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: