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HomeMy WebLinkAbout2016-077 IGA - Jackson County Jail - Renting Beds INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND THE CITY OF ASHLAND FOR HOUSING ADULT PRISONERS IN THE JACKSON COUNTY JAIL This agreement is made by and between The City of Ashland, a political subdivision of the State of Oregon, ("Ashland") and Jackson County a political subdivision of the State of Oregon, ("Jackson County"), each acting through its authorized officials. STATUTORY AUTHORITY 1. 1 n accordance with and pursuant to the provision of ORS Chapter 190 entitled INTERGOVERNMENTAL COOPERATION, the County is authorized to jointly provide for the performance of a function or activity in cooperation with a unit of local government that includes a city or other governmental authority in Oregon. By acceptance of this Agreement, Ashland certifies it meets the above criteria for eligibility for such cooperation with the County. 2. As a result of this agreement and pursuant to ORS 190.030, any unit of local government, consolidated department, intergovernmental entity or administrative officers designed herein to perform specified functions or activities is vested with all powers, rights, and duties relating to those functions and activities that are vested by law in each separate party to the Agreement, its officers and agencies. RECITALS WHEREAS, Jackson County operates the Jackson County Jail ("facility"') with limited housing space available for housing adult prisoners from other cities. WHEREAS, Ashland desires to detain in a humane and secure environment, both male and female adult prisoners, but lacks the ability to do so. WHEREAS, Ashland desires to reserve (2) beds per day in the facility on an as-needed basis. WHEREAS, Jackson County is willing to make the desired bed space available to Ashland in accordance with this agreement in order to partially offset its cost for operation of the facility while still maintaining adequate space for its own needs. IN CONSIDERATION OF THE MUTUAL, COVENANTS, TERMS AND CONDITIONS STATED BELOW, ASHLAND AND JACKSON COUNTY AGREE AS FOLLOWS: Section 1. Jackson County hall. a. Admission Services. (1) Any pre-trial or sentenced adult inmate of either sex held in the legal custody of Ashland on charges arising in Jackson County shall be admitted to the facility upon written request of Ashland or the agency's authorized representative, subject to the terms of this agreement. Ashland Housing Agreement (2) There shall be reserved to the exclusive use of Ashland, upon request from an authorized representative, at least 2 bed spaces within the facility for Ashland adult inmates. (3) Jackson County, acting through its correctional facility staff, shall have discretion to refuse acceptance of any inmate placed under this agreement where it is reasonably believed that such placement does not comply with lawful requirements of facility regulations, State statutes, or court orders, or when it appears that the physical condition of the placed inmate requires immediate medical attention. b. Supervision Services. Inmates admitted under this agreement shall receive the quality, level and manner of care and supervision by Jackson County as any other inmate housed in the facility. c. Release Services. Jackson County shall release inmates placed under this agreement only upon notification by persons authorized by Ashland or pursuant to court order, provided, however, that Jackson County, upon written notice to Ashland may act to require the release of any inmate it reasonably believes has been detained in excess of any statutory period prescribed for custody. No provision contained in this agreement is intended to relieve Ashland from the duty to monitor the period that an inmate is detained. Ashland agrees to defend and hold Jackson County harmless from any claim of detention in excess of lawful limits brought or on behalf of any inmate placed as provided above. Section 2. Medical Services. a. Jackson County shall provide Ashland inmates with the routine medical care inside the facility. The level of care inside the facility will be the same as that provided to any other inmate in the facility. This level of care includes the cost of all medical, dental, and mental health care as well as the cost of medical supplies. over the counter medications and, any prescript ]onmedieatioils routinely stocked by the facility which are provided to other inmates. The cost