Reference Title: intergovernmental agreements; procedures

AN ACT
AMENDING SECTIONS 11-952, 15-1152 AND 41-2632, ARIZONA REVISED STATUTES; RELATING TO INTERGOVERNMENTAL AGREEMENTS.

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

A. If authorized by their legislative or other governing bodies, two or more public agencies by direct contract or agreement 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, except that if two or more school districts arrange to become contracting parties under the terms of this section, such contract shall first be approved by the state board of education.

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 therefor.

4. The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination.

5. Any other necessary and proper matters.

C. No agreement made pursuant to this article shall relieve any public agency of any obligation or responsibility imposed upon it by law.

D. Except as provided in subsection E, every agreement or contract involving any public agency, board or commission made pursuant to this article shall, prior to its execution, be submitted to the attorney for each such public agency, board or commission, who shall determine whether the said agreement is in proper form and is within the powers and authority granted under the laws of this state to such public agency, board or commission.

E. A federal department or agency which 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 federal department or agency unless required under federal law.

F. Any agreement or contract submitted to the attorney general shall be filed with the secretary of state and shall become effective on the date provided in the agreement , but in no event prior to the date it is filed with the secretary of state . The secretary of state shall prepare a cross-index of the names of all public agencies which coordinate with the attorney general and secretary of state and file an agreement under this section.

G. Any agreement or contract submitted to an attorney other than the attorney general shall be filed with the secretary of state if the agreement affects more than one county and shall be filed with the county recorder if only one county is affected and shall become effective on the date provided in the agreement . but in no event prior to the date it is filed with the proper officer.

H. Appropriate action by ordinance, 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.

I. If a school district is a party to an agreement made pursuant to subsection A, the parties to such agreement may extend the duration of the agreement by notification to the proper officer with whom SECRETARY OF STATE IF the agreement is filed pursuant to subsection F or G and the state board of education. Such agreement may be extended as many times as is desirable, but each extension may not exceed the duration of the previous agreement.

J. Payment for services under this section shall not be made unless pursuant to a fully approved written contract.

K. A person who authorizes payment of any monies in violation of this section is liable for the monies paid plus twenty per cent of such amount and legal interest from the date of payment.

L. 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 courts for a term not to exceed ten years, with the approval of such contract or agreement by the presiding judge of the superior court in the county in which the court or courts which provide the facilities or services are located.

Sec. 2. Section 15-1152, Arizona Revised Statutes, is amended to read:

15-1152 . School meal programs; nonschool meal programs; powers of state board of education

The state board of education may enter into agreements with an agency of the federal government, a governing board or another agency or person, direct the disbursement of federal and state monies in accordance with provisions of federal and state law, direct the distribution of commodities as provided by federal and state law, prescribe regulations, employ personnel, give technical advice and assistance to governing boards in connection with establishment and operation of school meal programs, assist in training personnel engaged in operation of school meal programs and take other action it deems necessary to provide for the establishment and maintenance of school meal programs. The state board of education and the governing boards may also accept gifts for use in connection with a school meal program. Agreements entered into pursuant to this section are exempt from the provisions of section 11-952, subsections D , AND F and G . The form to be used in the agreements shall be approved annually by the attorney general prior to its use in such agreements. The department of education shall file with the secretary of state by January 1 one blank copy of the agreement form and a list of the agencies with which the department entered agreements during the preceding year.

Sec. 3. Section 41-2632, Arizona Revised Statutes, is amended to read:

41-2632 . Cooperative purchasing authorized

A. Any public procurement unit may either participate in, sponsor, conduct or administer a cooperative purchasing agreement for the procurement of any materials, services or construction with one or more public procurement units in accordance with an agreement entered into between the participants. A nonprofit educational or public health institution may enter into an agreement pursuant to this section if one or more of the parties involved is a public procurement unit. An agreement entered into as provided in this article is exempt from section 11-952, subsections D , AND F and G . Parties under a cooperative purchasing agreement may:

1. Sponsor, conduct or administer a cooperative agreement for the procurement or disposal of any materials, services or construction.

2. Cooperatively use materials or services.

3. Commonly use or share warehousing facilities, capital equipment and other facilities.

4. Provide personnel, except that the requesting public procurement unit shall pay the public procurement unit providing the personnel the direct and indirect cost of providing the personnel, in accordance with the agreement.

5. On request, make available to other public procurement units informational, technical or other services that may assist in improving the efficiency or economy of procurement. The public procurement unit furnishing the informational or technical services has the right to request reimbursement for the reasonable and necessary costs of providing such services.

B. The activities described in paragraphs 1 through 5 THIS SECTION do not limit what parties may do under a cooperative purchasing agreement.

APPROVED BY THE GOVERNOR APRIL 25, 1997.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 28, 1997.