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HomeMy WebLinkAboutResolution 97-071 IGA with pima county relating to incarceration of municipal prisoners MARANA RESOLUTION NO. 97-71 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA AUTHORIZING THE TOWN TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY PROVIDING FOR PAYMENT FOR INCARCERATION OF MUNICIPAL PRISONERS WHEREAS, the Town of Marana, in the interests of public safety, is in need of assistance from Pima County for incarceration of municipal prisoners; and. WHEREAS, Pima County has trained personnel and facilities capable of receiving, detaining, caring for, feeding and providing medical care for municipal prisoners in order to enforce the Marana Town Code and the Arizona Revised Statutes as it relates to incarceration of certain arrestees of the Town of Marana; and WHEREAS, the Town of Marana entered into an Intergovernmental Agreement for Incarceration of Municipal Prisoners 1995 and such Intergovernmental Agreement expired on June 30, 1997; and WHEREAS, it is in the best interests of the citizens of the Town of Marana that the town renew the Intergovernmental Agreement allowing Marana to cooperate with Pima County in providing for incarceration of municipal prisoners and allowing Marana to pay Pima County for such services. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona that the Mayor is authorized to execute the Intergovernmental Agreement, attached hereto as Exhibit A, between the Town of Marana and Pima County for Payment for Incarceration of Municipal Prisoners. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of July, 1997. "" ' --." "1 -A' / i /, / ' ' / / \ '/'. I, ,r.e, I. ,.' , Mayor OiA~AE I'~~ r-",-v----J RM: <"...-" Daniel 1. Hochuli Town Attorney Marana, Arizona Resolution No. 97-71 Page 1 of 1 Town of Marana ~ CONTRACT NO. p ~ - I I - (Y'\. - I::J 3 -.:<,/ri c; - r I q, AMENDMENT NO. this number must appear on all Involc... correspondence, and documents pertaining to this CClIIdlKt ,.., n . INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF MARANA AND PIMA COUNTY FOR PAYMENT FOR THE INCARCERATION OF MUNICIPAL PRISONERS THIS INTERGOVERNMENTAL AGREEMENT, entered into pursuant to A.R.S. ~ 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 OF MARANA AND COUNTY HEREBY AGREE AS FOLLOWS: 1. County will recelve 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, except as covered in paragraph 8. 2. Town of Marana will pay FIFTY-FIVE DOLLARS for the period of 1 of 10 July 01, 1997 through June 30, 1998, per billing day as defined herein, for each Town of Marana prisoner who is an inmate ln, 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 Cour~, as a result or an agreemen~ be~ween 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 prlsoner. 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 2 of J.O fractional part thereof, of any day the Town of Marana prlsoner lS in the custody or control of detention facilities maintained and operated by the However, Town of Marana will not be billed County. 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 prlsoners serving a segment.eo. sent.ence, "[he 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 lS 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 3 of 10 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 cus-coay. Costs for incarceration snaIl 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 4 of 10 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 aga~n 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 prlsoner, 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 thirty days after each receipt of the monthly billing. If the Town of Marana notifies the County of the dispute wi thin the thirty 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, 5 of 10 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 forty days of the receipt of the monthly billing. All charges shall be paid within forty-five days of the receipt of the monthly billing. The Town of Marana agrees to pay interest on outstanaing charges beginning on the forty-sixth day after the monthly billing at the rate of ten 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 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 6 of 10 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 serlous, emergent medical problem requiring hospital examination or medical rejection for booking within ninety minutes of the time of booking, Town will send an officer to the jall to LransporL prisoner for such medical examination or care as may be medically required as soon as possible. By accepting the prisoner for the initial ninety minute evaluation period County does not in any way accept responsibility for the cost of medical care to be provided to that prisoner should it be determined by County that 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 Chief of Police and the Sheriff of Pima County. 9. This agreement shall cover the time period from July 1, 1997 through and including June 30, 1998. For the ensuing fiscal year, 1998-1999, the amount set forth in Section 2 of this agreement shall be subject to adjustment after negotiations are conducted by both parties. 7 of 10 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. 2ach party agrees to lndemnify, defena and save harmless the other, their appointed boards and commissions, officials, officers, employees and insurance carrlers, 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 8 of 10 --,,~~,.....-..-~................__...-.....~c_~...---~~_~_~~~~,. 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. ~, to resolve disputes arising out of this Agreement where the sole relief sought is monetary damage of $20,000 or less, exclusive of in~eresc 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, 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 days written notice of intent to cancel. 16. This contract is subject to the provisions of A.R.S. ~ 38-511. 9 of 10 .'_"~'_____--'-T___~~"----___' - .~ - .. c..,._,_~.._.~.-.......--." ~_. .~"~.. ~ -~--- , ' SIGNED AND ATTESTED THIS ATTEST: ;;/""~ 1/ / - I ~;7/ \,-~8~>~~7"'P~ ----/ AT{EST: "~/ d~~ Clerk, Board of Supervisors APPROVED AS TO FORM AND LEGAL AUTHORITY: Town of Marana Attorney , --- ---...'.---------_.....-._--_.._~....-----..--.-...~=-."-------.,.",,.. /5~ DAY OF ~ ,1997. Town of Marana, a municipal corporation Mayor ((J~ )1)= > ,/~ PIMA COUNTY, a body politic APPROVED AS 0 FORM AND LEGAL AUTHORITY: ~ A-:- Gerard M. Guerin, Deputy County Attorney Legal authority: A.R.S. ~ 11-201, A.R.S. ~ 11-951 through 954, A.R.S. ~ 11-251 Stanley L. Cheske, Chief Deputy Pima County Sheriffs Department 10 of 10 .- ~-~-~,.-.- -. ....-. -~--..~,.,..~-.-~.===__==_=~::o:._,.