HomeMy WebLinkAboutResolution 2005-066 IGA renewal with pima county for incarceration of municipal prisoners
F. ANN RODRIGUEZ, RECORDER
RECQRDED ~Y: J_V
DEPUTY RECORDER
4437 PE3
DOCKET: 12592
PAGE: 1626
NO. OF PAGES: 9
SEQUENCE: 20051330567
07/12/2005
RES 13:59
P0230
PIMA CO CLERK OF THE BOARD
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RESOLUTION NO. 2005-165
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 MUNICIPAL
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 5th
day of July
,2005
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JUL 0 5 2005
Approved As To Form:
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MARANA RESOLUTION NO. 2005-66
RELATING TO ADMINISTRATION; AUTHORIZING THE RENEWAL OF AN
INTERGOVERNMENTAL AGREEMENT WIlli PIMA COUNTY FOR PAYMENT OF
HOUSING MUNICIPAL PRISONERS.
WHEREAS, the Town of Maran a requires use of an appropriate facility for incarceration of
its prisoners; and
WHEREAS, the Mayor and Council of the Town of Maran a have determined that the Pima
County Jail, owned and operated by Pima County, Arizona, will fulfill the Town's needs; and
WHEREAS, AR.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 ofthe Town's prisoners; and
WHEREAS, said intergovernmental agreement shall soon expire; and
WHEREAS, the Mayor and Council of the Town of Maran a have determined that renewal of
the Intergovernmental Agreement between the Town of Maran a and Pima County for Payment for the
Incarceration of Municipal Prisoners, incorporated herein by this reference, 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
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.
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Section 3. The Town staff is hereby authorized to take all steps necessary to implement saidointergovernmental agreement and give it effect.
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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 ofthe Town of Maran a, Arizona, this
7"'dayofJune, 2005. ~ e.-
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CONTR!...CT
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AMENDMENT NO.
This number r-~:: ;::2ar
Invoices. CC'"::::' :~':e
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contract.
en all
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Town of Marana Contract No.
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 9
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 w ill 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 $119.26 dollars to cover booking
and intake expenditures and prisoner housing. For each prisoner day following the
first day, the Town of Marana shall pay $56.10 per day. The two rates are applicable
to the period 0 f Ju ly 1, 2005 through Ju ne 30, 2006. T he 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.
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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 prisoneris 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 ofM~ana 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 definition 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 c ease 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.
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
is actually being held in the Pima County Detention Facility.
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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:
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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 10th 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 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 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
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$119.26.
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
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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 01,2005 through and including
June 30, 2006.
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, a nd 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 anyone person,
of not less than One Million Dollars ($1,000,000) for anyone 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,
9 12-1501 et. ~ 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.
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15.
Either party may, at any time and without cause, cancel this Agreement by providing
ninety (90) days written notice of intent to cancel.
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16.
This Agreement is subject to the provisions of ARS S 38-511.
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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 D.S.C. 12101-12213) and all applicable
federal regulations under the Act, including 28 CFR Parts 35 and 36.
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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 51/4 DAY OF j Lv ( 1-' 2005.
ATTEST:
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PIMA COUNTY, DbOdY politic
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Clerk, Board of Supervisors
Chair, Board of Supervisors
JUL 0 5 2005
JUL 0 5 200S
Date
Date
APPROVED AS TO FORM AND
LEGAL A THORlTY:
APPROVED AS TO FORM AND
LEGAL AUTHORITY:
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Deputy ty Attorney
Legal authority: ARS S 11-201,
ARS S 11-951 through 954,
ARS S 11-251
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