HomeMy WebLinkAboutResolution 2012-036 approving IGA with Pima to Video CourtMARANA RESOLUTION NO. 2012-36
RELATING TO MUNICIPAL COURT; APPROVING ANI? AUTHORIZING THE MAYOR TO
EXECUTE AN INTERGOVERNIVIENTAL AGREEMENT BETWEEN THE TOWN OF 1��1ARA-
NA AND PIMA COUNTY FOR PROVISION OF VIDEO-COURT HEARINGS OF MUNICIl'AL
PRISONERS
WHEREAS individuals who are incarcerated pursuant to charges and orders under the juris-
diction of the Marana Municipal Court are held at the Pima County Adult Detention Genter; and
WHEREAS the Pima County Adult Detention Center has the staffand technalogy 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 pro-
vide video-court hearings for Marana Municipal Court prisoners; and
WHEREAS the parties may contract for services and enter into agreements with one another
for joint or cooperative action pursuant tt� A.R.S. § 11-952, et seq.; and
WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of'rts
citizens ta enter inta this intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF l�ti?�RANA, ARIZONA, that the intergovernmental agreement between the Town ofMa-
rana and Pima County, attached to and incorporated by this reference in this resolution as E�ibit A is
hereby approved, and the Mayor is hereby authorized and directed to execute it for and an behalf of
the Town af Marana.
IT IS FURTHER RESOLVED that the Town's Manager and staffare hereby directed and au-
thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga-
tions, and objectives of the aforementioned intergovernmental agreement.
PASSED ANU ADOPTED BY THE MAYOR AND COUNCIL OF T TOWN OF MA-
RANA, ARIZONA, this 19�'` day of June, 2012.
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Mayor d Honea
ATTEST:
Resolution No. 2012-36
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INTERGOVERNMENTAL AGREEM �I��NDMENT NO,
BETWEEN This number must appear on all
TOWN OF MARANA invoices, correspondence and
AND documents pertaining to this
PIMA COUNTY cont;act.
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).
2. PCADC will be responsible for pulling MMCs inmate files and preparing them for court,
preparing their inmates for court, providing security in the courtroom, providing clerical support
for court documentation and faxing required documentation backto MMC.
3. MMC shall fax PCADCs 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 week days beginning at 1200 hours. This session both
Town and County agree that this schedule rnay 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 at a later date. -
5. Town of Marana will pay for up to five hours of video court weekly whi �.
one Corrections Officer for one hour per day for security. The curre ��� �-- � �
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emp oyees s.
Corrections Officer (1 hour) $35.52
Total for five hours: $177.60
6. "Town of Marana Prisoner" shall mean any person who has been incarce�atieu d3 Q �G�7G�a .,. �
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Exhibit "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. 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 weekday, or any fractional part thereof.
b. Should a"billable video-court session" not occur in any given day, the Town of Marana
will not be billed that day.
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.
8. 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 witl
be billed accordingly.
9. 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 10 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.
10 This Agreement shall cover the time period from July 1, 2012 through and including June 30,
2013. 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.
11. Neither party shall be obliged to the other party for any costs incurred pursuant to this
Agreement, except as herein provided.
12. Nothing in this Agreement shall be construed as either limiting or extending the statutory
jurisdiction of either of the signing parties hereta
43. 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
operatians undertaken in implementation of this Agreemenf, 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.
14. 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.
15
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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.
Either party may, at any time and without cause, cancel this Agreement by providing ninety (90)
days written notice of intent to cancel.
17. This Agreement is subject to cancellation for conflict of interest pursuant to the provisions of
ARS § 38-511.
18. 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.
19. 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.
20. 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.
21. This document constitutes the entire Intergovernmental Agreement befinreen 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 �th
ATTEST:
DAY OF �ugust 2012
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AUG 0 7' 2012
Date
APPROVED AS TO FORM AND
LEGAL AUTHORITY:
TOWN OF MARANA, a municipal corporation
�'Yl� �
Mayor 6 - / -r l'- i 2�
APPROVED AS TO FORM AND
LEGAL AUTHORITY:
.
Deputy C unt Attorney
Legal author�ty: ARS § 11-201,
ARS § 11-951 through 954,
AU6 0 7 2012
Date