HomeMy WebLinkAboutRes 2014-27RESOLUTION NO.2014-27
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA,APPROVING 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:
SECTION 1.The Intergovernmental Agreement between the Town of Fountain Hills
(the "Town")andthe Superior Court of ArizonainMaricopaCountyfor jury management
services (the "Agreement"),is hereby approved in substantially theform attached heretoas
Exhibit Aand incorporated herein by reference.
SECTION 2.TheMayor,theTownManager,theTownClerk,theTownPresiding
Judge andthe Town Attorney are hereby authorized and directed to cause the execution of the
Agreement andtotakeall steps necessary to carry outthe purpose and intent of this Resolution.
PASSED AND ADOPTED bythe Mayor and Council of theTown of Fountain Hills,
Arizona,June 5,2014.
FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO:
Bevelyn J.Bend6r,T<pwn Clerk
REVIEWED BY:APPROVED AS TO FORM:
4^A^TOk,OiAfAgguX&Ay*^.
Ken Buchanan,Town Manager Andrew J.McGuire,Town Attorney
2164266.1
2164266.1
EXHIBIT A
TO
RESOLUTION NO.2014-27
[Agreement]
Seefollowingpages.
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE SUPERIOR COURT OF ARIZONA IN MARICOPA COUNTY
and
THE TOWN OF FOUNTAIN HILLS
This Intergovernmental Agreement ("IGA"),is entered into between the Superior Court
of Arizona,in and for the County of Maricopa ("Superior Court"),and the Town of Fountain
Hills,an Arizona municipal corporation,on behalf of its municipal court ("Municipal Court"),
for jury services.
1.RECITALS
WHEREAS,the Superior Court has historically offered certain jury services to certain
municipal courtsinMaricopaCounty;and
WHEREAS,Municipal Court desires to use the jury services offered by the Superior
Court;
THEREFORE,in consideration ofthe mutual agreement expressed herein,the parties
agreeasfollows:
2.PURPOSE
The purpose of this IGA is to provide jury services as specified herein.
3.AUTHORITY
The Superior Court has the duty and authority to summon jurors.A.R.S.§21-101 et seq.The
Municipal Court has the duty and authority to summon jurors.A.R.S.§§21-101 et.seq.,22-401
et.seq.The parties are authorized to enter into this IGA pursuant to A.R.S.§11-952(J).
4.TERM AND RENEWAL;TERMINATION
A.This IGA shall be effective July 1,2014 and shall expire June 30,2016.The parties may
renew this IGA in writing for four additional two-year terms,to expire no later than June
30,2024.If the Municipal Court wishes to renew this IGA,it must notify the Superior
Court at least 90 days in advance of its expiration.If City Council approval is required
for this IGA,the renewal may be executed by the Municipal Presiding Judge or City
Manager.The Municipal Court understands and agrees that the Superior Court may
increase the cost per summons or cost per compact disc ("CD")at the time of renewal to
reflect an increase in actual costs.
B.Either party may terminate this IGA for any reason upon 30 days'written notice.Either
party may terminate this IGA immediately if the other party materially breaches the IGA.
Either party may terminate this IGA due to non-availability of funds,as stated in
paragraph 17.Upon termination,all property used in performance of this IGA shall be
returned to the party owning the property or entitled to possession.
C.This IGA supersedes all prior agreements between the parties for jury services.Any
amendments tothisIGAmustbeinwritingandsignedbybothparties.
