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HomeMy WebLinkAboutContract 25705 CITY SECRETARY CONTRACT NO. '70� STATE OF TEXAS § § MEMORANDUM OF UNDERSTANDING COUNTY OF TARRANT § (AMENDED) 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 continuing negotiations regarding the housing of City prisoners in the County Jail. 2. One of the issues being negotiated is the amount of charges to be paid by the City for the County's housing of City prisoners. 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 declined to pay the County on that basis, but 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 were contained in a Memorandum of Understanding (City Secretary Contract No. 23900) executed by City and County in May 1998. 5. City and County now intend to amend the May 1998 Memorandum of Understanding and replace it with the terms of this Memorandum of Understanding. 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, other than with regard to the provisions of Term No. 3, below, concerning the finality of payments made and accepted. 7. The City and County will continue negotiations regarding the charges for City prisoners and other issues of mutual importance. TERMS: 1. City has made and will continue to make monthly 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, with following additional provision: Beginning effective October 1, 1998, City's payments for prisoner care shall be increased by 2% annually for each fiscal year (October 1 through September 30) this agreement is in effect. To cover the period from October 1, 1998 through September 30, 1999, City shall make a lump sum payment to County of $42,005 upon the execution of this Memorandum of Understanding by both parties. Beginning with the October 1999 monthly payment, City's monthly payment will include 1/12 of the 2% annual adjustment. 2. County shall make payment in lump sum to City of amounts billed and owed under the May 1998 Memorandum of Understanding for space used by the Justice of the Peace Court and leased by City to County. County agrees to pay to the City on the date of execution of this Memorandum of Agreement the total amount of the past due rentals for said space, and will continue to make payments for said space as billed by the City. 3. City and County hereby agree that the payments made and accepted hereunder constitute full and final payment for prisoner care services and for courtroom rental, respectively, for the months in which the payments are made. City and County shall continue negotiations in good faith regarding these and other issues relating to the City/County jail agreement with the intention that any agreements reached during those negotiations shall apply on a go-forward basis. 4. This Memorandum of Understanding shall be for a period from October 1, 1998 through September 30, 2000. Noting that the City and County are working towards a revised City/County jail agreement encompassing the issue of prisoner care charges, the City Manager and County Administrator shall submit to their respective governing bodies, no later than June, 2000, an amendment to continue this Memorandum of Understanding. 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. 2 STATE OF TEXAS TARRANT COUNTY CITY OF FORT WORTH BY: � � By: County Judge ity Manager By: Datesigned: Cou ty Administra`� Date signed: APPROVED AS TO F APPROVED AS TO FORM: District VIney's Office City Attorney ATTEST: •f City Secreta Contract Authorization 3/ 1 & 3 Date - - EXHIBIT A The number of estimated arrests shown in the following table were calculated by increasing actual 1996/97 figures by 10t. 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 FLOC MISD El TOTAL DAYS Oct. 96 491 2,303 464 3,258 5,391 Nov. 96 382 2, 148 442 2,972 4,810 Dec. 96 385 2,255 391 3,031 4,928 Jan. 97 542 2,483 503 31528 5,854 Feb. 97 161 2,038 367 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 21382 536 31032 4,451 June 97 136 21154 473 21763 4,113 July 97 132 2,335 540 31007 41439 Aug. 97 101 21503 612 31215 4, 669 Sept.97 193 2,385 481 3,058 4, 635 ' Totals 21997 27,094 5,723 35,794 55,294 ANNUAL COST BASED ON PER DIEM OF $34 x 55,294 $1,880,005.00 ANNUAL COST MEDICAL CARE BASED ON PER DIEM OF $4 220.000.00 TOTAL PRISONER CARE COST AT $38 PER DIEM $2,100,005. 