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HomeMy WebLinkAboutResolution 2024-059 Approving and Authorizing the Mayor to Execute an IGA with Pima County for Video Court Hearings of Municipal Prisoners MARANA RESOLUTION NO. 2024-059 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 2024-2025 WHEREAS individuals who are incarcerated pursuant to charges and orders under the jurisdiction of 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 appear in Marana Municipal Court 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 parties 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 Mayor and Council of the Town of Marana find 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. The intergovernmental agreement between the Town of Marana and Pima County for provision of video-court hearings of municipal prisoners attached as Exhibit A to and incorporated by this reference in this resolution is hereby approved,and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Towri 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. 1 Resolution No.2024-059 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of June, 2024. Mayor Honea ATTEST: APPROVED AS TO FORM: I 1cL E1W avid Udall, Town Clerk Jane Fa all, Town Attorney 41/L MARANA AZ ESTABLISHED 1977 2 Resolution No.2024-059 CTN-SD-24*150 INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF MARANA AND PIMA COUNTY FOR PROVISION OF VIDEO-COURT HEARINGS OF MUNICIPAL INMATES CTN-SD-24*150 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 inmates; 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 inmates 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: Agreement 1. Purpose. The purpose of this IGA is to set forth the terms and conditions for the Pima County Sheriff's Department Corrections Bureau to provide the Town of Marana Municipal Court with a video court session between Marana Municipal Court (MMC) and the Pima County Adult Detention Complex (PCADC). 2. Obligations of the Parties. PCADC will be responsible for pulling MMC's inmate files and preparing them for court, preparing their inmates for court, providing security in the video-court hearing, coordinating workflow support, specific to distributing court documentation from MMC to inmate and if applicable, completing electronic return (via fax or email) to MMC. MMC shall fax or email PCADC's Records Unit a list of inmates that they are requesting to see by 11 a.m. on the date of the video court hearing and shall fax or email copies of any court paperwork generated at the hearing immediately following the video court session. Each video court session will be held weekdays, beginning at 1200 hours. Both Town and 1. 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. Town will pay for up to three hours of video court weekly 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) $40.08 Total for three hours: $120.24 "Town of Marana inmate" shall mean any person who has been incarcerated as a result of a charge pending in the Town of Marana Municipal 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 Municipal 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. 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 week, the Town will not be billed that week. c. The Town will be billed monthly for these services. The invoice for these services will be separate from the monthly incarceration billing invoice and must be paid separately. 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. County will submit a statement of Town 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 of the monthly billing. Disputes about the billing statement shall be jointly reviewed by both parties and satisfactorily resolved within 45 2 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. 3. Term. This 1GA shall be in effect from July 1, 2024 through June 30, 2025. This IGA may be extended for four(4) additional one(1) year periods or any portion thereof. Any extension shall be by written amendment executed by the governing bodies of the parties. 4. Costs. Neither party shall be obliged to the other party for any costs incurred pursuant to this IGA, except as herein provided. 5. Jurisdiction. Nothing in this 1GA shall be construed as either limiting or extending the statutory jurisdiction of either of the parties. 6. Indemnification. 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. 7. Insurance. Each party shall obtain and maintain at its own expense, for the duration 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 IGA 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 this IGA involves professional services, professional liability insurance in the amount of $1,000,000.00. d) If required by law, workers'compensation coverage includes employees'liability coverage. The above requirements may be met through self-insurance pursuant to A.R.S. §§ 11-261 and 11-981 or participation in an insurance risk pool under A.R.S. § 11-952.01 at no less than the minimal coverage levels set forth in this article. Parties to this IGA shall provide thirty (30) days written notice to all other parties of cancellation, non-renewal or material change of coverage. 8. Non-Appropriation. Notwithstanding any other provision in this IGA, this (GA may be 3 terminated if for any reason the Pima County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this IGA. In the event of such cancellation, the County shall have no further obligation to the Town other than for services already provided. 9. Termination. Either party may, at any time and without cause, terminate this IGA by providing ninety(90) days written notice of intent to terminate. 10. Conflict of Interest. This IGA is subject to cancellation for conflict of interest pursuant to the provisions of ARS § 38-511, the pertinent provisions of which are incorporated herein by reference. 