FY2021.FPIP.FUNDINGAGREEMENT.MARICOPA COUNTY ATTORNEY_.PDF
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Arizona Supreme Court Administrative Office of the Courts FUNDING AGREEMENT FOR FELONY PRE-TRIAL INTERVENTION PROGRAM Maricopa County Attorney’s Office Fiscal Year 2021 July 1, 2020 – June 30, 2021 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 the Maricopa County Attorney’s Office, “Grantee.” RECITAL $250,000 being passed through the AOC to the Maricopa County Attorney’s Office for a “felony pretrial intervention program.” HB 2695, Section 144. Administrative office of the courts; appropriation; felon pretrial intervention program; fiscal year 2016-2017. The sum of $250,000 is appropriated from the health services lottery monies fund established by section 36-108.01, Arizona Revised Statutes, in fiscal year 2016-2017 to the administrative office of the courts for distribution to a county attorney's office in a county with a population of more than three million persons according to the 2010 United States decennial census for the administration of a felony pretrial intervention program. This Agreement, with the attached and incorporated Addenda and Exhibit A, establishes the terms and conditions for the allocation of AOC grant funds to the Grantee. TERMS AND CONDITIONS 1. Terms of Agreement This Agreement becomes effective upon execution, and shall remain in effect through June 30, 2021. 2. The Grantee agrees to abide by all provisions of the $250,000 being passed through the AOC to the Maricopa County Attorney’s Office for a “felony pretrial intervention program.” 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. Any modifications to the Plan, Addenda, or Funding Agreement must be approved in writing by the AOC. 2 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. Reporting Requirements. The Grantee agrees to submit periodic financial and performance reports as required by the AOC. The Grantee shall submit performance and financial status reports in accordance with the following schedule: Report Report Period Due Date Closing Report July 1, 2020 to June 30, 2021 August 8, 2021 In the event reports are not received on or before prescribed dates, funding will be suspended until such time as delinquent reports are received. b. Unexpended Funds. Funds unencumbered as of June 30, 2021, and unexpended, shall be transmitted to the AOC no later than August 8, 2021. 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 Maricopa County Attorney. c. 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 AOC 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). d. Budget Modifications. Funds shall not be moved 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. e. Termination of Funding. In the event that this Agreement is terminated prior to June 30, 2021, 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 funds. If termination is due to failure of the Grantee to comply with this agreement, the AOC may require return of equipment and supplies purchased 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, 3 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 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 surplus 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 funds will not be used to supplant state and local funds that would otherwise have been available to provide services to felony pretrial intervention programs. 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 no less than five (5) years from the last financial report submitted to the AOC, 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 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 funds, 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 no less than five (5) years from the last financial report submitted to the AOC, or until after the resolution of any audit questions or contract disputes, whichever is longer. 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 4 other party. Each party agrees to be solely responsible for actions of its employees under this Agreement. 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 the Arizona Department of Administration, Risk Management Division, Insurance and Indemnification Guidelines for State Contracts. ARIZONA SUPREME COURT Maricopa County, County Attorney Administrative Office of the Courts By: _______________________________ By: Mike Baumstark, Deputy Director Allister Adel Date: Date: June 15, 2020 5 Funding Agreement For Felony Pre-Trial Intervention Program C-19-20-056-M-00 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: ______________________