RE 2012-0911.1RESOLUTION NO.ca%Dia — D 9
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING AN
AGREEMENT FOR JAIL SERVICES BY AND BETWEEN THE CITY OF COPPELL,
TEXAS, AND THE CITY OF CARROLLTON, TEXAS; AUTHORIZING ITS
EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has been presented a proposed Agreement for Jail services
by and between the City of Coppell, Texas, and the City of Carrollton, Texas, a copy of which is
attached hereto and incorporated herein by reference; and
WHEREAS, upon full review and consideration of the Agreement, and all matters related
thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be
approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City
of Coppell, Texas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, THAT:
SECTION 1. The Agreement attached hereto having been reviewed by the City Council of
the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its
citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to
execute the Agreement, a true and correct copy of which is attached and incorporated herein as
Exhibit "A", on behalf of the City of Coppell, Texas.
SECTION 2. This Resolution shall become effective immediately from and after its
passage.
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas,
on this the / day of , 2012.
ATTEST:
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RISTEL PETTINOS, CITY SEY'RETARY
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Exhibit "A"
(copy of Jail Services Agreement to be attached)
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STATE OF TEXAS § INTERLOCAL AGREEMENT
DALLAS COUNTY
This Interlocal Agreement ("Agreement") is entered into by and between the City of
Coppell ("Coppell") and the City of Carrollton, Texas ("Carrollton"), acting by and through
their duly authorized officials. Both Coppell and Carrollton are adopting this agreement upon by
and through authorization of their respective governing bodies as provided herein may be
referred to in this agreement individually as "Coppell" or "Carrollton" and collectively as
"Parties"; and
WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government
Code and subchapter "F", 271, Texas Local Government Code;
WHEREAS, Chapter 791 of the Texas Government Code provides authorization for
local governments to contract with one another to provide governmental fiinctions and services;
and
WHEREAS, Coppell desires to contract with Carrollton for the purposes of booking in,
processing and housing prisoners arrested by the Coppell Police Department; and
WHEREAS, Carrollton understands the need and agrees to aid Coppell in this matter.
NOW, THEREFORE, Coppell and Carrollton, for the mutual consideration hereinafter stated,
agree and understand as follows:
1. Purpose. The purpose of this agreement is for the City of Carrollton to agree to
house and process Coppell inmates and provide other services regarding the operation
of jail for an agreed upon price.
2. Term. The initial term of this agreement shall be for one (1) year, beginning on
October 1, 2012 and expiring on September 30, 2013. This agreement will
automatically renew for five (5) consecutive one (1) year terms unless notice of
termination of the agreement is given at least ninety (90) days before the end of the
term.
3. Termination. Either party shall terminate this agreement by providing 90 days written
notice to the other party.
4. OBLIGATIONS OF CARROLLTON.
a. Carrollton shall receive the Coppell inmates when presented by Coppell Police Officers
and process them with the same book -in procedures as Carrollton inmates.
b. Carrollton shall provide the same jail housing, food and services provided to all
Carrollton inmates to Coppell inmates.
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C. Carrollton shall collect bond and fine collections and reimbursements for inmates on
behalf of Coppell and deliver the Coppell funds to the City of Coppell on a weekly
basis.
d. Carrollton shall provide transportation to the County Jail for Coppell inmates. Coppell
inmates shall be placed in the same priority system and transported in the manner as if
they were Carrollton inmates. This does not include transportation to and from the
Coppell Municipal Court, Court or other agencies.
e. Carrollton shall provide Intoxilyzer services, including personnel needed at the time of
arrest, or other alternative services used for gathering evidence for driving while
intoxicated cases.
f. Carrollton shall accept, document, process and store all personal property of all Coppell
inmates in the same manner they do for Carrollton inmates. Carrollton shall use a
storage area of size acceptable to the County Jail requirements.
g. Carrollton will provide "Interview Rooms" when needed to interrogate inmates that are
being housed at the Carrollton Jail. Access shall be provided at a reasonable time and
copies of the digital recordings of the interview shall be provided within reasonable
time.
h. Carrollton shall provide a monthly report of inmate statistics and reporting which
includes the number of inmates booked in, the length of stay, book -in date and release
date, any medical attention needed or received. Carrollton shall provide individual
inmate information obtained during the book -in and housing of prisoners, including
audio and video recordings, when requested by Coppell. Carrollton shall also provide a
report writing area that includes a digital line. Coppell shall reimburse Carrollton for
the cost of the required digital line. Coppell shall provide a computer and hardware for
the report writing station.
i. Carrollton guarantees to house at least three beds available for Coppell inmates at all
times.
5. RESPONSIBILITIES OF COPPELL.
a. Coppell shall pay $100 per inmate in the Carrollton Jail for the first 48 hours of
incarceration. For each inmate that stays past 48 hours, Coppell shall pay $100
for each additional day or portion thereof.
b. Coppell shall pay an annual fee of $3,500.00 for transporting Coppell inmates to
Dallas County.
