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HomeMy WebLinkAboutPR 15148: HOUSING OF PRISONERS - AGREEMENT WITH COUNTYinteroffice MEMORANDUM To: Mayor, City Council, and City Manager From: Mark T. Sokolow, City Attorney ~lr..~ !' .. ., Date: March 18, 2009 ~/~O~/ Subject: P. R. No. 15148; Council Meeting March 24, 2009 Attached is P. R. No. 15148 as it pertains to the housing of prisoners and the Agreement with Jefferson County thereon. MTS:ts Attachment cc: Mitch Woods Sheriff JEFFERSON COIINTY 1001 Pearl Street. Beaumont, TX 77001 Honorable Lane Walker Judge JEFFERSON COUNTY 1001 Pearl Street Beaumont, TX 77001 Tom Rugg Assistant District Attorney JEFFERSON COUNTY 1001 Pearl Street Beaumont, TX 77001 Mark Blanton Chief of Police PAPD P. R. No. 15148 03/18/09 is RESOLDTION NO. A RESOLUTION AS IT PERTAINS TO THE HOUSING OF PRISONERS AND THE AGREEMENT WITH JEFFERSON COUNTY THEREON WHEREAS, per Resolution No. 08-055, the City entered into an Intergovernmental Contract with Jefferson County as to the housing of prisoners, in substantially the same form as attached hereto as Exhibit "A"; and WHEREAS, it is deemed in the best interests of the citizens to continue the contract. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the Intergovernmental Contract between Jefferson County, Texas and the City of Port Arthur for the housing of prisoners can continue from year to year until cancelled by a contracting party, as delineated in Exhibit "A". Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D., 2009, at a Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor 2.pr15148 Councilmembers NOES: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: l:l~l'Y MANAGER 2.pr15148 EXHIBIT "A" INTERGOVERNMENTAL, CONTRACT BETWEEN JEFFERSON COUNTY, TEXAS AND CITY OF PORT ART$UR, TEXAS STATE OF TEXAS § COUNTY'OF JEFFERSON § 5 THIS CONTRACT is executed this 22 day of February, 2008, by and between the COUNTY OF JEFFERSON, STATE OF TEXAS, called "County," and the CITY OF PORT ARTHUR, TEXAS, a home rule City of Jefferson County, Texas, hereinafter called "City", under the terms, authority and provisions of Section 791 of the Texas Government Code. WHEREAS, it has been found and determined by the Commissioners' Court of Jefferson County, Texas, and by the City Council of the City of Port Arthur, Texas, that it is advantageous to each named governmental entity that services be exchanged between the County and the City with regard to the governmental functions hereinafter described, and that the exchange of such services will result in increased efficiency and economy to the citizens of each such governmental entity with regard to the described governmental functions: -z.housing of prisonera_coa[ract 1 NOW, THEREFORE, in consideration of the covenants, conditions and undertakings hereinafter described, it is agreed: 1. The contractual relationship created in this agreement shall begin on February 22,.2008 as reflected above and shall continue until and through September 30, 2008. Thereafter, the contract shall be renewable for periods of one (1) year, unless the governing body of either contracting entity elects. to withdraw from the contractual relationship. This contract shall continue from year to year thereafter until cancelled by a contracting party. 2 • The County and the r; r~, ..-..._ __ performance of governmental functions and services described in this contract shall make payment therfore from current revenues available to the paying party. 3• The authority of each political subdivision to perform a contractual service under this contract includes the authority to apply the rules, regulations, and ordinances of the political subdivision providing the services contemplated by this agreement'. 4. During the existence of this contractual relationship, County shall maintain a jail facility which will, as nearly. as possible, conform to the physical and z.housing of pzisonezs_contract 2 ' operational requirement of Articles 5115 and 5115.1 of the Revised Civil Statutes of Texas. All property, real and personal, necessary to the maintenance and operation of such jail, and all personnel required for the operation of such facility shall be furnished by County at the expense of County. City may, at its option, lodge all persons arrested by City Peace Officers who are to be detained in the jail facilities of County. The detention of such person in the County Jail shall be subject to the control of the appropriate court with whom an information, complaint, indictment, or other legal process may be filed. 5. It is specifically agreed that. jail facilities of County shall remain under the control of the Commissioners' Court of Jefferson County, Texas, and that the Sheriff of Jefferson County, Texas shall maintain authority and his responsibility arising out of the statutes of this state to exercise full control over the operation of -the jail facility, In a period of emergency when the jail facility becomes overcrowded or if other conditions arise which make it necessary for the Sheriff of the County to restrict the number of prisoners placed within the facility, then, during such emergency, the Sheriff may decline to imprison those person charged with Class C misdemeanors in the Municipal Court of City. The extent and duration of the z. housing of prisonera_contracf 3 emergency shall be determined by the Sheriff of Jefferson County and his determination in that regard shall be final and not subject to review by the governmental bodies of City or bounty. 6• It is mutually agreed between the parties hereto that upon presentation by a city police officer of a city prisoner, Sheriff will book the city prisoner in the Jefferson County Jail and be responsible for the care and custody of the city prisoner and his or her property. The Sheriff further agrees that he will not release from custody a city prisoner who has been booked into the Jefferson County Jail until his or her release is lawfully ordered, bail bond or recognizance is furnished, or such prisoner is released to the city or other responsible officials or parties. 7• The City shall be responsible for the transportation of prisoners from the jail to the City Municipal Court. The city will be responsible for processing all city prisoners through its identification procedures, before booking said prisoners into the county jail, but the Sheriff may, at his option, fingerprint and photograph all city prisoners booked into the county jail. 8. In the furnishing of jail facilities under this contract, any civil liability relating to the furnishing of z.housing of prisoners contract 9 those services shall be the responsibility of the governmental unit which would be responsible for furnishing such services in the absence of this contract or agreement: 9. Should a prisoner incarcerated hereunder require medical treatment in a hospital, at the sole discretion of the doctor in charge of the county infirmary, expenses of such emergency or extraordinary medical or surgical treatment shall be responsibility of city. 10. Either City or County may, upon 30 day advance notice in writing, terminate this contract. The City shall maintain a physical jail facility so that in the event of the exercise of this 30 day termination clause, the city will be able to have an operational jail. 11. The City shall pay to the County for the housing of city prisoners $52.00 per day, payable monthly. That $52.00 per day charge will be broken down into six-hour segments at $13/segment. When the prisoner ceases to be a city prisoner and becomes a county prisoner, charges shall cease. 12. The fee, as established by Paragraph 11, is subject to renegotiation for the second year of this contract commencing October i, 2008, and shall be based on the cost factors which were used to compute the $52.00 fee applicable to-this agreement. z. housing of prisorers_contract 5 13. The provisions of this contract shall be cumulative of all provisions of the statutes of the State of Texas and all provisions of the Charter and Ordinances of the City of Port Arthur, Texas. By the execution of this Contract, neither County or City waive defenses of governmental immunity to tort liability available to each of them under the laws of the State of Texas or the United States and, insofar as City is concerned, the Charter of the City of Port Arthur, Texas. EXECIITED the day and year above written. Recommended by: ATTEST: /:' ~ ~, ,__. J fferson Count Texas JEFFERSON COUNTY DETENTION CENTER t ~~~~ Mitch Woods, Sheriff Jefferson County, Texas APPROVED: JEFFERSON (~7~y TEXAS By: I~o~Id Walker, County Judge ATTESy'/: ~ 71/l l \ 1Li~.(~ C(~ ~ Port A~thur Texas ~~~ c.,~ ~ $y. ~ Stephen Fitzgibbons, City Manager z.housing of prisoners contract 6 ATTEST: