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INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
THE MARICOPA COUNTY SPECIAL HEALTH CARE DISTRICT
1. Parties. This Intergovernmental Agreement (IGA) is between Maricopa County (County)
and the Maricopa County Special Health Care District (District). The parties are authorized
to enter into this IGA by A.R.S. Section 11-952.
2. Term and Renewal Option. This IGA shall be effective upon its approval and execution by
the County and District and shall continue in effect until the earlier of (i) its termination
pursuant to the Section 5 of this IGA, or (ii) December 31, 2020. As of December 31, 2020,
the District and County agree that this IGA may be extended for four (4) additional one (1)
year terms each, upon the mutual agreement of both parties.
3. Purpose. The purpose of this IGA is to memorialize the understandings of the parties and
the undertaking by the District regarding court-ordered evaluations by the District of persons
held in custody of the Maricopa County Sheriff's Office (MCSO) (Inmates). This IGA is
intended to address recent safety concerns raised by the District regarding evaluation of
Inmates; this IGA does not apply to the evaluation by the District of persons who have been
released on their own recognizance or against whom criminal charges have been dismissed;
evaluations of those persons by the District are expected to continue as in-patient evaluations
at District facilities.
4. Financing, Budget, and Operative Provisions. The parties hereby agree as follows:
4.1. Each party shall be responsible for its respective costs of performing any acts
contemplated by this IGA, and for recording and authorizing in their respective budgets
any funds used to perform the acts contemplated in this IGA.
4.2. The evaluations of Inmates will take place once a week on a regularly scheduled
date/time at the District's Desert Vista campus (Currently the regular date and time is
each Wednesday at 2:00 p.m. Arizona time; the parties may amend the date or time in a
writing signed by both parties). If a legal holiday falls on a Wednesday, the evaluations
will take place on the following Thursday.
4.3. When submitting an application for evaluation of an Inmate, the County shall timely
prepare and include documentation and a checklist of criteria regarding the Inmate and
shall include the initial health assessment, a physical examination or documentation of
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the Inmate's refusal of such examination, diagnostic laboratory testing results or
documentation of the Inmate's refusal to undergo testing, psychiatric evaluation, and
pertinent medical, psychiatric, and mental health progress notes, to be used by the
District in completing the evaluation.
4.4. All Petitions for Court Ordered Evaluations will be prepared by the agency under
contract with the Regional Behavioral Health Authority to provide this service and will
flow through the designated psychiatric urgent care center for initial court-ordered
evaluation screening as required by statute prior to Inmate being transferred to the
District's Desert Vista Campus for evaluation.
4.5. The County will perform further laboratory or other medical tests on a case-by-case
basis, upon request from a District doctor, to rule out medical causes of behaviors; if the
Inmate refuses to permit testing, the County will maintain appropriate documentation of
the refusal.
4.6. Evaluation of Inmates in District Facility. The County will require MCSO detention
officers (detention officers) to transport the Inmate for evaluation when such evaluation
takes place at the District's Desert Vista campus. The County will require that the
detention officers remain with the Inmate during evaluation and during any subsequent
hearings regarding the evaluation of the Inmate at the District's Desert Vista campus.
The County will provide for detention officers to return the Inmate from the District's
facility to the Inmate's place of incarceration or custody upon completion of the
evaluation or hearing.
4.7. Evaluation and Treatment of Inmates in County Facility. The parties contemplate that in
rare instances the evaluation of an Inmate in a County detention facility would be more
appropriate than evaluation in a District facility. The parties agree to work in good faith
to establish criteria for determining whether an evaluation shall take place in a County
facility. The Inmate will remain in the custody of the County's detention staff during any
out-patient evaluation. Detention of the Inmate during the process of an out-patient
evaluation is not the responsibility of the District.
4.8. The process set out in this IGA shall apply regardless of whether the Inmate is currently
in the process of competency determination pursuant to Rule 11 of the Arizona Rules of
Criminal Procedure.
4.9. Notwithstanding any other provision in this IGA to the contrary, the District shall not
have an obligation to evaluate an Inmate or admit an Inmate to the District's Desert
Vista campus if the County has failed to perform the provisions set out in Section 4.6
(which require that MCSO detention officers shall transport and accompany Inmates for
and during evaluations and subsequent hearings) with respect to such Inmate.
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5. Termination; Disposal of Property. This IGA may be terminated:
5.1. Upon the written agreement of both parties, or
5.2. Upon one party's breach of this IGA, if such breach is not cured within thirty (30) days
of written notice from the non-breaching party; such notice shall include a description of
the breach and the non-breaching party's statement that it intends to teiminate this IGA
because of the breach.
5.3. By either party without cause upon not less than one-hundred eighty (180) days prior
written notice; provided, however, that the District may not exercise its right to terminate
the IGA pursuant to this Section 5.3 unless the District no longer has, on the effective
date of such termination, an agreement with the Regional Behavioral Health Authority
(RBHA) for the geographic area including Maricopa County, to provide mental health
evaluations.
5.4 Upon termination, each party shall retain ownership of its respective property used in
performing this IGA; no transfer of property between the parties is contemplated by this
IGA.
6. Representations. Warranties and Covenants of District. The District represents and
warrants to the County as follows:
6.1. Organization and Standing. The District is a tax-levying special health care district
organized and operating pursuant to Arizona Revised Statutes Title 48, Chapter 31, and
has full power and authority to execute and deliver this IGA and any other documents
that might be necessary to carry out the transactions contemplated hereby.
