FY15_EMPG AWARD LETTER.PDF

STATE OF ARIZONA
DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS
5636 East McDowell Road
Phoenix, Arizona 85008-3495
(602) 267-2700 DSN: 853-2700
Doff&Is A. Ducey Major THE General ADJUTANT 1'4 GENERA!. lame T. McCire
COYERNOR
June 26, 2015
Pete Weaver, Director
Maricopa County Dept of Emergency Management
2035 N 52" Street
Phoenix, AZ 85008
RE: FFY 2015 Emergency Management Performance Grant (EMPG) Award Letter
Grant # EMW-2015-EP-00048
CFDA # 97.042
Award Amount: $732,665.37
Dear Mr. Weaver:
The Arizona Division of Emergency Management has received and conditionally approved your
completed application packet pending receipt of the items listed below and signed copies of the
Applicant Agreement (enclosed). We are pleased to provide you with this Grant Award letter in
the amount of $732,665.37. Funds may now be obligated and expended in accordance with the
EMPG grant guidelines, including a cost share of 50% Federal funds/50% Local funds on all
eligible expenditures. The period of performance will be from July 1, 2015 — June 30, 2016,
The following items must be provided to our office prior to reimbursement of eligible expenses,
and to complete your application:
1, Two (2) signed copies of the enclosed Applicant Agreement; a final copy signed by our
ADEM Director will be returned to for your files.
2. FY 2015 EMPG Program Budget Narrative and Work Plan has been received by
AZDEMA. Please address the following:
O Office Supplies: Please provide a list of supplies category items requested, best
guess list,
• Other Costs: Please provide a list of the other costs with a description of the items
listed.
3. Data Tables: Training and Exercise Data Tables are missing, please submit.
Once these items have been provided, our agency will provide you a final award letter which
will include a copy of your approved work plan.
Additionally, all expenditures made with grant funding must adhere to all federal regulations
and requirements as outlined in the EMPG Notice of Funding Opportunity, as well as the

STATE OF ARIZONA
DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS
5636 East MeDowt11 Road
Phoenix, Arizona 15008-3495
(602) 267-2700 DSN: 553-2700
Dough's GOVERNOR A. Ducey Major THE General ADJUTANT Michael GENERAL T. isieGuire
DEMA EMPG Local Programmatic Guidance document enclosed with this letter. As outlined
in the guidance, each grant award will be monitored for both programmatic and fiscal
compliance once per grant cycle. Please read the guidance document carefully and thoroughly
to ensure your grant funds are expended in an authorized manner.
As a reminder, the quarterly Expenditure and Narrative Reports along with all financial
supporting documents are due within 30 days of the end of each calendar quarter to receive
reimbursement, Reports must have original signatures and should be mailed to the following
address:
Arizona Division of Emergency Management
Attn: Nicole Elmer
Federal Grants Analyst
5636 E McDowell Rd.
Phoenix, AZ 85008
Should you have any questions, please email Nicole Elmer at: Nicole.elmer@azdema.gov or
602-267-2762. I look forward to working with you and your staff in the coming year.
Sincerely,
mith-Ree-ye
u irector, Dept. of Emergency & Military Affairs
Director, Division of Emergency Management

SUBGRANTEE AGREEMENT
EMW-2015-EP-00048
Between
The Arizona Department Emergency and Military Affairs
And
Maricopa County
WHEREAS, A.R.S. § 41-4254 charges the Arizona Department of Emergency and Military
Affairs (DEMA) with the responsibility of administering funds.
THEREFORE, it is agreed that the DEMA shall provide funding to Maricopa County under
CFDA # 97.042 for services under the terms of this Grant Agreement.
I. PURPOSE OF AGREEMENT
The purpose of this Agreement is to specify the responsibilities and procedures for
Maricopa County's role in administering Emergency Management Performance Grant
(EMPG) funds.
