HomeMy WebLinkAboutRes 2017-08-341 2018 Jail Services Agreement CITY OF ANNA, TEXAS
RESOLUTION NO. AO I�- 6S-341
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 1, 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 25th
day of July, 2017.
ATTEST: APPROVED:
d A A 0 t
-C
"T" Mike Crist, Mayor-arrie L. Smith, C�f8�6cretary=->< '.'
RESOLUTION NO.G�e) PAGE 1 of 1
COURT ORDER NO. 2017- -10-02
THE STATE OF TEXAS
COUNTY OF COLLIN
Subject: Interlocal Agreement, Jail Services, City of Anna—Sheriff
On October 2, 2017, the Commissioners Court of Collin County, Texas, met in regular
session with the following members present and participating, to wit:
Keith Self Not Present County Judge, Presiding
Susan Fletcher Commissioner, Precinct 1
Cheryl Williams Not Present Commissioner, Precinct 2
Chris Hill Commissioner, Precinct 3
Duncan Webb Commissioner, Precinct 4
During such session the court considered a request for approval of an Interlocal Jail Services
Agreement with the City of Anna.
Thereupon, a motion was made, seconded and carried with a majority vote of the court for
approval of an Interlocal Jail Services Agreement with the City of Anna through and including
September 30, 2018. Same is hereby approved as per the attached documentation.
Not Present
Keith elf, ounty udge
usan tcher, Com ssioner, Pct. 1
Nt Presen
Cheryl Williams, Commissioner, Pct. 2
Chris Hill, Co issioner, Pc .
ATTEST:
Duncan ommissione , ct. 4
ey Ke x- ici ler
Commissioners ourt
Collin County, T E X A S
1%mdata011C0mmissioner Courtlshepherdge%1 Word Data%Court 20171COURT ORDERS110-02-17 Court%Signed143763-Jail Services-Canna 1002.doc
Interlocal Jail Services Agreement
1!and begween thereement iCrtytered of Anna o on the
""'and 2�— !��� - y � 2017 by
("City") Collin County, apolitical u — s
sub"'
of the
State of Texas ("County").
Recitals
1. The County operates the Collin County Jail in accordance with Chapter 351, Texas Local
Government Code.
2. The County operates the County Jail for the confinement of persons accused or convicted
of an offense.
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 an offense.
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 Collin County Jail of persons accused or convicted of an offense.
Section 2. Term
2.01 Term
The term of this Agreement shall be for a period of one (1) year ending September 30, 2018
and may be renewed for an additional one(1)year term as agreed in writing by both parties.
2.02 Termination
Either party may terminate this Agreement by giving ninety (90) days written notice to the
other party.
Section 3. Services
3.01 Services to be Provided
The County agrees to provide the 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. For the purposes of this Agreement, space shall be
deemed to be unavailable when the Collin County Jail is filled to 100%of its capacity.
3.02 Persons Accepted
(1) The Collin County Sheriff's Office 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 a
Teletype Confirmation of the warrant is received by the Collin County Sheriff's
Office.
(2) The Collin County Sheriff's Office Detention Facility will allow any Peace
Officer to execute any Class C warrant on any detainee in our custody, if the
warrant being executed by that officer is an original, certified, or facsimile copy,
or Teletype Confirmation received by the jail staff.
(3) The Collin County Sheriff's Office Detention Center will accept all on-view
arrests of Class C violators.
i
(4) When a defendant has been convicted of a Class C misdemeanor, a Judgment &
Sentence is entered against them pursuant to Tex. Code Crim. Proc. Art. 45.041.
If that defendant defaults in the discharge of the judgment, a Judge may order the
defendant confined in a jail. The Collin County Sheriff's Office Detention
Facility will accept such defendants on jail commitments if they are accompanied
by a certified copy of the Judgment, Sentence and Order that complies with Tex.
Cod Crim.Proc.Art.45.046,stating in part:
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 fines and costs under Article 45.049; and could have
discharged the fines and costs under Article 45.049 without experiencing
any undue hardship."
