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HomeMy WebLinkAboutRes 1974-48 Authorizing Mayor & Clerk to Sign Agreement with PBC for Jail Facilities1 1 1 RESOLUTION NO. 48-74 A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO SIGN THAT CERTAIN AGREEMENT WITH THE PALM BEACH COUNTY SHERIFF'S OFFICE TO PROVIDE JAIL FACILITIES. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Mayor and the Village Clerk be, and they are hereby, authorized and directed to sign that cef'tain Agreement between the Village of North Palm Beach and the Palm Beach County Sheriff's Office to provide jail facilities, a copy of which is attached hereto, marked Exhibit A, and by reference made a part hereof. Section 2. The Village Clerk is hereby authorized and directed to affix the Village Seal thereto. Section 3. A copy of this Resolution, together with the executed Agreement, shall be sent forthwith to William R. Heidtman, Sheriff of Palm Beach County. Section 4. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED THIS 8 DAY OF AUGUST, 1974. ATTEST: /s/ Dolores R. Walker Village Clerk /s/ Walter N. Colbath. Jr. MAYOR AGREEMENT THIS AGREEMENT, entered into this 1st day.'of August 1974, between the Sheriff jif Palm Beach County, Florida, hereinafter referred to as Sheriff, and North Palm Beach , hereinafterreferred (Town or City 1 to as Municipality. WITNESSETH: WHEREAS, Sheriff operates the Palm Beach County Jail under his supervision and control; and WHEREAS, Municipality possesses police powers hut is without facilities to incarcerate its prisoners; and WHEREAS, Municipality is in need of facilities to detain said prisoners and desires the use of the said facilities of Sheriff; and WHEREAS, Sheriff is willing to make available the use of the facilities under his supervision and control under the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the mutu4l coven- ants and promises hereinafter set forth, and in c nsider- ation of the premises, it is agreed between the p rties as j follows: 1. Sheriff agrees to permit Municipality to' hold prisoners in the County Jail prior to filing eithr munici- pal or state charges for a period not to exceed 24 hours, and to use the County Jail facilities for prisoners who have been tried and sentenced to a jail term by the Munici- pal Court of Municipality. PROVIDED, HOWEVER, that in each (2) instance, Municipality agrees to provide Sheriff with a proper written authorization to either confine or hold such a prisoner, as well as proper written authorization to release such a prisoner. (a) it is understood and agreed that when a municipal prisoner has been held for 24 hours without being arraigned (in compliance with Section 3.130 Rules of Criminal Procedure) or without some other proper disposition being made of his case, Municipality will immediately, upon notice, remove said prisoner from the County Jail. In the event that any municipal prisoner is held over the said 24 hour period, under the above circumstances, and any civil litigation results thereby, Municipality agrees to indemnify and hold harmless the Sheriff as to any liability arising therefrom, as well as for any costs or expenses thereby incurred. 2. Municipality agrees to pay to Sheriff $5.00 per prisoner per clay, or portion thereof, for the use of the ' County Jail facilities as. hereinahove described in Para- graph 1. 3. Sheriff agrees that Municipality shall have the use of the County Jail facilities for the purpose of hold- ing and/or confining prisoners when such prisoners have been hooked in on a valid State Criminal Statute violation, misdemeanor or felony, and are hexing processed in a compe- tent court of criminal jurisdiction of Palm Reach County, Florida, and that there will he no per diem charge for such service under such circumstances. 4. Municipality agrees that in the event of sickness or injury to n municipal prisoner being held by Sheriff, (3) or -to a municipal prisoner serving a municipal jail sen- tence, while such prisoner is in the County Jail, Munici- pality shall pay any and all hospital and medical expenses incurred in the proper treatment of such prisoner, and that Municipality shall save and hold harmless the Sheriff for any such charges and expenses. 5. Municipality agrees that in the event of Injury or accident to a municipal prisoner, as aforesaid, and there results therefrom any civil litigation instituted by the said prisoner, his family or estate, then the munic- ipality will indemnify and hold harmless the Sheriff as to any liability arising therefrom, and will defend such suit as there may be. 6. Municipality agrees that in the event any municipal prisoner, during the time he is still in custody, must he placed somewhere other than the County Jail, such as, but not limited to, hospital confinement, then Municipality w;11, upon notice, furnish such security as is needed to guard said prisoner, and it is understood that should a circumstance arise wherein the Sheriff has provided such outside security, Municipality agrees to pay such ad- ditional costs for such security as there may be. 7. Sheriff reserves the right to refuse to accept any municipal prisoner who possesses physical disorders which are contagious, which might affect the general health of the County Jail inmates and personnel, or which require special care and treatment, such as, but not limited to, venereal disease, heart conditions, epilepsy and diabetes. • (4) 8. It is understood and agreed between the parties that thin Agreement may be terminated by either party upon fifteen} (15) clays written notice to the other party. ses: r Village Clerk 7442 S oriff, alm each Cou Florida Municipality •