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Maricopa County — Formal (2017-06-21)

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INTERGOVERNMENTAL AGREEMENT
Between
THE OFFICE of the ARIZONA ATTORNEY GENERAL,
ARIZONA DEPARTMENT OF ADMINISTRATION and the SUPERIOR
COURT OF ARIZONA in MARICOPA COUNTY
and
MARICOPA COUNTY
THIS AGREEMENT is made and entered into by and between the Office of the
Arizona Attorney General, the Department of Administration, and the Superior
Court of Arizona in Maricopa County, hereinafter referred to as “the State,” and
Maricopa County, Arizona, a political subdivision, hereinafter referred to as “the
County” (collectively, “the Parties”).
WHEREAS, the Attorney General is responsible for providing legal services to
state agencies pursuant to A.R.S. § 41-192 and the Arizona Department of
Administration, Risk Management Division, is responsible for handling state
employee workers’ compensation claims pursuant to A.R.S. § 41-621 and the
Maricopa County Risk Management Department is responsible for handling county
employee workers’ compensation claims pursuant to A.R.S. § 11-981. The Parties
are authorized to enter into this Agreement pursuant to A.R.S. § 11-952; and
WHEREAS, this Agreement is a continuation of the same arrangement amongst
the Parties - without lapse - as set forth in the Intergovernmental Agreement dated
June 21, 1995, as amended on January 17, 2007; and
WHEREAS, the Parties agree that this Agreement will be a cost effective measure
for both Parties;
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the Parties
as follows:
1. PURPOSE
Case law has determined that certain agencies and functions once considered to
be within the purview of County government do in fact fall under the control
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and responsibility of the State. See State v. Pima County Adult Probation
Dep’t, 147 Ariz. 146 (App. 1985). Until 1986, the County afforded workers’
compensation coverage and related legal representation to these agencies and
functions. It is the purpose of this Agreement to provide that these services be
afforded by the County rather than by the State.
2. SCOPE
This Agreement is intended to provide that the County in place of the State
shall administer a workers’ compensation program on behalf of the State with
respect to employees of the Superior Court of Arizona in Maricopa County
(including Juvenile Court Centers, Adult Probation Department, Law Library,
Court Department of Administration & Office of the Jury Commissioner,
Conciliation Court, Office of Clerk of the Superior Court, and Automated Court
System, hereinafter referred to as “affected agencies”). The County shall be
responsible for (i) obtaining and administering workers’ compensation
coverage, including, but not limited to, case management and payment of
claims; (ii) representation in all workers’ compensation actions; and (iii) all
legal advice and representation relating to workers’ compensation issues. The
Superior Court agrees to promptly report all work-related illnesses and
accidents/injuries relating to employees of the affected agencies to the County’s
Risk Management Department. The Superior Court also agrees to make every
reasonable effort to return injured employees of affected agencies to modified
duty following a work-related accident/injury. The County reserves the right to
inspect the affected agencies of Superior Court’s premises and operations and
give reports to the Superior Court on the safety conditions found at the
worksites of affected agencies, but is not obligated to conduct any such
inspections or provide any such reports.
3. TERM OF AGREEMENT
The term of this Agreement is ten (10) years, beginning July 2, 2016 and ending
July 1, 2026, unless terminated earlier pursuant to paragraphs 4, 8, 10, or 13
below. This Agreement shall become effective as of the date it is fully executed
by the Parties. Not less than thirty (30) days prior to the expiration of this
Agreement the Parties shall confer with each other, as well as with those
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agencies affected by this Agreement, and determine if written consent to
continue the Agreement will be forthcoming.
4. CANCELLATION
Either Party may elect to cancel this Agreement. Prior to notice of cancellation,
the cancelling party must advise and confer with the other Party. Notice of
cancellation of this Agreement shall be given to the other Party in writing no
less than sixty (60) days prior to the effective date of the cancellation.
5. COVERAGE AND PAYMENT
The County agrees to include the affected agencies in its insurance and/or self-
insurance programs and to cover all workers’ compensation losses according to
the terms of its program. The affected agencies shall contribute, as do other
departments of County Government, from their budgets to the County
insurance/self-insurance program an amount calculated by the County’s Risk
Management Department or designee based upon the affected agencies’ loss
history and actual salary adjusted by the National Council on Compensation
Insurance (NCCI) classification system. The amount of said contribution, the
determination of what constitutes a covered event of an employee, and the
disbursement of funds contributed shall be the sole prerogative of the County
according to and consistent with the policies which govern its insurance/self-
insurance program. The County will provide an identical coverage for those
agencies as would the State, for workers’ compensation.
