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| ARF- 2231 |
Regular Agenda Item 3. B.
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| Regular BOS Meeting |
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| Information |
| Request/Subject |
| First Amendment to the Agreement for Process Serving Services between the Town of Payson and Gila County. |
| Background Information |
| On March 15, 2005, the Town of Payson (Town) entered into an Agreement with Gila County for Process Serving Services. The Agreement provided for a fixed monthly amount of $541.67 through June 30, 2005. Thereafter, beginning on July 1, 2005, the fixed monthly rate was $875.00. The Agreement allowed for annual extensions for up to 9 additional years, expiring on June 30, 2014, and allowed for each party's ability to terminate the Agreement upon 30 days' written notice. |
| Evaluation |
On March 15, 2005, the Town of Payson entered into an Agreement with Gila County whereby Gila County would provide process serving services for the Payson Magistrate Court and for the Town through the Constable for the Payson Regional Justice Court Precinct. Per the terms of the Agreement, the Town shall pay to the County the sum of 541.67 per month, through June 30, 2005. Thereafter, beginning on July 1, 2005, the Town shall pay to the County the sum of $875.00 per month.
The term of the Agreement terminated on June 30, 2005, at which time the Agreement automatically renewed for a period of up to 9 1-year extensions, unless terminated by either party, in writing, 30 days prior to expiration of the current term of the Agreement. The last of the 9 extensions will expire on June 30, 2014.
The parties desire to amend the Agreement as follows: The term of this Agreement shall begin on the date last signed and shall terminate on June 30, 2018. This Agreement may be terminated by either party for any reason upon the giving of 30 days' advance notice in writing of intent to terminate this Agreement. All other terms of the Agreement shall remain in full force and effect.
The Town of Payson has requested that the Gila County Board of Supervisors affix their signatures to the Amendment, and return it to the Town of Payson for final execution. Upon final execution, the Town of Payson will return to Gila County two original signed First Amendment to the Agreement for Process Serving Services between the Town of Payson and Gila County. |
| Conclusion |
Gila County currently provides Magistrate Court services to the Town of Payson. The Constable for the Payson Regional Justice Court provides services as a process server for the area served by the Payson Regional Justice Court, in addition to providing such services for the Payson Magistrate Court and the Town. In March 2005, an Agreement was executed between the Town of Payson and Gila County for the purpose of providing compensation to the County for such services and for the purpose of continuing those services to the Town of Payson.
The original term of the Agreement will expire on June 30, 2014. It would benefit both the Town of Payson and Gila County to extend the Agreement to June 30, 2018. All other terms of the Agreement shall remain in full force and effect. |
| Recommendation |
| The Finance Director recommends that the Board of Supervisors approve the First Amendment to the Agreement for Process Serving Services between the Town of Payson and Gila County, which will provide for the continuance of said services to the Town of Payson for the period of July 1, 2014, through June 30, 2018. |
| Suggested Motion |
| Information/Discussion/Action to authorize the Chairman's signature on the First Amendment to the Agreement for Process Serving Services between the Town of Payson and Gila County, which will provide for the continuance of said services to the Town of Payson for the period of July 1, 2014, through June 30, 2018, and will retain each party's ability to terminate the Agreement upon 30 days' written notice. (Jeff Hessenius) |
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