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HomeMy WebLinkAbout85-21 RESOLUTIONe, in F,NF L ARCHIVEL �NN�NSL�' 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 85-21 File Number: 2021-0136 2021 WASHINGTON COUNTY JAIL SERVICES: A RESOLUTION TO APPROVE THE PER CAPITA JAIL FEE AGREEMENT WITH WASHINGTON COUNTY FOR JAIL SERVICES IN 2021 IN THE AMOUNT OF $91,553.45 WHEREAS, the City of Fayetteville and Washington County entered into an Interlocal Agreement for Jail Services on October 19, 2004, and the City paid a set booking fee per booked prisoner through 2019; and WHEREAS, on September 19, 2019, the Washington County Quorum Court passed an ordinance changing the one-time booking fee to a dailyjail fee of $63.12 per prisoner per day for all charges which has the potential to significantly multiply the City's annual payment forjail services; and WHEREAS, Washington County has developed an alternative per capitajail fee based on thejail's projected budget shortfall and population estimates for municipalities; and WHEREAS, Chief Reynolds recommends approval ofan agreement with Washington County that provides for payment of the per capita fee rather than the daily fee for keeping City of Fayetteville prisoners. NOW, THEREFORE, 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 authorizes Mayor Jordan to sign the Per Capita Jail Fee Agreement with Washington County for jail services in 2021 in the total amount of $91,553.45. A copy of the Agreement is attached to this Resolution and made a part hereof. Page 1 Printed on 3117/21 Resolution: 85-21 File Number 2021-0136 PASSED and APPROVED on 3/16/2021 Attest: EIf If If Itp, RK / TRF `��,G . GAT Y 0 9J'G A AYEiTEVILLE Kara Paxton, City Clerk Treasurer' z ; � I iONt Page 2 Printed on 3117121 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0136 Agenda Date: 3/16/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A.2 2021 WASHINGTON COUNTY JAIL SERVICES: A RESOLUTION TO APPROVE THE PER CAPITA JAIL FEE AGREEMENT WITH WASHINGTON COUNTY FOR JAIL SERVICES IN 2021 IN THE AMOUNT OF $91.553.45 WHEREAS, the City of Fayetteville and Washington County entered into an Interlocal Agreement for Jail Services on October 19, 2004, and the City paid a set booking fee per booked prisoner through 2019; and WHEREAS, on September 19, 2019, the Washington County Quorum Court passed an ordinance changing the one-time booking fee to a dailyjail fee of$63.12 per prisoner per day for all charges which has the potential to significantly multiply the City's annual payment forjail services; and WHEREAS, Washington County has developed an alternative per capita jail fee based on thejail's projected budget shortfall and population estimates for municipalities; and WHEREAS, Chief Reynolds recommends approval of an agreement with Washington County that provides for payment of the per capita fee rather than the daily fee for keeping City of Fayetteville prisoners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign the Per Capita Jail Fee Agreement with Washington County forjail services in 2021 in the total amount of $91,553.45. A copy of the Agreement is attached to this Resolution and made a part hereof. City o1 Fayetteville, Arkansas Page 1 Printed on 3/17/2021 Mike Reynolds Submitted By City of Fayetteville Staff Review Form 2021-0136 Legistar File ID 3/16/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/19/2021 POLICE (200) Submitted Date Division / Department Action Recommendation: Staff recommends approval of the FY2021 Per Capita Jail Fee Agreement with Washington County, Arkansas for housing prisoners in the County Jail in the amount of $91,553.45. Budget Impact: 1010.200.2900-5315.00 Account Number Project Number Budgeted Item? Yes Current Budget Funds Obligated Does item have a cost? Yes Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Current Balance Item Cost Budget Adjustment Remaining Budget General Fund Project Title $ 255,402.00 $ 255,402.00 $ 91,553.45 163,848.55 V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 16, 2021 TO: Mayor and City Council A'' FROM: Mike Reynolds, Chief of Police DATE: February 19, 2021 CITY COUNCIL MEMO MY SUBJECT: FY2021 Per Capita Jail Fee Agreement with Washington County RECOMMENDATION: Staff recommends approval of the FY2021 Per Capita Jail Fee Agreement with Washington County, Arkansas for housing prisoners in the County Jail in the amount of $91,553.45. BACKGROUND: The City of Fayetteville and Washington County entered into an Interlocal Agreement for Jail Services on October 19, 2004. The agreement, with periodic amendments, allows that Washington County will provide jail space for City of Fayetteville prisoners in exchange of the City paying a set price for each booked prisoner. In 2019, the City of Fayetteville paid fees based on $62.00 per booked prisoner charged with misdemeanor crimes and no charge for prisoners booked with felony crimes. On September 19, 2019, Washington County Quorum Court passed Ordinance 2019-60 establishing a municipal daily jail fee of $63.12 per prisoner per day for all charges. This daily fee has the potential to significantly multiply our annual payment for jail services. Alternatively, Washington County developed a per capita jail fee based on their projected shortfall ($608,989.77) and population estimates for municipalities. The 2020 per capita jail fee for the City of Fayetteville was $222,950.07 (approximately $2.57 per resident times 87,590 population). DISCUSSION: In 2021, Washington County project a shortfall of $250,010.21. Based on the per capita jail fee for 2021, the City of Fayetteville represents approximately 37% of the service population. This results in a per capita jail fee of $91,553.45 (approximately $1.05 per resident times 87,590 population) for Fayetteville. The per capita jail fee is a lump sum payment payable to Washington County. BUDGET/STAFF IMPACT: The $91,553.45 