HomeMy WebLinkAboutContract 10419 Tut 1MVI: Of! 1EXA.. X CITY SECRETARY
COIJUIY nF 1.11tRAN1' [ CONTRACT M0.l.p-�--
1111t:Rl:AS, the City of fort north, hereinafter referred to an CITY
has decided to construct a new Criminal Justice Complex to louse its central
public safety, courts anal jail building; aaJ,
:gJI:R1MS,. tiie County of Tarrant, State of Texas-, hereinafter referred
to as COMTr has available certain suitable land for the loea loin of such
f
Complex, adjacent to Its County jail;. and,
14IMPAS,. CITY and COUNIT have each determined that it would be mutually
advantages- for the said Complex and related facilities to be.constructed
and operat.J, under the Interlotal Cooperation Act, Article 4413(32c)',
Y.A.C.S.; and, J.• - ' .'� -
. 1fMEAS, CITY and CM,M intend to cooperate in the r1ansinso design,
construction, maintenance and operation of said jail and relatod facilities,
In order to eliminata presently duplicated operations and facilities and
* to reduce the costa to the taxpayers resulting from such duplications;
MM, MMERF.FORE thw said Cr[Y. acting,herein by and through its City
Ramjet, duly authorized to do so, and COU.M. acting herein by and through
its C Kmty Judge, duly authorized to do so, hereby agree as follows:
1. Definitions«
a. „Jailer" means the person designa-L"' by the Mastiff of the COUNIT
Who shall. have authority to suptr"I =he operation and maintenance of
all of the jail facilities in the Criminal Justice Complex to bo- constructed,
and.such person shall have the rights, powun, duties and responsibilities
bestowed by law or ordinance upon the Police Chief of the City of Fort
Korth regarding incarceration and the Sheriff of Tarrant County, Texas,
or upon persons designated by either of these officials to perform assigned
duties of those offices. T%e person designated As Jailer shall further
have the authority to supervise the operation ani maintenance o[ the jail,
• prisoner intake area, booking facility, sally port, and all other areas
Included within the sevurity arforter as defined herein. It is the purpost
of the parties hereto that the person designated as Jailer shall have
all the powrs anel req*w-sibiIIt Its IP"sed by I.w 'at permos ft-%Pc %tbl♦ ►
for tl►r oprrsflwm of )Mils. IMINJlwR. b"t one Iimilra to, I%~ paurre
�pr.if�rallr ran ratr►1 In Arllcle 4IIt02r) 54, V.A-C-S-
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1►; NA t y nt I t.uur r" eur.ul!►:
(u) a it.t'suu whu i+ it r, Ij, !,y o i:lty ufficcr 01' C Witt,1 to the
lntake arv.e oud/or jail at the Criurlual Air'.0ce t:utnlele x
}n c+n,eet-tiun will, invrstigatiun and/ur vinlAtlun of a
City ordia;a►ce; prusidrd, the person is under arrest -n
the prcni-.es of the Criminal .Instiee Complex, and/ur Is
inca:ecrated in the jail and charged only bbith a traffic
offense or violation of a City ordinance, or Class C
llisdclocanor to be!prosacutcd in City Court.
(b) any other person who is brought to the intake area and/or
jail of the Criminal Justice Complex by a City officer
for a purpose other than listed in (a) above, prior to the
time formal charges of a cou.-tty or state offense (i.e.,
Class A or 6 or jailable misdemeanors and felonies), are
filed against the person. Such person shall become a
County prisoner as soon as county or state charges are
filed.
(c) a person previously held on a formal Cotmty charge, but
released from incarceration under that charge and held
under a hold order on a City charge..
e. "Security Perimeter" means the area under the direct control of
rt►e Sheriff and designed primarily for the purpose of confining prison :rs.
'11.e areas included within the security perimeter will include all those areas,
inclucing public areas, which are under the direct control of the Sheriff
and are incident ii to or related to the intake, custodial care of and for,
as well as release functions and incidental administrative and support services
necessary to the confinement of prisoners, including any interconnecting hallways,
stair4ells, or elevators incidental to or connecting any of the isolated or
separated areas of service within said security perimeter.
2. Land:
CITY hereby agrees to purchase from COUNTY and COU.N•TY agrees to convey
by general warranty dc,-J, within 30 days of the execution of this contract,
approxinitely 70,000 square feet of land, :o be deseribcJ in said deed by
a s,,rveyrd Ptetes and hoen►els description excll►.ive of dedirared street%. alleys,
oasewrnts, or other prol)erty currently owned by the My frow within the area
de crlhe•d I;t•1►+•r►!ly as fnitow.. :
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I�: �l: :?,E :r•:t .. •liv .:ifh . ,tie! -..rt'thct- `at. zr.a'y .13C �•
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;a td (III tJun luo••I ht• tnarci:wtl by l:ntrkiY wi,ltln ono yt•nl- nftot' wrltit-to ttuticu
from 1:11Y to (:(NINIV ul CIIY'. Intent to ;th:nnlon said prtmists.
