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HomeMy WebLinkAboutResolution - 2005-R0089 - Interlocal Agreement - County Of Lubbock - EBM JAG Fund Allocation - 02/24/2005Resolution No. 2005-RO08S February 24, 2005 Item No. 27 RESOLUTION 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 of Justice Programs, under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program by and between the City of Lubbock and County of 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 24th day of ATTEST: Reb cca Garza, City Secretary Jones, AS TO FORM: ohn M. Knight, A�s{anf Ci&�(Attorney as/CityAtt/John/Resolutions/Interlocal Agreement February 14, 2005 CITY SECRETARY CONTRACT NO. Resolution No. 2005—R0089 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 2005 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 24th day of February , 2005, 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 $145,869.00 from the JAG award for the FY2005 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 $145,869.00 of JAG funds. Section 2. COUNTY agrees to use $145,869.00 for the FY2005 JAG LUBBOCK COUNTY JOINT LAW ENFORCEMENT INITIATIVE Program until October 1, 2008. 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. Page 1 of 2 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 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 A�/Z MARC MCD 7AL, Mayor ATTEST: Rebecca Garza, City Secretary APPROVED AS TO FORM: HN KNIG sst. Cit Attorney COUNTY OF LUBBOCK, TEXAS APPROVED AS TO FORM: B.J. " ENI" HEMMELINE, Asst. 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 by their own respective attorney(s). Page 2 of 2