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HomeMy WebLinkAbout12/19/2005 Item 013 ...-.....~ME..."C"'~, (f.ft\ \1Jl\ -tJ. :I~ /<t:;J \~;..... . If' ......'O~ '11,:t OF".~'~:~-- \......................... ~upr:em:e Qtourt Charles E. Jones STATE OF ARIZONA David K. Byers Chief Justice Administrative Director ADMINISTRATIVE OFFICE OF THE COURTS of the Courts November 29,2005 Ms. Edna Johnson Court Administrator Superior Court in Mohave County P. O. Box 7000 Kingman, AZ 86402-7000 RE: FY06 Traffic Case Processing Funds (TCPF) Grant Application AZTEC Field Trainer GPT#0408S001 Requested Amount: $24,818.13 Approved Amount: $24,818.13 Dear Ms. Johnson: Congratulations! Your grant application for funding of an AZTEC Field Trainer position in Mohave County has been approved in the amount of $24,818.13. The funds will be used to fund the salary and ERE for the Field Trainer who is required to provide full-time, on-site business process/AZTEC training to the local superior, justice, and municipal courts in Mohave County. Enclosed is the funding agreement which details the terms and conditions of the grant. The agreement includes a disbursement schedule (Addendum A) and a summary of budgeted items (Addendum B). By accepting state funds, you agree to expend them in the manner prescribed in the funding agreement. Please sign the funding agreement and the Addendum A where indicated. Keep a copy for your records and return the original. The disbursement can only be processed after receipt of the signed funding agreement. Please note that a copy of the Field Trainer Performance Measures is also attached, which will be utilized to measure the effectiveness of the program. Field Trainers are responsible for completion of reports outlined on page 2 of the measures under "Administrative Responsibilities." The AGC will enter the information contained in these reports (see copy of reports attached) into an Access database. No later than 30 days after the project expiration date, the AGC will provide you with a summary report (consisting of the information entered into the Access database) to be verified by you. A final status report is required and due 45 days after the project expiration date June 30, 2006. The final report should include the summary report and a financial report. If you have any questions. please contact me at (602) 364-2379 or send an e-mail to NAcosta@courts.az.qov. Sincerely, ~~ Nora Acosta BudgeUFinancial Specialist / Administrative Services Division NAltm c/encl: Honorable Randolph A. Bartlett, Presiding Judge, Superior Court in Mohave County Honorable Virlynn Tinnell, Clerk of the Court, Superior Court in Mohave County Tom Sockwell. Chairman, County Board of Supervisors 1501 WEST WASHINGTON STREET . PHOENIX, ARIZONA 85007-3231 . 602.542-9300 (TDm 602.542-9545 Arizona Supreme Court Administrative Office of the Courts FUNDING AGREEMENT FOR TRAFFIC CASE PROCESSING FUNDS Superior Court in Mohave County AZTEC Field Trainer Fiscal Year 2006 This Agreement is entered into by and between the Arizona Administrative Office of the Courts, herein referred to as "AOC," on behalf of the Arizona Supreme Court, and the Superior Court in Mohave County, herein referred to as "the Court," in accordance with A.R.S. ~ 28-493 which is incorporated herein by reference. RECITAL The purpose of this Agreement is to provide funding to the Court to implement its approved plan for use of Traffic Case Processing Funds (TCPF) for Fiscal Year 2006, as set forth in Addenda A and B which are part of this Agreement. TERMS AND CONDITIONS 1. TERM OF AGREEMENT This Agreement becomes effective on July 1, 2005, and shalf remain in effect through June 3D, 2006. 2. MODIFICATION AND TERMINATION This Agreement may be modified or terminated bytheAOC ifin its judgment such action is necessary due to: (a) funding availability; (b) statutory changes in the program; (c) the Court's failure to implement or operate the approved plan; (d) the Court's non-compliance with this Agreement, or, (e) other circumstances necessitating such action. Either party may, upon thirty (30) days written notice to the other party by certified mail. terminate this agreement. 3. FUND ACCOUNTING Funds distributed to the Court shall be deposited in a Special Revenue Fund established for the execution of this Agreement pursuant to Administrative Order 91-19. Any interest earned on these monies while in the possession of the Court shall accrue to the fund and shall be accounted for separately. Interest earned on these monies cannot be spent without approval from the AOC. Funds disbursed to the Court for reimbursement of approved expenses do not have to be deposited into a Special Revenue account. 