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Home My WebLink AboutResolution 2021-043RESOLUTION NO. 2021-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE CITIES OF ARLINGTON, HALTOM CITY, FORT WORTH AND TARRANT COUNTY, FOR THE FY2021 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FORMULA PROGRAM AWARD. WHEREAS, the North Richland Hills Police Department and the Cities of Arlington, Haltom City, Fort Worth, and the Tarrant County Administrator's Office have tentatively approved a Memorandum of Understanding (MOU) providing for the equitable disbursement of allocated funds awarded under the 2021 Byrne Justice Assistance Grant Program; and WHEREAS, the City of North Richland Hills, Texas finds that the performance of this MOU is in the best interests of all 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 MOU. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The City Council hereby finds that the recitals set forth above are true and correct and are incorporated into this Resolution as if written herein. SECTION 2. The City Council of the City of North Richland Hills hereby authorizes and approves the MOU providing for the equitable disbursement of allocated funds awarded under the -2021 Byrne Justice Assistance Grant Program; and to make appointments for the conduct of business relative to allocation. SECTION 3. The City Council of the City of North Richland Hills designates Public Safety Director Jimmy Perdue as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the funding request on behalf of the applicant agency. SECTION 4. The City Council of the City of North Richland Hills agrees that loss or misuse of FY2021 Edward Byrne Memorial Justice Assistance Grant Formula Program Award allocation funds or failure to comply with all funding requirements may result in suspension or termination of award funds, the repayment of award funds, and/or other remedies available by law. Resolution No. 2021-043 Page 1 of 2 SECTION 5. This Resolution shall take effect and be in full force and effect from and after the date of its adoption, and it is so resolved; and all Resolutions of the City Council of the City of North Richland Hills in conflict herewith are hereby amended or repealed to the extent of such conflict. PASSED AND APPROVED on this 13h day of December, 2021. CITY OF/NORTHAI.CHLAND HILLS 0 Mayor ATTEST: 0. Alicia Richardson .?(j�.... ' c,`a��\07 City Secretary/Chief Go9 Officer APPROVED AS TO FORM AND LEGALITY: P;ahp-shhina B. McGinnis, City Attorney APPROVES TO CO Jimy6y,P'erde(e, Public Safety Director Resolution No. 2021-043 Page 2 of 2 CSC No. 57051 CITY SECRETARY CONTRACT NO. 57051 THE STATE OF TEXAS COUNTIES OF TARRANT, DENTON AND WISE KNOW ALL BY THESE PRESENT MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF FORT WORTH, ARLINGTON, HALTOM CITY, NORTH RICHLAND HILLS, AND COUNTY OF TARRANT, TEXAS FY 2021 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FORMULA PROGRAM AWARD This Memorandum of Understanding ("MOU") is made and entered into this 27 th day of January 2022, by and between the COUNTY of TARRANT, acting by and through its duly authorized representative (hereinafter referred to as COUNTY), the CITY of FORT WORTH, acting by and through its duly authorized representative (hereinafter referred to as CITY), and the Cities of Arlington, Haltom City, and North Richland Hills, acting by and through their duly authorized representatives (hereinafter collectively referred to as SUBRECIPIENTS), located entirelywithin the State of Texas, witnesseth: WHEREAS, the governing bodies of City, County, and Subrecipients find that the performance of this MOU is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services orfunctions under this MOU; and WHEREAS, under the FY 2021 Edward Byrne Memorial Justice Assistance Grant (Grant), the Department of Justice (DOJ) has awarded a total of $528,942.00 to be distributed to the parties to this MOU; and WHEREAS, the CITY has agreed to serve as the fiscal agent for the Grant, and distribute all such funds between the cooperating parties; and WHEREAS, the CITY agrees to provide the COUNTY an amount of $87,963.00 from the Grant award; and WHEREAS, ARLINGTON agrees to provide the COUNTY an amount of $38,986.00 from the Grant award; and WHEREAS, HALTOM CITY agrees to provide the COUNTY an amount of $2,698.00 from the Grant award; and WHEREAS, NORTH RICHLAND HILLS agreesto providethe COUNTYan amountof $2,588.00from the Grant award; and WHEREAS, the CITY, SUBRECIPIENTS and COUNTY believe it to be in their best interests to reallocate the Grant funds as set forth herein. NOW THEREFORE, the COUNTY, CITY, and SUBRECIPIENTS agree as follows: Section 1. A breakdown of funds being allocated pursuant to this MOU is set forth in the Table attached as Exhibit A to this MOU. As set forth in Exhibit A, CITY shall make the following reimbursements: MOU between the Cities of Fort Worth, Arlington, Haltom City, North Richland Hills, and the County of Tarrant, Texas FY 21 Byrne Justice Assistance Grant (JAG) CITY agrees to reimburse COUNTY a total of $132,235.00 of Grant funds. This total includes the amounts provided by CITY and SUBRECIPIENTS outlined above. In no event shall County receive more than $132,235.00 under this MOU. CITY agrees to reimburse ARLINGTON a total of $116,958.00 of Grant funds which is the allocation total of $155,944.00 minus 25% to Tarrant County. CITY