MARICOPA COUNTY LEGAL DEFENDER.PDF

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Arizona Supreme Court 
Administrative Office of Public Defenders 
 
___________________________________________________________________ 
 
FUNDING AGREEMENT FOR  
PUBLIC DEFENDER TRAINING FUND (PDTF) 
___________________________________________________________________ 
 
Maricopa County Legal Defender 
Fiscal Year 2024 
 
 
This Agreement is entered into by and between the Administrative Office of the Courts, herein referred to as "AOC," 
on behalf of the Arizona Supreme Court, and the Maricopa County Legal Defender, herein referred to as "Public 
Defender," in accordance with A.R.S. § 12-117. 
 
RECITAL 
 
Pursuant to A.R.S. § 12-113(A)(1), Judicial Collection Enhancement Fund; 12-116, Time Payment Fee; and 12-
117, County Public Defender Training Fund, monies are provided through the state treasurer to the Supreme Court 
to provide county public defender training. 
 
The purpose of this Agreement is to provide funding for Public Defender training in Fiscal Year 2024 Maricopa 
County Legal Defender agrees that it will expend Public Defender Training Fund (“PDTF”) monies in accordance 
with the guidelines set forth in Arizona Code of Judicial Administration § 5-105. 
 
TERMS AND CONDITIONS 
 
1. 
TERM OF AGREEMENT 
 
This Agreement becomes effective on July 1, 2023 and shall remain in effect through June 30, 2024. 
 
2. 
MODIFICATION AND TERMINATION 
 
This Agreement may be modified or terminated by the AOC if in its judgment such action is necessary due to: (a) 
lack of funding available; (b) statutory changes in the program; or (c) Public Defender's non-compliance with this 
Agreement, Arizona Code of Judicial Administration § 5-105, A.R.S. § 12-117, or other circumstances necessitating 
such action.  Either party may, upon thirty (30) days written notice to the other party by certified mail, terminate this 
agreement.  In the event that a modification request becomes necessary, it must be requested no later than thirty 
(30) days prior to the closing date of the grant. 
 
3. 
FUND ACCOUNTING 
 
Funds distributed to Public Defender shall be deposited in a Special Revenue Fund established for the execution 
of this Agreement pursuant to Section III-2 of the Auditor General's Uniform Accounting Manual for Arizona 
Counties.  Any interest earned on these monies while in the possession of the Public Defender shall accrue to the 
fund for use by the Public Defender in accordance with the guidelines set forth in Arizona Code of Judicial 
Administration § 5-105. 
 
4. 
EXPENDITURES 
 
a. 
Distribution of Funds.   
 
1) The PDTF monies will be disbursed quarterly pursuant to the proportion requirements set forth 
in A.R.S. § 12-117(C).  Quarterly disbursements will be made within sixty (60) days of the close 
of each quarter.

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2) The AOC may retain all or any portion of the funds allocated to the Public Defender should the 
Public Defender be in violation of any of the terms of this funding Agreement. 
 
b. 
Reporting Requirements.  The Public Defender shall submit an annual report using the AOC 
approved reporting templates no later than forty-five (45) days after fiscal year end, in accordance with Arizona 
Code of Judicial Administration § 5-105.   
 
c. 
Unexpended Funds.  Funds unencumbered and unexpended thirty (30) days after fiscal year end, 
plus all unexpended interest accrued on such funds while in the possession of the Public Defender, may be carried 
forward to the next fiscal year.  Any funds carried forward to the following year must be used in accordance with the 
guidelines set forth in Arizona Code of Judicial Administration § 5-105. 
 
d. 
Inappropriate Expenditures.  The Public Defender shall expend funds only for the purposes and 
uses specified within Arizona Code of Judicial Administration § 5-105.  Public Defender agrees to reimburse the 
Public Defender Training Fund for any unauthorized or inappropriate expenditures which are not in compliance with 
this Agreement.  The Public Defender Training Fund shall not be used to pay county or city administrative costs for 
services associated with receipt of those funds including, but not limited to, the cost of accounting, payroll, data 
processing, purchasing, personnel, and building use.  All equipment purchased solely with PDTF monies shall be 
used solely for PDTF training purposes. 
 
e. 
Termination of Funding.  In the event that this Agreement is terminated prior to June 30, 2024, 
all unexpended funds in the possession of the Public Defender shall be returned to the AOC within thirty (30) days 
of such termination, along with, but not limited to: (1) a closing financial statement; (2) a final report outlining the 
program achievements; and (3) an inventory, including serial numbers, of all equipment purchased with Public 
Defender Training Funds.  If termination is due to failure of the Public Defender to comply with this agreement, the 
AOC may require return of equipment and supplies purchased with Public Defender Training Funds. 
 
