1974-48 Authorizing Mayor & Clerk to Sign Agreement with PBC for Jail Facilities.- .,
RESOLUTION N0. 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 S}{ERIFF'S
OFFICF, 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.
/s/ Walter N. Colbath, Jr.
MAYOR
ATTEST:
/s/ Dolores R. Walker
Village Clerk
'_~W
A G R F, E M F N T
T}fIS AGREEMENT, entered into this 1st day.'of
August 1974, between the Sheriff ~f Palm
- .,
Beach County, Florida, hereinafter referred to as Sheriff,
and North Palm Beach hereinafter'!referred
(Town or City 1
to as punicipality.
WITNF.SSETI}:
W}fERF;AS, Sheriff operates the Palm Beach County Jail
under his supervision and control.; and
WHERF,AS, hhmicipality possesses police powers but is
without facilities to incarcerate its prisoners; and
[4Hi;RF,AS, Municipality is in need off' 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 TI[ER£.}'ORF., in consideration of the mutu~l coven-
mrts and promises hereinafter set forth, and in c~nsider-
anon of the premises, it is agreed between the p.rties as
• I
fol.l orvs :
1. Sheriff agrees to permit Municipality to hold
prisoners in the County Jail prior to filing eith~r munici-
pal or state charges for a period not to exceed 24 hours,
and to use the County Jail facilities fbr prisoners who
have been triad and sentenced to a jail term by •;he Munici-
pal Court of Municipality. PROVIDF,D, HOWEVER, tF~at 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) Tt is understood and agreed that when a municipal
prisoner has been held for 2~I hours withor.it being arraigned
(in compliance with Section 3.1.30 Rules of Criminal Procedure)
or with rnrt some other proper disposition he_ing made of his
case, Municipality will. immediately, anon notice, remove
said prisoner from the County Jail. In the went that any
municipal. prisoner is held over the said 24 hour period,
under the above circumstances, and any cavil litigation
results thereby, Municipality agrees to indemnify and hold
harmless the Sheriff as to any li.abil.ity arising therefrom,
as well as for any costs or expenses thereby incurred.
2. hiunicipal:ity agrees to pay to Sheriff $5.00 per
prisoner per clay, or portion thereof, for the use of the
County .iai.l facilities as. hereinabove described in Para-
graph 1,
3. Sheriff agrees that Municipality shall have the
nse of the County Jail facilities for the purpose of hold-
ing anH%or confining prisoners when such prisoners have
been hooked in on a valid State Criminal Statute violation,
misdemeanor or fol.ony, and are being`processed in a compe-
tent court of criminal. jurisdiction of Palm peach County,
Florida, and that- these will be no per diem charge for
such service under such circumstances.
r4. Municipality agrees that ~n the event of sickness
or injury to a municipal priSOner being held by Sheriff,
.. .
(3)
or to a municipal. prisoner serving a municipal fail sen-
tence, while such prisoner is in the County ,Tail, 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, hi.s family or estate, then the munic-
iPaii-ty will,indemniPy and hotri harmless the Sheriff as to
any l.iahi.lity arising! therefrom, and tvil]. defend such suit
as there may be.
Fi. 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
will., 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, Munictpality agrees to pay such ad-
ditional costs for such security as there may be.
7. Sheriff reserves the ri-~;ht to refuse to accept any
municipal. prisoner who possesses physical disorders cvhich
are contagious, which mic*ht affect the general health of
the County Jail inmates and personnel, or which require
special care and treatment, such as, but not limited to,
vcnoreal disease, heart conditions, epilepsy and diabetes.
.. ..
(~t)
8. It is understood and agreed between the parties
that thir, Agreement may Ue terminated by either party upon
fiftee (15) clays written notice to the other party.
Fli.in .•ses:.
S ua,iff, alm each County, Florida
n i
~/~ ~e~~ `~~ S -
Pb.in'i e ipal ity
Village Clerk