4. EXPENDITURES a. Distribution of Funds. The Ace may retain all or any portion of the funds allocated to the Court for the performance of its approved plan and may authorize direct expenditures for the benefit of the Court. Set forth in Addendum A to this Agreement are the specific amounts to be retained by the AOC and to be disbursed to the Court. The AOC may periodically modify the distribution of funds contained in Addendum A based on its determ ination of the Court's need for and usage of Traffic Case Processing Funds. b. Reporting Requirements. The Court shall submit a final status report to the AGC forty-five days after the end of the grant period ending June 30,2006. It is especiallv important that we receive all status reports because the AOC uses that data for the JCEF funds report. It is critical that the expenditures of all JCEF funds are reported and include all benefits that have been realized. especiallv those measurable deliverables stated in the application and approval letter. The closing report will include a financial report along with any unexpended funds and interest in accordance with paragraph 4.C of this agreement and a detailed narrative report. c. Unexpended Funds. Funds unencumbered as of June 30, 2006 and unexpended as of July 31,2006, plus all unexpended interest accrued on such funds while in the possession of the Court, shall be transmitted to the AOC for reversion to the Traffic Case Processing Fund no later than August 15, 2006. The reversion shall be accompanied by a closing financial statement signed by the Presiding Judge or appropriate Division/Department head if this agreement is between the AGC and an organization other than an Arizona court. d. Inappropriate Expenditures. The Court shall expend funds only for the purposes and uses specified in the approved plan and budget. The Court agrees to reimburse the Traffic Case Processing Fund for any unauthorized or inappropriate expenditures which are not in compliance with the approved plan and budget and this Agreement. Traffic Case Processing Funds shall not be used to pay county or city administrative costs for services associated with receipt of those funds including, but not limited to, the cost of: accounting, payroll, data processing, purchasing, personnel, and building use. All equipment purchased solely with Traffic Case Processing Funds shall be used solely for purposes in the approved plan unless written permission is received from the AGC. e. Budget Modifications. The Court shall not shift funds from, to, or within budgeted categories without prior written authorization from the AGC. All budget modifications shall be in accordance with the current version of Section 5.03, AGC's Policies and Procedures Manual, entitled Budget Control, Budget Modification Policy, a copy of which can be obtained upon request. f. Termination of Funding. In the event that this Agreement is terminated prior to June 30, 2006, all unexpended funds in the possession of the Court shall be returned to the AGC within 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 purchased with Traffic Case Processing Funds. If termination is due to failure of the Court to comply with the approved plan theAOC may require return of equipment and supplies purchased with Traffic Case Processing Funds. 5. BOOKS AND RECORDS a. Financial Records and Examination. The Court 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 Court 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. Court, state, or federal auditors, as applicable, and any other persons duly authorized by the AGC 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 AGC to conduct such audits or examinations. b. Program Records and Evaluation. The AGe plans to monitor and evaluate the Traffic Case Processing Fund Program to determine its effectiveness. As a condition of receipt of Traffic Case Processing Funds, the Court agrees to maintain and provide to the AOC such data and statistics as may be required by the AGC for purposes of evaluation. All records and documents relevant to this Agreement shall be retained by the Court and its subcontractors for a period of five (5) years after the final payment has been made. Authorized agents of the AGe shall have full access to, and the right to examine, copy, and make use of, any and all said materials. The Court further agrees that authorized agents of the AGC 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 AGC to conduct such inspections and evaluations. ., 6. AMERICANS WITH DISABILITIES ACT (ADA) REQUIREMENTS The Court shall comply with the Arizona Judiciary Policy on Access to Court Services by Persons with Disabilities as mandated by Administrative Order 92-32. 