Agreement - Homeland Security Subrecipient - FFY 2025

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SUBRECIPIENT AGREEMENT
25-AZDOHS-HSGP-250300-01
Between
The Arizona Department of Homeland Security (“AZDOHS”)
And
Apache Junction Police Department (“Subrecipient”)
UEI Number (UEI: YSK2E5ATCK56)
WHEREAS, ARS 41-4254 makes the Arizona Department of Homeland Security (AZDOHS) responsible for
administering the funds covered by this agreement (“Agreement”), the parties hereby agree to the following
terms:
1. Purpose of Agreement This Agreement is to specify the rights and responsibilities of AZDOHS in
administering the distribution of homeland security grant funds to Subrecipient, and to specify the rights
and responsibilities of Subrecipient as the recipient of these funds.
2. Period of Performance This Agreement shall become effective on August 3, 2026 and shall terminate
on September 30, 2027 (the “Period of Performance”). The obligations of Subrecipient herein survive
termination of this Agreement.
3. Description of Services Subrecipient must fulfill all obligations set forth in Subrecipient’s approved
grant application titled: "City Complex Site/Target Hardening" and funded at $114,837 (as may have
been modified by the award letter).
4. Financing and Fiscal Responsibility Under U.S. Department of Homeland Security (“DHS”) grant
#EMW-2025-SS-05003 and Catalog of Federal Domestic Assistance (“CFDA”) #97.067, AZDOHS shall
provide up to $114,837 to Subrecipient under this Agreement.
Payment to Subrecipient must be on a reimbursement basis only, conditioned upon Subrecipient
providing AZDOHS with proof of payment and applicable, accurate and complete reimbursement
documents, as deemed necessary by AZDOHS. A list of acceptable documentation is at
www.azdohs.gov. Payments are contingent on Subrecipient performing all its obligations under this
Agreement. Subrecipient may use the funds provided under this Agreement only as provided in the
application and award documentation. If Subrecipient does not complete all its obligations, Subrecipient
must immediately reimburse all previously-provided funds to AZDOHS. If Subrecipient completes its
obligations at a lower than the budgeted cost, the amount reimbursed to Subrecipient will be only the
amount actually spent by Subrecipient in accordance with the approved application. For any expenditure
disallowed after or otherwise by AZDOHS, or the State or Federal government, Subrecipient must
immediately reimburse such funds to AZDOHS.
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5.​ Reporting Requirements Subrecipient must submit quarterly programmatic reports to
AZDOHS as follows:
January 15 (for the period from October 1– December 31)
April 15 (for the period from January 1 – March 31)
July 15 (for the period from April 1 – June 30)
October 15 (for the period from July 1 – September 30)
Subrecipient must use the Quarterly Programmatic Report form
(https://azdohs.gov/grant-program-forms) for these reports. Subrecipient must provide
detailed information on the status of completion of the planned activities in the approved
application satisfactory to AZDOHS in its sole discretion. Failure to adequately provide
such information will result in the Quarterly Programmatic Report being rejected by
AZDOHS and resubmission will be required. If the program has been fully completed so
that there will be no further updates, then the quarterly report for the quarter in which the
program was completed will be the final report; the report should be marked as “final”
and must include all pertinent information regarding the program as determined solely by
AZDOHS.
Final Quarterly Programmatic Report: The final quarterly programmatic report is due no
more than 15 calendar days after the end of the performance period. Subrecipient may
submit a final quarterly report prior to the end of the performance period if the scope of
the project has been fully completed and implemented. The Property Control Form is
due with the final quarterly report (if applicable).
6.​ Reimbursements Subrecipient must provide AZDOHS with requests for reimbursement
as frequently as monthly but not less than quarterly; submissions must be made via US
Mail, delivery service (FedEx, UPS, etc.) or in person; submissions via fax or by any
electronic means will not be accepted. Reimbursement requests shall be submitted
with the Reimbursement Form provided by AZDOHS staff. AZDOHS has the right to
require Subrecipient to provide any documentation and/or information AZDOHS deems
necessary to process submissions.
Reimbursement requests are only required when expenses have been incurred. The
Subrecipient shall submit a final reimbursement request, marked as such, for expenses
received and invoiced prior to the end of the period of performance. The final
reimbursement must be received by AZDOHS no more than 45 calendar days after the
end of the period of performance. Requests for reimbursement received by AZDOHS
later than 45 calendar days after the end of the period of performance will not be paid.
Subrecipients will only be reimbursed for expenses that have been obligated, expended
and received within the authorized Period of Performance as identified in Paragraph 2 of
this Agreement. Subrecipients are not authorized to obligate or expend funds prior to
the start date of the Period of Performance. Any expenses obligated or expended prior
to the Period of Performance start date will be deemed unallowable and will not be
reimbursed. Any expenses/services that occur beyond the Period of Performance (e.g.
cell phone service) will be deemed unallowable and will not be reimbursed.
7.​ Environmental Planning and Historic Preservation Subrecipient must comply with
Federal, State, and Local environmental and historical preservation (EHP) regulations,
laws and Executive Orders as applicable. See
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https://www.fema.gov/emergency-managers/practitioners/environmental-historic/laws/eh
p-directive-instruction and
https://azdohs.gov/environmental-and-historic-preservation-ehp. Subrecipients proposing
programs with potential environmental impact must participate in the DHS/Federal
Emergency Management Agency (FEMA) EHP review process. Subrecipient must
complete the EHP review process before funds will be released by AZDOHS. If
Subrecipient engages in ground disturbing activities, Subrecipient must monitor ground
disturbance. If archeological resources are discovered, Subrecipient must immediately
(a) cease construction and (b) notify FEMA, AZDOHS, and the Arizona State Historic
Preservation Office. AZDOHS/DHS/FEMA will not fund or reimburse projects that are
initiated without the required EHP review.
