HomeMy WebLinkAbout03/15/2004 Item 023 MO�IAVE COUN'I'Y RE U�S'I' FOR �OARD AC'�'ION FORNY From: Matthew J. Smith, Mohave County Attorney FORMAL ACTION ■ �� by Deborah L. Herbert, Chief ivil Deputy County Attomey CONSENT ❑ ' ' " ' ° RESOLUTION ❑ � �� � Date: March 10, 2004 (Legal Advice & Direction Executive Session) OTHER � BOS Meeting Date: March 15 2004 INFORMATION ONLY ❑ SUMMARIZE THE ISSUE & DESIRED ACTION CLEARLY/ATTACH BACKUP MATERIAL: On February 17, 2004, the Board of Supervisors (the "Board") approved an Intergovernmental Agreement ("IGA") among the Bureau of Indian Affairs ("BIA"), the Superior Court of the State of Arizona in and for Mohave County (the "Superior Court"), and Mohave County, for the period of February 17, 2004, through February 16, 2006, to provide a means by which the BIA could detain juveniles under the BIA's jurisdiction in the Mohave County Juvenile Detention Center. BIA personnel and Superior Court personnel, as well as County Attorney's Office personnel, had reviewed and approved the IGA prior to its submittal to the Board, and authorized representatives for the Superior Court executed the IGA. However, upon submittal of the IGA to the BIA for execution, following execution by the Board and Superior Court, the BIA realized it had not yet had the IGA approved by its attorney, and upon his review of the IGA, BIA's attomey requested some modifications. Accordingly, County, Superior Court, and BIA staff and counsel renegotiated and revised the IGA, and are submitting the revised IGA to the Board for approval. BIA's attorney, the BIA Special Agent in Charge for this District, the Superior Court's attorney, and County Attorney's Office have reviewed and signed the revised IGA. Superior Court authorized signatories also have reviewed and approved the revised IGA. Attached to this Request Form for the Board's information is a"redline" copy of the IGA, showing the differences between the IGA previously approved by the Board and the current IGA, as well as a"clean," executable original of the revised IGA. The Superior Court believes that the Detention Center can accommodate juveniles under BIA's jurisdiction and supports the IGA as a means of providing much needed detention services to the BIA and of helping to cover costs of operating the Detention Center. Recommended Motion: I move to approve the Intergovernmental Agreement among Mohave County, the Bureau of Indian Affairs, and the Superior Court for use of the Mohave County Juvenile Detention Center Facilities and Services by the Bureau of Indian Affairs for the period of March 15, 2004 through March 14, 2006. Reviewed and Approved t3y: County Attorney I� Personnel ❑ Finance ❑ County Manager Board Action Taken: Approved as Requested No Action Taken ❑ Disapproved ❑ Continued to ❑ Approved with the following changes: Acknowledged receipt and referred to Filing Information and Retrieval Filed Bid �d Agreement ��� BOS Resolution Filed Yearly Correspondence Filed Petition Filed Dedication Filed Land Sold Filed Land Acquired Filed Franchise I.D. Resolution Filed Improvement Districi Filed Other Date Routed: �- \�- � Additional Information: �.�_�_ �` XC: o�c�vY.Q,S, �-�- .�-e_-�-�s�.� . You are reminded that items for the agenda, along with complete backup, must be in the County Manager's Office 10 days prior to Board Meeting. Item No. �`� \ \ . r " . . ~ , ' ..I\~. ~ When recorded, return to: Mohave County Attorney's Office Civil Division P.O. Box 7000 Kingman, AZ 86402- 7000 INTERGOVERNMENTAL AGREEMENT BY, BETWEEN, AND AMONG MOllA VE COUNTY, AIUZONA, THE SUPERIOR COURT OF THE STATE OF ARIZONA, IN AND FOR THE COUNTY OF MORAVE, AND TI-IE UNITED STATES DEl'ARTMENT OF TI-lE INTERIOR, BUREAlJ OF INDIAN AFFAIRS, FOR USE OF MOHAVE COUNTY JUVENILE DETENTION CENTER FACILITIES AND SERVICES This Intergovernmental Agreement ("Agrcement") is entered into to be effective the 15th day of March, 2004, by, between, and among .Mohave County, a political subdivision of the State of Arizona ("County" or "1.\lobave County"), the Superior Court of the State of Arizona, in and for the County oUvfahave (the "Superior- eour('), and the United States Department of the Interior, Bureau of Indian Affairs ("'BIA") (sometimes referred to herein collectively as "Partics" or individually as a "Par-ty"), far the pUll)QSC of providing use, for a fce, of the .Mohavc County Juvenile Detention Center I~lcilities and services to the BIA. RECITALS: 'VHEREAS, the Mahave County Board of Supervisors, as required by A.H...S. S 8-305, maintains a detention center that is separate and apaJi from a jailor lack:up in which adults are confined and where jm-eniles \\"ho are alleged to be delinquent or children wha are inconigib1c and within the provisions of Arizona Revised Statutes, Title 8, Chapter 3, Al1ic]e 1, shall be detained when necessary before or after a hearing or as a conditian of probation (the "iVlohave County Juvenile Detention Center" or "Facility"); and, 'VrIEREAS, the Presiding Judge afthejuvenilc division of the Superior Court (the "Juvcnile eour1") supervises the Facility, as is required by A.R.S. S 8-306, and the Mohave County Probation Department, which is a department of the Superior Court (the "Probatiou Depar-tment") operates and manages the Facility, in accordance wi1h A.R.S. ~ 8-306; and, TCIA for Juvenile Detention Facilities and Services Page 1 of9 I t' (. .. . . , .