00, . EQUAL MONTHLY INSTALUMUS TO COUNTY $ 175,000.42 FOP,TWOP,TH October 6, 2000 Mr. G. K. Maenius Tarrant County Administrator 100 East Weatherford Fort Worth, Texas 76196-0609 Re: City/County Jail MOU Dear G. K.: Enclosed is an executed copy of the letter of agreement, dated September 7, 2000, continuing the City/Tarrant County Memorandum of Understanding. The Fort Worth City Council approved the agreement (M&C C-18267) at its meeting on October 3, 2000. Sincerely, Bob Terrell City Manager Enclosure CITY MANAGER'S OFFICE THE CITY OF FORT WORTH * 1000 THROCKNNORTON STREET * FORT WORTH, TEXAS 76102 (817) 871-6111 * FAX (817) 871-6134 �> Printed on recycled paper •tat CoU1VTv•• ae' J1�;• ;F U1; TARRANT COUNTY COMMISSIONERS COURT September 7, 2000 G. K. MAENIUS COUNTY ADMINISTRATOR Bob Terrell City Manager City of Fort Worth 1000 Throckmorton St. Fort Worth, Texas 76102 REF: City/County Jail MOU Dear Bob: Tarrant County and the City of Fort Worth entered into a Memorandum of Understanding in May 1998 concerning the placement of City prisoners in the Tarrant County jail system. This original MOU was amended in March 2000 by increasing the amount of monies paid by the City to the County for these services to $2,184,845.20 for the period of October 1, 1999 through September 30, 2000. The amended MOU also required that you and I submit to our governing bodies an amendment to continue this MOU. According to our discussions, the MOU will be extended for a one-year period beginning October 1, 2000. Additionally, the City agrees to pay the County $2,228,542.10, which represents a 2% increase over the current amount. These payments are to be made in twelve monthly payments beginning in October 2000. All other elements of the MOU shall remain the same. If you are in agreement with these two issues, please indicate by signing this letter in the space below and return it to me. S ncer ly G. K. aenius Approved `� J —Bob Terrell MOU-city county jail TARRANT COUNTY ADMINISTRATION BUILDING 100 E. WEATHERFORD, FORT WORTH, TEXAS 76196-0609 817/884-1733 FAX 817/884-1702 City of Fort Worth, Texas qV11yor and coun"K consamunication DATE REFERENCE NUMBER LOG NAME PAGE 3/21/00 C-17939 12JAIL 1 of 2 SUBJECT APPROVAL OF AMENDED CITY/COUNTY JAIL MEMORANDUM OF UNDERSTANDING RECOMMENDATION: It is recommended that the City Council approve an amended Memorandum of Understanding with Tarrant County concerning prisoner care payments for the housing of City prisoners in the Tarrant County Jail system. DISCUSSION: On May 12, 1998 (M&C C-16774), the City Council approved a Memorandum of Understanding (MOU) City Secretary Contract (No. 23900) with Tarrant County concerning the housing of City-arrested prisoners in the Tarrant County Jail system. The MOU provided for payment by the City to Tarrant County in an amount totaling $2,100,005.00 annually, in monthly installments of $175,000.41, for the housing of City prisoners. In compliance with the MOU, the City has been making these payments to Tarrant County. It is requested that the City Council approve the attached Amended MOU to replace the prior MOU. The Amended MOU contains the following major elements: The Amended MOU covers the period from October 1, 1998, through September 30, 2000; and The Amended MOU increases the City's payments by 2% for the period from October 1, 1998, through September 30, 1999, and by 2% for the period of October 1, 1999, through September 30, 2000. This provision for a fiat 2% annual increase is in lieu of any retroactive adjustment in prisoner care charges in the revised comprehensive City/County jail agreement being negotiated; and The Amended MOU requires the City Manager and the Tarrant County Administrator to submit to their respective governing bodies, no later than June 2000, an amendment to continue the Amended MOU; and The Amended MOU was approved by the Tarrant County Commissioners Court on March 14, 2000. 9• City of Fort Worth, Texas "agar and Couni"R Communication DATE REFERENCE NUMBER I LOG NAME PAGE 3/21/00 C-17939 12JAIL 2 of 2 SUBJECT APPROVAL OF AMENDED CITY/COUNTY JAIL MEMORANDUM OF UNDERSTANDING FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. CB:j Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Charles Boswell 8511 ppTAPMOVFQ Originating Department Head: 1 I 1 COUNCIL David Yett 7606 (from) MAR 21 2= GG01 539120 0357200 $84,840.36 �&.Additional Information Contact: two.,/ City lls+cretary of No David Yett 7606 C ity 61 Fort WortX 74zas