HomeMy WebLinkAboutAgenda Packet - January 6, 1992 - CC MEMORANDUM 404!!:)
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Date: December 16, 1991 ,
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To: . Honorable Mayor and Members of the City Council
Via: Henry Garcia, City Administrator:
From: Byron Nelson, Chief of Police JJ��// •
Subject: INS Contract •
The Police Department proposes to occasionally house federal
detainees of the Immigration and Naturalization Service who
are awaiting deportation after having served jail time on
other violations. This service will be provided to INS for a
fee of $76.79 per day per prisoner.
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The proposed contract states that the community's need will
have priority over INS. INS is not to place violent or
mentally ill detainees in our facility. The department can
refuse to accept INS detainees at any time.
Attached is the Intergovernmental Service Agreement. I
recommend approval of this contract.
The department would like to utilize the revenue realized
from this program to fund needed improvements and renovations
to the jail. This will reduce our reliance on the general
fund.
Byron N lson
Chief of Police
Recommended Action: Approve Contract
4),,e2/20 / % 2-71_
� '"' U.S. Department of Justice
Immigration and Naturalization Service
Western Regional Office
• P.O. Boz 30080
• Laguna Niguel, CA 92607-0080 . • ..
November 21, 1991 • WRO.1-099
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The City of Azusa Police Department
Attn: Sergeant Collins •
725 N. Alameda Avenue
. • Azusa, CA 91702-0369
Subject: Intergovernmental Service Agreement
Dear Sergeant Collins:
Enclosed you will find the Intergovernmental Service Agreement for approval. As per your
telephone conversation with Geuy Serrano on 20 November 1991, the modifications requested
have been incorporated into the agreement.
After your agency has signed please return the agreement to me. I will then sign the agreement.
The original executed copy will be retained for our files and a copy will be sent to you for your
disposition.
If you have any questions, or if we can be of assistance to you, please contact Getty Serrano at
(714) 643-4935.
Sincerely,
... 12
Lyn
P. Ken field
4Cont acting Officer
Enclosure
INTERGOV.AGR
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Intergovernmental Service Agreement •
The City of Azusa Police Department
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And
U.S. Department of Justice
Immigration & Naturalization Service
Western Regional Office
P.O. Box 30080
Laguna Niguel, CA 92607-0080
For
Detention of US INS Prisoners
by the
Azusa Poice Department
Agreement Number: WRO J-099
Effective Date: October 1, 1991
INTERGOV.AGR
• Immigration & Naturalization Service • •
• Agreement Schedule •
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Article I- Purpose
The purpose of this Intergovernmental Service Agreement is to establish a formal binding
relationship between the U.S. Immigration & Naturalization Service (USINS) and the City of •
Azusa as "Contractor" for the detention at the Azusa Police Department of persons found to
be in violation of the Immigration & Nationality Act and related criminal statutes.
Article II- Covered Services • •
The housing, safekeeping, and subsistence of USINS detainees by the Contractor shall be in
accordance with the contents of this agreement. The unit of service will be the Detained Day
and the cost per unit is established by the Contractor at $ 76.79 per Detained Day subject to
revision pursuant to Article VI. The types of detainees will be non juvenile males. The duration
of service to be provided will be overnight holds, daily, and long term. Females will be
accepted only on an emergency basis. The Contractor certifies that the unit price is not higher
than the standard rate charged to any other purchaser of similar services. Nothing in this
contract shall be construed to require the contractor to accept INS detainees. INS detainees
shall be accepted by the contractor on a "space available" basis when the contractor does not
expect the facility to be fully utilized with local prisoners. INS will not knowingly place
extremely violent or mentally ill detainees in the contractor's facility.
Article III- Support and Medical Services
The Contractor agrees to accept and provide for the secure custody, care and safekeeping of
USINS detainees in accordance with state and local laws, standards, policies, procedures, or
court orders applicable to the operations of the facility. The Contractor agrees to provide •
USINS detainees with the same level of medical care and services provided local prisoners,
including the transportation and security for detainees requiring removal from the facility for
emergency medical services. All costs associated with hospital or health care services provided
outside the facility shall be submitted through the Contracting Officer's Technical Representative.
Tom Toledo. in the form of an original invoice(s) for direct payment by the USINS. The
Contractor further agrees to note the USINS as soon as possible of all emergency medical cases
requiring removal of a detainee from the facility and to obtain prior authorization for removal
for all other medical services required, with the exception that prior USINS authorization need
not be obtained for the removal of USINS detainees for medical services at outpatient clinics or
other local hospitals.
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INTERGOV.AGR
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Article IV- Receiving and Discharging Detainees
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In receiving or discharging USINS detainees from the facility, the Contractor agrees to receive
and discharge such detainees only to and from persons presenting proper USINS credentials.
USINS detainees shall not be released from the facility or placed into the custody of state or
local officials for any reason except for medical or emergency situations. USINS detainees .
sought for state or local court proceedings may be acquired only with the concurrence of the
USINS. The Contractor has the right to reject or request the immediate removal of any detainee
. from the facility if the subject exhibits violent or disruptive behavior.
Article V- Period of Performance
This agreement shall remain in effect indefinitely until terminated by either party upon 60 days
written notice. Should conditions of an unusual nature occur making it impractical or
undesirable to continue to house detainees, the Contractor may suspend or restrict the use of the
facility by giving written notice to the USINS.
Article VI - Economic Price Adjustment
1. Payment rates shall be established on the basis of actual costs associated with the operation
of the facility during a recent annual accounting period or upon an approved annual
operating budget. Cost Information shall be provided on the attached Addendum, Cost Per
Detainee.
2. The rate may be renegotiated not more than once per year, after the agreement has been
effective for twelve months.
3. The Contractor may initiate a request for a rate increase or decrease by notifying the USINS
in writing at least 60 days prior to the desired effective date of the adjustment. The
Contractor agrees to provide additional cost information to support a rate increase and to
permit an audit of accounting records upon request of the USINS.
4. Criteria used to evaluate the increase or decrease in the per-capita rate shall be those
specified in the Federal cost standards for contracts and grants with State and local
Governments issued by the Office of Management and Budget.
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INTERGOV.AGR
5. The effective date •of the rate modification will be negotiated and.specified on .the •
• • modificationform approved and signed by a USINS Contracting Officer. The effective date •
• will be established on the first day of the month for accounting purposes. Payments at the •
modified rate will be paid upon the return of the signed modification by the authorized local
official to the USINS.
6. Unless other justifiable reasons can be documented by the Contractor, per diem rate
• increases shall not exceed the National Inflation Rate as established by the U.S. Department
of Commerce.
VII- Financial Provisions
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1. The billing address of the USINS office using the facility is as follows:
U.S. Immigration & Naturalization Service
Attn: RODDP
P.O. BOX 30080
LAGUNA NIGUEL, CA 92607-0110
After certified true and correct by the above office, relating invoices will be forwarded to the
following address for payment.
U.S. Immigration & Naturalization Service
Western Regional Office, Attn: ROB UD
P.O. Box 30110
Laguna Niguel, CA 92607-0110
2. The USINS shall reimburse the Contractor at the fixed rate identified in the agreement. The
rate covers one (1)person per detained day. The Government may not be billed for two (2)
days when a prisoner is admitted one evening and removed the following morning. The
Contractor may bill for the day of arrival but not for the day of departure.
3. The Prompt Payment Act, Public Law 97-177 (96 Stat. 85, 31 USC 1801) is applicable to
payments under this agreement and requires the payment to the.Contractor of interest on
overdue payments. Determinations of interest due will be made in accordance with the
provisions of the Prompt Payment Act and the Office of Management and Budget Circular
A-125.
4. Payment under this agreement will be due on the thirtieth (30) calendar day after receipt of
a proper invoice, in the office designated to receive the invoice (paragraph 1.). The date
of the check issued in payment shall be considered to be the date payment is made.
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INTERGOV.AGR
S. The original invoice shall be submitted monthly in arrears to the USINS office that has been .
• • designated to receive invoices as stated in Paragraph 1. To constitute a proper invoice the •
invoice must include the name, address, and phone number of the official designated •
payment office. In addition, it shall list each detainee, the specific dates of confinement for
each, the total days to be reimbursed, the agreed upon rate per day, and the total amount
billed (total days multiplied by the rate per day).
VIII - Modification/Disputes
1. Either party may initiate a request for modification to this agreement in writing. All
modifications negotiated will be written and approved by the USINS Contracting Officer and
submitted to the Contractor for approval.
2. Disputes, questions, or concerns pertaining to this agreement will be resolved between the
USINS and the appropriate Contractor official. Unresolved issues are to be directed to the
Contracting Officer,Immigration&Naturalization Service/ROSSD, Western Regional Office,
P.O. Box 30080, Laguna Niguel, CA 92607-0080.
IX- Inspection and Technical Assistance
1. The Contractor agrees to allow periodic inspections of the facility by USINS. The sole
purpose of said inspections will be to insure a minimally acceptable level of services for the
purpose of this agreement.
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Approved by
Eugene F. Moses Lynn P. Kenfiield
Mayor Contracting Officer (ROSSD)
Immigration & Naturalization
Service, Western Region
P.O. Box 30080
Laguna Niguel, CA 92607-0080
Date Date
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Si G P - X0 - 91 MCN 2 1 : Z X A Z LJ S. A PCL I C M n C P T _ P - 02
• INTERGOY.AGR •
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• JAIL AGREEMENTS
COST'PER DETAINEE . •
DIRECT COST
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- PERSONNEL s 114.250
- FRINGE BENEFT7S $54,385
• FRINGE BENEFITS •
- SUPPLIES, EQUIPMENT, AND SERVICES $4,528
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- FOOD $11,158
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- MEDICAL $8,000
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- REPAIRIMAINTENANCE $ 8,011
- CLOTHING/DRY GOODS $2,000
- LAUNDRY sl_nn0
- LIBRARY SERVICE
- MENTAL HEALTH SERVICES•
- OPERATING COSTS $61 _177
- OTHER
INDIRECT COSTS
- BUILDING DEPRECIATION _
- EQUIPMENT DEPRECIATION
- INSURANCE $232,700
TOTAL COSTS
. AVERAGE DAILY POPULATION 19
COST PER PRISONER/PER DAY $76.79 •
7111. 3h 6
001011.1111.
AGENDA ITEM
MEMORANDUM
To: Honorable Chairman and Board of Directors
From: Robb Steel, Redevelopment Director
Via: Henry Garcia, Executive Director \
Subject: Appointment of Redevelopment Project Manager
The Agency has completed recruitment for the position of Redevelopment Project
Manager. The recommended candidate is Richard Forintos. Richard is currently
employed by the City of Fullerton as Associate Redevelopment Planner.
Richard has been active in redevelopment for 18 years for the cities of Burbank and
Fullerton. He has experience in the development of affordable housing and creation of
loan and grant programs to promote downtown revitalization. He also helped the City
of Fullerton solicit restaurant users for a City owned site. All of these capabilities will
be useful in the Agency's work program.
RECOMMENDATION
Approve appointment of Richard Forintos to the position of Redevelopment Project
Manager subject to satisfactory completion of the pre-employment physical exam.
RRS/cbf