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Home My WebLink AboutRes 2007-03 RESOLUTION NO. 2007-03 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE SUPERIOR COURT OF ARIZONA IN MARICOPA COUNTY FOR JURY MANAGEMENT SERVICES. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Intergovernmental Agreement between the Town of Fountain Hills and the Superior Court of Arizona in Maricopa County for jury management services (the "Agreement") is hereby approved in the form attached hereto as Exhibit A and incorporated herein by this reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to cause the execution of the Agreement. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, March 15, 2007. FOR THE TO N OF FOUNTAIN HILLS: ATTESTED TO: .46tarn W. J. Nichols, ayor Bevelyn J. Be er, wn Clerk REVIEWED BY: APPROVED AS TO FORM: Timothy . P kering, Town Manager AndreWJ. McGu e, Town Attorney L 716316.1 EXHIBIT A TO 1116° RESOLUTION NO. 2007-03 [Intergovernmental Agreement] L L 716316.1 *1444 (fr, low Terry Goddard Office of the Attorney General Attorney General State of Arizona INTERGOVERNMENTAL AGREEMENT DETERMINATION KR0Attorney General Contract No. s w 2 which is an Agreement between public agencies, has been reviewed pursuant to A.R.S.§ 11-952 by the undersigned Assistant Attorney General,who has determined that it is in the proper form and is within the powers granted under the laws of the State of Arizona to those Parties to the Agreement represented by the Attorney General. ElThis agreement does not include a reference to Governor's Executive Order#2005-30. Dated this 'Day of , 20 O� TERRY GODDARD The Attorney General Assistan ttorney General L 384680 K R 0 0 - 0 2 INTERGOVERNMENTAL AGREEMENT FOR JITRY SERVICES (Secretary of State# ,Filed ) THIS AGREEMENT MADE AND ENTERED INTO THIS /4 day of Mar., 200,, .y the Town of Fountain Hills,Fountain Hills Municipal Court, and the Superior Court of Arizona in Maricopa County(Superior Court). WITNES SETH: WHEREAS the parties have the authority to enter into this Agreement pursuant to A.R.S. §11-952 (L) et seq.; WHEREAS the Town of Fountain Hills desires to use the services of Superior Court in providing jurors for Town of Fountain Hills Municipal Court; and WHEREAS Superior Court agrees to provide the desired services on the terms and conditions hereinafter set forth. IT IS MUTUALLY AGREED AS FOLLOWED: (1) That Superior Court will identify the potential jurors for Fountain Hills Municipal Court through the creation of a source file of names taken from the General Election Voter Registration Lists and the Department of Transportation. Superior Court shall provide the list of potential jurors to Fountain Hills Municipal Court upon request, and Fountain Hills Municipal Court will pay Superior Court a fee to be determined by Superior Court based on the actual costs of labor and materials to generate and deliver said list. (2) That Fountain Hills Municipal Court agrees that all information accessed by employees of Fountain Hills Municipal Court using any automated jury management system provided by Superior Court shall be kept strictly confidential and used exclusively for jury management purposes. Fountain Hills Municipal Court further agrees to comply with the Minimum Accounting Standards and Generally Accepted Accounting Principles related to financial transactions involving jurors. 1 (3) This Agreement will remain in effect from July 1, 2005, until June 30, 2010, for an initial five-year period. The parties may renew this Agreement in writing for five(5) one-year terms beginning each year on July 1, 2010 and ending June 30, 2015. In order to renew this Agreement the Fountain Hills Municipal Court must give a written notice of intent to renew to the Superior Court no later than May 14, 2010, and no later than May 14 prior to each one-year renewal term thereafter. On receipt of the Notice of Intent to Renew,the Superior Court will inform the Fountain Hills Municipal Court by letter of proposed terms and conditions for the renewal. The Fountain Hills Municipal Court will either accept or reject those terms and conditions in writing. Unless these terms and conditions are accepted or the parties negotiate compromise terms and conditions, this Agreement will terminate on June 30, 2010 and June 30 every year thereafter. Any amendments have to be in writing and must comply with A.R.S. §11- 952. Upon termination, all property used in performance of this agreement shall be retained by the party owning the property or entitled to its possession. (4) Either party may terminate this Agreement by giving written notice of not less than one hundred eighty(180) days to the other party. (5) Pursuant to A.R.S. §35-214, both parties shall retain and shall contractually require each subcontractor to retain all data, books and other records ("records")relating to this IGA for a period of five years after completion of the IGA. All records shall be subject to inspection and audit by the State of Arizona at reasonable times. Upon request,the parties shall provide the original or a legible copy of any or all such records. The parties will comply with A.R.S. §35-214 with respect to retention and production of records for audit for a period of five years after the Lie completion of the Agreement. (6) The Fountain Hills Municipal Court shall comply with all applicable state and federal laws. (7) Every payment and performance obligation of the Superior Court under this IGA is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuances of this IGA,this IGA may be terminated by the Superior Court. In the event this provision is exercised,the Superior Court shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. If this Agreement is terminated under the provisions of this paragraph,the time limits of paragraph 8 will not apply. (7 The parties hereto recognize that the continuation of this Agreement after the close of any given fiscal year of the Town of Fountain Hills is subject to the approval of the budget of the Town of Fountain Hills providing an appropriation covering this item as an expenditure therein. Town of Fountain Hills does not represent that the aforementioned budget item will actually be adopted, since such a budgetary determination is solely that of the of Fountain Hills Town Council at the time of the adoption of the budget. Town of Fountain Hills's fiscal years end on June 30 of each year. If funds are not allocated and available for the continuances of this IGA,this IGA may be L 2 terminated by the Town of Fountain Hills by giving written notice of not less than sixty(60)days IOW to the other party. In the event this provision is exercised,the Town of Fountain Hills shall not be obligated or liable for any costs incurred by Superior Court related to this Agreement after the expiration of the notice period. (q) . The Fountain Hills Municipal Court shall comply with Executive Order 99-4, 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 Fountain Hills Municipal Court 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. (0) •►' INDEMNIFICATION AND INSURANCE: Each party (as "Indemnitor") agrees to indemnify, defend, 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 Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. `S,i ci The parties to this IGA agree to resolve all disputes arising out of or relating to this GA through arbitration, after exhausting applicable administrative review,to the extent required by A.R.S. §12-1518 except as may be required by other applicable statues or rules. '." Pursuant to A.R.S. §38-511, the State of Arizona, its political subdivisions or any epartment or agency of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the State, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating,negotiating, securing, drafting or creating the IGA on behalf of the State, its political subdivisions, or any of the departments or agencies of either is, at any time while the IGA or any extension of the IGA is in effect, an employee or agent of any party to the contract in any capacity or a consultant to any other party of the IGA with respect to the subject matter of the IGA. A cancellation made pursuant to this provision by a party shall be effective when the other party receives written notice of the cancellation unless the notice specifies a later time. IN WITNESS WHEREOF, said parties have duly executed this Agreement the day and year first above written. L 3 J , ,, Presiding Judge, Trial Courts of 11 Arizona in Maricopa County f 7Z-------- Presiding Judge, F tain Hills Municipal Court OJIlT By: Fountain Hills Town Attorney Ler