 |
AGENDA ITEM REVIEW FORM |
6.B.
Regular City Council Meeting
- Meeting Date:
- 07/13/2016
- Department Head:
- Kay Macuil
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
Resolution
Resolution
ITEM:
Discussion and possible action on any and all matters regarding Resolution No. 1149. A resolution of the Mayor and Council of the City of San Luis, Arizona, approving an Intergovernmental Agreement between the City of San Luis, Arizona and the Superior Court in Yuma County for the purpose of a Field Trainer to provide training and uniformity of automation systems and business practices with the Courts in Yuma County including the San Luis Municipal Court. (Andrea Ruiz, Municipal Court Administrator)
SUMMARY:
Staff is seeking two (2) things in this agenda item.
(1) Ratification of the Superior Court's and City Staff changes to the Intergovernmental Agreement (IGA) between the City of San Luis and the Yuma Superior Court for a Field Trainer for fiscal year 2015-2016.
(2) Acceptance of the renewal of the IGA for the July 1, 2016 through June 30, 2017.
For renewals, the IGA requires that the Superior Court requests renewal and that the City accept it. One of the changes to the IGA is that City Staff be authorized to approve any one (1) year extensions for a total five (5) year term since the fiscal impact is only $1,000.00 per year.
The City received the Court's request for renewal on June 1, 2016. However, it was not put on a June Agenda because the newly appointed Presiding Judge Maria Elena Cruz wanted to review it. That review is done and there were no further changes.
The Field Trainer goes to the various Courts in Yuma County including the San Luis Municipal Court to train Court Staff on the automation systems and business practices so that the Courts in Yuma County operate uniformly.
Here is the background as to how the changes came about:
On February 24, 2016, the agreement was brought back to City Council because the Superior Court had a change about which funding source the Court would use. City Council approved that change.
The parties warrant compliance with all Federal immigration laws and regulations relating to employees and warrants their compliance with Section A.R.S. §23-214, Subsection A. (That subsection reads in part: “After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the e-verify program.”)
(1) Ratification of the Superior Court's and City Staff changes to the Intergovernmental Agreement (IGA) between the City of San Luis and the Yuma Superior Court for a Field Trainer for fiscal year 2015-2016.
(2) Acceptance of the renewal of the IGA for the July 1, 2016 through June 30, 2017.
For renewals, the IGA requires that the Superior Court requests renewal and that the City accept it. One of the changes to the IGA is that City Staff be authorized to approve any one (1) year extensions for a total five (5) year term since the fiscal impact is only $1,000.00 per year.
The City received the Court's request for renewal on June 1, 2016. However, it was not put on a June Agenda because the newly appointed Presiding Judge Maria Elena Cruz wanted to review it. That review is done and there were no further changes.
The Field Trainer goes to the various Courts in Yuma County including the San Luis Municipal Court to train Court Staff on the automation systems and business practices so that the Courts in Yuma County operate uniformly.
Here is the background as to how the changes came about:
On August 26, 2015, City Council approved renewing the IGA between the City of San Luis, Arizona and the Superior Court in Yuma County for a Field Trainer to provide training on automation systems and business practices in order for the San Luis Municipal Court be uniform with the other Courts in the County.
On February 24, 2016, the agreement was brought back to City Council because the Superior Court had a change about which funding source the Court would use. City Council approved that change.
On April 18, 2016, the Administrator for the Superior Court contacted the San Luis City Attorney with additional changes to the provisions which their legal counsel, the Arizona Attorney General, requested. These changes do not affect the City's commitment for assisting the program in the amount of $1,000.00.
These are the substantive changes to the IGA:
1. The authority for entering into the IGA is made more specific as to the subsection which refers to the Court from A.R.S. §11-952 to A.R.S. §11-952(J).
2. Rather than including the Justices of the Peace in the County, the IGA is just between the Yuma County Superior Court and the San Luis Municipal Court.
3. Reference is made to Executive Order 2009-09 rather than to Executive Order 99-4.
4. The following legal compliance requirements were added regarding A.R.S. §41-4401 immigration laws and E-Verify requirement.
The parties warrant compliance with all Federal immigration laws and regulations relating to employees and warrants their compliance with Section A.R.S. §23-214, Subsection A. (That subsection reads in part: “After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the e-verify program.”)
A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract and the party may be subject to penalties up to and including termination of the Agreement.
The parties retain the legal right to inspect the papers of any employee who works on the Agreement to ensure that the parties are complying with the warranty under paragraph 6(a).
The parties retain the legal right to inspect the papers of any employee who works on the Agreement to ensure that the parties are complying with the warranty under paragraph 6(a).
5. The Court and the City sent the IGA to their Risk Pools. Before these amendments, the Court Administrator believed that indemnity was not required between Cities and Courts. There has been recent thinking and the City's Risk Pool has requested that all IGA's be reviewed by them for the indemnity provisions. The City's Risk Pool added two (2) paragraphs on Indemnity which went back to the Court for review by the Attorney General, which were accepted.
Since by this time it was nearing the end of the fiscal year, the City Attorney requested that the Court provide a renew letter so that both the changes to the IGA and the renewal of the IGA could go to Council together.
On June 1, 2016, we received the Superior Court's request to renew the IGA.
On June 1, 2016, we received the Superior Court's request to renew the IGA.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE AND ADOPT RESOLUTION NO. 1149, TO RATIFY THE INTERGOVERNMENTAL AGREEMENT FOR FISCAL YEAR 2015-2016, AND TO RENEW THE INTERGOVERNMENTAL AGREEMENT FOR FISCAL YEAR 2016-2017.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- Yes
- CITY/STATE/FEDERAL FUNDS:
- City
- TOTAL:
- $1,000.00
- BUDGETED:
- Yes
- AVAILABLE TO TRANSFER:
- N/A
- GL ACCT # & NAME/REMAINING BALANCE BEFORE PURCHASE:
- Account # 100-160-80000 Court Contractual Services/Remaining Balance $37,500.00
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
On August 26, 2015, City Council approved $1,000.00 for the 2015-2016 fiscal year.
The Court has requested a renewal of the Intergovernmental Agreement so the fiscal impact is for the up-coming fiscal year 2016-2017 in the amount of $1,000.00.
The Court has requested a renewal of the Intergovernmental Agreement so the fiscal impact is for the up-coming fiscal year 2016-2017 in the amount of $1,000.00.