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HomeMy WebLinkAbout021196 RES - 07/23/1991A 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 MAYOR TH OF CORPUS CHRISTI APPROVED: i Li DAY OF // , 19 Cj JAMES R. BRAY, JR., CITY ATTORNEY By City Attorney MISC:91154 skp MICROFILMED 021196 THE STATE OF TEXAS COUNTY OF NUECES AGREEMENT KNOW BY ALL THESE PRESENTS: 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, and increased efficiency; and 1 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: I. Consolidation of Jail Operations and Services. A. 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. The County shall complete such construction as soon as reasonably practical. 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. B. A Class C Misdemeanor prisoner is one who has been arrested by a Corpus Christi Police Officer solely for a 2 3. One standard palm card to the CCPD Identification Section. 4. One video image which shows the subject's full face and right profile, identification number and the date of the image. 5. One Prisoner Information sheet. b. Repeat arrest requires the following: 1. One standard 10 print or palm card if past cards are over 5 years old to CCPD Identification. 2. One video image which shows the subject's full face and right profile, identification number and the date of the image, if there is no video image or the image is over two years old. 2. Class A, B Misdemeanor or Felony (Except Theft or DWI - refer to III.B.3.) a. First time arrest requires the following: 1. One centralized ID number 2. One standard 10 print card to Master file 3. One standard 10 print card to CCPD Identification. 4. One standard palm card to CCPD Identification. 5. One DPS 10 print card to DPS. 6. One FBI 10 print card to the FBI. 7. One video image which shows the subject's full face and right profile, identification number and the date of the image. b. Repeat arrest requires the following: 1. If A FELONY - One standard 10 print or palm card if current cards are over 5 years old. Card to be forwarded to arresting agency. 2. IF A MISDEMEANOR - One video image which shows the subject's full face and right profile, identification number and the date of the image, if there is no video image or if the current image is over two years old. 3. IF A FELONY - One DPS 10 print card to DPS. 4. One FBI 10 print card to the FBI. 5. One video image which shows the subject's full face and right profile, identification number and the date of the image, if there is no video image or if the current image is over one year old. 3. Any arrest by either agency for THEFT or DWI requires a standard 10 print card. C. For any prisoner booked by DEA or U.S. Marshal Service. 1. If no previous record is in the system, then the processing will be the same as III.B.2.a., except a US Marshal's 10 print card will be substituted for the FBI 10 print card. 2. If a previous record exists in the system, then processing will be the same as III.B.2.b., except a US Marshal's 10 print card will be substituted for the FBI 10 print card. D. Arrest by FBI or COUNTY/FEDERAL PARK POLICE 1. If no previous record exists in the system, then processing will be the same as in III.B.2.a., except an FBI 10 print card will be forwarded to the agency booking the prisoner. 2. If a previous record exists in the system, then processing will be the same as in III.B.2.b., except an FBI 10 print card will be forwarded to the agency booking the prisoner. E. The City will provide standardized fingerprint cards, as defined below and agreed on by the Police Chief and the Sheriff, to be used for the fingerprinting of all prisoners. 1. Standard 10 Print card - an 8x8 card requiring the rolled impressions of each finger present and include the core and delta of each fingerprint without any smudging. The card should also contain 7 the plain impressions and signatures of the person taking the prints and the subject being printed. 2. Standard Palmprint card - an 8x8 card requiring the rolled impressions of the subject's palms without any smudging and the signature of the person being printed. 3. Standard Strip Print card - an 8x8 specialty card requiring the rolled impressions of the subject's fingers without any smudging and the signature of the person taking the prints. F. Sheriff shall provide to the Corpus Christi Police Department: 1. A room or rooms with sufficient area for a desk, computer, terminal, file cabinets, fingerprinting, photography and video imaging. 2. One room for the Central Intake Identification Supervisor. 