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HomeMy WebLinkAbout065361 - General - Contract - City of ArlingtonCSC No. 65361 INTERLOCAL AGREEMENT BETWEEN CITY OF FORT WORTH AND CITY OF ARLINGTON FOR DETENTION SERVICES THIS AGREEMENT ("Agreement") is made by and entered into by and between the City of Fort Worth ("Fort Worth"), a home rule municipal corporation of the State of Texas, and the City of Arlington, a home rule municipal corporation of the State of Texas ("COA"). Fort Worth and COA are herein individually referred to as a "party" and collectively as the "parties". RECITALS: WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes local governments within the State of Texas to contract with one another for the purposes providing various governmental functions and the delivery of various governmental services, including detention services; and WHEREAS, COA is the operator of the City of Arlington Detention Facility, which is a Located at 620 W. Division Street, Arlington TX 76010 ("Detention Facility") WHEREAS, Fort Worth and COA have agreed COA shall provide detention services to Fort Worth as set forth in this Agreement. NOW THEREFORE, for the mutual consideration herein stated, Fort Worth and COA agree as follows: Section 1. Definitions 1.1 Additional Inmate Daily Housing Rate. Additional Inmate Daily Housing Rate shall be the fee charged per bed per day beyond the initial 913 beds used by Fort Worth, and shall be paid in accordance with the Fee Schedule attached as Exhibit "A". 1.2 APD. APD means the City of Arlington Police Department and its personnel. 1.3 Arrested Person. Arrested person means any person arrested by an agent of Fort Worth but not yet detained in the Detention Facility. 1.4 Book -in. Book -In means the intake process by which Prisoners are received for confinement. 1.5 Book -In Form. Book -In Form means the sheet that is completed at the time of Book -In containing all personal information of Arrested Person, criminal charges against Arrested Person, and the required mental health and medical information. 1.6 City of Arlington Holidays. The City of Arlington Holidays are: January 1st, MLK Birthday (3r, Monday in January), Memorial Day, Juneteenth, July 411, Labor Day, Thanksgiving, Friday after Thanksgiving, Christmas Eve, Christmas Day, and are subject to change at City of Arlington's sole discretion. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1.7 County Charge(s). A charge brought forth by an agent of the Fort Worth Police Department from a class "B" misdemeanor up to a Capitol Felony. 1.8 Daily Housing Rate. The daily housing rate shall be the fee charged per bed, per day for the initial 913 beds annually (2.5 beds per day) solely for Fort Worth and shall be paid in accordance with the Fee Schedule attached as Exhibit'W'. 1.9 Detention Facility. Detention Facility shall have the meaning as set forth in the second recitals clause of this Agreement, above. 1.10 Division Captain. Division Captain means the Fort Worth Police Department Criminal Investigation Support Division Captain. 1.11 Fort Worth Contractor. Fort Worth Contractor shall mean the entity with which Fort Worth contracts services related to Book -In of Prisoners at 350 Belknap, Fort Worth, Texas, and the transport of Prisoners to and from the Detention Facility. 1.12 FWPD. FWPD means the Fort Worth Police Department and its personnel. 1.13 Jail Administrator. Jail Administrator means the Jail Commander over the Detention Facility for the City of Arlington. 1.14 Magistration. Magistration means the performance of that duty by a Texas magistrate to inform a prisoner of the charges he or she is accused of, his or her rights under the laws of Texas and the United States, determine probable cause for the arrest, review arrest affidavits and search warrants, set the amount of bail for each charge, issue protective orders and all other matters authorized by law. 1.15 Non -Fort Worth Class C Warrant. A Non -Fort Worth Class C Warrant means a warrant issued for an offense that occurred outside the city limits of Fort Worth or for which the City of Fort Worth does not have original jurisdiction. 1.16 Prisoner. Prisoner means any prisoner arrested by an agent of Fort Worth and charged with a Non -Fort Worth Class C warrant(s) or a County Charge(s). 1.17 PC Determination. PC determination means the determination by a Texas magistrate of probable cause for arrest. 1.18 Prisoner Day. Prisoner Day means a 24-hour period beginning from the time of intake by COA. Section 2. Term and Payment 2.1 Term. This agreement shall be for a term of one year, commencing on June 1, 2026, and ending on May 31, 2027 (the "Term"). Unless terminated earlier in accordance with Section 7.1 herein, or unless extended by mutually written agreement of the parties, this Agreement shall automatically renew for four consecutive terms of one year each following the Initial Term (each a "Renewal Term"). 2.2 Payment by Fort Worth. Fort Worth shall pay COA the Daily Housing Rate, Additional Inmate Daily Housing Rate, and other agreed upon charges in an approximate annual amount of Two Hundred Thousand and 00/100 Dollars ($200,000.00) for the Term of this Agreement. COA shall reserve 913 beds per year (approximately 2.5 beds per day) for the exclusive use of Fort Worth. Fort Worth will be billed for all 913 beds, regardless of actual usage, for a guaranteed minimum annual payment of Two Hundred Thousand Dollars ($200,000). Any beds used by Fort Worth beyond the initial 913 shall be billed at a rate of $200 per bed. COA shall invoice Fort Worth on a quarterly basis with the detail supporting the amount of the invoice. Fort Worth shall pay the invoice within (30) days of receipt. Pursuant to Texas Government Code Section 791.011, COA acknowledges that the payment by Fort Wort set forth herein fairly compensates COA for the services and functions performed under the contract. Section 3. Detention Processing and Services 3.1 Book -In of Arrested Person. 3.1.1 Detention Services shalt be provided for Prisoners who are arrested on County Charge(s) by an agent of Fort Worth and for Prisoners that have been magistrated, prior to transferring custody to Tarrant County. 3.1.2 For Arrested Persons who are charged with Non -Fort Worth Class C Warrants, Fort Worth will notify the confirming agency from which the warrants originated that the Arrested Person will be transferred, detained, and housed at the Detention Facility, providing the mnemonic address "ARX1 " Arlington Police Dispatch and "ARX2" Arlington Jail Bond Clerk for future notifications between Detention Facility and the confirming agency. 3.1.3 Added Charges. 3.1.3 If another agency adds a Class B or above charges) to the Prisoner after the Prisoner is accepted into the custody of COA in the Detention Facility, COA will make arrangements for the Prisoner to be arraigned by a Tarrant County Judge. 