Consent Item D. (23-399) -Updated Exhibit 2 - Ordinance and Agreement ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH
THE CITY OF LEWISVILLE, TEXAS, FOR THE TRANSFER TO THE LEWISVILLE
POLICE DEPARTMENT ITS SHARE ($20,551.00) OF THE PROCEEDS OF THE U.S.
DEPARTMENT OF JUSTICE — OFFICE OF JUSTICE PROGRAMS — EDWARD BYRNE
JUSTICE ASSISTANCE GRANT (JAG GRANT), IN THE FORM OF TRUNARC HAND-
HELD NARCOTIC ANYLZER, KITS, AND WARRANTY; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, On June 8,2021, the U.S. Department of Justice - Office of Justice Programs
-Edward Byrne Justice Assistance Grant("JAG Grant")issued Local Solicitation Number O-BJA-
2021-135004 for FY 2021; and
WHEREAS, this program furthers the Department of Justice 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 2021 Texas Local JAG
Allocation, Denton County, Texas, the City of Denton, Texas, and the City of Lewisville, Texas,
were eligible for a JAG Grant totaling $52,620, in the following amounts:
a. The City of Denton: $32,069.
b. The City of Lewisville: $20,551.
c. Denton County: No amount was specified as Denton County did not submit the
level of violent crime date to qualify for a direct award from the Bureau of Justice
Assistance ("BJA"); and
WHEREAS,The City of Denton applied for this solicitation and was awarded a JAG Grant
for FY 2021 in the amount of$52,620; and
WHEREAS,neither the City of Lewisville nor Denton County applied for this solicitation;
and
WHEREAS, although the City of Lewisville 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 spent $52,618.38 of the Grant to purchase
TruNarc Hand-Held Narcotic Analyzers, which enable officers to scan more than 498 suspected
controlled substances in a single, definitive test, with clear, definitive results for presumptive
identification with no user interpretation; and
WHEREAS, the Lewisville Police Department has requested that the Denton Police
Department transfer to it its share of the proceeds of the JAG Grant ($20,551.00) in the form of a
TruNarc Hand-Held Narcotic Analyzer, kits, and warranty, for use by the Lewisville Police
Department for narcotic enforcement purposes; and
WHEREAS, this transfer is permitted by the JAG Grant and is for a legitimate law
enforcement purpose; and
WHEREAS, the City Council of the City of Denton, in the interest of public safety,
approves this transfer in the form an Interlocal Cooperation Agreement; 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
Interlocal Cooperation Agreement with the City of Lewisville, Texas, attached hereto as Exhibit
"A,"authorizing the Denton Police Department to transfer to the Lewisville Police Department its
share of the JAG Grant in the amount of$20,551.00,in the form of a TruNarc Hand-Held Narcotic
Analyzer, kits, and warranty.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by and
seconded by , the ordinance was passed and approved by
the following vote [ - 1:
Ave Nay Abstain Absent
Gerard Hudspeth,Mayor:
Vicki Byrd,District 1:
Brian Beck,District 2:
Jesse Davis, District 3:
VACANT,District 4:
Brandon Chase McGee,At Large Place 5:
Chris Watts,At Large Place 6:
PASSED AND APPROVED this the day of , 2023.
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY:
EXHIBIT"A"
INTERLOCAL COOPERATION CONTRACT BETWEEN THE CITY OF
DENTON, TEXAS, AND THE CITY OF LEWISVILLE, TEXAS —
U.S. DEPARTMENT OF JUSTICE EDWARD BYRNE JUSTICE
ASSISTANCE GRANT PROGRAM
This Interlocal Cooperation Contract (Contract) is entered into by and between
Contracting Parties pursuant to authority granted in and in compliance with Chapter 7911
Government Code.
I. CONTRACTING PARTIES:
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
1187 Main Street
Lewisville, Texas 75067
Phone: 972-219-3000
Attn: Kevin Deaver, Chief of Police
Email: kdeaver@cityoflewisville.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 Police
Email: Doug.Shoemaker(a)_cityofdenton.com
II. THE AWARDING OF THE DEPARTMENT OF JUSTICE ASSISTANCE GRANT:
On June 8, 2021, the U.S. Department of Justice - Office of Justice Programs - Edward
Byrne Justice Assistance Grant ("JAG Grant") issued Local Solicitation Number O-BJA-
2021-135004 for FY 2021 (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 2021 Texas Local JAG Allocation,
Denton County, Texas, the City of Denton, Texas, and the City of Lewisville, Texas, were
eligible for a JAG Grant totaling $52,620, in the following amounts:
a. The City of Denton: $32,069.
b. The City of Lewisville: $20,551.
c. Denton County: No amount was specified as Denton County did not submit the
level of violent crime date to qualify for a direct award from the Bureau of Justice
Assistance ("BJA").
