Agreement

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INTERGOVERNMENTAL AGREEMENT BETWEEN  
MARICOPA COUNTY THROUGH THE MARICOPA COUNTY JUSTICE COURTS  
AND EL MIRAGE CITY COURT  
REGARDING OPERATION AND SHARED USE OF 
THE MARICOPA COUNTY JUSTICE COURT VIDEO APPEARANCE CENTER 
 
 
This INTERGOVERNMENTAL AGREEMENT (“IGA”) is entered into by and between MARICOPA 
COUNTY, a political subdivision of the State of Arizona, on behalf of the MARICOPA COUNTY JUSTICE COURTS 
("Justice Courts" or “MCJC”) and the CITY OF EL MIRAGE, an Arizona municipal corporation, ("City" or “El Mirage 
City Court”) collectively referred to as the "Parties." Under A.R.S. § 11-952, which authorizes public agencies 
to enter into Intergovernmental Agreements, the Parties enter into this IGA regarding the operation and 
shared use of the Maricopa County Justice Court Video Appearance Center. 
 
RECITALS 
 
Arizona law, A.R.S. § 11-951, et. seq. authorizes the various political subdivisions of the State to enter 
into IGAs to provide for the joint exercise of their respective governmental powers for the public benefit. 
 
Maricopa County Justice Court Administration (“MCJC Administration”) is the administrative 
department within Maricopa County currently reporting to, and providing administrative support to, all of 
the justice courts located throughout Maricopa County. 
 
Maricopa County provides funding and other resources, so that MCJC Administration can staff and 
operate a Video Appearance Center (VAC) located inside the Intake, Transfer, and Release Jail (“Watkins Jail”), 
3333 Watkins St, Phoenix AZ 85009. 
 
The purpose of this IGA is to continue to provide for the common administration and operation of the 
VAC to the greatest extent possible under the laws of the State of Arizona by eliminating or mitigating the 
duplication of court personnel and facilities and providing for the use of the VAC for the coordination of all 
Initial Arraignment Hearings (“IAH”) that will be conducted at the Watkins Jail. 
 
This IGA formalizes and updates the existing arrangements that have been in place since 2016 regarding 
utilization of Justice Court personnel. 
 
Now, therefore, in consideration of the foregoing recitals, which are incorporated herein by reference, 
the following mutual covenants and conditions, and other good and valuable consideration, the receipt 
and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:

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AGREEMENT 
 
1. TERM.  The initial term of this IGA shall be for one (1) year, commencing on July 1, 2023 and ending 
June 30, 2024, unless terminated by either party pursuant to the provisions of this IGA. This IGA shall be 
automatically renewed and extended for additional one-year terms, unless terminated by either party 
pursuant to the provisions of this IGA. 
 
2. OVERALL SCOPE OF WORK.  Maricopa County Justice Courts Video Appearance Center, through 
MCJC Administration, shall provide all facilities and resources for the El Mirage City Court, including 
personnel, administration, supervision, furniture, fixtures, telephones, office equipment, and 
supplies in case management and processing of city court cases related to the VAC. MCJC will 
ensure all laws and procedures are followed involving Judgment and Sentence Orders including but 
not limited to fingerprints and when necessary, provide access to private attorney consultations and 
ability for parties to have language assistance. Language Assistance is to be provided by the El 
Mirage City Court. Only single fingerprint capabilities are available at this time. 
 
3. RESPONSIBILITY OF THE EL MIRAGE CITY COURT.  In order to ensure an efficient and timely process, 
the El Mirage City Court is to respond in a timely manner to VAC correspondence. The El Mirage City 
Court is expected to respond the day prior to scheduled hearings to verify that MCSO inmate 
transports match their expected inmate hearings. If the day prior to a scheduled hearing is a 
holiday, the El Mirage City Court will confirm expected inmate hearings on the Thursday of the week 
prior. The Court is closed every Friday. All Court Hearing Documentation (prepared by the El Mirage 
City Court) must be provided to the VAC within one hour from the court hearing.    
4. TERMINATION.  
4.1.  
Termination for Convenience.  Either party may terminate this Agreement for 
convenience by providing the other party with written notice a minimum of 30 days prior to the 
termination.  MCJC shall be paid for all undisputed services performed due as of the termination 
date.  
4.2.  
Termination for Default.  If either party fails to perform any obligation pursuant to this 
IGA and such party fails to cure its nonperformance within 30 days after notice of nonperformance 
is given by the non-defaulting party, such party will be in default. In the event of such default, the 
non-defaulting party may terminate this Agreement immediately for cause. If the nature of the 
defaulting party’s nonperformance is such that it cannot be reasonable cured within 30 days, then 
the defaulting party will have such additional periods of time as may be reasonably necessary 
under the circumstances, provided the defaulting party immediately (A) provides written notice 
to the non-defaulting party; and (B) commences to cure its nonperformance and thereafter 
diligently continues to completion the cure of its nonperformance. In no event shall any such cure 
period exceed 90 days. In the event of such termination for cause, payment shall be made to MCJC 
for the undisputed portion of its fees due as of the termination date.  
4.3.  
Cancellation for Conflict of Interest. Notice is given that pursuant to A.R.S. § 38-511 the 
Parties may cancel this IGA without penalty or further obligation within three years after 
execution of the IGA, if any person significantly involved in initiating, negotiating, securing, 
drafting or creating the IGA on behalf of the Parties is at any time while the IGA or any extension 
of the IGA is in effect, an employee or agent of any other party to the IGA in any capacity or 
consultant to any other Party of the IGA with respect to the subject matter of the IGA. Additionally, 
pursuant to A.R.S § 38-511 the Parties may recoup any fee or commission paid or due to any person 
significantly involved in initiating, negotiating, securing, drafting or creating the IGA on behalf of

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the Parties from either Party to the IGA arising as the result of the IGA. 
4.4.   
Agreement Subject to Appropriation.  This IGA is subject to the provisions of ARIZ. CONST. 
ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106.  The provisions of this IGA for payment of funds by 
the City shall be effective when funds are appropriated for purposes of this IGA and are actually 
available for payment.  The City shall be the sole judge and authority in determining the 
availability of funds under this IGA and the City shall keep MCJC fully informed as to the availability 
of funds for this IGA. The obligation of the City to make any payment pursuant to this IGA is a 
current expense of the City, payable exclusively from such annual appropriations, and is not a 
general obligation or indebtedness of the City.  If the City Council fails to appropriate money 
sufficient to pay the amounts as set forth in this IGA during any immediately succeeding fiscal 
year, this IGA shall terminate at the end of then-current fiscal year and the City and MCJC shall be 
relieved of any subsequent obligation under this IGA. 
4.5.  
Property. Upon termination, all property or equipment used by the parties in the 
performance of their responsibilities under this IGA shall remain the property of the party that 
purchased the property or equipment. 
 
5. PAYMENT.  
 
5.1. 
In consideration of the services provided by Maricopa County Justice Courts Video 
Appearance Center, each fiscal year the City of El Mirage will reimburse MCJC Administration for total 
salaries and employee-related expenses for the Video Appearance Center court staff proportional to 
the total case filings for the fiscal year between the Justice Court and the El Mirage City Court.  Payment 
shall be made no later than the last day of each July for the previous fiscal year. MCJC shall provide 
the City with a 90-day notice of any fee increases. 
 
5.2. 
The Parties agree there are no amounts due to MCJC by the City for previous use of the VAC. 
 
6. INDEMNIFICATION. Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless the 
other Party and its officers, officials, employees and agents (collectively, as "indemnitee") from and 
against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) 
(hereinafter collectively referred to as "claims") arising from any act, omission, negligence, misconduct, or 
other fault of the Indemnitor, its officers, agents, employees, or volunteers in connection with work or 
responsibilities performed pursuant to this IGA.  
 
7. INSURANCE. The Parties mutually agree to provide for their respective financial responsibilities with 
respect to liability arising out of this Agreement through either the purchase of insurance or the 
provision of a self-funded insurance program.  The Parties shall be fully responsible for any workers’ 
compensation claims made by an individual determined to be an employee of that Party. 
 