6. INDEMNIFICATION
The Arizona Department of Administration, the Superior Court and the County
(each party as “Indemnitor”) agree to defend, indemnify, 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. The State of Arizona is
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self-insured per A.R.S. § 41-621 and the County is self-insured per A.R.S. § 11-
981.
7. MAINTAINING AND PRODUCING RECORDS
Pursuant to A.R.S. §§ 35-214 and 35-215, the County shall retain, and shall
require all of its subcontractors to retain for inspection and audit by the State all
books, accounts, reports, files, and other records relating to the bidding and
performance of this Agreement for a period of (5) five years after its
completion. All records shall be subject to inspection and audit by the State of
Arizona at reasonable times. Upon request by the State of Arizona, the County
shall produce the original of any or all such records at an office designated by
the State of Arizona.
8. CANCELLATION FOR CONFLICT OF INTEREST
Pursuant to A.R.S. § 38-511, the State, its political subdivisions or any
department or agency of either may, within three years after its execution,
cancel any Agreement, without penalty or further obligation, made by the State,
its political subdivisions, or any of the departments or agencies of either if any
person significantly involved in initiating, negotiating, securing, drafting or
creating the Agreement on behalf of the State, its political subdivisions or any
of the departments or agencies of either is, at any time while the Agreement or
any extension of the Agreement is in effect, an employee or agent of any other
Party to the Agreement in any capacity or a consultant to any other Party of the
Agreement with respect to the subject matter of the Agreement.
9. USE OF ARBITRATION
The Parties to this Agreement agree to resolve all disputes arising out of or
relating to this Agreement through arbitration, after exhausting applicable
administrative review, to the extent required by A.R.S. § 12-1518, except as
may be required by other applicable statutes.
10. NON-AVAILABILITY OF FUNDS
Every payment obligation of the Parties under this Agreement is conditioned
upon the availability of funds continuing to be appropriated or allocated for the
payment of such obligation. If funds are not allocated and available for the
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continuance of the Agreement, this Agreement may be terminated at the end of
the period for which funds are available. No liability shall accrue to any Party in
the event this provision is exercised, and no Party shall be obligated or liable for
any future payments or for any damages as a result of termination under this
paragraph.
11. GOVERNING LAW
This Agreement shall be governed, construed, and enforced in accordance with
the laws of the State of Arizona.
12. NON-DISCRIMINATION
The Parties shall comply with Executive Order 2009-9, which mandates that all
persons, regardless of race, color, religion, sex, age, or national origin shall
have equal access to employment opportunities, and all other applicable state
and Federal employment laws, rules, and regulations, including the Americans
with Disabilities Act. The Parties shall take affirmative action to ensure that
applicants for employment and employees are not discriminated against due to
race, creed, color, religion, sex, national origin or disability.
13. VERIFICATION REGARDING COMPLIANCE with A.R.S. § 41-4401
The Parties warrant compliance with all Federal immigration laws and
regulations relating to employees and warrants its compliance with Section
A.R.S. § 23-214, Subsection A. (That subsection reads in part: “After
December 31, 2007, every employer, after hiring an employee, shall verify the
employment eligibility of the employee through the e-verify program.”) A
breach of a warranty regarding compliance with immigration laws and
regulations shall be deemed a material breach of the Agreement and the
violating party may be subject to penalties up to and including termination of
the Agreement.
14. AMENDMENTS AND MODIFICATIONS
This Agreement may be amended or modified at any time by mutual agreement.
No agent, employee or other representative of either party is empowered to alter
any of the terms of the Agreement, unless done in writing and signed by the
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authorized representatives of both Parties.
APPROVED AND ACCEPTED BY:
Maricopa County State of Arizona
___________________________ ______________________________
Denny Barney Office of the Arizona Attorney General
Chairman, Board of Supervisors Date:
Date:
___________________________ _______________________________
Maricopa County Risk Arizona Department of Administration
Management Department Risk Management Department
Date: Date:
___________________________
Superior Court of Arizona
in Maricopa County
Date:
ATTESTED TO:
_________________________________________
Clerk of the Maricopa County Board of Supervisors
Date:
APPROVED AS TO FORM:
___________________________ _____________________________
Maricopa County Attorney Office of the Arizona Attorney General
Date: Date:
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