HomeMy WebLinkAboutResolution 2002-050 IGA with pima county for incarceration of prisonersMARANA RESOLUTION NO. 2002-50
A RESOLUTION OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE TOWN TO
ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE:
PURPOSE OF iNCARCERATION OF THETOWN'S PRISONERS.
WHEREAS, the Town of Marana requires use o fan appropriate facility for incarceration of its
prisoners; and
WH:EREAS, the Mayor and Council of the Town of Marm~a have deten~ned that the Pima County
Jail, owned and operated by Pima County, Arizona, will fulfill the Town's needs; and
WHEREAS, A.R.S. § 1-952 grants the Town the authority to enter into intergovernmental
agreements; and
WHEREAS, the Town and Pima County are currentlyparties to an intergovernmental agreement
providing for incarceration of the Town's prisoners; and
WHEREAS, said intergovernmental agreement shall soon expire; and
WHEREAS, the Mayor and Council have determined that approval of the Intergovernmental
Agreement between the Town of Marana and Pima County for Payment for the Incarceration of Municipai
Prisoners, attached hereto as Exhibit A and incorporated herein by this reference, is in the b est interest of
the Town and its residents.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana,
Arizona, as follows:
Section 1.
Section 2.
Section 3.
The Town is hereby authorized to enter into the Intergovernmental Agreement between the
Town of Marana and Pima County for Payment for the Incarceration of Municipal
Prisoners, attached hereto as Exhibit A and incorporated herein by this reference.
The Mayor of the Town of Marana is hereby authorized to execute said intergovernmental
agreement.
The Town staff is hereby authorized to take all steps necessary to implement said
intergovernmental agreement and give it effect.
Marana, Arizona Resolution No. 2002-50 Page 1 of 3
Section 4.
That all orders or resolutions in conflict with this resolution be and the same are, to the
extent of such conflict, herebyrepealed, and that this resolution be in full force and effect
immediately upon its adoption.
PAS SED AND ADOPTED by the Mayor and Com~cil of the Town of Marana, Arizona, this 16th
day of April, 2002.
ATTEST:
APPROVED AS TO FORM:
As Town Attorney
and not personally
M~yor ~--~Y/SUTTON, JR.
Marana, Arizona Resolution No. 2002-50 Page 2 of 3
Exhibit A
Intergovernmental Agreement Between Town of Marana and Pima County for Payment for the
Incarceration of Municipal Prisoners
Marana. Arizona Resolution No. 2002-50 Page 3 of 3
INTERGOVERNMENTAL AGREEMENT
BETWEEN
TOWN OF MARANA
AND
PIMA COUNTY
FOR
PAYMENT FOR THE INCARCERATION
OF MUNICIPAL PRISONERS
THIS INTERGOVERNMENTAL AGREEMENT, entered into pursuant to ARS §
11-952 (as amended) by and between:
THE TOWN OF MARANA, a municipal corporation, (hereinafter sometimes
referred to as the "Town"); and
THE COUNTY OF PIMA, a body politic and corporate, a political subdivision of
the State of Arizona, (hereinafter sometimes referred to as the "County"),
NOW THEREFORE, THE TOWN AND COUNTY HEREBY AGREE AS
FOLLOWS:
County will receive and detain all murficipal prisoners who are medically fit to be
incarcerated by County. County will provide booking services, and after booking, it
will provide for the care, feeding and medical care of said prisoners, except as
covered in paragraph 8.
