105 REVIEWED AND APPROVED BY: ~ Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library 2 Police ❑ Eng./Public Works ❑ Utilities Continuation of Background Information: BACKGROUND: Regardless, BJA only suggests the allocation and has no statutory authority to impose any decision on who gets what. It is a local issue that has to be agreed to by the participating agencies. If either entity refuses to sign the MOU, the funds are withheld until an agreement is reached or one of the entities notifies BJA of refusal of the funds. Lamar County is threatening to withhold approval of the MOU unless the funds are split 50150. With the full amount BJA allocated by formula to the City, the proposal would have included an additional $37,793. The proposed equipment purchase would have included: • Replacement of in Car Video System. Allowing the City of Paris Police Department to replace seriously outdated VHS tape video systems used in frontline patrol cars with digital systems. These video systems will be more efficient by automatic download to servers via a wireless connection without intervention from the officer. Bulk VHS tape media is becoming harder to find and will eventually be unobtainable. • Surveillance System. The surveillance video system replacement is for recording witness and suspect statements, providing enhanced recording of audio and video in certain areas of the police department such as the booking room, prisoner loading area, and lobby. • The Cell Phone / PDA Data Extractor. This equipment is to aid criminal investigators in collecting and retrieving different types of data from these devices. • Utility Patrol Vehicle. The Ranger utility patrol vehicle will be used for patrolling of walking and biking trails and will be outfitted for law enforcement or rescue operations in hard to reach areas. Under the 50/50 Split, the City will receive $61,495.00. Although this amount will be about $1,500.00 short of funding the purchase of the digital video systems for the front line patrol cars as detailed, the top priority is replacement of the in car video systems because of improved efficiency, higher video resolution and lower operating and maintenance costs. Staff recommends the 50150 split and purchase of the in car video equipment. City of Paris Revised 2/04/08 - UU[31(~6 DRAFT attorney\reswork\current\JAG Program Byrne Memorial Grant App Res 2009 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE APPLICATIOIV FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTAIVCE GRAIVT (JAG) PROGRAM; AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS AND LAMAR COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS; ACCEPTING SAID GRANT AWARD UPON NOTICE THEREOF; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND IMPLEMENTATIOIV 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 (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 $122,990.00 in funding under said Grant Program, and it is deemed appropriate that the entities, having been certified as disparate jurisdictions, agree to file a joint application to the Justice Department for a JAG Grant 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 $61,495.00, being one-half of the funds available, with no matching funds to be provided by the City of Paris, to assist in purchasing of VHS tape video systems used in front line patrol cars with digital systems for recording witness and suspect statements, providing enhanced recording of audio and video in certain areas of the police department such as the booking room, prisoner loading area, and lobby; and, WHEREAS, as a further condition of the receipt of said grant, the City, following due notice, conducted a public hearing on May 11, 2009, to receive input from the citizens of Paris regarding the total award of $122,990.00 in which the Lamar County Sheriffs office will receive $61,495.00; and, WHEREAS, the City Council of the Ciry 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, it is deemed to be in the best interests of the citizens of Paris that the City of Paris apply for said Grant to assist in purchasing equipment for the Paris Police . ODU1Qi Department and that the City Manager, and appropriate City staff to accept and implement said grant (if same is received) without further action of Ciry 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 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), with Lamar County making application for $61,495.00, as reflected in that Interlocal Agreement between the City of Paris and Lamar County, a copy of which is attached hereto as Exhibit "A" 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 $61,495.00, with the City of Paris providing no matching funds, for the purchase of VHS tape video systems used in front line patrol cars with digital systems for recording witness and suspect statements, providing enhanced recording of audio and video in certain areas of the police department such as the booking room, prisoner loading area, and lobby. 