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Home My WebLink About08-06 RESOLUTIONRESOLUTION NO, 08-06 A RESOLUTION ADOPTING AN AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS, AND WASHINGTON COUNTY, ARKANSAS FOR JAIL SERVICES 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 Amendment to the Interlocal Agreement between the City of Fayetteville, Arkansas, and Washington County, Arkansas, for jail services. A copy of the Amendment marked Exhibit "A" is attached hereto, and made a part hereof. PASSED and APPROVED this 3`d day of January, 2006. ;FAYETTEVILLE' C, OOA ATTEST: L 1'• F1LEF;, AMENDED INTERLOCAL 2006 JAY 17 PM 2: 27 THIS AGREEMENT, is made pursuant to A.C.A. §14-14-910, bj,"'di3 )1WWZ6&;.the County of Washington, Arkansas, (hereinafter referred to as the "County"), and the City of Fayetteville, Arkansas, (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, the parties entered into an Interlocal Agreement for jail services date October 19, 2004; and, WHEREAS, The parties desire to amend this agreement. NOW THEREFORE, IT IS AGREED: Section 1. (b) is hereby amended to read as follows: 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 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 prisoner shall not include juveniles; except as required by State law. Section 5. Is hereby amended to read as follows: 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 one (1) year term commencing on January 1, 2006 and ending on December 31, 2006, and annually thereafter. Said renewals shall be subject only to mutual agreement of the parties with the rate and payment set forth in Schedule A. The County further agrees to make jail space for City prisoners an operational priority annually. :n_490�19j / 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. 2. City will provide equipment for the 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. County will provide space for equipment, utilities for this equipment, and access for City Officers to run GC tests. 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 Sheriff to control the population of the jail pursuant to Ark. Code Ann. §12-41-503, County reserves the right to 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. 2. If a City prisoner needs emergency medical care prior to intake in the County jail, City shall insure that said care is provided. 4. RATE OF 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. Each party may examine the other's books and records to verify charges. If an examination reveals a dispute charge(s) the parties agree to resolve the dispute through paragraph 14. Administration; Dispute Resolution. If the dispute 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. Section 14. (a) is hereby amended to read as follows: 14. ADNIINISTRATION; DISPUTE RESOLUTION. 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 Police and the Mayor or designee. Said Board shall meet as needed to discuss pending issues and to resolve disputes if any. Schedule A is hereby amended to read as follows: SCHEDULE A The current cost of keeping a County Prisoner injail has been determined to be fifty dollars ($50.00) per day; however due to the fact the citizens of the City are paying one forth (1/4) 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 Forty-four dollars ($44) per booked prisoner. For the fust 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 fifteenth (15`h) day of each month. Beginning in January of 2006 and each year thereafter the cost will be based on the number of prisoners booked the preceding month. The per diem amount shall be adjusted to reflect increases in the actual cost based on the actual number of bookings for the preceding month. County shall provide detailed information to City to justify said costs, but in any event the rate per booking shall not be increased by more that ten percent (10%) per year. * Payments beginning in 2006 will be billed monthly. * Note: The ten percent (10%) increase for 2006 is reflected in this amended schedule. IN WITNESS WHEREOF, day of cTn. 2006 CITY OF DAN COODY, Mayor / DATE: f�� U Police Chief DATE: APPROVED as to form: HIT WILLIAMS, City Attorney DATE: J / C / 0 G the parties have hereunto set their hands and seals this rd W. COUNTY e PY I UNTON, County Judge DATE: /// ;" a (0, TIM HELDER, Sheriff DATE: oe� APPROVED as to form: GEO E, BUTLER, JR., County Attorney DATE: t� 0 T0' aye evi le ARKANSAS The City of Fayetteville, Arkansas City Council Agenda Memo City Council Meetini Date: January 3, 2006 To: Mayor Coody and members of the (City Council From: Frank Johnson, Chief of Police Date: December 18, 2005 Subjects Amend Interlocal Agreement for Jail Services Recommendation: ID �? o4 VA154"� �jsww� 1.n� Dca--i City Council adopts by resolution the amendment to the Interlocal Agreement for jail services between the City of Fayetteville and Washington County. Background: The Fayetteville City Jail closed on June 20, 2005. Since that time Washington County has provided jail services at a cost of $26,667.00 per month. Discussion: This amendment increases the booking fee from $40.00 to $44.00 per arrest, limits juvenile booking to only the charges that are required by Arkansas state law to be fingerprinted and payment will be on the actual number of bookings for the previous month and other minor procedural changes. Budget Impact: The 2006 budget contains $320,000 to cover the City's cost for booking and maintaining City detainees, which is projected to be sufficient to cover the costs. 113 WEST MOUNTAIN 72701 479-575-8330 479-575-8257 (Fa )