MARICOPA FLEET GRANT AGREEMENT 9.19.22 2022-189.PDF
Extracted text (via pymupdf)
14174 characters
Contract No. Arizona Supreme Court Administrative Office of the Courts EQUIPMENT GRANT AGREEMENT This Agreement is between the Arizona Supreme Court, the Administrative Office of the Courts (“Court”), and the Maricopa County Adult Probation Department and the Maricopa County Juvenile Probation Department (“Grantees”). The Court and Grantees may be referred to separately as a “Party” or “Parties” and collectively referred to as “Parties.” RECITALS A. The Court has assigned certain Court-owned vehicles to Maricopa County Adult and Juvenile Intensive Probation for the purpose of, and under an approved plan for, providing Community Supervision of adult and juvenile probationers. B. A.R.S. § 12-269(A) provides: “[t]he administrative office of the courts shall not disburse any direct state aid for probation services monies, including motor pool costs, that are appropriated for juvenile intensive probation services pursuant to section 8-353, state aid for probation services pursuant to section 12-262, adult intensive probation pursuant to title 13, chapter 9 and community punishment programs pursuant to article 11 of this chapter to a county with a population of two million or more persons.” Maricopa County has a population of two million or more persons. C. Under A.R.S. § 12-269(A), the Court issues monthly invoices to Maricopa County Adult and Juvenile Probation Departments for the motor pool costs for these vehicles. D. Recent state law changes concerning the management and replacement of state- owned motor vehicles leaves the Court without access to funds it previously paid for the replacement of the vehicles assigned to the Maricopa County Adult and Juvenile Probation Departments. E. “Excess property” means property that has a remaining useful life but is no longer required by the using entity in possession of the property. F. Given the Court’s inability to replace these vehicles when due and because the Maricopa County Adult and Juvenile Probation Departments are responsible for the motor pool costs for these vehicles, it is in the best interest of the Parties’ and their desire and intent that the vehicles currently assigned by the Court for the use of these Departments be declared excess Court property and granted to the Maricopa County Adult Probation Department and the Maricopa County Juvenile Probation Department. 2022-189 2 of 6 AGREEMENT 1. Term. This Agreement becomes effective on execution. 2. Modification and Termination. This Agreement may be modified or terminated by the Court if, in its judgment, termination is necessary due to: (a) lack of funding; (b) statutory changes in the program; (c) Grantees’ failure to implement or operate the approved plan; (d) Grantees. non-compliance with this Agreement or other program requirements, or (e) other circumstances necessitating such action. In the case of termination under (c) or (d) above, the Court may require return of equipment and supplies purchased by the Court. Either Party may terminate this agreement upon thirty (30) days written notice to the other Party by certified mail. 3. Equipment. The vehicles currently assigned for the use of Grantees and the subject of the Court’s request for authorization to dispose of excess state property are described in Attachment A (“Equipment”). All Equipment is currently in the possession of Grantees and Grantees have used the Equipment, according to the approved plan, for the purpose of providing Community Supervision of adult and juvenile probationers. 4. Inventory. Equipment granted under this Agreement will be the property of Grantees, and Grantees will follow the written inventory and property control policies and procedures of Maricopa County for the Equipment. 5. Conditions. a. The transfer of Equipment ownership to Grantees is expressly conditioned on the final approval by the Arizona Department of Administration (“ADOA”) of the Court’s pending request for authorization to dispose of excess state property. b. ADOA final approval of the Court’s pending request for authorization to dispose of excess state property is expressly conditioned on approval of this Agreement by the Maricopa County Board of Supervisors and the Presiding Judge of the Superior Court of Maricopa County. 6. Title and Vehicle Plates. Upon satisfaction of the Conditions stated in Paragraph 5 of this Agreement, the Court will transfer title of the Equipment to Grantees. Upon transfer of the Equipment to Grantees, Grantees must, at Grantees’ expense, re-title and re-plate all Equipment. 7. As Is. Grantees agree to take title to the Equipment as is. Upon transfer of the Equipment to Grantees, Grantees are responsible for all costs related to the maintenance, repair, disposal, and replacement of the Equipment regardless of either Party’s knowledge, actual or implied, as to the condition of any Equipment as of the transfer of title. The Court makes no assurances or warranties as to the condition, repair, or replacement of any Equipment. 3 of 6 8. Use, Loss and Disposition of Equipment. Grantees agree that after taking title and ownership to the Equipment, they will use the Equipment, according to the approved plan, only for the purpose of providing Community Supervision of adult and juvenile probationers. Pursuant to Arizona Administrative Code (“AAC”) R2-15-303(D), Grantees expressly agree not to transfer title or dispose of the equipment within the 12-month period from Grantees’ receipt of the Equipment without prior approval of the ADOA Surplus Property Administrator. 9. Books and Records; Examination. All books, records, and other documents relevant to this Agreement must be retained by Grantees and their subcontractors for a period of five (5) years after the transfer of title of the Equipment to Grantees, or until after the resolution of any audit questions or contract disputes, whichever is longer. Court, state, county, or federal auditors, as applicable, and any other persons duly authorized by the Court, will have full access to, and the right to examine, audit, copy, and make use of any and all said books, records, and other documents. All subcontracts entered into by Grantees concerning the Equipment must include a provision acknowledging the authority of the Court to conduct audits or examinations of books, records, and other documents. 10. Status of Parties. Except as otherwise provided by law, in the performance of this Agreement and in Grantees’ use of the granted Equipment according to the approved plan for the purpose of providing Community Supervision of adult and juvenile probationers, both Parties to this Agreement are 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 will not be deemed or construed to be the employees or agents of the other Party. Each Party is solely responsible for the actions of its employees under this Agreement. 11. Indemnification. To the fullest extent permitted by law, Grantees will defend, indemnify, and hold harmless the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (“Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (“Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Grantees or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of, or recovered under, the Workers’ Compensation Law or arising out of the failure of such Grantee(s) to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the Parties that the Indemnitee will, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Grantee(s) from and against any and all claims. It is agreed that Grantee(s) will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration of the grant of Equipment under this Agreement, Grantee(s) agree(s) to waive all rights of subrogation against the Court, the State of Arizona, their officers, officials, agents, and employees for losses arising from the performance of this Agreement. 4 of 6 This Agreement is approved by these authorized representatives of the Parties: ARIZONA SUPREME COURT MARICOPA COUNTY By: By: Print Name: Print Name: Title: Title: Presiding Judge Date: Date: Approved by: MARICOPA COUNTY BOARD OF SUPERVISORS By: Print Name: Title: Date: Attested to by: By: Print Name: Title: Clerk of the Board Date: SIGN Marcus Reinkensmeyer Digitally signed by Marcus Reinkensmeyer Date: 2022.09.23 09:33:58 -07'00' SIGN Deputy Director SIGN SIGN 5 of 6 Attachment A EQUIPMENT GRANT AGREEMENT INVENTORY LOCATION YEAR MAKE MODEL VIN ADULT PROBATION 2006 FORD TAURUS 1FAFP53256A262864 ADULT PROBATION 2008 CHEVROLET IMPALA 2G1WB58K289202713 ADULT PROBATION 2011 CHEVROLET IMPALA 2G1WF5EK4B1211797 ADULT PROBATION 2011 CHEVROLET IMPALA 2G1WF5EK5B1213445 ADULT PROBATION 2012 CHEVROLET IMPALA 2G1WF5E34C1259407 ADULT PROBATION 2012 CHEVROLET IMPALA 2G1WF5E39C1269558 ADULT PROBATION 2012 CHEVROLET IMPALA 2G1WF5E36C1268531 ADULT PROBATION 2012 CHEVROLET IMPALA 2G1WF5E39C1269964 ADULT PROBATION 2012 CHEVROLET IMPALA 2G1WF5E35C1267015 ADULT PROBATION 2012 CHEVROLET IMPALA 2G1WF5E3XC1270282 ADULT PROBATION 2012 CHEVROLET IMPALA 2G1WF5E32C1272558 ADULT PROBATION 2012 CHEVROLET IMPALA 2G1WF5E3XC1268497 ADULT PROBATION 2012 CHEVROLET IMPALA 2G1WF5E32C1268378 ADULT PROBATION 2012 CHEVROLET MALIBU 1G1ZA5EUXCF336276 ADULT PROBATION 2012 CHEVROLET MALIBU 1G1ZA5EU4CF308117 ADULT PROBATION 2013 CHEVROLET IMPALA 2G1WF5E35D1218320 ADULT PROBATION 2013 CHEVROLET IMPALA 2G1WF5E36D1215703 ADULT PROBATION 2013 CHEVROLET IMPALA 2G1WF5E33D1216596 ADULT PROBATION 2013 JEEP CHEROKEE 1C4RJFAG6DC639555 ADULT PROBATION 2014 CHEVROLET IMPALA 2G1WA5E38E1173356 ADULT PROBATION 2014 CHEVROLET IMPALA 2G1WA5E31E1172422 ADULT PROBATION 2014 CHEVROLET IMPALA 2G1WA5E37E1172859 ADULT PROBATION 2014 CHEVROLET IMPALA 2G1WA5E34E1173399 ADULT PROBATION 2014 CHEVROLET IMPALA 2G1WA5E34E1172771 ADULT PROBATION 2014 CHEVROLET IMPALA 2G1WA5E3XE1172726 ADULT PROBATION 2014 CHEVROLET IMPALA 2G1WA5E32E1173014 ADULT PROBATION 2014 CHEVROLET IMPALA 2G1WA5E39E1173365 ADULT PROBATION 2014 CHEVROLET IMPALA 2G1WA5E3XE1172810 ADULT PROBATION 2014 CHEVROLET IMPALA 2G1WA5E34E1172835 ADULT PROBATION 2014 CHEVROLET IMPALA 2G1WA5E34E1173239 ADULT PROBATION 2014 CHEVROLET IMPALA 2G1WA5E39E1145095 ADULT PROBATION 2014 CHEVROLET IMPALA 2G1WA5E31E1174283 ADULT PROBATION 2014 CHEVROLET IMPALA 2G1WA5E3XE1172869 ADULT PROBATION 2014 CHEVROLET IMPALA 2G1WA5E37E1173350 6 of 6 ADULT PROBATION 2014 CHEVROLET IMPALA 2G1WA5E32E1172798 ADULT PROBATION 2014 CHEVROLET IMPALA 2G1WA5E38E1172711 ADULT PROBATION 2014 CHEVROLET IMPALA 2G1WA5E3XE1175013 ADULT PROBATION 2014 CHEVROLET IMPALA 2G1WA5E31E1172713 ADULT PROBATION 2014 CHEVROLET IMPALA 2G1WA5E36E1173291 ADULT PROBATION 2015 CHEVROLET IMPALA 2G1WA5E39F1171679 ADULT PROBATION 2015 CHEVROLET IMPALA 2G1WA5E32F1170003 ADULT PROBATION 2016 CHEVROLET EXPRESS 1GAZGPFF7G1255149 ADULT PROBATION 2016 FORD FOCUS 1FADP3E21GL214244 ADULT PROBATION 2016 FORD FUSION 3FA6P0G74GR315781 ADULT PROBATION 2017 CHEVROLET EQUINOX 2GNALBEK3H1570647 ADULT PROBATION 2017 FORD FUSION 3FA6P0G70HR330523 ADULT PROBATION 2017 FORD FUSION 3FA6P0G78HR326459 ADULT PROBATION 2018 FORD FUSION 3FA6P0UU7JR270448 ADULT PROBATION 2018 FORD FUSION 3FA6P0UUXJR273425 ADULT PROBATION 2018 FORD FUSION 3FA6P0UU6JR273423 ADULT PROBATION 2018 FORD TAURUS 1FAHP2D87JG117793 ADULT PROBATION 2018 FORD TAURUS 1FAHP2D85JG117789 ADULT PROBATION 2019 CHEVROLET IMPALA 2G11X5S36K9141290 ADULT PROBATION 2019 CHEVROLET IMPALA 2G11X5S35K9140955 ADULT PROBATION 2019 FORD FUSION 3FA6P0LU1KR153998 ADULT PROBATION 2019 FORD FUSION 3FA6P0LUXKR153997 ADULT PROBATION 2021 FORD EXPLORER 1FMSK8BB4MGA65491 ADULT PROBATION 2021 FORD EXPLORER 1FMSK8BB7MGA65498 ADULT PROBATION 2021 FORD EXPLORER 1FMSK8BBXMGA65494 JUVENILE PROBATION 2013 CHEVROLET IMPALA 2G1WF5E34D1217885 JUVENILE PROBATION 2014 CHEVROLET IMPALA 2G1WA5E34E1173127 JUVENILE PROBATION 2016 FORD E350 1FBAX2CG4GKA40945 JUVENILE PROBATION 2016 FORD E350 1FBAX2CM9GKA40946 JUVENILE PROBATION 2017 FORD FUSION 3FA6P0G79HR330522 JUVENILE PROBATION 2019 CHEVROLET IMPALA 2G11X5S3XK9141356 JUVENILE PROBATION 2019 CHEVROLET IMPALA 1G11X5S32KU140463 JUVENILE PROBATION 2019 CHEVROLET IMPALA 1G11X5S30KU137383 JUVENILE PROBATION 2019 FORD FUSION 3FA6P0LU6KR153995 JUVENILE PROBATION 2019 FORD FUSION 3FA6P0LU3KR153999 JUVENILE PROBATION 2020 FORD EXPLORER 1FMSK8BB9LGB76570 JUVENILE PROBATION 2020 FORD EXPLORER 1FMSK8BB0LGB76571