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
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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
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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
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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
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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
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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
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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,
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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
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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
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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