of all routine medical care inside the facility is covered by the per diem rate. b. Ashland is financially responsible for all costs for medical care provided Ashland inmates outside the facility. c. If Jackson County determines that a need for emergency services of any kind exists, that determination shall control, and Jackson County is hereby authorized to take appropriate action, to secure such services. Jackson County shall provide Ashland with immediate notice of such emergency services and Ashland shall reimburse Jackson County for any expenses connected therewith over and above the base cost established in Section 4 of this agreement. d. In no event shall Jackson County invoice Ashland for more than Jackson County's out of pocket expenses in securing emergency services for an Ashland inmate. For purposes of this agreement, "emergency" shall mean any occurrence or situation involving illness, injury or disability requiring immediate medical, dental or psychological services wherein delay in the provision of such services arises out of Jackson County's negligent operation of the facility. 2 Ashland Housing Agreement Section 3. Ashland Shall. a. Written Statement. Ashland shall provide a written statement to Jackson County for each adult imnate detailing the basis for custody and length of sentence applicable. Any applicable court order or detainer shall be attached to the written statement. All pertinent medical information shall accompany the inmate and be provided to the medical staff for follow up evaluations. b. Authorization to Act. Ashland shall provide Jackson County current identities of persons authorized to act under this agreement on behalf of Ashland. c. Transportation. Ashland's authorized representative shall provide all transportation of Ashland inmates to and from the facility at no expense to Jackson County. Transportation to Ashland Municipal Court will be the responsibility of Ashland (unless the appearance can be done via video). d. Bed Management. Ashland will be solely responsible for the management of the rented beds. Ashland inmates designated in writing will be removed from the Jackson County Jail Release Matrix and will be kept in custody until completion of their sentence or when Jackson County is notified that Ashland no longer wishes that an inmate be assigned to one of the rented beds. The inmate will then either be released or placed back onto the Jackson County Jail Release Matrix. e. Release Information. Ashland shall provide Jackson Count y any required written evidence of authorization or other court orders or reports necessary to release any inmate placed under this agreement. Rou tine releases of Ashland inmates will take place in Jackson Count y. Ashland will be responsible for calculation of statutory good time, work time and release date of all Ashland inmates. Jackson Count y will provide Ashland with the necessary data to make these calculations. f. Extraordinary Care. Upon prior approval by Jackson County, Ashland shall reimburse Jackson County for any expenses reasonably incurred in the care and supervision of a placed inmate which would exceed the level of care and supervision customarily furnished to detained inmates, including but not limited to specially tailored clothing, footwear, prosthesis, remedial tutoring, eye glasses, dentures, hearing aids and similar devices. g. Removal of Inmates. Ashland shall remove any placed inmate that Jackson County determines in its sole discretion, to be a substantial risk to the security or safety of the facility on 48 hours' notice from Jackson County. h. Court Orders. Ashland shall furnish promptly to Jackson County in writing judicial orders of placement, social history, visitation restrictions, and specialized programming which would affect detention care and supervision of the placed inmate. Habeas Corpus. In the event a Ashland imnate in the physical custody of Jackson County is the subject of a habeas corpus or other proceeding seeking 3 Ashland Housing Agreement release from custody, Jackson County shall have no duty to defend or appear in the proceeding. At its option, Ashland may defend or appear in the proceeding. Jackson County will promptly notify Ashland of any proceeding of which it is aware that seeks release of an Ashland inmate from Jackson County. J. Payment. All sums due Jackson County under this agreement shall be remitted to: Jackson County Sheriff s Office, Attn: Sue Watkins 5179 Crater Lake I lwy, Central Point, OR 97502 Section 4. Cost. a. Base Cost. While this agreement is in effect, the base cost to Ashland shall be $100.00 per day per bed for up to two (2) beds. This charge will only apply when an authorized representative from Ashland has designated in writing that Ashland wishes to use one or more of the two contracted beds. b. Other costs. In addition to the base cost, Ashland shall pay to Jackson County the costs of emergency services and extraordinary care for Ashland inmates. c. Ashland shall make payment to Jackson County not later than the 20th day of the month following Ashland's receipt of Jackson County's monthly billing in payment for services rendered in accordance with the agreement. Section 5.___ Liability. a. No provision contained in this agreement is intended to relieve Ashland from any claim brought by or on behalf of a n injured part y as a result of Jackson County releasing an inmate or for any claim brought by or on behalf of an immate for failure by Jackson Count y to release an inmate pursuant to the conditions as set forth in Sections Lc and 3.e above. Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 et seq., and Article XI , Section 1 0 of the Oregon Constitution, Ashland agrees to defend and hold harmless Jackson County from any claim brought by or on behalf of an injured party as a result of Jackson County releasing an inmate or from any claim by or on behalf of an inmate as a result of failure by Jackson County to release that inmate pursuant to the conditions as set forth in Sections Lc and 3.e above. b. Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 et seq., and Article X1, Section 10 of the Oregon Constitution, Jackson County agrees to defend and hold Ashland, its elected officials, officers, employees, and agents harmless from any claim brought under federal civil rights law including 42 U.S.C. 1983, and pursuant to the Oregon Tort Claims Act and shall indemnify Ashland, its elected officials, officers, agents and employees for any loss proximately and legally caused by the conduct of Jackson County's elected officials, officers or employees in the performance of the obligations required by the terms of this agreement except for claims brought related to the release or failure to release an inmate pursuant to the conditions set forth in Sections Lc and 3.e as set forth in Section 5.a. 4 Ashland Housing Agreement Section 6. Amendments, No Assignments, Construction. a. This agreement may be amended only by written Amendment and included as part of the agreement when properly signed by both parties. b. Neither party shall assign or otherwise transfer its interest in this agreement. c. This agreement shall be construed and enforced in accordance with the laws of the State or Oregon. Section 7. Term. a. Term. Unless terminated in accordance with subsection (b), the term of this agreement is from the effective date through June 30, 2019. The effective date is May 1, 2016, or the last date signed by the parties below, whichever is later. The charges established by Section 4 ("Cost") shall not accrue until the date inmate(s) are delivered to Jackson County Jail or 30 days after the effective date, whichever occurs first. b. Without Cause. This agreement may be terminated by mutual consent of the parties or by either party upon thirty (30) days' notice, in writing or delivered by certified mail or in person. c. For Cause by Jackson County. Jackson County may terminate or modify this Agreement, in whole or in part, effective upon delivery of written notice to Ashland or at such later date as my be established by Jackson County under any of the following conditions: (I) If Ashland's funding from federal, state, or other sources is not obtained and continued at levels sufficient to allow the performance of the Agreement or insufficient funds are appropriated by the Ashland City Council to meet's A s h I an d' s obligations under this agreement; (2) If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the performance is no longer allowable or appropriate or are no longer eligible for the funding proposed payments authorized by this Agreement. d. For Default or Breach. Either Jackson County or Ashland may terminate this Agreement in the event of a breach of the Agreement by any party. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen (15) days of the date of notice, or within such period as the party giving notice may authorize or require, then the Agreement may be terminated at any time thereafter by a written notice of termination by the party giving notice. The rights and remedies of the parties provided in this subsection are not exclusive and are in addition to any other rights and remedies provided by law or under this agreement. e. Obligation/Liability of Parties: Termination or modification of this Agreement pursuant to subsections a, b, c, or d above shall be without prejudice to any 5 Ashland Housing Agreement obligations or liabilities of either party already accrued prior to such termination or modification. IN WITNESS WHEREOF, the parties have hereto caused this agreement to be executed by their duly authorized officers as of the dates and year entered hereinafter. Each party, by signature below of its authorized representatives, hereby acknowledges that it has read this Agreement, understands it and agrees to be bound by its terms and conditions. Each person signing this Agreement represents and warrants to have the authority to execute this agreement. 1 CITY OF ASHLAND ~ aLK~ Y `'L 4.K-----Dave Kanner, City Administrator JACKSON COUNTY J Danny Jordan, County Administr for JD k~ County Counsel Corey Falls, Jackson County Sheriff 6 BEI~ORE TI-IF BOARD OF COUNTY COMMISSIONERS STATE OF OREGON, COUNTY OF JACKSON IN THE' MATTER OF AUTI-TORIZING THE ) ORDER NO. COUNTY ADMINISTRATOR TO EXECUTE AN ) INTERGOVERNMENTAL AGREEMI NT WITH ) THh, CITY OF AS11LAND ) WHEREAS. the City of Ashland (City) is in need of facilities to house adult inmates. and WHEREAS, Jackson County has agreed to accept and provide for the secure custody, safekeeping, housing and care of adult inmates of the City in accordance with state and local laws, standards, regulations, policies and Court orders applicable to the operation of the facility: and WHEREAS, Jackson County will provide two inmate bed spaces exclusively for the City; and WIJEREAS, the term of the Agreement is May 1. 2016, through June 30, 2019, and requires ratification to become effective Mav 1, 2016. Noti~', therefore, The Board of County Commissioners of Jackson County ORDERS; I The County Administrator is hereby authorized to ratify, execute, amend and terminate an Intergovernmental Agreement with the City of Ashland. The County Administrator is hereby further authorized to execute any and all future amendments, addendums, contracts, agreements or termination agreements of any kind related to this matter. DATED this 15th day of.lnne, 2016.. at Ashland, Orcgon. JACKS ,4N COL.1N"I Y ;O ARD OF COMMISSIONERS Rick Dver, Chair Colleen Roberts, Commissioner Doug, Breidenthal, Commissioner i uluinir3iEiut;X~rdr*rs15HCifZ~ff Ash 3n,,, Jod Beds dm,, Page 1 of ] CITY OF ASHLAND Intergovernmental Agreement Housing Adult Prisoners in the Item No. JACKSON Jackson County Jail . 4 COUNTY ttregor~ Board Letter No. 12283 (S73,000/Est. Revenue) Agenda: June 15. 2016 Honorable Members of the Board of Commissioners: An Order authorizing the County Administrator to execute an Intergovernmental Agreement with The City of Ashland has been prepared as an item for the June 15, 2016, Board Meeting agenda. The Intergovernmental Agreement has been approved by County Counsel as to legal sufficiency and is on file in the County Administrator's Office. Synopsis and Benefit to Jackson Count= The City of Ashland (City) is in need of facilities within this jurisdiction to house and care for adult inmates. Jackson County has agreed to accept and provide for the secure custody, safekeeping, housing and care of adult inmates of the City in accordance with state and local laws, standards, regulations, policies and court orders applicable to the operation of the facility. Two inmate bed spaces will be reserved f'or the City for these purposes. The County will be reimbursed $100 per day for each instance for an estimated $73,000 per year in revenue. Benefit to Citizens of Jackson County By providing quality correctional services to cities within Jackson County, citizens benefit from reduced criminal activity and risk. Financial Impact Tlie Ain-eenieiit is in an estimated annual amount of $73,000 in revenue. The term of the Intergovernmental Agreement is May 1, 2016. through June 30. 