HomeMy WebLinkAboutResolution 2012-072 relating to homeland securityI�ZARANA RESOLUTION NO. 2012-072
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING T`HE
TOWN MANAGER TO EXECUTE A SUBGRANTEE AGREEMENT WITH THE ARIZONA
DEPARTMENT OF HOMELAND SECURITY FOR PURPOSES OF RECEIVING FUNDS
UNDER THE 2010 OPERATION STONEGARUEN GRANT PROGRAM.
WHEREAS the Town of Marana recognizes its duty to protect its citizens concerning matters
involving Homeland and Border Security; and
WHEREAS the Marana Police Department is working with the Arizona Department of
Homeland Security, United States Border Patrol, and other community agencies as a regional partner
in the Operation Stonegarden Program; and
WHEREAS the Arizona Department of Homeland Security has awarded grant funding for the
provision of overtime pay, mileage reunbursement, and specialty equipment for services provided in
coordina.tion with the Operation Stonegarden Program; and
WHEREAS the Town Council finds that it is in the best interests of the community to enter
into a Subgrantee Agreement with the Arizona Deparhnent of Homeland Security to be eligible to
receive funds related to the Operation Stonegarden Program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR ANID COUNCIL OF THE
TOWN OF 1��ARANA, ARIZONA, AS FOLLOWS:
SECTION 1. Subgrantee Agreement 10-AZDOHS-OPSG-777424-03 between the Arizona
Department of Homeland Security and the Town of Marana, attached to and incorporated by this ref-
erence in this resolution as E�ibit A, is hereby approved and the Town Manager is hereby author-
ized to execute it for and on behalf of the Town of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to under-
take a11 other and further tasks required or beneficial to carry out the terms, obligations, and objec-
tives of the Subgrantee Agreement.
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Marana Resolution No. 2012-0�2
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
1�'1ARANA, ARIZONA, this 4�' day of September, 2012.
Mayor Ed onea
ATTEST:
�
Jocelyn . Bronson, Town Clerk
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Mazana Resolution No. 2012-072
} . .,
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SUBGRANTEE AGREEMENT
OPSG OVERTIME AND MILEAGE
12- AZDOHS - OPSG - 999431-04
Enter Grant AgreemeM Number above (e.g., 999�ooc-�oc)
Befinreen
The Arizona Department of Homeland Security
And
Town of Marana
Enter the Name of the Subreapient Agency Above
WHEREAS, A.R.S. § 41-4254 charges the Arizona Department of Homeland Security (AZDOHS)
with the responsibility of administering funds.
THEREFORE, it is agreed that the AZDOHS shall provide funding to the
Town of Marana
Enter the Name of the Subrecipient Agency Above
(subrecipient) for senrices under the te�ms of this Grant Agreement.
I. PURPOSE OF AGREEMENT
The purpose of this Agreement is to specify the responsibilities and procedures for the
subrecipient's role in adrninistering homeland security grant funds.
11. TERM OF AGREEMENT TERMINATION AND AMENDMENTS
This Agreement shall become effective on November 1, 2012 and shall terrr�inate on
December 31, 2013. The obligations of the subrecipient as described herein will survive
termination of this agreement.
111. DESCRtPTION OF SERVICES
The subrecipient shatl provide the services for the State of Arizona, Arizona Department
of Homeland Security as approved in the grant application titled
46 pvertime and Mileage ��
Enter Title of Application
and funded at $ 140,000.00 (as may have been modified by the award letter).
Enter Funded Amourrt above
IV. MANNER Of FINANCING
The A�DOHS shall:
a) Provide up to $140 000.00 ta the subrecipient for services provided under
Paragraph III. � "" e mounTa6ove
b) Payment made by the AZDOHS to the subcecipient shall be on a reimbursement
basis only and is conditioned upon receipt of proof of payment and applicabte,
accurate and complete reimbursement documents, as deemed necessary by the
AZDOHS, to be submitted by the subrecipient. A listing of acceptable docurnentation
can be found at www.azdohs.qov. Payrnents will be cantingent upon receipt of all
reporting requirements of the stabrecipient under this Agreertient.
