HomeMy WebLinkAboutA012 - Resolution approving Memorandum of Understanding with Judicial Branch, Second Judicial District, Story County for court services in City HallITEM #:13
DATE:08-26-25
DEPT:FLEET
SUBJECT:MEMORANDUM OF UNDERSTANDING FOR SECOND JUDICIAL DISTRICT
COUNCIL ACTION FORM
BACKGROUND:
Although the City of Ames is not the county seat of Story County, for many years the Iowa
Judicial Branch has maintained a courtroom in Ames City Hall. This arrangement has served
as a convenience for the Ames community, since a variety of court proceedings and services
can be accessed without necessitating travel to Nevada. This is also a substantial benefit for
City operations, since less staff time and mileage is required for police officers and City
Attorney's Office staff to travel back and forth to Nevada.
A 28E agreement currently exists between the Second Judicial District of the Iowa Judicial
Branch, Story County, and the City of Ames regarding the court system having operations in
the Ames City Hall location. The current 28E agreement was approved in 2010 (see
Attachment A).
The Iowa Judicial Branch has indicated its desire to implement a Memorandum of
Understanding (MOU; see Attachment B), which would replace the 28E Agreement . If
the MOU is approved by Council, it is effective retroactively to July 1, 2025, and will
expire on June 30, 2026, unless terminated earlier in the accordance with the
agreement. It may be renewed for additional terms upon mutual written agreement prior
to expiration.
In consideration of the convenience of the Judicial Branch offering services in Ames,
the Judicial Branch is not charged rent or utilities for its space in City Hall. However,
the MOU obligates the City to reimburse the Iowa Judicial Branch for its information
technology costs associated with holding court in Ames. These itemized costs total
$17,337.20. Of this amount, 10% is paid from the Legal Department's operating budget and
90% is paid from the Police Department's operating budget.
ALTERNATIVES:
1. Approve the attached Memorandum of Understanding with the Iowa Judicial Branch,
Second District, and Story County for court services in Ames City Hall.
2. Do not approve the Memorandum of Understanding.
3. Refer this item back to staff for further information.
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CITY MANAGER'S RECOMMENDED ACTION:
This partnership benefits residents and City staff by providing a convenient location to
access the court system, file documents, and attend hearings for small claims actions,
municipal infractions, mental health and substance abuse proceedings, and simple
misdemeanor criminal offense. Staff has reviewed the MOU and finds it
acceptable. Therefore, it is the recommendation of the City Manager that the City Council
adopt Alternative No. 1, as noted above.
ATTACHMENT(S):
Attachment A: 28E agreement.pdf
Attachment B: MOU 2nd Jud Dist Ames Story County.docx
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“MOU”) is made by and between the parties identified in Section 1
below. The parties agree as follows:
SECTION 1. IDENTITY OF THE PARTIES.
1.1 Iowa Judicial Branch, Second Judicial District (“IJB”).
Address: 701 Central Avenue, Fort Dodge, IA 50501
Contact: Tina Thomason, District Court Administrator
Email: tina.thomason@iowacourts.gov
Phone: 515-574-3756
1.2 Story County (“County”).
Address: 1315 South B Avenue, Nevada, IA 50201
Contact:
Email:
Phone:
1.3 City of Ames (City”)
Address: 515 Clark Avenue, Ames IA 50010
Contact:
Email:
Phone:
SECTION 2. PURPOSE. Pursuant to Iowa Code Section 602.6105(3)(b)(1), the City of Ames (“City”)
and the County of Story (“County”) have requested the Chief Judge of the District Court in the Second
Judicial District (“Court”) to hold court in the non-county seat of Ames, Iowa at the Ames City Hall
building located at 515 Clark Avenue. In consideration of holding court in the City, the City and the
County shall pay and reimburse IJB the costs and amounts described in Iowa Code section 602.1303(1),
Iowa Code section 602.6105(3)(b)(2), and any other costs described herein. The City and County
represent and warrant that all prerequisites set forth in Iowa Code Section 602.6105(3)(b)(1) have been
met. This MOU supersedes and replaces in its entirety the Chapter 28E Agreement entered into by the
parties in July of 2010. The parties agree that such Chapter 28E Agreement is hereby terminated and no
longer in force and effect.
SECTION 3. TERM. This MOU shall become effective on July 1, 2025 and shall expire on June 30,
2026 unless terminated earlier in accordance with the provisions of this MOU. After the expiration of the
initial term, the parties may renew this MOU for additional terms upon the written mutual agreement of
the parties. If the parties fail to renew this MOU by the expiration date of any term, the provisions of the
expired MOU shall be considered in full force and effect, and the City and the County will continue to
pay and reimburse IJB for all invoiced expenses. If either the City or the County fails to timely pay IJB
for any costs or amounts invoiced by IJB, the Chief Judge of the Court may discontinue holding court and
cease all court services in the City.
SECTION 4. REIMBURSEMENT OF COSTS.
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4.1 Reimbursement by the City. The City agrees to reimburse and promptly pay IJB for the
following annual costs incurred by IJB for holding court in the City:
4.1.1 Cost of 5 phone lines – $3398.28
4.1.2 Cost of large MFU with Maintenance - $1329.33
4.1.3 Cost of small printers/MFUs with Maintenance - Qty 2 - $710.84
4.1.4 PCs -Qty 5 - $848.19
4.1.5 Laptops - Qty 5 - $1250.00
4.1.6 Monitors - Qty 22 - $1268.67
4.1.7 Scanners - $740.22
4.1.8 Network hardware - $591.67
4.1.9 ICN circuit cost - $7200.00
4.1.10 All other costs that may be reimbursed in accordance with Iowa Code section
602.1303(1), Iowa Code section 602.6105(3)(b)(2), and/or other applicable state law.
4.2 Alternatives to Section 4.1 Reimbursements.
4.2.1 In lieu of reimbursement for a postage machine and postage maintenance expenses, the
City agrees to process the Court’s mail and bill the Court for the actual cost of the
postage.
4.2.2 In lieu of reimbursement for P.O. Box rental cost, IJB will have its mail sent to the City’s
P.O. Box, and the City will separate IJB’s mail for pickup by IJB staff.
4.3 Reimbursement by the County. The County agrees to reimburse and promptly pay IJB for the
following annual costs incurred by IJB for holding court in the City:
4.3.1 File stamp machine (repair or replace as needed)
4.3.2 All other costs that may be reimbursed in accordance with Iowa Code section
602.1303(1), Iowa Code section 602.6105(3)(b)(2) or other applicable state law.
4.4 Submission of Invoices. IJB will submit to the City and the County a quarterly invoice for all
reimbursable costs described herein. The City and the County will pay to IJB all costs and amounts set
forth in each quarterly invoice within thirty (30) days of the date of each invoice.
SECTION 5. TERMINATION
5.1 Termination for Breach. IJB may terminate this MOU upon written notice for either the
City’s or the County’s breach by of any material term, condition, or provision of this MOU, if such
breach is not cured within the time period specified in IJB’s notice of breach or any subsequent notice or
correspondence delivered by IJB to the breaching party, provided that cure is feasible.
5.2 Termination Due to Lack of Funds or Change in Law. Notwithstanding anything in this
MOU to the contrary, IJB may terminate this MOU without penalty or liability if: (i) any funds
(regardless of the source of funding) needed by IJB to fulfill any of its obligations hereunder are
insufficient or unavailable for any reason as determined by IJB in its sole discretion; (ii) IJB’s
authorization to engage in activities or operations related to the subject matter of this MOU is withdrawn
or materially altered or modified; or (iii) IJB’s duties, programs or responsibilities are modified or
materially altered. IJB will provide the City and the County with written notice of termination under this
Section 6.2.
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5.3 Termination Upon Written Notice. Any party may terminate this MOU at any time without
cause and for any reason by providing at least with ninety (90) days advance written notice to the other
parties. Upon termination of this MOU, possession of property shall become the property of the party that
purchased, leased, or rented the property.