11. Compliance with Laws. Each party to this IGA complies 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 shall 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 a court of the State of Arizona in Pima County. Any charges in the governing laws, rules, and regulations during the terms of this IGA shall apply, but do not require an amendment. 12. Non-Discrimination. 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. 13. ADA. 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. 14. Legal Authority. Neither party warrants to the other its legal authority to enter into this IGA. If a court, at the request 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. 15. Workers' Compensation. 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 Workers' Compensation benefits for its employees. 16. No Joint Venture. It is not intended by this IGA 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 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. 17. No Third Party Beneficiaries. 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 affect the legal liability of either party to the IGA by imposing any standard of care with respect to the maintenance of public 4 facilities different from the standard of care imposed by law. 18. Severability. 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. 19. Notice. 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 (or at such other address as may be identified by a party in writing to the other party): County: Town: Pima County Sheriffs Department Town of Marana Corrections Bureau Chief 11555 W. Civic Center Dr. Bldg. A. 1750 E. Benson Highway Marana, AZ 85653 Tucson, AZ 85714 With copies to: County Administrator 115 N. Church Ave. 2nd Floor, Suite 231 Tucson, AZ 85701 Clerk of the Board 33 N. Stone Ave., Suite 100 Tucson, AZ 85701 20. Entire Agreement. This document constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This IGA shall not be modified, amended, altered or extended except through a written amendment executed by the parties. Remainder of Page Intentionally Left Blank 5 This agreement may be executed in counterparts, each of which, when taken together, will constitute one original agreement. In Witness Whereof, County has caused this Intergovernmental Agreement to be executed by the Chairman of its Board of Supervisors, upon resolution of the Board and attested to by the Clerk of the Board, and Town has caused this Intergovernmental Agreement to be executed by the Mayor upon resolution of its Town Council and attested to by the Town Clerk: ATTEST: TOWN OF MARANA, a municipal corporation Town of Marana Clerk Mayor Date Date ATTEST: PIMA COUNTY, a body politic Clerk, B rd of Supe rs Chair Poard of Supe * ors((ff JUN 1 8 2024 JUN 18 2024 Date Date PIMA COUNTY, head of department ) ( • ) Chris Nanos, Sheriff Date 6 This agreement may be executed in counterparts, each of which, when taken together, will constitute one original agreement. In Witness Whereof, Countyhas caused this Intergovernmental Agreement to be executed by 9 9 the Chairman of its Board of Supervisors, upon resolution of the Board and attested to by the Clerk of the Board, and Town has caused this Intergovernmental Agreement to be executed by the Mayor upon resolution of its Town Council and attested to by the Town Clerk: ATTEST: TOWN OF MARANA, a municipal corporation Town of Marana Clerk Mayor (0/20 (267-4 lz 402-g Date Date ATTEST: PIMA COUNTY, a body politic Clerk, Board of Supervisors Chair, Board of Supervisors Date Date PIMA COUNTY, head of department Chris Nanos, Sheriff Date 6 Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the intergovernmental Agreement represented by the undersigned. PIMA COUNTY: TOWN OF MARANA: h SEAM 1 OLGUIN Deputy.Gbunty Attorney Town of Marana Attorney Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. PIMA COUNTY: TOWN OF MARANA: Deputy County Attorney Town of arana Attorney 7 Exhibit A to Marana Resolution No. 2024-059 INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF MARANA AND PIMA COUNTY FOR PROVISION OF VIDEO-COURT HEARINGS OF MUNICIPAL INMATES CTN-SD-24*150 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 inmates; 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 inmates 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: Agreement 1. Purpose. The purpose of this IGA is to set forth the terms and conditions for the Pima County Sheriffs Department Corrections Bureau to provide the Town of Marana Municipal Court with a video court session between Marana Municipal Court (MMC) and the Pima County Adult Detention Complex (PCADC). 2. Obligations of the Parties. PCADC will be responsible for pulling MMC's inmate files and preparing them for court, preparing their inmates for court, providing security in the video-court hearing, coordinating workflow support, specific to distributing court documentation from MMC to inmate and if applicable, completing electronic return (via fax or email)to MMC. MMC shall fax or email PCADC's Records Unit a list of inmates that they are requesting to see by 11 a.m. on the date of the video court hearing and shall fax or email copies of any court paperwork generated at the hearing immediately following the video court session. Each video court session will be held weekdays, beginning at 1200 hours. Both Town and 1 Exhibit A to Marana Resolution No. 2024-059 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. Town will pay for up to three hours of video court weekly 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) $40.08 Total for three hours: $120.24 "Town of Marana inmate" shall mean any person who has been incarcerated as a result of a charge pending in the Town of Marana Municipal 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 Municipal 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. 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 week, the Town will not be billed that week. c. The Town will be billed monthly for these services. The invoice for these services will be separate from the monthly incarceration billing invoice and must be paid separately. 