Saline-Saline Co Interlocal Agreement Mar 1, 2020 Salina-Saline County Interlocal Agreement
This Agreement is entered into this 11 day of March,2020,by and between the City of
Salina, Kansas, (the"City")and the Board of County Commissioners of Saline County,Kansas
(the"County").
Recitals
A. As required under K.S.A. 19-1901,the County owns and operates a jail for the
Safekeeping of prisoners known as the Saline County Jail(the"Jail'); and
B. Pursuant to K.S.A. 19-1930,the County is required to receive all prisoners
committed to the Sheriff s custody by the authority of the City and the City is required
to compensate the County for the maintenance of such prisoners at a rate equal to that
provided by the County for the maintenance of County prisoners; and
C. The City operates and maintains a consolidated emergency service dispatch
center which provides countywide dispatch services for the City Police Department,the
County Sheriffs Office,various rural Fire Districts, and the City Fire Department
including Emergency Medical Services provided to residents countywide; and
D. The City operates a facility accountable for the custody, control, and
maintenance of Evidence, Found Property, and Other Contraband that comes under
control of Saline County Sheriff s Office personnel while conducting law enforcement
activities; and
E. Pursuant to the Interlocal Cooperation Act of Kansas set forth at K.S.A. 12-2901
et seq., the County and the City desire to enter into a simplified agreement specifying
their respective responsibilities and obligations regarding prisoner maintenance,
dispatch services, fingerprinting, and providing for the custody, control, and
maintenance of evidence, found property, and other contraband.
NOW, THEREFORE,the County and the City agree as follows:
I. Declaration of intent. It is the intent of both parties to implement a simplified
agreement providing for a predictable and cost effective manner of determining
shared responsibilities and allocating costs based on direct budgetary expenses for
both parties.
II. Definitions. For the purposes of this agreement the following terms and phrases shall
have the stated meanings.
a. "City Prisoner" shall include: Any person sentenced or held in the Jail for
violating a municipal ordinance including anyone jailed for revocation of
probation or diversion and/or failure to appear or pay fines or costs assessed by
the Salina Municipal Court; and in the case of multiple charges against the same
person,the most serious charge upon which confinement in the Jail is based will
determine whether or not the person is a City Prisoner. In the case of multiple
charges against the same person if the County charge is a bondable offense and
the City prevents the offender from bonding out,the prisoner shall be deemed to
be a City Prisoner.
b. "Prisoner Day" shall refer to any part of the calendar day during which a person
is booked into the Jail and each subsequent day that a person is resident in the
facility. The date of release shall not be counted as a Prisoner Day, excepting in
those cases where the date of release is the same as the booking date. When a
prisoner becomes a City Prisoner by virtue of District Court action,the effective
date of the District Court action shall count as the first Prisoner Day attributable
to the City.
c. "Routine Medical Care" shall mean care provided by the Jail's visiting nurse
including the dispensing of prescription or non-prescription medication. Routine
Medical Care shall not include care provided outside the facility such as dental
appointments,doctor appointments,hospital care, or care provided by the Salina
Fire Department Emergency Medical Service staff.
d. "Routine Transportation" shall mean transportation to locations within the city
limits of the City of Salina, Kansas,with the exception of transportation to
Municipal Court.
e. "Call for Service"shall mean any assistance rendered by the City-operated
dispatch service in response to one or more in person,telephone,radio, or
computer communications received from either the general public or public
safety personnel requesting law enforcement, fire, or medical services in response
to a particular incident or circumstance to which a case number is assigned.
f. "Evidence"means anything other than written reports and statements on which a
judgment or conclusion may be based, or by which proof or probability of an
offense may be established in a case being handled by a deputy of the Saline
County Sheriffs Office.
g. "Found Property"means any property of value that has been lost by its owner and
found by any other person and turned into law enforcement authorities.
h. "Other Contraband"means any object prohibited by law from being imported,
exported, or in the possession of a person. Other Contraband shall also mean
prohibited objects coming into the possession of a deputy in circumstances which
prohibit charges being filed because the owner is not known or for any other
acceptable reason.
