IGA FOR JOINT POLICIES BTWN BOS AND DISTRICTS 4-6-18.PDF

INTERGOVERNMENTAL AGREEMENT
Among
THE MARICOPA COUNTY BOARD OF SUPERVISORS
And the
MARICOPA COUNTY STADIUM DISTRICT, FLOOD CONTROL DISTRICT OF
MARICOPA COUNTY, AND MARICOPA COUNTY LIBRARY DISTRICT
For the
JOINT ADOPTION OF BOARD OF SUPERVISOR POLICIES
(C-06-18-393-6-00)
This Intergovernmental Agreement (Agreement or IGA) for authority for joint adoption of Board of
Supervisor policies is a binding agreement between the Maricopa County Board of Supervisors (BOS)
and the following Maricopa County special districts: Maricopa County Stadium District (Stadium
District), Flood Control District of Maricopa County (Flood Control), and the Maricopa County Library
District (Library District) (collectively, Districts). The BOS and Districts are referred to collectively as
Parties or individually as Party.
STATUTORY AUTHORIZATION
1. Arizona Revised Statutes § 11-951 et seq. authorize public agencies to enter into IGAs for joint
cooperative action.
BACKGROUND
2. Currently, when the BOS creates or rescinds a policy whose terms apply identically to the Parties,
the BOS must create and adopt/rescind four separate, but identical, policy documents through the
BOS’ and each district’s policy process. Even though terms are identical, the BOS does not have
unilateral authority to create one policy document that applies to the BOS and Districts collectively.
However, the Parties, collectively, have authority to jointly adopt policies through an
intergovernmental agreement pursuant to A.R.S. § 11-952 (A), which allows public agencies to
“jointly exercise any powers common to the contracting parties.”
PURPOSE OF THE AGREEMENT
3. The purpose of this Agreement is to authorize the Parties to create and adopt one policy document
when terms of a policy apply identically to the BOS and Districts. This Agreement does not intend
to override requirements in district-specific laws, rules, or policies, nor does this Agreement intend
to shift or delegate authority from Districts to the BOS. To the extent a conflict exists between a
term in a policy issued pursuant to this Agreement and a district-specific requirement, Districts
should follow the district-specific requirement.
DURATION
4. Effective Date; Term; Termination. This IGA will become effective upon the signature of the last
signatory (Effective Date). This IGA may be executed in two or more counterparts, each of which
will be deemed an original but all of which together will constitute the same instrument. Faxed,
copied, and scanned signatures are acceptable as original signatures. Any Party may terminate this
Agreement pursuant to A.R.S. § 38-511 or at any other time so long as the terminating Party
submits a written notice of termination to all other Parties at least thirty (30) days prior to the stated
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desired termination date (Termination). The remaining Parties must confirm receipt in writing.
Termination will be effective upon the later of: 1) the stated termination date in the written notice to
terminate; or, 2) the date of the written notice of receipt of termination from the last party to
provide such notice. Partial termination is not permissible. The IGA will remain in full force and
effect from Effective Date until Termination (Term).
TERMS OF THE AGREEMENT
5. Application. This IGA only applies to BOS policies with effective dates on or after April 11, 2018.
6. Responsibilities of the Districts.
A. The boards of directors for the Districts (BOD) will determine whether a
proposed policy applies to its respective district.
B. If a BOD determines a proposed policy does not apply to its respective district,
the district may opt-out of joint application of the policy at any time upon written
notice in compliance with the notice requirements of this IGA (Term 19).
C. In the event an exception, exemption, or conflict exists between the terms of a
policy issued pursuant to this IGA, and, a district’s laws, rules, and/or, policies,
Districts should comply with its specific laws, rules, and policies.
7. Responsibilities of the BOS.
A. The BOS may create and adopt policies that apply jointly to Parties who have not
opted out of joint application of the policy.
B. Each BOS policy that applies jointly to Parties must include: 1) a list of the
Districts to which the policy applies; and, 2) reference to this Agreement granting
authority for joint application of policies among the Parties.
8. Duties, generally. This Agreement does not imply authority to perform any tasks or accept
responsibility not expressly stated in this Agreement. Nor, will any term be construed to relieve
Parties of any obligation or responsibility imposed on it by law, including, but not limited to, duties
imposed by the procurement code, conflicts of interest law, public records law, employment laws,
and laws specific to individual districts.
9. Entire Agreement. This document is the complete and exclusive statement of understanding
between the Parties, and it supersedes all proposals, oral or written, and all other documents or
communications between the Parties relative to the subject matter herein covered, unless such
documents or communications are specifically included by reference.
