24-244 INCOMPLETEORDINANCE NO. 24-244
AN ORDINANCE OF THE CITY OF DENTON APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
CITY OF THE COLONY, TEXAS, FOR THE TRANSFER TO THE COLONY OF ITS SHARE
($12,876.00) 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-BJA-
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 of Lewisville, 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 $7 1,615; 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 the Colony’s Police Department agrees to purchase outer vest
carriers (without ballistic panels), attachments for non-uniformed personnel, and/or safety
equipment for firearms training not to exceed $12,876.00; and
WHEREAS, the City of Denton will reimburse funds to the City of The Colony once
equipment is purchased and documentaeration 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 the Colony’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 The Colony will be responsible for its record keeping and
compliance as required by the JAG Grant.
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 The Colony, Texas, attached hereto as Exhibit
“A,” authorizing the reimbursement of JAG Grant funds to The Colony 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 $12,876.00, 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 [6 k, llp,+L 1 and seconded by [B C-+x hEad.
The ordinance was passed and approved by the following vote K– O – J :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:/
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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:a
PASSED AND APPROVED thi, th, f+h d,y ,f MArc,\-. 2024.
UDSFETH, MAYOR
ATTEST:
JESUS SALAZAR, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
DigRalV ggned ty Susan Kell6
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
DENTON, TEXAS, AND THE CITY OF THE COLONY, 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 the Colony, Texas (“The Parties”).
I. THEPARTIES:
Receiving Party: City of the Colony, Texas, by and through its Police Department
("CPD" or “Receiving Party”), a local government of the State of Texas.
The Colony Police Department
5151 N Colony Blvd
The Colony, Texas 75056
Phone: 972-625-1887
AHn: David Coulon, Chief of Police
Email: dcoulon@thecolonytx.gov
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: 940-349-7998
AHn: Bryan Cose, Interim Chief of Police
Email: Bryan.Cose@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.
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 date 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 CPD agrees to purchase outer vest carriers (w/o ballistic panels),
attachments for non-uniformed personnel, and/or safety equipment for firearms
training not to exceed $12,876.
2.The City of Denton will reimburse funds once equipment is purchased, and
documdnts are provided.
3.It is the Parties understanding that this agreement is permitted by the JAG Grant
and is for a legitimate law en–forcement purpose.
4.The CPD 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 The City of Colony shall not exceed $12,876.
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 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:
1. 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 herein 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
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 MOU.
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 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 this MOU, 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 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.
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, 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.
FOR THE CITY OF THE COLONY, TEXAS FOR THE CITY OF DENTON, TEXAS
ity ManagerTroy Ba
CW#6 Colony, Texas
Sara Hensley, City Manager
City of Denton, Texas
Date:O \-OZ' +b2'}Date:
APPROVED AS TO FORM AND CONTENT:
By: c k i?::::L :::: p I: o :: C :\
City of Denton, Texas
By:
JefrMoore, City 4ttorney
Citbof the Colo d. Texas