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. County will submit a statement of Town video-court session charges on a monthly basis. This statement shall provide information in chronological order as follows: billingperiod, dates of 9 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 of the monthly billing. Disputes about the billing statement shall be jointly reviewed by both parties and satisfactorily resolved within 45 2 Exhibit A to Marana Resolution No. 2024-059 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. 3. Term. This IGA shall be in effect from July 1, 2024 through June 30, 2025. This IGA may be extended for four (4) additional one (1) year periods or any portion thereof. Any extension shall be by written amendment executed by the governing bodies of the parties. 4. Costs. Neither party shall be obliged to the other party for any costs incurred pursuant to this IGA, except as herein provided. 5. Jurisdiction. Nothing in this IGA shall be construed as either limiting or extending the statutory jurisdiction of either of the parties. 6. Indemnification. 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. 7. Insurance. Each party shall obtain and maintain at its own expense, for the duration 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 IGA 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 this IGA involves professional services, professional liability insurance in the amount of $1,000,000.00. d) If required by law, workers' compensation coverage includes employees' liability coverage. The above requirements may be met through self-insurance pursuant to A.R.S. §§ 11-261 and 11-981 or participation in an insurance risk pool under A.R.S. § 11-952.01 at no less than the minimal coverage levels set forth in this article. Parties to this IGA shall provide thirty (30) days written notice to all other parties of cancellation, non-renewal or material change of coverage. 8. Non-Appropriation. Notwithstanding any other provision in this IGA, this IGA may be 3 Exhibit A to Marana Resolution No. 2024-059 terminated if for any reason the Pima County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this IGA. In the event of such cancellation, the County shall have no further obligation to the Town other than for services already provided. 9. Termination. Either party may, at any time and without cause, terminate this IGA by providing ninety (90) days written notice of intent to terminate. 10. Conflict of Interest. This IGA is subject to cancellation for conflict of interest pursuant to the provisions of ARS § 38-511, the pertinent provisions of which are incorporated herein by reference. 11. Compliance with Laws. Each party to this IGA complies 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 shall 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 a court of the State of Arizona in Pima County. Any charges in the governing laws, rules, and regulations during the terms of this IGA shall apply, but do not require an amendment. 12. Non-Discrimination. 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. 13. ADA. 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. 14. Legal Authority. Neither party warrants to the other its legal authority to enter into this IGA. If a court, at the request 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. 15. Workers' Compensation. 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 Workers' Compensation benefits for its employees. 16. No Joint Venture. It is not intended by this IGA 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 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 parry's obligation to withhold Social Security and income taxes for itself or any of its employees. 17. No Third Party Beneficiaries. 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 affect the legal liability of either party to the IGA by imposing any standard of care with respect to the maintenance of public 4 Exhibit A to Marana Resolution No. 2024-059 facilities different from the standard of care imposed by law. 18. Severability. 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. 19. Notice. 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 (or at such other address as may be identified by a party in writing to the other party): County: Town: Pima County Sheriffs Department Town of Marana Corrections Bureau Chief 11555 W. Civic Center Dr. Bldg. A. 1750 E. Benson Highway Marana, AZ 85653 Tucson, AZ 85714 With copies to: County Administrator 115 N. Church Ave. 2nd Floor, Suite 231 Tucson, AZ 85701 Clerk of the Board 33 N. Stone Ave., Suite 100 Tucson, AZ 85701 20. Entire Agreement. This document constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This IGA shall not be modified, amended, altered or extended except through a written amendment executed by the parties. Remainder of Page Intentionally Left Blank 5 Exhibit A to Marana Resolution No. 2024-059 This agreement may be executed in counterparts, each of which, when taken together, will constitute one original agreement. In Witness Whereof, County has caused this Intergovernmental Agreement to be executed by the Chairman of its Board of Supervisors, upon resolution of the Board and attested to by the Clerk of the Board, and Town has caused this Intergovernmental Agreement to be executed by the Mayor upon resolution of its Town Council and attested to by the Town Clerk: ATTEST: TOWN OF MARANA, a municipal corporation Town of Marana Clerk Mayor Date Date ATTEST: PIMA COUNTY, a body politic Clerk, Board of Supervisors Chair, Board of Supervisors Date Date PIMA COUNTY, head of department Chris Nanos, Sheriff Date 6 Exhibit A to Marana Resolution No. 2024-059 Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. PIMA COUNTY: TOWN OF MARANA: Deputy County Attorney Town of Marana Attorney 7