HomeMy WebLinkAbout83-05 RESOLUTION• •
RESOLUTION NO. 83-05
A RESOLUTION ADOPTING AN ADDENDUM TO THE
INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN THE
CITY OF FAYETTEVILLE, ARKANSAS, AND WASHINGTON
COUNTY, ARKANSAS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
adopts an Addendum to the Interlocal Agreement for Jail Services entered into by the
City of Fayetteville, Arkansas, and Washington County, Arkansas on October 19, 2004.
A copy of the Addendum, marked Exhibit "A" is attached hereto, and made a part hereof.
PASSED and APPROVED this 19th day of April 2005.
_U�Cs Ose's-PS APPROVE
•:FAYETTEVILLE: E
By
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ATTEST:
By: at
SONDRA SMITH, City lerk
D
N COODY, Mayor
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Kann \ batServimsFayetteviIieAddendiun4oc 03/29/05 Adopted by Quorum Cort 04/14¢05
Ordinance No. 2005-13
ADDENDUM TO INTERLOCAL AGREEMENT
FOR JAIL SERVICES
This Addendum to the Interlocal Agreement of the 19th day of October, 2004,
is made and entered into by and between the CITY OF FAYETTEVILLE,
ARKANSAS, hereinafter called the City, and WASHINGTON COUNTY,
ARKANSAS hereinafter called the County, WITNESSETH
IN CONSIDERATION of mutual promises of the parties contained in the
Interlocal Agreement of the 19th day of October, 2004, the parties further agree as
follows:
1. This Addendum to the Interlocal Agreement of the 19th day of October,
2004, shall remain in full force and effect concurrently with said
Agreement and shall expire with it.
2. In addition to the payments set forth in Section 4 of the above -
referenced Interlocal Agreement, this Addendum provides for the
transfer from the City to the County of the following equipment:
Equipment Estimated value
Data Master - Machine #1 serial #881155 and city #01852 $600.00
Machine #2 serial #200067 and no city number $3,000.00
Repco Simulator - Simulator #1 serial #1354 $100.00
Simulator #2 serial #1357 $100.00
Wooden Cabinets - Data Master cabinets $600.00
Fifteen (15) 78 -inch body chain handcuffs $870.00
Fifteen (15) Smith & Wesson Model 1900 Leg irons $584.00
Emergency Restraint Chair $1,312.00
Total: $7.166.00
3. The parties agree and understand that this Addendum is supplemental
to the Interlocal Agreement of the 19th day of October, 2004, and that it
does not alter, amend or abridge any of the rights, obligations, or
duties of the parties not expressly addressed herein
•
FAYETTEVILLE
THE CRY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
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TO: Mayor Dan Coody and Members of the City Council
FROM: Frank Johnson, Chief of Police I
DATE: 3/29/2005
RE:
Request Council approval of Addendum to Interlocal Agreement for jail
services
Recommendation:
The council should approve the Addendum to Interlocal Agreement for jail services
entered into the 19°' day of October 2004.
Background:
The 19ih day of October 2004 the CITY OF FAYETTEVILLE, ARKANSAS and
WASHINGTON COUNTY, ARKANSAS have previously entered into an Interlocal
Agreement for jail services. This Addendum details the equipment to be transferred from the
CITY to the COUNTY. This equipment is provided due to the increased number of inmates as
well as equipment that only has use in detention facilities.
Discussion:
Attached is a copy of the Addendum to Interlocal Agreement for Jail Services.
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RESOLUTION NO.
•
A RESOLUTION ADOPTING AN ADDENDUM TO THE
INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN
THE CITY OF FAYETTEVILLE, ARKANSAS, AND
WASHINGTON COUNTY, ARKANSAS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Sect -ion 1. That the City Council of the City of Fayetteville, Arkansa
hereby adopts an Addendum to the Interlocal Agreement for Jail Se
entered into by the City of Fayetteville, Arkansas, and Washingto
Arkansas on October 19, 2004. A copy of the Addendum, ma :! — ibi" A" is
attached hereto, and made a part hereof.
PASSED and APPROVED this 19th d of April
By:
SO.
ity Clerk
OODY, Mayor
ADDENDUM TO INTERLOCAL AGREEMENT
FOR JAIL SERVICES
This Addendum to the Interlocal Agreement of the 19th day of October, 2004,
is made and entered into by and between the CITY OF FAYE1TEVILLE,
ARKANSAS, hereinafter called the City, and WASHINGTON COUNTY,
ARKANSAS hereinafter called the County, WITNESSETH:
IN CONSIDERATION of mutual promises of the parties contained in the
Interlocal Agreement of the 19th day of October, 2004, the parties further agree as
follows:
This Addendum to the Interlocal Agreement of the 19th day of October,
2004, shall remain in full force and effect concurrently with said
Agreement and shall expire with it.
