HomeMy WebLinkAboutOrdinance 19531-01-2011Ordinance No. 19531-01-2011
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE GENERAL FUND IN THE AMOUNT OF $317,998.00, AND DECREASING THE
UNAUDITED, UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME
AMOUNT, FOR THE PURPOSE OF PROVIDING ADDITIONAL FUNDS FOR
DETENTION AND HOSPITAL GUARD SERVICES FOR FORT WORTH PRISONERS;
PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2010-2011 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the
General Fund in the amount of $317,998.00, and decreasing the unaudited, unreserved, undesignated fund
balance by the same amount, for the purpose of providing additional funds for detention services for Fort
Worth prisoners.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void
for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way
impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining
provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No.19355 and all other ordinances and appropriations
amending the same except in those instances where the provisions of this ordinance are in direct conflict
with such other ordinances and appropriations, in which instance said conflicting provisions of said prior
ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
ssistant City Attorney
ADOPTED AND EFFECTIVE: January 25, 2011
City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 1/25/2011 -Ordinance No. 19531-01-2011
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DATE: Tuesday, January 25, 2011 REFERENCE NO.: G-17190
LOG NAME: 3535JAILGUARDSVC2010
SUBJECT:
Authorize an Increase to the Maximum Amount to be Paid to the City of Mansfield for Detention and
Transport Services and Texas Industrial Security, Inc., for Detention and Hospital Guard Services of Fort
Worth Prisoners by a Combined Sum of $317,988.00 and Adopt the Supplemental Appropriation
Ordinance Increasing Appropriations in the General Fund by $317,988.00 and Decreasing the Unaudited,
Unreserved, Undesignated General Fund Balance by the Same Amount
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize an increase in the maximum amount to be paid to the City of Mansfield for prisoner detention
and transport services by $172,998.00 and to Texas Industrial Security, Inc., for guarding Fort Worth
prisoners at John Peter Smith Hospital and other medical facilities by $145,000.00; and
2. Adopt the attached supplemental appropriation ordinance increasing appropriations in the General
Fund by $317,998.00 and decreasing the unaudited, undesignated, unreserved fund balance by the same
amount.
DISCUSSION:
On August 8, 2006, City Council approved M&C C-21611 which authorized an interlocal agreement with
the City of Mansfield regarding provision of detention services for Fort Worth prisoners. That contract set
forth a base rate for services of $4,667,626.00 for the first year with provisions providing that the base rate
would increase yearly by 4 percent. By Fiscal Year 2009-2010, the base rate amount was $5,460,462.00.
The contract between the City of Fort Worth and the City of Mansfield additionally called for payment of a
"Daily Housing Rate" for every day that a prisoner remained in the Mansfield facility over seven days. That
rate has increased 4 percent annually as well, and the rate for the Fiscal Year 2010-2011 is $53.81 per
day.
In a letter dated December 29, 2009, the City of Mansfield notified the City of Fort Worth that beginning
October 1, 2010, Mansfield would no longer guard Fort Worth prisoners under care at area hospitals as
required by the agreement. It was hoped that the City of Mansfield would agree to forego the annual 4
percent increase in the base rate in exchange for its requested amendment. Because of the positive
nature of the negotiations through June 2010, the Police Department decided to budget for the detention
services without including the automatic 4 percent increase for FY 2010-2011, and therefore budgeted for
a base rate of $5,460,462.00. In early August 2010, the Department submitted a proposed amendment to
the City of Mansfield, omitting the 4 percent increase for FY 2010-2011. The City of Mansfield responded
that it could not agree to that proposal. Instead, the City of Mansfield agreed to extend the number of
days each prisoner would be kept before charging the City the "Daily Housing Rate." Previously the City
was charged for every day a Fort Worth prisoner remained in Mansfield over seven days, and the contract
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stated that the number of days would be reduced to five starting this fiscal year. The cities agreed to
increase the number of days that a Fort Worth prisoner would be housed to ten days before the Daily
Housing Rate would be assessed.
In light of the fact that the City of Mansfield would no longer be providing hospital guard services for Fort
Worth prisoners, the City of Fort Worth secured the professional services of Texas Industrial Security, Inc.
("TIS") to assume that role beginning on October 1, 2010. Fort Worth's contract with TIS sets forth an
hourly rate for guard services and it is estimated that the annual total expenditure based on the agreement
will not exceed $145,000.00, which must now be appropriated for that purpose.
Additionally, based on an average of the first two months of this fiscal year, it is projected that the City of
Fort Worth will owe the City of Mansfield an additional $75,000.00 total in connection with paying the
"Daily Housing Rate" for housing Fort Worth prisoners in excess of ten days. The amount previously
appropriated for this purpose is insufficient.
Finally, the 4 percent increase (totaling $210,017.78) in the base rate of the contract with the City of
Mansfield was not budgeted for in the FY 2010-2011 budget. Therefore, it now needs to be appropriated
for that purpose.
The above figures, for which the department did not budget, are offset by the amount that the City would
have paid the City of Mansfield for hospital guard services, estimated at around $112,020.00. Therefore, a
total of $317,998.78 must now be appropriated to meet the City of Fort Worth's jail detention needs.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached supplemental appropriation ordinance, funds will be available in the current
operating budget, as appropriated, of the General Fund. Upon approval, the unaudited, unreserved,
undesignated fund balance of the General Fund will exceed the minimum reserve as outlined in the
Financial Management Policy Statements.
FUND CENTERS:
TO Fund/Account/Centers
GG01 539120 0353501 $317,988.00 GG01 539120 0353501
CERTIFICATIONS:
Submitted for City Manager's Office b~ Charles W. Daniels (6199)
FROM Fund/Account/Centers
Originating Department Head:
Additional Information Contact:
Jeffrey W. Halstead (4210)
Monique Moore (4221)
$317,988.00
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