HomeMy WebLinkAboutResolution 2012-091 realting to Police and Operation Stone Garden Grant ProgramMARANA RESOLUTION NO. 2012-091
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE
TOWN MANAGER TO EXECUTE A SUBGRANTEE AGREEMENT WITH THE ARIZONA
DEPARTMENT OF HOMELAND SECURITY FOR PURPOSES OF RECEIVING FUNDS
UNDER THE 2012 OPERATION STONEGARDEN GR.ANT 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 O�eration Stonegarden Program; and
WHEREAS the Arizona Department of Homeland Security has awarded grant funding to the
Town for the provision of overtime pay and mileage reimbursement for services provided in coordi-
nation 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 Department of Homeland Security to be eligible to
receive funds related to the Operation Stonegarden Program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. Subgrantee Agreement 12-AZDOHS-OPSG-999431-01 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�iibit 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 all 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. 2012-091 1 U15/2012
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 20�' day of November, 2012.
�
�
� Mayor Ed onea
ATTEST:
ocelyn . ronson, Town Clerk
APPROVED AS TO FORM:
� ������
�`� Cassidy, Town Attorney
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Marana Resolution No. 2012-091 I 1/15/2012
SUBGRANTEE AGREEMENT
OPSG OVERTlME AND MILEAGE
12- 99943'I-01
Errier Grant Agreement Number above {e.g., 999xxx-xx)
Between
The Arizona Department of Hometand 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
EMer the Narr�e !he Subrecipient Agency Above
(subrecipient) for services under the terms of this Grant Agreemenf.
!. PURPQSE OF AGREEMENT
The purpose of this Agreement is to specify #he responsibilities and procedures forthe
subrecipient's role in administering homeland security grant funds. '
II. TERM OF AGREEMENT. TERMINATION AND AMENDMENTS
This Agreement shaii become effective on November 4, 2012 and shall terminate on
December 31, 2013. The obligations of the subrecipient as described herein will survive
termination of this agreement.
III. DESCRIPTION OF SERVICES
The subrecipient shaH provide the services for the State of Arizona, Arizona Department
of Homeland Security as approved in the grant application titled
« Overtime and Milea e "
EMer Title of Application
and funded at $ 140�OQ0.00 (as may have been modified by the award letter).
Enter Funded Amount above
1V. MANNER OF FINANCING
The AZDOHS shaH:
a) Provide up to $140 OOO.OQ to the subrecipient for services provided under
Paragraph III, �"� �" n►ou
b) Payment made by the AZDOHS to the subrecipient shalt be on a reimbursement
basis only and is conditioned upon receipt of proof of payment and appiicable,
accurate and complete reimbursement documents, as deemed necessary by the
AZDOHS, to be submitted by the subrecipient. A listing of acceptable documentation
can be found at wwuv.a�dohs.gov. Payments wiN be contingent upon receipt of all
reporting requirements of the subrecipient under this Agresment.
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V. FISCAL RESPONSBILITY
It is understood and agreed that the tofai amount of the funds used under this Agreement
shall be used only for the project as described in the application. Any modifrcation 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 #unds directly
to the AZDOHS immediately. if the project is completed at a lower cost than the origina!
budget cal(ed for, the amounf reimbursed to the subrecipient shali be for only the amount
of dollars actually spent by the subrecipient in accordance with the approved apptication.
For any funds received under this Agreement for which expenditure is disallowed by an
audit exemption or otherwise by the AZDOHS, the State, or Federai government, the
subrecipient shall reimburse said funds directly to the AZDOHS immediately.
VL FINANCIAL AUDIT/PROGRAMATiC MONITOR[NG
The subrecipient agrees to terms specified in A.R.S. § 35-294 and § 35-215.
a) In addition, in compliance with the Federal Single Audit Act (31 U.S.C. par. 7501-
7507), as amended by#he Single Audif Acf Amendments of 1996 (P.L. 104 to 156),
the subrecipient must have an annual audit conducted in accordance with OMB
Circular #A-133 ("Audifs of States, Local Governments, and Non-profit
Organizations") if the subrecipient expends more fhan $500,000 from Federal awards.