Town of Marana will pay a first day billing rate of $ 71.48 dollars to cover booking
and records expenditures and prisoner housing. For each prisoner day following the
first day, the Town of Marana shall pay $ 52.00 per day. The two rates are applicable
to the period of July 1, 2002 through June 30, 2003 and shall be calculated as set forth
in exhibit A. The billing day as defined herein applies to each Town of Marana
prisoner who is an inmate in, or under control of the detention facilities maintained
and operated by the County.
o
"Town of Marana Prisoner" shall mean any person who has been incarcerated as a
result of a charge pending in the Town of Marana Court, as a result of an agreement
between the Town of Marana and another jurisdiction to allow the person to serve his
sentence locally, or has been sentenced pursuant to an order of the Town of Marana
Court and for whom the Town of Maraca has the Legal obligation to provide or pay
for prisoner housing (this Agreement does not create such an obligation, that
obligation exists under current Arizona Law). A person who is a prisoner because of
an in-custody charge and a charge pending in Town of Marana Court or a sentence
Page 1 of 6
imposed by the Town of Marana Court, is not a Tov..n of Marana prisoner. A prisoner
arrested by the Town of Marana Police Department on another governmental enlity
warrant is not a Town of Marana prisoner.
4. Cr/teria and Rules Governing Billing:
A "billable day" is defined as that period commencing at 0000 hours and
ending at 2359 hours that same day, or any fractional part thereof, of any day
the Town of Marana prisoner is in the custody or control of detention facilities
maintained and operated by the County.
"Billable Custody" is defined as any pretrial custody involving a misdemeanor
offense which will be tried or adjudicated in Town of Marana Court; OR, any
custody pursuant to a sentence imposed by the Town of Marana Court.
5. Criteria for Assessment of Billing:
The costs of incarceration of Tbwn of Marana prisoners shall commence on
the day the inmate was booked or held based upon a Town of Marana charge
into Town of Marana Court or sentenced by Town of Marana Court. Costs for
incarceration shall cease under the guidelines established earlier in this
agreement under the definition of "Billable Day."
When a prisoner is in custody for a charge or sentence from more than one
Municipal court, the billing charges shall be apportioned based on those days
of joint custody. Costs for incarceration shall be apportioned evenly between
municipalities. If two municipalities have pending charges on a prisoner, each
municipality will be charged for half the cost for each day that joint custody
exists under gu/delines establishe/t under the defin/tion of"Billable Day."
A Town of Marana prisoner who is subsequently charged into Pima County
Court and held in-custody on County charges, will cease to accrue billing
charges after 2359 hours on the date that custody for County charges is
established. County custody shall take effect on the date when charging
information is received in the Pima County Adult Detention Center Records
Section and the prisoner is actualIy being held in-custody on the County
charges. Also, a County prisoner who subsequently becomes a Town of
Marana prisoner will commence to accrue billing charges after 2359 hours on
the date that County custody ends.
In the event of an escape, billing charges will cease to accrue after 2359 hours
of the day of escape, or, in the case of a failure to report from authorized
leave, billing charges will cease after 2359 hours of the last day of custody.
Page 2 of 6
Billing charges will begin again on the day that the prisoner is recaptured and
is actually being held in the Pima County Detention Facility.
County will submit a statement of Town of Marana prisoner charges on a monthly
basis. This statement shall provide information in alphabetical order as follows:
name of prisoner, booking date and hour, release date and hour, indication of booking
day billing or subsequent day billing, billing period, daily rates, total billing days, and
the total bill. The Town shall be allowed access to necessary comp}~/er systems in a
timely manner to verify the billing.
Any individual prisoner charges contested shall be made known to the County within
30 days after receipt of the monthly billing. If the Town notifies the County of a
dispute within the 30 days of receipt of the monthly billing, the Town may withhold
payment on those specific prisoners for whom billing is disputed until the dispute has
been resolved. No dispute will be accepted if not made within the 30 days after the
receipt on the monthly billing. If not contested in writing by the County, the dispute
will be considered resolved in favor of the Town. Disputes about the billing
statement shall be jointly reviewed by both parties and satisfactorily resolved within
45 days of the monthly billing. All chai-ges shall be paid within sixty days of receipt
of the monthly billing, excluding contested charges. Contested charges shall be paid
10 days of'resolution of the dispute. Charges remaining unresolved after the 60~day
period may be arbitrated by a mutually acceptable third par'ry. Town agrees to pay
interest on outstanding charges be~nning on the l0th day after resolution of the
billing at a rate of 10% per annum until paid. Town agrees that a check is sent to
County in payment of previously disputed charge, Town will attach an invoice
detailing what specific charges are being paid. Town agrees that when funds are
withheld due to a disputed charge, the specific charge being disputed, and the amount
of payment being withheld, will be specified on an invoice attached to the payment
check for the period in which the charge disputed was included. Town agrees to
attach to each check submitted to County an invoice indicating the dates for which
that check is to be applied.
