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HomeMy WebLinkAboutResolution 95-037 IGA with pima county for incarceration of prisoners RESOLUfION NO. 95-37 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA AUTHORIZING THE TOWN TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR INCARCERATION OF TOWN PRISONERS IN PIMA COUNTY JAIL. WHEREAS, the Town of Marana desires to incarcerate Town prisoners at the Pima County jail, on a reimbursement basis; and WHEREAS, since the Town does not have its own jail facility it is necessary to enter into an Intergovernmental Agreement in order to incarcerate Town prisoners; and WHEREAS, Pima County and the Town of Marana are public agencies under the provisions of Section 11-951 et seq. of the Arizona Revised Statutes, and each is authorized by law to enter into joint powers agreements. NOW, THEREFORE, BE IT RESOL YED by the Town of Marana as follows: SECTION 1: The execution of the Intergovernmental Agreement between Pima County and the Town of Marana, attached hereto as Exhibit "A", relating to Incarceration of Municipal ",,- Prisoners is hereby authorized and approved. SECTION II: The purpose of this Agreement is to provide for Incarceration of Municipal Prisoners to the Town of Marana, on a reimbursement basis, from July 1, 1995 through June 30, 1996. SECTION III: The Intergovernmental Agreement shall become effective upon the date a fully executed copy is filed with the Pima County Recorder's Office or the Secretary of State, as applicable, and after July 1, 1995. SECTION IV: The Mayor of the Town of Maran a, Ed Honea, is hereby authorized and directed to execute said Agreement on behalf of the Town of Mar ana. SECTION V: The various County Offices and employees be and hereby are authorized and directed to perform all acts necessary or desirable to give effect to this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5th day of July, 1995. z/c II . ... / // (1 L--t L- f L t Mayor Ed Honea Resolution No. 95-37 Page 1 of 2 ATIEST: APPROVED AS TO FORM: ~ C::>..D~ Daniel J. Hochuli Town Attorney ~,...- Resolution No. 95-37 Page 2 of 2 RESOLUTION NO.ln()5-~n9 INTERGOVERNMENTAL AGREEMENT BETWEEN THE PIMA COUNTY SHERIFF'S DEPARTMENT AND 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 incarceration of municipal prisoners. WHEREAS, said agreement is in the best interests of Pima County. of Supervisors. NOW, THEREFORE, it is resolved that the attached agreement is approved by the Board 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 Gth day of 'september 1995. PIMA COUNTY BOARD OF SUPERVISORS ''/L APPROVED AS TO FORM ~A~(! );~~ Deputy County Attorney CONTRACT NO. 0(-11- m ~ I doCo3J-079~ AMENDMENT NO. This number must appear on all invoices, correspondence, and Town of Marana Cont %~rrw8\S pertaining to this contract -. INTERGOVERNMENTAL AGREEMENT BETWEEN 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, (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 OF MARANA 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, feeding, and medical care of said prisoners. 2. Town of Marana will pay FIFTY DOLLARS for the period of July 01, 1995 through June 30, 1996, per billing day as defined herein, for each Town of Marana prisoner who is an inmate in, or under control of, 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 person who is a prisoner because of an in-custody charge and a charge pending in Town of Marana Court or a sentence imposed by the Town of Marana Court, is not a Town of Marana prisoner. A prisoner arrested by the Town of Marana Police Department on another governmental entity warrant is not a Town of Marana 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 of Marana prisoner is in the custody or control of detention facilities maintained and operated by the County. However, Town of Marana will not be billed for an inmate's last day in custody unless it is also the first day of custody for a Town of Marana charge. Also, for prisoners serving a segmented sentence, the Town of Marana 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 Town of Marana Court; OR, any custody pursuant to a sentence imposed by the Town of Marana Court. 5. Criteria for Assessment of Billing: a. The costs for 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 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 of Marana 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 of Marana 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 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 full or partial day billing, billing period, daily rate, and total billing day, and the total bill. Any individual prisoner charges contested by the Town of Marana shall be made known to the County within 30 days after each receipt of the monthly billing. I f the Town of Marana notifies the County of the dispute within the 30 days after receipt of the monthly billing, the Town of Marana may withhold payment on those specific prisoners for whom billing is disputed until the dispute has been resolved. Otherwise, the Town of Marana is precluded from disputing the charge. Disputes about the billing statement shall be jointly reviewed by the County and the Town of Marana, 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 of Marana agrees to pay interest on outstanding charges beginning on the 46th day after the monthly billing at the rate of 10 percent per annum until paid. 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 only. 8. In regard to booking and related services and procedures, County will provide such services as prescribed by operations plans jointly approved by the Town of Marana Chief of Police and the Sheriff of Pima County. 9. This agreement shall cover the time period from July 1, 1995 through and including June 30, 1996. For the ensuing fiscal year, 1996-1997, 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, 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 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. ~, 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 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. SIGNED AND ATTESTED THIS ,~ (oard of Supervisors APPROVED AS TO FORM: ~~ Town ~Marana Attorney 5th DAY OF ~eDtember , 1995. Town of Marana corporation ~tf a municipal flrw ~ Mayor PIMA COUNTY, a body politic Supervisors SEP - 5 1995 APPROVED AS TO FORM: /ff {, r ZA-1c~//~_ rard Guerin, Deputy County Attorney ~~Lo ~tanley L. Cheske, Chief Deputy Pima County Sheriff"s Department