HomeMy WebLinkAboutResolution 2009-201 IGA with pima county for video-court hearingsMARANA RESOLUTION N0.2009-201
RELATING TO MUNICIPAL COURT; APPROVING AND AUTHORIZING THE MAYOR
TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR
VIDEO-COURT HEARINGS OF MARANA MUNICIPAL COURT PRISONERS BEING
HELD AT THE PIMA COUNTY ADULT DETENTION CENTER; .AND DECLARING AN
EMERGENCY
WHEREAS individuals who are taken into custody on warrants issuing from the Marana
Municipal Court are held at the Pima County Adult Detention Center; and
WHEREAS the Pima County Adult Detention Center has the staff and technology
necessary for these prisoners to be seen via video-conferencing; and
WHEREAS the Town of Marana and Pima County desire to enter into an agreement to
provide video-court hearings for Marana Municipal Court prisoners; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests
of its citizens to enter into this intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. That the intergovernmental agreement between the Town of Marana and
Pima County attached to and incorporated by this reference in this resolution as Exhibit A is
hereby approved,. and the Mayor is hereby authorized and directed to execute it for and on behalf
of the Town of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms, obligations, and
objectives of the intergovernmental agreement.
SECTION 3. Since it is necessary for the preservation of the peace, health and safety of
the Town of Marana that this resolution become immediately effective, an emergency is hereby
declared to exist, .and this resolution shall be effective immediately upon its "passage and
adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 15th d_ ay of December, 2009.
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ATTEST: ®®~,®,9~/~ ~1~`_,~1 ~~~'- APPROV AS TO FORM:
Bronson, Town Clerk ,=' Fratnk Cas~,~fly, Town
RESOLUTION NO. 20.1D-26.
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 an agreement between the PIMA
COUNTY SHERIFF'S DEPARTMENT and the TOWN OF MARANA relating to payment for the purpose
of funding video-court hearings of municipal prisoners. The Pima County Sheriffs Department will receive
an estimation of $10,000.00 to fund the operational objectives of the Town of Marana.
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 of Pima County, Arizona.
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 2nd day of February 2010.
RS
ATTEST
Clerk of the Board
APPROVED AS TO FORM
\/ J ; ,
Deputy ~o my Attorney
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CONTR~eCT
AMENDMENT N0.
This number must appear on al! o
invoices, correspondence and
documents pertaining to this
contract.
of Marana Contract No.
INTERGOVERNMENTAL AGREEMENT
BETWEEN
TOWN OF MARANA
AND
PIMA COUNTY
FOR
PROVISION OF VIDEO-COURT HEARINGS OF MUNICIPAL PRISONERS
THIS INTERGOVERNMENTAL AGREEMENT (IGA), is 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").
WHEREAS the Parties desire to enter into an agreement to provide video-court hearings
for municipal prisoners; and
WHEREAS the Town and County may contract for services and enter into agreements
with one another for joint or cooperative action pursuant to A.R.S. § 11-952, et seq.; and
WHEREAS the provision of video-court hearings for municipal prisoners will be in the
best interests of the Parties and the citizens of Pima County.
NOW THEREFORE, THE TOWN AND COUNTY HEREBY AGREE AS
FOLLOWS:
1. The County of Pima's Sheriff's Department Corrections Bureau shall provide the Town of
Marana's Municipal Court with a video court session between Marana Municipal Court
(MMC) and the Pima County Adult Detention Center (PCADC.)
MMC will be responsible for sending a list of MMC inmates to be seen that day to the
County Records Unit no later than 1100 hours on the day of the hearing.
MMC will be responsible for sending a Fax notification of any cancelled hearing to the
County Records Unit no later than 1100 hours on the date of the hearing. Failure to do so
will result in billing for that hearing.
2. PCADC will be responsible for, preparing MMC inmates for court, providing security in the
courtroom, providing clerical support for court documentation and faxing required
documentation back to MMC.
3. MMC shall fax PCADC's Records Unit appropriate documentation on each MMC defendant
prior to the defendant leaving the video court session.
