IGA with Tohono O'oodham Nation
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INTERGOVERNMENTAL AGREEMENT FOR DETENTION SERVICES
BETWEEN THE CITY OF GLENDALE AND
THE TOHONO O’ODHAM NATION
THIS AGREEMENT, effective as of last date signed by the parties, by and between the City of
Glendale (“Glendale”) and the Tohono O’odham Nation (“Nation”); and
WHEREAS, Glendale, through the Glendale Police Department, provides police protection
services for the City of Glendale, Arizona, and owns, maintains and contracts for detention
facilities for the incarceration of its prisoners; and
WHEREAS, Nation does not have the facilities to provide prisoner detention, and wishes to enter
into an Intergovernmental Agreement with Glendale whereby the Glendale Police Department and
members of their staff will furnish to Nation certain detention services; and
WHEREAS, Nation wishes to contract with Glendale for the performance of hereinafter described
detention services by Glendale through the Glendale Police Department thereof; and
WHEREAS, Glendale by virtue of and pursuant to the provisions of A.R.S § 11-951, et seq.,
and A.R.S § 13-3871, et seq., and Nation, by virtue of and pursuant to the authority contained
under the Tohono O'odham Constitution, Article VI, Section 1(f) and Section 1.3 of Nation's
Criminal Code, do hereby enter into this Agreement in order to more efficiently and
economically facilitate their capabilities to provide for the maximum amount of protection
for public health, safety and welfare of their citizens; and
NOW, THEREFORE, in consideration of the usual covenants contained herein, Glendale and
Nation agree as follows:
1.
DETENTION SERVICES. Glendale through the Glendale Police Department
agrees to receive Nation arrestees for booking, detention, and incarceration. Glendale will supply
safekeeping, care and maintenance of persons arrested by Nation and booked into the Glendale
Detention Facility at a rate of $251.90 per inmate per day. If a Nation arrestee is ordered to serve
more than 48 hours in Glendale, Glendale Police Department may transport Nation arrestees to a
Maricopa County facility, and Nation agrees to pay all costs imposed by Maricopa County for such
arrestee. In furtherance of their duties and responsibilities contained in this Agreement, Glendale
and Glendale Police Department will provide, inter alia, the facilities, personnel, and other
necessary items to fulfill duties and responsibilities as set forth herein. In addition, Glendale will
notify victims of arrestees’ release from Glendale. Detention services are subject to availability
and Glendale reserves the right to refuse Nation arrestees for any reason including but not limited
to capacity.
1.1
PRISONER TRANSPORT. Nation shall be responsible for transporting
prisoners to the Glendale Detention Facility. In the event that the Nation is
unable to transport prisoners to the Glendale Detention Facility, Nation may
request the Glendale Police Department to transport the prisoners at a cost
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of fifty dollars ($50.00) per transport from Nation property at 9431 W.
Northern Avenue, Glendale, Arizona 85305 and a cost of seventy-five
dollars ($75.00) from the Nation property located at 8200 N. Sarival
Avenue, Waddell, Arizona.
2.
ADDITIONAL SERVICES. During the term of this Agreement, if Nation desires
additional services, Nation will notify Glendale of the additional services desired by Nation, and
Glendale will consider the request from Nation. Should Glendale and Nation reach an agreement
with respect of such additional detention services and the cost thereof, then Glendale and Nation
shall adopt respective resolutions approving the additional services to be performed by Glendale
Police Department and the cost thereof to be paid by Nation to Glendale. Glendale has no
obligation to accept any request for additional services from Nation.
3.
TERMS OF AGREEMENT. Either party may terminate this Agreement by notice
in writing to the other party of not less than ninety (90) calendar days prior to the date of such
termination.
3.1
Nation agrees to pay Glendale the rates as set forth in Sections 1 and 2 above
for the services provided. Prisoners will not serve time longer than 48 hours
consecutively in the Glendale Detention Facility. The rates will not be
subject to change during the period of this Agreement except as provided
for in Section 3.3 or 8 below or for additional services pursuant to Section
2 above. It is further agreed that the number of prisoner or incarceration
days, i.e., the total period of time that a prisoner is incarcerated in the jail as
further defined in Section 3.4 below, will be submitted to Nation by
Glendale on a monthly basis.
3.2
The term of this Agreement shall be for three (3) years, commencing on July
1, 2024, and ending on June 30, 2027 (initial term). Unless terminated in
accordance with Section 4 of this Agreement, this Agreement may be
renewed upon its expiration for two additional one (1) year terms by the
mutual written agreement of the City of Glendale Police Chief and Nation’s
Police Chief.
3.3
If during the term of this Agreement, or an extension thereof, Glendale
establishes new rates, Nation shall continue to pay the previous per diem
rate for a period of ninety (90) days, during which time Nation and Glendale
shall renegotiate the terms of this Agreement. If, at the end of ninety (90)
days, a new agreement has not been reached, Nation shall be responsible
under the terms of this Agreement for payment at the new rates for those
Nation prisoners then in the care and custody of Glendale Police
Department.
3.4
Nation understands and agrees that the calculation of the number of days a
prisoner is incarcerated will include the first day of a Nation prisoner’s
incarceration, or any part of that day. The final days of incarceration shall
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not be included in the calculation unless the first and last day of a Nation
prisoner’s incarceration coincides. For the purpose of this Agreement, a
prisoner or incarceration day will begin at 12:00 p.m., and end the
following day at 11:59 a.m. The minimum billing for a Nation prisoner who
is booked into the Glendale Detention Facility is one (1) day.
3.5
All charges, costs, fees, expenses, and/or financial responsibilities under
this Agreement, will be paid by Nation within sixty (60) calendar days of
billing from Glendale. Failure to pay within sixty (60) days of billing may
result in cancellation of this Agreement at the sole discretion of Glendale
without further notice.
3.6
Nation and Glendale may audit each other’s records pertaining to Nation
prisoners maintained by Glendale Police Department pursuant to the terms
of this Agreement. Each party, prior to conducting an audit, must give thirty
(30) days’ notice to the other party. If, as a result of this audit, the fees,
charges or other billable items as discussed in this Agreement are in excess
or understated, then appropriate adjustments are to be made, and Nation
agrees to pay Glendale the amount due on the next monthly billing or
Glendale shall credit the amount due to Nation upon the next monthly
billing until the adjusted amount is balanced, whichever is appropriate.
3.7
Nation and Glendale agree that each shall use their best efforts to cooperate
with each other; in sharing information in order to reduce delay, duplication
of effort and data; and attempt to reduce the cost of booking, detention,
incarceration, and court services of prisoners in the Glendale Detention
Facility.
4.
STANDARD OF TREATMENT. Nation prisoners will be held in the same manner
as Glendale prisoners. Male and female prisoners will be segregated according to law. Nation
prisoners will not be permitted to leave the Glendale Detention Facility for any reason except when
authorized by law. No person confined in the Glendale Detention Facility shall be subjected to
discrimination in any manner or form because of race, color, sex, religion, age, handicap, or
national origin. Nation prisoners will be subject to the same rules and regulations as Glendale
prisoners. Nation prisoners may consult with attorneys and have the same privileges as Glendale
prisoners.
5.
MEDICAL CARE AND TREATMENT.
5.1
Pre-incarceration Medical Care & Treatment of Nation Prisoners. Nation
understands that it is ultimately responsible for transporting arrestees to
obtain pre-incarceration medical treatment. Glendale will not assume, and
Nation holds Glendale harmless for, any financial responsibility for
providing medical care and treatment of Nation prisoners prior to their being
incarcerated in the Glendale Detention Facility (or following incarceration
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as stated in Section 5.2). Glendale Police Department reserves the right to
refuse any Nation arrestees based on medical or psychiatric reasons.
5.2
Medical Care & Treatment of Nation Prisoners During Incarceration. After
a Nation prisoner is incarcerated in the Glendale Detention Facility,
Glendale Police Department will arrange for medical care and treatment to
Nation prisoners in the same manner as all Glendale prisoners. Nation
Police Department will be responsible for the escorting of Nation arrestees
to the proper medical facility. Nation is financially responsible for any and
all medical care and treatment incurred by Nation prisoners incarcerated in
Glendale facilities. The assumption of financial responsibility under this
Section is intended solely to allocate responsibility as between Nation and
Glendale; it is not intended to, nor does it, relieve any prisoner or other third
party of liability for such medical care and treatment. However, Glendale
will assume financial responsibility for the medical care and treatment of a
Nation prisoner made necessary by the negligent or intentional conduct of
Glendale, its employees, or agents, unless Nation’s negligent or intentional
conduct also caused the need for medical care and treatment of a Nation
prisoner, in which case financial responsibility is apportioned between
Glendale and Nation according to their respective liability.
Glendale will notify Nation of any medical care and treatment prior to
incurring the same, unless emergency care is required and such prior notice
is not feasible. If emergency treatment is necessary, Glendale shall secure
such necessary special medical care and treatment, including hospital
services, without prior notice to Nation but shall notify Nation at the earliest
practical time.
Notice of medical care and treatment under this Section 5.2 may be given
verbally, either in person or by telephone, and Nation’s decision to retain
custody, or release the prisoner from custody, may be given verbally, in
person by a law enforcement officer of Nation who exhibits a valid
identification card or fax or teletype to the Glendale Police Department. If
fax or teletype is used then Nation’s decision must be communicated on an
official document of Nation. Verbal notice under this paragraph shall be
confirmed in writing by the parties delivered personally to the recipient
within twenty-four (24) hours of the original verbal communication or, in
cases involving Nation holidays, within twenty-four (24) hours of the last
day of the holiday period.
Written notice of medical care and treatment shall be given to:
Nation
Glendale
Chief of Police
Chief of Police
Nation Police Department
Glendale Police Department
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P.O. Box 830
6835 N. 57th Drive
Sells, Arizona 85634
Glendale, Arizona 85301
Charges to Nation by Glendale for medical care and treatment shall be
treated separately and shall constitute a separate and additional fee or
expense, and Nation will promptly pay the charges upon receipt of a bill,
invoice or other statement containing the charges, unless otherwise
specified in this Agreement. More specifically, Nation agrees that, in the
event that a Nation prisoner receives medical treatment, Nation will be
responsible for all costs incurred for such care and treatment of Nation
prisoner, unless otherwise specified in this Agreement.
