HomeMy WebLinkAboutContract 33979 CITY SECRETARY
CONTRACT NO. `1
INTERLOCAL COOPERATION AGREEMENT
FOR DETENTION SERVICES
This agreement ("Agreement") is made by and entered into by and between the City of
Fort Worth, Texas ("Fort Worth"), a home rule Municipal Corporation operating pursuant to the
laws of the State of Texas and the City of Mansfield, Texas ("Mansfield"), a home rule
Municipal Corporation operating pursuant to the laws of the State of Texas.
Whereas, Mansfield owns and operates the Mansfield Law Enforcement Center("LEC")
located at 1601 Heritage Parkway, Mansfield, Texas for the purpose of housing prisoners and
performing detention services; and
Whereas, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code,
authorizes local governments within the State of Texas to contract with one another for the
purpose of providing various governmental functions and the delivery of various governmental
services, including detention services; and
Whereas, Mansfield and Fort Worth mutually desire to enter into an agreement for the
housing of Fort Worth prisoners;
Now therefore, for the mutual consideration herein stated, Mansfield and Fort Worth
agree as follows:
Section 1.
Definitions
1.1 Arrested Person. Arrested person means any person arrested by an agent of Fort Worth
but not yet detained in the Transfer Facility or the LEC.
1.2 Bookina, or Book-In. Booking or Book-In means the intake process by which prisoners
are received for confinement in the Transfer Facility or the LEC.
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1.3 Division Captain. Division Captain means the Fort Worth Police Department Support
Services Division Commander.
1.4 FWPD. FWPD means the Fort Worth Police Department and their personnel.
1.5 Jail Administrator. Jail Administrator means the LEC Jail Administrator.
1.6 LEC. LEC means the Mansfield Law Enforcement Center located at 1601 Heritage
Parkway in Mansfield, Texas.
1.7 MaQistration or Magistrate Services. Magistration or Magistrate Services means the
performance of that duty by a Texas magistrate to inform a prisoner of the charges they
are accused of, their rights under the laws of Texas and the United States, determine
probable cause for the arrest, review arrest affidavits and search warrants, set the amount
of bail for each charge, issue protective orders and all other matters authorized by law.
1.8 Prisoner or Inmate. Prisoner or Inmate means any prisoner arrested by an agent of Fort
Worth and detained at the Transfer Facility or the LEC, including any prisoner held only
for the violation of a city ordinance that does not implement state law regardless of
whether the prisoner has been magistrated, and any prisoner who was arrested by an
agent of Fort Worth on any charge or charges other than a city ordinance violation who
has not yet been accepted into the custody of the Sheriff by the lawful order of a
magistrate.
1.9 Prisoner Day. Prisoner Day means one (1) twenty-four (24) hour period or any part
thereof commencing when the prisoner is booked into the LEC.
1.10 Transfer Facilitv. Transfer Facility means the location in Fort Worth at which
Mansfield will pick up Prisoners for Book-in and transportation to the LEC.
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1.11 Daily Housing Rate. The daily housing rate will be $46.00 per day beginning on
October 1, 2006 and will increase by 4% each successive year of this Agreement, subject
to adjustment pursuant to Section 2.4 of this Agreement.
Section 2.
Term and Payment
2.1 Term. This Agreement shall be for an initial term ("Initial Term") of one year,
commencing on October 1, 2006 and ending on September 30, 2007. This Agreement
shall automatically annually renew for subsequent one year terms, commencing October
1 of each year and ending on September 30 of each year for nine (9) years after the Initial
Term until September 30, 2016 ("Subsequent Terms"), subject to the terms and
conditions set forth herein, unless either party notifies the other in writing ninety (90)
clays before any annual renewal date of this Agreement of such party's election not to
renew or extend this Agreement.
2.2 Payment by Fort Worth. For services rendered by Mansfield under this Agreement,
Fort Worth shall pay Mansfield the sum of$4,667,626.00 ("Annual Payment"), payable
in twelve equal monthly installments of $388,968.83 for the Initial Term. For each
Subsequent Term the Annual Payment will increase by four percent (4%) per year. Each
monthly payment shall be paid by Fort Worth to Mansfield and shall be due by the first
of each month beginning October 1st of each term of this Agreement.
