HomeMy WebLinkAboutResolution 2015-058 Approving IGA for payment for incarceration of municipal prisonersMARANA RESOLUTION NO. 2015-058
RELATING To MUNICIPAL COURT; APPROVING AND AUTHORIZING THE MAYOR.
To EXECUTE AN INTERGOVERNM ENTAL AGREEMENT BETWEEN PIMA COUNTY
AND THE TOWN OF MARANA FOR PAYMENT FOR THE INCARCERATION OF MU-
NICIPAL PRISONERS FOR THE PERIOD OF JULY 1 2015 THROUGH JUNE 3 0 2016
WHEREAS the Town of Marana requires the use of an appropriate facility for the incar-
ceration of its prisoners; and
WHEREAS the Mayor and Council of the Town of Marana have determined that the Pi-
ma County Adult Detention Center (PCADC), owned and operated by Pima County, Arizona,
will fulfill the Town's needs; and
WHEREAS the Town of Marana and Pima County desire to enter into an agreement to
provide for payment by the Town for the costs of incarcerating Town municipal prisoners at
PCADC; and
WHEREAS the parties may contract for services and enter into agreements with one an-
other for joint or cooperative action pursuant to 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 its citizens to enter into this intergovernmental agreement (IGA).
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, approving the intergovernmental agreement for the incarceration of mu-
nicipal prisoners for the period of July 1, 2015 through June 30, 2016, attached to this resolution
as Exhibit A, and authorizing the Mayor to execute it for and on behalf of the Town of Marana.
IT IS FURTHER. RESOLVED that the Town Manager and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, conditions and objectives of the IG A.
PASSED AND ADOPTED by the Mayor and Council of th Town of Marana, Arizona,
this 16th day of June, 2015.
. )W N
f ~y
t MARANA
ATTEST:
.e ,•�.
celyn C, Bronson, Town Clerk
f.:
f
.............
Mayor d Honea
Marana ResolUtion No. 2015 -058
APPROVED AS To FORM:
INrI ERG'[ O'' ERNME:NTAL AGREEMENT
III1JrrWE -.
P NIA. COUNTY
AND
TOWN OIL MARANA
FOR
PAYMENT FOR 1 E INCARCERATION
OIL MUNICIPAL PRISONERS
This Intergovernmental .Agreement (I.GA) is entered into by and between Pima County, a
body politic and corporate of the State of .Arizona ("'County") and the Town of Marana, a
municipal corporation ( "Town ") pursuant to A.R.S. § 11 -952.
Reci firils
County and Town may contract for services and enter into agreements with one another for
joint or cooperative action pursuant to A.R.S. § 11 -951, ct seq.
County and Town desire to enter iiito an agreement to incarcerate Town's municipal
prisoners in the Pima County .Adult Detention Complex ("PCADC").
NOW, THEREFORE, County and Town, pursuant to the above, mutually agree as follows:
Agreement
I. Purpose
This IGA. sets forth the terms and conditions under which Town's municipal prisoners
shall be incarcerated in the 1ICADC.
II, Scope
County shall receive and detain all Town municipal prisoners who are medically fit to be
incarcerated by County. County shall provide booking services, and after booking provide for
the care, feeding and medical care of said prisoners.
"Town municipal prisoner" shall mean any person who has been incarcerated as a result
of a charge pending in the Town of Marana Court, or 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 ho Li s i ng. .A prisoner arrested by Town of Marana Police
Department solely on another governmental entity's warrant is not a Town prisoner.
Page I of 9
In regard to booking and related services and procedures, upon submission of the
completed booking document to the PCADC Intake Support Specialist, County will immediately
accept into custody all Town arrestees that present no obvious health issues that make the
prisoner medically unacceptable for booking. Town agrees that such conditional acceptance will
shorten the time officers spend in the booking process and benefit the Town. within the initial
ninety (90) minutes, County medical providers shall make a dcterm* nation as to the prisoner's
medical condition. Town agrees that if the prisoner presents a serious, emergent medical
problem requiring hospital examination or medical rejection for booking within ninety (90)
minutes of the time of conditional acceptance, Town shall send an officer to the PCADC to
transport the prisoner for such medical examination or care as may be medically required as soon
as possible. If a prisoner is taken from the PCADC for medical evaluation and returned to be
incarcerated, Town shall not be charged twice for the first day billing rate of $279.51. By
conditionally accepting the prisoner for the initial ninety (90) 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 the prisoner requires hospitalization or that the
prisoner is medically unacceptable :Tor booking.
