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INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE SUPERIOR COURT OF ARIZONA IN MARICOPA COUNTY
AND
MARICOPA COUNTY, ARIZONA
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This Agreement (Agreement) is made by MARICOPA COUNTY, ARIZONA, acting
by and through its BOARD OF SUPERVISORS (the "County) and the SUPERIOR
COURT OF ARIZONA IN MARICOPA COUNTY (the "Court") and shall be effective as of
the 6th day of February, 2002.
RECITALS
1.
The County and the Court are empowered by A.R.S. §11-251, 11-951 through 11-
954, and 12-116.03 to enter into this Agreement and have taken the necessary
actions to enter into this agreement.
2,
The Court needs to initiate formal proceedings against some persons and entities
who are indebted to the Court and/or other entities through the issuance of
Criminal Restitution Orders (hereafter the "Collections Function"); and
3.
The Court could more efficiently perform the Collections Function by availing itself
of creditors' collections functions available to the County through its Department of
Finance;
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement,
and of the mutual benefits to result therefrom, the parties agree as follows:
4. The Court will
4.1 Cooperate with Maricopa County Department of Finance by providing the
County with all materials and documentation related to the Court's issuance
of Criminal Restitution Orders per Recital Number 2 listed above.
4.2 Relinquish all of the Collections Function performed by the Superior Court
Collections Unit to the County and discontinue said unit.
4.3 Include the collections fee and related costs incurred in the Criminal
Restitution Orders pursuant to A.R.S. § 12-116.03. Said orders shall be in
form and substance similar to those attached as Exhibit A.
5. The County will
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5.1 Provide the Collections Function, as nd .will.,•qherge far= cases referred by the .
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County to an outside collections seryice cpnyactqc ,00cle.scribed in paragraph
5.5 of this agreement, a collettions fee -;•as proVided inthe- collections •
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contractor agreement. In no event will the Court be liable for payment of any
collection fee.
5.2. Provide County employment to Court employees involved in the Collections
Function ("Transferred Employees"). The Transferred Employees are listed
in Exhibit B, attached hereto. The Transferred Employees will retain without
limitation, at a minimum, current pay rates, current sick leave (i.e., County
"family medical leave") balances, annual leave (i.e., County "personal leave")
balances, and County Leave Accrual Date (seniority). Thereafter, the
Transferred Employees will receive the same accrual rates for sick and
annual leave as other County employees with similar seniority (as reflected in
each Transferred Employee's individual County Leave Accrual Date).
5.3
Integrate the Transferred Employees into County health, dental, and related
care plans in a manner which will provide continuous and unbroken
coverage, including the integration, without disruption, of Section 457(b),
Section 125(b) and Arizona State Retirement System buy-back agreements
now in place for Transferred Employees.
5.4
Cooperate with the Court in the efficient transfer of the Collections Function
and operations related thereto.
5.5
For the purposes of performing the Collections Function, assume andutilize
collections services contracts entered into by the Courts until expiration of
the agreements.
5.6
Provide statistical data to the Court regarding any court-related accounts
administered by the County Collections Unit.
5.7
Work with the Clerk of Superior Court to ensure the deposit of all revenue
received from court-related accounts into the appropriate state, local, and
private obligees.
5.8
In the event that civil litigation is necessary, the claims will be assigned to
colleCtion service contractors procured by the Court. The litigation will be
brought in the name of the collection service contractor. The assignment is a
limited assignment for the purposes of collection amounts due, and is not an
assignment of control over or ownership of a debt. The Court has authority
pursuant to A.R.S. §12-116.03 to receive such assistance in collecting debts.
Counsel for the Court approves of this process as within the Court's
authority. The Court is not liable for any costs relating to the Collections
Functions. County will not accept any settlement offer (other than full
payment of obligation) made to it by the debtor without prior approval from
the Court.
6.
This Agreement will continue in effect until either party gives written notice of its
intent to terminate. No cause is required for termination. Termination notice must
provide no less than sixty days advance notice of the termination date. If this
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171-0-P
4.4
Date:
By:
Chairman
agreement is terminated, County agrees to return all personnel resources and
positions, documents, files, and materials to the Court.
7.
This Agreement shall take effect after execution by both parties. Pursuant to
A.R.$§ 11-952(F), this Agreement shall be filed with the Arizona Secretary of State.
8.
This agreement may be cancelled pursuant to the provisions of A.R.S. § 38-511
which provisions are incorporated herein by reference.
9.
This Agreement shall constitute the entire Agreement between the parties. Any
prior understanding or representation of any kind preceding the date of this
Agreement shall not be binding upon either party except to the extent incorporated
into this Agreement.
10.
This Agreement may not be modified orally or in any manner other than by an
agreement in writing signed by all parties hereto or their respective successors in
interest.
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IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be
affixed hereto by their proper officers on the dates indicated.
MARICOPA COUNTY BOARD OF SUPERVISORS
ATTEST:
MARICOPA COUNTY CLERK OF THE BOARD
IN ACCORDANCE WITH A.R.S. § 11-952 THIS CONTRACT
• HAS BEEN REVIEWED BY THE UNDERSIGNED WHO HAS
DETERMINED THAT THIS CONTRACT IS IN APPROPRIATE
FORM AND WITHIN THE POWERS AND AUTHORITY
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GRANTED TO MAR1COPA COUNTY.
Date:
By:
-
Deputy IV,
(0;11, II 111111,
SUPERIOR COURT OF ARIZON IN M RIC PA COUNTY
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PRESIDING J D E
IN ACCORDANCE WITH A.R.S. § 11-952 THIS CONTRACT
HAS BEEN REVIEWED -BY THE UNDERSIGNED WHO HAS
DETERMINED THAT THIS CONTRACT IS IN APPROPRIATE
FORM AND WITHIN THE POWERS AND AUTHORITY
GRANTED TO THE SUPERIOR COURT:
Date: 1
U/
Office of the Attorney General of Arizona
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