Transportation of prisoners to To'an of Marana Court or other locations, only as
ordered by the Town of Marana Court, shall be the responsibility of the Town of
Marana. The County shall be responsible for transportation of prisoners for medical
care after the prisoner has been in jail custody for ninety minutes or more.
In regard to booking and related services and procedures, upon submission of the
completed booking document to the Jail Intake Support Specialist County will
immediately accept into jail custody all Town arrestees that present no obvious health
issues that make the prisoner medically unacceptable for booking. The Town agrees
that such conditional acceptance will shorten the time officers spend in the booking
process and benefit the Town. Within the initial ninety minutes, County medical
personnel will make a determination as to the prisoner's medical condition. Town
agrees that if the prisoner presents a serious, emergent medical problem requiting
Page 3 of 6
10.
ll.
12.
13.
14.
hospital examination or medical rejection for booking within 90 minutes of the time
of booking, Town will send an officer to the jail to transport the prisoner for such
medical examination or care as may be medically required as soon as possible. If a
prisoner is taken from the jail for medical evaluation and returns to be incarcerated,
the Town of Marana will not be charged twice for the first day billing rate orS 71.48.
By accepting the prisoner for the initial 90 minute evaluation period County does not
in any way accept responsibility for the cost of medical care to be provided to that
prisoner should it be determined by County that the prisoner requires hospitalization
or that prisoner is medically unacceptable for booking. County will provide such
booking and related services as prescribed by operations plans jointly approved by the
Town of Marana Police and the SheriffofPima County.
This agreement shall cover the time period from July 1, 2002 through and including
June 30, 2003. County agrees to provide Town with anticipated changes to the per
diem rates for the ensuing year by December 1, 2002. The per diem rates for fiscal
year 2003/2004 shall be subject to adjustment after negotiations are conducted by
both parties.
Neither party shall be obliged to the otb'er party for any costs incurred pursuant to this
Agreement, except as herein provided.
Nothing in this Agreement shall be construed as either limiting or extending the
statutory jurisdiction of either of the signing parties hereto.
Each party agrees to indemnify, defend and save harmless the other, their appointed
boards and commissions, officials, employees and insurance carriers, individually and
collectively from all losses, claims, suits, demands, expenses, subrogation, attorney's
fees or actions of any kind resulting from all personal injury including bodily injury
and death, and property damage occasioned during :the term of this Agreement for
acts or omissions of such party. Each party represents that it shall maintain for the
duration of this Agreement, policies of public liability insurance covering ali of their
operations undertaken in implementation of this Agreement, providing bodily injury
limits of not less than Five Hundred Thousand Dollars ($500,000) for any one person,
of not less than One Million Dollars ($1,000,000) for any one occurrence, and
property damage liability to a limit of not less than One Hundred Thousand Dollars
($100,000). The parties may fulfill the obligations of this Article by programs of self-
insurance equivalent in coverage.
The parties agree to be bound by arbitration, as provided in Arizona Revised Statutes,
§ 12-1501 et. seq., to resolve disputes arising out of this Agreement where the sole
relief sough~-is monetary damage of $20,000 or less, exclusive of interest and costs.
Notwithstanding any other provision in this Agreement, this Agreement may be
terminated with thirty days notice, if for any reason the Pima County Board of
Supervisors does not appropriate sufficient monies for the purpose of maintaining this
Page 4 of 6
15.
