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GMS APPLICATION NUMBER: 2013-H4079-AZ-DJ (Mandatory) CONTRACT NO________________ THE STATE OF ARIZONA COUNTY OF MARICOPA KNOW ALL BY THESE PRESENT MEMORANDUM OF UNDERSTANDING AMONG CITY OF AVONDALE, CITY OF CHANDLER, TOWN OF GILBERT, CITY OF GLENDALE, CITY OF GOODYEAR, CITY OF MESA, CITY OF PEORIA, CITY OF PHOENIX, CITY OF SCOTTSDALE, CITY OF TEMPE, AND COUNTY OF MARICOPA, ARIZONA EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FY 2013 LOCAL SOLICITATION (CFDA #16.738) This Memorandum of Understanding (MOU) is made and entered into by and among the COUNTY of MARICOPA, hereinafter referred to as COUNTY; and the CITY of AVONDALE; and the CITY of CHANDLER; and the TOWN of GILBERT; and the CITY of GLENDALE; and the CITY of GOODYEAR; and the CITY of MESA; and the CITY of PEORIA; and the CITY of PHOENIX; and the CITY of SCOTTSDALE; and the CITY of TEMPE, hereinafter referred to as CITIES and TOWNS; all of Maricopa County, State of Arizona, witnesseth: WHEREAS, this MOU is made under the authority of A.R.S. §§11-201, -251: WHEREAS, the CITIES and TOWNS 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 agreement; and WHEREAS, the CITIES and TOWNS agree the COUNTY shall receive all the funds and distribute the funds to the CITIES; and WHEREAS, the CITIES and TOWNS and COUNTY believe it to be in their best interests to reallocate the JAG funds; NOW THEREFORE, the COUNTY and CITIES and TOWNS agree as follows: Section 1 COUNTY agrees to receive $1,287,217 from the JAG award for the Maricopa County JAG Program. COUNTY agrees to pay City of Avondale a total of $24,702 of JAG funds. COUNTY agrees to pay City of Chandler a total of $51,115 of JAG funds. COUNTY agrees to pay Town of Gilbert a total of $14,674 of JAG funds. COUNTY agrees to pay City of Glendale a total of $86,334 of JAG funds. COUNTY agrees to pay City of Goodyear a total of $7,948 of JAG funds. COUNTY agrees to pay City of Mesa a total of $127,177 of JAG funds. COUNTY agrees to pay City of Peoria a total of $19,566 of JAG funds. COUNTY agrees to pay City of Phoenix a total of $632,462 of JAG funds. COUNTY agrees to pay City of Scottsdale a total of $28,126 of JAG funds. COUNTY agrees to pay City of Tempe a total of $59,798 of JAG funds. Page 1 GMS APPLICATION NUMBER: 2013-H4079-AZ-DJ (Mandatory) All payments to CITIES and TOWNS will be made within thirty (30) days after receipt of the JAG funds by COUNTY. Section 2 COUNTY agrees to use $235,315 for the JAG Program until September 30, 2016. Section 3 1. Term. This Agreement shall be in effect for the term of the FY2013 JAG grant, being October 1, 2012 through September 30, 2016, 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. Per Section 7 below, this MOU shall not be effective until filed with the Maricopa County Recorder’s Office. 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 and TOWNS 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 and TOWNS. During the term of this Agreement; A. The CITIES and TOWNS agree that the COUNTY will administer the Funds as provided in Section 1. B. The CITIES and TOWNS 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 and TOWNS 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. Page 2 GMS APPLICATION NUMBER: 2013-H4079-AZ-DJ (Mandatory) 6. NOTICES. Notices provided under this Agreement shall be directed to the following persons: The COUNTY: The CITY of AVONDALE Name: Kimberly Martinez Alice Bustillo Address: 11465 West Civic Center Drive C/O County Manager’s Office Address: 301 W. Jefferson Street, 10th Floor Phoenix, AZ 85003 Address: 602-372-7059 City/St/Zip: Avondale AZ 85323 Fax: 602-506-1642 Phone: 623-333-1000 Fax: 623-333-0100 The CITY of CHANDLER The TOWN of GILBERT Name: Judy Mandt Name: Joseph Go Address: Chandler Police Department Address: 75 E. Civic Center Dr Address: Mail Stop 303 Address: Address: PO Box 4008 Address: City/St/Zip: Chandler AZ 85244-4008 City/St/Zip: Gilbert AZ 85296 Phone: 480-782-4085 Phone: 480-635-7060 Fax: 480-782-4086 Fax: 480-497-4943 The CITY of GLENDALE The CITY of GOODYEAR Name: Kristy Baker Name: Christine McMurdy Address: 6835 N. 57th Drive Address: City Manager’s Office Address: Address:190 North Litchfield Road Address: Address: City/St/Zip: Glendale AZ 85301 City/St/Zip: Goodyear AZ 85338 Phone: 623-930-3212 Phone: 623-882-7806 Fax: 623-847-1399 Fax: 623-882-7077 The CITY of MESA The CITY of PEORIA Name: Bill Kalaf Name: Teresa Corless Address: Mesa Police Department Address: City of Peoria Police Department Address: P.O. Box 1466 Address: 8351 W. Cinnabar Avenue Address: Address: City/St/Zip: Mesa AZ 85211 City/St/Zip: Peoria, AZ 85345 Phone: 480-644-5365 Phone: 623-773-7035 Fax: 480-644-2857 Fax: 623-773-7015 Page 3 GMS APPLICATION NUMBER: 2013-H4079-AZ-DJ (Mandatory) The CITY of PHOENIX The CITY of SCOTTSDALE Name: Gary Turner Name: Melissa Miller Address: Phoenix Police Department Address: Scottsdale PD Headquarters Address: 4th Floor, Suite 422 Address: 8401 E. Indian School Rd. Address: 620 W. Washington St Address: City/St/Zip: Phoenix AZ 85003 City/St/Zip: Scottsdale AZ 85251 Phone: 602-534-3622 Phone: 480-312-1979 Fax: 602-534-1613 Fax: 480-312-7891 The CITY of TEMPE Name: Miyoung Kim Address: C/O Tempe Police Department - OMBR Address: 120 E. 5th Street Address: City/St/Zip: Tempe AZ 85281 Phone: 480-350-8358 Fax: 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. This MOU is subject to A.R.S. §38-511. 