AMENDMENT 1 IGA YAVAPAI COUNTY.PDF

AMENDMENT #1 TO INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND YAVAPAI COUNTY
RECITALS
WHEREAS, the Lake Pleasant Regional Park (the “Park”); spans the boundaries of Maricopa and Yavapai
County; and
WHEREAS, on May 22, 1990, Maricopa County, a body politic and political subdivision of the State of
Arizona, herein after referred to as “Maricopa and Yavapai County, a body politic and political subdivision
of the State of Arizona, hereinafter referred to as “Yavapai”, entered into an Intergovernmental Agreement
(the “Agreement”) (CS-90-1-199) whereby the Parties addressed matters of mutual concern regarding the
operation of the Park, said Agreement recorded by the Maricopa County Recorder on June 12, 1990 (90
261213); and
WHEREAS, in the Agreement the Parties acknowledged that the best interest and welfare of the citizens
of both Maricopa and Yavapai County would be served by the establishment, maintenance, management
and law enforcement of a unified regional park; and
WHEREAS, Maricopa County and the United States Department of the Interior subsequently entered into
an Agreement (the “Recreational Management Agreement”), which provides, subject to certain conditions
and in recognition of the Agreement between Maricopa and Yavapai Counties, that Maricopa County
retains exclusive recreational management authority within Lake Pleasant Regional Park (the “Park”); and
WHEREAS, in order to mitigate potential impacts to Yavapai County generated by the Park, Section 3 of
the Agreement provided for payment by Maricopa County of an annual fee for “court related services and
costs” for that portion of the Park located within Yavapai County; and
WHEREAS, during the 2011 Session of the Arizona State Legislature, A.R.S. §22-301, section C. was
revised to read: For the purposes of subsection A or B of this section, an offense is committed within the
precinct of a justice of the peace court if conduct constituting any element of the offense or a result of such
conduct occurs either:
1. Within the precinct.
2. Within a county park that includes a body of water located in two counties if one county
has a population of more than three million persons and one county has a population of
more than two hundred thousand persons but less than three hundred thousand persons
and the precinct includes some part of the county park; and
WHEREAS, based on the revised A.R.S. §22-301, the Justice Courts of Maricopa County have jurisdiction
over misdemeanors and criminal offenses punishable by a fine not exceeding two thousand five hundred
dollars, or by imprisonment in the county jail for not to exceed six months, or by both a fine and
imprisonment and initial jurisdiction over felonies for the purpose of commencing action and conducting
proceedings through preliminary examinations and holding defendant to answer to the superior court of to
discharge the defendant if it appears that there is not probable cause to believe the defendant is guilty of
an offense; and
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WHEREAS, Due to the revisions to A.R.S. §22-301, it appears that future fiscal impacts to Yavapai
County’s Criminal Justice System will be minimized; and
WHEREAS, In light of the revisions to A.R.S. §22-301, the Parties acknowledge that since the law was
changed in 2011, that Maricopa has not utilized Yavapai to provide the services contemplated in the
Agreement, and accordingly payment of the annual flat fee under the initial Agreement ceased - as it was
no longer properly due and payable. Instead the parties wish to amend the Agreement to provide for
payment for services as they are actually rendered. All other provisions of the Agreement, shall remain in
full force and effect except as expressly amended herein,
NOW THEREFORE, in consideration of the foregoing and other valuable considerations, Maricopa and
Yavapai County hereby agree as follows:
I. INCORPORATION OF RECITALS
The Recitals set forth above are hereby incorporated into this Agreement.
II. DELETIONS/AMENDMENTS
Delete Section 2 pertaining to the payment by Maricopa County to Yavapai County for Court related
services and costs related to the Lake Pleasant Regional Park within Yavapai County in its entirety
and replace with the following:
In the event that Yavapai County’s Criminal Justice System incurs costs for any case related
to the Park, Maricopa County shall, as a condition of Yavapai County’s acceptance of any such
case, reimburse Yavapai County for such costs upon presentation of Yavapai County’s invoice.
The invoice shall specify costs incurred for each case for which reimbursement is sought at
the following rates:
Court proceedings $ 36.50 per hour or portion thereof
Prosecution Services $ 79.00 per hour or portion thereof
Indigent Defense Services $ 50.00 per hour or portion thereof
Yavapai County Sheriff’s Services $ 45.00 per hour or portion thereof
In addition to the costs specified above, Maricopa County agrees to reimburse Yavapai
County for the actual reasonably necessary court-related costs incurred in prosecuting
cases under this agreement, including but not limited to: expert and witness fees and
costs, interpreter fees, and the cost of transcripts ordered by the Court. Costs subject to
reimbursement shall be limited to expenses specially incurred to prosecute cases under
this agreement.
The fees specified above shall be adjusted as of the first July 1st following the execution of this
Agreement and thereafter as of July 1st of each fiscal year during which this Agreement
remains in effect. Adjustment shall be based on the change in the most recent Cumulative
Cost of Living Index, all items, Phoenix Arizona published by the Bureau of Labor Statistics,
United States Department of Labor. If such index ceases to be published, a comparable index
will be selected by mutual agreement of the parties.
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Delete Section 3 pertaining to law enforcement officers of Maricopa County in its entirety and replace
with a revised Section stating the following:
Based on A. R. S. 22-301 the law enforcement officers of Maricopa County may cite
misdemeanors and criminal offenses punishable by a fine not exceeding two thousand five
hundred dollars, or imprisonment in the county jail for not to exceed six months, or by both a
fine and imprisonment which occur in Yavapai County within the Lake Pleasant Regional Park
to the Maricopa County Court System. Maricopa County shall retain all fines, costs and fees
collected for such violations where applicable.
DATED this ______ day of _______________________, 2019.
MARICOPA COUNTY YAVAPAI COUNTY
________________________ _________ _________________________ __________
Chairman Date Chairman Date
Board of Supervisors Board of Supervisors
ATTEST ATTEST
__________________________ _________ _________________________ _________
Clerk of the Board Date Clerk of the Board Date
Approved as to Form: Approved as to Form:
___________________________ _________ __________________________ ________
Attorney for Maricopa County Date Attorney for Yavapai County Date
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