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2009-045-RES-JAG GrantRESOLUTION NO. 2009-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE APPLICATION FOR THE RECOVERY EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (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 IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A111 EFFECTIVE DATE. WHEREAS, the United States Department of Justice, Bureau of Justice Assistance, Recovery 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 $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 $122,990.00 for 2009 Recovery Edward Byrne Memorial Justice Assistance Grant Funds, with no matching funds to be provided by the City of Paris, to assist in replacing old VHS tape video systems currently being used in front line patrol cars with digital systems for recording witness and suspect statements; and, WHEREAS, as a further condition of the receipt of said grant, the City, following proper notice to the public, conducted a public hearing on May 11, 2009, to receive input from the citizens of Paris regarding the total JAG Grant award of $122,990.00 in which the Lamar County Sheriffs office will receive $61,495.00 (or 50% of total funds received, whichever is less); 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, it is deemed to be in the best interests of the City of Paris and its citizens to apply for said Grant to assist in purchasing equipment for the Paris Police Department and that the City Manager, be authorized 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 of Paris, having been certified as a disparate jurisdiction along with Lamar County, hereby agrees to act as fiscal agent and to apply for a 2009 JAG grant in the amount of $122,990.00 and to give no more than fifty percent (50%) of the grant funds received to Lamar County pursuant to the terms of the 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 these 2009 JAG funds be used by the Paris Police Department to replace old VHS tape video systems currently being used in front line patrol cars with digital systems for recording witness and suspect statements. 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 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 11th day of May, 2009. ATTEST: ice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlya , ' Attorney GMS APPLICATION NUMBER 2009-F5281-TX-5B 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 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. EXHIBIT A,. 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 of this Agreement, neither the 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 S. 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. 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 ATTEST: 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 by their own respective attorney(s).