Transportation of prisoners to Town of Marana Court or other locations, only as ordered
by Town of Marana Court, shall be the responsibility of the Town. County shall be responsible
for transportation of prisoners for medical care after the prisoner has been in PCADC custody for
p
ninety (90) minutes or more.
III. Financing
Town shall pay a first day billing rate of $279.51 to cover booking and intake
expenditures. For each billable day following the first day, Town shall pay $85.15 per day. The
two rates are applicable to the period July 1, 2015 through June 30, 2016. The billing day as
defined herein applies to each Town prisoner who is an inmate in, or under the control of the
PCADC.
A. Criteria and Rules Governing Billing:
1. A "billable day" means that period commencing at 0000 hours and ending
as 2359 hours that sane day, or any fractional part thereof, of any day the
Town prisoner is in the custody or control of the PCADC.
2. A " modilied billable day" means a billable day which is modified to
reduce billing to one billable day at the first rate. "Modified billable days"
are only applicable when applied to pretrial Town defendants who are
booked between 1800-2359 hours one day and released on the Town
charge at the first xrst A.M initial appearance the following day.
Page 2 of 9
3. "Billable custody" means 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 Town of Marana Court.
4. "Local limited jurisdiction courts" means those courts whose criminal
jurisdiction is limited to misdemeanor offenses.
B. Criteria for Assessment of Billing:
1. The costs of incarceration of Town prisoners shall commence on the day
the prisoner is booked or held based on a down charge into, or sentenced
by, Town of Mancina Court. Costs for incarceration shall cease under the
guidelines established under the def xnition of "billable day." For Town
pretrial defendants booked between 1800 and 2400 hours one day and
released on all Town charges at or by the AM initial appearance the
following morning, the Town shall be billed according to the guidelines
established under the definition of "modified billable day."
2. when a prisoner is in custody f or a charge or sentence from more than one
local limited jurisdiction. court, the billing charges for days of joint
custody shall be apportioned. Costs for incarceration for days of joint
custody shall be apportioned evenly based on the guidelines established
under the definition of "billable day" armong those jurisdictions from
which the joint custody arises.
3. A. Town prisoner who is subsequently charged into Pima County Superior
Court and held in-custody on felony charges will cease to accrue billing
charges after 2359 hours on the date that custody for felony charges is
established. Felony custody shall take effect on the date when charging
information is received in the PCADC Records Section and the prisoner is
actually being held in-custody on the felony charges.
4. In the event of an escape, billing charges will cease to accrue after 2359
hours on the clay of escape. In the event 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 the prisoner is
recaptured or returned to custody and is actually being held in the
PCADC.
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, release date, indication of booking day billing or subsequent day billing, billing period,
daily rates, total billing days, and the total bill.
Page 3 of 9
Any individual prisoner charges disputed shall be made known to the County within
thirty (30) days after receipt of the monthly billing. If Town noti.lies County of a dispute within
thirty (30) days of receipt of the monthly billing, Town may withhold payment on those specific
p risoners for whom billing is disputed until the dispute is resolved. No dispute will be accepted
if not made within thirty (30) days alter receipt of the monthly billing. Disputes about the billing
statement shall be jointly reviewed by both parties and satisfactorily resolved within forty -five
( 45 ) d of the monthly billing. All charges shall be paid within sixty (60) days of receipt of the
Y
monthly billing, excluding disputed charges. Disputed charges shall be paid within thirty (30)
days of resolution of the dispute. Charges remaining unresolved after the sixty (60) day period
may g be arbitrated by a mutually accepted third party. Town agrees to pay interest on outstanding
� o
charges beginning on the tenth day alter 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 a previously disputed
charge, Town will attach an invoice detailing what specifi charges are being paid. Town agrees
that when funds are withheld due to a disputed charge, the specific charge disputed and the
amount of payment being withheld will be specified on an invoice attached to the payment check
for the p eriod in which the disputed charge 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.
