AATA FY2015 AUTO THEFT CONTRACT_09192014_40 REV.PDF

ARIZONA AUTOMOBILE THEFT AUTHORITY
FY 2015 VERTICAL PROSECUTION PROGRAM
GRANT AGREEMENT
This Agreement awarding $261,943.00 for Vertical Prosecution is made effective 07/01/2014,
by and between the Arizona Automobile Theft Authority, hereinafter referred to as the AATA,
and Maricopa County Attorney's Office, hereinafter referred to as the GRANTEE. 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.
Vertical Prosecution, for the purposes of this agreement shall mean that unless impossible
or impractical, the grant funded prosecutor(s) shall maintain functional control of and
responsibility for all aspects of vehicle theft cases including but not limited to reviewing
case submittals, making charging decisions, preparing grand jury presentation
instructions, engaging in motion practice, determining plea resolutions, and taking auto
theft cases to trial.
The grant funded attorney(s) shall give priority to and prosecute/maintain functional
control of all cases submitted by the Vehicle Theft Task Force.
The grant funded attorney shall devote 100% of his or her time to the vertical prosecution
of vehicle theft suspects, assisting law enforcement in on-going auto theft investigations,
supporting and participating in programs or events to increase public awareness and
community education in vehicle theft prevention and supporting the programs of the
Automobile Theft Authority.
1. This agreement will commence on 07/01/2014, and terminate on 06/30/2015.
This agreement is subject to cancellation pursuant to the provision of ARS §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 or within 60 days of termination 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.
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Grant funds are intended to be used exclusively for reimbursement of
expenditures related to the number of FTE prosecutor positions dedicated
solely to vertical prosecution, as defined in Table A. Grant funds will not be
used to supplant Federal, State, County, or local funds that would otherwise be
made available to the GRANTEE for prosecution purposes, but to supplement
funds already existing for the prosecution of vehicle theft. Grant funding of
50% FTE positions will be considered exempt from the supplanting provision
of this grant contract. 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.
2. The grant award is to fund a prosecutor(s) who will execute their duties in
accordance with the intended purpose and spirit of this agreement and the
above definition of vertical prosecution. The funded prosecutor shall maintain
functional control of and responsibility for all aspects of vehicle theft cases
referred to the Maricopa County Attorney's Office by the Arizona Vehicle
Theft Task Force. The grant funded attorney shall devote his or her time to the
vertical prosecution of vehicle theft suspects, assisting law enforcement in on-
going auto theft investigations, supporting and participating in programs or
events to increase public awareness and community education in vehicle theft
prevention and supporting the programs of the Arizona Automobile Theft
Authority. In addition, the funded prosecutor will work with law enforcement
officers to improve the quality of vehicle theft cases submitted for
prosecution. The prosecutor should to the extent possible, and practicable,
share criminal justice prosecution information with other authorized criminal
justice agencies.
3. 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 thirty 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.
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4. The final funding schedule will be determined by the AATA and will be based
on funding availability.
5. Requests for budget adjustments and/or reprogramming must be submitted in
writing to the AATA.
APPROVED FY GRANT REQUEST:
Title Total
Personal Services $196,747.00
Employee Related Expenses (ERE) $65,196.00
Total AATA Approved $261,943.00
PERFORMANCE MEASURE AND FINANCIAL REPORTING REQUIREMENTS
Measure Group Performance Measure Reporting Period
Grant Amount Expended Current Grant Amount Expended Quarterly
Quarter
Number of Vehicle Theft Cases Task Force Cases Quarterly
(Charged)
Other Agency Cases Quarterly
Number of Vehicle Theft Cases Task Force Cases Quarterly
Declined
Other Agency Cases Quarterly
Number of Vehicle Theft Task Force Cases Quarterly
Convictions
Other Agency Cases Quarterly
Restitution Ordered Restitution Ordered Quarterly
Total Cost Per Case (Charged) Total (Grant amt expended/total cases charged) Quarterly
Total Cost Per Conviction Total: (Grant amt expended/ # of convictions) Quarterly
Vertical Prosecutor(s) Funded Number of Positions Funded Quarterly
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.
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8. The GRANTEE agrees to comply with the financial and administrative
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 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 monthly 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. The reports shall be submitted through the AATA Grant database web-
portal.
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 been given when actually received by the
following addressees or their agents or employees.
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If to the AATA:
AUTOMOBILE THEFT AUTHORITY
1400 W. Washington Street, Suite 270
Phoenix, Arizona 85007
Attn: Frederick W. Zumbo, Executive Director
If to the GRANTEE:
Maricopa County Attorney's Office
301 W. Jefferson, Suite 800
Phoenix, AZ 85003
Attn: William Montgomery
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 AATA.
14. 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.
15. 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.
16. 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.
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17. The contractor 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, Section 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 breach of a warranty regarding compliance with immigration laws and
regulations shall be deemed a material breach of the contract and the contractor
may be subject to penalties up to and including termination of the contract.
Failure to comply with a State audit process to randonly verify the employment
records of contractors and subcontractors shall be deemed a material breach of
the contract and the contractor 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
works on the contract to ensure that the contractor of subcontractor is complying
with the warranty under paragraph 1.
18. GRANTEE assigns to the State any claim for overcharges resulting from
antitrust violations to the extend that such violations concern materials or
services supplied by third parties to the GRANTEE toward fulfillment of this
agreement.
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IN WITNESS WHEREOF, the parties have made and executed this agreement the day and year
first above written.
FOR THE GRANTEE:
Signature: ___________________________________ ______________________________
William G. Montgomery, County Attorney Denny Barney, Chairman,
Maricopa County Board of Supervisors
Date:_______________________________________ Date:_________________________
FOR THE AUTOMOBILE THEFT AUTHORITY: ATTEST:
Signature: ________________________________ ______________________________
Frederick W. Zumbo Clerk of the Board
AATA Executive Director
Date:____________________________________ Date:_________________________
Approved as to form:
_________________________________________
Deputy County Attorney
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