per capita jail fee is included in our 2021 Annual Operating Budget. This agreement has no impact on staffing. Attachments: 2021 Per Capita Jail Fee Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DocuSign Envelope ID: 661182EB-6B19-43D7-9183-7383107AB12D FILED CONTRACT # 2021-77 _ May 19, 2021 1 9:02 AM CD7 PER CAPITA JAIL FEE AGREEMENT 'eery 444&eot County & Probate Clerk This Agreement is entered into by and between Washington County, Arkansas Washington County, AR ("Washington County") and the City of Fayetteville, Arkansas ("Municipality") and will become binding on the parties upon the signing of this agreement. WITNESSETH: WHEREAS, the Washington County Quorum Court passed Ordinance 2019-60 that established a daily rate to be charged to all municipalities for housing of their prisoners in the County Jail; and, WHEREAS, said Ordinance allows a municipality to enter into a contract with Washington County that establishes as amount to be charged for keeping municipal prisoners at the County Jail in lieu paying the daily rate; and WHEREAS, Washington County and the Municipality desire to enter into said agreement in lieu of paying the daily jail rate, as memorialized herein; and WHEREAS, the per capita fee amount paid each year by the Municipality shall be calculated based upon the projected shortfall in the Maintenance and Operations Budget of the County Jail provided by the County Treasurer during the previous year, as published and provided to the Municipality. IT IS THEREFORE HEREBY AGREED THAT: Section 1. Payments. To fund the Washington County Jail's maintenance and operation costs, the Municipality agrees to pay a per capita fee based on the population of the Municipality as calculated by the US Census Bureau in their annual population estimates. Section 2. Annual Review. The Washington County Judge shall request that the Washington County Treasurer estimate the Washington County Jail shortfall amount by September lst of each year. The County Judge shall send notice to the Municipality of the estimated shortfall amount and the population estimate of the Municipality by October I' of each year. All notices shall be in writing and shall be provided to the Mayor and Chief of Police' of the Municipality. Section 3. Fee Calculation. The projected shortfall in the County Jail budget shall be divided by the sum of the populations of each Municipality in Washington County and the population of the unincorporated portions of Washington County to determine the per capita fee. Section 4. Agreement Due Date. Any Municipality that choses to participate in the per capita fee payment in lieu of the daily rate fee shall provide a signed agreement to the Washington County Judge by December 31 st of each year. Any Municipality that does not provide a signed agreement to the County Judge by December 3 1 " of each year shall pay the daily rate as established by Ordinance of the Washington County Quorum Court. 1 For a Municipality that does not have a Chief of Police, the notice shall on by sent to the Mayor of said Municipality. 2/11/2021 J:\LESTER\00 CONTRACTS\2021 CONTRACTS\Per Capital Jail Fee Agree ment\FayetteviIle Per Capita Jail Fee Agreement 21.docx DocuSign Envelope ID: 5BD8FDOB-B075-43DC-8185-AC7C18C39738 Section 3. Payment Due Date. The Municipality shall pay the per capita fee amount by February 1" of each year. Any Municipality that enters into this Agreement that fails to pay by February I" of each year shall be charged, retroactively, the daily rate as established by Ordinance of the Washington County Quorum Court. Section 4. Ratification. If a Municipality fails to ratify this agreement, that Municipality shall be charged the daily rate as established by Ordinance of the Washington County Quorum Court. Section 6. Duration. This Agreement shall become effective on January 1st of each year and shall end on December 31" of each year. This Agreement maybe renewed for an additional year via a contract addendum with updated data and executed by the Municipality and Washington County by December 315t of each year. Section 7. Non -appropriation. Notwithstanding anything contained in this Agreement to the contrary, if a County or City fails to appropriate funds for subsequent periods within the term of this Agreement, the County or City shall not be obligated to make payment(s) beyond the then -current fiscal appropriation period provided that once an appropriation is made, the County or City is obligated to provide funds for that appropriation period. Section 9. Ownership and Disposition of Property. Washington County owns and will continue to own all property used by the County Jail. The Municipality will have no legal authority, right, or title to the facility that houses the County Jail or the personal property contained therein. THIS SPACE INTENTIONALLY LEFT BLANK 2/11/2021 C:\Program Data\activePDF\Temp\DocConverter\API\Input\$725df39398f4$91A3792512 D6403 EAEOF 1326 D08089 94.docx DocuSign Envelope ID: 661182EB-6B19-43D7-9183-7383107AB12D DocuSign Envelope ID: 5BDBFD0&8075-43DC-8166-ACM8C39738 Section 10, Per Capita Jail Fee Amount. The per capita jail fee amount charged to the Municipality for the fiscal year 2021, shall be as follows: City Washington County 2019 Population Estimates * 40,518 Per Capita Amount $42,351.44 Elkins 3,487 $3,644.79 Elm Springs 2,397 $2,505A6 Farmington 7,400 $7,734.85 Fayetteville Goshen $7,590 $91,553A5 1,941 $2,028.83 Greenland _ Johnson 1,403 $1466.49 $3,911.33 3,742 A Lincoln 2,481 $2,593.27 Prairie Grove 6,740 $7,044.99 Springdale 74,051 $77,401.81 Tontitown 4,358 $4,555.20 West Fork 2,655 $2,775.14 Winslow 424 $443.19 TOTAL POPULATION WASHINGTON COUNTY 239,187 TOTAL JAIL SHORTFALL $250,010.21 a have executed this Agreement. 1-7 - Zo21 Date -2I Date 2/11/2021 C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$725df39398f4$91A3792512D6403EAEOF1326D08089 94,docx