IGA MCSOPHXINVESTIGATIVESERVICE.PDF

CITY CONTRACT NO.  
 
 
 
 
INTERGOVERNMENTAL AGREEMENT BETWEEN  
THE CITY OF PHOENIX AND  
MARICOPA COUNTY  
C-50-23-____-X-00 
 
This Intergovernmental Agreement (“Agreement”) is entered into as of July 1, 2022 
(“Effective Date”), by and between the CITY OF PHOENIX (“Phoenix”), an Arizona municipal 
corporation, and Maricopa County, a political subdivision of the State of Arizona, on behalf of 
the Maricopa County Sheriff’s Office (MCSO or “Agency”).    Phoenix and MCSO are sometimes 
referred to collectively as “Parties” and individually as a “Party.” 
 
RECITALS 
 
A. 
ARIZ. REV. STAT. § 11-952(A) provides that public agencies may enter into 
intergovernmental agreements for the provision of services or for joint/cooperative actions. 
 
B. 
On July 1, 2022, Phoenix’s City Council approved Ordinance [Ordinance’s 
Number]—as required by ARIZ. REV. STAT. § 11-952(F)—which authorizes the City Manager to 
enter into this Agreement.  
 
C. 
The Parties understand the terms of this Agreement and now enter into it 
voluntarily. 
 
Now, therefore, for good and valuable consideration, Phoenix and Agency agree as follows: 
 
AGREEMENT 
 
Parties enter into this agreement concerning independent investigator service to assist with 
conflict cases for the City of Phoenix for which an external prosecuting agency has also been 
designated.   The funding period is July 1, 2022, through June 30, 2023. 
 
The Parties mutually ensure that the service for independent investigation is free of conflicts of 
interest real or perceived and the appearance of impropriety. 
 
This is a cost reimbursement agreement.   The County’s contracted costs for investigative 
services unique to this IGA will be reimbursed by the City of Phoenix.

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I. Responsibilities 
 
1. 
Phoenix’s Responsibilities.  
Phoenix’s responsibilities under this Agreement are as follows: 
 
1.1 
Phoenix will reimburse the County monthly for the cost of contracted 
external investigator services upon receipt of invoice from MCSO. 
 
1.2 
Phoenix will provide MCSO a 30-day notice if a) there is a change in 
funding availability or b) services are no longer required.  
 
2. 
MCSO’s Responsibilities.  
 
2.1 
MCSO will designate one sworn officer point of contact to support and 
facilitate the work of a contracted independent private investigator 
assigned to handle Phoenix case(s) under this IGA. 
 
2.2 
MCSO will request reimbursement monthly from Phoenix and provide  
supporting documentation for the work performed by the investigator 
such as dates, hours, travel expense, and other service expense items.   
 
II. Statutory Requirements 
 
2. 
Duration. This Agreement will expire one year from its Effective Date (above). 
 
3. 
Manner of Financing/Budgeting.  
 
3.1 
The Parties will finance this undertaking as provided in Section I above; 
the amount of the agreement shall not exceed $250,000.   
 
3.2 
Phoenix’s fiscal year begins July 1 and ends June 30 for each calendar 
year. Under ARIZ. REV. STAT. § 42-17108, Phoenix can make payment for 
services rendered—or costs committed—only during a fiscal year and for 
a period of 60 days immediately following the close of that fiscal year. 
Agency must submit billings for services performed or costs incurred 
prior to the close of a fiscal year in ample time to facilitate payment 
during this 60-day period.

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4. 
Termination. This Agreement will terminate upon the earliest occurrence of any 
of the following: 
 
4.1 
the Agreement reaches the end of its term;  
 
4.2 
all work is completed;  
 
4.3 
Phoenix pays the maximum compensation as set forth above (or as  
amended by additional compensation); or  
 
4.4 
Phoenix or MCSO terminates agreement upon furnishing the other with a  
written notice at least 30 days before the effective termination date, with 
Phoenix paying all costs that MCSO incurs in fulfilling contract terms to 
date of termination including paying for continuing investigative costs if 
Phoenix does not permit MCSO to immediately terminate work.  
 
III. Standard Terms and Conditions 
 
5. 
Recitals and Captions: The Parties acknowledge that recitals set forth above are 
true and correct, and are incorporated into this Agreement by reference. The 
captions in this Agreement are merely for reference, and not to construe or limit 
the text. 
 
6. 
Governing Law and Jurisdiction. The laws of the State of Arizona will govern this  
Agreement. Any citations to a statute in this Agreement refers to the version of 
that statute in effect when the Parties execute this Agreement. ARIZ. REV. STAT. 
§§ 12-133 and 12-1518 may require arbitration of a dispute. Otherwise, the 
dispute is subject to the jurisdiction of the Maricopa County Superior Court. 
 
7. 
Compliance with Laws. Phoenix and Agency will comply with all applicable 
federal, state, and local laws, ordinances, codes, rules, regulations, and executive 
orders, including those governing equal employment opportunity, immigration, 
nondiscrimination, and the Americans with Disabilities Act. 
 
8. 
Mutual Benefits. In making the promises contained in this Agreement, the 
Parties agree that certain benefits and advantages will accrue for each Party by 
performance of this Agreement, so they enter this Agreement in reliance on the 
mutual benefits afforded each Party.  
 
9. 
No Adverse Inference. This Agreement shall not be construed more strongly  
against one Party or the other. The Parties to this Agreement had equal access 
to, input with respect to, and influence over the provisions of this Agreement. 
Accordingly, no rule of construction which requires that any allegedly ambiguous

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provision be interpreted more strongly against one Party than the other shall be 
used in interpreting this Agreement. 
 
