HomeMy WebLinkAboutResolution No. 86-11 CITY OF THE COLONY
RESO .u io NO. & ll
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING
THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION
AGREEMENT BETWEEN THE CITY AND DENTON COUNTY FOR THE
PROVISION OF JAIL AND DETENTION SERVICES TO THE CITY FOR
CLASS C MISDEMEANOR ARRESTS; PROVIDING AN EFFECTIVE DATE.
NOW', THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS;
Section 1. That the City Manager of the City of The Colony, Texas is
hereby authorized and empowered to execute an Interlocal Cooperation
Agreement with Denton County for the provision of jail and detention
services to the City for class C misdemeanor arrests.
Section 2. That a true and correct copy of the Interlocal
Cooperation Agreement is attached hereto and incorporated herein.
Section 3. That this resolution shall take effect immediately from
and after its passage.
PASSED AND ~ APPROVED by the City Council of the City of The Colony,
Texas this the ~__day of _~. _ ~/ 1986.
of The "c"~ony, Texas
City Secretary, By of The Colony, Texas
APPROVED AS TO FORM:
~ At~~olony, Texas
STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT
THIS AGREEMENT is made and entered into this ..~V~a¥ of
1986, by and between DENTON COUNTY, a political subdivision of the State of
Texas, hereinafter referred to interehangeably as "Denton" or "County," and the
CITY OF THE COLONY, a municipal corporation, hereinafter referred to as "The
Colony."
WHEREAS, Denton is a duly organized political subdivision of the State of
Texas engaged in the administration of County Government and related services for
the benefit of the citizens of Denton County; and
WHEREAS, The Colony is a duly incorporated home rule city pursuant to
article 11, section 5 of the Texas Constitution, art. 1165 et seq of the Te~:as Revised
Civil Statutes (Vernon), as amended, and its Home Rule Charter; and
WHEREAS, this Agreement is being entered into between Denton and The
Colony in order to establish the standards and conditions upon which Denton agrees
to accept, process, hold, retain or release, by and through its jail or detention
center, persons arrested by law enforcement officers of The Colony and eharged
solely with an offense or with offenses classified as class "C" misdemeanors; and
WHEREAS, Denton and The Colony desire to enter into this Agreement
pursuant to Tex. Rev. Civ. Stat. Art. 4413(32e) (Vernon Supp. 1986), the Interloeal
Cooperation Act.
NOW THEREFORE, Denton and The Colony, for the mutual consideration
hereinafter stated, do hereby COVENANT, CONTRACT, WARRANT AND AGREE
as follows:
I.
That the above and foregoing preamble is incorporated herein and made a
part hereof as if copied herein in its entirety.
II.
The effective date of this agreement shall be the .~ ~(~ day of /f)?~ ,
1986.
III.
The initial term of this Agreement shall be for the period of ~_~T. / ,
198~to and through ~.~£ /°'T. .5~), 198~. Thereafter, this Agreement shall
'INTERLOCAL COOPERATION AGREEMENT, PAGE 1 OF 9
0027J
automatically be renewed for periods of twelve (12) month increments from the
termination date unless written notice of intent to terminate is given by either
party to the other within sixty (60) days of such termination.
IV.
Denton shall designate and does hereby designate the Sheriff of Denton to act
on behalf of Denton County, and to serve as "Liaison" for Denton with and between
Denton and The Colony. The Sheriff of Denton County, or his/her designated
substitute, shall insure the performance of all duties and obligations of Denton as
herein stated; and, shall devote sufficient time and attention to the execution of
said duties on behalf of Denton in full compliance with the terms and conditions of
this Agreement; and, shall provide immediate and direct supervision of Denton
County's employees, agents, contractors, sub-contractors, and/or laborers, if any, in
the furtherance of the purposes, terms and conditions of this Agreement for the
mutual benefit of Denton County and The Colony.
V.