3.2 Acceptance of Prisoners. 3.2.1 COA shall accept the Prisoners from Fort Worth between the hours of 7:00 AM to 4 PM, Monday thru Friday, except on City of Arlington Holidays. The Arlington Police Department will utilize their department's jail transport van and is restricted to these hours. The Arlington jail transport van will be utilized to transport from the Detention Center in Fort Worth to the Detention Center in Arlington, direct transport only. Any transport outside of these designated hours is the sole responsibility of the City of Fort Worth. 3.2.2 Fort Worth must call the Arlington detention Center Facility in advance to request transport. All Prisoners transported to the Arlington Detention Facility are required to have been Booked -in by Fort Worth and have completed the Probable Cause Determination, magistration process and pending transport to Tarrant County. Fort Worth must notify the Arlington Detention Facility and report (i) number of person(s) to be transported (ii) gender of Arrested Persons (iii) known medical ailments. 3.2.3 Arlington transport will provide an estimated time frame for arrival to retrieve the Prisoners. Upon arrival at the Fort Worth Detention Facility, Fort Worth shall prepare the Prisoners and complete any search or dress -out procedure. COA, in consultation with Fort Worth, reserves the right to modify the pick up time in the event the Restricted Hours, or agreed upon pick up time is interrupting or negatively impacting the COA Detention Facility operations. 3.2.4 Fort Worth shall provide the Book -In and orders for commitment executed by the Fort Worth's Municipal or County judge for each Arrested Person upon arrival at the Detention Facility and COA shall complete the necessary COA intake forms, including the COA medical form and the COA property form. 3.2.5 COA's transporter shall stay until all Prisoner's have been searched and COA forms completed. 3.2.6 COA will accept only minimal personal property for Prisoners, with the general rule being that the property must be the size that fits on the Prisoner's person or in the Prisoner's pockets. Fort Worth shall place any Prisoner's personal property that measures larger than the property storage system utilized by COA in the Fort Worth Property Room. COA and Fort Worth shall establish procedures governing the logging, securing, transfer, and return of inmate property. Responsibility for missing or unaccounted-for property shall be assigned in accordance with those procedures. 3.2.7 COA shall have the right to refuse any Arrested Person entry into the Detention Facility, if the Arrested Person shows signs of intoxication, illness, injury, other medical condition, mental incapacity, a psychiatric condition requiring medical care, is violent, or otherwise cannot be safely housed in accordance with APD's polices and operational standards. For clarity, COA may exercise this right of refusal any time prior to Arrested Person being booked into the Detention Facility. 3.2.3 Notwithstanding any provision to the contrary in this Agreement, the Parties agree that the maximum number of Prisoners held at the Detention Facility at any time shall not exceed 20 Prisoners, without the written prior approval of the Jail Administrator. Furthermore, COA reserves the right to reject any Prisoner if COA, in its sole discretion, is at or near capacity at the Detention Facility. 3.3 Housing, Custody, and Care of Prisoners,. 3.3.1 Upon intake by COA at the Detention Facility, COA agrees to accept full responsibility for the custodial care of Prisoners. COA shall provide for the secure custody, care, and safekeeping of Prisoners, in accordance with state and local law. COA shall provide all necessary Prisoner restraint devices, Prisoner temporary clothing, property control items, and other such related equipment required for the Detention Facility. COA shall provide the necessary detention officers and other employees to properly supervise and operate the Detention Facility. COA will not provide for Magistration or arraignment. 3.3.2 COA shall be solely responsible for all control, techniques, sequences, procedures, means, and for the coordination of the Detention Facility and all work performed under terms and conditions of this Agreement regarding the holding and incarceration of all Prisoners booked in the COA Detention Facility. 3.3.3 The actual searching and detention of all Prisoners at the Detention Facility is the primary responsibility of COA; however, this does not preclude Fort Worth from assisting with combative or resistive persons. 3.3.4 GOA shall maintain a log and other applicable records of all significant events related to Prisoners transported from the Fort Worth Detention Facility. COA shall initiate investigation in all in -custody death and situations involving Critical Police Incidents (as defined by FWPD General Orders) which occur within the Arlington Detention Facility. COA shall provide Fort Worth with access to all investigative materials related to in -custody deaths involving Fort Worth Prisoners and Critical Police Incidents. Fort Worth shall provide input on any such investigations as deemed necessary by the parties. All final decisions regarding an investigation under this section or disciplinary action, if any, of any COA employee shall be at the discretion of the Arlington Police Chief. All final decisions regarding an investigation under this section or disciplinary action, if any, of any Fort Worth employee shall be the discretion of the Fort Worth Police Chief. 3.3.5 COA shall provide language translators at the Detention Facility when necessary to communicate commands or instructions during incarceration. This does not preclude Fort Worth using qualified personnel to assist with language translations. 3 3.$ COA shall make available to Fort Worth, upon Fort Worth's request, a Prisoner for interview, interrogation, or other legal purposes, in accordance with reasonable regulations established by COA. 3 3.7 Fort Worth shall notify COA in advance of any special events that Fort Worth anticipates may result in a larger number of Prisoners than the daily average. If the Detention Facility is full and COA cannot accept more Prisoners, COA shall notify Forth Worth jail Sergeant as soon as practical. 3A Ron :ng Services. COA shall provide bonding services, other than Magistrate services related to bonding, at the Detention Facility. Transfer of bond payments shall be made in accordance with the designated payment system through the North Central Texas Council of Governments (NCTCOG) Interlocal Agreement for shared services for electronic warrant payments, attached hereto as Exhibit "C". 