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07-A Justice Assistance Grant DRAFT F:ALICE\RESWORK\CURRENT\ JAG Program Grant Application 2005 March 9, 2005 RESOLUTION NO. _______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE APPLICATION FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM (FORMERLY KNOWN AS THE LOCAL LAW ENFORCEMENT BLOCK GRANT); AUTHORIZING A MEMORANDUM OF UNDERSTANDING (MOU) WITH LAMAR COUNTY; 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 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 $50,317.00 in funding under said Grant Program, and it is deemed appropriate that the entities, having been certified as disparate jurisdictions, agree to each make application 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 a Memorandum of Understanding (MOU) between the entities; and, WHEREAS , the City Council of the City of Paris is desirous of processing a grant application in the amount of $25,158.50, being one-half of the funds available, with no matching funds to be provided by the City of Paris, for the furnishing and installation of a minimum 120 foot self-supporting radio tower to support a new ACU-1000 cross band switch that will allow any radio to be hooked up and allow that radio to talk on other frequencies during a disaster; and, WHEREAS, as a condition of the receipt of said grant, the City participated in an Advisory Board meeting conducted on March 17, 2005; and, WHEREAS, as a further condition of the receipt of said grant, the City, following due notice, conducted a public hearing on March 28, 2005, to receive input from the citizens of Paris regarding the expenditure of said funds received under said grant; and, WHEREAS , application for said grant must occur by or before April 15, 2005; 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 for the furnishing and installation of a minimum 120 foot self- supporting radio tower; 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 NOW, THEREFORE, action of City Council; 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 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), same being $25,158.50, with Lamar County making application for not more than the remaining one-half, as reflected in that Memorandum of Understanding (MOU) between the City of Paris and Lamar County, a copy of which is attached hereto and incorporated herein, and the Mayor is hereby authorized to execute and the City Clerk to attest to said Memorandum of Understanding. 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 $25,158.50, with the City of Paris providing no matching funds, for the furnishing and installation of a minimum 120 foot self-supporting radio tower to support a new ACU-1000 cross band switch that will allow any radio to be hooked up and allow that radio to talk on other frequencies during a disaster. 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 purchase of the furnishing and installation of a minimum 120 foot self-supporting radio tower. 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, 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 28th day of March, 2005. ____________________________________ Curtis Fendley, Mayor ATTEST: ____________________________________ Janice Ellis, City Clerk APPROVED AS TO FORM: ____________________________________ Larry W. Schenk, City Attorney GMS APPLICATION NUMBER ________________________ (Mandatory) CITY SECRETARY CONTRACT NO. ____________ THE STATE OF TEXAS KNOW ALL BY THESE PRESENT COUNTY OF LAMAR MEMORANDUM OF UNDERSTANDING AND INTERLOCAL AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS, AND COUNTY OF LAMAR, TEXAS 2005 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 21st day of March, 2005, 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 $25,158.50 from the total JAG award of $50,317.00 for the 2005 Justice Assistance Grant Program; and, WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of $25,158.50 from the total award of $50,317.00 of the JAG funds awarded to the entities. Section 2. COUNTY agrees to use $25,158.50 for the 2005 Justice Assistance Grant Program until September 30, 2008. 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. EXHIBIT A GMS APPLICATION NUMBER ________________________ (Mandatory) 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 County Judge _______________________________________ Commissioner, Precinct 1 _______________________________________ Commissioner, Precinct 2 _______________________________________ Commissioner, Precinct 3 _______________________________________ Commissioner, Precinct 4 ATTEST: ________________________________________ _______________________________________ City ClerkCounty Clerk APPROVED AS TO FORM (Contract Authorization): _______________________________________________________________________________ City AttorneyDistrict 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).