Bill Text: AZ HB2324 | 2015 | Fifty-second Legislature 1st Regular | Engrossed
Bill Title: Intergovernmental agreements; public agency indemnification
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2015-03-04 - Referred to Senate RULES Committee [HB2324 Detail]
Download: Arizona-2015-HB2324-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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HOUSE BILL 2324 |
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AN ACT
Amending section 11-952, Arizona Revised Statutes; relating to public agency joint exercise of powers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-952, Arizona Revised Statutes, is amended to read:
11-952. Intergovernmental agreements and contracts; indemnification
A. If authorized by their legislative or other governing bodies, two or more public agencies or public procurement units by direct contract or agreement, however denominated, may contract for services or jointly exercise any powers common to the contracting parties and may enter into agreements with one another for joint or cooperative action or may form a separate legal entity, including a nonprofit corporation, to contract for or perform some or all of the services specified in the contract or agreement or exercise those powers jointly held by the contracting parties.
B. Any such contract or agreement shall specify the following:
1. Its duration.
2. Its purpose or purposes.
3. The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget for the undertaking.
4. The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property on such partial or complete termination.
5. If a separate legal entity is formed pursuant to subsection A of this section, the precise organization, composition, title and nature of the entity.
6. Any other necessary and proper matters.
C. No An agreement made pursuant to this article shall not relieve any public agency of any obligation or responsibility imposed on it by law.
D. Except as provided in subsection E of this section, every agreement or contract involving any public agency or public procurement unit of this state made pursuant to this article, before its execution, shall be submitted to the attorney for each such public agency or public procurement unit, who shall determine whether the agreement is in proper form and is within the powers and authority granted under the laws of this state to such the public agency or public procurement unit.
E. A federal department or agency or public agency of another state that is a party to an agreement or contract made pursuant to this article is not required to submit the agreement or contract to the attorney for the department or agency unless required under federal law or the law of the other state.
F. Appropriate action by ordinance or resolution or otherwise pursuant to the laws applicable to the governing bodies of the participating agencies approving or extending the duration of the agreement or contract shall be necessary before any such agreement, contract or extension may be filed or become effective.
G. An agreement or contract may be extended as many times as is desirable, but each extension may not exceed the duration of the previous agreement.
H. Payment for services under this section shall not be made unless pursuant to a fully approved written contract.
I. A person who authorizes payment of any monies in violation of this section is liable for the monies paid plus twenty per cent percent of such the amount and legal interest from the date of payment.
J. Notwithstanding any other provision of law, public agencies may enter into a contract or agreement pursuant to this section with the superior court, justice courts and police courts for related services and facilities of such the courts for a term not to exceed ten years, with the approval of such the contract or agreement by the presiding judge of the superior court in the county in which the court or courts that provide the facilities or services are located.
K. An agreement entered into pursuant to this section may require one public agency to defend, indemnify or hold harmless the other public agency from liabilities, damages, losses and costs, including reasonable attorney fees and court costs, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of the indemnifying public agency.
L. Except as provided in subsection K of this section, an agreement entered into pursuant to this section may not require that a public agency defend, indemnify or hold harmless the other public agency under the agreement from liability, damage, loss, claim, action or proceeding and any contract provision that is not permitted by subsection K of this section is against public policy and is void.