5. 
BOOKS AND RECORDS 
 
a. 
Financial Records and Examination.  The Public Defender shall maintain and shall require its 
subcontractors to maintain acceptable accounting systems, records, and documents to properly reflect all funds 
expended in the performance of the approved plan.  All books, records, and other documents relevant to this 
Agreement shall be retained by the Court and its subcontractors for a period of five (5) years after the final payment 
has been made, or until after the resolution of any audit questions or contract disputes, whichever is longer.  Court, 
state, or federal auditors, as applicable, and any other persons duly authorized by the AOC shall have full access 
to, and the right to examine, audit, copy and make use of any and all said materials.  All subcontracts shall include 
a provision acknowledging the authority of the AOC to conduct such audits or examinations. 
 
b. 
Program Records and Evaluation.  The AOC plans to monitor and evaluate the Public Defender 
Training Fund Program to determine its effectiveness.  As a condition of receipt of Public Defender Training Funds, 
the Public Defender agrees to maintain and provide to the AOC such data and statistics as may be required by the 
AOC for purposes of evaluation.  All records and documents relevant to this Agreement shall be retained by the 
Public Defender and its subcontractors for a period of five (5) years after the final payment has been made.  
Authorized agents of the AOC shall have full access to, and the right to examine, copy, and make use of, any and 
all said materials.  The Public Defender further agrees that authorized agents of the AOC shall have the right to 
conduct on-site visits for purposes of compliance monitoring and program evaluation.  All subcontracts shall include 
a provision acknowledging the authority of the AOC to conduct such inspections and evaluations.  
 
6. 
AMERICANS WITH DISABILITIES ACT (ADA) REQUIREMENTS 
 
The Public Defender shall comply with the Arizona Judiciary Policy on Access to Court Services by Persons with 
Disabilities as mandated by Administrative Order 92-32.

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7. 
INVENTORY 
 
The Public Defender retains ownership of equipment purchased with funds received pursuant to this agreement 
and shall maintain written inventory and property control policies and procedures.  The Public Defender may use 
its existing inventory system but must at a minimum maintain the information required by AOC policies and 
procedures.  See AOC’s Policies and Procedures Manual, Section 5.06A for guidance.   
 
8. 
USE, LOSS AND DISPOSITION OF EQUIPMENT 
 
Equipment must be used as required by the approved plan for duration of this funding agreement unless written 
permission is given by the AOC.  After this time, the equipment may be transferred upon approval of the presiding 
judge. The Public Defender is responsible for any maintenance, loss or damage to the equipment and the AOC 
makes no assurances regarding its repair or replacement.  Equipment, which is no longer needed or usable, shall 
be placed in surplus as required by this agreement.  If no such requirements are included in the funding agreement, 
then local surplus property procedures may be utilized.  The equipment should be offered to another court prior to 
being placed in surplus.  See Appendix A. 
 
9. 
PERFORMANCE LIABILITY 
 
Except as otherwise provided in law, in the performance of this Agreement both parties hereto will be acting in their 
individual governmental capacities and not as agents, employees, partners, joint venturers, or associates of each 
other.  The employees, agents, or subcontractors of one party shall not be deemed or construed to be the 
employees or agents of the other party.  Each party agrees to be solely responsible for the actions of its employees 
under this Agreement, and to indemnify and hold the other harmless for the actions of its own employees.

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MARICOPA COUNTY 
BOARD OF SUPERVISORS 
 
 
BY: 
 
 
 
 
_________________________________            
Chairman, Board of Supervisors          
             
Date: ______________________ 
             
 
 
ATTEST: 
 
 
________________________________         
Clerk of the Board 
 
Date: ______________________ 
 
 
 
Approved as to form: 
 
________________________________         
Deputy County Attorney 
 
Date: ______________________ 
 
 
 
 
 
 
ARIZONA SUPREME COURT 
 
 
By _____________________________________________ 
Marcus Reinkensmeyer, Deputy Director 
Administrative Office of Courts

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APPENDIX A 
 
 
ARIZONA COURTS 
INVENTORY AND PROPERTY CONTROL POLICY 
 
 
The purpose of this section is to set forth minimum procedures and guidelines for fixed assets (furniture and 
equipment) owned by the Judicial Department Unit (JDU) other than the Supreme Court. 
 