3.5 Prisoner Reports. COA shall keep track a daily list of all Prisoners in custody at the Detention Facility from Fort Worth, including their names, reason for detention, the number of hours each Prisoner has been confined at the Detention Facility and a running total of Prisoner Days for the current Contract Term. This information will be provided to Fort Worth at their request at any time. 3..6 Medical Services, 3.6 1 COA shall provide routine medical services to all Prisoners housed at the Detention Facility. COA shall utilize the Jail paramedic when they are on their assigned hours. In instances where the Jail paramedic is not present, contacting an Ambulance is appropriate. COA shall follow their Standard Operating Procedures. Routine Medical Services include: () Those authorized by law to be provided by on -site staff. (ii) Provision of non-prescription medicines and commonly available medical supplies; and (iii) Provision of prescription medications provided that the medicine has the Prisoner's name on the prescription label, the medicine matches the description on the label, and the prescribed medicine is not expired. 3.6.2 In -custody transportation for emergency medical treatment will be provided for Prisoners who are designated as Fort Worth Prisoners in the COA Detention Facility. FWPD will provide a singular point of contact for COA to call for a FWPD unit to respond. FWPD will prioritize the call to ensure rapid response as possible given existing workload. FWPD is expected to replace the COA officer within 2 hours of the call for service being generated. If applicable, COA shall send notice of the medical transport via teletype message to any outside agency from which a Prisoner's warrant originated. If the need for medical services is determined as a life -threatening emergency the Prisoner will be transported to the nearest medical facility - Arlington Memorial Hospital (AMH). All other transports are to be sent to John Peter Smith Hospital (JPS) in Fort Worth. It is the sole discretion of FWPD to release any prisoner who was originally in their custody. If FWPD releases any prisoner, FWPD will immediately provide COA with the release paperwork. 3.7 Release Functions. 3.7.1 Fort Worth shall be responsible for the computation and processing of a Prisoner's time of confinement, including but not limited to computation of good time awards, credit and discharge dates. It shall be the responsibility of Fort Worth to notify COA of any discharge date for Prisoners. 3.7.2 COA shall provide all required documents and information, as required by statute or directive, to all Prisoners who are released or bonded. COA shall make the notifications for release of family violence offenders required by Article 42.21 of the Texas Code of Criminal Procedure, and any other release notifications as required by law, and return the completed notification form to Fort Worth. U 8 Detention Facility Maintenance. COA shall be responsible for the maintenance and repairs at Detention Facility. COA shall maintain all areas designated as "public access" at the Detention facility at a clean and safe condition. The Detention Facility shall also comply with applicable City of Arlington ordinances, and all State and Federal regulations and standards. 3.9 Prisoner Testing. COA agrees that if a Fort Worth employee or contractor experiences an exposure to a blood - borne pathogen and the source is under the control and custody of Detention Facility, Fort Worth is responsible for obtaining a warrant to obtain a blood sample from the prisoner. After Fort Worth presents a valid warrant to COA, COA shall allow the Fort Worth Fire Department's EMS personnel to enter the Detention Facility to seek necessary consent and draw the blood sample, where allowed by applicable law, to deliver to a Fort Worth designated lab for testing. The lab cost of testing a source that exposes a Fort Worth employee or contractor to an infectious disease shall be the sole responsibility of Fort Worth. 3.10 Staff Training.. COA agrees that it will train all staff members on the operations and procedures related to handling of Arrested Persons and the Property at the Detention Facility. COA agrees to provide notice to staff, and training, when necessary, of new policies/practices related to this Agreement within thirty (30) days of the effective date of the change. 3_11 Fort Worth Contractor. Fort Worth may use the Fort Worth Contractor to perform its duties under this agreement. Section 4. Responsibility of Losses 4.1 Non -Liability for Acts of Other Party Fort Worth, its officers and employees, shall not be liable for any claims, damages, and attorney fees arising from the negligent or illegal acts of COA, its officers or employees in relation to the performances of the Agreement or the condition of real or personal property controlled by COA. COA, its officers and employees, shall not be liable for any claims, damages, and attorney fees arising from the negligent or illegal acts of Fort Worth, its officers or employees in relation to the performance or this agreement or the condition of real or personal property controlled by Fort Worth. 4,2 Comparative Rtsponsibilitv:. If both Fort Worth and COA found to be liable for any claims, damages or attorney fees arising from the negligence or illegal acts of COA and Fort Worth employees under this Agreement, COA and Fort Worth shall be liable for the portion of the claims, damages, and attorney's fees that arise from the negligent or illegal acts of that party as determined by the court adjudicating the matter or as agreed in any settlement. 4.3 Workers Compensation. If any Fort Worth officer or employee suffers any loss while performing duties contemplated by this Agreement, Fort Worth shall be at risk for the liability for the loss under its workers compensation insurance. If any COA officer or employee suffers any loss while performing duties contemplated by this Agreement, COA shall be at risk for the liability for the loss under its workers compensation insurance. Section 5. Performance Standards and Standard Operating Procedures Standard Operating Procedures. The parties agree to adhere to the COA Standard Operating Procedures for jail operations. A copy of which shall be provided to Fort Worth upon request. 5,2 Compliance Report The Jail Administrator and the Fort Worth Police Department Division Captain (or their designees) shall jointly complete an annual physical inspection of the Detention Facility. An annual report concerning compliance with all performance standards listed in Exhibit "B" to this Agreement shall be jointly developed no later thank the 1 st day of June each year. The report shall be provided to the Chief's of Police of Fort Worth and COA. Section 6. Notice 6,1 In General. Notice to either parry shall be in writing, and may be hand -delivered, or sent postage paid by certified or registered mail„ return receipt requested. Notice shall be deemed effective if sent to the parties and addressed designated herein, upon receipt in case of hand delivery, and three (3) days after deposit in the U.S. Mail in case of mailing. 6.2 To Fort Worth. The address for Fort Worth for all purposes of this Agreement and for all notices hereunder shall be: City Manager City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 With a copy to: Chief of Police Fort Worth Police Department 505 W. Felix Street Fort Worth, Texas 76115 And a copy to: City Attorney City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 6.3 To Arlington. The address for Arlington for all purposes of this Agreement and for all notices hereunder shall be: City Manager City of Arlington 101 West Abram Street Arlington, Texas 76010 With a copy to: Chief of Police Arlington Police Department 620 West Division Street Arlington, Texas 76011 And a copy to: City Attorney City of Arlington 101 South Mesquite Street, Suite 300 Arlington, Texas 76010 Section 7. Termination 7.1 Termination. This agreement shall terminate on the earlier of the occurrence of any one of the following events, unless otherwise agreed to in writing by both parties: (a) May 31, 2027, unless extended by the terms of this Agreement or by agreement of the parties. (b) Either party may terminate this Agreement for convenience upon ninety (90) days written notice to the other party. (c) The happening of any event that renders performance hereunder by COA impracticable or impossible, such as severe damage to or destruction of the Detention Facility, or actions by governmental or judicial entities which create legal barrier to acceptance of Arrested Person or Prisoner. (d) A breach of this Agreement by Fort Worth, provided that it shall be a condition precedent to COA's right to terminate for "cause" pursuant to this Section 7.1(d) that (i) COA shall first have given Fort Worth written notice stating with specificity the breach and (ii) if such breach is susceptible of cure or remedy, a period of thirty (30) days from and after giving of such notice shall have elapsed without Fort Worth having effectively cured or remedied such breach during such 30-day period, unless such breach cannot be cured or remedied within thirty (30) days, in which case the period for remedy or cure shall be extended for a reasonable amount of time (not to exceed an additional thirty (30) days) provided Fort Worth has made and continues to make a diligent effort to effect such a remedy or cure. If the breach under this Section 7.1(d) is not susceptible of cure or remedy, or if Fort Worth does not cure in accordance with this Section, COA and Fort Worth may mutually agree to extend the time for cure; however, COA would be under no obligation to extend the time for cure and may, in its sole discretion, terminate this Agreement by giving sixty (60) days' written notice to Fort Worth. The parties agree that this notice of termination is given in consideration of Fort Worth's need for time to find an alternative arrangement for its municipal jail in the event of a termination by COA pursuant to this Section. (e) A breach of this Agreement by COA, provided that it shall be a condition precedent to Fort Worth's right to terminate for "cause" pursuant to this Section 7.1(e) that (i) Fort Worth shall first have given COA written notice stating with specificity the breach and (ii) if such breach is susceptible of cure or remedy, a period of thirty (30) days from and after the giving of such notice shall have elapsed without COA having effectively cured or remedied such breach during such 30-day period, unless such breach cannot be cured or remedied within thirty (30) days, in which case the period for remedy or cure shall be extended for a reasonable time(not to exceed an additional thirty (30) days) provided COA has made and continues to make a diligent effort to effect such a remedy or cure. If the breach under this Section 7.1(e) is not susceptible of cure or remedy, or if COA does not cure in accordance with this Section, Fort Worth may terminate this Agreement immediately by giving written notice to COA. 7.2 Prorated Compensation. In the event of a termination, COA shall be compensated for all services performed up to the termination date. Should COA be overcompensated for all services performed up to termination date, Fort Worth shall be reimbursed for all such compensation within thirty (30) days after termination. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. Section 8. Miscellaneous Provisions 8.1 Amendments. This Agreement shall not be modified or amended except by a written instrument executed by the duly authorized representatives of both parties. 8.2 Bil_ling. For all amounts owed under this Agreement other than the regular quarterly payments, COA shall submit an itemized invoice for the services provided each quarter to Fort Worth. Invoices will be submitted to the following by mail, email, facsimile transmission, or personal hand -delivery. Fort Worth Police Department Fiscal Command Division 505 W. Felix Street Fort Worth, Texas 76115 Supptierinvoices@fo_r,,,orthtexas.gov Fort Worth shall make payment to COA within thirty (30) days after receipt of invoice. Payment shall be remitted to: Director of Finance City of Arlington 620 W. Division Street Arlington, Texas 76010 Amounts that are not timely pain in accordance with the above procedure shall bear interest at the lesser of the annual percentage rate of ten percent (10%) or the maximum legal rate applicable thereto, which shall be a contractual obligation of Fort Worth under this Agreement. 8.3 Party Communication. The APD Jail Deputy Chief and FWPD Division Captain shall act as the departmental liaisons in matters concerning the Agreement. This does not preclude the Fort Worth Jail Lieutenant and Arlington Jail Lieutenant from communicating and addressing operational issues as they arise. $ 4 Prior Agreements, The Contract Documents, defined below, are incorporated by reference and contain the entire agreement and undertakings, either oral or written, of the parties with respect to any matter mentioned herein. No prior Agreement or understanding pertaining to any such matter shall be effective. The Contract Documents include the following documents: 1. This Agreement 2. Exhibit "A" — Fee Schedule 3. Exhibit "B" — Performance Standards 4. Exhibit "C" —North Central Texas Council of Governments Interlocal Agreement for shared services for electronic warrant payments Any conflict, contradiction, or ambiguity between the terms and conditions of the Contract Documents shall be resolved according to the order documents are listed above. 8.5 Choice of Law and Venue. The law which shall govern this Agreement is the law of the State of Texas. All consideration to be paid and matters to be performed under this Agreement are payable and to be performed in Tarrant Conty, Texas, and venue of any dispute or matter arising under this Agreement shall lie in the District Court of Tarrant County, Texas. $6 FundingSources. In accordance with the Interlocal Cooperation Act, all amounts due under the Agreement are to be paid from the then -current revenues of each party, in the year that services are rendered. 87 Headings. Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. M8 Binding Nature of Agreement. This Agreement is contractual and is binding upon the parties hereto. E�9 Force Majeure. If either party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crisis; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of a relevant alert by the United States Department of Homeland Security; any arrest and restraints; civil disobedience; or explosions; or some other reason beyond the part's reasonable control (cottectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. 88. 0 Severability If a 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. 8.11 Independent Contractor. COA, its agents, officers, and employees are associated with Fort Worth only for the purposes and to the extent set forth in this Agreement. With respect to the performance of the service provided by COA herein, COA is and shalt be an independent contractor and subject to the terms of this Agreement shall have the sole right to manage, control, operate, and direct the performance of the details of its duties under this Agreement. COA, its agent, officers and employees shall not be considered agents or employees of Fort Worth but shall always as an independent contractor. Likewise, Fort Worth, its officers, employees, and agents are associated with COA only for the purposes and to the extent set forth within this Agreement. With respect to any duties required of Fort Worth set out herewith, Fort Worth is and shall be an independent contractor and subject to the terms of this Agreement shall have the sole right to manage, control, operate and direct the performance of the details of its duties under this Agreement. Fort Worth, its agents, and employees shall not be considered agents or employees of COA but always act as an independent contractor. 8.12 Fisca! Funding Limitation In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this contract by a party, then that party will immediately notify the other party of such occurrence and this contract shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to the terminating party of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shalt have been appropriated. " Right to Audit. The parties agree that, until the expiration of three (3) years after final payment under this Agreement, each party shall have access to and the right to examine any direct pertinent books, documents, papers, and records involving transactions relating to this Agreement to determine compliance herewith_ The parties agree that the party requesting the audit shall have access during normal working hours to all necessary facilities of the other party and shalt be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this Section. The party requesting the audit shall give not less than ten (10) business days advance written notice of intended audits. 8.14 Defenses or Immunities. By entering into this Agreement, neither Fort Worth for COA waives any defenses or immunities, which may be extended to it by operation of law, including governmental immunity and any limitation on the amount of damages. 8.15 Authority. The undersigned officers 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 passed and are now in full force and effect. 8.16 Electronic Signature. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes "electronic signature" means signatures electronically inserted via software such as Adobe Sign or DocuSign. Executed in multiple originals on this the day of , 2026. Ci C of Arlington Cit)t of Fort Worth ZJA— g Al Jones William Johnson Police Chief Assistant City Manager Date: Date: 06/14/2026 Attest: Attest: Alex Busken Jannette S. Goodall City Secretary City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM AND LEGALITY: Molly Shortall, City Attorney 44,-0�0 — Amarna Muhammad Assistant City Attorney OFFICIAL RECORD By; CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: 7m a r 1yM By: David Carabaj Jun 12, 2026 15:15:27 CDT) Name: David Carabajal Title: Executive Assistant Chief Contract Authorization: Date Approved: 6/9/2026 Form 1295: N/A Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Name: Title: Kathryn Agee (W12, 2026 Q :49:53 CDT) Kathryn Agee Senior Management Analyst Exhibit'W' Section 1 ESTIMATED FEE SCHEDULE Detention Facility services daily cost per bed shall be calculated annually in accordance with Arlington's fiscal year Police Department operating budgeted amount for Detention Facility adjusted annually to include budgeted increases in operating costs, and capital costs to expand, operate, modify or upgrade the existing jail and intake facilities used by Fort Worth pursuant to this Agreement as anticipated to be approved by the Arlington City Council during the annual budgeting process for the upcoming fiscal year beginning on October 1. Each annual payment for the Administrative Charge shall be based on the Estimated Costs described below, adjusted annually, based on Arlington Police Department's respective departmental costs anticipated to be approved by the COA City Council during the annual budgeting process for the upcoming Fiscal Year beginning October 1. COA shall notify Fort Worth of the anticipated costs of the Detention Facility services, dispatching, general and administrative charges by May 301h of each fiscal year for budgeting and planning purposes. The final cost will be determined and communicated in writing when the Arlington City Council adopts the annual budget but shall not exceed the estimate by more than 5%. The annual cost increase for Detention Facility services and administrative costs under this Agreement shall not exceed the percentage increase of the Arlington Police Department's annual operating budget for the Detention Facility. COA shall reserve 913 beds per year (2.5 beds per calendar day) for the City of Fort Worth. Fort Worth shall be billed the Daily Housing Rate for all 2.5 beds each day regardless of actual usage. Any occupancy beyond the 913 beds per year will be billed the Additional Inmate Daily Housing Rate, which shall be a flat rate of $200 per additional prisoner per day. The Parties agree that the maximum number of beds used by Fort Worth in any 24 hours period is 20 beds. COA shall not be required to provide more than 20 beds in any 24 hours period. Section 2 Estimated Costs Cost Breakdown Category Description Amount Contract Term 12 months Minimum Beds Covered 913 beds (avg. 2.5 beds/day) Daily Rate (Minimum) $200,000/913 beds $ 219.06 Annual Minimum Payment Guaranteed payment regardless of utilization $ 200,0000 Additional Revenue Daily Rate Above 913 Per -bed charged after minimum is exceed $ 200.00 Exhibit "B" Section 1 Performance Standards — City of Arlington 1.1 Accepting Prisoners. Coordination will be made between the FWPD jail personnel (or the Fort Worth Contractor) and COA personnel in order to facilitate the transfer of prisoners from the Fort Worth City Jail to the COA Detention Center. Should COA indicate that they are currently unable to accept prisoners transferred from the Fort Worth City jail, COA personnel shall indicate an alternate time when they will accept custody of prisoners being transferred, not to exceed a time of more than six hours from the initial request for transfer. COA reserves the right to reject any prisoners if COA, in its sole discretion, is at or near capacity at the Detention Facility. 