FY24 LE GRANT CONTRACT - MARICOPA COUNTY ATTORNEY'S OFFICE.DOCX
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Arizona Department of Insurance and Financial Institutions
100 N 15th Avenue, Suite 261, Phoenix, Arizona 85007
Phone: (602) 364-3100 | Web: difi.az.gov
Katie Hobbs
Governor
Barbara D. Richardson
Cabinet Executive Officer
Executive Deputy Director
ARIZONA AUTOMOBILE THEFT AUTHORITY -
FY24 LAW ENFORCEMENT GRANT AGREEMENT
This “Agreement” is made by and between the Arizona Automobile Theft Authority, hereinafter
referred to as the AATA, and the Maricopa County Attorney’s Office, hereinafter referred to
as the GRANTEE. AATA and GRANTEE are referred to herein individually as a "Party" and
collectively as the "Parties." The AATA 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:
AATA LAW ENFORCEMENT AWARD
Total
Travel Reimbursement - Frank Woods,
Prosecutor
$1,213.43
Total AATA Approved
$1,213.43
NOW, THEREFORE, it is agreed between the Parties as follows:
1.
This Agreement will commence when all signatures have been obtained. All grant funds
must be expended by June 30, 2024, unless an extension has been requested and
received. This Agreement is subject to cancellation pursuant to the provision of ARS
§38-511. The AATA may cancel this Agreement, without penalty or further obligation, if
any person significantly involved in initiating, negotiating, securing, drafting or creating
the contract on behalf of the AATA is at any time while the contract or any extension of
the contract is in effect, an employee or agent of the GRANTEE to the contract in any
capacity or a consultant to any other party of the contract with respect to the subject
matter of the contract. This AATA grant expires at the end of the agreement period,
unless prior written approval for an extension has been obtained from the AATA. The
GRANTEE agrees to return all unexpended funds to the AATA 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 $2,500, the AATA requires the GRANTEE to record and
report performance activity and impact of the equipment on vehicle theft in its jurisdiction
for one year or the useful life of the equipment, whichever is less. In addition, the
GRANTEE will own the equipment awarded through the grant and will be responsible for
the equipment after one year.
4.
The GRANTEE shall operate in a manner consistent with, and in compliance with, the
provisions and stipulations of the approved AATA grant and this Agreement. If the AATA
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 AATA may suspend funding or permanently terminate this Agreement
and/or revoke the grant. Any deviation or failure to comply with the purposes and/or
conditions of this Agreement without written permission from the AATA may constitute
sufficient reason for the AATA to terminate this 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 AATA and will be based on funding
availability.
6.
Requests for budget adjustments and/or reprogramming must be submitted in writing to
the AATA.
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 AATA may terminate this Agreement at the end of the period for which funds are
available. No liability shall accrue to the AATA in the event this provision is exercised,
and the AATA 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 AATA grant funds and shall
remit the remaining unspent grant balance and interest accrued to the AATA within 60
days of the expiration of this grant.
9.
The GRANTEE agrees that it will provide accounting, auditing, and monitoring
procedures to safeguard AATA grant funds and keep such records to assure proper
fiscal controls, management, and the efficient disbursement of AATA 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 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 activity reports to
the AATA for four quarters after project implementation, documenting the activities
supported by the AATA 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.
11. This Agreement may be modified only by a writing that expressly states that it is
intended to modify this Agreement and signed by persons duly authorized to enter into
agreements on behalf of the AATA and GRANTEE. Any notice given pursuant to this
Agreement shall be considered to have been given when actually received by the
following addresses or their agents or employees.
If to the AATA:
Arizona Automobile Theft Authority
100 N. 15th Avenue, Suite 261
Phoenix, Arizona 85007
Attn: James McGuffin,
AATA Assistant Director
If to the GRANTEE:
Maricopa County Attorney’s Office
225 West Madison Street
Phoenix, AZ 85003
Attn: Rachel Mitchell
12. The GRANTEE agrees that it shall comply with applicable nondiscrimination
requirements of ARS §41-1463, applicable State and Federal civil rights laws, and
Executive Orders 2023-1 and 2023-9.
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 immediately notify the AATA and shall share all information regarding such matter
and shall cooperate in addressing the matter.
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 of the employee through
the E-Verify program.
a.
