HomeMy WebLinkAbout238-22 RESOLUTIONARCHIVED
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 238-22
File Number: 2022-0883
PER CAPITA JAIL FEE AGREEMENT:
A RESOLUTION TO APPROVE THE PER CAPITA JAIL FEE AGREEMENT WITH
WASHINGTON COUNTY FOR JAIL SERVICES IN 2023 IN THE AMOUNT OF $76,421.40
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 daily jail fee of $63.12 per prisoner per day for all charges
which has the potential to significantly multiply the City's annual payment for jail services; and
WHEREAS, Washington County has developed an alternative per capita jail fee based on the jail'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 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 2023 in the total
amount of $76,421.40. A copy of the Agreement is attached to this Resolution and made a part
hereof.
Page 1 Printed on 10119122
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Resolution: 238-22
File Number: 2022-0883
PASSED and APPROVED on 10/18/2022
Attest:
Page 2 Printed on 10119122
City of Fayetteville Staff Review Form
2022-0883
Legistar File ID
10/18/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Mike Reynolds 9/19/2022 POLICE (200)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of the FY2023 Per Capita Jail Fee Agreement with Washington County, Arkansas for
housing prisoners in the County Jail in the amount of $76,421.40.
Budget Impact:
1010.200.2900-5315.00
Account Number
Project Number
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget
General
Fund
Project Title
$ 270,250.00
$ 94,560.85
$ 76,422.00
$ 9`?,267.ts
V20270527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
q4ps �--7
MEETING OF OCTOBER 18, 2022
TO: Mayor and City Council
FROM: Mike Reynolds, Chief of Police
DATE: September 19, 2022
CITY COUNCIL MEMO
SUBJECT: FY2023 Per Capita Jail Fee Agreement with Washington County
RECOMMENDATION:
Staff recommends approval of the FY2023 Per Capita Jail Fee Agreement with
Washington County, Arkansas for housing prisoners in the County Jail in the amount of
$76,421.40.
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. Over 15 years (2004-2019), the City of Fayetteville paid
Washington County an average of approximately $220,000 annually for their jail services.
On September 19, 2019, the Washington County Quorum Court passed Ordinance
2019-60 establishing a municipal daily jail fee of $63.12 per detainee per day. This daily fee
had the potential to significantly multiply our annual payment for jail services. Alternatively, the
Washington County Judge developed a per capita jail fee based on County jail budget projected
shortfall ($200,000.00) and population estimates for municipalities. The 2022 per capita jail fee
for the City of Fayetteville was $76,421.40 (approximately $0.81 per resident multiplied by our
population of 93,949).
DISCUSSION:
Once again, Washington County is projecting a shortfall of $200,000.00 for 2023. Based
on the per capita jail fee for 2023, the City of Fayetteville represents approximately 38% of the
County's population. This results in a per capita jail fee of $76,421.40 (approximately $0.81 per
resident multiplied by our population of 93,949) for Fayetteville. The per capita jail fee is a lump
sum payment payable to Washington County no later than February 1, 2023.
BUDGET/STAFF IMPACT:
The $76,421.40 per capita jail fee is included in our 2023 Proposed Annual Operating
Budget. This agreement has no impact on staffing.
Attachments: 2023 Per Capita Jail Fee Agreement
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
PER CA PITA JAIL FEE AGREEMENT
This Agreement is entered into by and between Washington County, Arkansas
("Washington County") and the City of Fayetteville, Arkansas ("Municipality") and will become
binding on the parties upon the signing of this agreement.
W I T N E S S E T H:
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. Pa nib 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 1st 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 1st 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 31st 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.
9/15/2022
Section 3. Payment Due Datc. The Municipality shall pay the per capita fee amount by
February lst of each year. Any Municipality that enters into this Agreement that fails to pay by
February 1st 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 3 1 " of each year. This Agreement may be renewed for an additional
year via a contract addendum with updated data and executed by the Municipality and
Washington County by December 31st 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
9/15/2022
DocuSign Envelope ID: BF7D4822-8203-472B-8B7A-94C17ECEOBC6
Section 10. Per Capita Jail Fee Amount. The per capita jail fee amount charged to the
Municipality for the fiscal year 2023, shall be as follows:
City 2020 Population Per Capita
Estimates * Amount
Washington County
40,497
32,941.60
Elkins
3,602
2,929.99
Elm Springs
1,896
1,542.27
Farmington
7,584
6,169.09
Fayetteville
93,949
76,421.40
Goshen
2,102
1,709.84
Greenland
1,213
986.70
Johnson
3,609
2,935.69
Lincoln
2,294
1,866.02
Prairie Grove
7,045
5,730.65
Springdale
75,083
61,075.14
Tontitown
4,301
3,498.58
West Fork
2,331
1,896.12
Winslow
365
296.90
---
TOTAL POPULATION 245,871 200,00.00
WASHINGTON COUNTY
IN WITNESS WHEREOF, the parties have executed this Agreement.
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shir> alCounty Judge Date
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5/31/2023
May 31, 2023 1 10:03 AM CDT
Date
Section 10. Per Capita Jail Fee Amount. The per capita jail fee amount charged to the
Municipality for the fiscal year 2023, shall be as follows:
City
Washington County
Elkins
Elm Springs
Farmington
Fayetteville
Goshen
Greenland
Johnson
Lincoln
Prairie Grove
Springdale
Tontitown
West Fork
Winslow
TOTAL POPULATION
WASHINGTON COUNTY
2020 Population
Per Capita
Estimates *
Amount
40,497
32,941.60
3,602
2,929.99
1,896
1,542.27
7,584
6,169.09
93,949
76,421.40
2,102
1,709.84
1,213
986.70
3,609
2,935.69
2,294
1,866.02
7,045
5,730.65
75,083
61,075.14
4,301
3,498.58
2,331
1,896.12
365 296.90
245,871 200,00.00
IN WITNESS WHEREOF, the parties have executed this Agreement.
Washington County Judge Date
Mayor of Fayetteville Date
9/15/2022