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 and TOWNS warrant they are in compliance with the provisions in A.R.S. §41- 4401 (e-verify). Section 9 Pursuant to A.R.S. §§ 35-391.06 and 35-393.06, all Parties hereby warrant, and represent that they do not have, and its subcontractors do not have, and during the term hereof will not have a scrutinized business operation in either Sudan or Iran. Page 4 GMS APPLICATION NUMBER: 2013-H4079-AZ-DJ (Mandatory) Section 10 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. Page 5 GMS APPLICATION NUMBER: 2013-H4079-AZ-DJ (Mandatory) MARICOPA COUNTY By: ___________________________________ This Agreement is in the proper legal form and is Andrew Kunasek within the powers and authority granted under the laws of this State to those parties represented by Its: Chairman of the Board of Supervisors the undersigned legal counsel. Attest: ______________________________ ________________________________________ Fran McCarroll, Clerk of the Board Deputy County Attorney, Civil Svcs Div Date DATE: ____________________________ CITY OF AVONDALE This Agreement is in the proper legal form and is By: ___________________________________ within the powers and authority granted under the Type Name: ____________________________ laws of this State to those parties represented by the undersigned legal counsel. Its: _____________________________________ ________________________________________ Attest: __________________________________ Avondale City Attorney Date DATE: ____________________________ CITY OF CHANDLER This Agreement is in the proper legal form and is By: ___________________________________ within the powers and authority granted under the Type Name: ____________________________ laws of this State to those parties represented by the undersigned legal counsel. Its: _____________________________________ ________________________________________ Attest: __________________________________ Chandler City Attorney Date DATE: ____________________________ TOWN OF GILBERT This Agreement is in the proper legal form and is By: ___________________________________ within the powers and authority granted under the Type Name: ____________________________ laws of this State to those parties represented by the undersigned legal counsel. Its: _____________________________________ ________________________________________ Attest: __________________________________ Gilbert Town Attorney Date DATE: ____________________________ CITY OF GLENDALE This Agreement is in the proper legal form and is By: ___________________________________ within the powers and authority granted under the Type Name: ____________________________ laws of this State to those parties represented by the undersigned legal counsel. Its: _____________________________________ ________________________________________ Attest: __________________________________ Glendale City Attorney Date DATE: ____________________________ Page 6 GMS APPLICATION NUMBER: 2013-H4079-AZ-DJ (Mandatory) CITY OF GOODYEAR This Agreement is in the proper legal form and is By: ___________________________________ within the powers and authority granted under the Type Name: ____________________________ laws of this State to those parties represented by the undersigned legal counsel. Its: _____________________________________ ________________________________________ Attest: __________________________________ Goodyear City Attorney Date DATE: ____________________________ CITY OF MESA This Agreement is in the proper legal form and is By: ___________________________________ within the powers and authority granted under the Type Name: ____________________________ laws of this State to those parties represented by the undersigned legal counsel. Its: _____________________________________ ________________________________________ Attest: __________________________________ Mesa City Attorney Date DATE: ____________________________ CITY OF PEORIA This Agreement is in the proper legal form and is By: ___________________________________ within the powers and authority granted under the Type Name: ____________________________ laws of this State to those parties represented by the undersigned legal counsel. Its: _____________________________________ ________________________________________ Attest: __________________________________ Peoria City Attorney Date DATE: ____________________________ CITY OF PHOENIX This Agreement is in the proper legal form and is By: ___________________________________ within the powers and authority granted under the Type Name: ____________________________ laws of this State to those parties represented by the undersigned legal counsel. Its: _____________________________________ ________________________________________ Attest: __________________________________ Phoenix City Attorney Date DATE: ____________________________ CITY OF SCOTTSDALE This Agreement is in the proper legal form and is By: ___________________________________ within the powers and authority granted under the Type Name: ____________________________ laws of this State to those parties represented by the undersigned legal counsel. Its: _____________________________________ ________________________________________ Attest: __________________________________ Scottsdale City Attorney Date DATE: ____________________________ Page 7 GMS APPLICATION NUMBER: 2013-H4079-AZ-DJ (Mandatory) CITY OF TEMPE This Agreement is in the proper legal form and is By: ___________________________________ within the powers and authority granted under the Type Name: ____________________________ laws of this State to those parties represented by the undersigned legal counsel. Its: _____________________________________ ________________________________________ Attest: __________________________________ Tempe City Attorney Date DATE: ___________________________ Page 8