Section 4. Non-Exclusivity of Service Provision
i
E
The parties agree that the County may contract to perform services similar or identical to
those specified in this Agreement for such additional governmental or public entities as the
County, in its sole discretion,sees fit.
Section 5. Compensation
5.01 Basic Charge
The City shall pay the County a Basic Charge of$69.79 per day or part of a day per inmate
that the City requests be confined, and who is confined, in the Countyjail.
5.02 Additional Charges
In addition to the Basic Charge, the City shall pay County additional charges to reimburse
County for expenses associated with providing jail services to inmates. These charges
include, but are not limited to the following: charges for providing health care services,
including medical,hospital and dental services to inmates.
5.03 Billing
The County shall bill the City monthly for jail services provided under this Agreement. The
City agrees to pay the bills within thirty(30)days of the billing date.
5.04 Cost of Additional Charges
Charges billed to the City for services under Section 5.02 of this Agreement shall be at the
cost to the County of providing those services to the inmates.
5.05 Source of Payment
The City agrees that payments it is required to make under this Agreement shall be made out
of the City's current revenues.
Section 6. Lawful Arrest and Detention
P
The parties agree that 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
parties agree that 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 attachments, caused by or
flowing from failure by the City 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 n County Jail and receiving inmates to be released.
7.02 Removal on Termination
The City agrees to remove all persons confined on the City's behalf in the Collin County Jail
pursuant to this Agreement at least one (1) day prior to the date of termination of this
Agreement.
Section 8. Civil Liability
Any civil liability relating to the funishin
g of services under this Agreement shall be the
responsibility of the City. The parties agree that the County shall be acting as agent for the
City in performing the services contemplated by this Agreement.
The City shall defend the County with respect to all claims arising out of the County's
performance under this agreement. The City will also hold the County free and harmless from
any obligation, costs, claims, judgments, attorneys' fees, attachments, and other such
I liabilities arising from or growing out of the services rendered to the City pursuant to the
terms of this Agreement or in any way connected with the rendering of said services, except
when the same shall arise because of the willful misconduct or culpable negligence of the
I County,and the County is adjudged to be guilty of willful misconduct or culpable negligence
by a court of competent jurisdiction.
Section 9. Amendment
This Agreement shall not be amended or modified other than in a written agreement signed
by the parties.
Section 10. Controlling Law
This Agreement shall be deemed to be made under, governed by, and construed in
accordance with,the laws of the State of Texas.
Section 11. Notices
11.01 Form of Notice
i
Unless otherwise specified all communications provided for in this Agreement shall be in
writing and shall be deemed delivered whether actually received or not forty-eight(48)hours
after deposit in the United States mail, first class, registered or certified, return receipt
requested,with proper postage prepaid or immediately when delivered in person.
11.02 Addresses
All communications provided for in this Agreement shall be addressed as follows:
(a) if the County,to: (b)if to the County, Copy to:
i
Keith Self, County Judge Sheriff Jim Skinner
Collin County Administration Bldg. Collin County Sheriff's Office
2300 Bloomdale Road 4300 Community Ave.
McKinney, Texas 75071 McKinney, Texas 75071
(b) if the City,to:
-7rq()q
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. In addition, notice of termination of this Agreement by
the City shall be provided by the City to the County Judge of Collin County as follows:
The Honorable Keith Self
Collin County Judge
Collin County Administration Bldg.
2300 Bloomdale Road
McKinney, Texas 75071
I
i
Section 12. Resolution of Disputes
i
Should a dispute arise out of this agreement, County and City shall 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 County and City within
fifteen (15) days after written notice by one Party to the other demanding mediation
under this section. The County and City shall share equally in the costs of the
mediation. The purpose of this Section is to reasonably ensure that County and City
shall in good faith utilize mediation or another non-binding dispute resolution process
before pursuing litigation. A Party's participation in mediation or another non-binding
dispute resolution process shall 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.
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 may be executed in counterparts, each of which,when taken separately, shall
be deemed an original.
i
Section 15. Obligations of Condition
}
All obligations of each party under this Agreement are conditions to further performance of
the other party'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 hereto and supersedes
any prior understanding or written oral agreements between the parties respecting the services `
to be provided under this Agreement.
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