6.
INSURANCE. The parties hereto agree to secure and maintain insurance coverage
for any and all risks which may arise out of the terms, obligations, operations, and actions as set
forth in this Agreement including, but not limited to, public entity insurance. This insurance may
be fulfilled by acquisition of insurance or the maintenance and operation of a self-insurance
program. Insurance maintained by the parties to this Agreement must contain provisions whereby
the other party to this Agreement is provided with a certificate of insurance/self-insurance.
7.
APPLICABLE LAW. This Agreement is to be construed according to the Law of
the State of Arizona.
8.
AMENDMENTS. The parties understand and specifically agree that the terms of
this Agreement may be amended from time to time only upon written mutual agreement by each
party and that such amendments are to be integrated into this Agreement.
9.
INTEGRATION. This Agreement is the sole understanding and agreement by the
parties hereto and supersedes any other written and/or oral agreement relative to the subject matter
of this Agreement.
10.
FACILITIES AND PERSONNEL. All personnel affected by this Agreement will
continue to be employed and supervised by their respective agency. All facilities and equipment
will continue to be controlled by the agency of original origin.
Glendale Police Department agrees to supply Nation Police Department with twenty-four (24)
hour access to the Glendale Detention Facility. Glendale Police Department agrees to furnish
Nation Police Department with sufficient number of magnetic security access cards to facilitate
access at a cost of $8.00 per card. Once purchased, these cards become the property of Nation.
Nation agrees to maintain records of cards’ issuance, and agrees to notify Glendale Police
Department immediately of any lost or stolen magnetic security access cards.
The personnel of Glendale Police Department and Nation Police Department will not for any
purpose be considered employees or agents of the other entity. The parties assume full
responsibility for the actions of their own personnel while performing services under this
Agreement, and shall be solely responsible for their supervision, daily direction and control,
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payment of salary (including withholding income taxes and social security), worker’s
compensation and disability benefits.
11.
INDEMNITY BY NATION. Nation, to the extent permitted by law, agrees to
indemnify and save harmless Glendale, or any of its departments, agencies, elected officials,
officers or employees, from and against all loss, expense, damage or claim of any nature
whatsoever which is caused by any activity, condition, or event arising out of the performance of
the provisions of this Agreement. Glendale shall in all instances be indemnified against all
liability, losses, or damages of any nature for or on account of any injuries to or death of persons
or damages to or destruction of property arising out of or in any way connected with the
performance of this Agreement, except when such injury or damages shall have been by the
negligence or intentional conduct of Glendale.
12.
INDEMNITY BY GLENDALE.
12.1
Glendale, to the extent permitted by law, agrees to indemnify and save
harmless Nation, or any of its departments, agencies, elected officials,
officers or employees, from and against all loss, expense, damage, or claim
of any nature whatsoever which is caused by any activity, condition, or
event arising out of the performance of the provisions of this Agreement.
Nation shall in all instances be indemnified against all liability, losses, or
damages of any nature for or on account of any injuries to or death of
persons or damages to or destruction of property arising out of or in any way
connected with the performance of this Agreement, except when such injury
or damages shall have been by the negligence or intentional conduct of
Nation or any of its departments, agencies, elected officials, officers or
employees.
12.2
Glendale acknowledges that it will retain complete and exclusive control
over the operation of the court facilities, jail, conditions of incarceration,
number of inmates incarcerated and maintenance of the jail. Glendale
agrees specifically to indemnify Nation against all liability, losses,
damages, costs, attorney’s fees or claims of any nature arising out of any
claim by inmates of the jail alleging violation of their civil or constitutional
rights due to conditions of incarceration or acts by Glendale, its
departments, agencies, officers and employees in the operation of the jail.
13.
ATTORNEY’S FEES. In the event of any litigation or other proceeding concerning
this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and
costs.
14.
CONFLICTS OF INTEREST. This Agreement may be cancelled for conflict of
interest by either party in accordance with A.R.S. § 38-511.
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15.
JURISDICTION. Except as specifically provided in this Agreement, nothing in
this Agreement shall be construed to cede any jurisdiction of either party or to waive any
immunities from suit or any other immunity possessed by a party.
[SIGNATURES ON THE FOLLOWING PAGE]
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IN WITNESS WHEREOF, this Agreement has been executed and approved by the parties and
persons whose signatures appear below.
TOHONO O'ODHAM NATION
CITY OF GLENDALE, a political
subdivision of the State of Arizona
By: ________________________________
By: ______________________________
Verlon M. Jose
Kevin R. Phelps
Chairman
City Manager
Date: ______________________________
Date: ____________________________
ATTEST:
By: ______________________________
Julie K. Bower
City Clerk
Date: ____________________________
APPROVED AS TO FORM:
APPROVED AS TO FORM:
___________________________________
_________________________________
Howard Shanker
Michael D. Bailey
Attorney General
City Attorney
Tohono O’odham Nation
City of Glendale