ORDER N0. 23673 AP'P'ROVAL OF RESOLUTION OF THE COMMISSIONERS' COURT OF KERR COUNTY TO RGF'LY FOR FINANCIAL RSSISTRNCE FROM THE CRIMINAL JUSTICE DIVISION OF THE STATE OF TEXAS On this the 29th day of October 1996, upon motion made by Commissioner Oehler, seconded by Commissioner Lackey, the Court unanimously approved by a vote of 5-0-0, the Resolution of the Commissioners' Court of Kerr County to Apply for Financial Rssistance from the Criminal Justice Division of the State of Texas to Contin~.~e the Large Scale Assault on Drug Rbuse in our Communities and authorize the County Judge to sign appropriate documents. KERR COUNTY COURT ORDER #23673 A RESOLUTION OF THE COMMISSIONERS COURT OF KERR COUNTY TO RF'GLY FOR FINANCIAL ASSISTRNCE FROM THE CRIMINAL JUSTICE DIVISION OF THE STATE OF TEXAS TO CONTINUE THE LRRGE SCRLE RSSRULT ON DRUG RBUSE IN OUR COMMUNTTIES. WHEREAS, In 1987, the 216th Judicial District Narcotics Task Far^ce was established for a five county Narcotics Enforcement Team comer-ised of Kerr, Bander•a, Kendall, Kimble and Gillespie Co~.inties; City of Kerr-ville, City of Ingram, City of Bander^a, City of Poerne, and City of Freder^icksburg all of which are members of the Rlamo Rrea Council of Governments and comprise the 216th District Court under the direction of District Attor-ney E. Rr^~_~ce Curry; and WHEREAS, since December 1987, the 216th Judicial District Narcotics Task Force has aver^aged 19 narcotic arrests per month and seized narcotics valued at over 57,139,529.00; and seized assets valued over 5843,161.00. WHEREAS, the 216th Judicial District Narcotics Task Force has shown it can produce results that ar^e tangible; and WHEREAS, the 216th Judicial District and its I.aw enforcement agencies desperately need financial assistance from the Criminal Justice Division of the State of Texas to continue the large scale assault on the drug problems; and WHEREAS, contimied funding is also needed to educated our p~.iblic in the dangers of dr^ugs, and to attack the dr~.ig problem as it exists in our community as the 216th Judicial District Narcotics Task For-ce has presented their drug program to organizations/schools involving aver 3,188 persons. NOW, THEREFORE, 8E IT RESOLVED 8Y THE COMMISSIONERS COURT OF KERR COUNTY; That Kerr County hereby joins in the grant application with the Criminal Justice Division of the State of Texas in the amount of $608,545.00 in the or^der to maintain the 16th Judicial District Narcotics Task Force; and That the cash match (being 25;1 of total grant) in the amount of $152,136.25 will be participated in by Kerr County using program income accumulated to date by the 216th Judicial District Narcotics Task Force, fringe benefits for participating employees from Kerr County serving an the Task Force ($10,007.07) and par^ticipation through 216th Judicial District Rttorney budget ($21,159.04) based on final awarding of grant application. REPROVED this the 29th day of October^, 1996 /s/Robert R. Denson /t/Robert R. Denson Kerr County Judge RTTEST: /s/Patr^icia Dye, /t/Patricia Dye, County Clerk Reproved as to Form: /s/David Motley /t/David Motley County Attorney Order No. 23673 Appro~~al of resolution of the Commissioners' Court of Kerr County to apply for financial assistance from the Criminal Justice Division of the State of Texas October 29, 1996 Vol U pg 753 C~~p~'( FUNDING PARTICIPATION AGREEMENT AMONG MEMBER AGENCIES OF THE 216"' JUDICIAL DISTRICT NARCOTICS TASK FORCE This Agreement is entered pursuant to Chapter 791 of the Texas Government Code by and among Kerr County, Gillespie County, Bandera County, Kendall County, and Kimble County, each of which is a political subdivision of the State of Texas located within the 216`s Judicial District of the State of Texas (hereinafter referred to collectively as "Counties"), and the City of Kerrville, Texas, the City of Ingram, Texas, the City of Bandera, Texas, the City of Boerne, Texas, and the City of Fredericksburg, Texas, each of which is a municipal corporation located within the 216`" Judicial District of the State of Texas (hereafter collectively called "Cities"). WITNESSETH WHEREAS, the Counties and Cities wish to file a joint grant application with the Criminal Justice Division of the Governor's Office, State of Texas for funding in the amount of $609,872.00 to fund the operation of the 216`s Judicial District Narcotics Task Force ("the Task Force"), and WHEREAS, the Counties and Cities must agree to contribute the total of $152,470.00 in local matching funds