6.2. Authority. The execution, delivery and performance by the District of this IGA, the
fulfillment of and compliance with the respective terms and provisions hereof, and the
consummation by the District of the transaction contemplated hereby have been duly
authorized by the District's Board of Directors (which authorization has not been
modified or rescinded and is in full force and effect). No other action of the District is
necessary for the District to enter into this IGA and all other documents contemplated
hereby and to consummate the transaction contemplated hereby.
6.3. Binding Obligation. This IGA, when executed and delivered in accordance with the
provisions hereof, shall be valid and binding obligations of the District, enforceable in
accordance with the respective terms hereof.
7. Representations and Warranties of County. The County represents and warrants to the
District as follows:
7.1. Organization and Standing. The County is a political subdivision of the State of
Arizona. The County has full power to execute and deliver this IGA and any other
documents that might be necessary to carry out the transactions contemplated hereby.
7.2. Authority. The execution, delivery and performance by the County of this IGA, the
fulfillment of and the compliance with the respective terms and provisions thereof, and
the consummation by the County of the transactions contemplated hereby have been
duly authorized by the County Board of Supervisors (which authorization has not been
modified or rescinded and is in full force and effect). No other action of the County is
necessary for the County to enter into this IGA and all other documents contemplated
hereby to consummate the transaction contemplated hereby.
7.3. Binding Obligation. This IGA, when executed and delivered in accordance with the
provisions hereof, shall be valid and binding obligations of the County, enforceable in
accordance with the respective terms hereof
8. Assignment and Subcontracting. No rights, liability, obligations, or duties under this IGA
may be assigned, delegated, or subcontracted without the prior written approval of the other
party.
9. Specific Performance; Remedies; Attorney's Fees. Notwithstanding any other provision
of this Agreement, if either party breaches this Agreement, the non-breaching party, at its
option and following notice and opportunity to cure the same as provided in Section 5 of this
Agreement, may commence an action for specific performance to enforce the terms of this
Agreement. Expression of this remedy of specific performance is not intended to preclude
the availability of any other remedy. In addition to any available remedies, costs and
attorney's fees relating to enforcement of this Agreement may be recovered.
10. Integration. This IGA constitutes the entire agreement between the parties with regard to
the undertakings contained herein.
11. No Third party Beneficiaries. Nothing in this IGA will confer any rights, remedies,
obligations, or liabilities upon any person other than the parties.
12. Counterparts. This IGA may be executed in two or more counterparts, each of which shall
be deemed an original and when taken together shall constitute one agreement.
13. Indemnification. Each party (as "indemnitor") agrees to indemnify, defend, and hold
harmless the other party ("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 the negligent performance of this IGA, but only to the extent that
such claims which result in vicarious/derivative liability to the indemnitee are caused by the
act, omission, negligence, misconduct, or other fault of the indemnitor, its officer, officials,
agents, employees, or volunteers.
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14. Independent Contractor. The parties acknowledge that nothing contained in this IGA shall
create any partnership, joint venture, or agency relationship between the parties. Each party
shall be considered an independent contractor with respect to the other.
15. Severability. If any provision of this IGA is held invalid or unenforceable, the remaining
provisions shall continue valid and enforceable to the full extent permitted by law.
16. Compliance with Law. The County and the District shall comply with all applicable
statutes, laws, regulations, rules and professional standards. To the extent that any term or
provision of this IGA is not in compliance with any such applicable statutes, laws,
regulations, rules or professional standards, the County and the District shall negotiate in
good faith to amend such term or provision so as to prevent or eliminate any such failure to
comply.
17. Conflict of Interest. This IGA may be cancelled in accordance with A.R.S. § 38-511, if
within three (3) years of its execution, any person significantly involved in the initiating,
negotiating, securing, drafting or creation of this IGA becomes an employee or agent of the
other party to the IGA in any capacity or a consultant to the other party with respect to the
subject matter of this IGA.
18. Notice. All notices or demands upon any party relating to this IGA shall be in writing and
shall be delivered in person or sent by mail addressed as follows:
County: Maricopa County
301 W. Jefferson, 10th Floor
Phoenix AZ 85007
District: Maricopa County Special Health Care District
2601 East Roosevelt
Phoenix AZ 85008
19. Entire Agreement. This IGA constitute the entire agreement and understanding of the
parties with respect to the subject matter hereof.
20. Amendment. This IGA may not be amended, modified, extended or renewed except in
writing executed by the County and the District.
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21. Additional Acts and Documents. Each party hereto agrees to do all such things and take all
such actions, and to make, execute and deliver such other documents and instruments, as
shall be reasonably requested to carry out the provisions, intent and purpose of this IGA.
IN WITNESS WHEREOF, the parties have executed this IGA the day and year first above
written.
MARICOPA COUNTY, a political MARICOPA COUNTY SPECIAL
subdivision of the State of Arizona HEALTH CARE DISTRICT, a tax-levying
("County") special health care district of the State of
Arizona ("District")
By:
Steve Chucri, Chairman
Maricopa County Board of Supervisors NameTt'-' ficince_ 11-1 , IIIc-IM-01-0
Title aCkm- incurI bOckg 6-0 bk.
ATTEST: ATTEST:
Clerk of the Board Clerk of the Board
APPROVED AS TO FORM: APPROVED AS TO FORM:
MARICOPA COUNTY ATTORNEY
Deputy County Attorney
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