AATA LE CONTRACT MCSO FY2015.PDF

ARIZONA AUTOMOBILE THEFT AUTHORITY
FY 2015 LAW ENFORCEMENT
GRANT AGREEMENT
This Agreement is made this 07/01/2014, by and between the Arizona Automobile Theft
Authority, hereinafter referred to as the AATA, and the 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 A.R.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 07/01/2014. All grant funds must be
expended by 06/30/2015. This agreement is subject to cancellation pursuant to
the provision of A.R.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.
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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 AATA 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 Total
Equipment (>=$5000) $11,431.80
Total AATA Approved $11,431.80
PERFORMANCE MEASURE AND FINANCIAL REPORTING REQUIREMENTS
Measure Group Performance Measure Reporting Period
Bait Car System Brand (if Number of BSM Systems Quarterly
applicable)
Number of Other Systems Quarterly
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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 Dedicated Auto Theft Unit Members Quarterly
Number of FTE's Assigned to Auto Theft Unit Quarterly
Number of Crime Prevention FTE's Quarterly
Number of FTE's Assigned to AZ Vehicle Theft Quarterly
TF
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 Scans/Shift Quarterly
Number of Stolen Vehicles Recovered Quarterly
Number of Stolen License Plates Quarterly
Number of Stolen License Plates Recovered Quarterly
Number of Arrests Quarterly
Value of Vehicles Recovered Quarterly
License Plate Reader (LPR) Number of ELSAG Systems Quarterly
System Brand (if applicable)
Number of Other Systems Quarterly
Mobile Spike Systems (if Number of Active Mobile Spike Systems Quarterly
applicable)
Number of Deployments Quarterly
Number of Arrests, or Outcomes Quarterly
Vehicle Theft Data Number of Vehicles Stolen Quarterly
Number of Vehicles Recovered Quarterly
Number of Felony Auto Theft Arrests Quarterly
Number of Chop Shops Investigated Quarterly
VIN Etching Program Data (if Number of Officer OT Hours Utilized for VIN Quarterly
applicable) Events
Number of Vin Etching Events Quarterly
Number of Vehicles VIN Etched Quarterly
Number of Participants at Promotional Events Quarterly
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8. The GRANTEE agrees to comply with the financial, administrative, and
reporting requirements set forth in this Agreement and to comply with the
organizational audit requirements of OMB Circular A-128, Audits of State and
Local Governments. The GRANTEE agrees to account for the interest earned on
AATA grant funds, use interest only for the purpose of paying AATA approved
grant expenditures, and shall remit interest earned to the AATA 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 AATA.
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 Sheriff's Office
550 W. Jackson Street
Phoenix, AZ 85003
Attn: Gerald Sheridan
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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 the AATA.
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 of the 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 §12-1501 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.
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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.
Maricopa County Sheriff’s Office:
Date:
Gerard (Jerry) Sheridan, Chief Deputy
FOR MARICOPA COUNTY
Date:
Denny Barney, 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
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