0w►►t•rr,--Ip and coot rol of the sul►jcct 1.-J will 1►e trauxftrrr•cd to the
CI'T'Y with .lolivory by C(XNIY to (:ITY of the reneral warranty dyed rcq+tired
herein. CITY herci•y grants to the COUNTY the right to continue the present
use of all of said property, at no cost to the COUNTY, until notice to proceed
is issued by the CITY to the contractor for the proposed improvements to be
erected on said land, with r copy of such notice to be delivered to the COUNTY;
provided, however, that during COUNTY's inter;m use of said land, COUM ngrecs
to hold CITY harmless from ant' assume all responsibility for property damage
or personal injury arising out of COUNTY's use of such land. COUNTY agrees
to permit CITY access to all of said property and to permit necessary relocation
of utilities, site surveying, and said investigation during the time between
execution of this contract and the issuance of notice to proceett.
CITY hereby further agrees to schedule construction on the facilities
to be constructed on said land in such a fashion and in such a sequence as
to always leave open and clear for unrestricted access by the Sheriff of
Tarrant County, one opening which would allow ingress to and egress irom
the sally port.
The COUNTY hereby agrees to use the $700,000.00 purchase price in the
new facility construction and/or brin-ing the existing County jail up to
existing Texas jail standards and/or assisting replacement of parking.
CITY further grants to COUNTY an option at no cost to the air rights
above that portion of construction dedicated to jail,facilities, provided
that such space be used by the COUNTY exclusively for expansion of the jail
facility. The CITY expressly reserves the air rights above the parking facility
anticipated to be constructed in connection with the improvements on this
land. Both parties hereto hereby agree to allow the other to utilize the
most electronically efficient locations cn any of the buildings, existing
or to be constructed in connection with the project undertaken hereby, for
communications antenna and related equipment installation, the location of
such eq•tipmc►tt to be made consistent with the otter uses to which existing
buildings and the buildings -o be constructed under this project are to be
put.
The p•irtica hereto, each Icing governx►cnt-al entities havlur the power
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^?nr rz'ik r , li"r t��wi.'�,.::. ,�} 0 at� �� t�'tA .� + ;
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j• f:Ji� ..a:ct, :oslr:. .r,,J �a.1 h... 'c.ilc on t!te n. do r , ,h „`r..s
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Itrac:_ cc,ljimcticr'. C:ic,C, 1 '! a ,.-I 4n,• f';.c.\Ji< ;'Y_ ?ni.
bui,i .;;3 _...:I h c do f.nr,i ,a, an io c+ ;ai
1 c.\_...y j.Ccl.t to ,nd conn_ �rJ witl; the cxis Co+.li1- jail ;n
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-.Is to ;,rovide -, sin,,'.c in1.egr.tccf jail £a,..,1t} It is sgrecd 1
Mat trc con>trucnon and operatiu OF such a fac.I;t;' is the Cs--,C,-,CC rf the
undcrra;:€ngs Zontcmplatcd by - is con,ract and in the <,vcnt that `stir CITY
fails t.. cans,_z,::t such a pul,Iic safccy, coe.rts and :ail bt.? ;i`\;tS. the rartjes
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he:rote herby c:�r^e to a ccr-rIcte ..uncilla' ic—, ar,'_• ,'ecision of this contact
the CI'Y a�rces to ccn�ey the rca'_ estate involved it tni_ cvnt.r<;ct to
the CU11;;i Y and tFc .:C 1`;if a ,f :,: to rcpt, to the CIP' tr,^ purchase r ric<,
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X� lbe E7 7. hcr'landor,
Ane f',M agrees to pa;,' all c,:n-st -uct4-on costa lr,rui-rlrl i:, 2he buiM'i g E
u dzu .,cly C_•imi:ial Justice as
noted h'ere].R. C0:, ! : itin, .hc C i z of :=ort forth has
:h'. fiv-, o', La:.'er.�_ D. r: ..__:.a;.es inn {o: L'tc 3T;.1? t,,raI 3
^ir ^CL 1 _n Oi i.e {.:v"05:C �n5[r _1C.' I rJY L :C �1{�, 1�:Ca d St
tJir t,;.-_3i '_nC C.K 1, TP LOL�. 1-.-_ t� '_'IC .)'O; ... S:°, f.'
