MARICOPA 2025 EMPG AGREEMENT.PDF

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EMF-2025-EP-05007  
 
 SUBRECIPIENT AGREEMENT BETWEEN 
 
Maricopa County 2025 
UEI# F72HENC9LC98 
AND 
 
The Arizona Department of Emergency and Military Affairs 
FOR  
 
The Emergency Management Performance Grant - EMF-2025-EP-05007   
WHEREAS, A.R.S. § 26-305 – 306 charges the Arizona Department of Emergency and Military Affairs 
(DEMA) with the responsibility of administering funds.  
 
THEREFORE, it is agreed that DEMA shall provide funding to Maricopa County (“Subrecipient”) 
under Assistance Listings # 97.042 under the terms of this Subrecipient Agreement. 
 
1. PURPOSE OF AGREEMENT - The purpose of this Agreement is to specify the rights and 
responsibilities of DEMA in administering the distribution of Emergency Management Performance 
Grant (EMPG) funds to Subrecipient, and to specify the rights and responsibilities of Subrecipient as 
the recipient of these funds.  
 
2. TERM OF AGREEMENT, TERMINATION AND AMENDMENTS - This Agreement shall 
become effective on July 1, 2025, and shall terminate on June 30, 2026. The rights and 
responsibilities of DEMA and Subrecipient as described herein will survive termination of this 
agreement. 
 
3. DESCRIPTION OF SERVICES, SUPPLIES AND EQUIPMENT - Subrecipient shall use the 
funds provided under this Agreement solely for the purposes for which these funds have been 
provided, as documented by the Subrecipient’s grant application as approved by DEMA, a copy of 
which is available in the EM Grants Manager system.  
a. The FY 2025 EMPG covers eligible costs from July 1, 2025 - June 30, 2026 (the “Agreement 
Period”). The funds awarded in the grant agreement shall only be used to cover allowable 
costs that are incurred during the Agreement Period.  Allowable costs are defined in the FY 
2025 EMPG Notice of Funding Opportunity (EMPG NOFO), the AZDEMA EMPG Local 
Programmatic Guidance, and by this Agreement. 
b. All EMPG funded personnel must complete training requirements for the National Incident 
Management System (NIMS) as stated in the EMPG NOFO, and Subrecipient must provide 
DEMA with written proof of completion for each individual as soon as that individual’s 
training is completed. All EMPG funded personnel must also participate in no less than three 
emergency management focused exercises run by either Subrecipient or DEMA during the 
Agreement Period. 
c. Finance & Administration - Subrecipient shall provide DEMA with complete documentation 
of all expenditures of funds provided under this Agreement as soon as such documentation 
becomes available to Subrecipient. Subrecipient shall provide all necessary financial and 
managerial resources to meet the terms and conditions of receiving funds under this 
Agreement.  DEMA does not manage or take responsibility for the Subrecipient’s projects,

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EMF-2025-EP-05007  
 
and monitors projects (with regard to program eligibility and other requirements) only to 
protect the State's interests. 
i. The FY 2025 EMPG program has a 50% cost match (cash or in-kind) requirement, 
pursuant to sections 611(j) and 613(a) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act, (Pub. L. No. 93-288), as amended, (42 U.S.C. § 5121 et 
seq.). Federal funds cannot exceed 50% of eligible costs. Unless otherwise authorized 
by law, federal funds cannot be matched with other federal funds.  All funds received 
by Subrecipient through DEMA under this Agreement are agreed to be federal 
matching funds; Subrecipient shall be solely responsible for providing the other 50% 
(cash or in-kind) in order to obtain these federal matching funds.  
ii. The Federal Emergency Management Agency (FEMA) administers cost matching 
requirements in accordance with 2 C.F.R. § 200.306, and Subrecipient contributions 
must meet the standards of 2 C.F.R. § 200.306 and all other applicable federal law. 
 
4. MANNER OF FINANCING - DEMA shall:  
a. Provide the Subrecipient with 50% of the costs expended for approved services, supplies and 
equipment identified in the approved application, up to $1,145,936.40.  Subrecipient will use 
the funds provided by DEMA and the matching contribution made by the Subrecipient to 
acquire the services, supplies and equipment identified in part III of this Agreement. 
b. Payment made by DEMA to Subrecipient shall be on a reimbursement basis only and is 
conditioned upon receipt of proof of payment or other form of contribution, consisting of 
applicable, accurate and complete documentation, as determined by DEMA in its sole 
discretion. A list of acceptable documentation is in the Arizona Local Programmatic 
Guidance.  
 
5. FISCAL RESPONSBILITY - For any funds received under this Agreement for which expenditure 
is disallowed by an audit exemption or otherwise by DEMA, the State, or Federal government, 
Subrecipient shall reimburse said funds to DEMA immediately.  
 
6. FINANCIAL AUDIT/PROGRAMMATIC MONITORING - Subrecipient shall comply with 
A.R.S. § 35-214 and § 35-215. 
a. Pursuant to 2 C.F.R. § 200.501, if Subrecipient expends $1,000,000 or more from all federal 
funding sources during the fiscal year, Subrecipient shall submit an organization-wide 
financial and compliance audit report per Subpart F of 2 C.F.R. Part 200. Failure to comply 
with any requirements imposed as a result of an audit will suspend the release of federal 
funds by DEMA to Subrecipient until Subrecipient has met all such requirements. 
b. Subrecipient will be monitored periodically by DEMA, 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 may involve aspects of the work involved under this Agreement including 
but not limited to the review and analysis of financial, programmatic, equipment, 
performance, and administrative issues relative to each program, and may identify areas 
where technical assistance and other support may be needed. Subrecipient shall participate in 
and cooperate with all such monitoring by DEMA, and shall provide access to all personnel, 
documents, and other records as may be requested from time to time by DEMA. Subrecipient 
also shall comply with all requests of DEMA that DEMA deems necessary to ensure the 
Subrecipient’s compliance with their obligations under this Agreement, including but not 
limited to circumstances in which DEMA is required or requested to provide information or

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EMF-2025-EP-05007  
 
records to FEMA or to any state or federal auditor; in such event, Subrecipient shall 
cooperate with DEMA and shall provide DEMA with all information and records necessary 
for DEMA to comply with any such request or requirement. 
 
7. APPLICABLE FEDERAL REGULATIONS - Subrecipient must comply with all applicable 
Arizona and Federal law, whether or not specifically cited or referenced in this Agreement, and 
including but not limited to, as applicable, (1) 2 C.F.R. § 200.0 through § 200.346 (general provisions 
and requirements); (2) § 200.400 through § 200.476 (cost principles); (3) § 200.500 through § 
200.521 (audit requirements); (4) the Appendices to 2 C.F.R. Part 200; and (5) 2 C.F.R. § 3002.10. 
 
8. OTHER APPLICABLE REQUIRED STANDARDS - In addition to complying with all applicable 
Federal and Arizona statutes and regulations, Subrecipient shall: 
a. Comply with the EMPG NOFO; 
b. Utilize equipment that appears on the U.S. Department of Homeland Security Authorized 
Equipment List.1 
c. Prepare, retain, and be prepared to produce for examination by DEMA and/or FEMA, all 
records of all activities relating to this Agreement, to the extent necessary to comply with the 
requirements set forth in Subpart F-Audit Requirements, 2 CFR Chapter II, Audits of States, 
Local Governments, and Non-Profit Organizations 
d. Comply with National Incident Management System (NIMS) Implementation initiatives as 
outlined in the EMPG NOFO; 
e. 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 but not limited to: the National Environmental 
Policy Act (NEPA; 42 U.S.C. § 4321 through § 4347); the  National Historic Preservation 
Act (NHPA; 54 U.S.C. § 300101 through § 304112, and § 305501 through § 307108); the 
Endangered Species Act (ESA; 7 U.S.C. § 136; and 16 U.S.C. § 1531 through § 1544), and 
Executive Orders on Floodplains (11988). Wetlands (11990) and Environmental Justice for 
Low Income & Minority Populations (12898) Subrecipient shall not undertake any project 
having the potential to impact EHP resources without express prior written approval obtained 
through DEMA.  
i. Subrecipient must comply with all conditions placed on the project as the result of 
the EHP review.  Subrecipient must complete the EHP Assessment Questionnaire 
form and provide the supporting documentation to include diagrams and photos.  The 
EMPG Program Coordinator will review the documents and forward to the FEMA-
Environmental Office. Any subsequent change to the project scope of work will 
require re-evaluation for compliance with these EHP requirements. If ground-
disturbing activities occur during project implementation, Subrecipient must ensure 
monitoring of ground disturbance and if any potential archeological resources are 
discovered, Subrecipient must immediately cease construction in that area and notify 
DEMA and the appropriate State Historic Preservation Office. Procurement and 
construction activities shall not be initiated prior to the full EHP review being 
completed by FEMA Office of Environmental and Historic Preservation. 
 
