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HomeMy WebLinkAboutResolution 2008-058 IGA with pima county for incarceration of municipal prisonersMARANA RESOLUTION N0.2008-58 RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING THE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR PAYMENT FOR THE INCARCERATION OF MUNICIPAL PRISONERS. WHEREAS, the Town of Marana requires use of an appropriate facility for incarceration of its prisoners; and WHEREAS, the Mayor and Council of the Town of Marana have determined that the Pima County Jail, owned and operated by Pima County, Arizona, will fulfill the Town's needs; and WHEREAS, A.R.S. Section 11-952 grants the Town the authority to enter into intergovernmental agreements; and WHEREAS, the Town and Pima County are currently parties to an intergovernmental agreement providing for incarceration of the Town's prisoners; and WHEREAS, said intergovernmental agreement will expire June 30, 2008; and WHEREAS, the Mayor and Council of the Town of Marana have determined that renewal of the Intergovernmental Agreement between the Town of Marana and Pima County for Payment for the Incarceration of Municipal Prisoners through June 30, 2009 is in the best interests of Town and its residents. NOW, THEREFORE, BE TT RESOLVED by the Mayor and Council of the Town of Marana, Arizona as follows: Section 1. 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. Section 2. The Mayor of the Town of Marana is hereby authorized to execute said intergovernmental agreement. Section 3. The Town staff is hereby authorized to take all steps necessary to implement said intergovernmental agreement and give it effect. Section 4. That all orders or resolutions in conflict with this resolution be and the same are, to the extent of such conflict, hereby repealed, and that this resolution be in full force and effect immediately upon its adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of May, 2008. ATTEST: '~ ~~~~~ celyn C. t ronson, Town Clerk APPROVED AS TO FORM: c_ r Cas ,Town Atto ey `, Mayor Ed Honea ® o ~O`,'C`~~un-~ ~,js ti~~ C~RePoo~TF ~Aa s -~ SFAY.: ~ !A ~~~~~~iuwo~'~®®~~ ~~ ij~~ eq~~z .{ ~~~e F. ANN RODRIGUEZ, RECORDER ' `RECORDED BY: CDD DOCKET: 13324 DEPUTY RECORDER ~oa ~l~ ~ ~ PAGE : NO. OF PAGES: 2 7 8 7 g 1785 PE1 P0230 ~ ~ ~ O~ SEQUENCE: 20081120677 PIMA CO CLERK OF THE BOARD ~~ ~~~y ~ S 06/10/2008 PICKUP ,o `9jtIZ01`SQ' 18:00 PICKUP AMOUNT PAID $ 0.00 RESOLUTION NO. 2008-126 J RESOLUTION OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA, AUTHORIZING AND APPROVING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND TOWN OF MARANA RELATING TO PAYMENT FOR THE INCARCERATION OF MUNICII'AL PRISONERS WHEREAS, Pima County operates an Adult Detention Facility, and WHEREAS, the Town of Marana has a legal obligation to provide or pay for prisoner housing for Town of Marana prisoners, and WHEREAS, the Town of Marana and Pima County have agreed that the Town will pay the County for incarceration of Town of Marana prisoners as provided in the Intergovernmental Agreement for Payment for the Incarceration of Municipal Prisoners; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: That the Chair of the Pima County Board of Supervisors is hereby authorized and directed to execute the attached Intergovernmental Agreement between Pima County and the Town of Marana on behalf of Pima County, and that the Clerk of the Board is authorized to countersign and file this Agreement with the Pima County Recorder as required by law. BE IT FURTHER RESOLVED that the various County officers and employees are hereby authorized to perform all acts necessary to give effect to this Resolution. PASSED AND ADOPTED THIS 3rd day of June , 2008. r Pima Co oard C air ~~ ~ ~~~~ Date Approved As To Form: Deputy Coun ttorney Date . ; ., I ,d. ~1 ,~ a MARANA RESOLUTION N0.2008-58 RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING THE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR PAYMENT FOR THE INCARCERATION OF MUNICIPAL PRISONERS. WHEREAS, the Town of Marana requires use of an appropriate facility for incarceration of its prisoners; and WHEREAS, the Mayor and Council of the Town of Marana have determined that the Pima County. Jail, owned and operated by Pima County, Arizona, will fulfill the Town's needs; and WHEREAS, A.R.S. Section 11-952 grants the Town the authority to enter into intergovernmental agreements; and WHEREAS, the Town and Pima County are currently parties to an intergovernmental agreement providing for incarceration of the Town's prisoners; and WHEREAS, said .intergovernmental agreement will expire June 30, 2008; and WHEREAS, the Mayor and Council of the Town of Marana have determined. that renewal of the,Intergovernmental Agreement between the Town of Marana and Pima County for Payment for the Incarceration ofMunicipal Prisoners through June 30, 2009 is in the best interests of Town and its residents. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona as follows: Section 1. The Town is hereby authorized to enter into the Intergovernmental Agreement 1, between the Town of Marana and Pima County for Payment for the Incarceration of Municipal ,4` Prisoners, attached hereto as Exhibit A and incorporated herein by this reference. ~~f~ Section 2. The Mayor of the Town of Marana is hereby authorized to execute said ~,'k intergovernmental agreement. ~ ~;~. ~~ia aw;, Section 3. The Town staffis hereby authorized to take all steps necessary to implement said intergovernmental agreement and give it effect. Section4. That all orders or resolutions in conflict with this resolution be and the same are, to the extent of such conflict, hereby repealed, and that this resolution be in full force and effect immediately upon its adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of May, 2008. L~ ~ - ff 7 4- ..Mayor Ed Honea ATTEST: ®~~~~~r~~t~~~o celyn C. ronson, Town Clerk ~~~~; ~~4~i -te~°~i ~ ~//i61- APPROVED AS TO FORM: ~isl~~~~' x4~~t,~®ee ,Town Thia f1~!rr1d+~;i' ~~~;;:~; ,~,~,~~t d~tr a16 inoroi~~, r,t~r ~~~_~-~,s3~,~~~~ and docum~r-i~ ray ° ~~,,,;;~, rr th~~ ~(lrltr.9e;t Town of Marana Contract No. INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF MAl[ZANA 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: 1. County will receive and detain all municipal 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. 2. Town of Marana will pay a first day billing rate of $176.25 dollars to cover booking and intake expenditures and prisoner housing. For each prisoner day following the first day, the Town of Marana shall pay $68.79 per day. The two rates are applicable to the period of July 1, 2008 through June 30, 2009. 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. 3. "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 Marana 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 prisoner arrested by the Town of Marana Police Department solely on another governmental entity warrant is not a Town of Marana prisoner. ~4 .:~P i'°'~ ~yy ~titl ~" ~P,:,R ~;~a Page 1 of 6 4. Criteria and Rules Governing Billing: a. 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. b. "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. c. "Local limited jurisdiction courts" are defined as those whose criminal jurisdiction is limited to misdemeanors. 5. Criteria for Assessment of Billing: a. The costs of incarceration of Town 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." b. When a prisoner is in custody for a charge or sentence from more than one local limited jurisdiction, the billing charges for days of joint custody shall be apportioned. Costs of incarceration for days of joint custody shall be apportioned evenly based on the guidelines established under the defmition of "billable day" among those jurisdictions from which custody arises. c. A Town of Marana prisoner, who is subsequently charged into Pima County Superior Court and held in-custody on felony charges, will cease to accrue billing charges after 2359 hours on the date that custody for felony charges is established. Felony 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 actually being held in-custody on the felony charges. ~,:4~ of a!~~ d. 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. Billing charges will begin again on the day that the prisoner is recaptured and j,. is actually being held in the Pima County Detention Facility. 6. 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: Page 2 of 6 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 computer 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 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 30 days after the receipt on the monthly billing. Disputes about the billing statement shall be jointly reviewed by both parties and satisfactorily resolved within 45 days of the monthly billing. All charges shall be paid within sixty days of receipt of the monthly billing, excluding contested charges. Contested charges shall be paid 30 days of resolution of the dispute. Charges remaining unresolved after the 60-day period may be arbitrated by a mutually acceptable third party. Town agrees to pay interest on outstanding charges beginning on the 10`" day after resolution of the billing at a rate of 10% per annum until paid. Town agrees that when 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. 7. Transportation of prisoners to Town 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. 8. 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 j ail custody all Town arrestees that present no obvious health issues that make the prisoner medically unacceptable for booking. The Town agrees a~ that such conditional acceptance will shorten the time ofFcers spend in the booking process and benefit the Town. Within the initial ninety minutes, County medical ~~°+ ,:&W personnel will make a determination as to the prisoner's medical condition. Town ~°~ agrees that if the prisoner presents a serious, emergent medical problem requiring ~~~ 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 'r9 ,~,..~ 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 of $176.25. By accepting the prisoner for the initia190 minute evaluation period County does not in any way accept responsibility for the cost of medical care to be provided to that Page 3 of 6 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 Sheriff of Pima County. 9. This agreement shall cover the time period from July O1, 2008 through and including June 30, 2009. 10. Neither party shall be obliged to the other party for any costs incurred pursuant to this Agreement, except as herein provided. 11. Nothing in this Agreement shall be construed as either limiting or extending the statutory jurisdiction of either of the signing parties hereto. 12. 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 all 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. 13. The parties agree to be bound by arbitration, as provided in Arizona Revised Statutes, § 12-1501 et. sea., to resolve disputes arising out of this Agreement where the sole relief sought is monetary damage of $20,000 or less, exclusive of interest and costs. 14. 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 Agreement. In the event of such cancellation, County shall have no further obligation to the Town other than for services already provided. 15. Either party may, at any time and without cause, cancel this Agreement by providing ninety (90) days written notice of intent to cancel. 16. This Agreement is subject to the provisions of ARS § 38-511. Page 4 of 6 17. 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 laws, 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. ~~, ~~~ s.~P ~~ A^'r ~ti. ~u~ M~S~ Y~ J~w ~iuy~ ~~ ~Cti;~ .d:~ Page 5 of 6 20. This document constitutes the entire Intergovernmental Agreement between the parties and shall not be modified, amended, altered or changed except through a written amendment signed by the parties. SIGNED AND ATTESTED THIS (11 ~ DAY OF O/ , 2008. ATTEST: ~~ own o arana Clerk ATTEST: APPROVED AS TO FORM AND TOWN OF MARANA, a municipal corporation l Mayor ` PIMA CO TY, a body politic .. Chair, Board of Supervisors '~~~~~~ ~~ a~ ~~ Date APPROVED AS TO FORM AND LEGAL AUTHORITY: ~~, ~ Deputy ty Attorney Legal authority: ARS § 11-201, ARS § 11-951 through 954, ARS § 11-251 `~. A,.~ .:~a ~9~P ~r~ ~ti.~ I4:1~ ~~1 ~~;~ I~.h Page 6 of 6