FY23_ATA_GRANT_CONTRACT_TEMP.PDF

Arizona Department of Insurance  
and Financial Institutions 
100 N 15th Avenue, Suite 261, Phoenix, Arizona 85007 
Phone: (602) 364-3100 | Web:difi.az.gov 
Douglas A. Ducey, Governor 
Evan G. Daniels, Director 
 
ARIZONA AUTOMOBILE THEFT AUTHORITY 
 
FY23 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 FY23 GRANT REQUEST: 
ATA VERTICAL PROSECUTION AWARD 
Total 
 
 
2 Attorneys and Paralegal Salary and ERE  
$235,751.00 
 
 
Total ATA Approved 
$235,751.00 
 
NOW, THEREFORE, it is agreed between the Parties as follows: 
 
1. 
This Agreement will commence on July 1, 2022. All grant funds must 
be expended by 06/30/2023. 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 
DocuSign Envelope ID: 9C3F5A79-CEAE-481D-B7B1-2D8CEFA63500

less. In addition, the 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 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. 
 
8. 
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. 
9. 
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. 
 
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 
DocuSign Envelope ID: 9C3F5A79-CEAE-481D-B7B1-2D8CEFA63500

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. 
10. 
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. Reports are submitted through 
the ATA Grant Database web-portal. 
 
11. 
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 addressees or their agents or 
employees. 
If to the ATA: 
 
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: Ms. Rachel Mitchell, Maricopa County Attorney 
 
 
DocuSign Envelope ID: 9C3F5A79-CEAE-481D-B7B1-2D8CEFA63500

12. 
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 2009-9. 
13. 
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. 
14. 
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.) 
 
 
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. 
15. 
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. 
16. 
The GRANTEE and the ATA agree to use arbitration in the event of 
disputes in accordance with the provisions of ARS §12-1501 et seq. 
 
 
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. 
 
17. 
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. 
 
 
 
DocuSign Envelope ID: 9C3F5A79-CEAE-481D-B7B1-2D8CEFA63500

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 
 
 
FOR THE GRANTEE: 
 
 Date:  
 
Bill Gates, 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 
 
DocuSign Envelope ID: 9C3F5A79-CEAE-481D-B7B1-2D8CEFA63500
7/7/2022
7/14/2022