The Colony shall designate its Chief of Police to act on behalf of The Colony,
and to serve as "Liaison" for The Colony with and between The Colony and Denton
and the Denton County Sheriff's Office to insure the performance of all duties and
obligations of The Colony as herein stated; and shall devote sufficient time and
attention to the execution of said duties on behalf of The Colony in full compliance
with the terms and conditions of this Agreement; and shall provide immediate and
direct supervision of The Colony employees, agents, contractors, sub-contractors,
and/or laborers, if any, in the furtherance of the purposes, terms and conditions of
this Agreement for the mutual benefit of The Colony and Denton.
VI.
Denton County reserves the right to determine the medical]health condition
of a proposed prisoner prior to acceptance of said prisoner for incarceration from
The Colony and in full accordance with the provisions set forth in the Texas State
Jail Standards for the determination of fitness of prisoners. Should a prisoner fail to
meet the health standards referenced herein, Denton reserves the right to refuse
and reject said proposed prisoner until such a time as The Colony may secure proper
medical treatment for said prisoner and said prisoner may qualify under the Texas
State Jail Standards as being of acceptable health to Denton.
INTERLOCAL COOPERATION AGREEMENT, PAGE 2 OF 9
oo2'~J
VII.
A. Denton County shall be responsible for proper payment and coverage of
medical expenses and directly related transportation costs necessary to the health,
safety and welfare of The Colony's prisoner pursuant to this Agreement, while said
prisoner is incarcerated pending charges filed by both Denton and The Colony, until
the resolution of the Denton County charges by means in accord with the laws of the
State of Texas.
B. Denton County shall be responsible for proper payment and coverage of
medical expenses and directly related transportation costs necessary to the health,
safety and welfare of The Colony's prisoner under this Agreement, while said
prisoner is incarcerated pending charges filed solely by Denton, until the resolution
of said charges by means in accord with the laws of the State of Texas.
C. The Colony shail be responsible for proper payment and coverage of
medical expenses and directly related transportation costs necessary to the health,
safety and welfare of The Colony's prisoner under this Agreement, while said
prisoner is ~carcerated pending charges filed solely by The Colony, until the
resolution of said pending charges by means in accord with the laws of the State of
Texas.
VIII.
Denton County reserves the right to refuse and reject a proposed prisoner
presented to Denton by The Colony for incarceration'when a question exists
concerning the prima facie legal sufficiency of the charges brought against
prisoner. Denton retains the right to review charges pending against the prisoner
and to be satisfied that all such charges are current and are of prima facie legal
sufficiency, and Denton County retains the right to refuse acceptance of a prisoner
should pending charges be questionable or prove insufficient for the holding of said
prisoner.
IX.
Denton County reserves the right to refuse and reject a proposed prisoner
presented to Denton by The Colony for incarceration when, in the sole judgment of
Denton, the 'jail is at full capacity with prisoners or inmates already incarcerated.
Denton reserves the right to accept prisoners charged with a class 'C" misdemeanor
in other jails in which Denton has the right, by contract, to place prisoners, with
INTERLOCAL COOPERATION AGREEMENT, PAGE 3 OF 9
00273
said prisoners to be accepted under the s~me guidelines as established and set forth.
in this Agreement.
X.
Denton County retains the right and authority to release prisoners or inmates
without bond or fine from custody or incarceration on any charge brought against
prisoner by The Colony if The Colony fails to file a probable cause affidavit or meet
other requirements of law supporting such taking into custody or incarceration.
Such requirements must be met by The Colony at or before 5:00 p.m. of the second
day following the day of incarce~tion of said prisoner.
XI.
Denton County agrees to indemnify and hold harmless The Colony, its agents,
and employee~, from and against all claims, damages, losses and expenses, including
reasonable attorney's fees, arising out of performance of the serwiees and duties
herein stated, which are (1) for bodily injury, illness or death, or for property
damage, including loss of use, and (2) caused in whole or in part by the negligent act
or omission of Denton, its agents or employees.
XII.
