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HomeMy WebLinkAbout19996 RES - 9/29/1987{ A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE NUECES COUNTY AND THE SHERIFF OF NUECES COUNTY FOR THE CONSOLIDATION OF JAIL OPERATIONS AND SERVICES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a contract with the Nueces County and the Sheriff of Nueces County for the consolidation of jail operations and services, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." ATTEST: City Secretary M OR APPROVED: aI DAY OF $�t. , 19 8 7 HAL GEORGE, CITY ATTORNEY R T�a—r ant City Attorry y 08P.086.01 THE C TY OF CORPUS CHRISTI, TEXAS 1999SMICROFILMED r ' a ) • (i3 ,44,-z-te AGREEMENT OF THE CITY OF CORPUS CHRISTI, TEXAS, NUECES COUNTY, TEXAS, AND THE OFFICE OF SHERIFF, NUECES COUNTY, TEXAS, Dated as of , 1987 at Corpus Christi, Texas THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT AG01.030.01 4 6t} THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT AGREEMENT THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This Agreement is made and entered into by and between the City of Corpus Christi, a municipal corporation and home rule city (hereinafter the "City"), Nueces County, a political subdivision of the State of Texas (hereinafter the "County"), and the office of the Sheriff of Nueces County, Texas, (hereinafter the "Sheriff"). WHEREAS, the City of Corpus Christi and Nueces County are involved in separate jail operations, resulting in a duplication of services and a less than maximum utilization of law enforcement resources; and WHEREAS, by joint resolution, the Chief of Police was authorized to initiate a joint planning effort with the Sheriff of Nueces County to evaluate the future needs of the City of Corpus Christi and the County of Nueces and to study the feasibility of a joint jail operation; and WHEREAS, the City, the County, and the Sheriff have determined it to be in their best interests that an agreement be made for the consolidation of jail functions for the City and County; and WHEREAS, the City, the County, and the Sheriff have determined that such a consolidation will result in the reduction of duplication of services, increased efficiency, and reduced costs; and WHEREAS, Pursuant to the Interlocal Cooperation Act, Article 4413 (32c), Vernon's Annotated Texas Statutes, (hereinafter the "Act") any local government may contract or agree with one or more local governments to perform governmental functions and services, such as detention services; and WHEREAS, this Agreement states the purpose, terms, rights, objectives, duties, and responsibilities of the City, County, and the Sheriff; and THEREFORE, in consideration of the aforementioned premises, the CITY OF CORPUS CHRISTI, TEXAS, the COUNTY OF NUECES, TEXAS, and the SHERIFF OF NUECES COUNTY, TEXAS, hereby enter into this Agreement under the following terms and conditions: AG01.030.01 I. Consolidation of Jail Operations and Services. Upon the completion of construction of County facilities necessary for the intake, booking, and housing of prisoners charged with Class C Misdemeanors, jail operations and services of the City shall be transferred to and consolidated with the County and City jail operations shall be terminated. County and Sheriff shall complete such construction as soon as reasonably practical, and in no event more than six months from execution of this Agreement by all parties. The Sheriff and Police Chief will begin preparation of documents and procedures necessary to consolidate jail operations immediately upon acceptance of the terms of this Agreement. II. Responsibility for Booking. Upon consolidation of jail operations and services, the Sheriff shall receive, search, handle, control, and book all prisoners arrested on Class C misdemeanor charges that are brought to the County facility by members of the Corpus Christi Police Department (C.C.P.D.). III. Booking and Identification Documentation Sheriff shall provide to C.C.P.D. the following on each City prisoner booked into the Nueces County Jail. 1. Items needed by the Central Information Division A. The following warrant checks will be run on all prisoners booked into the County Jail: 1. Warrant check for Municipal Court warrants. 2. Warrant check for County warrants. 3. Warrant check for Felony warrants. 4. Warrant check through the Texas Crime Information Center and National Crime Information Center. City shall provide the Sheriff with computer terminals as needed and access to necessary C.C.P.D. files to accomplish the warrant checks. B. A list of all City prisoners who were processed into the County Jail during the preceding calendar day and accompanying paperwork (arrest sheets, fingerprint cards, photographs, prisoner information sheet) will be provided to the C.C.P.D. by 6:00 a.m. each day. In addition, Sheriff shall provide at such time a roster of all City prisoners in custody during such calendar day, which includes time of booking and release. C. Black and white mug shot photos of all processed City prisoners which will show the subject's full face and right profile and date of the photograph. D. Fingerprints: The Police Chief and Sheriff will agree on standardized fingerprint cards, to be supplied by the County, and to be used for the fingerprinting of all prisoners. A001.030.01 E. Definitions of fingerprint cards to be provided are as follows: 1. Standard 10 Print card - an 8x8 card which should contain the rolled impressions of each finger present and include the core and delta of each fingerprint without any smudging. The card should also contain the plain impressions and signatures of person taking the prints and the subject being printed. 2. Standard Palmprint card - an 8x8 card which should contain the rolled impressions of the subject's palms without any smudging and the signatures of the person taking the prints and the subject being printed. 3. Standard Strip Print card - an 8x8 speciality card requiring the rolled impressions of the subject's fingers without any smudging and the signature of the person taking the prints. 