II. TERM OF AGREEMENT, TERMINATION AND AMENDMENTS
This Agreement shall become effective on July 1, 2016 and shall terminate on June 30,
2016. The obligations of the subrecipient's as described herein will survive termination of
this agreement.
III. DESCRIPTION OF SERVICES
The subrecipient shall provide the following services for the State of Arizona, Arizona
Department of Emergency Management & Military Affairs as approved in the grant
application titled "EMPG FY15" and funded at $732,666,37 ( as may have been modified
by the award letter).
a) The FY 2015 EMPG covers eligible costs from July 1, 2015 - June 30, 2016. The
funds awarded in the grant agreement shall only be used to cover allowable costs
that are incurred during the agreement period. Grant agreement funds shall not be
used for other purposes. For guidance on allowable costs, please refer to the FY
2015 EMPG Funding Opportunity Announcement.
b) All EMPG funded personnel must complete training requirements for the National
Incident Management System (NIMS) as stated in the EMPG FOA and record proof
of completion. All EMPG funded personnel must also participate in no less than three
exercises in a 12 month period.
C) Finance & Administration- The DEMA will serve as the primary fiscal agent for all
FFY 2015 EMPG funds. As the SAA for the grant program, DEMA retains final
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authority over allocation of grant funds related to the approved scope of work and
budget allocation for funded projects.
a) The FY 2015 EMPG program has a 50% cost match (cash or in-kind)
requirement, as authorized by the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, as amended, (Pub. L. No. 93-288) (42 U.S.C. §§
5121 et seq.), specifically, Title VI, sections 61 1U) and 613. Federal funds
cannot exceed 50% of eligible costs. Unless otherwise authorized by law,
federal funds cannot be matched with other federal funds.
b) The Federal Emergency Management Agency (FEMA) administers cost
matching requirements in accordance with 2 CFR § 200.306 Cost Match
To meet matching requirements, the Subrecipient contributions must be
reasonable, allowable, allocable, and necessary under the grant program and
must comply with all federal requirements and regulations.
IV. MANNER OF FINANCING
The DEMA shall:
a) Provide up to $732,665.37 to the sub-grantee for 50% of the costs associated with
the workplan developed under the EMPG guidelines. The sub-grantee will follow the
application unless modifications are requested. Modifications in the application must
be approved by DEMA prior to the expenditure of the funds.
b) Payment made by DEMA to the subrecipient shall be on a reimbursement basis
only and is conditioned upon receipt of proof of payment and applicable, accurate
and complete reimbursement documents, as deemed necessary by the DEMA, to be
submitted by the subrecipient. A listing of acceptable documentation is attached.
Payments will be contingent upon receipt of all reporting requirements of the
subrecipient under this Agreement. Please refer to Appendix A.
V. FISCAL RESPONSBILITY
It is understood and agreed that the total amount of the funds used under this
Agreement shall be used only for the project as described in the application. Any
modification to quantity or scope of work must be preapproved in writing by the DEMA.
Therefore, should the project not be completed, the subrecipient shall reimburse said
funds directly to the DEMA immediately. If the project is completed at a lower cost than
the original budget called for, the amount reimbursed to the subrecipient shall be for only
the amount of dollars actually spent by the subrecipient in accordance with the approved
application. For any funds received under this Agreement for which expenditure is
disallowed by an audit exemption or otherwise by the DEMA, the State, or Federal
government, the subrecipient shall reimburse said funds directly to the DEMA
immediately.
