2. AGMT IGA: Weekend and Holiday Municipal Court Coverage

INTERGOVERNMENTAL AGREEMENT
BETWEEN
YUMA COUNTY AND CITY OF YUMA
FOR
Weekend and Holiday Municipal Court Coverage
This Intergovernmental Agreement (“IGA” or “Agreement’”) is between Yuma County, a body
politic and corporate of the State of Arizona, (hereinafter referred to as the “County”’) and the
City of Yuma, a body politic and corporate of the State of Arizona (hereinafter referred to as the
“City”). The County and the City are sometimes referred to individually as the “Party” and
Collectively as the “parties”
RECITALS
WHEREAS, the COUNTY and CITY may contract for services and enter into agreement
with one another for joint or cooperative action pursuant (“A.R.S.”) §11.952(A)I1, et seq.;
and
WHEREAS, the CITY is required to establish a municipal Court (hereinafter referred to
as the “City Court”) pursuant to A.R.S. §22.402(A); and
WHEREAS, pursuant to A.R.S. §22.402 (C) (1) a City may enter into an
intergovernmental agreement to provide the services of a Municipal Court with a Justice
Court Initial Appearance Master in whose jurisdiction the CITY is located and the
COUNTY in which the CITY is located; and
WHEREAS, the CITY desires to have a COUNTY Justice Court Initial Appearance
Master preside over all CITY Court initial appearances occurring on Saturdays, Sundays,
and all COUNTY recognized holidays.
NOW THEREFORE, CITY and COUNTY, pursuant to the above recitals, and in consideration
of the matters and things herein set forth, do mutually agree as follows:
1, PURPOSE AND SCOPE: The purpose of this IGA is to set forth the responsibilities of
the parties for the coverage by the COUNTY Justice Court Initial Appearance Master for
all CITY Court initial appearances occurring on Saturdays, Sundays, and COUNTY
recognized holidays pursuant to Arizona Rules of Criminal Procedures 4.2 and 7.2
2. TERMS: This IGA shall commence on July 1, 2026, and shall remain in full force and
effect until June 30, 2027, unless terminated as otherwise provided in this IGA. This IGA
shall automatically be renewed and extended for up to four (4) successive one (1) year
terms (each, a “Renewal Term”) beginning on July 1, 2026 and at the expiration of each
successive term unless either Party gives written notice to the other Party no later than
sixty (60) days prior to expiration of the then-current term that such notifying Party does
not wish to renew this agreement. In such event, this Agreement shall terminate upon the
expiration of the then-current term. The Initial Term and any Renewal Term(s) are

collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of
this Agreement shall remain in full force and effect.
3. COUNTY DUTIES: The COUNTY Justice Court Initial Appearance Master will
prepare, and process all required paperwork for initial appearance of defendants brought
before the Court on Saturdays, Sundays and all COUNTY recognized holidays on
violations to be adjudicated in the CITY Court. The COUNTY Justice court initial
Appearance Master shall conduct such initial appearances in accordance with the Arizona
Rules of Criminal Procedures 4.2 and 7.2.
4. PAYMENT
a. The CITY shall pay the COUNTY $6,223.50 based upon the percentage of cases seen
by the Initial Appearance Master during the fiscal year beginning July 1, 2026, through
June 30, 2027, for court services, including but not limited to the cost of required
interpreter services, supplies and forms, rendered pursuant to this IGA. The payment of
such fees is not contingent upon the occurrences of any particular number of initial
appearances processed by COUNTY and on behalf of CITY on any given weekend or
holiday.
b. Payment will be remitted to the COUNTY within thirty (30) days of receipt of
COUNTY’s invoice.
5. TERMINATIONS: This IGA may be terminated for any reason by either party upon
sixty (60) days written notice by either party, or by mutual written agreement of the
parties. If this IGA is terminated before Term in effect at the time of notice expires, the
COUNTY shall prorate the fee set forth in section 4 of this agreement and refund to the
CITY $518.62 for each month remaining in the Term.
6. NOTICES: All notices require or permitted by this IGA shall be given by registered or
certified U.S mail, postage prepaid or personally delivered, at the address shown below.
Notices will be deemed received at the time of actual receipt, evidenced by a receipted
copy (in the case of notices that are personally delivered) or by the Postal Service receipt,
or ten (10) calendar day after mailing, whichever comes first, in case of notices that are
mailed.
CITY OF YUMA YUMA COUNTY JUSTICE COURT
ATTN: Municipal Court Attn: Justice Court Administrator
1515 S. 2" Avenue 168 s 2™ Ave Suite A
Yuma, Az. 85384 Yuma, Az. 85384
And a copy to:
City of Yuma Yuma County
Attn: City Administrator Attn: County Administrator
One City Plaza 197 S. Main Street
Yuma, AZ 85364 Yuma, AZ 85364

7, RESPONSIBILITIES: Each party agrees to be responsible for the conduct of its
operations and performance of its obligations under this IGA. To the extent allowable by
law, each party )the “indemnitor’’) agrees to Indemnify, defend, and hold the other Party,
and the other Party’s departments, agencies, agents, officials, officer’s directors,
employee, and volunteers (collectively “indemnitee”) for, from and against any and all
claims, liabilities, demands, damages, losses, and expenses, including attorney’s fee and
litigation expenses, to which Indemnitee may become subject, under any theory of
liability whatsoever, (collectively “Claims”) whether real or asserted, resulting from
and/or arising out of Indemnitor’s intentional, reckless, or negligent acts, mistakes, errors,
or omissions of Indemnitee. This indemnification provision shall apply to any and all any
intentional, reckless, or negligent acts, mistakes, directions, errors, or omissions of
Indemnitor’s department, officers, employees, contractors, and independent contractors.
8. WORKER’S COMPENSATION: An employee of either party shall be deemed to be
an “employee” of both public agencies while performing pursuant to this Agreement
solely for the purposes of A.R.S. § 23-1022 and the Arizona Worker’s Compensation
laws. The primary employer shall be solely liable for any worker’s compensation
benefits, which may accrue.
Pursuant to A.R.S. § 23-1011, each party shall post a notice in substantially the following
form:
“all employees are hereby further notified that they may be required to
work under the jurisdiction or control or within the jurisdictional
boundaries of another public agency pursuant to an intergovernmental
agreement or contract, and under such circumstances they are deemed by
the laws of Arizona to be employees of both public agencies for the
purposes of worker’s compensation.”
9, CANCELLATION FOR CONFLICT OF INTEREST: This IGA may be cancelled
pursuant to A.R.S. §38-511, the pertinent provisions of which are fully incorporated
herein by reference.
10. NON-ASSIGNABILITY: Neither party may assign a duty or responsibility under this
IGA without the prior written consent of the other party.
11. COMPLIANCE WITH NON-DISCRIMINATION LAWS: To the extent applicable,
the parties shall comply with all laws and regulations, including, but not limited to, title
VII of the Civil Rights Acts of 1964, as amended, the Age of Discrimination in
Employment Act and the State Executive Order No. 2009-09 which mandates that all
persons, regardless of race, religion, handicap, color, age, sex, political affiliation or
national origin shall have equal access to employment opportunities, all parties shall

comply with the Rehabilitation Act of 1973, as amended, which prohibits discrimination
in employment or advancement of qualified persons because of physical or mental
handicap, with all federal regulations regarding equal employment opportunity, with
relevant orders issued by the U.S. Secretary of Labor and with all applicable provisions
of the American with Disabilities Acts (Public Law 101-336, 42 U.S.C. 12101-12213)
and all applicable Federal regulations under the Act, including 28 C. F. R. parts 35 and
36.
12. E-VERIFY REQUIREMENTS:
a. To the extent applicable under A.R.S. § 41-4401, The COUNTY and CITY warrant
their compliance with all federal immigration laws and regulations that relate to their
employees and their compliance with the E-Verify requirements under A.R.S. § 23-214,
(A). A breach of this warranty shall be deemed a material breach of the of this IGA that is
subject to penalties up to and including termination of this IGA. Both the COUNTY and
CITY retain the legal right to inspect the papers of aay COUNTY and CITY employee
who provides services this IGA to ensure that the COUNTY and CITY is complying with
the warranty under this section.
b. COUNTY and CITY shall establish procedures to conduct random verification of the
employment records of government entity contractors and subcontractors to ensure that
the contractors and subcontractors are complying with their warranties.
c. COUNTY and CITY shall not deem a government entity contractor or subcontractor in
material breach of a contract if COUNTY and CITY establishes that it has complied with
the employment verification provisions prescribed by sections 274a and 274b of the
federal immigration and nationality act and the E-Verify requirements prescribed by
section 23-214, subsection A.
13. RIGHTS/OBLIGATIONS OF PARTIES ONLY: The terms of this IGA are intended
only to define the respective rights and obligations of the parties. Nothing expressed
herein shall create any rights or duties in favor of any potential third-party beneficiary or
other person, agency, or organization. Nothing expressed herein, shall affect the legal
liability of either party to this IGA by imposing any standard of care different from the
standard of care imposed by law.
14. ENTIRE IGA: This IGA contains the entire understanding of the parties and shall
supersede any and all previous agreements between the Parties regarding the weekend
initial appearance services as set forth in this IGA. There are no representations or other
provisions other than those contained herein, and any amendment or modification of this
IGA shall be made in writing and signing by the parties to the IGA.
15. SEVERABILITY: The parties agree that should any part of this IGA be held to be
invalid by a court of law, the reminder of the IGA shall remaining full force and effect
with those offending portions omitted.
16. COMPLIANCE WITH GOVERNING LAWS: The parties shall comply with all
federal, state, and local laws, Rules and Regulations, Standards and Executive Orders

without limitations to that designated within this IGA. The laws and regulations of the
State of Arizona shall govern the rights of the parties, the performance of this IGA and
any disputes hereunder. This IGA shall be construed under the laws of the State of
Arizona and shall incorporate by reference all laws governing the intergovernmental
agency agreements and mandatory contract provisions of the state agencies required by
statues and Executive Order.
17. NON-APPROPIRATION: Notwithstanding any other provision of this IGA, this IGA
may be terminated, if for any reason the CITY’s governing body does not appropriate
sufficient monies for the purpose of maintaining this IGA. A failure to appropriate
sufficient monies will not, however, relieve the CITY of its statutory responsibilities
under Arizona law.
18. NO JOINT VENTURE: It is not intended by this IGA to, and nothing contained in
this IGA shall be construed to, create any partnership, joint venture, or employment
relationship between COUNTY and CITY employees, or between CITY and COUNTY
employees. Neither party shall be held liable for any debts, accounts, obligations nor
other liabilities whatsoever of the other, including, without limitation, the other party’s
obligation to withhold social security and income taxes for itself or any of its employees.
IN WITNESS WHEROF, the parties hereto have executed the IGA on the dates written below.
YUMA COUNTY:
Martin Porchas, Chairman Date
Yuma County Board of Supervisors
Ian McGaughey Date
Yuma County Administrator
Approved as to form:
Priscilla Gunderson Date
Yuma County Attorney

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Jay Simonton Date
Interim Yuma City Administrator
Attest:
Janet Pierson Date
Yuma City Clerk
Approved as to form:
Richard W. Files Date
Yuma City Attorney