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HomeMy WebLinkAboutResolution 2016-095 Approving IGA for incarceration of Municipal PrisonersMARANA RESOLUTION NO. 2016 -095 RELATING TO MUNICIPAL COURT; APPROVING AND AUTHORIZING THE MAYOR. TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF .MARANA AND SANTA CRUZ COUNTY FOR INCARCERATION OF MUNICIPAL PRIS- ONERS FOR THE PERIOD OF JULY 1 2016 THROUGH JUNE 30 2017 WHEREAS the Town of Marana and Santa Cruz County desire to enter into an agree - ment to provide for the incarceration of certain Town municipal prisoners at the Santa Cruz County Jail; 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, that the IGA between the Town of Marana and Santa Cruz County for the incarceration of municipal prisoners for the period of July 1, 2016 through. June 30, 2017, attached to this resolution as Exhibit A. is hereby approved and the Mayor is authorized to exe- cute 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 IGA. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this loth day of September, 2016. c N 4-MAR r NA 7 ATTEST: ,� ' s F." 'Iro - n - s - o'n i Mayor Ed Ho ea APPROVED AS TO FORM: F nk C ' idy, To Attorney Marana Resolution No. 20 16-095 INTERCO VERNMENTAIL AGREE TENT BETWEEN SANTA CRUZ COUNT' ANDTHE TOWN O MARANA FORINCARCERATION of MUNICIPAL PRISONERS This Intergovernmental Agreement (hereinafter "Agreemcnat ") is entered into pursuant to A.R.S. 1.l - 952 'by and between the Town of Marana (hereinafter "Town " ), an Arizona municipal corporation, and Santa Cruz County, (hereinafter"County") a. political subdivision of the State of Arizona. The County and the Town are sometimes collectively referred to in this Agreement as the ".Parties," either of which is sometimes individually referred to as a "Pasty." RECITALS WHEREAS, the Town desires to enter into an agreement with the County for the incarceration of municipal prisoners sentenced by the Marana Municipal Court for five clays or more; and WHEREAS, pursuant to A..R.S. § 11-441 (A.) (5), the County Sheriff has authority to take charge of and keep the Santa CrUZ County Jai (th "C ounty Jail " and the pr isoners in the County Jail.; and WHEREAS, the Town and the County may contract for services and enter into agreements with one another for j oint and cooperative action pursuant to A. R. S. § I I -95 I e s eq, Now, THEREFORE, the 'Town of Marana. and Santa. Cruz County, pursuant to the above and in consideration of the matters set fortlh herein., do mutually agree as follows AGREEMENT 1,0 Purnose The purpose of this Agreement is to set forth the terms and conditions under which Town's prisoners shall be incarcerated in the Santa. C ruz County Jail. 2.0 Term/El ffec tiv e Date This Agreement is effective for one year from July 1, 2016 thro ugh June 30, 2017. The Parties shall have the option. to extend this Agreement for Lip to four additional one -year periods or any portion thereof. Any modif cation, termination, or extension shall b e made by formal written amendment executed by the Parties. 3.0 S cope of Sei- vices. 3. County shall receive and detain Town municipal pisoners sentenced. to five or more clays in the County Jail who are medically fit to be incarcerated by County. County shall provide boolcing services and, after booking, provide for the card and. feeding of said prisoners. County shall provide basic medical care which cart be p rovided. in the County Jal.l fa_ci.lity by medical staff. Any medical services which cannot. be provided within the County Jail. facility will be provided by outside contractors and Town will be rc. _)onsi.ble to pay for the cost of the r:xiedic(a.l services, transportation, and personiiel fime assoc .a.ted with the m - odic al care. Coun.ty will provide medic -al bills, trtanspoi tation bills a -a l pe.��so a. cal b.i t.o . �.�,���:� fog ��c:�i. .c�f�.ti.�. n � ?cl l�ay�.h e .t. l:: Y L III :in- ni -'Eitc needs to be 1 ospl.uaf 'zed then- Towi'i will be confacted to take c ustody of min ate. 3.2 The Mararia Municipal Court in its sole discretion shall deterin'ine which Town MUDiCipal prisoners are sent enced to incarceration i the County J ail. 3.3 Individuals who are in custody at the tine of sentencing shall be transported by Cowity from the Pi.nia County ,Tail to the Santa Cruz County .fail. 3.4 Individuals N; tho are out of custody at the time of sentencing shall be responsible for their own transportation to and from Santa Cruz County Jail, unless the Marana M unicipal Court orders the 'town to provide transportation to and /or from Santa Cruz County Jai 4.0 Payment, 4.1 Town shall pay County $65.00 for each clay or partial day of inear oration. 4.2 County -will bill Towle for prisoner incarceration charges on a monthly basis. County will provide a statement that includes prisoner names in alphabetical order, hoofing elates and release dates for each prisoner, total billing clays and the total bill. Town shall be allowed reasonable access to billing systems to verify charges. 4.3 Neither Party shall be obligated to the other for any costs incurred pursuant to this .Agreement except as provided herein. 