COMPLETE_WITH_DOCUSIGN_2845_RESOLUTION_2024- (1).PDF

RESOLUTION NO. 2024-24 
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF 
FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, APPROVING 
AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA 
COUNTY (AND THE MARICOPA COUNTY SHERRIF’S OFFICE), BY 
AND THROUGH THE MARICOPA COUNTY JUSTICE COURT 
(“JUSTICE COURTS” OR “MCJC”). 
WHEREAS, 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; 
and 
WHEREAS, 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 (also called the “Watkins Jail”) at 3333 Watkins 
St, Phoenix, AZ 85009; and 
WHEREAS, this IGA formalizes and updates the existing arrangements that have been 
in place since 2016 regarding utilization of Justice Court personnel and the Maricopa 
County Justice Court Video Appearance Center; and  
WHEREAS, the Town of Fountain Hills Municipal Court uses said services in the 
course of operations. 
BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE 
TOWN OF FOUNTAIN HILLS as follows: 
SECTION 1. That the Town, through its Mayor and Council, hereby approves the 
Intergovernmental Agreement (the "Agreement"), in substantially the form 
attached hereto as Exhibit A. 
SECTION 2. Pursuant to the terms of the Agreement, the Town hereby authorizes the 
expenditure of $3,000 per year, and a cumulative total of not more than 
$3,000 and XX/100 ($3,000). 
SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney 
are hereby authorized and directed to cause the execution of the Agreement 
and to take all steps necessary to carry out the purpose and intent of this 
Resolution. 
[Signatures on following page] 
DocuSign Envelope ID: 94A869E5-6AD2-4BAB-953E-34BC88BD4573

PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain 
Hills, Maricopa County, Arizona, this ____day of ___, 2024. 
 
 
FOR THE TOWN OF FOUNTAIN HILLS: 
  
ATTESTED TO: 
 
____________________________  
 
 
__________________________ 
Ginny Dickey, Mayor  
 
 
 
 
Linda Mendenhall, Town Clerk 
 
 
REVIEWED BY: 
  
APPROVED AS TO FORM: 
 
_______________________________ 
 
 
_____________________________ 
Rachael Goodwin, Town Manager 
 
 
 
Aaron D. Arnson, Town Attorney 
Aaron Arnson (Jun 12, 2024 13:27 PDT)
Aaron Arnson
Rachael Goodwin (Jun 19, 2024 13:42 PDT)
Rachael Goodwin
Ginny Dickey (Jun 19, 2024 17:51 PDT)
Ginny Dickey
DocuSign Envelope ID: 94A869E5-6AD2-4BAB-953E-34BC88BD4573

INTERGOVERNMENTAL AGREEMENT BETWEEN 
MARICOPA COUNTY THROUGH THE  
MARICOPA COUNTY JUSTICE COURTS  
[AND MARICOPA COUNTY SHERIFF’S OFFICE] AND THE TOWN OF FOUNTAIN HILLS 
REGARDING OPERATION AND SHARED USE OF  
THE MARICOPA COUNTY JUSTICE COURT VIDEO APPEARANCE CENTER 
C-##-##-###-X-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 Fountain Hills, an Arizona municipal corporation, (“entity”) 
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 operation and shared use of 
the Maricopa County Justice Court Video Appearance center.  
 
1. 
INTRODUCTION 
 
Arizona law, ARS 11-951, et. seq. authorizes the various political subdivisions of the State to enter into 
agreements 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 Jail (also 
called the Watkins Jail) – 3333 Watkins St, 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. 
 
Therefore, in consideration of the mutual promises and obligations set forth in this IGA, the parties 
enter into this agreement as detailed below. 
 
2. 
TERM 
 
The initial term of this agreement shall be for 1 year with three (3) annual automatic renewals unless 
sooner terminated by either party pursuant to the provisions of this agreement. 
  
 
This agreement shall be automatically renewed and extended for subsequent additional one-year terms, 
unless previously terminated by either party. 
 
DocuSign Envelope ID: 94A869E5-6AD2-4BAB-953E-34BC88BD4573

In recognition of and deference to the budgeting needs and obligations of the parties, any party wishing 
to terminate the provisions of this agreement 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 THE TOWN OF FOUNTAIN HILLS 
In consideration of the services provided by Maricopa County, each fiscal year the Town of Fountain Hills 
will reimburse MCJC Administration for total salaries and employee related expenses for the MCJC VAC 
court staff proportional to the total IAHs 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 (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 the negligent 
performance of this IGA, 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. 
 
3. 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. Separate Identities of 
the two Individual courts are to be retained. This agreement is intended to eliminate or mitigate the 
application of court personnel and facilities and to provide for the use of the MCJC VAC for the 
coordination of all Initial Arraignment Hearings (IAH) that will be conducted at the MCJC VAC. In all 
instances where the MCJC 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 Town of Fountain Hills 
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. The Town of Fountain Hills 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. 
 