2019, and requires ratification to become effective May 1, 2016. Recommendation The Sheriff recontinends approval of the Board Order. The County Administrator concurs with the recommendation of the Sheriff. Should the Board of Cornntissioners concur with their recommendations, approval of the Board Order will implement that action. Res e tfully s mitted Danny Jor a. f County A i trator r1Adm;n~E3oCtLetterslS~~EftIFF Ashfa»d Jail Beds.docx RATI FICATION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASHLAND AND JACKSON COUNTY FOR THE PERIOD OF MAY 1, 2016 THROUGH JUNE 30, 2019 APPROVAL BY THE COUNTY T"he undersigned hereby ratifies the attached , between ("Contractor") and Jackson County ("County"), pursuant to Jackson County Codified Ordinance section 208.17, .Jackson County Local Contract Review Board Rules and ORS 291.049, which provides: (1) If the parties to a public contract perforrn under the contract before the contract is approved for legal sufficiency by the County Counsel as required pursuant to the LCRB, the County may ratify the public contract if the County Counsel determines that the contract is legally sufficient prior to ratification. As a condition for approval, the County Counsel may require that the contract be amended as necessary to make the contract legally sufficient. (2) Upon approval of the public contract for legal sufficiency and ratification of the public contract by the County under this section, the public contract is effective and the County may snake payments on the ratified public contract even if the payments are for services rendered prior to ratification. (3) A description of why the contract was not approved for legal sufficiency or executed before perfonnance began: Contractor generated the agreement and signed prior to acceptance by the Sheriff s Office. Housing of inmates will begin when IGA is fully executed. (4) If appropriate, state the steps being taken to prevent similar occurrences in the future: Request the Sheriff s Office Budget Manager generate the IGA and review prior to any signatures. Danny Jordan County Administrator Dated: rage 1 - Ratification Purchase Order Fiscal Year 2017 Page: 1 of: 1 - _ B City of Ashland I ATTN: AP L 20 E. Main Purchase L Ashland, OR 97520 Order # T O Delivery must be made within doors of specified destination. V S E JACKSON COUNTY H C/O Police Department N 10 S OAKDALE AVE p 1155 East Main Street D MEDFORD, OR 97501 O Ashland, OR 97520 T R O IN m =DA = y 07/06/2016 517 City Accounts Payable JAIL BED RENTAL The Above Purchase Order Number Must Apppear On All Correspondence - Packing Sheets And Bills Of Lading 1 $100 PER DAY PER BED DEPENDING OON THE NUMBER OF 1.0 $20,000.00 $20,000.00 TIMES WE USE THEM. THE YEARLY COST COULD RANGE FROM $20,000 TO $75,000. INTERGOVERNMENTAL AGREEMENT APPROVED BY COUNCIL ON APRIL 19, 2016 GL Account: $20,000.00 GL SUMMARY 060900 - 604160 $20,000.00 By: AuthoriiTed,. Signature By: a _ $20,000.00 = a .00 re Fill? Signatu Authorized CITY OF `7 ASHLAND REQUISITION Date of request: 06/28/2016 Required date for delivery: Vendor Name .iarksnn Cniint; of nrpgnn Address, City, State, Zip 10 S Oakdale Ave, Medford OR 97501 Contact Name & Telephone Number Danny Jordan County Administrator Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached -(Attach co of council communication -(If council approval required, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon Date approved by Council: ❑ Direct Award -(Attach copy of council communication) Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ® Agency Jackson County ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: 04/19/2016 (Date) ❑ Form #4, Personal Services $51K to $75K Valid until: Date x(Attach copy of council communication) Description of SERVICES Total Cost 1,---'Y ~2_01 _7 $100 per day per bed. Depending on the number of times we use the beds, the yearly cost could $20,000 (will increase if necessary) range from $20,000 to $75,000. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quotelproposal $ Project Number _ _ _ _ _ _ - _ _ _ Account Number 110.06.09.00.604160 Account Number___-__-__- Account Number - *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Vector Date Support -Yes / No By signing this requisition form, 1 certify that the City's -public contracting requirements have been satisfied. Employee. t ( s`Q Department Head: ® (Equal to or greater than $5,000) Department Manager/Supervisor: City Administrator (Equal to or greater than $25,000) Funds appropriated for current fiscal year C6E / NO Finance Director- (Equal to orgrader than $5,000) Date Comments: Form #3 - Requisition Lytin Meerifield From: Dana Smith Sent: Tuesday, June 28, 2016 12:15 PM To: Barbara Christensen; Dave Kanner; John Stromberg; David