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Home My WebLink AboutContract 23900 P-CE R E STATE OF TEXAS § § MEMORANDUM OF UNDERSTANDING COUNTY OF TARRANT § THIS MEMORANDUM OF UNDERSTANDING is between: The City of Fort Worth, Texas (hereinafter "City"), a home rule municipal corporation situated in Tarrant and Denton Counties, Texas, and Tarrant County (hereinafter "County"), a political subdivision of the State of Texas. RECITALS: 1. City and County are currently conducting negotiations regarding the housing of City prisoners in the County Jail. 2. One of the issues being negotiated is the amount of charges owed by the City for the County's housing of City prisoners for the period of October 1, 1997 through September 30, 1998. 3. County billed City in January 1998 for prisoner care charges incurred since October 1997, with the charges being based upon County's proposal to the City during the negotiations. 4. City has declined to pay the County on that basis, but has agreed to demonstrate its good faith by making payments to the County based upon the methodology contained in the City's last proposal to the County, the terms of which are outlined herein. 5. County will pay to City amounts billed and owed for space used by the Justice of the Peace Court. 6. This Memorandum of Understanding or payments pursuant to this Memorandum of Understanding may not be introduced or used as evidence at trial, deposition or mediation concerning any litigation involving in any way the City/County jail contract and shall not be construed as waiving any rights of the City or of the County which may be available to either party at law or in equity. 7. The City and County will continue negotiations regarding the charges for City prisoners and other issues of mutual importance. g :F 8 TERMS: 1 City will make payments to the County for prisoner care charges in accordance with the method set forth in Exhibit "A", attached hereto and incorporated as if set out in full herein. City will make payment for the period beginning October 1, 1997, and ending on the last full month prior to the effective date of this Memorandum of Understanding in a lump sum and shall pay monthly installments thereafter in accordance with Exhibit "A". 2. County shall make payment in lump sum to City of amounts billed and owed for space used by the Justice of the Peace Court as of the last full month prior to the effective date of this Memorandum of Understanding. 3. The lump sum payments by City and County referenced in 1 and 2, above, shall be made contemporaneously within 15 days of the effective date of this Memorandum of Understanding. 4. This Memorandum of Understanding may be terminated without cause by either party by written notice to the other. 5. This Memorandum is subject to approval of the governing bodies of the parties. This Memorandum is effective upon the date it is approved by both governing bodies. STATE OF TEXAS TARRANT COUNTY CITY OF FORT WORTH J, 4 BY:— (k QLA By: A County Administrator' City manager Date signed: Date signed: APPROVED TO FO APPROVED AS TO FORM: 'Jik-f District Orney's Office Assistant-City Attorney ATTEST: /7 City Secretary Contract Authorization 2 Date MUL113ZT A The number of estimated arrests shown in the following table were calculated by increasing actual 1996/97 figures by 10%. The number of prisoner days shown in the following table is an estimated number based on these assumptions: • City will pay Maximum of 3 days for every Felony prisoner regardless of length of stay • City will pay maximum of 1.5 days for every Misdemeanor prisoner regardless of length of stay • City will pay maximum of 1 day for every Public Intoxication prisoner regardless of length of stay • City will pay $220,000 for City prisoners' medical care based on $4 per prisoner day Using the estimated prisoner days multiplied by the per diem rate yields an estimated cost of $1,880,005. With medical cost of $220,000 included, the total annual cost for prisoner care is $2,100,005. ESTIMATED NUMBER OF ARRESTS FOR FY 1997/98 PRISONER FELONY MISD El TO�'[,'AL DAYS Oct. 96 491 2,303 464 3,258 5,391 Nov. 96 382 2,148 442 20,972 4,810 Dec. 96 385 2,255 391 3,031 4,928 Jan. 97 542 2x483 503 30,528 5,854 Feb. 97 161 2x038 367 2,566 3,907 Mar. 97 177 2,092 459 21728 4,128 Apr. 97 163 2,016 457 21636 3,969 May 97 114 2,382 536 3,032 4,451 June 97 136 2,154 473 2,763 40, 113 July 97 132 2,335 540 30,007 40,439 Aug. 97 101 21503 612 31215 4,669 Sept.97 193 21385 481 31058 4,635 Totals 2,,997 27,094 51723 35,794 55,294 ANNUAL COST BASED ON PER DIEM OF $34 X 55,294 $1,880,005.00 ANNUAL ST MEDICAL CARE BASED ON PER DIEM OF $4 220 _0-0-0-.100 TOTAL PRISONER E COST AT $38 PER DI $21100,005.00. EQUAL MONTHLY INSTALLMENTS TO COUNTY $ 175,000.42 City of.Fort Worth, Texas WN agar and Council Communication DATE REFERENCE NUMBER LOG DAME PAGE 5/12/93 C-16774 12JAIL 1 of 1 I SUBJECT APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH TAR NT COUNTY CONCERNING PAYMENTS UNDER CITY/COUNTY JAIL CONTRACT RECOMMENDATION. ' It is recommended that the City Council authorize the City Manager to execute the attached I Memorandum of Understanding. DISCUSSION: The City and Tarrant County have been engaged in lengthy negotiations concerning provisions of the City/County jail contract (City Secretary Contract No. 10419, as amended by City Secretary Contract Nos. 11352,11519, and 11955). One issue being negotiated is the amount of prisoner care charges to be paid by the City and County. The City/County jail contract specified the per diem charges and processing fees to be paid for the first ten years of joint operation of the jail. Thereafter, the exact charges to be paid were not specified, the contract providing that the charges would be based upon an audit of costs by a mutually selected auditor. In January 1993, the County billed the City for prisoner care charges based upon the County's proposal to the City in the negotiations, which was based upon a financial study done by firm selected by the County. The City declined to pay that amount, and negotiations have continued. The County has not paid the amount due under the contract for rental of court room space in the facility. i As a demonstration of its good faith, the City has proposed to enter into the attached Memorandum of Understanding, which provides for payments to be made by the City to the County for prisoner care based upon the last offer made by the City in the negotiations, and for the County to pay to the City the amounts past due for court room rental. The Memorandum is intended as an interim step, with the intent that negotiations proceed and result in a final contract amendment to be approved by both governing bodies. FISCAL INFORMATION/CERTI IC TION. j The Director of Fiscal Services certifies that funds are available in the current operating budget, as appropriated, of the General Fund. C .rn Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY ECRETARY F fee by; I k to) 1 i Arles Boswell �1 Originating Department Head: �� t ,'Y t adds Una'' 7623 (from) j [ 0357200 1 t r Additional Inforiftation Contact: 3 , E