IGA_VAC_SIGNED BY MCAO AND WICKENBURG 10.20.22.PDF

INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY THROUGH THE
MARICOPA COUNTY JUSTICE COURTS
AND WICKENBURG MUNICIPAL COURT
REGARDING OPERATION AND SHARED USE OF
THE MARICOPA COUNTY JUSTICE COURT VIDEO APPEARANCE CENTER
C-HH-HE-THHEX-00

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”) and the TOWN OF WICKENBURG, an Arizona municipal corporation, (“entity”)
collectively referred to as the “Parties.” Under A.RS, § 11-952, which authorizes public agencies to enter
Into Intergovernmental Agreements, the Parties enter into this IGA regarding operation and shared use
of the Maricopa County Justice Court Video Appearance center,

1, INTRODUCTION

Arizona law, A.R.S, § 11-951, et, seq. authorizes the various political subdivisions of the State to enter
into IGAs for the purpose of providing for the joint exercise of their respective governmental powers for
the public benefit.

Maricopa County Justice Court (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 Facllity,
2670 S, 28"" Drive, Phoenix, AZ 85009,

It is the Intent and desire of the parties 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.

This IGA formalizes and updates the existing arrangements that have been in place since 2016 regarding
utilization of Justice Court personnel.

Therefare, in consideration of the mutual promises and obligations set forth in this IGA, the parties
enter into this IGA as detalled below.

2. TERM

The initlal term of this IGA shall be for one (1) year with three (3) annual automatic renewals unless
sooner terminated by elther party pursuant to the provislons of this IGA,

This IGA shall be automatically renewed and extended for subsequent additional one-year terms, unless
previously terminated by either party.

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in recognition of and deference to the budgeting needs and obligations of the parties, any party wishing
to terminate the provisions of this IGA shall provide a written notice by certified mail to the other not
later than the last business day of January of the calendar year in which such termination shall take
effect. No such termination shall take effect until the first day of July following the provision of such
notice.

3, RESPONSIBILITIES OF WICKENBURG MUNICIPAL COURT

In consideration of the services provided by Maricopa County, each fiscal year Wickenburg Municipal
Court will reimburse MCJC Administration for total salaries and employee related expenses for the MCIC
VAC court staff proportional to the total (AHs for the year between the Justice court and the municipal
court as detailed in exhibit A, Payment shall be made no later than the last day of each July for the
previous fiscal year,

The Parties agree:
1, There are no amounts due Maricopa County for previous use of the Video Appearance Center.

2. 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, lability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively
referred to as “claims") arising out of the negligent performance of this IGA by the indemnitor, but only
to the extent that such claims which result in vicarious/derivative iability to the indemnitee are caused
by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials,
agents, employees, or volunteers. ,

3. 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 Partles shall be only those expressly set forth in this IGA. Separate Identities of the
two Individual courts are to be retained, This IGA Is Intended to eliminate or mitigate the application of
court personnel and facilities and to provide for the use of the MCIC VAC for the coordination of all
Initial Arraignment Hearings (JAH) that will be conducted at the MCIC VAC. In all instances where the
MCIC VAC is used by the municipality, however, the municipality is responsible for paying the expense
of the judicial staff assigned to the MCJC VAC,

4, Parties acknowledge that under this IGA no employee or participant of the Wickenburg Municipal
Court Is to be considered a County employee, and that no rights of County merit, County retirement, or
County personnel rules shall accrue to such individual, Wickenburg Municipal Court shall have total
responsibility for all 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,

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5. Each Party to this IGA warrants compliance with the Immigration and Nationality Act (INA using E-
verlfy) and all other federal immigration laws and regulations related to the immigration status of its
employees and A.R.S. §23-214(A). Each Party shall obtain statements from its subcontractors certifying
compliance and shall furnish the statements to the other Party upon request. These warranties shall
remain In effect through the term of this IGA. Each Party and its subcontractors shall also maintain
Employment Eligibility Verification forms (1-9) as required by the Immigration Reform and Control Act of
1986, as amended from time to time, for all employees performing work under this IGA and verify
employee compliance using the E-verify system and shall keep a record of the verification for the
duration of the employee’s employment or at least three years, whichever is longer. |-9 forms are
avallable for download at USCIS.GOV. Each Party retains the legal right to inspect contractor and
subcontractor employee documents performing work under this [GA to verify compliance with thls IGA.
Each Party and its subcontractors shall be given reasonable notice of the other Party's intent to Inspect
and shall make the documents available at the time and date specified, Should either Party find that the
other Party or any of its subcontractors are not In compliance; such honcompliance may be considered a
material breach of this IGA and may pursue any and all remedies allowed by law. Nothing set out herein
shall make any subcontractor an agent or employee of either Party.

6, Each party shall comply with all applicable laws, ordinances, executive orders, rules, regulations,
standards, and codes of the federal, state, and local government whether or not specifically referenced
herein, The Parties agree that there will be no discrimination as to race, sex, religion, color, age, creed,
or national origin in regard to obligations, work, and services performed under the terms of any contract
ensuing from this engagement. The Parties will comply with the Executive Order No. 11246, entitled
“Equal Employment Opportunity” and as amended by Executive Order No, 11375, as supplemented by
the Department of Labor Regulations (41 CFR, Part 60).

