ILA: Grapevine (Jail Services) INTERLOCAL COOPERATION AGREEMENT
FOR JAIL SERVICES
This Interlocal Cooperation Agreement for Jail Services ("Agreement") is entered into as
of the Effective Date by and between the City of Grapevine ("Grapevine"), a Texas home-rule
municipality and the City of Coppell("Coppell"),a Texas home-rule municipality,by and through
their authorized representatives. Grapevine and Coppell are at times each referred to herein as a
"party"or collectively as the "parties."
RECITALS:
WHEREAS, Coppell desires to use the Grapevine Jail Facility located at 1007 Ira E.
Woods Avenue, Grapevine, Texas 76051 ("Facility") for the handling, processing, housing and
detention of persons arrested by Coppell Police Department personnel ("Coppell Police"); and
WHEREAS, the Interlocal Cooperation Act, Chapter 791, Texas Government Code
authorizes units of government to contract with one or more units of local government to perform
governmental functions and services; and
WHEREAS, the parties desire to enter into an agreement authorizing Coppell to use the
Facility and setting forth the terms and conditions by which Grapevine will agree to provide the
Jail Services (as defined below)to Coppell; and
WHEREAS,the parties find it is mutually advantageous to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
Grapevine and Coppell hereby agree as follows:
Article I
Purpose; Term
1.1 Purpose. The purpose of this Agreement is to provide the terms and conditions
under which persons arrested by the Coppell Police Department may be detained and housed at
the Facility as well as the respective responsibilities of the parties relating to the provision of Jail
Services to Coppell by Grapevine.
1.2 Term. The initial term of this Agreement during which Jail Services will be
provided as described herein shall commence on October 1, 2022 (the"Effective Date")and shall
expire on September 30, 2023 ("Initial Term"). Upon expiration of the Initial Term, this
Agreement shall automatically renew for up to two(2)additional one(1)year periods commencing
October 1 St of each year (each a "Renewal Term") for a maximum term of three (3)years ending
September 30, 2025 (the Initial Term and Renewal Term are collectively referred to herein as the
"Term"). Either party may elect not to renew this Agreement by providing written notice of its
intent not to renew not later than one hundred and eighty (180) days prior to the expiration of the
then current term.
Article II
PAGE 1 INTERLOCAL COOPERATION AGREEMENT FOR JAIL SERVICES
CITY OF GRAPEVINE AND CITY OF COPPELL
Termination
2.1. Termination. This Agreement may be terminated by either party providing the
other party written notice of termination not less than one hundred and eighty (180) days written
notice prior to the anticipated date of termination;provided,however, such termination date must
be the last day of a calendar month.
2.2. Default;Notice to Cure. A party shall be deemed in default under this Agreement
if the party is in breach of a material provision of this Agreement and said breach is not cured
within thirty(30)days written notice of default by the other party. In the event the breaching party
has notified the other party in writing that it is diligently working to cure the breach and has
provided reasonable evidence in support of the same, the breaching party shall not be deemed in
default until the sixtieth(60th) day following the non-breaching party's notice of default.
2.3 Reimbursement. If this Agreement is terminated by either party, Grapevine shall
refund to Coppell a portion of the Service Fee previously paid,pro-rated with respect to the number
of calendar months remaining in the current annual term as of the date of termination. Receipt of
payment and/or reimbursement under this section shall not constitute a waiver of any rights or
claims of the parties that may otherwise arise out of this Agreement.
Article III
Performance of Services by Grapevine
3.1 Jail Services. Grapevine shall provide the following services (collectively "Jail
Services") in accordance with Grapevine Police Department policies and procedures and
applicable federal and state laws and regulations:
(a) Intake of inmates (17 years of age and older) brought to the Facility by Coppell
(each an"Coppell Inmate");
(b) Complete inventory and storage of each Coppell Inmate's personal property
(excluding property to be logged into evidence). Grapevine shall use a standardized
method of prisoner property intake in conformance with the County Jail
requirements, dependent on the Coppell Inmates anticipated transfer location;
(c) Create and maintain a comprehensive medical and personal history statement,
including next of kin contact information for each Coppell Inmate;
(d) Photograph and fingerprint each Coppell Inmate;
(e) House and detain each Coppell Inmate in the Facility until transferred to another
jail facility, or released on bond, or removed from the Facility by other lawful
means;
(f) Feed and clothe each Coppell Inmate in the same manner as Grapevine inmates;
(g) Operate and maintain the Facility in accordance with applicable laws and
regulations; and
PAGE 2 INTERLOCAL COOPERATION AGREEMENT FOR JAIL SERVICES
CITY OF GRAPEVINE AND CITY OF COPPELL
(h) Transportation of Coppell Inmates to the Dallas County Lew Sterrett Justice Center
for incarceration; provided, the parties acknowledge that, as of the Effective Date,
Grapevine is still in the process of acquiring the necessary personnel and equipment
to assume full responsibility for the transport of Coppell Inmates. Accordingly,the
parties have agreed to cooperate in developing a temporary plan for such transports
until Grapevine is able to assume full responsibility for the same,which shall occur
on or before March 31,2023 (the"Transport Deadline"). In the event Grapevine is
unable (regardless of reason) to assume full responsibility by the Transport
Deadline, Grapevine shall notify Coppell in writing of the same and Coppell may,
at its sole option, (i) negotiate an extension with Grapevine to comply with this
subsection,or(ii)assume responsibility for transportation under this subsection and
negotiate an equitable reduction the Service Fee. Any cost(s) associated with the
final transport plan for Coppell Arrestees shall be evaluated by the parties during
development of the plan and resolved prior to implementation.
3.2 Collection of Bonds and Fines. Either party,or a third-party independent contractor
chosen by Grapevine with the consent of Coppell(which shall not be unreasonably withheld),shall
collect bonds and fines associated with Coppell Inmates and deliver the funds to the City of
Coppell in a timely manner.
3.3 Interview Rooms/Report Areas. Grapevine shall provide access to (i) secure
interview room(s)within the Facility for the purpose of prisoner interviews/interrogations,and(ii)
report writing area(s) for Coppell Police (Coppell shall be responsible for its own
computer/hardware). Grapevine will provide copies of Coppell Inmate interview recordings to
Coppell Police in a timely manner.
3.4 Inmate Reports. Upon written request by Coppell, Grapevine shall promptly
provide a report of Coppell Inmate statistics, including(i)the number of Coppell Inmates booked
in during the applicable report period, (ii) the length of stay, (iii) book-in date and release date,
and (iv) any urgent or emergency medical or mental health care attention needed or received. In
addition and upon written request, Grapevine will promptly provide individual Coppell Inmate
information obtained during the book-in and housing of inmates, including audio and video
recordings.
3.5 Medical Calls for Service. Subject to the provisions of Section 3.6, below,
Grapevine Fire Department ("GFD") will respond to the medical calls for service for Coppell
Inmates housed at the Facility in conformance with the adopted policies of GFD and the Facility.
3.6 Medical Transfers; Right of Refusal.
(a) Transfer Upon Arrival. If an Coppell arrestee arrives at the Facility with a medical
emergency that requires the arrestee being transferred to the emergency room prior
to book-in,Coppell Police shall be responsible for accompanying the arrestee to the
medical facility. In the event of a medical or mental health care emergency,
Grapevine Fire Department("GFD")will be summoned and may transport Coppell
arrestees in accordance with existing GFD protocols.
PAGE 3 INTERLOCAL COOPERATION AGREEMENT FOR JAIL SERVICES
CITY OF GRAPEVINE AND CITY OF COPPELL
(b) Transfer of Inmates. Coppell Police will generally be responsible for the transfer
of Coppell Inmates requiring transfer to a medical or mental health facility. In the
event a Coppell Inmate booked into the Facility requires transportation for an
emergency or for urgent medical or mental health care and an Coppell officer has
not arrived to escort and guard the Coppell Inmate, Grapevine may, if reasonably
available, provide an officer escort and guard the Coppell Inmate; provided, that
Coppell shall assume such responsibility as soon as practical.
(c) Right of Refusal. Notwithstanding the any other provision of this Section 3.6,
Grapevine may, in its sole discretion, refuse to accept for processing into the
Facility any Coppell Inmate that requires immediate transfer to medical facility for
medical treatment or services.
