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2011-054 RES AUTHORIZING AN INTERLOCAL AGREEMENT WITH LAMAR COUNTY AND JAG PROGRAMRESOLUTION NO. 2011-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE APPLICATION FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM; AUTHORIZING AN INTERLOCAL AGREEMENT WITH LAMAR COUNTY; AUTHORIZING THE EXPENDITURE OF FUNDS; ACCEPTING SAID GRANT AWARD UPON NOTICE THEREOF; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS 1VECESSARY FOR ACCEPTANCE AND IMPLEMEIVTATION OF SAID GRANT UPON NOTICE THEREOF; MAKING OTHER FIIVDINGS A1VD 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, provides funding for local law enforcements grants; and, WHEREAS, the City of Paris and Lamar County have been notified of the availability of Fourteen Thousand Two Hundred Ninety IVine Dollars ($14,299.00) in funding under said Grant Program, and it is deemed appropriate that the entities, having been certified as disparate jurisdictions, agree to make a joint application for 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 Fourteen Thousand Two Hundred Ninety Nine Dollars ($14,299.00), of which the City will retain fifty percent (50%) of the funds to acquire new patrol rifles to replace the existing unreliable and broken rifles. The other 50% to be paid to Lamar County; and, WHEREAS, the items listed in the grant budget are new patrol rifles. The rifles with broken firing pins and head space problems will be traded in on the new rifles. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. 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 Fourteen Thousand Two Hundred Ninety Nine Dollars ($14,299.00) of which 50% of the funds will be retained by the City and 50% will be distributed to Lamar County. Section 3. That the City shall act as fiscal agent for this 2011 JAG Grant and shall disburse fifty percent (50%) of the funds received to Lamar County in accordance with the Interlocal Agreement attached hereto and incorporated herein by reference as Exhibit "A". 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 replacement of Patrol Rifles. Section 7. That the Mayor, 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, and to execute and enter into an Interlocal Agreement with Lamar County for the division of the grant funds 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 ATTEST: a. ice Ellis, City Clerk Z JAS ORM: W. Kent McIlyar, ' Attorney GMS APPLICATION NUMBER 2011-H4495-TX-DJ 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 2011 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 27 day of July, 2011, 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 $14,299.00 available forJAG Grant funding to the CITY AND COUNTY for 2011 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 $7,149.50 from the JAG award for the 2011 Justice Assistance Grant Program; and, WHEREAS, each governing body finds that the performance of the 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. 1 EXHIBIT~ GMS APPLICATION NUMBER 2011-H4495-TX-DJ 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 2011 JAG Grant in the amount or $14,299.00 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 $7149.50 from the 2011 JAG Grant by the end of September, 2012. The COUNTY agrees to spend its $7149.50 from the 2011 JAG Grant by the end of September, 2012. 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 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. 2 GMS APPLICATION NUMBER 2011-H4495-TX-DJ 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 COUNTY OF LAMAR, TEXAS CountyJudge ATTEST: City Clerk County Clerk APPROVED AS TO FORM: City Attorne 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