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HomeMy WebLinkAboutPR 22186: INTER-GOVERNMENTAL AGREEMENT WITH PAPD AND THE US FEDERAL BUREAU OF PRISONS 01.114. City of 7.. www.Po rtArt h u rTx.gov INTEROFFICE MEMORANDUM Date: October 6, 2021 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager , / Kr From: Timothy Duriso, Chief of Polic RE: PR 22186—Council consider a resolution authorizing the City Manager to execute all documents necessary for an inter-governmental agreement between the Port Arthur Police Department and the US Federal Bureau of Prisons, Federal Correctional Complex for Mutual Emergency Assistance. Introduction: The Port Arthur Police Department asks that the City Council authorize the City Manager to execute all documents necessary for an inter-governmental agreement between the Port Arthur Police Department and the United States Federal Bureau of Prisons, Federal Correctional Complex for Mutual Emergency Assistance. Background: The intent of this agreement is to provide for mutual assistance during a natural disaster and or law enforcement emergency requiring prompt action and which is, or threatens to be, of such serious proportions that each party's resources alone are, or may be, inadequate to maintain the safety and security of the public, each party's prisoners, and or each other parties. As further described herein, all emergency assistance to be provided by each party shall be immediate, short-term, and limited to operations that each party's staff are authorized to provide and for which they are trained and have expertise. Budget Impact: In accordance with each party's financial management policy at the time of the emergency, and the statue authorizing the assistance, ordinarily the party requesting assistance shall reimburse the party providing assistance for unfunded costs of resources expended and or "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 City of nil rt11 www.PortArthurTx.gov damaged during the emergency, including personnel employed beyond resolution of the initial emergency. Any reimbursement to either party for unfunded expenses incurred in rendering Stafford Act assistance directed in FEMA Mission Assignments shall not be more than 25%of the total cost. Recommendation: That the City Council authorizes the City Manager to execute all documents necessary for an inter-governmental agreement with the Port Arthur Police Department and the US Federal Bureau of Prisons, Federal Correctional Complex for Mutual Emergency Assistance. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R. No. 22186 10/6/21 j h RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTER-GOVERNMENTAL AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS FEDERAL CORRECTIONAL COMPLEX BEAUMONT, TEXAS AND PORT ARTHUR POLICE DEPARTMENT PORT ARTHUR, TEXAS FOR MUTUAL EMERGENCY ASSISTANCE WHEREAS , the intent of this agreement is to provide for mutual assistance during a natural disaster and or law enforcement emergency requiring prompt action and which is, or threatens to be, of such serious proportions that each party' s resources alone are, or may be, inadequate to maintain the safety and security of the public, each party' s prisoners, and or each other party' s staff; and WHEREAS, all emergency assistance to be provided by each party shall be immediate, short-term, and limited to operations that each party' s staff are authorized to provide and for which they are trained. and have expertise; and WHEREAS, this agreement shall not affect any pre- existing, independent relationship, or obligation between the parties on any other subject or with any third party or parties; and WHEREAS, the Port Arthur Police Department requests authorization for the City Manager to enter into an inter- governmental agreement between the Port Arthur Police Department and the United States Department of Justice Federal Bureau of Prisons Federal Correctional Complex. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1 . That the facts and opinions in the preamble are true and correct. Section 2 . That the City Council directs the City Manager to enter into an inter-governmental agreement between the Port Arthur Police Department and the United States Department of Justice Federal Bureau of Prisons Federal Correctional Complex, in substantially the same form as attached hereto as Exhibit "A" . P.R. No. 22186 Section 3 . That a copy of the caption of this resolution shall be spread upon the Minutes of the City Council . READ, ADOPTED AND APPROVED on this day of October, A.D. , 2021, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers : NOES: Thurman Bill Bartie Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: Lai Val Tiz no City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton City Manager P.R. No. 22186 EXHIBIT "A" OGC Approved Template INTER-GOVERNMENTAL AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS FEDERAL CORRECTIONAL COMPLEX BEAUMONT, TEXAS AND PORT ARTHUR POLICE DEPARTMENT PORT ARTHUR, TEXAS For Mutual Emergency Assistance Pursuant to relevant authority contained in federal and state laws appropriate to the nature and scope of the emergency, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U. S.C. Chapter 68, "Stafford Act", e.g. § 5170 (a) , (b) ; the Law Enforcement Emergency Assistance Act, 42 U. S.C. Chapter 111; and the Pandemic and ALL Hazards Preparedness Act, PL 109-417 (2006) , amending the sections of 42 U. S.C. that address public health emergencies, this Inter-Governmental Agreement, "IGA" or "Agreement", is entered into by and between the United States Department of Justice, "DOJ", Federal Bureau of Prisons, "BOP", Federal Correctional Complex, Beaumont, Texas, herein after referred to as "FCC BMX", and the Port Arthur Police Department, Port Arthur, Texas, herein after referred to as "PAPD", who hereby agree as follows: I . PURPOSE AND SCOPE: A. This Agreement is intended to provide for mutual assistance during a natural disaster and/or law enforcement emergency requiring prompt action and which is, or threatens to be, of such serious proportions that each party' s resources alone are, or may be, inadequate to maintain the safety and security of the public, each party' s prisoners, and/or each party' s staff. B. As further described herein, all emergency assistance to be provided by each party shall be immediate, short-term, and limited to operations that each party' s staff are authorized to provide and for which they are trained and have expertise. C. This Agreement shall not affect any pre-existing, independent relationship, or obligation between the parties on any other subject, or with any third party or parties. Page 1 of 6 MOU - FCC BEAUMONT, TEXAS Inter-Governmental Agreement D. This Agreement supersedes any prior agreement between the parties on this same subject . II . FCC BMX ASSISTANCE TO PAPD: A. Under current BOP authority and upon request from the PAPD, the BOP Regional Director may direct the Warden or his/her designee to provide: 1 . FCC BMX staff to act ONLY: a. as advisors for technical assistance, e . g. , consultants for hostage situations or pandemic control measures (18 U. S . C. § 4042 (a) (4 ) ) ; OR b. to search for escaped state/local prisoners ONLY on BOP property 18 U. S . C. § 4042 (a) (1) , (2) ) . 2 . Transportation and/or temporary housing ONLY: a. if state prisoners are sentenced prisoners, and b. if a `state boarder agreement" exists requiring full reimbursement to BOP by the state (18 U. S . C . § 5003) . 3 . Volunteer inmate work details for community service projects (18 U. S .C. § 3622 (b) ; 28 C. F. R. § 551 . 60) . 4 . Emergency preparedness training and joint training exercises pursuant to the Intergovernmental Personnel Program (42 U. S . C. § 4742) and/or the Pandemic and ALL Hazards Preparedness Act, PL 109-417 (2006) , amending section of 42 U. S.C. regarding public health emergencies . B. Under the Emergency Federal Law Enforcement Assistance Act, 42 U. S . C. Chapter 111, and upon formal request by the state governor to DOJ pursuant to administrative procedures contained in 28 C. F. R. Part 65, DOJ may direct BOP to provide : 1 . Any/all assistance listed above in section A. 2 . FCC BMX staff to act in any capacity for which they are trained and have expertise, including medical support, and if approved by the Deputy Attorney General, a BOP Crisis Management Team, including a Special Operations Response Team, "SORT"; a Disturbance Control Team, "DCT"; or a Hostage Negotiation Team, "HNT" . Page 2 of 6 MOU - FCC BEAUMONT, TEXAS Inter-Governmental Agreement 3 . Detention/Perimeter Security: Due to limited arrest authority, FCC BMX staff may not take sole custody of PAPD prisoners or perform perimeter security duties at PAPD, but may perform other non-contact duties to free PAPD staff to perform these duties . 4 . Transportation: FCC BMX vehicles and drivers may transport PAPD prisoners, including pre-trial prisoners . a. Ordinarily, PAPD staff shall be present to maintain custody/supervision of PAPD prisoners being transported. b. FCC BMX staff may take sole custody of PAPD prisoners being transported ONLY if state law allows BOP staff to be deputized. 5 . Supplies and equipment, including blankets, food, water, clothing, medical supplies, and temporary use of large or specialized equipment . a. Clothing with BOP insignia may not be loaned to or worn by non-BOP employees . b. Large or specialized equipment and vehicles shall be operated by BOP staff, or by PAPD staff, only if PAPD officials have indicated that its staff is competent to use the equipment . 6. Weapons, ammunition, and chemical agents . a. Weapons, ammunition, and chemical agents may be provided to PAPD staff only if PAPD officials have indicated that its staff is competent to use such weapons, ammunition, and chemical agents . b. FCC BMX staff may not use weapons, ammunition, or chemical agents to assist PAPD staff without obtaining approval of the Deputy Attorney General, or, in extraordinary circumstances, if the Director of the BOP concludes that delay to obtain approval would result in death or serious bodily injury to PAPD staff or inmate hostages . All use of force by BOP staff must be consistent with DOJ/BOP policy. C. Under the Stafford Act, upon Presidential declaration of a major disaster and coordination with DOJ implementing ESF 13 of the 2004 National Response Plan, the Federal Emergency Management Agency, "FEMA", may provide federal disaster relief funds to BOP by issuing Mission Assignments, pursuant to procedures contained in 44 C. F. R. Part 206, directing BOP to provide: 1 . Any/all assistance listed above in section B. Page 3 of 6 MOU - FCC BEAUMONT, TEXAS Inter-Governmental Agreement 2 . Use of BOP facilities, including temporary housing for