Article IV
Coppell Obligations
4.1. Book-in Documentation. Coppell Police shall be responsible for submitting the
appropriate book-in document(s) to Facility staff at the time of book-in. In addition, the original
arrest warrant signed by a magistrate and any probable cause affidavit shall be submitted to Facility
staff no later than 10 am daily.
4.2. Medical Documentation. Coppell Officers shall promptly provide Facility Staff a
list of any known medical conditions, suicidal tendencies, mental health issues, or other special
needs of each Coppell Prisoner, and shall be responsible for providing all Coppell Inmate
medications available to Coppell officers to Facility staff at the time of book-in.
4.3. Blood Draws. Coppell shall provide DPS blood kits for any Coppell Inmate that
will have a blood drawn.
4.4. Case Files; Evidence; Dangerous Property. Coppell shall be responsible for
preparing criminal case reports for all Coppell Inmates and for managing all other Coppell arrest
and court related paperwork. Coppell Officers shall take and maintain possession of all evidence
and dangerous or unapproved prisoner property at the time of book-in. Coppell Officers shall be
responsible for chain of custody and storage for all cases in which an Coppell Inmate was arrested.
4.5. Arraignment Procedures. Coppell shall be responsible for coordinating and
processing the arraignment of Coppell Inmates with the Facility; provided, such arraignment
procedures shall not unreasonably interfere with or delay Grapevine's arraignment procedures.
Coppell shall provide one or more magistrates that will generally be available to arraign the
Coppell Inmates at the Grapevine Detention Center on a 24/7 basis. Coppell shall be responsible
for the timing of arraignments for Coppell Inmates; provided, that Coppell shall cause each of the
Coppell Inmates to be arraigned within forty-eight (48) hours following detention at the Facility.
The parties will mutually develop a procedure for Coppell to notify Grapevine when Coppell
Inmates are arraigned.
PAGE 4 INTERLOCAL COOPERATION AGREEMENT FOR JAIL SERVICES
CITY OF GRAPEVINE AND CITY OF COPPELL
4.6. Release of Inmates. Coppell may, in its sole discretion, authorize the release of an
Coppell Inmate from the Facility prior to arraignment. In such cases, Coppell Police, as the
arresting agency, shall be responsible for authorizing the release for both the charges as well as
any warrants confirmed by Coppell Police. Coppell shall further provide Facility staff a written
authorization for the release in a form reasonably acceptable to Grapevine prior to releasing the
inmate.
4.7. Compliance with Facility Rules. Coppell shall comply with all adopted Grapevine
rules,procedures, regulations and general orders applicable to the detention and jail of inmates at
the Facility (the "Facility Rules"), except where such compliance would be in conflict with
applicable law and/or regulations governing certification of the Coppell Police Department by
various organizations(i.e.,CALEA,etc.). Grapevine shall promptly provide written notice of any
changes to the Facility Rules during the Term of this Agreement.
Article V
Service Fee; Reimbursement
5.1 Jail Services Fee. Coppell agrees to pay Grapevine an annual service fee as
consideration for the provision of the Jail Services described in this Agreement(the"Service Fee"),
which shall be pre-paid in full on or before October 1st of each year during the Term. The amount
of the Service Fee shall be determined as follows:
(a) The Service Fee for the Initial Term shall be $121,808.00, which is based upon a
three(3)year rolling annual average of 428 persons arrested and booked into a jail
facility, or an average fee of$248.60 per person ($121,808 / 428 = $248.60) (the
"Per Person Fee").
(b) For each annual Renewal Term, the Service Fee shall be adjusted (increased or
decreased)based upon the change in the annual average number of persons booked
in by Coppell Police for the thirty-six(36)month period ending on May 31'of the
then current term ("Average Bookings"). Specifically, the adjusted Service Fee
will be calculated by multiplying the then current Average Bookings (rounded to
the nearest whole number)by the Per Person Fee set forth in subsection(a), above.
By way of example, if the Average Arrestees increases to 500,then the Service Fee
for the upcoming Renewal Term would be $142,300 (500 x $284.60 = $142,300).