4. Each video court session will be held daily Monday through Friday, beginning at 1200 hours.
Both Town and County agree that this schedule may be changed based on either party's need
for more video court time, or based on other factors that could require a different schedule.
MMC shall complete the video court session no later than 1300 hours. Any hearing
extending past 1300 hours shall be continued to a later date.
5. Town of Marana will pay for five weekly hours of video court which will cover the cost of one
Corrections Officer for one hour for security. The current salary rate for these employees is:
Corrections Officer (1 hour) ............................ $32.24
Total for one hour: $32.24
6. "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/her 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.
7. Upgrade and repair costs for video system equipment in MMC courtrooms that is
required to maintain connectivity with the County Jail video courtroom will be the sole
responsibility of MMC.
Criteria and Rules Governing Billing:
a. A "billable video-court session" is defined as that period commencing at 1200
hours and ending at 1300 hours each day of week, or any fractional part thereof.
b. Should a "billable video-court session" not occur in any given week, the Town of
Marana will not be billed that week, as long as proper notification is made by
MMC to the County Records Unit of cancelled hearings (see above),
c. The Town of Marana will be billed monthly for these services. Invoicing for these
services will be separate from the monthly incarceration billing invoice and must
be paid separately.
9. Criteria for Assessment of Billing:
a. The costs of a "billable video-court session" shall be based on the current rates of
salary each involved class of employee currently earns. These rates are subject to
increase as wages increase for the classification.
b. County will give Town a thirty (30) day notice of any salary rate increase and
Town will be billed accordingly.
10. County will submit a statement of Town of Marana video-court session charges on a
monthly basis. This statement shall provide information in chronological order as
follows: billing period, dates of video court sessions, weekly costs of individual
employees, weekly totals, and the monthly total bill.
Any individual video court session charge 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 video court sessions for which 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 within 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.
11. This Agreement shall cover the time period from December 1, 2009 through and
including November 30, 2010. This Agreement may be extended for four (4) additional
one (1) year periods or any portion thereof. Any extension of this Agreement shall be by
written amendment executed by the governing bodies of the parties.
12. Neither party shall be obliged to the other party for any costs incurred pursuant to this
Agreement, except as herein provided.
13. Nothing in this Agreement shall be construed as either limiting or extending the statutory
jurisdiction of either of the signing parties hereto.
14. To the extent permitted by law, 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, and property damage occasioned during the term of
this Agreement for acts or omissions of such party, its agents, officials, and employees.
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 any one 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.
15. The parties agree to be bound by arbitration, as provided in Arizona Revised Statutes, §
12-1501 et. seq•, to resolve disputes arising out of this Agreement where the sole relief
sought is monetary damage of $50,000 or less, exclusive of interest and costs.
16. 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.
17. Either party may, at any time and without cause, cancel this Agreement by providing
ninety (90) days written notice of intent to cancel.
18. This Agreement is subject to cancellation for conflict of interest pursuant to the
provisions of ARS § 38-511.
19. 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.
20. 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.
21. Each party shall comply with all applicable provisions of the Americans with Disabilities
Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations
under the Act, including 28 CFR Parts 35 and 36.
22. This document constitutes the entire Intergovernmental Agreement between the parties
and shall not be modified, amended, altered or changed except through a written
amendment executed by the parties' governing bodies.
SIGNED AND ATTESTED THIS 2"d DAY OF ~eb , 20~:
ATTEST:
own arana Clerk
ATTEST:
Clerk, Board of Supervisors
~~~0~2010
Date
APPROVED AS TO FORM AND
LEGAL AUTHORITY:
Town of M ana ttorney
TOWN OF MARANA, a municipal
corporation
/ _ /1il.f G-~-
Mayor
PIMA
Board of Supervisors
~~~ 0 2 201 ~
Date
APPROVED AS TO FORM AND
LEGAL AUTHORITY:
Deputy (~ y Attorney
Legal authority: ARS § 11-201,
ARS § 11-951 through 954,