FY15 DEA FUNDING AGREEMENT.PDF

Arizona Supreme Court
Administrative Office of the Courts
FUNDING AGREEMENT FOR
DRUG, GANG AND VIOLENT CRIME CONTROL PROGRAM GRANT
MARICOPA COUNTY SUPERIOR COURT
CLERK OF THE COURT
Cycle 28
Fiscal Year 2015
July 1, 2014 — June 30, 2015
This Agreement is entered into by and between the Administrative Office of the Courts, herein
referred to as the "AOC," on behalf of the Arizona Supreme Court, and Maricopa County Superior
Court, herein referred to as "Grantee," in accordance with A.R.S. §41-2405(B)(6).
RECITAL
Pursuant to A.R.S. §41-2405(B)(6), Drug, Gang and Violent Crime Control monies, through the
Arizona Criminal Justice Commission's Grant, are provided to the Grantee to enhance the ability of
the courts to provide services to enhance drug, gang, and/or related violent crime control efforts to
deter, investigate, prosecute, adjudicate and treat drug, gang and related violent offenders. Grant
funds shall only be expended on adult offenders.
This Agreement with the attached Addenda and Exhibits establish the terms and conditions for the
allocation of ACJC grant monies to the Grantee. The Addendum A is attached as Exhibit A and
Performance Measures are attached as Exhibit B. The 2015 ACJC Grant Agreement is attached as
Exhibit C. The Grantee agrees to expend $175,407.00 grant monies in accordance with the budget
set forth in the Addendum A for purposes of implementing the plan approved by the Supreme Court
and the Arizona Criminal Justice Commission.
TERMS AND CONDITIONS
1. Terms of Agreement
This Agreement becomes effective on July 1, 2014, and shall remain in effect through June 30, 2015.
2. Arizona Criminal Justice Commission (ACJC) Grant Agreement
The Grantee agrees to abide by all provisions of the ACJC Drug, Gang and Violent Crime Control
Program agreement, attached is Exhibit C.
3. Modification and Termination
This Agreement may be modified or terminated by the AOC if in its judgment such action is
necessary due to: (a) funding availability; (b) statutory changes in the program; (c) the Grantee's
failure to implement or operate the approved plan; (d) the Grantee's non-compliance with this
Agreement, A.R.S. §41-2405(B)(6), or the Arizona Criminal Justice Commission Grant Agreement;
(e) requisite reports are not received within the time frames set out in Section 5 of this Agreement;

(f) established performance measures are not achieved (Exhibit B, attached and incorporated herein);
or, (g) other circumstances that necessitate such action. Either party may, upon thirty (30) days
written notice to the other party by certified mail, terminate this Agreement.
Any modifications to the Plan, Addenda, or Funding Agreements must be approved in writing by
the AOC.
4. Fund Accounting
Funds distributed to the Grantee shall be deposited in a Special Revenue Fund established for the
execution of this Agreement pursuant to Section III(B) of the Auditor General's Uniform
Accounting Manual for Arizona Counties.
5. Expenditures
a. Distribution of Funds.
The AOC may retain all or any portion of the funds allocated to the Grantee for the performance of
its approved plan and may authorize direct expenditures for the benefit of the Grantee. The specific
amounts to be retained by the AOC for direct expenditures for the benefit of the Grantee and to be
disbursed to the Grantee are set forth in Addendum A to this Agreement. The AOC may periodically
modify the distribution of funds contained in Addendum A based on its determination of the
Grantee's need for and usage of the grant funds.
b. Reporting Requirements.
The Grantee agrees to submit periodic financial and performance reports as required by the AOC.
The Grantee shall submit quarterly performance and financial status reports in accordance with the
following schedule:
Quarter Report Period Due Date
1st July 1, 2014 to September 30, 2014 October 10, 2014
2nd October 1, 2014 to December 31, 2014 January 9, 2015
3rd January 1,2015 to March 31, 2015 April 10, 2015
4th April 1, 2015 to June 30, 2015 July 10, 2015
Closing Report July 1, 2014 to June 30, 2015 August 7, 2015
In the event reports are not received on or before prescribed dates, funding will be suspended
until such time as delinquent reports are received.
c. Unexpended Funds.
