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ARIZONA AUTOMOBILE THEFT AUTHORITY FY 2017 LAW ENFORCEMENT GRANT AGREEMENT This Agreement is made this 07/0112016, by and between the Arizona Automobile Theft Authority, hereinafter referred to as the AATA, and Maricopa County on behalf of the Maricopa County Sheriff 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 AR.S. § 41-3451 and having satisfied itself as to the qualifications of the GRANTEE. NOW, THEREFORE, it is agreed between the Parties as follows: 1. This Agreement will commence on 07/01/2016. All grant funds must be expended by 06/3012017. This agreement is subject to cancellation pursuant to the provision of AR.S. §38-511. 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 $1,000, the AATA 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 AATA grant application letter 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 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 AAT A may constitute sufficient reason for the AATA to terminate the agreement. The revocation of the grant will require the return of all unspent funds, 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. APPROVED FY GRANT REQUEST: Title ThW Other Operating Expenditures $3,200.00 Total AATA Approved $3,200.00 2 - - - ----------- --- PERFORMANCE MEASURE AND FINANCIAL REPORTING REOUIREMENTS Measure Group Performance Measure Reportina Period Bait Vehicle Program Data (if Number of Bait Cars (operational & non-op) Quarterly applicable) Number of AATA Funded Bait Car Systems Quarterly Number of Activations Quarterly Number of Arrests Quarterly FTE Positions (if applicable) Number of FTE's Assigned to Auto Theft Unit Quarterly License Plate Reader (LPR) Data Number of Fixed LPR Systems Quarterly (if applicable) Number of AATA Funded LPR Systems Quarterly Number of Mobile LPR Systems Quarterly Number of Shifts LPR's Deployed Quarterly Number of Stolen Vehicles Recovered Quarterly Number of Stolen License Plates Read Quarterly Number of Stolen License Plates Recovered Quarterly Number of Arrests (affected by LPR) Quarterly Number of Total License Plates Read Quarterly Reads that resulted in Criminal Offense reports Quarterly Searches or Inquires made on the system Quarterly System related Criminal Investigations Quarterly Number of AATA Funded LPR Systems Quarterly Deployed Number of Stolen Vehicles Identified by the Quarterly LPR Fair Market Value of the Recovered Stolen Quarterly Vehicles Vehicle Theft Data (if applicable) Number of Felony Auto Theft Arrests Quarterly Number of Chop Shops Investigated Quarterly Vehicles Recovered (if applicable) Number of Vehicles Recovered Quarterly Number of Vehicles Recovered (Abandoned) Quarterly Number of Vehicles Recovered (Occupied) Quarterly Occupied Vehicles: (Number of Occupants) Quarterly VIN Etching Program Data (if Number ofVin Etching Events Quarterly applicable) Number of Vehicles VIN Etched Quarterly Number of Participants at Promotional Events Quarterly 3 8. The GRANTEE agrees to account for the interest earned on AATA grant funds, use interest only for the purpose of paying AA TA approved grant expenditures, and shall remit interest earned to the AAT A 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 AAT A. 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. 10. Pursuant to the provisions of A.R.S §35-214 and A.R.S §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 AATA, documenting the activities supported by the AATA grant funds and providing an assessment of the impact of those activities on the criminal justice system. Reports are submitted through the AATA Grant Database web-portal. 12. This agreement may be modified only by a written amendment 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 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 AATA: AUTOMOBILE THEFT AUTHORITY 1400 W. Washington Street, Suite 270 Phoenix, Arizona 85007 Attn: Frederick W. Zumbo, AATA Executive Director If to the GRANTEE: Maricopa County Sheriffs Office 550 W. Jackson Street Phoenix, AZ 85003 Attn: 4 13. The GRANTEE agrees that it will comply with applicable nondiscrimination requirements of A.R.S. §41-1463, applicable State and Federal civil rights laws, and Executive Order 2009-9. 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 theAATA. 15. The GRANTEE certifies it will comply with the Drug-Free Workplace Act of 1988 as delineated in 28 CFR Part 67, Subpart F, for grantees, as defined in 28 CFR Part 67 Sections 67.615 and 67.620. 16. The GRANTEE warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with A.R.S. § 41- 4401 and A.R.S. § 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 State Agency 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. 17. The GRANTEE agrees that it is acting as an independent contractor and agrees to hold the AATA harmless from the actions ofthe GRANTEE AND GRANTEE'S employees. 18. The GRANTEE and the AATA agree to use arbitration in the event of disputes in accordance with the provisions of ARS §12-150 1 et seq. No right or interest in this Agreement shall be assigned by GRANTEE without prior written approval of the AATA. No delegation of any duty of GRANTEE shall be made without the prior written approval of the AATA. 5 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. SPECIAL TERMS & CONDITIONS Item # 1. The Grantee agrees to provide product/equipment evaluation and data-sharing as required by the AATA. IN WITNESS WHEREOF, the parties have made and executed this agreement the day and year first above written. Maricopa County Sheriff's Office: Date: _ Sheriff FOR MARICOPA COUNTY Date: _ Chairman Maricopa County Board of Supervisors ATTEST: Date:------ Fran McCarroll, Clerk of the Board APPROVED AS TO FORM: Date: _ Deputy County Attorney FOR THE AUTOMOBILE THEFT AUTHORITY: Date: _ Frederick W. Zumbo, Executive Director 6 ---------