VI. FINANCIAL AUDIT/PROGRAMATIC MONITORING
The subrecipient agrees to terms specified in A.R.S. § 35-214 and § 35-215.
a) In addition, in compliance with the Federal Single Audit Act (31 U.S.C. par. 7501-
7507), as amended by the Single Audit Act Amendments of 1996 (P.L. 104 to 156),
the subrecipient must have an annual audit conducted in accordance with OMB
Circular #A-133 ("Audits of States, Local Governments, and Non-profit
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Organizations") if the subrecipient expends more than $750,000 from Federal
awards. If the subrecipient has expended more than $750,000 in Federal dollars, a
copy of the subrecipient's audit report for the previous fiscal year and subsequent
years within the period of performance is due annually to DEMA by March 31.
b) Subrecipients will be monitored periodically by the DEMA staff, both programmatically
and financially, to ensure that the project goals, objectives, performance
requirements, timelines, milestone completion, budgets, and other related program
criteria are being met. Monitoring will be accomplished through a combination of
office-based reviews and onsite monitoring visits. Monitoring can involve aspects of
the work involved under this contract including but not limited to the review and
analysis of the financial, programmatic, equipment, performance and administrative
issues relative to each program and will identify areas where technical assistance
and other support may be needed.
VII. APPLICABLE FEDERAL REGULATIONS
The subrecipient must comply with the Funding Opportunity Announcement (FOA),
Office of Management and Budget (OMB) Circulars Code of Federal Regulations (CFR)
and other Federal guidance including but not limited to:
a) 2 CFR § 200.0-200.345 Uniform Administrative Requirements Subpart A-D, for
Grants and Cooperative Agreements to State and Local Governments (formerly OMB
Circular A-102)
b) 2 CFR § 200.402-200.475 Subpart E — Cost Principles, Local & Indian Tribal
Governments OMB Circular A-133, Audits of States, Local Governments, and Non-
Profit Organizations, at http://vvww.whitehouse.gov/omb/circulars/a133/a133.html.
1) U.S. Department of Homeland Security Authorized Equipment List (AEL), at
https://vvww.rkb.mipt.org/ael.cfm
2) 2 CFR Part 215, Institutions of Higher Education, Hospitals and Other Non-
Profit Organizations.
3) 28 CFR applicable to grants and cooperative agreements, including Part II,
Applicability of Office of Management and Budget Circulators; Part 18,
Administrative Review Procedure; Part 20, Criminal Justice Information Systems;
Part 22, Confidentiality of Identifiable Research and Statistical Information; Part
23, Criminal Intelligence System Operating Policies; Part 42, Non-discrimination
Equal Employment Opportunities Policies and Procedures; Part 61, Procedures
for Implementing the National Environmental Policy Act; Part 63, Floodplain
Management and Wetland Protection Procedures; and Part 66, Uniform
Administrative Requirements for Grants and Co-operative Agreements to State
and Local Government.
Cost Principles: 2 CFR Part 200 Subpart E- §200.400-200.417 State and Local
Governments; 2 CFR Part 220, Educational Institutions; 2 CFR Part 230, Non-Profit
Organizations; Federal Acquisition Regulation Sub-part 31.2, Contracts with
Commercial Organizations.
OMB Circular A-133, Audits of States, Local Governments, and Non-Profit
Organizations, at http://vvww.whitehouse.qov/omb/circulars/a133/a133.html.
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Included within the above mentioned guidance documents are provisions for the
following:
National Incident Management System (NIMS)
The subrecipient agrees to remain in compliance with National Incident Management
System (NIMS) Implementation initiatives as outlined in the FOA.
Environmental Planning and Historic Preservation
The subrecipient shall comply with all applicable Federal, State, and Local
environmental and historic preservation (EHP) requirements and shall provide any
information requested by FEMA to ensure compliance with applicable laws including:
National Environmental Policy Act, National Historic Preservation Act, Endangered
Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and
Environmental Justice (12898).Subrecipient shall not undertake any project having the
potential to impact EHP resources without the prior approval of DEMA/FEMA, including
but not limited to communications towers, physical security enhancements, new
construction, and modifications to buildings that are 50 years old or greater. Subrecipient
must comply with all conditions placed on the project as the result of the EHP review.