In addition to the payments set forth in Section 4 of the above -
referenced Interlocal Agreement, this Addendum provides for the
transfer from the City to the County of the following equipment :
Equipment Estimated value
Data Master - Machine #1 serial #881155 and city #01852 $600.00
Machine #2 serial #200067 and no city number $3,000.00
Repco Simulator - Simulator #1 serial #1354 $100.00
Simulator #2 serial #1357 $100.00
Wooden Cabinets - Data Master cabinets $600.00
Fifteen (15) 78 -inch body chain handcuffs $870.00
Fifteen (15) Smith & Wesson Model 1900 Leg irons $584.00
Emergency Restraint Chair $1312.00
Total • $7,166.00
3. The parties agree and understand that this Addendum is supplemental
to the Interlocal Agreement of the 19th day of October, 2004, and that it
docs not alter, amend or abridge any of the rights, obligations, or
duties of the parties not expressly addressed herein.
• •
INTERLOCAL AGREEMENT
FOR JAIL SERVICES
THIS INTERLOCAL AGREEMENT FOR JAIL SERVICES ("Agreement") is made and
entered into by and between WASHINGTON COUNTY, ARKANSAS (County") and the CITY
OF FAYETTEVILLE, ARKANSAS ("City").
WHEREAS, Ark. Code Ann. §14-14-910 and §12-41-506 authorize counties and cities to
enter into contracts for Jail services that specify the responsibilities of each party; and,
WHEREAS, County will soon have a new Jail facility, and City desires to enter into this
agreement to utilize said facility and close it's current facility;
NOW, THEREFORE, in consideration of the mutual covenants, conditions•and promises
contained herein, County and City mutually agree as follows:
I. DEFINITIONS. Unless the context clearly shows another usage is intended, the
following terms shall have the following meanings in this Agreement:
a. County Jail means a place owned and operated by County primarily
designed, staffed and used for the housing of adults charged with a
criminal offense; for the incarceration of offenders after conviction of a
criminal defense; or for confinement and/or holding during a criminal
investigation, or a civil detention to enforce a court order. As of the date
of the execution of this Agreement, this Jail is located at 1155 Clydesdale
Dr., Fayetteville, AR 72701.
b. City prisoner means a person arrested by City Police and held and
confined in the County Jail (either pre- or post -trial) pursuant to a
violation of a City ordinance or a violation of a state law, which designates
the crime for which the person is held to be a misdemeanor. The term
City prisoner shall not include a person arrested for a felony offense by
City Police, a person arrested on a warrant issued by another Jurisdiction
or for charges initiated by a non -City Police officer, or a person charged
by the County Prosecutor with a felony or an attempt to commit a felony,
even if there is a plea to or a conviction of a lessor offense. A City
pnsoner shall not include Juveniles.
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2. JAIL AND HEALTH SERVICES.
a. For prisoners accepted under this Agreement, County shall accept City
prisoners and furnish jail facilities, booking, custodial services, medical
services, and personnel for the confinement of City prisoners equal to
those County provides for the confinement of its own prisoners.
b. City will provide equipment for video arraignment and County will
provide space, which will allow connectivity for the video arraignment
equipment. County agrees to arrange for City prisoners to be arraigned
through this video arraignment system.
c. City will provide GC Equipment and County will provide space for
equipment, utilities for this equipment, and access for City Officers to run
GC tests.
3. ACCEPTANCE OF PRISONERS.
a. City understands that County will accept prisoners on a nonexclusive basis
under this Agreement. City recognizes the statutory power of the Shenff
to control the population of the jail pursuant to Ark Code Ann. §12-41-
503, County reserves the right to reserve space in the jail for its anticipated
prisoner needs and may require the removal of City prisoners to
accommodate County prisoners. If City prisoners are to be displaced and
must be removed from the jail, County agrees to notify City.
b. If a City prisoner needs emergency medical care prior to being booked in
the County jail, City shall insure that said care is provided prior to the
prisoner being booked into the County jail.
RATE AND PAYMENT. (See Schedule A). City shall pay County at a rate as
set out in Schedule A attached hereto. Said rates shall be adjusted by mutual
agreement at the beginning of each new calendar year based on data from the
previous years.
a. Each party may examine the other's books and records to verify charges.