4. Prisoner Information Sheet: The City will provide the Sheriff with an 8x11 sheet for subject information not normally found on the arrest sheet. It will also contain a space for plain print impressions needed for verification of history. 2. Items needed by C.C.P.D. Identification according to offense classification: A. No previous arrest by C.C.P.D. a. One standard 10 print card b. One standard palmprint card c. One standard mug photo d. One standard Prisoner Information sheet e. One standard stripprint card B. Previous arrest by C.C.P.D. a. One standard 10 print card if current card is over 5 years old or substandard. b. One standard palmprint card if current card is over 5 years old or substandard. c. One standard mug photo if current photo is over 5 years old or substandard. d. One standard prisoner information sheet if current sheet is over 5 years old. e. One standard stripprint card if current card is over 5 years old or substandard. IV. C.C.P.D. Officer Interrogation Privileges The Sheriff will insure availability of prisoners to C.C.P.D. officers at all times, when there is no sufficient reason to delay availability, such as during prisoner meals, visiting hours, etc. C.C.P.D. officers will also be allowed temporary custody of prisoners after booking, for such purposes as accompanying officers to C.C.P.D. Criminal Investigation Division for investigative purposes, and will be held responsible for the custody of these prisoners during such time periods. AG01.030.01 V. Responsibility for Safeguarding Prisoners and Personal Effects The County and the Sheriff shall be responsible for the care and custody of City prisoners and their property received from C.C.P.D. pursuant to this Agreement. Provided, however, the County will not accept care or custody of a prisoner's vehicle. VI. Inspection of Prisoners for Illness or Injury The Sheriff shall accept and book City prisoners who have an injury or illness after the City has furnished initial medical treatment or when a prisoner has refused treatment from a medical facility. The City shall furnish the Sheriff with a report showing medical treatment given, or that the prisoner has refused treatment. VII. Medical Treatment for Class C Prisoners When the Sheriff determines that a City Class C misdemeanor prisoner needs medical attention which cannot be provided at the Jail, he shall notify the C.C.P.D. Liaison Officer. The Liaison Officer shall promptly dispatch a C.C.P.D. unit to transport the prisoner to the appropriate medical treatment facility. Provided, however, in cases of medical emergency, the Sheriff will immediately transport the prisoner or obtain necessary medical treatment without prior notification to C.C.P.D. The City will continue to bear such medical costs for treatment of its Class C misdemeanor prisoners when transported to treatment facilities as it has borne for such prisoners in the past. County will have no responsibility for costs of City Class C prisoners transported to treatment facilities. During the time a City Class C prisoner is away from the County Jail for medical treatment in City custody, City shall not be charged the per diem under Article IX hereof. VIII. Jail Liaison Officer During the first six (6) months after full consolidation of booking and housing of City Class C prisoners, the City will provide a police officer, on-site, on a twenty-four (24) hour post at no cost to the County as a liaison. Thereafter, said Liaison Officer shall continue to be available on a twenty-four (24) hour basis by contacting C.C.P.D: This officer's primary responsibility will be to facilitate the changeover by resolving technical/operational questions that may arise. IX. Cost to the City for Booking/Housing Prisoners The City will pay the County a per diem rate for each day or fraction of a day that a City prisoner of Class C status is incarcerated in the jail. AG01.030.01 Calculation of the per diem rate for City prisoners shall be based on the following rates: 1. Up to 6 hours incarceration = $ 10.00 per prisoner 2. 6 to 12 hours incarceration = $ 20.00 per prisoner 3. 12 to 18 hours incarceration = $ 30.00 per prisoner 4. 18 to 24 hours incarceration = $ 40.00 per prisoner The City shall not be charged for a person who is arrested by a C.C.P.D. officer and brought to the booking area, but who is released before actually being booked in the County Jail. The City will pay the per diem rate on any prisoner booked on any combination of charges that include a Class C misdemeanor until that Class C charge is disposed of by posting bond, payment of fine, or by other means. X. Releases The Sheriff will make all authorized releases of City prisoners. City shall furnish transportation for City prisoners (Class C) that are due to be magistrated at the City courts. When a magistrate is available at the County Jail, the Sheriff will be responsible for the delivery of all prisoners set for magistrating at a specific time. If extenuating circumstances cause the Sheriff to be unable to deliver prisoners for magistrating on time, City charges for incarceration shall be based only on the time between when the prisoner was incarcerated and the initial magistrating time. XI. Payment and Billing Procedures The County will deliver to the City monthly statements for per diem charges of the prior month, and the City will pay such bills within 30 days of receipt. The County will submit an invoice to the City as of the last day of each month, giving the names of the prisoners, and the dates and hours of admission and release. Errors in billing, if any, must be corrected within 30 days after the error is discovered; provided, that no error in billing or payment will be considered more than 12 months after the error was made. The County agrees to permit- the City reasonable access to billing records and accounting documents. The County further agrees to inform the City of the accounting method and auditing mechanism that will be utilized in