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HomeMy WebLinkAboutResolution 2016-063 Approving IGA for provision of video-court hearings of municipal prisoners for 2016-2017MARANA RESOLUTION NO, 2016-063 RELATING TO MUNICIPAL COURT APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR PROVISION OF VIDEO-COURT HEARINGS OF MUNICIPAL PRISONERS FOR 2016-2017 WHEREAS individuals who are incarcerated pursuant to char and orders under the ju- risdiction of the Marana Municipal Court are held at the Pima Count Adult Detention Center and WHEREAS the Pima Count Adult Detention Center has the staff and technolo neces- sar for these prisoners to appear in Marana Municipal Court via video -conferencin g - and WHEREAS the Town of Marana and Pima Count desire to enter into an a to pi-ovide video-court hearin for Marana Municipal Court prisoners; and WHEREAS the parties ma contract for services and enter into a with one an- other for j oint or cooperative action pursuant to A. § 11 -95 2, et se ; and WHEREAS the Ma and Council of the Town of Marana find it is in the best interests of its citizens to enter into this inter a NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The inter a between the Town of Marana and Pima Count for provision of video-court hearin of municipal prisoners attached as Exhibit A to and incorporated b this reference in this resolution is hereb approved, and the Ma is hereb au- thorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Mana and staff are hereb directed and authorized to under- take all other and further tasks re or beneficial to carr out the terms, obli and ob- jectives of the inter a PASSED AND ADOPTED BY THE MAYOR AND COUNCI OF THE TOWN 01" MARANA, ARIZONA, - I st da of June, 2016. f w \V N 'N 9� MARANA P N, 1 -77 A ATTEST: �� Ma Ed IVonea APPROVED AS TO FORM: Cas§iX Town AttopKe Marana Resolution No. 2016-063 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). 2. PCADC will be responsible for pulling MMC's 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 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 week days beginning at 1200 hours. This session 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 at a later date. 5. Town of Marana will pay for up to three hours of video court weekly which will cover the cost of one Corrections Officer for one hour per scheduled day for security. The current salary rate for these employees is: Corrections Officer (1 hour) $38.89 Total for three hours: $115,07 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. 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 Monday, Wednesday and Thursday, 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 will 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 50 -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. 10 This Agreement shall cover the time period from July 1, 2016 through and including June 30, 2017. 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 hereto. 13. 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 ($1 00,000). 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. 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. 15. 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 between the par and shall not be modified, amended, altered or changed except through a written amendment executed by the parties' governing bodies. SIGNED AND ATTESTED THIS � DAY OF 2Q.1�, ATTEST: T�#n of M a a Clerk TOWN O MARANA, a municipal corporation Mayor ATTEST: Clerk, Board of Supervisors Date APPROVED AS TO FORM AND LEGAL AUTHORITY: P IMA COUNTY, a body politic Chair, Board of Supervisors Date APPROVED AS TO FORM AND LEGAL AUTHORITY: Deputy Obuky Attorney Legal authority: ARS § 11 -201, ARS § 11 -951 through 954,