-!. I.'!- WHEREAS, the B IA upon occasion has need of a detention center for the detention of juveniles under its jurisdiction, and believes that the Facility w111 adequately satisfy BIA 's needs; and, \VHEREAS, the Facility upon occasion has excess capacity which the Parties desire to use to detainjuveniles under BlA's jurisdiction, for a fee; and, WHEREAS, 1-\.R.S. 9S 11-951 and 11-952, including without limitation A.R.S. 9 11- 952(L), authorize the County and Superior Court to enter into agreements for services, joint exercise of powers, and facilities with public agencies, including without limitation the federal government and/or any federal department or agency; and, WHEREAS, 25 USe. 9 2804(a) authorizes the B1A to enter into agreements \vith local govemments for services, joint exercise of powers, and facilities, inc luding the detention of juveniles under the BIA'sjurisdiction; NO\V, THEREFORE, the Parties agree as follows: AGREI~~1 ENTS: 1 Purposc; Scope of Services The purpose ofthis Agreement is to allow the County and Superior Coun to provide, and the BlA to lise, for a fec, detention services ("Scrvices") far housing and detaining juveniles under the jurisdiction oCthe BL\ at the Facility. 1.1 Services will be provided for a fee for all juveniles reCerred by the BfA to the Facility, unless the population afthe portiones) afthe Facility in operation at the time of the refenal is at capacity. 1.I.1 If'the Facility is at capacity and the need arises to detain ajuvenilc under thejurisdiction of the Juvenile Court at the Facility, the Presieling Judge orthe Juvenile Court 1nay, after notice and hearing, order a juvenile under the jurisdiction oCthe BlA that is detained at the Facility to be released to the BJA. Iftlle Presiding Judge oEthe Juvenile COllrt orders such a release ofajuvcnile to the DIA, the Probation DepaTtment shall promptly notify the BIA of such order, and the BrA shall, upon receipt ofsuch notice, promptly and \"ithout lIndue delay, take custody of the j lIveni Ie and transport the juvenile from the Facility. 1.1.2 \\Then the Facility is ut or near capacity, the Probation Depm1mcnt will work wilh the BfA ta delennine whichjuveni1cs under the jurisdiction af the BIA should be released in the event the need arises for additional detention of juveniles under the jurisdiction of the Juvenile Conrt. lGA. for Juvenile Detention Facilities and Services Page 2 of9 ~ 1.2 Services provided shall include, but are not be limited to, housing, food, clothing, nonnal hygiene, and other routine services and care, including routine medical care, counseling, recreation, and visitation. 1.3 A11 Services will be provided in complimlce with applicable laws, ordinances, standards and practices. A]] juveniles referred to the Facility by tile BtA will be treated according to the same rules and regulations applied to other detainees. 1.4 The Probation Department wi]] alTange for non-routine medical, mental health, and/or educational services required by juveniles referred by the 81A and detained at the Facility. These non-routine services include, but are not limited to, hospitalization costs, ambulance fees, psychiatric assessments, psych-ed evaluations, and medications. 2 Payment 2.1 The BTA agrees (0 pay to the Probation Department a daily rate or fee orS120.00 per bed, to be computed on a 24-hour basis, hour to hour which includes all Services under paragraph 1 .2 above. The BT A agrees to pay the Cull daily rate of S 120.00 for a juvenile referred by the BIA and booked into the Facility and remaining less t11an 24 hours. This daily rate shall not be increased \vithout the writkn agreement of the f3lA. 2.2 The BrA agrees to reimburse the Probation Departmcllt for tbe cost of all non- routine medical, mental health, and educational services under Paragraph 1.4 above tbat are required by juveniles referred to the Facility by the BJA 2.2.1 Tn all non-emergency situations, the Probation Department shall request the BTA's written concurrence as to the non-routine services to be provided to juveniles referred to tIle Facility by the BlA and as to the costs to be reimbursed prior to the provision of any such non~routine services under Paragraph 1.4 above. 2.2.2 The Probation Department shall bave sole responsibility and discretion for determining whether a situation is an emergency, or becomes an emergency while awaiting the BL\'s concurrence as to non-routine, non-emergency services, and tbe BIA shall defer to the Probation Departmcnt's assessment of the situation ;md determination regarding the emergency or non-emergency nature of tile situatioll. 2.2.3 The Probation Department wi IJ noti ry the BTA of any emergency situation and serviccs within 24 hours of its or their occurrence. 2.3 The Probation Department will invoice [he BIA on a monthly basis for Services rcnden::d. 2.4 The BrA will pay the Probation Department promptly upon receipt 0 f the invoice, but in any event such payment shall be made no later than sixty (60) days after the date of the invoice. IGA for Juvenile Detention Facilities and Services Page 3 of9 .__h_., _un_ - '-. ----..-- --. - I , . .. . . 5.3 The B1A shall prepare a bellavioral plan which will include any treatment services (social services, counselors to address substance and/or behavioral issues, etc.) for any juvenile to be detained longer than thirty (30) days at the Facility. 6 Transportation; Legal Representation of Detainees 6.1 The BrA shall provide transportation to ;lI1d from the Facility when juveniles nnder its jurisdiction are booked into and released fi"om tbe Facility, when appearances are required at Court Hearings, and, \vhen medical, dental or other appointments for any such juvenile are schedlIlecl outside the Kingman area. 6.2 Neither the County nor the Superior Court shall be responsible for any legal representation needed by juveniles under the BJA'sjurisdiclion that are detained at the Facility. 7 Communifation The B1A and the Facility shall at all times maintain close communications through designated staff regarding the status of detained juveniles under the jurisdiction of the BIA. S Choice of Law This Agreement is made and to be performed in tbe State l)f Arizona and shall be construed, enforced, and governed by the intemal, substantive laws of the State of Arizona without regard to conflict of law principles. 9 Notices All notices required or pemlitted to be given uncler this Agreement shall be in writing and shall he given by facsimile, personal delivery, deposit with an overnight express delivery service, such as Federal Express, or deposit in the United States ;-",Jail, certified or registered mail, return receipt requested, postage prepaid. addressed 10 tIle applicable addresses set forth helow. or sllch other addresses as hereafter mav he desiQ:nated to the . .. J - . _ ... Parties by prior notice, in writing: Fot" l\1ohaye County: For the Bureau of Indian Affairs: Deborah L. Herbert United States Department 0 f the Interior Chief Civil Deputy County Attorney Bureau of Indian Affairs Mohavc County Attorney's Office 924 Rodeo Way P.O. Box 7000 Peach Springs, 1\Z 86434 Kingman, AZ 86402 Attn: Jason Thompson, Chief of Police Facsimile: (92R) 753-4290 Facsimile: (928) 7(19-2459 IGA for Juvenile Detention Facilities and Services Page 5 of9 I . I . , For the Superior Court: Rod Marquardt Chief Probation Officer Jv10have County Proba~iol1 Department P. O. Box 7000 Kingman, AZ 86402 l-<acsimile: (928) 753-1636 Notices under this Section shall be deemed complete and effective on the date delivered, if given by facsimile, personal delivery or ovemight express delivery service, or four (4) days after the date of deposit in the Mail, if sent through the United States Mail. ]f) Conflict of Interest This Agreement is subject to cancellation or tem1inatioll pursuant to A.R.S. ~ 38-51 J, the provisions of which are incorporated herein by this reference. 11 Entire Agreement; Amendment(s) This Agreement constitutes the entire agreement and understandin(~ between the Paliies with respect to, and supersedes, any and all prior agreements, understandings, negotiations, amI representations regarding the subject matter nfthis Agreement. This Agreement may only be amended in writing upon mutual agreemcnt of the Parties. 12 Recordation Upon approval and execution of this Agreement by the Parties, the County shall cause this Agreement to be recorded in the Official Records of the Mohave County, Arizona, Recorder's Office and filed in the Arizona Secretary of State's Office. 13 Partial [llvalidity; Severability IC any tcrm, condition or provision of this Agreement or thc applicatiolJ thereof to any person or circumstance shall, at any time during the tem1 of this Agreement, or to any extent, be deemed hy a court of competent jurisd iction to he invalid or unenforceable, the remainder ofrhis Agreement, or the application of such term, condition or provision to persons or circumstances other than those to which this Agreement is found to be invalid or unenforceable slH1J1not be affectcd thereby and each remaining term, condition or provision of this Agreement shall remain valid and cnforceable to the Cullest extent provided by law. 14 Constructioll; Section Headings Whenever the context oft11is Agreement requires, the singular shall include the plural, and the masculine, neutral or feminine shall include each oCthe other. This Agreemcnt is Te;A for Juvenile Detention Facilities and Services Page 6 01'9 I . . ,) , the result of negotiations between the Parties and shall not be construed for or against any of the Parties as a consequence of any Party's role or the role oC any Party's attorney in the preparation or drafting of this Agreement or any amendments hereto. The Section Headings contained in this Agreement are for the convenience and reference ofthe Pm1ies and are not intended to define or limit the meaning or scope of any provision 0 f this Agreen1ent. 15 Compliance with Laws;:\'on-Discrimillation The Parties and their employees and agents shall at all times comply with all applicable federal, state and local laws, statutes, ordinances, rules, regulations, and codes, and all orders and decrees of bodies or tribunals having jurisdiction or authority, which may in any manner affect the provision of Services under this Agreement. In addition, the Pm1ies agree to comply "v'ith all applicable court orders, and state and Cederal hws, rules, regulations and executive orders governing non-discrimination, including the Americans \\'ith Disabilities Act, equal employment oPP011unity laws, and immigration laws. Each Party shall include a clause to this effect in all subcontracts related to this Agreement. 