8. GENERAL PROVISIONS.  
 
8.1.  
No Partnership. This IGA is not intended to constitute, create, give rise to, or otherwise 
recognize a joint venture IGA, partnership or other formal business association or organization of 
any kind, and the right and obligations of the Parties shall be only those expressly set forth in 
this IGA. Separate identities of the two individual courts are to be retained. Parties acknowledge 
that under this IGA no employee or participant of the El Mirage City Court is to be considered a 
County employee, and that no rights of County merit, County retirement, or County personnel

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rules shall accrue to such individual. The El Mirage City Court shall have total responsibility for El 
Mirage City Court employee salaries, wages, bonuses, retirement, withholdings, workman's 
compensation, occupational disease compensation, unemployment compensation, other 
employee benefits, and all taxes and premiums appurtenant thereto concerning such individuals 
and shall save and hold MCSO harmless with respect thereto. 
8.2.  
Immigration Law Compliance Warranty.  As required by A.R.S. § 41-4401, the Parties 
hereby warrant its compliance with all federal immigration laws and regulations that relate to its 
employees and A.R.S. § 23-214(A). The Parties further warrants that after hiring an employee, 
Consultant verifies the employment eligibility of the employee through the E-Verify program.  If 
Consultant uses any Subconsultants in performance of the Work, Subconsultants shall warrant 
their compliance with all federal immigration laws and regulations that relate to its employees 
and A.R.S. § 23-214(A), and Subconsultants shall further warrant that after hiring an employee, 
such Subconsultant verifies the employment eligibility of the employee through the E-Verify 
program. Town retains the legal right to inspect the papers of any Consultant or SubConsultant 
employee who works on the Agreement to ensure that the Consultant or SubConsultant is 
complying with the warranty.  Any inspection will be conducted after reasonable notice and at 
reasonable times. If state law is amended, the parties may modify this paragraph consistent 
with state law. 
8.3.  
Non-Discrimination. The Parties to this Agreement shall comply with all applicable 
provisions of state and federal non-discrimination laws and regulations which mandates 
that all persons, regardless of race, religion, sex, age, national origin or political affiliation 
shall have equal access to employment opportunities and all other federal and state 
employment and educational opportunity laws, rules and regulations, including the 
Americans with Disabilities Act. No Party shall engage in any form of illegal discrimination. 
 
8.4.  
Compliance with Laws. The Parties shall comply with all applicable federal state and 
local laws, rules and regulations, standards and executive orders when acting under this 
Agreement. Any changes in applicable governing laws, rules and regulations during the 
terms of this Agreement shall apply, but do not require an amendment. 
 
8.5.  
Records Retention. Parties shall comply with Arizona Code of Judicial Administration 
(ACJA) § 4-302 Limited Jurisdiction Courts Records Retention and Disposition Schedule, as 
applicable to work performed under this IGA. 
8.6.  
Jurisdiction and Venue. The laws of the State of Arizona shall govern this Agreement. 
Venue will be in the Maricopa County Superior Court. In the event of any litigation or 
arbitration arising out of this Agreement, the substantially prevailing Party in such litigation 
or arbitration shall be entitled to recover its reasonable attorney fees, expert witness fees 
and other costs of litigation. This IGA is subject to the provisions of A.R.S. § 12-1518 relating to 
the use of arbitration. 
8.7.  
Dispute Resolution. In the event of any dispute, claim question or disagreement missing 
from or relating to this Agreement or the breach thereof the Parties hereto shall use their best 
efforts to settle the dispute claim question or disagreement.  To this effect, they shall consult 
and negotiate with each other in good faith and recognizing their mutual interests attempt to 
reach a just and equitable solution satisfactory to both Parties.   
8.8.  
Headings. The captions contained in this Agreement are merely a reference and are not 
to be used to constitute or limit the text.

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8.9.  
Amendment. This IGA may be amended only by the mutual written consent of authorized 
representatives for all Parties and requires Maricopa County Board and El Mirage City Council 
approval, and the Presiding Justice of the Peace for Maricopa County. 
 
8.10.  Counterparts. This IGA is effective when signed by the Parties. This IGA may be executed 
in two or more counterparts, each of which shall be deemed an original but all of which together 
shall constitute the same instrument. Faxed, copied, electronic and scanned signatures are 
acceptable as original signatures. 
 
8.11.  Entire Agreement. This document is the complete and exclusive statement of 
understanding between the Parties, and it supersedes all proposals, oral or written, and other 
documents or communications between the Parties relative to the subject matter herein 
covered, unless such documents or communications are specifically included by reference. 
 
8.12.  Severability. If any term, covenant, condition or provision of this IGA is held by a court of 
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions 
hereof shall remain in full force and effect and shall in no way be affected, impaired or 
invalidated. 
 
8.13.  No Waiver. Waiver of any breach of any term, conditions or covenant herein contained 
shall not be deemed to be a waiver of any subsequent breach of any term, covenant or condition 
herein. 
 
9. NOTICES 
 
All notices, requests for payment, or other correspondence between the parties regarding this IGA shall 
be mailed or delivered to the respective parties at the following addresses: 
Originals to: 
 
Maricopa County Justice Courts  
222 N. Central Ave. Suite 210 
Phoenix AZ 85392 
 
With copies to: 
Maricopa County Board of Supervisors 10th Floor  
301 W. Jefferson 
Phoenix, AZ 85003 
 
Maricopa County Department of Finance  
301 W. Jefferson, Suite 960 
Phoenix, AZ 85003 
 
El Mirage City Court  
14010 N. El Mirage Rd., Suite C  
El Mirage, AZ 85335

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The parties have executed this IGA on the date written below,  
REQUIRED SIGNATURE BLOCKS AND SIGNATURES SECTION 
IGA approved by the Maricopa County Board of Supervisors 
BY: 
 
    
 
 
 
Chairman, Board of Supervisors 
ATTEST:
Date:   
 
 
 
 
     
 
 
 
 
  Clerk of the Board  
 
 
This Agreement is in proper legal form and is within the powers and authority granted under the laws 
of this state to the Party represented by the undersigned legal counsel. 
 
 
 
 
 
 
 
Davina Bressler, Maricopa County Attorney’s Office 
 
 
IGA approved by the El Mirage City Council 
 
 
 
 
 
 
 
 
 
Alexis A. Hermosillo, Mayor  
 
 
 
 
 
 
 
 
ATTEST: 
 
 
 
 
 
 
 
Sharon Antes, City Clerk 
 
 
 
 
 
 
 
This Agreement is in proper legal form and is within the powers and authority granted under the laws 
of this state to the Party represented by the undersigned legal counsel.

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EXHIBIT A 
SAMPLE LETTER FOR CHARGES 
Date 
 
Attn: Municipality Representative 
 
RE:  Intergovernmental Agreement between Maricopa County and the City of El Mirage, 
Arizona, Regarding the Administration of the Maricopa County Justice Courts Video Appearance 
Center (MCJC VAC) 
Dear 
 
Attached, per the terms of our IGA signed ________________2023, is a schedule of the charges for 
court staff Fiscal Year 2023-2024 (July 1, 2023 through June 30, 2024), and the reimbursement 
rate and amount due the Maricopa County Justice Courts by the City of El Mirage, Arizona. 
 
I included the total amount of IAHs filed during Fiscal Year 2023-2024 for your information. This 
information shows the ratio of IAHs (6.03%) to all other IAHs (93.97%) for Fiscal Year 2023-2024, and 
the calculation of the reimbursement due to the Maricopa County Justice Courts by the City of El 
Mirage, Arizona. 
 
Please remit the Total Staff Salary and Benefits Due of 
You may send a check to my attention, payable as follows: 
Maricopa County Justice Courts 
222 N. Central Avenue, Suite 210 
Phoenix,AZ85004  
Sincerely, 
CITY OF EL MIRAGE, ARIZONA 
 
By 
 
Its