FY27 SRA_MCSO.PDF

Maricopa County — Formal (2026-11-04)

View PDF Item 32 Meeting page

Extracted text (via pymupdf_layout) 53676 characters
da
SUBRECIPIENT AGREEMENT
Subrecipient: Maricopa County Sheriff's Office (MCSO)
Title: FY2027 Securing the Cities (STC) Program Subrecipient Agreement

Table of Contents
I. INTRODUCTION 2
§101. Federal Award Information 2
§102. Subrecipient Award Information 2
§103 Parties to the Agreement 3
§104. Representatives of the Parties and Service of Notices 3
§105. Independent Party 4
§106. Financial Audit/Programmatic Monitoring 4
II.TERM AND SERVICES TO BE PROVIDED 6
§201. Time of Performance 6
§202. STC Implementation Program and Use of Grant Funds 6
III. PAYMENT 13
§301. Reimbursement of Grant Funds and Method of Payment 13
IV. STANDARD PROVISIONS 15
§401 Construction of Provisions and Titles Herein 15
§402. Applicable Law, Interpretation and Enforcement 15
§403. Integrated Agreement 15
§404. Excusable Delays 15
§405. Breach 16
§406. Prohibition Against Assignment or Delegation 16
§407. Subcontractor Assurances 16
§408. Remedies for Noncompliance 16
§409. Termination 16
§410. Permits 18
§411. Nondiscrimination and Affirmative Action 18
§412. Indemnification 18
§413. Conflict of Interest 19
§414. Restriction on Disclosures and Confidentiality 19
§415. Publications and Use of Grantor Markings 20
§416. Compliance with Applicable Regulations and Statutes 20
V. MISCELLANEOUS 23
§501. Amendments 23
§502. Counterparts 23
FY2027 STC Subrecipient Agreement i

SUBRECIPIENT AGREEMENT BETWEEN
MARICOPA COUNTY SHERIFF’S OFFICE
AND MARICOPA COUNTY, THROUGH THE DEPARTMENT OF EMERGENCY
MANAGEMENT
THIS SUBRECIPIENT AGREEMENT (“Agreement” or “Contract”) is made and entered
into by and between Maricopa County, a political subdivision of the state of Arizona
(“County”), through the Maricopa County Department of Emergency Management
(“MCDEM”), and the Maricopa County Sheriff's Office (MCSO) (“Subrecipient”). The County
and the Subrecipient are referred to collectively as the “Parties” and individually as a
“Party.”
W I T N E S S E T H
WHEREAS, the U.S. Department of Homeland Security (“DHS”), established through
its Countering Weapons of Mass Destruction Office (“CWMD” and then transferred to the
Federal Emergency Management Agency (“FEMA”), Chemical Biological Radiological
Nuclear (“CBRN”) Support Directorate in May 2026, along with DHS, collectively “Grantor”),
has provided financial assistance to the County through the Grantor’s Securing the Cities
Program Cooperative Agreement for the Maricopa County region (the “Grant”) to assist the
County in developing a regional structure of law enforcement and first responder
organizations to identify, prevent and respond to potential nuclear and radiological threats
in the Maricopa County region (the “STC Program”); and
WHEREAS, the County was first awarded grant funding on September 25, 2020, to
implement the Maricopa County STC Program (Grant No. 20CWDSTC00016-02-01; C# C-
15-21-005-X-00); and
WHEREAS, the Grantor established the STC Program Implementation Cooperative
Agreement (“Implementation Grant”) to sustain STC programs, including the Maricopa
County region, from September 25, 2020, through October 31, 2031; and
WHEREAS, the Grantor intends to provide such financial assistance to the County
in annual budget allocations of grant funds for a period of ten (10) years (the “Grant Funds”),
subject to the availability of funding; and
WHEREAS, the Grantor has approved a carryover allocation of Grant Funds to the
County for a total of: $2,132,000.00, that has been authorized by the Maricopa County
Board of Supervisors (C-15-27-003-X-00), and
WHEREAS, the County shall annually reapply for funding for each subsequent grant
year during the term of this Agreement, and request approval from the Maricopa County
Board of Supervisors to accept the corresponding grant award allocation; and
WHEREAS, the County has designated MCDEM to provide for the proper monitoring
of the funding and administration of the Grant; and
FY2027 STC Subrecipient Agreement 1

WHEREAS, the Subrecipient has previously entered into a Memorandum of
Understanding (C-15-22-001-X-00) (“MOU”) or Intergovernmental Agreement (“IGA”) with
the County memorializing Subrecipient’s participation in the STC Implementation Program
and the MCDEM administration of the STC Implementation Program and
WHEREAS, the County and Subrecipient are desirous of executing this Agreement
as authorized by the Maricopa County Board of Supervisors and to allow for the
reimbursement by Grant Funds of certain personnel costs relating to training, exercise, and
drills of the Subrecipient and the use by Subrecipient of certain County equipment
purchased by Grant Funds, all in accordance with the conditions set forth in this Agreement,
not to exceed $187,102.00.
THEREFORE, in consideration of the mutual agreements expressed herein, it is agreed as
follows.
I. INTRODUCTION
§101. Federal Award Information
The “Federal award” (as such term is defined in the Code of Federal Regulations
(“CFR”), 2 CFR §200.38, and used in this Agreement) is the Maricopa County Region
Securing the Cities Program FAIN # 20CWDSTC00018, Assistance listing Number
#97.106, Federal Award Date 09/25/2020. This is not a “Research & Development”
award as defined in 2 CFR §200.1 and 200.332.
The “Federal awarding agency” (as such term is defined in 2 CFR §200.1 and used
in this Agreement) is DHS, established through the CWMD then transferred to FEMA
in May 2026.
The County, acting through MCDEM, acts as the “pass-through entity” (as such term
is defined in 2 CFR §200.1 and used in this Agreement) for the subaward of the
Federal award to the Subrecipient (“Subaward”) for the benefit of the Maricopa
County Region.
§102. Subrecipient Award Information
Subrecipient hereby accepts the following Subaward of the Federal award upon the
terms and conditions set forth in this Agreement:
Subaward Amount:
Year Budget Period Allocation
5 July 1, 2026 – June 30, 2027 $187,102.00
6 July 1, 2027 – June 30, 2029 Subject to DHS funding/County Approval
7 July 1, 2029 – June 30, 2029 Subject to DHS funding/County Approval
8 July 1, 2029 – June 30, 2030 Subject to DHS funding/County Approval
9 July 1, 2030 – June 30, 2031 Subject to DHS funding/County Approval
FY2027 STC Subrecipient Agreement 2

Subaward Period of Performance: July 1, 2022, through June 30, 2031
Match Requirement: None
The term of this Agreement shall be the “Term” as set forth in this Section 201.
§103 Parties to the Agreement
The Parties to this Agreement are:
A. The Maricopa County, through the Department of Emergency Management,
having its principal office at 1325 N Fiesta Blvd, Gilbert, AZ 85233; and
B. The Maricopa County Sheriff's Office (MCSO) having its principal office at
550 W. Jackson Street, Phoenix, AZ 85003
§104. Representatives of the Parties and Service of Notices
A. The representatives of the respective Parties who are authorized to
administer this Agreement and to whom formal notices, demands and
communications shall be given are as follows:
1. The representative of MCDEM approved authority shall be, unless
otherwise stated in this Agreement:
Richard Turner, Emergency Operations Manager
Maricopa County Department of Emergency Management
1325 N Fiesta Blvd, Gilbert, AZ 85233
(602) 273-1411
Richard.Turner@maricopa.gov
2. The representative of Maricopa County Sheriff's Office (MCSO):
Joseph Dietrich, Captain
550 W. Jackson Street
Phoenix, AZ, 85003
(602) 876-1000
J_Dietrich@MCSO.maricopa.gov
B. Formal notices, demands and communications to be given hereunder by
either Party shall be made in writing and may be affected by personal
delivery or certified mail, postage prepaid, return receipt requested and shall
be deemed communicated as of the date of mailing, or by commercial
courier service is delivered over a receipt.
C. If the name of the person designated to receive the notices, demands or
communications or the address of such person is changed, written notice
shall be given, in accordance with this section, within five business days of
said change, and such change shall be effective without the need to follow
FY2027 STC Subrecipient Agreement 3

any processes set forth in the Agreement for amendment to same.
§105. Independent Party
Subrecipient is acting hereunder as an independent party, and not as an agent or
employee of the County. No employee of Subrecipient is, or shall be, an employee
of the County by virtue of this Agreement, and Subrecipient shall so inform each
employee organization and each employee who is hired or retained under this
Agreement. Subrecipient shall not represent or otherwise hold out itself or any of
its directors, officers, partners, employees, or agents to be an agent or employee of
the County by virtue of this Agreement. The provisions of this Section shall not
apply to Subrecipient if it is a proprietary department of the County.
§106. Financial Audit/Programmatic Monitoring
The Subrecipient agrees to comply with the record-keeping requirements and other
requirements of A.R.S. 35-214 and 35-215.
A. In addition, in compliance with the Federal Single Audit Act (31 USC 7501-7507)
as amended by the Single Audit Act Amendments of 1996 (P.L. 104-156) and 2
C.F.R. 200.501, the Subrecipient must have a Single Audit or program specific
audit conducted in accordance with 2 C.F.R. 200 (Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards) if
the Subrecipient expends $1,000,000 or more from Federal awards in its
previous fiscal year. If the Subrecipient has expended more than $1,000,000 in
Federal dollars, a copy of the Subrecipient’s single audit or program specific
audit report for the previous fiscal year and subsequent fiscal years that fall
within the period of performance is due annually to MCDEM within nine (9)
months of the Subrecipient’s fiscal year end.
B. Failure to comply with any requirements imposed as a result of an audit will
suspend reimbursement by the County to the Subrecipient until the Subrecipient
is in compliance with all such requirements. Additionally, the Subrecipient will
not be eligible for any new awards until the Subrecipient is in compliance with
all such requirements.
[THIS SECTION IS INTENTIONALLY LEFT BLANK]
FY2027 STC Subrecipient Agreement 4

II.TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall be from (July 1, 2026 through June 30, 2027) (the
"Term”). Subrecipient shall cooperate with the County and Grantor in completing any
necessary close out activities in connection with the Grant.
§202. STC Implementation Program and Use of Grant Funds
A. STC Implementation Program Participation
Subrecipient and the County previously entered into that certain MOU or IGA. As a
participating agency in the STC Program, Subrecipient shall be reimbursed through
Grant Funds for certain training, exercise, and drill-related personnel expenses and
Subrecipient shall have use of certain equipment purchased with Grant Funds, all in
accordance with the terms and conditions of the Grant, this Agreement and the
policies and procedures of the STC Implementation Program. In consideration
therefore, Subrecipient agrees as follows:
1. Subrecipient shall comply with the terms and conditions of the MOU/IGA and
this Agreement, and the policies and procedures of the STC Program as may
be approved and adopted by the MCDEM Approval Authority (as may be
required) and/or the Executive Committee in the STC Program. MCDEM will
work cooperatively with the Subrecipient to address questions,
implementation challenges, or identify areas of concern.
2. Subrecipient shall comply with the applicable requirements of the Grant and
any requirements promulgated by MCDEM in connection with the
administration of the Grant, including, without limitation, requirements
related to the reimbursement and auditing of expenses related to the use of
Grant Funds and the procurement and use of all equipment, services and
items purchased with Grant Funds. MCDEM will provide reasonable notice
and guidance regarding material changes to such administrative
requirements when practical.
3. Subrecipient shall designate an authorized representative to participate in
Executive Committee meetings of the STC Program and will make a good
faith effort to maintain regular participation. When attendance is not
practicable, Subrecipient should communicate the absence to MCDEM
Program Staff and, when possible, identify an alternate representative or
otherwise remain informed of relevant Committee activities. Patterns of
limited participation may be considered when determining program priorities,
including training, equipment, or funding allocations, after reasonable efforts
have been made to communicate with the Subrecipient.
FY2027 STC Subrecipient Agreement 5