8.​ Procurement (including Noncompetitive Procurement) Subrecipient must comply
with its procurement rules/policies, all Federal procurement rules/policies, including
provisions of 2 CFR Part 200, which were updated by OMB in April of 2024, and all
Arizona Procurement Code provisions and rules, the most restrictive of which will apply.
Subrecipient must not enter into a noncompetitive procurement unless AZDOHS grants
prior written approval via the Noncompetitive Procurement Request form at
https://azdohs.gov/grant-program-forms.
9.​ Property Control Subrecipient must safeguard and maintain control and accountability
for all property/equipment purchased under this Agreement, and Subrecipient must
assure that it is used only for purposed authorized under this Agreement and maintained
as provided in 2 CFR 200.313. Such property/equipment shall be used by Subrecipient
in the program for which it was acquired as long as needed, whether or not the program
continues to be supported by Federal grant funds. Subrecipient must immediately
investigate and report to AZDOHS any loss, damage, or theft. Subrecipient must
replace any property/equipment lost, damaged or stolen at Subrecipient’s expense, and
must immediately submit an updated Property Control Form
(https://azdohs.gov/grant-program-forms) to AZDOHS.
“Nonexpendable Property/Equipment” is property that has a continuing use, is not
consumed in use, has an expected life of one year or more, costs $10,000 or more per
unit, and does not become a fixture or lose its identity as a component of other
equipment/systems, while a “Capital Asset” is personal or real property or a fixture
costing $10,000 or more per unit with an expected life of one year or more. Subrecipient
is solely responsible for the proper maintenance of all Nonexpendable
Property/Equipment and Capital Assets acquired under this Agreement Subrecipient
must take a physical inventory of all such Nonexpendable Property/Equipment and
Capital Assets and reconcile the results with the Property Control Form at least once
every two years. Subrecipient must maintain a control system to prevent loss, damage,
or theft of such Nonexpendable Property/Equipment and Capital Assets, and
Subrecipient must immediately report any loss, damage, or theft to AZDOHS. A Property
Control Form (if applicable) shall be maintained for the entire scope of the program or
project for which property was acquired through the end of its useful life and/or
disposition. All Nonexpendable Property and Capital Assets must be included on the
Property Control Form. The Subrecipient, if applicable, shall provide AZDOHS a
copy of the Property Control Form with the final quarterly programmatic report.
The Property Control Form can be located at https://azdohs.gov/grant-program-forms.
The Subrecipient agrees to be subject to equipment monitoring and auditing by state or
federal authorized representatives to verify information.
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When Nonexpendable Property/Equipment and/or Capital Assets acquired under this
Agreement are no longer needed by the Subrecipient for the original program or for
other activities currently or previously supported by a federal awarding agency,
Subrecipient must immediately submit an updated Property Control Form to AZDOHS,
and any disposition must be in compliance with AZDOHS Disposition Guidance
(https://azdohs.gov/grant-program-forms) and 2 CFR Part 200, including specifically 2
CFR 200.313. If Subrecipient seeks disposition of such Nonexpendable
Property/Equipment or Capital Assets for any reason other than theft, destruction, or
loss, Subrecipient must submit an Equipment Disposition Request Form
(https://azdohs.gov/grant-program-forms) to AZDOHS and receive approval from
AZDOHS prior to disposition. Subrecipient must update the Property Control Form and
provide a copy to AZDOHS within 45 calendar days after disposition. Per 2 CFR
200.333(c), Subrecipient must retain all records relating to such Nonexpendable
Property/Equipment and Capital Assets for 3 years after disposition.
10. ​ Training and Exercise All training and/or exercise events must be included in
Subrecipient’s application. Alternate/additional training/exercise requests must be
approved in advance by AZDOHS. Subrecipient must submit a Project Modification
Request Form (https://azdohs.gov/grant-program-forms) for review and approval by
AZDOHS prior to scheduling alternate/additional training/exercise events. For those
projects that are managed by DEMA, alternate/additional training requests must be
approved in advance by DEMA and AZDOHS using the Pre-approval form
(https://dema.az.gov/emergency-management/preparedness/training-branch). All
exercises must comply with FEMA Homeland Security Exercise and Evaluation Program
(https://www.fema.gov/emergency-managers/national-preparedness/exercises/hseep;
“HSEEP”) guidance. Subrecipient will (a) Submit an exercise summary and
attendance/sign-in roster; and (b) Email the After Action Report/Improvement Plan to the
local County Emergency Manager, AZDOHS, and the DEMA Exercise Branch, within 90
days of completion of an exercise or as prescribed by HSEEP.
11.​ Consultants/Trainers/Training Providers Invoices for consultants/trainers/training
providers must include: a description of services; dates of services; number of hours for
services performed; rate charged; and the total cost of services. Rates must be within
the prevailing rates; must be consistent with Subrecipient’s procurement policies and 2
CFR Part 200; and shall not exceed $650 per day per consultant/trainer/training provider
unless AZDOHS grants prior written approval. This includes internal personnel hired on
backfill/overtime to deliver training. Subrecipient will not be reimbursed costs other than
travel, lodging, meals, and incidentals on travel days for consultants/trainers/training
providers, at rates not to exceed State rates, and itemized receipts are required. See
Travel Costs below, at Paragraph 12.
12. ​ Travel Costs All grant funds expended for travel, lodging, meals and incidentals are
subject to the standards of Subrecipient’s policies and procedures, and the State of
Arizona Accounting Manual (https://gao.az.gov/publications/saam), which Subrecipient
must apply uniformly to both Federally financed and its other activities. AZDOHS will
reimburse at the most restrictive allowability and rates. At no time will Subrecipient’s
reimbursements exceed the State rates established by the Arizona Department of
Administration: https://gao.az.gov/travel.
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13.​ Contractors/Subcontractors Subrecipient may enter into written subcontract(s) in
accordance with 2 CFR Part 200 and the NOFO. No subcontract that the Subrecipient
enters into relieves Subrecipient of any responsibilities under this Agreement.
Subrecipient must give AZDOHS immediate notice in writing of any action filed or claim
made against Subrecipient by any subcontractor or vendor.
14.​ Allowable Costs The allowability of costs incurred under this Agreement shall be
determined by AZDOHS in its sole discretion and in accordance with the general
principles and standards set forth in the CFR, FEMA Authorized Equipment List
(https://www.fema.gov/grants/tools/authorized-equipment-list), and guidance documents
(i.e. NOFO, Preparedness Grants Manual, Information Bulletins). Subrecipient’s use of
grant funds for indirect costs must be in accordance with 2 CFR Part 200, including 2
CFR 200.211(b)(16) and the NOFO. Subrecipient must apply to AZDOHS for its written
approval of indirect costs prior to expenditure. Subrecipient may not expend grant funds
for Management and Administrative costs for administering such funds without prior
written approval of AZDOHS.
15.​ Amendments Any change in this Agreement including but not limited to the Description
of Services, Period of Performance and budget described herein, whether by
modification or supplementation, must be accomplished by a formal Agreement
amendment signed and approved by and between the duly authorized representatives of
the Subrecipient and the AZDOHS. Any such amendment shall specify: 1) an effective
date; 2) any increases or decreases in the amount of the Subrecipient’s reimbursement,
if applicable; 3) be titled as an “Amendment,” and 4) be signed by the parties identified in
the preceding paragraph. The Subrecipient expressly and explicitly understands and
agrees that no other method of communication, including any other document,
correspondence, act, or oral communication by or from any person, shall be used or
construed as an amendment or modification or supplementation to this Agreement.
16.​ Audit/Monitoring
a.​ Subrecipient must comply with the record-keeping and other requirements of ARS
35-214 and 35-215, and shall ensure that its contractors and subcontractors at all
tiers also comply.
b.​ Under 31 USC 7501-7507and 2 CFR 200.501, Subrecipient will be subject to audit
per 2 CFR Part 200, if Subrecipient expended $1,000,000 or more in Federal awards
in its previous fiscal year. If Subrecipient has met or exceeded this threshold,
Subrecipient must submit to AZDOHS a copy of Subrecipient’s single audit or
program specific audit report for the previous fiscal year (and for subsequent fiscal
years that fall within the Period of Performance) annually, within 9 months of
Subrecipient’s fiscal year end. Subrecipients not subject to this requirement must
submit to AZDOHS via audits@azdohs.gov a statement that they do not meet the
threshold and therefore do not have to complete a single audit or program specific
audit.
c.​ Failure of Subrecipient to comply with any requirements resulting from an audit will
suspend reimbursement by AZDOHS to Subrecipient and Subrecipient will not be
eligible for any new award, until Subrecipient is in complete compliance.
AZDOHS will monitor Subrecipient to ensure that program goals, objectives,
performance requirements, timelines, planned objectives, budgets, and all other related
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program criteria are being met. Subrecipient must comply with applicable provisions
governing DHS access to records, accounts, documents, information, facilities, and staff
and must require any contractors, successors, transferees, and assignees to comply
with these same provisions pursuant to 2 CFR § 200.337. Subrecipient must cooperate
with any review or investigation conducted by DHS and/or AZDOHS. Subrecipient must
give DHS and AZDOHS access to and the right to copy records, accounts, and other
documents and sources of information related to the grant and permit access to facilities,
personnel, and other individuals and information as deemed necessary by DHS or
AZDOHS. Subrecipient must submit timely, complete, and accurate reports to the
appropriate DHS and AZDOHS officials and maintain appropriate backup
documentation. Subrecipient must comply with all other reporting, data collection, and
evaluation requirements prescribed by law or in program guidance.
17.​ NOFO, DHS Standard Terms, Agreement Articles, and PGM Subrecipient must
comply with all applicable terms within the Notice of Funding Opportunity (NOFO), the
FY 2025 DHS Standard Terms and Conditions, the Agreement Articles attached to the
FEMA Award Letter to AZDOHS, and the Preparedness Grant Manual (PMG). The
applicable terms of each of the NOFO, FY 2025 DHS Standard Terms and Conditions,
Agreement Articles, and PMG are hereby incorporated into this Agreement, and many,
but not all, of the applicable terms are also included or restated within this Agreement. If
a condition in the NOFO is inconsistent with FY 2025 DHS Standard Terms and
Conditions, the condition shall be invalid to the extent of the inconsistency.
​ However;
Notwithstanding their inclusion in the Agreement Articles and 2025 DHS
Standard Terms and Conditions, the following terms and Agreement Articles do
not apply: (1) paragraph C.IX (Communication and Cooperation with the
Department of Homeland Security and Immigration Officials) of the 2025 DHS
Standard Terms and Conditions and the Agreement Article titled “Communication
and Cooperation with the Department of Homeland Security and Immigration
Officials”; and (2) paragraph C.XVII(2)(a)(iii) (Anti-Discrimination Grant Award
Certification regarding immigration) of the 2025 DHS Standard Terms and
Conditions and paragraph (2)(a)(iii) of the Agreement Article titled
“Anti-Discrimination.”