Any change to the approved project scope of work will require re-evaluation for
compliance with these EHP requirements. If ground disturbing activities occur during
project implementation, the subrecipient must ensure monitoring of ground disturbance
and if any potential archeological resources are discovered, the subrecipient will
immediately cease construction in that area and notify FEMA and the appropriate State
Historic Preservation Office. Procurement and construction activities shall not be initiated
prior to the full environmental and historic preservation review.
Consultants/Trainers/Training Providers
Billings for consultants/trainers/training providers must include at a minimum: a
description of services; dates of services; number of hours for services performed; rate
charged for services; and, the total cost of services performed.
Consultant/trainer/training provider costs must be within the prevailing rates; must be
obtained under consistent treatment with the procurement policies of the subrecipient
and 2 CFR § 200.231,200.326 & 200.323.
Contractors/Subcontractors
The subrecipient may enter into written subcontract(s) for performance of certain of its
functions under the contract in accordance with terms established in the OMB Circulars,
Code of Federal Regulations, DHS Guidance/FOA and DHS Program Guidance. The
subrecipient agrees and understands that no subcontract that the subrecipient enters
into with respect to performance under this Agreement shall in any way relieve the
subrecipient of any responsibilities for performance of its duties. The subrecipient shall
give the DEMA immediate notice in writing by certified mail of any action or suit filed and
prompt notice of any claim made against the subrecipient by any subcontractor or
vendor which in the opinion of the subrecipient may result in litigation related in any way
to the Agreement with the DEMA.
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Personnel and Travel Costs
All grant funds expended for personnel, travel, lodging, and per diem must be consistent
with the subrecipient's policies and procedures; and the State of Arizona Accounting
Manual (SAAM); must be applied uniformly to both federally financed and other activities
of the agency; and will be reimbursed at the most restrictive allowability and rate. At no
time will the subrecipient's reimbursement(s) exceed the State rate established by the
Arizona Department of Administration, General Accounting Office Travel Policies:
https://gao.az.gov/publications/saam
Procurement
The subrecipient shall comply with all internal agency procurement rules/policies and
must also comply with Federal procurement rules/policies as outlined in section VII and
all procurement must comply with Arizona State procurement code and rules. The
Federal intent is that all Funds are awarded competitively. The subrecipient shall not
enter into a Noncompetitive (Sole or Single Source) procurement agreement, unless
prior written approval is granted by the DEMA.
Training and Exercise
The subrecipient agrees that any grant funds used for training and exercise must be in
compliance with the FOA. All training must be approved through the DEMA/AZDOHS
training request process prior to execution of training contract(s). All exercises must
utilize the FEMA Homeland Security Exercise and Evaluation Program (HSEEP) Toolkit
for exercise design, development and scheduling. Subrecipient agrees to:
a) Submit the HSEEP Toolkit Exercise Summary to DEMA with all Exercise
Reimbursement Requests.
b) Post all exercises, documentation and After Action Reports/Improvement Plans via
the HSEEP Toolkit.
c) Within 60 days of completion of an exercise, or as prescribed by the most recent
HSEEP guidance, the exercise host subrecipient is required to upload the AAR/IP
into the HSEEP Toolkit and email the AAR/IP to the local County Emergency
Manager, the FEMA Region IX Exercise POC, HSEEP@dhs.dov, and the Arizona
Department of Emergency Management (DEMA) Exercise Officer.
Nonsupplanting Agreement
The subrecipient shall not use funds to supplant State or Local funds or other resources
that would otherwise have been made available for this program/project. Further, if a
position created by a grant is filled from within, the vacancy created by this action must
be filled within thirty (30) days. If the vacancy is not filled within thirty (30) days, the
subrecipient must stop charging the grant for the new position. Upon filling the vacancy,
the subrecipient may resume charging for the grant position.