If the subrecipient has expended more than $500,000 in Federal dollars, a copy of #he
subrecipient's audit repart for the previous fiscal year and subsequent years within the
period of performance is due annually to AZDOHS by March 31�`.
b} Subrecipients will be monitored periodicaUy by the AZDOHS staff, both
programmaticatly and financially, to ensure that the project goals, objectives,
performance requirements, timelines, milestone completion, budgets, and other
related progcam criteria are being met. Monitoring wiU be accamplished through a
combination of office-based reviews and onsite monitoring visits. Monitoring can
involve aspects of the work involved under this contract including but no# limifed to the
review and anaiysis of the financial, programmatic, performance and administrative
issues �elative to each program and will identify areas where technical assistance and
other support may be needed.
VII. APPUCABLE FEDERAL REGULATIONS
The subrecipient must comply with the grant guidance Office of Management and Budget
(OMB) Circulars Code of Federal Regulations (CFR) and other Federat guidance
including but nof limited to:
a) 44 CFR Chapter 1, Federal Emergency Managemen# Agency, Department of
Homeland Security at http:/lwww.access.qpo.qov/nara/cfr/waisidx 07/44cfrv1 07.htm1.
b) 2 CFR 225 Cost Principles for State, Local & Indian Tribal Governments (A-87 OMB
Circular), at htta://www.access.qpo.qov/nara/cfdwaisidx 07/2cfr225 07.html.
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-p�rt 39.2, Contracts with Commercial Organizations.
OMB Circular A-133, Rudits of States, Locat Governments, and Non-Profit
Organizations, at htta://www.whitehouse.�ov/omblcirculars/a133la133.htm1.
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c) 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments (formerly OMB Circular A-102), at
httn://149.168.212.15/mitiqation/Librar�//44 CFR-Part 13.pdf. U.S. Department of
Homeland Security Authorized Equipment List (AEL), at
https:!/www.rkb.mipt.orq/ael.cfm 2 CFR Part 215, (nstitutions of Higher Education,
Hospitals and Other Non-Profit Organizations.
dJ 28 CFR appiicable to grants and cooperative agreements, including Part tl,
Appiicability of Office of Management and Budget Circulators; Part 18, Administrative
Review Procedure; Part 20, Criminal Justicelnformation Systems; Part 22,
Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal
Intelligence Sysfem Operating PoEicies; 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
Requiremenfs for Grants and Co-operative Agreements to State and Local
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.
Environmenta! Planning and Historic Preservation
The subrecipient shall comply wifh all applicable Federal, State, and Local environmental
and historic preservation (EHP) requirements and sha11 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), Weflands (11990) and Environmental
Justice (12898).Subrecipient shall not undertake any project having the potential to
impact EHP resources without the prior approval of RZD4HS/FEMA, including but not
limited to communications towers, physical security enhancements, new construction,
and mod�cations 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 wilt require re-evatuation for compliance with these
EHP requirements. If ground disturbing activities occur during project implementation, the
subrecipient must ensure monitoring af ground disturbance and �f any potentiat
archeological resources are discovered, the subrecipient will immediately cease
construction in that area and notify FEMA and fhe,appropriate State Histaric Preservation
Office. Procurement and construction activities shall not be initia#ed prior to the fult
environmenfal and historic preservation review.
ConsultantstTrainers/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 the subrecipient and 44 CFR Chapter 1, Part
13; and shal� not exceed the maximum of $450 per day per consultant/trainer/training
provider unless prior written approval is granted b�r the AZDOHS. !n addition to the per
day $450 maximum amount, the consultantltrainer/training provider may be reimbursed
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reasonabie travei, lodging, and pe� diem not to exceed the state rate. itemized receipts
are required for lodging and travei reimbursements. The subrecipient wili not be
reimbursed costs other than t�avel, 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 Circutars,
Code of Federal Regulations, DHS Guidance and DHS Prograrn Guide. The subrecipient
agrees and understands that no subcontract that the subrecipienf enters into with respect
to performance under this Agreement shali in any way relieve the subrecipient of any
responsibilities for performance of its duties. The subrecipient shali give the AZDOHS
immediate notice in writing by certified mail of any action or suit filed and prompt notice of
any claim made againsf the subrecipient by any subcontractor or venclor wrhich in the
opinion of the subrecipient may resuit in litigation related in any way to the Agreement
with the AZDOHS.