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City t:nun1y VarI trip;Ji inn
Prn,.r+rn Add i I Aoie. In -:L I0et•t
Net Net Gros
I. Cu%lotlial Adciinistration Area 850 1,5.19
2. Roof -1'up Iterreat ion Area 0 Total Total
(no net to gross)
3. Separation Ccll 0 64 99 '
4. Short Term Holding 332 332 S11
S. Detoxification 322 166 256
6. Search 330 70 108
7. laundry 600 SSO 847
8. Inmate Personal Property 52S SOO 770
9. Health Services 408 -160 246
10. Dental 0 200 308
11. Sally Port (no net to gross) 2,700 1,200 1,200
12. Dispatch b Communications
Space 200 266
Within thirty calendar days after the execution of this contract, COUNTY
will provide CITY with a specification for its emergency electrial power requirements,
needed to place the existing County jail compliance with the Texas jail
standards, and the CITY agrees to design and construct the specified needed
additional capacity into its emergency generator systea. The COUNTY agrees
to pay the additional costs incurred by the CITY for the design and construction
of the additional power equipment and facilities required by the COUNTY's
needs, over and above that required for the emergency power needs of _he CITY
facilit;. The COUNTY shall pay these costs as they brcone due and payable
by the CITY. :
Within thirty calendar days froze the date of execution of this contract,
the COUN. E•Y may elect, by written notice of election, delivered to the Public
(forks Director of the CITY, any or all of the following additional optional
design features to be added to or provi.dcd for in the design of the facility
anticipated hereunder:
Option 1o. 1: Future Vertical Expansion of Jail. If the COUNTY chooses
to requcs.t design capacity for future vertical expansion of the jail portion
of the overall project. and notifies CITY tit-it it is exercising this option,
the CITY wiiI provide for :uch required design chiares or nodificatlon4 ns
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nry ut•cr:.::l t u l t J by t ho aJJ l t l of"l l ci;ll tc l l y re•gtn's t t•tl by C011NTY, and 1:01IN TY
nl:rce•s to hay the additional de•,Il;n rusts and cem:,tructlun cost:: ne•ce::::ilatr.d
by such rtquirowcut, as such costs are incurred and payable by Cl•1•Y.
0p1 ion Ito, 2: i'arkinr Facility. In the event the COAKI.1' elects to add
parking spaces in adJitioa to those designated in the CITY's parking facility,
and so notifies the CITY, the COUNTY agrees to pay to CITY all additional
architectural and engincering costs incurred in providinr for such additional
spaces as the COUNTY may request. In the event COUNTY elects to exercise
this option to odd such additional parking spaces, COUNTY shall pay to the
CITY additional construction costs incurred in providing these spaces. All
architectural, engineering and construction costs to be paid to CITY under this
option shall be due and payable as such costs arc incurred and payable by
the CITY, such COUNTY payments to be made by check payable to the CITY. Ia
addition, COMITY agrees to pay to CITY its proportionate share of maintenance
and housekeeping costs for the parking facility, in monthly payments.
Option No. 3: If COUNNTY elects to so require, with due notice given in
writing, CITY agrees to design and build one additional courtroom and support
facilities attendant thereto, to be leased to the COUNTY fcr a period of ten
years, with option in the COUNTY to renew for five successive two-year terms
thereafter. The monthly rental rate for this lease, if COMM elects to
require such facility, will be based upon a twenty-year amortization of the
proportionate share of the architectural, engineering and construction
costs, including interest, for the administration portion of the facility
being constructed under this contract that such courtroom facilities
: constitute in relationship to the administration portion of the
overall project, with the rental to be payable by the COUNTY to the CITY in
advance on the first day of each month, beginning with the date said
courtroom and related facilities are ready for occupancy. The space
requirements of this proposed optional facility are as follows:
Not Cross
Courtroom 1,400 1,562
Judges Chambers Sop S99
(includes toilet, closet) '
r'ourt Reporter 1IS 16tS
Clerk 100 133
_ 7 .
Itu E 11 f f 125 166
Jury Imlianel ing 0 0
Witness 11:tilinl; 300 "' 133
2,150 x 1,33 a 2,BS9
Insurance, mainte.�:-nee and utilities will be added to the monthly rental
payinents on the ssmc proportionate basis as the construction costs provided
for above,
ilia COUNTY kill. be responsible for the renovation and remodeling
of the existing County jail, a: such is required, and CITY will pay
COUNTY at direct cv5z, architectural and engineering fees and eonstruccion
costs of the work necessary for connecting the new jail facility to the
existing County jail facilities, at one jail floor le,,el including the
cutting of such opening in the cx:9,ting Cfxmty jail facilities as may
be necessitated. CITY will pay CCU= at direct cost architectural and
engineering fees as well as construction costs necessitated by the opening
of the existing County jail facility a:. tr.c casement floor, including
finishing around the opening riquircd. The adtrisory committee provided
for herein shall have the•right of approval of the design of the connections
anticipated hereinabove,.
4. Design and Construction
With regard to those portions of the total facility anticipated hereunder
for which each parry is responsible, each party agrees to consult with the
other as to the design details of all portions of the overall project and
in the event of any c._spute as to design, the decision of the CITY shall be
final and binding oa all new construction outside the exterior walls of the
existing Criminal Courts Building. then either party to this agrcczm%nt issues
any construction documents for bidders in connection with letting contracts
for any portion of the wort; to be done hereunder, it shall provide two copies
of all bid ,�;;cumcnts to the other party.
With rei..tro to all contracts betwccr. either of the parties hereto and
} any constriction contractor or with any architect. such contracts shall not
t be coustrucJ to crc.ltc any cnntr:tctu-il rel ation-hip between nny con rac or
! and the otl,cr hirty to thli in ,rrhitoCt vnd the other p:erti to
t1►{t „rrccr,rnt , nnr hetwern the p►rt +cs to thit agrccscnt. Al t5
uud dlrecllon to the urchltc•el or cootr;ictur will he !:.surd by the party with
whom that architect ur contractur has contracted. Ail di-A gn changes ur
construct iw, doclunenl chani'v% included in the tx•w facility 01.111 bu subject
to the approval of the CITY mail :.hall he made as per the general condition
relating; to such contract, cinder field direction lay the architect, or by
ehauge order authorized by the CITY. Any major design changes will be
subject to review by the advisory committee hereinafter provided for. Major
design changes oust be approve) by the CITY prior to implementation of such
by the contractor.
The CITY's authority to reject work as not conforming to standards or
to stop work or to terminate any contracts it originates as owner, are in
no way superseded nor affected by this contract.
S. Maintenance, Insurance and Utility
• MKINTENA.\CE A,\D 11GUSEKE PING. CITY hereby agrees to assume the
responsibility for all housekeeping and maintenance in and to the new
facility to be constructed under this contract, except with regard to all
areas within the security perimeter, as herein defined, including mechanical
equipment located within the security perimeter, which will be the
responsibility of COUNTY, as provided hereinabove, COUNff agrees to reimburse
CITY monthly for maintenance and housekeeping of COUNTY portion of the parking
facility, if same is built. As to cost of maintenance of equipment serving
both CITY and COUNTY areas, CITY and COMM will sharp such costs on the
basis of a square footage pro rata. It is hereby agreed that CITY will
construct or provide all furnishings and fixtures within the security perimeter,
as herein defined, and that COMIY shall be responsible for maintenance and
replacement of same. By furnishings, equipment and fixtures is Meant herein
all office furniture, office equipment, permanent fixtures, and includes
(but is not limited to) typewriters, desks, chairs, filing cabinets, bookcases,
t.blcs and occludes office accessories (such as staplers, letter openers,
etc.), copying machines, and computers.
iNWR.VU-. CITY will be responsible for maintaining fire and casualty
insurance coverage ;a keeping with its policy with regard to such insurance,
and Cfximi-Y will reimburse CITY on a floor space proportionate basis with
regard to those areas controlled by the COUM. The CITY and the M- W" rill
each b.• rc•;ponsible for ln%se+ in their recpectively controlled arras to the
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exl(.ut 1,16.11 (.1601 ul, 1111 Ila1.1ie:• la:6y rjc?1 .1 to be• s4-11' ln:.urer:•, it rovlJccJ 11,Mi.vi,t•,
11.1 It nil in;urallLe lu tit vr :. pa6J lu (.it Ill.r of Iln• parli(.s her(.t6udty sha11
he used by the Jnsur6•J party fits- recount ru0tion and repair of the facility
Insur(.J, without rel;arJ to fault. Willi rel;ar.l to liability Jasuralive, each
party will be responsible for such coverage on those areas under their respective
control.
INSURANCE OF DO11.CR AND MACIIINLRY, CITY wi': be responsible for insuring
all machinery and the emergency generating equipment. COU14TY will pay CITY
its direct cost of the insurance coverage on equipment serving only COW.7Y
controlled areas. As to equipment serving hot'. CITY and COMM, CITY and
COUNTY will share the insurance costs on the basis of a square footage pro
rata. The insurance on the emergency generating system will be shared by
CITY and CODUTY as the percentage of design electrical capacity required by
each is provided; except as to the optional court facilities contained hereinabove,
the costs of which will be included in the lease fee paid by COU'YTY to CITY.
WILITIES. City of Fort Korth will be responsible for payment of 21t
utility billings and will be reimbursed by COUNTY monthly at direct cost as
determined and agreed upon after completion of design of the complex, as
follows:
(later and Sanitary Sewer Services. Consumption will be metered insofar
as is practicable, within the complex, to the users. The COUNTY will pay
the estimated costs for jointly metered water and sanitary sewer service to
-areas impracticable for direct metering.
)Electrical will also be charged to the COUNTY on a metered basis insofar
as practicable as to those areas controlled by the COUIM.
Naturzl Gas costs as to those areas controlled by the COUNTY will be
chargeable to the COUM on a metered basis insofar as practicable.
Garbage Collection and Disposal Service. Each party hereto hereby agrees
to be responsible for the collection and disposal of garbage from the areas
of Its primary responsibility.
It is mot the intention of either of the parties hereto that either the
COU1'TY or the CITY will he billed more than once for Say utility service or
be he1J r"ponsihie for the charges incurred with any utility service more
than one time or in any one taahion.
b. .Inint rrrna+wic kr-ponNil6lity
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laa tunr.ldt 1,11 iun ui '-dr ul, tht by Olt' C:u!iNll' lu the CI'ty,
CI f5' alert r : In I4•r1:.o to CCIINIV all port iun': ul• 1111• cu!:altlrt I it hr cnn'.l rrlCtvd
htrreattr 6111 L h .11-t: dedicated to j.1iI, jail int.1'r.t•, ::11d jail rt•II, al a
cost of ;i.RO per y...rr for -,o 1;.,,,, s- r•uch faiiIiI is used for jtlll r:Istvd
purpo:.cs. COU-NIY, its coon:.iJcralion tht•rcof, ngrrcr. to ollcralC such 1C;1,,Ce;
port;oo; of the cunplex in conjunction with the existing; Cuunty jail ;nnJ to
acrvpt full respom:ibility fer the custodial care of all prisoners arrrsted
by the Cit}• of curt Forth Fnlicc officers, under the terms and conditions
hereinafter sct forth.
CITY - grccs to purc:ha e such servicrf, for consecutive one-year periods
each, sdilch shall be autonactically renewed unless CITY notifies COUNTY
in writing not less than 60 days nor more than 90 days befo-'c the and of each
one-y^ar period of its intent not ,o continue purchase of said services.
i
COUNTY grants CITY the right to contine purchasing such services for so long
AS CITY pays the contract rates hereunder. An election by the CITY not to
continue purchase of such services shall not affect the right of the COUNTY
to continue leasing from the CITY those portions of the new facility which
are dedicated to jail, jail intake, and jail release at a cost of $1.00 per
year for so long as such facility is used for jail related purposes.
In the event CITY discontinues the purchase of such jail services, and
COU,`I'Y subsequently determines it ;reeds a;Jditional jail cell capacity for
COUNTY jail purposes, it is agreed that COUNTY shall purchase, by Iease/
-purchase or by direct purchase, the jail facility at a price determined by
an apyraisal conducted by an i„cepcn,`cnt appraiser jointly selected by the
CITY and COUNTY using tae same selection method as prescribed for selecting
t
.an indrpcndcnt audit firn in paragraph 11 hereof. Fol7c ing the selettior.
-Of the ind^perdcnt appraiser, CITY shalt be the centractin; party with such
•' rp;.raiscr, ^r,d the cost of such ha.l be paid equally by CITY and
I
tc rite an ^311,-.11 t`:c ;311 !w: ieh :ncledes
;ai,. i nc� taci;.tics is t•.c conr,rixred hcrci:nJcr),
•t
,;i0:1 watt:ir:s,Cnts.
; 4,.t?e af•r. . . to ,::t• ;o CC:'>;T'�, in a:eordonc^ t:itia rile i,:rrir.o{ter set
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s.'c. t' 1.11 {_,r 1,: ; .r, : r r 1 t rc::r.,ir,7 4r ..c i ty rri soncr.t :1 ; t hat
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1:1><Iny arrrra II►ut the :�Ip riff ns'-J:rtPer. will nuf riv+ prl:cNnrrn 1*1-4)n
JurJuslivilumk utlu•r thin 1:114 priority u►rer On prisuarrs with regard to
admission, or rustndiai Imliciea.
CIYY`ogrev% tsr pay, at the ratrs here ivaft or-establlsbesl a per dies
rate for a minimum of forty-five (4s)iprisoners per day. This minimum number
!s subject to renegotlation in the event CITY elects. to a*tablish a detoxification
Unit', or for other unforeseen substantial changes Itw prisotwr levels. .
CITY will pay to COMTY i processing fee of�a:vo for cacti 6TY prisoner
brought to the complex anticipatea bercunocr.wha is.held Air les3 thtjt four
hours or 13 hc)d in the processing area =W rel'ca eat prior:tp incarceration,
q, provided that no processing,test will ba rhargoa W the caig of-priso"M
brought: to the complex by a city officer who are rRleased prior, to processing.
As to pr sonars who are processed into the Jail and/or arse incarcerated
w0city prisonersn, beginning with thit1 openint of the coir<ple>f,' thd•per cues,
rats chargeable to CITY f0 the services,of COMM in connectiots with tbist
contract will be $16.5O per prisoner which'-rate 41l` continuo to be thtr rate
charged,by C0M-N to CITY' for foutN (4). calendar years or until',thin independent
suati called= for hereinbelowa dot"lse.�tb�,pG�t�„on-t.atPr# .c"o.
A griaorter day foso the parposes of,eo+sputits>r,'the cafges to ba►paid by CITY
• to COMM shalt seam any pt►riodJW excess of fou*(4) hours;withist siW.'twenty
four' (24) hour rind be iaaln at 12a10 sidni t
1M t ht YA given.&3*
7. Cost Anditing and AlTceations.
Within ninety (901 days of the completioa of four (4) years of opemion, -
AM likewise at thus completion of each four, (4) years of operation, nndsr
this_cont racir, COMM and CITY will JointWselcct sad pay equal ly for
independent outsido auditors to-thoroughly evaluate all cost records relative
l
to per dies custodial prisoner costs and processing fees provided for herein
for the preceding four (4) years„ which detersined costs, togcthor with the
auditor's projection of inflationary &ail other predietabie faetorso will'
f ' be applicable for the succeeding four (4) year period.
�j
The per dies costs and processing fees to be allocated and to be considered
fWparately by the auJit provided for herein shall include all necessary operating
expenses of the Jail operation relating to the care, custody and control of
prissewcrs, awl ►►hall be limited to the followings
1. A pr rtfawate •bads of tlse %*Iary of Cotssty "I"S attribntaOl•
I ,
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i:i
lu Jai uln r•il Inn ., inclwliul;
ti.- slat-rirr, hi:. Ch1rr 14•yuty, nod the t•lol•ical
help h1r fur the vvraII opt-ralluu nr the 5htrirras Ik•parinarnt.
2, All direct I:dwr, lluii It-d to that required lay Tcxas jail ataudark1s,
3. All maintr►►ance items, contract; and direct labor applicable to
jail operation.
4. limployce frinf-c benefits.
S. Food.
6. Utilities.
7. Telephone,
S. Insurance.
4. Data processing applicable to jail operations, including intake.
10. Required office machinery and its maintenance.'
21. I.D. and booking supplies.
12. Transportation of prisoners for medical purposes.
13. Mechanical maintenance supplies.
14. Communications equipment relating to jail operation.
1S. All fingerprinting, identification and booking costs relating to
prisoner processing and release.
COUNTY hereby binds itself not to enter into any agreement with other
jurisdictions which provides for any lower per diet rate than charged to CITY.
This provision is not applicable to agree-rents between COWTIY and the Federal
government in regard to the care of Federal prisoners.
S. Operational Agreement.
$eginning with the completion and occupancy of the Criminal Justice
Complex anticipated hereunder, COUNTY agrees to assume and be totally responsible
for custodial care of all City prisoners, excepting those who are brought
Ii. to the Complex in obvious need of treatment for injury or illness in which
case it will be the re-ponsihilitr of CITY to secure the needed medical treatsaent
;jt; prior to delivery to the Sheriff of said proposed prisoner. In the case of
Jill''
a proposed prisoner being brought to the jail facility by City police officers,
the detc:mination of whether or not to detain and incarcerate such person
)l;
will he the responsibility of an official designated by the CITY who will
determine �6cthcr surh party is to be released or detained, and in the event
of detention and/or incc►rccratinn. the City official will notify the jailor
or hl-. &k-qit►x•c of that decision at which tine the prraon w'11 he proressatil
x,
13 -
4
into the Jell inglul.11lnn. LXveI,i a!: nut,ti On tht• va!it% of u po:a:un
Jib obvi kill•• licut! of 11n•dicnl part, ;11111/u r• at It'll t)us$), i11unr11i.1 Irly upuu 111e notiI,ic:ltiOil
of the City ufrioal a thy dcti•rinination to Jrtaill and invarrerate the prvpa.-:cd
l)rlsoner, CUU':TY agrer: to assume responsibility for all prisoner needs while
the person is held in the jail, including transportation, anJ guard responsibilities,
In the event a prisoner needs to be treated medically or removed from the
immediate premises of ti•e jail in connection with official activity.
It is agreed by the parties Juercto that prisoners held in the jail
facility upon city charges only will be released by the authority of a City
magistrate or in accordance with specific written procedures agreed upon by
CITY and COUNTY. COUNTY agrees to allow interviews and/or interrogations
by City police officers at any time subject to all laws or regulations concerning
prisoner rights and jail rules. COU\TY agrees to provide full access to
City prisoners by City officers and to expedite making such prisoners available
to interviewing or interrogating City officers. COUYTY agrees to maintain
a log of such requests for purposes of indicating priorities of such requests,
and to make said log available to CITY upon request. COUNTY agrees to make
available all prisoners whose presence is requested by or ordered by a court
of competent jurisdiction. COUNTY agrees to release prisoners for investigative
purposes outs.de the jail facility when such requests are authorized by the
City official on duty, under rules to be adopted and approved by both CITY
and COUNTY.
Copies of all arrest documents, reports, and other information including
--photo/fingerprint cards and booking information, etc.. shall be made available
immediately to the City official designated and on duty in the matter of all
arrests by City officers.
4 COUM agrees to be responsible for planning and funding all future
f!
i' jail improvements and exparsion, the costs of such expansion to not be included
t in the per diem rate for prisoner care or in the processing fee so long as
I�
the average dai3, City prisoner count does not exceed 188 prisoners per day.
In the event that the numhcr of prisoners per day exceeds 188, being detained
and care) for as required by the Texas ,Jail Commission standards, coats for
�i
`? expansion or improvements wi)) be inelutled in the per diem and processing
fees in the same proportion ns the mlmher of City prisoners over IRA relate-
,
u - 14 -
4-
i4
5"i
In the w Vei-al.I Is I-I:,tisser"Toms.
Aisytini• it (Aly pr1•;tmt-r Is rt'NIUVt'LI f1*0111 1114• )1111 rilcility I*Ul- IIV;IItII
serviev atAlvItIc.n. written notification will be given to fl.e all duty City
official at VIV time Of the transfer.
The proviniuns of this contract are intended to estal)ll.%Ik the basic
guidelines for cooperative efforts leading to agicements benefiting b oth
the CITY and the COUNTY and are not intended to prevent further agreement
relative to such joint activity.
9. Advisory Committee.
An advisory committee, whose purpose will be the furtherance of the
cooperative effort initiated by this agreement during the planning phases
of the Criminal Justice Complex contemplated hcreunder,'will be the following
department heads or their designee:
City of Fort Worth: 1. City Manager, who shall be the "Chairman"
2. Chief of Police
3. 'Director of Public Works
Tarrant County: 4. Sheriff
S. Planning lepartment Director
Each numbered entity above shall be entitled to one vote in conducting
the affairs of the Advisory Committee.
10. Both parties agree to allow access to prisoners for any officially sanctioned
pre-trio] release program, investigations, and interviews.
21. The mothodalogy for selection of the independent audit firm called for
in paragraph 7 of this contract is as follows: CITY and COUNTY shall each
ludepen&ntly desigmate- one-representative- each -to-servo-on a selection committee.
The two persons designated shall then jointly designate a third person to
serve on the selection committee. The resulting three-member selection committee
shall then, by majority vote, choose an independent audit firm to conduct
the audit specified in paragraph 7. Following such selection, COUNTY shall
be the contracting party with said auditors. The committee shall be formed,
and an independent atrJit firm selected not more than ninety nor less than
thirty days before the end of each four-year period specified herein.
12. The CITY and COUNTY each agree to subuit any contract di-puto hereunder
to nonbinding arbitration iwrorc litigation is cownenced. When either party
Shall call for formation or an arbitration cosmaittes in writing, an arbitration
Cuwwul l t t<• ;.hall fiv furwu•J W i f if i" t r1 Jay!. 401' :+ut•h nuf i l'f cat i till by tile;
following nu•Ihud: 1:1'IY :►uJ Cln►:11Y 1.111111 r.1011 111410•11cn.lt•ut ly Jcsirnatt
two rcl►rt•st•nt a l l vc^: "J"h t n st•rvc t►n file :►rbi t rat Ili" cwuwi I t cc. 'file fuur
per::on: so Jcs►l;natt•d sha)l 1114.1 jointly select, by a Mijurlty vote, a
fifth per::on to serve on the arhltrai lon cosm►itter. The five-mcabcr
arbitration committee in' constituted shall procerJ to investigate,
deliberate, and resoive the disputed issue or issues, and render a written
decision by msjority vote to the CITY and COUNTY within fifteen days from
the date of the completed formation of the five-member committee. The
CITY and COUNTY shall each accept or reject such decision within ten days
Of rendition of the decision. Failure of either party to accept the decision
within such ten-day period shall constitute rejection. If either party
� i rejects the decision, no further right to arbitration exists as to the
disputed issues decided, unless both parties specifically agree to further
arbitration or formation of another arbitration committee.
No decision rendered by an arbitration committee hereunder shall
be binding upon the parties unless accepted by both parties, as evidenced
by City Council and Commissioners' Cojrt action.
_Nothing herein shall preclude court action by either party after
arbitration, and nothing occu.ring during arbitration shall be competent
evidence in a court of law. No decision rendered by ar. arbitration committee
hereunder is admissible into evidence for or against either party, and
both parties explicitly agree that no such decision sWI be entitled
to any ;.rce of effect whatsoever in court.
23. The "jailer" shall follow the Tarrant County Sheriff's office Internal
Grievance Policy, attached hereto, in handling prisoner grievances.
14. The Sheriff's Department viii adopt and follow and maintain an approved
affirsstive fiction plan in conformity with and to the affirmative action
i plan adopted by the City of Fort North.
i
IN WITA't:SS 1►in:l:11yr•, the City of Fort Mnrth anJ the County of Tarrant
have stifle :311-1 exrellt c l this cnat rnet and rgreeme"t this 3 day of
, AM,, I'J79, 1„ J'url Word,, larrom Gummy. 'f�•x:r.:.
MY 01; FORT NORTH
i�
i<
ArnST:
�j City Mill,gL-
C y bccrctary -- —
#' COU\TY OF TAR&%VT
ATTEST: By
my Jtidge
tl+v lx -if n-
County Clerk
APPOVED AS TO FORM
,;'•; AND LEGALITY.
AP?EOyo BY CITF ''OLwm
ty ttor r
C7 mot,
x
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37 -
City of Fort Worth, Texas
.)Mayor and Council Communication
DATE REFERENCE SUBJECT: Proposed Cccttract for City of PAGE
NUMOCR
3/27/79 uman Fort Worth/Tarrant Ccunty Law Enforce-
3/27/79 nor 1
anent Co lex
On November 7, 1978, City Council di-ected the City Manager to negotiate a
contractual agreement between the City of Fort Worth and Tarrant County to
construct a police facility at Belknap and Taylor Streets and to transfer
prisoner detention activities to the Tarrant County Sheriff'e Office.
Attached herewith is the final draft of a contract agreed to by representa-
tives of the City and the County that is proposed for adoption by the City
of Fort Worth.
Summary of Contract
The County has agreed to sell the necessary land to the City for $700,000,
and will pay costs related to expansion of new jail facilities and construc-
tion related to this joint concept. The jail portion of the new facility
shall be considered a part of the County Jail and will allow for the City's
average prisoner count to be 188 per day. Jail operation service shall be
provided on a contractual basis for four years, renewable each year upon
appropriation of funds, at a cost of $16.50 per prisoner per day. After the
initial four-year period, the amount per prisoner per day will be based on
an audit of jail operations. The City will construct a parking garage adjacent
to the new facility, with the County having the option to purchase additional
floors at cost. The County may exercise an option of leasing an additionally
constructed courtroom if they desire.
Recommendation
It is recommcnded that the City Council authorize the City Manager to execute
a contractual agreement as outlined above with Tarrant County for the construc-
tion of a police, tour`s and jail facility and for the Tarrant County Shariff'a
Office to have responsibility for City prisoners.
WRH:ms
Attachment
SUOMITTEO FOR THE
CITY MANAGER'S �+ DISPOSITION BY COUNCIL- ►ROCSSWO ey
OFFICE BY: ❑ APPROVED
O!N)INATINq Q OTHER/OfSORIso
DEPARTMENT HIAM A. J. Brown
aTY SEOAtsAM
FtM AOOITIOl/Al INPOIIMATION
CONTACT: W. 1. Hardy, ext. 612 wit �
N'Ji•Ii1 h(i'tt :•
fur
Pt'1sr 1 C 5;1i'1:T'. A;:It t;Ot'pl S r,\C11.1TY
A tract of lard out (if 11n.- .\. Vi,b osooi S+irvrv, Ah-ttr.n•t No. 1 .'811, and Il o hrring
that po-rtl.)n or the A. "tivvey knowii nr, Land ')00, holn-, ni)rr t:,ns of tram
conveved to Tarrant County by dt-ud recorded i.i Volumv .1771, Page 299, need Records,
Tarr-int Cr-inty, Texas nrtl I•v f:ondt-mrutt ton Causvq No. 56351, No 5635:'., and No. 59411 ,
Connty Court nt Law, Tnrrint Coiinr% , Texas, mare 1•articuiariy desc-ribvd, usitig the
Texas CutirdinaLe SVSterq, Nor0l lint ral Zone. ronrdinatt•s and henrings as Zollows:
BEET'"NING—it a !.; inch lr(,rt pin in the north..—ly right-of-wad• line of Belknap StrcL-t
dnd the c-asterly right-of-wir., line- of "avl(,r Strertt. snit point bvarc South 60 degrvv
05 minutes 06 seconds Wv!-t 480.0 fort from thu stsrithe;ist corner of Bock 4, City of
Fort Worth AddlLion, the ivurglhiates of said beginning point. sr(- 2,0%0,5og.71 ,
v - 396, 575.09;
THFNCE: North 29 degree:: '141 mi motes 54 serunds West with the vasterl y right-of-way
line of said Taylor Street 466.2 fret to a 'Y' cut in concrete, in the southerly
line of Franklin Street;
THCNCF: North 84 degrees 52 minutes 06 seconds Fast with the southerly line of
Franklin Street, 239.56 Icut to a point;
THENCE: South 29 deg-ces 54 minutes 54 seconds Fant 204.78 feet to a point, said
point being northerly a pr-rpendictilar dtst.nnre of 60.0 feet from the fare of thv
northerly wall of the Criminal Court:; Building;
THENCE: South F5 degrees 05 minures 06 seconds West. along 1 line 60.0 feet northerly
of an parallel to said face of wall of said Criminal Courts Building 58.44 feet to a
point;
THENCE: South 29 degrees 54 minures 54 seconds East 60.0 feet to a point in the facE
of the northerly wall of said Criminal Courts Building;
THENCE: South 60 degrees 0") minutes 06 seconds West with said face of wall of said
building 30.0 feet of its northwest corner;
TfIENCE: South 29 degrees 54 minutes 54 seconds East with the face of the westerly
.
wall' of said Criminal Courts Building 121 .0 feet to a � inch iron pin in the north-
erly rit,ht-of-way line of said Belknap Street;
THENCE: South 60 degrees 05 minutes 06 seconds West with said northerly right-of-wa•
line of Belknap Street 129.06 fret to the place of beginning and containing 80.618.6i.
square feet of land more or less, including any Public Streets or Alleys contaiAOd
within the perimeter of this description.
PUBLIC 14O KS DEPARTMENT
KEITH A. SMITH, P.E. , DIRECTOR
JOHN L. JONES, P.E. , CHIEF FNC114FER
EPD;dlw 3-27-79