SUBGRANTEE REIMBURSEMENT AGREEMENT SCOTTSDALE FUELS REDUCTION PROJECT.PDF

SUBGRANTEE REIMBURSEMENT AGREEMENT

Re: Fuels Reduction Project

This Reimbursement Agreement (“Agreement”) is entered into by and between
Maricopa County, through the Department of Emergency Management (“County”), and
the City of Scottsdale, an Arizona municipal corporation. County and the City of
Scottsdale are referred to as the “Parties.”

RECITALS

A. County and the Department of Agriculture have entered into an agreement
for Tittle IIl Forestry Fee allocation to support the Maricopa County Community Wildfire
Protection program.

B. Pursuant to this Subgrantee Reimbursement Agreement, County will
reimburse certain Arizona political subdivisions for approved costs and expenses
incurred in connection with the Maricopa County Community Wildfire Protection
Program.

AGREEMENT

For good and valuable consideration, the receipt and adequacy of which is
mutually acknowledged, the Parties agree as follows:

1. Recitals. The Recitals are a material part of this Agreement.
2. Reimbursement Award. County hereby awards the City of Scottsdale not

to exceed amount of $ 20,000.00 (twenty thousand dollars) for a Fuels Reduction
Project on the westside of Pima Road from east Dixileta Drive to Lone Mountain Road.

3. Use of Funds. The City of Scottsdale shall use the award in strict
compliance with the guidance found in Section 303 of the Secure Rural Schools and
Community Self- Determination Act of 2000 (Public Law 110-341) and Public Law 112-
141 for the National Forest Fees in accordance with the President’s Healthy Forest
Initiative. The efforts under this assistance agreement must follow the goals of the
Maricopa County Community Wildfire Protection Plan which are to reduce the risk of
catastrophic fire to wildland urban interface communities, and to promote community
involvement. The acceptable use of funds include costs related to activities such as
removal of dead trees, promoting and teaching defensible space, and brush removal.
To ensure reimbursement, prior approval must be obtained from the Maricopa County
Department of Emergency Management.

4. Reimbursement Period. The reimbursement period is effective January 1,
2023 and expires June 30, 2023.

5. Reimbursement Requests. Each request for reimbursement shall be in
writing and addressed to Maricopa County Department of Emergency Management,

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Attention: Administrator, 5630 E. McDowell Rd, Phoenix, Arizona 85008. Each request
shall (1) specify the grant agreement number stated above, (2) the project name and
number, (3) the dollar amount of reimbursement requested, (4) the name, address, and
point of contact to receive the reimbursement, and (5) enclose all backup
documentation, such as invoices, proofs of purchase, proofs of payment, receipts,
purchase orders, canceled checks, and, if applicable, product specifications.
Reimbursement requests shall be made no less than on a quarterly basis and must be
received by June 30, 2023. The City of Scottsdale will be reimbursed for only the
amount actually spent on authorized and approved matters. Total reimbursement shall
not exceed the reimbursement amount in Paragraph 2 above.

6. No Assignment. The City of Scottsdale may not assign this Agreement or
delegate any obligation under this Agreement to any third party.

7. Modification. This Agreement expresses the entire agreement between
the Parties. No modification of this Agreement is valid or enforceable unless it is in
writing and signed by the Parties.

8. Effective Date. This Agreement is effective when signed by the Parties.

9. Availability of Funds. Reimbursement under this Agreement is
conditioned upon the availability of funds appropriated and allocated by Department of
Forestry for the payment of such reimbursement. If reimbursement funds are not
available to County for any reason, County may terminate this Agreement. If this
Agreement is terminated or if reimbursement funds are not available, County shall have
no liability to the City of Scottsdale whatsoever, and County shall not be obligated to
pay or be liable to the City of Scottsdale for any pending or future reimbursement
request or for any damages the City of Scottsdale incurs as a result of the termination of
this Agreement or the failure of County to reimburse the City of Scottsdale.

10. No Liability. County and its officers, officials, agents, and employees shall
not be liable for any act or omission by the City of Scottsdale and its officers, officials,
agents, employees, or volunteers that occurs in connection with this Agreement, and
County shall not be liable for any purchase or other agreement made by the City of
Scottsdale in connection with this Agreement or in anticipation of reimbursement.
Nothing in this Agreement may be construed as creating a partnership, joint venture, or
any other agency-type relationship between County and the City of Scottsdale. The
City of Scottsdale is not an officer, employee, or agent of County.

11. Indemnification. To the extent permitted by law, the City of Scottsdale, as
indemnitor, agrees to indemnify, defend, and hold harmless County, as indemnitee,
from and against any and all claims, losses, liability, costs, or expenses (including
reasonable attorney’s fees) (hereinafter collectively referred to as “claims”) arising out of
bodily injury of any person (including death) or property damage, but only to the extent
that such claims are caused by the act, omission, negligence, misconduct, or other fault
of the City of Scottsdale and its officers, officials, agents, employees, or volunteers.

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12. Termination. County may terminate this Agreement if the City of
Scottsdale fails to comply with any term of this Agreement. Upon termination, County
shall not be obligated to reimburse the City of Scottsdale for any pending or future
reimbursement request or any other unpaid costs or expenses. Unless sooner
terminated, this Agreement shall automatically terminate within one year of the Effective
Date.

13. Certification Regarding Debarment_and Suspension. The undersigned
(authorized official signing for the Contractor) certifies to the best of his or her
knowledge and belief, that the Contractor, defined as the primary participant in
accordance with 45 CFR Part 76, and its principals:

A. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transaction by any Federal
Department or agency;

B. Have not within a 3-year period preceding this Contract been convicted of or
had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a pubic (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal, State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statement, or receiving stolen property;

C. Are not presently indicted or otherwise criminally or civilly charged by a
government entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph (B) of this certification ; and

D. Have not within a 3-year period preceding this Contract had one or more
public transactions (Federal, State and local) terminated for cause or default.
a. Should the Contractor not be able to provide this certification, an
explanation as to why should be attached to the Contract.

b. The Contractor agrees to include, without modification, this clause in
all lower tier covered transactions (i.e. transaction with subcontractors)
and in all solicitations for lower tier covered transaction related to this
Contract.

14. Notices. All notices and demands between the Parties under this
Agreement shall be in writing and hand-delivered or sent by prepaid certified mail,
return receipt requested, through the United States Postal Service to the following:

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Maricopa County

City of Scottsdale

Marisa VonHolten

Maricopa County Dept of Emergency Management
5630 E. McDowell Rd.

Phoenix, Arizona 85008

Phone 602-273-1411

Dave Ramirez

City of Scottsdale Community Wildfire Mitigation Coordinator
8401 E. Indian School Rd

Scottsdale, AZ 85251

15. Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-

511.

16. Representation on Authority of Parties/Signatories. Any _ individual

executing this Agreement on behalf of a Party represents and warrants to the other
Party they are duly authorized to execute this Agreement on behalf of such Party, and
that upon their signature this Agreement shall be binding upon the Parties.

MARICOPA COUNTY
By

Tom Shannon, Fire Chief
Date Date 2-[i/es

CLERK OF THE BOARD

APPROVED AS TO FORM:

LE Clie

i Shery R. Scott, City Attorney

Date By: Luis E. Santaella, Deputy City Attorney
Date 2/132 LS2

COUNTY ATTORNEY

By

Date

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