SUBGRANTEE REIMBURSEMENT AGREEMENT.PDF

SUBGRANTEE REIMBURSEMENT AGREEMENT
Re: Firewise Communities Project
This Reimbursement Agreement ("Agreement") is entered into by and between
Maricopa County, through the Department of Emergency Management ("County"), and
the City of Goodyear, Arizona, an Arizona special district. County and the City of
Goodyear, Arizona are referred to herein as the "Parties."
RECITALS
A. County and the Bureau of Land Management("BLM") have entered into a
Cooperative Agreement #L09AC00052 wherein BLM has agreed to provide grant
funding to County through Catalog of Federal Domestic Assistance (CFDA) # 15.228
to support the National Fire Plan.
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 Goodyear,
Arizona the not to exceed amount of $25,000 for a Firewise Communities Project.
3. Use of Funds. The City of Goodyear, Arizona shall use the award in strict
compliance with the guidance found in the cfda.gov-15.242 for the National Fire Plan
and 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 promote community involvement. 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 April 20,
2016 and expires August 31, 2016.
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: Finance Manager, 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 August 31, 2016. The City of Goodyear, Arizona 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 Goodyear, Arizona 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 BLM 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
Goodyear whatsoever, and County shall not be obligated to pay or be liable to the City
of Goodyear for any pending or future reimbursement request or for any damages the
City of Goodyear incurs as a result of the termination of this Agreement or the failure of
County to reimburse the City of Goodyear.
10. No Liability. County and its officers, officials, agents, and employees shall
not be liable for any act or omission by the City of Goodyear, Arizona 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 Goodyear, Arizona 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
Goodyear, Arizona. The City of Goodyear, Arizona is not an officer, employee, or agent
of County.
11. Indemnification. To the extent permitted by law, the City of Goodyear,
Arizona, as indeninitor, 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,
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or other fault of the City of Goodyear, Arizona and its officers, officials, agents,
employees, or volunteers.
12. Termination. County may terminate this Agreement if the City of
Goodyear, Arizona fails to comply with any term of this Agreement. Upon termination,
County shall not be obligated to reimburse the City of Goodyear, Arizona for any
pending or future reimbursement request or any other unpaid costs or expenses.
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 principles:
A. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntary excluded from covered transaction by any Federal
Department or agency;
B. Have not within 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 statues 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 transaction (Federal, State and local) terminated for cause of 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 transaction (i.e. 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
Sara Latin
Maricopa County Dept of Emergency Management
5630 E. McDowell Rd.
Phoenix, Arizona 85008
Phone 602-273-1411
City of Goodyear, Arizona
City of Goodyear
Attn: City Manager
190 N. Litchfield Rd.
Goodyear, AZ 85338
With a copy to:
City of Goodyear
City Attorney
190 N. Litchfield Rd.
Goodyear, AZ 85338
Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511.
MARICOPA COUNTY
By By
Chairman, Clint Hickman Clerk of the Board, Fran McCarroll
Date Date
City of Goodyear, Arizona
By
Date
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APPROVED AS TO FORM: ATTEST:
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