DUTIES OF SUPERIOR COURT
A.If the Municipal Court in paragraph 6 below elects to have the Superior Court print and
mail summons,the Superior Court shall do the following on behalf of the Municipal
Court:
i.The Superior Court will print and mail a summons to potential jurors on behalf of
Municipal Court.The potential jurors will be selected to receive a summons from
a master jury list in accordance with state law.See A.R.S.§21-301 et seq.In
addition to printing and mailing the summons,the Superior Court will field phone
calls about postponements,excuses,and disqualifications.
ii.The Superior Court shall include the phone number provided by the Municipal
Court on the summons for potential jurors who receive summons to call and listen
to a recording and/or inquire whether they must report at the date and time
specified in the summons.The Superior Court is not responsible for maintaining
or staffing this phone line or recording.
iii.The Superior Court shall process the payment of jury fees and mileage
reimbursements.
iv.The Superior Court is not responsible for setting up the Remote Access Services
("RAS")account or providing maintenance or services related to the RAS
account.The RAS accounts and related maintenance or services are provided
through the Office of Enterprise Technology ("OET").
B.If the Municipal Court in paragraph 6 below elects to have the Superior Court provide a
CD with the names and addresses of potential jurors to whom the Municipal Court may
send its own summons,the Superior Court shall provide a CD within ten business days
with 100 such names.If the Municipal Court elects to have Superior Court provide a CD,
the CD is the only product or service provided by the Superior Court,and the Superior
Court will not:print and mail the summons;field phone calls about postponements,
excuses,disqualifications;or process payment ofjury fees and mileage reimbursements.
C.The Superior Court shall submit bills to the Municipal Court on a quarterly basis,except
the Superior Court may bill for the CDs and RAS accounts at the time they are provided.
DUTIES OF MUNICIPAL COURT
A.Onorbeforethestartoftheterm of thisIGAandanyrenewalterms,the Municipal Court
shall elect in writing to the Superior Court Jury Office whether the Municipal Court
wants the Superior Court to print and mail summons,wants a RAS card,and/or wants a
CD withthe names and addresses of potential jurorsto whom the Municipal Court may
print and send its own summons.The Municipal Court shall contact the Superior Court
Jury Office to coordinate services.The Municipal Court may make its election by
checking one of the options below,orit may otherwise make this election in writing to
theSuperiorCourtJuryOffice.
Print andMail Summons CDwith Juror Names
B.The Municipal Court agrees to pay the following fees,depending on the elections made
bytheMunicipalCourt:
i.A fee of $2.09 foreach summons printed and mailed bythe Superior Court on
behalf of the Municipal Court.
ii.The Municipal Court shall reimburse the Superior Court for the daily attendance
fees and mileage reimbursements the Superior Court pays to jurors on behalf of
the Municipal Court.
iii.A$50.00 activation feeandan$8.00 monthly subscriber feeforeach RAS
account.Each person who enters data or has access through a RAS account must
have his/her own account.The Municipal Court must notify the Superior Court
and OET when the Municipal Court changes RAS account users.If the Superior
Courtincurs additional feesorcostsfromOETrelatedtoRAS accounts forthe
Municipal Court,the Municipal Court shall reimburse the Superior Court for such
fees or costs.
iv.A fee of $25.00 foreach 100 potential jurors listed ontheCD.
v.Afeeof $150.00 ifthe Municipal Court fails to timely enterjuror data,asset
forth below.
C.If the Municipal Court elects to have the Superior Court print and mail summons on its
behalf,the Municipal Courtis responsible forthe following:
i.By July 1of each year,the Municipal Court shall provide the Superior Court with
information on the number of jurors tobe summoned and on which days they
shall be summoned.The Municipal Court shall notify the Superior Court at least
seven weeks in advance of any changes in the number of summonses needed and
thedatesforwhichsummonsesshallbesent.Eachyear,bythefirstFridayin
November,the Municipal Court shall provide the Superior Court with blackout
dates for the next year.Blackout dates are days on which the Municipal Court
knows at the beginning of the year it will not need jurors to appear for service
during thatyear.
ii.The Municipal Court shall operate a phone line for jurors to call to inquire
whether they must report on the date and time specified on their summons.The
Municipal Court shall provide the Superior Court with the phone number and any
changes to the phone number so the Superior Court can include it on the
summons.The Municipal Court is solely responsible for the costs,maintenance
andstaffingassociatedwiththisphoneline.
iii.Within three (3)business days of the first day ajuror reports for jury service in
the Municipal Court,the Municipal Court shall provide the Superior Court with
information regarding individuals who report for jury service in response toa
summons sentbythe Superior Court pursuant tothis IGA as follows:
a.The Municipal Court may use the Superior Court's form.The Municipal
Court shall type the information in order to ensure accurate information is
processed on the form as directed by the Maricopa County Superior Court;or
b.If the Municipal Court has elected to have RAS card access and paid the
associated fees for such access,the Municipal Court may enterthe data into
the program the Superior Court uses for juror management (currently,
AgileJury).The Superior Court may provide general direction regarding how
to enter the data in AgileJury (or any other program the Superior Court later
decides to use for juror management).However,the Municipal Court is
responsible for all technical support of its computer system and training of its
employees.
c.If the Municipal Court fails to enter the data within the three business days,
the Superior Court will charge the Municipal Court a fee of $150.00 for each
day for which juror information is not entered to cover additional costs for re
running billing data,analyzing billing data,and re-entry into billing
spreadsheets.
D.If the Municipal Court elects to have the Superior Court provide a CD of names and
addresses,the Municipal Court is responsible for all of its own jury services,including
but not limited to printing and mailing the summons,fielding phone calls relating to jury
service,and processing payment ofjury fees and mileage reimbursements.
E.The Municipal Court is responsible for enforcement of any juror summons issued on
behalf of its court,including contempt notices,hearings,proceedings,procedures,and/or
other enforcement measures.The Superior Court is not obligated by this IGA to conduct
any contempt or enforcement proceedings on behalf of the Municipal Court.
F.The Municipal Court is not authorized and shall not permanently excuse any jurors.The
Municipal Court shall refer any jurors seeking tobe permanently excused to the Superior
Court,regardless of whether the Superior Court printed and mailed the summons or the
MunicipalCourtprintedandmailedthesummons.
G.The identity of jurors or potential jurors is sensitive,confidential,and protected by statute
and court rule.The Municipal Court agrees to restrict access to information provided
under this agreement to individuals who are authorized to access such information for the
completionoftheirofficialduties.
H.The Municipal Court shall comply with the Minimum Accounting Standards and
Generally Accepted Accounting Principles related to financial transactions involving
jurors.
I.The Municipal Court shall remit payment to the Superior Court within 30 calendar days
ofreceivingabillfromtheSuperiorCourt.
7.INDEMNIFICATION
Each party (as "Indemnitor")agrees to indemnify,defend,and hold harmless the other party (as
"Indemnitee")from and against anyand 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 resultin vicarious/derivative liability tothe Indemnitee are caused bytheact,
omission,negligence,misconduct,or other fault of the Indemnitor,its officers,officials,agents,
employees,orvolunteers.
In addition,Municipal Court shall cause its contractor(s)and subcontractors,if any,to
indemnify,defend,save and hold harmless the State of Arizona,any jurisdiction or agency
issuing any permits for any work arising out of this Agreement,and their respective directors,
officers,officials,agents,and employees (hereinafter referred to as "Indemnitee")from and
against any and all claims,actions,liabilities,damages,losses,or expenses (including court
costs,attorneys'fees,and costs of claim processing,investigation and litigation)(hereinafter
referred to as "Claims")for bodily injury or personal injury (including death),or loss or damage
to tangible or intangible property caused,or alleged to be caused,in whole or in part,by the
negligent or willful acts or omissions of Municipal Court's contractor or any of the directors,
officers,agents,or employees or subcontractors of such contractor.This indemnity includes any
claim or amount arising out ofor recovered under the Workers'Compensation Law or arising
outofthefailureofsuchcontractortoconformtoanyfederal,stateorlocallaw,statute,
ordinance,rule,regulation or court decree.It is the specific intention of the parties that the
Indemnitee shall,in all instances,except for Claims arising solely from the negligent or willful
acts or omissions ofthe Indemnitee,be indemnified by such contractor from and against any and
all claims.It is agreed that such contractor will be responsible for primary loss investigation,
defense and judgment costs where this indemnification is applicable.
8.INSURANCE
Both parties are insured as governmental entities and therefore no insurance certificates are
required by either party pursuant to this IGA.If the Municipal Court uses a contractor to perform
services in relation tothis Agreement,thebelow insurance requirements shall apply.
Insurance Requirements for Any ContractorsUsedbyMunicipalCourt:
The insurance requirements herein are minimum requirements and in no way limit the indemnity
covenants contained inthe Intergovernmental Agreement.TheStateof Arizona innoway
warrantsthattheminimumlimitscontainedhereinaresufficienttoprotectthegovernmental
entity or Contractor from liabilities that might arise out of the performance of the work under this
Contract by the Contractor,his agents,representatives,employees or subcontractors,and
Contractor andthe governmental entityare free to purchase additional insurance.
A.MINIMUM SCOPE AND LIMITS OF INSURANCE:Contractor shallprovide
coverage with limits of liability not less than those stated below.
1.Commercial General Liability -Occurrence Form
Policy shall include bodily injury,property damage,personal and advertising
injuryandbroad form contractual liability.
•General Aggregate $2,000,000
•Products -Completed Operations Aggregate $1,000,000
•Personal and Advertising Injury $1,000,000
•Blanket Contractual Liability -Written andOral$1,000,000
•Damage to Rented Premises $50,000
•Each Occurrence $1,000,000
a.The policy shall be endorsed to include the following additional
insured language:"The State of Arizona,its departments,
agencies,boards,commissions,universities andits officers,
officials,agents,andemployeesshallbenamedasadditional
insuredswithrespecttoliabilityarisingout of theactivities
performed byoronbehalfofthe Contractor."Such additional
insuredshallbecoveredtothefulllimits of liabilitypurchasedby
theContractor,evenifthoselimits of liabilityareinexcessof
those required bythis Contract.
b.Policy shall contain a waiver of subrogation endorsement in favor
oftheStateofArizona,its departments,agencies,boards,
commissions,universitiesanditsofficers,officials,agents,and
employees for losses arising from work performed by or on behalf
of the Contractor.
2.Business Automobile Liability
Bodily Injury and Property Damage for any owned,hired,and/or non-owned
vehiclesusedintheperformance of thisContract.
•Combined Single Limit (CSL)$1,000,000
a.Thepolicyshallbeendorsedto include the following additional
insuredlanguage:"The State of Arizona,its departments,
agencies,boards,commissions,universities anditsofficers,
officials,agents,and employees shallbe named asadditional
insureds with respect to liability arising out of the activities
performed byoron behalf of the Contractor,involving
automobiles owned,leased,hired or borrowed by the
Contractor".Such additional insured shall be covered to the full
limits of liability purchased bythe Contractor,even if those limits
ofliabilityareinexcessofthoserequiredbythis Contract.
b.Policy shall contain a waiver of subrogation endorsement in favor
oftheState of Arizona,itsdepartments,agencies,boards,
commissions,universitiesanditsofficers,officials,agents,and
employees for losses arising from work performed byoron behalf
of the Contractor.
c.Policy shall contain a severability of interest provision.
3.Worker'sCompensationandEmployers'Liability
•Workers'Compensation Statutory
•Employers'Liability
Each Accident $500,000
Disease -Each Employee $500,000
Disease -Policy Limit
$1,000,000
a.Policy shall contain a waiver of subrogation endorsement in favor
oftheStateofArizona,its departments,agencies,boards,
commissions,universities andits officers,officials,agents,and
employees for losses arising from work performed by or on behalf
of the Contractor.
b.This requirement shall not apply to:Separately,EACH contractor
or subcontractor exempt under A.R.S.§23-901,AND when such
contractororsubcontractorexecutestheappropriatewaiver(Sole
Proprietor/Independent Contractor)form.
B.ADDITIONAL INSURANCE REQUIREMENTS:Thepoliciesaretocontain,or
be endorsed tocontain,thefollowing provisions:
1.The Contractor's policies shall stipulate that the insurance afforded the
Contractor shall be primary insurance and that any insurance carried by the
Department,its agents,officials,employees or the State of Arizona shall be
excess andnot contributory insurance,as provided by A.R.S §41-621 (E).
2.The Contractor's insurance shallapply separately toeach insured against
whom claim is made orsuitis brought,except with respect tothe limits ofthe
insurer's liability.Coverage provided by the Contractor shall not be limited to
the liability assumed under the indemnification provisions of its Contract with
theother governmental entity(ies)party tothe IGA.
C.NOTICE OF CANCELLATION:Withtheexceptionof(10)daynoticeof
cancellation for non-payment of premium,any changes material to compliance with
this contract inthe insurance policies above shall require (30)days written notice to
theStateofArizona.SuchnoticeshallbesentdirectlytotheDepartmentandshallbe
sentbycertifiedmail,returnreceipt requested.
D.ACCEPTABILITY OF INSURERS:Contractors insuranceshallbeplacedwith
companies duly licensed in the State of Arizona or hold approved non-admitted status
on the Arizona Department of Insurance List of Qualified Unauthorized Insurers.
Insurers shallhavean"A.M.Best"ratingofnotlessthanA-VIIorduly authorized to
transact Workers'Compensation insurance in the State of Arizona.The State of
Arizona in no way warrants that the above-required minimum insurer rating is
sufficient to protect the Contractor from potential insurer insolvency.
E.VERIFICATION OF COVERAGE:Contractor shallfurnishtheState of Arizona
with certificates of insurance (ACORD form or equivalent approved by the State of
Arizona)as required by this Contract.The certificates for each insurance policy are to
besignedbyan authorized representative.
Allcertificatesand endorsements aretobe received and approved bytheStateof
Arizonabeforeworkcommences.EachinsurancepolicyrequiredbythisContract
must be in effect ator prior to commencement of work under this Contract and
remain ineffectforthe duration ofthe project.Failure to maintain the insurance
policies as required by this Contract,or to provide evidence of renewal,is a material
breach of contract.
All certificates required by this Contract shall be sent directly to the Department.The
State of Arizona project/contract number and project description are to be noted on
the certificate of insurance.The State of Arizona reserves the right to require
complete,certified copies of all insurance policies required by this Contract at any
time.
F.SUBCONTRACTORS:Contractor'scertificate(s)shallinclude all subcontractors as
insureds under its policies or Contractor shall furnish to the State of Arizona separate
certificates foreach subcontractor.All coverages for subcontractors shall be subject
totheminimumrequirementsidentifiedabove.
G.APPROVAL:Any modification or variation from the insurance requirements in any
Intergovernmental Agreement must have prior approval from the State of Arizona
Department of Administration,Risk Management Division,whose decision shall be
final.Such action will not require a formal contract amendment,but may be made by
administrative action.
H.EXCEPTIONS:Inthe event the Contractor or sub-contractor(s)is/are a public
entity,then the Insurance Requirements shall not apply.Such public entity shall
provide a Certificate of Self-Insurance.If the contractor or sub-contractor(s)is/are a
State of Arizona agency,board,commission,or university then none of the above
shallapply.
9.AUDIT OF RECORDS
Pursuant to A.R.S.§§35-214 and 35-215,both parties shall retain all data,books and other
records ("records")relating to this Agreement for a period of five years after completion of the
Agreement.All records shall be subject to inspection and audit by the State of Arizona at
reasonable times.Upon request,either party shall produce the original of any or all such records.
10.CANCELLATIONFORCONFLICTOFINTEREST
The requirements of A.R.S.§38-511 apply to this Agreement.Either party may cancel this
Agreement,without penalty or further obligation,if any person significantly involved in
initiating,negotiating,securing,drafting or creating this Agreement on behalf of either party is,
at any time while this Agreement or any extension is in effect,an employee or agent of the other
party with respect to the subject matter of this Agreement.
11.NON-DISCRIMINATION
Both parties shall comply with Executive Order 2009-9,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.Both 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.
12.COMPLIANCE REQUIREMENTS FOR A.R.S.6 41-4401—IMMIGRATION LAWS
AND E-VERIFY REQUIREMENT
A.Both parties warrant compliance with all Federal immigration laws and
regulations relating to employees and warrant its compliance with Section A.R.S.§23-214,
Subsection A,which reads:"After December 31,2007,every employer,after hiring an
employee,shall verify the employment eligibility of the employee through the E-Venfy
program."
B.A breach ofa warranty regarding compliance with immigration laws and
regulations shall be deemed a material breach of the contract and the other party may be subject
to penalties up to and including termination of the Agreement.
C.Both parties retain the legal right to inspect the papers of any employee who
works on the Agreement to ensure that the other party or any contractor or subcontractor is
complying with the warranty under paragraph 12(a).
13.APPLICABLE LAW
This Agreement shall be construed in accordance the laws of the State of Arizona.
14.LEGAL OBLIGATIONS
This IGA does not relieve either party ofany obligation or responsibility imposed upon itby law.
15.ARBITRATION
The parties to this Agreement agree to resolve all disputes arising out ofor relating to this
Agreement 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 statutes.
16.WAIVER AND MODIFICATION
None of the provisions of the Agreement may be waived,changed or altered except in writing
signedbybothparties.
17.AVAILABILITY OF FUNDS
Every payment obligation of the parties under this Agreement is conditioned upon the
availability of funds allocated for the payment of such obligation.If funds are not allocated and
available for the continuance of this Agreement,this Agreement may be terminated by the
parties or any other agency of the State of Arizona at the end of the period for which funds are
available.No legal liability on the part of the parties or any other agency of the State of Arizona
for any payment may arise under this Agreement until and only as long as funds are made
available for performance of this Agreement.If the necessary funds are not made available,then
that party shall provide written notice to the other party and may cancel this Agreement without
further obligation.No liability shall accrue to the parties or any other agency of the State of
Arizona in the event this provision is exercised,and neither the parties nor any other agency of
the State of Arizona shall be obligated or liable for any future payments or for any damages as a
result of termination under this paragraph,including payments or damages for purchases or
subcontractsenteredintoinanticipationoffunding.
18.NOTICES
All notices,claims,request,and demands under this IGA are to be in writing and served in
person or via certified (return receipt requested)United States mail,postage prepaid,addressed
as follows:
Iftothe Superior Court:Superior Court in Maricopa County
Jury Administrator
175 W.Madison St.
Phoenix,AZ.85003-2243
Attn:Jury Manager
10
If to Municipal Court:Fountain Hills Municipal Court
16705 East Avenue of the Fountains
Fountain Hills,Arizona 85268
Attn:Court Administrator
oratsuchotheraddressasshallbeindicatedinwritingbyeachparty.Servicebycertifiedmail
willbedeemedtooccuronthepostmarkdatebornebythereturnreceipt.
In witness whereof,the parties hereto have executed this IGA onthedate written below:
Honorable Norman J.Davis
Presiding Judge
SuperiorCourtofArizona
in Maricopa County
Date
>
Honorable Robert E.Melton
Presiding Judge
Fountain Hills Municipal Court
S-/<=i</V
Date
IN ACCORDANCE WITHA.R.S.§11-952 THISCONTRACTHASBEENREVIEWED
BYTHEUNDERSIGNEDWHOHAVE DETERMINED THAT THIS CONTRACT ISIN
APPROPRIATEFORMAND WITHIN THEPOWERSAND AUTHORITY GRANTED
TO EACH RESPECTIVE PUBLIC BODY.
ARIZONAATTORNEY GENERAL'S OFFICETOWNATTORNEY
By:
Assistant Attorney General
Date:
ll
Date:LM±