HomeMy WebLinkAboutO-2011-3329 City of Shoreacres/city jail services agreementI �m
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 3-28-11
Requested By: Ken Adcox
Department: Police Deportment
Report: Resolution: Ordinance: X
Exhibits: Proposed Ordinance
Exhibits: Agreement with City of Shoreacres re: Jail
Exhibits:
Appropriation
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
Consider approval of an ordinance approving an agreement between the City of Shoreacres and the City of La Porte
for City jail services. This agreement allows La Porte to charge reasonable and customary charges and fees for
services provided. In consideration for the Jail Services provided by the City of La Porte, the City of Shoreacres
will pay a monthly service fee of $1,245.37. The ordinance will be in effect for the term of three years (April 1,
2011 through March 31, 2014), with a cancellation clause allowing either party to withdraw from the contract upon
sixty (60) days written notice to the other party.
Action Required by Council:
Council approve Ordinance approving the agreement between the City of La Porte and the City of
Vs for City jail services.
Ron Bottoms, City Manager
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Date
2011- 339-9
ORDINANCE NO. +
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF LA PORTE, TEXAS AND THE CITY OF
SHOREACRES, TEXAS TO PROVIDE JAIL SERVICES, MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract,
agreement, or other undertaking described in the title of this ordinance, in substantially
the form as shown in the document which is attached hereto and incorporated herein by
this reference. The City Manager is hereby authorized to execute such document and all
related documents on behalf of the City of La Porte, Texas. The City Secretary is hereby
authorized to attest to all such signatures and to affix the seal of the City to all such
documents.
Section Z. The City Council officially finds, determines, recites, and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
City Council was posted at a place convenient to the public at the City Hall of the City
for the time required by law preceding this meeting, as required by the Open Meetings
Law, Chapter 551, Texas Government Code; and that this meeting has been open to the
public as required by law at all times during which this ordinance and the subject matter
thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents posting
thereof.
ORDINANCE NO. 3O
Section 3. This Ordinance shall be effective from and after its passage and
approval, and it is so ordered.
PASSED AND APPROVED, this 28th day of March, 2011.
CITY OF LA PORTE, TEXAS
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ATTEST:
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Patrice Fogarty
City Secretary
APPROVED:
Clark T. Askins
Assistant City Attorney
AGREEMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement made and entered into by and between the CITY OF LA PORTE, a
municipal corporation of Harris County, Texas hereinafter referred to as "LA PORTE" and the
CITY OF SHOREACRES, a municipal corporation of Harris County, Texas, hereinafter referred
to as "CITY",
WITNESSETH
WHEREAS, CITY is in need of certain governmental services for the benefit of the
people and property within its city limits, and
WHEREAS, LA PORTE is able and willing to provide said governmental services to
CITY, upon the terms, conditions, and covenants herein contained:
NOW, THEREFORE, PURSUANT TO THE AUTHORITY GRANTED BY Chapter
791, "Interlocal Cooperation Contracts", Texas Government Code, and in consideration of the
mutual covenants, agreements, and benefits to both cities, it is hereby agreed as follows:
A. GENERAL PROVISIONS
I.
For and during the three years beginning on the 1st day of April, 2011, and ending on the
31 st day of March, 2014, LA PORTE agrees to furnish CITY Jail Services as hereinafter more
specifically described. This agreement supersedes any prior agreement between the parties on the
subject matter hereof.
II.
For and in consideration of the Jail Services to be provided by LA PORTE to CITY,
CITY agrees to pay LA PORTE a Monthly service fee of $1,245.37.
III.
LA PORTE will not be liable for loss or damage to person or property arising from,
caused by, or resulting from any alleged act or omission, including negligence, of LA PORTE,
its officers or employees or volunteers in carrying out the terms of this agreement. CITY agrees
to indemnify, and save and hold LA PORTE harmless, from any such claim for loss or damage
by itself, or by any person, firm, corporation, or association, in connection with this agreement.
IV.
Either party to this agreement may cancel by giving sixty (60) days written notice to the
other party. Such notice will be effective as of midnight of the last day of the expiration of such
sixty (60) days notice.
V.
CITY personnel shall abide by all LA PORTE rules, regulations, and policies, as they
now exist, or may be amended hereafter, relating to the services rendered including the use of
facilities made available to the CITY under the terms of this agreement.
VI.
LA PORTE agrees to allow CITY to temporarily confine persons arrested by CITY'S law
enforcement officers in the LA PORTE City Jail until such time as they can be properly released
or conveniently moved by officers of the City of Shoreacres to the Harris County Jail.
VII.
CITY agrees to keep certifications current of all law enforcement officers, required by the
Texas Commission on Law Enforcement standards and education or other appropriate regulatory
authority having jurisdiction, and shall provide copies of same to LA PORTE, if so requested.
VIII.
CITY will be solely responsible for all medical care for, and all transportation of
arrestees brought -to and/or being taken from the LA PORTE jail. In addition, CITY shall be
solely responsible for the security of the arrestee during said transportation.
IX.
LA PORTE may suspend service and may refuse to accept an arrestee from CITY, in its
sole discretion.
X.
CITY will be solely responsible for providing appropriate magistrate services for
arrestees brought to the LA PORTE jail by officers of the City of Shoreacres.
WITNESS OUR HANDS and the seals of our respective Cities, effective as of the 1st
day of April, 2011.
PASSED AND APPROVED by the City Council of the City of SHOREACRES, by its
Ordinance No. 2011-91,on the 7th day of March, 2011.
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ATTEST: ..
David Stall, C* Secretary
CITY OF SHOREACRES
By: P �.�
Mayor bolly Arons
PASSED AND APPROVED by the City Council of the City of La Porte, by its
Ordinance No. ,33,? q , on the oQ Sl day of L/-'1 &1i -ch , 2011.
ITY F L O T
By:
Ron ttoms
City Manager
ATTEST:
City Secretary
APPROVED:
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City Attorney