2.3 Pavment for Guard Services. Mansfield agrees to provide Guard Services as
hereinafter defined for all Prisoners at area hospitals at a rate for the Initial Term of
S20.13 per hour for every hour or partial hour the Prisoner is guarded at the hospital. The
time to be calculated for payment of Guard Services will begin when the Mansfield
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personnel arrive at the hospital and relieve Fort Worth officers and end when the guard
detail is complete and allow for thirty minutes travel time to Mansfield. The rate will
increase 4% for each Subsequent Tenn, and will be subject to adjustment pursuant to
Section 2.4 of this Agreement. The payment from Fort Worth to Mansfield for the Guard
Services will be made monthly after a list of Prisoners guarded for the previous month is
provided by Mansfield and verified by Fort Worth.
2.4 Adiustment Date. Ninety (90) days prior to September 30, 2011, the parties may agree
to amend the Annual Payment Increase of four percent (4%), the Daily Housing Rate and
the payment for Guard Services, based upon actual costs of operations. If the parties
cannot reach agreement upon an adjustment in the Annual Payment increase, the parties
agree to the procedure established in Section 5 of this Agreement for dispute resolution.
2.5 Annual Cap for Prisoners Covered by Annual Payment. The Initial Term shall cover
LIP to 49,500 Prisoner Boole-ins ("Prisoner Cap"). Thereafter, the Prisoner Cap shall
increase by 10°ro each Subsequent Term of this Agreement. Should the number of
Prisoners exceed the Prisoner Cap, Fort Worth shall pay Mansfield the Daily Housing
Rate for each Prisoner Day which occurs during the remainder of the term. Should a
dispute or question arise regarding the number of Prisoner Book-ins, either party may
require an audit. To perform an audit, each party shall designate one auditor. If the
auditors cannot agree to a number within three percent (3%) of the other's determination,
the parties agree to the procedure established in Section 5 of this Agreement for dispute
resolution.
2.6 In the Event of a Reduced Number of Prisoners. In addition to other adjustments
required by Section 2, if within any one term the number of Prisoners housed at the LEC
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drops below 25,000 Prisoner Days for any reason other than Fort Worth opening and
operating its own detention facility, then the Annual Payment shall be reduced by five
percent (5%) for the Subsequent Term. The reduced Annual Payment for the Subsequent
Term shall be the basis for the computation of the Annual Payment for the next
Subsequent Term.
2.7 Release or Transfer of Class B and Above. Fort Worth shall leave Prisoners charged
with Class B misdemeanor offenses or above at the LEC for no longer than seventy-two
(72) hours after Boole-in or will provide a written explanation. In the Initial Term and the
first four Subsequent Terms, Fort Worth shall pay Mansfield the Daily Housing Rate for
each Prisoner who remains at the LEC after seven (7) Prisoner Days. In the fifth
Subsequent Term and thereafter, Fort Worth shall pay Mansfield the Daily Housing Rate
for each Prisoner who remains at the LEC after five (5)Prisoner Days.
Section 3.
General Duties of Mansfield
3.1 Scope and Duties. This Agreement shall apply to all Prisoners.
3.2 Housing and Care of Fort Worth Inmates. In consideration and in accordance with the
temis, conditions, covenants and mutual promises contained in this Agreement,
Mansfield agrees to accept and provide for the secure custody, care and safekeeping of
Prisoners, in accordance with state and local law, except for magistration and intoxilyzer
operation services. Mansfield staff will assist Fort Worth personnel at the Transfer
Facility as needed. Mansfield shall be solely responsible for all control, techniques,
sequences, procedures, means, and for the coordination of all work performed under the
terms and conditions of this Agreement in regard to the holding and incarceration of all
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Prisoners accepted into custody by Mansfield at the Transfer Facility. The actual
searching and detention of all Prisoners is the primary responsibility of Mansfield;
however, this does not preclude Fort Worth from assisting with combative or resisting
persons.
3.3 Book-In Services. Mansfield shall provide all Book-in services, including photographs
and fingerprints of all Prisoners at the Transfer Facility.
3.4 Bonding Services. Mansfield shall provide all bonding services, other than magistrate
services related to bonding, at the LEC.
3.5 Staffing of Transfer Facilitv. Mansfield shall staff the Transfer Facility with detention
officers.
