AMENDED APRIL 1 2024 FY24 ATA VERTICAL PROSECUTION GRANT CONTRACT MARICOPA COUNTY.DOCX
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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
4/1/2024 - AMENDED Contract – Budget Increase $101,142.14 (Total Award $392,541.14)
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 (Amended 4/1/24) Total
2 Attorneys and Paralegal Salaries/ERE
$291,399.00
Total ATA Approved (June 21, 2023)
$291,399.00
FY24 Budget Amendment Approved (4/1/24) $101,142,14
(Full program funding)
Total FY24 Grant Funding with Budget Increase
$392,541.14
NOW, THEREFORE, it is agreed between the Parties as follows:
1.
This Agreement will commence on April 1, 2024. 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
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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
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
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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.
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.
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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.)
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
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FOR THE GRANTEE:
Date:
Rachel H. Mitchell, Maricopa County Attorney
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