16 Independent Contractor Status This . Agreement does not create an employee/employer relationship or a joint employment relationship between the Parties. Rather, it is understood and agreed that the Parties at all times shall be deemed independent contr:lctors- of each other for all purposes, and tll::1t no Party to this Agreement nor its employees or agents shall be considered employees of any other Party under this Agreement 17 Inurement; Assignment; Suhcontracting A II of the terms, covenants and conditions 0 C this Agreement shall be binding upon, and shall il11Jre to the benefit or, each Party and the successors and assigns of each Party. BlA shall not assign nor sub-contract its rights, duties, or obligations under this Agreement without the prior written consent of the other Parties. 18 No Third Party Bl'neficiarics There are no third party beneficiaries of this Agreement, mHI no third party shall be entitled to claim any right or interest under or by reason oftl1is Agreement or to enCorce any provision ol'this Agreement. BALAL'\'CE OF PAGE LEFT BLANK INTENTIONALLY KIA far Juvenile Detention Facilities and Services Page 7 0 [9 . . . .~ . 19 Counterpart Signatures This Agreenlet1t may be executed in any number of countcq)(lrts, each of which shall be deemed a duplicate original and all of which when taken together shall constitute one and the same document. Countel1Jarts are effective and binding when this Agreement has been executed by all of the Parties. By their signatures set fOlih below, the Parties agree to and accqlt the te1111s, conditions and provisions of this Agreement. MOHAVE COUNTY, AIUZONA, SUPERIOR COURT OF THE a political subdivision ofthe State of STA TE OF ARIZONA, IN AND A rizon a, FOR THE COUNTY OF MOHA VE By: By: Pete Byers, Chainl1<m HOD. J{obert R. 1\100n, Mohave County Board of Supervisors Presiding Judge of the Superior COUlt Bv: ,.I ____.___~_ ATTEST: I-/on. Charles W. Gurtler, Jr., Presiding Judge of the Juvenile COllli Barbara Bracken, Clerk !vlohave County Board of Supervisors Approved as to Content and Recommended: Rod ,\1arquardl, Chiet"Prohation Officer UNITED STATES DEPARTMENT OF THE JNTERIOH., BUREAU OF INDIAN AFFAIRS By: --- Printed Name -- ..~--_. Title KiA for Juvenile Detention Facilities and Services Page 8 of9 Mar-Q9-2004 09:59am From-FIELD SOLICITOR 6C2-364-7895 T-324 ~ 002/002 F-181 '. J.." 19 Counterpart Signatures This A~eement may be executed in anynumbor ofcountl:1parts, each afwruch shall be . deemed a duplic!.t~ original m1d all of which when tSlken togelthw- ~hall constitute one and the S3m~ docl1IIlent. CountefT.larts are offectiv~ and bjnding when thi~ Agr~emient has been exec\lted by ill1 of the Parties, ! By thl!ir signatures set forth bolow, the Parties aaree to EUld acc~t the 1onn&:, ccnditiol16: and provisions of this Agreemont. MORA VR COUNTY, ARIZONA, SUPERIOa COURT OF THE n political subdivision ofth.c Stil.to of ST A. TE OF ARIZONA~ L~ AND Arlzon~ FQRTHECOUNTYOFMOHAVE ay: By: POle Bye:r5, ChilliIman Hon, Robert R. Moon, Mohl1ve County Board of Supervisors Presiding Judge ofthCl Superior Conrt By: I ATTEST: Hon. ChBdc::s W. Gurtler, Jr., PresidiJl8 Judge of the:: Juvenile Court Barbara Bracken, Cl~k Moha~e County Board of Supe:rvfson Approvld 811 to Content and R.commended: . Rod Marqunrdt, Chief' Probation OffIcer UNITED STATES DEPARTMENT f OF THE INTERIOR. ::~Z:AlRS 5 'TZ/../ 1;.1 If.. . ...:JJf""~ Printod Name ~~C.I /;-G. Au~r I",' c oH,ol..e..a.~ Tltl~ IGA for JUVt!lTl1Jo Detontion Faoili'ties and Services Page 8 or Sl - <, en""""; -:Ie...... r'i::ii"!c=" c:,"",., ~ ~~ r-10P-l71R-?I71I;VI ??:c:1/1 , . . " ,- This Agreement has been reviewed by the undersigned counsel who have detem1ined that it is in appropriate form and wjthin the powers and authority granted to eac'h respective public body, ATTO~'\JEYS FOR MOHA VB COU='JTY A TTORNEYS FOR THE 1\1 A TTHEW J. SMlTH SUPERIOR COURT OF THE i\10HA VE COUNTY ATTORNEY STATE OF ARIZONA, IN AND FOR THE COUNT'{ OF MOHA VE By: i~ By: Deborah L. Herbert, David L. Withey, Chief Civil Deputy County Attorney Chief Counsel Arizona Supreme Court Admini strative Office of the Courts Date:.(i~~Z2z/h:A ~ gJ~._._ Date: --~.._---------- A TTORNEYS FOR THE UNITED STATES DEPARTMENT OF THE INTER fOR, BUREAU OF INDIAN AFFAIRS By:__ \Vi Iliam W. Quinn, United States Department of the Interior Office ofthc Solicitor, Phoenix. Field Office Date: -~--.~--- rc;-A Fe)f Juvenile Detention Facilities and Services Page 9 of9 J~N-;p-l'3tl0 18:30 P.01/01 . ,.:- This Agreement has been reviewed by the undersigned counsel who have determined that it is in appropriate form and within the powers and authority granted to each respective public body. ATTORNEYS FOR MOHA VE COUNTY ATTORNEYS FOR THE MA TTHEW J. SMITH SUPERIOR COURT OF THE MOHAVECOUNTYATTO&~EY STATE OF ARIZONA, 1N AND FOR THE COUNTY OF MOHA VE By: By: ~-J~ Deborah L. Herbert, David L. Withey, Chief Civil Deputy County Attorney Chief Counsel Arizona Supreme Court Administrative Office of the Courts Date: Date: 3/s-/0i ATTORNEYS FOR THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS By: William W. Quinn, United States Department of the Interior Office of the Solicitor, Phoenix Field Office Date: IGA for Juvenile Detention Facilities and Services Page 9 of9 TOTAL P. 01 MAR-05-2004 04:4'3 99% P.01 -..-- Mar-04-2004 06:00pm From-FIELD SOLICITOR 602-364-7895 I-~a l' UUUUUl ~-Ijl . '."',,, I This Agreement has been reviswed by the undorsigned counsel who have determined tllat it is in appropriate form a.nd within the powers and authority granted to each respective pllblic body. ATTO~~EYS FOR MOHA VE COUNTY ATTORNEYS FOR THE MA T1'HEW J, SMITH SUPERIOR COURT OF THE MOHAVE COUNTY ATTORNEY' STATE OF ARIZONA, IN AND FOR THE COUNTY OF MOHA VB By: By: Deborah 1. Herbert, David L. Withey, Chief Civil Deputy County Atto,mey Chief Counsel Arizona Supreme Court Administrative Offioe of the Courts Date: Date: A TTORNBYS FOR THE tfl\I1TBD STATES DEPARTMENT OF THE INTERIOR. BUREAU OF INDIAN AFFAIRS By: \.,)"JJ.....'a....... ~. ~ 'William W. Quinn, United States Department of the Interior Office of the Solicitor, Phoenix Field Offioe Date:: ~~~'ck ~ JDet J lOA for Juv~nilc Detention Facilities and Services Pago 9 of 9 TOTAL P.21 I ! MAR-04-2004 06:05 602 364 7895 qr..t P.02 - (/.. . ,~.'- . .. When recorded, return to: Mohave County Attomey's Office Civil Division P.O. Box 7000 Kingman, AZ 86402-7000 INTERGOVERNMENTAL AGREEMENT BY, BET\VEEN, AND AMONG MOl-lAVE COUNTY, A.RIZ0NA, TI-IE SUIlERIOR COURT OF THE STATE OF ARIZONA, IN AND FOR THE COUNTY OF MOHA VE, A~D THE UNITED STATES DEPARTMENT OF TIlE INTERIOR, BUREAU OF INDIAN AFFAIRS, FOR USE OF MOHA VE COUNTY JUVENI LE DETENTION CENTER FACILITIES A.ND SERVICES This Intergovernmcntal Agreement ("Agreement") is entered into to be effective the l-+.t'hJ...:.ith day of -Feh+1:ffifY,\Jarch, 2004, by, betvveen, and among 1\10havc County, a political subdivision of the State of Arizona ("County" or "Mohave County"), the Superior Court of the State of Arizona, in and for the County ofMohave (the "Superior Coure), and the United States Department 0 f the Interior, Bureau of Indian A m.irs ("BIA ") (sometinles refelTed to herein collectively as "Parties" or individually as a "[larty"), for the purpose of providing llse, for a fee, ofthc Mohave County Juvenile Detention Center facilities and services to the BIA. RECIT ALS: \VHEREAS, the Mohave Comity Board of Supervisors, as required by A.R.S. S 8-305, maintains a detention center that is separate and apart from a jailor lockup in which adults are confined and where juveniles who are alleged to he delinquent or childrell who are incorrigible and within the provisions of Arizona Revised Statutes, Title S, Chapter 3, Article 1, shall he detained when necessary before or after a hearing or as a condition of probation (the ":vJohave County .Juvenile Detention Center" or "Facility"); and, 'VHEREAS, the Presiding Judge of the juvenile division oCthe Superior Court (the "Juvenile COlli-I") supervises the Facility, as is required by A.R.S. 9 8-306, and the Mohave County Probation Department, which is a department orthe Superior Court (the "Probation Department") operates and manages the Facility, in accordance with A.R.S. ~ 8-30C); and, //1 I TeiA for JLlvenile Detention Facilities and Services /'Ke~ ,'-ILL Page 1 0 f 10 . ~-!~ \VHEREAS, the BlA upon occasion has need of adetention center for the detention of juveniles under its jurisdiction, and believes that the Facility will adequately satisfy BrA's needs; and, \VH EREAS, the Facility upon occasion has excess capacity which the Parties desire to use to detain juveniles under BrA's jurisdiction, for a fee; and, \VHEREAS, A.R.S. 99 11-951 and 11-952, including withollt limitation A.R..S. ~ 11- 9S2(L), authorize the County and Superior Court to enter into agreements for services, joint exercise of powers, and facilities with public agencies, including without limitation the federal govemment and/or any federal department or agency; and, \VHEREAS, -=:::'~==:-:::=-:-.:::===::-::::::::=_._,_.25JJ;S."~~,,,S 2~J}lCJ1 allthorizes the BrA to enter into agreements with local govermnents for services, joint exercise of powers, and facilities, including the detention of juveniles under the BIA's jurisdiction; NO\V, THEREFORE, the Parties agree as follows: AGRKEMENTS: 1 Purpose; Scope of Services The purpose of this Agreement is to allow the COllnty and Superior Court to provide, and the BIA to use, for a fee, detention services ("Services") tor housing and detainingjuveniJes under the jurisdiction ofthe BrA at the Facility. 1.1 Services will be provided for a fee for all juveniles rercrred by the BIA to the Facility, unless the population of the portiones) of the Facility in operation at the time of the referral is at capacity. 1.1.1 lfthe Facility is at capacity and the need arises to detain ajuvenilc under the jurisdiction of the Juvenile Court at the Facility, the Presiding Judge orthe Juvenile Court may, aner notice and hearing, order ajuvenile under the jurisdiction of the BIA that is detained at the Facility to be released to the BlA. .Lt' .tl}.(:.....l).I.S'>i.\Jj.n.g~,I J.L~L~~_.2UI}(;.)_~~~~flill;s:. .(.:9J!rl....~l.E~ieX2...2tl c:Jld:t..}',~J.~Kl.S~~9J:.;lj_L.!Y.~:niL9. 1.\1 .tl1\;J1J/\;,,-..1J; 9J?lJ)l?3};,tiJ!J1I2;;p.&H:~JJ1,\;nl~~1);)1.1J.?r.().mJ]l!x~nt)LiJ);Jllk'J3J;~,,,,9J.:,;?!J.f;,b()!:<J.y.X,,. ill1(jJb.9,..J11b .~j,lnU....JmQlJJ~G..GiI2L()C.~.Llf.l}.._.I1Ql is;S~,..!)~.l.)m 1)1IYJ1.I'sl."I\,i,;\h_QJJ.I..hlLE.tlis:..df:..I.HY-, !nt~ c.L})I.Q\1.YJ) f t hs;ju.~~en i 1 q~~ll\t1J!lll ~1?JlJ1Jl)~j]j\S.!:!it~.,rrW,11. Iii ~Ji1.<;jljJY,. 