A~eement. In the evenl of such cancellation, Count.3, shall have no further obligation
to the Town other than for services already provided.
Either party may, at any time and without cause, cancel this Agreement by providing
ninety (90) days written notice of intent to cancel.
16.
17.
This Agreement is subject to the provisions of ARS § 38-51 I.
Each party to this Intergovernmental Agreement shall comply with all federal, state,
and local laws, rules, regulations, standards, and Executive Orders, without limitation
to those designated within this Agreement. The laws and regulations of the State of
Arizona shall govern the rights of the parties, the performance of this Agreement, and
any disputes hereunder. Any action relating to this Agreement shall be brought in a
court of the State of Arizona in Pima County. Any charges in the governing Iaws,
rules, and regulations during the terms of this Agreement shall apply, but do not
require an amendment.
18.
TOWN and COUNTY will not discriminate against any TOWN or COUNTY
employee, client or any other individual in any way involved with the TOWN or
COUNTY, because of race, age, creed, color, religion, sex, disability or national
origin in the course of carrying out duties pursuant to this Intergovernmental
Agreement. TOWN and COUNTY agree to comply with the provisions of Arizona
Executive Order 99-4, which are incorporated into this agreement by reference as if
set forth in full.
19.
Each party shall comply with all applicable provisions of the Americans with
Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable
federal regulations under the Act, including 28 CFR Parts 35 and 36.
Page 5 of 6
20.
This document, including Exhibit A, constitutes thc entire intergovernmental
Agreement between the parties and shall not be modified, amended, altered or
changed except through a written amendment sigmed by the parties.
SIGNED AND ATTESTED THIS
DAY OF
., 2002.
ATTEST:
TOWN OF MARANA, a municipal
corporation
Town of Marana Clerk
Mayor
ATTEST:
PIMA COUNTY, a body politic
Clerk, Board of Supervisors
Chair, Board of Supervisors
Date
Date
APPROVED AS TO FORM AND
LEGAL AUTHORITY:
.~PPROYED AS TO FORM AND
LEGAL AUTHORITY:
To~m of Marana Attorney
Gerard M. Guerin, Deputy County Attorney
Legal author/W: ARS § 11-201,
ARS § 11-951 through 954,
ARS § 11-251
Page 6 of 6
Calculation of Per Diem Rates
EXHIBIT A
There shall be two billing rates applicable to the prisoners incarcerated on behalf of the Town of
Marana. A separate rate shall apply to the first day of incarceration to recapture booking and
intake costs. Another separate rate shall be applied to the second and all following days of
incarceration. Annually, each per diem rate shall be mutually agreed upon b~e,fore July 1.
The per diem rate applicable to the first day shall recover the booking and intake
costs associated with each prisoner, whether the prisoner is booked and released
or incarcerated. The first day rate shall be calculated based on the budgeted
expenditures of the Booking and Intake organizational unit and its associated
indirect costs divided by the actual number of bookings of Town prisoners as
shown in schedule
The first day rate shall be calculated separately and the costs will be excluded
from the basis for the rate charged for the second day of incarceration and all
days following the second day. The Sheriff's cost centers included in the base
calculation for the first day rate are:
Food Service
· Supply Unit
Corrections Property
· Corrections Booking/Records
· Janitorial/Facilities Management
· Central Service Cost Allocation
· Depreciation
The indirect costs will be allocated according to the pementage relationship
that the mount of Full Time Equivalent (FTE) staffing of Booking?~ntake is
to the amount of FTE staffing of Support Operations, Operations, Corrections
and Booking/Intake combined. An example of the calculation follows:
FTE's %
Support Operations 209
Operations 366
Con'ecfions 480
Booking/Intake 47
Total 1,102
I8.97%
33.21%
43.56%
4.26%.