AND
In regard to SHSP and UASI Programs, Pursuant to the memorandum and order
issued on September 24, 2025, in State of Illinois, et al. v. Federal Emergency
Management Agency, et. al, No. 25-206 (D.R.I.) and the preliminary injunction
order issued on August 22, 2025, in City and County of San Francisco, et al. v.
Trump, et al., No. 3:25-cv-01350 (N.D. Cal.), the following terms and conditions
do not apply to awards or subawards subject to the orders while the orders
remains in effect: (1) paragraph C.IX (Communication and Cooperation with the
Department of Homeland Security and Immigration Officials) of the DHS
Standard Terms and Conditions and the Agreement Article titled “Communication
and Cooperation with the Department of Homeland Security and Immigration
Officials” in this award package; (2) paragraph C.XVII(2)(a)(iii)
(Anti-Discrimination Grant Award Certification regarding immigration) of the DHS
Standard Terms and Conditions and paragraph (2)(a)(iii) of the Agreement Article
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titled “Anti-Discrimination” in this award package; and (3) the “State Homeland
Security Program: Compliance with Federal Immigration Law” Agreement Article.
If memorandum and order or preliminary injunction in either of these matters are
stayed, vacated, or extinguished, the “State Homeland Security Program:
Compliance with Federal Immigration Law” Agreement Article (Article 61) will
immediately become effective.
18.​ National Incident Management System Subrecipient must remain in compliance with
National Incident Management System implementation initiatives as provided in the
NOFO.
19.​ Communications Equipment All Land Mobile Radio equipment purchased must
comply with: (a) P25 (Project 25) standards (https://www.cisa.gov/safecom); (b)
SAFECOM Guidance (https://www.cisa.gov/safecom); (c) Land Mobile Radio Minimum
Equipment Standards as approved by the Statewide Interoperability Executive
Committee (https://www.azdps.gov/content/basic-page/127); and (d) Arizona's State
Interoperable Priority Programming Guide
(https://www.azdps.gov/content/basic-page/127).
20.​ Nonsupplanting Agreement Subrecipient must not use funds received under this
Agreement to supplant Federal, State, Tribal or Local funds or other resources, and may
be required to document this. If a position created by this Agreement is filled from within,
the resulting vacancy must be filled within 30 days, and if not, Subrecipient must stop
charging the grant for the new position; upon filling the vacancy, Subrecipient may
resume charging for the position. A cost allocable to a particular Federal award provided
for in 2 CFR Part 200 Subpart E may not be charged to other Federal awards to
overcome fund deficiencies, to avoid restrictions imposed by Federal statutes,
regulations, or terms and conditions of the Federal award(s), or any other reason.
However, Subrecipient from may shift costs allowable under two or more Federal awards
if allowed by Federal statute, regulation, or the terms of the Federal award(s).
21.​ E-Verify Subrecipient must comply with all State and Federal immigration laws and
regulations relating to its employees and to employees of any contractor or
subcontractor retained through Subrecipient to provide goods or services related to this
Agreement, including but not limited to ARS 23-214(A) and ARS 41-4401. A breach of
this obligation is a material breach of this Agreement and Subrecipient may be subject to
penalties to be determined at AZDOHS’s discretion, up to and including termination of
this Agreement. AZDOHS will have the right to inspect the papers of any Subrecipient
employee who works on this Agreement, and to those of any employee of any contractor
or subcontractor retained through Subrecipient.
22.​ Research and Development Subrecipient may not use funds obtained under this
Agreement for research/development.
23.​ Funds Management Subrecipient must maintain funds received under this Agreement
in separate accounts and cannot mix these funds with funds from other sources.
Subrecipient must manage funds according to all applicable Federal regulations,
including 2 CFR Part 200 and specifically 2 CFR 200.302. Subrecipient must maintain
the following business systems:
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●​ Financial Management
●​ Procurement
●​ Personnel
●​ Property
●​ Travel
To be adequate, a business system must be 1) complete and in writing; and 2)
consistently followed – Subrecipient must apply it in all circumstances, regardless of
funding source.
24.​ Reporting of Matters Related to Recipient Integrity and Performance If the total of
Subrecipient’s currently active grants, cooperative agreements, and procurement
contracts from all Federal assistance offices exceeds $10,000,000 at any time during the
Period of Performance, Subrecipient must comply with Appendix XII to 2 CFR Part 200.
25.​ Mandatory Disclosures Subrecipient must disclose, in a timely manner and in writing,
to AZDOHS all violations of federal criminal law involving, fraud, bribery, or gratuity
violations potentially affecting the Federal award, as required by 2 CFR 200.113.