The Colony agrees to indemnify and hold harmless Denton, its agents, and
employees, from and against all claims, damages, losses and expenses, including
reasonable attorney's fees, arising out of performance of the services and duties
herein stated, which are (1) for bodily iniu~, illness or death, or for property
damage, including loss of use, and (2) caused in whole or in part by negligent act or
omission of The Colony, its agents or employees.
XIII.
Denton County shall be solely responsible for the techniques, sequences,
procedures and coor~lination of all work performed under the terms and conditions of
this Agreement, and shall insure, dedicate and devote the full time and attention of
those employees neeessar~ for the proper execution and completion of the duties
and obligations of Denton stated in this Agreement, and give all attention necessar~j
for such proper super~rision and direction.
INTERLOCAL COOPERATION AGREEMENT, PAGE 4 OF 9
0027J
XIV.
Denton County ~rees to and accepts full responsibility for the acts,
negligence or omission of Denton, its ~gents and employees.
XV.
The Colony agrees to and accepts full responsibility for the acts, negligence
or omissions of The Colony, its agents and employees.
XVI.
Denton County agrees to and accepts the duty and responsibility for and
overseeing all safety orders, precautions, programs and equipment necessary to the
reasonable safety of Denton's employees, agents, subcontractors or contract
laborers, and all other persons doing work under a contract or agreement with
Denton. ,
XVlI.
The Colony agrees to and accepts the duty and responsibility for and
overseeing all safety orders, precautions, programs and equipment necessary to the
reasonable sa.,fety of The Colony's employees, agents, subcontractors or contract
laborers, and all other persons doing work under a contract or agreement with The
Colony.
XVIII.
The Colony understands and agrees thai The Colony, its agents and employees
shall at no time represent themselves to be employees, servants, agents or
representatives of Denton County.
XIX.
Denton County understands and agrees that Denton, its agents and employees
shall at no time represent themselves to be employees, servants, agents or
representatives of The Colony.
XX.
Denton is a political subdivision of the State of Texas. The address of Denton
is:
Commissioners Court of Denton County
Carroll Courts Building
401 West Hickory
Denton, Texas 76201
Telephone (817) 565-8586
Attn: Randy Kaiser
Denton County Sheriff
INTERLOCAL COOPERATION AGREEMENT, PAGE 5 OF 9
oo2'~J
The Colony is a political subdivision of the State of Texas. The address of
The Colony is:
5576 North Colony Blvd.
The Colony, Texas 75056
Telephone: (9.14) 370-1756
Attn: Janiee Carroll
XXI.
For the services hereinabove stated, The Colony agrees to pay to Denton
County for the performance of this Agreement the sum of TWENTY-FIVE AND
NO/100 DOLLARS ($9.5.00) per day per prisoner confined in Denton County facilities
for charges brought by The Colony, said sum to be calculated beginning on the
second day or 25th hour of confinement. A day of service under this Agreement
shall be defined as any 9.4 hour period or any portion of any 24 hour period after the
initial 24 hour period of incarceration. This sum shall be paid monthly commencing
on ,1986.
XXII.
For the purposes of determining when a prisoner becomes solely a prisoner of
The Colony under a class "C" misdemeanor charge brought by The Colony and is no
longer a prisoner of Denton County for determination of billing procedures, a
prisoner shall no longer be considered a Denton County prisoner upon the occurrence
of any one Of the following:
A. County charges against prisoner, if any, have been fully
satisfied;
B. Prisoner has served sentence;
G. Costs have been paid or laid out for said prisoner;
D. Criminal charges have been dismissed; or
E. Prisoner has been found not guilty, or other disposition of the
charges against prisoner has occurred.
XXIII.
The Colony agrees to pay Denton County on a monthly basis within thirty (30)
days after receipt of an invoice from Denton identifying inmate's name, duration of
stay, charges as determined by this Agreement and reasonable incidental expenses.
Denton agrees to submit said invoice on a regular basis so that all accrued charges
due from The Colony are included on an invoice to The Colony not more than 45
days after the month in which the charges accrued. However, nothing herein shall
be construed to prohibit or prevent Denton from submitting invoices on a more
INTERLOCAL COOPERATION AGREEMENT, PAGE 6 OF 9
ooz?J
current basis than the maximum period set out in this paragraph. Any accrued
charges not actually billed by Denton to The Colony within the maximum time
period above referenced shah abate and be null and void. Any charges billed by
Denton and not paid by The Colony within the maximum period above referenced
shall be deemed delinquent and the County may exercise appropriate remedies to
recover such charges.
XXW.
This Agreement may be terminated at any time by either party giving sixty
(60) days advanced written notice to the other party. In the event of such
termination by either party, Denton shall be compensated pro rata for all services
performed to the date of termination, together with all charges then due from The
Colony and authorized by this Agreement. In the event of such termination, should
Denton be overcompensated on a pro rata basis for all services performed to the
date of termination, or be overcompensated for charges authorized by this
Agreement, The Colony shall be reimbursed pro rata for all overeompensation.
Acceptance .of said reimbursement shall not constitute a waiver of any claim that
may otherwise arise out of this Agreement.
XXV.
This Agreement represents the entire and integrated agreement between The
Colony and Denton and supersedes all prior negotiations, representations and/or
agreements, either written or oral. This Agreement may be amended only by
written instrument signed by both The Colony and Denton.
XXVI.
If The Colony and Denton County fall to sign, execute and otherwise
implement this Agreement or if this Agreement shall be suspended or terminated
and no contract be effective for the acceptance, processing, holding, maintenance
or release of prisoners by Denton from The Colony, Denton shall be under no
obligation to accept prisoners or inmates from The Colony on offenses classified by
state law as class "C" misdemeanors and further, Denton shall have no responsibility
for prisoners brought to the Denton jail or detention center under such charges.
XXVII.
In the event that any portion of this Agreement shall be found to be contrary
to law it is the intent of the parties hereto that the remaining portions shall remain
valid and in full force and effect to the extent possible.
INTERLOCAL COOPERATION AGREEMENT, PAGE 7 OF 9
oo27'~
The undersigned officer and/or agents of the parties hereto are the properly
authorized officials and have the necessary authority to execute this Agreement on
behalf of the parties hereto, and each party hereby certifies to the other that any
necessary resolutions extending said authority have been duly passed and are now in
full force and effect.
Executed in duplicate original at Denton, Denton County, Texas on the day
and year first written above.
DENTON COUNTY, TEXAS CITY OF THE COLONY
By:. By: "~.~e Carcoll
Honorable Buddy Cole
Denton County Judge /Oqty Manager, City of The Colony
ATTEST: " ATTEST:_
By: By.'~~
Mary Jo Hill Patti Jones (./'
Denton County Clerk City Secretary
INTERLOCAL COOPERATION AGREEMENT, PAGE 8 OF 9
ooa'7:l
STATE OF TEXAS §
. §
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, on this day personally appeared the
Honorable Buddy Cole, Denton County Judge, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he
executed the foregoing Interloeai Cooperation Agreement for the purposes and
consideration therein expressed, in the rapacity stated, and as the art and deed of
said County.
GIVEN under my hand and seal of office this the__ day of ,
1985.
Notary Public in and for the State of Texas
My Commission expires:
(Notary Printed Name)
[SEAL]
THE STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, on this day personaily appeared
Janice Carroll, City Manager, City of The Colony, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that
she executed the foregoing Interlocal Cooperation Agreement for the purposes and
consideration therein expressed, and in the capacity stated, and as the act and deed
of said Janice Carroll.
1986.
~s ~Ss~
~ ~,4,~-"~ ~Y .......... P~,,~'~ ._ Notary Public in and for~he State of TeXas
: . .. My Commission expires:
... ... 77-/
%,.~.~'~:"v ..... ~:g~.,'~ (Notary Printed Name)
%f. OF
[SEAL]
INTERLOCAL COOPERATION AGREEMENT, PAGE 9 OF 9
oo27j