HomeMy WebLinkAbout24-667ORDINANCE NO. 24-667
AN ORDINANCE OF THE CITY OF DENTON APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
CITY OF LEWISVILLE, TEXAS, FOR THE TRANSFER TO LEWISVILLE OF ITS SHARE
($24,596.00) OF THE PROCEEDS OF THE U.S. DEPARTMENT OF JUSTICE – OFFICE OF
JUSTICE PROGRAMS – EDWARD BYRNE JUSTICE ASSISTANCE GRANT (JAG GRANT)
2023; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, On June 30, 2023, the U.S. Department of Justice - Office of Justice Programs
• Edward Byrne Justice Assistance Grant (“JAG Grant”) issued Local Solicitation Number O-B JA-
2023-171790 for Fiscal Year 2023; and
WHEREAS, the JAG Grant program furthers the Department of Justice's mission by assisting
state, local, and tribal law enforcement efforts to prevent or reduce crime and violence; and
WHEREAS, pursuant to this solicitation and in accordance with the 2023 Texas Local JAG
Allocation, Denton County, Texas, the City of Denton, Texas, and the City ofLewisville, Texas,
and the City of the Colony, Texas, were eligible for a JAG Grant totaling $71,615, in the following
amounts :
a.
b.
C.
d.
The City of Denton: $34, 143.
The City of Lewisville: $24,596.
The City of The Colony: $12,876.
Denton County: No amount was specified as Denton County did not submit the
level of violent crime data to qualify for a direct award from the Bureau of Justice
Assistance (“B JA”); and
WHEREAS, The City of Denton applied for this solicitation and was awarded a JAG Grant
for Fiscal Year 2023 in the amount of $71,615; and
WHEREAS, neither the City of Lewisville, the City of The Colony, nor Denton County
applied for this solicitation; and
WHEREAS, although the City of Lewisville, the City of The Colony, and Denton County
did not apply for this solicitation, the City of Denton understood that the funds could be shared
through a Memorandum of Understanding; and
WHEREAS, the Denton Police Department applied for grant funding for the purchase of
outer vest carriers (without ballistic panels), attachments for non-uniformed personnel, and safety
equipment for firearms training; and
WHEREAS, the City of Lewisville Police Department agrees to purchase outer vest
carriers (without ballistic panels), attachments for non-uniformed personnel, and/or safety
equipment for firearms training in an amount not to exceed $24,596.00; and
WHEREAS, the City of Denton will reimburse funds to the City ofLewisville in an amount
not to exceed $24,596.00 once the equipment is purchased and documentation of such purchase is
provided; and
WHEREAS, this agreement is permitted by the JAG Grant and is for a legitimate law
enforcement purpose; and
WHEREAS, the City of Lewisville’s Police Department agrees that it will follow all
applicable obligations under the JAG Grant that extend to the use of equipment purchases; and
WHEREAS, the City of Lewisville will be responsible for its record keeping and
compliance as required by the JAG Grant; and
WHEREAS, the City Council of the City of Denton, in the interest of public safety,
approves this Memorandum of Understanding; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals are hereby incorporated as if set out fully herein.
SECTION 2. The City Manager or their designee is hereby authorized to execute the
Memorandum of Understanding with the City of Lewisville, Texas, attached hereto as Exhibit
“A,” authorizing the reimbursement of JAG Grant funds to Lewisville for the purchase of outer
vest carriers (without ballistic panels), attachments for non-uniformed personnel, and/or safety
equipment for firearms training in an amount not to exceed $24,596.00, and to take that action
necessary to accomplish the intent and purposes stated herein.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by [ B . B'b L 1 and seconded by [ C . b& #11.
The ordinance was passed and approved by the following vote U– 6 – J:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:,/
./
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7
,/
L/
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Vicki Byrd, District 1 :
Brian Beck, District 2:
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED this the 16 h day of April _, 2024.
GERARD HUDSPETH, MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND. CITY ATTORNEY
Digitally ggned by Susin Keller
ON: den can, dc=dty<fdenta\ dc=ndad,
Susan Keller iSa:i!; ST,InT.hn T r emailwsusin.Kelleredty<fdental.can
B y : Dae 2024.0326 14:28:03 45DO'
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DENTON, TEXAS.
AND THE CITY OF LEWISVILLE, TEXAS –
U.S. DEPARTMENT OF JUSTICE EDWARD BYRNE JUSTICE ASSISTANCE GRANT
PROGRAM
This Memorandum of Understanding (MOU) is made and entered into by and between The CITY of
DENTON. TEXAS, and the CITY OF LEWISVILLE, TEXAS (“The Parties”).
I. THEPARTIES:
Receiving Party: City of Lewisville, Texas, by and through its Police Department
("LPD" or “Receiving Party”), a local government of the State of Texas.
Lewisville Police Department
11 87 Main Street
Lewisville, Texas 75067
Phone: 972-219-3000
ABn: Brook Rollins. Chief of Police
Email: brollins@cttyoflewisville.com
Performing Party: City of Denton, Texas, by and through its Police Department
(“DPD” or “Performing Party”), a local government of the State of Texas.
Denton Police Department
601 E. Hickory Street
Denton, TX 76205
Phone: 940-349-8181
Attn: Doug Shoemaker, Chief of Police
Email: Doug.Shoemaker@cityofdenton.com
11.THE AWARDING OF THE DEPARTMENT OF JUSTICE ASSISTANCE GRANT:
On June 30, 2023, the U.S. Department of Justice - Office of Justice Programs - Edward
Byrne Justice Assistance Grant (“JAG Grant”) issued Local Solicitation Number O-BJA-
2023-171790 for FY 2023 (Exhibit “A”). This program furthers the Department of Justice
mission by assisting state, local, and tribal law enforcement efforts to prevent or reduce
crime and violence.
Pursuant to this solicitation and in accordance with the 2023 Texas Local JAG Allocation.
Denton County. Texas, the City of Denton, Texas, the City of Lewisville, Texas, and the
City of the Colony, Texas, were eligible for a JAG Grant totaling $71,615, in the following
amounts:
a. The City of Denton: $34,143.
b. The City ofLewisville: $24,596.
c. The City of the Colony: $12,876.
d. Denton County: No amount was specified as Denton County did not submit the
level of violent crime data to qualify for a direct award from the Bureau of Justice
Assistance (“BJA').
The City of Denton applied for this solicitation and was awarded a JAG Grant for FY 2023
in the amount of $71 ,615 (Exhibit “B”) . Neither the City of Lewisville, the City of the Colony,
nor Denton County applied for this solicitation. Although the City of Lewisville, the City of
the Colony, and Denton County did not apply for this solicitation, the City of Denton
understood that the funds could be shared with them through a Memorandum of
Understanding .
The DPD applied for grant funding for the purchase of outer vest carriers (w/o ballistic
panels), attachments for non-uniformed personnel, & safety equipment for firearms
training .
IV.SERVICES TO BE PERFORMED AND OBLIGATIONS:
1 The LPD agrees to purchase outer vest carriers (w/o ballistic panels),
attachments for non-uniformed personnel, and/or safety bquipment for firearrdi
training not to exceed $24,596. ' ‘
2 The City of Denton will reimburse funds once equipment is purchased and
documentation of purchases are provided by ReceMhg Party.
3.It is the Parties understanding that this MOU is permitted by the JAG Grant and
is for a legitimate law enforcdment purpose.
4.The LPD agrees that it will follow all applicable obligations under the JAG Grant
that extend to the use of equipment purchased.
5.Each Party shall be responsible for its own record keeping and compliance as
required by the JAG Grant.
V.AMOUNT SHARED:
The amount paid to Receiving Party shall not exceed $24,596.