5.0 Legal _Jul- isdiction Nothing iii this Agreement shall be construed as either l imiting or extending the legal jurisdiction. of the Town or the County. This Agreement and all obligations upon the "Fown or County arising therefrom shall be subject to any limitations of budget law or other applicable local law or regulations. 6.0 Terminat Either Party may ter ninate this Agr eement by giving wri tten notice to the other Party not less than 60 clays prior to the termination date. In the event of termination, each Party shall be liable for its proportionate share of the costs and expenses incurred or arising out of performance of activities required by this Agreement occurring prior to the termination cute. Ter mination of this Agreement shall not relieve either Party frorn liabilities or costs already incurred Linder this Agreement. 7.0 Non-Appropriation. Notwithstanding any other provision in this Agreement, this Agreement may be terminated if for any reason the Santa Cr County Board of SL[pervisors or the Town of Marana Mayor and Council do not appr opriate sufficient monies f or the purpose of maintaining this Agreement. In. the event of such cancellation, the term i.n��ting Party shall. have no fu� obi igati.on to the other Pa��ty other than for payinen't for services rendered. prior to cancellation, 8.0 Assignment of Ri Neither Party to this Agreement shall assign its rights under this Agr eement to any otli.er party wAbout written permission . �rorn the other' Part to this � y A eenicta 9.0 Coils traction of A i -een - tent. 9.1 C= �onStITICt..0fl. 'lfl l A.1l provisions of this Acyreem- nt s1iall be coilst ed to be consistent with the intentiot -j. ot' t:l- :parties Cis eXIN'essed In the recitals h_ereo:. 9.2 Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the n:ieaning of any provision of this Agreement. 10.0 Conflict of .interest This Agreement is subject to the provisions of A.R.S. § 38 -511, the pertinent provislolis of which are incorporated herein by reference. 11.0 Sevorabiii . in the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or Judicial decision, such action shall have no efl:ect on other provisions and their application, which can be given effect without the invalid or void provision or application., and to this extent the provisions of the .Agreement are severable. In the event: that any provision of this Agreement is declared invalid or void., the Parties agree to meet promptly upon request of one Party in an attempt to reach ail agreement on a substitute provision. 12.0 No Joint yentut-e It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture, or employment relationship between the Parties or to create any employer - employee relationship between the Town and any County employees or between the County and any Town employees. Neither Party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other Party's obligation to withhold Social Security and income taxes far itself or any of its employees. 13.0 No 'Third Par 3eneficiarics. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either Party to the Agreement by imposing any standard of care different from the standard of care imposed by law. 1.4.0 Compliance with Laws The Parties shall comply with. all applicable federal, state, and local laws, rLIles, regulations, standards, and executive orders, without limitation to those designated within this Agreement. 1 4 . l Anti- Discrim' nation. The provisions of A.R, S. § 41-1463 and executive Order Number 2009 -09 issued by the Governor of the State of Arizona, are incorporated by this reference as a part of this Agreement. 14.2 Americans with Disabilities Act. This Agreement is sub j ect to 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 C R Parts 35 and 36. 15.0 worhei•s' Conn Sensation. For plxrposes of Workers' Compensation, an employee of a .Party to this Agreement who warps under the jUrisdIction or control of, or who works within the jurisdictional boundaries of, another Party pursuant to tliis speezlic:.Agreement, is deemed to be an en- iployee of both Parties, as provided In A.R..S. § 23-1022(D). The prim -ary employer of such ernployee shall be solely liable fog• payn - ient of w - orkers' Compensation ben-efits 'foi- the purposes of this paragraph. Lash Party shall c:oi:nply with tii.e notic.o provi.siori.s of A.R.S. § 23-1022(1 ) ai shall post: 4t n,.otice pursuant. to the provisions of ARS. § 23 --906 in substailtial1v thc :following fo.1 : 4.• All employees are hereby h.irther notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency, pursuant to an intergovernmenta agreement or contract, and cinder such circumstances they are deemed by the laws of .Arizona to be employees of both public agencies for - the purposes of workers' compensation. 1 6.0 Non - Waivei% The failure of either Panty to insist upon the complete performance of any of the terms and provisions of this Agreement to be pertor -Hied on the pail of the other, or to tI(Ike any action permitted as a result thereof, shall not constitute a waiver or relinquishment of the right to insist upon full and complete performance of the sane, or any other covenant or condition, either in the past or in the future. The acceptance by either party of suns less than may be due and owing it at any time shall not constitute an accord and satisfaction. 