10. Amendments. No amendment or modification to this Agreement will be valid or binding on the
Parties unless made in writing and signed by each Party. If any part of this Agreement is held to be
invalid or void, the remainder of the Agreement will remain in full force and effect and will be
binding upon the Parties.
11. Severability. If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable
of being enforced, such term will be excluded to the extent of such invalidity or unenforceability.
All other terms in the Agreement will remain in full force and effect. To the extent permitted and
possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and
enforceable and that comes closest to expressing the intention of such invalid or unenforceable
term.
12. Financing. This Agreement does not establish any joint or cooperative financing and budgeting
requirements nor does it alter existing requirements under other policies or laws.
13. Assignment. No Party may assign any rights herein without the written, prior consent of all Parties.
14. Indemnification. By entering into this Agreement, the Parties agree that to the extent permitted by
law, each Party will defend, indemnify and save the other Party harmless, including any of the
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Parties' departments, agencies, officers, employees, elected official or agents, 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 or nonperformance by the indemnifying Party of any of the
provisions of the Agreements. By entering into the Agreement, each Party indemnifies the other
against all liability (including but not limited to vicarious liability), losses, and damages of any
nature that is occasioned by the performance or nonperformance of the Agreement, except such
injury or damage that is occasioned by the negligence of that other Party. The damages which are
the subject of the indemnity will include but not be limited to the damages incurred by any Party, its
departments, agencies, officers, employees, elected officials, or agents. In the event of an action, the
damages which are the subject of this indemnity will include costs, expense of litigation and
reasonable attorneys' fees.
15. Non-Discrimination. The Parties do not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. Military
Veteran status, or any disability.
16. Conflicts of Interest. This Agreement is subject to the provisions of A.R.S. § 38-503 relating to
conflicts of interest.
17. Choice of Law; Venue. The laws of the State of Arizona will govern the construction and
interpretation of this Agreement. The Parties agree that the venue for any claim arising out of any
or in any way related to this Agreement will be Maricopa County, Arizona.
18. Arbitration. This Agreement is subject to the arbitration provisions at A.R.S. § 12-1518 (A).
19. Notice. All written notices required under this Agreement must be sent to the current Chairman and
Clerk for the BOS and Districts.
20. Prohibition against Boycott of Israel. The Parties agree they are not currently engaged in, and for
the duration of the Agreement will not engage in, a boycott of Israel, as defmed in A.R.S. § 35-393.
21. Sections and Headings. Sections and headings contained in this Agreement are for reference
purposes only and will not affect in any way the meaning or interpretation of this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates entered below.
MARICOPA COUNTY BOARD OF SUPERVISORS
Steve Chucri, Chair Date
Maricopa County Board of Supervisors
Attest by:
Fran McCarron, Clerk of the Board Date
Approved as to Form:
Undersigned counsel has reviewed the foregoing Agreement pursuant to A.R.S. § 11-952 (D) and
determined it is in proper form and within the powers and authority granted under the laws of this
state 1J oard of Supervisors.
4 -
oard of Supervisors Date
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MARICOPA COUNTY STADIUM DISTRICT
Steve Chucri, Chair Date
Maricopa County Stadium District
Attest by:
Fran McCall-oil, Clerk of the Board Date
Approved as to Form:
Undersigned counsel has reviewed the foregoing Agreement pursuant to A.R.S. § 11-952 (D) and
has determined it is in proper form and within the powers and authority granted under the laws of
this stO6 to the Maricopa Coun Stadium District.
r I 1
Attorney for Maricva bounty Stadium District Date
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Steve Chucri, Chair Date
Flood Control District of Maricopa County
Attest by:
Fran McCarron, Clerk of the Board Date
Approved as to Form:
Undersigned counsel has re wed the foregoing Agreement pursuant to A.R.S. § 11-952 (D) and
determined it is in prope and within the powers and authority granted under the laws of this
state to the Flood Con D 'strict of Arizona.
Attorney fi
County
LIBRARY DISTRICT OF IVIARICOPA COUNTY
Steve Chucri, Chair Date
Library District of Maricopa County
Attest by:
Fran McCarroll, Clerk of the Board Date
Approved as to Form:
Undersigned counsel has reviewed the foregoing Agreement pursuant to A.R.S. § 11-952 (D) and
determined it is in proper form and within the powers and authority granted under the laws of this
state tcyfhe Yibrary Distsizt of Maricopa County.
r-cr--
AtarAey Tor tifira'ry. DistriCt of Maricopa County Date
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