The City of Denton applied for to this solicitation and was awarded a JAG Grant for FY
2021 in the amount of $52,620 (Exhibit "B"). Neither the City of Lewisville nor Denton
County applied for this solicitation. Although the City of Lewisville 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 spent $52,618.38 of the Grant to purchase the following TruNarc Hand-Held
Narcotic Analyzers, which enable officers to scan more than 498 suspected controlled
substances in a single, definitive test, with clear, definitive results for presumptive
identification with no user interpretation (Exhibit "C"):
1. TruNarc, Unlimited 2 Year Warranty, Train 12, English (quantity 1000) at a cost
of $26,143.07.
2. TruNarc, Unlimited 2 Year Warranty, English (quantity 1000) at a cost of
$24,174.31.
3. TruNarc Kit, Type H, 100, ENG (quantity 4000) at a cost of $2,300.00)
III: THE TRANSFER OF ASSETS TO THE CITY OF LEWISVILLE POLICE DEPARTMENT
The LPD has requested that the DPD transfer to it its share of the proceeds of the JAG
Grant ($20,551.00) in the form of a TruNarc Hand-Held Narcotic Analyzer, kits, and
warranty, for use by the LPD for narcotic enforcement purposes.
IV. SERVICES TO BE PERFORMED AND OBLIGATIONS:
1. The DPD agrees to transfer to the LPD a TruNarc Hand-Held Narcotic Analyzer,
kits, and warranty, with a value of $20,551 within ten (10) business days of the
approval of this Agreement by the governing bodies of each City.
2. It is the Parties understanding and agreement that this transfer is permitted by
the JAG Grant and is for a legitimate law enforcement purpose.
3. The LPD agrees that it will follow all applicable obligations under the JAG Grant
that extend to the use of the TruNarc Hand-Held Narcotic Analyzer, kits, and
warranty.
4. The LPD agrees that it will not sell or otherwise transfer possession of the
TruNarc Hand-Held Narcotic Analyzer, kits, or warranty, to a third-party
(meaning an entity other than the LPD) unless such sale or transfer is
authorized by the JAG Grant.
5. Each Party shall be responsible for its own record keeping and compliance as
required by the JAG Grant.
V. CONTRACT AMOUNT
There shall be no charge to the City of Lewisville for the transfer of the TruNarc Hand-
Held Narcotic Analyzer, kits, or warranty. Any other payments which might be made
for the performance of governmental functions or services under this Agreement shall
be made from current revenues available to the paying party (See GC 791.011(d)(2).
VI. WARRANTIES AND DISCLAIMER:
1. 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 Contract, and (3) the
representative signing this Contract on Performing Party's behalf is authorized
by its governing body to do so.
2. The DPD hereby transfers and assigns the manufacturer's warranty to the LPD.
The DPD makes no other representation or warranty as to the TruNarc Hand-Held
Narcotic Analyzer, kits, or warranty, and their fitness for a particular purpose,
merchantability, workmanship, manufacture, or otherwise.
VII. TERM AND TERMINATION:
1. Except as provided in Paragraph 2, this Interlocal Agreement terminates once
the TruNarc Hand-Held Narcotic Analyzer, kits, and warranty, are transferred to
the LPD.
2. 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 Contract neither contracting
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 herein shall be deemed or construed by the Contracting 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 Performers Party 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 or the Performing Party's Police(s)
may be held Damages to persons or property resulting from the Receiving Party's
Officer(s) performance of the work covered under this Contract.
X. ADDITIONAL TERMS AND CONDITIONS:
Venue; Governing Law. Denton County Texas will be the proper place of venue for
suit on or in respect of this Contract. This Contract, all of its terms and conditions, all
rights and obligations of the parties, and all claims arising out of or relating to this
Contract, will be construed, interpreted and applied in accordance with, governed by
and enforced under, the laws of the State of Texas.
Entire Agreement; Modifications. This Contract 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 Contract 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 Contract is not transferable or assignable except upon written
approval by Contracting Parties.
Severability. If any one or more of the provisions of this Contract 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 Contract 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, Government Code (Public
Information Act), as it applies to the Contracting 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.
FOR THE CITY OF LEWISVILLE, TEXAS FOR THE CITY OF DENTON, TEXAS
Claire Powell, City Manager Sara Hensley, City Manager
City of Lewisville, Texas City of Denton, Texas
Date: Date:
APPROVED AS TO FORM:
Lizbeth Plaster, City Attorney Mack Reinwand, City Attorney
City of Lewisville, Texas City of Denton, Texas