agrees to reimburse HALTOM CITY a total of $8,095 of Grant funds which is the allocation total of $10,793.00 minus 25% to Tarrant County. CITY agrees to reimburse NORTH RICHLAND HILLS a total of $7,765.00 of Grant funds which is the allocation total of $10,353.00 minus 25% to Tarrant County. Section 2. The above parties agree to utilize their jurisdiction's individual award as outlined in a separate Memorandum of Understanding between the City of Fort Worth and the individual municipality or county. Section 3. It is expressly understood and agreed that, in the execution of this MOU, no party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. Section 4. Each party to this MOU will be responsible for its own actions in providing services under this MOU and shall not be liable for any civil liability that may arise from the furnishing of the services by any other party. This MOU creates no rights in any third party. Section 5. Section 6. As to each individual party, this MOU incorporates by reference the terms and conditions contained in the following three additional documents, as if set forth at length herein: (1) the Memorandum of Understanding between the City of Fort Worth and the individual municipality or county regarding the FY2021 Byrne Justice Assistance Grant; (2) the applicable Grant Award Agreement; and (3) the individual municipality's budget submitted in connection with this grant award. This MOU, including the documents incorporated specifically herein by reference, contains the entire understanding between the parties as to the matters contained herein. Any prior or contemporaneous oral or written agreement or other documents are hereby declared null and void to the extent they may conflict with any provision of this MOU. MOU between the Cities of Fort Worth, Arlington, Haltom City, North Richland Hills, and the County of Tarrant, Texas FY 21 Byrne Justice Assistance Grant (JAG) The signature lines for each subrecipient are being executed on individual pages and are attached as part of the MOU. Section 7. The person signing this MOU hereby warrants that he or she has the legal authority to execute this MOU on behalf of his or her respective Party, and that such binding authority has been granted by proper order, resolution, ordinance, or other authorization of the entity. The other Party is fully entitled to rely on this warranty and representation in entering into this MOU. This MOU may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. Any signature delivered by a party by facsimile or other electronic transmission (including email transmission of a portable document file (pdf) or similar image) shall be deemed to be an original signature hereto. MOU between the Cities of Fort Worth, Arlington, Haltom City, North Richland Hills, and the County of Tarrant, Texas FY 21 Byrne Justice Assistance Grant (JAG) EXHIBIT A Table City- Subrecipient DOJ Allocations Tarrant County Rate % Tarrant County Portion Calculated Allocations Final MOU Amounts Arlington $155,944.00 0.25 $38,986.00 $116,958.00 $116,958.00 Fort Worth $351,852.00 0.25 $87,963.00 $263,889.00 $263,889.00 Haltom City $10,793.00 0.25 $2,698.25 $8,094.75 $8,095.00 North Richland Hills $10,353.00 0.25 $2,588.25 $7,764.75 $7,765.00 Tarrant Count - - $132,235.50 $132,235.50 $132,235.00 Totals $528,942.00 - - $528,942.00 $528,942.00 MOU between the Cities of Fort Worth, Arlington, Haltom City, North Richland Hills, and the County of Tarrant, Texas FY 21 Byrne Justice Assistance Grant (JAG) IN WITNESS WHEROF, the following authorized representatives execute this agreement: CITY OF FORT WORTH, TEXAS By'ter, z_ _ .. Fernando Costa Assistant City Manager APPROVAL RECOMMENDED: . Nam. ��........................... Neil Noakes Chief of Police APPROVED AS TO FORM AND LEGALITY: Taylor Paris Assistant City Attorney ATTEST: T '�l.s...4P(.................... Jannette Goodall City Secretary Date: Jan 27, 2022 M&C No.: 21-0529 Contract No.: 57051 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. 4A�r & Nw&' Angela Miller FWPD Grant Specialist MOU between the Cities of Fort Worth, Arlington, Haltom City, North Richland Hills, and the County of Tarrant, Texas FY 21 Byrne Justice Assistance Grant (JAG) COUNTY OF TARRANT, TEXAS By: Criminal District Attorney's Office MOU between the Cities of Fort Worth, Arlington, Haltom City, North Richland Hills, and the County of Tarrant, Texas FY 21 Byrne Justice Assistance Grant (JAG) CITY OF ARLINGTON, TEXAS By: Jennif kWichman Deputy City Manager X414 , 11-11 --l-I.- ALEX BUSKEN, City Secretary APPROVED AS TO FORM: TERIS SOLIS, City Attorney MOU between the Cities of Fort Worth, Arlington, Haltom City, North Richland Hills, and the County of Tarrant, Texas FY 21 Byrne Justice Assistance Grant (JAG) CITY OF HALTOM CITY, TEXAS Rex Phelps City Manager MOU between the Cities of Fort Worth, Arlington, Haltom City, North Richland Hills, and the County of Tarrant, Texas FY 21 Byrne Justice Assistance Grant (JAG) CITY OF NORTH RICHLAND HILLS, TEXAS BY: ef" Mark Hindman, City Manager Date: T,,)ett"6t4- i(p, ex)-a-1 APPROVED AS TO FORM: Nla=B. McGinnis, City Attorney 7 Date: "1 R I Clk ATTEST: ...... By: Alicia Richardson, City Secretdjy/,, Chief Governance Officer' Date: Ageadallo. MOU between the Cities of Fort Worth, Arlington, Haltom City, North Richland Hills, and the County of Tarrant, Texas FY 21 Byrne Justice Assistance Grant (JAG)