INTERGOVERNMENTAL AGREEMENT
FOR
TO PROCURE OUTREACH COORDINATOR FOR ORGANIZING BOARD
THIS AGREEMENT is made and entered into by and between Cochise County, a political subdivision (hereinafter called “the County”) and the Organizing Board of the Upper San Pedro Water District, a public body established by the Arizona Legislature pursuant to A.R.S. § 48-6416 (hereinafter called the “Organizing Board”) for the purpose of exercising their respective joint powers and contracting for services to assist the Organizing Board in executing its duties to inform the public of its comprehensive plan.
WHEREAS, to aid in its mission the Organizing Board desires the services of an outreach coordinator to perform the duties described in the Scope of Work attached as Exhibit A hereto, but lacks the infrastructure to procure a consultant to perform those services directly; and
WHEREAS, the County is able to procure a consultant and contract with the Organizing Board to perform such services so long as the County is fully reimbursed for the direct and indirect costs of doing so; and
WHEREAS, this AGREEMENT, contracting for certain services between governments, is authorized by A.R.S. § 11-951 et seq., and § 48-6416,
IT IS HEREBY AGREED THAT:
1. The County shall make reasonable efforts to procure a consultant to perform the services on behalf of the Organizing Board described on Exhibit A hereto. In procuring such a consultant the County will follow its normal procurement procedures, except that the Chairperson of the Organizing Board, or persons he may designate, shall be consulted as to who is procured and the rate of compensation.
2. The Organizing Board shall fully reimburse the County for the services set forth in paragraph one of this AGREEMENT, as follows:
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· The cost of paying the consultant.
· Cost of advertising for the position in the approximate amount of $3,000.00;
3. The County shall submit an itemized invoice to the Organizing Board for these costs, which shall be paid within thirty-five (35) days of the date of the invoice. Payment shall be made on the basis of invoices. Each invoice shall document the number of hours worked and a description of work performed.
4. Each party agrees to assume responsibility for all claims, demands, suits, damages, and loss (“claims”) which result from the negligence or intentional torts of that party or its agents, officers and employees in the performance of this AGREEMENT, but only to the extent that such claims arise from such negligence or international torts. The extent of the foregoing liabilities shall be limited to, and determined by, the respective fault of the parties, their agents, subcontractors and employees in comparison with others (including, but not limited to, the other party) who may have contributed to or in part caused any such claim to arise.
5. This AGREEMENT may be terminated by either party upon written notice from either party, with or without cause. Any such termination shall end all further obligations except for the payment for previously performed work and the continuing obligation for any indemnity, as stated above. This AGREEMENT may be canceled pursuant to A.R.S. § 38-511.
6. It is understood and agreed that the person procured by the County is not an employee or agent of the County.
7. Pursuant to A.R.S. § 11-952(D), an attorney for the County and the Organizing Board must review this AGREEMENT. Each party has knowingly and voluntarily authorized the Office of the Cochise County Attorney to conduct this review on its behalf.
8. This AGREEMENT shall be effective upon approval of both the County Board of Supervisors and the Organizing Board, signed by both parties, and filed with the County Recorder. It shall run through June 30, 2010, and shall automatically renew for one year at the end of that period unless either party gives notice to the contrary.
IN WITNESS WHEREOF the parties hereto have executed this AGREEMENT this _____ day of ______, 2009.
ORGANIZING BOARD COUNTY OF COCHISE
By: ______By: ______
K. Michael Rutherford, Chairperson Ann English, Chairman
ATTEST: APPROVED AS TO FORM:
______
Katie Howard, Clerk Britt W. Hanson, Chief Civil Deputy
Board of Supervisors County Attorney
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INTERGOVERNMENTAL AGREEMENT DETERMINATION
RE: Intergovernmental Agreement for Administrative Services for Organizing Board
The attached Agreement, which is an agreement between public agencies, has been reviewed pursuant to A.R.S. § 11-952 by the undersigned Deputy County Attorney who has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to Cochise County.
Approved as to form this ____ day of ______, 2008.
EDWARD G. RHEINHEIMER
Cochise County Attorney
By: ______
Deputy County Attorney