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Collin County commissioners debate proposed indemnity changes to interlocal contracts; no immediate vote

2473276 · March 3, 2025
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Summary

Commissioners questioned contract language that would reduce county indemnification protections in several interlocal agreements; a staff direction was made to draft standard indemnification language for future contracts.

Commissioner Webb objected to proposed amendments that would reduce Collin County's indemnification protections in existing interlocal agreements, telling the court he could not support surrendering contractual indemnity rights midterm.

The issue came up after the court pulled items 1F2(a)–(e) from the consent agenda for separate discussion. Michelle Chernoski, purchasing agent, explained the county conducted a bid process and presented contract modifications; Commissioner Webb said the proposed changes would surrender indemnity the county previously required and increase financial exposure to taxpayers.

The county's law-enforcement leadership defended the language as consistent with other interlocal agreements. Nick Bristow, assistant chief deputy with the Collin County Sheriff's Office, told the court the sheriff's office would respond to child-crime reports within smaller jurisdictions regardless of the agreement and said the proposed language preserves the county’s ability to hire and pay for its own counsel if a claim arises. “We’re going to be hiring our own attorneys for that employee and they’re just paying the cost for it,” Bristow said.

A staff member identified as Mr. Barnes explained the rationale for proposing the amendment and argued that treating all partner jurisdictions the same—by adopting language already used in other ILAs such as Lucas and Trinity Falls—improves employee relations and does not increase county risk. The staff member also cited legal practice that, when one party pays defense costs, that party often gains control of the defense, and urged commissioners to consider the practical implications of defense control and cost.

Commissioner Webb and others pushed back. Webb said the county had negotiated stronger indemnity protections over many years to minimize exposure and that abandoning them before current agreements expire in 2027 was inappropriate. He said, “If they want to renegotiate down when these agreements are over in ’27, that’s fine. I just can’t support it.”

County Judge (name not specified) asked that staff produce a uniform or standard indemnification clause for future contracts and asked staff members Yoon and Russell to work with Commissioner Webb on the language. The court did not approve the pulled 1F2 contract modifications at the meeting; some related items that lacked the new language were later approved as presented.

The court recessed briefly for other business and returned without taking formal action on the indemnification language changes. No formal vote was recorded to adopt the proposed indemnity modifications for the pulled items during this meeting.

Ending: Commissioners asked for follow-up. The judge directed staff to draft standard indemnification language for future interlocal agreements and to discuss the proposed changes with Commissioner Webb before these or similar modifications return to the court.