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HomeMy WebLinkAboutResolution 94-008 IGA with Pima County relating to the incarceration of municipal prisoners. RESOLUTION NO. 94-08 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR 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 it is hereby determined to be in furtherance of 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, 1994 through June 30, 1995, and BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona that the Town of Marana will enter into an Intergovernmental Agreement and is authorized to sign said agreement for the town of Marana. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, th~kHay of June, 1994. &'-~~..~ Mayor ORA HA .~.i""""" F. ANN rWDr.-: IOU' . r<ECOF:DEF, F<ECmmED BY: P.... . DEPUTY J:<ECOF:DFF: ;:.~003 F<I) j, C PO:.:?:30 PIMA CO CLERK OF THE BOARD TUC~30N AZ B~:-j,?O:l. RESOLUTION NO. lOOll-16o INTERGOVERNMENTAL AGREEMENT BETWEEN THE PIMA COUNTY SHERIFF'S DEPARTMENT AND THE TOWN OF MARANA DOCI< ET : PAGE: NO.. OF pnGES: ~:;EGLJn~CE : F~:ES PICKUP ('~M()UNT PA ID 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. County. WHEREAS, said agreement is in the best interests of pima 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 this 6th day of 'sPI'temhpr PIMA COUNTY BOARD OF SUPERVISORS 1994. ATTEST # ~./. .. ~'~l _~, erk of the Board / ~ APPROVED AS TO FORM ~/}-:- peputy County Attorney .9892 Je Chairman of 643 Board SEP - 6 1994 9B9:.? 6',.3 6 (,;;'1.,. t BB j, <;;'t.',. :l.0/0~:i/91.1' :I. :I. : ~j7 : 00 ~~ 3. ~:jO ~ "... r--' ------- ----.-- ----- , ~ONTRACT --- NO. 01 - II - T - II <1',110 CY - 019 'I AMENDMENT NO. This number must appear on all invoices, correspondence, and documents pertaining to this contract. Town of Marana Contract No. INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR PAYMENT FOR THE INCARCERATION OF MUNICIPAL PRISONERS THIS INTERGOVERNMENTAL AGREEMENT, entered into pursuant to ARS11-952 (as amended) by and between: THE TOWN OF MARANA, a municipal corporation, (hereina'~er sometimes referred to as the "Townj; and THE COUNTY OF PIMA, a body politic and corporate, a political subdMsion 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, 1994 through June 30, 1995. 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 as a result of a charge pending in the Marana Town Court, as a result of an agreement between the Town and another jurisdiction to allow the person to serve his sentence locally, or has been 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 9892 644 17')-'11- ....... charge pending in Town (;mlrt 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 pretrial 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 costs 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 sentenced 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 municipality 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- \9892 645 ...... custody on County charges, will cease to accrue t.i!!ing 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 indMdual prisoner charges contested by the Town shall be made known to the County within 30 days after each receipt of the monthly billing. If the Town notifies the County of the dispute within the 30 days after 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. Otherwise the Town is precluded from disputing the charge. Disputes about the billing statement shall be jointly reviewed by the County and the Town, and resolved to the satisfaction of both parties within 40 days of the receipt of the monthly billing. All charges shall be paid within 45 days of the receipt of the monthly billing. The Town agrees to pay interest on outstanding charges beginning on the 46th day after the monthly billing at the rate of 10% per annum until paid. 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 regard to booking and related services and procedures, County will provide such services as 9892 646 ----~..~""..,~.., .....-..."'-..-.....",.....~.......,..........,,..~....,.".,...,.,,"... "'" prescribed by operations plans jointly approved by the Town Chief of Police and the Sh~r.ff of Pima County. 9. This agreement shall cover the time period from July 1, 1994 through and including June 30, 1995. For the ensuing fiscal year, 1995-1996, the amount set forth in Section 2 of this agreement shall be subject to adjustment after negotiations are conducted by both parties. 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, indMdually 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 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, Sec. 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 30 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, Pima County 9892 647 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 90 days written notice of intent to cancel. 16. This contract is subject to the provisions of A.R.S. Section 38-511. 6th DAY OF Sentembpr, 1994. SIGNED AND ATTESTED THIS ATTEST: TOWN OF MARANA, a municipal corporation , .' ~L1J.~'~ Mayor " olitic SEP - 6 1994 APPROVED AS TO FORM: \ ~~ Gerard Guerin, Deputy County Attorney Stanley L. Cheske, Chief Deputy Pima County Sheriff's Department 9892 648