FINAL GRANTS IGA (COUNTY AND COURTS).PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN
MAR1COPA COUNTY
AND
THE SUPERIOR COURT OF ARIZONA IN MARICOPA COUNTY
This Intergovernmental Agreement ("Agreement") is between Maricopa County, a
political subdivision of the state ("County") and the Superior Court in and for Maricopa
County, Arizona, including the Adult and Juvenile Probation Departments in Maricopa
County (hereafter, "Court") (collectively, "Parties").
STATUTORY AUTHORIZATION
1. The parties are authorized to enter into this intergovernmental agreement pursuant
to A.R.S. §§ 11-951(J).
BACKGROUND
2. The County and Court are separate entities; however, the County is legally
required to fund, support and house the Court and its employees. The Parties
acknowledge that the County may from time to time be eligible to apply for and
receive grant funding from federal and/or state agencies, and the Court may have,
or be willing to develop, programs and projects that fit within the funding criteria of
the grant-giving agency. The County and Court are interested in collaborating on
certain criminal justice related grants and programs/projects, as may be identified
by the Parties from time to time.
PURPOSE OF THE AGREEMENT
3. The purpose of this Agreement is to set forth the terms and conditions under which
the County will undertake the pursuit and administration of certain criminal justice
related grants and/or agreements identified by the Parties, including distribution of
resulting grant funds, and the Court will provide grant related services, including
implementation and oversight of programs and projects that fit within the funding
criteria of the grant-giving agency.
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TERM, EFFECTIVE DATE, RENEWAL AND TERMINATION
4. Term and Effective Date. The term of this Agreement is from April 20, 2016
through April 20, 2021, unless terminated earlier pursuant to Paragraph 6 below.
This Agreement shall become effective as of the date it is approved and executed
by the County and Court.
5. Renewal. This Agreement may be renewed for one (1) five-year term or portions
thereof by written agreement of the Parties.
6. Termination. This Agreement may be terminated:
a. Upon the written agreement of both parties;
b. In the event of a material breach of any of the provisions of this Agreement,
the non-defaulting party may terminate this Agreement by delivering written
notice to the defaulting party specifically setting forth the nature of the
breach. Upon being served with such notice, the defaulting party shall
have ten (10) days in which to cure said breach. If said breach has not
been cured within the ten (10) days, then this Agreement shall be deemed
terminated as set forth in the notice, and the Parties hereto shall perform
their respective obligations up to the effective date of such termination;
c. By either party without cause upon not less than thirty (30) days' prior
written notice;
d. In accordance with A.R.S. § 38-511, if within three (3) years of the execution
of this Agreement, any person significantly involved in the initiating,
negotiating, securing, drafting or creation of this Agreement becomes an
employee or agent of the other party to the Agreement in any capacity or a
consultant to the other party with respect to the subject matter of this
Agreement, either party may cancel this Agreement. The Parties each
represent that, as of the date of execution of this Agreement, they are not
aware of any facts or circumstances which would give rise to a cancellation
right in favor of any party pursuant to A.R.S. § 38-511; or
e. If any action is taken by any state or federal agency, or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations
under, or in connection with, this Agreement, the affected party may, upon
written notice, amend, suspend, decrease, or terminate its obligations
under, or in connection with, this Agreement. In the event of termination,
the Parties shall be liable for payment only for services rendered prior to the
effective date of the termination, provided that such services are performed
in accordance with the provisions of this Agreement.
f. Notwithstanding the foregoing, the Parties agree that in the event of
termination or cancellation of this Agreement, all documents, data, and
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reports prepared pursuant to this Agreement, reasonably necessary to
close a grant or grants, and/or for the orderly transition to a successor, shall
be delivered to the requesting party upon demand.
OBLIGATIONS OF THE PARTIES
7. Responsibilities of County:
a. Take all steps reasonably necessary to submit applications for the criminal
justice related grants as may be identified and requested by the Court and
agreed to by the parties from time to time (hereinafter referred to as the
"Criminal Justice Grants").
b. Collect and transmit to the appropriate federal or state funding authorities all
financial and program reports as required by the terms and conditions of the
Criminal Justice Grants and applicable regulations and rules.
c. Ensure that any funds accepted by the County as a result of grant awards
from the Criminal Justice Grants (the "Grant Funds") are dispersed to the
Court, less the County's administrative costs (to be determined annually by
the County at its sole discretion).
d. Notwithstanding the foregoing, the Court agrees that the County has sole
discretion and final decision-making authority as to whether to submit
applications for the Criminal Justice Grants and to accept the Grant Funds.
8. Responsibilities of Court:
a. Prior to requesting assistance from the County to submit grant applications,
review the grant to ensure the Court agrees to the grant's terms and
conditions and can comply with grant requirements should the grant be
awarded.
b. Maintain and provide to the County all financial and program reports as
required by the terms and conditions of the Criminal Justice Grants and
applicable federal or state regulations and rules, and as otherwise
requested by the County.
c. Assist, as needed, with grant-related services for the Criminal Justice
Grants, including, but not limited to, identification and analysis of criminal
justice related grant opportunities; research; grant writing; conducting
needs assessments; program implementation and development; creation
and implementation of grant management plans; evaluation of program;
budget planning; and completion of required forms.
d. Ensure that any Grant Funds received from the County are utilized in
accordance with the terms and conditions of the originating grant(s) and
applicable federal or state regulations and rules, as well as any additional
requirements reasonably set the County.
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e. To comply with 2 C.F.R. § 182.225(a), should an employee of the Court
working under a federally funded contract or grant position with respect to
the Criminal Justice Grants be convicted for a workplace criminal drug
offense, the Court shall immediately notify the County within five (5) days
after learning of the conviction. The information which must be provided to
the County shall include the position title of the convicted employee and the
identification numbers for each contract or grant on which the employee
works. For purposes of this section, notice shall be provided to the
County's designated Grant Administrator.
MISCELLANEOUS TERMS
9. Availability of Funds: Notwithstanding the foregoing sections, the provisions of
this Agreement relating to payment of Grant Funds are conditioned upon actual
availability of funds to the County for disbursement. The County shall be the sole
judge and authority in determining the availability of funds due under this
Agreement. The County shall keep the Court fully informed as to the availability
of funds.
10. Audit of Records: Pursuant to A.R.S. §§ 35-214 and 35-215, Maricopa County
shall retain all records relating to this Agreement for a period of five years after
completion of the Agreement. All records shall be subject to inspection and audit
by the State of Arizona at reasonable times. Upon request, Maricopa County
shall produce the original of any or all such records at the offices of the Court.
11.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,
but not limited to, Title VI and VII of the Federal Civil Rights Act; the Federal
Rehabilitation Act; the Age Discrimination in Employment Act; and the Americans
with Disabilities Act, as amended. 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.
12. Indemnification: To the extent permissible under A.R.S. §§ 41-621 et seq. and §
11-981 and not prohibited by A.R.S. § 35-154, each party (as "Indemnitor") agrees
to indemnify, defend, and hold harmless the other party (as "Inderrmitee"),
including any of the party's departments, agencies, officers, employees, elected
officials or agents, from any and all claims, losses, liability, costs or expenses
(including reasonable attorneys' fees) (hereinafter collectively referred to as
"Claims") arising out of its performance under this Agreement, 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
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faults of the Indemnitor, its officers, officials, agents, employees, or volunteers.
13.Verification Regarding Compliance with A.R.S. § 41-4401: Each party
warrants that it is in compliance with A.R.S. § 41-4401 and further acknowledges
that:
a. Any contractor or subcontractor who is contracted by a party to perform
work related to this Agreement shall warrant their compliance with all
federal immigration laws and regulations that relate to their employees and
their compliance with A.R.S. § 23-214(A);
b. Any breach of a warranty listed above shall be deemed a material breach of
this Agreement that is subject to penalties up to and including termination of
this Agreement;
c. The Parties retain the legal right to inspect the papers of any contractor or
subcontractor employee who performs work related to this Agreement to
ensure that the contractor or subcontractor is complying with the warranty
above and that the contractor agrees to make all papers and employment
records of said employee available during normal working hours in order to
facilitate such an inspection; and
d. Nothing in this Agreement shall make any contractor or subcontractor an
agent or employee of the Parties to this Agreement.
14. Compliance with Law: Each party shall comply with all applicable federal and
state laws, ordinances, Executive Orders, rules, regulations, standards, and codes
whether or not specifically referenced herein. To the extent that any term or
provision of this Agreement is not in compliance with any such applicable laws,
ordinances, Executive Orders, rules, regulations, standards, or codes, the County
and Court shall negotiate in good faith to amend such term or provision so as to
prevent or eliminate such failure to comply.