3.6 Prisoner Statistics. Mansfield shall provide Fort Worth Jail Operations a daily listing of
all Prisoners in custody at the LEC including their names, the offenses with which they
are charged, the number of hours each Prisoner has been confined at the LEC and a
rwviing total of Prisoner Days and Book-ins for the current contract term.
3.7 Medical Services. Mansfield shall provide routine medical services to all Prisoners
housed at the LEC. Routine medical services include (i) those services authorized by law
to be provided by on-site staff and (ii) provision of non-prescription medicines and
commonly available medical supplies. Non-routine medical services shall be paid for by
the Prisoner. Non-routine medical services include but are not limited to (i) medical
services provided outside the Transfer Facility or the LEC, or by other than Mansfield
staff, (ii) prescription drugs, (iii) surgical or dental care, and (iv) any hospitalization or
ambulance transport. Costs for ambulance transportation (including emergency flights)
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are not included in the Annual Payment and shall be the financial responsibility of the
Prisoner.
3.8 'transportation.
(a) Mansfield shall be responsible for all transportation of Prisoners to and from the
Transfer Facility.
(b) Mansfield agrees to transport Prisoners from the LEC to the Transfer Facility for
interviews by the investigative units at 1030 hours and 1530 hours daily, if they
receive the request from the Fort Worth Jail Operations within two hours of the
respective transfer time.
(c) Mansfield agrees to return certain Prisoners to the Transfer Facility to allow
detectives to interview serious felony offenders (e.g., homicide, rape, aggravated
robbery, kidnapping) and sensational/notorious offenders, to execute search
warrants, for interviews when a translator is required, or for live line-ups or
exigent circumstances. Prisoners subject to this Subsection 3.8(c) may be
requested to be transferred at times other than those specified in Subsection 3.8(b)
above.
(d) Fort Worth Police and City Marshal personnel may directly transport any arrested
person to LEC.
(c) Mansfield shall provide a secure location in each transportation vehicle to safely
secure all property and arrest documents during transport.
3.9 Release Functions.
(a) Mansfield will perform all release functions and will release all Prisoners when
such release is requested in writing from a magistrate, the Fort Worth Chief of
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Police or designee, or otherwise authorized by law. The request for release shall
be accomplished utilizing Form PJ-10 or its equivalent form.
(b) Released Prisoners may request to be released at the Transfer Facility or may be
released at the LEC. If the Prisoner elects to be released at the Transfer Facility,
Mansfield shall return the Prisoner to the Transfer Facility on the next scheduled
transport van.
(c) Mansfield shall assist Fort Worth in releasing arrested persons, whom the FWPD
Jail Lieutenant directs to be released from the Transfer Facility.
(d) Mansfield shall provide all required documents and information, as required by
statute or directive, to all Prisoners who are released or bonded. Mansfield shall
make the notifications for release of family violence offenders required by Article
42.21 of the Texas Code of Criminal Procedure and return the completed
notification form to Fort Worth.
3.10 Guard Services. Mansfield agrees to provide corrections personnel or peace officers to
guard the Prisoners within two hours of notification by Fort Worth that a prisoner is
being taken to a local area hospital for treatment ("Guard Services"). Prisoners charged
only with Class C misdemeanor violations will not be subject to Guard Services except in
cases where a judge has ordered their confinement. Mansfield will transport the prisoner
to the Transfer Facility for processing as soon as the prisoner is released by the medical
facility.
3.11 Translation. Mansfield shall provide language translators at the LEC when necessary to
communicate commands or instructions during incarceration. This does not preclude Fort
Worth from using qualified personnel to assist with language translations.
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3.12 DNA Collection. Mansfield agrees to collect DNA samples from all applicable Prisoners
in accordance with state law, and shall comply with statutes concerning record keeping
associated with collection of the DNA samples.
3.13 Video Arraignment. Mansfield shall provide adequate space for video arraignment to be
conducted at LEC.
3.14 LEC Maintenance. Mansfield shall be responsible for maintenance and repairs at LEC.
Mansfield shall maintain all areas designated as "public access" at the LEC at a clean and
safe condition. The LEC sliall also comply with Mansfield's City Code, and all State and
Federal regulations and standards.
3.15 Operations and Staffing. Mansfield shall retain complete control of the operations at
LEC. Mansfield accepts responsibility for the direct handling of arrested persons and
their property at the Transfer Facility. Mansfield further accepts responsibility for
staffing the security control console, however this does not preclude Fort Worth from
providing relief staffing at the console.
