FY24_ATA_VERTICAL_PROSECUTION.PDF

Board Approved: 7-26-2023                                                                                C#:  C-19-24-000-X-00 
 
Arizona Department of Insurance  
and Financial Institutions 
100 N 15th Avenue, Suite 261, Phoenix, AZ 85007 
Phone: (602) 364-3100 | Web:difi.az.gov 
Katie Hobbs, Governor 
Barbara Richardson, Director 
 
ARIZONA AUTOMOBILE THEFT AUTHORITY 
 
FY24 VERTICAL PROSECUTION GRANT AGREEMENT 
This Agreement is made by and between the Automobile Theft Authority, 
hereinafter referred to as the ATA, and the Maricopa County Attorney’s Office, 
hereinafter referred to as the GRANTEE. ATA and GRANTEE are referred to 
herein individually as a "Party" and collectively as the "Parties." The ATA enters 
into this Agreement pursuant to its authority under the provision of ARS §41-
3451 and having satisfied itself as to the qualifications of the GRANTEE. 
 
APPROVED FY24 GRANT REQUEST: 
ATA VERTICAL PROSECUTION AWARD 
Total
2 Attorneys and Paralegal Salaries/ERE  
$291,399.00
Total ATA Approved 
$291,399.00
 
NOW, THEREFORE, it is agreed between the Parties as follows: 
 
1. 
This Agreement will commence on July 1, 2023. All grant funds must be 
expended by June 30, 2024. This agreement is subject to cancellation pursuant 
to the provision of ARS §38-511. This ATA grant expires at the end of the 
agreement period, unless prior written approval for an extension has been 
obtained from the ATA. The GRANTEE agrees to return all unexpended funds to 
the ATA within 60 days of the expiration date of this grant should termination 
occur prior to original expiration date, unless a grant extension is agreed to and 
an approved carry forward is authorized. 
2. 
Grant funds will not be used to supplant Federal, State, County, or local funds 
that would otherwise be made available to the GRANTEE for law enforcement 
purposes. Grant funds that are distributed pursuant to this agreement are not to 
be expended for any indirect costs incurred by the GRANTEE for the 
administration of this grant. 
 
3. 
If equipment is valued over $1,000, the ATA requires the GRANTEE to record 
and report performance data and impact on vehicle theft in its jurisdiction for five 
years or the useful life of the equipment, whichever is less. In addition, the 
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GRANTEE will own the equipment awarded through the grant and will be 
responsible for maintaining the equipment in good working order. 
4. 
The GRANTEE shall operate in a manner consistent with, and in compliance 
with, the provisions and stipulations of the approved ATA grant application letter 
and this agreement. If the ATA finds non-compliance, the GRANTEE will receive 
a formal written notice that identifies the area of non-compliance and the 
appropriate corrective action to be taken. If the GRANTEE does not respond 
within 30 calendar days to this notice, and does not provide sufficient information 
concerning the steps that are being taken to correct the problem, the ATA may 
suspend funding or permanently terminate the agreement or revoke the grant. 
Any deviation or failure to comply with the purposes and/or conditions of this 
agreement without written permission from the ATA may constitute sufficient 
reason for the ATA to terminate the agreement. The revocation of the grant will 
require the return of all unspent funds and require that an audit of expended 
funds be performed at GRANTEE's expense. It will also require the return of any 
previously expended funds that may have been spent in violation of the purposes 
and conditions of the grant. 
5. 
The final funding schedule will be determined by the ATA and will be based on 
funding availability. 
6. 
Requests for budget adjustments and/or reprogramming must be submitted in 
writing to the ATA.  
7. 
The GRANTEE agrees to notify the ATA when staffing vacancies or changes 
occur within the grant period. 
8. 
The grant funds awarded under this agreement are conditioned upon the 
availability of funds appropriated or allocated for the cash payment of such 
obligation. If funds are not allocated, are reverted or otherwise unavailable for the 
continuance of this agreement, the ATA may terminate this agreement at the end 
of the period for which funds are available. No liability shall accrue to the ATA in 
the event this provision is exercised, and the ATA shall not be obligated or liable 
for any future payments or for any damages as a result of termination under this 
paragraph. 
 
9. 
The GRANTEE agrees to account for the interest earned on ATA grant funds, 
use interest only for the purpose of paying ATA approved grant expenditures, 
and shall remit interest earned to the ATA within 60 days of the expiration of this 
grant, unless a prior written request justifying the uses of such funds is submitted 
and approved by the ATA. 
10. 
The GRANTEE agrees that it will provide accounting, auditing, and monitoring 
procedures to safeguard ATA grant funds and keep such records to assure 
proper fiscal controls, management, and the efficient disbursement of ATA grant 
funds. 
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Pursuant to the provisions of ARS §35-214 and ARS §35-215, GRANTEE shall 
retain all books, account reports, files, and other records relating to this 
agreement and performance of this agreement for a period of five (5) years after 
the completion of this agreement. All such documents shall be subject to 
inspection and audit at reasonable times. 
11. 
The GRANTEE agrees to submit quarterly financial and performance reports to 
the ATA, documenting the activities supported by the ATA grant funds and 
providing an assessment of the impact of those activities on the criminal justice 
system. Effective FY24, all reporting is submitted through the Ecivis grant 
management system. 
12. 
This agreement may be modified only by a written amendment signed by 
persons duly authorized to enter into agreements on behalf of the ATA and 
GRANTEE. Any notice given pursuant to this agreement shall be in writing and 
shall be considered to have been given when actually received by the following 
addresses or their agents or employees. 
If to the ATA: 
 
Arizona Automobile Theft Authority 
100 N. 15th Avenue, Suite 261 
Phoenix, Arizona 85007 
            Attn: James McGuffin, ATA Assistant Director  
If to the GRANTEE: 
 
Maricopa County Attorney’s Office  
225 W. Madison Street, Phoenix AZ 85003  
Attn: Rachel Mitchell, Maricopa County Attorney 
 
13. 
The GRANTEE agrees that it will comply with applicable nondiscrimination 
requirements of ARS §41-1463, applicable State and Federal civil rights laws, 
and Executive Order 2023-1. 
14. 
The GRANTEE agrees that in the event that a Federal or State court, or Federal 
or State administrative agency, after a due process hearing, makes a finding of 
discrimination on the grounds of race, color, religion, national origin, sex, age, or 
handicap against the GRANTEE regarding the program or activities supported by 
this grant, the GRANTEE will forward a copy of such findings to the ATA. 
15. 
The GRANTEE warrants compliance with all Federal immigration laws and 
regulations relating to employees and warrants its compliance with ARS §41- 
4401 and ARS §23-214, Subsection A. (That subsection reads: "After December 
31, 2007, every employer, after hiring an employee shall verify the employment 
eligibility if the employee through the E-Verify program.) 
 
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A breach of a warranty regarding compliance with immigration laws and 
regulations shall be deemed a material breach of the contract and the GRANTEE 
may be subject to penalties up to and including termination of the contract. 
 
 
Failure to comply with a State audit process to randomly verify the employment 
records of contractors and subcontractors shall be deemed a material breach of 
the contract and the GRANTEE may be subject to penalties up to and including 
termination of the contract. 
 
 
The ATA retains the legal right to inspect the papers of any employee who works 
on the contract to ensure that the contractor or subcontractor is complying with 
the warranty under paragraph 1. 
16. 
This Agreement shall be construed in accordance with the laws of the State of 
Arizona, without regard to its conflict of laws provisions. 
17. 
The GRANTEE agrees that it is acting as an independent contractor and agrees 
to hold the ATA harmless from the actions of the GRANTEE and GRANTEE'S 
employees. 
18. 
The GRANTEE and the ATA agree to use arbitration in the event of disputes in 
accordance with the provisions of ARS §12-1518. 
 
 
No right or interest in this Agreement shall be assigned by GRANTEE without prior 
written approval of the ATA. No delegation of any duty of GRANTEE shall be made 
without the prior written approval of the ATA. 
 
19. 
The GRANTEE assigns to the State any claim for overcharges resulting from 
antitrust violations to the extent that such violations concern materials or services 
supplied by third parties to the GRANTEE toward fulfillment of this agreement. 
 
IN WITNESS WHEREOF, the parties have made and executed this agreement the 
day and year first above written. 
 
FOR THE GRANTEE: 
 
 Date:  
 
Kim Miles, Legal Representative  
 
 
FOR THE GRANTEE: 
 
 Date:  
 
Rachel H. Mitchell, Maricopa County Attorney 
 
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7/5/2023
7/20/2023

C#:  C-19-24-000-X-00                           
 
FOR THE GRANTEE: 
 
 Date:  
 
Clint Hickman, Maricopa County Board of Supervisors Chairman 
 
 
 
FOR THE GRANTEE: 
 
 Date:  
 
Clerk of the Board  
 
 
 
FOR THE AUTOMOBILE THEFT AUTHORITY: 
 
 Date:  
 
James McGuffin, Assistant Director, Automobile Theft Authority & Public 
Information Division 
 
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