Conversely, if the Average Arrestees decreases to 400,then the Service Fee for the
next Renewal Term would be $113,840 (284.60 x 400=$113,840).
5.2 Adjustment Notice. Grapevine shall, on or before June 5th of each year, provide
Coppell with a written report containing the number of Coppell Inmates processed into the Facility
during the current term through May 31St, along with notice of the adjusted Service Fee for the
following Renewal Term (calculated in conformance with Section 5.1(b), above).
5.3 Subpoenas: Costs. In the event a Grapevine employee receives a subpoena for
testimony (including deposition) in connection with a case filed by Coppell involving an Coppell
Inmate, Grapevine will promptly notify Coppell and provide a copy of the same. Coppell shall
have the right,but not the obligation,to object to such subpoena by filing a motion with the court
PAGE 5 INTERLOCAL COOPERATION AGREEMENT FOR JAIL SERVICES
CITY OF GRAPEVINE AND CITY OF COPPELL
at its sole cost. Notwithstanding the foregoing, Coppell shall reimburse Grapevine for the cost of
any employees required to appear in any criminal court in cases filed by the Coppell Police
Department in connection with a Coppell Inmate booked into and/or held at the Facility. The
reimbursement amount shall be equal to the actual cost that would be incurred by Grapevine if the
employee was testifying or being required to attend court for a Grapevine criminal case.
5.4 Service Fee Credit. Notwithstanding the foregoing provisions of this Article V, if
Grapevine is unable to accept and house any Coppell Inmates as provided by this Agreement for
any reason (including an event of Force Majeure), Grapevine will, at the election of Grapevine,
either (i) provide equivalent access and services to Coppell through an alternate facility, or (ii)
provide Coppell a credit against the amount of the next Service Fee due and payable in an amount
equal to 1/365th of the amount of the then current annual Service Fee multiplied by the total number
of days Grapevine was unable to accept and house Coppell Inmates (a "Fee Credit"). If this
Agreement has expired or terminated such that no future Service Fee against which a Fee Credit
may be applied will be paid, Grapevine agrees to pay the amount of such Fee Credit to Coppell
not later than thirty (30) days after the date of expiration or termination of this Agreement, which
obligation shall survive the termination of this Agreement.
Article VI
Availability of Revenue
Each party paying for the performance of governmental functions or services pursuant to
this Agreement shall make those payments from current revenues available to the paying party.
The parties represent and agree that the payments required by this Agreement by the paying party
will fairly compensate the performing party for the services or functions performed under this
Agreement.
Article VII
Insurance
7.1 Insurance Coverage. Each party shall, during the Term of this Agreement, obtain
and maintain insurance coverage required by this Article. Limits of insurance required by this
section can be in any combination of underlying and excess coverage inclusive of self-insured
retention.
(a) commercial general liability insurance with a minimum limit of $1,000,000 per
occurrence and$2,000,000 aggregate;
(b) commercial automobile insurance covering any automobile used in performance of
this Agreement with a minimum limit of$1,000,000 per accident;
(c) workers' compensation insurance at statutory limits;
(d) employer's liability insurance with minimum limits of $1,000,000 per accident,
$1,000,000 each employee by disease and $1,000,000 policy limit by disease; and
(e) Law Enforcement Liability insurance with minimum limits of $1,000,000 each
wrongful act.
PAGE 6 INTERLOCAL COOPERATION AGREEMENT FOR JAIL SERVICES
CITY OF GRAPEVINE AND CITY OF COPPELL
7.2 Insurance Requirements. All insurance and certificate(s) of insurance required by
Section 7.1,above, shall be endorsed to contain the following provisions:(1)name the other party,
its officers, and employees as additional insureds as to all applicable coverage with the exception
of Workers Compensation Insurance; (2) provide for at least thirty (30) days prior written notice
to the other party for cancellation or non-renewal of the insurance; (3) provide for a waiver of
subrogation against the other party for injuries,including death,property damage,or any other loss
to the extent the same is covered by the proceeds of insurance; (4)coverage shall be on a primary
basis and non-contributory with any other insurance coverage and/or self-insurance carried by the
other party.Each party shall provide written notice to the other party of any material change of,or
to,the insurance required herein. All insurance companies providing insurance coverage required
by this section shall be authorized to transact business in Texas and rated an "A" by AM Best or
other equivalent rating service. Each party shall submit to the other certificate(s) of insurance
evidencing insurance coverage required by this Article together with copies of all endorsements,
additional insured endorsements, and waiver of subrogation endorsements.