3.16 Vehicle Maintenance. Mansfield shall be responsible for maintenance and repairs to all
transportation vehicles.
3.17 Prisoner's Personal Propertv. Mansfield shall handle all arrested persons' and
Prisoner's personal property presented by Fort Worth, except as provided in Section 4.9.
3.18 Prisoner Testing. Mansfield agrees that if a FWPD officer experiences an exposure to a
blood-borne pathogen and the source is under the control and custody of LEC, LEC
medical staff may be requested to seek voluntary consent from the source and draw the
necessary blood for testing. If LEC medical personnel are unavailable, Mansfield shall
allow the Fort North Fire Department's EMS personnel to enter the LEC to seek the
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necessary consent and draw the blood sample to deliver to a Fort Worth-designated lab
for testing. The lab costs of testing a source that exposes a FWPD officer to an infectious
disease shall be the responsibility of Fort Worth.
Section 4.
General Duties of Fort Worth
4.1 Payment. Fort Worth agrees to make each of the payments due under this Agreement in
a timely manner.
4.2 JIVIa,-istrate Services. Fort Worth agrees to provide magistrate services for all Prisoners
housed in the LEC.
4.3 Prisoner Information. Each Prisoner delivered to the custody of Mansfield shall be
accompanied by classification data and other warrant and arrest information in the
possession of Fort Worth regarding each Prisoner. Fort Worth shall exercise due
diligence in advising Mansfield of any known dangerous information regarding each
Prisoner delivered to Mansfield. Fort Worth shall use the designated form to notify
Mansfield of any changes in the Prisoner's status, including, but not limited to, adding of
charges, dropping charges, and change of charges.
4.4 Computation of Confinement. Fort Worth shall be responsible for the computation and
processing of a Prisoner's time of confinement, including but not limited to computation
of good time awards, credit and discharge dates. It shall be the responsibility of Fort
Worth to notify Mansfield of any discharge date for Prisoners.
4.5 Interpreters. Fort Worth shall provide interpretive services for the magistration of all
Prisoners.
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4.6 Stationary Guard. If a Prisoner is taken to a medical facility before being transferred to
the LEC, Fort Worth shall provide the stationary guard of the prisoner at the medical
facility until Mansfield personnel can respond to perform Guard Services. Fort Worth
shall notify Mansfield Nvhen a Prisoner is transported to the hospital prior to transfer to
the LEC, requesting Mansfield to conduct Guard Services.
4.7 Transfer Facility Maintenance. Fort Worth shall maintain responsibility for the
maintenance and improvements at the Transfer Facility. All areas designated as "public
access" at the Transfer Facility shall be maintained by Fort Worth in a clean and safe
condition. The Transfer Facility shall also comply with Fort Worth's City Code and all
State and Federal regulations and standards.
4.8 Translation. Fort Worth shall provide language translators for arrested persons during
intoxilyzer tests, Magistration and during any departmental or criminal investigation.
When a translator is employed, information necessary to conduct the booking process
shall be also obtained.
4.9 Prisoner's Personal Property. The Fort Worth arresting officer shall place any
Prisoner's personal property that measures larger than the property storage system
utilized by 1Vtarnsfield in the Fort Worth Police Property Room. These personal property
requirements shall be clearly posted in the LEC's safety vestibule area.
4.10 Prisoner Testin,,. if a FWPD officer is exposed to a blood borne pathogen, and the
Prisoner has been transported to LEC, Fort Worth shall be responsible for the cost of
necessary lab testing of the source. Mansfield shall assist as set forth in Section 3.18.
4.11 Response and Inyesti(,)ation. Fort Worth shall be responsible for responding to escapes
and attempted escapes, large disturbances, and any major incident that occurs within the
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Transfer Facility. Fort Worth shall have the primary responsibility to investigate all In-
Custody deaths and Critical Police Incidents (as defined by FWPD General Orders)
which occur during detention by Fort Worth personnel or at the Transfer Facility.
4.12 Transfer Facility Equipment. Fort Worth shall provide all necessary bedding, prisoner
restraint devices, property control items and other such related equipment required for the
Transfer Facility. This does not preclude Mansfield from supplying equipment for use at
the Transfer Facility.
4.13 Arrest Documentation. Fort Worth shall complete all arrest related documents, except
those which are electronically generated at the time of booking (TRN). Fort Worth shall
be responsible Cor routing all arrest documents to the appropriate destination.
4.14 Alansfield Office Space. Fort Worth is responsible for providing adequate office space
for Mansfield personnel at the Transfer Facility, including an LEC Lieutenant's office, a
report writing room and a break room.
Section 5.
Dispute Resolution
5.1 Dispute Resolution Team. The parties agree to establish a dispute resolution team to
resolve any conflicts regarding this Agreement, including but not limited to compliance
with the terms of this Agreement, disputes regarding an audit performed according to
Section 2 or 3 of this Agreement, or contract negotiations regarding any annual renewal
of this Agreement. The team shall be composed of: The Mansfield Director of Public
Safety or designee, the Fort Worth Chief of Police or designee, the LEC Jail
Administrator, the Fort Worth Jail Division Commander, and a County or District Judge
agreed upon by the other members of the team.
5.2 1\'Iediation. Should the Dispute Resolution Team fail to resolve any dispute, the parties
agree to participate in mediation within twenty (20) days. If the parties fail to resolve
their dispute in mediation, either party may bring suit in District Court in Tarrant County
and nothing occurring during mediation shall be considered competent evidence in such
CO Urt.
Section 6.
Responsibility for Losses
6.1 Non-Liability for Acts of Other Partv. Fort Worth, its officers and employees, shall
not be liable for any claims, damages, and attorney fees arising from the negligent or
illegal acts of N/lansfield, its officers or employees in relation to the performance of this
Agreement or the condition of real or personal property controlled by Mansfield.
Mansfield, its officers and employees, shall not be liable for any claims, damages and
attorney fees arising from the negligent or illegal acts of Fort Worth, its officers or
employees in relation to the performance of this agreement or the condition of real or
personal property controlled by Fort Worth.
6.2 Comparative Responsibility. If both Fort Worth and Mansfield are found to be liable
for any claims, damages or attorney fees arising from the negligent or illegal acts of
Mansfield and Fort Worth employees under this Agreement, Mansfield and Fort Worth
shall be liable for the portion of the claims, damages and attorney's fees that arise from
the negligent or illegal acts of that party as determined by the court adjudicating the
matter or as agreed in any settlement.
6.3 Workers Compensation. If any Fort Worth officer or employee suffers any loss while
performing duties contemplated by this Agreement, Fort Worth shall be at risk for the
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liability for the loss under its workers compensation insurance. If any Mansfield officer
or employee suffers any loss while performing duties contemplated by this Agreement,
Mansfield shall be at risk for the liability for the loss under its workers compensation
insurance.
Section 7.
Performance Standards and Standard Operating Procedures
7.1 Standard Operating Procedures. Fort Worth and Mansfield agree to share copies of
their Standard Operating Procedures for jail operations to be included as an addendum to
this Agreement. The Standard Operating Procedures will become an addendum to this
Agreement upon approval by both the Fort Worth and Mansfield Chiefs of Police.
7.2 Joint Development. Fort Worth will cooperate with Mansfield in jointly developing
agreed upon Pcrlormance Standards and Standard Operating Procedures.
7.3 Monthly Compliance Report. The Jail Administrator and the Division Captain shall
complete a monthly report concerning compliance with all Performance Standards listed
in this Agreement. Once reviewed by the respective Chiefs of Police, these reports shall
be exchanged before the 10"' day of the subsequent month. The Jail Administrator and
Division Captain shall audit and reconcile these reports. If the Jail Administrator and the
Division Captain are unable to reconcile the reports, the issue shall be forwarded to the
Dispute Resolution Team for action.
7.4 Mansfield Non-Compliance. If Mansfield fails to comply with any assigned
Performance Standard, they shall agree to credit Fort Worth the Daily Housing Rate x 2.5
for each incident exceeding the amount specified in the Performance Standards.
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7.5 Tort Worth Non-Compliance. If Fort Worth fails to comply with any assigned
Performance Standards, they shall agree to pay Mansfield the "Daily Housing Rate" x 2.5
for each incident exceeding the amount specified in the Performance Standards.
7.6 Reconciliation. A monthly accounting of the credits and payments made pursuant to this
Section 7 shall be maintained and shall be reconciled in the September monthly payment
of each contract year.
Section 8.
Notice
8.1 in General. Notice to either party shall be in writing, and maybe hand-delivered, or sent
postage-paid by certified or registered mail, return receipt requested. Notice shall be
deemed effective if sent to the parties and addresses designated herein, upon receipt in
case of hand delivery, and three (3) days after deposit in the U.S. Mail in case of mailing.
8.2 To Fort Worth. The address for Fort Worth for all purposes of this Agreement and for
all notices hereunder shall be:
Agreement and Cor all notices hereunder shall be:
Charles Boswell, City Manager
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
With a copy to:
Ralph 1\4endoza. Chief of Police
Fort Worth Police Department
350 W. Belknap
Fort Worth, Texas 76102
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8.3 To Mansfield. The address for Mansfield for all purposes under this Agreement and for
all notices hereunder shall be:
Agreement and for all notices hereunder shall be:
Clay Chandler, City Manager
City of Mansfield
1200 E. Broad Street
Mansfield, Texas 76063
With a copy to:
Steve Noonkcster, Director of Public Safety
Mansfield Poll cc Departnncnt
1305 cast Broad Street
Mansfield, Texas 76063
Section 9.
Termination
9.1 Termination. This Agreement shall terminate on the occurrence of any one of the
following events, unless otherwise agreed to in writing by both parties:
(a) The timely notification by either party of an election not to renew and extend as set
out in 2.1 herein.
(b) September 30, 2016, unless extended by agreement of the parties;
(c) If for any reason after 90 days prior to the termination date of any term, and before
September 15`x' of any year, Fort Worth's City Council fails to appropriate funds
sufficient for Fort Worth to fulfill its obligations under this Agreement, Fort Worth
nnay terminate this Agreement to be effective (1) thirty (30) days following delivery
by Fort Worth to Mansfield of written notice of Fort Worth's intent to terminate or
(2) the last date for which finding has been appropriated by Fort Worth's City
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Council for Fort Worth to fulfill its obligations under this Agreement, whichever
effective date is sooner;
(d) The happening of any event that renders performance hereunder by Mansfield
impracticable or impossible, such as severe damage to or destruction of the LEC, or
actions by governmental or judicial entities which create a legal barrier to the
acceptance of any arrested person or Prisoner; or
(e) Material violation of a Performance Standard or Standard Operating Procedure that
has been adopted in accordance with this Agreement.
9.2 Prorated Compensation. In the event of such termination by either party, Mansfield
shall be compensated for all services performed to termination date, together with
reimbursable expenses then due and as authorized by this Agreement. In the event of
such termination should Mansfield be overcompensated for all services performed up to
termination date, and/or be overcompensated for reimbursable expenses as authorized by
this Agreement, then Fort Worth shall be reimbursed for all such overcompensation
within 30 days after termination. Acceptance of such reimbursement shall not constitute
a waiver of any claim that may otherwise arise out of this Agreement.
Section 10.
Miscellaneous Provisions
10.1 Amendments. This Agreement shall not be modified or amended except by a written
instrument executed by the duly authorized representatives of both parties and approved
by both City Councils.
10.2 Billing. For all amounts owed under this Agreement other than the regular monthly
payments, Alarnsfield shall submit an itemized invoice for the services provided each
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month to Fort Worth. Invoices will be submitted to the following by mail, facsimile
transmission, or personal hand-delivery:
Fort Worth Chief of Police
Fort Worth Police Department
350 W. Belknap Street
Fort Worth, Texas 76102
Fort Worth shall make payment to Mansfield within thirty (30) days after receipt of
invoice. Payment shall be remitted to:
Director of Finance
City of Mansfield
1200 E. Broad Street
Mansfield, Texas 76063
Amounts that are not timely paid in accordance with the above procedure shall bear
interest at the lesser of the annual percentage rate of ten percent (10%) or the maximum
legal rate applicable thereto, which shall be a contractual obligation of Fort Worth under
this Agreement.
10.3 Partv Communication. The Jail Administrator and Division Captain shall act as the
departmental liaisons in matters concerning the Agreement. This does not preclude the
Fort Worth Jail Lieutenant and LEC personnel from communicating and addressing
operational issues as they arise.
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10.4 Prior Agreements. This Agreement contains all of the Agreements and undertakings,
either oral or written, of the parties with respect to any matter mentioned herein. No prior
Agreement or understanding pertaining to any such matter shall be effective.
10.5 Choice of Law and Venue. The law which shall govern this Agreement is the law of the
State of Texas. All consideration to be paid and matters to be performed under this
Agreement are payable and to be perfonned in Tarrant County, Texas, and venue of any
dispute or matter arising tinder this Agreement shall lie in the District Court of Tarrant
County, Texas.
10.6 Approvals. The City Council of Fort Worth and the City Council of Mansfield, in
accordance with the Interlocal Cooperation Act, must approve this Agreement.
10.7 Funding Sources. In accordance with the Interlocal Cooperation Act, all amounts due
under the Agreement are to be paid from the then-current revenues of Fort Worth, in the
year that services are rendered.
10.8 Headings. Headings herein are for convenience of reference only and shall not be
considered in any interpretation of this Agreement.
10.9 Binding Nature of Agreement. This Agreement is contractual and is binding upon the
parties hereto.
10.10 Severability. hi the event that any portion this Agreement shall be found to be contrary
to law it is the intent of the parties hereto that the remaining portions shall remain valid
and in full force and effect to the extent possible.
10.11 Independent Contractor. Mansfield, its agents, officers, and employees are associated
with Fort `Vorth only for the purposes and to the extent set forth in this Agreement. With
respect to the perforniance of the services provided by Mansfield herein, Mansfield is and
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shall be an independent contractor and subject to the terms of this Agreement shall have
the sole right to manage, control, operate, and direct the performance of the details of its
duties tinder this Agreement. Mansfield, its agent, officers, and employees shall not be
considered agents or employees of Fort Worth, but shall at all times act as an independent
contractor. Likewise, Fort Worth, its officers, employees, and agents are associated with
Mansfield only for the purposes and to the extent set forth within this Agreement. With
respect to arnv duties required of Fort Worth set out herewith, Fort Worth is, and shall be
an independent contractor and subject to the terms of this Agreement shall have the sole
right to nlaiia-c, control, operate and direct the performance of the details of its duties
under this Agrcennent. Fort Worth, its agents, and employees shall not be considered
agents or ennplovecs of Mansfield,but at all times act as an independent contractor.
10.12 Defenses or Immunities. By entering into this Agreement, neither Fort Worth nor
Mansfield waives any defenses or innnlunities, which may be extended to it by operation
of law, including sovereign immunity and any limitation on the amount of damages.
10.13 Authority. Tlnc undersigned officers and/or agents of the parties hereto are the properly
authorized officials and have the necessary authority to execute this Agreement on behalf
of the parties hereto, and each party hereby certifies to the other that any necessary
resolutions extending said authority have been passed and are now in full force and
effect.
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Executed in nniltiple originals oil this the Odayof , 2006
Clay Cha filer CharlesoVorth,
1City of Mansfield, Texas City of orexas
Attest: Attest:
S—A-�City Secretary City Secretary
City of Mansfield, Texas City of Fort Worth, Texas
APPROVED AS TO DORM AND LEGALITY: or tr t orizatiou
-1 Date
Betsy El tt rney David L. Yett, Cit Attorney
City o Isfiel City of Fort Worth
Director of Pub is Safety Chief of Police
City of Mansfield, Texas City of Fort Worth, Texas
Attest: Attest:
City of Mansfield, Texas City of Fort Worth, Texas
ATTACHMENT
Section 1
Performance Standards—City of Mansfield
1.1 Accepting Prisoners.
There shall be no longer than a twenty-minute delay before Mansfield personnel take
custody of Prisoners from Fort Worth personnel, except in circumstances involving
medical cnlcrgcncies or when ten (10) or more Prisoners are waiting. The twenty-minute
time limit shall begin when Fort Worth presents an arrested person at the safety vestibule
door. Three or more documented delays per month shall constitute a failure to comply
with this Standard.
1.2 Transportation.
The transport of Prisoners to and from the LEC shall not exceed forty-five minutes,
except when delayed by transporting Prisoners to any approved additional destinations,
weather conditions, mechanical failure or uncontrolled traffic delays. Mansfield
personnel shall respond within forty-five minutes of being notified that there are
prisoners to be transported from the Transfer Facility or any area hospital. Inmates
released at Mansfield may request transportation back to the Holding Facility on the next
available transport; no special trips will be authorized. Three or more unapproved delays
per month shal l constitute a failure to comply with this Standard.
