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INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY THROUGH THE MARICOPA COUNTY JUSTICE COURTS
AND EL MIRAGE CITY COURT
REGARDING OPERATION AND SHARED USE OF
THE MARICOPA COUNTY JUSTICE COURT VIDEO APPEARANCE CENTER
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" or “MCJC”) and the CITY OF EL MIRAGE, an Arizona municipal corporation, ("City" or “El Mirage
City Court”) 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 the operation and
shared use of the Maricopa County Justice Court Video Appearance Center.
RECITALS
Arizona law, A.R.S. § 11-951, et. seq. authorizes the various political subdivisions of the State to enter
into IGAs to provide for the joint exercise of their respective governmental powers for the public benefit.
Maricopa County Justice Court Administration (“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 (“Watkins Jail”),
3333 Watkins St, Phoenix AZ 85009.
The purpose of this IGA is 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 by eliminating or mitigating the
duplication of court personnel and facilities and providing for the use of the VAC for the coordination of all
Initial Arraignment Hearings (“IAH”) that will be conducted at the Watkins Jail.
This IGA formalizes and updates the existing arrangements that have been in place since 2016 regarding
utilization of Justice Court personnel.
Now, therefore, in consideration of the foregoing recitals, which are incorporated herein by reference,
the following mutual covenants and conditions, and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
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AGREEMENT
TERM. The initial term of this IGA shall be for one (1) year, commencing on July 1, 2023 and ending
June 30, 2024, unless terminated by either party pursuant to the provisions of this IGA. This IGA shall be
automatically renewed and extended for additional one-year terms, unless terminated by either party
pursuant to the provisions of this IGA.
OVERALL SCOPE OF WORK. Maricopa County Justice Courts Video Appearance Center, through
MCIC Administration, shall provide all facilities and resources for the El Mirage City Court, including
personnel, administration, supervision, furniture, fixtures, telephones, office equipment, and
supplies in case management and processing of city court cases related to the VAC. MCIC will
ensure all laws and procedures are followed involving Judgment and Sentence Orders including but
not limited to fingerprints and when necessary, provide access to private attorney consultations and
ability for parties to have language assistance. Language Assistance is to be provided by the El
Mirage City Court. Only single fingerprint capabilities are available at this time.
RESPONSIBILITY OF THE EL MIRAGE CITY COURT. In order to ensure an efficient and timely process,
the El Mirage City Court is to respond in a timely manner to VAC correspondence. The El Mirage City
Court is expected to respond the day prior to scheduled hearings to verify that MCSO inmate
transports match their expected inmate hearings. If the day prior to a scheduled hearing is a
holiday, the El Mirage City Court will confirm expected inmate hearings on the Thursday of the week
prior. The Court is closed every Friday. All Court Hearing Documentation (prepared by the El Mirage
City Court) must be provided to the VAC within one hour from the court hearing.
TERMINATION.
4.1. Termination for Convenience. Either party may terminate this Agreement for
convenience by providing the other party with written notice a minimum of 30 days prior to the
termination. MCIJC shall be paid for all undisputed services performed due as of the termination
date.
4.2. Termination for Default. If either party fails to perform any obligation pursuant to this
IGA and such party fails to cure its nonperformance within 30 days after notice of nonperformance
is given by the non-defaulting party, such party will be in default. In the event of such default, the
non-defaulting party may terminate this Agreement immediately for cause. If the nature of the
defaulting party’s nonperformance is such that it cannot be reasonable cured within 30 days, then
the defaulting party will have such additional periods of time as may be reasonably necessary
under the circumstances, provided the defaulting party immediately (A) provides written notice
to the non-defaulting party; and (B) commences to cure its nonperformance and thereafter
diligently continues to completion the cure of its nonperformance. In no event shall any such cure
period exceed 90 days. In the event of such termination for cause, payment shall be made to MCJC
for the undisputed portion of its fees due as of the termination date.
