PHOENIX MUNICIPAL COURT I OET TELECOM USE IGA 2022-11.DOCX

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INTERGOVERNMENTAL AGREEMENT
MARICOPA COUNTY OFFICE OF ENTERPRISE 
TECHNOLOGY TELECOM
USE AGREEMENT
BETWEEN
MARICOPA COUNTY
[Administered by its Office of Enterprise Technology Department]
and 
THE CITY OF PHOENIX MUNICIPAL COURT
THIS INTERGOVERNMENTAL AGREEMENT (“IGA” or “Agreement”) for use of 
Maricopa County phone services (hereinafter “Phone Services”) is entered by and between 
Maricopa County, a political subdivision of the State of Arizona, administered by its Office of 
Enterprise Technology Department (collectively referred to as “County”), and the City of Phoenix 
Municipal Court (“Court”) on behalf of the City of Phoenix (“City”), a municipal corporation of 
the State of Arizona.  The County and City are, at times, collectively referred to as “Parties” and 
individually as “Party.”
1.0
PURPOSE: The purpose of this Agreement is to memorialize the Parties’ rights and 
responsibilities related to the County’s provision, and the City’s use, of County Phone 
Services at the new shared County Intake, Transfer, and Release facility (“ITR”) at 2670 
W. 28th Dr., Phoenix, Arizona. 
2.0
AUTHORITY
2.1
Arizona Revised Statutes (“A.R.S.”) § 11-201(A) authorizes the Board of 
Supervisors to act on behalf of the County.
2.2
A.R.S. § 11-952 authorizes the County and City, as public agencies, to enter into 
IGAs for joint cooperative action and agreement for the operation and use of 
County Phone Services.
3.0
TERM: This Agreement is effective on the date of the last signatory’s signature 
(“Effective Date”) and terminates on June 30, 2025 (“Term”).  The Parties recognize that 
this Agreement shall commence upon the Effective Date and continue in full force and 
effect until termination in accordance with its provisions.

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4.0
AMENDMENTS: Any modification or amendment to the terms and conditions of this 
Agreement must be made by mutual written agreement signed by authorized signers for 
the Parties, including a new termination date.
5.0
RENEWAL: Upon expiration of each Term established in section 3.0, the Parties may 
renew this Agreement as many times as is desirable, but each extension expires on June 30 
of the year of expiration (“Renewal”).
6.0
DEFINITIONS
6.1
The following terms are used in this Agreement.
6.2
After Hours: Means the hours of 5 pm to 8 am Monday through Thursday, after 
5pm on Friday, all hours on Saturday, Sunday, and all County observed holidays.
6.3
County Observed Holidays: Refers to the County holidays listed on the County 
Clerk of Court website.
6.4
Extension: An individual County phone number that can be assigned to a phone or 
fax machine, or a virtual phone number (e.g., a main number that can be called and 
rings on more than one other phone) 
6.5
ITR: This is an acronym for the County’s Intake, Transfer, and Release facility 
located at 2670 W. 28th Dr. Phoenix AZ, 85009 where the Maricopa County 
Sheriff’s Office (“MCSO”) intake and several courts are located.
6.6
OET: Refers to the Office of Enterprise Technology, Maricopa County’s 
technology department responsible for the information technology infrastructure 
and services in County buildings.
6.7
OET Customer Service Center: OET’s “helpdesk’ call center used to report any 
issues or problems with the phones, or to request new services or functionality.  The 
OET Customer Service Center can be reached by calling 602-506-4357.
6.8
Phone Services: Is a reference to telephone service inclusive of a phone, a phone 
number, and associated equipment to provide telephone calling functionality.  Also 
includes add-on services like voicemail and call waiting.
6.9
Programming: Refers to the work required to design and configure services on the 
County phone system including adding extensions or features.
6.10
Telecom Services: A general term inclusive of all the services, parts, and systems 
to create a working phone system. 
6.11
Voicemail: Indicates a service that is associated with an extension wherein a caller 
can leave a voice message in the event the phone is not answered.
6.12
Users: A reference to all employees, contractors, and personnel that are using the 
provided phones and services.

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7.0
COUNTY RESPONSIBILITIES
The County agrees to perform the following services (“County Services”):
7.1
Provide Phone Services for ITR including initial set up of Phone Services required 
by the City.
7.2
Invoice Court, at the beginning of each month, for Telecom services rendered for 
the preceding month.  This invoice will include a monthly charge for all extensions 
and any extra programming or other services incurred in the preceding month.  
7.3
The monthly invoice will be billed according to the Telecom Fee Schedule in 
Appendix A.  The County may review these fees and costs at the end of the Term 
to ensure they continue to reflect the services rendered.
7.4
Maintain facilities, equipment, and trained personnel for provision of Telecom 
Services.
7.5
Provide support and troubleshooting services for the Telecom system during 
normal business hours.  All support requests should be requested from the OET 
Customer Service Center at (602) 506-4357.  After hours support requests may 
incur additional fees as described in Appendix A unless the support and 
troubleshooting services needed result from acts, actions, or circumstances that are 
not the fault of the Court or its employees.
7.6
The County reserves the right to perform regular and emergency maintenance and 
upgrade activities that may impact Phone Services at any time.  The County will, 
where possible, give notice to Users that are potentially impacted via the provided 
Court Point of Contact [see Section 8.2] and attempt to schedule during times of 
least business impact.  In the case of emergencies, technology issues, or outages 
caused by or impacting the County network or phone infrastructure notification or 
scheduling may not always be possible.
7.7
The County reserves the right to temporarily or permanently suspend, block, or 
cancel any extensions or services that are being used for purposes that are 
fraudulent, illegal, or are a security violation as determined by the County.
7.8
The County may temporarily suspend this Agreement without notice and in its sole 
discretion if the County determines:
7.8.1
The Court is non-compliant with a provision of this Agreement; or,
7.8.2
The health and safety of an employee, subcontractor, or person is in 
jeopardy.
7.8.3
A temporary suspension imposed by the County shall remain in effect 
unless and until the Court comes into compliance or until the County 
enters an order after notice. 
7.8.4
The Court shall be notified in writing of the reason for the temporary 
suspension upon issuance of the suspension and the Court shall have five

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(5) business days to respond in writing from the date of the notice. The 
notice shall comply with the Notice provisions in Section 12, below.
8.0
CITY RESPONSIBILITIES
The Court agrees to perform the following services (“Court Provided Services”):
8.1
Maintain all County provided phones and equipment in a clean and serviceable 
condition as expected in normal business use.
8.2
Designate a single point of contact to coordinate between the Court and OET 
Telecom for matters of communication, service/issue resolution, and ensuring that 
billing is reviewed for accuracy and paid in timely manner (“Court Point of 
Contact”). This Court Point of Contact may or may not be the same persons 
designated by this Agreement as the persons designated to receive notice pursuant 
to Section 12.
8.3
Pay the monthly charges for all provided Telecom equipment and services, 
including any after hours or long-distance charges in a timely manner (usually 
forty-five (45) calendar days). 
8.4
Use the County provided phones and services in a manner befitting business use 
and protect the equipment, extensions, and services from illegal or unauthorized 
use, fraud, or abuse by others. 
8.5
Provide the County with any additional information requested that is necessary to 
properly maintain, service, and secure the provided Telecom system.
8.6
Inform the County by contacting the OET Customer Service Center of any changes 
in services including reassignment of an extension to a new person, moving 
extensions to a new location within the building, cancellation, or addition of new 
extensions.  Upon contact, the OET Customer Service Center shall facilitate the 
creation of a “ticket” that describes the change(s) in service.  This is especially 
important as the County maintains records of extension assignments and locations 
for 911 purposes and must be kept up to date.
8.7
Subject to the Non-Appropriation provision of this Agreement [see Section 10], the 
Court agrees to reserve sufficient funds in fiscal budget to pay for fees and costs 
charged for services rendered and accepted pursuant to Appendix A to this 
Agreement.  
9.0
RECORDS
9.1
At minimum, the Parties shall keep the following records under this Agreement that 
are within each Party’s respective control (“Records”):
9.1.1
Phone/extension counts including details such as add-on services;
9.1.2
Call records, including incoming, outgoing, and long distance;
9.1.3
Monthly invoices; and,

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9.1.4
Any other books, accounts, reports, files, or other documents related to 
this Agreement.
9.2
The Parties shall retain Records in accordance with their applicable retention rules 
and policies. The County shall retain Records in accordance with the County 
Records Management policy, A2101. The City shall retain Records in accordance 
with the Court and citywide Retention Schedules.
9.3
The Parties waive the public records procedure for obtaining Records between 
themselves, although requests shall be made in writing to those designated as each 
Party’s respective contact in the Notice section [see Section 12] of this Agreement.
9.4
The Parties shall have full access to, and the right to examine, copy, and make use 
of all Records relevant to this Agreement no later than ten (10) business days from 
the date of written request.
9.5
The Parties acknowledge some Records may be protected from disclosure under 
Arizona law. To the extent any Records may be protected from disclosure, each 
respective Party shall consult with its legal counsel for a determination to be made 
regarding disclosure.  If Records are not to be disclosed, the non-disclosing Party 
shall provide the legal basis for non-disclosure.
10.0
NON-APPROPRIATION: Notwithstanding any other provision in this Agreement, every 
payment obligation of the City under this Agreement is conditioned upon the availability 
of funds appropriated and allocated for the payment of such obligation. If funds are not 
appropriated, allocated and available or if the appropriation is changed by the appropriating 
body resulting in funds no longer being available for the continuance of this Agreement, 
this Agreement may be terminated by the County at the end of the period for which funds 
are available.  No liability shall accrue to the City or County in the event this provision is 
exercised, and neither Party shall be obligated or liable for any future payments or for any 
damages due to termination under this section. 
11.0
AUDITS 
11.1
Each Party may audit and inspect the other Party’s work to verify compliance with 
this Agreement. 
11.2
All Records shall be subject at all reasonable times to inspection and audit by either 
Party for five years after completion of the Agreement. 
11.3
The owner of the Records shall produce requested Records as designated in this 
Agreement.
11.4
Each Party, prior to conducting an audit, must give sixty (60) calendar days’ notice 
to the other Party. Notice shall be given as provided in section 12.0.
12.0
NOTICE: Whenever written notice is required or permitted under this Agreement, such 
notice shall be deemed to have been sufficiently given if personally delivered or deposited

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in the United States mail in a properly stamped envelope – certified or registered mail, 
return receipt requested – or electronically mailed, addressed to:
COUNTY
CITY
Maricopa County Office of Enterprise Technology
c/o Ed Winfield, CIO 
301 S 4th Avenue
Phoenix, AZ 85003
Ed.Winfield@Maricopa.gov
(602) 372-1333
cc: 
Maricopa County OET
c/o Todd Bright, Deputy CIO
301 S 4th Avenue
Phoenix, AZ 85003
Todd.Bright@Maricopa.gov
(602) 506-1122
City of Phoenix
Municipal Court
c/o Katie Lavery, Court Administrator
300 W. Washington Street, 9th Floor
Phoenix, AZ  85003-2103
kathryn.lavery@phoenix.gov
(602) 262-1899 
cc:
City of Phoenix
Municipal Court
Barton J. Fears, General Counsel
300 W. Washington Street, 9th Floor
Phoenix, AZ  85003
barton.fears@phoenix.gov
(602) 262-1899
13.0
TERMINATION
13.1
Either Party may terminate this Agreement at any time without cause by giving the 
other Party ninety (90) calendar days’ written notice (“Termination”).  Termination 
will be effective on the next day after expiration of the above described ninety (90) 
day time period to include any County or City holiday, and any weekend day.
13.2
Partial termination is prohibited. 
13.3
Pursuant to the provisions of A.R.S. § 38-511, either Party may cancel this 
Agreement without penalty or obligation, if any person significantly involved in 
initiating, negotiating, securing, drafting, or creating this Agreement on behalf of 
the terminating Party is at any time while the Agreement, or any extension thereof 
is in effect, an employee or agent of the non-terminating party to the Agreement in 
any capacity with respect to the subject matter of this Agreement. 
13.4
In the event of non-payment by City, this Agreement shall terminate as of the date 
of last payment received and County and City obligations hereunder shall 
immediately cease.
13.5
Upon termination of this Agreement, all property involved will revert to the owner. 
Termination will not relieve any Party from liabilities or costs already incurred 
under this Agreement, nor affect any ownership pursuant to this Agreement.
14.0
INDEPENDENT CONTRACTOR STATUS: The Parties are independent contractors in 
relation to each other, including each Party’s respective employees, agents, and 
subcontractors.  Nothing in this Agreement will be construed to create any partnership,

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joint venture, or employment relationship between the Parties or create any employer-
employee relationship between either Party and the employees of the other.  Neither Party 
will be liable for any debts, accounts, obligations, or other liabilities, whatsoever, of the 
other.  
15.0
SUBCONTRACTING: The City shall not subcontract any portion of this Agreement to a 
subcontractor without the prior express, written consent of the County. The County 
reserves the right to reject a subcontractor if the County determines the subcontractor fails 
to comply with any term of this Agreement or if the County determines the subcontractor 
does not pass a background check or fails any other criteria related to the health or safety 
of employees.  
16.0
ASSIGNMENT: This Agreement shall not be assigned, in whole or in part, without the 
prior written consent of the Parties, and any purported assignment in contravention of this 
provision shall be null and void.
17.0
NON-DISCRIMINATION: The Parties agree to comply with all applicable state and 
federal laws, rules, regulations, and executive orders governing equal employment 
opportunity, immigration, nondiscrimination, including the Americans with Disabilities 
Act, and affirmative action.
18.0
IMMIGRATION; E-VERIFY: To the extent applicable under A.R.S. § 41-4401, the 
Parties warrant compliance, on behalf of themselves and all subcontractors, with all federal 
immigration laws and regulations relating to their employees, and, compliance with the E-
Verify requirements under A.R.S. § 23-214(A). Any Party’s breach of the above-
mentioned warranty shall be deemed a material breach of this Agreement and the non-
breaching Party may terminate this Agreement. The Parties retain the legal right to inspect 
the papers of any other Party to ensure compliance with the above-mentioned warranty. 
19.0
INDEMNIFICATION: To the fullest extent permitted under Arizona law, each Party and 
its departments, agencies, boards, commissions, officers, officials, agents, employees, and 
volunteers (as “Indemnitor”) agrees to indemnify, defend and hold harmless the other Party 
and its departments, agencies, boards, commissions, officers, officials, agents, employees, 
and volunteers (as “Indemnitee”), from and against any and all claims, actions, liabilities, 
damages, losses, costs, or expenses (including court costs, attorneys’ fees, claim 
processing) (collectively, “Claims”) arising out of bodily or personal injury of any person 
(including death) or tangible or intangible property damage, in whole or in part, by the 
negligent or willful acts or omissions of Indemnitor.  This indemnity includes any claim or 
amount arising out of or recovered under the Workers’ Compensation law. It is the specific 
intention of the Parties that the Indemnitee shall, in all instances, except for Claims arising

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solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by 
the Indemnitor against all Claims. 
20.0
PARTIAL PERFORMANCE: The failure of either Party to insist in any one or more 
instances upon the full and complete performance of any of the terms of this Agreement 
shall not be construed as a waiver or relinquishment of the right to insist upon full and 
complete performance of the same, or any other term, either in the past or in the future.
21.0
INSURANCE: The Parties agree to secure and maintain sufficient insurance coverage for 
all risks that may arise out of the terms, obligations, operations, and actions as set forth in 
this Agreement, including but not limited to public entity insurance.  The acquisition of 
insurance or the maintenance and operation of a self-insurance program may fulfill the 
insurance requirement.
22.0
HEADINGS: Sections and other headings contained in this Agreement are for reference 
purposes only and shall not affect in any way the meaning or interpretation of this 
Agreement.
23.0
ENTIRE AGREEMENT: This Agreement contains the entire agreement of the Parties 
with respect to the subject matter of this Agreement. 
24.0
APPLICABLE LAW: Each Party shall comply with all applicable laws, ordinances, 
Executive Orders, rules, regulations, standards, and codes of the Federal and State whether 
or not specifically referenced herein.
25.0
VENUE; CHOICE OF LAW
25.1
The proper venue for any proceeding arising from this Agreement shall be 
Maricopa County, Arizona. This Agreement shall be construed in accordance with 
and be governed by the laws of the State of Arizona.
25.2
This Agreement and all obligations imposed on the Parties arising under this 
Agreement shall be subject to any limitations of budget law or other applicable 
local law or regulations. No term in this Agreement shall be construed to relieve 
the Parties of any obligations or responsibilities imposed by law on the Parties. 
26.0
SEVERABILITY: If any covenant or provision of this Agreement shall be finally 
adjudicated by a court of competent jurisdiction to be invalid or unenforceable, such 
adjudication shall not affect the validity, obligation or performance of any other covenant 
or provision, or part thereof, that, in itself, is valid if such remainder conforms to the terms 
and requirements of applicable law and the intent of this Agreement.

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27.0
COUNTERPARTS: To facilitate execution, this Agreement may be executed in as many 
counterparts as required. All counterparts shall collectively constitute a single agreement.
IN WITNESS WHEREOF, the undersigned executing this Agreement on behalf of each Party 
represent and warrant that he/she is duly authorized to execute and deliver this Agreement on 
behalf of each Party and that this Agreement is binding on said Party in accordance with its terms.  
The Parties enter into this Agreement as of the date of the last signature set forth below (“Effective 
Date”).
MARICOPA COUNTY
CITY OF PHOENIX, a municipal corporation
JEFFREY BARTON, City Manager
By:
By:
Bill Gates, Chair
Maricopa County Board of Supervisors
B. Don Taylor III, Chief Presiding Judge                  
Date
Date
Attest:
Attest: 
Juanita Garza, Clerk of the Board
Phoenix City Clerk                                         Date
Date
Approved as to Form:
Undersigned counsel has reviewed the foregoing Agreement pursuant to A.R.S. § 11-952 (D) and 
have determined it is in proper form and within the powers and authority granted under the laws 
of this state to the County and City. 
Nikolaus G. Decker                           Date
Attorney for Maricopa County
Acting City Attorney                      Date

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APPENDIX A
TELECOM FEE SCHEDULE
The Board of Supervisors has authority to establish the following fees for Telecom Services 
provided at the ITR County Building. The City shall pay these fees on a monthly basis to OET via 
invoice. 
SERVICE
FEE
Voice Extension (with or without physical phone)
$26.55/each
Voicemail Box (must have Voice Extension associated with it)
$6.20/each
Domestic Toll/long-distance charges 
$0.04/min
After-Hours Fee (for urgent issues outside of normal hours)
$135/hr
Programming/Technician Fee (for additional functionality or services beyond a 
standard phone, billed in 15 min increments) 
$45/hr
Any additional parts or services (outside of a standard phone and phone service) 
to support desired services, e.g., headsets, bells, amplifiers for hard of hearing 
personnel, longer cords, call center menu’s, auto attendants, etc.
Cost + any 
applicable 
programming 
fee