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HomeMy WebLinkAboutRES 86-092 9 .2- R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute an agreement with Jefferson County for the detention of prisoners arrested by the city' s law enforcement officers, substantially in the form attached hereto as Exhibit "A" . PASSED BY THE CITY COUNCIL of the City of Beaumont this the /'?44 day of L lam 1986. Mayor - INTERGOVERNMENTAL CONTRACT BETWEEN JEFFERSON COUNTY, TEXAS, AND THE CITY OF BEAUMONT, TEXAS STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: THIS CONTRACT is executed this day of , 1986, by and between the COUNTY OF JEFFERSON, STATE OF TEXAS, called "County," acting by and through its duly elected and qualified County Judge, and the CITY OF BEAUMONT, a home rule city of Jefferson County, Texas, hereinafter called "City," under the terms, authority and provisions of Article 4413(32c) of the Revised Civil Statutes of the State of Texas. WHEREAS, it has been found and determined by the Commissioners' Court of Jefferson County, Texas, and by the City Council of the City of Beaumont, 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 as herein contemplated: 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 April 1 , 1986, and shall continue until and through September 30, 1986. Thereafter, the contract shall be renewable for periods of one (1 ) year unless t",e 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. Exhibit "A" - 1 �6- 2 . The County and the City paying for the performance of governmental functions and services described in this contract shall make payment therefor 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 service or 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 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 persons 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 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 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 persons charged with Class C misdemeanors in the Municipal Court of City. The extent and duration of the emergency shall be determined 2 - 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 County. 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 in the 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 b.e 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 in the County jail. 8. In the furnishing of jail .facilities under this contract, any civil liability relating to the furnishing of 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 in 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 thirty (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 thirty ( 30) day termination clause, the City will be able to have an operational jail . 3 - 11. The City shall pay to the County for the housing of City prisoners $44.00 per day payable monthly. That $44.00 per day charge will be broken down into six (6 ) hour segments at $11/segment. When the prisoner ceases to be a County prisoner and becomes a City prisoner, charges shall cease. 12. The fee as established by Paragraph 12 is subject to renegotiation for the second year of this contract commencing October 1, 1986, and shall be based on the cost factors which were used to compute the $44. 00 fee applicable to this agreement. GENERAL PROVISIONS The provisions of this contact 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 Beaumont, 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 Beaumont, Texas. EXECUTED the day and year above written. RECOMMENDED BY: ATTEST: JEFFERSON COUNTY DETENTION CENTER Jefferson County, Texas R. E. Culbertson, Sheriff Jefferson County, Texas APPROVED: ATTEST: JEFFERSON COUNTY, TEXAS Jefferson County, Texas By. R. P. LeBlanc, Jr. County Judge 4 - ATTEST: CITY OF BEAUMONT, TEXAS By: City of Beaumont, Texas C. A. Shelton Interim City Manager 5 -