this billing process. AG01.030.01 Pituwk- XII. Review of the Per Diem Cost Upon written demand of the Sheriff or City Manager at least six months after consolidated operations commence, the City Manager and Sheriff shall appoint two citizens each to a committee to review the per diem cost. Such citizens must be residents of Nueces County who are not officers or employees of any of the parties hereto. Said appointment shall be made within 20 calendar days of receipt of the written request or the committee shall be composed of only the two citizens appointed by the requesting party. The committee shall make written recommendations to the City and County within 30 days of its appointment as to increases or decreases, if justified, to the per diem rate. The committee recommendation shall be based upon the total costs attributable to the housing of City Class C misdemeanor prisoners, including but not limited to, building depreciation, food, medical, housing, maintenance, staffing and equipment. A committee to review per diem cost may not be demanded more often than once in any one year period. XIII. Arbitration of Per Diem Cost If the committee recommendation is rejected by the City Manager or Sheriff, or if a majority of the committee fails to make a recommendation within said 30 days, either may demand arbitration proceedings, which, except as provided herein, shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). The party demanding arbitration shall request in writing a list of seven qualified neutrals from AAA, and shall request that the list be sent to both parties. Within ten working days after receipt of the list, the City Manager and Sheriff or their designees shall meet and alternately strike names on the list and the remaining name shall be the arbitrator. The party demanding arbitration shall promptly notify AAA of the selection. Should either party fail to participate in striking names, the other party shall strike three names and return the list to AAA which shall randomly select one of the remaining four neutrals. The hearing shall be commenced as soon as the arbitrator selected can be scheduled. The arbitrator shall make a written award within thirty days of AG01.030.01 the close of evidence, unless granted additional time by agreement of the Sheriff and City Manager. The award shall establish the per diem rate based upon the criteria required of the committee in paragraph XII. The arbitrator's award shall be final, unappealable, and binding on the City, County, and Sheriff until modified by agreement of the parties or a subsequent arbitrator's award, and judgment upon the award may be entered by any court having jurisdiction thereof. Such binding effect will not be diminished even if one or more of the parties fails to attend or participate in the hearing. Costs of the arbitration shall be shared equally by the City and County. Such costs do not include expenses specifically incurred by individual parties, such as witness and attorney fees, which expenses shall be borne by the individual parties. A stenographic transcript of the hearing may be made by any party, but such cost shall be shared only upon agreement of the parties. XIV. Procedural Modifications Procedures established herein for receiving, booking, searching, identifying, obtaining medical treatment, and otherwise handling City prisoners may be modified by written agreement of the Sheriff and Police Chief. XV. Tenn of Agreement This Agreement shall be in full force and effect as of the date of execution below and continue thereafter subject to the terms and conditions herein stated. Pursuant to the Interlocal Cooperation Act, the continuing obligations and agreements contained herein shall continue for a one-year term, which term shall be automatically renewed each year commencing August 1, 1988, and, each party paying for the performance of functions or services described herein shall make payments therefor from current revenues available to the paying party. Either party may terminate this Agreement upon one year's written notice to the other party at the applicable addresses indicated below or at such other addresses as may be designated in writing by the parties from time to time: City of Corpus Christi 302 S. Shoreline P.O. Box 9277 - Corpus Christi, Texas 78469-9277 Attn: City Manager Nueces County 901 Leopard Street Corpus Christi, Texas 78401 Attn: County Judge AG01.030.01 Nueces County Sheriff's Office 901 Leopard Street Corpus Christi, Texas 78401 Attn: Sheriff XVI. Legal Construction A. Applicable Law. This Agreement shall be interpreted, construed, and governed by the laws of the United States and the State of Texas and shall be enforceable in any court of competent jurisdiction in Nueces County, Texas. B. Severability. In the event that any section, subsection, or paragraph of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such termination shall not affect the remainder of the Agreement and the same shall be given full force and effect as if said invalid section, subsection or paragraph had not been included herein. C. Multiple Originals. This Agreement shall be executed in three counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. D. Headings. The captions or headings in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provision hereof. Executed this day of , 19 ATTEST: CITY OF CORPUS CHRISTI, TEXAS By By Armando Chapa, City Secretary Craig A. McDowell, City Manager ATTEST: COUNTY OF NUECES, TEXAS By By Marion Uehlinger, County Clerk Robert N. Barnes, County Judge SHERIFF, NUECES COUNTY, TEXAS By James T. Hickey, Sheritf APPROVED AS TO LEGAL FORM APPROVED AS TO LEGAL FORM THE DAY OF , 19 THE DAY OF , 19 HAL GEORGE, CITY ATTORNEY CARLOS VALDEZ, COUNTY ATTORNEY By Assistant City Attorney AG01.030.01 Carlos Valdez Corpus Christi, Texas 03 day of Zlabfra (P/LI 1982 The above resolution was passed by the following vote: Betty N. Turner David Berlanga, Sr. Q, Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong 99.066.01 ay- davb- 19996