5. Each Party to this Agreement warrants compliance with the Immigration and Nationality Act (INA using 
E-verify) 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 
DocuSign Envelope ID: 94A869E5-6AD2-4BAB-953E-34BC88BD4573

remain in effect through the term of this Agreement. Each Party and its subcontractors shall also maintain 
Employment Eligibility Verification forms (I-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 Agreement 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. I-9 forms are available for 
download at USCIS.GOV. Each Party retains the legal right to inspect contractor and subcontractor 
employee documents performing work under this Agreement to verify compliance with this Agreement. 
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 noncompliance may be considered a 
material breach of this Agreement 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 Agreement 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 Agreement. Upon request, [The 
Town of Fountain Hills] shall produce original of any and all such records and shall be subject at all times 
to Inspection and audit by either party, the Superior Court Presiding Judge for Maricopa County, and the 
Arizona Supreme Court. 
 
8. Any litigation arising from the agreement 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 
Agreement 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 Parties and requires 
Maricopa County Board and [The Town of Fountain Hills] Council approval. 
 
11. 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 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 initiating, 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. 
 
12. This IGA is effective when signed by the Parties. This Agreement 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.  
 
DocuSign Envelope ID: 94A869E5-6AD2-4BAB-953E-34BC88BD4573

13. 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. 
 
14. 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. 
 
15. Any provision of this IGA which is determined to be invalid, void or illegal shall in no way affect, impair 
or invalidate any other provision hereof, and remaining provisions shall remain in full force and effect. 
 
16. 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. 
 
17. This Agreement will automatically renew for up to two, one-year terms following the Initial Term, 
unless either Party provides notice to terminate, per Section 10, above. 
 
10. 
This agreement constitutes the entire agreement of the parties relating to the subject matter 
detailed herein. No amendment or modification of the terms of this agreement shall be of any force and 
effect unless approved by the Maricopa County Board of Supervisors, the Town of Fountain Hills, and 
the Presiding Justice of the Peace for Maricopa County. The parties agree that should any part of this 
agreement be held invalid or void the remainder of the agreement shall remain in full force and effect 
and shall be binding upon the parties. 
 
12.  
NOTICES 
 
All notices, requests for payment, or other correspondence between the parties regarding this 
agreement 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 
 
The parties have executed this agreement on the date written below, 
DocuSign Envelope ID: 94A869E5-6AD2-4BAB-953E-34BC88BD4573

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: 
 
 
______________________________ 
Davina Bressler, Maricopa County Attorney’s Office 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
DocuSign Envelope ID: 94A869E5-6AD2-4BAB-953E-34BC88BD4573

IGA approved by the Town of Fountain Hills 
 
TOWN OF FOUNTAIN HILLS, ARIZONA, 
A municipal corporation 
 
 
 
_____________________________ 
 
__________________ 
 Judge Robert Melton, Presiding Magistrate 
Date 
 
BY: 
 
 
_____________________________ 
 
__________________ 
 Ginny Dickey, Mayor 
 
 
 
Date 
 
ATTEST: 
 
 
 
______________________________ 
 
___________________ 
Town Clerk  
 
 
APPROVED AS TO FORM: 
 
 
 
______________________________ 
Town Attorney 
 
 
 
 
Aaron Arnson (Jun 12, 2024 13:27 PDT)
Aaron Arnson
R Melton (Jun 18, 2024 21:24 PDT)
R Melton
06/18/2024
Ginny Dickey (Jun 19, 2024 17:51 PDT)
Ginny Dickey
06/19/2024
06/19/2024
DocuSign Envelope ID: 94A869E5-6AD2-4BAB-953E-34BC88BD4573

SAMPLE LETTER FOR CHARGES 
Date 
 
Attn: Municipality Representative 
 
RE: 
lntergovernmental Agreement between Maricopa County and ??? Regarding the Administration 
of the Maricopa County Justice Courts Video Appearance Center (MCJC VAC) 
 
Dear  
 
Attached, per the terms of our agreement signed ???, is a schedule of the charges for court staff for 
Fiscal Year ??? (July 1, ???? through June 30, ????), and the reimbursement rate and amount due the 
Maricopa County Justice Courts by ???? 
 
l have included the total amount of IAHs filed during Fiscal Year ??? for your information. This 
information shows the ratio of ??? IAHs (6.03%) to all other IAHs (93.97%) for Fiscal Year ????, and the 
calculation of the reimbursement due to the Maricopa County Justice Courts by ????. 
 
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, 
 
?????? 
 
