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2012-042 RES AUTHORIZING APPLICATION FOR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAMRESOLUTION NO. 2012-042 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 THEEXECUTION OF ANY AND ALL DOCUMEIVTS NECESSARY FOR ACCEPTANCE AND IMPLEMEIVTATION 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, provides funding for local law enforcement grants; and, WHEREAS, the City of Paris and Lamar County have been notified of the availability of $12,069.00 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 $12,069.00 of which the City will retain 50% of the JAG funds to acquire new forward looking infrared handheld device and vest carriers for CID personnel and 50% will be paid to Lamar County; 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 new equipment for the Police Department; and; WHEREAS, the City Council desires to authorize the Mayor, City Manager, and appropriate City staff to accept and implement said grant 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 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 $12,069.00 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 2012 JAG Grant and shall disburse 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 the surveillance system. 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 23rd day of April, 2012. ATTEST: . gnice4EIlis, City Clerk APPROVED AS TO FORM: W. Kent M ity Attorney PUBLISH ONCE: NOTICE OF PUBLIC HEARING CITY OF PARIS A public hearing will be held on Monday, April 23, 2012, 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 in the amount of $12,096.00. The hearing will be an item on the agenda of the Regular City Council Meeting held on April 23, 2012, at 5:30 p.m. Janice Ellis, City Clerk CITY OF PARIS, TEXAS, POLICE DEPARTMENT AND LAMAR COUNTY, TEXAS, SHERIFF'S OFFICE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT 2012 2012-H1559-TX-DJ Program Narrative As all government entities are faced with cuts to operating budgets, assistance in providing equipment for effective and safe law enforcement is needed. This year's application for grant funding through the Edward Byrne Memorial Justice Assistance grant program for the city of Paris Police Department and the Lamar County SherifPs office will address equipment replacement and new equipment. Officers in the field are always at the disadvantage when dealing with low-light situations or during daytime operations in heavily wooded or brush covered areas. Even though the city of Paris is a town of 25,000, we still have areas in town that are wooded and brush covered which presents hazards to officers when looking for suspects who have fled into that area. Even if the suspect is not in a wooded area, officers are at a disadvantage at night when investigating crimes with suspects still on scene. Officers immediately announce their position by using any light source to illuminate the area while the suspect takes advantage of the darkness. This grant proposal will purchase one handheld `FLIR' (Forward looking infrared) unit which will be assigned to a field patrol car for accessibility to the officers in the field. This particular unit is especially designed for law enforcement and can be deployed immediately instead of slow panning units mounted on the patrol car or kept in the police station. Plainclothes officers are issued personal body armor. During times in which the officers identity needs to be known, we are faced with two options. Purchase vests that readily identify the wearer as a police officer and are designed to be worn over clothing, or a less expensive manner in purchasing vest carriers which identify the wearer as a police officer and is designed to be worn over clothing. The officer is required to take the ballistic panels out of his body armor and insert into this carrier and wear it over instead of under his plain clothing. The carrier is 1/10th the cost of a new vest. We intend to purchase six of these units. The sherifFs portion of funding addresses equipment issues as well. For many years, law enforcement agencies have had access to video recording equipment which provides a basis for recording deputy's actions while interacting with the public. This piece of equipment has become as important as almost any other piece of equipment in the patrol vehicle. Video evidence is collected and officer actions recorded. These videos have aided officers in defending false accusations of misbehavior tremendously more often than showing the officer engaged in questionable conduct. These camera systems have become so valuable to law enforcement; the police department considers a patrol vehicle broken down if the camera is not operational. The camera system requested under this funding will be replacing an older model which has run its life expectancy. CITY OF PARIS, TEXAS, POLICE DEPARTMENT AND LAMAR COUNTY, TEXAS, SHERIFF'S OFFICE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT Amount Requested: $12,096.00 ($7045.00 for the City of Paris and $5,051.00 for Lamar County) CITY OF PARIS, TEXAS, POLICE DEPARTMENT BUDGET NARRATIVE Amount Requested: The City of Paris, Texas, Police Deparhnent is respectfully requesting $7,045.00 of the total funds allocated to the disparate jurisdictions. Budget: Year 1: 1 FLIR Hand held unit $6145.00. 6 Vest carriers $900.00 TOTAL REQUEST $7,045.00 Narrative: The proposed expenditure will allow the City of Paris Police Department to acquire a forward looking infrared handheld device for use in our patrol division. The 6 vest carriers will be used by plain clothes detectives when working crime scenes or when needed for readily being identified as a police officer. LAMAR COUNTY, TEXAS, SHERIFF'S OFFICE BUDGET NARRATIVE Amount Requested: The Lamar County, Texas, Sheriff s Office is respectfully requesting $5,051.00 of the total funds allocated to the disparate jurisdictions. Budget: Year 1 1 Mobile Video Camera System TOTAL REQUEST $5,051.00 Narrative: The proposed expenditure will allow the Lamar County Sheriff s office to provide replacement equipment for their vehicle patrol units by replacing one video camera, GMS APPLICATION NUMBER 2012-H1559-TX-DJ THE STATE OF TEXAS COUNTY OF LAMAR KNOW ALL BY THESE PRESENT INTERLOCAL AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS, AND COUNTY OF LAMAR, TEXAS 2012 BYRNE 1USTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 23rd day of April, 2012, 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 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; 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 and the County are requesting a total grant award of $12,069.00 from the 2012 JAG Grant Program; and, WHEREAS, the CITY agrees to act as fiscal agent and to provide the COUNTY $5,051.00 from the JAG award for the 2012 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. 1 CITY agrees to pay COUNTY a total of $5,051.00 of from the 2012 JAG Program awards received. Section 2. COUNTY agrees to use $5,051.00 for the 2012 Justice Assistance Grant Program until September 30, 2014. Section 3. Nothing in the performance of this Agreement shall impose any liabilityfor 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 S. 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. 2 GMS APPLICATION NUMBER 2012-H1559-TX-DJ (Mandatory) 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 Mayor ATTEST: City Clerk APPROVED AS TO FORM (Contract Authorization): City Attorney 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). COUNTY OF LAMAR, TEXAS County Judge 3