Article VIII
Liability/Immunity
8.1 Liability. Each party agrees to the extent authorized under the Constitution and the
laws of the State of Texas, to be fully responsible for any and all claims for damages, costs, and
expenses to person or persons and property that may arise out of or be occasioned by this
Agreement, including but not limited to its acts of negligence or omission in the arrest, book-in
and detention for their respective inmates. Each party, to the extent allowed by law and without
waiving any rights, defenses or protections provided therein, agrees to be responsible for its own
acts of negligence.
8.2. Joint Responsibility. In the event of joint or concurrent negligence of the parties,
responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State
of Texas without,however,waiving any governmental immunity or defense available to any party
individually under Texas law. Grapevine shall be responsible for its sole negligence. Coppell
shall be responsible for its sole negligence. The provisions of this section are solely for the benefit
of the parties and are not intended to create or grant any rights, contractual or otherwise, to any
other person or entity.
8.3 No Waiver of Immunity. It is expressly understood and agreed that, in the
execution of this Agreement, no party waives, nor shall be deemed hereby to have waived any
immunity or defense that would otherwise be available to it against claims arising in the exercise
of governmental powers and functions. By entering into this Agreement,the parties do not create
any obligations,express or implied,other than those set forth herein, and this Agreement shall not
create any rights in parties not signatories hereto. To the extent authorized under the Constitution
and laws of the State of Texas, and without waiving sovereign immunity, each party shall be
responsible for any and all claims,demands, suits, actions,damages, and causes for action related
to or arising out of or in any way connected with its own actions, and the actions of its personnel
rendered or performed pursuant to the terms and conditions of this Agreement. Each party agrees
to obtain general liability, public official's liability, if applicable, or maintain a comparable self-
PAGE 7 INTERLOCAL COOPERATION AGREEMENT FOR JAIL SERVICES
CITY OF GRAPEVINE AND CITY OF COPPELL
insurance program.
Article IX
Miscellaneous Provisions
9.1 Consideration. This Agreement contains the entire agreement of the parties with
respect to the matters contained herein and may not be modified or terminated except upon the
provisions hereof or by the mutual written agreement of the parties.
9.2 Notice. All notices required by this Agreement shall be in writing and addressed to
the parties at the addresses set forth on the signature page(s) (or to such other address that may be
designated by the receiving party from time to time in accordance with this section). All notices
shall be delivered by (a) personal delivery, (b) certified or registered mail (in each case, return
receipt requested,postage prepaid), (c)nationally recognized overnight courier(with all fees pre-
paid), or (d) e-mail of a PDF document containing the notice. Such notice or document shall be
deemed to be delivered or given, whether actually received or not, (i) when received if delivered
or given in person, (ii) if sent by United States mail, three (3) business days after being deposited
in the United States mail as set forth above, (iii) on the next business day after the day the notice
or document is provided to a nationally recognized carrier to be delivered as set forth above, or
(iv) if sent by email, the next business day. A confirmation of delivery report which reflects the
time that the email was delivered to the recipient's last notified email address is prima facie
evidence of its receipt by the recipient, unless the sender receives a delivery failure notification,
indicating that the email has not been delivered to the recipient. For purposes of notification, the
addresses of the parties shall be as follows:
9.3 Entire Agreement. This Agreement represents the entire and integrated agreement
between the parties and supersedes all prior negotiations,representations and/or agreements,either
written or oral. This Agreement may be amended only by a written instrument signed by both
parties.
9.4 Venue and Governing Law. This Agreement and any of its terms or provisions, as
well as the rights and duties of the parties, shall be governed by the laws of the State of Texas.
Venue for any suit between the parties arising from or related to this Agreement shall be in Dallas
County, Texas.
