12 - 2015 JAG GRANT AMENDED INTERLOCAL AGREEMENTItem No. 12
memorandum
TO: City Council
John Godwin, City Manager
FROM: Bob Hundley, Chief of Police
SUBJECT: 2015 JAG GRANT AMENDED INTER LOCAL AGREEMENT
DATE: November 5, 2015
BACKGROUND: This item was brought before council in May of this year. Council approved
the application and Interlocal agreement for the 2015 JAG grant which is shared with the Lamar
County Sheriff's Office.
STATUS OF ISSUE: This grant was approved and awarded to the city of Paris on September
1st. The grant funds are going to be used by the police department to procure a `drone'. A drone
is on the DOJ list of controlled expenditures. We submitted our justification letter required for a
controlled equipment expenditure in the grant application which was approved and awarded. We
received an e -mail from the justice department requesting that the Interlocal agreement have a
statement included that the funds are being used for a drone, a controlled expenditure. We have
added that verbiage to the ILA.
BUDGET: There is no impact to the budget. All monies received through the grant will be spent
for equipment budgeted in the grant.
RECOMMENDATION: Approve the amended Interlocal agreement.
Draft
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING THE INTERLOCAL AGREEMENT WITH LAMAR COUNTY FOR
THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
PROGRAM, GMS APPLICATION NUMBER 2015- H4184 -TX -DJ TO
INCLUDE THE USE OF THE FUNDS BY THE CITY FOR THE PURCHASE OF
A FEDERALLY CONTROLLED EXPENDITURE, A DRONE; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on July 13, 2015 the City Council of the City of Paris approved
Resolution No. 2015 -030 ; and,
WHEREAS, the City of Paris and Lamar County were notified of the availability of
$12,237.00 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 processed a grant application in the
amount of $12,237.00 of which the City will retain 50% ($6,118.50) of the JAG Grant funds
to purchase a federally controlled device, to wit: a drone. This device will be used for
photography of crime scenes, searching for missing people or criminal suspects; and,
WHEREAS, fifty percent 50% ($6,118.50) of the JAG Grant funds received will be
paid over to Lamar County to be used for law enforcement purposes; and,
WHEREAS, the City has been notified that the Grant has been approved with the
stipulation that we amend the original Interlocal Agreement to add that City funds will be
used for a federally controlled expenditure, a drone; and;
WHEREAS, the City Council hereby authorizes and accepts the Interlocal Agreement
with Lamar County for the Justice Assistance Grant (JAG) Program as amended and
attached hereto as Exhibit "A ".
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 Interlocal Agreement with Lamar County for the Justice
Assistance Grant (JAG) Program be amended as attached hereto in Exhibit "A ".
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 16th day of November, 2015.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
GMS APPLICATION NUMBER 2015- H4184 -TX -DJ
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENT
COUNTY OF LAMAR
FIRST AMENDED INTERLOCAL AGREEMENT
BETWEEN THE CITY OF PARIS, TEXAS, AND COUNTY OF LAMAR, TEXAS
2015 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
This Agreement is made and entered into this _ day of , 2015, by and between the
COUNTY OF LAMAR, TEXAS acting by and through its governing body, the Commissioners Court,
hereinafter referred to as COUNTY, and the CITY OF PARIS, TEXAS acting by and through its
governing body, the City Council, hereinafter referred to as CITY, both of Lamar County, State of
Texas, witnesseth:
WHEREAS, on or about July 13th, 2015, the CITY entered into an Interlocal Agreement with
the COUNTY to make a joint application for a 2015 Edward Byrne Memorial Justice Assistance
Grant in the amount of $12,237.00; and
WHEREAS, the U.S. Justice Department has requested the parties to amend their Interlocal
Agreement to state that the CITY will be using its portion of the 2015 JAG award funds to purchase
a federally controlled device, to wit: a drone; for law enforcement purposes.
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 will make application for a 2015 Byrne Justice Assistance Grant on
behalf of the City of Paris and Lamar County; and,
WHEREAS, the CITY agrees to act as fiscal agent and to provide the COUNTY $6,118.50 from
the JAG award for the 2015 Justice Assistance Grant Program; and,
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NOW THEREFORE, the COUNTY and CITY agree as follows:
Section 1.
CITY will retain 50% ($6,118.50) of the JAG Grant funds to purchase of a federally controlled
expenditure, to wit: a drone.
Section 2.
CITY agrees to pay COUNTY a total of $6,118.50 from the 2015 JAG Grant funds received.
Section 3.
COUNTY agrees to use the $6,118.50 for the Sheriff's department purchase of equipment for the
patrol and jail divisions.
Section 4.
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 S.
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 6.
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 7.
The parties to this Agreement do not intend for any third party to obtain a right by virtue of this
Agreement. Neither party waives its Sovereign or Governmental Immunity by executing this
Agreement.
Section 8.
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.
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CITY OF PARIS, TEXAS
Mayor
ATTEST:
Janice Ellis, City Clerk
COUNTY OF LAMAR, TEXAS
County Judge
Russ Towers, County Clerk
APPROVED AS TO FORM (Contract Authorization):
W. Kent Mcllyar, City Attorney
Gary Young, 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 forthe benefit of our client. Other parties should
not rely on this approval and should seek review and approval bytheir own respective attorney(s).
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