10. 
Successors and Assigns. The Parties bind themselves and their successors, 
assigns, and legal representatives to this Agreement’s covenants. A Party may 
not assign or otherwise transfer its interest in this Agreement without the other 
Parties’ written consent. 
 
11. 
No Agency Created. Nothing in this Agreement: (1) creates any partnership, joint 
venture, or agency relationship between the Parties; or (2) gives any right or 
cause of action for the benefit of any person, firm, organization, or corporation 
that is not a Party here. 
 
12. 
No Joint Venture.  This Agreement is not intended to constitute, create, give rise to, or 
otherwise recognize a joint venture agreement, 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 Agreement. 
 
13. 
No Third-Party Beneficiaries or Agency. Nothing in this Agreement gives any 
rights or benefits to anyone but the Parties. All duties and responsibilities 
undertaken under this Agreement are for the exclusive benefit of Phoenix and 
Agency—and not any other party. This Agreement does not create a contractual 
relationship with any third party or otherwise establish any third-party 
beneficiaries. No third party may enforce the terms and conditions of this 
Agreement.  
 
14. 
Contract Cancellation. The Parties acknowledge that this Agreement is subject  
to cancellation by the either Party pursuant to the provisions of ARIZ. REV. STAT. § 
38-511.   
 
15. 
No Payment of Consideration for Agreement. Phoenix and Agency warrant that 
they have not paid or given—and will not pay or give—any third person any 
money or other consideration for obtaining this Agreement. 
 
16. 
Entire Agreement. This Agreement expresses the full agreement and 
understanding of the Parties, superseding all prior written or oral 
communications. 
 
17. 
Modification. No supplement, modification, or amendment of this Agreement’s 
terms are effective unless in writing and signed by the Parties. 
 
18. 
Severability. If any provision or application of this Agreement is invalid or illegal,

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then the Agreement’s remainder endures unaffected and enforceable to the 
fullest extent permitted by law—so long as the severability does not defeat this 
Agreement’s fundamental purposes. 
 
19. 
Counterparts. The Parties may sign this Agreement in counterparts, and each 
counterpart will be effective and enforceable as though it were the original 
agreement. 
 
20. 
Authority.  Each Party represents and warrants that: (a) the person signing this 
Agreement on the Party’s behalf is duly authorized and empowered to enter into 
and execute the Agreement; and (b) all persons or entities affiliated with the 
Party are bound by the terms of this Agreement. 
 
21. 
Default. In the event of default under this Agreement, the non-defaulting Party 
will have all rights and remedies available to it at law or in equity. The exercise 
by any Party of one or more such rights or remedies will not preclude that Party 
from exercising—at a different time—any other rights or remedies for the same 
default or any other default by the defaulting Party. 
 
22. 
Nonliability of Officials and Employees. In the event of any default or breach by 
Phoenix or Agency, no official or employee of Phoenix or Agency will be 
personally liable for any payments or other obligations due under this 
Agreement. 
 
23. 
No Waiver. A Party may not construe the failure or delay of another Party to  
enforce—or require performance of—any of this Agreement’s provisions to be a 
waiver of that provision. Such failure or delay will not affect the validity of any 
part of this Agreement or the rights of the Parties to enforce every provision.  
 
24. 
Additional Documents/Actions. The Parties agree to execute and deliver all  
documents and take all actions reasonably necessary to implement and enforce 
this Agreement.  
 
IV. Special Terms and Conditions 
 
25. 
Indemnity. Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold 
harmless the other Party (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 out of bodily injury of 
any person (including death) or property damage, but only to the extent that 
such Claims which result in vicarious/derivative liability to the Indemnitee are 
caused by the act, omission, negligence, misconduct, or other fault of the 
Indemnitor, its officers, officials, agents, employees, or volunteers.

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IGA City of Phoenix and Maricopa County 
Investigative Service 
 
 
 
In witness whereof, Phoenix and Agency, having carefully read and reviewed the 
foregoing paragraphs, have executed this Agreement to be effective on the date first written 
above.  
 
MARICOPA COUNTY 
A Political Subdivision of the State of 
CITY OF PHOENIX, AN ARIZONA  
Arizona 
 MUNICIPAL CORPORATION 
 
 
 Jeffrey Barton, City Manager 
 
 
By:  
  
 
        Bill Gates, Chairman 
 Cris Meyer 
        Board of Supervisors 
   City Attorney 
 
 
 
ATTEST: 
 ATTEST: 
 
 
 
  
 
Clerk of the Board 
 City Clerk 
 
 
APPROVED AS TO FORM: 
 APPROVED AS TO FORM: 
 
 
 Cris, Meyer, City Attorney 
 
 
 
  
 
Deputy County Attorney 
 Julie Kriegh 
 
 Chief Assistant City Attorney

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INTERGOVERNMENTAL AGREEMENT DETERMINATION 
 
 
In accordance with the requirements of A.R.S. § 11-952(D), each of the undersigned 
attorneys acknowledge: (1) that they have reviewed the above Agreement on behalf of their 
respective clients; and (2) that, as to their respective clients only, each attorney has determined 
that this Agreement is in proper form and is within the powers and authority granted under the 
laws of the State of Arizona. 
 
 
______________________________  
______________________________ 
Attorney for PHOENIX                                                     Attorney for Maricopa  County