Personnel and Travel Costs
Ail grant funds expended for personnel, travel, lodging, and per diem must be consistent
with the subrecipient's policies and procedures and must be applied uniformly to both
federaliy financed and other activities of the agency. At no time wiQ the subrecipient's
reimbursement(s) exceed the State rate estabiished by the Arizona Department of
Administration, General Accounting Office Travei Policies: http://www.gao.state.gov.
Procurement
The subrecipient shall comply with ali intemai agency procurement rules/policies and
musf also comply with Federai procurement rules/policies as outlined in section VII and
all procurement must comply with Arizona State procurement code and rules. The
Fede�al intent is that all Homeland Security Funds are awarcled competitively. The
subrecipient shall nat enter into a Sole or Single Source procurement agreement, unless
prior written approval is granted by the AZDOHS.
Training and Exercise
The subrecipient agrees that any grant funds used for training and exercise must be in
compliance with grant guidance. AU training must be approved fhrough the
ADEM/AZDOHS training request process prior ta execution of training contract{s). All
exercises must utilize the FEMA Homeland Seeurity Exercise and Evaluation Program
(HSEEP) Toolkit for exercise design, development and scheduling. Subrecipient agrees
to:
a) Submit the HSEEP Toolkit Exercise Summary to AZDOHS with all Exercise Reimbursement
Requests.
b) Post all exercises, documentation and After Action Reports/Improvement Plans via the
HSEEP Toolkit.
c) Wi#hin 60 days of completion af an exercise, the exercise host subrecipent is required to
upload the AAR/IP into the HSEEP Toolkif and email the AAR/iP to the local County
Ernergency Manager, the FEMA Region !X Exercise POC, HSEEP(a�dhs.qov, the AZDOHS
St�ategic Planner, and the Arizona Department of Emergency Management (ADEM) Exercise
Officer.
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Nonsuppianting Agreement
The subrecipient shail not use funds to supplanf State or Local funds or other resources
that would otherwise have been made available fo� this program/project. Further, if a
position created by a grant is fiiled from within, the vacancy created by this action must
be filied within thirty (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 subrecipienf may resume charging for the grant position.
E Verify
Compliance requirements for A.R.S. § 41-4401—immigration laws and E-Verify
requirement.
a) The subrecipient warrants compiiance with ail Federal immigration laws and
regulations relating #o employees and warrants its compliance with Section A.R.S. §
23-2'14, Subsection A. (That subsection reads: "After December 31 t 2007, every
employer, after hiring an employee, shall verify the employment eligibility of the
employee through the E-Uerify program).
b) A breach of a warranty regarding compliance with immigration laws and regutations
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 refains the legal right to inspect the papers of any employee who works
on the Agreement to ensure that the subrecipient is complying wi#h the warranty
under paragraph (a) above. -
Property Control
Effective control and accountability musfi be maintained for all property. The subrecipient
musf adequately safeguard all such praperty and must assure that it is used solely for
authorized purposes as described in the guidance and application. The subrecipient shall
exercise caution in the use, maintenance, protection and preservation of such property.
a) Equipment shall be used by the subrecipient in the pragram or project for which it was
acquired as lang as needed, whether or not the program or project continues to be
supported by federal grant funds. Theft, destruction, or loss of property shaA be
reported to the AZDOHS 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
fixfure ar lose its identity as a component of other equipment or plant.
c) A Capital Asset is any personal or rea4property, orfixfure that has an acquisition cost
of $5,000 (Five Thousand Dollars} or rnore per unit and/or a useful life of more than
one year. When use of the Capital Asset #or praject activities is discontinued, the
subrecipient shall request/receive autharization from AZDOHS prior to disposition.
d) A Property Control Form shall be maintained for the entire scope of the pragram or
praject for which property was acquired through the end of its useful life and/vr
disposition. Nonexpendable Property and Capital Assets must be ineluded on the
Property Control Form. When disposition of Nonexpendable Property and Capital
Assets occurs the subrecipient shall submit an updated Properfy Control Form to
AZDOHS.