1.1.2 Vv11en the Faei I ity is at or near capacity, the Probation Department \vill work with the B1A to determine which juveniles under the jurisdiction of the BIA should be released in the event the need arises for addition,ll detention of juveni Ics under the jurisdiction 0 f the Juvenile Court. TCi-A for Juvenile Detention Facilities and Services ~~[~ Page 2 of 10 . . . ~ ...;- 1.2 Services provided shall include, but are not be limited to, housing, food, clothing, non11al hygicne, and other routine serviccs and care, including routine medical care, counseling, recreation, and visitation. 1.3 All Services will be providcd in compliancc with applicable laws, ordinances, standards and practices. All juveniles refened to the Facility by the B1A will be treated according to the same rules and regulations applied to other detainees. 1.4 The Probation Depal1ment will arrange for non-routine medical, mental health, and/or educational services requircd by juveniles referred by the BJA and detained at the Facility. These non-routine services include, but are not limited to, hospitalization costs, ambulance fees, psychiatric assessments, psych-ed evaluations, and medications. 2 ])ayment 2.1 The BTA agrees to pay to the Probation Depm1mcnt a daily ratc or fee of S 120.00 per bed, to be computed on a 24-hour basis, hour to hour which includes all Services under paragraph 1.2 above. The BrA agrees to pay the fnll daily rate of $120.00 for a juvenile referred hy the BIA and booked into the Facility and remaining less than 24 hours. This daily rate shall not be increased without the written agreement of the BIA. 2.2 The B1A agrees to rei mburse the Probation Department for the cost of all non- routine medical, mental health, and educational services under Paragraph 1.4 above that are required by juveniles referred to the Facility by the BIA. 2.2.1 In all non-emergency situations, the Probation Department shall requcst the 81A's written conCUlTence as to the non-routine services to be provided to juveniles refened to the Facility by the BrA and as to the costs to be reimbursed prior to the provision of any such non-routine services under Paragraph 1.4 above. 2.2.2 The Probation Depal1ment shall have sole tesponsibility and discretion for determining whether a situation is an clnergency, or becomes an emergency while awaiting the BrA's conCUlTence as to non-routine, non-errlergency services, and the BJA shall defer to the Probation Department's assessment of the situation and determination regarding the emergency or non-emergency nature of the situation. 2.2.3 The Prohation Department will notify the BTA of any emergency situation and services within 24 hours of its or their OCCLLlTence. 2.3 The Probation Department will invoice the BrA on a monthly basis for Services rendered. 2.4 The BIA will pay the Probation Department promptly upon receipt of the invoice, but in any cvent such payment s11al1 be made no latcr than sixty (60) days after the date of the invoice. rGA for .Juvenile Detention Facilities and Services ~~ Page 3 of 10 . ~. .. 3 Term; Termination 3.1 The term of this Agreement shall be far a period of 24 months from -FchFl!afY l:J:;ylarch '15,2004= through and including ~m---Har)~.1-4il'lISJ:L,);!, 200G, unless terminated .....__.~......._- earLier as provided herein. ,,') The Parties may terminate this Agreement at any time i fthey mutually agree to do _1._ so in a written document signed by the Parties. In addition, any Party to this Agreement may terminate this Agreement unilaterally, with or without cause, prior to the normal expiration of its term by providing the other Parties with no less than thirty (30) days advance written notice of termination. 4 Referrals; Booking 4.1 The B I A will contact the Facility prior to transpOlting a juvenile to the Facility for detention. 4.2 The BfA \vill provide to the Facility a Court Order to detain the juvenile, and all other medical, social and/or other referral infonnation requested by the Facility. The BIA will use such forms as required by the Facility for booking of juveniles under the BrA's jurisdiction to be detained at the Facility. 4.3 The B1 A \vi II not deliver to the Faeili ty juveniles who ;Ire under the influence of controlled substances, or who are experiencing serious medical problems. \vithollt first obtaining a medical release Ii-om an appropriate medical professional. 5 Rl'Ieasc; Review 5.1 The RIA shall noti fy the Facility when a detained juvenile ~.lj~sJ~I=~JJ~j,,~,g:.i-~~li\JV)u ,Ie xh~,J31<,\_" i st 0 be re I eased,.,D:(,~JrLlhSfJ:';1giJ)lYJSl,lh~mBJ/\ 'ml\P y >U<h_L~1s:,ps(:mD(I '~,9:Llb(;~ )'\',\,! .lIQ;;?J.slLJl:.i: ...IJJ/\)!}JJll....bs.~...g1..tl}~;....~91~......SU;~\:;Is;ti..(;1JloY f'JIJS.,.ls J ,\:...?I.J;lJJ:..~\.'.l}lli'L.isn~~D9t .iLS:,....bs 12.~tJo mll]iLl.-1L0!..!:!11\lyiul d \.\LDlW11 U ndu~:Ji~ln ,)~,.Ql....U\S~..Lil.C:i) it\., . ...~.i u~l, ..),b;\lL n O\~-L~UJil'yj;m ~,;r\;.~L.QL.;LS:S).ll ct,. - I The 81A shall review with the Mohave County Probation Department the status )."- of each juveni Ie detained at the Facility for thirty (30) days or Illore, on a thirty-day basis. :W1€-bl}YJ1!jng",J9.JJ1~;."S52nll:"\LLLruhj,~j\ gI~~Il}'~"l1t)li ll"djJl.b~l?IJ&ti ! 1 !',JJ,1,~~ res u Ita f th i s rcv i e\ v may include, upon order of the Juvenile Court, the juvenile's release to the 81A...LC.lJlS:. ,J..\I\SlJ1US'_..CqJU:1.J?Xd,(;: 1:~"0~.1.\.~h,';lI~I.FE.L?~..,\lL;ti1J'\:Enjl~"J(l....lh&;.. l}l/},",J llf.01\. )tl~Jy~J,_;~nJ.DJ:L px-\.!!)al i Q,lL!)-(Tjl t1 m&l !!l ,:>11 ,i lLpm.w D it vIlQ!jf~'. UIfl flL:~. Qf >UdU)I"dC ro,_: iniL0J.~ J31i\~llilIL. 111 )"Qn=,1~,,~~:fiDt.....(...) 1'>\1 c.iJ..,qgl,1(;:&;.:....PT()JJJR11;x:..n.I! q...~\_iIJJ9,1,Ll.....~.~.I},~iL 1 ~.....d9l.:J:.,_J'-lk (:,nl?JJ)\JY9C (b~ ,i,\I.Y.9uiJt.: UUSL.l J '\J1J~I)\)J'L."JIJY. !UY91}.ii~)).S)nJJl)9J:qs;jJi..( ;::. IGA for J llvenile Detention Facilities and Services ~o~~ Page 4 of 10 , . . .. ... t~ ~. ,.- . 5.3 The BfA shall prepare a behavioral plan which will include any treatment services (social services, counselors to address substance and/or behavioral issues, etc.) for any juvenile to be detained longer than thirty (30) days at the Facility. () Transportation; Legal Representation of Detainees 6.1 The BfA shall provide transportation to and from the Facility when juveni Ies under its jurisdiction are booked into and released from the f-acility, when appearances are required at Court Hearings, and, when medical, dental or other appointments for any such juvenile are scheduled outside the Kingman area. (1.2 Neither the County nor the Superior Court shall be responsible for any legal representation needed by juveniles under the BIA'sjurisdiction that are detained at the Facility. 7 Coinll1unication The BIA and the Facility shall at all times maintain close coml11unications Ihrough designated stafTregarding the status of detained juveniles under the jurisdiction orthe BlA. g--.-----f.n-deH-Hl~ +ffiH. 1;-d€-H--PHrty-H+~~d-em-n-itof!'-~}-ag:t'Be~; t c ..~ €'[c n (+-:-i+fL~+\-H i 1}: d 1.1J-Ri+14-.4arn+k'-S54fW-eHtt'f ! ':::-t i (',; (-fts--:-'-hw€fH:a-iti:'cs") Crofl+--itHfi--ag-H+tl5-h:tHy--anJ.-att-€+ai-H~€-~~-'+l~;t~~, (-\.f "''i:p0!'lSCS--~I-t+ffiB.g-+\'.'i:l+KH'\dh!e-H.l~HrHt':y'-. ~-;-j:et.'-S-,H-1-J.--t.i+iga+iBfH:~if**1';t':"+-0*fffiJ:&l4t'f j1 . ! r ! . '!' ." .. ~ . I :..BetW .. -BHm C~! ,i"€ll "e y r C -€-fJ'€f+(-)--8:S-:': ea-tuls-:-:j--af I ~~:]];:; 0 U t () s 1- C ,-H-€-S-'i---B-!" .' Y-J-HfHF:": " . Y-f€FS(~H (1';+S+;1 +i++L.>--fl.e.at+B-H-F-l:>'H::u:h'>'~'~Gur~~\:L~" ^'l '+4h8---87ri-'> R-r-+I'J:'lt---s-t.-!-ttr+!-a--i+T1-5-wh1t:h-res-H--l ' , . .... t~. . "-", . , ! 1 ' .' .t . ~... .." . . I b :: . .. .~ "t ., r.;T ~ I T. -- ~ ,! '--.; in'; i ~ ~ U:.i'H.Hi,!;k'rivati y,-o-H-a+)\'! : t y t () the 1 n del:: rl: t ~'l~'cr..>,,,+\w;.(,,, l-hy--+IL:i:h:;;~"HHi;,.si--e n~ ".,,1; .,. . '. v 1""' 1 .,1., . r 1-1++ j''':4-; 1,' -,.. " "H-f'-l' ". 1" ~. - fr' -, I ' ':"'-is-rt-E::l'H8:';-H1+M:*lf-l-":T~:- ";---() I--(h-L'\-"'J---- -dl.- 1-: -.. tt-\-€ -tl i;;ffifl':l+H'f-::--t-l--S--e+ ;. ~BS:B+l-c~) -- K""ld- -f., i~'H.i:s;-Of--\'O! i,Hl-e0Pj...--.::r~1€ rr~ri+)fl-S-f:)-.j .:.'!-H+s-j+Hli'H)+lfj ihd+i()f).. Se0t;;}j +SIIi+IJ--suFVi\:t'Lhe e~, p i r~111Bn-"Hf-el+ff:.:'+c"RBtHH: inn 0 r th'b.-A--::.2;r-ee-m CH t" (,)8 Choice of Law-;.+e-ftu-€' This Agreement is made and to be performed in the Slate of Arizona and shall be construed, enforced, and governed by the internal, substantive laws of the State of Arizona without regard to conflict of law principles. :p-l{'---\,""-I:\+l-C----.t.:,.;.r...,: ;n-y_.. .J-H\\'S.l.l.;.l....{-!f-i-~.,.j-H-g htmc,:'l' ntlh:!2Hrtie-:; un d;:: r thi--s----At.;!'CCA:k'H !-~::hJJlc h0-11+-(;\ nmA+)/;{)nu-.SHperh'tI'-(:('H:H4, \ . 4' f. I. .. . .. -.. ~ ~." .. , addresses set {l)lih below, or such other addresses as hercaHer may be designated to the Parties by prior notice, in writing: For Mohave County: For the Bureau of Indian Affairs: Deborah L. Herbert United States Department of t he Interior Chief Civil Deputy County Attorney Bureau ofIndian Affairs Mohave County Attorney's Office 924 Rodeo Way P.O. Box 7000 Peach Springs, AZ 86434 Kingman, AZ 86402 Attn: Jason Thompson, Chief of Police Facsimile: (928) 753-4290 Facsimile: (928) 769-2459 For the Superior Court: Rod Marquardt Chief Probation Officer Mohave County Probation Department P. O. Box 7000 Kingman, AZ 86402 Facsimile: (928) 753-163(j Notices under this Section shall be deemed complete and eiTcctive on the date delivered, if given by facsimile, personal delivery or overnight express delivery service, or four (4) days after the date of deposit in the Mail, if sent through the lJnited States Mail. -U,lU Conflict of Interest This Agreement is subject to cancellation or termination pursuant to A.R.S. S 38-511, the provisions of which arc incorporated herein by this reference. 1-J11 Entire Agreement; Amendment(s) This Agreement constitutes the entire agreement and understanding between the Parties with respect to, and supersedes, any and all prior agreemcnts, understandings, negotiations, and representations regarding the subject mattei' of this Agreement. This Agreement may only be amended in \vriting upon mutual agreement of the Parties. +JJJ Recordation Upon approval and execution ofthis Agrcement by the Parties, the County shall cause this Agreement to be recorded in the Ofucial Records of the ]\1ohave COLlnty, Arizona, Recorder's Office and filed in the Arizona Secretary of State's Office. lA!:l Par"tiall nvalidity; Severability IGA for Juvenile Detention Facilities and Services ~~ Page 6 of 10 ., , ,.. t ,. ..... "'l.~:- , '.'.