JUSTICE ASSISTANCE GRANT MOU.PDF

GMS APPLICATION NUMBER: 2015-H2512-AZ-DJ (Mandatory) CONTRACT NO: C-95-15-007-G-00
THE STATE OF ARIZONA
COUNTY OF MARICOPA
KNOW ALL BY THESE PRESENT
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF MESA, CITY OF PHOENIX, AND COUNTY OF MARICOPA, ARIZONA
FOR
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM
FY 2015 LOCAL SOLICITATION (CFDA #16.738)
This Memorandum of Understanding (MOU) is made and entered into by and amongst the COUNTY of
MARICOPA, hereinafter referred to as COUNTY; and the CITIES of MESA and PHOENIX hereinafter referred
to as CITIES; all of Maricopa County, State of Arizona:
WHEREAS, this MOU is made under the authority of A.R.S. §§11-201 and 11-251 et seq.
WHEREAS, the CITIES and the COUNTY have become entitled to certain grant funds through the Edward
Byrne Memorial Justice Assistance Grant (JAG) Program; and
WHEREAS, each governing body, in performing governmental functions or in paying for the performance of
governmental functions hereunder, shall make that performance or those payments from
current revenues legally available to that party; and
WHEREAS, each governing body finds that the performance of this MOU is in the best interests of all
parties, that the undertaking will benefit the public, and that the division of costs fairly
compensates the performing party for the services or functions under this MOU; and
WHEREAS, the CITIES agree the COUNTY shall receive all the funds and distribute the funds to the CITIES;
and
WHEREAS, the CITIES and COUNTY believe it to be in their best interests to reallocate the JAG funds;
NOW THEREFORE, the COUNTY and CITIES agree as follows:
Section 1
COUNTY agrees to receive $952,411 from the JAG award for the Maricopa County JAG Program.
COUNTY agrees to pay City of Mesa a total of $120,000 of JAG funds.
COUNTY agrees to pay City of Phoenix a total of $625,000 of JAG funds.
All payments to CITIES will be made within thirty (30) days after receipt of the JAG funds by COUNTY.
Section 2
COUNTY agrees to use $207,411 for the JAG Program until September 30, 2018.
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GMS APPLICATION NUMBER: 2015-H2512-AZ-DJ (Mandatory) CONTRACT NO: C-95-15-007-G-00
Section 3
1. Term. This Agreement shall be in effect for the term set forth in the Federal FY2015 JAG Grant,
October 1, 2014 through September 30, 2018, unless terminated sooner in accordance with the
terms of the grant, and such reasonable time thereafter as may be needed to complete the
administration of the grant.
2. Obligations of the COUNTY. The COUNTY agrees to administer the Funds as provided in Section 1,
and shall:
A. Ensure that the funds received by COUNTY are dispersed to the CITIES in accordance to this
MOU, and shall
B. Collect and transmit to the appropriate Federal funding authorities all financial and program
reports as required by the terms and conditions of the grant and applicable Federal regulations.
3. Obligations of the CITIES. During the term of this Agreement;
A. The CITIES agree that the COUNTY will administer the Funds as provided in Section 1.
B. The CITIES will maintain and provide to the COUNTY all financial and program reports as
required by the terms and conditions of the grant and applicable Federal regulations.
C. The CITIES will be responsible for their own actions in providing services under this MOU and
shall hold harmless the parties to this MOU from any liability that may arise from the furnishing
of the services by the other parties.
4. DISCLAIMER. This MOU is not intended to and will not constitute, create, give rise to, or otherwise
recognize a joint venture, agency, partnership or formal business association or organization of any
kind among the parties, and the rights and obligations of the parties shall be only those expressly set
forth in this MOU.
5. NON -AVAILABILITY OF FUNDS. Each payment obligation of the parties created hereby is
conditioned on the availability of funds. The parties recognize that the continuation of this MOU
after the close of any of their respective fiscal years shall be subject to the approval of their
respective governing bodies providing an appropriation covering this item as an expenditure. None
of the parties represent that said budget items will be actually adopted.
Section 4
The parties to this MOU do not intend for any third party to obtain a right by virtue of this MOU.
Section 5
CONFLICT OF INTEREST. Notice is given that pursuant to A.R.S. 38-511 the Parties may cancel any
Agreement without penalty or further obligation within three years after execution of the Agreement, if
any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on
behalf of the Party 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 consultant to any other party of
the Agreement with respect to the subject matter of the Agreement. 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 Agreement on behalf of the Parties from any
other party to the Agreement arising as the result of the Agreement.
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GMS APPLICATION NUMBER: 2015-H2512-AZ-DJ (Mandatory) CONTRACT NO: C-95-15-007-G-00
Section 6
By entering into this MOU, the parties do not intend to create any obligations express or implied other than
those set out herein; further, this MOU shall not create any rights in any party not a signatory hereto.
Section 7
This MOU shall not be effective until filed with the Maricopa County Recorder's Office.
Section 8
The COUNTY and CITIES warrant they are in compliance with the provisions in A.R.S. §41-4401 (e-verify).
Section 9
Mutual Indemnification. Each Party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the
other Party (as "Indemnitee") from and against all claims, losses, liability, costs, or expenses (including
reasonable attorneys' fees, expert witnesses' fees and other litigation costs) (hereinafter collectively
referred to as "Claims") arising out of bodily injury (including death) of any person or property damage,
but only to the extent that such claims, which result in vicarious 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.
(SIGNATURES ON THE FOLLOWING PAGES)
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GMS APPLICATION NUMBER: 2015-H2512-AZ-DJ (Mandatory) CONTRACT NO: C-95-15-007-G-00
MARICOPA COUNTY
This Agreement is in the proper legal form
and is within the powers and authority By:
granted under the laws of this State to those Steve Chucri
parties represented by the undersigned legal
counsel. Its: Chairman of the Board of Supervisors
Attest:
Deputy County Attorney, Civil Services Division Fran McCarroll, Clerk of the Board
DATE: Date:
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