 
1 https://www.fema.gov/authorized-equipment-list, https://www.whitehouse.gov/omb/information-for-
agencies/circulars/#numerical,  
https://www.fema.gov/executive-order-11988-floodplain-management.

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EMF-2025-EP-05007  
 
9. 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 and 
must be obtained in compliance with the procurement rules applicable under Arizona law to the 
Subrecipient and 2 C.F.R. § 200.317 through § 200.327. 
 
10. CONTRACTORS/SUBCONTRACTORS - Subrecipient may enter into written subcontract(s) for 
performance of certain of its functions under this Agreement in accordance with terms established 
under Arizona and Federal law. Subrecipient agrees and understands that no subcontract that 
Subrecipient enters into with respect to performance under this Agreement shall in any way relieve 
Subrecipient of any responsibilities for performance of its duties. Subrecipient shall give DEMA 
immediate notice in writing by certified mail of any action or suit filed and prompt notice of any 
claim made against Subrecipient by any subcontractor or vendor with respect to any work on any 
project funded in whole or in part under this Agreement. 
 
11. 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 Subrecipient; and will be reimbursed at the most restrictive allowability and 
rates. At no time will Subrecipient’s reimbursement(s) exceed the State rate established by the 
Arizona Department of Administration in the SAAM. 
 
12. PROCUREMENT - Subrecipient shall comply with all its own procurement rules/policies, all 
Federal procurement rules/policies (including but not limited to those outlined in this section VII of 
this Agreement), and all Arizona State procurement code provisions and rules. The intent is that all 
procurement contracts be awarded competitively, and the Subrecipient shall not enter into any 
noncompetitive (sole or single source) procurement unless express prior written approval is granted 
by DEMA. 
 
13. TRAINING AND EXERCISE - Subrecipient agrees that any grant funds used for training and 
exercise must comply with the EMPG NOFO. All training must be approved through the 
DEMA/Arizona Department of Homeland Security 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 further 
agrees to: 
a. Submit the HSEEP Toolkit Exercise Summary to DEMA with all Exercise Reimbursement 
Requests within 90 days of completion of the exercise in question; 
b. Post all exercises, documentation and After-Action Reports/Improvement Plans (AAR/IP) via 
the HSEEP Toolkit within 90 days of completion of the exercise in question; and 
c. Within 90 days of completion of an exercise, or as prescribed by the most recent HSEEP 
guidance, the Subrecipient shall email the AAR/IP into the HSEEP Inbox 
(HSEEP@fema.dhs.gov), upload a copy of the AAR/IP to EM Grants  Manager and the  
DEMA Exercise Officer at exercises@azdema.gov. 
 
14. NONSUPPLANTING AGREEMENT - Subrecipient shall not use funds obtained under this 
Agreement to supplant State or Local funds or other resources that would otherwise have been made 
available for any program/project funded in whole or in part under this Agreement. Further, if a 
position created by this grant is filled from within, the vacancy created by this action must be filled

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within 30 days. If the vacancy is not filled within 30 days, Subrecipient must stop charging this grant 
for the new position. Upon filling the vacancy, Subrecipient may resume charging for the grant 
position. 
 
