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HomeMy WebLinkAboutResolution - 2009-R0266 - Interlocal Agreement - Lubbock County - EDM JAG Program - 07_08_2009Resolution No. 2009—RO266 July 8, 2009 Item No. 5.29 RESOLUTION {BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Interlocal Agreement to allow a joint application for the aggregate of funds allocated to Lubbock County from the Bureau of Justice, Office Programs, under the Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Program by and between the City of Lubbock and County lof Lubbock, and all related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. by the City Council this 8th day of July , 2009. TOM MARTIN, MAYOR TTEST: Garza, City Secretary AS TO CONTENT: Dale Holton, Chief of Police APPROVED AS TO FORM: L. gs/ccdocs/Interlocal Agrmnt-JAG Prog.RecoveryAct.res 3.25,09 Resolution No. 2009-RO266 THE STATE OF TEXAS KNOW ALL BY THESE PRESENT COUNTY OF LUBBOCK INTERLOCAL AGREEMENT BETWEEN THE CITY OF LUBBOCK, TEXAS AND COUNTY OF LUBBOCK, TEXAS 2009 RELIEF ACT: BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 8th day of July , 2009, by and between the COUNTY of LUBBOCK, acting by and through its governing body, the Commissioners Court, hereinafter referred to as COUNTY, and the CITY of LUBBOCK, acting by and through its governing body, the City Council, hereinafter referred to as CITY, both of LUBBOCK 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 provide the COUNTY $296,295.00 from the .JAG award for the FY2009 JAG LUBBOCK COUNTY JOINT LAW ENFORCEMENT INITIATIVE PROGRAM: and WHEREAS, the CITY and COUNTY believe it to be in their best interests to re -allocate the JAG funds. NOW THEREFORE, the COUNTY and CITY agree as follow: Section 1. CITY agrees to pay COUNTY a total of $296,295.00 of JAG funds, to the extent said funds are made available to the City. Section 2. COUNTY agrees to use $296,295 for the FY2009 JAG LUBBOCK COUNTY JOINT LAW ENFORCEMENT IMITATIVE Program until February 28, 2013. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against CITY or the COUNTY other than claims for which liability may be imposed by the TEXAS Tort Claims Act. Section 4. 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 5. The parties to this Agreement do not intend for any third party to obtain any right by virtue of this Agreement. 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. Further, this Agreement shall not create any rights in any party not a signatory hereto. CITY OF LUBBOCK, TEXAS TOM MARTIN, Mayor ATTEST: P, 't, -G-v- - BECItY GARZA, City Secretary APPROVED AS TO CONTENT: DALE HOLTON, Police Chief COUNTY OF LUBBOCK, TEXAS TOM HEAD, County Judge ATTEST: 4ntLPF46N, County Clerk APPROVED AS TO FORM: X-My SI �Is5t- Ci ttorney APPROVED AS TO FORM: B.J. " eni" Hemmeline, Deputy District Attorney