IGA MARICOPA COUNTY AND PUBLIC DEFENDERS OFFICE 20220707.PDF

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 PUBLIC DEFENDER’S OFFICE

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
Public Defender’s Office 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

5.0

6.0

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.

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”).

DEFINITIONS

6.1
6.2

6.3

6.4

6.5

6.6

6.7

6.8

6.9

6.10

6.11

6.12

The following terms are used in this Agreement.

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.
County Observed Holidays: Refers to the County holidays listed on the County
Clerk of Court website.

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)

ITR: This is an acronym for the County’s Intake, Transfer, and Release facility
located at 2670 W. 28" Dr. Phoenix AZ, 85009 where the Maricopa County
Sheriff's Office (“MCSO”) intake and several courts are located.

OET: Refers to the Office of Enterprise Technology, Maricopa County’s
technology department responsible for the information technology infrastructure
and services in County buildings.

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.

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.

Programming: Refers to the work required to design and configure services on the
County phone system including adding extensions or features.

Telecom Services: A general term inclusive of all the services, parts, and systems
to create a working phone system.

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.

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

7.2

7.3

7.4

7.5

7.6

7.7

7.8

Provide Phone Services for ITR including initial set up of Phone Services required
by the City.
Invoice City Public Defender, 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.
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.
Maintain facilities, equipment, and trained personnel for provision of Telecom
Services.
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 City Public Defender or its employees.
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
City Public Defender 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.
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.
The County may temporarily suspend this Agreement without notice and in its sole
discretion if the County determines:
7.8.1 The City Public Defender 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 City Public Defender comes into compliance or until
the County enters an order after notice.

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7.8.4 The City Public Defender shall be notified in writing of the reason for
the temporary suspension upon issuance of the suspension and the Court
shall have five (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 City Public Defender agrees to perform the following services (“City Public Defender
Provided Services”):

8.1

8.2

8.4

8.5

8.6

8.7

Maintain all County provided phones and equipment in a clean and serviceable
condition as expected in normal business use.

Designate a single point of contact to coordinate between the City Public Defender
and OET Telecom for matters of communication, service/issue resolution, and
ensuring that billing is reviewed for accuracy and paid in timely manner (“City
Public Defender Point of Contact”). This City Public Defender 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.

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).

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.

Provide the County with any additional information requested that is necessary to
properly maintain, service, and secure the provided Telecom system.

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.

Subject to the Non-Appropriation provision of this Agreement [see Section 10], the
City Public Defender 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”):

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10.0

11.0

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,

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 City Public Defender 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.

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.

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.

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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
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 City of Phoenix

c/o Ed Winfield, CIO Public Defender’s Office

301 S 4th Avenue c/o Salvador Obregon Jr.

Phoenix, AZ 85003 300 W. Washington Street, 4th Floor
Ed. Winfield@Maricopa.gov Phoenix, AZ 85003

(602) 372-1333 Salvador.obregon@phoenix.gov

ce: (602) 262-6723

Maricopa County OET

c/o Todd Bright, Deputy CIO
301 S 4th Avenue

Phoenix, AZ 85003
Todd.Bright@Maricopa.gov
(602) 506-1122

13.0 TERMINATION

13.1

13.2
13.3

13.4

13.5

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.
Partial termination is prohibited.

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.

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.

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.

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14.0

15.0

16.0

17.0

18.0

19.0

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,
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.

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.

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.

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.

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.

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

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20.0

21.0

22.0

23.0

24.0

25.0

26.0

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
solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by
the Indemnitor against all Claims.

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.

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.

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.

ENTIRE AGREEMENT: This Agreement contains the entire agreement of the Parties
with respect to the subject matter of this Agreement.

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.

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.

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

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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.

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

By:

CITY OF PHOENIX, a municipal corporation
JEFFREY BARTON, City Manager

wv yLts w—\ Jul 5, 2022

Bill Gates, Chair
Maricopa County Board of Supervisors

David Ward Date
Director, Public Defender’s Office

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.

Julie pies Ma, 2022 12:53 PDT) Jul 6, 2022

Nikolaus G. Decker Date

Attorney for Maricopa County

Julie Kriegh
Chief Assistant 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) $23.59/each
Voicemail Box (must have Voice Extension associated with it) $7.10/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 $45/hr

standard phone, billed in 15 min increments)
Any additional parts or services (outside of a standard phone and phone service) | Cost + any
to support desired services, e.g., headsets, bells, amplifiers for hard of hearing | applicable

personnel, longer cords, call center menu’s, auto attendants, etc. programming
fee

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