26.​ Nondiscrimination Subrecipient must comply with the following that apply to this
Federally-funded program:
a.​ 29 USC 794, which bars discrimination against qualified handicapped individuals
solely by reason of the handicap;
b.​ 42 USC 2000d et seq., 6 CFR Part 21, and 44 CFR Part 7, which bar
discrimination on grounds of race, color, or national origin (which requires
Subrecipient to take reasonable steps to provide accommodation to persons with
Limited English Proficiency; Subrecipient must refer to the DHS Guidance at
https://www.dhs.gov/guidance-published-help-department-supported-organizations
-provide-meaningful-access-people-limited and the resources at
http://www.lep.gov);
c.​ All State and Federal equal opportunity and non-discrimination requirements and
conditions of employment, including but not limited to Arizona Executive Order
2023-01 (https://azgovernor.gov/office-arizona-governor/executive-order/1-0) and
42 USC 12101-12213 (which bar discriminating on the basis of disability;
d.​ 42 USC 6101 et seq., which prohibits discrimination on the basis of age;
e.​ The equal treatment policies and requirements contained in 6 CFR Part 19 and
other applicable statutes, regulations, and guidance governing faith-based
organizations;
f.​ 20 USC 1681 et seq. and 6 CFR Part 17 and 44 CFR Part 19, which bars
discrimination on the basis of sex; and
g.​ 42 USC 3601 et seq. and 24 CFR Part 100, which prohibit discrimination in the
sale, rental, financing, and advertising of dwellings, or in the provision of related
services, on the basis of race, color, national origin, religion, disability, familial
status, and sex.
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27.​ Anti-discrimination Subrecipient must comply with all applicable Federal
anti-discrimination laws material to the government’s payment decisions for purposes of
31 U.S.C. 3729(b)(4).
​ (1) Definitions. As used in this clause;
(a) DEI means “diversity, equity, and inclusion.”
(b) DEIA means “diversity, equity, inclusion, and accessibility.”
(c) Discriminatory equity ideology has the meaning set forth in Section 2(b) of
Executive Order 14190 of January 29, 2025.
(d) Federal anti-discrimination laws mean Federal civil rights law that protect
individual Americans from discrimination on the basis of race, color, sex, religion,
and national origin.
(2) Grant award certification.
(a) By accepting the grant award, recipients are certifying that:
(i) They do not, and will not during the term of this financial assistance
award, operate any programs that advance or promote DEI, DEIA, or
discriminatory equity ideology in violation of Federal anti-discrimination
laws; and
(ii) They do not engage in and will not during the term of this award
engage in, a discriminatory prohibited boycott.
(3) DHS reserves the right to suspend payments in whole or in part and/or terminate
financial assistance awards if the Secretary of Homeland Security or her designee
determines that the recipient has violated any provision of subsection (2).
(4) Upon suspension or termination under subsection (3), all funds received by the
subrecipient shall be deemed to be in excess of the amount that the subrecipient is
determined to be entitled to under the Federal award for purposes of 2 CFR § 200.346.
As such, all amounts received will constitute a debt to the Federal Government that may
be pursued to the maximum extent permitted by law.
28.​ Intellectual Property Subrecipient must affix the copyright notices required by 17 USC
401 and 402 and include an acknowledgement of Government sponsorship (including
award number) to any work first produced under this Agreement. Unless otherwise
provided by law, Subrecipient is subject to 35 USC 200-212 and is subject to the specific
requirements governing the development, reporting, and disposition of rights to
inventions and patents resulting from financial assistance awards that are in 37 CFR
Part 401, including specifically 37 CFR 401.14. Subrecipient must obtain DHS’s
approval prior to using the DHS seal(s), logos, crests or reproductions of flags or
likenesses of DHS agency officials. Subrecipient agrees that DHS and AZDOHS have a
royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise
use, and authorize others to use: (a) the copyright in any work developed under an
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award or sub-award; and (b) any rights of copyright to which Subrecipient purchases
ownership with Federal support. Subrecipient must acknowledge its use of Federal
funding when issuing statements, press releases, requests for proposals, bid invitations,
and other documents describing programs funded in whole or in part with Federal funds.
Subrecipient must not advertise or publish information for commercial benefit concerning
this Agreement without the prior written approval of AZDOHS.
29.​ Activities Conducted Abroad Subrecipient must ensure that program activities carried
on outside the United States are coordinated as necessary with appropriate government
authorities and that appropriate licenses, permits, or approvals are obtained.
30.​ Federal Debt Status Subrecipient must not be delinquent on any Federal obligations,
including but not limited to payroll and other taxes, audit disallowances, and benefit
overpayments. See OMB Circular A-129
(https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/circulars/A129
/a-129.pdf)
31. ​ Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials Subrecipients must comply with 2 CFR Part 184, which codifies the Build
America, Buy America Act (BABAA) Preference applicable to Federal financial
assistance programs for infrastructure projects.
​ In addition to the DHS Standard Terms and Conditions regarding Required Use of
American Iron, Steel, Manufactured Products, and Construction Materials, recipients and
subrecipients of FEMA financial assistance for programs that are subject to BABAA must
include a Buy America preference contract provision as noted in 2 CFR§ 184.4 and a
self-certification as required by the FEMA BABAA Preference in FEMA Financial
Assistance Programs for Infrastructure (FEMA Interim Policy #207-22-0001). This
requirement applies to all subawards, contracts, and purchase orders for work
performed, or products supplied under the FEMA award subject to BABAA.
32.​ Compliance with Certain Federal Statutes, Regulations, and Requirements
a.​ Subrecipient must comply with the 31 USC 3729-3733, which prohibits the
submission of false or fraudulent claims for payment to the Federal government; 31
USC 3801-3812 detail the remedies for false or fraudulent claims made.
b.​ Subrecipient must comply with the Energy Policy and Conservation Act, 42 USC
6201 et seq., which contain policies relating to energy efficiency that are defined in
the State energy conservation plan issued in compliance with this Act.
c.​ Subrecipient must comply with the drug-free workplace requirements in 2 CFR Part
3001 and 41 USC 8101-8106.
d.​ Subrecipient, and any contractors or subcontractors of Subrecipient are subject to
the prohibitions described in section 889 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 CFR
§§200.216, 200.327, 200.471, and Appendix II to 2 CFR Part 200. The statute
prohibits obligating or expending federal award funds on certain telecommunications
and video surveillance products and contracting with certain entities for national
security reasons.