1.2 Prisoner Complaints. COA shall investigate all prisoner complaints concerning abuse, mistreatment, or stolen property against their personnel at the Detention Facility in accordance with COA standard operating procedures. COA shall notify FWPD Jail sergeant or Division Captain of all complaints and provide a copy of the completed investigation report to the Fort Worth Division Captain. Section 2 Performance Standards — City of Fort Worth 2.1 Medical Care. Before presenting Arrested Persons to COA at the Detention Facility, Fort Worth shall transport persons for medical care who are in obvious need of treatment or persons whom Fort Worth should reasonably determine, through circumstances of the arrest or known circumstances prior to the arrest, require medical treatment. 2.2 Contraband/Weapons Fort Worth shall thoroughly search all Arrested' Persons, any bag, purse, or other container, removing all weapons and contraband that should have been reasonable located. Three or more incidents per month of leaving weapons or contraband in locations the officer should reasonable have searched shall constitute a failure to comply with this Standard. This Standard shall not apply to any contraband located inside articles or underclothing, inside socks or in any location a routine search would not reasonably be expected to have resulted in the discovery of the contraband. Arrest ocumen-ts. At the time at the Detention Facility, FWPD shall present all necessary arrest documents to COA. Prisoners that are not presented with the necessary documents at the time of transport shall not be accepted. Exhibit " " MA ARLINGTON June 5, 2013 Client Services Department Government Payment Service, Inc. 71021 Lakeview Parkway West Drive Indianapolis, Indiana 46268 To Whom It Mai Concern: This letter shall confirm our agreement to become a Participant in the Project more fully described in the Master Contract Between North Central Texas Council of Go%crnments (NCTCOG) and Government Payment Service. Inc. (GPS) ("Master Contract"), dated January 14. 2013 Tall capitalized terms not otherwise defined in this letter shall have the definition assigned to them in the Contract). %kc understand and accept that your company's provision and the City's use of the Seri ices are solely subject to the terms and conditions of a separate contract between the City and GPS dated February 27. 2009 ("Primary Contract').. This engagement letter simply acknowledges that the City wishes to be considered a Participant under NCTCOG's Shared Services Program for electronic warrant payment services. The City and GPS shall continue to be bound by the terms of the Primar% Contract, it being understood by the parties that the City's agreement to become a Participant under the Master Contract does not in any way alter or modify each party's obligations and duties under the Primary Contract.. The term of this Engagement Letter shall not exceed the term of the Primary Contract, unless the City and your company agrees in writing to continue Services beyond such term. We further understand that we may cancel our participation in the Project and the Services, without cause or reason, upon 30 days advance written notice to you via the method defined in the Primary Contract. We also agree to send a copy of any cancellation notice to the 'forth Central Texas Council of Governments. This Engagement Letter together with the Primary Contract constitutes the complete agreement between your company and the City, supersedes any and all oral and written agreements between us relating to matters herein and may only be amended in a writing signed by both parties Sincerel%. Gilbert Perales Deputy City Manager City of Arlington Cc: \oath Central rexas Council of Government-s Arlington Municipal Court (817) 359-6777 101 S. Mesquite St. Mail Stop 63-0100. P.O. Box 90403. Arlington Texas 76004-3403 Agreement Agreement Number TX022709CITY OF ARLiNGTON THIS AGREEMENT is made by and between the City of Arlington (Hereinafter THE AGENCY) and Government Payment Service, inc, (dba Government Payment 1 P* and GnvPay EXP) (1Icnnafter CPS). Wherein CPS and THE AGENCY agree as fol►o%k s SYSTEM DESCRIPTIONS. CPS has developed a Service for the purpose of processing payments by credit or debit card for CASH BOND, FINES AND OTHER FEES for THE AGENCY. The CPS System will provide the service from a remote iocarion 24 hours per day / 7 days per week The cardholder wanting to make a payment to THE AGENCY by credit or debit card may do so by calling GPS or by accessing the CPS website. GPS will charge the Cardholder a fee for the Service as outline in Anachments ".A" and.'or "B" attached hereto and made a part hereof GPS agrees to provide the Service as outlined in Attachment " .n accordance with the terms and conditions of this Agreement AUTHORIZATION TO BEGLN. THE AGENCI' grants GPS authorisation to begin a remote payment •etvice as outlined !n this Agreement This Agreement will be to effect for one (1) year and will be automatically extended for additional one (1) year periods for up to five (5) years or until terminated as provided herein ADVERTISEMENT OF THE SERVICE. THE AGENCY agrees to post information, as approved by THE AGENCY, regarding the CPS payment option in locations, where information about other payments options are available, that may include but not limited to THE AGENCY'S website. phone system, bills, coupon books. collection letters, and press releases at the expense of THE AGENCY GPS will provide to THE AGENCY inserts and signage at no cost THE AGENCY also agrees to allow GPS to place signage at the location describing the service, subject to the sole discretion of THE AGENCY 4 COMPENSATION FOR GPS. GPS shall not be entitled to any compensation with respect to the service other than the service fees as set forth in Attachments "A" amh'or "B" which are paid by the cardholder and