PAPD prisoners, including pre-trial prisoners . As soon as possible, operational details for housing PAPD prisoners beyond the resolution of the initial emergency shall be documented in a separate agreement . III . PAPD ASSISTANCE TO FCC BMX BEAUMONT: A. Upon request from the Warden or his/her designee, PAPD staff may provide assistance to the FCC BMX staff responding to disturbances, escapes, or any other natural or man-made emergency affecting the safety, security, and good order of the FCC BMX institution. Operational details for specific assistance shall be determined at the time of the emergency. B. Under no circumstances will PAPD staff: 1 . Have command authority on site; or 2 . Bring any type of weapon into the secure perimeter of the FCC BMX institution. IV. REIMBURSEMENT: A. In accordance with each party' s financial management policy at the time of the emergency, and the statute authorizing the assistance, ordinarily the party requesting assistance shall reimburse the party providing assistance for unfunded costs of resources expended and/or damaged during the emergency, including personnel employed beyond resolution of the initial emergency. B. Any reimbursement to BOP by PAPD for unfunded expenses incurred in rendering Stafford Act assistance directed in FEMA Mission Assignments shall not be more than 25% of the total cost, per 42 U . S . C. § 5170b (b) . C. Nothing contained herein shall be construed to violate the Anti-Deficiency Act, 31 U. S .C. § 1341, or relevant state law, by obligating the parties to any expenditure or obligation of funds in excess or in advance of appropriations . V. GENERAL PROVISIONS : A. PERIOD OF AGREEMENT/TERMINATION: 1 . This Agreement shall become effective upon the date of last signature of the authorized officials for both parties, as designated below, and shall remain in effect for a period of five years, unless Page 4 of 6 MOU - FCC BEAUMONT, TEXAS Inter-Governmental Agreement terminated sooner by mutual consent of both parties, or by either party providing 120 days advanced written notice to the other party. 2 . This Agreement shall remain in effect during the term in office of any successive leadership of either party unless terminated or modified pursuant to procedures described below. B. MODIFICATION PROCEDURES: Either party may propose to modify this Agreement at any time. All proposed modifications shall be in writing and shall become effective only upon the written concurrence of both parties . C. SURVIVAL AND SEVERABILITY: 1 . The provisions of this Agreement which require performance after termination of this Agreement shall remain in force notwithstanding termination of this Agreement. 2 . If any provisions of this Agreement are determined to be invalid or unenforceable, the remaining provisions shall continue in force and unaffected to the fullest extent permitted by law and regulation. D. LIABILITY AND INDEMNIFICATION: 1 . Each party shall be responsible for any liability arising from its own conduct and retain immunity and all defenses available to them pursuant to federal and state law, including immunity provided in 42 U. S. C. § 5148 for Stafford Act assistance rendered by FCC BMX. Neither party agrees to insure, defend, or indemnify the other party. 2 . Each party shall cooperate with the other party in the investigation and resolution of administrative claims and/or litigation arising from conduct related to the provisions of this Agreement . 3. Neither party shall be responsible for delays or failures in performance from acts beyond the reasonable control of the party, e. g. , a natural or man-made disaster. E. DISPUTE RESOLUTION: In the event of a dispute between the parties, the parties shall use their best efforts to resolve that dispute in an informal fashion through consultation and communication, or other forms of non-binding alternative dispute resolution mutually acceptable to the parties . F. THIRD PARTY CLAIMS : This Agreement is for the sole and exclusive benefit of the signatory parties, and shall not be construed Page 5 of 6 MOU - FCC BEAUMONT, TEXAS Inter-Governmental Agreement to bestow any legal right or benefit upon any other persons or entities . G. CONTACT INFORMATION: Each party shall provide to the other party a list of contact persons authorized to act as liaison with the other party to implement this Agreement and coordinate additional operational details . This list shall include names, titles, telephone numbers, mailing/e-mail addresses, and be updated as necessary to reflect personnel changes . IN WITNESS WHEREOF, the undersigned, duly authorized officers have subscribed their names on behalf of the Federal Bureau of Prisons, FEDERAL CORRECTIONAL COMPLEX, in BEAUMONT, TEXAS, and the PORT ARTHUR POLICE DEPARTMENT, in PORT ARTHUR, TEXAS For the PORT ARTHUR POLICE DEPARTMENT, PORT ARTHUR, TEXAS: Ronald Burton, City Manager Date City of Port Arthur For the Federal Bureau of Prisons : Submitted: 7 Bryan K. obbs, omp ex Warden Date Fe eras orrecti 1 Complex, Beaumont, Texas F. J. Garri , Warden (BML) Date Feder Correctional Complex, Beaumont, Texas J. rtlett, Warden (BMM) Date Federal Correctional Complex, Beaumont, Texas Concurred: J. Baltazar, Regional Director Date South Central Regional Office Approved: Al Rauschuber, Jr. , Chief Date Field Acquisition Office Page 6 of 6 MOU - FCC BEAUMONT, TEXAS Inter-Governmental Agreement