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INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY THROUGH THE MARICOPA COUNTY JUSTICE COURTS [AND MARICOPA COUNTY SHERIFF’S OFFICE] AND [THE TOWN OF PARADISE VALLEY] 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 [The Town of Paradise Valley], 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. 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 Paradise Valley] In consideration of the services provided by Maricopa County, each fiscal year [The Town of Paradise Valley] 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 Paradise Valley] 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 Paradise Valley] 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 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 Paradise Valley] 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 Paradise Valley] 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. 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 Paradise Valley], 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, 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 IGA approved by the Town of Paradise Valley TOWN OF PARADISE VALLEY, ARIZONA, A municipal corporation _____________________________ __________________ Tyrrell Taber , Presiding Magistrate Date BY: _____________________________ __________________ Jerry Bien-Willner , Mayor Date ATTEST: ______________________________ ___________________ Town Clerk Date APPROVED AS TO FORM: ______________________________ Town Attorney 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, ??????