IGA DPS PRISONER TRANSPORTR1.PDF

DAWN NORTHUP
DIVISION CHIEF COUNSEL
MARK BRNOVICH OFFICE OF THE ARIZONA ATTORNEY GENERAL BRIAN D. SCHNEIDER
ATTORNEY GENERAL STATE GOVERNMENT DIVISION / TRANSPORTATION SECTION ASSISTANT ATTORNEY GENERAL
INTERGOVERNMENTAL AGREEMENT
DETERMINATION
A.G. Contract No. P001-2015-003672 (BPS 2015-187), an Agreement between public
agencies, Arizona Department of Public Safety and the Maricopa County Sheriffs Office, has
been reviewed pursuant to A.R.S. § 11-952, as amended, by the undersigned Assistant Attorney
General, who has determined that it is in the proper form and is within the powers and authority
granted to the State of Arizona.
No opinion is expressed as to the authority of the remaining Parties, other than the State
or its agencies, to enter into said Agreement.
DATE CI- h. c ,2015.
MARK BRNOVICH
Attorney General
BRIAN D. SCHNEIDER
Assistant Attorney General
1275 WEST WASHINGTON, PHOENIX, AZ 85007 • WWW.AZAG.GOV
602.542.1680 • BRIAN.SCHNEIDER@AZAG.GOV

2015- Ia --)
A. G. CONTRACT NO. P001-,26ic DPS CONTRACT NO.
INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY
BY AND THROUGH THE MARICOPA COUNTY SHERIFF'S OFFICE
AND THE ARIZONA DEPARTMENT OF PUBLIC SAFETY
REGARDING JAIL WAGON
PRISONER TRANSPORT SERVICE
C-50-16-046-M-00
This INTERGOVERNMENTAL AGREEMENT (IGA) is entered into by and between MARICOPA
COUNTY, a political subdivision of the State of Arizona administered by and through the Maricopa
County SHERIFF'S OFFICE ("MCSO") and the STATE OF ARIZONA through its DEPARTMENT OF
PUBLIC SAFETY ("DPS") collectively referred to as the "Parties".
WHEREAS; MCSO operates a prisoner transport pick up service via shuttle van, "Jail Wagon"
to designated areas in Maricopa County for the purpose of transporting arrestees to the Sheriffs 4th
Avenue Jail Intake Facility in downtown Phoenix for booking.
WHEREAS; the Arizona Department of Public Safety Law Enforcement Troopers currently transport
individuals as they are arrested to the Maricopa County 4 th Avenue Jail Intake facility located in
downtown Phoenix,
WHEREAS; the Jail Wagon generally has seats for additional passengers and there is capacity for
additional passengers,
WHEREAS; a cooperative agreement between the DPS and Maricopa County on behalf of the Sheriffs
Office would benefit the DPS and enhance public safety by allowing Troopers to remain in the field,
NOW THEREFORE, pursuant to A.R.S. §11-952, the undersigned Parties do hereby agree as
follows:
PURPOSE
This Intergovernmental agreement ("Agreement") allows the transfer of prisoners arrested by
DPS Troopers to MCSO Detention Officers for the purpose of transport to the Maricopa County Jail
Intake facility at 4th Avenue Jail in Phoenix, Arizona for booking.
OBLIGATIONS OF THE PARTIES
1. DPS responsibilities and obligations prior to Prisoner Transfer for Transport
1.1 Troopers shall complete and print the required paperwork and items detailed in section
1.10 below.
1.2 Troopers shall ensure the prisoner has been searched and all property removed
from them. If the prisoner is a female, a female officer must search the prisoner
prior to turning the prisoner over to MCSO if possible.
1.3 Troopers shall not seal the property bag.
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1.4 Troopers shall not seal the money envelope until after the amount has been verified by
the MCSO Officer.
I. If the prisoner does not have property and/or money, a property bag and money
envelope are still required indicating such.
MCSO will not accept any denominations larger than a $50 bill.
1.5 Troopers will permit prisoners to keep a piece of paper with telephone numbers
on it to help them arrange for bail. This should be completed prior to placing any
cell phones in the prisoner's property bag.
1.6 Troopers will ensure that no prohibited items are placed in the property bags.
1.7 DPS Troopers will transport prisoners to an authorized pickup
location where prisoners will be picked up by MCSO.
Authorized locations include: Knutson; Youngtown; and Deer Valley.
1.8 DPS may not transfer for transport Prisoners with any of the following conditions:
i. Prisoners who are suicidal
ii. Female prisoners who appear or state they are pregnant
iii. Juvenile prisoners
iv. Prisoners with high blood pressure
v. Prisoners with obvious signs of trauma
vi. Prisoners with open sores or bruises
vii. Prisoners who are unable to answer simple questions
viii. Prisoners displaying severe intoxication (must be able to walk unassisted)
ix. Prisoners who are belligerent or combative
x. Prisoners who have been in custody over 12 hours
xi. Prisoners who are injured are required to have documentation clearing them
from the care of a physician.
1.9 Once DPS Troopers have arrived at the authorized pick up location, DPS
Troopers are responsible for contacting DPS OPCOMM and advising them to
contact MCSO for a Jail Wagon prisoner pickup.
DPS OPCOMM shall contact MCSO at 602-876-1030 and request the Jail
Wagon.
1.10 DPS Troopers will have the following items for each prisoner transfer
I. Pre Booking form printed off
ii. Victim's Rights Notification form
iii. Form 4 completed
iv. Property form completed and placed in property bag
v. Money Envelope*
vi. Warrant printed and signed off if applicable
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*Money Envelope will not be sealed until amount reported by Trooper/Officer is verified
by MCSO Officer
1.11 DPS Troopers will secure prisoners as outlined in G.O. 4.1.70 Prisoner
Transportation and Security until MCSO takes custody of them.
1.12 DPS Troopers will complete and sign prisoner transfer for transport receipt
presented by MCSO for each prisoner. See Attachment A.
2. DPS responsibilities after the transfer of prisoners.
2.1 DPS will ensure Form 4's are picked up daily Monday through Friday from MCSO
Intake and placed in the squad box of the arresting Trooper.
2.2 The arresting Trooper may contact MCSO Intake at 602-876-8136 if they do
not receive the booking number and Form 4 back.
3. MCSO reserves the right not to transport any prisoner for reasons stated below.
3.1 Specific conditions for refusal include the itemized in 1.8 above.
3.2 Unavailability of transportation for unplanned reasons. MCSO will notify DPS.
3.3. Unavailability of transportation for planned operational reasons. MCSO will notify
DPS at least one week in advance of the scheduled dates(s) the Jail Wagon will
be out of service.
4. MCSO will:
4.1. make available the booking number and the Form 4 at the MCSO Intake to DPS
4.2. return prisoner to DPS custody under the following conditions:
i. prisoner does not clear medical at the Detention Facility.
contraband is located on the prisoner at the Detention Facility.
there are any problems with the completion of the pre-booking paperwork.
a. MCSO is not authorized to add to or change any paperwork.
b. MCSO is not authorized to release any prisoner due to
incomplete paperwork.
5. If prisoner needs to be returned to DPS custody:
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5.1 MCSO will contact DPS OPCOMM at extension 2200.
5.2 DPS OPCOMM will contact the arresting Trooper to respond to the
detention facility.
5.3 If the arresting Trooper is not immediately available, OPCOMM will contact
a District Supervisor and have a Trooper assigned to respond to
MCSO to correct the issue.
5.4 MCSO and DPS will make every effort to ensure a timely return of the
prisoner.
6. Payment and Billing
6.1 DPS will pay MCSO $81 for each prisoner transported by the MCSO Jail Wagon.
6.2 There will be no refunds for any DPS prisoners transported regardless of
acceptance status at the 4 th Avenue Jail (section 4.2 above.)