VI.WARRANTIES AND DISCLAIMER:
Each Party warrants (1) it has authority to perform the services under authority granted by
the Texas Constitution as a Home Rule Municipality and Chapter 791, Texas Government
Code; (2) it has all necessary power and has received all necessary approvals to execute
and deliver this MOU. and (3) the representative signing this MOU on Performing Party’s
behalf is authorized by its governing body to do so,
VII. TERM AND TERMINATION:
The term of this MOU (“Term-) shall begin upon execution of this Agreement by both Parties
and shall terminate upon the reimbursement of funds to the Receiving Party. The terms in
Sections IV.3-5. Article VI, Article VIII, and Article X shall survive the termination of this
Agreement until such time as the applicable statute of limitations period has run, taking into
account any applicable tolling principles.
VIII.NO WAIVER OF IMMUNITY:
It is expressly understood and agreed that under this MOU, neither party waives,
nor shall be deemed to waive, any immunity or defense that would otherwise be
available to it against claims arising in the exercise of governmental powers and
functions.
IX.INDEPENDENT CONTRACTOR:
Nothing contained tnrein shall be deemed or construed by the Parties, nor by any
third party, as creating the relationship of principal and agent or of partnership or of
joint venture between the Parties. Receiving Party assumes no liability for any
Performing Party’s agents, servants, employees, or representatives or Performing
Party’s Police actions and performance. and nothing herein contained shall be
construed as limiting in any way the extent to which the Performing Party’s agents,
servants, employees, or representatives or the Performing Party’s Police(s) may
be held liable for damages to persons or property resulting from the Receiving
Party’s Officer(s) performance of the services covered under this MOU.
X. ADDITIONALTERMS ANDCONDITIONS:
Venue; Governing Law. Denton County Texas will be the proper place of venue for
suit on or in respect of this MOU. This MOU, all of its terms and conditions, all rights
and obligations of the parties, and all claims arising out of or relating to thb MOU. will
be oonstruod, interpreted and applied in accordance with, governed by and enforced
under, the laws of the State of Texas.
Entire Agreement; Modifications. This MOU supersedes all prior agreements,
written or oral, between Performing Party and Receiving Party and will constitute the
entire agreement and understanding between the parties with respect to its subject
matter. This MOU and each of its provisions will be binding on the Parties, and may
not be waived, modified, amended, or altered, except by a writing signed by a duly
authorized representative of both Parties.
Assignment. This MOU is not transferable or assignable except upon written
approval by the Parties.
Severability. If any one or more of the provisions of this MOU will for any reason be
held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality or
unenforceability will not affect any other provision, and this MOU will be construed as
if the invalid. illegal, or unenforceable provisions had never been included.
Public Records. It will be the independent responsibility of Receiving Party and
Performing Party to comply with Chapter 552, Texas Government Code (Public
Information Act), as it applies to the Parties’ respective information. Receiving Party
is not authorized to receive public information requests or take any action under the
Public Information Act on behalf of Performing Party. Likewise, Performing Party is
not authorized to receive public information requests or take any other action under the
Public Information Act on behalf of Receiving Party.
Notice. Any notice, cornmunication, invoice or report required or permitted pursuant
to this Agreement shall be in writing and shall be effective when emailed, personally
delivered, or three (3) days after being mailed by United States Mail, certified, return
receipt requested, to the respective Parties at the address set forth in Section 1. Any
party may change its address by giving notice to the other party.
FOR THE CITY OF LEWISVILLE, TEXAS FOR THE CITY OF DI roN, TEXAS
r/
ClaP;To'hea
City of Lewisville, Texas
HmMM
City of Denton, Texas
.2 1 /H /70.i’'/Date:
APPROVED AS TO FORM AND CONTENT:
By
yi::tf LeE?!STCity Attorney
b, Texas
By:
Mack Reinwand, City Attorney
City of Denton, Texas