MARICOPA 2021 EMPGARPA AGREEMENT FINAL 18FEB2024.PDF

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SUBRECIPIENT AGREEMENT BETWEEN

Maricopa County
UEI# F72HENC9LC98

AND

The Arizona Department of Emergency and Military Affairs
FOR
Emergency Management Performance Grant and American Rescue Plan Act
EMF-2021-EP-00016/18
Amendment #002 EMF-2021-EP-00018-A05
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
(‘Subrecipient") under Catalogue of Federal Domestic Assistance (CFDA) # 97.042 under
the terms of this Subrecipient Agreement (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) and additional funding for the supplemental provided under the
American Rescue Plan Act (ARPA) 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, 2021 and shall terminate on June 30, 2025. 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 attached as Exhibit Ill.

a. The FY 2021 EMPG+ARPA covers eligible costs from July 1, 2021 - June 30, 2025
(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 2021 EMPG+ARPA Notice of Funding
Opportunity (EMPG+ARPA NOFO), a copy of which is attached as Exhibit 3, 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+ARPA 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

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for the Subrecipient's projects, and monitors projects (with regard to program eligibility
and other requirements) only in order to protect the State's interests.

i. The FY 2021 EMPG+ARPA 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 Exhibit 4, up to $1,625,395.69. 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 listing of acceptable
documentation is attached as Exhibit 4(b).

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/PROGRAMATIC 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 $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 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

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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 assure the parties’ compliance with
their obligations under this Agreement, including but not limited to circumstances in
which DEMA is required or requested to provide information or 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 200.345 (general
provisions and requirements); (2) 200.400 through 200.475 (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.
b.

Comply with the EMPG+ARPA NOFO;

Utilize equipment that appears on the U.S. Department of Homeland Security
Authorized Equipment List (AEL) available at https://www.fema.gov/authorized-
equipment-list

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 Il,
Audits of States, Local Governments, and Non-Profit Organizations, available at
https://www.whitehouse.gov/omb/information-for-agencies/circulars/#numerical.
Comply with National Incident Management System (NIMS) Implementation initiatives
as outlined in the EMPG+ARPA NOFO;

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; see
https://www.fema.gov/executive-order-11988-floodplain-management), Wetlands
(11990; see https://www.fema.gov/executive-order-11990-protection-wetlands-1977)
and Environmental Justice for Low Income & Minority Populations (12898; see
https://www.fema.gov/executive-order-12898-environmental-justice-low-income-
minority-populations-1994). 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 FEMA-Environmental Office. Any subsequent

a
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10.

11.

12.

13.

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.

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 200.326.

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.

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; see https://gao.az.gov/publications/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.

PROCUREMENT - Subrecipient shall comply with all of 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.

TRAINING AND EXERCISE - Subrecipient agrees that any grant funds used for training and
exercise must be in compliance with the EMPG+ARPA 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;

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14.

15.

16.

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) and copy the DEMA Grant Administration Office
(grants@azdema.gov) and the DEMA Exercise Officer at exercises@azdema.gov.

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 within thirty (30) days. If the vacancy is not filled within thirty (30) days,
Subrecipient must stop charging this grant for the new position. Upon filling the vacancy,
Subrecipient may resume charging for the grant position.

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 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 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 EMPG+ARPA NOFO, the grant application as
approved, and the C.F.R. 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 or not 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 $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

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life or required project activities is discontinued, Subrecipient must request and receive
authorization from DEMA prior to disposition.

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 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. Subrecipient agrees to be subject to equipment monitoring and auditing
by state or federal authorized representatives to verify information.

e. Aphysical 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”
attached as Exhibit 17.

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 thirty (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 and fully complete the Quarterly Programmatic Report
Format template, a copy of which is attached as Exhibit 19(a).

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 until the entire scope of the Grant is completed.

ii, Upon request of DEMA, Subrecipient must provide to 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

b. Financial Reimbursements - Subrecipient shall provide DEMA with quarterly
requests for reimbursement. Requests for reimbursements shall be submitted with
the Reimbursement Form provided by DEMA, a copy of which is attached as Exhibit
19(b).

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Vv.

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 ninety (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 ninety (90) days will not be
paid. The final reimbursement request as submitted shall be marked “final” by
Subrecipient.

DEMA requires that all requests for reimbursement be submitted via U.S.
mail (United States Postal Service), FedEx, UPS, or another established
private delivery service, in person or through electronic means.

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.

Quarterly Financial Expenditure 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 September 30

All reports shall be submitted by Subrecipient to the DEMA contact person as
described in Part 46, NOTICES, of 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.

ii.
iii,
iv.

an effective date;

increases or decreases in the amount of Subrecipient’s compensation if
applicable;

be titled as an “Amendment,”

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.

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

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24,

25.

26.

27.

28,

29.

30.

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.

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.

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.

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.

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.

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.

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) 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 in that statute. The parties agree that proper
venue for any litigation shall be in Maricopa County, Arizona.

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.

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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 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 30 of this
Agreement; provided. 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 2009-09.

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 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

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40.

41.

42.

43.

44.

45.

46.

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 thirty
(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.

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.

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.

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.

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.

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.

ADDITIONAL TERMS AND CONDITIONS - The Subrecipients agrees to comply with the
additional Terms and Conditions as described in Exhibit 45-2019 DHS Standard Terms and
Conditions.

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:

Riera TERE NPR RE: RS BRR TAIT,

EMF-2021-EP-00016/18 AOS 10

CIS" AQ-COb- K -O)

Subrecipient Agreement Between Maricopa County and The Arizona Department of Emergency and Military

Affairs for Emergency Management Performance Grant and American Rescue Plan Act

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:

Arizona Department of Emergency & Military Affairs
5636 E. McDowell Road
Phoenix, AZ 85008

Maricopa County
5630 E. McDowell Road
Phoenix, AZ 85008

Subrecipient shall address all programmatic questions and reimbursement notices relative to
this Agreement to the appropriate DEMA staff contact:

Programmatic Coordinator
Diane Fernandez
diane.fernandez@azdema.qov
(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

Name & Title Gabriel Lavine, Director

Date Date

(Bes Se Pa AR ad ES SST, 4 ELE ET INS TE OL LTE

EMF-2021-EP-00016/18 AOS i