HomeMy WebLinkAboutResolution - 2010-R0441 - Memorandum Of Understanding - Justice Assistance Grant Program Allocation - 09/16/2010Resolution No. 2010-RO441
September 16, 2010
Item No. 5.24
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Memorandum of Understanding, by
and between the City of Lubbock and Lubbock County, regarding the division of the local
allocation of the Fiscal Year 2010 Justice Assistance Grant Program from the United
States Department of Justice, and related documents. Said Memorandum of
Understanding is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council on September 16, 2010
TOM MARTIN, MAYOR
I:r0l *19
Reb ca Garza, City SecretaryQ
APPROVED AS TO CONTENT:
Dae olton, C ief of Police
APPROVED AS TO FORM:
Ainy-"' , l ey
aslccdocs/MOU-COL County.res
630 10
Resolution No. 2010-RO441
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
2010 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
This Agreement is made and entered into this 16th day of September , 2010, 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 $121,469.00 from the JAG
award for the FY2010 JAG LUBBOCK COUNTY JOINT LAW ENFORCEMENT
INITIATIVE 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 follow:
Section 1.
CITY agrees to pay COUNTY a total of $121,469.00 of JAG funds.
Section 2.
COUNTY agrees to use $121,469.00 for the FY2010 JAG LUBBOCK COUNTY JOINT LAW
ENFORCEMENT INITATIVE Program until September 30, 2013.
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.
Section 4.
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 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 LUBBOCK, TEXAS COUNTY OF LUBBOCK, TEXAS
TOM MARTIN, Mayor TOM HEAD, County Judge
ATTEST:
Bec Garza, City Secretary
APPROVED AS TO FORM:
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B. "BENI" HEMMELINE, Asst. District
Attorney
APPROVED AS TO CONTENT:
FI
Dale Holton, Police Chief
APPROVED AS TO FORM:
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*By law, the District Attorney's Office may only advise or approve contracts or legal document
on behalf of other parties. Out view of this document was conducted solely from the legal
perspective of our client. Out 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).
Interlocal Agree-Lubb County-2009JAG Award6.30 10