4. Through its representatives, Subrecipient will make reasonable efforts to
collaborate with MCDEM and other participating agencies in developing and
periodically updating STC Program plans, (a) Operations Plan, (b) Integrated
Preparedness Plan, and (c) Equipment Plan. Subrecipient is encouraged to
provide subject matter expertise and operational input appropriate to its
capabilities and roles within the regional program.
5. Subrecipient shall collaborate in good faith with other participating agencies
in the STC Program in developing agency specific Standard Operating
Procedures (SOP) that will be adopted by the participating agencies of the
STC Program. Such protocols shall include protocols for the detection,
collection, dissemination, screening and reporting of information regarding
possible radiological and nuclear threats or incidents in the State of Arizona.
Such protocols shall involve the notification of such threats or incidents to
the Arizona Counter Terrorism Information Center (ACTIC), Federal Bureau of
Investigation, U.S. Department of Homeland Security Federal Emergency
Management Agency, Chemical Biological Radiological Nuclear Support
Directorate, and the United States Department of Energy.
6. Subrecipient will make a reasonable and good faith efforts to ensure
appropriate personnel complete trainings, drills, and exercises identified in
the Integrated Preparedness Plan and by the Grantor. When operational,
staffing, scheduling, or other circumstances prevent participation,
Subrecipient should communicate with MCDEM Program staff so that
reasonable alternatives or future opportunities may be considered, when
permitted by Grant requirements.
7. Subrecipient will make reasonable efforts to timely complete and submit
forms and reports, and supporting information required by FEMA CBRN under
the Grant in connection with Subrecipient’s activities as a participant in the
STC Program, including activities involving incident reporting, training,
exercise, and operations. If circumstances are expected to delay submission,
Subrecipient should communicate with MCDEM as soon as practicable to
determine whether an alternative submission date or corrective action is
allowable.
Subrecipient shall not be reimbursed by Grant Funds or the County for any
expenses incurred by it which is not approved by MCDEM and the Grantor and
which is not strictly set forth in the budget for use of Grant Funds in the STC
Implementation Program as such budget is approved by MCDEM and the
Grantor. Subrecipient is expected to participate in annual training, and
equipment needs discussions and to provide MCDEM with reasonably
available information necessary to develop the STC Program budget,
including estimated costs associated with proposed activities.
FY2027 STC Subrecipient Agreement 6

8. Subrecipient personnel attending training must complete the training within
the Center for Radiological Nuclear Training - Counter Terrorism Operation
Support (CTOS) course requirements for the Subrecipient to receive funding
reimbursement.
B. Maricopa County Responsibilities
The County, as the primary applicant and recipient of the Grant, is the sole fiscal
agent and lead agency with regards to the use of Grant Funds in the STC Program
and all fiscal and administrative matters (including the procurement of any
services, goods, or equipment) regarding the use of Grant Funds shall be managed
and overseen by the County. Subrecipient shall cooperate in good faith with the
County duties as fiscal agent and lead agency of the Grant, such duties to include,
without limitation, the following:
1. Administration of the STC Program and the Grant, including the
managing all fiscal operations and procurement activities involving
Grant Funds.
2. Development and submission of applications to the Grantor for
annual allocations of Grant Funds and serving as the primary point of
contact for the STC Program with the Grantor.
3. Development of annual budgets for use of Grant Funds in the STC
Program.
4. Coordination of the distribution and licensing to Subrecipient of STC
Program equipment, source materials, and training and exercise
schedules.
5. Periodic inspections and audits of all STC Program related
materials, equipment, records, documents, and other assets acquired
by or related to the use of Grant Funds which may be in the
possession or control of the Subrecipient. Maricopa County requires
that each fiscal year employees visually inspect any assets over
$5,000.00.
C. Reimbursement of Training & Exercise-Related Personnel Expenses
As a participant in the STC Program, Subrecipients shall ensure that its
designated representatives in good faith efforts are expected to attend training
and exercises as required by the Grantor and as set forth in the STC Program’s
Integrated Preparedness Plan (IPP) as adopted by a majority of the STC Program
participants. Subrecipients have the right to participate in the development of the
IPP through the participation of its designated representatives in the STC
Program Training & Exercise subcommittee tasked with the development of the
FY2027 STC Subrecipient Agreement 7

IPP.
1. All Grant Funds allocated to the Subrecipient under this Agreement
shall be disbursed ONLY for reimbursement of Subrecipient’s
personnel expenses associated with the attendance and participation
of Subrecipient’s designated representatives in any IPP training
and/or exercise. All such reimbursements shall be in strict
accordance with the STC Program budget for training and exercise
reimbursement as approved by the Grantor and MCDEM. Further, any
such reimbursement shall be strictly limited to backfill or overtime
costs directly resulting from Subrecipient’s designated
representatives’ attendance and participation at such IPP training
and/or exercise and shall be reimbursed at a rate and amount as
approved by MCDEM and the Grantor (“Training Reimbursement”).
2. Subrecipient shall prepare, track, maintain and submit to MCDEM
originally executed timesheets, timekeeping documents, and any
other supporting documentation, all in a form and manner as
approved by MCDEM and all as necessary to fully and accurately
evidence time expended by Subrecipient’s designated
representatives in attending approved IPP trainings and/or exercises
and the allowable expenses incurred by Subrecipient in connection
with such attendance (“Expense Documentation”).
3. All such Expense Documentation shall satisfy applicable Federal,
State and County audit and review standards and requirements and
shall be prepared at the sole expense and responsibility of
Subrecipient.
4. MCDEM may request, in writing, changes to the content and format
of such documentation at any time and it reserves the right to request
additional supporting documentation to substantiate costs that are
to be reimbursed with Grant Funds.
5. All Expense Documentation must be submitted to MCDEM within
thirty (30) days after the official email notification from MCDEM
attendance/participation at the applicable IPP training and/or
exercise in order to be eligible for reimbursement with Grant Funds.
All reimbursable trainings, exercises, and drills, must be completed
by May 1st, unless a later date is approved by MCDEM, to allow for
reimbursement payment processing prior to the end of each fiscal
year (June 30th).
6. Certain travel is allowed, if deemed necessary by MCDEM and the
Executive Committee for the STC implementation. Travel and related
costs are required to be approved by MCDEM and FEMA CBRN, prior
to booking. Travel arrangements are required to be completed by the
Subrecipient for approved travel. Travel costs must follow local,
county, and federal guidelines, including per diem costs for lodging
and meal, incidentals, and expenses. A cost analysis is required to be
submitted to MCDEM prior to approval of travel.
FY2027 STC Subrecipient Agreement 8

7. The Subrecipient is eligible for reimbursement for overtime or
backfill, for instruction time for cadre instructor(s), who have
completed CTOS, PER-243-1 Primary Screener Train the Trainer by
teaching 3 classes or 75 students and remain in good standing,
employed by the Subrecipient. Prior to the training, the instructor is
required to submit a training request and receive approval from
MCDEM for the course.
i. Reimbursement for cadre instructors is allowable up to 12
hours for Primary Screener Course.
D. Equipment and Materials Purchased with Grant Funds
The procurement of all equipment and materials acquired with Grant Funds
(“Equipment”) shall be the sole responsibility of the County, and title to such
Equipment shall vest in MCDEM as the primary recipient of Grant Funds. Equipment
selected for purchase by the County with Grant Funds shall be in accordance with
the STC Program. Subrecipient shall have the right to participate in the
development of such Equipment Plan through the participation of its designated
representatives in the STC Program Equipment subcommittee tasked with the
development of the Equipment Plan. As a participant in the STC Program,
Subrecipient shall have the opportunity to use Equipment for Subrecipient’s
activities in the STC Program on a license-to-use basis with title remaining with the
County (“License”), the selection of such Equipment to be made by a majority of the
STC Program participants and the DHS FEMA CBRN and MCDEM Approval
Authority. In the event Subrecipient is granted a License to use any Equipment, such
License is made on the following terms:
1. Subrecipient shall be solely responsible for taking possession and
transporting the Equipment from the County designated location to
Subrecipient’s premises and properly installing the Equipment for use
at the Subrecipient’s location approved by MCDEM. Subrecipient shall
be solely responsible for removing the Equipment from Subrecipient’s
premises and returning it to the County’s designated location.
2. Subrecipient shall be liable to the County for any and all liabilities,
damages, claims and/or losses of any nature whatsoever arising out
of, or related to, Subrecipient’s use and possession of the Equipment.
For purposes of this Agreement, Subrecipient’s possession of the
Equipment shall commence at the time Subrecipient is given
possession of the Equipment at a designated County location where
the Equipment is stored and shall continue until such Equipment is
returned into the possession of the County at the designated County
location where the Equipment is to be returned for County storage.
FY2027 STC Subrecipient Agreement 9

3. Subrecipient in good faith shall properly maintain, safeguard, and
inventory the Equipment in accordance with procedures prescribed
and approved by MCDEM, the STC Program Equipment Plan, and the
regulations of the Grant, including the provisions set forth in 44 Code
of Federal Regulations (CFR) Section 13.32(d). Proper maintenance
shall include all calibration and repair of the Equipment necessary to
maintain the Equipment in good working order. All maintenance,
calibration, and repair (“Maintenance”) of the Equipment shall be
coordinated through MCDEM, shall require its prior written approval,
and shall be undertaken only by appropriately licensed personal
authorized and deemed qualified by MCDEM.
4. Subrecipient shall timely and properly install the Equipment at
Subrecipient’s location as agreed to by MCDEM. Subrecipient shall
operate and use the Equipment strictly in connection with its
activities in the STC Program and in a manner as approved by
MCDEM. Subrecipient shall limit access to the Equipment (including
access for maintenance and inspections) to personnel, time, place,
and manner as authorized in writing in advance by the MCDEM.
Subrecipient shall not remove or cease operation of the Equipment
from its pre-approved location without prior written authorization
from MCDEM. Any replacement of the Equipment shall be
coordinated through MCDEM and shall require MCDEM’s prior written
approval, and Subrecipient’s use of such replacement Equipment
shall be subject to the same transfer terms as set forth herein.
5. Subrecipient shall utilize a database inventory for the purpose of
tracking Subrecipient’s Equipment. Subrecipient shall enter and
update information and data related to the use and maintenance of
the Equipment as required by MCDEM, including information and data
regarding the Equipment’s location, operations, audits, inspections,
maintenance, calibration, repair, and replacement activities.
6. MCDEM and the Grantor shall have the right to access and inspect
the Equipment at Subrecipient’s location at any time as may be
deemed necessary by MCDEM and/or the Grantor. Such access and
inspection rights shall also include regularly scheduled monitoring
visits by MCDEM. Subrecipient shall cooperate with MCDEM in
coordinating all such monitoring visits. Maricopa County requires
that each fiscal year employees visually inspect any assets over
$5,000.00 per Maricopa County Capital Assets Policy A2507.
7. In the event that any activities in connection with the Equipment
require the services of a third-party vendor, the procurement of such
services shall be verified and approved by MCDEM in accordance with
County Procurement Code. In no event shall any expenses incurred in
FY2027 STC Subrecipient Agreement 10

connection with any activities of the Equipment (maintenance,
installation, removal, replacement or otherwise) be reimbursed with
Grant Funds if such activities are undertaken on any equipment other
than Equipment as so defined in this Agreement or if such activities
are undertaken without the prior written consent of MCDEM and in a
manner inconsistent with the provisions set forth in this Agreement.
8. The Equipment License may be terminated (a) upon Subrecipient’s
breach of any of the License terms set forth herein, (b) upon
Subrecipient’s breach of any terms of this Agreement or the terms of
the MOU, (c) upon Subrecipient’s withdrawal or termination of
participation from the STC Program, (d) or at any time at the sole
discretion of MCDEM upon thirty (30) days written notice. Within
thirty (30) days from the date the License is terminated, Subrecipient
shall return the licensed Equipment to the County at the County’s
designated location.
E. Source Materials
As part of the STC Program, MCDEM has or will obtain certain exempt
radiological materials for use in training and exercise activities (“Source
Materials”) related to the STC Implementation Program. These Source
Materials may be stored at various sites controlled by participating agencies
in the STC Program. If a site controlled by the Subrecipient is storing Source
Materials, Subrecipient agrees to comply with jurisdictional/agency risk
requirements, and State of Arizona Department of Health Services or other
applicable regulations regarding the handling, storage, and security of
Source Materials. MCDEM shall work cooperatively with Subrecipient to
execute any agreements or instruments necessary to allow for the proper
handling, storage, security and use of Source Materials at Subrecipient’s
site(s) in connection with the STC Program.
[THIS SECTION INTENTIONALLY LEFT BLANK]
FY2027 STC Subrecipient Agreement 11

III. PAYMENT
§301. Reimbursement of Grant Funds and Method of Payment
A. The MCDEM shall disburse to Subrecipient up to its total allocated Grant
Period amount of $187,102.00 to reimburse Subrecipient for personnel
expenses incurred in connection with STC Program training and exercise
activities as described in Section 202 above. Such Grant amount represents
the total reimbursement amount allocated to Subrecipient and approved by
MCDEM and the Grantor for Budget Period 5 The disbursement of such
funds shall be made on a reimbursement basis only and the distribution of
training and equipment is decided on by the Subrecipient’s leadership and
not by MCDEM Program Staff.
B. Subrecipient shall prepare, maintain, and provide to the County invoices
requesting payment as well as purchase orders, proof of delivery, proof of
payment and payroll records, timesheets, receipts, and any other supporting
documentation necessary to describe the expenditure of funds fully and
accurately for which reimbursement from Grant Funds is sought under this
Agreement as outlined in the STC Reimbursement Checklist. All such
supporting documentation shall satisfy applicable Federal, State and County
audit and review standards and requirements. Such documentation shall be
prepared at the sole expense and responsibility of the Subrecipient, and the
County will not reimburse the Subrecipient for any costs incurred for such
preparation. The County may request, in writing, changes to the content and
format of such documentation at any time, and the County reserves the right
to request additional supporting documentation to substantiate costs
incurred at any time.
C. Payment of final invoices shall be withheld by the County until MCDEM has
determined that Subrecipient has turned in all supporting documentation
and satisfied the requirements of this Agreement.
D. It is understood that the County makes no commitment to fund this
Agreement beyond the terms set forth herein. Funding for all Budget Periods
of this Agreement is subject to the continuing availability to the County of
federal funds for this program from the Grantor. The Agreement may be
terminated immediately by the County and with no liability or penalty to the
County upon written notice to Subrecipient of such loss or reduction of
Federal grant funds.
E. Final Reimbursement Requests packets for this Subaward must be
received by the County no later than thirty (30) days prior to the end of the
Term to allow the County sufficient time to complete close-out activities
for this Subaward (the “Reimbursement Deadline”). Any Reimbursement
FY2027 STC Subrecipient Agreement 12

Request submitted after the Reimbursement Deadline shall be rejected
unless approved by MCDEM in advance of the Reimbursement Deadline.
F. Subrecipient must stay in compliant with Maricopa County single audit
requirements. The Subrecipient shall promptly notify MCDEM of any
identified deficiencies, findings, or areas of noncompliance requiring
corrective action, including a description of the corrective actions taken or
proposed, responsible parties and the anticipated timeline for resolution.
G. Subrecipients are required to notify the MCDEM of their anticipated training
plans to spend their remaining budget by Monday, March 1, 2027. Excess
and unplanned funding may be reallocated to other STC Subrecipient based
on their Fully Operational Capability (FOC) goals or to address shifting
operational needs. Funding reallocations will not negatively impact future
Subrecipient budgets, as the priority will remain to provide the STC
Subrecipients with appropriate funding to achieve their FOC training goals.
[THIS SECTION INTENTIONALLY LEFT BLANK]
FY2027 STC Subrecipient Agreement 13

IV. STANDARD PROVISIONS
§401 Construction of Provisions and Titles Herein
All titles, subtitles, or headings in this Agreement have been inserted for
convenience and shall not be deemed to affect the meaning or construction of any
of the terms or provisions hereof. The language of this Agreement shall be
construed according to its fair meaning and not strictly for or against either Party.
§402. Applicable Law, Interpretation and Enforcement
Each Party's performance hereunder shall comply with all applicable laws of the
United States of America, the State of Arizona, the Maricopa County, including but
not limited to, laws regarding health and safety, labor and employment, wage and
hours and licensing laws which affect employees. This Agreement shall be
enforced and interpreted under the laws of the State of Arizona without regard to
conflict of law principles. Subrecipient shall comply with new, amended, or revised
laws, regulations, and/or procedures that apply to the performance of this
Agreement.
In any action arising out of this Agreement, Subrecipient consents to personal
jurisdiction, and agrees to bring all such actions, exclusively in state and federal
courts located in Maricopa County, Arizona.
If any part, term, or provision of this Agreement shall be held void, illegal,
unenforceable, or in conflict with any law of a federal, state, or local government
having jurisdiction over this Agreement, the validity of the remaining parts, terms or
provisions of this Agreement shall not be affected thereby.
§403. Integrated Agreement
This Agreement and the MOU/IGA together with the Grant and all federal rules,
regulations and requirements applicable to the Grant, sets forth all of the rights and
duties of the parties with respect to the subject matter hereof, and replaces any
and all previous agreements or understandings, whether written or oral, relating
thereto. This Agreement may be amended only as provided for herein.
§404. Excusable Delays
In the event that performance on the part of any Party hereto shall be delayed or
suspended as a result of circumstances beyond the reasonable control and without
the fault and negligence of said Party, none of the Parties shall incur any liability to
the other Parties as a result of such delay or suspension. Circumstances deemed
to be beyond the control of the parties hereunder shall include, but not be limited
to, acts of God or of the public enemy; insurrection; acts of the Federal Government
FY2027 STC Subrecipient Agreement 14

or any unit of State or Local Government in either sovereign or contractual capacity;
fires; floods; epidemics; quarantine restrictions; strikes, freight embargoes or
delays in transportation; to the extent that they are not caused by the Party's willful
or negligent acts or omissions and to the extent that they are beyond the party's
reasonable control.
§405. Breach
If any Party fails to perform, in whole or in part, any promise, covenant, or agreement
set forth herein, or should any representation made by it be untrue, any aggrieved
Party may avail itself of all rights and remedies, at law or equity, in the courts of
law. Said rights and remedies are cumulative of those provided for herein except
that in no event shall any Party recover more than once, suffer a penalty or forfeiture,
or be unjustly compensated.
§406. Prohibition Against Assignment or Delegation
Subrecipient may not, unless it has first obtained the written permission of the
County:
A. Assign or otherwise alienate any of its rights hereunder, including the right to
payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder.
§407. Subcontractor Assurances
Subrecipient shall contractually obligate all of its contractors, subcontractors and
vendors funded by Subaward funds as may be required to ensure that Subrecipient
can comply with all of the requirements and other provisions of this Agreement.
§408. Remedies for Noncompliance
Subrecipient acknowledges and agrees that, in the event Subrecipient fails to
comply with the terms and conditions of this Agreement, the Federal awarding
agency or the County shall have the right to take one or more of the actions set forth
in 2 CFR §200.339.
Subrecipient shall be granted the opportunity to object to and challenge the taking
of any remedial action by the Federal awarding agency or the County in accordance
with the provisions set forth in 2 CFR §200.341.
§409. Termination
Any obligation to disburse to or reimburse Subrecipient in connection thereto, may
be terminated in whole or in part by the Federal awarding agency or the County as
FY2027 STC Subrecipient Agreement 15

set forth in 2 CFR §200.340. Subrecipient shall have the right to terminate the
Subaward only as set forth in 2 CFR §200.340. In the event the Subaward is
terminated, all obligations and requirements of this Agreement and the Grant shall
survive and continue in full force and effect in connection with any portion of the
Subaward remaining prior to such termination, including, without limitation, the
closeout and post closeout requirements set forth in this Agreement.
A. Termination for Convenience
County may terminate this Contract for County’s convenience at any time
by providing Subrecipient thirty (30) days written notice. Upon receipt of
the notice of termination, Subrecipient shall immediately act not to incur
any additional obligations, costs, or expenses, except as may be
necessary to terminate its activities. County shall pay Subrecipient its
reasonable and allowable costs through the effective date of termination
and those reasonable and necessary costs incurred by Subrecipient to
effect the termination. Thereafter, Subrecipient shall have no further
claims against the County under this Contract.
B. Termination for Cause
1. If Subrecipient fails to perform any of the provisions of this
Agreement or so fails to make progress as to endanger timely
performance of this Agreement, County may give Subrecipient written
notice of the default. County’s default notice will indicate whether the
default may be cured and the time period to cure the default to the
sole satisfaction of County. Additionally, County’s default notice may
offer Subrecipient an opportunity to provide County with a plan to
cure the default, which shall be submitted to County within the time
period allowed by County. At County’s sole discretion, County may
accept or reject Subrecipient’s plan. If the default cannot be cured or
if Subrecipient fails to cure within the period allowed by County, then
County may terminate this Agreement due to Subrecipient’s breach
of this Agreement.
2. If a federal or state proceeding for relief of debtors is undertaken by
or against Subrecipient, or if Subrecipient makes an assignment for
the benefit of creditors, then County may immediately terminate this
Contract.
3. If Subrecipient engages in any dishonest conduct related to the
performance or administration of this Contract or violates County’s
laws, regulations or policies relating to lobbying, then County may
immediately terminate this Contract.
4. The rights and remedies of County provided in this section shall not
FY2027 STC Subrecipient Agreement 16

be exclusive and are in addition to any other rights and remedies
provided by law, equity or under this Contract.
5. This Agreement is subject to cancelation pursuant to A.R.S. § 38-511.
C. In the event that this Contract is terminated, Subrecipient shall
immediately notify all employees and Subcontractors, and shall notify in
writing all other parties contracted with under the terms of this Contract
within five working days of the termination.
§410. Permits
Subrecipient and its directors, officers, agents, employees, and
contractors/subcontractors, to the extent allowed hereunder, shall obtain, and
maintain all licenses, permits, certifications and other documents necessary for
Subrecipient's performance hereunder and shall pay any fees required therefor.
Subrecipient shall immediately notify the County of any suspension, termination,
lapses, non-renewals, or restrictions of licenses, permits, certificates, or other
documents.
§411. Nondiscrimination and Affirmative Action
Subrecipient shall comply with the applicable nondiscrimination and affirmative
action provisions of the laws of the United States of America, the State of Arizona,
and the County of Maricopa. In performing this Agreement, the Subrecipient shall
not discriminate in its employment practices against any employee or applicant for
employment because of such person's race, religion, national origin, ancestry, sex,
sexual orientation, age, physical disability, mental disability, marital status,
domestic partner status, or medical condition. The Subrecipient shall comply with
Executive Order 11246, entitled “Equal Employment Opportunity”, as amended by
Executive Order 11375, and as supplemented in Department of Labor regulations
(41 CFR Part 60). Any subcontract entered into by the Subrecipient relating to this
Agreement, to the extent allowed hereunder, shall be subject to the provisions of
this paragraph.
§412. Indemnification
To the extent permitted by law, the Subrecipient, as indemnitor, agrees to
indemnify, defend, and hold harmless Maricopa County, as indemnitee, from and
against any and all claims, losses, liability, costs, or expenses of any nature
whatsoever (including reasonable attorney’s fees) (hereinafter collectively referred
to as “claims”) to the extent that such claims are caused by the act, omission,
negligence, misconduct, or other fault of the Subrecipient and its officers, officials,
agents, employees, or volunteers related to the performance of this Agreement.
FY2027 STC Subrecipient Agreement 17

§413. Conflict of Interest
A. Subrecipient shall establish safeguards to prohibit employees from using
their positions for a purpose that constitutes, or presents the appearance of,
personal or organizational conflict of interest, or personal gain for
themselves or others, particularly those with whom they have family,
business, or other ties. Subrecipient covenants that none of its directors,
officers, employees, or agents shall participate in selecting, or administrating
any subcontract supported (in whole or in part) by Federal funds where such
person is a director, officer, employee or agent of the subcontractor; or where
the selection of subcontractors is or has the appearance of being motivated
by a desire for personal gain for themselves or others such as family
business, etc.; or where such person knows or should have known that:
1. A member of such person's immediate family, or domestic partner or
organization has a financial interest in the subcontract.
2. The subcontractor is someone with whom such person has or is
negotiating any prospective employment; or
3. The participation of such person would be prohibited if such person
were a public officer, because such person would have a "financial or
other interest" in the subcontract.
§414. Restriction on Disclosures and Confidentiality
Subrecipient shall keep all information exchanged or provided through the STC Program
strictly confidential, including any confidential, proprietary, or non- public information,
including sensitive security information (as defined by 49 CFR Part 1520). Subrecipient
shall discuss with County in good faith whether it is necessary or desirable to disclose
any particular information, and if so, to whom. In the event Subrecipient receives a request
from a third party for information provided to them as part of the STC Program,
Subrecipient shall afford the County and the other participants of the STC Program an
opportunity to seek an appropriate protective order. Each Subrecipient shall:
a. Keep all information that is exchanged between the Participants in the strictest
confidence and make such information available to their own employees only on a
"need-to-know" basis.
b. Provide written instructions to all of its employees with access to information
provided under the STC Program of the confidential nature of the information and
of the penalties for unauthorized use or disclosure.
c. Where appropriate store and process information in an electronic format in such a
way that unauthorized persons cannot reasonably retrieve the information by
computer, remote terminal, or other means.
d. Promptly return to the other party confidential information when its use ends or
destroy the confidential information utilizing an approved method of destroying
FY2027 STC Subrecipient Agreement 18

confidential information by shredding, burning, or certified witnessed destruction.
Magnetic media are to be degaussed or returned to the County.
e. Not disclose said information to any third-party entity or individual without the
express prior written consent of the County and the Grantor, or by order of a court
of competent jurisdiction after affording the County and the other participants of
the STC Program an opportunity to seek such order.
f. Designate an employee who shall be responsible for overall security and
confidentiality of its data and information systems and each Subrecipient shall
notify the other of any changes in that designation.
§415. Publications and Use of Grantor Markings
All publications created or published with funding under this Grant shall
prominently contain the following statement: "This document was prepared under a
grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland
Security. Points of view or opinions expressed in this document are those of the
authors and do not necessarily represent the official position or policies of FEMA's
Grant Programs Directorate or the U.S. Department of Homeland Security."
Subrecipient shall comply with requirements to acknowledge Federal funding when
issuing statements, press releases, requests for proposals, bid invitations, and
other documents describing projects or programs funded in whole or in part by
Grant Funds.
Subrecipient shall obtain Grantor approval prior to using Grantor seal(s), logos,
crests or reproductions of flags or likenesses of Grantor agency officials, including
the use of the United States Coast Guard seal, logo, crests or reproductions of flags
or likenesses of Coast Guard officials.
§416. Compliance with Applicable Regulations and Statutes
Subrecipient shall comply with all terms and conditions set forth in this Agreement,
which includes all guidance, regulations and requirements of the Federal awarding
agency that are applicable to a recipient and/or subrecipient of a Federal award or
grant. Such requirements are set forth in the following documents and incorporated
herein by this reference: (1) Department of Homeland Security FY 2025 Homeland
Security Grant Program Notice of Funding Opportunity (“DHS NOFO”), (2) FY 2025
DHS Standard Terms and Conditions (“DHS Standard Conditions”), the Cooperative
Agreement Terms and Conditions (FY 2020) and any Continuation Terms and
Conditions issued by the DHS Grants and Financial Assistance Division in
connection with the Grant (collectively attached hereto as Exhibit E), and (3) the
cost principles, uniform administrative requirements and audit requirements for
federal grant programs as housed in Title 2, Part 200 of the CFR and in updates
issued by the Office of Management and Budget (“OMB”) on
http:///www.whitehouse.gov/omb/.
These requirements also include, without limitation, the following:
FY2027 STC Subrecipient Agreement 19

A. USA Patriot Act of 2001
Subrecipient shall comply with the applicable requirements of the Uniting and
Strengthening America by Providing Appropriate Tools Required to Intercept
and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C.
§§175-175c, which, among other things, prescribes criminal penalties for
possession of any biological agent, toxin or delivery system not justified
under the regulations and which establishes restrictions on access to
specified materials.
B. Drug-Free Workplace Requirements
Subrecipient shall comply with applicable requirements related to
maintaining a drug-free workplace, including the Drug-Free Workplace Act of
1988 (41 U.S.C. §701 et seq.), codified in 2 CFR 3001. Subrecipient shall
execute and submit to the County concurrent with the execution of this
Agreement the Certification Regarding Drug Free Workplace Requirements.
Subrecipient shall also notify the County if an employee of the Subrecipient
is convicted of violating a criminal drug statute. Failure to comply with these
requirements may be cause for debarment.
C. Suspension and Debarment Requirements
Subrecipient shall comply with the applicable requirements set forth in
Executive Orders 12549 and 12689, which provides protection against waste,
fraud, and abuse by debarring or suspending those persons deemed
irresponsible in their dealings with the Federal government.
D. Requirements of Collection and Use of Personally Identifiable Information
Subrecipient shall comply with applicable Grantor guidelines regarding the
handling of Personally Identifiable Information (PII), as required by OMB M-
07-16 and as set forth in DHS Handbook for Safeguarding Sensitive PII, which
can be found at
https://www.dhs.gov/sites/default/files/publications/Handbook%20for%2
0S afeguarding%20Sensitive%20PII_0.pdf. In collecting PII, Subrecipient
shall have a publicly available privacy policy that describes what PII it
collects, how it plans to use the PII, whether it shares PII with third parties,
and how individuals may have their PII corrected where appropriate.
Subrecipient may find DHS Privacy Impact Assessments, guidance and
templates online at
http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_guidance_june201
0.pdf and at
http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_template.pdf,
respectively.
FY2027 STC Subrecipient Agreement 20

E. Terrorist Financing Prohibition
Subrecipient shall comply with all Executive Orders and other requirements
which prohibit transactions with, and the provision of resources and support
to, individuals and organizations associated with terrorism. These
requirements include, without limitation, EO 13224.
F. Inventions, Patents, Copyrights and Data Rights Requirements
1. When copyrightable material (“Material”) is first produced or
developed as part of a project funded by Grant Funds, the Grantor, at
its discretion, may copyright the Material. If the Grantor declines to
copyright the Material, the Grantor and the County shall have an
unencumbered right, and a non-exclusive, irrevocable, royalty-free
license, to reproduce, display, publish, disseminate, perform, prepare
derivative works or otherwise use, and authorize others to use, for all
government purposes: (a) any Material so produced or developed and
(b) any rights of copyright to which Subrecipient purchases
ownership with Grant Funds. Subrecipient shall affix the applicable
copyright notices of 17 U.S.C. §401 or §402 and an
acknowledgement of government sponsorship (including Grant
award number) to any Material first produced or developed under this
Grant. All publications produced with funding from Grant Funds
which are submitted for publication in any magazine, journal, or trade
papers shall carry statements of acknowledgment and disclaimers as
required by the Grantor under the Grant requirements.
2. The Grantor shall have unlimited rights or copyright license to any
data first produced or delivered under this Agreement or to any
scientific, technical, or other copyright work based on or containing
data first produced under this Agreement, including those works
published in academic, technical, or professional journals, symposia
proceedings, or similar works. “Unlimited rights” means the right to
use, disclose, reproduce, prepare derivative works, distribute copies
to the public, and perform and display publicly, or permit others to do
so. Where the data are not first produced under this Agreement or are
published copyrighted data with the notice of 17 U.S.C. Section 401
or 402, the Grantor acquires the data under a copyright license as set
forth in 48 CFR 27.404(a) instead of unlimited rights.
FY2027 STC Subrecipient Agreement 21

V. MISCELLANEOUS
§501. Amendments
Any change in the terms of this Agreement, including changes in the services to be
performed by Subrecipient, and any increase or decrease in the amount of
compensation/allocation which are agreed to by the County and Subrecipient shall
be incorporated into this Agreement by a written amendment properly executed
and signed by the person authorized to bind the parties thereto.
Subrecipient agrees to comply with all future County directives, or any rules,
amendments or requirements promulgated by the County affecting this Agreement.
§502. Counterparts
This Agreement may be executed in two or more counterparts, each of which shall
be deemed an original but all of which together shall constitute one and the same
instrument. Electronic signatures shall have the same force and effect as original
signatures.
FY2027 STC Subrecipient Agreement 22

IN WITNESS WHEREOF, the County and Subrecipient have caused this Agreement to
be executed by their duly authorized representatives.
MARICOPA COUNTY: Maricopa County Sheriff's Office (MCSO):
By: ______________________________ By: ______________________________
Chair, Board of Supervisors [Name, Title]
Date: ____________________________
Date: ____________________________
ATTEST: ATTEST:
Clerk of the Board Maricopa County Sheriff's Office (MCSO)
Clerk
By: ______________________________
Juanita Garza By: ______________________________
Date: ____________________________
Date: ____________________________
Approved as to Form: Maricopa County Sheriff's Office (MCSO)
Legal
By: ______________________________
Deputy County Attorney
By: ______________________________
Date: ____________________________
Date: ____________________________
FY2027 STC Subrecipient Agreement 23