100.00%
Page 1 of 3
In this case, the indirect cost allocation rate would be 4.26% calculated by
dividing the FTE staffing of the Booking/Intake unit by the combined FTE
staffing: 4'7/1,102
The second and all following days of incarceration shall be billed at a rate to
cover budgeted expenditures for Correction Bureau costs, Adjustments, Support
Operations costs, Other Costs and Indirect costs. The organizational units to be
included in the second and following days rate for Correction Bureau costs are:
· Corrections Staff
· Food Services Unit
· Classification Unit
· Supply Unit
· Corrections Property
· Janitorial/Facilities Maintenance
· Medical Unit
,, Mental Health Unit
· Work Furlough
· Commissary
· Main Jail Operations
· Corrections Basic Training
· Judicial Security
After the Corrections Bureau budgeted expenditures have been calculated certain
adjustments to total expenditures will be applied as offsets or reductions. The
offsets will be made for the budgeted revenues and expenditures of the following
organizational units: Judicial Security, Work Furlough Release Revenues and
Commissary Revenues. The offsets of these units will be reductions to total
Correction Bureau costs. Any other offsets Will be mutually a~eed upon when
they become an element of the annual budget prgcess.
Support operations costs are an indirect element of the Sheriffs budgeted
expenditures to be included in the per diem rate. The organizational units to be
included in the Sheriff s internal indirect rate 9alculation are:
· Department Staff
· Administration Bureau Staff
· Behavioral Science
· Finance
· Personnel
· Training
· Data Services
· Communications
Page 2 of 3
The Sheriff's internal indirect cost a]location rate shall be the percentage that the
amount of FTE Corrections Bureau staffing is to the combined amount of FTE
staffing of Support Operations, Operations, and Corrections.
An Example of the calculation follows:
Bureau FTE's %
Support Operations 209
18.97%
Operations 366 33.21%
Corrections 527 47.82%
Total 1,102 100.00%
The indirect cost allocation rate is 47.82%; it is the result of 527/1,102.
Other costs to be included in the second day and following days rate will include
the allocation of internal central service costs of Pima County as shown in the
most current Central Services Cost Allocation Plan. If the plan is out of date by
more than one fiscal year, the most current CPI index will be applied for each
prior fiscal year to internal allocations of expenditures to reach an amount
adjusted for inflation in the current fiscal year. These indirect costs will be
allocated to the Corrections Bureau costs in the same percentage as shown under
paragraph A, above. Other costs will also include one hundred percent of the
annual Property, Plant and Equipment expense of $1,589,863.
Page 3 of 3
Corrections Staff
Schedule 1
Example of Calculation of Booking/Intake Per Diem Rate
Budget First
FY XX/XX Day Rate
Food Services Unit
Classification Unit
Supply Unit
Corrections Property
Corrections booking/records
Janitorial/Fac. Maint
Medical Unit
Mental Health Unit
Work Furlough
Commissary
Main Jail Operations
Corrections Basic Training
Judicial Security
Subtotal
Judicial Security
Work Furlough Release Revenues
Commissary Revenues
Corrections Cost:
Support Operations Costs:
Other Costs:
Total
Total inmate Days/Bookings*
Per Diem Rate
$999,999
9,999,999
999,999
999,999
999,999
999,999
9,999,999
9,999,999
999,999
999,999
999,999
99,999,999
99,999
9,999,999
99,999,999
99,999
99,999
99,999
999,999
99,999
(9,999,999)
(999,¢99)
(999,999)
99,999,999
9,999,999
999,999
999,999
9,999,999
9,999,999
99,999,999
9,999,999
99,999'
$99.99
Second
Day Rate
$999,999
9,999,999
999,999
999,999
~, 999,999
999,999
9,999,999
999,999
999,999
999,999
99,999,999
99,999
9,999,999
99,999,999
(9,999,999)
(999,999)
(999,999)
99,999,999
9,999,999
9,999,999
99,999,999
999,999
$99.99