rxit THE AGENCY. CPS reserves the right to adjust its service fees with sixty (64) days notice to THE AGENCY. It is hereby agreed and understood that F", there are no fees paid by the THE AGENCY for basis services (Anachment ..C.) 5 COSTS CPS shall provide toll free telephone numbers for communications between THE AGENCY and CPS and between the cardholder and CPS CPS will provide complete training for THE AGENCY at no cost to THE AGENCY. CPS shall not be responsible for any other costs, expenses, fees or extraordinary losses ansing out of its performance under ;his Agreetneot h STATE AND FEDERAL. TAXES. THE AGENCY shall not be r"poosibh for paying any state or federal taxes on CPS 's behalf RESPONSIBII_ITIFFS OF GPS. CPS shall perform all the Services under this Agreement as an independent contractor and not as an employee of THE AGENCY GPS understands and acknowledges that it shall not be entitled to any of the benefits of an AGF! C1' empioyee THE AGENCY has the right to rely and does rely upon die expertise of GPS to provide the services in a professional manner. CPS represents that it is qualified by raining and experience to perform the Services as outlined in this Agreement Al! contact between GPS and the cardholder is initiated by the cardholder and not by CPS 8 RESPONSIBILITIES OFTHE AGENCY. THE AGENCY %ill follow CPS's procedure for all transaction, THE AGENCY shall provide the means such as a compute and Internet access or a fax machine to receivc and send traiisacuon notifications U CONFIDENTIALITY A11iD `ONDISCLOSURE. BOTH PARTIES agree that any information or data obtained, doci:rients produced, or wiy other material which is required by law or regv!ation will be kept confidential and shall not be disclosed without th,- prior written approval of THE OTHER PARTIY unless they are non -exempted public records under the Texas Pubu Information Aa or ordered released by a judicial or quasi -Judicial authurit�, 11). ( DF ININt IFICATION. GPS shall defend, iodemnify, and sane harmless THE AGENCI , its agents, officers, and employees from an% and all claims, demands, damages, costs, expenses (including attorneys fees), judgments, or liabilities arising out of this Agreement or occasioned h% the performance or attempted performance of the pro% isions hereof, including, but not limited to, any act or omission to act on the part of GPS or its agents, officers, employees, and/or contractors, except those claims, demands, dams?es, costs. expenses (including attorney', fees), judgments or liabilities resulting from the negligence or willful misconduct of Tiff' AGENCY. I I LNSURAN'CE. CPS shall obtain and maintain in effect during the term of this Contract, insurance coverage as set out below , and shall furnish appropriate certificates of insurance, in duplicate form, prior to the effective date of the Contract. THE AGENCY shall be named as additional insured on the policies listed under number two and three below. All liability polities shall be issued by a company authorized to do business in Texas GPS shall maintain the following insurance in the following amounts I. 'Workers Compensation -As needed with statutory limits or permitted by law 2. General Commercial Liability including personal liability and contractual liability with limits ofS1,000,000 per occiuTence. 3. Comprehensive crime coverage including: Employee Dishonesty (Forth A)4500,000 limit Depositors Forgery, (Form B)-$500.OW limit All of the insurance required to be carried by GPS hereunder shall be by policies which shall require on their face, or by endorsement, that the insurance carrier shall give ten (10) days written notice to THE AGENCY before they may be cancelled or materially changed and within such ten day penod GPS covenants that it will provide other suitable policies in lieu of those carcc!1ed or materially changes so as to maintain iii effect the coverage required under the provision hereof Failure or refusal of GPS !o obtain or keep in force the above -required insurance coverage shall authorize THE AGENM , at its option, to terminate the agreement at once 12. NOTICES. Any notice or consent required or permitted to be given under this Agreement shall be given to the respective parties in writing. by first class main or by facsimile delivered to. or at such other address or to such other person that the parties rnav from time to time designate Notices and consents under this section, which are sen, bv, mail. shall be deemed to be received five (5) days following their deposit in the L S mail Notices and consents under this section, which are sent bw facsimile, shall be deemed to be received alien such facsimile is transmit'ed to the facsimile number specified in this section and a contirmanon of such facsirrule has been received by the sender 13 TERs►il tAl' ON. FITHER PARTY may terminate this Agreemen! A- th sixty (60) days written notice to THE OTHER PARTY without penalty and liability 14 TEXAS LAW. This Agreement shall be governed by the laves of the State of Texas and venue of any legs! dispute shall be in Tarrant County, Texas IN W ITYE.SS WHEREOF. the parties have executed this Ag-cement to be effective on the dale executed by THE AGENCY. WITNESS ,,NTT 6 —4—L—oli kk��. K 4RI?. BARLAR, City Secretary GOVERNNMENT PAYMENT SERVICES, INC DBIA GOVERNMENT PAYMENT EXP,9, AND GOV PAY EXP BY Tyed ar Printed Name l itle CITE' OF ARLINGTON, TEXAS oe rlobort B d _ Deputy City Manager APPROVED AS TO FORM JAN' DOEGEY. City Anomey BY &4L / -r - -- ATTACHMENT "A" Agreement Number TX022709CITYOFARLINGTONO2 GPS Transaction Payment Fee Schedule FOR CASH Bail AMOUNT SERVICE FFE S 1 00 S200 () $20 00 S200 01 - $300.00 S30.00 S300 01 S400 00 S40.00 S400.01 S500.00 S50-M S500.01 - S750.00 S'75.00 S750 01 - S1,00000 S95.00 S1,000.01 - S1,500 00 $1 10 W $1,500.01 - $1,730.00 $125.00 $1,750 01 Slow 00 $145.00 S2,00t) 01 - AND UP ` IO Minimum Service Fee Phone = $5.00 Minimum Service Nee Internet = $3.50 F-XA NIP'I.E Transaction Aanount = S200 00 Service Fee 9 $ 2U 00 Total 'Payment = S220.00 ATTACHMENT "B" Agreement Number TX022709CITYOFARLINGTONO2 GPS Transaction Payment Fee Schedule FOR ALL FLNES AND FEES Payments Made via the Internet TRANSACTION AMOUNT SERVICE FEE :ALL 3 5'o Minimum Fee Internet = S3.50 Payments Made via Phone Transactioa Amount Service Fee S1.00 - $100 00 $10 00 S100,01 - $200.00 S 18 00 S300 01 - S300.00 S24.00 S300 01 - S400.00 $32 00 $400 01 - A\U UP 8% EXAMPLE ViTERINET PAYMENT I rtnsacUon Am. ur:t — 5 9> ()0 Scrvtcc Fcc = $ 1 5u Total Paymeat = $ 98.50 EXAMPLE PHONE PAN NIErT Transaction Amount - 5 95.00 Service Fee - S ! 