Extracted text (via pymupdf)
33675 characters
EMF-2024-EO-05006 Any unauthorized changes to this document will result in termination of this award SUBRECIPIENT AGREEMENT BETWEEN Maricopa County Department of Emergency Management AND The Arizona Department of Emergency and Military Affairs FOR Emergency Operations Center Grant Program – EMF-2024-EO-05006 WHEREAS, A.R.S. § 41-4254 (6) 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 DEPARTMENT OF EMERGENCY MANAGEMENT (“Subrecipient”) under CFDA # 97.052 for services under the terms of this Grant Agreement. I. PURPOSE OF AGREEMENT The purpose of this Agreement is to specify the rights and responsibilities of DEMA in administering the distribution of Emergency Operations Center Grant Program funds to Subrecipient, and to specify the rights and responsibilities of Subrecipient as the recipient of these funds. II. TERM OF AGREEMENT, TERMINATION AND AMENDMENTS This Agreement shall become effective on September 1, 2024 and shall terminate on August 31, 2027. The obligations of Subrecipient as described herein will survive termination of this agreement. III. DESCRIPTION OF SERVICES, SUPPLIES AND EQUIPMENT Subrecipient shall provide the services for DEMA and shall purchase the supplies and equipment for Subrecipient’s use in conjunction with this Agreement as set forth in writing Subrecipient’s grant application titled “Emergency Operations Center Grant Program”. a) The FY 2024 EOC Grant covers eligible costs from September 1, 2024, through August 31, 2027. The funds awarded in the grant agreement shall only be used to cover allowable costs that are incurred during the agreement period. Grant agreement funds shall not be used for other purposes. Allowable costs are defined in the FY 2024 EOC Notice of Funding Opportunity (NOFO), a copy of which is attached. b) Finance & Administration- DEMA will serve as the primary fiscal agent for all FFY 2024 EOC funds. i) The FY 2024 EOC program has a 25% cost match (cash or in-kind) requirement, as authorized by the 44 C.F.R § 361.4. Federal funds cannot exceed 75% 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 25% (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 CFR § 200.306. To meet matching requirements, Subrecipient contributions must be reasonable, allowable, allocable, and necessary under the grant program and must comply with all federal requirements and regulations. IV. MANNER OF FINANCING DEMA shall: a) Provide up to $1,507,000.00 to the Subrecipient for 75% of the costs associated with the services, supplies and equipment identified in the Subrecipients Work Plan. Subrecipient will provide the services required by this Agreement and acquire the supplies and equipment identified therein for its own use, unless a change is agreed to, as provided in part XII 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 and applicable, accurate and complete reimbursement documents, as deemed necessary by DEMA, to be submitted by Subrecipient. Payments by DEMA to Subrecipient will be contingent upon DEMA receiving complete documentation as required by the grant for each expenditure from Subrecipient. Payment may be contingent upon certification of the Subrecipient’s financial management system in accordance with acceptable standards in OMB Circular A- 110. V. FISCAL RESPONSBILITY It is understood and agreed that all of the funds provided by DEMA to Subrecipient under this Agreement shall be used by Subrecipient only for items and services to be acquired by Subrecipient under this Agreement. 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 directly to DEMA immediately. Notwithstanding the above, appropriations must be available pursuant to paragraph XVII at page 8. VI. FINANCIAL AUDIT/PROGRAMATIC MONITORING Subrecipient agrees to terms specified in A.R.S. § 35-214 and § 35-215. a) If Subrecipient expends $750,000 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 is in compliance with 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 can 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 EMF-2024-EO-05006 Any unauthorized changes to this document will result in termination of this award 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 assure the parties’ compliance with their obligations under this Agreement. VII. APPLICABLE FEDERAL REGULATIONS Subrecipient must comply with the FY 2024 EOC NOFO, Office of Management and Budget (OMB) Circular’s Code of Federal Regulations (CFR), and other Federal guidance including but not limited to: a. 2 CFR § 200.0-200.345 Uniform Administrative Requirements Subpart A-D, for Grants and Cooperative Agreements to State and Local Governments (formerly OMB Circular A-102) b. 2 CFR § 200.402-200.475 Subpart E – Cost Principles, Local & Indian Tribal Governments c. 2 CFR Part 200 Subpart E- §200.400-200.417 State and Local Governments; 2 CFR Part 220, Educational Institutions; 2 CFR Part 230, Non-Profit Organizations; Federal Acquisition Regulation Subpart 31.2, Contracts with Commercial Organizations. d. U.S. Department of Homeland Security Authorized Equipment List (AEL), at https://www.fema.gov/authorized-equipment-list e. 2 CFR Part 215, Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. f. 28 CFR applicable to grants and cooperative agreements, including Part II, Applicability of Office of Management and Budget Circulators; Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence System Operating Policies; Part 42, Non-discrimination Equal Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Part 66, Uniform Administrative Requirements for Grants and Co-operative Agreements to State and Local Government; g. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, at EMF-2024-EO-05006 Any unauthorized changes to this document will result in termination of this award http://www.whitehouse.gov/omb/circulars/a133_compliance_supplement_201 2. Included within the above-mentioned guidance documents are provisions for the following: Environmental Planning and Historic Preservation Subrecipient shall comply with all applicable Federal, State, and Local environmental and historic preservation (EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws including: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (12898). Subrecipient shall not knowingly undertake any project having the potential to impact EHP resources without the prior approval of DEMA/FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings that are 50 years old or greater. Subrecipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, Subrecipient must ensure monitoring of ground disturbance and if any potential archeological resources are discovered, Subrecipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Procurement and construction activities shall not be initiated prior to the full environmental and historic preservation review. Consultants/Trainers/Training Providers Billings for consultants/trainers/training providers must include at a minimum: a description of services; dates of services; number of hours for services performed; rate charged for services; and, the total cost of services performed. Consultant/trainer/training provider costs must be within the prevailing rates; must be obtained under consistent treatment with the procurement policies of Subrecipient and 2 CFR § 200.231, 200.326 & 200.323. Contractors/Subcontractors Subrecipient may enter into written subcontract(s) for performance of certain of its functions under this Agreement in accordance with terms established in the OMB Circulars, Code of Federal Regulations, DHS Guidance/NOFO and DHS Program Guidance. 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 which in the opinion of Subrecipient may result in litigation related in any way to the Agreement with DEMA. Personnel and Travel Costs All funds expended for personnel, travel, lodging, and per diem must be consistent with the Subrecipient’s policies and procedures and the State of Arizona Accounting Manual (SAAM); must be applied uniformly to both federally financed and other activities of the agency; and will be reimbursed at the most restrictive allowability and rate. At no time will Subrecipient’s reimbursement(s) exceed the State rate established by the Arizona EMF-2024-EO-05006 Any unauthorized changes to this document will result in termination of this award Department of Administration, General Accounting Office Travel Policies: https://gao.az.gov/publications/saam 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 Federal intent is that all Funds are awarded competitively. Subrecipient shall not enter into a Noncompetitive (Sole or Single Source) procurement agreement, unless prior written approval is granted by DEMA. Training and Exercise Subrecipient agrees that any funds used for training and exercise must be in compliance with the NOFO. Nonsupplanting Agreement Subrecipient shall not use funds to supplant State or Local funds or other resources that would otherwise have been made available for this program/project. Further, if a position created by a grant is filled from within, the vacancy created by this action must be filled within thirty (30) days. If the vacancy is not filled within thirty (30) days, Subrecipient must stop charging the grant for the new position. Upon filling the vacancy, Subrecipient may resume charging for the grant position. E-Verify Compliance requirements for A.R.S. § 41-4401—immigration laws and E-Verify requirement. a) Subrecipient warrants its compliance with all 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, Subsection A (That subsection reads: “After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E-Verify program”). b) A breach of a warranty by Subrecipient regarding compliance with immigration laws and regulations shall be deemed a material breach of this Agreement and Subrecipient may be subject to penalties to be determined at DEMA’s discretion, up to and including termination of this Agreement. c) DEMA retains the legal 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. 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 NOFO, grant application, and Code of Federal Regulations EMF-2024-EO-05006 Any unauthorized changes to this document will result in termination of this award (CFRs). Subrecipient shall exercise caution in the use, maintenance, protection and preservation of such property. a) Equipment acquired by Subrecipient under this Agreement shall be used by Subrecipient in the program or project for which it was acquired as long as needed, whether or not the program or project continues to be supported by federal grant funds. Theft, destruction, or loss of property shall be reported to DEMA immediately. b) Nonexpendable Property is property which has a continuing use, is not consumed in use, is of a durable nature with an expected service life of one or more years, has an acquisition cost of $300 (Three Hundred Dollars) or more, and does not become a fixture or lose its identity as a component of other equipment or plant. c) A Capital Asset is any personal or real property, or fixture that has an acquisition cost of $5,000 (Five Thousand Dollars) or more per unit and a useful life of more than one year. If the Capital Asset current value is equal to or greater than $5,000 at the end of life or required project activities is discontinued, Subrecipient must request and receive authorization from DEMA prior to disposition. d) A Property Control Form (if applicable) shall be maintained for the entire scope of the program or project for which property was acquired through the end of its useful life and/or disposition. All Nonexpendable Property and Capital Assets must be included on the Property Control Form. Subrecipient shall provide DEMA a copy of the Property Control Form with the final reimbursement request form, or no more than ninety (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 forty-five (45) calendar days after equipment disposition, if applicable. e) Upon submission of the final quarterly programmatic report Subrecipient must file with DEMA a copy of the Property Control Form. Subrecipient agrees to be subject to equipment monitoring and auditing by state or federal authorized representatives to verify information. f) A physical inventory of the Nonexpendable Property and Capital Assets must be taken and the results reconciled with the Property Control Form at least once every two years. (1) A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft shall be investigated. (2) Adequate maintenance procedures must be developed to keep the property in good condition. VIII. 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” Attached as Exhibit VIII. IX. FUNDS MANAGEMENT Subrecipient must maintain funds received under this Agreement in separate ledger accounts 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. Subrecipient must maintain adequate business EMF-2024-EO-05006 Any unauthorized changes to this document will result in termination of this award systems to comply with Federal requirements. The business systems that must be maintained are: • Financial Management • Procurement • Personnel • Property • Travel A system is adequate if it is 1) written; 2) consistently followed – it applies in all similar circumstances; and 3) consistently applied – it applies to all sources of funds. X. REPORTING REQUIREMENTS Regular reports by Subrecipient shall include: a) Programmatic Reports- Subrecipient shall provide quarterly programmatic reports to DEMA within twenty-one (21) days of the last day of the quarter in which services are provided. Subrecipient shall use the table outline located in the NOFO Appendix B – Combined Master Schedule/Deliverable Table example to submit quarterly programmatic reports. The report shall contain such information as deemed necessary by DEMA. 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 should be marked as final and should be inclusive of all necessary and pertinent information regarding the project as deemed necessary by DEMA. Quarterly programmatic reports shall be submitted to DEMA until the entire scope of the Grant is completed. Upon request of DEMA, Subrecipient must provide to DEMA information necessary to meet any state or federal reporting requirements. b) Quarterly reports are due: January 30 (period October 1 – December 31) April 30 (period January 1-March 31) July 30 (period April 1 - June 30) October 30 (period July 1 - September 30) c) Financial Reimbursements Subrecipient shall provide DEMA with quarterly requests for reimbursement. Subrecipient shall submit to DEMA a final reimbursement for expenses received and invoiced prior to the end of the termination of this Agreement no more than sixty (60) calendar days after the end of the Agreement. Requests for reimbursement received by DEMA later than the sixty (60) days after the Agreement termination will not be paid. The final reimbursement request as submitted shall be marked FINAL. DEMA requires that all requests for reimbursement are submitted via U.S. mail (United States Postal Service), FedEx, UPS, or another established private delivery service, in person or via any electronic means. EMF-2024-EO-05006 Any unauthorized changes to this document will result in termination of this award DEMA reserves the right to request and/or require any supporting documentation and/or information DEMA reasonably believes necessary in order to process reimbursements. Subrecipient shall promptly provide DEMA with all such documents All reports shall be submitted by Subrecipient to the DEMA contact person as described in Part XXXVII, NOTICES, of this Agreement. XI. ASSIGNMENT AND DELEGATION Subrecipient may not assign any rights hereunder without the express, prior written consent of both parties. XII. AMENDMENTS Any change in this Agreement including but not limited to the Description of Services and budget described herein, whether by modification or supplementation, must be accomplished by a formal Agreement amendment signed and approved by and between the duly authorized representative of Subrecipient and DEMA. Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in the amount of Subrecipient’s compensation if applicable; 3) be titled as an “Amendment,” and 4) be signed by the parties identified in the preceding sentence. 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. XIII. AGREEMENT RENEWAL This Agreement shall not bind nor purport to bind DEMA for any contractual commitment in excess of the original Agreement period. XIV. 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 to perform. If Subrecipient fails to provide written assurance within thirty (30) days, DEMA at its option may terminate this Agreement. XV. CANCELLATION FOR CONFLICT OF INTEREST The State of Arizona may, by written notice to the parties, immediately cancel this Agreement without penalty or further obligation pursuant to A.R.S. § 38-511 if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the State or its subdivisions (unit of Local Government) is an employee or agent of any other party in any capacity or a consultant to any other party to the Agreement with respect to the subject matter of the Agreement. Such cancellation shall be effective when the parties to the Agreement receive written notice from the State of Arizona, unless the notice specifies a later time. XVI. 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. EMF-2024-EO-05006 Any unauthorized changes to this document will result in termination of this award XVII. AVAILABILITY OF FUNDS Continuation this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations. If the funds necessary for performance by either party are not allocated and available for the continuance of this Agreement, either party may terminate this Agreement at the end of the period for which funds are available. No liability shall accrue to either party in the event this provision is exercised, and neither party shall be obligated or liable for any future payments or for any damages as a result of termination under this part XVII, including purchases and/or contracts entered into pursuant to performance under this Agreement. XVIII. FORCE MAJEURE If either party hereto is delayed or prevented from the performance of any act required in this Agreement by reason of acts of God, strikes, lockouts, labor disputes, civil disorder, or other causes without fault and beyond the control of the party obligated, performance of such act will be excused for the period of the delay. XIX. PARTIAL INVALIDITY Any term or provision of this Agreement that is hereafter declared contrary to any current or future law, order, regulation, or rule, or which is otherwise invalid, shall be deemed stricken from this Agreement without impairing the validity of the remainder of this Agreement. XX. ARBITRATION In the event of any dispute arising under this Agreement, written notice of the dispute must be provided to the other party within thirty (30) days of the events giving the rise to the dispute. In the event that the parties cannot resolve their dispute on an agreed-upon basis, either party may invoke arbitration through the American Arbitration Association (“AAA”), with the arbitrator to be selected pursuant to AAA rules and the arbitration to be conducted according to the applicable AAA rules, and with the costs of arbitration (including but not limited to the arbitrator’s fees, attorneys’ fees, and costs) to be allocated between the parties by the arbitrator. Both parties being sovereign entities, the parties agree that any litigation to enforce an arbitration award or for any other purpose shall be only in the U.S. District Court for the District of Arizona in Phoenix, Arizona as the proper forum for litigation between sovereign entities located in the State of Arizona. In the event that the parties becoming involved in litigation with each other for any reason in any other forum, both parties agree to have any claim(s) against the other resolved in arbitration on the terms set forth in this part XX. XXI. GOVERNING LAW AND CONTRACT INTERPRETATION a) This Agreement shall be governed and interpreted in accordance with the laws of the State of Arizona, as is otherwise not in conflict with the remainder of the provisions herein. 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. EMF-2024-EO-05006 Any unauthorized changes to this document will result in termination of this award XXII. ENTIRE AGREEMENT This Agreement and its Exhibits constitute the entire Agreement between the parties hereto pertaining to the subject matter hereof and may not be changed or added to except by a writing signed by all parties hereto in conformity with Part XII of this Agreement; provided; however, that DEMA shall have the right to immediately amend this Agreement so that it complies with any new legislation, laws, ordinances, or rules affecting this Agreement. Subrecipient agrees to comply with any such amendment within ten (10) business days of receipt of a fully executed amendment. All prior and contemporaneous agreements, representations, and understandings of the parties, oral, written, pertaining to the subject matter hereof, are hereby superseded or merged herein. XXIII. RESTRICTIONS ON LOBBYING Subrecipient shall not use funds made available to it under this Agreement to pay for, influence, or seek to influence any officer or employee of a State or Federal government. XXIV. LICENSING Subrecipient, unless otherwise exempted by law, shall obtain and maintain all licenses, permits, and authority necessary to perform those acts it is obligated to perform under this Agreement. XXV. NON-DISCRIMINATION Subrecipient shall comply with all State and Federal equal opportunity and non- discrimination requirements and conditions of employment, including the Americans with Disabilities Act, in accordance with A.R.S. title 41, Chapter 9, Article 4 and Executive Order 2009-09. XXVI. SECTARIAN REQUESTS Funds disbursed pursuant to this Agreement may not be expended for any sectarian purpose or activity, including sectarian worship or instruction in violation of the United States or Arizona Constitutions. XXVII. ADVERTISING AND PROMOTION OF AGREEMENT Subrecipient shall not advertise or publish information for commercial benefit concerning this Agreement without the written approval of DEMA. XXVIII. 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. XXIX. INDEMNIFICATION To the extent permitted by law, each party (as indemnitor) agrees to indemnify, defend and hold harmless the other party (as indemnitee) from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as claims) arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee, and are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. EMF-2024-EO-05006 Any unauthorized changes to this document will result in termination of this award XXX. TERMINATION All parties reserve the right to terminate the Agreement for convenience. The party wishing to terminate this Agreement shall provide the other party with a written thirty (30) day advance notice of the termination and the reasons for it. Upon such termination, DEMA reserves the right to collect from Subrecipient all funds distributed by DEMA under this Agreement to Subrecipient. XXXI. 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. XXXII. 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. XXXIII. 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. XXXIV. SPECIAL CONDITIONS Subrecipient acknowledges that U.S. Department of Homeland Security 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: 1. The copyright in any work developed under an award to DEMA or this sub-award to Subrecipient; and 2. Any rights of copy right to 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. XXXV. RECORD RETENTION Pursuant to A.R.S. §§ 35-214 and 35-215, the Parties shall retain all records relating to this Agreement for a period of five years after completion of the Agreement. All records shall be subject to inspection and audit by the State of Arizona at reasonable times. XXXVI. 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: EMF-2024-EO-05006 Any unauthorized changes to this document will result in termination of this award Arizona Department of Emergency & Military Affairs 5636 E. McDowell Rd Phoenix, AZ 85008 Maricopa County Department of Emergency and Military Affairs 25630 E McDowell Rd, Phoenix, AZ, 85008 Subrecipient shall address all programmatic questions and reimbursement notices relative to this Agreement to the appropriate DEMA staff contact: Programmatic Coordinator Destiny Colorado, State Hazard Mitigation Officer Mitigation@azdema.gov (602) 464-6499 Grants Coordinator (Fiscal) Maryanne Curfman, Grant Project Specialist mitigation@azdema.gov 602-464-6348 XXXVII. IN WITNESS WHEREOF The parties hereto agree to execute this Agreement. FOR AND BEHALF OF Maricopa County Dept of Emergency Management _______________________ Authorized Signature _______________________ Name & Title _______________________ Date FOR AND BEHALF OF Arizona Dept of Emergency & Military Affairs Division of Emergency Management _______________________ Authorized Signature ________________________ Name & Title ________________________ Date EMF-2024-EO-05006 Any unauthorized changes to this document will result in termination of this award Subrecipient Agreement Between Maricopa County Department of Emergency Management & The Arizona Department of Emergency and Military Affairs for Emergency Operations Center Grant Program MARICOPA COUNTY BOARD OF SUPERVISORS BY: _________________________________ Chairman, Board of Supervisors Date: ______________________ ATTEST: ________________________________ Clerk of the Board Date: ______________________ Approved as to form: ________________________________ Deputy County Attorney Date: ______________________