It is the intent of this policy that all equipment items are accounted for under an inventory system.  Each court, 
including its probation departments, must be able to account for all equipment regardless of the funding source 
used to purchase the equipment. 
 
DEFINITIONS 
 
Capital fixed asset means any fixed asset with a purchase price of $5,000 or more and a usable life of one or more 
years.  These fixed assets will also be recorded and tracked in the State Accounting System (USAS). 
 
Non-capital equipment means any fixed asset with a purchase price of $2,000 to $4,999 and usable life of one or 
more years. 
 
Judicial Department Unit (JDU) is any operating unit, office, or court of the Arizona Judicial Department reporting 
to the Chief Justice; chief judges of the Court of Appeals; presiding judges of the superior court, justice courts, and 
municipal courts; clerks of court; staff attorneys; divisions of the Administrative Office of the Courts; court 
administrators; and probation departments, with responsibility for reporting, care, and custody of the fixed asset. 
 
Local Governmental Unit (LGU) is any county, city, or school district, and with other state agencies with 
responsibility for reporting, care, and custody of the fixed asset. 
 
POLICY 
 
1.  GENERAL 
 
This policy covers any equipment valued over $2,000 purchased from state, federal, or other funds provided through 
the AOC.  All acquisitions of equipment using Supreme Court funds will be documented in an agreement. 
 
If the AOC provides the funding and the JDU/LGU purchases the equipment, a funding agreement will be signed 
that clearly delineates the JDU/LGU owns the equipment.  The JDU/LGU will record transactions in its fixed asset 
tracking system.  The inventory policy is part of the funding agreement. 
 
If the AOC purchases the equipment and transfers ownership of the asset, the JDU/LGU will record transactions in 
its fixed asset tracking system.  The inventory policy is part of the equipment grant agreement. 
 
The JDU/LGU shall maintain written inventory and property control policies and procedures. 
 
All equipment included under this policy shall be clearly identified and located for purposes of regular physical 
inventory. 
 
The JDU/LGU shall maintain an inventory log as described in the record keeping section of this policy. 
 
2.  TAGGING/NUMBERING SYSTEM 
 
For items that the Supreme Court purchases and maintains ownership of, the Supreme Court will issue tags and 
require tagging of the equipment.  For all other items, the JDU/LGU shall maintain a tagging/numbering system.

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3.  RECORD KEEPING 
 
The inventory and property control person shall establish accurate records for all equipment under this policy.  
These records for capital and noncapital equipment shall, at a minimum, indicate: 
 
- Acquisition date 
- A brief description of the item 
- Current location (code or suitable alternative) 
- Program funding source 
- Tag or asset number 
- Model and serial number 
- Purchase document number (claim/voucher) 
- Original cost including shipping, taxes, and installation 
 
The inventory control records shall be maintained in such a fashion as to permit ready access and review. 
 
4.  INVENTORY SCHEDULE 
 
All JDU/LGU’s shall conduct an annual physical inventory of fixed assets in a manner prescribed by the AOC 
Financial Office.  The Information Technology Division shall conduct an annual physical inventory of all computer 
equipment.  The AOC Financial Office will submit an annual inventory report to the Department of Administration, 
General Accounting Office. 
 
5.  TRANSFER OF EQUIPMENT 
 
Equipment must be used for the approved purpose for five years unless written permission is given by the AOC.  
After five years, the equipment may be transferred upon approval of the presiding judge of the court. 
 
6.  SURPLUS PROPERTY 
 
Equipment which is no longer needed or usable shall be placed in surplus in accordance with the following: 
For equipment for which title was granted to the JDU/LGU, the JDU/LGU shall follow any 
procedures required by the original funding agreement.  If no such requirements are included in 
the funding agreement, then local surplus property procedures may be utilized. 
 
7.  MODIFICATION TO THIS POLICY 
 
The Arizona Supreme Court, AOC, reserves the right to modify this policy as needed.