23-399ORDINANCE NO. 23-399
AN ORDINANCE OF THE CITY OF DENTON APPROVING AND AUTHORIZING THECITY MANAGER TO EXECUTE AN [NTERLOC AL COOPERATION AGREEMENT WITHTHE CITY OF LEWISVILLE, TEXAS, FOR THE TRANSFER TO THE LEWISVILLEPOLICE 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 ANEFFECTIVE 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.
b
C.
The City of Denton: $32,069.
The City of Lewisville: $20,551.
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 202 1 in the amount of $52,620; and
WHEREAS, neither the City ofLewisville 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 itsshare of the JAG Grant in the amount of $20,55 1.00, in the form of a TruNarc Hand-Held Narcotic
Analyzer, kits, and warranty.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
The m,ti,n t, ,pp„,e thi, „dina„,e was made by aSS,, {),tV{$ and
seconded by Chr is Nd\$ , the ordinance was passed and approved bythe following vote U - A :
Aye
V/
P‘
/
F
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 thi, th, als+ day ,f f) ,.,cl,_, 2023.
ZZZIp -GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY 1\111111111
aZ#Za daz
APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY
By: -%'Z-//eU
DocuSign Envelope ID: 7789B604-077B-45F7-96F9-CA14BBEA63BD
INTERLOCAL COOPERATION CONTRACT BETWEEN THE CITY OFDENTON, TEXAS, AND THE CITY OF LEWISVILLE, TEXAS –U.S. DEPARTMENT OF JUSTICE EDWARD BYRNE JUSTICEASSISTANCE 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 791,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 Department1187 Main Street
Lewisville, Texas 75067
Phone: 972-219-3000
AHn: 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 Department601 E. Hickory StreetDenton, TX 76205Phone: 940-919-8181
AHn: Doug Shoemaker, Chief PoliceEmail: Doug.Shoemaker@cityofdenton.com
11.THE AWARDING OF THE DEPARTMENT OF JUSTICE ASSISTANCE GRANT:
On June 8, 2021, the U.S. Department of Justice - Office of Justice Programs - EdwardByrne Justice Assistance Grant (“JAG Grant”) issued Local Solicitation Number O-BJA-2021-135004 for FY 2021 (Exhibit “A”). This program furthers the Department of Justicemission by assisting state, local, and tribal law enforcement efforts to prevent or reducecrime 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:
DocuSign Envelope ID: 7789B604-077B45F7-96F9-CA14BBEA63BD
a.
b
C.
The City of Denton: $32,069.
The City of Lewisville: $20,551.
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 JusticeAssistance (“BJA”).
The City of Denton applied for to this solicitation and was awarded a JAG Grant for FY2021 in the amount of $52,620 (Exhibit “B”). Neither the City of Lewisville nor DentonCounty 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-HeldNarcotic Analyzers, which enable officers to scan more than 498 suspected controlled
substances in a single, definitive test, with clear, definitive results for presumptiveidentification with no user interpretation (Exhibit “C”):
1.
2.
3.
TruNarc, Unlimited 2 Year Warranty, Train 12, English (quantity 1000) at a costof $26, 143.07.
TruNarc, Unlimited 2 Year Warranty, English (quantity 1000) at a cost of$24, 174.31 .
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 JAGGrant ($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 o'f thiapproval of this Agreement by the governing bodies of each City.
2.It is the Parties understanding and agreement that this transfer is permitted bythe JAG Grant and is for a leditimatelaw enforcement purpose. ' -
3.The LPD agrees that it will follow all applicable obligations under the JAG Grantthat extend to the use of the TruNarc Hand-Held Narcotic Analyzer, kits, andwarranty .
4 The LPD agrees that it will not sell or otherwise transfer possession of theTruNarc 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.
DocuSign Envelope ID: 7789B604-077B-£}5F7-96F9-CA14BBEA63BD
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 authoritygranted by the Texas Constitution as a Home Rule Municipality and Chapter 791,Texas Government Code: (2) it has all necessary power and has received alnecessary 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-HeldNarcotic 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 tothe 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 contractingparty 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 governmentalpowers 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 ofpartnership or of joint venture between the Parties. Receiving Party assumes noliability for any Performers Party or Performing Party’s Police actions andperformance, and nothing herein contained shall be construed as limiting in any
DocuSign Envelope ID: 7789B [5F7-96F9-CA14BBEA63BD
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 forsuit 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 byand 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 subjectmatter. This Contract and each of its provisions will be binding on the parties, andmay not be waived, modified, amended. or altered. except by a writing signed by aduly authorized representative of both Parties.
Assignment. This Contract is not transferable or assignable except upon writtenapproval 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 beconstrued as if the invalid, illegal, or unenforceable provisions had never beenincluded
Public Records. It will be the independent responsibility of Receiving Party andPerforming Party to comply with Chapter 552, Government Code (PublicInformation Act), as it applies to the Contracting Parties’ respective information.Receiving Party is not authorized to receive public information requests or take anyaction 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 ,G,ITY OF DENTON, TEXASFQ£i
h H%.,Z9&FgTWWrMIFa–g=Claire Powell, City ManagerCity of Lewisville, Texas City of Denton, Texas
Date:3/g/,3 Date. 3/22/2023
DocuSign Envelope ID: 7789B604-077B-45F7-96F9-CA14BBEA63BD
;&Z.'z’~7 /''’ c
Mack Reinwand, City Attorney
City of Denton, Texas
tk)cuSign
Certificate Of Completion
Envelope Id: 7789B604077B45F796F9CA14BBEA63BD
Subject: Complete with DocuSign: Denton PD - Lewisville PD Intedocal Agreement.pdf
Status: Completed
Source Envelope:
Document Pages: 5 Signatures: 1
Certificate Pages: 1
AutoNav: Enabled
Initials: 0 Ronda Barnes
Envelope Originator:
Envelopeld Stamping: Enabled
901 B Texas Street
Denton, TX 76209
Time Zone: (UTC-06:00) Central Time (US & Canada)ronda.barnes@cityofdenton,com
IP Address: 198.49.140.10
Record Tracking
Status: Original
3/22/2023 11 :25:06 AM
Holder: Ronda Barnes
ronda.barnes@cityofdenton.com
Location: DocuSign
Signer Events
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
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Sent: 3/22/2023 11 :27:19 AM
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Signed: 3/22/2023 12:21 :34 PM
'DocuSigned by:
I SMA He.4l£y
' 523608296270423
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
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