4.3. Cancellation for Conflict of Interest. Notice is given that pursuant to A.R.S. § 38-511 the
Parties may cancel this IGA without penalty or further obligation within three years after
execution of the IGA, if any person significantly involved in initiating, negotiating, securing,
drafting or creating the IGA on behalf of the Parties is at any time while the IGA or any extension
of the IGA is in effect, an employee or agent of any other party to the IGA in any capacity or
consultant to any other Party of the IGA with respect to the subject matter of the IGA. 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 IGA on behalf of
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the Parties from either Party to the IGA arising as the result of the IGA.
4.4. Agreement Subject to Appropriation. This IGA is subject to the provisions of ARIZ. CONST.
Art. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this IGA for payment of funds by
the City shall be effective when funds are appropriated for purposes of this IGA and are actually
available for payment. The City shall be the sole judge and authority in determining the
availability of funds under this IGA and the City shall keep MCIC fully informed as to the availability
of funds for this IGA. The obligation of the City to make any payment pursuant to this IGA is a
current expense of the City, payable exclusively from such annual appropriations, and is not a
general obligation or indebtedness of the City. If the City Council fails to appropriate money
sufficient to pay the amounts as set forth in this IGA during any immediately succeeding fiscal
year, this IGA shall terminate at the end of then-current fiscal year and the City and MCIJC shall be
relieved of any subsequent obligation under this IGA.
4.5. Property. Upon termination, all property or equipment used by the parties in the
performance of their responsibilities under this IGA shall remain the property of the party that
purchased the property or equipment.
5. PAYMENT.
5.1. In consideration of the services provided by Maricopa County Justice Courts Video
Appearance Center, each fiscal year the City of El Mirage will reimburse MCJC Administration for total
salaries and employee-related expenses for the Video Appearance Center court staff proportional to
the total case filings for the fiscal year between the Justice Court and the El Mirage City Court. Payment
shall be made no later than the last day of each July for the previous fiscal year. MCJC shall provide
the City with a 90-day notice of any fee increases.
5.2. The Parties agree there are no amounts due to MCIC by the City for previous use of the VAC.
6. INDEMNIFICATION. 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, liability, costs, or expenses (including reasonable attorney's fees)
(hereinafter collectively referred to as "claims") arising from any act, omission, negligence, misconduct, or
other fault of the Indemnitor, its officers, agents, employees, or volunteers in connection with work or
responsibilities performed pursuant to this IGA.
7. INSURANCE. The Parties mutually agree to provide for their respective financial responsibilities with
respect to liability arising out of this Agreement through either the purchase of insurance or the
provision of a self-funded insurance program. The Parties shall be fully responsible for any workers’
compensation claims made by an individual determined to be an employee of that Party.
8. GENERAL PROVISIONS.
8.1. No Partnership. 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 Parties shall be only those expressly set forth in
this IGA. Separate identities of the two individual courts are to be retained. Parties acknowledge
that under this IGA no employee or participant of the El Mirage City Court is to be considered a
County employee, and that no rights of County merit, County retirement, or County personnel
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rules shall accrue to such individual. The El Mirage City Court shall have total responsibility for El
Mirage City Court employee 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.
8.2. Immigration Law Compliance Warranty. As required by A.R.S. § 41-4401, the Parties
hereby warrant its compliance with all federal immigration laws and regulations that relate to its
employees and A.R.S. § 23-214(A). The Parties further warrants that after hiring an employee,
Consultant verifies the employment eligibility of the employee through the E-Verify program. If
Consultant uses any Subconsultants in performance of the Work, Subconsultants shall warrant
their compliance with all federal immigration laws and regulations that relate to its employees
and A.R.S. § 23-214(A), and Subconsultants shall further warrant that after hiring an employee,
such Subconsultant verifies the employment eligibility of the employee through the E-Verify
program. Town retains the legal right to inspect the papers of any Consultant or SubConsultant
employee who works on the Agreement to ensure that the Consultant or SubConsultant is
complying with the warranty. Any inspection will be conducted after reasonable notice and at
reasonable times. If state law is amended, the parties may modify this paragraph consistent
with state law.