Lohman Cc: Diana Shiplet; Lynn Merrifield; Kris Bechtold Subject: RE: Jail Bed Agmnt I received a fully executed original today. It is scanned in Laserfiche as document #2016-077. Thank you. Dana Smith, Assistant to the City Recorder City Hall, Recorder's Office 20 East Main St Ashland OR 97520 Phone: 541-488-5307 TTY: 800-735-2900 Fax: 541-552-2059 This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 488-5307. Thank you. From: Dana Smith Sent: Friday, June 24, 2016 12:33 PM To: Barbara Christensen; Dave Kanner; John Stromberg; David Lohman Cc: Diana Shiplet; Lynn Merrifield; Kris Bechtold Subject: FW: Jail Bed Agmnt Hi everyone, I received an email copy of the jail bed rental agreement - an original to follow next week according to message below. Thanks. Dana Smith, Assistant to the City Recorder City Hall, Recorder's Office 20 East Main St Ashland OR 97520 Phone: 541-488-5307 TTY: 800-735-2900 Fax: 541-552-2059 This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 488-5307. Thank you. From: Sue Watkins [mailto:WatkinSJ@iacksoncounty.org] Sent: Friday, June 24, 2016 12:10 PM To: Dana Smith Subject: Jail Bed Agmnt Hi Dana, Attached is a pdf of a fully executed agreement, finally. I'm mailing a hard copy for your records, mailroom should pick it up on Monday. If you have any questions please give me a call or send an email. 1 C I T Y OF ASHLAND Council Communication April 19, 2016, Business Meeting Memorandum of Understanding Between the City of Ashland and Jackson County for the Rental of Jail Beds FROM: Tighe O'Meara, Chief of Police, tighe.omearaAashland.or.us SUMMARY At the March 14, 2016 Council meeting the Council directed staff to pursue renting two jail beds at the Jackson County Jail for the incarceration of individuals convicted of misdemeanors in .Ashland Municipal Court. This Memorandum of Understanding (MOU) establishes that relationship with the County. BACKGROUND AND POLICY IMPLICATIONS: During its recent discussions of downtown behavior issues, the Council agreed that the City should rent two jail beds in order to ensure that those individuals convicted of crimes in Ashland Municipal Court could face more serious sanctions. The Council heard testimony supporting this tactic on the grounds that currently, individuals who are chronic offenders or who are convicted of quality of life crimes know that they will not serve any jail time. It is hoped that the threat of jail time will serve as a deterrent to such individuals. Due to staffing constraints, the Jackson County Sheriff's Office was compelled to reduce its jail space by approximately 60 beds. This reduction further strained the County's ability to incarcerate people who have been charged with or convicted of a crime. It is common for a person who has been arrested or sentenced to a term in jail for certain lesser crimes to be immediately released due to a lack of available space. The lack of available jail space is not unique to Jackson County. Several agencies around the state have taken the step of paying for jail space in order to ensure that those arrested and/or convicted of crimes see some meaningful sanction. While pre-conviction housing is possible through such a program it is much more complicated than post-conviction housing. The attached MOU establishes an agreement with Jackson County that allows for up to two beds to be rented by the City of Ashland to incarcerate defendants convicted of crimes (not violations) in Ashland Municipal Court. The jail beds will cost the city $100 per day, and the city will not be charged unless the bed is in use. COUNCIL GOALS SUPPORTED: 23. Support innovative programs that protect the community. FISCAL IMPLICATIONS: The financial implications are unknown at this time. It is estimated that this program could cost anywhere between $20,000 and $75,000 annually. This money is currently not allocated in the police Page 1 of 2 !LA11 CITY OF ASHLAND department's biennial budget. However, the department will absorb the cost in its budget as much as possible, and will return with a supplemental budget request if needed. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the Council accept the MOU as written and authorize the city administrator to sign it. SUGGESTED MOTION: I move approval of a memorandum of understanding between the City of Ashland and Jackson County for the rental of up to two jail beds and authorize the city administrator to sign said MOU. ATTACHMENTS: MOU Page 2 of 2 LVI