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
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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
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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
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19996