HomeMy WebLinkAboutPR 23966: POLICE DEPARTMENT TO PAY JEFFERSON COUNTY AS IT PERTAINS TO HOUSING OF PRISONERS City of
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INTEROFFICE MEMORANDUM
Date: October 4, 2024
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
;
From: Timothy W. Duriso, Chief of Police.�lu" 041
RE: PR 23966 — Resolution authorizing the Police Department to pay $540,000.00
to Jefferson County as it pertains to housing of prisoners. Funding allocated in
account number 001-17-045-5488-00-30-000.
Introduction:
The intent of this Agenda Item is to seek the City Council's approval to allow the Police
Department to pay $540,000.00 to Jefferson County as it pertains to the housing of Prisoners.
Background:
Pursuant to Resolution No. 21-504 the City of Port Arthur entered into an Intergovernmental
Contract with Jefferson County as it pertained to the housing of prisoners. Jefferson County
has rendered an invoice in the amount of$540,000.00 as a settlement agreement for any and all
claims from past services for inmate housing.
Budget Impact:
Funding for this settlement are available in account number 001-17-045-5488-00-30-000.
Recommendation:
It is recommended that the City Council approve the Police Department to pay$540,000.00 to
Jefferson County as it pertains to the housing of prisoners.
"Remember, Nye 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. 23966
JLH 10/04/2024
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE PORT ARTHUR POLICE
DEPARTMENT TO PAY $540 , 000 . 00 TO JEFFERSON COUNTY
AS IT PERTAINS TO HOUSING OF PRISONERS AT THE
JEFFERSON COUNTY JAIL; FUNDING ALLOCATED IN POLICE
DEPARTMENT ACCOUNT NUMBER 001-17-045-5488-00-30-
000 .
WHEREAS, pursuant to Resolution No. 09-113, the City of
Port Arthur entered into an Intergovernmental Contract with
Jefferson County and extended the Intergovernmental Contract
until cancelled by a contracting party; and
WHEREAS, in Resolution 21-504 it was deemed in the best
interest of the City of Port Arthur to enter in an agreement
with Jefferson County as it pertains to the housing of
prisoners at the Jefferson County Jail (see Exhibit "A") ; and
WHEREAS, Jefferson County has rendered an invoice
pursuant to 21-504 in the amount of $540, 000 . 00 as a
settlement agreement for any and all claims from past
services for inmate housing at the Jefferson County Jail
(see Exhibit "B") ; and
WHEREAS, funding for this settlement are available in
account number 001-17-045-5488-00-30-000 .
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 City Council hereby authorizes the
Police Department to pay $540, 000 . 00 to Jefferson County as
it pertains to the housing of prisoners .
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 December,
A. D. , 2024, at a Regular Meeting of the City Council of the
City of Port Arthur, Texas, by the following vote : AYES :
Mayor:
P.R. No. 23966
JLH 10/04/2024
Councilmembers :
NOES:
Thurman Bill Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED TO FORM:
Roxann Pais Cotreneo
City Attorney
APPROVED FOR ADMINISTRATION:
M-4-711?4
ñBurtonP
Tmothy . Du iso 9044
City Manager Chief ,f Police
1
P.R. No. 23966
JLH 10/04/2024
APPROVED AS TO AVAILABILITY OF FUNDS :
Lynda Boswell
Finance Director
P.R. No. 23966
JLH 10/04/2024
EXHIBIT "A"
49
0021N Corgi
PBX Ns
AGENDA ITEM January 4, 2022
Consider, possibly approve, authorize the County Judge to execute, receive
and file Intergovernmental Contract Between Jefferson County and the City
of Port Arthur regarding services at the Jefferson County Jail.