5.4 Effect of Termination. If this MOU is terminated for any reason, IJB may discontinue
holding court and cease all court services in the City, and the City and the County will immediately pay
and reimburse IJB for all costs and expenses incurred by IJB and for which IJB has not received
reimbursement or payment from either the City or the County.
SECTION 6. CONTRACT ADMINISTRATION.
6.1 Supervision of IJB Personnel. The City and the County shall have no supervisory authority
or control over any IJB personnel. IJB shall have the sole authority to supervise its personnel.
6.2 Amendments. This MOU may be amended in writing from time to time by the written
agreement of the parties. All amendments to this MOU must be fully executed by the parties.
6.3 Choice of Law and Forum. The terms and provisions of this MOU shall be governed by
and construed in accordance with the laws of the State of Iowa.
6.4 Assignment and Delegation. This MOU and the obligations created hereunder may not be
assigned, transferred, delegated or conveyed by either the City or the County without the prior written
consent of IJB.
6.5 Integration. This MOU represents the entire agreement between the parties. The parties
shall not rely on any representation or verbal commitment that may have been made which is not included
in this MOU.
6.6 Severability. If any provision of this MOU is determined by a court of competent
jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or
enforceability of any other part or provision of this MOU.
6.7 Counterparts. The parties agree that the MOU has been, or may be, executed in several
counterparts, each of which shall be deemed an original and all such counterparts shall together constitute
one agreement binding on all parties, notwithstanding that all parties are not signatories to the same
counterpart. Each copy of the MOU so executed shall constitute an original.
6.8 No Separate Entity Created. No separate legal or administrative entity is created by this
MOU. No party, unless otherwise specifically provided for herein, has the authority to enter into any
contract or create an obligation or liability on behalf of, in the name of, or binding upon, another party to
this MOU.
6.9 IJB Administrator. The Chief Judge of the Court is the administrator of this MOU on
behalf of IJB. The Chief Judge may delegate any or all administrative duties pertaining to this MOU to
the district court administrator.
6.10 Joint and Several Liability. The City and the County shall be jointly and severally liable for
paying IJB all costs and expenses to be reimbursed under this MOU.
6.11 Waiver. All waivers hereunder must be made in writing by a duly authorized representative of
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the party against whom the waiver is to operate, and the failure by a party at any time to require the other
party’s performance of any obligation under the MOU shall not affect the right subsequently to require
performance of that obligation. Any waiver, in whole or in part, of any provision of this MOU shall not
be considered to be a waiver of any other provision. Any failure by either party at any time to require
performance by the other party or to claim a breach of any provision of the MOU shall not be construed
as affecting any subsequent right to require performance or to claim a breach.
6.12 Notice. Any notices permitted or required under this MOU shall be in writing and may be hand-
delivered, emailed, sent by registered or certified mail (return receipt requested), or sent by a nationally
recognized overnight courier, and shall be addressed to each party’s respective representative(s) identified
in Section 1. From time to time, the parties may change the name and address of a party designated to
receive notice. Such change of the designated person shall be in writing to the other party. Each such
notice shall be deemed to have been provided: (1) at the time it is actually received in the case of hand
delivery or email; (2) within one day in the case of overnight delivery by a nationally recognized courier
with guaranteed next-day delivery; or (3) on the date shown on the return or read receipt.
SECTION 7. EXECUTION
In consideration of the mutual covenants set forth above and for other good and valuable consideration,
the receipt, adequacy and legal sufficiency of which are hereby acknowledged by the parties, the parties
have entered into this MOU and have caused their duly authorized representatives to execute this MOU.
City of Ames
____________________________________________ _______________________
Mayor, City of Ames Date
Story County
____________________________________________ _______________________
Chairperson, Story County Supervisors Date
Judicial Branch, Second Judicial District
____________________________________________ _______________________
Adria A.D Kester, Chief Judge Second Date
Judicial Branch, Second Judicial District
____________________________________________ _______________________
Tina Thomason, District Court Administrator Date
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