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Official Record Copy CSC No. 60521
INTERLOCAL AGREEMENT
BETWEEN CITY OF FORT WORTH AND
CITY OF NORTH RICHLAND HILLS
FOR DETENTION SERVICES
THIS AGREEMENT ("Agreement") is made by and entered into by and between the City of Fort
Worth ("Fort Worth"), a home rule municipal corporation of the State of Texas, and the City of North
Richland Hills, a home rule municipal corporation of the State of Texas ("NRH"). Fort Worth and NRH
are each herein individually referred to as a "party" and collectively as the "parties."
RECITALS:
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, NRH is the operator of the North Richland Hills Joint Detention Facility, which is a
shared holding facility for the Cities of Watauga, Haltom City, Richland Hills, and NRH, and is located
at 4301 City Point Drive, North Richland Hills, TX 76180 ("Detention Facility")
WHEREAS, Fort Worth and NRH have agreed that NRH shall provide detention services to Fort
Worth as set forth in this Agreement.
NOW THEREFORE, for the mutual consideration herein stated, Fort Worth and NRH agree as
follows:
1.1
1.2
1.3
1.4
1.5
Section 1.
Definitions
Arrested Person. Arrested person means any person arrested by an agent of Fort Worth but not
yet detained in the Detention Facility.
Book-In. Book-In means the intake process by which Prisoners are received for confinement.
Book-In Form. Book-In Form means the sheet that is completed at time of Book-In containing
all personal information of Arrested Person, criminal charges against Arrested Person, and the
required mental health and medical information.
Class C Committal. Class C Committal means a Fort Worth Prisoner charged with Class C
misdemeanor offense(s) who has been ordered by a Fort Worth municipal judge to serve short
term jail time.
Fort Worth Contractor. Fort Worth Contractor shall mean the entity with which Fort Worth
contracts for services related to Book-In of Prisoners at 350 Belknap, Fort Worth, Texas, and the
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1.6 Detention Facility. Detention Facility shall have the meaning as set forth in the second Whereas
clause above.
1.7 Division Captain. Division Captain means the Fort Worth Police Department Community
Programs Division Commander.
1.8 FWPD. FWPD means the Fort Worth Police Department and its personnel.
1.9 Jail Administrator. Jail Administrator means the NRH employee who serves as the Detention
Facility Jail Administrator.
1.10 Magistration. Magistration means the performance of that duty by a Texas magistrate to inform
a prisoner of the charges he or she is accused of, his or her 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.
1.11 Non-Fort Worth Class C Warrant. A Non-Fort Worth Class C Warrant means a warrant issued
for an offense that occurred outside the city limits of Fort Worth or for which the City of Fort
Worth does not have original jurisdiction.
1.12 Prisoner. Prisoner means (i) any Class C Committal or (ii) any prisoner arrested by an agent of
Fort Worth and charged with a Non-Fort Worth Class C warrant(s).
1.13 PC Determination. PC Determination means the determination by a Texas magistrate of probable
cause for the arrest.
1.14 Prisoner Day. Prisoner Day means a 24-hour period beginning from the time of intake by NRH.
1.15 Shared Services Agency. Shared Services Agency shall mean NRH, City of Watauga, City of
Richland Hills, or City of Haltom City.
1.16 Daily Housing Rate. The daily housing rate shall be per Prisoner, per each Prisoner Day shall be
paid in accordance with the Fee Schedule attached as Exhibit"A".
Section 2.
Term and Payment
2.1 Term. This Agreement shall be for a term of one year("Initial Term"), commencing on October
01, 2023 and ending on September 30, 2024. Unless terminated earlier in accordance with Section 7.1
herein, or unless extended by mutual written agreement of the parties,this Agreement shall automatically
renew for four consecutive terms of one year each following the Initial Term (each a"Renewal Term").
2.2 Payment by Fort Worth. Fort Worth shall pay NRH the Daily Housing Rate, in an approximate
annual amount not to exceed Two Hundred Thousand and 00/100 Dollars ($200,000.00). NRH shall
invoice Fort Worth on a quarterly basis with the detail supporting the amount of the invoice. Fort Worth
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shall pay the invoice within thirty (30) days of receipt. Pursuant to Texas Government Code Section
791.011, NRH acknowledges that the payment by Fort Worth set forth herein fairly compensates NRH
for the services and functions performed under the contract.
Section 3.
Detention Processing and Services
3.1 Book-In of Arrested Persons.
3.1.1 Detention services shall be provided for Prisoners who are arrested on Non-Fort Worth
Class C Warrants and for Prisoners that are committed by a Fort Worth municipal judge to
confinement for a short period of time. Fort Worth shall confirm any other agency warrants,Book-
In the Arrested Person, and perform PC Determination prior to transfer to the Detention Facility.
3.1.2 For Arrested Persons who are charged with Non-Fort Worth Class C Warrants,Fort Worth
will notify the confirming agency from which the warrants originated that the Arrested Person will
be transferred, detained, and housed at the Detention Facility, providing the mnemonic address
NRAA" and"NRAK" for future notifications between the Detention Facility and the confirming
agency.
3.1.3 Added Charges.
3.1.3.1 If a Shared Services Agency adds a Class B or above charge(s) to the Prisoner after the
Prisoner is accepted into the custody of NRH in the Detention Facility, NRH shall Book In the
Prisoner and the Prisoner shall become a Shared Services Agency prisoner, shall cease to be a Fort
Worth Prisoner, and the Daily Housing Rate shall not apply from the time of NRH book-in.
3.1.3.2 If an agency that is not a Shared Services Agency adds a Class B or above charge(s)to the
Prisoner after the Prisoner is accepted into the custody of NRH in the Detention Facility, that
agency must make arrangements to transport the Prisoner to their facility or a direct transport to a
county jail within 24 hours of adding the charge, and NRH shall send Fort Worth a notification of
release through teletype. If the Prisoner is not picked up within 24 hours, the Prisoner will be
granted a personal recognizance bond with instructions that the Prisoner"must appear to that court
within 10 days of release" by the North Richland Hills Municipal Judge. The Prisoner will be
provided a copy of the bond, the bond will be mailed to that agency, and a teletype will be sent to
that agency advising of the release.
3.2 Acceptance of Prisoners.
3.2.1 NRH shall accept Prisoners anytime except during the hours from 6:30am to 12pm
Restricted Hours") daily. NRH and Fort Worth shall mutually agree on a drop off time outside
of the Restricted Hours, provided that the Prisoners have been Booked-In by Fort Worth and PC
Determination has been performed prior to transfer. Fort Worth must call the NRH Detention
Facility in advance of transport to the Detention Facility and report(i) estimated time of arrival at
the Detention Facility,(ii)number of Arrested Persons,and(iii)gender of Arrested Persons. Upon
receipt of the report in the advance transport call, NRH shall prepare for the required Prisoner
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searches and dress outs. NRH, in consultation with Fort Worth, reserves the right to modify the
drop off time in the event the Restricted Hours or agreed upon drop off time is interrupting or
negatively impacting NRH Detention Facility operations.
3.2.2 Fort Worth shall provide the Book-In Form and orders for commitment executed by the
City's municipal court judge for each Arrested Person upon arrival at the Detention Facility and
NRH shall complete the necessary NRH intake forms, including the NRH medical form and the
NRH property form.
3.2.3 Fort Worth's transporter shall stay until all Prisoners have been searched and the NRH
intake forms completed.
3.2.4 NRH will accept only minimal personal property for Prisoners,with the general rule being
that the property must be of the size that fits on the Prisoner's person or in the Prisoner's pockets.
Fort Worth shall place any Prisoner's personal property that measures larger than the property
storage system utilized by NRH in the Fort Worth Police Property Room.
3.2.5 If the Arrested Person is intoxicated, sick,injured,or is showing signs of mental incapacity,
NRH shall have the right to refuse the Prisoner entry into the Detention Facility.
3.3 Housing,Custody, and Care of Prisoners.
3.3.1 NRH agrees to accept full responsibility for the custodial care of all Prisoners. NRH shall
provide for the secure custody,care and safekeeping of Prisoners, in accordance with Texas Police
Chiefs Association (TPCA) best practices and state and local law. NRH shall provide all
necessary Prisoner restraint devices,Prisoner temporary clothing,property control items,and other
such related equipment required for the Detention Facility. NRH shall provide the necessary
detention officers and other employees to properly supervise and operate the Detention Facility.
NRH will not provide for Magistration, arraignment, or intoxilyzer operation services.
3.3.2 NRH shall be solely responsible for all control,techniques, sequences,procedures, means,
and for the coordination of the Detention Facility and all work performed under the terms and
conditions of this Agreement in regard to the holding and incarceration of all Prisoners accepted
into custody by NRH at the Detention Facility.
3.3.3 The actual searching and detention of all Prisoners at the Detention Facility is the primary
responsibility of NRH; however,this does not preclude Fort Worth from assisting with combative
or resisting persons.
3.3.4 NRH shall maintain a log and other applicable records of all significant events related to
Prisoners. NRH shall investigate all in-custody deaths and Critical Police Incidents(as defined by
FWPD General Orders) which occur during detention by NRH. NRH shall provide Fort Worth
with access to all investigative materials related to in-custody deaths involving Fort Worth
prisoners and Critical Police Incidents. Fort Worth shall provide input on any such investigation
as deemed necessary by the parties.All final decisions regarding an investigation under this section
or disciplinary action, if any, of any NRH employee shall be at the discretion of the NRH Police
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Chief. All final decisions regarding an investigation under this section or disciplinary action, if
any, of anyFort Worth employee shall be at the discretion of the Fort Worth Police Chief.
3.3.5 NRH shall provide language translators at the Detention Facility when necessary to
communicate commands or instructions during incarceration. This does not preclude Fort Worth
from using qualified personnel to assist with language translations.
3.3.6 NRH shall make available to Fort Worth, upon Fort Worth's request, a Prisoner for
interview, interrogation, or other legal purposes, in accordance with reasonable regulations
established by NRH.
3.3.7 It is the understanding of the parties that the expected daily average for Prisoners is
approximately five per day, though in special instances the daily average may be exceeded. Fort
Worth shall notify NRH in advance of any special events that Fort Worth anticipates may result in
a larger number of Prisoners than the daily average. If the Detention Facility is full and NRH
cannot accept more Prisoners,NRH shall notify Fort Worth jail sergeant as soon as practicable.
3.4 Bonding Services. NRH shall provide bonding services, other than Magistrate services related to
bonding,at the Detention Facility.Transfer of bond payments shall be made by either one of the following
methods: (a) in accordance with the designated payment system through the North Central Texas Council
of Governments (NCTCOG) Interlocal Agreement for shared services for electronic warrant payments,
attached hereto as Exhibit "C"; or (b) in accordance with the procedures for handling misdemeanor and
felony warrants as set forth in the Standard Operating Procedures,as amended,for the North Central Texas
Crime Information Center (NCTCIC), Section: Misdemeanor and Felony Warrants, Parts C(6), D, E, F,
and H, with NRH''acting as the "apprehending agency" as set forth therein, a copy of which is attached
hereto as Exhibit"D."
3.5 Prisoner Reports. NRH shall provide Fort Worth a daily listing of all Prisoners in custody at the
Detention Facility including their names, reason for detention,the number of hours each Prisoner has been
confined at the Detention Facility and a running total of Prisoner Days for the current contract term.
3.6 Medical Services.
3.6.1 NRH shall provide routine medical services to all Prisoners housed at the Detention
Facility. Routine medical services include (i) those services authorized by law to be provided by
on-site staff; (ii) provision of non-prescription medicines and commonly available medical
supplies; and (iii) provision of prescription medications provided that the medicine has the
Prisoner's name on the prescription label and the prescription is not expired.
3.6.2 In-custody transportation for emergency medical treatment will only be provided for
Prisoners who are classified as Class C Committals. If a Prisoner who is being detained for a Non-
Fort Worth Class C Warrant requires emergency medical treatment,that Prisoner will be released
by NRH and the original agency will be notified to reactivate the warrant. Should the need arise
for an in-custody transportation of emergency medical treatment of a Prisoner who is classified as
a Class C Committal, an NRH police officer shall provide security for up to a maximum of two
hours until a Fort Worth police officer can respond to the medical facility to assume custody.
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FWPD will provide a single point of contact number for NRH to call for a FWPD unit to respond.
FWPD will prioritize the call to ensure as rapid response as possible given existing workload.
NRH shall send notice of the medical transport via teletype message to the outside agency from
which the Prisoner's warrant originated, if applicable.
3.7 Release Functions.
3.7.1 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 NRH of any discharge date for
Prisoners.
3.7.2 NRH will perform all release functions and will release all Prisoners as soon as practicable
when such release is requested in writing from a magistrate, the Fort Worth Chief of Police or
designee,or otherwise authorized by law. The request for release shall be accomplished utilizing
the form agreed-upon by NRH and Fort Worth.
3.7.3 NRH shall provide all required documents and information, as required by statute or
directive, to all Prisoners who are released or bonded. NRH shall make the notifications for
release of family violence offenders required by Article 42.21 of the Texas Code of Criminal
Procedure, and any other release notifications as required by law, and return the completed
notification form to Fort Worth.
3.7.4 A Class C Committal who has served less than the time required under the commitment
order shall be allowed to pay in full the remaining dollar amount on the commitment order,upon
approval of a magistrate, and NRH shall release the Class C Committal upon receipt of said
payment. Payment shall be processed in the manner set forth in Section 3.4 of this Agreement.
3.8 Detention Facility Maintenance. NRH shall be responsible for maintenance and repairs at
Detention Facility. NRH shall maintain all areas designated as "public access" at the Detention Facility
at a clean and safe condition. The Detention Facility shall also comply with NRH's City Code, and all
State and Federal regulations and standards.
3.9 Prisoner Testing. NRH agrees that if a Fort Worth employee or contractor experiences an
exposure to a blood-borne pathogen and the source is under the control and custody of Detention Facility,
NRH shall allow the Fort Worth Fire Department's EMS personnel to enter the Detention Facility to seek
the 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 Fort Worth employee or contractor to an infectious disease
shall be the responsibility of Fort Worth.
3.10 Staff Training.NRH agrees that it will train all staff members on the operations and procedures
related to the handling of Arrested Persons and the Property at the Detention Facility. NRH agrees to
provide notice to staff, and training when necessary, of new policies/practices related to this Agreement
within thirty (30) days of the effective date of the change.
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3.11 Fort Worth Contractor. Fort Worth may use the Fort Worth Contractor to perform its duties
under this Agreement.
Section 4.
Responsibility for Losses
4.1 Non-Liability for Acts of Other Party. 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 NRH, its officers
or employees in relation to the performance of this Agreement or the condition of real or personal property
controlled by NRH. NRH, 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.
4.2 Comparative Responsibility. If both Fort Worth and NRH are found to be liable for any claims,
damages or attorney fees arising from the negligent or illegal acts of NRH and Fort Worth employees
under this Agreement, NRH 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.
4.3 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 liability for the loss
under its workers compensation insurance. If any NRH officer or employee suffers any loss while
performing duties contemplated by this Agreement,NRH shall be at risk for the liability for the loss under
its workers compensation insurance.
Section 5.
Performance Standards and Standard Operating Procedures
5.1 Standard Operating Procedures. The parties agree to adhere to the NRH Standard Operating
Procedures for jail operations. A copy of which shall be provided to Fort Worth upon request.
5.2 Compliance Report. The Jail Administrator and the Fort Worth Police Department Division
Captain(or their designees)shall jointly complete an annual physical inspection of the Detention Facility.
An annual report concerning compliance with all Performance Standards listed in Exhibit "B" to this
Agreement shall be jointly developed not later than the 1st day of June each year. The report shall be
provided to the Chiefs of Police of Fort Worth and NRH.
Section 6.
Notice
6.1 In General. Notice to either party shall be in writing, and may be 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.
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6.2 To Fort Worth. The address for Fort Worth for all purposes of this Agreement and for all notices
hereunder shall be:
City Manager
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
With a copy to:
Chief of Police
Fort Worth Police Department
505 W. Felix Street
Fort Worth, Texas 76115
And a copy to:
City Attorney
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
6.3 To NRH. The address for NRH for all purposes under this Agreement and for all notices
hereunder shall be:
City Manager
City of North Richland Hills
4301 City Point Drive
North Richland Hills, Texas 76180
With copies to the following at the same address as listed above, which such copies shall not
constitute notice:
City Attorney
Chief of Police,North Richland Hills Police Department
Section 7.
Termination
7.1 Termination. This Agreement shall terminate on the earlier of the occurrence of any one of the
following events, unless otherwise agreed to in writing by both parties:
a) September 30, 2024, unless extended by the terms of this Agreement or by agreement of the
parties;
b) Either party may terminate this Agreement for convenience upon ninety (90) days written
notice to the other party;
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c) The happening of any event that renders performance hereunder by NRH impracticable or
i or actionssuchasseveredamagetoordestructionoftheDetentionFacility, byimpossible, g tY
or entities which create a legal barrier to the acceptance of anygovernmentalPjudicialg
Arrested Person or Prisoner; or
d) A breach of this Agreement by Fort Worth, provided that it shall be a condition precedent to
NRH's right to terminate for "cause" pursuant to this Section 7.1(d) that (i)NRH shall first
have given Fort Worth written notice stating with specificity the breach and(ii)if such breach
is susceptible of cure or remedy,a period of thirty(30)days from and after the giving of such
notice shall have elapsed without Fort Worth having effectively cured or remedied such
breach during such 30-day period, unless such breach cannot be cured or remedied within
thirty (30) days, in which case the period for remedy or cure shall be extended for a
reasonable time (not to exceed an additional thirty (30) days provided Fort Worth has made
and continues to make a diligent effort to effect such a remedy or cure. If the breach under
this Section 7.1(d) is not susceptible of cure or remedy, or if Fort Worth does not cure in
accordance with this Section, NRH and Fort Worth may mutually agree to extend the time
for cure; however, NRH would be under no obligation to extend the time for cure and may,
in its sole discretion, terminate this Agreement by giving sixty (60) days' written notice to
Fort Worth. The parties agree that this notice of termination is given in consideration of Fort
Worth's need for time to find an alternative jail arrangement for its municipal jail in the event
of a termination by NRH pursuant to this Section.
e) A breach of this Agreement by NRH, provided that it shall be a condition precedent to Fort
Worth's right to terminate for"cause"pursuant to this Section 7.1(e)that(i)Fort Worth shall
first have given NRH written notice stating with specificity the breach and(ii)if such breach
is susceptible of cure or remedy,a period of thirty(30)days from and after the giving of such
notice shall have elapsed without NRH having effectively cured or remedied such breach
during such 30-day period,unless such breach cannot be cured or remedied within thirty(30)
days, in which case the period for remedy or cure shall be extended for a reasonable time
not to exceed an additional thirty(30) days provided NRH has made and continues to make
a diligent effort to effect such a remedy or cure. If the breach under this Section 7.1(e) is not
susceptible of cure or remedy,or if NRH does not cure in accordance with this Section, Fort
Worth may terminate this Agreement immediately by giving written notice to NRH.
7.2 Prorated Compensation. In the event of a termination,NRH shall be compensated for all services
performed to the termination date. Should NRH be overcompensated for all services performed up to
termination date, 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 8.
