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HomeMy WebLinkAbout2008-08-18-Resolutions 08-199_Jail Services - 28E Agr - Dallas CountyTHE CITY OF WAUKEE,IOWA RESOLUTION 08-199 ADOPTING AGREEMENT AMONG AND BETWEEN DALLAS COUNTY AND CITY OF WAUKEE,IOWA FOR JAIL SERVICES (2008) IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,Dallas County Sheriffs Office and Jail are scheduled to undergo renovations which require vacating the Dallas County Jail building,commencing on or about August 18, 2008,for a period of approximately 4 to 9 months;AND, WHEREAS,the Dallas County Sheriff will necessarily require continued provisions for the housing of inmates during said term;AND, WHEREAS,requirements of housing inmates in particular and the short term anticipated for substitute housing encourages agreements with other facilities presently available to house inmates;AND,I)WHEREAS,the City of Waukee,Iowa,is willing and able to undertake the housing and management of Dallas County inmates during that term; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa, that the City of Waukee shall undertake with Dallas County,Iowa,an agreement for the housing and management of Dallas County inmates pursuant to the following provisions consistent with Chapter 28E of the Iowa Code: 1.Duration.For the period of 4 to 9 months,more or less,as conditions in the renovation of the Dallas County Jail space allow for the habitation of inmates and staff,commencing on or about August 18,2008,dependent upon the development of plans,the letting of bids,and the contractor's availability to commence work on the renovation project,and terminating upon completion and acceptance of said project by the Dallas County Board of Supervisors and thereafter upon arrangements to return inmates to the Dallas County Jail. 2.Administration.No separate organization is contemplated.The Waukee City Police Chief and Dallas County Sheriff are designated as joint administrators of this agreement. 3.Acquisition and Disposition of Property.It is contemplated that no real or personal property will be financed or otherwise acquired in the performance of this agreement. Any property that is acquired by the Dallas County Sheriff s Office for the purpose of housing and caring for Dallas County inmates during the duration of this agreement that becomes permanently attached to or becomes a part ofthe Waukee City Jail Facility will remain as a part ofthat facility after the dissolution of this agreement. This does not include any type of computers,computer monitors,keyboards,printers, or any type of telephone equipment. 4.Purpose.The purpose of this agreement is to provide for the continued housing of Dallas County inmates during the term that the Dallas County Jail and Sheriff's office is under renovation,commencing on or about August 18,2008 until the renovation is complete,the work accepted,and arrangements are made to return Dallas County inmates to the Dallas County Jail facility.This is a non-exclusive agreement.It is the intent of the parties that "mid term"prisoners for Dallas County be housed at the Waukee City Jail facility,and that other facilities will also be used for the housing of Dallas County inmates,depending upon the availability of the Waukee City Jail facility and other facilities. 5.Operation.The City of Waukee will provide to the Dallas County Sheriff,for jail operations and jail administration purposes,space within the City of Waukee Police Department consisting of cells,cellblocks,and associated areas useful for the operation of an inmate holding facility.The Dallas County Sheriff will staff said facility with Dallas County Personnel.The Dallas County Sheriff will maintain full operation control and legal responsibility for the inmates maintained under the authority of the Dallas County Sheriff at said facility during the term of this agreement.The City of Waukee provides neither operational nor legal control over inmates or the Dallas County Sheriff's Office and Jail Staff that may be within the facility.The City of Waukee merely provides the facility.The Dallas County Sheriff assumes all responsibility for ensuring that the facility is physically adequate,and remains physically adequate for the housing of inmates. 6.Financial.The County of Dallas County is responsible for all costs in the continued operation of the housing and maintenance of inmates that may be housed in the Waukee facility.This responsibility includes but is not limited to all income, employment and other similar taxes required to be withheld or paid with respect to services provided Dallas County directly to the appropriate governmental agency. Dallas County shall be solely responsible for all costs associated with personnel employed by Dallas County including but not limited to,compensation,taxes, benefits,workers compensation,unemployment,and any and all liability,which may arise by virtue of their employment and the County's activities in conjunction with this agreement.The City of Waukee shall have no liability of any kind in any way related to the presence of employee's employed by the County that may be assigned to or work at the Waukee City Jail under this agreement,and the County agrees to defend and hold harmless the City of Waukee,its employee's agents and officials from and against any and all claims,demands,suites,or loss,of whatever nature whatsoever,for any and all costs expenses or payments expended or incurred by the City in connection with any such action. 7.Termination.This agreement may be terminated before the conditions described in paragraph 1,above upon 30 days written notice by either party,pursuant to a short- term lease adopted pursuant to this agreement. 8.Hold HarmlessJIndemnification.Dallas County agrees to defend,pay on behalf of, indemnify,and hold harmless the City of Waukee,its employees,agents and officials from and against any and all claims,demands,suits or loss,of whatever nature whatsoever,for any and all costs expenses or payments expended or incurred by the City of Waukee,including any and all outlay and expense connected therewith and for any damages which may be asserted,claimed or recovered against or from the City of Waukee,which arises out of or is connected to or associated or in any manner related to the activities undertaken by Dallas Connty,their agents or employees,or inmates under this agreement,or their presence,actions,inactions or activities in the Waukee City Jail. 9.Effective Date.This agreement is effective on filing and recording upon approval of the statutory officers of the affected agencies and as authorized by the governing bodies of the respective municipalities. Said Jail Service Agreement with Dallas County being approved by resolution of the City Council of the City of Waukee,Iowa,on the is"day of August,2008,upon discussion and vote within a public meeting for which such topic duly appeared upon the published agenda. Attest: j ROLL CALL VOTE Donald L.Bailey,Jr. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE X X NAY ABSENT ABSTAIN X X X