15. COMPLIANCE WITH STATE AND FEDERAL LAWS REGARDING IMMIGRATION- 
Subrecipient warrants its compliance with: 
a. All State and Federal immigration laws and regulations relating to its employees and to 
employees of any contractor or subcontractor retained through Subrecipient to provide goods 
or services related to this Agreement, including but not limited to A.R.S. § 23-214 and § 41- 
4401. 
b. A breach of a warranty by Subrecipient regarding compliance with State or Federal 
immigration laws or any other relevant regulations shall be deemed a material breach of this 
Agreement and Subrecipient may result in action by DEMA up to and including termination 
of this Agreement. 
c. DEMA reserves the right to inspect the papers of any Subrecipient employee who works on 
the Agreement, and those of any employee of any contractor or subcontractor retained 
through Subrecipient to provide goods or services related to this Agreement, to ensure that 
Subrecipient is complying with the warranty under paragraph (a) above. 
 
16. PROPERTY CONTROL - Effective control and accountability must be maintained by Subrecipient 
for all equipment and supplies acquired by Subrecipient under this Agreement. Subrecipient must 
adequately safeguard all such property and must assure that it is used for authorized purposes as 
described in the EMPG NOFO, the grant application as approved, and any applicable federal 
regulations. Subrecipient shall exercise caution in the use, maintenance, protection and preservation 
of such property. 
a. Equipment acquired by Subrecipient with funds obtained in whole or in part under this 
Agreement shall be used by Subrecipient in the program or project for which it was acquired  
as long as needed, whether the program or project continues to be supported by funds 
obtained in whole or in part under this Agreement. Theft, destruction, or loss of such property 
shall be reported to 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 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 
$10,000 (Ten 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 $10,000 at the end of life or 
required project activities is discontinued, Subrecipient must request and receive 
authorization from DEMA prior to disposition. Disposition: Equipment with a current fair 
market value of $10,000 or less (per unit) may be retained, sold, or otherwise disposed of 
with no further responsibility to the Federal agency or pass-through entity. 
d. A Property Control Form 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. 
Subrecipient shall provide DEMA a copy of the Property Control Form at the end of period 
of performance or no more than 90 calendar days after the end of the Agreement. The 
Property Control Form shall be updated and a copy provided to DEMA no more than 45 
calendar days after equipment disposition. Subrecipient agrees to be subject to equipment 
monitoring and auditing by state or federal authorized representatives to verify information.

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e. 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 two years. 
 
17. DEBARMENT CERTIFICATION - 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”2.  
 
18. FUNDS MANAGEMENT - Subrecipient must maintain funds received under this Agreement in a 
separate account and cannot mix these funds with funds from other sources. Subrecipient must 
manage funds according to applicable Federal regulations for administrative requirements, costs 
principles, and audits (2 CFR § 200.302). Subrecipient must maintain adequate business systems to 
comply with Federal requirements. 
 
19. REPORTING REQUIREMENTS - Regular reports by Subrecipient shall include: 
a. Programmatic Reports - Subrecipient shall provide quarterly programmatic reports to DEMA 
within 30 working days of the last day of the quarter in which services are provided. So that 
the report contains such information as deemed necessary by DEMA, Subrecipient shall use 
the EM Grants Manager system reporting tool.  
b.  
i. If a 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 must be marked as 
“final.” Quarterly programmatic reports shall be submitted to DEMA through the EM 
Grants Manager system until the entire scope of the Grant is completed. 
ii. Upon request of DEMA, Subrecipient must provide DEMA any information 
necessary to meet any state or federal reporting requirements. 
iii. Quarterly Programmatic reports are due:  
      
Quarter 
Period 
Due 
1 
July 1 – September 30 
October 30 
2 
October 1 – December 31 
January 30 
3 
January 1- March 31 
April 30 
4 
April 1 – June 30 
July 30 
 
c. Financial Reimbursements - Subrecipient shall provide DEMA with quarterly requests for 
reimbursement.  Requests for reimbursements shall be submitted with the Reimbursement 
Form provided in the EM Grants Manager system. 
i. Subrecipient shall submit to DEMA a final request for reimbursement for expenses 
received and invoiced prior to the end of the termination of this Agreement no more 
than 90 calendar days after the completion of all work funded in whole or in part by 
the Agreement. Requests for reimbursement received by DEMA later than the 90 
 