E-Verify
Compliance requirements for A.R.S. § 41-4401—immigration laws and [-Verify
requirement.
a) The subrecipient warrants compliance with all Federal immigration laws and
regulations relating to employees and warrants its compliance with Section A.R.S. §
23-214, Subsection A. (That subsection reads: "After December 31, 2007, every
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employer, after hiring an employee, shall verify the employment eligibility of the
employee through the E-Verify program).
b) A breach of a warranty regarding compliance with immigration laws and regulations
shall be deemed a material breach of the contract and the subrecipient may be
subject to penalties up to and including termination of the Agreement.
c) The DEMA retains the legal right to inspect the papers of any employee who works
on the Agreement to ensure that the subrecipient is complying with the warranty
under paragraph (a) above.
Property Control
Effective control and accountability must be maintained for all property. The subrecipient
must adequately safeguard all such property and must assure that it is used for
authorized purposes as described in the FOA, grant application, and Code of Federal
Regulations (CFRs). The subrecipient shall exercise caution in the use, maintenance,
protection and preservation of such property.
a) Equipment shall be used by the subrecipient in the program or project for which it
was acquired as long as needed, whether or not the program or project continues to
be supported by federal grant funds. Theft, destruction, or loss of property shall be
reported to the DEMA immediately.
b) Nonexpendable Property is property which has a continuing use, is not consumed in
use, is of a durable nature with an expected service life of one or more years, has an
acquisition cost of $300 (Three Hundred Dollars) or more, and does not become a
fixture or lose its identity as a component of other equipment or plant.
c) A Capital Asset is any personal or real property, or fixture that has an acquisition
cost of $5,000 (Five Thousand Dollars) or more per unit and a useful life of more
than one year. If the Capital Asset current value is equal to or greater than $5,000 at
the end of life or required project activities is discontinued, the subrecipient must
request and receive authorization from DEMA prior to disposition.
d) 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 shall provide DEMA a copy
of the Property Control Form with the final reimbursement request form, or no more
than forty-five (45) calendar days after the end of the Agreement. The Property
Control Form shall be updated and a copy provided to DEMA no more than forty-
five (45) calendar days after equipment disposition, if applicable. The disposition of
equipment shall be in compliance with the DEMA Disposition Guidance.
e) Upon submission of the final quarterly programmatic report the subrecipient must file
with the DEMA a copy of the Property Control Form. The subrecipient agrees to be
subject to equipment monitoring and auditing by state or federal authorized
representatives to verify information.
f) A physical inventory of the Nonexpendable Property and Capital Assets must be
taken and the results reconciled with the Property Control Form at least once every
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two years. (1) A control system must be developed to ensure adequate safeguards
to prevent loss, damage, or theft of the property. Any loss, damage, or theft shall be
investigated. (2) Adequate maintenance procedures must be developed to keep the
property in good condition.
Allowable Costs
The allowability of costs incurred under this agreement shall be determined in
accordance with the general principles of allowability and standards for selected cost
items as set forth in the applicable OMB Circulars, Code of Federal Regulations,
authorized equipment lists and guidance documents referenced above.
a). The subrecipient agrees they have never received a negotiated indirect cost
agreement, therefore according to 2 CFR §200.414, the subrecipient can expend a
minimum flat rate of 10% of modified total direct costs.
b.) The subrecipeint agrees that grant funds are not to be expended for any
Management and Administrative (M&A) costs that may be incurred by the
subrecipient for administering these funds unless explicitly applied for and approved
in writing by the DEMA and shall be in compliance with the FOA.
VIII. DEBARMENT CERTIFICATION
The subrecipient agrees to comply with the Federal Debarment and Suspension
regulations as outlined in the "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions."
IX. FUNDS MANAGEMENT
The subrecipient must maintain funds received under this Agreement in separate ledger
accounts and cannot mix these funds with other sources. The subrecipient must manage
funds according to applicable Federal regulations for administrative requirements, costs
principles, and audits. The subrecipient must maintain adequate business systems to
comply with Federal requirements. The business systems that must be maintained are:
• Financial Management
• Procurement
• Personnel
• Property
• Travel
A system is adequate if it is 1) written; 2) consistently followed it applies in all similar
circumstances; and 3) consistently applied — it applies to all sources of funds.