0.00 Total Payment - S105.00 ATTACHMENT ;`C" Agreement Number TX022709CITYOFARLINGTONO2 GovPa,- Basic There are no fees paid by THE AGENCY to GPS for GovPay basic. GovPay Basic includes the following - I Remote credit/debit card payment service for Cash Bond, Fines and Othcr Fees with Voice (call cen(er,'NR) and Internet transaction capability Remote payment service available 24 hours a day, 7 days a week, 365 days a year Secure w bsite (ProviewEXP) provided by GPS used to appro,-e and report all transactions 4 For bail, GPS will make available a bail summary report to THE AGFNCY each day for all transactions completed the previous day. The funds for all approved transactions will be forwarded electronically to THE AGEM—Y'S account within two 'business days after GPS receives the approval 5 For all other payments. GPS will make availabie a reconciliation re�rt to TI{E AGENCY each day for all transactions completed the previous day. This report will also include any open transactions rim previously approved The funds for all approved transactions will be forwarded electronically to THE AGErCY'S account within two business days after GPS receives the approvai M&C Review Page 1 of 2 A CITY COUNCIL AGEND Create New From This M&C Official site of the City of Fort Worth, Texas FORT WORTH �''� REFERENCE **M&C 26- 351NTERLOCAL AGREEMENT DATE: 6/9/2026 NO.: 0457 LOG NAME: CITY OF ARLINGTON DETENTION SERVICES CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of an Interlocal Agreement with the City of Arlington for a Minimum Annual Amount of $200,000.00 for Detention Services with Four One -Year Automatic Renewal Terms for the Police Department RECOMMENDATION: It is recommended that City Council authorize execution of an Interlocal Agreement with the City of Arlington for a minimum annual amount of $200,000.00 for detention services with four one-year automatic renewal terms for the Police Department. DISCUSSION: The Fort Worth Police Department (FWPD) operates a holding facility for arrested persons awaiting magistration or transfer to the Tarrant County Jail. The Tarrant County Jail experiences overcrowding on a regular basis, which prevents the transfer of arrested persons from the FWPD holding facility to the Tarrant County Jail. To help alleviate potential overcrowding at the FWPD holding facility, this Mayor and Council Communication (M&C) requests City Council authorization to execute an interlocal agreement with the City of Arlington (COA) for detention services. The Interlocal Agreement with COA will be for housing FWPD prisoners following magistration when space is not available at the Tarrant County Jail. The COA interlocal agreement will reserve 913 beds per year (approximately 2.5 beds per day) for the exclusive use of the City of Fort Worth (Fort Worth), for an annual minimum amount of $200,000.00. COA will transport prisoners from the FWPD holding facility to the COA detention facility and will provide secure custody, care, and safekeeping of prisoners, in accordance with state and local law. COA shall provide the necessary detention officers and other employees to properly supervise and operate the detention facility. COA shall provide routine medical services to all prisoners housed at the detention facility and transport to local area hospitals for life -threatening emergencies. COA will provide guard services for up to two hours or until a relieving officer from FWPD arrives. If City Council approves this M&C, FWPD will secure detention services with COA to alleviate potential overcrowding at the FWPD holding facility. Funding is budgeted in the General Operating & Maintenance category in the General Fund for the Police Department. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERM: Upon City Council approval, the interlocal agreement with COA will begin upon execution and expire May 31, 2027. RENEWAL OPTIONS: The Agreement may be renewed for up to four (4) one-year automatic renewal terms. This action does not require specific City Council approval, provided that the City http://apps.cfwnet.org/council_packet/mc_review.asp?ID=34499&councildate=6/9/2O26 6/10/2026 M&C Review Page 2 of 2 Council has appropriated sufficient funds to satisfy the City's obligations during the renewal period. The compensation to COA for renewal terms may be adjusted annually to account for increases in COA detention facility operating and capital costs. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the General Fund to support the approval of the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Police Department has the responsibility to validate the availability of funds. F Fund Department Account Project Program Activity Budget Reference # ID I I ID I I I Year I (Chartfield 2' Fund Department Account Project Program Activity Budget Reference # ID I ID I I I Year I (Chartfield 2' Submitted for City Manager's Office by: William Johnson (5806) Originating Department Head: Eddie Garcia (4212) Additional Information Contact: David Carabajal (4231) Amount Amount ATTACHMENTS 351NTERLOCAL AGREEMENT CITY OF ARLINGTON DETENTION SERVICES funds ayail.docx (CFW Internal) FID Table Arlington detention services.xlsx (CFW Internal) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=34499&councildate=6/9/2O26 6/10/2026 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: City of Arlington Interlocal Agreement Subject of the Agreement: Detention services for the Police Department to alleviate overcrowding at the holding facility following arrested persons magistration. M&C Approved by the Council? * Yes 8 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: June 1, 2026 Expiration Date: May 31, 2027 If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department. Resolution No. 2 6 -1 1 9 A resolution authorizing the execution of an Interlocal Agreement with the City of Fort Worth for detention services at the City of Arlington Detention Facility BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS: L That the City Manager or his designee is hereby authorized to execute an Interlocal Agreement with the City of Fort Worth for detention services at the City of Arlington Detention Facility. This agreement shall be for a term of one year, commencing on June 1, 2026, and ending on May 31, 2027, with up to four (4) automatic one-year renewals. The City of Fort Worth shall pay the City of Arlington a minimum annual amount of $200,000 for the usage of 913 beds. Any beds used by the City of Fort Worth beyond the initial 913 shall be billed at a rate of $200 per bed. Billing rates may be adjusted annually to account for increases in the detention center operating and capital costs. II. A substantial copy of the Interlocal Agreement is attached hereto and incorporated herein for all intents and purposes. PRESENTED AND PASSED on this the 7th day of April, 2026, by a vote of 9 ayes and 0 nays at a regular meeting of the City Council of the City of Arlington, Texas. ARLIN�49 ATTEST: ,* /. ;� I �0►. ate• .. _ .. • �_C. ALEX BUSKEN, City 7;;= =MiSS, Mayor APPROVED AS TO FORM: MOLLY SHORTALL, City Attorney