HomeMy WebLinkAboutRes 2020-08-782 ILA Jail Services with Collin CountyCITY OF ANNA, TEXAS
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL
JAIL SERVICES AGREEMENT WITH COLLIN COUNTY.
WHEREAS, the City of Anna Chief of Police, in furtherance of the Police department's
purpose of preserving and protecting the public health and safety of the City's residents,
recommends that the City Council renew the agreement for jail services with Collin
County.
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") desires to
approve an Interlocal Agreement with Collin County for Jail Services.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Interlocal Agreement
The City Council hereby approves the Interlocal Jail Services Agreement attached
hereto as Exhibit 2, and authorizes, ratifies and approves the City Manager's execution
of same.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25cn
day of August, 2020.
ATTEST:
Carrie L. Land, City Secretary
PPROVE:
�,
Pike, Mayor
Interlocal all Services Agreement
This agreement is entered into on the _25th day of August , 2020,
by and between the City of Anna and Collin County. Both are political subdivisions of the
State of Texas.
Recitals
1. The County operates the Collin County Detention Facility, including the Minimum
Security facility, (the Detention Facility or County Jail) under chapter 351 of the Local
Government Code and part 9 of title 37 of the Texas Administrative Code,
2. The County generally operates the County Jail for the confinement of persons accused or
convicted of a violation of state law. See Code of Crim. Proc., arts. 2.17-2.18. But the
Sheriff may also accept custody of persons accused of class C misdemeanors. See Tex.
Att'y Gen. Op. No. JW151 (1984).
3. The City desires to obtain certain jail services from the County to be performed for the
City to insure the confinement of persons accused or convicted of a class C misdemeanor
or other violation of a municipal ordinance.
Therefore, under the authority of the Interlocal Cooperation Act, Chapter 791, Texas
Government Code, the parties agree as follows:
Section 1. Definitions
1.01 Jail Services
The term "jail services" means all services legally necessary to provide for the confinement
in the County Jail of persons accused or convicted of an offense.
Section 2. Term
2.01 Term
The term of this agreement shall commence on October 1, 2020, and shall continue in full
force and effect through September 30, 2021. This agreement may be renewed for
additional one (1) year periods at the rates established and agreed upon by both parties
each renewal year.
2.02 Termination
A party may terminate this Agreement for any reason by giving 90 days written notice to the
other party.
Section 3. Services
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3.01 Services
The County agrees to provide to City jail services necessary for the confinement of persons
accused or convicted of an offense, subject to the availability of space at the County jail at the
time the City requests jail services. Space will be unavailable when the County Jail is filled to
100% of its capacity and unable to accept additional inmates.
The Jail Administrator may determine when the County Jail is filled to 100% capacity and
unable to accept additional inmates. The Jail Administrator will consider the jail's
population, expected incoming inmates (e.g. under other jail -services agreements), expected
releases, the gender and security -classification mix of the inmate population, inmates' health
restrictions, space or cells needed to house and care for problematic or vulnerable inmates,
and state law, including the rules and regulations of the Texas Commission on Jail Standards.
At times, particular pods or cells may be unavailable for some reason, such as maintenance
which shall be taken into account in determining whether the County Jail is filled of 100% of
its capacity.
3.02 Persons Accepted
(1) The Detention Facility will accept persons arrested via a Class C warrant,
if the detainee is presented by a Peace Officer with the original warrant,
a certified or facsimile copy of a valid arrest warrant, or if the jail staff
receives a teletype or email confirmation of the warrant.
(2) The Detention Facility will allow any Peace Officer to execute any Class C
warrant on any detainee in the facility's custody, if the warrant is an
original, certified, facsimile, or similarly reliable copy, or if the jail staff
receives teletype or email confirmation.
(3) The Detention Facility will accept all on -view or warrantless arrests of
Class C violators. a officer must provide the Detention Facy
with (i) the time of arrest and (ii) a properly completed and signed
probable -cause affidavit for each person arrested, for compliance with
art. 17.033(a) of the Code of Criminal Procedure. Alternatively, an arresting
officer must provide an original, certified, facsimile, or similarly reliable
copy or confirmation of a magistrate's determination that probable cause
exists to believe the arrestee committed the offense as required by
art. 17.033(a) of the Code of Criminal Procedure.
(4) When a defendant has been convicted of a Class C misdemeanor, a
Judgment &Sentence is entered against the defendant under to art. 45.041
of the Code of Criminal Procedure. If the defendant defaults in the
discharge of the judgment, a Judge may order the defendant confined in a
jail. The Detention Facility will accept defendants on such jail
commitments only if they are accompanied by a certified copy of the
Judgment, Sentence and Order that complies with art. 45.046 of the Code of
Criminal Procedure, and that states in part:
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a. the defendant is not indigent and the defendant has failed in good
faith to discharge the fines and costs" or
b. "the defendant is indigent and has failed to make a good faith effort
to discharge the fine and costs under Article 45.049; and could have
discharged the fine and costs under Article 45.049 without
experiencing any undue hardship."
Section 4. Non -Exclusivity of Service Provision
The County may contract to perform services similar or identical to those specified in this
Agreement for other municipalities, utility districts, or governmental entities as the County,
in its sole discretion, sees fit.
Section 5. Compensation
5.01 Basic Charge
The City will pay the County a Basic Charge of $91.41 per day or part of a day per inmate
that the City requests be confined on the City's charges, and who is confined, in the County
Jail. This Basic Charge, along with Additional Charges under sections 5.02-5.04, will fairly
compensate the County. See Gov't Code, § 791.011(e).
5.02 Additional Charges
In addition to paying the Basic Charge, the City will reimburse the County for expenses
associated with providing jail services to inmates held on the City's charges (the Uty's
inmates). The City will reimburse the County for providing health-care services,
including ambulance, medical, hospital, dental, and psychiatric or psychological services
to the City's inmates. Where reasonable and consistent with the County's legal
obligations to care for inmates, including providing them with first aid and emergency
and non -emergency medical care and care and monitoring for an at -risk inmate, the
County will take reasonable steps to confer with the City about the reasonably foreseeable
costs of maintaining the City's inmates in the Detention Center before incurring an undue
balance of such costs.
For conference purposes, "the City" means an officer with sufficient authority to make
binding decisions about an inmate's care or whether to issue a personal recognizance
bond with respect to an inmate.
In provisions of the Sandra Bland Act, the legislature directed the Texas Commission on
Jail Standards to adopt rules and procedures with regard to a county jail providing access
to a mental -health professional through a telemental health service 24 hours a day, access
to a health professional at the jail or through a telehealth service 24 hours a day, or, if a
health professional is unavailable at the jail or through a telehealth service, provide for
the City's inmate to be transported to access a health professional. See Sandra Bland Act,
S.B. 1849 (2017)5 85th Reg. Sess., § 3.05 (codified at Gov't Code, § 511.009(a)(23)); id.
3
§ 3.10 (requiring the Commission to adopt rules and procedures under § 5114009(23) no
later than Sept. 1, 2018, and requiring a county jail to comply with such rules and
procedures on and after September 1, 2020). It is possible that Collin County —with
advice fiom its health -services provider or other expert —will voluntarily take steps to
comply with such rules and procedures or provide these types of access to inmates before
September 1, 2020. If so, then Collin County will confer with the City about its plans to
comply with the Sandra Bland Act, regulations resulting from the Act, or similar law, and
the parties will negotiate terms for the City to reimburse the County for reasonable costs
of providing such services to the City's inmates.
5.03 Billing
The County will bill the City monthly for jail services. The City will pay the bills under
Chapter 2251 of the Government Code, including interest on payments that are not timely
made as provided therein.
5.04 Cost of Additional Charges
The County will charge the City for services under section 5.02 of this Agreement at the cost
to the County of providing those services to the inmates. The County will provide reasonable
documentation or other support of such charges upon the City's request.
5.05 Source of Payment
The City will make all payments required under this Agreement fiom current revenues
available to the City. See Gov't Code, § 791.011(d)(3).
Section 6. Lawful Arrest and Detention
The City will comply with all federal, state and local laws regarding conditions precedent to
arrest and detention including, but not limited to, determinations of probable cause and other
requirements necessary for lawful arrest and detention. Further, the City is solely responsible
for compliance with pre -detention procedures and that the City will hold the County harmless
from any liability, including, but not limited to, obligations, costs, claims, judgments,
attorneys' fees and litigation costs, and attachments, caused by or flowing from the City's
alleged or actual failure to comply with conditions precedent to lawful arrest and detention.
Section 7. Procedures
7.01 Delivery and Release of Inmates
The City agrees to comply with all County rules and procedures regarding jail security in
delivering inmates to the Collin County Jail and receiving inmates to be released.
7.02 Removal on Termination
The City agrees to remove all per confined on the City's behalf in the Collin County Jail
pursuant to this Agreement at least one day before the date of this Agreement's termination.
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Section S. Civil Liability
The City is responsible for any civil liability that arises fiom the County's provision of
services under this Agreement. See Gov't Code, § 791.006(b). The City will defend,
indemnify, and hold harmless the County from and against all demands, claims, damages,
losses and liabilities, including reasonable attorney's fees and litigation expenses, that
arise directly or indirectly from the County's performance of this Agreement. This
provision falls under subsection (b) of sections 5 and 7 of article XI of the Texas
Constitution.
For purposes of this section 8, "County" includes its officials, officers, deputies,
employees, insurers, and agents.
With regard to the provision of a defense under this paragraph, the County will
reasonably cooperate with the City in defending a claim or suit, including providing
reasonable access to, and copies of, documents, electronic or magnetic data, and access to
witnesses or other persons with discoverable knowledge such as detention officers,
employees, or other persons under the County's supervision or control.
This agreement does not create any form of personal liability on the part of any official,
officer, employee, or agent who is an individual of the City of Anna or Collin County.