2 https://www.dhs.gov/sites/default/files/2023-12/2023_1130_dhs_standard_terms_and_conditions_fy24.pdf

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days will not be paid. The final reimbursement request as submitted shall be marked 
“final” by Subrecipient. 
ii. DEMA requires that all requests for reimbursement be submitted via the EM Grants 
Manager system.  
iii. DEMA reserves the right to request and/or require any supporting documentation 
and/or information DEMA believes necessary in order to process requests for 
reimbursements.  Subrecipient shall promptly provide DEMA with all such 
documents and/or information. 
iv. Quarterly Financial Expenditure reports are due:  
Quarter 
Period 
Due 
1 
July 1 – Sept 30 
October 30 
2 
Oct 1 – Dec 31 
January 30 
3 
Jan 1 – Mar 31 
April 30 
4 
Apr 1 – June 30 
Sept 30 
v. All reports shall be submitted by Subrecipient through the EM Grants Manager 
system as described in Part 46, NOTICES, of this agreement.  
d. The Subrecipient has until December 31 of the following state fiscal year to submit all 
requisite reimbursement documentation (inclusive of Single Audit Compliance Certification 
from the Federal Audit Clearinghouse). If Subrecipient fails to meet this condition, DEMA 
reserves the right to reallocate any remaining funds awarded to the Subrecipient per this 
Agreement. 
20. ASSIGNMENT AND DELEGATION - Subrecipient may not assign any rights hereunder without 
the express, prior written agreement of both parties. 
 
21. 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 representatives of Subrecipient and DEMA. 
a. Any such amendment shall specify: 
i. An effective date; 
ii. Increases or decreases in the amount of Subrecipient’s compensation if applicable; 
iii. Be titled as an “Amendment;” 
iv. 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.

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22. AGREEMENT RENEWAL - This Agreement shall not bind nor purport to bind DEMA for any 
contractual commitment in excess of the original Agreement period, which may not be changed 
except by a writing signed by all parties hereto in conformity with Paragraph 21, AMENDMENTS. 
 
23. RIGHT TO ASSURANCE - If DEMA in good faith has reason to believe that Subrecipient does not 
intend to or is unable to perform or continue performing under this Agreement, DEMA may demand 
in writing that Subrecipient give a written assurance of intent and ability to perform. If Subrecipient 
fails to provide written assurance within the number of days specified in the demand, DEMA at its 
option may terminate this Agreement. 
 
24. CANCELLATION FOR CONFLICT OF INTEREST - DEMA may, by written notice to 
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 DEMA, unless the notice specifies a 
later time. 
 
25. THIRD PARTY ANTITRUST VIOLATIONS - Subrecipient hereby assigns to the State of 
Arizona any claim for overcharges resulting from antitrust violations to the extent that such violations 
concern materials or services supplied by third parties to Subrecipient toward fulfillment of this 
Agreement. 
 
26. AVAILABILITY OF FUNDS - Every payment obligation of DEMA under this Agreement is 
conditioned upon the availability of funds appropriated or allocated for the payment of such 
obligations under A.R.S. § 35-154. If the funds are not allocated and available for the continuance of 
this Agreement, DEMA may terminate this Agreement at the end of the period for which funds are 
available. No liability shall accrue to DEMA in the event this provision is exercised, and DEMA shall 
not be obligated or liable for any future payments or for any damages as a result of termination under 
this part 18, including purchases and/or contracts entered into by Subrecipient in the execution of this 
Agreement. 
 
27. 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. 
 
28. 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. 
 
29. ARBITRATION - In the event of any dispute arising under this Agreement, written notice of the 
dispute must be provided to the other party within 30 calendar days of the events giving the rise to the 
dispute. Any claim made by or against the State or any of its political subdivisions (including but not 
limited to DEMA) relating to this Agreement shall be resolved through the administrative claims 
process.  In the event A.R.S. § 12-1518 applies, the parties shall proceed with arbitration as provided

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in that statute.  The parties agree that proper venue for any litigation shall be in Maricopa County, 
Arizona. 
 