15. No Implied Authority: This Agreement does not imply authority to perform any
tasks, or accept any responsibility, not expressly stated in this Agreement. Nor
does this Agreement create a duty or responsibility unless the intention to do so is
clearly and unambiguously stated in this Agreement.
16. Entire Agreement: This Agreement contains the entire agreement between the
Parties with regard to the undertakings contained herein.
17. Amendments: This Agreement may be amended from time to time only by
written agreement of the Parties.
18. Severability: If any provision of this Agreement is held invalid or unenforceable,
the remaining provisions shall continue valid and enforceable to the full extent
permitted by law.
19. Relationship of Parties and Disclaimer: The Parties acknowledge that each is
a separate and independent entity, and agree that this Agreement is not intended
to and will not constitute, create, or give rise to a joint venture, agency, partnership
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or formal association of any kind between them.
20. Enforceability and Waiver: The invalidity or unenforceability of any term or
provision of this Agreement shall in no way affect the validity or enforceability of
any other term or provision. The waiver by a party of a breach of any provision of
this Agreement shall not operate as or be construed as a waiver of any subsequent
breach thereof.
21. Governing Law. This Agreement shall be construed in accordance with the law
of the State of Arizona.
22. No Third Party Beneficiaries: Nothing in this Agreement is intended to create
any third party beneficiary rights; and Court and County expressly state that this
Agreement does not create any third party rights of enforcement.
23.Counterparts: This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original and when taken together shall
constitute one agreement.
24. Assignment and Subcontracting: Except as expressly provided herein, no
party may delegate or assign its rights or responsibilities under this Agreement
without prior written approval of the other party.
25. Notices. Any and all notices required or permitted under this Agreement shall be
deemed to have been sufficiently given if personally delivered or deposited in the
U.S. Mail in a properly stamped envelope, addressed to:
COUNTY: COURT:
Ryan Cotter, Ph.D. Richard Woods
Director of Research Deputy Court Administrator
Justice System Planning & Information Maricopa County Superior Court
301 W. Jefferson Street, Suite 3200 Old Courthouse — 5th Floor
Phoenix, AZ 85003 125 W. Washington
Phone: 602-506-1417 Phoenix, AZ 85004
Fax: 602-506-1642 Phone: 602-506-5446
Copy to:
Maricopa County Board of Supervisors
Attn: Clerk of the Board
301 West Jefferson Street, 10th Floor
Phoenix, Arizona 85003
End of Agreement - Signature Page Follows
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SIGNATURE PAGE
MARICOPA COUNTY STATE OF ARIZONA
Approved and Accepted by: Approved and Accepted by:
, ,)/6.69 //c,,
Clint Hickman, Chairman Date Janet E. Barton Date
Board of Supervisors Presiding Judge
( /Superior Court of Arizona
In Maricopa County
Attested to:
Clerk of the Board of Supervisors Date
(continued on next page)
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COUNTY ATTORNEY APPROVAL
Pursuant to A.R.S. § 11-952, I hereby state that I have reviewed the proposed
Intergovernmental Agreement and determined that it is in proper form and within the
powers and authority granted under the laws of the State of Arizona to those parties to the
Agreement represented by the Maricopa County Attorney's Office,
By:
Deputy County Attorney Date
ATTORNEY GENERAL INTERGOVERNMENTAL AGREEMENT DETERMINIATION
Attorney General Contract No. , which is an Agreement
between public agencies, has been reviewed pursuant to A.R.S. § 11-952 by the
undersigned Assistant Attorney General, who has determined that it is in the proper form
and is within the powers granted under the laws of the State of Arizona to those Parties to
the Agreement represented by the Attorney General.
Dated this of ,2016
Assistant Attorney General
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OFFICE OF THE ARIZONA ATTORNEY GENERAL
ATTORNEY MARK BRNOVICH GENERAL STATE GOVERNMENT DIVISION
AGENCY COUNSEL SECTION
04
INTERGOVERNMENTAL AGREEMENT DETEMIN RATION • •
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Attorney General Contract No. which is an Agreement
between public agencies, has been reviewed pursuant to A.R.S. § 11-952 by the undersigned
Assistant Attorney General, who has determined that it is in the proper form and is within the
powers granted under the laws of the State of Arizona to those Parties to the Agreement
represented by the Attorney General.
Dated this --- day of 1/10 A t , 20 / e4Y
MARK BRNOVICH
ATTORNEY GENERAL
4564921