50
THURMAN BILL BARTIE,MAYOR Freers> RONALD BURTON
DONALD RAY FRANK,SR.,MAYOR PRO TEM City of r'^ ti CITY MANAGER
COUNCIL MEMBERS: f/ VAL TIZENO
CITY ATTORNEY
INGRID HOLMES o r t r t h u
CAL J.JONES SHERRI BELLARD
THOMAS J.KINLAW,III Texas CITY SECRETARY
KENNETH MARKS
CHARLOTTE MOSES
December 13, 2021
Dear Mr. Jackson:
Pursuant to Resolution No. 21-504 that was approved at the November 30, 2021
City Council Meeting, enclosed are two (2) original Intergovernmental Contracts
between the City and Jefferson County that requires signatures from County officials.
Please return one(1)original to the City after executing. Thank you.
Sincerely,
*aleno,
City Attorney
Enclosures
P.O BOX 1089'PORT ARTHUR,TEXAS 77641-1089 '4091983-8125'FAX 409/983-8124' www.portarthurtx.gov
51
P. R. No. 22108
11/18/21 lit
RESOLUTION NO..SG SL
A RESOLUTION AS IT PERTAINS TO THE HOUSING OF
PRISONERS AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN INTERGOVERNMENTAL CONTRACT
BETWEEN THE CITY OF PORT ARTHUR AND JEFFERSON
COUNTY,TEXAS
WHEREAS, pursuant to Resolution No. 08-055, the City of Port Arthur entered into an
Intergovernmental Contract with Jefferson County,Texas as it pertained to the housing of prisoners;
and
WHEREAS, pursuant to Resolution No. 09-213, both parties deemed it appropriate to
continue the contractual relationship between the City and Jefferson County and extended the
Intergovernmental Contract; and
WHEREAS, on September 28, 2021, the City received correspondence from Jefferson
County pertaining to the Notice of Termination of said contract effective November 1,2021; and
WHEREAS, both parties have been in ongoing discussions and negotiations a of new
intergovernmental contract that will be beneficial to the citizen and taxpayers of the City and
Jefferson County; and
WHEREAS, it is deemed in the best interest of the City to enter into an agreement with
Jefferson County as it pertains to the housing of prisoners,in substantially the same form,attached
hereto as Exhibit"A",and
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 City Manager and City Attorney are herein authorized to execute
any and all documents and agreement in order to settle all pending claims and litigation between
52.
the City of Port Arthur and Jefferson County,Texas.
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 nabL A.D.,
2021, at a Meetin_ of the City Council of the City of Arthur,Texas,by the following vote:
AYES: Mayor 'Wu ' , on,,,,,,k D ' Ul '40 L} ,
1 ' nnCr1 i / 1cui ),
Councilmembers (�'(� �' � `i' , n � -
' - .• / '
ANSI-
()
NOES: )1\..P•tAAS.------- .
i
urm Billaitie`,
Mayo
ATTEST:
Shem43ellard,
City Secretary
APPROVED AS TO FORM:
i%Gli( ( /
Valecia Tizenge/4-6
City Attorney
APPROV I OR ADMINISTRATION:
AI
41,0
Ronalo
City --r
1
53
INTERGOVERNMENTAL CONTRACT BETWEEN
JEIFERSON COUNTY,TEXAS AND THE
CITY OF PORT ARTHUR
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE
COUNTY OF JEFFERSON § PRESENTS:
THIS CONTRACT is executed this day of . 2021, by and
between the COUNTY OF JEFFERSON, STATE OF TEXAS. called "County," acting by and
through its duly elected and qualified Commissioners Court, and the CITY OF PORT ARTHUR,
a Home Rule City of Jefferson County,Texas,hereinafter called"City,"under the terms,authority
and provisions of Chapter 79I 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; and
WHEREAS, it is agreed by the governing bodies of the County and the City that the
consideration moving between the parties in support of this agreement is the exchange of services
and payment of reasonable compensation as herein contemplated:
NOW THEREFORE. in consideration of the covenants, conditions and undertakings
hereinafter described. it is agreed:
Page 1 of 7
54
I. The contractual relationship created in this agreement shall begin on November 1. 2021
and shall continue until and through October 31, 2022. Thereafter, the contract shall continue
from year to year thereafter unless terminated by either of the parties in accordance with Paragraph
7 and will automatically renew according to the terms and conditions herein unless terminated by
giving written notice as outlined herein below.
2. The County and the City, in paying for the performance of governmental functions and services
described in this contract, shall make payment therefore from current revenues available to the
paying party. The daily charges may be revised by written amendment to this agreement.
However,the daily charge shall be uniformly assessed to all cities in Jefferson County.
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 service or services contemplated by this agreement. In this regard, in
the event any other city in Jefferson County is charged an amount less than the$75.00/day charge
established herein, then the City of Port Arthur's daily rate shall be reduced to such lesser amount
effective for any and all days the lesser amount is charged to said other city.
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 operational requirement of Chapter
351 and Section 351.001 of the Texas Local Government Code. 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
Page 2 of 7
55
appropriate court with whom an information,complaint, indictment,or other legal process may be
filed.
5. It is specifically agreed that the 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 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 persons charged with Class C misdemeanors in a
Municipal Court of City. The extent and duration of the emergency shall be determined by the
Sheriff of Jefferson County and her determination in that regard shall be final and while not subject
to review by the governmental bodies of City or County may be reviewed for reasonableness by a
court of competent jurisdiction.
A. CLASS C MISDEMEANOR OFFENSES
A 1. It is mutually agreed between the parties hereto that upon presentation by a city
police officer of a prisoner for a Class C Misdemeanor Offense to be held for Municipal Court,
Sheriff shall book the prisoner in the Jefferson County Jail,once the prisoner is medically cleared,
and the Sheriff will be responsible for the care and custody of the prisoner and his or her property.
Billing costs and fees of the prisoner will begin at the time of book-in and as recorded in the jail
records of the Sheriff. The Sheriff further agrees that he/she will not release from custody a
prisoner who has been booked into the Jefferson County Jail until his or her release is lawfully
ordered by the Municipal Court, a bail bond or recognizance is furnished, or such prisoner is
released to the custody of the City or other responsible officials or parties. Billing costs will end
Page 3of7
56
when the prisoner is released from the Jefferson County Jail either by lawful court order, a bail
bond or recognizance being furnished,or when the City resumes physical custody of the prisoner.
The time and date of release of the prisoner shall be recorded in the jail records of the Sheriff.
A2. The City shall pay to the County for the housing of prisoners at $75.00 per day
payable monthly.The$75.00 per day charge will be broken down into six-hour segments at$18.75
per/segment for any day until the prisoner is released as stated in Al. The $75.00 per/day charge
will apply to any part of any 6-hour segment of a day until released.
A3. Should a prisoner detained and/or incarcerated hereunder for a Class C
misdemeanor by the Municipal Court require medical treatment in a hospital, then, in the sole
discretion of the medical staff in charge of the county infirmary, expenses of such emergency or
extraordinary medical or surgical treatment shall be the responsibility of the City. Charges for
such treatment will be forwarded to the City as a part of each scheduled billing as outlined herein.
A4. The City shall be responsible for the transportation of prisoners from the jail to the
City Municipal Court or other court facility designated by the City.
A5. It is further agreed that during the term of this agreement,the City will be solely
responsible for collecting any fines and or bonds assessed by the City's Municipal Court against
any inmate who is the subject of this agreement.
A6. In the furnishing of jail facilities under this contract,each party shall be responsible
for the acts and omissions of its officers and employees without waiver of any immunities or
defenses against the claims of third parties. This agreement shall not constitute an indemnification
agreement for the acts or omissions of any party.
Page 4 of 7
57
B. CLASS B MISDEMEANOR OR HIGHER OFFENSES
B1. It is mutually agreed between the parties hereto that, upon presentation by a city
police officer of a prisoner for a Class B Offense or higher without a warrant or court commitment,
the Sheriff shall book the prisoner in the Jefferson County Jail once the prisoner is medically
cleared and will then be responsible for the care and custody of the prisoner and his or her property.
Billing costs and fees of the prisoner will begin at the time of book-in. The Sheriff further agrees
that she will not release from custody a prisoner who has been booked into the Jefferson County
Jail until his or her release is lawfully ordered,or a bail bond or recognizance is furnished,or such
prisoner is released to the city or other responsible officials or parties.
B2. If the prisoner is booked into the Jefferson County Jail under a Jefferson County
arrest warrant or court commitment, the prisoner will be booked without charge to the City. All
other prisoners booked into the facility under a Class B offense or higher will be billed to the city
upon book-in for costs as described in paragraph B3 until such time he or she is released or charges
of$75.00 have accrued.
B3. The City shall pay to the County for the housing of prisoners for Class B offenses
and higher at $75.00 per day payable monthly. The $75.00 per day charge will be broken down
into six-hour segments at$18.75/segment for any day, until the prisoner is released or charges of
$75.00 have accrued. The $75.00/day charge will apply to any part of any day until released or
$75.00 of charges have accrued.
6. In settlement of any and all claims for past services,the City shall pay the sum of
$540,000.00 to the County on or before December 31, 2024, with such payment to be utilized by
the County solely for the construction or operation of a substance abuse and mental health
Page 5 of 7
58
treatment center. The provisions of this Paragraph shall survive any termination of this Agreement
and may be enforced by an action for specific performance in the District Court of Jefferson
County. Texas. Upon execution of this Agreement, County shall fully release such prior claims.
7. Either City or County may, upon 30-day advance notice in writing,terminate this contract.
8. 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 for claims by third parties 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.
9. All claims,disputes and other matters in question arising out of or relating to this contract
shall be submitted to mediation or non-binding arbitration pursuant to the Section 791.015 and
Chapter 2009 of the Texas Government Code. prior to any filing of any claim in a Texas court.
Each party shall pay its own legal and other costs relating to the mediation or the non-binding
arbitration regardless of the outcome of the mediation or the non-binding arbitration.
10. The provisions of this contract shall be cumulative of all provisions of the statutes of the
State of Texas. By the execution of this Contract, neither County or City waive defenses of
governmental immunity to tort liability to third parties available to each of them under the laws of
the State of Texas or the United States for any claims arising under this Agreement.
EXECUTED the day and year above written.
Page 6of7
59
JEFFERSON COUNTY SHERIFF'S OFFICE
,Ibt-
ZENA PHENS, Sher f Jefferson County, Texas
ATTE T: JEFFERSON Co) 'TY,TEXAS
Pi
ll
County Clerk.Jefferson County, Texas :`'
• NICK 10NERs�ot�r
County Judge p , veA
G lrr
ATTEST: CITY OF PORT ARTHUR s .... '•"'0 fi.
�11ht t� titi~`�•
ity lerk, City of Port Arthur, Texas RONAL
City Manager
Page 7of7
P.R. No. 23966
JLH 10/04/2024
EXHIBIT "B"
JEFFERSON COUNTY INVOICE
1149 PEARL 7TH FLOOR
BEAUMONT, TX 77701
SERVICES PROVIDED FOR:
City of Port Arthur INVOICE DATE 3/7/2024
Attn: Thurman Bartle
444 4th Street#337 INVOICE NUMBER 24-26
Port Arthur,Texas 77640
QUANTITY DESCRIPTION UNIT PRICE AMOUNT
As per Intergovernmental Contract between
Jefferson County, Texas and the City of Port Arthur
1 Settlement agreement for any and II claims from $ 540,000.00 $ 540,000.00
past services for inmate housing
$ 540,000.00
$540,000.00
Questions concerning this invoice? MAKE ALL CHECKS PAYABLE TO: PAY THIS
Call: Fran Lee Jefferson County AMOUNT
(409) 835-8501
I