Miscellaneous Provisions
8.1 Amendments. This Agreement shall not be modified or amended except by a written instrument
executed by the duly authorized representatives of both parties.
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8.2 Billing. For all amounts owed under this Agreement other than the regular quarterly payments,
NRH shall submit an itemized invoice for the services provided each quarter to Fort Worth. Invoices will
be submitted to the following by mail, email, facsimile transmission, or personal hand-delivery:
Fort Worth Police Department
Fiscal Command Division
505 W. Felix Street
Fort Worth, Texas 76115
Supplierinvoices@fortworthtexas.gov
Fort Worth shall make payment to NRH within thirty (30) days after receipt of invoice. Payment
shall be remitted to:
Director of Finance
City of North Richland Hills
4301 City Point Drive
North Richland Hills, Texas 76180
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.
8.3 Party 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
Detention Facility personnel from communicating and addressing operational issues as they arise.
8.4 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.
8.5 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 performed in Tarrant County, Texas, and venue of any dispute or matter arising under this Agreement
shall lie in the District Court of Tarrant County, Texas.
8.6 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 each party, in the year that services are
rendered.
8.7 Headings. Headings herein are for convenience of reference only and shall not be considered in
any interpretation of this Agreement.
8.8 Binding Nature of Agreement. This Agreement is contractual and is binding upon the parties
hereto.
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8.9 Force Majeure. If either party is unable, either in whole or part, to fulfill its obligations under
this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public
enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods;
restraints or prohibitions by any court, board, department, commission, or agency of the United States or
of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City
government in accordance with applicable law; issuance of a relevant alert by the United States
Department of Homeland Security; any arrests and restraints; civil disturbances; or explosions; or some
other reason beyond the art s reasonable control (collectively, "Force Majeure Event"),the obligations
so affected by such Force Majeure Event will be suspended only during the continuance of such event.
8.10 Severability. In 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.
8.11 Independent Contractor. NRH, its agents, officers, and employees are associated with Fort
Worth only for the purposes and to the extent set forth in this Agreement. With respect to the performance
byNRH herein,NRH is and shall be an independent contractor and subject to theoftheservicesprovidedJP
manage, control, operate, and direct the performancetermsofthisAgreementshallhavethesolerighttop
of the details of its duties under this Agreement. NRH, 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 NRH only for the purposes
and to the extent set forth within this Agreement. With respect to any 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 manage, control, operate and direct the performance of the details
of its duties under this Agreement. Fort Worth, its agents, and employees shall not be considered agents
or employees of NRH, but at all times act as an independent contractor.
8.12 Fiscal Funding Limitation. In the event no funds or insufficient funds are appropriated and
budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due
under this contract by a party, then that party will immediately notify the other party of such occurrence
and this contract shall be terminated on the last day of the fiscal period for which appropriations were
received without penalty or expense to the terminating party of any kind whatsoever,except to the portions
of annual payments herein agreed upon for which funds shall have been appropriated.
8.13 Right to Audit. The parties agree that, until the expiration of three (3) years after final payment
under this Agreement, each party shall have access to and the right to examine any directly pertinent
books, documents, papers and records involving transactions relating to this Agreement to determine
compliance herewith. The parties agree that the party requesting the audit shall have access during normal
working hours to all necessary facilities of the other party and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this Section. The party
requesting the audit shall give not less than ten (10) business days advance written notice of intended
audits.
8.14 Defenses or Immunities. By entering into this Agreement, neither Fort Worth nor NRH waives
any defenses or immunities, which may be extended to it by operation of law, including sovereign
immunity and any limitation on the amount of damages.
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8.15 Authority. The undersigned officers and/or agents of the parties hereto are the properly authorized
on behalf of the parties hereto, andofficialsandhavethenecessaryauthoritytoexecutethisAgreement
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.
8.16 Electronic Signature. This Agreement may be executed by electronic signature, which will be
considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted
versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically
inserted via software such as Adobe Sign or DocuSign.
q
Executed in multiple originals on this the A7 day of D ecem,b e r , 2023.