7. In accordance with A.R.S, § 35-214, all books, accounts, reports, files, electronic data, and other
records relating to this IGA shall be retained and subject at all reasonable times to inspection and audit
by the State of Arizona for five (5) years after completion of this IGA. Upon request, Wickenburg
Municipal Court shall produce original of any and all such records and shall be subject at all times to
Inspection and audit by either party, the Supertor Court Presiding Judge for Maricopa County, and the
Arizona Supreme Court.

8. Any litigation arising from the IGA or the performance thereof will be decided in the federal courts In
Phoenix or In state courts of Maricopa County unless otherwise agreed to between the Parties. The laws
of the State of Arizona shall govern the construction and interpretation of this IGA. This IGA Is subject to
the provisions of A.R.S, § 12-1518 relating to the use of arbitration. This IGA may be amended only by
the mutual written consent of authorized representatives for all Partles and requires Maricopa County
Board and Wickenburg Town Council approval.

9. Notice Is given that pursuant to A.R.S. § 38-511 the Parties may cancel any contract without penalty
or further obligation within three years after execution of the contract, if any person significantly
involved In Initiating, negotiating, securing, drafting or creating the contract on behalf of the Parties is at
any time while the contract or any extension of the contract is in effect, an employee or agent of any
other party to the contract in any capacity or consultant to any other Party of the contract with respect

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to the subject matter of the contract. 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 initlating, negotiating,
securing, drafting or creating the contract on behalf of the Parties from either Party to the contract
arising as the result of the Contract.

10. This IGA is effective when signed hy 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 shail constitute the
same instrument. Faxed, copled, electronic and scanned signatures are acceptable as original signatures.

11. This document is the complete and exclusive statement of understanding between the Parties, and it
supersedes ail 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,

12. 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.

13. Any provision of this iGA which is determined to be invalid, vold or Illegal shail in no way affect,
impair or invalidate any other provision hereof, and remaining provisions shall remain in full force and
effect.

14. 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.

15. This {GA will automatically renew for up to three (3), one-year terms following the Initial Term,
unless either Party provides notice to terminate, per Section 9, above.

16. This IGA constitutes the entire IGA of the parties relating to the subject matter detailed herein.
No amendment or modification of the terms of this IGA shall be of any force and effect unless approved
by the Maricopa County Board of Supervisors, the Wickenburg Municipal Court, and the Presiding
Justice of the Peace for Maricopa County. The parties agree that should any part of this IGA be held
invalid or void the remainder of the IGA shall remain in full force and effect and shall be binding upon
the parties,

17, 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:

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Originals to:

Maricopa County Justice Courts
222 N. Central Ave,

Sulte 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

Town of Wickenburg Municipal Court

155 N. Tegner Street, Sulte B

Wickenburg, AZ 85390

The parties have executed this [GA on the date written below,

REQUIRED SIGNATURE BLOCKS AND SIGNATURES SECTION

IGA approved by the Maricopa County Board of Supervisors

BY:

Date:
Chairman, Board of Supervisors
ATTEST:

Date:

Clerk of the Board

APPROVED AS TO FORM:

10/20f/2zZ

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IGA approved by the Town of Wickenburg

TOWN OF WICKENBURG, ARIZONA,
a municipal corporation

Ao Hltow 10/19/2022

Sherri T Rollison, Presiding Magistrate Date

ae)
Jo-[er2e

Rui Pereira, Mayor Date

ATTEST: () Bre

Amy Brown, Town Clerk

APPROVED AS TO FORM:

ates

Srish stlibe an, Town Attorney
Plerce caltnan Plc

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EXHIBIT A

SAMPLE LETTER FOR CHARGES
Date

Attn: Municipality Representative

RE: Intergovernmental Agreement between Maricopa County and the Town of Wickenburg, Arizona,
Regarding the Administration of the Maricopa County Justice Courts Video Appearance Center (MCIJC
VAC)

Dear

Attached, per the terms of our IGA signed 2022, is a schedule of the charges for court staff for
Fiscal Year 2022-2023 (July 1, 2022 through June 30, 2023), and the reimbursement rate and amount
due the Maricopa County Justice Courts by the Town of Wickenburg, Arizona,

l included the total amount of iAHs filed during Fiscal Year 2022-2023 for your Information. This
information shows the ratio of IAHs (6,03%) to all other [AHs (93.97%) for Fiscal Year 2022-2023, and the

calculation of the relmbursement due to the Maricopa County Justice Courts by the Town of
Wickenburg, 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, AZ 85004

Sincerely,

TOWN OF WICKENBURG, ARIZONA

By

Its

4885-3608-2341, v. 4

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VY HELLOSIGN

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AUDIT TRAIL DATE FORMAT

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SENT

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VIEWED

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SIGNED

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COMPLETED

10/49/2022
00:26:38 UTC

10/19/2022
19:02:37 UTC

10/19 / 2022
19:03:10 UTC

10/19/2022
19:03:10 UTC

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Updated IGA for Video Jail Appearances

IGA Video Court.pdf
e9f2f366751b63ab5171a71e81 2bceabO3ed86de
MM/DD/YYYY

@ Signed

Sent for signature to Sherri Rollison
(srollison@courts.az.gov) from rgmarquez@courts.az.gov
IP: 67.131.20.6

Viewed by Sherri Rollison (srollison@courts.az.gov)
IP: 172.56.80.228

Signed by Sherri Rollison (srollison@courts.az.gov)
IP: 172.56.80.228

The document has been completed.