6.3 DPS will process payments to MCSO within 15 days of receipt of MCSO billing
notice. Billing instructions and contact information will be included with the
billing notice.
6.4 For the time period beginning January 14, 2016 through June 30, 2016, DPS will
pre-pay Maricopa County MCSO an initial lump sum amount of $109,512. This
represents the charge to transport 1,352 prisoners at $81 each based on
an estimate of 8 transports per day.
I. On June 30 or as soon as possible thereafter, MCSO will finalize a
six-month reconciliation of actual transports by month which will be
based on trip receipts. (Attachment A.)
DPS will be refunded or billed, whichever case is applicable, by the
8th of July 2016.
6.5 Beginning with FY 2017 MCSO will bill DPS monthly for the actual number of
DPS transports provided in the preceding month.
7. Contacts for procedural aspects of this agreement are:
7.1. MCSO Program: DPS Program:
Lt. Jason Reynolds Captain Peter Borquez
Jail Wagon Commander Highway Patrol Division
Maricopa County Sheriff's Office Arizona Department of Public Safety
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for billing aspects:
7.2 MCSO Finance:
Sheriff's Inmate Billing
MCSO.Billing@MCSO.Maricopa.gov
8. Insurance and Indemnification
8.1 All parties shall maintain (and provide documentation of) insurance, including
general and professional liability insurance for itself and its providers through
commercial insurance or an actuarially sound self-insurance program.
8.2 DPS and MCSO: Professional and general liability insurance will provide
coverage for any and all acts arising out of the work or services performed under
the terms of this Agreement, and shall have a limit of not less than $2,000,000 for
each claim and $4,000,000 for all (aggregate) claims.
8.3 DPS and MCSO: Law Enforcement Liability insurance will provide coverage for
any and all acts arising out of the work or services performed under the terms of
this agreement, and shall have a limit of not less than $5,000,000 for each claim.
8.4 Agreement Each party (as "Indemnitor") agrees to defend, indemnify, and
hold harmless the other party (as "Indemnitee") from and against any and all
claims, losses, liability, costs, or expenses (including reasonable attorney's
fees) (hereinafter collectively referred to as "Claims") arising out of bodily
injury of any person (including death) or property damage, but only to the extent
that such Claims which result in vicarious/derivative liability to the lndemnitee are
caused by the act, omission, negligence, misconduct, or other fault of the
lndemnitor, its officers, officials, agents, employees, or volunteers.
9. Term of the Agreement:
9.1 This Agreement supersedes all previous agreements, oral or otherwise related to
this topic.
9.2 This Agreement is effective January 1, 2016 through June 30, 2021, and upon
the signature of all parties unless terminated, cancelled or extended by written
agreement of the Parties.
10. Termination
10.1 Any party may terminate this Agreement at any time with thirty (30) calendar
days' notice, in writing specifying the termination date. Such notices shall be
given by personal delivery or by certified mail, return receipt requested.
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This Agreement may also be terminated by mutual written agreement of the
parties specifying the termination date and the terms for disposition of property
and, as necessary, submission of required deliverables therein.
10.2. Termination for Default. This Agreement can be terminated in whole or in part
due to the failure of any party to comply with any material obligation, term or
condition of the Agreement.
10.3 Termination for Availability of Funds. The County shall be the sole judge and
authority in determining the availability of funds under the Agreement. The
County shall keep DPS fully informed as to the availability of funds for its Jail
Wagon program. If any action is taken by any state agency, Federal
department or any other agency or instrumentality to suspend, decrease, or
terminate its fiscal obligations under, or in connection with, this Agreement. The
County may amend, suspend, decrease, or terminate its obligations under, or in
connection with, this Agreement. The County shall give written notice of the
effective date of any suspension, amendment, or termination under this Section,
at least ten (10) days in advance.