X. REPORTING REQUIREMENTS
Regular reports by the subrecipient shall include:
a) Programmatic Reports - The subrecipient shall provide quarterly programmatic
reports to DEMA within fifteen (15) working days of the last day of the
quarter in which services are provided. The subrecipient shall use the form
provided by the DEMA to submit quarterly programmatic reports. The report
shall contain such information as deemed necessary by the DEMA. The
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subrecipient shall use the Quarterly Programmatic Report Format template,
Please see Attachment b. If the scope of the project has been fully
completed and implemented, and there will be no further updates, then'the
quarterly programmatic report for the quarter in which the project was
completed will be sufficient as the final report. The report should be marked
as final and should be inclusive of all necessary and pertinent information
regarding the project as deemed necessary by the DEMA. Quarterly
programmatic reports shall be submitted to DEMA until the entire scope of
the Grant is completed. Upon request, the Subrecipient must provide to the
Subgrantor information necessary to meet any state or federal subaward reporting
requirements.
b) Quarterly Programmatic reports are due:
October 15 (period July 1 — September 30)
January 15 (period October 1— December 31)
April 15 (period January 1 — March 31)
July 16 (period April 1 — June 30)
Quarterly Financial Expenditure reports are due:
October 30 (period July 1 — September 30)
January 30 (period October 1— December 31)
April 30 (period January 1 — March 31)
July 30 (period April 1 — June 30)
c) Property Control Form — if applicable
The subrecipient shall provide DEMA a copy of the Property Control Form the final
reimbursement request form, or no more than forty-five (45) calendar days after
the end of the Agreement. The Property Control Form shall be updated and provide
a copy to DEMA no more than forty-five (45) calendar days after equipment
disposition, if applicable. The disposition of equipment must be in compliance with
the DEMA Disposition Guidance as provided by the Department Asset Manager.
d) Financial Reimbursements
The subrecipient shall provide quarterly requests for reimbursement.
Reimbursements shall be submitted with the Reimbursement Form provided by the
DEMA staff. Please see attachment C.
The subrecipient shall submit a final reimbursement for expenses received and
invoiced prior to the end of the termination of this Agreement no more than forty-five
(45) calendar days after the end of the Agreement. Requests for reimbursement
received later than the forty-five (45) days after the Agreement termination will not be
paid. The final reimbursement request as submitted shall be marked FINAL.
The DEMA requires that all requests for reimbursement are submitted via U.S. mail
(United States Postal Service), FedEx, UPS, etc.. .or in person. Reimbursements
submitted via fax or by any electronic means will not be accepted.
The DEMA reserves the right to request and/or require any supporting
documentation it feels necessary in order to process reimbursements.
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All reports shall be submitted to the contact person as described in Paragraph XXXIX,
NOTICES, of this Agreement.
XI. ASSIGNMENT AND DELEGATION
The subrecipient may not assign any rights hereunder without the express, prior written
consent of both parties.
XII. AMENDMENTS
Any change in this Agreement including but not limited to the Description of Services
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 representative of the subrecipient and the DEMA.
Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in
the amount of the subrecipient's compensation if applicable; 3) be titled as an
"Amendment," and 4) be signed by the parties identified in the preceding sentence. 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.
XII. AGREEMENT RENEWAL
This Agreement shall not bind nor purport to bind the DEMA for any contractual
commitment in excess of the original Agreement period.
XIV. RIGHT TO ASSURANCE
If the DEMA in good faith has reason to believe that the subrecipient does not intend to,
or is unable to perform or continue performing under this Agreement, the DEMA may
demand in writing that the subrecipient give a written assurance of intent to perform. If
the subrecipient fails to provide written assurance within the number of days specified in
the demand, the DEMA at its option may terminate this Agreement.
XV. CANCELLATION FOR CONFLICT OF INTEREST
The DEMA may, by written notice to the subrecipient, immediately cancel this
Agreement without penalty or further obligation pursuant to A.R.S. § 38-511 if any
person significantly involved in initiating, negotiating, securing, drafting or creating the
Agreement on behalf of the State or its subdivisions (unit of Local Government) is an
employee or agent of any other party in any capacity or a consultant to any other party to
the Agreement with respect to the subject matter of the Agreement. Such cancellation
shall be effective when the parties to the Agreement receive written notice from the
DEMA, unless the notice specifies a later time.
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XVI. THIRD PARTY ANTITRUST VIOLATIONS
The subrecipient assigns 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 fulfillment of this Agreement.
XVII. AVAILABILITY OF FUNDS
Every payment obligation of the DEMA under this Agreement is conditioned upon the
availability of funds appropriated or allocated for the payment of such obligations. If the
funds are not allocated and available for the continuance of this Agreement, the DEMA
may terminate this Agreement at the end of the period for which funds are available. No
liability shall accrue to the DEMA in the event this provision is exercised, and the DEMA
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
the subreciplent in the execution of this Agreement.
XVIII. FORCE MAJEURE
If either party hereto 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.
XIX. PARTIAL INVALIDITY
Any term or provision of this Agreement that is hereafter declared contrary to any current
or future law, order, regulation, or rule, or which is otherwise invalid, shall be deemed
stricken from this Agreement without impairing the validity of the remainder of this
Agreement.
XX. ARBITRATION
In the event of any dispute arising under this Agreement, written notice of the dispute
must be provided to the other party within thirty (30) days of the events giving the rise to
the dispute. The subrecipient agrees to terms specified in A.R.S. § 12-1518.
)0(1. GOVERNING LAW AND CONTRACT INTERPRETATION
a) This Agreement shall be governed and interpreted in accordance with the laws of the
State of Arizona.
b) This Agreement is intended by the parties as a final and complete expression of their
agreement. No course of prior dealings between the parties and no usage of the trade
shall supplement or explain any terms in this document.
c) Either party's failure to insist on strict performance of any term or condition of the
Agreement shall not be deemed a waiver of that term or condition even if the party
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accepting or acquiescing in the nonconforming performance knows of the nature of
the performance and fails to object.
XXII. ENTIRE AGREEMENT
This Agreement and its Exhibits constitute the entire Agreement between the parties
hereto pertaining to the subject matter hereof and may not be changed or added to
except by a writing signed by all parties hereto in conformity with Paragraph X,
REPORTING REQUIREMENTS; provided; however, that the DEMA shall have the right
to immediately amend this Agreement so that it complies with any new legislation, laws,
ordinances, or rules affecting this Agreement. The subrecipient agrees to comply with
any such amendment within ten (10) business days of receipt of a fully executed
amendment. All prior and contemporaneous agreements, representations, and
understandings of the parties, oral, written, pertaining to the subject matter hereof, are
hereby superseded or merged herein.
XXIII. RESTRICTIONS ON LOBBYING
The subrecipient shall not use funds made available to it under this Agreement to pay
for, influence, or seek to influence any officer or employee of a State or Federal
government.
XXIV. LICENSING
The subrecipient, unless otherwise exempted by law, shall obtain and maintain all
licenses, permits, and authority necessary to perform those acts it is obligated to perform
under this Agreement.
XXV. NON-DISCRIMINATION
The subrecipient shall comply with all State and Federal equal opportunity and non-
discrimination requirements and conditions of employment, including the Americans with
Disabilities Act, in accordance with A.R.S. title 41, Chapter 9, Article 4 and Executive
Order2009-09.
XXVI. SECTARIAN REQUESTS
Funds disbursed pursuant to this Agreement may not be expended for any sectarian
purpose or activity, including sectarian worship or instruction in violation of the United
States or Arizona Constitutions.
