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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. 36 , 0�7 3 9 M M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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 [2) 0 0 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 [3] Tommy Swaim, Mayor CITY OF SHERWOOD Bill Harmon, Mayor CITY OF MAUMELLE Glenn DeHan, Jr., Mayor