AMENDMENT NUMBER FIVE TO INTERLOCAL AGREEMENT FOR BOOKING AND RELATED SERVICES BETWEEN TRAVIS COUNTY ANDT THE CITY OF AUSTIN  This Amendment Number Five to the Interlocal Agreement Between Travis County And City Of Austin For Booking And Related Services ("Amendment Number Five") is entered into by and between the following parties: Travis County, Texas, a political subdivision oft the State of Texas (the "County"), and the City of Austin, al home-rule municipal corporation situated in Travis, Hays, and Williamson Counties (the "City"), pursuant to the Interlocal Cooperation Act, WHEREAS, in August of2006, the County and City (collectively, the "Parties") entered into that certain interlocal agreement entitled "Interlocal Agreement Between Travis County and City WHEREAS, the Agreement provides that during each fiscal year oft the. Agreement, the County and City will meet and negotiate the amount of compensation to be paid by City to County in the WHEREAS, the. Agreement provides that the amount of compensation to be paid by City to County for the following fiscal year will be included in an amendment to the Agreement; and, WHEREAS, the County and City have negotiated and agreed upon the amount of compensation to be paid by the City to County during the FY 11 Term ofthis Agreement and desire to enter into this Amendment Number Five to set out the payments to be made by the City to the County NOW, THEREFORE, in consideration of the above premises, the Parties approve this 1. General Statement of Intent. City and County have determined that it will be mutually beneficial for the City and the County to continue to use one Central Booking Facility for the booking, detention and magistration ofCity prisoners and County prisoners. The Central Booking Facility (the "Facility") is primarily operated by the County, but the City also contributes to the operation oft the Facility by providing identification and magistration services for prisoners booked into the Facility. Both the City and the County incur certain expenses in  Chapter 791 oft the Texas Government Code.  of Austin for Booking and Related Services (the 'Agreement"); and,  following fiscal year; and,  during the FY 11 Term, and other amendments.  Amendment Number Five to the Agreement as follows:  connection with Central Booking Facility operations.  2. Definitions  "Fiscal Year 11", "FY1l"and "FY 11 Renewal Term" all refer to the one-year period that  begins on October 1,2010 and continues through September 30, 2011.    "County Direct Expenses" are those expenses incurred by the County in connection with the operation oft the Facility which the Parties have agreed should be included in the computation of "City Direct Expenses" are those expenses incurred by the City in connection with the operation oft the Facility which the Parties have agreed should be included in the computation oft the City's  the City'ss share oft the overall cost oft the operation.  share oft the overall cost ofthe operation.  3. Cost Model for FY11  County's Direct Expenses (budgeted) Less City's Direct Expenses (budgeted) Net County Direct Expense City's percentage oft bookings (FY 09) Plus 25% Intake Control Officer Plus 6.5% of Net County's Direct Expenses (administrative costs) Less 6.5%ofCity's Direct Expenses (administrative costs) City's Share ofTotal CBF Cost  $9,724,644 ($2.297,169) $7,427,476 74.53271% $5,535,899 26,169 482,786 (149.316) $5,895,538  4. Payments to be Made by City to County During Fiscal Year1 11. For and in consideration of the services to be rendered by County pursuant to this Agreement during the FY11 Renewal Term (October 1, 2010 through September 30, 2011), the City shall pay to the County the total amount of Five Million Eight Hundred Ninety Five Thousand Five Hundred Thirty Eight Dollars ($5,895,538), payable in four equal payments as follows: $1,473,884.50 on or before December 31,2010; $1,473,884.50 on or before March 31,2011; $1,473,884.50 on or before June 30, 2011;and, $1,473,884.50 on or before September 30, 2011. All such payments are subject to the 5. True-Up. The computation oft the amounts to be paid by City to County during the FY 11 Renewal Term as shown in section 3 above is based upon projected amounts of City Direct Expenses and County Direct Expenses for FY 11 as included in budget documents and the numbers of prisoners booked in FY 09, as shown in Exhibit A-1, which is attached hereto and made a part hereof. Within ninety (90) days after the end ofFY 11, COUNTY and CITY will exchange information regarding their actual expenditures in FY11 for each item of expense included City's Direct Expenses and County's Direct Expenses and COUNTY will provide to CITY the actual numbers of prisoners booked during the FY 11 Renewal Term. Using the actual booking numbers and actual expenditures for FY11, the Parties will re-compute the CITY'S Share ofTotal Central Booking Facility Costs. Ifthe City's Share ofTotal Central Booking Facility Cost as determined using actual FY 11 booking numbers and expenditures exceeds the total amount oft the payments made from CITY to COUNTY during the FY 11 Renewal Term,  "True-Up" provision described in Section 5 below.  2    CITY will make an additional payment to COUNTY in an amount equal to the difference between the total amount paid and the amount to be paid as determined using actual FY11 booking numbers and expenditures. Such additional payment shall be made within one hundred fifty (150) days after the end ofthe FY 11 Renewal Term. Ifthe City's Share ofTotal Central Booking Facility Cost as determined using actual FY11 booking numbers and expenditures is less than the total amount oft the payments made by CITY to COUNTY during the FY11 Renewal Term, COUNTY will deduct the difference from the next quarterly billing to the CITY. Costs and expenses that are not anticipated, disclosed to, and approved by the parties before the effective date oft this Agreement or the effective date of any renewal shall not be considered properly incurred unless later agreed upon by City and County for the purposes of performing  the true-up.  6. The Parties agree to re-evaluate the Cost Model during FY11.  7. The total cost of phlebotomy services during the agreed upon hours for FY 2011 shall not 8. Except for the changes in this Amendment Number Five, all other terms and conditions oft the This Amendment Number Five shall be signed in duplicate originals and shall have an effective  exceed $62,351.  Agreement, as previously amended, shall remain in full force and effect.  date ofOctober 1, 2010. COUNTYOF TRAVIS  By: dbme 7 Brocee Samuel T. Biscoe, County Judge  Date: September d9,2010  CITY OF AUSTIN  By:  Date:  2010  Marc A. Ott, City Manager  3