17.0 Force Maj etti -e . A Party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term. "uncontrollable fo rces" shall mean, for the purpose of this .Agreement, any cause beyond the control of the Party affected, including but not limited to, failure of facilities, breakage or accident to machinery or transinission facilities, weather conditions, flood, earthquake, lightning, f1re, epidemic, war, riot, civil disturbance, sabotage, strife, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non action by governmental bodies in approving or failing to act- upon applications for approvals or permits which are not due to the negligence or willful action of the Parties, order of any government officer or court (excluding orders promulgated by the Parties themselves), and declared local, state, or national emergency, which, by exercise of daze diligence and foresight, such Party could not reasonably have been expected to avoid. Either Party rendered unable to fiilfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove sued, inability with all reasonable dispatch. 18.0 Notification All notices or demands upon any Party to this Agreement shall be in writing. unless other forms are designated elsewhere, and shall be delivered in person or scat by mail addressed as follows: Santa Cruz Cot111ty: Town of Marana: Sheriff Tony Estrada Town Mana -ger 2t W. Congress Dr. 115 west Civic Center Drive Nogales, Arizona. 8562.1 M:ara:na, Arizona $5653 '1 9.0 Remedies. Either Marty may pursue any remedies provided by law for the breach of this Agreement.. No right or remed is intended to be eXclUsive of any other right or remedy Incl. each shall be c:urmi lati ve and in add' don to any otl acr right or re -reedy ex isting at law or iii ecluity or by virtue of th is .Agreement. 20.0 l ns tin4i n.c e , I surcatice requirenncnts are tnet thro LIC-rh self -insti ranee pursuant to A.R.S. 11-26 and l 1--9 1 . particilaxition in an i.nsiirance risk pool wider AR. S. l �l .952.01 P"irlies to shall pt l e M days' otlLer TNI.rtics of can- cc- lotion, non.- re.ii -ewc 1_ o matenal c b- al_i.ge of coverage, 4 21.0 Indeniiiification "I "o the fullest extent permitted by law, each Party (as "inden`mitor ") s defend, indemnity and hold harmless the ot'llcr i'ai (as "ii�clen�i�itee "), its ofl�cei•s, officials employees, agents, volunteers, successors, and assigns (the "indemnified group ") for claims, damages, losses, liabilities and expenses of any nature - whatsoever (including but not limited to reasonable attorneys' fees, court costs, the costs of appellate proceedings, and all c:lainl adjusting and handling expense) relating to, arising out of, resulting from or alleged to have resulted from the indemnitor's acts, errors, mistakes or omissions relating to any action or inaction of this Agreement (collectively, "claims ") including but not limited to work, services, acts, errors, mistakes, or om issions in the performa.nce of this A.grcement by anyone directly or indirec employed by or contracting with the indemnitor, or any person for whose acts and liabilities are the obligation of the indemnitor. If any claim, action or proceeding is brought against the indemnified group, in shall have a deity, at its sole cost and expense, to resist or defend such claim or action on behalf of the indemnified group but only 'to the extent that such c result in vicarious /derivat liability to the i.ndeninitee and are caused by the act, omission, negligence, rniscondcict or other fault of the indemnitor, its officers, officials, agents, employees or volunteers; provided, however, that the indemnitor shall have no obligation to in demnify the indenui fled group for the indemnified group's passive negligence. The indemnity provisions of this Agreement shall survive the termination of this Agreement. 22.0 Counte pat —ts This A.greerneizt may be executed in two or more counter each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterpait may be removed from such counterpart and attached to a single instrument. 23.0 Entire Agreement. This instrument constitutes the entire agreement between the Parties pertaining to the subject matter hereof, and all prior or contemporancous agreements and understandings, oral or written, are hereby superseded and merged herein. Any exhibits to this Agreement are incorporated herein by this reference. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHE R111:0F, the Count has caused this A to be executed b the Chair of the Santa Cruz Cotnit Board of Supervisors, upon resolution of the Board of Supervisors, attested to b the Clerk of the Board, and the Town of Marana has caused this A to be executed b the Ma of the Town of Marana, upon resolution of the Ma and Council, attested to b the Town Clerk. SANTA CRUZ COtTNTY: Chair, �3oarcVhf ATTEST TOWN OF MAR NA: are Ma D ca t e ervisors h Wo Clerl� of the Board Date ATTEST tc ATTORNEY CERTIFICATION The fore A betwccn &uita Cruz Count and the Town of Marana has been reviewed pursuant to A.R.S. § 11-952 b the undersi who have determined that itis in proper form and is within the powers and authorit g ranted Linder the laws of the State of tot t se Parties to the A .a to kts, Chief I e- fviwl eput Date )Ko/n At ,p6e Date no