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e.​ If grant funds are used for construction, Subrecipient and its contractors and
subcontractors at all tiers must comply with the Davis-Bacon Act (40 USC 3141 et
seq.). Subrecipients must obtain AZDOHS’ written approval before using Homeland
Security Grant Program (“HSGP”) funds for construction/renovation per
https://www.dol.gov/whd/govcontracts/dbra.htm.
f.​ Subrecipient must maintain insurance coverage as provided in 2 CFR § 200.310.
Subrecipient must provide at least the equivalent insurance coverage for real
property and equipment acquired or improved under this Agreement as provided to
property owned by Subrecipient.
g.​ Subrecipient must comply with 42 USC 6962 and 2 CFR § 200.323, including
procuring only items designated in the Environmental Protection Agency (“EPA”)
guidelines at 40 CFR Part 247 as containing the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of competition.
h.​ Subrecipient must comply with all Federal whistleblower protections, including 41
USC 4712.
i.​ Subrecipient must comply with the USA PATRIOT Act, Pub. L. 107-56, Section 817
and 18 USC 175-175c.
j.​ Subrecipient must comply with the System for Award Management and Universal
Identifier Requirements in 2 CFR, Appendix A to Part 25.
k.​ Subrecipient must comply with the Trafficking Victims Protection Act, 22 USC 7101
et seq., as required by 2 CFR § 175.105.
l.​ Subrecipient must comply with US Executive Order 13224
(https://www.state.gov/executive-order-13224/) and all US laws that prohibit
transactions with, and the provision of resources and support to, individuals and
organizations associated with terrorism.
m.​ Subrecipient must comply with the requirements on Reporting Subawards and
Executive Compensation in Appendix A to 2 CFR Part 170 for Federal awards that
total or exceed $30,000.
n.​ Subrecipient is subject to the debarment and suspension regulations in US Executive
Order 12549
(https://www.archives.gov/federal-register/codification/executive-order/12549.html),
US Executive Order 12689 (https://www.federalregister.gov/executive-order/12689),
2 CFR Part 180, including 2 CFR §180.335, and 2 CFR Part 3000. These restrict
Federal awards, subawards, and contracts with parties debarred, suspended, or
otherwise excluded from or ineligible for Federal programs or activities.
o.​ If Subrecipient collects Personally Identifiable Information (“PII”), it must have a
publicly-available privacy policy stating its standards for the usage and maintenance
of PII. PII is any information that permits the identity of an individual to be directly or
indirectly inferred, including information linked or linkable to that individual.
Subrecipient must follow DHS guidance
(https://www.dhs.gov/publication/privacy-impact-assessment-guidance).
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p.​ Subrecipient must complete either the Office of Management and Budget (OMB)
Standard Form 424B Assurances - Non-Construction Programs
(https://omb.report/icr/202011-0560-005CF), or OMB Standard Form 424D
Assurances - Construction Programs (https://omb.report/icr/200906-4040-008), as
applicable. The DHS financial assistance office (DHS FAO) may determine that
certain assurances in these documents may not apply, or may require additional
assurances; Subrecipient must contact the DHS FAO with any questions.
Subrecipient must follow the Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards in 2 CFR Part 200 and 2 CFR Part
3002.10. By entering into this Agreement, Subrecipient and its executives, as
defined in 2 CFR § 170.315, certify that Subrecipient’s policies comply with 2 CFR
Part 200, all applicable Federal laws, and applicable guidance.
q.​ Subrecipient must comply with the National Environmental Policy Act (“NEPA”) 42
USC 4321 et seq., and Council on Environmental Quality regulations (40 CFR Parts
1500-1508) regarding NEPA.
r.​ Subrecipient must comply with 31 USC 1352 and 6 CFR Part 9, and may not use
funds provided under this Agreement to pay any person to influence or attempt to
influence an officer or employee of any government agency, Member of Congress,
officer or employee of Congress, or an employee of a Member of Congress, relating
in any way to a Federal award or contract. Per 6 CFR Part 9, recipients must file a
lobbying certification form and a lobbying disclosure form, which are available on
Grants.gov as the Disclosure of Lobbying Activities (SF-LLL).
s.​ In accordance with 15 USC 2201 et seq. and 15 USC 2225a in particular,
Subrecipient must ensure that all conference, meeting, convention, or training space
funded in whole or in part with Federal funds complies with all applicable fire
prevention and control guidelines.
t.​ Subrecipient must comply with the International Air Transportation Fair Competitive
Practices Act (IATFCPA) of 1974, 49 USC 40118, and the interpretative guidelines in
Comptroller General Decision B-138942 (https://www.gao.gov/products/b-138942).
International travel, however, is not an allowable cost unless approved in advance by
DHS/FEMA.
u.​ Subrecipient must comply with the requirements of Presidential Executive Orders
related to grants (also known as federal assistance and financial assistance), the full
text of which are incorporated by reference.
v.​ Subrecipient must include in all contracts and purchase orders for work or product a
contract provision encouraging domestic preference for procurements.
33.​ Applicability of DHS Standard Terms and Conditions to Tribal Nations The DHS
Standard Terms and Conditions are a restatement of general requirements imposed
upon recipients and flow down to subrecipients as a matter of law, regulation, or
Executive Order. If the requirement does not apply to Tribal Nations, or there is a federal
law or regulation exempting its application to Tribal Nations, then the acceptance by
Tribal Nations, or acquiescence to DHS Standard Terms and Conditions does not
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change or alter its inapplicability to a Tribal Nation. The execution of grant documents is
not intended to change, alter, amend, or impose additional liability or responsibility upon
the Tribal Nations where it does not already exist.
