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HomeMy WebLinkAboutContract 33979-A1 CITY SECRETARY CONTRACT NO. �1� - Al FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 33979 INTERLOCAL COOPERATION AGREEMENT FOR DETENTION SERVICES BETWEEN THE CITY OF FORT WORTH AND THE CITY OF MANSFIELD THIS Amendment is made between the City of Fort Worth, Texas ("Fort Worth"), a municipal corporation, acting herein by and through Charles W. Daniels, its duly authorized Assistant City Manager, and the City of Mansfield ("Mansfield") a home rule Municipal Corporation operating pursuant to the laws of the State of Texas, acting by and through Clay Chandler, its duly authorized City Manager. WHEREAS, Fort Worth and Mansfield entered into an Agreement identified as City Secretary Contract No. 33979 for a period beginning October 1, 2006 and ending September 30, 2007 with subsequent automatic renewals for nine one-year periods; and WHEREAS, it is the mutual desire of the parties to amend the agreement to reflect negotiated changes in service levels and compensation. NOW THEREFORE, KNOW ALL BY THESE PRESENT: 1. City Secretary Contract No. 33979, currently on file in the office of the City Secretary of the City of Fort Worth and with the City of Mansfield, is hereby amended as follows. 2. Section 2.3 "Payment for Guard Services" is deleted in its entirety and replaced to read as follows: 2.3 Payment for Guard Services. In accordance with Section 3.10, Mansfield will transport and provide guard services for Prisoners that require medical treatment after Mansfield has taken custody of them. The first hour of guard services will be performed at no cost to Fort Worth. Thereafter, and beginning on the effective date of this amendment, Fort Worth will pay Mansfield $23.56 per hour for every hour of guard services provided. This rate will increase 4% for each subsequent term of this Agreement, pursuant to Section 2.4. The payment by Fort Worth to Mansfield for these services will be made monthly after a list of Prisoners guarded for the previous month is provided b Mansfield an verified by Fort Worth. OFF161AL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to City Secretary Contract No.33979 P ge 1 of 4 Interlocal Cooperation Agreement for Detention Services between the City of Fort Worth and the City of Mansfield 5 Section 2.8 "Class C Committals" is deleted in its entirety and replaced to read as follows: 2.8 Class C Committals. Fort Worth Prisoners charged with Class C misdemeanor offenses who have been ordered by a judge to serve time shall remain in LEC custody for no longer than seventy-two (72) hours after booking, or Fort Worth will provide a written explanation regarding the longer duration. Fort Worth shall pay Mansfield the Daily Housing Rate for each Class C Prisoner who remains at the LEC after ten (10) Prisoner Days. The number of days that Fort Worth Prisoners can remain in LEC custody before Fort Worth is charged the Daily Housing Rate will not decrease at any time during the life of this agreement unless both parties agree to such a change in writing. First Amendment to City Secretary Contract No.33979 Page 2 of 4 Interlocal Cooperation Agreement for Detention Services between the City of Fort Worth and the City of Mansfield Section 3.10 "Guard Services" is deleted in its entirety and replaced to read as follows: 3.10 Guard Services. Mansfield agrees to transport Prisoners from the MLEC facility to nearby hospitals when necessary. This obligation on the part of Mansfield will not arise until the prisoner has been taken into custody by Mansfield. As soon as possible after determining that a Prisoner will be transported, Mansfield shall notify Fort Worth so that a guard service can be dispatched to the hospital to relieve Mansfield. The first hour of guard services performed by Mansfield after contacting Fort Worth that it is transporting a prisoner will be done at no cost to Fort Worth. Thereafter, Fort Worth will pay Mansfield in accordance with Section 2.3. Mansfield will transport any Prisoners needing medical attention who are in Mansfield custody both to and from local area hospitals. Section 4.6 "Stationary Guard" is deleted in its entirety and replaced to read as follows: 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. Section 7.3 "Monthly Compliance Reports" is deleted in its entirety and replaced to read as follows: 7.3 Quarterly Compliance Reports. The Mansfield Jail Administrator and the Fort Worth Police Department Grants and Contracts Management Division, ("GCMD"), shall jointly complete a quarterly report concerning contract compliance and all Performance Standards listed in Attachment 1 to this agreement. These reports shall be jointly developed before the 15th day of the month following the end of each quarter, i.e. on the 15th of November, April, July, and October. If the Jail Administrator and the GCMD are unable to resolve any identified issue(s), the issue(s) shall be forwarded to the Dispute Resolution Team for action. 3. All other terms, provisions, conditions, covenants and recitals of said City Secretary Contract No. 33979 which are not expressly amended herein shall remain in full force and effect during the term this renewal. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] First Amendment to City Secretary Contract No.33979 Page 3 of 4 Interlocal Cooperation Agreement for Detention Services between the City of Fort Worth and the City of Mansfield \I I Y V CITY OF FORT WORTH CITY OF MANSFIELD ZrLSI�� VTtOC.) JJ fr W. Halstead 2Ga;ryler 6 Y Chief of Police Chief of Police, ity of Mansfield w 'If 0, a s W. Daniels City Secretary y "` Assistant City Manager City of Mansfield APPROVED AS TO FORM AND LEGALITY: t 7 ` ,/'Monica Wo ff rd d City Attorney Assistant City Attorney City of Mansfield ATTEST: y City Secretary pap-a���$n Director of Public Safety O�FoR o0 City of Mansfield al 0000 O���I�d Authorization: 14 o o�� --L `� � ! o 00*0 contractnuthorizatioa o ICY Contract No. 33979 a 00000° I OAS l I M&C: C21611 Date CSC Amendment Number: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to City Secretary Contract No.33979 Page 4 of 4 Interlocal Cooperation Agreement for Detention Services between the City of Fort Worth and the City of Mansfield Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/25/2011 -Ordinance No. 19531-01-2011 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 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. http://apps.cfwnet.org/ecouncil/printmc.asp?id=14670&print=true&DocType=Print 3/31/2011 Page 2 of 2 ("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/CE_RTIFICATION: 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/AccountlCenters FROM Fund/Account/Centers GG01 539120 0353501 $317,988.00 GG01 539120 0353501 $317,988.00 CERTIFICATIONS: Submitted for City Manager's Office by: Charles W. Daniels (6199) Originating Department Head: Jeffrey W. Halstead (4210) Additional Information Contact: Monique Moore (4221) ATTACHMENTS 1. 35.35JAILGUARDSVC2010 AO.doc (Public) 2. f_u_ndingverfcation.pdf (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=14670&print—true&DocType=Print 3/31/2011 Ordinance No. 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: Assistant City A ADOPTED AND EFFECTIVE: