4837-5471-8970 V1 G-30231 V4 DRAFT MARICOPA COUNTY COURT IGA FINAL.DOCX
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Page 1 of 13 INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN MARICOPA COUNTY AND THE TOWN OF QUEEN CREEK REGARDING THE PROVISION OF JUDICIAL SERVICES AND OPERATION OF THE JUSTICE COURT IN QUEEN CREEK Maricopa County #C-________________ G-30231 This Intergovernmental Agreement (“IGA” or “Agreement”) is made and entered into by and between MARICOPA COUNTY, a political subdivision of the state of Arizona (“County”) and the TOWN OF QUEEN CREEK, a municipal corporation of the State of Arizona (“Queen Creek”). The County and Queen Creek may be referred to herein collectively as “Parties” and individually as a “Party.” The Maricopa County Superior Court presiding judge is required to approve this Agreement, in accordance with A.R.S. § 11-952. RECITALS WHEREAS, Maricopa County, Arizona is a general law county, and operates county courts as part of its general area of jurisdiction and responsibility as empowered by A.R.S. § 22-401 et seq.; and WHEREAS, the Town of Queen Creek, Arizona, is a general law town, and wishes to avail itself of the services of the Maricopa County Justice Court Administration to provide the judicial and administrative function of the court for Queen Creek as is empowered by A.R.S. § 22-401 et seq.; and WHEREAS, Queen Creek owns and operates certain real property known as the Law Enforcement and Community Chambers building which is located at 20727 E. Civic Parkway in Queen Creek, Arizona (“Property”); and WHEREAS, County and Queen Creek are parties to that certain Intergovernmental Agreement known as County G-30206 (C-24-18-003-3-00) which was fully executed on June 27, 2018 (the “2018 IGA”), to use the premises for similar services and, upon full execution of this Agreement, the Parties agree that this Agreement supersedes the 2018 IGA and agree to immediately terminate it. WHEREAS, Queen Creek desires to make that portion of the Property depicted on Exhibit A attached hereto and incorporated herein by this reference (the “Premises”) available to the County for use as a venue to hold court hearings; and WHEREAS, County desires to use the Premises and ancillary portions of the Property for the San Tan Justice Court (“Justice Court”) and the San Tan Justice Court Presiding Judge, to Page 2 of 13 conduct hearings concerning civil and criminal adult and juvenile violations of the Queen Creek Town Code (“Code”); and WHEREAS, County and Queen Creek are authorized to enter into this Agreement pursuant to A.R.S. § 11-952; and WHEREAS, Queen Creek is also empowered by general law and statute, including A.R.S. § 9-240(B), as amended, to enter into this Agreement; and WHEREAS, in accordance with A.R.S. § 11-952, the Presiding Judge of the Maricopa County Superior Court is also required to approve this Agreement; and WHEREAS, the Parties desire to enter into this Agreement to set forth each Party’s understandings and agreements related to the provision of court services and the use of the Property. NOW THEREFORE in consideration of the mutual assurances and agreements contained herein, the above Recitals are herein incorporated as agreements of the Parties and it is further agreed as follows: GENERAL PROVISIONS 1. Court Service. Queen Creek hereby designates the Maricopa County San Tan Justice Court and the Justice Court Presiding Judge as a court of jurisdiction for adult and juvenile violations arising from the enforcement of the Code and related codes authorized by Queen Creek officials. 1.1. Processing. The Justice Court shall process adult and juvenile Code violations cited into the Justice Court using its normal processes, subject to Arizona law, the Arizona Rules of Civil Procedure, and the Arizona Rules of Criminal Procedure. 1.2. Location of Hearings. The Justice Court may utilize its virtual courtroom systems for any hearings in its sole discretion. In the event an in-person hearing is necessary, the Justice Court shall have use of the Premises as provided herein. Queen Creek and the Justice Court shall follow all Center for Disease Control (“CDC”) and Queen Creek guidelines for the use of the Premises. 2. Personnel. To the extent not provided by Queen Creek, County shall provide all of the personnel, including prosecutors and public defenders, as required in connection with offenses that occur within the limits of Queen Creek. 3. Revenue; Reimbursement. 3.1. Revenue. All revenues of any natures, including any fines and fees, attributed to Queen Creek shall remain and be paid to the County for the services provided herein Page 3 of 13 (“Service Revenue”). The Justice Court shall report the annual Service Revenue to Queen Creek within thirty (30) days of the end of each fiscal year. 3.2. Reimbursement. Queen Creek shall reimburse County an amount equal to the County’s Annual Expense less the Service Revenue (“Service Reimbursement”). The County’s “Annual Expense” shall mean the aggregated pro rata portion of the salary of each full-time employee or independent contractor (collectively “County Personnel”) working on Queen Creek matters. Such reimbursement shall be calculated by multiplying each employee’s annual salary, or independent contractor’s annual compensation, by a ratio, the numerator of which is the annual number of hours spent on Queen Creek matters, and the denominator is the total number of annual hours worked for each County Personnel. The County shall provide Queen Creek with an invoice for the Service Reimbursement within thirty (30) days of the end of each fiscal year, with supporting documentation reasonably requested by Queen Creek. Queen Creek shall pay County the Service Reimbursement within thirty (30) days of receiving the invoice and all supporting documents reasonably requested by Queen Creek. In the event that Service Revenue exceeds the County’s Annual Expense for any given fiscal year, no reimbursement will be owed to Queen Creek by the County. 4. Term. The term of this Agreement shall be for five (5) years unless sooner terminated as provided for in this Agreement. This Agreement shall become effective on the date of the last signature. 4.1. Option to Renew. Provided this Agreement is in full force and effect, and Queen Creek is not in default under any of the terms and conditions of this Agreement at the time of notification of its desire to renew, Queen Creek shall have three (3) successive options to renew this Agreement for additional periods of two (2) years each on the same terms and conditions of this Agreement unless otherwise agreed to by the Parties in writing (each a “Renewal Option”). 4.2. Exercise of Option. If Queen Creek elects to exercise a Renewal Option, Queen Creek shall provide County with written notice no later than the date which is at least one-hundred eighty (180) days prior to the then scheduled expiration of this Intergovernmental Agreement. 5. Permitted Use; Property Usage. Use of the Premises and Property by County shall be for the purpose of conducting adult and juvenile civil and criminal Code violation hearings in cases that have been cited into the Justice Court (the “Permitted Use”). 5.1. Use Period. Queen Creek hereby authorizes County and their invitees to use, for Justice Court purposes, the Premises and adjacent common areas of the Property which include but are not limited to lobby(ies), restroom(s), and parking for the Permitted Use on the third Thursday of each month between the hours of 1:00 PM and 4:00 PM (the “Use Period”). If the scheduled day of use falls on a County or Queen Creek holiday, Queen Creek will coordinate with the Justice Court in advance to agree upon an alternate day for the Justice Court to operate in the Premises. Other than accommodations for holidays, the Use Period may only be Page 4 of 13 modified by a prior written agreement by executing the attached form as shown on Exhibit C, attached hereto and incorporated herein at least ten (10) days prior to the requested use. The Maricopa County Superior Court Presiding Judge and Tracy Corman, Assistant to the Town Manager of the Town of Queen Creek, are hereby authorized to sign this Exhibit C. 5.2. Personal Property. In addition to the Premises, Queen Creek hereby authorizes County and their invitees to use that certain Queen Creek personal property such as chairs, tables, monitors, and other similar furniture and equipment (the “Town Personal Property”) described in Exhibit B which is attached hereto and made a part hereof, necessary for conducting the Justice Court on the Premises. The County shall provide any other personal property (the “County Personal Property”) necessary for operations, including but not limited to computers, temporary dividing walls, security wands, and other equipment. Queen Creek also agrees to allow the County to use their audio-visual equipment in the Premises to record court proceedings and display evidence if capable and available. With prior written approval, Queen Creek shall reimburse the County for the cost of any additional personal property required to be purchased by the County to facilitate the operation of the Justice Court, which upon such reimbursement by Queen Creek, such additional personal property shall become Town Personal Property. The Parties agree that all County Personal Property and Town Personal Property shall continue to be owned by the supplying Party. 5.3. Relocation or Alternate Space. Queen Creek agrees that it shall not require the Justice Court to permanently relocate from the Premises; however, Queen Creek may, from time to time, provide the County with an alternate location within the Property or an alternate facility for the Permitted Use. The alternate location and/or facility shall be as similar to the Premises as possible in regards size, location, and condition. Queen Creek shall provide written notice of any proposed temporary relocation as far in advance as possible. Notwithstanding the foregoing, Queen Creek shall provide a minimum of twenty-four (24) hours’ notice of any proposed temporary relocation. 5.4. No Fees for Property Use. The County’s use of the Premises is a mutual benefit to the Parties and the community as a whole; therefore, there is no fee for the use of the Premises and ancillary portions of the Property. 5.5. Utilities and Maintenance of Property. Queen Creek, at its sole cost and expense, shall be responsible for: (1) all utilities serving the Premises and Property; (2) provision of janitorial services to the Premises; and (3) providing all maintenance of the Premises and Property, including, but not limited to, maintaining the structure of the Premises and the Property in good repair and correcting any hazardous conditions existing as a result of any structural defect or unsoundness. The term “structure” as used herein includes walls, roofs, floors, foundations, stairways and exterior sidewalks and all electrical, plumbing, heating and air conditioning systems and equipment. Page 5 of 13 5.6. Compliance with Laws. The Parties agree to comply with all federal, state and local statutes, laws, ordinances, rules, and regulations which relate to their use of the Property. 6. Insurance. County and Queen Creek acknowledge and agree that the Parties to this Agreement are each self-insured. During the entire time that this Agreement is in force, each Party, at its sole cost and expense, shall carry and maintain levels of Commercial General Liability, Automobile Liability, Worker’s Compensation insurance, Property, and Environmental/Pollution Insurance coverages that are considered standard for the Property and Permitted Use. 7. Indemnification. 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 the negligent performance of this Agreement, 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. 8. Nondiscrimination. All Parties shall comply with Executive Order 75-5, as amended by Executive Order 2009-09, 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. All 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. 9. E-verify. All Parties shall comply with A.R.S. § 23-214, which requires verification of employment eligibility through the e-verify program, provides economic development incentives for those that comply, and requires a list to be provided quarterly to the United States SOS listing those employers who have adhered to the requirements. 10. Conflicts; Termination. 10.1. Conflicts. As prescribed by A.R.S. § 38-511 as amended, either Party may cancel this Agreement after its execution and without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of either Party is, at any time while the Agreement or any extension thereof is in effect, an employee or agent of either Party to the contract in any capacity or a consultant to any other Party to the Agreement with Page 6 of 13 respect to the subject of this Agreement. In the event either Party elects to exercise its right under A.R.S. § 38-511 as amended, the Party agrees to give notice thereof immediately in writing to the other Party. 10.2. Non-Appropriation. This Agreement may be terminated by any Party at the end of any fiscal year due to non-appropriation of funds without any penalty or liability to the other Party. 10.3. General Termination. Either Party (or County/Queen Creek) may terminate this Agreement at any time for any reason or for no reason by giving the other Party a minimum of 30 days’ prior written notice, delivered by personal delivery or by certified mail to the persons at the addresses set forth in Section xx of this Agreement. The Parties may also terminate this Agreement at any time by mutual written agreement. 11. Default. 11.1. Each of the terms in this Agreement is considered material and failure to perform any of them shall constitute a breach of this Agreement. Either Party shall have the right to terminate this Agreement if the other Party does not, within thirty (30) days of receipt of a written notice thereof, cure any terms in default. Notwithstanding the foregoing, if the nature of the breach cannot be cured within said thirty (30) day period, the noticing Party shall not have the right to terminate this Agreement if the other Party commences the cure within the thirty (30) period and diligently pursues the cure to completion thereafter. 11.2. Neither Party shall be considered to be in default in the performance of any of the obligations hereunder, other than obligations to either Party to pay costs and expenses, if failure of performance shall be due to an uncontrollable force. The term “uncontrollable force” shall mean any cause beyond the control of the Party affected, including but not limited to failure of facilities, flood, earthquake, tornado, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, and action or non-action by or failure to obtain the necessary authorizations or approvals from any governmental agency or authority or the electorate, labor or material shortage, sabotage and restraint by court order or public authority, which by exercise of due diligence it shall be unable to overcome. Nothing contained herein shall be construed so as to require either Party to settle any strike of labor dispute in which it may be involved. Either Party rendered unable to fulfill an obligation by reason of an uncontrollable force shall exercise due diligence to remove such inability with all reasonable dispatch. If either Party claims its failure to perform was due to an uncontrollable force, that Party shall bear the burden of proof that such activity was within the meaning and intent of this section, if such claim is disputed by either Party. Page 7 of 13 12. Disputes. The laws of the State of Arizona shall 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 shall be Maricopa County, Arizona. 12.1. Disputes arising from this Agreement shall be subject to arbitration as may be required by A.R.S. § 12-1518. A notice of a dispute must be provided in writing to the other Parties and provide a summary of the issue that is the subject of the dispute. 12.2. The Parties shall confer within thirty (30) days of receipt of a notice of dispute to resolve the dispute and/or decide, within ten (10) days after conferring, on a mutually acceptable arbiter. If a mutually acceptable arbiter cannot be agreed upon within thirty (30) days after conferring, the Parties agree that each Party shall name one (1) arbiter and those two (2) arbiters shall select a third arbiter. Any decisions made shall be made by a majority of the panel of three arbiters. 12.3. If any Party decides to proceed to arbitration in lieu of terminating this Agreement, arbitration shall be binding. The cost of any arbitration shall be shared equally by the Parties. 13. The Parties agree that each Party retains ownership of its Data, and that the County retains ownership of Data shared with the other Party. Neither Party may release, store, save, disseminate or otherwise use Data in any manner or form. 14. The Parties agree that each Party is responsible for safely maintaining the integrity and confidentiality of the other Party’s Data received or under its control as a result of the Agreement. Each Party will immediately notify the other Party upon discovery of a breach of the Data, and will work cooperatively with the other Party to terminate, minimize, and resolve the breach. 15. Notwithstanding any other provision of this Agreement to the contrary, the Parties acknowledge that they are subject to A.R.S. 39-121 through 39-128 regarding public records. Any provision regarding confidentiality is limited to the extent necessary to comply with the provisions of Arizona law. 16. This Agreement does not imply authority to perform any tasks, or acceptance responsibility, not expressly stated in this Agreement. This Agreement does not create a duty or responsibility unless the intention to do so is clearly and unambiguously stated in the Agreement. 17. Sections and other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Page 8 of 13 18. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute the same instrument. E-signed, faxed, copied and scanned signatures are acceptable as original signatures. 19. Notice Addresses. 19.1. All notices herein required to be given in writing shall be sent: To County: Justice Court Administration Maricopa County 222 N. Central, Suite 210 Phoenix, AZ 85004 With a copy to: Maricopa County Real Estate Department Attn: Director 2801 W. Durango Street Phoenix, Arizona 85009 To Queen Creek: Town Manager Town of Queen Creek 22350 S. Ellsworth Road Queen Creek, AZ 85142 With a copy to: Town Attorney Attn: Scott A. Holcomb Dickinson Wright PLLC 1850 N. Central Ave. #1400 Phoenix, AZ 85004 19.2. Notice Requirements. All notices required or permitted by this Agreement or applicable law shall be in writing and may be delivered in person (by hand or by courier) or may be sent by first class, certified mail or U.S. Postal Service Express Mail, with postage prepaid, and shall be deemed sufficiently given if served in a manner specified in this section. The addresses specified in this section shall be that Party’s address for delivery or mailing of notices. Any Party may, by written notice to the others, specify a different address for notice. Page 9 of 13 19.3. Date of Notice. Any notice sent by certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon. If sent by first class mail, the notice shall be deemed given 72 hours after the same is addressed as required herein and mailed with postage prepaid. Notices delivered by United States Express Mail or overnight courier that guarantee next day delivery shall be deemed given 24 hours after delivery of the same to the Postal Service or courier. 20. Return of Premises. At the expiration of this Agreement or early termination pursuant to the terms set forth herein, County shall return the Premises to Queen Creek in a reasonable condition, normal wear and tear excepted. 21. Upon full execution of this Agreement, the Parties agree that this Agreement supersedes the 2018 IGA and agree that the 2018 IGA shall be immediately terminated without further action by either Party. 22. Any amendments, including all requests for additional services, shall be in writing and signed by all Parties to this Agreement. 23. 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. IN WITNESS WHEREOF the parties hereto have caused these presents to be executed on the date last written below: MARICOPA COUNTY TOWN OF QUEEN CREEK _________________________ ______________________________ Chairman, Maricopa County Mayor of the Town of Queen Creek Board of Supervisors ___________________________ ______________________________ Attest: Maricopa County Attest: Town of Queen Creek Clerk Clerk of Board Board of Supervisors This agreement shall be recorded and filed with the Maricopa County Clerk of the Board pursuant to A.R.S. § 11-952(G). Page 10 of 13 Approved as to form and within the power and authority granted to the parties by the law of Arizona: ___________________________ ______________________________ Maricopa County, Town of Queen Creek Deputy County Attorney Town Attorney Reviewed and approved in accordance with ARS 11-952(J): ______________________________________________ Hon. Joseph C. Welty, Presiding Judge Judicial Branch in and for Maricopa County Page 11 of 13 Page 12 of 13 Exhibit B Maricopa County shall be permitted the use of certain personal property belonging to Queen Creek located within the Community Chambers including: 1. The dais and staff seating. 2. Microphones attached to the dais and podium. 3. Monitors and projection screens. 4. Fixed seating and other free standing chairs. 5. Free standing tables. Page 13 of 13 Exhibit C TEMPORARY USE PERIOD CHANGE FORM The Temporary Use Period shall be for the time period of: __________AM/PM and ____________AM/PM on ________, _____________________, 20_____. (Day) (Month) through ________, ____________________, 20_____. (Day) (Month) MARICOPA COUNTY TOWN OF QUEEN CREEK __________________________________ ______________________________ Presiding Judge, Tracy Corman, Maricopa County Justice Courts Assistant to the Town Manager ___________________________ ___________________________ Date Date 4837-5471-8970 v1 [53749-1]