34.​ Cancellation for Conflict of Interest AZDOHS may, by written notice to Subrecipient,
immediately cancel this Agreement without penalty or further obligation pursuant to ARS
38-511 if any person significantly involved in initiating, negotiating, securing, drafting, or
creating this Agreement for AZDOHS is an employee or agent of Subrecipient in any
capacity, or a consultant to Subrecipient with respect to this Agreement’s subject matter.
Cancellation shall be effective when Subrecipient receives AZDOHS’ written notice,
unless the notice specifies a later time.
35. ​ Assignment and Delegation Subrecipient may not assign any rights hereunder without
an express written agreement signed by authorized representatives of both parties.
36.​ Third Party Antitrust Violations Subrecipient hereby assigns to the State of Arizona
any claim for overcharges resulting from antitrust violations, to the extent that such
violations concern materials or services supplied by third parties to Subrecipient toward
fulfilling this Agreement.
37.​ Availability of Funds AZDOHS’ payment obligations under this Agreement are
conditioned on the availability of funds appropriated or allocated for this purpose, per
ARS 35-154. If funds are not allocated and available, AZDOHS may terminate this
Agreement at the end of the period for which funds are available. No liability shall
accrue to AZDOHS in the event this provision is exercised, and AZDOHS shall not be
obligated or liable for any future payments or for any damages as a result of termination
under this Paragraph, including purchases and/or contracts entered into by Subrecipient
in the execution of this Agreement.
38.​ Force Majeure If either party is delayed or prevented from the performance of any act
required in this Agreement by reason of acts of God, strikes, lockouts, labor disputes,
civil disorder, or other causes without fault and beyond the control of the party obligated,
performance of such act will be excused for the period of the delay.
39.​ Dispute Resolution In the event of a dispute regarding this Agreement, written notice
must be provided to the other party within 30 calendar days of the relevant events. Any
claim made by or against AZDOHS relating to this Agreement shall be resolved through
the administrative claims process. The parties agree to resolve all disputes relating to
this Agreement through arbitration, after exhausting applicable administrative review, to
the extent required by ARS 12-1518 except as may be required by other applicable
statutes. The forum for any dispute arising out of this Agreement shall be Maricopa
County, Arizona.
40.​ Governing Law and Interpretation of This Agreement This Agreement is governed by
the laws of the State of Arizona, without regard to its conflict of laws provisions. This
Agreement is the parties’ complete agreement and replaces the parties’ prior and
contemporaneous agreements, representations, and understandings pertaining to its
subject matter, whether oral or written. No course of dealings or usage of the trade
supplements or explains any terms. A party’s failure to insist on strict performance of
any term is not a waiver of that term, even if the party accepting or acquiescing in the
nonconforming performance knows the nature of the performance and fails to object. If
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any new legislation, laws, ordinances, or rules affect this Agreement, this Agreement
automatically incorporates the terms of such legislation, laws, ordinances, or rules. Any
term of this Agreement that is declared contrary to any current or future law, order,
regulation, or rule, or that is otherwise invalid, shall be deemed stricken without impairing
the validity of the remainder of this Agreement. In the event FEMA determines that
changes are necessary to this Agreement after it has been entered into, including
changes to Period of Performance or other terms, Subrecipient will be notified of the
changes in writing; once notification is made, any subsequent request for funds by
Subrecipient will constitute Subrecipient’s acceptance of the changes and will
incorporate the changes into this Agreement. Except as expressly provided in this
Paragraph, any amendment to or extension of this Agreement may be made only in a
writing signed by authorized representatives of both parties. Any rule of construction to
the effect that ambiguities are to be resolved against the drafting party shall not apply in
interpreting this Agreement.
41.​ Licensing Unless otherwise exempted by law, Subrecipient must obtain and maintain all
licenses, permits, and authority necessary to perform its obligations under this
Agreement.
42.​ Sectarian Requests Funds disbursed under this Agreement may not be used for any
sectarian purpose or activity, including worship or instruction in violation of the US or
Arizona Constitutions.
43.​ Closed-Captioning of Public Service Announcements Any television public service
announcement funded in whole or in part by this Agreement must include closed
captioning.
44.​ Indemnification Each party (as "Indemnitor") agrees to defend, indemnify, and hold
harmless the other party (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 to any person (including death) or
property damage, but only to the extent such Claims which result in vicarious/derivative
liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or
other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. The
State of Arizona and AZDOHS are self-insured per ARS 41-621. If Subrecipient utilizes
contractor(s) and/or subcontractor(s), the indemnification clause between Subrecipient
and contractor(s) and subcontractor(s) shall include the following:
Contractor shall defend, indemnify, and hold harmless the Arizona Department of
Homeland Security and the State of Arizona, and any jurisdiction or agency
issuing any permits for any work arising out of this Agreement, and their
departments, agencies, boards, commissions, universities, officers, officials,
agents, and employees (hereinafter, “Indemnitee”) from and against any and all
claims, actions, liabilities, damages, losses, or expenses (including court costs,
attorneys’ fees, and costs of claim processing, investigation and litigation)
(hereinafter referred to as “Claims”) for bodily injury or personal injury (including
death), or loss or damage to tangible or intangible property caused, or alleged to
be caused, in whole or in part, by the negligent or willful acts or omissions of the
contractor or any of the directors, officers, agents, or employees or
subcontractors of such contractor. This indemnity includes any claim or amount
arising out of or recovered under the Workers’ Compensation Law or arising out
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of the failure of such contractor to conform to any Federal, State or Local law,
statute, ordinance, rule, regulation or court decree. It is the specific intention of
the parties that the Indemnitee shall, in all instances, except for Claims arising
solely from the negligent or willful acts or omissions of the Indemnitee, be
indemnified by such contractor from and against any and all claims. It is agreed
that such contractor will be responsible for primary loss investigation, defense
and judgment costs where this indemnification is applicable. Additionally on all
applicable insurance policies, contractor and its subcontractors shall name the
State of Arizona, and its departments, agencies, boards, commissions,
universities, officers, officials, agents, and employees as an additional insured
and also include a waiver of subrogation in favor of the State.
