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January 27, 2015 <br /> <br />Discussion: <br /> <br /> The HHRJ considered several factors in the proposal to restructure the reserve <br />fund requirements in the Service Agreement. The HRRJ collects per diem payments in <br />arrears from its member jurisdictions, making it necessary to maintain cash flow with <br />separate Operating Reserve and General Reserve funds. There are now five member <br />cities contributing to the majority (64%) of the revenue, with a continually shrinking <br />revenue portion from state per diems (8%), Compensation Board reimbursement (27%) <br />and no income from federal inmates or detainees. The facility is seventeen years old <br />and requires increasingly costly capital repairs. <br /> <br /> The proposed amendment maintains the same total requirement for a 90-day <br />supply of reserves as currently prescribed, but allocates it differently in the funds for <br />improved flexibility. <br /> <br />Financial Impact: <br /> <br /> There is no direct fiscal impact to the City. <br /> <br />Recommended Action: <br /> <br /> Adoption of the resolution. Vision Principle: A Robust Economy for Working Men <br />and Women. <br /> <br />Next Steps Following Council Action: <br /> <br /> The City Manager will execute the Service Agreement. <br /> <br />Motion by Dr. Edmonds, and seconded by Mr. Meeks, to adopt the following <br />resolution, and was adopted by the following vote: <br /> <br />“RESOLUTION APPROVING AMENDMENT OF THE SERVICE AGREEMENT OF <br />THE HAMPTON ROADS REGIONAL JAIL AUTHORITY TO RESTRUCTURE THE <br />AGREEMENT’S RESERVES POLICY. <br /> <br />WHEREAS, <br /> the Cities of Hampton, Newport News, Norfolk and Portsmouth, <br />Virginia (the “Initial Member Cities”) provided for the creation of the Hampton Roads <br />Regional Jail Authority ( the “Authority”) by agreement (the “Agreement”) approved <br />effective December 14, 1993; and <br /> <br />WHEREAS <br />, the Initial Member Cities and the Authority entered into a service <br />agreement (the “Service Agreement”) effective December 1, 1995, setting forth certain <br />rights and obligations of the Initial Member Cities and the Authority with respect to the <br />construction, use and operation of the Hampton Roads Regional Jail; and <br /> <br />WHEREAS, <br /> the City of Chesapeake, Virginia was admitted as a member of the <br />Authority and approved and became a party to the Service Agreement in 2014; and <br /> <br />WHEREAS <br />, Section 4.3 of the Service Agreement contains certain provisions <br />related to the reserve funds to be maintained by the Authority; and <br /> <br />WHEREAS <br />, on the recommendation of its staff and financial advisor and after <br />analysis of those provisions, the Authority desires to restructure and amend Section 4.3 <br />of the Service Agreement to more accurately represent the utilization of Authority funds <br />and to provide the Authority with reserve funds adequate for its needs and flexibility in <br />the use and replenishment of those reserves; and <br /> <br />WHEREAS, <br /> Section 9.5 of the Service Agreement provides that the Agreement <br />may be amended only with the consent of the Authority and the governing body of each <br />of its member jurisdictions, and the Authority approved the proposed amendment to the <br />Service Agreement at its meeting the 17th day of December, 2014; <br /> <br />WHEREAS <br />, for the reasons and purposes stated above, the City of Portsmouth <br />also now desires to approve the amendment of Section 4.3 of the Service Agreement. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />