FY26 CITY OF BUCKEYE STC SRA.PDF
Extracted text (via pymupdf)
53858 characters
FY2026 STC Subrecipient Agreement 1 da SUBRECIPIENT AGREEMENT Subrecipient: City of Buckeye Title: FY2026 Securing the Cities (STC) Program Subrecipient Agreement FY2026 STC Subrecipient Agreement i 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 FY2026 STC Subrecipient Agreement 1 SUBRECIPIENT AGREEMENT BETWEEN CITY OF BUCKEYE 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 City of Buckeye (“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”), through its Countering Weapons of Mass Destruction Office (“CWMD” and 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-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 already provided the allocation of Grant Funds to the County for a total of: $2,857,000.00, that has been authorized by the Maricopa County Board of Supervisors (C-15-25-005-X-00 and C-15-26-002-X-00), and WHEREAS, the County shall annually reapply for funding for each subsequent grantyear during the term of this Agreement, and request approval from the Maricopa County Board of Supervisors to accept the corresponding grant award allocation; and FY2026 STC Subrecipient Agreement 2 WHEREAS, the County has designated MCDEM to provide for the proper monitoring of the funding and administration of the Grant; and 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 Buckeye City Council 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 $89,012.00. 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 # 20CWDSTC00016, Assistance listing Number #97.106, Federal Award Date 09/25/2020. This is nota “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,through the CWMD Office. 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 Federalaward upon the terms and conditions set forth in this Agreement: FY2026 STC Subrecipient Agreement 3 Subaward Amount: Year Budget Period Allocation 4 July 1, 2025 – June 30, 2026 $89,012.00 5 July 1, 2026 – June 30, 2027 Subject to DHS funding/County Approval 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 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 City of Buckeye, having its principal office at 530 E Monroe Ave, Buckeye, AZ 85326: o Buckeye Police Department, having its principal office at 21699 W Yuma Rd. #104, Buckeye, AZ 85326 o Buckeye Fire Medical Rescue Department, having its principal office at 21699 W Yuma Rd. #101, Buckeye, AZ 85326 §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: Aimee Mankins, Emergency Operations Supervisor, Maricopa County Department of Emergency Management 1325 N Fiesta Blvd, Gilbert, AZ 85233 (602) 273-1411 Aimee.Mankins@Maricopa.gov FY2026 STC Subrecipient Agreement 4 2. The representative of City of Buckeye: Stuart Esh, Chief Buckeye Fire Department 21699 W Yuma Rd #101 Buckeye, AZ 85326 (623) 349-6000 sesh@buckeyeaz.gov Gary McGeough, Commander Buckeye Police Department 21699 W Yuma Rd. #104 Buckeye, AZ 85326 623-349-6482 gmcgeough@buckeyeaz.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 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 FY2026 STC Subrecipient Agreement 5 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] FY2026 STC Subrecipient Agreement 6 II. TERM AND SERVICES TO BE PROVIDED §201. Time of Performance The term of this Agreement shall be from (July 1, 2025, through June 30, 2026) (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 andprocedures 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. 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. 3. Subrecipient shall designate an authorized representative to attend all Executive Committee meetings of the STC Program. Subrecipient shall make good faith efforts to minimize any absence of its representatives at such meetings and to remain in good standing. Excessive absences in Executive Committee Meetings could impact the Subrecipient’s standing and prioritization in training, funding, and equipment, unless communicated with Program staff. FY2026 STC Subrecipient Agreement 7 1. Through its representatives to the STC Implementation Program, Subrecipient shall work with other participating agencies in the STC Implementation Program in developing and updating the following plans for the STC Program: (a) Operations Plan, (b) Integrated Preparedness Plan, and (c) Equipment Plan. Subrecipient shall assist MCDEM in developing and executing the scope of projects associated with the Plans. Subrecipient shall also collaborate with other participating agencies in the STC Program to develop appropriate implementation and sustainment plans as needed. 2. 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 reportingof 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 Countering Weapons of Mass Destruction, and the United States Department of Energy. 3. Subrecipient shall complete any required trainings, drills, and exercises as set forth in the Integrated Preparedness Plan that is adopted by the STC Program and as may be required by the Grantor. 4. In a timely manner, Subrecipient shall complete and submit to MCDEM any forms and reports required by CWMD 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. 5. 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 shall participate in a yearly training and equipment needs meeting and provide information to MCDEM to assist in the development of such budget by, without limitation, submitting relevant cost information associated with proposed budget items. • 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. FY2026 STC Subrecipient Agreement 8 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 assetsacquired 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, Subrecipient shall ensure that its designated representatives attend all 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. Subrecipient shall 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 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 FY2026 STC Subrecipient Agreement 9 IPP training and/orexercise. 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 CWMD, 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. 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 FY2026 STC Subrecipient Agreement 10 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 CWMD 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. 3. Subrecipient in good faith shall properly maintain, safeguard, and inventory the Equipment in accordance with procedures prescribed and approvedby MCDEM, the STC Program Equipment Plan, and the regulations of the Grant, including the provisions set forth in 44 Code FY2026 STC Subrecipient Agreement 11 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 shalllimit 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. Suchaccess 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 noevent shall any expenses incurred in connection with any activities of the Equipment (maintenance, installation, removal, replacement or otherwise) be reimbursed with FY2026 STC Subrecipient Agreement 12 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] FY2026 STC Subrecipient Agreement 13 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 $89,012.00 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 4 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 Agreementmay 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 FY2026 STC Subrecipient Agreement 14 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. G. Subrecipients are required to notify the MCDEM of their anticipated training plans to spend their remaining budget by Monday, March 2, 2026. 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] FY2026 STC Subrecipient Agreement 15 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 beamended 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 FY2026 STC Subrecipient Agreement 16 Government 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 andto 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 thatin 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 thisAgreement. §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 FY2026 STC Subrecipient Agreement 17 set forth in 2 CFR §200.340. Subrecipient shall have the right to terminate the Subaward onlyas 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 andpost 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 be exclusive and are in addition to any other rights and remedies FY2026 STC Subrecipient Agreement 18 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. FY2026 STC Subrecipient Agreement 19 §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 CFRPart 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 FY2026 STC Subrecipient Agreement 20 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 ashoused 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: FY2026 STC Subrecipient Agreement 21 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% 20Safeguarding%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. FY2026 STC Subrecipient Agreement 22 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 withterrorism. 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(f)(2) instead of unlimited rights. (48 CFR 27.404(a)). FY2026 STC Subrecipient Agreement 23 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. FY2026 STC Subrecipient Agreement 24 IN WITNESS WHEREOF, the County and Subrecipient have caused this Agreement to be executed by their duly authorized representatives. MARICOPA COUNTY: By: Chair, Board of Supervisors Date: City of Buckeye: By: Doug Sandstrom, City Manager 11/20/2025 Date: ATTEST: Clerk of the Board By: Juanita Garza Date: ATTEST: [Subrecipient Clerk] By: Lucinda Aja, City Clerk Date: 11/20/2025 Approved as to Form: By: Deputy County Attorney Date: [City of Buckeye Legal] By: K. Scott McCoy, City Attorney Date: 11/20/2025 Ad*b Ac-*ba/ S$") T-a).ac/$*) N0(b -ѷ CBJCHBCAABAAl-(4BH0уTPр0у1),Z'с-lbH*c%%*$AcN