If an examination reveals a disputed charge(s) the parties agree to resolve
the dispute through paragraph 14. Administration; Dispute Resolution. If
the disputed charge is determined to have been inappropriate, an
adjustment shall be applied to the next year's statement, or if the
Agreement has terminated, by an appropriate payment from one to the
other. The parties agree to meet at least once each year to examine and
review charges for the previous year. The parties shall document the
annual reconciliation of charges for the previous year and closing the
books on an annual basis.
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5. DURATION. The initial term of this Agreement shall commence upon execution
by both parties and shall expire on December 31, 2005. City shall have an option
to renew this Agreement for a three-year term commencing on January 1, 2006
and ending on December 31, , and a second renewal for a four-year term,
commencing on January 1, and ending on December 31, . Said
renewals shall be subject only to mutual agreement of the parties with the rate and
payment set forth in Schedule A. The City further agrees to make funding this
Agreement a budget priority annually and the County agrees to make jail space
for City prisoners an operational priority annually.
6. RECORD KEEPING (BOOKING). County agrees to maintain a system of
record keeping relative to the booking and confinement of each City prisoner in
such style and manner as equivalent to County's records pertaining to its own
pnsoners. Such records shall include, but not be limited to, the following
information: defendant's name, charge, booking date, release date, and manner of
release (i.e. personal recognizance, bond, cash bail). Along with billing
statements, County shall submit to City or its authorized representative's copies of
said records.
7. BOOKING PROCEDURE. Prisoners will be booked by County according to
procedures and polices of County by completing for each such prisoner an
appropriate booking sheet with a copy to be provided to City, if requested.
Personal property will be held by County in the same manner as for its own
prisoners.
8. RELEASE OF CITY PRISONERS FROM THE COUNTY JAIL. No City
prisoner confined in the County jail subject to this Agreement shall be released
except:
I. a. When requested by a member of City Police Department;
b. In compliance with orders of the court in those matters in which
the courts have jurisdiction;
c. For appearance in court;
d. If the prisoner has served his or her sentence or the charge pending
against the prisoner has been dismissed; or
As determined by the Washington County Sheriff or his designee
as part of a plan to reduce prisoner population as a result of facility
overcrowding; or if otherwise provided herein.
II. Where in the discretion of the Washington County Shenff or his designee
such release is warranted, County shall notify City Police of such event as
soon as possible.
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9. ALTERNATIVE/PARTIAL CONFINEMENT. City prisoners shall be
considered for County's alternative and partial confinement programs on an equal
basis with County's prisoners and subject to the same rules and regulations, as
well as potential sanctions, for program rule violations. City shall have access to
all alternative sentencing options which are available now and which may become
available in the future. Prisoner participation in such programs may be limited to
an operational capacity as identified by County. Alternative and partial
confinement programs shall include, but not limited to, work release and work
crew and good time as determined by the Sheriff.
10. ACCESS TO CITY PRISONERS. All city police officers, investigators,
interpreters, mental health professionals, the prosecuting attorney and the
prisoner's counselor or assigned counsel shall have the right to interview the
prisoner inside the confines of the County jail, subject only to necessary security
rules. Interview rooms will be made available to City Police and others in equal
priority with those made available for County prisoners.
11. OPERATION OF JAIL. County agrees to operate the jail to current
professional standards and practices in accordance with all state and federal
standards, whether set by constitution, statute, or regulation. City prisoners shall
receive equal treatment to that supplied to County's own prisoners.
12. LIABILITY; RISK MANAGEMENT. It is agreed and understood that both
parties have tort immunity, which remains preserved, and are both participants in
Risk Management programs to protect them from certain types of Federal and
State Civil Rights causes of action. Each party shall maintain sufficient coverage
to protect each in the event both or one of them is sued.
13. TERMINATION OF AGREEMENT - In Accordance with Ark. Code Ann.
§14-14-910. City shall provide written notice of its intent to terminate this
Agreement without cause not less than six (6) months prior to expiration of this
Agreement. County shall provide written notice of its intent to terminate this
Agreement not less than six (6) months prior to expiration of this Agreement (or
any renewal thereof). In the event of termination of this Agreement (or any
extension thereof), the parties will work cooperatively to ensure the orderly
transition of prisoners from the County jail to the new facility.
14. ADMINISTRATION; DISPUTE RESOLUTION.
a. Pursuant to Ark. Code Ann. §14-14-901, a joint board is hereby created to
administer this Agreement. The Board shall consist of the Sheriff, the
County Judge or designee, the Chief of Police, and the Mayor or designee.