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e) Upon submission of the final quarterly programmatic report the subrecipient must file
with the AZDOHS a copy af fhe Property Control Form. The subrecipient agrees to be
subject to equipment moniforing and auditing by state or federal authorized
representatives to verify infa►mation.
fl A physicai inventory of the Nonexpendable Property and Capital Assets must be
taken and the resuits reconciled with the Properry Control Form at ieast once every
two years.
{1) A controt system must be developed to ensure adequate safeguards to prevent
loss, damage, or theft of the property. Any loss, damage, or theft sha0 be
investigated.
(2) Adequate maintenance procedures must be developed to keep the property in
good condifion.
Allowable Costs
The allowability of costs incurred under this agreement shall be determined in
accordance with the generai principles of allowability and standards for selected cost
items as set forth in the applicable OMB Circulars, Code of Federai Regulations,
authorized equipment lists and guidance documents referenced above.
a) The subrecipient agrees that grant funds a�e not to be expended for any indirect costs
that may be incurred by the 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 incurred by the subrecipient for
administering these funds unless explicitiy applied for and approved in writing by the
AZDOHS and shalf be in complianee with Grant Guidance.
VIII. DEBARMENT CERTIFICATION
The subrecipient agrees to compiy with the Federal Debarment and Suspension
regulations as outlined in the "Cert�cation Regarding Debarment, Suspension,
Ineligibility and Vofuntary Exclusion — �ower Tier Covered Transactions."
IX. FUNDS MANAGEMENT
The subrecipient must maintain funds received under this Agreement in separate ledger
accounfs and cannot mix these funds with othe� sources. The subrecipient must manage
funds according to applicable Federal regulations for administrative requirements, costs
principles, and audifs.
The subrecipient must maintain adequate business systems to comply with Federal
requirements. The business systemsthat must be maintained are:
• Financial Management
• Procurement
• Personnel
• Property
• Travel
A system is adequate if it is 1) written; 2} consistently foflowed — it applies in alf similar
circumstances; and 3) consistently apptied — it appties to all sources of funds.
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X. REPORTING REQUtREMENTS
Regular reports by the subrecipient shail include:
a) Programmatic Reports
The subrecipient shall provide quarteriy programmatic reports to the AZDOHS within
fiftesn (15) working days of the last day of the quarter in which services are provided.
The subrecipient shal! use the form provided by the AZDOHS to submit quarterly
programmafic reports. The report shali contain such information as deemed
necessary by the AZDOHS. The subrecipient shali use the Quarteriy Programmatic
Report Format template, which is posted at www.azdohs.qov. if the scope of the
project has been fuily compisted and implemented, and fhere wili be no further
updates, then the quarterly programmatic report far the quarter in which the project
was compiefed will be sufficient as the fina! report. The report should be marked as
final and shouid be inclusive of all necessary and pertinent information regarding the
project as deemed necessary by the AZDOHS. Quarteriy programmatic repo�ts shall
be submitted to the AZDOHS until the enfire 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 Aprit 1— June 30)
October 15 (period July 1— September 30)
c) Financial Reimbursements
The subrecipient shali provide as frequently as monthly but not less than
quarterly requests for reimbursement. Reimbursements shall be submitted with
fhe Reimbursemenf Form provided by the AZDOHS staff. The subrecipient shalf
submit a final reimbursement for expenses received and invoiced prior to the end of
the termination of this Agreement no more than forty-five (45) catendar days after
#he end of the Agreement. Requests for reimbursement received later than the forty-
five (45) days after the Agreement termination wifl not be paid. The final
reimbursement request as submitfed shall be marked FINAL.