CITY OF NORTH RICHLAND CITY OF FORT WORTH
HILLS
orkey
Mark Hindman Fernando Costa
City Manager Assistant City Manager
City of North Richland Hills City of Fort Worth
Date: 1 d,1 a f a?",
aGr -
v() i Date: Nov 22, 2023
Attest: 1 Attest:
ti.a.!. '+„.. ,
ice',
Traci Henderson, As t CiS +eici Jannette Goodall, City Secretary
City of North Richland Hills City of Fort Worth
APPROVED AS TO FORM AND LEGALITY:
fens Mapes
Jerris Mapes(Nov 21, 02314:50 CST)
Maleshia B. McGinnis, City Attorney Jerris Mapes, Sr.Asst. City Attorney
City of North Richland Hills City of Fort Worth
fit/i/Robert AUene Jr.(Nov 22,2023 08: 45 CST)
Mike Young Robert A. Alldredge, Jr
Chief of Po c Executive Assistant Chief
City of No Richland Hills City of Fort Worth NEM Council Action@ jy
Fort Worth-NRH Detention Services Doke Apprvved gi I l 12023
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Official Record Copy.
EXHIBIT "A"
Section 1
ESTIMATED FEE SCHEDULE
Detention Facility services daily cost per bed shall be calculated annually in accordance with
NRH's fiscal year Police Department operating budgeted amount for the Detention Facility adjusted
annually to include budgeted increases in operating costs, and capital costs to expand, operate,modify or
upgrade the existing jail and intake facilities used by Fort Worth pursuant to this Agreement as anticipated
to be approved by the NRH City Council during the annual budgeting process for the upcoming fiscal
year beginning October 1,
Each annual payment for the Administrative Charge shall be based on the Estimated Costs
described below, adjusted annually, based on NRH's respective departmental costs anticipated to be
approved by the NRH City Council during the annual budgeting process for the upcoming Fiscal Year
beginning October 1.
NRH shall notify Fort Worth of the anticipated costs of the Detention Facility services,
dispatching,general and administrative charges by May 30th of each fiscal year for budgeting and planning
purposes. The final costs will be determined and communicated in writing when the NRH City Council
adopts the annual budget, but shall not exceed the estimate by more than 5%. The annual cost increase for
Fort Worth for Detention Facility services, and administrative costs shall not exceed the percentage
increase of the NRH Police Department's annual operating budget.
Section 2
Estimated Costs
Detention budget 1,977,262
Admin charge 38,000
System admin 0
Total 2,015,262
of beds 72
Annual cost per bed 27,989.75
Daily cost per bed 76.68
Prisoners per day 5
Prisoners per week 35
Add'l prisoners per week 5
Total prisoners per week 40
Fort Worth-NRH Detention Services
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City Secretary Office
v" Official Record icy
Days per year 365
Holidays per year 10
Net days 355
Net weeks per year 51
Round down 50
Total prisoners per week 40
Weeks per year(net) 50
Total 2,000
Annual prisoner beds 2,000
Cost per bed 76.68
Annual revenue $153,360.00
Prisoners per month w/multi-night 3
Estimated add'l nights 3
Total per month 9
Annual total 108
Daily cost per bed 76.68
Annual revenue for add'l days 8,281.44
Total Revenue 161,641.44
Fort Worth-NRH Detention Services
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Cit Secretary Officeyfsy
Pr- cord Copy
EXHIBIT "B"
Section 1
Performance Standards—City of NRH
1.1 Accepting Prisoners.
Coordination will be made between the FWPD jail personnel (or the Fort Worth Contractor) and
NRH personnel in order to facilitate the transfer of prisoners from the Fort Worth City Jail to the
NRH Detention Center. Should NRH indicate that they are currently unable to accept prisoners
transferred from the Fort Worth City jail, NRH personnel shall indicate an alternate time when
they will accept custody of prisoners being transferred,not to exceed a time of more than six hours
from the initial request for transfer.