Said Board shall meet no less than quarterly to discuss pending issues and
to resolve disputes if any.
b. It is the parties' intent to resolve any disputes relating to the interpretation
or application of this Agreement informally through discussion. If they
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reach no resolution within thirty (30) days, the parties agree to submit the
dispute to nonbinding mediation/dispute resolution.
15. WAIVER. No waiver of any right under this Agreement shall be effective unless
made in writing by the authorized representative of the party to be bound thereby.
Failure to insist upon full performance on any one or several occasions does not
constitute consent to or waiver of any later nonperformance.
16. ASSIGNMENT. Neither this Agreement nor any interest herein or claim
hereunder shall be assigned or transferred, in whole or in part, by either County or
City to any other person or entity without the prior written consent of the other
party. In the event that such prior written consent to an assignment is granted, the
assignee shall assume all duties, obligations and liabilities of its assignor stated in
this Agreement.
17. INDEPENDENT CONTRACTOR. Each party to this Agreement is an
independent contractor with respect to the subject matter herein. Nothing in this
Agreement shall make any employee of County and employee of City, and vice
versa, for any purpose, including, but not limited to, for withholding of taxes,
payment of benefits, worker's compensation, or any other rights or privileges
according to either's employees by virtue of their employment. At all times
pertinent hereto, employees of County are acting as County employees and
employees of City are acting as City employees.
18. PARTIAL INVALIDITY. Whenever possible, each provision of this
Agreement shall be interpreted in such a manner as to be effective and valid under
applicable law. Any provisions of this Agreement, which shall prove to be
invalid, void or illegal shall in no way affect, impair or invalidate any other
provisions hereof, and such other provisions shall remain in full force and effect.
19. ASSIGNABILITY. The rights, duties and obligations of either party to this
Agreement may not be assigned to any third party without the prior written
consent of the other party, which consent shall not be unreasonably withheld.
20. NO THIRD -PARTY RIGHTS. Except as expressly provided herein, nothing in
this Agreement shall be construed to permit anyone other than the parties hereto
and their successors and assigns to rely upon the covenants and agreements herein
contained nor to give any such third party a cause of action (as a third party
beneficiary or otherwise) on account of any nonperformance hereunder.
21. ENTIRE AGREEMENT. This Agreement constitutes the entirc agreement
between the parties hereto and no other agreements, oral or otherwise, regarding
the subject matter of this Agreement shall be deemed to exist or bind any of the
parties hereto. Either party may request changes in the Agreement Proposed
changes that are mutually agreed upon shall be incorporated by written
amendment hereto.
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22. SEVERABILITY. If any portion of this Agreement is changed per mutual
agreement, or any portion is held invalid, the remainder of the Agreement shall
remain in full force and effect.
23. INTEGRATION. This written Agreement constitutes the complete and final
agreement between the parties. There are no other oral or wntten agreements
between the parties as to the subjects covered by this Agreement No changes or
additions to this Agreement shall be valid or binding upon either party unless such
change or addition be in writing and executed by both parties.
24. NOTICES AND ADMINISTRATOR. Unless stated otherwise herein, all
notices and demands shall be in writing and sent or hand -delivered to the parties
at their addresses as follows:
TO: CITY OF FAYETTEVILLE
Mayor of Fayetteville
City Hall
113 W. Mountain
Fayetteville, AR 72701
TO: WASHINGTON COUNTY
County Judge
Washington County Courthouse
280 N. College Ave., Suite 500
Fayetteville, AR 72701
Fayetteville Police Chief
100-A W Rock Street
Fayetteville, AR 72701
Washington County Sheriff
1155 Clydesdale Dr.
Fayetteville, AR 72701
25. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Arkansas as they now read or are
hereafter amended.
26. APPROVAL AND FILING. Each party shall approve this Agreement by
resolution, ordinance, or otherwise pursuant to the laws of the governing body of
said party.
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SCHEDULE A
The current cost of keeping a county prisoner in jail has been
determined to be $50 per day; however due to the fact the citizens of
the City are paying '/ cent sales tax and due to the long and on-
going history of sharing resources between the Sheriff and City
Police, the County shall charge the City $40 per booked prisoner.
For the first year, the costs will be calculated using projections made
by the City based on 2004 booking figures. The amount paid by the
City will be pro -rated based on the day the County begins accepting
prisoners. Equal monthly payments based on the pro -rated amount
will be due on the 15th of each month.