1.3 Sustained Prisoner Complaints.
Mansfield shall investigate all prisoner complaints concerning abuse, mistreatment, or
stolon property against their personnel at the Transfer Facility or in the LEC. The
investicyation of these complaints shall be completed within 120 days and the findings
immediately provided to FWPD, if requested. Mansfield personnel who witness, are
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advised of or determine any misconduct by FWPD personnel, shall immediately notify
the FWPD Jail Lieutenant or Division Captain. Three or more sustained complaints per
month shall constitute a failure to comply with this Standard.
1.4 Transfer Facilitv Staffing Levels:
Mansfield shall maintain adequate staffing levels at the Transfer Facility to perform the
functions of booking to include the photographing and fingerprinting of all arrested
persons. At least seven Mansfield personnel will be on duty in the Transfer Facility.
These staffing levels may be altered with written concurrence of both Chiefs of Police.
Failure to maintain these staffing levels three or more times in a three month period shall
constitute a failure to comply with this Standard.
Section 2.
Performance Standards—City of Fort Worth
2.1 Medical Care.
Before presenting arrested persons to Mansfield at the Transfer Facility or LEC, Fort
Worth shall transport persons for medical care who are in obvious need of treatment or
persons whom Fort Worth should reasonably determine, through circumstances of the
arrest or known circumstances prior to the arrest, require medical treatment. If Fort
Worth fails to provide medical treatment for ill or injured arrested persons six or more
times per month, this shall constitute a failure to comply with this Standard.
2.2 Contraband/Weapons.
Fort Worth shall thorou-hly search all arrested persons, any bag,purse or other container,
removing all weapons and contraband that should have been reasonably located. Five or
more incidents per month of leaving weapons or contraband in locations the officer
should reasonably have searched shall constitute a failure to comply with this Standard.
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FWPD retains the right to assign personnel to conduct "Proper Search of Arrested
Persons" training at the Transfer Facility prior to releasing the person to Mansfield for
processing. This Standard shall apply to FWPD personnel who enter the safety vestibule
or Transfer Facility with a firearm, ASP or any unsecured or visible knife. This Standard
shall not apply to any contraband located inside articles of underclothing, inside socks or
in any location a routine search would not reasonably be expected to have resulted in the
discovery of the contraband.
2.3 Arrest Documents.
At the tine of transport from the Transfer Facility to LEC, FWPD shall present all
necessary arrest documents to the Mansfield transportation personnel. Prisoners that are
not presented with the necessary documents at the time of transport shall not be
transported. In exigent circumstances (undercover Narcotics or Vice arrest, mass arrests
or civil disturbances) or when approved by the FWPD Jail Lieutenant and MLEC
Supervisor on duty at the Transfer Facility, receipt of the arrest documents may be
delayed, not to exceed the time it is required to make one transportation trip (cycle) from
the Transfer Facility to LEC. Three or more instances of arrest documents delayed
beyond one transportation cycle per month, shall constitute a failure to comply with this
Standard.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/8/2006
DATE: Tuesday, August 08, 2006
LOG NAME: 35JAIL2007 REFERENCE NO.: C-21611
SUBJECT:
Authorize Execution of a Contract with the City of Mansfield for Detention Services
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with the City of
Mansfield for detention services.
DISCUSSION:
The Mansfield Law Enforcement Center provides detention services, including booking, transferring and
detention of prisoners arrested by the City of Fort Worth. The current contract with the City of Mansfield
expires September 30, 2006. A new contract has been negotiated that will continue current services and
also provide for guard services, at an additional charge, when a prisoner is guarded at a hospital.
The initial agreement calls for Mansfield to be paid $4,667,626 annually in payments of $388,968.83 per
month for the initial 12 month period to begin on October 1, 2006, and end September 30, 2007. For each
subsequent term the annual payment will increase by 4%. This agreement shall automatically renew for
one year terms for nine years until September 30, 2016, unless either party chooses to not to renew this
agreement.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds will be budgeted in the City Manager's FY2006-2007 proposed
budget for the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 539120 0353501 $5,015,000.00
Submitted for City Manager's Office W. Joe Paniagua (6191)
Originating Department Head: Ralph Mendoza (4210)
Additional Information Contact: Kara Shuror (4221)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/9/2006