The AZDOHS requires that all requests for r�imbursemerrt are submitted via U.S.
mail (United States Postat Service), FedEx, UPS, etc...or in person.
Reimbursements submitted via fax or by any electronic means will not be accepted.
The AZDOHS reserves the right to request and/or require any supporting
documentation it feels necessary in order to process reimbursements.
All reports shall'�e submitted fo the contact person as described in Paragraph XXXIX,
NOTICES, of this Agreement.
XI. ASSIGNMENT AND DELEGATION
The subrecipient may not assign any rights hereunder without fhe express, prior written
eonsenf 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 modi�cation or supp{ementation, must be
accomplished by a forrnal Agreement amendment signed and approved by and befween
the duly autliorized representative of the subrecipient and the AZDOHS.
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Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in
fhe amount of the subrecipient's compensation if applicable; 3} be tit(ed as an
°Amendment," and 4) be signed by the parties identified in the preceding sentence. The
subrecipient expressly and expiicitly understands and agrees that no other method of
communication, including any other document, correspondence, act, or orai communication
by or from any person, shall be used or construed as an amendment or modification or
suppiementation to this Agreemenf.
Xill. OFFSHORE PERFORMANCE t?F WORK PROHIBITED
Due to security and identity protection concerns, ali services under this Agreement shall
be performed within the borders of the United States. Ali storage and processing of
information shaA be performed within the bo�ders of the United, States. This provision
applies to work performed by subcontractors at all tiers.
XIV. AGREEMENT RENEWAL
This Agreemen# shall not bind nor purport to bind the AZDOHS for any contractuai
cornmitment in excess of the originai 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 to provide written assurance within #he numbe� of days specified
in the demand, the AZDOHS at its option may terminate this Agreement.
XVI. CANCEL�ATION FOR CONFLICT OF INTEREST
The AZDOHS may, by written notice to the subrecipient, immediately cancel this
Agreement without penafty or further obligation pursuant to A.R.S. § 38-511 if any person
significantly involved in initiating, negotiating, securing, drafting or crea�ing the Agreement
on behalf of the State or its subdivisions (unit of Local Govemment) 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 canceqation shall
be effective when the parties to the Agreement receive written notice from #he AZDOHS,
unless the notice specifies a later time.
XVII. THIRD PARTY ANTITRUST VIOLATIONS
The subrecipient assigns the State of Arizona any claim for overcharges resulting feorn
antitrust violations to the extent that such violations concern materials or services
supplied by third parties to subrecipient toward fulfillment of this Agreement.
XVI11. AVAILABILITY OF FUNDS
_ Every payment obligation of the AZDOHS under this Agreement is conditianed upon the
availability of funds appropriated or allocated for the payment of such obligations. If the
funds are not allocated and available far the continuance of this Agreement, the AZDOHS
may terminate this Agreement af the end of the period for which fiunds are available. No
liability shalt 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
resalt af termination urtder this paragraph, including purchases and/or contracts entered
into by the subrecipient in the execution of fhis Agreement.
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XIX. 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, tockouts, labor disputes, civil disorder,
or other causes without fault and beyond the control of the party obligated, performance
of such act wiil be excused #or the period of the delay.
XX. PARTIAL INVALIDITY
Any term or provision of this Agreemenf that is hereafter deciared contrary ta any cunent
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.
XXI. ARBITRATION
ln the event of any dispute arising under this Agreement, written notice of the dispufe
must be provided to the other party wifhin thirty (30) days of the events giving #he rise to
the dispute. The subrecipient agrees to terms specified in A.R.S. § 12-1518.
XXiI. GOVERNING LAW AND CONTRACT INTERPRETATION
a) This Agreement shaH be governed and interpreted in accordance with the laws of the
State of Arizona.
b) This Agreement is intended by the parties as a finat and compiete expressian of their
agreement. No course af prior dealings between the parties and no usage of the
trade shail supplement or expiain any terms in this document.
c) Either party's failure to insist on strict pertormance af 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.
XXIII. 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 ali parties hereto in conformity with Paragraph X,
REPORTfNG REQUIREMENTS; provided; however, that the AZDOHS shall have the
right to immediately amend this Agreement so that it complies with any new legislation,
1aws, ordinances, or rules affecting this Agreemen#. 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 subject matter hereof, are
hereby superseded or merged herein.
XXIV. RESTRICTIONS ON LOBBYING
The subrecipient shall not use funds made availabte to if under this Agreement to pay for,
influence, or seek to influenee any o�cer or employee of a State or Federal govemment.
XXV. LICENSING
The subrecipient, unless otherwise exempted by law, shalt obtain and maintain all
licenses, permifs, and au#hority necessary to perform thase acts it is obligated to perfarm
under this Agreement.
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XXVI. NON-DISCRIMtNATION �
The subrecipient shali compiy with all State and Federal equal opportunity and non-
discrimination requirements and conditions of employment, inciuding the Americans with
Disabilities Act, in accordance with A.R.S. fitfe 44, Chapter 9, Articte 4 and Executive
Order2009-09.
XXVIt. SECTARIAN REQUESTS
Funds disbursed pursuant to this Agreement may not be expended for any sectarian
purpose or activity, including sectarian warship or instructian in violation of the United
States or Arizona Constitutions.
XXViII. SEVERABILITY
The provisions of this Agreement a�e severable. Any term or condition deemed iilegal or
invalid shall not affect any ather term or condition of the Agreement.
XXIX. ADVERTISING AND PROMOTION OF AGREEMENT
The subrecipient shall not advertise or pubiish infarmafion for commerciai benefit
concerning this Agreement without#he written approvaf of the AZDOHS.
XXX. OWNERSHIP OF JNFORMATION,, PRINTED AND PUBLISHED MATERIAL,
The AZDOHS reserves the righYto review and approve any pubiications funded or
partially funded through this Agreement. All pubiications funded or partially funded
through this Agreement shali recognize the AZDOHS and the U.S. Department of
Homeland Security. The U.S. Department of Homeland Security and the AZDOHS shall
have #u!I and complete rights to reproduce, dupiicate, disciose, perform, and otherwise
use all materials prepared under this Agreement.
The subrecipient agrees that any report, printed matter, or publication (written, visuai, or
sound, but excluding press releases, newslefters, and issue analyses) issued by #he
subrecipient describing programs or projects funded in whole or in part with Federai funds
shail confain the following statement:
"This document was pcepared 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 official posifion or policies of the U.S. Departmenf of Homeland
Securify."
The:subrecipient also agrees that one copy of any such pubtication, report, printed
matter, or publication shall 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 #he requirement for submission of any specific publicatian upon
submission of a request providing justification from the subrecipient.
The AZDOHS and the subrecipient recognize that research resulting f�om this Agreement
has the potential to become public information. However, prior to the termination of this
Agreement, the subrecipient agrees that no research-based da#a resulting from this
Agreement shall be published or otherwise distribufed in any form withaut express written
permission from fhe AZDOHS and possibly the U.S. Department of Homeland Security.
tt is also agreed that any repart or printed matter completed as a part of fhis agreement is
a work for hire and shall not be copyrighted by the subrecipient.
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XXXI. 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 inciude closed captioning of the verbal content of such
announcement.
XXXii. INDEMNIFiCATiON
To the extenY permitted by law, each party (as indemn�tor) agrees to indemnify, defend
and hoid harmiess the other party (as indemnitee) from and against any and ali claims,
losses, liability, costs, or expenses (including reasonabie attarney's fees) (hereinafter
col{ectively 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
vicariouslderivative liability to the indemnitee, are caused by the act, omission,
negligence, misconduct, or other fault of the indemnitor, its officers, o�ciais, agents,
employees, or volunteers.
XXXIII. TERMINATiUN
a) Ail parties reserve the right to terminate the Agreement in whole or in pa�t due,to the
failure of the subrecipient or fhe grantor to comply with any term or condition of the
Agreement, to acquire and mainfain ail required insurance policies, bonds, licenses
and permifs or to make satisfactory progress in performing the Agreement. The staff
af e�ther party shali provide a written thirty (30) day advance notice of the termination
and the reasons fo� it.
b) 1f the subrecipient chooses to terminate the contract before thegrant deliverabies
have been met then the AZD�HS reserves the righf to coliect ail reimbursements
distributed to the subrecipient
c) The AZDOHS may, upon termination of #his Agreement, procure, on terms and in the
manner that it deems appropriafe, materials or services to replace those under this
Agreement. The subrecipient shall be liable to the AZDOHS for any excess costs
incurred by the AZDOHS in procuring materials or services in substitution for those
due from the subrecipient.
XXXIV. CONTlNUAT10N OF PERFORMANCE THROUGN TERMINATION
The subrecipient shall continue to pertorm, in accardance with the requirements of the
Agreement, up to fhe date of termination, as directed in the termination notice.
XXXV. PARAGRAPH HEADINGS
The paragraph headings in this Agreement are for convenience of reference only and do
not define, limif, enlarge, or otherwise affect the scape, construction, or interpretation of
this Agreement or any of its provisions.
XXXVI. COUNTERPARTS
This Agreement may be executed in any number of counterparts, copies, or duplicate
originals. Each such counferpart, copy, or duplicate original shall be deemed an original,
and collectively they shaU 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 autharized to execute this Agreement.
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XXXVI(!. SPECIAL CONDlTIONS
a) The subrecipient must comply with fhe most recent version of the Administrative
Requirements, Cost Principles, and Audit requirements
b) The subrecipient acknowledges that U.S. Department of Homeland Security and the
AZDOHS reserves a royaity-free, non-exciusive, and irrevocable license to reproduce,
publish, or othervvise use, and authorize others to use, for Federai government
purposes (a) the copyright in any work developed under an award or sub-award; and
{2) any rigfits of copyright to which a subrecipient purchases ownership with Federal
support. The subrecipient shall consult with the AZDOHS �egarding fhe ailocation of
any patenf rights fhat arise from, or are purchased with, this funding.
c) The subrecipient agrees 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, state/nationai evaluation
efforts, or info�rnation or data coilection �equests, inciuding, but not limited to, the
provision of any information required for the assessment or evaluation of any activities
within this agreement.
e) The subrecipient is prohibited from transfemng funds between programs (State
Homeland Securify Program, Urban Area Security lnitiative, Citizen Corps Prog�am,
Operation Stonegarden, and Metropolitan Medicaf Respanse System).
XXXIX. NOTICES
Any and all notices, fequests, demands, or communica#ions by either party to this
Agreement, pursuant to or in connection with fhis Agreement shall be in writing be
delivered in person or sha11 be sent to the respective parties at the following addresses:
Arizona Department of Homeland Security
1700 West Washington, Suite 210
Phoenix, AZ 85007
The subrecipient shaN address all programmafic notices relative to this Agreement to the
appropriate the AZDONS sfaff; contact information at www.azdohs.aov.
The subrecipient shall submit reimbursement requests relative to this Agreement to the
appropriate the AZDOHS staff; contact information at www.azdohs.youv
The AZDOHS shal! address aH notices relative to this Agreement to:
S`�� rt°[�a. (''„�»m�) II t'��.�"1 �as7. j�.Yx1 �� vT3� 1�C
Entef Title, First & Last Name above
Town of Marana
Enter Agency�ame above , .
.
Enter Street Address
�� �.r� � ..�tkz. $S_ !��
Errter City, State, ZIP
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XXXX. IN WITNESS WHEREOF
The parties hereto agree to execute this Agreement.
fOR AND BEHALF OF THE
Town of Marana
Enter I\qency Name above
POR AND BEHALF OF THE
Arizona Department of Homeland Security
Authorized Signature above
Print Name & Title abrnne
Enter Date above
Giibert M. Orrantia
Director
Date
�
:�t�s��r �o�n�.
(Please be sure to complete and mail two original documents to the Arizona Department of Homeland Security.)
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