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HomeMy WebLinkAbout10-08-26-7.7 - Resolution - 10/08/2026INTERLOCAL AGREEMENT BETWEEN BRAZOS COUNTY, THE CITY OF COLLEGE STATION, AND THE CITY OF BRYAN FOR THE 2026 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into by and between Brazos County, Texas ("County"), acting through its Commissioners' Court, the City of College Station ("College Station"), a Texas home -rule municipal corporation, acting through its City Council; and the City of Bryan, Texas ("Bryan"), a Texas home -rule municipal corporation, acting through its City Council. WHEREAS, the County, College Station, and Bryan intend to submit a joint application for grant funds under the U.S. Department of Justice's 2026 Edward Byrne Memorial Justice Assistance Grant Program ("JAG"); and WHEREAS, as a condition precedent to receiving a JAG award, the County, College Station, and Bryan are required to enter into an inter -local agreement designating one joint applicant to serve as the applicant/fiscal agent for the joint funds; and WHEREAS, the parties agree that College Station will serve as the applicant/fiscal agent for the joint application; and WHEREAS, Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act, authorizes all local governments to contract with each other to perform governmental functions or services; and WHEREAS, the parties represent that each is independently authorized to perform the functions or services contemplated by this Agreement; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement 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 Agreement; and WHEREAS, the parties find that upon receipt of the JAG award, it is in their best interest to allocate the JAG award according to the dollar amounts and purposes indicated in this Agreement; NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as follows: Resolution No. 10-08-27-7.7 Page 2 of 7 2026 JAG ILA 1. College Station agrees to pay the County a total of $6,417 from the JAG funds. 2. The County agrees to use the $6,417 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 3. College Station agrees to pay Bryan a total of $20,285 from the JAG funds. 4. Bryan agrees to use $20,285 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 5. College Station agrees to retain a total of $16,074 from the JAG funds. 6. College Station agrees to use $16,074 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 7. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. 8. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. 9. No party shall have the right to direct or control the conduct of the other parties with respect to the duties and obligations of each party under the terms of this Agreement. 10. Each entity shall ensure that all applicable laws and ordinances have been satisfied. 11. Effective Date and Term. This Agreement shall be effective when signed by the last party who's signing makes the Agreement fully executed and will remain in full force and effect for the four (4) year term of the 2026 JAG program award. 12. Indemnification. Subject to the limitations as to damages and liability under the Texas Tort Claims Act, and without waiving its governmental immunity, each party to this Agreement agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused, or asserted to be caused, directly or indirectly by any other party to this Agreement, or any of its officers, agents or employees as a result of its performance under this Agreement. Resolution No. 10-08-27-7.7 Page 3 of 7 2026 JAG ILA 13. Consent to Suit. Nothing in this Agreement will be construed as a waiver or relinquishment by any party of its right to claim such exemptions, privileges and immunities as may be provided by law. 14. Invalidity. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 15. Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the business address as listed herein. CITY OF BRYAN City Manager City of Bryan 300 South Texas Ave Bryan, Texas 77803 CITY OF COLLEGE STATION City Manager City of College Station P. O. Box 9960 College Station, Texas 77842 BRAZOS COUNTY County Judge Brazos County 200 South Texas Ave., Ste. 332 Bryan, Texas 77803 16. Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. Nor oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 17. Amendment. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 18. Texas Law. This Agreement has been made under and shall be governed by the laws of the State of Texas. 19. Place of Performance. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 20. Authority to Enter Contract. Each party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 21. Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in anyway affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every Resolution No. 10-08-27-7.7 Page 4 of 7 2026 JAG ILA provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse any other different or subsequent breach. 22. Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 23. Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other parties to this Agreement. 24. Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. [SIGNATURE PAGES FOLLOW] Resolution No. 10-08-27-7.7 Page 5 of 7 2026 JAG ILA EXECUTED this the 8th day of October, 2026. CITY OF BRYAN APPROVED: Mayor APPROVED FOR COUNCIL: City Manager ATTEST: APPROVED AS TO FORM: City Secretary City Attorney Resolution No. 10-08-27-7.7 Page 6 of 7 2026 JAG ILA EXECUTED this the 8th day of October, 2026. ATTEST: CITY OF COLLEGE STATION APPROVED: e Litzee_ APPROVED FOR COUNCIL: -4n9i/k AttitS City Secret ry City Man ger APPROVED AS TO FORM: Pavtil P utr Aidi City Attorney AssYstant City Manager/CFO Resolution No. 10-08-27-7.7 Page 7 of 7 2026 JAG ILA EXECUTED this the 8th day of October, 2026. COUNTY OF BRAZOS APPROVED: County Judge ATTEST: APPROVED AS TO FORM: County Clerk Counsel for Brazos County