1.2 Prisoner Complaints.
NRH shall investigate all prisoner complaints concerning abuse, mistreatment, or stolen property
against their personnel at the Detention Facility in accordance with NRH standard operating
procedures. NRH shall notify the FWPD Jail Sergeant or Division Captain of all complaints and
provide a copy of the completed investigation report to the Fort Worth Division Captain.
Section 2
Performance Standards—City of Fort Worth
2.1 Medical Care.
Before presenting Arrested Persons to NRH at the Detention Facility, 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.
2.2 Contraband/Weapons.
Fort Worth shall thoroughly search all Arrested Persons, any bag, purse or other container,
removing all weapons and contraband that should have been reasonably located. Three 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. 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 time of arrival at the Detention Facility,FWPD shall present all necessary arrest documents
to NRH. Prisoners that are not presented with the necessary documents at the time of transport
shall not be accepted.
Fort Worth-NRH Detention Services
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City of Fort Worth,Texas
Mayor and Council Communication
DATE: 09/26/23 M&C FILE NUMBER: M&C 23-0819
LOG NAME: 35JAIL NRH ILA2
SUBJECT
ALL)Authorize Execution of an Interlocal Agreement with the City of North Richland Hills in the Amount Not to Exceed$200,000.00 for Detention
Services for the Police Department and Authorize Four One-Year Renewal Terms
RECOMMENDATION:
CityisrecommendedthattheCityCouncilauthorizeexecutionofanInterlocalAgreementwiththe of North Richland Hills,in the amount not to
exceed$200,000.00 for detention services for the Police Department and authorize four-one-year renewal terms.
DISCUSSION:
In 2018,the City of Mansfield provided detention services,including booking,transferring,and detention of prisoners arrested by the City of Fort
Worth. However,the agreement with Mansfield expired on September 30,2018. As a result,the City of Fort Worth Police Department
approached the City of North Richland Hills(NRH)to provide detention services for Class C commitments or warrants previously provided by the
City of Mansfield.
On September 25,2018,by and through Mayor and Council Communication C-28878,the Fort Worth City Council authorized execution of an
interlocal agreement with NRH in an amount not to exceed$200,000.00 annually.The agreement included an initial term from October 1,2018
through September 30,2019 and included four one-year renewals. Accordingly,the agreement with NRH has run its course and requires further
authorization from the City Council.
NRH will provide housing for City prisoners,at an approximate average of 5 prisoners a day for an average stay of 1.5 days.The North Richland
Hills Detention Facility will have the proper number of attendants to manage custody of City prisoners and secure limited personal belongings.
NRH will also provide security for emergency medical transportation of City prisoners as needed. Food and beverages that meet the Texas Police
Chief Association best practices will be given to City prisoners.
This agreement calls for the NRH to be paid up to$200,000.00 for the 12 month period for its initial term,as defined below.The City will be
invoiced on a monthly basis at a rate of$76.68 per prisoner,per 24-hour period.
Upon City Council approval,the agreement will begin on October 1,2023,and will end on September 30,2024.The City will have four one-year
options to renew the agreement and each renewal term will run from October 1 to September 30 of the following year.The compensation to
NRH for renewal terms may be adjusted based on increases to their actual expenses,but any expenditures in excess of those amounts allowed to
be approved administratively in accordance with Fort Worth City Code Section 2-9 will be brought back to City Council for approval.
A Form 1295 is not required because:This contract will be with a governmental entity,state agency or public institution of higher education:CITY
OF NORTH RICHLAND HILLS
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and adoption of the Fiscal Year 2024 Budget by the City
Council,funds will be available in the Fiscal Year 2024 operating budget,as appropriated,in the General Fund Fund. Prior to an expenditure
being incurred,the Police Department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office by: Fernando Costa 6122
Originating Business Unit Head: Neil Noakes 4212
Additional Information Contact: Robert Alldredge,Jr. 4131