CITY COUNCIL: Resolution Authorizing Carmel Police Department to Renew Jail Services Agreement with the City of Monterey

Meeting Date: January 4, 2011
Prepared by: Interim Chief Michael Calhoun

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing the Carmel Police Department to renew the Jail Services agreement with the City of Monterey for use of its jail facilities.

Description: The cities of Carmel-by-the-Sea and Monterey have a mutual interest in renewing a cooperative arrangement for the efficient, expedient and safe method of housing prisoners in the Monterey City Jail. The purpose of this agreement is to establish procedures and to set forth the respective rights, liabilities, duties and responsibilities of the parties to this agreement with respect to how prisoners will be incarcerated and released.

The contract for using the Monterey City Jail was signed by the Chief of Police; however, any contract not approved through the formal process as required under Government Code 40602 is void and unenforceable. California Government Code Section 40602 provides the method by which a General Law city can enter into a contract.

Overall Cost: Funds were allocated in the FY 2010-11 budget.

Staff Recommendation: Adopt the Resolution. The City Attorney has reviewed the form and content of the contract.

Important Considerations: The Carmel Police Department has an existing Jail Services contract with the City of Pacific Grove, which is the preferred choice when housing prisoners. The City of Monterey’s jail facilities would serve as an alternative when the Pacific Grove jail is unavailable.

Decision Record: None

Reviewed by:

______________________________ _________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CARMEL POLICE DEPARTMENT TO RENEW THE JAIL SERVICES AGREEMENT WITH THE CITY OF MONTEREY FOR USE OF ITS JAIL FACILITIES
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WHEREAS, the City of Carmel-by-the-Sea desires to contract with the City of Monterey for use of its jail facilities; and,

WHEREAS, the City of Monterey desires to contract with the City of Carmel-by-the-Sea to provide use of its jail facilities, including all necessary personnel for the purposes of holding prisoners, as defined in the mutual agreement for jail services.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:

1. Authorize the Chief of Police to renew the Jail Services contract with the City of Monterey for use of its jail facility services.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 4th day of January, 2011 by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED:

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SUE McCLOUD, MAYOR

ATTEST:

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Heidi Burch, City Clerk