FY2014 AATA LE GRANT AGREEMENT.PDF

ARIZONA AUTOMOBILE THEFT AUTHORITY
FY 2014 LAW ENFORCEMENT
GRANT AGREEMENT
This Agreement is made this 07/01/2013, 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
A.R.S. § 41-3451 and having satisfied itself as to the qualifications of the GRANTEE.
NOW, THEREFORE, it is agreed between Parties as follows:
1. This Agreement will commence on 07/01/2013. All grant funds must be
expended by 06/30/2014. 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 sixty (60) days of the expiration date of this grant
or within sixty (60) days of termination of this grant should termination occur
prior to original expiration date.
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. The GRANTEE should to the extent possible, and practicable, share practical
information with other authorized criminal justice agencies.
4. 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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5. 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 (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.
6. Pursuant to A.R.S. § 38-511, the state, its political subdivisions or any
department or agency of either may, within three (3) years after its execution,
cancel any contract, without penalty or further obligation, made by the state, its
political subdivisions, or any of the departments or agencies of either if any
person significantly involved in initiating, negotiating, securing, drafting or
creating the contract on behalf of the state, its political subdivisions or any of
the departments or agencies of either is, at any time while the contract or any
extension of the contract is in effect, an employee or agent of any other party 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. A cancellation made pursuant
to this provision shall be effective when the GRANTEE receives written notice
of the cancellation unless the notice specifies a later time.
7. This Agreement shall be governed and interpreted by the laws of the State of
Arizona, including the Arizona Procurement Code (A.R.S. §§ 41-2501, et seq.
and the administrative rules promulgated thereunder (A.A.C. R2-7-901, et seq).
8. The Parties to this Agreement agree to resolve all disputes arising out of or
relating to this Agreement through arbitration, after exhausting applicable
administrative review, to the extent required by A.R.S. § 12-1518 except as
may be required by other applicable statutes.
9. Requests for budget adjustments and/or reprogramming must be submitted in
advance and in writing to the AATA.
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10. Pursuant to A.R.S. §35-154, the grant availability of funds awarded under this
Agreement are conditioned upon the availability of funds appropriated or
allocated for the 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
Other Operating Expenditures $2,260.00
Total AATA Approved $2,260.00
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
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
Quarterly
Theft TF
License Plate Reader (LPR) Number of Fixed LPR Systems Quarterly
Data (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
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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
Number of Officer OT Hours Utilized for VIN Quarterly
(if applicable)
Events
Number of Vin Etching Events Quarterly
Number of Vehicles VIN Etched Quarterly
Number of Participants at Promotional Events Quarterly
11. 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.
12. 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.
13. 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.
14. Quarterly performance reports are also required, (see page 3, Performance
Measures) documenting the activities supported by the AATA grant funds and
providing an assessment of the impact of those activities on the criminal justice
system.
15. 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
addresses 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: Brian R. Salata, Executive Director
If to the GRANTEE:
Maricopa County Sheriff's Office
100 W. Washington Street, 19th FL
Phoenix, AZ 85003
Attn: Gerard Sheridan
16. 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 which mandates that all persons, regardless of race,
color, religion, sex, age, national origin or political affiliation shall have equal
access to employment opportunities, and all other applicable State and Federal
employment laws, rules, and regulations, including the Americans with
Disabilities Act. The GRANTEE shall take affirmative action to ensure that
applicants for employment and employees are not discriminated against due to
race, creed, color, religion, sex, national origin or disability.
17. 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.
18. The GRANTEE certifies to report annual crime statistics to the Arizona
Department of Public Safety.
19. 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.
20. The GRANTEE warrants compliance with all Federal immigration laws and regul
ations 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 of the employee through the E-Verify program).
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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 AATA retains the legal right to inspect the papers of any employee who
works on the contract to ensure that the GRANTEE or subcontractor is
complying with the warranty under paragraph 1.
21. 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.
22. 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.
23. 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:
Andrew Kunasek, Chairman
Maricopa County Board of Supervisors
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ATTEST:
Date:
Fran McCarroll, Clerk of the Board
Maricopa County Board of Supervisors
APPROVED AS TO FORM:
Date:
Deputy County Attorney
FOR THE AUTOMOBILE THEFT AUTHORITY:
Date:
Brain R. Salata, Executive Director
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