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RECEIlfED ��.� p 3 2012
V. FISCAL RESPONSBFLITY
it is understood and agreed that the #otal amount of the funds used under this Agreement
shall be used only for the project as described in the application. Any modification to
quantity or scope of work must be preapproved in writing by the AZDOHS. Therefore,
should the project not be completed, the subrecipient shall reimburse said funds directly
to the AZDOHS immediately. If the project is completed at a lower cost than the original
budget called for, the amount reimbursed to the subrecipient shall be for only the amount
of dollars actually spenf by the subrecipient in accordance with the approved application.
For any funds received under this Agreemenf for which expenditure is disallowed by an
audit exemption or othen�vise by the AZDOHS, the State, or Federal government, the
subrecipient shatl reimburse said funds directly to the AZDOHS immediately.
VL fINANCIAL AUDIT/PROGRAMATIG MONITORING
The subrecipient agrees to terms specified in A.R.S. § 35-214 and § 35-215.
a) In addition, in compliance with the Federal Single Audit Act (31 U.S.C. par. 750'f-
7507), as amended by the Single Aud�t Act Amendments of 1996 (P.L. 104 to 156),
the subrecipient must have an annual audit conducted in accordance with OMB
Circular #A-133 ("Audits of States, Locat Governments, and Non-profit
Organizationsr) if the subrecipient expends more than $500,U00 from federal awards.
lf the subrecipient has expended more than $500,000 in Federal dotlars, a copy of the
subrecipient's audit report for the previous fiscal year and subsequent years within the
period of performance is due annually to AZDOHS by March 31�.
b) 5ubrecipients wilt be monitored periodically by the AZDOHS staff, both
programmatieatly and financially, to ensure that the project goals, objectives,
performance requirements, #irnetines, milsstone completion, budgets, and other
related program criteria are being met. Monitoring will be accomplished through a
combinatian of office-based reviews and onsite monitoring visits. Monitoring can
involve aspects of the work involved underthis contract including but not limited to the
review and analysis o# the financial, programmatic, performance and administrative
issues relative to each program and will identify areas where technical assistance and
other support may be needed.
VIF. APPLICABLE FEDERAL REGULATIONS
The subrecipient must comply with the grant guidance Office of Management and Budget
(OMB) Circulars Code of Federal Regulations (CFR) and other Federaf guidance
including but not timited to:
a) 44 CFR Chapter 1, Federal Emergency Management Agency, Department of
Homeland Security at http:l/www.access.gpo,dov/nara/cfr/waisidx 07/44cfrv1 07.html.
b) 2 CFR 225 Cost Principles for State, Loeal & Indian Tribal Governments (A-87 OMB
Circular) at http:J/www.access.gpo.qov/nara/cfrlwaisidx 07/2cfr225 07.htmt.
Cost Principles: 2 CFR Part 225, State and Local Governments; 2 CFR Part 220,
Educational Institutions; 2 CFR Part 230, Non-Profit Organizations; Federal
Acquisition Regulation Sub-part 31.2, Contracts with Commerciaf Organizations.
OMB Circular A-433, Audits of States, Local Governments, and Non-Profit
Organizations, at http://www.whitehouse.qov/omb/circulars/a4331a133.htmL
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c) 44 CFR Part 93, Uniform Administrative Requirements far Grants and Cooperative
Agreements to State and Locai Governments (formeriy OMB Circular A-102), at
http://149.168.212.15/mitiqation/Librarv/44 CFR-Part 13.pdf. U.S. Department of
Homeland Security Authorized Equipment List (AEL), at
https://www.rkb.mipt.org/aeLcfm 2 CFR Part 215, Institutions of Higher Education,
Hospitals and Other Non-Profit Organizations.
d) 28 CFR applicable to grants and cooperative agreements, including Part 11,
Applicability of O�ce of Management and Budget Circulators; Part 18, Administrative
Review Procedure; Part 20, Criminal Justice Information Systems; Part 22,
Confidentiality of ldentifiable 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 Adrninistrative
Requirements for Grants and-Co-operative Agreements to State and �ocat
Government.
Included within the above mentioned guidance documents are provisions for the
following:
NIMSCAST
The subrecipient agrees to complete the National Incident Management System
Compliance Assistance Support Tool (NIMSCAST) and remain in compliance.
Environmental Planning and Historic Preservation
The subrecipient shall comply with all applicable federal, State, and Local environmentat
and historic preservation (EHP) requirements and shall provide any infarmation
requested by FEMA to ensure compliance with applicable laws including: Nationaf
Environmental Policy Act, National Historic Preservation Act, Endangered' Species Act,
and Executive Orders on Floodplains (11988), Wetlands (14990) and Environmentat
Justice (12898).Subrecipient shall not undertake any project having the potential to
impact EHP resources without the arior approval of AZDOHS/FEMA, including but not
limited to communications towers, physica( 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 asthe 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, the
subrecipient must ensure monitoring of geound disturbance and if any potentiat
archeological resources are discovered, the subrecipient will immediately cease
construction in that area and notify FEMA and the appropriate State Histonc Preservation
Office. Procurement and construction activities shalf not be initiated prior to the full
environmentat 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 sewices; and, the total cost of services performed. ConsultanUtrainer/training
provider costs must be within the prevaifing rates; must be obtained under consistent
treatment with the procurernenf policies of the subrecipient and 44 CFR Chapter 1, Part
13; and shall not exceed the maximum of $450 per day per consultanUtrainer/training
provider unless prior written approval is granted by the AZDOHS, In addition to the per
day $450 maximum amount, the consultant/trainer/training provider may be reimbursed
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reasonable travel, lodging, and per diem not to exceed the state rate. ltemized receipts
are required for lodging and travel reimbursements. The subrecipient will not be
reimbursed costs other than travel, lodging, and per diem on travel days for
consultants/trainers/training providers.
Contractors/Subcontractors
The subrecipient may enter into written subcontract(s} for performance of certain of its
functions under the contract in accordance with terms established in the OMB Circulars,
Code of Federal Regulations, DHS Guidance and DHS Program Guide. The subrecipient
agrees and understands that no subcontract that the subrecipient enters into with respect
to performance under this Agreement shall in any way relieve the subrecipient of any
responsibilities for performance of its duties. The subrecipient shall give the AZDOHS
immediate notice in writing by certified mail of any action or suit filed and prompt notice of
any claim made against the subrecipient by any subcontractor or vendor which in the
opinion of the subrecipient may result in litigation related in any way to the Agreement
with the AZDOHS.
Personnel and Travel Costs
All grant funds expended for personnel, travel, lodging, and per diern must be consistent
with the subreeipient's policies and procedures and must be applied uniformly to both
federally financed and other activities of the agency. At na time will the subrecipient's
reimbursement(s) exceed the State rate established by the Arizona Department of
Administration, General Accounting Office Travel Policies: http://www.gao.state.gov.
Procurement
The subrecipient shall comply with all intemal agency procurement rules/policies and
must also comply with Federal procurement rules/policies as outlined in section Vtl and
all procurement must comply with Arizona State procurement code and rules. The
Federal intenf is that all Homeland Security Funds are awarded competitively. The
subrecipient shall not enter into a Sole or Single Source procuremenf agreement, unless
prior written approval is granted by the AZDOHS.
Training and Exercise
The subrecipienfi agrees that any grant funds used for training and exercise must be in
compliance with grant guidance. Atf training must be approved through the
ADEM/AZDOHS training request process prior to execution of training contract(s). All
exercises must utitize the FEMA Homeland Security Exercise and Evaluafron Program
(HSEEp) Toolkit for exercise design, development and scheduling. Subrecipient agrees
to:
a) Submif the HSEEP Toolkit Exercise Summary to AZDOHS with alt Exercise Reimbursement
Requests.
b} Post aIF exercises, documen#ation and After Action Reports/Improvement Plans via the
HSEEP Toolkit.
c) Within 60 days of completion of an exercise, the exercise fiost subrecipent is required to
upload the AAR/fP into the HSEEP Toolkit and email the AAR/IP to the locaf Caunty
Emergency Manager, the FEMA Region IX Exercise POC, HSEEP(c�dhs.qov, the AZDOHS
Strategic Planner, and the Arizona Department of Emergency Management (AQEM) Exercise
Officer.
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Nonsuppianting Agreement
The subrecipient shall not use funds to supplant State or �ocal funds or other resources
that would otherwise have been made availabfe 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 fhirty (30) days. If the vacancy is not filled within thirty (30) days, the
subrecipient must stop charging the grant for the new position. Upon filling the vacancy,
the subrecipient may resume charging for the grant position.
E-Verify
Compliance requirements for R.R.S. § 44-4401—immigration laws and E-Verify
requirement.
a) The subrecipient warrants compliance with all Federal immigration laws and
regulations relating to employees and warrants its compliance with Section A.R.S. §
23-214, Subsection A. (That subsection reads: "After December 31, 2007, every
employer, after hiring an employee, shaU verify the employment eligibility of the
employee through the E-Verify program).
b) A breach of a warranty regarding compliance with immigrat'ron laws and regulations
shall be deemed a material breach of the contract and the subrecipient may be
subject to penalties up to and including termination of the Agreement.
c) The AZDOHS retains the legal right to inspect the papers of any employee who works
on the Agreement to ensure that the subrecipient is complying with the warranty
under paragraph (a) above.
Property Control
Effective control and accountability must be maintained for alt property. The subrecipient
must adequately safeguard all such property and must assure that it is used solely for
authorized purposes as described in the guidance and application. The subrecipient shalt
exercise caution in the use, maintenanee, protection and preservation of such property.
a) Equipment shafl be used by the 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, destrucfion, or loss of property shall be
reported to the AZDOHS immediately.
b) Nonexpendable Property is property which has a confinuing use, is not consumed in
tase, is of a durable nature with an expected service fife of one or more years, has an
acquisition cost of $300 {Three HundredDollars) or more, and does not become a
�xture or lose 'rts identity as a component of other equipment or plant.
c) A Capital Asset is any personal or real prope�fy, or fixture that has an acquisition cost
of $5,000 (Five Thousand Dollars) or more per unit and/or a useful life of more than
oneyear. When use of the Capital Asset for project activities is discontinued, the
subrecipient shalt request/receive authorization from AZDOHS prior to disposition.
d) A Property Control Form shalf be maintained for #he entire scope of the program or
project for which property was acquired through the end of its usefu( life and/or
disposition. Nonexpendable Property and Capitaf Assets must be included on the
Property Control Form. When disposition of Nonexpendable Property and Capital
Assets occurs the subrecipient shall submit an updatedProperty ControlForrn to
AZDOHS.
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e) Upon submission of the final quarterly programmatic report the subrecipient must file
with the AZDOHS a copy of the Property Control Form. The subrecipient agrees to be
subject to equipment monitoring and auditing by state or federal authorized
representatives to verify information.
fl 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.
Allowable Costs
The allowability of costs incurred under this agreement shall be determined in
accordance with the general principles of allowability and standards for selected cost
items as set forth in the applicable OMB Circulars, Code of Federal Regulations,
authorized equipment lists and guidance documents referenced above.
a) The subrecipient agrees that grant funds are not to be expended for any indirect costs
that may be incurred bythe subrecipient for administering these funds.
b) The subrecipeint agrees that grant funds are not to be expended for any Management
and Administrative (M&A) costs that may be incu�red by the subrecipient for
administering these funds unless expticitly applied for and approved in writing by the
AZDOHS and shall be in compliance with Grant Guidance.
VlFL DEBARMENT CERTIFICATION
The 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."
IX. FUNDS MANAGEMENT
The subrecipient must rnaintain funds received underthis Agreemenf in separate ledger
accounts and cannot mix these funds with other sources. The subrecipient must manage
funds according to app}icable Federat regulations for administrative requirements, costs
principles, and audits.
The subrecipient must rnaintain adequate business systems to comply with Federal
requirements. The business systems that must be maintained are:
• Financial Management
• Procurement
• Personnel
• Property
• Travef
A system is adequate if it is 1) written; 2) consistently followed' — it applies in all similar
circumstances; and 3) consistently applied— it appfies to alf sources of funds.
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X. REPORTING REQUIREMENTS
Regular reports by the subrecipient shall inciude:
a) Programmatic Reports
The subrecipient shall provide quarterly programmatic reports to the AZDOHS within
fifteen (15) working days of the last day of the quarter in which services are provided.
The subrecipient shall use the form provided by the AZDOHS to submit quarteely
programmatic reports. The report shall contain such information as deemed
necessary by the AZDOHS. The subrecipient shall use the Quarterly Programmatic
Report Format template, which is posted at www.azdohs.aov. If the scope of the
project has been fuJly completed and implemented, and there wiA be no further
updates, then the quarterly programmatic report for the quarter in whichthe project
was completed will be sufficient as the fina( �eport. The report should be marked as
final and should be inciusive of atl necessary and pertinent information regarding the
project as deemed necessary by the AZDOHS. Quarterly programmatic reports shall
be submitted to the AZDOHS until the entire scope of the project is completed
b) Quarterly Programmatic Reports are due:
January 15 (period October 1- December 31)
April 15 (period January 1— March 31)
July 15 (period April 1- June 30)
October 15 (period July 1' — September 30)
c) Financial Reimbursements
The subrecipient shall provide as frequently as monthly but not less than
quarterly requests for reimbursement. Reimbursements shall be submitted with
the Reimbursement Form provided by the AZDOHS staff. The subrecipient shall
submit a final reimbursement for expenses received and invoiced prior to the end of
the termination of this Agreernent no more than forty-five (45j calendar days after
the end of the Agreement. Requests for reimbursement received iater than the forty-
five {45) days after the Agreement termination will not be paid. The final
reimbursementreques# as submitted shalt be marked FfNAL.
The AZDOHS requires that all requests for reimbursement are submitted via U.S.
mail (United States Postat Service), FedEx, UPS, etc... or in person.
Reimbursements submitted via fax or by any electronic rneans will not be accepted.
The AZDOHS reserves the right to request and/or require any supporting
documentafion it feels necessary in order to process reimbursements.
All reports shall be submitted to the contact person as described in Paragraph XXXIX,
NDTICES, of this Agreement.
XI. ASSIGNMENT AND DELEGATION
The subrecipient may not assign any rights hereunder without the express, prior wcitten
consent of both parties.
XII. AMENDMENTS
Any change inthis Agreement including but not limited to the Description of Services and
budget described herein, whether by modification or supplementation, must be
accomplished by a format Agreement amendment signed and approved by and between
the duly authorized representative of the subrecipient and the AZDOHS.
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Any such amendment shail specify: 1) an effective date; 2) any increases or decreases in
the amount of the subrecipienYs compensation if applicable; 3) be titled as an
°Amendment,° and 4) be signed by the parties identified in the preceding sentence. The
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
suppiementation to this Agreement.
XIII. OFFSHORE PERFORMANCE OF WORK PROHIBITED
Due to security and identi#y protection concerns, aU services under this Agreement shall
be performed within the borders of the United States. Atl storage and processing of
information shaN be performed within the borders of the United States. This provision
applies to work performed by subcontractors at all tiers.
XIV. AGREEMENT RENEWAL
This Agreement shall not bind nor purport to bind the AZDOHS for any contractual
commitment in excess of #he original Agreement period.
XV. RIGHT TO ASSURANCE
If the AZDOHS in good faith has reason to believe that the subrecipient does not intend
to, or is unable to perform or continue performing under this Agreement, the AZDOHS
may demand in writing that the subrecipient give a written assurance of intent to perform.
If the subrecipient fails #o provide written assurance within the numbec of days specified
in the demand, the AZDOHS at its option may terminate this Agreement.
XVI. CANCELLATION FOR CONFLICT OF INTEREST
The AZDOHS may, by written notice to the subrecipient, immediately cancel this
Agreement without penalty or further obligation pursuant to A.R.S. § 38-511 if any person
significantly involved in initiating, negofiating, 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 eancellation shall
be effective when the parties to the Agreement receive written notice from the AZDOHS,
unless the notice specifies a lafer time.
XVIL THIRD PARTY ANTITRUST VtOLAT10NS
The subrecipient assigns the State of Arizona any claim for overcharges resulting from
antitrust violations to the extent that such violations concern maferials or services
supplied by third parties to subrecipient toward fulfillment of this Agreement.
XVtll. AVAILABILITY OF FUNDS
Every paymenf obligation of the AZDOHS under this Agreement is conditioned upon the
availability of funds appropriafed or allocated for the payment of such obligations. If the
funds are not allocated and available for the continuance of this Agreement, the AZDOHS
may terminate this Agreement at the end of the period for which funds are available. No
liability shall accrue to the AZDOHS in the event this provision is exercised, and the
AZDOHS shall not be obligated or liable for any future payments or for any damages as a
result of termination under this paragraph, including putchases and/or contracts entered
into by the subrecipient in the execution of this Agreement.
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XIX. FORCE MAJEURE
if either party hereto is delayed or p�evented 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.
XX. PARTIAL.INVALIDITY
Any term orprovision of this Agreement that is hereafter declared contrary to any current
or future law, order, regulation, or rule, or which is otherwise invalid, shalf be deemed
stricken from this Agreement without impairing the validity of the remainder of this
Agreement.
XXI. ARBITRATION
In the event of any dispute arising underthis Agreement, written notice of the dispute
must be provided to the other party within thirty (30) days of the events giving the rise fo
the dispute. The subrecipient agrees to terms specified in A.R.S. § 12-1518.
XXFt. 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 befinreen the parties and no usage of the
trade shaU 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 performanc� and fails to object.
XXIII. ENTIRE AGREEMENT
7his 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 bya writing signed by all parties hereto in conformity with Paragraph X,
REPORTING REQUtREMENTS; provided; however, that the AZDOHS shalt have the
right to immediately amend this Agreement so that it complies with any new legislation,
laws, ordinances, or rules affecting this Agreement. The 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 subjecf matter hereof, are
hereby superseded or merged herein.
XXIV. RESTR(CTIONS ON' LOBBYING
The subrecipient shalf not use funds made available to it under this Agreement ta pay for,
in�luence, or seek to influence any officer or employee of a State or Federaf govemment.
XXV. LICENSING
The subrecipient, unless otherwise exempted by law, shall obtain and maintain all
licenses, permits, and authority necessary to perform those acts it is obl'igated to perform
under this Agreement.
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XXVL NON-QISCRIMiNAT10N
The subrecipient shaA 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 44, Chapter 9, Article 4 and Executive
Order2009-09.
XXVIL 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.
XXVIIL SEVERABILITY
The provisions of this Agreement are severable. Any term or condition deemed illegaf or
invalid shall not affect any other term or condition of the Agreemer�t.
XXIX. ADVERTISING AND PROMOTION OF AGREEMENT
The subrecipient shall not advertise or publish information for commercial benefit
concerning this Agreement without the written approval of the AZDOHS.
XXX. OWNERSHIP OF INFORMQTION. PRfNTED AND PUBUSHED MATERIAL
The AZDOHS reserves the right to review and approve any publications funded or
partialty funded through this Agreement. All publications funded or partially funded
through this Agreement shatl recognize the AZDOHS and the U.S. Department of
Homeland Security. The U.S. Department of Homeland Security and #he AZDOHS shall
Mave fup and complete rights to reproduce, duplicate, disclose, perform, and otherwise
use all materials prepared under this Agreement.
The subrecipient agrees that any report, printed matter, or publication (written, visual, or
sound, but excluding press releases, newsletters, and issue analyses) issued by #he
subrecipient describing programs or projects funded in whole or in part with Federal funds
shall contain the following statement:
"This document was prepared under a grant from 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 oificial position or policies of the U.S. Department ofi Homeland
Security."
The subrecipient also agrees that one copy of any such publicafion, report, printed
matter, or publication shal( be submitted to the AZDOHS to be placed on file and
distributed as appropriate to other potential sub-recipients or interested parties. The
AZDOHS may waive the requirement for submission of any specific publication upon
submission of a reques# providing just�cation from the subrecipient.
The AZDOHS and the subrecipient recognize that research resulting from this Agreement
has the potential to become public information. However, prior to the termination of this
Agreement, the subrecipient agrees that no research-based data resulting from this
Agreement shal( be published or otherwise distributed in any forrn without express written
permission firom the AZDOHS and possibly the U.S. Department of Homeland Security.
It is also agreed that any report or printed mattee completed as a part of this agreement is
a work for hire and shall not be copyrighted by the subrecipient.
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XXXL CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS
Any television public service announcement that is produced or funded in whole or in part
by the subrecipient shall include closed captioning of the verbal content of such
announcement.
XXXII. 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 aU claims,
losses, liability, costs, or expe�ses (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, are caused by the act, omission,
negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents,
employees, or volunteers.
XXXIII. TERMINATION
a) AII parties reserve the right to terminate the Agreement in whole or in part due to the
failure of the subrecipient or the grantor to comply with any term or condition of the
Agreement, to acquire and maintain all required insurance policies, bonds, licenses
and permits or to make satisfactory progress in performing the Agreement. The staff
of either party shalt provide a written thirty (30) day advance notice of the termination
and the reasons for it
b) If the subrecipient chooses to terminate the contract before the grant deliverables
have been met then the AZDOHS reserves the right to collect all reimbursements
distributed' to the subrecipient.
c) The AZDOHS may, upon termination of this Agreement, procure, on terms and in the
manner that it deems appropriate, materials or senrices to replace those under this
Agreement. The subrecipient shall be liable to the AZDOHS for any excess costs
incurred bythe AZDOHS in procuring materials or services in substitution for those
due from the subrecipient.
XXXIV. CONTINUATION OF PERFORMANCE THROUGH TERMINATION
The subrecipient shall continue to perform, in accordance with the requirements of the
Agreement, up to the date of termination, as di�ected in the termination notice.
XXXV. PARAGRAPH HEADINGS
The paragraph headings in this Agreement are for convenience of reference only and do
not define, limit, enlarge, or otherwise affecf the scope, construction, or interpretation of
this Agreement or any of its provisions.
XXXVL 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 collectivefy they shall constitute one agreement.
XXXVII. AUTHORITY TO EXECUTE THIS AGREEMENT
Each individual executing this Agreement on behalf of the subrecipient represents and
warrants that he or she is duly authorized to execute this Agreement.
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XXXVIiI. SPECIAL CONDITfONS
a) The subrecipient must comply with the most recent version of the Administratnre
Requirements, Cost Principles, and Audit �equirements
b) The subrecipient acknowledges that U.S. Department of Homeland Security and the
AZDOHS reserves a royalty-free, non-exclusive, and irrevocable license to reproduce,
publish, or otherwise use, and authorize others to use, for Fede�at government
purposes: (a) the copyright in any work developed unde� an award or sub-award; and
{2) any rights of copyright to which a subrecipient purchases ownership with Federal
support. The subrecipienf shall consult with the AZDOHS regarding the allocation of
any patent rights that arise from, or are purchased with, this funding.
c) The subrecipient ag�ees that, when practicable, any equipment purchased with grant
funding shall be prominently marked as follows: "Purchased with funds provided
by the U.S. Department of Homeland Security."
d) The subrecipient agrees to cooperate with any assessments, statelnational evaluation
efforts, or information or data co0ection requests, inc}uding, but not limited to, fhe
provision of any information required for the assessment or evaluation of any activities
wi#hin this agreement
e} The subrecipient is prohibited frorn transferring funds between programs (State
Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program,
Ope�ation Stonegarden, and Metropolitan Medical Response System}
XXXIX. NOTICES
Any and aIP notices, requests, demands, or comrnunications by either party to this
Agreement, pursuant to or in connectiorr with this Agreement shaN be in writing be
delivered in person or $hall be sent to the respective parties at the foflowing addresses:
Arizona Departrnent of Homeland Security
1700 West Washingfon, Suite 210
Phoenix, AZ 85007
The subrecipient shall address alf programmatic notices relative to this Agreement to the
appropriate the AZDOHS staff; confact information at www.azdohs.qov.
The subreeipient shall submit reimbursement requests relative to this Agreement to the
appropriate the AZDOHS staff; contact information at www.azdohs.qov
The AZDOHS shalf address all notices relative ta this Agreement to:
�?�f�c��.('vmr�r���ni -�c� L�v� 10 �m� �- � T. vZ�'1 �
Enter'Iitle, First & Last Name above
Town of Marana
Enter Agency am �above . .
�� �2� �,`�.�.��,�a��_� � '�1
Enter S4reet Address
�2�N�►.. �-Z �S�b5�.3
Enter City, State, ZIP
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X�CX. IN WITNESS WHEREOF
The parties hereto agree to execute this Agreement.
FOR AND BEHALF OF THE
Town of Marana
FOR AND BEHALF OF THE
Arizona epartment omel d Security
Enter Agen above
r
f
aud,or;zed �ynature above Giibert M. 0rra ia
�`�'�int n�iam���������
�t 1 �-t I�o� a.
Errter LT1ate above
!� �
Date
(Please be sure to complete and mail two originaFdocuments to the Arizona Department of Home/and Security.)
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