HomeMy WebLinkAboutRes 2012-26RESOLUTION NO. 2012-26
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING THE SECOND AMENDMENT TO
THE 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:
SEECTION 1. Tile Second Amendment to the Intergovernmental Agreement between the
Town of Fountain Hills (the "Town ") and the Superior Court of Arizona in Maricopa County for
jury management services (the "First Amendment "), is hereby approved in substantially the form
attached hereto as Exhibit A and incorporated herein by reference.
SECTION 2. The Mayor, the Town. Manager, the Town Clerk, the Town Presiding
Judge and the Town Attorney are hereby authorized and directed to cause the execution of the
First Amendment and to take all steps necessary to carry out the purpose and intent of this
Resolution_
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, August 16, 2012.
FOR THE TOWN OF FOUNTAIN HILLS:
Aida K• va gh, Mayor
REVIEWED BY:
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Ken Buchanan, Town Manager
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ATTESTED TO:
TT�wn Clerk
APPROVED AS TO FORM:
OJAL=:::�
Andrew J. McGuire, Town Attorney
AMENDMENT
TO INTERGOVERNMENTAL AGREEMENT
FOR JURY SERVICES
On or about March 15, 2007, the Town of Fountain Hills, Town of Fountain Hills
Municipal Court, and the Superior Court of Arizona in Maricopa County entered into an
intergovernmental agreement for Jury Services ("IGA') (a copy of which is attached).
The initial term of the agreement was through June 30, 2010, with five one -year
renewals.
Pursuant to paragraph 3 of the IGA, the parties may renew this agreement for an
additional one -year term, commencing the first day of July, 2010 with future requests for
one -year terms through June 30, 2015. The parties agreed via correspondence to
renew the IGA for a one -year period from July 1, 2010 through June 30, 2011, and by
IGA amendment from July 1, 2011, through June 30, 2012.
The Town of Fountain Hills Municipal Court has notified the Superior Court of its
intent to renew for an additional one -year term pursuant to paragraph 3 of the IGA. The
Superior Court agrees to renew the IGA under the same terms and conditions for an
additional one -year term from July 1, 2012 through June 30, 2013_
This Amendment renews the Jury Services IGA for the Town of Fountain Hills
Municipal Court for an additional one -year terra, from July 1. 2012 through June 30.
2013, with the terms and conditions of the IGA entered on or about March 15, 2007.
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of
,yf th"te and yearset forth /)-k
FOUNTAIN HILLS MUNICIPAL COURT SUPERIOR COURT OF ARIZONA IN
MARICOPA COUNTY
Mitchell S. Eisenberg c .. Hon. Norman J_ avid... �....
Presiding Judge Presiding .fudge
Fountain Hills Municipal Court. Superior Court in Maricopa County
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ATTEST:
.121L, Clerk
In accordance with the requirements of Arizona Revised Statute §11- 952(D), the
undersigned attorneys acknowledge that (i) they have reviewed the above Agreement
and Amendment on behalf of their respective clients and (ii) as to respective clients only,
each attorney has determined that this Agreement and Amendment is in proper form and
is with)R4he powers and authority granted under the laws of the State of Arizona.
APPROVED AS TO FORM:
Assistant Attorney General
Terry Goddard Office of the Attorne General
Anorney Genera! State of Arizona
INTERGOVERNMENTAL AGREEMENT DETERMINATION
Attorney General Contract rio, R o
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 farm and is within the powers granted under the laws of the State ofArizona to those Parties
to the Agreement represented by the Attorney General.
91 This agreement does not include a reference to Governor's Executive Order #2005 -30.
Dated this01-4 1]ay of .` , 20 0(p
TERRY GODDARD
The Attorney General
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(Secretary of State # , Filed,
THIS AGREEMENT MADE AND ENTERED INTO THIS
IL
of , 20 y the Town
of Fountain Hills, Fountain Hills Municipal Court, and the Superior Court ofAriizona in
Maricopa County (Superior Court).
WITNESSETH:
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 terns and
conditions hereinafter set forth.
IT IS MVFUALLY 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 EIection
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,
(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, 20 10 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. § I I-
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 (I80) 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
completion of the Agreement.
(5) 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.
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( ?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
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terminated by the Town of Fountain Hills by giving written notice of not less than sixty (60) days
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.
(9) 4$ 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.
(1p)* INDEMNIl'ICATION 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.
(11)The parties to this IGA agree to resolve all disputes arising out of or relatin to this
A through arbitration, after exhausting applicable administrative review,
w 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 olitical subdivisions or an
department or agency of either may, within three Y ca ears after its execution, cancel any contract Y
,
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 parry 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.
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Presiding Judge, Trial Courts of
Arizona in Maricoga County
r- mmaing .,cage, Fountain (-tills Municipal Court
By: fountain Hil s Town Attorney
In