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2009-097-RES-Authorizing an interlocal agreement between The City of Paris, Texas and Lamar CountyRESOLUTION NO. ?_009-09? 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 GRANT FOR THE CONTINUATION OF THE LAMAR COUNTY FELONY CRIMES UNIT; ACCEPTING SAID GRANT AWARD UPO1V NOTICE THEREOF; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; MAKING OTHER FINDIIVGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the United States Department of Justice, Bureau of Justice Assistance, 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 Law Enforcement Grant; and, WHEREAS, these grant funds will be used for the continuation of the Lamar County Felony Crimes Unit in the total amount of $167,686.00, requiring cash match contribution in the amount of $10,755.00; 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$167,686.00 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 Law Enforcement Grant for the continuation of the Lamar County Felony Crimes Unit in the total amount of $167,686.00, requiring a cash match in the amount of $10,755.00. Section 4. That the Ciry 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 B. 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 September, 2009. ATTEST: \ Y~ l~ )affini'Actp-Ellis, City Clerk APPROVED AS ORM: W. Ke t Mc ly ity Attorney _._..1L~,~.rac _ =~,1 L•~i'''''~-i~ , % t esse Ja~es Freelen, Mayor GRANT APPLICATION NUMBER 2009-1822604 (Mandatory) THE STATE OF TEXAS KNOW ALL BY THESE PRESENT COUNTY OF LAMAR IIVTERLOCAL AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS, AND COUNTY OF LAMAR, TEXAS LAMAR COUIVTY FELONY CRIMES UNIT This Agreement is made and entered into this 28th day of September, 2009, 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 and to provide the COUNTY $47,462.00 from the total Lamar County Felony Crimes Unit award of $167,686.00 for the 2008 Criminal Justice Division Grant Program; and, WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the grant funds. NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of $47,462.00 from the total award of $167,686.00 of the grant funds awarded to the entities. EXHIBIT A- Page 1 of 2 Section 2. COUNTY agrees to use $47,462.00 for the continued operation of the Lamar County Felony Crimes Unit for until September 30, 2010. 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. CITY OF PARIS, TEXAS COUNTY OF LAMAR, TEXAS City Manager ATTEST: City Clerk CountyJudge Counry Clerk Page 2 of 2 APPROVED AS TO FORM (Contract Authorization): 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 3 of 2