Bach party will not sue or try to hold an official, officer, employee, or individual agent of
the other party personally liable for any personal injuries or property damage.
The parties do not waive any form of immunity by signing this agreement other than as
provided herein.
The parties do not intend to create a claim or right for, or in favor of, a person who is not a
any to this agreement.
Section 9. Amendment
This Agreement will not be amended or modified other than in a written agreement signed by
the parties. No party will try to enforce a purported amendment that is not written and
properly approved by each party's governing body under section 791.011(d) of the
Government Code.
Section 10. Controlling Law
Texas law will govern this Agreement and the parties' claims and defenses arising out of, or
related to, their relationship and performances under this Agreement, regardless of a forum's
choice -of -law rules.
Section 11. Notices
11.01 Form of Notice
5
Unless otherwise specified, the parties will communicate under this Agreement in writing or
by email. A party will send important communications, including communications under
section 12, in writing and by certified mail to the liaisons in section 11.02.
11.02 Addresses
All communications provided for in this Agreement shall be addressed as follows:
(A) Collin County, to:
Sheriff Jim Skinner
Collin County Sheriff's Office
4300 Community Ave.
McKinney, Texas 75071
(B) Collin County Administrator, to:
Bill Bilyeu
2300 Bloomdale #4192
McKinney, Texas 75071
(C) Collin County Purchasing
Collin County Administration Bldg.
2300 Bloomdale Road, Suite 3160
McKinney, Texas 75071
(D) If the City, to:
Chief Jeff A. Caponera
101 S. Powell Parkway
Anna, Texas 75409
or to such person at such other address as may from time to time be specified in a notice
given as provided in this section 11. The City may also provide a copy of a communication
to:
The Honorable Chris Hill
Collin County Judge
Collin County Administration Building
2300 Bloomdale Rd. Suite 4192
McKinney, Texas 75071
Section 12. Resolution of Disputes
Should a dispute arise out of this agreement, the County and the City will first attempt
to resolve it through direct discussions in a spirit of mutual cooperation. If the Parties'
attempts to resolve their disagreements through negotiations fail, the disputes will be
mediated by a mutually acceptable third party to be chosen by the County and the City
within fifteen days after written notice by one Party to the other demanding mediation
under this section. The County and City will share equally in the costs of the
mediation. This section's purpose is to reasonably ensure that the County and the City
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will in good faith use mediation or another non -binding dispute resolution process
before pursuing litigation. A Party's participation in mediation or another non -binding
dispute resolution process will not be construed as a waiver by a Party of (1) any rights,
privileges, defenses, remedies or immunities available to a Party; (2) a Party's
termination rights; or (3) other termination provisions or expiration dates provided
herein. In the event of a lawsuit or any form of ADR, each party will bear its own
attorney's fees and expenses.
Section 13. Captions
The headings to the various sections of this Agreement have been inserted for convenient
reference only and shall not modify, define, limit or expand the express provision of this
Agreement.
Section 14. Counterparts
This Agreement maybe executed in counterparts and maybe photocopied. A party may use a
complete counterpart or photocopy as if it were an original.
Section 15. Obligations of Condition
All obligations of each party under this Agreement are conditions to further performance of
the other parry's continued performance of its obligation under the Agreement.
Section 16. Exclusive Right to Enforce this Agreement
The County and the City have the exclusive right to bring suit to enforce this Agreement, and
no other party may bring suit, as a third -party beneficiary or otherwise, to enforce this
Agreement.
Section 17. Prior Agreements Superseded
This Agreement constitutes the sole and only agreement of the parties as to the matters set
forth here.
In witness whereof, the parties hereto have executed this Agreement as of the day and year
first above written.
SectionPartnership or Agency
The Parties hereto have not created a partnership and nothing contained in this
Agreement shall in any manner whatsoever constitute any Party the partner, agent or legal
representative of the other Party, nor create any fiduciary relationship between them for any
purpose whatsoever. No Party shall have any authority to act for, or to assume any
obligations or responsibility on behalf of, the other party except as may be, from time to
time, agreed upon in writing between the Parties or as otherwise expressly provided in this
Agreement.
Section 19. Force Majeure
Force Majeure: No party shall be liable or responsible to the other parry, nor be deemed to
have defaulted under or breached this Agreement, for any failure or delay in fulfilling or
performing any term of this Agreement, when and to the extent such failure or delay is
caused by or results from acts beyond the affected party's reasonable control, including,
without limitation: acts of God; flood, fire or explosion, war, invasion, riot or other civil
unrest; actions, embargoes or blockades in effect on or after the date of this Agreement;
or national or regional emergency (each of the foregoing, a "Force Majeure Event"). A
party whose performance is affected by a Force Majeure Event shall give notice to the
Aber party, stating the period of time the occurrence is expected to continue and shall use
diligent efforts to end the failure or delay and minimize the effects of such Force Majeure
Event.
Collin County, Texas
By:
Chris Hill, County Judge
City of
By:
Title:
Date:
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