Beginning January 1 of 2006 and each year thereafter the cost will
be based on the number of prisoners booked the previous year
(October 151 through September 30th; e.g. October 2004 through
September 2005). The per diem amount shall be adjusted to reflect
increases in the actual cost and shall also be adjusted to reflect the
actual prisoners booked in the previous year. County shall provide
detailed information to City to justify said costs, but in any event the
per booking rate shall not be increased by more than 10% per year.
Payments beginning in 2006 will be in twelve equal monthly
payments due on the 15th of each month.
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Frank Johnson
Submitted By
•
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
19 -Apr -05
City Council Meeting Date
Division
Action Required:
•
Police
Department
Request Council approval of Addendum to Interlocal Agreement for jail services.
N/A
Cost of this request
N/A
Account Number
N/A
Project Number
Budgeted Item
N/A
Category/Project Budget
N/A
Funds Used to Date
N/A
Remaining Balance
Budget Adjustment Attached
N/A
Program Category / Project Name
N/A
Program / Project Category Name
N/A
Fund Name
Anni,GL__ 3 2 K
Dep rtment Direct D e
� 3l
City Attorn y
Finance and Service Director
Mayor
I21/oS
Date
yka
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Comments:
•
JERRY HUNTON
County Judge
REC$%/ED
APR 2 5 2005
CITY OF FAYETTEVILLE
MAYOR'S OFFICE 280 North College. Suite 500
Faycncv-illc. AR 72701
i SEIr1G'7'()\ COUNTY, ARKANSAS
County Courthouse
April 21, 2005
Mayor Dar. Coody
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
RE Interlocal Agreement between Washington County and
the City of Fayetteville Concerning Jail Services.
Dear Mayor:
The Washington County Quorum Court adopted Ordinance No. 2005-13 authorizing the
County Judge to enter into an addendum to the interlocal agreement with the City of
Fayetteville regarding jail services Enclosed are two copies of the addendum that have
been signed by the County Judge, County Sheriff, and County Attorney.
After the City Council has adopted a similar ordinance, please sign both copies of the
addendum, along with City Attorney Kit Williams and Police Chief Frank Johnson.
Once all signatures have been obtained, return one agreement back to me along with a
copy of the Council's adopted ordinance. I have enclosed a self-addressed envelope for
your use. The other copy is for your records.
Feel free to contact me if you have any questions.
Sincerely,
di,./7SAJ
Karn M. Beeks
Quorum Court Coordinator/Recorder
County Judge's Office
/kb
Encls (2)
Telephone 479 /444.1 700 • FAX 479 / 444-
i •
IN WITNESS WHEREOF, the parties have executed this Addendum on
this day of �ri 2005.
CITY OF FAYETTEVILLE
141 i
DAN COODY, MAYOR '
WASHINGTON COUNTY
HU ON, COUNTY JUDGE
N, POLICE CHIEF TIM HELDER, COUNTY SHERIFF
APPROVED as to form:
APPROVED as to form:
KIT WILLI , CITY ATTORNEY E BUTLER
COUNTY ATTORNEY
CITY ATTORNEY
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IN WITNESS WHEREOF, the parties have executed this Addendum on
this clay of 2005.
CITY OF FAYETTEVILLE WASHINGTON COUNTY
MAYOR COUNTY JUDGE
CHIEF OF POLICE SHERIFF
APPROVED as to form. APPROVED as to form.
hCITY/AIS ORNEY COUNTY ATTORNEY
*
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this /f,'%
day of ooh Leer 2004.
CITY OF FAYE 11'hVILLE
By
c
1
F OF PO CE
DATE: !d///O y
WASHINGTON COUNTY
BY r
JUDGE
DATE: ,P IZ'
By
SHERIFF
DATE/%'/7 0t
APPROVED as term: APPROVED/akto qrm:
CITY ATTORNRY
DATE: le -2r-6(-1
COUNTY ATTORNEY
DATE: \\ — \ ^ �U
7
Clarice Pearman - Re: Addendum to Interls/Agreement
From: Clarice Pearman
To: Johnson, Frank
Subject: Re: Addendum to Interlocal Agreement
Chief, would you please come by the city clerk's office and sign the agreement passed by the City Council
April 19th. After you sign I can get the mayor to sign. Thanks.
Clarice
Page 1
f
Clarice Pearman - Res. 83-05 Page 1
From: Clarice Pearman
To: Johnson, Frank
Subject: Res. 83-05
Chief,
Attached is a copy of the resolution passed by the City Council April 19, 2005 regarding the addendum for
jail services. I have mailed to Karen Beeks one of two originals of the agreement.
Thanks.
Clarice