​
45.​ Termination Each party has the right to terminate this Agreement if the other party fails
to comply with this Agreement. A party invoking the right to terminate shall provide
written 30 day advance notice of all reasons for the termination. If Subrecipient chooses
to terminate this Agreement before all deliverables have been delivered, AZDOHS has
the right to recover all reimbursements made to Subrecipient. On termination, AZDOHS
may procure, on terms that it deems appropriate, materials or services to replace those
that otherwise would have been provided by Subrecipient, and Subrecipient will be liable
to AZDOHS for all excess costs incurred by AZDOHS in procuring such materials or
services. Subrecipient must continue to perform this Agreement until the date of
termination, as directed in the termination notice. If AZDOHS reasonably believes
Subrecipient does not intend to, or is unable to fully perform this Agreement, AZDOHS
may demand in writing that Subrecipient give written assurance of its intent and ability to
perform. If Subrecipient fails to provide written assurance within the time specified in the
demand, AZDOHS may terminate this Agreement.
46.​ Termination of the Federal Award In addition to the “Termination” clause above,
Subrecipients agree to be bound by the Termination of the Federal Award provisions
contained in the NOFO, to the extent such provisions apply to subrecipients. Note that
subrecipients are not bound by Term XL (“Termination of a Federal Award”) of the FY
2025 DHS Standard Terms and Conditions or Article 42 of the Agreement Articles.
47.​ Paragraph Headings Paragraph headings in this Agreement are for convenience of
reference only and do not define, limit, enlarge, or otherwise affect the interpretation of
this Agreement.
48.​ Counterparts This Agreement may be executed in any number of counterparts, copies,
or duplicate originals. Each such counterpart, copy, or duplicate original shall be
deemed an original, and collectively they shall constitute one Agreement.
49.​ Authority to Execute This Agreement The person executing this Agreement on behalf
of Subrecipient represents and warrants that he/she is duly authorized to do so.
50.​ Transfer of Funds Prohibition Subrecipient may not transfer funds between programs
(e.g., State Homeland Security Program, Urban Area Security Initiative, and Operation
Stonegarden).
51. ​ Parties This Agreement is for the benefit of AZDOHS and Subrecipient as the only
parties to this Agreement, and to their respective successors, assigns, executors and
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legal representatives. Except as expressly provided in this Agreement, nothing in this
Agreement confers on any person other than the parties and their respective successors
and assigns, any rights, remedies, obligations, or liabilities.
52.​ Respective Responsibilities Except as expressly provided in this Agreement, each
party agrees that, to the extent authorized by law, it will be responsible for its own acts or
omissions and the results thereof and will not be responsible for the acts or omissions of
the other party and the results thereof. In the event that either party becomes aware of
any claim made by or expected from a claimant against a party to this Agreement, which
claim relates to the subject matter of this Agreement, that party will immediately notify
the other party, and the parties will share all information regarding such matter and
cooperate with each other in addressing the matter. The parties are independent
contractors, and nothing contained in this Agreement will create the relationship of
partnership, joint venture, agency, or employment between the parties or any of their
employees, officers, agents, or contractors. Each party hereby agrees to perform any
further acts and to execute and deliver any documents that may be reasonably
necessary to carry out the provisions of this Agreement.
53. ​ Publicity Neither party shall use or mention in any publicity, advertising, promotional
materials or news release the name or service mark(s) of the other party without the
prior written consent of that party.
54. ​ Notices All communications by either party to this Agreement, shall be in writing, be
delivered in person, or shall be sent to the respective parties at the following addresses:
​
Arizona Department of Homeland Security
1802 West Jackson Street, #117
Phoenix, AZ 85007
Subrecipient must address all notices relative to this Agreement to the appropriate
AZDOHS staff; contact information is at www.azdohs.gov.
AZDOHS shall address all notices relative to this Agreement to:
​ ​ ​ ​ ​ ​ ​
Enter Title, First and Last Name Above
​ ​ ​ ​ ​ ​ ​
Enter Agency Name Above
​ ​ ​ ​ ​ ​ ​
Enter Mailing Address Above
​ ​ ​ ​ ​ ​ ​
Enter City, State, ZIP Above
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IN WITNESS WHEREOF, the parties hereto agree to execute this Agreement.
FOR AND BEHALF OF THE​ FOR AND BEHALF OF THE
​ ​ Arizona Department of Homeland Security
Enter Agency Name Above
​ ​ ​ ​ ​ ​ ​ ​
Authorized Signature Above​ ​
​ ​ Susan Dzbanko, Deputy Director
Print Name and Title Above
​ ​ ​ ​ ​ ​ ​ ​
Enter Date Above​ ​ Date
(Complete and mail two original documents to the Arizona Department of Homeland Security.)
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