Neither Party shall be obligated to the other for any costs incurred pursuant to this IGA
except as proved herein.
IV. Term
This IGA is for the period July 1, 2015 through June 30, 2016 and shall be effective upon
execution by the governing boards of the Parties. The Parties shall have the option of extending
this IGA for four (4) additional one -year periods or any portion thereof. Any revisions or
extensions of this IGA. shall be by written amendment executed by the governing boards of the
Parties.
V. Termination
Either Party may at any time and without cause terminate this IGA by providing the other
Party ninety (90) days written notice of intent to terminate.
VI. Jurisdiction
Nothing in this IGA shall be construed as either limiting or extending the statutory
jurisdiction of the Parties.
VII. Indemn
To the extent permitted by law, each. party (as Indemnitor) agrees to indemnify, defend
and hold harmless the other party (as Indemnitee) from and against any and all claims, losses,
liability, costs or expenses (including reasonable attorney's fees) (hereinafter collectively
Y .
referred to as `claims ") arising out of bodily injury of any person (including death) or property
damage, but only to the extent that such claims which result in vicarious /derivative liability to
the Indemnitee, are caused by the act, ornission, negligence, misconduct, or other fault of the
■ • l l■ Y ■
Inden�n tor, its officers, officials, agents, cmployees, or volunteers.
I'cge 4 of 9
VIII. Insurance
Each Party shall obtain and maintain at its own expense, during the entire term of this
IGA the following type(s) and amounts of insurance:
a) Commercial General Liability in the amount of $1,000,000.00 combined single
limit Bodily Injury and Property Damage.
b } Commercial or Business automobile liability coverage for owned, non -owned and
hired vehicles used in. the performance of this Contract with limits in the amount
of $ 1,000,000.00 combined single limit or $1,000,000.00 Bodily Injury,
$1,000,000.00 Property Damage.
C) If required by law, workers' compensation coverage including employees'
liability coverage.
Parties to this IGA. shall provide thirty (30) days written notice to all other Parties of
cancellation, non - renewal or material change of coverage.
The above requirement may be alternatively nnet through self insurance pursuant to
A.R.S. §§ 11 -261 and 11 -951 (or if a school district, § 15-382) or participation in an insurance
risk p ool under A.R.S. § 11.952.01 (if a school district, § 15 -382), at no less than the minimal
covera ge levels set forth in this article. Parties to this agreement shall provide thirty (30) days
written notice to all other Parties of cancellation, non - renewal or material change of coverage.
IX. Compliance With Laws
The Parties shall comply with all federal, state and local laws, rules, regulations,
standards and Executive Orders, without limitation to those designated within this IGA. The
laws and regulations of the State of Arizona shell govern the rights of the Parties, the
performance of this IGA and any disputes hereunder. Any action relating to this IGA shall be
brought in an Arizona court in Pima County.
X. Arbitration
The Parties agree to be bound by arbitration, as provided by in Arizona Revised Statutes
12 -1501 et. se q., to resolve disputes arising out of this IGA where the sole relief sought is
monetary damages not in excess of the jurisdictional limit set by the Pima County Superior
Court.
Page 5 of 9
XI. Non - Discrimination
The Parties shall not discriminate against any County or Town employee, client or any
other individual in any way because of that person's age, race, creed, color, religion, sex,
disability or national origin in the course of carrying out their duties pursuant to this IGA. The
Parties shall comply with the provisions of 1."Accutive Order 75 -5, as amended by Executive
Order 99 - which is incorporated into this IGA by ref exrence, as if set forth in full herein.
XII. AIWA
The Parties shall comply with all applicable provisions of the Americans with Disabilities
Act (Public Law 101-33 42 U.S.C. 12 101 - 12213) and all applicable federal regulations under
the Act, including 28 CIi R Parts 35 and 36.