Funds unencumbered as of June 30, 2015, and unexpended, shall be transmitted to the AOC no later
than August 15, 2015. The Grantee agrees to expend all encumbered funds within sixty (60) days
of expiration of this grant, and all goods and/or services must be received by the Grantee within sixty
(60) days expiration of this grant. The reversion shall be accompanied by a closing financial
statement signed by the Presiding Superior Court Judge.
d. Inappropriate Expenditures.
The Grantee shall expend funds only for the purposes and uses specified in the approved plan and
budget. The Grantee agrees to reimburse the Grant for any unauthorized or inappropriate
expenditures which are not in compliance with the approved plan and budget, this Agreement, and
A.R.S. §41-2405(B)(6).
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e. Budget Modifications.
Funds shall not be shifted to or from any budget category without prior written approval from the
AOC. All budget modifications shall be in accordance with the AOC Budget Modification Policy
and the ACJC Drug, Gang and Violent Crime Control Grant award and Agreement.
f. Termination of Funding.
In the event that this Agreement is terminated, all unexpended funds in the possession of the Grantee
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 purchases with grant monies. If termination
is due to failure of the Grantee to comply with this agreement, the AOC may require return of
equipment and supplies purchases with grant funds.
6. Limitation on Expenditures
It is expressly agreed upon by the AOC and the Grantee that funds distributed pursuant to this
Agreement are to be expended to provide direct services in accordance with the approved Plan, the
requisite Addenda to the Plan and Funding Agreement. It is further expressly agreed upon by the
AOC and the Grantee that funds distributed pursuant to this Agreement are not to be expended for
any indirect costs that may be incurred by the Grantee for administering these funds. This includes,
but is not limited to, cost for services such as accounting, payroll, data processing, purchasing,
personnel, and building use which may have been incurred by the Grantee to administer these funds.
7. Use, Loss and Disposition of Equipment
Equipment is a restricted category. Express written approval from AOC and the AOC is required
for the purchase of equipment. Equipment must be used as required in the approved Plan for at least
five (5) years, unless written permission is given by the AOC. After this time, the equipment may
be transferred upon approval of the presiding judge. The Grantee 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 surplused as required by this
Agreement. If no such requirements are included in this Agreement, then local surplus property
procedures may be utilized. Prior approval for the disposition of equipment must be obtained from
the AOC before any action is to be taken.
8. Non-Supplanting
The Grantee agrees that grant monies will not be used to supplant state and local funds that would
otherwise have been available to provide services to enhance drug, gang, and/or related violent crime
control efforts to deter, investigate, prosecute, adjudicate and treat drug, gang and related violent
offenders.
9. Books and Records
a. Financial Records and Examination.
The Grantee 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 Grantee 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.
Grantee, state, or federal auditors, as applicable, and any other persons duly authorized by the AOC
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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.
As a condition of receipt of grant monies, the Grantee 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 Grantee and its subcontractors for a
period of five (5) years. 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 Grantee 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.
10. Performance and Liability
Except as otherwise provided by law, in the performance of this Agreement and the Grantee's
approved plan, both parties will act in their individual governmental capacities and not as agents,
employees, partners, joint ventures, 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 actions of its employees under this
Agreement, and to indemnify and hold the other harmless for the actions of its own employees.
11. Insurance Requirements
If contractors are used to provide services under this Funding Agreement, contractors shall comply
with all insurance requirements as set forth in Exhibit A of the Arizona Criminal Justice Commission
Grant Agreement, Insurance Requirements attached as Exhibit C.
ARIZONA SUPREME COURT MARICOPA COUNTY
ADMINISTRATIVE OFFICE OF THE SUPERIOR COURT
COURTS
OlgOellysigned ON:cn.Mike Baurnsiark, by Mike Bauntstark o,Suprome
Mike Baum stark Court, nu=Executive emaihnbaumstark@ccurts.aa.gov Office, , d--US
By: Date: 2014.07.08 09:35:40 -0700' By:
Mike Baumstark, Deputy Director
Date: f
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