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HomeMy WebLinkAboutRES 21-324RESOLUTION NO_ 21-324 BE IT RES(DLA/EE:) BY THE CITY COUNCIL OF THE CITY OF 13EAUMONT= THAT the City Manager be and he is hereby authorized to execute an Intergovernmental Contract between the City of Beaumont and Jefferson County related to the housing of prisoners at the Jefferson County Jail effective upon execution and terminate October 21, 2022 and continue thereafter year to year unless terminated by either of the parties in accordance with the provisions outlined in the contract_ The Intergovernmental Contract is substantially in the form attached hereto as Exhibit and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 _ PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of December, 2021 _ Mayor Robin Mouton - PACjNT`1�Q 6 D L w INTERGOVERNMENTAL CONTRACT BETWEEN JEFFERSON COUNTY, TEXAS AND THE CITY OF BEAUMONT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE COUNTY OF JEFFERSON § PRESENTS: THIS CONTRACT is executed this �G YA day of Nj ✓px,d1A!�, , 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 BEAUMONT, a Home Rule City of Jefferson County, Texas, hereinafter called "City," under the terms, authority and provisions of Chapter 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 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 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 EXHIBIT "A" 1. 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 Beaumont'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 2of7 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 or release 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 not subject to review by the governmental bodies of City or County. A. CLASS C MISDEMEANOR OFFENSES Al. 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 may 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 when the prisoner is released from the Jefferson County Jail either by lawful court order, a bail Page 3 of 7 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 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 may 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 $2,000,000 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 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 and dismiss its present litigation with prejudice. 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 Beaumont, 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 Beaumont, 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 6 of 7 JEFFERSON COUNTY SHERIFF'S OFFICE ZENA EPHENS, Sheri Jefferson County, Texas ATTEST: JEFFERSON COUNT II, TEXAS County CITY OF BEAUMONT City Clerk, City of Beaumont, Texas Kyle Hayes City Manager Page 7 of 7 INTERGOVERNAIENTAL CONTRACT BETWEEN JEFFERSON COUNTY, TEXAS AND THE CITY OF BEAUMONT THE STATE OF TEXAS § § KNOW AJLL MEN BY THESE COUNTY OF JEFFERSON § ]PRESENTS: THIS CONTRACT is executed this day of N911,0,114. 20.21, by and between the COUNTY OF JEFFERSON, STATE OF. TEXAS, called "County; acting by and through its. duly oWted and qualified C - - i ommi siobers Court, and the CITY OF BEAUMONT, a Home Rule City of Jefferson. -County; Texas, hereinafter called "City," under the terms, authority and provisions of Chapter 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 Beaumont, Texas, that it is advantageous to eachnaMed governmental entity that services be, exchangedbetween.the C0Imt3r 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 f o tile described govettmental 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 compongdtion as herein contemplated: NOW TBEREFORE, in consideration of the covenants., conditions and undertakings hereinafter describ4 it is agreed: Page I of 7 1. 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 Beaumont'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 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 or release 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 not subject to review by the governmental bodies of City or County. A. CLASS C AGSDEWANOR OFFENSES Al. 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 may 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 when the prisoner is released from the Jefferson County Jail either by lawful court order, a bail Page 3of7 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 j ail 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 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 may 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 $2,000,000 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 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 and dismiss its present litigation with prejudice. 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 Beaumont, 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 Beaumont, 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 6 of 7 JEFFER . SON QOUNTY SHERIFF'S OFFICE ZENA VrEPBENS, Sher4 Jefferson County, Texas - ATTEST: City Clerk, City of Beaumont, Texas. JEFFERSON COUNn, TEXAS CITY OF BEAUMONT Kyle Hayes City Manager Page 7 of 7