164781 ORDINANCE NO. 16,478 q O O
2 ($ v
3 AN ORDINANCE ADOPTING AMENDMENTS TO
4 THE MEMORANDUM OF AGREEMENT
5 (INTERLOCAL AGREEMENT) DATED
FEBRUARY 15, 1990; TO PROVIDE
6 FUNDING FOR OPERATIONS OF THE
7 PULASKI COUNTY JAIL; DECLARING AN
8 EMERGENCY; AND FOR OTHER PURPOSES.
9
10 WHEREAS, an interlocal agreement was entered into on
February 15, 1990, concerning the costs of operating a regional
11 jail facility in Pulaski County; and
12 WHEREAS, the Board adopted an ordinance to approve entry
13 into this interlocal agreement; and
14 WHEREAS, the costs of operating this jail now appear to be
greater than the amount contemplated by the parties when the
15 interlocal agreement was entered into; and
16 WHEREAS, the parties have agreed to hire a consultant to
17 review the operation costs of the jail; to set up a trust fund
18 to fund any excess costs of operations; and to review the issue
19 of costs contained in the interlocal agreement after the jail
has been in operation for a period of three years; and
20 WHEREAS, it is necessary to approve an amendment to the
21 interlocal agreement to accomplish these changes.
22 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
23 THE CITY OF LITTLE ROCK, ARKANSAS:
24 SECTION 1. The proposed amendment to the interlocal
agreement of February 15, 1990, concerning the operation of the
25 Pulaski County Jail and attached to this ordinance are hereby
26 adopted.
27 SECTION 2. Severability. In the event any portion of this
28 ordinance or the amendments adopted hereby is declared or
29 adjudged to be invalid or unconstitutional, such declaration or
adjudication shall not affect the remaining portions of the
30 ordinance or .amendments hereby adopted, which shall remain in
31 full force and effect as if the portion so declared or adjudged
32 invalid or unconstitutional was not originally a part of this
33 ordinance or the amendments.
34 SECTION 3. Emergency Clause. The need for a regional jail
that is able to operate without deficit expenditures is
35 necessary to preserve the public health, safety and welfare.
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M M M M M M s M M M M r M
This operation •s in jeopardy and
interlocal agreement are necessary to
operate this jail once it is opened.
declared to exist and this ordinance
effect from and after the date of its
PASSED: September 1, 1993
these amendments to th@4 81
assure that the County can
An emergency is therefore
shall be in full force and
execution.
• fI A MI,
. Exhibit to Ord. #16,478
AMENDMENT q
TO `�32
MEMORANDUM OF AGREEMENT
This Amendment to Memorandum of Agreement entered into
on this day of 1993, by and between
Pulaski County, Arkansas (the County) and the cities of
Little Rock, North Little Rock, Jacksonville, Maumelle and
Sherwood (the Cities), WITNESSETH:
That the County and Cities entered into a Memorandum
of Agreement dated February 15, 1990, concerning the costs of
operating a regional jail facility by the County. The County
and Cities wish to amend the Agreement and to make this
Amendment a part of the original Agreement. That which
follows shall apply in addition to the general sections
contained in the Agreement. In the case of a conflict
i
therewith, the Amendment shall be construed as exceptions to
the general sections.
SECTION 1. It is the intent of this Amendment to
accomplish the following:
(a) End a protracted conflict between the County and
Cities;
(b) To
for
(c) To
the
Cit
SECTION
be implemented
expressed.
arrive at a method providing adequate funding
the County's regional jail facility;
provide a rational basis upon which to divide
jail operation funding among the County and
Les who will make use of the entire facility.
2. The original Memorandum of Agreement shall
under the terms and conditions as currently
SECTION 3 . ` qq
f B 3
(a) On or before the new regional jail becomes fully
operational, the County shall deposit $3.2
million in an interest bearing trust fund
account; The trust fund will be credited to the
Cities of Little Rock, North Little Rock,
Jacksonville, Sherwood and Maumelle in a
proportionate amount to the claims now made by
the Cities against the County for maintaining
County prisoners in their respective City jails;
(b) The funds shall only be used by the County as
needed to meet the funding requirements of the
new regional jail operations for the next three
years. All requests by the County for trust funds
shall be submitted to the Cities or their
designee(s) for their review before any funds
shall be released to the County;
(c) If during the term of this agreement all Cities
unanimously agree that funds have been improperly
spent by the County such expenditures will
constitute grounds for termination of the
Memorandum of Agreement, as amended.
(d) At the end of three (3) years from the date of
full operation of the new regional jail, all
monies remaining in the trust fund shall be
distributed to the Cities in a proportionate
amount to the claim currently made by each City
and any claims remaining will be extinguished.
SECTION 4. The Cities will jointly hire a jail
consultant to review the complete County jail budget proposed
and used by the County for the years 1994, 1995 and 1996. The
County agrees to make all records available that, in the
opinion of the consultant, are necessary to arrive at
conclusions and recommendations for cost saving
opportunities. The consultant shall be hired on a bid basis.
The consultant shall be paid directly by the Cities. However,
the Cities shall be reimbursed from the trust funds after the
reasonableness of the expenditures have been reviewed by the
County Judge or his designee.
SECTION 5. The Cities and the County shall forthwith
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dismiss their respective appeals of the current litigation. `8 4
The definition of when a prisoner becomes a County prisoner
shall be that which has been established by the Circuit Court
in its Order of February 8, 1993. City of Little Rock, et al,
v. Villines, et al., Pulaski County Circuit No. 89 -4185.
SECTION 6. At the end of three (3) years from the
effective date of the Agreement, the Cities and County shall
make a good faith effort to renegotiate any of the terms and
conditions of the Agreement, as amended, if County funds
available for the jail operations, coupled with the Cities'
annual payments, are insufficient. However, the Cities and
the County shall consider any cost saving recommendations of
the consultant as evidence of the sufficiency of funds
available or necessary for the jail operations. If the funds
are insufficient or if costs have increased disproportionate
to available funding, the terms of the Agreement, as amended,
will be renegotiated to reflect the actual costs of operation
and realistic annual payments needed from the Cities.
IN WITNESS WHEREOF, the parties hereto have executed
this Amendment to Memorandum of Agreement the day and year
first above written.
PULASKI COUNTY CITY OF JACKSONVILLE
oy G. 'ill Ines, III
County Judge
CITY OF LITTLE ROCK
Jim Dailey, ayor
CITY OF NORTH LITTLE ROCK
Patrick Henry Hays, Mayor
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Tommy Swaim, Mayor
CITY OF SHERWOOD
Bill Harmon, Mayor
CITY OF MAUMELLE
Glenn DeHan, Jr., Mayor