7. INVENTORY The Court retains ownership of equipment purchased with funds received pursuant to this agreement, and shall maintain written inventory and property control policies and procedures. The Court may use its existing inventory system but must at a minimum maintain the information required by Supreme Court policies and procedures. See AOC's Policies and Procedures Manual, Section 5.06 for guidance. The Court retains ownership of equipment purchased with funds received pursuant to this funding agreement. 8. USE, LOSS AND DISPOSITION OF EQUIPMENT Equipment must be used as required by the approved plan for duration of this funding agreement, unless written permission is given by the Supreme Court. After this time, the equipment may be transferred upon approval of the presiding judge. The Court is responsible for any maintenance, loss or damage to the equipment and the Supreme Court makes no assurances -regarding its repair or replacement. Equipment, which is no longer needed or usable, shall be placed in surplus as required by this agreement. If no such requirements are included in the funding agreement, then local surplus property procedures may be utilized. The equipment should be offered to another court prior to being placed in surplus. See Attachment c. 9. PERFORMANCE LIABILITY ~xcept as otherwise provided in law, in the performance of this Agreement and the Court's approved plan both parties hereto will be acting in their individual governmental capacities and not as agents, employees, partners, joint venturers, 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 the actions of its employees under this Agreement, and to indemnify and hold the other harmless for the actions of its own employees. 10. VACATION COMPENSATION Where Fill the Gap Funds are allocated for the compensation of full-time employees, the Court, at its option, may provide for the accrual and use of vacation time by such employees consistent with existing the Court policy. Full- time employees are defined as those who work a minimum of 40 hours per week for at least six consecutive months during the term of this Agreement. Further, under no circumstances shall the Court use Fill the Gap Fund monies for the compensation of judges pro tempore or other temporary quasi-judicial officers substituting for either vacationing permanent or pro tempore judges or quasi-judicial officers. ~ Mike Baumstark, Deputy Director Administrative Office of the Courts . ATTACHMENT C ARIZONA COURTS INVENTORY AND PROPERTY CONTROL POLICY The purpose of this section is to set forth minimum procedures and guidelines for fixed assets (furniture and equipment) owned by the Judicial Department Unit (JDU) other than the Supreme Court. It is the intent of this policy that all equipment items are accounted for under an inventory system. Each court, including its probation departments, must be able to account for all equipment regardless ofthefunding source used to purchase the equipment. DEFINITIONS Capital equipment means any piece of property or a fixed asset with a purchase price of $5,000 or more and a usable life of one or more years. Noncapital equipment means any piece of property or a fixed asset with a purchase price of $2,000 to $4999 and usable life of one or more years. Judicial Department Unit (JDU) is any operating unit, office, or court of the Arizona Judicial Department reporting to the Chief Justice; chief judges of the Court of Appeals; presiding judges of the superior court, justice courts, and municipal courts; clerks of court; staff attorneys; divisions of the Administrative Office of the Courts; court administrators; and probation departments, with responsibility for reporting, care, and custody of the fixed asset. Local Governmental Unit (LGU) is any county, city or school district with responsibility for reporting, care, and custody of the fixed asset. POLICY 1. GENERAL This policy covers any equipment valued over $2,000 purchased from state, federal, or other funds provided through the AOe. All acquisitions of equipment using Supreme Court funds will be documented in an agreement. If the AOe provides the funding and the JDU purchases the equipment, a funding agreement will be signed that clearly delineates the JDU owns the equipment. The JDU will record transactions in its fixed asset tracking system. The inventory policy is part of the funding agreement. If the AOC purchases the equipment and transfers ownership of the asset, the JDU will record transactions in its fixed asset tracking system. The inventory policy is part of the equipment grant agreement. The JDU shall maintain written inventory and property control policies and procedures. All equipment included under this policy shall be clearly identified and located for purposes of regular physical inventory. The JDU shall maintain an inventory log as described in the record keeping section of this policy. 