- If any tenn, condition or provision of this Agreement or the application thereof to any person or circumstance shall, at any time during the term of this Agreement, or to any extent. be deemed by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement, or the application of such term, condition or provision to persons or circumstances other than those to which this Agreement is found to be invalid or unenforceable shall not be affected thereby and each remaining term, condition or provision of this Agreement shall remain valid and enforceable to the fullest extent provided by law. l~lA Construction; Scction Hcadings Whenever the context of this Agreement requires, the singular shall include the plmal, and the masculine, neutral or feminine shall include each of the other. This Agreement is the result of negotiations between the Parties and shall not be construed fl)1" or against any of the Parties as a consequence of any Pmiy's role or the role of any Party's attorney in the preparation or drafting of this Agreement or any :1I11endments hereto. The Section Headings contained in this Agreement are for the convenience and reference of the Parties and are not intended to define or limit the meaning or scope of any provision of this Agreement. .1-415 Compliancc with Laws; Non-Discrimination The Parties and their employees and agents shall at all times comply with all applicabk federal, state and local laws, statutes, ordinances, rules, regulations, and codes, and all orders and decrees of bodies or tribunals having jurisdiction or authority, which may in any maImer affect the provision of Services under this Agrecment. In addition, the Parties agree to comply with all applicable court orders, and state and federal laws, rules, regulations and executive orders governing non-discrimination, induding the Americans with Disabilities Aet, equal employment opportunity laws, and immigratinn laws. Each Party shall include a clause to this effect in all subcontracts related to this Agreement. ..a-+,L~, Independcnt Contractor Status This Agreement docs not create an employee/employer relationship or a joint employment relationship between the Parties. Rather, it is understood and agreed that the P<irties at all times shall be deemed independent contractors of each other for all purposes, and that no Pal1y to this Agreement nor its employees or agents shall be considered employees of any other Paliy under this r\~,'1"ee111ent. .1-8J2 hlUl-ement; Assignment; Subcontracting All of the terms, covenants and conditions of this Agreement shall be binding upon, and shall inure to the benefit of, each Party and the successors and assigns oreach Pm1y. BIA shall not assign nor sub-contract its rights, duties, or obligations under this Agreement \vithout the prior written consent orthe other Pat1ies. IGA for Juvenile Detention Facilities and Services .,~ 0 n .... " Page 7 of 1 0 r\3-.~ ;. , , .. , . . ... ~ :I'- ~.." : '! . ~ 19'1~ No Third Party Beneficiaries There are no third party beneficiaries of this Agreement, and no third party shall be entitled to claim any right or interest under or by reason of this Agreement or to enforce any provision of this Agreement. .~!Alj/\:\ C E 9 F E;\ q 12~)J<F'I~.JHAN K I ;'fn~NJJ 0 N ~'-!; LJ:: lGA If)f Juvenile Detention .Faci lities and Services ~ Page 8 of 10 -, . 0& . '- " 1.\ " , ''''''.: --....~. .r.... ;M} 12- Counterpart Signatures This Agreement may he executed in any number of counterparts, each of which shall be deemed a duplicate original and all of which when taken together shall constitute one and the same document. Counterparts are effective and binding when this Agreement has been executed by all of the Pmties. By their signatures set forth below, the Parties agree to and accept the terms, conditions and provisions of this Agreement. lVIOHA VE COUNTY, ARIZONA, SLJ}ERIOR COURT OF THE a political subdivision of the State of STATE OF ARIZONA, IN AND Arizona, FOR THE COUNTY 01.' MOHAVE By: By:_ Pete Byers, Chainnan Hon. Robert R. Moon, Mohave County Board of Supervisors Presiding Judge of the Superior Court By: _______. --- ATTEST: Hon. Charles W. Gurtler, Jr., Presiding Judge of the Juvenile Court Barbara. Bracken, Clerk .\tlohave County Board 0 I' Supervisors Approyed as to Content and Recommended: Rod 1\1arquardt, ChiefProba.tion Officer UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS By: -._--~----------.- Printed Name -- ---_. Title TGA for Juvenile Detention Facilities and Services ~QJ;,~ Page9oCIO J. ....., .. ... \.."" \ '.', " '. '""'10.- y~... v This Agreement has been reviewed by the undersigned counsel who have cletennined that it is in appropriate form and within the powers and authority granted to each respective public body. ATTORNEYS FOR MORAVE COUNTY A TTOR1"JEYS FOR THE MATTHEvV J. SMITH SUPERIOR COL~T OF TI-IE ~10HA VE C01JNTY ATTORc'ffiY STATE OF ARIZONA, TN A?\1D FOR THE COUNTY OF MOHAVE By: By: Deborah L. Herbert, David L Withey, Chief Civil Deputy County Attomey Ch ief Counsel Arizona Supreme Court Administrative Of/lee of the Courts Date: Date: ATTOfu"'fEYS FOR THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF fNDIAN AFFAIRS By: ...............,......-....,.............. ...............""... .............................................-.............-....-......-........... ~_.........m~~ Pri~~tec. :--bT:.c .-_..........._.......~~~-~- -~_.__.-._._...._---~..~ o..m__._______.._... .._.....,.,~~.._... ..". ... ..._.._....___.__ ._.__.__.___._.._.~__ .. .....~ ..........-. Title 'm \V i [1 ~\!J11m'YLJlllilJn, ..u....~"''''h......m..................mmmmm.m.m._....... ...._............m..~... ,clLui.ti;~lSJm~~J2~Pi?Itnls;nt;g_fJhs~LnJyIim ".~=QJJi~~-s;".q.UJ1<;SQLLs:i\.rzIco,El1oenix."'r.i;;;ldQEn ~~~ Date: