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09-C RRV Drug Task Force DRAFT f:attorney\reswork\current\R.RV DTF Grant App Res October 18, 2005 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING A GRANT APPLICATION TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, FOR A RED RIVER VALLEY DRUG TASK FORCE GRANT IN THE AMOUNT OF $369,861.00, WITH THE CITY OFP ARIS PROVIDING $44,965.00 IN MATCHING FUNDS; AUTHORIZING THE EXECUTION OF AN INTERAGENCY AGREEMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND D ECLARIN G AN EFFECTIVE D ATE. WHEREAS, the City Council finds it to be in the best interests of the citizens of the city of Paris, Texas, that the Red River Valley Drug Task Force be operated for the year beginning October 1,2005, and ending March 31,2006; and, WHEREAS, the City Council of the City of Paris has considered the proposed application for State and Federal Assistance for said project, in the amount of$369,861.00, to be submitted to the Office of the Governor, Criminal Justice Division; and, WHEREAS, the City Council of the City of Paris has agreed to provide matching monies for the said project in the amount of $44,965.00; and, WHEREAS, the City Council of the City of Paris has agreed 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; 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 action of City Council; and, WHEREAS, in conjunction with said grant application, it is deemed appropriate that the City of Paris and the City of Sulphur Springs, the Counties of Lamar, Hopkins, and Delta, and the 8th Judicial District Attorney for Delta, Hopkins and Franklin Counties enter into a Contract agreeing to be bound by the requirements of said grant; and, WHEREAS, the form of the Contract, attached hereto as Exhibit A, should, in all things, be approved, and the City Manager should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: T I Section 1. That the fmdings set out in the preamble to this resolution are hereby in all things approved. Section 2. That submission of a grant application for the Red River Valley Drug Task Force to the Office of the Governor, Criminal Justice Division, be, and the same is hereby, approved for the project entitled "Red River Valley Drug Task Force" for the period beginning October 1, 2005, and ending March 31, 2006, in the total amount of $414,826.00, same being federal funds totaling $369,861.00 and local matching funds totaling $44,965.00, said local matching funds being divided by five (5) entities, with the City of Paris's share of such matching funds being $8,993.00. Section 3. 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, the application for grant under the terms and conditions and in the form approved by the City Attorney. Section 4. That the Chief of Police be, and he is hereby, appointed as Project Director and is hereby authorized 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 5. 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 purposes of the Red River Valley Drug Task Force. Section 6. That the City Manager, the Chief of Police, and any other appropriate City officials are hereby authorized to execute any and all necessary documents incident to the grant application approved herein and to apply for, accept, reject, alter, or terminate the grant. Section 7. That the Mayor, City Manager, Chief of Police, 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 thereofby the Office of the Governor, Criminal Justice Division, 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 the form of the Contract between the City of Paris and the City of Sulphur Springs, the Counties of Lamar, Hopkins, and Delta, and the 8th Judicial District Attorney for Delta, Hopkins and Franklin Counties wherein the agencies agree to be bound by the requirements of said grant, attached hereto as Exhibit A, be, and the same is hereby, approved. Section 9. That the City Manager be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Interagency Agreement, under the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 10. That this resolution shall be effective from and after its date of passage. T I PASSED AND APPROVED this 24th day of October, 2005. Curtis Fendley, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney T I CONTRACT STATE OF TEXAS § § COUNTY OF LAMAR This Agreement is entered into by and between the COUNTY OF LAMAR, COUNTY OF HOPKINS, and COUNTY OF DELTA, political subdivisions of the State of Texas, hereinafter referred to as the "the Counties", the CITY OF PARIS, PARIS, TEXAS, a municipal corporation situated in Lamar County, Texas, and