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 Interim 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 described equipment for the Paris Police Department. Section 7. That the City Manager, the Chief of the Paris Police Department, and the Finance Director be authorized and directed to execute, on behalf of the Ciry 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. - Q 0 O1OS Section 8. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 11th day of May, 2009. Jesse james Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney as oo0iU GMS APPLICATION NUMBER 2009-F5281-TX-SB 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 2009 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 11th day of May, 2009, by and between the CITY OF PARIS, TEXAS a home-rule municipal corporation, acting by and through its governing body, the City Council, hereinafter referred to as CITY and LAMAR COUNTY, acting by and through its governing body, the Commissioners Court, hereinafter referred to as COUNTY, both of Lamar County, State of Texas, witnesseth: WHEREAS, pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended (the "Act"), cities, counties, special districts and other legally constituted political subdivisions of the State of Texas are authorized to enter into interlocal contracts and agreements with each other regarding governmental functions and services as set forth in the Act; and, WHEREAS, the CITY and the COUNTY provide governmental functions in the form of law enforcement services in their respective jurisdictions; and, WHEREAS, both entities desire to apply for federal funding for law enforcement purposes through the Edward Byrne Memorial Justice Assistance Grant Program ("JAG"); and, WHEREAS, the Federal Government has made $122,990.00 available forJAG Grand funding to the CITY and COUNTY for 2009 and they have agreed to share the grant funds equally; and, WHEREAS, the CITY agrees to act as fiscal agent for the Grant and to provide the COUNTY $61,495.00 from the JAG award for the 2009 Justice Assistance Grant Program; and, WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties and that the undertaking will benefit the public; and, WHEREAS, each governing body, in performinggovernmental functions or in payingforthe performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party. i EXHIBIT g. ~ ~ O O .1. 1 lJ GMS APPLICATION NUMBER 2009-F5281-TX-SB NOW THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS PROVIDED HEREIN, THE CITY AND COUNTY AGREE AS FOLLOWS: Section 1. CITY shall make application for the 2009 JAG Grant in the amount of $122,990.00 and upon receipt of all funds, CITY agrees to pay COUNTY fifty percent (50%) of the funds received. Section 2. CITY agrees to spend its $61,495 from the 2009 JAG Grant by the end of September, 2010. The COUNTY agrees to spend its $61,495.00 for the 2009 Justice Assistance Grant Program by the end of September 2010. Section 3. It is agreed that no party to this Agreement shall be responsible for the acts of another party to this Agreement, and each party participating herein indemnifies, releases and holds all other participating parties harmless for all acts of its own officers, officials, agents and employees acting hereunder, to the full extent permitted by law. Section 4. It is expressly understood and agreed that in the execution ofthis Agreement, neitherthe parties to this Agreement waive, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. Section 5. The undersigned officers and/or agents are properly authorized to execute this Agreement on behalf of the parties hereto, and each hereby certifies to the other that any necessary resolutions or minute orders extending such authority have been duly passed and are now in full force and effect. Section 6. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein; and this Agreement shall not create any rights in any parties not signatories hereto. . OU011-i GMS APPLICATION NUMBER 2009-F5281-TX-SB IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and their respective seals to be hereunto affixed and attested, as of the date and year noted below. CITY OF PARIS, TEXAS Mayor AITEST: City Clerk APPROVED AS TO FORM (Contract Authorization): City Attorney COUNTY OF LAMAR, TEXAS County Judge County Clerk 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 bytheir own respective attorney(s). - t10 011 14" PUBLISH ONCE: NOTICE OF PUBLIC HEARING CITY OF PARIS A public hearing will be held on Monday, May 11, 2009, at 5:30 p.m., at the City of Paris, City Hall, City Council Chambers, 107 E. Kaufman Street, Paris, Texas, to receive input from the citizens of Paris regarding local participation in the expenditure of funds under the Edward Byrne Memorial Justice Assistance Grant (JAG) for which the City of Paris is making application for the City of Paris and Lamar County SherifFs ofFice. The hearing will be an item on the agenda of the Regular City Council Meeting held on May 11, 2009 at 5:30 p.m. Janice Ellis, City Clerk Ofl «l _j