8.3. Non-Discrimination. The Parties to this Agreement shall comply with all applicable
provisions of state and federal non-discrimination laws and regulations which mandates
that all persons, regardless of race, religion, sex, age, national origin or political affiliation
shall have equal access to employment opportunities and all other federal and state
employment and educational opportunity laws, rules and regulations, including the
Americans with Disabilities Act. No Party shall engage in any form of illegal discrimination.
8.4. Compliance with Laws. The Parties shall comply with all applicable federal state and
local laws, rules and regulations, standards and executive orders when acting under this
Agreement. Any changes in applicable governing laws, rules and regulations during the
terms of this Agreement shall apply, but do not require an amendment.
8.5. Records Retention. Parties shall comply with Arizona Code of Judicial Administration
(AGJA) § 4-302 Limited Jurisdiction Courts Records Retention and Disposition Schedule, as
applicable to work performed under this IGA.
8.6. Jurisdiction and Venue. The laws of the State of Arizona shall govern this Agreement.
Venue will be in the Maricopa County Superior Court. In the event of any litigation or
arbitration arising out of this Agreement, the substantially prevailing Party in such litigation
or arbitration shall be entitled to recover its reasonable attorney fees, expert witness fees
and other costs of litigation. This IGA is subject to the provisions of A.R.S. § 12-1518 relating to
the use of arbitration.
8.7. Dispute Resolution. In the event of any dispute, claim question or disagreement missing
from or relating to this Agreement or the breach thereof the Parties hereto shall use their best
efforts to settle the dispute claim question or disagreement. To this effect, they shall consult
and negotiate with each other in good faith and recognizing their mutual interests attempt to
reach a just and equitable solution satisfactory to both Parties.
8.8. Headings. The captions contained in this Agreement are merely a reference and are not
to be used to constitute or limit the text.
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8.9. Amendment. This IGA may be amended only by the mutual written consent of authorized
representatives for all Parties and requires Maricopa County Board and El Mirage City Council
approval, and the Presiding Justice of the Peace for Maricopa County.
8.10. Counterparts. This IGA is effective when signed by 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
shall constitute the same instrument. Faxed, copied, electronic and scanned signatures are
acceptable as original signatures.
8.11. Entire Agreement. 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.
8.12. Severability. 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.
8.13. No Waiver. 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.
9. 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:
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
El Mirage City Court
14010 N. El Mirage Rd., Suite C
El Mirage, AZ 85335
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The parties have executed this IGA 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:
Clerk of the Board
This Agreement is in proper legal form and is within the powers and authority granted under the laws
of this state to the Party represented by the undersigned legal counsel.
Davina Bressler, Maricopa County Attorney’s Office
IGA approved by the El Mirage City Council
osillo, Mayor
leaden PLLC
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EXHIBIT A
SAMPLE LETTER FOR CHARGES
Date
Attn: Municipality Representative
RE: Intergovernmental Agreement between Maricopa County and the City of El Mirage,
Arizona, Regarding the Administration of the Maricopa County Justice Courts Video Appearance
Center (MCJC VAC)
Dear
Attached, per the terms of our IGA signed 2023, is a schedule of the charges for
court staff Fiscal Year 2023-2024 (July 1, 2023 through June 30, 2024), and the reimbursement
rate and amount due the Maricopa County Justice Courts by the City of El Mirage, Arizona.
| included the total amount of IAHs filed during Fiscal Year 2023-2024 for your information. This
information shows the ratio of [AHs (6.03%) to all other [AHs (93.97%) for Fiscal Year 2023-2024, and
the calculation of the reimbursement due to the Maricopa County Justice Courts by the City of El
Mirage, 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,AZ85004
Sincerely,
CITY OF EL MIRAGE, ARIZONA
By.
Its
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