the CITY OF SULPHUR SPRINGS, SULPHUR SPRINGS, TEXAS, a municipal co%?ration situated in Hopkins County, Texas, hereinafter referred to as "the Cities", and the 8 JUDICIAL DISTRICT ATTORNEY FOR DELTA, HOPKINS AND FRANKLIN COUNTIES, pursuant to Chapter 791 of the Texas Government Code, concerning interlocal cooperation contracts. WITNESSETH: WHEREAS, the Counties and the Cities wish to file a joint grant application with the Criminal Justice Division of the State of Texas, for total funding (including matching funds) in the amount of $ 414,826.00 for the period to commence October 01, 2005, and to continue six (6) months as the Red River Valley Drug Task Force; and, WHEREAS, each entity has agreed to contribute matching funds as set out herein if said joint application is approved; and, WHEREAS, the source of funds would not normally be used for this purpose; and, WHEREAS, the Counties and the Cities believe it to be in their best interests to join in the application to develop a Red River Valley Drug Task Force; and, WHEREAS, the Counties and the Cities agree to each accept the responsibility to adhere to all pertinent federal, state, and local laws or regulations; NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to allow the City of Paris to file joint application for an Edward Byrne Memorial Fund Program Grant with the Criminal Justice Division, which creates the Red River Valley Drug Task Force, which application is attached hereto as . " Page 1 of9 EXHIBIT A T I 2.01 3.01 4.01 T Exhibit "A" and made a part hereof for- all purposes, and which will be submitted to the Governor's Office, Criminal Justice Division. ARTICLE II TERM The term of this Agreement is to commence on the execution of this Agreement and to end on March 31, 2006. ARTICLE ill CONSIDERATION As consideration for this Agreement, the Counties and the Cities agree to contribute a total of $ 44,965.00 in matching funds for the enhancement of the Red River Valley Drug Task Force in the amount as follows: Hopkins County $ 8,993.00 $ 8,993.00 $ 8,993.00 $ 8,993.00 Lamar County City of Paris City of Sulphur Springs 8th Judicial District Attorney $ 8,993.00 ARTICLE IV ALLOCATION OF FUNDS The specific allocation of the Counties' and the Cities' funds is set out in the attachment to this Agreement, marked as Exhibit "A", and made a part hereof for all purposes. ARTICLE V OWNERSIDP OF EQUIPMENT, . " Page 2 of 9 I 5.01 6.01 7.01 8.01 T Upon tennination of this Agreement, ownership of equipment, hardware, and other non- expendable items will revert to the applicant for which it was acquired, subject to the approval of the Criminal Justice Division of the Governor's Office. AR TI CLE VI AMEND MENTS This Agreement may be amended by the mutual Agreement of the parties hereto in writing to be attached to and incorporated into this Agreement. ARTICLE VII LEGAL CONSTRUCTION In case anyone or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE VIII ENTIRE AGREEMENT This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement, which is not contained herein, shall be valid or binding. .. '" Page 3 of 9 I EXECUTED IN MULTIPLE ORIGINALS, EACH-OF wmCH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, ON TIDS THE DAY OF . CITY OF PARIS, PARIS, TEXAS Tony N. Williams, City Manager ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney Page 4 of9 T I EXECUTED IN MULTIPLE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, ON TillS THE DAY OF . CITY OF PARIS, PARIS, TEXAS Tony N. Williams, City Manager ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney , ~ .. " Page 4 of 9 T I EXECUTED IN MULTIPLE ORIGINALS, EACH OF wmCH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, ON TillS TIlE DAY OF . CITY 0 FP ARIS, PARIS, TEXAS Tony N. Williams, City Manager ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney Page 4 of 9 T I EXECUTED IN MULTIPLE ORIGINALS, EACH OF wmCH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, ON TillS TIlE DAY OF . CITY OF PARIS. PARIS. TEXAS Tony N. Williams, City Manager ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney " Page 4 of9 T I EXECUTED IN MULTIPLE ORIGINALS, EACH OF wmCH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, ON TillS THE DAY OF . CITY OF PARIS, PARIS, TEXAS Tony N. Williams, City Manager ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney " Page 4 of9 T I EXECUTED IN MULTIPLE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, ON TIDS THE . DAY OF . ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney Page 4 of9 T I CITY OF PARIS, PARIS, TEXAS Tony N. Williams, City Manager " ',.