3. All rooms should be located in the secure area of the jail with a waiting area for prisoners. IV. Officer Interrogation Privileges The Sheriff will insure availability of prisoners to CCPD officers at all times, when there is no sufficient reason to delay availability, such as during prisoner meals, visiting hours, etc. CCPD officers will also be allowed temporary custody of prisoners after they have been booked for such purposes as accompanying officers to CCPD Criminal Investigation Division for investigative 8 purposes. CCPD will be held responsible for the custody of these prisoners during such time periods, including providing a meal if they are in CCPD custody during normal mealtimes at the County Jail. V. Responsibility for Safeguarding Prisoners and Personal Effects The County and the Sheriff shall be responsible for the care and custody of Class C misdemeanor prisoners and their property received from CCPD pursuant to the 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 Class C misdemeanor 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 if Sheriff with a report showing medical treatment given, or that the prisoner has refused treatment. VII. Medical Treatment for Class C Misdemeanor Prisoners When the Sheriff determines that a Class C misdemeanor prisoner needs medical attention which cannot be provided at the Jail, he shall notify the CCPD Liaison Officer. The Liaison Officer shall promptly cause a CCPD unit to be dispatched to transport the prisoner to the appropriate medical treatment facility. In the absence of the liaison officer, the CCPD dispatcher shall be notified. Provided, however, in cases of medical emergency, the Sheriff will immediately transport the prisoner or obtain necessary medical treatment without prior 9 notification to CCPD. 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 Class C misdemeanor prisoners transported to treatment facilities. VIII. Jail Liaison Officer During the first six (6) months after full consolidation of booking and housing of Class C Misdemeanor prisoners, the CCPD will provide a police officer, on-site, as a liaison, for eight hours per day at no cost to the County. This officer's primary responsibility will be to facilitate the changeover by resolving technical operational questions that may arise. Thereafter, a liaison officer shall continue to be available on a twenty-four hour basis by contacting the CCPD duty officer. IX. Magistration and Releases A. A Municipal Court Magistrate will conduct court line-up for Class C misdemeanor prisoners twice daily during weekdays, once in the morning and once in the afternoon, and once daily during weekends. The Sheriff is responsible for the delivery of all prisoners set for Municipal Court at the specified times. B. The Sheriff will be responsible for the collection of fines and cash bonds from Class C misdemeanor prisoners. Such collected fines will be deposited into appropriate Municipal Court accounts. Procedures for the collection 10 and depositing of these fines and cash bonds will be developed by the Sheriff and the Municipal Court Administrator. C. The Sheriff will make all authorized releases of City prisoners. X. Cost to the City for Booking/Housing prisoner The City will pay the County Two Hundred Seventy -Five Thousand Dollars ($275,000.00) per year for the housing and handling of City Class C Misdemeanor prisoners. XI. Payment The City agrees to pay the County in payments as follows: (TO BE NEGOTIATED) XII. Review of Cost Upon written demand of the County Judge, Sheriff or City Manager at least six months after consolidated operations commence, the County Judge, City Manager and Sheriff shall appoint two representatives to a committee to review the cost. 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 representatives appointed by the requesting party. The committee shall make written recommendations to the City, County and Sheriff within 30 days of its appointment as to increases or decreases, if justified, to the annual cost. 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, 11 staffing and equipment. A committee to review costs may not be demanded more often than once in any one year period. XIII. 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. XIV. Term 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 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 PO Box 9277 Corpus Christi, Texas 78469-9277 Attn: City Manager Nueces County 901 Leopard Street Corpus Christi, Texas 78401 Attn: County Judge 12 Nueces County Sheriff's Office 901 Leopard Street Corpus Christi, Texas 78401 Attn: Sheriff XV. 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 Juan Garza Robert N. Barnes City Manager County Judge 13 Armando Chapa Ernest Briones City Secretary County Clerk Henry C. Garrett James Hickey Chief of Police Sheriff Approved, as to Form: Ji Bray City ttorney 14 Carlos Valdez County Attorney Corpus Christi, Texas A9) day of , 19 The above resolution was passed by the following vote: Mary Rhodes (fir- Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik 066 0211E6