30. 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 accepting 
or acquiescing in the nonconforming performance knows of the nature of the performance 
and fails to object. 
 
31. ENTIRE AGREEMENT - This Agreement constitutes 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 Part 30 of this Agreement. 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. 
 
32. RESTRICTIONS ON LOBBYING - 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. 
 
33. LICENSING - 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. 
 
34. NON-DISCRIMINATION - Subrecipient shall comply with all State and Federal equal opportunity 
and non-discrimination requirements and conditions of employment, including the Americans with 
Disabilities Act (42 U.S.C. § 12101 et seq.), A.R.S. title 41, Chapter 9, Article 4 (A.R.S. § 41-1461 et 
seq.), and Arizona Executive Order 2023-01. 
 
35. 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. 
 
36. ADVERTISING AND PROMOTION OF AGREEMENT - Subrecipient shall not advertise or 
publish information for commercial benefit concerning this Agreement without the prior written 
approval of DEMA. 
 
37. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS - Any television public 
service announcement that is produced or funded in whole or in part by Subrecipient shall include 
closed captioning of the verbal content of such announcement. 
 
38. 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

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property damage, but only to the extent that such claims which result in vicarious/derivative liability 
to the indemnitee, and are caused by the act, omission, negligence, misconduct, or other fault of the 
indemnitor, its officers, officials, agents, employees, or volunteers. 
39. TERMINATION –
a.
All parties reserve the right to terminate the Agreement in whole or in part due to the failure
of Subrecipient or DEMA 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 party wishing to terminate this
Agreement shall provide the other party with a written 30-day advance notice of the
termination and the reasons for it.
b.
If Subrecipient chooses to terminate this Agreement before the grant deliverables have been
met then DEMA reserves the right to collect from Subrecipient all funds distributed by
DEMA under this Agreement to Subrecipient.
c.
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. Subrecipient
shall be liable to DEMA for any excess costs incurred by DEMA in procuring materials or
services in substitution for those due from Subrecipient.
40. CONTINUATION OF PERFORMANCE THROUGH TERMINATION - 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.
41. 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.
42. AUTHORITY TO EXECUTE THIS AGREEMENT - Each individual executing this Agreement
on behalf of Subrecipient represents and warrants that he or she is duly authorized to execute this
Agreement.
43. SPECIAL CONDITIONS - Subrecipient acknowledges that U.S. Department of Homeland
Security-Federal Emergency Management Agency and DEMA reserve a royalty-free, non-exclusive,
and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for
Federal government purposes:
a.
the copyright in any work developed under an award to DEMA or this sub-award to
Subrecipient; and
b.
Any rights of copyright which the Subrecipient purchases ownership with Federal support.
Subrecipient shall consult with DEMA regarding the allocation of any patent rights that arise
from, or are purchased with, this funding.
44. RECORD RETENTION - The Subrecipient agrees to comply with the record-keeping requirements
and other requirements of A.R.S.  § 35-214 and § 35-215. All records shall be subject to inspection
and audit by the State of Arizona at reasonable times.
45. ADDITIONAL TERMS AND CONDITIONS - The Subrecipient agrees to comply with all
applicable and lawful Terms and Conditions contained in the 2025 DHS Standard Terms and
Conditions.

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EMF-2025-EP-05007 
46. 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 and through
AZ.EMGrants.com:
Arizona Department of Emergency and Military Affairs
5636 E. McDowell Road
Phoenix, AZ 85008
Maricopa County 
1325 N. Fiesta Blvd. 
Gilbert, AZ 85233 
Subrecipient shall address all programmatic questions, and reimbursement notices relative to this 
Agreement to the appropriate DEMA staff through the EM Grants Manager system:  
Programmatic Grant Coordinator, Diane Fernandez 
diane.fernandez@azdema.gov 
(602) 464-6268
IN WITNESS WHEREOF 
The parties hereto agree to execute this Agreement. 
FOR AND BEHALF OF 
FOR AND BEHALF OF 
Maricopa County 
Arizona Dept of Emergency & Military Affairs, 
Division of Emergency Management 
Authorized Signature 
Gabriel Lavine, Director 
Name & Title 
Date 
Date