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HomeMy WebLinkAboutResolution 93-017 IGA with pima county relating incarceration of prisoners RESOLUTION NO. 93-17 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING AND RATIFYING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND THE COUNTY OF PIMA RELATING TO PAYMENT FOR THE INCARCERATION OF MUNICIPAL PRISONERS WHEREAS the Town of Marana and the County of Pima have heretofore entered into an agreement to provide for the payment by the Town to the County for each municipal prisoner who is an inmate in, or under control of, detention facilities maintained and operated by the County and wish to continue said services through a new agreement; and WHEREAS the parties thereto wish to enter into a new cooperative Intergovernmental Agreement as attached hereto for providing said services; and WHEREAS such agreement is authorized pursuant to A.R.S. ~11-952 (as amended) and is hereby determined to be in furtherance of the public health, safety and welfare of the citizens of the Town; NOW, THEREFORE, UPON MOTION DULY MADE, SECONDED AND CARRIED, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona: That the Town of Marana enter into an Intergovernmental Agreement which is attached hereto, with Pima County which agreement will provide for detention of municipal prisoners and the payment of such services by the Town of Marana for the period of July 1, 1993 through June 30, 1994, and That the Mayor is hereby instructed and authorized to sign the said Intergovernmental Agreement for the Town of Marana PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 10 il'l day of April, 1993. /~ 7th ~ ~A-/. "'1_<. '<-~ Mayor .ORA HARN RESOLUTION No~993-195 INTERGOVERNMENTAL AGREEMENT BETWEEN THE PIMA COUNTY SHERIFF'S DEPARTMENT AND THE THE TOWN OF MARANA WHEREAS, the pima County Board of Supervisors desires to enter into the attached agreement between the PIMA COUNTY SHERIFF'S DEPARTMENT and the TOWN OF MARANA, for payment for the incarceration of municipal prisoners. WHEREAS, said agreement is in the best interests of pima County. NOW, THEREFORE, it is resolved that the attached agreement is approved by the Board of Supervisors. IT IS FURTHER RESOLVED that the Sheriff of pima County or his designee is empowered to sign any and all documents to effectuate the attached agreement. DATED thisnineteenthiay of October 1993. PIMA COUNTY BOAR OF SUPERVISORS Jil,q Chairman of OCT 1 9 1993 APPROVED AS TO FORM ~} Deputy County Attorney .... Town of Marana Contract No. AMENDED INTERGOVERNMENTAL AGRE BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR PAYMENT FOR THE INCARCERATI OF MUNICIPAL PRISONERS C 0 rl T NO. 0/-1/- {:.// %'3/1- CJ7Cf.3 AMENDMENT NO. This number must appear on all Htvolces, correspondence, and documents pertnL)jl"lg to this act. 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 the County. County will provide booking services, and after booking, it will provide for the care and feeding of said prisoners including necessary medical care. 2. Town will pay Fifty Dollars ($50) for the period of July 01, 1993 through June 30, 1994, per billing day as defined herein, for each Town prisoner who is an inmate in, or under control of, detention facilities maintained and operated by the County. 3. "Town Prisoner" shall mean any person who has been incarcerated either as a result of a charge pending in the Marana Town Court, or sentenced pursuant to an order of the Marana Town Court and for whom the Town 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 Court or a sentence imposed by the Town Court, is not a Town prisoner. A prisoner arrested by the Town of Marana Police Department on another governmental entity warrant is not a Town prisoner. 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 prisoner is in the custody or control of detention facilities maintained and operated by the County. However, Town will not be billed for an inmate's last day in custody unless it is also the first day of custody for a Town charge. Also, for prisoners serving a segmented sentence, the Town will not be billed for the last day of any segment unless that billable day is also the day the prisoner entered custody. A segmented sentence is defined as a sentence which is served in non consecutive days such as weekends only. b. "Billable Custody" is defined as any pre-trial custody involving a misdemeanor offense which will be tried or adjudicated in Marana Town Court; OR, any custody pursuant to a sentence imposed by the Marana Town Court. 5. Criteria for Assessment of Billing: a. The cost for incarceration of Town prisoners shall commence on the day the inmate was booked or held based upon a Town charge into Marana Town Court or sentence by Marana Town 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 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 municipal.tty will be charged for half the cost for each day that joint custody exists under guidelines established under the definition of "Billable Day." c. A Town prisoner who is subsequently charged into a 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 Detention Center Records Section and the prisoner is actually being held in-custody on the County charges. Also, a County prisoner who subsequently becomes a Town prisoner will commence to accrue billing charges after 2359 hours on the date that County custody ends. 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. 6. County will submit a statement of Town 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 full or partial day billing, billing period, daily rate, total billing days and the total bill. Any discrepancies in the billing statement shall be jointly reviewed and resolved to the satisfaction of both parties. 7. Transportation of prisoners to Marana Town Court or other locations, only as ordered by the Marana Town Court, shall be the responsibility of the Town. The County shall be responsible for transportation of prisoners for medical care only. 8. In regards to booking and related services and procedures, County will provide such services as prescribed by operations plans jointly approved by the Town Chief and Police and the Sheriff of Pima County. 9. This agreement shall cover the time period from July I, 1993 through and including June 3D, 1994. For the ensuing fiscal year, 1994-1995, the amount set forth in Section 2 of this agreement shall be subject to adjustment after negotiations are conducted by both parties. These negotiations shall be initiated not later than September, 1993. 10. Neither party shall be obligated 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, officers, 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 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, Sec. 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 30 days notice, if for any reason the Pima County Board of Supervinors does not appropriate sufficient monies for the purpose of maintaining this agreement. In the event of such cancellation, Pima County shall have no further obligation to the Town of Marana 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 contract is subject to the provisions of A.R.S. Section 38-511. SIGNED AND ATTESTED THIS ATTEST: APPROVED AS TO FORM: ~~ Marana To Attorney o A,.JI~ S ~ 110 Crl oJ 1..1 DAY OF , 1993. TOWN OF MARANA, a municipal corporation by: ~>>Jcv- ~ ./ Mayor PIMA COUNTY, politic Hl1 Chairman, Board Supervisors OCT 1 9 1993 APPROVED AS TO FORM: ~JA Deputy County Attorney " ./~ S~ey Cheske, Chief Deputy Pima County Sheriff's Dept.