if said joint application is to be approved; and WHEREAS, the source of funds would not normally be used for this purpose; and WHEREAS, the Counties and Cities believe it to be in the public interest to join in an application for a grant to continue the operation of a regional narcotic task force; and WHEREAS, the Counties and Cities agree to each accept the responsibility to adhere to all pertinent federal, state and local laws or regulations; NOW, THEREFORE, for and in consideration of the promises made herein, one to the other,. it is hereby agreed by the Counties and Cities as follows: PURPOSE: The purpose ofthis Agreement is to establish the pazameters by which the Counties and Cities agree to file a joint application for a Narcotics Task Force Grant with the Criminal Justice Division, of the Governor's Office of the State of Texas, for funding for the 216` JUDICIAL DISTRICT NARCOTICS TASK FORCE for the period of June 1, 1997, to May 31, 1998, a copy of which application is attached hereto as Exhibit "A" and made a pars hereof for all purposes. 2. APPLICATION FOR GRANT: The Counties and Cities hereby acknowledge and agree that the City of Kemille, Texas, shall be authorized to apply for the grant for the Task Force described in Section 1, above, on behalf of the Counties and Cities, and that the City of Kenviile, Texas, shall make said application in reliance on all of the Counties and Cities performing as agreed herein. TERM: The term of this Agreement is to commence on the execution of this Agreement and to end May 31, 1998. 4. CONSIDERATION: As consideration of this Agreement, Counties and Cities agree to contribute a total of $152,136.25 in local matching funds as required by the grant in the amounts as follows: FUNDING SOURCE AMOUNT FUNDING SOURCE AMOUNT Program Income $6,000 Bandera County $14,456 City of Boerne $7,649 Gillespie County $19,436 City of Fredericksburg $18,060 Kendall County $7,817 City of Ingram $7,480 Ken County $31,166 City of Kerrville $33,523 Kimble County $12,246 ALLOCATION OF FUNDS: The specific allocation of the Counties and Cities fund is set out in the attachments to this agreement, marked as Exhibits "A" through "E", inclusive, and made a part hereof for all purposes. 6. OWNERSIIIP OF EOUII'MENT: Upon termination of this Agreement, ownership of equipment hardwaze and other non-expendable items will revert to the applicant for which it was acquired, subject to the approval of the Criminal Justice Division of the Governor's Office. 7. AMENDMENTS: This Agreement may be amended only by the mutual written agreement of the parties hereto. 8. SAVINGS AND SEVERABII,ITY PROVISION: In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceable shall not affect by any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 9. ENTIRE AGREEMENT: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. 10. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 11. RELEASE AND INDEMNITY: Each County and City which is a party hereto hereby agrees to be solely responsible for the intentional or negligent acts or omissions of its employees, officers, and agents assigned to the Task Force. Furthermore, each City and County which is a party hereto agrees to indemnify, defend, and hold harmless each other City and County, respectively, for claims or suits arising from the injury or death of any person, or damage to property, resulting from the intentional or negligent act or omission of that City's or County's employee, officer, or agent azising from or related to the operation of the Task Force. However, in no case shall this section be construed as waiving any immunity from prosecution or liability that may exist with respect to any of the parties hereto or their respective employees, officers, or agents. 12. MULTII'LE ORIGINALS: This Agreement may be executed in multiple originals, each of which shall have the full force and effect of an original as if all parties had signed the same document. SIGNED AND AGREED BY THE PARTIES HERETO ON THE DATES INDICATED BELOW: CITY OF BOERNE, TEXAS Mayor CITY OF FREDERICKSBURG, TEXAS Mayor CITY OF INGRAM, TEXAS Mayor CITY OF KERRVII,LE, TEXAS Charles P. Johnson, Mayor CITY OF BANDERA, TEXAS Mayor D \WPDOCS\COntracts~Gennal\Tazk Forte.wpd Yovemba ], 1996 COUNTY OF KENDALL, TEXAS Date County Judge Date COUNTY OF GII,LESPIE, TEXAS County Judge Date Date COUNTY OF KERB, TEXAS Ro ert Denson, unty Judge Date Date COUNTY OF KIMBLE, TEXAS Date County Judge Date COUNTY OF BANDERA, TEXAS Date County Judge Date 3