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.
b.
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.
c.
The AATA retains the legal right to inspect the employment documents of any
employee who works on the contract to ensure that the contractor or
subcontractor is complying with the warranty under paragraph 1.
15. This Agreement shall be construed in accordance with the laws of the State of Arizona,
without regard to its conflict of laws provisions. All claims or controversies under this
Agreement shall be resolved according to A.R.S. Title 41, Chapter 24. Venue for
resolution of any dispute arising out of this Agreement shall be Maricopa County,
Arizona. Each Party hereby waives on behalf of itself and its successors and assigns
any and all right to argue that the choice of forum provision is or has become
unreasonable in any legal proceeding.
16. Nothing contained in this Agreement creates a relationship of partnership, joint venture,
agency, or employment between the Parties or any of their employees, officers, agents,
or contractors. The GRANTEE agrees to hold the AATA harmless from the actions of
the GRANTEE and GRANTEE'S employees.
17. The GRANTEE and the AATA agree to use arbitration in the event of disputes in
accordance with the provisions of ARS §12-1518, except as may be required by other
applicable statutes.
18. No right or interest in this Agreement shall be assigned by GRANTEE without prior
written approval of the AATA, signed by an authorized representative of AATA. No
delegation of any duty of GRANTEE shall be made without the prior written approval of
the AATA, signed by an authorized representative of the AATA. GRANTEE shall not
enter into any contract for the performance of GRANTEE’s work under this Agreement
without the advance written approval of the AATA, signed by an authorized
representative of the AATA. In such an event, GRANTEE shall clearly identify any
proposed contractors and fully describe each contractor’s proposed responsibilities. Any
such contract shall incorporate by reference all of the terms and conditions of this
Agreement.
19. The GRANTEE assigns to the AATA any claim for overcharges resulting from antitrust
violations to the extent that such violations concern materials (as defined in A.R.S.
§ 41-2503) or services (as defined in A.R.S. § 41-2503) supplied by third parties to the
GRANTEE toward fulfillment of this Agreement.
20. This Agreement constitutes the entire agreement between the GRANTEE and the AATA
and supersedes any other written or oral agreement between the Parties with respect to
the subject matter of this Agreement. No parol evidence, no course of prior dealings
between the Parties, and no usage of the trade shall supplement or explain any terms
used in this Agreement.
21. Any rule of construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in interpreting this Agreement.
22. In the event that any term, covenant or condition herein contained should be held to be
invalid or void, the invalidity of any such term, covenant or condition shall in no way
affect any other term, covenant or condition of this Agreement.
23. Each Party hereby agrees to perform any further acts and to execute and deliver any
documents that may be reasonably necessary to carry out the provisions of this
Agreement.
24. This Agreement will inure exclusively to the benefit of and be binding upon only the
Parties to this Agreement, and to their respective successors, assigns, executors and
legal representatives. Except as expressly provided in this Agreement, nothing in this
Agreement confers on any person other than the Parties hereto or their respective
successors and assigns, any rights, remedies, obligations, or liabilities.
25. In the event that either Party becomes aware of any claim made by or expected from a
claimant against a Party to this Agreement, which claim relates to the subject matter of
this Agreement, that Party will immediately notify the other Party, and the Parties will
share all information regarding such matter and cooperate with each other in addressing
the matter.
26. Any failure by either Party to enforce the other Party's strict performance of any provision
of this Agreement will not constitute a waiver of its right to subsequently enforce such
provision or any other provision of this Agreement. It is expressly agreed that in the
execution of this Agreement, neither Party waives, nor shall be deemed to waive under
this Agreement, any immunity or defense that would otherwise be available to it against
any claim. The AATA may delay enforcing any of its rights under this Agreement without
losing them.
27. Each provision of law and any terms required by law to be in this Agreement are a part
of this Agreement as if fully stated in it.
IN WITNESS WHEREOF, the parties have made and executed this Agreement the day and
year first above written.
FOR THE GRANTEE:
_____________________________________________ Date: __________________________
Rachel Mitchell, Maricopa County Attorney
FOR THE AUTOMOBILE THEFT AUTHORITY:
_____________________________________________ Date: __________________________
James McGuffin, Assistant Director, Automobile Theft Authority & Public Information
Division