2. TAGGING/NUMBERING SYSTEM For items that the Supreme Court purchases and maintains ownership of, the Supreme Court will issue tags and require tagging of the equipment. For all other items, the JDU shall maintain a tagging/numbering system. . 3. RECORD KEEPING The inventory and property control person shall establish accurate records for all equipment under this policy. These records for capital and non-capital equipment shall, at a minimum, indicate: - Acquisition date - A brief description of the item - Current location (code or suitable alternative) - Program funding source - Tag or asset number - Model and serial number - Account number - Purchase document number (claim/voucher) - Original cost including shipping, taxes. and installation The inventory control records shall be maintained in such a fashion as to permit ready access and review. 4. INVENTORY SCHEDULE The JDU shall conduct a physical inventory of equipment annually. The report of the physical inventory shall be maintained and available for review and audit upon request by the AOC. 5. TRANSFER OF EQUIPMENT Equipment must be used for the approved purpose for five years, unless written permission is given by the AOC. After five years, the equipment may be transferred upon approval of the presiding judge of the court. 6. SURPLUS PROPERTY Equipment, which is no longer needed or usable, shall be placed in surplus in accordance with the following: For equipment for which title was granted to the JDU, the JDU shall follow any procedures required by the original funding agreement. If no such requirements are included in the funding agreement, then local surplus property procedures may be utilized. 7. MODIFICATION TO THIS POLICY The Arizona Supreme Court, AOC, reserves the right to modify this policy as needed. ADDENDUM A TO APPROVED RECOMMENDATION AND FUNDING AGREEMENT FOR TRAFFIC CASE PROCESSING FUNDS GRANTEE: Superior Court in Mohave County ADDENDUM DATE: November 4, 2005 BEGIN DATE: July 1. 2005 END DATE: June 30. 2006 NOTE: This addendum supersedes all previously dated addenda. FUND SUMMARY: Personnel $32,677.80 Em ployee-Related Expenses $16,958.45 Professional Services $00 Travel $00 Operating Expenses $00 Equipment $00 TOTAL FUNDS: $49,636.25 AMOUNT FROM OTHER SOURCES:: Fill the Gap $24,818.12 Local JCEF $00 Municipal Fill the Gap $00 Other: Local JCEF FY05 C/O $00 TOTAL: $24,818.12 AMOUNT TO BE DISBURSED TO COURTS: Upon Receipt of Funding Agreement $12,409.13 February 15,2006 $12,409.00 TOTAL AMOUNT APPROVED FOR DISBURSEMENT: $24,818.13 TOTAL AMOUNT APPROVED FOR EXPENDITURE: $49,636.25 * Since the AOC cannot guarantee how much revenue will be generated from the 7% surcharge and the 5% appellate set-aside for FY06. any shortfall will be the financial responsibility of Mohave County. In the event that Fill the Gap funds retained by the AOC are insufficient to fund the approved request. or funds are reduced by legislative action. there is no obligation or approval to provide funds from other sources on the part of the Aoe. Signed: Date: /I/tj/Cb S~ned: D~e: a A ~/I;U~ /&/0/0) Honorable Randolph A. Bartlett . ' Presiding Judge, Superior Court in Mohave County . ADDENDUM 8 TO APPROVED RECOMMENDATION AND FUNDING AGREEMENT FOR TRAFFIC CASE PROCESSING FUNDS GRANTEE: Superior Court in Mohave County ADDENDUM DATE: November 4, 2005 BEGIN DATE: July 1, 2002 END DATE: June 30, 2003 NOTE: This addendum supersedes all previously dated addenda. PERSONNEL COSTS: Employee Hours Length of Hourly ERE Total Position Per Week Appointment Salary % Request Field Trainer 1 year $32,677.80 TOTAL FUNDS: $32,677.80 EMPLOYEE RELATED EXPENSI:S: Employee Position Total ERE Field Trainer $16,958.45 Subtotal Employee Related I:xpenses: $16,958.45 PROFESSIONAL SERVICES Item: Cost Subtotal Professional Services Expenses: $00 TRAVEL: Item: Cost Subtotal Travel Expenses: $00 OPERATING EXPENSES: Item: Cost Subtotal Operating Expenses $00 EQUIPMENT EXPENSES: Item: Cost Subtotal Equipment Expenses $00 TOTAL FY 06 BUDGET: $49,636.25