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RE 2013-1008.1RESOLUTION NO.07O/ l D� 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 ATTEST: 57117 CRISTEL PETT OS, CITY SRETARY APPROVEk-P4S TO FO CITY ATTORNEY 57117 Exhibit "A" (copy of Jail Services Agreement to be attached) 57117 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 functions 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 six (6) years, beginning on October 1, 2013 and expiring on September 30, 2019. This agreement will automatically renew for one (1) year terms unless notice of termination of the agreement is given at least one hundred - eighty (180) days before the end of the term. Termination. Either party may terminate this agreement at any time by providing 180 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. 62009 b. Carrollton shall provide the same jail housing, food and services provided to all Carrollton inmates to Coppell inmates. 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, any other 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 $106.00 per inmate in the Carrollton Jail for years one (1) through three (3) of this Agreement, $110.00 per inmate for years four (4) and five (5), and $115.00 per inmate for year six (6) and any additional term. 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. 62009 g. Coppell shall be responsible for arraigning procedure and coordinating the arraignment of Coppell prisoners in the Carrollton Jail. 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. 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. 62009 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 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. number of counterparts, each of whom shall be This Agreement may be executed in any 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: 62009 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 17th day of September 2013, and executed by the City Manager. M 1, City CITY O ON, TEXAS Leonard Martin, City Manager APPROVES ASO( F//,- /ORM: Regina Edwards, First Assistant City Attorney AUTHORIZ and approved by the City Council of the City of Coppell, Texas, at its meeting held on the rh day of 2013, ao executed by the Mayor. A OF Seli o Hunt, Ma A ST: _ hristel Pettinos, City Secretary APPROV A TO OR Robert E. Hager, City rney 62009