 
 
DocuSign Envelope ID: 94A869E5-6AD2-4BAB-953E-34BC88BD4573

MARICOPA COUNTY JUSTICE COURTS 
 
Sample IGA / VAC  
Reimbursement Costs for Municipal Court Staff Expenses  
______________________________________________________________________________                   
 
Personnel Services    (Based on 2088 hours - all four positions are 3.5 FTEs)  
 
Name  
         
Position              Hourly      
Total 
 
         
 
Ct Manager    
34.17               
$71,347 
 
 
 
Clerk 
 
25.11  
$52,430 
 
 
 
Clerk 
 
24.81  
$51,803 
 
 
 
.5 Clerk  
20.81  
$21,726 
 
 
 
 
 
 
 
$197,306 
 
Total Filings – Fiscal Year 
 
 
 
% Total 
Fountain Hills  
 
 
39 
 
0.91% 
MCJC 
 
 
 
 
3923 
 
91.8% 
Other Municipalities 
 
 
311 
 
7.3% 
 
 
 
Total Filings 
 
 
 
4273 
 
100.0% 
 
Total Staff Salary and Benefits Reimbursement Due ($ 197,306  X 0.91%)  
$1,795 
 
*Note:  Sample was based off FY23 fillings 
 
DocuSign Envelope ID: 94A869E5-6AD2-4BAB-953E-34BC88BD4573

2845_Resolution_2024-24_-_Video_Appearance
_Court
Final Audit Report
2024-06-20
Created:
2024-06-12
By:
Robert Durham (rdurham@fountainhillsaz.gov)
Status:
Signed
Transaction ID:
CBJCHBCAABAAYG7rlUQyzOHm4_aoVJ-UyR5IUPjGOeWd
"2845_Resolution_2024-24_-_Video_Appearance_Court" History
Document created by Robert Durham (rdurham@fountainhillsaz.gov)
2024-06-12 - 5:21:51 PM GMT- IP address: 184.178.192.162
Document emailed to Paul Soldinger (psoldinger@fountainhillsaz.gov) for approval
2024-06-12 - 5:25:25 PM GMT
Email viewed by Paul Soldinger (psoldinger@fountainhillsaz.gov)
2024-06-12 - 5:25:33 PM GMT- IP address: 52.202.236.132
Document approved by Paul Soldinger (psoldinger@fountainhillsaz.gov)
Approval Date: 2024-06-12 - 8:05:06 PM GMT - Time Source: server- IP address: 184.178.192.162
Document emailed to aaron@piercecoleman.com for signature
2024-06-12 - 8:05:09 PM GMT
Email viewed by aaron@piercecoleman.com
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Signer aaron@piercecoleman.com entered name at signing as Aaron Arnson
2024-06-12 - 8:27:51 PM GMT- IP address: 98.172.91.98
Document e-signed by Aaron Arnson (aaron@piercecoleman.com)
Signature Date: 2024-06-12 - 8:27:53 PM GMT - Time Source: server- IP address: 98.172.91.98
Document emailed to rmelton@fountainhillsaz.gov for signature
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Email viewed by rmelton@fountainhillsaz.gov
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DocuSign Envelope ID: 94A869E5-6AD2-4BAB-953E-34BC88BD4573

Email viewed by rmelton@fountainhillsaz.gov
2024-06-15 - 11:02:36 PM GMT- IP address: 52.202.236.132
Email viewed by rmelton@fountainhillsaz.gov
2024-06-19 - 3:47:23 AM GMT- IP address: 52.202.236.132
Signer rmelton@fountainhillsaz.gov entered name at signing as R Melton
2024-06-19 - 4:24:56 AM GMT- IP address: 4.36.124.188
Document e-signed by R Melton (rmelton@fountainhillsaz.gov)
Signature Date: 2024-06-19 - 4:24:58 AM GMT - Time Source: server- IP address: 4.36.124.188
Document emailed to Rachael Goodwin (rgoodwin@fountainhillsaz.gov) for signature
2024-06-19 - 4:25:00 AM GMT
Email viewed by Rachael Goodwin (rgoodwin@fountainhillsaz.gov)
2024-06-19 - 4:25:10 AM GMT- IP address: 3.232.50.116
Document e-signed by Rachael Goodwin (rgoodwin@fountainhillsaz.gov)
Signature Date: 2024-06-19 - 8:42:23 PM GMT - Time Source: server- IP address: 184.178.192.162
Document emailed to gdickey@fountainhillsaz.gov for signature
2024-06-19 - 8:42:25 PM GMT
Email viewed by gdickey@fountainhillsaz.gov
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Signer gdickey@fountainhillsaz.gov entered name at signing as Ginny Dickey
2024-06-20 - 0:51:24 AM GMT- IP address: 68.2.112.40
Document e-signed by Ginny Dickey (gdickey@fountainhillsaz.gov)
Signature Date: 2024-06-20 - 0:51:26 AM GMT - Time Source: server- IP address: 68.2.112.40
Document emailed to Linda Mendenhall (lmendenhall@fountainhillsaz.gov) for signature
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Email viewed by Linda Mendenhall (lmendenhall@fountainhillsaz.gov)
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Document e-signed by Linda Mendenhall (lmendenhall@fountainhillsaz.gov)
Signature Date: 2024-06-20 - 0:53:54 AM GMT - Time Source: server- IP address: 98.161.157.183
Agreement completed.
2024-06-20 - 0:53:54 AM GMT
DocuSign Envelope ID: 94A869E5-6AD2-4BAB-953E-34BC88BD4573