XXVII. SEVERABILITY
The provisions of this Agreement are severable. Any term or condition deemed illegal or
invalid shall not affect any other term or condition of the Agreement.
)(XVIII. ADVERTISING AND PROMOTION OF AGREEMENT
The subrecipient shall not advertise or publish information for commercial benefit
concerning this Agreement without the written approval of the DEMA.
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XXIX. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS
Any television public service announcement that is produced or funded in whole or in
part by the subrecipient shall include closed captioning of the verbal content of such
announcement.
XXX. INDEMNIFICATION
To the extent permitted by law, each party (as indemnitor) agrees to indemnify, defend
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 of any person (including
death) or property damage, but only to the extent that 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.
XXXI. TERMINATION
a) All parties reserve the right to terminate the Agreement in whole or in part due to the
failure of the subrecipient or the grantor to comply with any term or condition of the
Agreement, to acquire and maintain all required insurance policies, bonds, licenses
and permits or to make satisfactory progress in performing the Agreement. The staff
of either party shall provide a written thirty (30) day advance notice of the termination
and the reasons for it.
b) If the subrecipient chooses to terminate the contract before the grant deliverables
have been met then the DEMA reserves the right to collect all reimbursements
distributed to the subrecipient.
c) The DEMA may, upon termination of this Agreement, procure, on terms and in the
manner that it deems appropriate, materials or services to replace those under this
Agreement. The subrecipient shall be liable to the DEMA for any excess costs
incurred by the DEMA in procuring materials or services in substitution for those due
from the subrecipient.
)00(11. CONTINUATION OF PERFORMANCE THROUGH TERMINATION
The subrecipient shall continue to perform, in accordance with the requirements of the
Agreement, up to the date of termination, as directed in the termination notice.
)00(111. 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.
XXXIV. AUTHORITY TO EXECUTE THIS AGREEMENT
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Each individual executing this Agreement on behalf of the subrecipient represents
and warrants that he or she is duly authorized to execute this Agreement.
)00(V. SPECIAL CONDITIONS
a) The subrecipient must comply with the most recent version of the Administrative
Requirements, Cost Principles, and Audit requirements
b) The subrecipient acknowledges that U.S. Department of Homeland Security and
the DEMA reserves a royalty-free, non-exclusive, and irrevocable license to
reproduce, publish, or otherwise use, and authorize others to use, for Federal
government purposes:
1. The copyright in any work developed under an award or sub-award; and
2. Any rights of copy right to which a subrecipient purchases ownership with
Federal support The subrecipient shall consult with the DEMA regarding the
allocation of any patent rights that arise from, or are purchased with, this
funding.
XL. RECORD RETENTION
Pursuant to A.R.S. §§ 35-214 and 35-215, the Parties shall retain all records relating to
this Agreement for a period of five years after completion of the Agreement. All records
shall be subject to inspection and audit by the State of Arizona at reasonable times.
XLI. NOTICES
Any and all notices, requests, demands, or communications by either party to this
Agreement, pursuant to or in connection with 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 Emergency & Military Affairs
5636 E. McDowell Rd
Phoenix, AZ 85008
The subrecipient shall address all programmatic questions and reimbursement
notices relative to this Agreement to the appropriate the DEMA staff contact:
Programmatic Coordinator Grants Coordinator (Fiscal)
Diane Fernandez Nicole Elmer
Diane.Fernandezazdema.gov Nicole.Elmer(&azdema.gov
602-464-6268 602-267-2762
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XLII. IN WITNESS WHEREOF
The parties hereto agree to execute this Agreement.
FOR AND BEHALF OF FOR AND BEHALF OF
Maricopa County Arizona Department of Emergency & Military Affairs
Authorized Signature
Wendy Smith-Reeve, Deputy Director
Name & Title
Date Date
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