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HomeMy WebLinkAbout2024-046 Agrmt - Jackson CountyINTERGOVERNMENTAL 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 In 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 190.0�30, 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 house in a humane and secure environment adult prisoners, but lacks the ability to do so. WHEREAS, Ashland desires to reserve three (3) beds per day in the facility for the period of March 1, 2024 through February 28, 2027. WHEREAS, Jackson County is willing to make the desired bed space available to The City of 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, THE CITY OF ASHLAND AND JACKSON COUNTY AGREE AS FOLLOWS: Section 1. Jackson County shall. a. Admission Services. (1) Any pre-trial or sentenced adult inmate 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 agencies authorized representative, subject to the terms of this agreement. Ashland Housing Agmnt (2) There shall be reserved to the exclusive use of Ashland, upon request from an authorized representative, at least 3 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, 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 prescription medications 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 them 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 providing emergency services for a Ashland inmate. Additionally, Jackson County shall not invoice The City of Ashland for any occurrence or situation involving illness, injury or disability requiring immediate medical, dental or psychological services wherein the need for or additional costs Ashland Housing Agnint of such services arises out of Jackson County's negligent operation of the facility, Section 3. Ashland Shall. a. Written Statement, Ashland shall provide written statement to Jackson County for each adult inmate 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 County any required written evidence of authorization or other court orders or reports necessary to release any inmate placed under this agreement. Routine releases of Ashland inmates will take place in Jackson County. Ashland will be responsible for calculation of statutory good time, work time and release date of all Ashland inmates. Jackson County will provide Ashland with the necessary data to make, these calculations. f. Extraordinary Care. Upon prior approval by Jackson County, Ashland shall reimburse Jackson for any expenses reasonably incurred in the care and supervision of a placed inmate which would exceed the level of care and supervision of a placed inmate 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 super -vision of the placed inmate. 0 Ashland Housing Agmnt i. Habeas Corpus. In the event an Ashland inmate in the physical custody of Jackson County is the subject of a habeas corpus or other proceeding seeking 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 a Ashland inmate from Jackson County. j. PUment. All sums due Jackson County under this agreement shall be remitted to: Jackson County Sheriffs Office Attn: Jail Administration 787 West 8' Street, OR 97501 Section 4. Cost. a. Base Cost. While this agreement is in effect, the base cost to Ashland shall be $110.00 per day per bed for up to three (3) beds per day. 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 three contracted beds. b. Maximum Compensation. Total base cost paid by Ashland under this agreement shall not exceed $60,000 per Ashland fiscal year. c. 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. d. Ashland shall make payment to Jackson County not later than the 20' 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. No provision contained in this agreement is intended to relieve Ashland from any claim brought by or on behalf of an injured party as a result of Jackson County releasing an inmate or for any claim brought by or on behalf of an inmate for failure by Jackson County to release an inmate pursuant to the conditions as set forth in Section Lc above. Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 et seq., and Article XI, Section 10 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 Ashland 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 Section Lc above. b. Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 et seq., and Article XI, Section 10 of the Oregon Constitution, Ashland agrees to defend and hold Jackson County, 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 Jackson County, its elected officials, officers, agents and employees for any loss proximately and legally caused by the conduct of Ashland's M Ashland Housing Agmnt 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 Section Lc as set forth in Section 5.a. 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 February 28, 2027. The effective date is March 1, 2024, or the last date signed by the parties below, whichever is later. The charges established by Section 3 ("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 may be established by Jackson County under any of the following conditions: (1) 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 Ashland'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 Ashland Housing Agrant 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 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. JACKSON COUNTY CITY OF ASHLAND Sabana Gotta, Interim City Manager Date: BEFORE THE BOARD OF COUNTY COMMISSIONERS STATE OF ORFGON� COUNTY OF JACKSON IN THE MATTER OF AUTHORIZING THE ) ORDERNO.— COUNTY ADMTN[STRATOR TO EXECUTE AN ) INTERGOVERNMENTAL AGREEMENT FOR ) HOUSING ADULT PRISONERS IN THE ) JACKSON COUNTY JAIL BETWEEN THE ) CITY OFASHLAND AND JACKSON COUNTY ) WHEREAS, the City of Ashland is in need of a facility to house and care for three offenders per day; and WHEREAS, Jackson County is in a position to accept, and provide for, the secure Custody, safekeeping, housing, and care of offenders from the City of Ashland, in accordance with State and local laws, standards., regulations, policies. and Court orders applicable to the operation ofthe Jail; and WHEREAS, the Agreement will provide three adult -in -custody bed spaces lor use exclusively by the City; and WHEREAS, the term of the Agreement is March 1, 2024, through February 28, 2027, and requires ratification to become effective March 1, 2024. Now, therefore, 1-lie Board of County Commissioners of Jackson County ORDERS: 1. The County Administrator is hereby authorized to ratify, CXCCLIte, amend, and terminate an Intergovernmental Agreement for Housing Adult Prisoners in the Jackson County Jail between the City of Ashland and Jackson County. 2, The County Administrator is hereby further authorized to execute any and all ftiture amendments, addendL]ITIS, contracts, agreements, or termination agreements of any kind rclated to this matter. fl ORDER - Page I of'2 DATED this 12th day ofJLine, 2024, at Medford, Oregon. JACKSON COUNTY BOARD OF COMMISSIONERS Rick Dyer, Chair Dave Dotterrer, Commissioner Colleen Roberts, Commissionerm I}AdminlGoMrdeem20240rderslGHFR9FF_CityafR.shland_JadBeds .dacx ORDER - Paoe 2 of 2 THE CITY OF ASHLAND Intergovernmental Agreement Between the City of Ashland and Jackson County for Housing t, Adult Prisoners in the Jackson County Jail ($60,000/Annual Revenue) Honorable Members of the Board of Commissioners: heni No. LL0, Board Leiter No. 13421 Agenda: June 12, 2024 An Order authorizing the County Administrator to execute an Intergovenunental Agreement for Housing Adult Prisoners in the Jackson County Jail between the City of Ashland and Jackson County has been prepared as an itern for the June 12, 2024, Board meeting agenda. The 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 County The City of Ashland is in need of a facility to house and care for three offenders per day. Jackson County is in a position to accept, and provide for, the secure custody, safekeeping, housing, and care of offenders from the City of Ashland, in accordance xvith State and local laws, standards, regulations, policies, and court orders applicable to the operation of the Jail. The Agreement will provide three adult -in -custody bed spaces for use exclusively by the City. Benefit to Citizens of Jackson County Providing three Jail beds for use by the City of Ashland will enhance the overall public safety by ensuring that local law enforcement agencies can adequately detain offenders. Financial Impact The Agreement is in the estimated annual revenue ' amount of $60,000 for the term of the Agreement. The terns of the Agreement is March 1, 2024, through 1'ebruary 28, 2027, and requires ratification to become effective March 1, 2024, Recommendation The Sheriff recommends approval of the Board Order, The County Administrator concurs with the recommendation oftlie Sheriff. Should the Board of Commissioners concur with their recommendations, approval of the Board Order will implement that action. Re�6e�tfullv submitted, Danny Jord V 11 County V istrator 1:'-Admin�BoCiLettersQC24Letters\SHERIFF_CityofAshlaild, Jefllbeds.docx RATIFICATION OF INTERGOVERNMENTAL AGREEMENT FOR HOUSING ADULT PRISONERS IN THE JACKSON COUNTY JAIL BETWEEN THE CITY OF ASHLAND AND JACKSON COUNTY FOR THE PERIOD OF MARCH 1, 2024 THROUGH APPROVAL BY THE COUNTY The undersigned hereby ratifies the attached INTERGOVERNMENTAL AGREEMENT FOR HOUSING ADULT PRISONERS IN THE JACKSON COUNTY JAIL, between THE CITY OF ASHLAND ("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 perform 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 make 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 performance began: This was discovered after the fact due to delayed dissemination of information. (4) If appropriate, state the steps being taken to prevent similar occurrences in the future: M .Danny J County, Dated: Page 1 — Ratification (Rev 1110912023) INTERNAL USE ONLY ' JACKSON(Space COUNTY COUNSEL Reserved for County Counsel) COUNTYCover Sheet or'egon Date: 05/17/2024 Department Name: Sheriff From: Sue Watkins Phone Ext: 6828 County Contact Person Contractor Name/Other Party: special Routing Instructions - The City of Ashland Tax Payer I.D. (no longer needed) (Required for New Expenditures) Funding: (Please check one) IT DIRECTOR 9 Funds are included in the present budget. (Approval of SoftwareMardware) ❑ Funds are not included in the present budget; a budget transfer has been submitted. ❑ N/A Document Amount (Annual): $ 60,000 ❑ Expense [9 Revenue ❑' N/A SURVEYOR'S OFFICE (Review of easements, deeds, etc.) Term: 03/09 /2024 02/28/2027 (Beginning Date) (End Date) CAO Document Type (Result of ❑ RFP ❑ ITB El Quote 0 N/A) and Description (Space Reserved for CAA) ❑ Agreement # ❑ Amendment # El Change Order # ❑ Contract # ❑ Contract for Services CAO ❑ Grant from Jackson County # ❑ Grant Award to Jackson County # AUTHORIZATION Z IGA # housing Adult Prisoners in .fail ]Date ❑ Personal. Services Contract Initials LCRB 1-30�b,c ❑ Other LCRB 1-30g. Insurance Certificates: Order No.138-17 Board Order # ❑ Attached Other CAO requires review by N Not needed because we are providing services Board of Commissioners. County Counsel Exemption Status: Continued on P2 e 2 Re aired Place on agenda below: ® Wednesday BoC FOR INTERNAL (CAO) USE ONLY: 0 Tuesday BoC Project Name/ 0 Thursday BoC Filing Notations: 1. ® Specific Date Page l of 2 Exempt from County Counsel Review: (All contracts which require ratification must be reviewed by County Counsel, even if otherwise exempt from Counsel review.) 0 No (All documents go through County Counsel.) 0 Amendment or Change El Renewed Non- El Contracts for El Software Other Order. Standard Contracts. Goods, Services & upgrade contracts. (describe) Personal Services. *Original contract approved by ePreviously approved within *Standard County Template *Amount is not greater e IGA with City Counsel; and the last two years from the *Amount is not greater than than $100,000,; of Ashland to *No changes have been made to the date of the original $100,000 *Term is 12 months or rental prisoner Scope of Work; and document; and eTenn is 12 months or less; less; beds at the Jail *Renewal is without any *Allows County to ol T has reviewed and modifications, except to terminate in 30 or fewer approved the purchase reflect current dates and days; and of the original software. changes in the contract *Funds are budgeted for the amount. purpose of the contract. State why a particular rate of compensation is necessary, purpose of contract/document or services to be provided to the County. Please include history and comments. (Attach additianal page if necessary.) The City of Ashland desires to continue to reserve three (3) jail beds, per day, in the Jackson County Adult Jail. Three (3) bed spaces are reserved exclusively for Ashland on a twenty-four hour a day basis at a rate of $I 10.00 per day, per bed. Anticipated revenue each fiscal year is up to $60,000. The City of Ashland shall reimburse the county for all emergency medical costs associated with the bed space. A previous agreement for these services was in place from 2016 through 2022 at a rate of $ 100.00 per day per bed space for two jail beds. BO 95-16 Authorizing Board Order No. Click to enter text. (attach copy) Z Pending or El N/A Independent Contractor Verification Department has verified the contracted work meets the following standards: 1. The Contractor is free from direction and control over the means and manner of providing the labor or services, subject only to specifications of the desired results. I The Contractor is responsible for obtaining all assumed business registrations or professional occupation licenses required by state or local ordinances. 3. The Contractor furnishes the tools or equipment necessary for the contracted labor or services. 4. The Contractor has the authority to hire and fire employees to perform the labor or services. 5. Paymer to the Contractor is made upon completion of the performance or is made on the basis of periodic progress payments. �thorized Designee) Signature Deparkment director Date Docurrientl Page 2 of 2