10.4. Cancellation for Conflict of Interest
Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any
Agreement without penalty or further obligation within three years after execution
of the Agreement, if any person significantly involved in initiating, negotiating,
securing, drafting or creating the Agreement on behalf of the County is at
any time while the Agreement or any extension of the Agreement is in
effect, an employee or agent of any other party to the Agreement in any
capacity or consultant to any other party of the Agreement with respect to
the subject matter of the Agreement. Additionally, pursuant to A.R.S § 38-
511 the County may recoup any fee or commission paid or due to any person
significantly involved in initiating, negotiating, securing, drafting or creating the
Agreement on behalf of the County from any other party to the Agreement
arising as the result of the Agreement.
10.5 Termination for any reason will result in a reconciliation of actual transports up to
date of termination. Based on the reconciliation, amounts owed either party will
be billed and paid within one month of termination.
11. Non-Discrimination:
The Parties shall comply with Executive Order 75-5 as modified by Executive Order 2009-
09, which mandates that all persons, regardless of race, color, religion, sex, age, national origin
or political affiliation, shall have equal access to employment opportunities, and all other
applicable State and Federal employment laws, rules, and regulations, including the
Americans with Disabilities Act. The Parties shall take affirmative action to ensure that
applicants for employment and employees are not discriminated against due to race, creed,
color, religion, sex, national origin or disability.
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12. Records and Right of Inspection:
Under A.R.S. § 35-214 and § 35-215, all parties shall retain all data and other records
("records') relating to the Agreement for a period of five (5) years after the completion of the
Agreement. All records shall be subject to inspection and audit by any party at reasonable
times.
13. No Amendment or Modifications:
No amendment or modification to this Agreement shall be effective unless it is in writing and
signed by an authorized agent of all parties.
14. Relationship of the Parties:
Each party under this Agreement is an independent Contractor. No party to this Agreement
shall be deemed to be the employee or agent of any other party to the Agreement.
15. Severability:
The provisions of this Agreement are capable of being severed if any term or condition is
deemed invalid.
16. Legal Notices:
All notices required or permitted under this Agreement shall be mailed certified mail with return
receipt to the respective parties at the addresses set forth below:
For DPS: For Maricopa County Sheriff's Office:
Director Chief Deputy
Arizona Department of Public Safety Maricopa County Sheriffs Office
2102 W Encanto Blvd 500 W Washington 5 th Floor
Phoenix, AZ 85009 Phoenix, AZ 85003
STATE OF ARIZONA MARICOPA COUNTY BOARD OF
SUPERVISORS
BY: BY:
Date Chairman of the Board Date
/4S C64001r 4 res.
Print Name and Title Print Name
ATTEST: ATTEST:
Date Fran McCarroll, Date
Clerk of the Board
The undersigned counsel:
APPROVE AS TO FORM: APPROVE AS TO FORM:
2-bEdf-5-
Attorney Date Deputy County Attorney Date
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Attachment A.
No: JW-00001 Booking Number
/f available
Prisoner Transport Receipt
MCSO Jail Wagon
(one per prisoner)
MCSO RECEIVING OFFICER:
Date: Mo Day Year Time: hrs. mins.
Drop Off/Pick Up Location: CI Knutson 0 Deer Valley 1:3 Youngtown
0 Other
Other AGENCY TROOPER or OFFICER:
Transferring Agency: 0 DPS El Other:
Transferring Trooper or Officer
Print Name
Serial #:
Signature:
MCSO RECEIVING OFFICER:
Ir ttestation:
have received all the information required for the prisoner named above.
Required Paperwork and Items
Initials
1. Pre Booking form printed off
2. Victim's Rights Notification form
3. Form 4 completed
4. Property form completed in property bag
5. Warrant printed and signed off if applicable or N/A
6. Other
7. Money Envelope:
Amount Reported by Trooper/Officer will be verified
by MCSO Officer prior to sealing the envelope.
MCSO Receiving Officer:
Print Name Signature
serial #:
Date
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