III. Jail services to be provided. The County shall provide to City Prisoners the same jail
services as are provided to any prisoner in the custody of the County,to include
security,meals, clothing, Routine Medical Care, entertainment, exercise, etc.,
provided that:
a. Medical Care. Maintenance of City Prisoners by the County shall include
providing Routine Medical Care at the expense of the County. The City agrees to
pay for any non-routine medical expenses required in the lawful maintenance of
City Prisoners. The County will attempt to collect for non-routine medical costs
from the prisoner or other appropriate 3rd parties (such as private insurance,
Medicare, Medicaid)as is appropriate, as well as collection proceeding through
the State set-aside program or other collection agencies.Any such collection shall
be credited against the cost charged to the City.
b. Collection Costs. Collection costs incurred above and beyond the County's
routine collection efforts shall be paid by the City(examples of collection costs
above and beyond the County's routine efforts include suing, opening an estate,
investigating estate matters,proceeding against assets). Collection efforts beyond
the County's routine collection efforts are subject to the prior written approval of
the City Manager. If prior written approval is not provided by the City Manager,
the City will not be responsible for collection efforts above and beyond the
County's routine collection efforts.
c. Mug Shots- Computer Photographic Images. The County shall provide and
maintain computer photographic images. The City shall be responsible for any
central computer costs, wiring, and linkages necessary to make the system
operable.
d. Fingerprinting. The County shall perform all fingerprinting. The County shall be
responsible for the cost of staff as well as all supplies and equipment necessary in
the fingerprinting process for all prisoners booked into the Jail. The City will
reimburse the County pursuant to Section VII(b)of this agreement for
fingerprinting ordered by the Municipal Court for those individuals not booked
into the Jail.
e. Meals. Maintenance of City Prisoners by the County shall include providing
meals to City Prisoners either housed in the Jail or in the Salina Police
Department temporary detention facility located at its department headquarters.
f Transportation. While the County shall provide the transportation of City
Prisoners to locations except Municipal Court,the cost of such transportation
shall be allocated pursuant to an agreement for transportation of municipal
prisoners signed December 18,2006, as said agreement may be amended from
time to time.
g. Security. While the County shall provide the actual security when a City Prisoner
must be taken outside the Jail (including cases in which the City Prisoner's
medical condition requires transport by the City's Emergency Medical Service),
the City shall compensate the County for the actual cost of security for any City
Prisoner.
h. Other provisions.
i. The City will provide escort and security between the Jail and Municipal
Court.
ii. The City will reimburse the County for expenses of transporting a City
Prisoner when the City's Emergency Medical Services are used if a fee is
charged.
iii. The County will provide security for City Prisoners who are under arrest
and admitted to the hospital for treatment prior to being booked into the Jail.
(Felony only)
iv. Mental evaluation individuals will be guarded at the hospital by County
staff only after it has been determined that the individual will be transported
to a correctional mental health facility.
v. The City will reimburse the County for inmate medical security at the
hourly rate of the employee assigned, depending on reassignment or
overtime.
i. Intoxilizer. The County agrees that it shall provide a room in the Jail for housing
the City's intoxilizer which shall at all times be accessible by authorized City
personnel.
IV. Fingerprinting Services. The County will provide fingerprinting and mug shot
services for all prisoners booked into the Jail as well as for those individuals for
whom the Municipal Court has ordered fingerprints but who are not booked into Jail.
V. Consolidated Dispatch Services. The City agrees to provide consolidated dispatch
services for the following entities:
1. City Police Department
2. City Fire Department
3. Countywide Emergency Medical Services operated by the City
4. County Sheriff s Office
5. Various Rural Fire Districts
VI. Evidence custody and control. The Salina Police Department agrees to take custody and
control of Evidence,Found Property, and Other Contraband that is collected and
confiscated by the Saline County Sheriff's Office. The Salina Police Department will
provide safe storage,management, and chain of custody for same,with the exception of
motor vehicles and objects too large to store in department storage facilities. The Saline
County Sheriff's Office agrees to adopt and follow all current applicable Salina Police
Department policies and procedures pertaining to the handling,marking,packaging, and
submission for safe storage of Evidence, Found Property, and Other Contraband.
VII. Compensation
The County and City hereby mutually stipulate that the compensation as provided in this
agreement meets the requirements of K.S.A. 19-1930.
a. Jail Housing and Prisoner Services. In exchange for the services provided in
Section III of this agreement,the City shall compensate the County as follows:
i. 2020. The City shall pay to the County a fixed sum of$559,948.90 for
the period beginning March 1, 2020, and ending December 31, 2020, for
services provided to City Prisoners. This shall be paid in up to 10
installments.
ii. 2021. The amount due shall be determined by dividing the 2020 amount
by 10 and multiplying the result by 12,then increasing or decreasing that
result by the change in the consumer price index (CPT-U) for the 12-
month period of December 2019 through November 2020,provided that
the CPI-U for that period does not exceed 5%. In the event that the CPi-
U does exceed 5%,the parties hereto shall engage in additional
negotiation to determine a mutually acceptable adjustment.