C. Coppell shall pay the costs of Carrollton's employees who are required to appear
in Court on cases filed by the City of Coppell, regarding a City of Coppell inmate
in the Carrollton Jail. The amount Coppell shall pay should be the same as if the
employee was testifying or being required to attend court for a Carrollton case.
d. All billing shall be generated by Carrollton and processed quarterly.
e. Coppell shall be responsible for evidence, chain of custody and storage for all
cases in which the inmate was arrested on a Coppell charge.
f. Coppell shall be responsible for writing the police case reports for all of the
Coppell cases.
g. Coppell shall be responsible for arraigning procedure and coordinating the
arraignment of Coppell prisoners in the Carrollton Jail.
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h. All payments made by Coppell shall be made from current revenues available to
Coppell.
6. Expenses.
Ambulance transportation expenses shall be the responsibility of the inmate.
7. Medical Expenses.
All medical expenses shall be the responsibility of inmates.
8. Sovereign Immunity.
Neither party to this agreement waives any claim of in sovereign immunity because of its
participation in this agreement.
9. Indemnification Clause.
To the extent allowed by law, each party agrees to release, defend, indemnify, and hold
harmless the other (and its officers, agents, and employees) from and against all claims or
causes of action for injuries (including death), property damages (including loss of use),
and any other losses, demands, suits, judgments, and costs, including reasonable
attorney's fees and expenses, in any way arising out of, related to, or resulting from its
performance under this agreement, or caused by its negligent acts or omissions (or those
of its respective officers, agents, employees, or any other third parties for whom it is
legally responsible) in connection with performing this agreement. This agreement and
the indemnity provided herein is not intended to and shall not create any cause of action
for the benefit of third parties or any person not a party to this agreement.
10. Compensation.
Each party shall be responsible for its own action and those of its employees and is
responsible for complying with the Texas Workers Compensation Act. To the extent
permitted by law, and without waiving sovereign immunity, each party shall be
responsible for any and all claims, demands, suits, actions, damages and causes for
action relating or arising out of or in any way connected with its own actions and the
actions of its personnel in performing the responsibilities under this agreement.
11. Amendment. This Agreement may be amended by the mutual written agreement of
both parties hereto.
12. Severability. In the event anyone or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect the other
provisions, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained in this Agreement.
13. Governing Law. The validity of this Agreement and any of its terms and provisions as
well as the rights and duties of the parties, shall be governed by the laws of the State of
Texas; and venue for any action concerning this Agreement shall be in the State District
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Court of Dallas County, Texas.
14. Entire Agreement. This Agreement represents the entire agreement among the parties
with respect to the subject matter covered by this Agreement. There is no other
collateral, oral or written agreement between the parties that in any manner relates to
the subject matter of this Agreement.
15. Recitals. The recitals to this Agreement are incorporated herein.
16. Counterparts. This Agreement may be executed in any number of counterparts, each
of whom shall be deemed an original and constitute one and the same instrument.
17. Validity and Enforceability. If any current or future legal limitations affect the
validity or enforceability of a provision of this Agreement, then the legal limitations are
made a part of this Agreement and shall operate to amend this Agreement to the
minimum extent necessary to bring this Agreement into conformity with the
requirements of the limitations, and so modified, this Agreement shall continue in full
force and effect.
18. Third Parties. This Agreement is intended to inure only to the benefit of the Parties
hereto. This Agreement is not intended to create, nor shall be deemed or construed to
create any rights in third parties.
19. Headings. The headings at the beginning of the various provisions of this Agreement
have been included only in order to make it easier to locate the subject covered by each
provision and are not to be used in construing this Agreement.
20. Notices. Any notice, communication, invoice or report required or permitted pursuant
to this Agreement shall be in writing and shall be effective when personally delivered
or three (3) days after being mailed by United States Mail, certified, return receipt
requested, to the respective parties at the address set forth below:
Coppell CITY OF COPPELL
Att: Clay Phillips, City Manager
255 Parkway Blvd.
Coppell, Texas 75019
Carrollton CITY OF CARROLLTON
1945 E. Jackson Road
Carrollton, TX 75006
Attention: City Manager
Any party may change its address by giving notice to all other parties.
AUTHORIZED and approved by the City Council of the City of Carrollton, Texas, at its
meeting held on the day of 2012, and executed by the Mayor.
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CITY OR CARROLLTON, TEXAS
Matthew Marchant, Mayor
ATTEST:
Ashley Mitchell, City Secretary
AUTHORIZED and approved by the City Council of the City of Coppell, Texas, at its meeting
held on the _ day of 2012, and executed by the Mayor.
CITY OF COPPELL, TEXAS
Karen Selbo Hunt, Mayor
ATTEST:
Christel Pettinos, City Secretary
APPROVED AS TO FORM:
Robert E. Hagler, City Attorney
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