9.5 Authority to Execute. The individuals signing this Agreement on behalf of the
respective parties below represent to each other and to others that all appropriate and necessary
action has been taken to authorize the individual who is executing this Agreement to do so for and
on behalf of the party for which his or her signature appears, that there are no other parties or
entities required to execute this Agreement in order for the same to be an authorized and binding
agreement on the party for whom the individual is signing this Agreement and that each individual
affixing his or her signature hereto is authorized to do so, and such authorization is valid and
effective on the date hereof
9.6 Severability. The provisions of this Agreement are severable. In the event that any
paragraph, section, subdivision, sentence, clause or phrase of this Agreement shall be found to be
contrary to the law, or contrary to any rule or regulation having the force and effect of the law,
PAGE 8 INTERLOCAL COOPERATION AGREEMENT FOR JAIL SERVICES
CITY OF GRAPEVINE AND CITY OF COPPELL
such decisions shall not affect the remaining portions of this Agreement. However, upon the
occurrence of such event, either party may terminate this Agreement by giving the other party
fifteen(15)days written notice of its intent to terminate.
9.7 Amendments. This Agreement may only by amended by a written instrument
signed by authorized representatives of both parties.
9.8 Counterparts. This Agreement may be executed in a number of identical
counterparts,each of which shall be deemed an original for all purposes.An electronic mail and/or
facsimile signature will also be deemed to constitute an original if properly executed and delivered
to the other party.
9.9 Assignment. This Agreement may not be assigned by any party hereto without the
prior written consent of the other party.
9.10 Force Majeure. No party shall be liable to the other party for any failure, delay, or
interruption in the performance of any of the terms, covenants, or conditions of this Agreement
due to causes beyond the party's respective control or because of applicable law, including, but
not limited to,war,nuclear disaster, strikes,boycotts, labor disputes, embargoes,acts of God, acts
of the public enemy, acts of superior governmental authority, floods, riots, rebellion, sabotage,
terrorism, a government restriction, quarantine, or mandatory closure order enacted in response to
a pandemic or other public health crises, or any other circumstance for which a party is not legally
responsible or which is not reasonably within its power to control (each an event of "Force
Majeure"). The party asserting Force Majeure shall give prompt notice to the other party of the
prevention of performance as soon as the asserting party is reasonably aware of such prevention
and has the burden of demonstrating(i)how and why their performance was so prevented, (ii)the
period of time during which they were so prevented from performing (which under the facts may
be equal to, or shorter or longer than,the duration of the Force Majeure event itself), and(iii)that
the party used reasonable efforts to mitigate and/or eliminate such prevention and resumed
performance under this Agreement as soon as reasonably practicable.
9.11 Representations. Each signatory represents this Agreement has been read by the
party for which this Agreement is executed,that each party has had an opportunity to confer with
counsel, on the matters contained herein.
9.12 Drafting Provisions. This Agreement shall be deemed to have been drafted equally
by all parties. The language of all parts of this Agreement shall be constructed as a whole
according to its fair and common meaning, and any presumption or principle that the language
herein is to be construed against any party shall not apply. Headings in this Agreement are for the
convenience of the parties and are not intended to be used in construing this Agreement.
9.13 Independent Contractor. Except as otherwise expressly provided herein, Coppell
and Grapevine agree and acknowledge that each entity is not an agent of the other entity and that
each entity is responsible for its own acts, forbearance, negligence and deeds, and for those of its
agents or employees in conjunction with the performance of services covered under this
Agreement.
PAGE 9 INTERLOCAL COOPERATION AGREEMENT FOR JAIL SERVICES
CITY OF GRAPEVINE AND CITY OF COPPELL
9.14 No Third-party Beneficiaries. Nothing in this Agreement shall be construed to
create any right in any third party not a signatory to this Agreement, and the parties do not intend
to create any third-party beneficiaries by entering into this Agreement.
9.15 Business Day. For purposes of this Agreement,the phrase"business day"means a
day that is not a Saturday,a Sunday,a federally recognized holiday,the Friday after Thanksgiving
Day, or such other day the Grapevine City Council has determined by resolution or ordinance that
Grapevine City Hall will not be open to the public for general city business.
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