b. Fingerprinting
i. The cost of fingerprinting and mug shots for City Prisoners booked into
the Jail shall be included in the jail services provided.
ii. Fingerprinting and mug shots for individuals ordered by the Municipal
Court to be fingerprinted by the County but whom are not booked into
the Jail will be charged to the City.
iii. Fingerprinting cost. The cost of fingerprinting shall be$11,376.90 for the
remaining ten months of 2020. The cost will be adjusted for 2021
pursuant to the same procedures as used for jail cost adjustment under
Section VII(a)(ii)of this agreement.
c. Consolidated Dispatch
i. Cost of the consolidated dispatch center shall be allocated among the
City and the County according to the proportion of Calls for Service
processed for each entity. The City portion shall include Calls for
Services related to the City police Department, City Fire Department,
and Emergency Medical Service. The County portion shall include Calls
for Service processed for the County Sheriff s Office and Rural Fire
Districts.
ii. 2020. The County shall pay to the City a fixed sum of$125,646.80 for
dispatch services for the remaining ten months of the year.
iii. 2021. The cost will be adjusted for 2021 pursuant to the same procedures
as used for jail cost adjustment under Section VII(a)(ii)of this
agreement.
d. Evidence custody and control
i. The City and the County agree to equally share the costs of one full-time
Evidence Technician including salary, full benefits,merit increases, and
overtime pay to be employed by the City to work in the Property and
Evidence section of the Salina Police Department.
ii. 2020. The County shall pay the City a fixed sum of$26,843.00 for
Evidence custody and control for the remaining ten months of the year.
iii. 2021. The cost will be adjusted for 2021 pursuant to the same procedures
as used for jail cost adjustment under Section VII(a)(ii)of this
agreement.
iv. In the event the Sheriff s Office requests that storage be provided for
motor vehicles or other objects too large to store in the Department
storage facility the County will reimburse the City for all costs associated
with securing and maintaining offsite secured storage.
VIII. Billing
a. The County shall bill the City each month for the net amount due by the
following calculation:
2020 Amount
Monthly amount due for Prisoner Housing $55,994.89
Plus monthly amount due for Fingerprinting 1,137.69
Less monthly amount due for Dispatch services (12,564.68)
Less monthly amount due for Evidence custody (2,684.30)
Net monthly charge,2020: $41,883.60
b. Submittal. The billing shall be submitted to the Salina Municipal Court.
c. Timeliness. The billing shall be prepared and distributed within 30 days of the
close of the calendar month.
IX. Preparation for future agreement.
a. On or before March 31, 2020,the City Manager and County Administrator shall
select three staff representatives from the City and three from the County who
shall comprise a Data Evaluation Staff Working Group(the"Working Group").
b. It shall be the responsibility of the Working Croup to meet and,not later than
June 15, 2020,make a report to the City Manager and the County Administrator
which identifies information needs, data collection methods and reporting
methodologies to evaluate the current costs of providing each of the services
specified in Sections III through VI of this agreement.
c. Both City and County agree to collect data according to the methods and
methodologies identified by the Working Group commencing July 1,2020, and
ending June 30,2021 (the"Measurement Period").
d. Following the conclusion of the Measurement Period,the City Manager and
County Administrator shall evaluate the data collected, determine the relative
costs of the services specified in this agreement together with any other changes
desired, and recommend to their respective governing bodies a replacement
agreement.
X. Duration of Agreement. This agreement shall continue until December 31, 2021. In the
event that a replacement agreement is not entered into prior to January 1,2022,this
agreement shall continue on a month-to-month basis with the costs adjusted according
to the CPI-U as specified in Section VII(a)(ii)above.
XI. Hold Harmless. Each party to this agreement shall hold the other harmless from any
liability for any matters of any nature whatsoever arising out of the services provided
pursuant to this agreement except for liability resulting from any intentional willful or
negligent act on the part of the City of Salina or Saline County or any officers or
employees thereof.
IN WITNESS WHEREOF, each of the parties hereto has executed this agreement to be in
effect as of the date first stated above.
CITY OF SALINA, KANSAS
I
By: Michael L. Hoppock, r
ATTEST:
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Shandi Wicks, CMC, City Clerk
SA OUNTY BOARD OF COMMISSIONERS
By: Robert H. Vidricksen II, Chairman
ATTEST:
J e R. Doss, County Clerk
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