XIII. Severahility
If any provision of this IGA, or any application thereof to the Parties or any person or
circumstances, is held invalid, such invalidity shall not affect other provisions or applications of
this IGA. which can be given effect, without the invalid provision or application and to this end
the provisions of this IGA are declared to be severable.
XIV. Conflict of Interest
This contract is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-
511, the pertinent provisions of which are incorporated herein by reference.
XV. Non - Appropriation
Notwithstanding any other provision in this IGA, this ICA. may be terminated if for any
reason the Pima County Board of Supervisors does not appropriate sufficient monies for the
of maintaining this IGA.. In the event of such cancellation, County shall have no further
p
obligation to Town other than for payment for services rendered prior to cancellation.
XVI. Legal Authority
Neither Party warrants to the other its legal authority to enter into this IGA.. If a court, at
the req uest of a third person, should declare that either Party lacks authority to enter into this
IGA, or any part of it, then the IGA, or parts of it affected by such order, shall be null and void,
and no recovery may be had by either Party against the other for lack of performance or
otherwise.
XVII. Worker's Compens'ition
Each Party shall comply with the notice of A.R.S. § 23 -1022 (E). For purposes of A.R.S.
§ 23 -1022, irrespective of the operations protocol in place, each Party is solely responsible for
the payment of worker's compensation benefits for its employees.
P i , .
i,i� e; 6 o
XVIII. No Joint Venture
It is not intended by this ICA. to, and nothing contained in this IGA shall be construed to,
create any partnership, joint venture or employment relationship between the Parties or create
any employer- employee relationship between County and any Town employees, or between
Town and any County employees. Neither Party shall be liable for any debts, accounts,
obligations or other liabilities whatsoever of the other, including (without limitation) the other
party's obligation to withhold Social Security and income taxes for itself or any of its employees.
XIX. No Third Party Benel'ici:firies
Nothing in the provisions of this IGA is intended to create duties or obligations to or
rights in third parties not parties to this IGA or affects the legal liability of either Party to the
IGA. by imposing any standard of care with respect to the maintenance of public facilities
different from the standard of care imposed by law.
XX. Notices
Any notice required or permitted to be given under this IGA shall be in writing and shall
be served by delivery or by certified mail upon the other Party as follows for at such other
address as may be identified by a party in writing to the other party):
County:
Pima County Sheriff s Department
Corrections Bureau Chief
1750 B. Benson IIwy.
Tucson, Az 85714
Town:
TOWN OF MARANA
115 5 5 W. Civic Center Dr. Bldg A.
M:arana, Az 85653
With copies to:
County Administrator
130 West Congress Street, 10 Floor
Tucson, Arizona 85701
Clerk of the Board
130 West Congress, S Floor
Tucson, Arizona 85701
1'age 7 of 9
XXI. Entire A
This document constitutes the entire A between the Parties pertainin to the
subject matter hereof, and all prior or contemporaneous a and understandin oral or
written, are hereb superseded and mer herein. This IGA shall not be modified, amended,
altered or extended except throu a written amendment si b the Parties.
In Witness Whereof, Count has caused this Inter A to be executed
b the Chair of its Board of Supervisors, upon resolution of the Board and attested to b the
Clerk of the Board, and Town has caused this Inter A to be executed b
the Ma upon resolution of the Town Council and attested to b the Town Clerk:
PIMA COUNTY:
Chair, Board of Supervisors
Date
Clerk, Board of Supervisors
Date
71OWN OF MARANA
Ma
Date
n I 0 • f rana Clerk
1
10 /il� /�
Date
Pa 8 of 9
Inter A Determination
In
The fore Inter A between Pima Count and the Town of
Marana has been reviewed pursuant to A.R.S. § 11-952 b the undersi who have
determined that it is in proper form and is within the powers and authorit g ranted under the laws
of the State of Arizona to those parties to the Inter A represented b the
undersi
PIMA COUNTY:
Deput C""'aAnt Attorne
Pa 9 of 9
TOWN OF MARANA