HomeMy WebLinkAboutResolution 2013-078 operation stonegarden grantMARANA RESOLUTION NO. 2013-078
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
REALLOCATED FUNDS UNDER THE 2011 OPERATION STONEGARDEN 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 to the
Town for the purchase of equipment for use in services provided in coordination 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 AgreementNumber 11-AZDOHS-OPSG-888425-03 betweenthe
Arizona Department of Homeland Security and the Town of Marana, attached to and incorporated by
this reference in this resolution as Exhibit A, is hereby approved and the Town Manager is hereby
authorized 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.
Marana Resolution 2013078 - 1 -
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 6 day of August, 2013.
Mayor Ed onea
ATTEST:
ocelyn C ronson, Town Clerk
AS TO FORM:
;Town
Marana Resolution 20130�8 - 2 -
SUBGRANTEE AGREEMENT (REALLOCATI�N)
(7PSG EQUIPMENT
11-AZDOHS-OPSG-888425-03
Between
The Arizona Department of Homeland Security
i i,
Marana Pofice Department
WHEREAS, A.R.S. § 41-4254 charges the Arizona Department of Homeland Security (AZDOHS)
with the respansibility of administe�ing funds.
THEREFORE, it is agreed that the }1ZDOHS sha(I provide funding #o the Marana Police
Department {subrecipient) for services under the terms of this Grant Agreement.
PURPOSE OF AGREEMENT
The purpose of this Agreement is to specify the responsibilities and procedures for the
subrecipient's role in administering hameland security grant funds.
II. TERM OF AGREEMENT, TERMINATION AND AMENDMENTS
This Agreement shall become effective on Juty 1, 2093 and shall terminate on June 30,
2014. The abligatians of the subrecipient as described herein will survive termination of
this agreement.
111. DESCRIPTION OF SERViCES
The subrecipient shall provide the services for the State af Arizona, Arizona Department
of Homeland Security as approved in the grant application titled "Equipment" and funded
at $20,500.00 {as may have been modified by the award tetter).
IV. MANNER OF FINANCING
The AZDOHS shall:
a) Provide up to $20,500.00 to the subrecipient for services provided under
Paragraph IIL
b) Payment made by the AZDOHS to the subrecipient sha11 be on a reimbursement
basis on(y and is canditioned upon receipt of proof of payment and applicable,
accurate and comp(ete reimbursement documents, as deemed necessary by the
AZDOHS, to be submitted by the subrecipient. A listing of acceptable documentation
can be found at www.azdohs.gov. Payments will be contingent upon receipt of all
reporting requirements of the subrecipient under this Agreemen#.
V. FISCAL RESPONSBtLITY
It is understood and agreed that the total amount of the funds used under this Agreement
shall be used only far the project as described in the application. Any modification to
quantity or scope of wark must be preapproved in writing by the AZDOHS. Therefore,
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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 cast than the original
budget called for, the amount reimbursed to the subrecipient shall be for only the amount
of dollars actually spent by the subrecipient in accordance with the approved application.
Far any funds received under this Agreement for which expenditure is disallowed by an
audit exemption or otherwise by the AZDOHS, the State, or Federal government, the
subrecipient shall reimburse said funds directly to the AZDOHS immediatefy.
VI. FlNANCtAL AUDIT/PROGRAMATIC 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. 7501-
7507), as amended by the Single Audit Act Amendments af 1996 (P.L. 104 to 156),
the subrecipient must have an annual audif co�ducted in accordance with OMB
Circular #A-133 ("Audits of States, Local Governments, and Non-profit
Organizations") if the subrecipient expends ►nore than $500,000 from Federal awards.
If the subrecipient has expended more than $500,000 in Federal doElars, a copy of the
subrecipient's audit report for the previous fiscal year and subsequent years within the
period of performance is due annuaily to AZDOHS by March 31
b) Subrecipients will be monitored periodically by the AZDOHS staff, 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 wilf be accomplished through a
combination of ofFice-based reviews and onsite monitaring visits. Monitoring can
involve aspects of fhe work involved under this contract including but not limited to the
review and analysis of the financial, pragrammatic, performance and administrative
issues relative to each program and wif( identify areas where technical assistance and
other support may be needed.
VII. APPLtCABLE FEDERAL REGULATIONS
The subrecipient must comply with the grant guidance Office of Management and Budget
(OMB) Circulars Code of Federal Regulations (CFR) and other Federal guidance
including but not limited ta
a) 44 CFR Chapter 1, Federal Emergency Managemen# Agency, Department of
Homeland Security at http://www.access.gpo.qovinara/cfr/waisidx 07/44cfrv1 07.html.
b) 2 CFR 225 Cost Principles for State, Locai & Indian Tribal Governments (A-87 OMB
Circular}, at http://www.access.qpo.qov/naralcfr/waisidx 07J2cfr225 Q7.html.
Cost Principles: 2 CFR Part 225, State and Local Govemments; 2 CFR Part 220,
Educationai Institutians; 2 CFR Part 230, Non-Profit Organizations; Federal
Acquisition Regulation Sub-part 31.2, Contracts with Commercial Organizatians.
OMB Circular A-133, Audits of States, Local Governments, and Non-Profit
Organizations, at http:l/www.whitehouse.qov/omb/circulars/a133/a133.htmf.
c) 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments (formerly {�MB Circular A-102), at
http:!/149.168.212.15/mi#iqation/Library/44 CFR-Part 13.pdf. U.S. Department of
Homeiand Security Authorized Equipment List (AEL), at
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https:/Iwww.rkb.mipt.at'q/aet.cfm 2 CFR Part 215, Insfitutions of Higher Education,
Hospitals and �ther Non-Profit Organizations.
d) 28 CFR applicable to grants and caoperative agreements, including Part !I,
Appticability of Office of Management and Budget Circulatars; Part 18, Administrative
Review Pracedure; Part 20, Criminal Justice Information Systems; Part 22,
Confidentiality of Identifiable Research and Statistica! Information; Part 23, Criminal
Intelligence System Operating Policies; Part 42, Non-discrimination Equal
Emplayment Opportunities Palieies and Procedures; Part 61, Procedures for
Implementing the National Environmental Policy Act; Part 63, Floodptain Management
and Wetland Protection Procedures; and Part 66, Uniform Administrative
Requirements far Grants and Co-operative Agreements to State and Local
Government.
Included within the above mentioned guidance dacuments are provisions for fhe
fotlowing:
N(MSCAST
The subrecipient agrees to complete the Nationa( fncident Management System
Compliance Assistance Support Tool (NIMSCAST) and remain in compliance.
Environmental Ptanning and Historic Preservation
The subrecipient shall comply with a(I applicable Federal, State, and Local environmental
and historic preservatian (EHP) requirements and shall provide any information
requesfed by FEMA to ensure compiiance with applicable faws including: National
Environmental Policy Act, National Historic Preservation Act, Endangered Species Act,
and Executive Orde�s on Flaodplains (11988), Wetlands (11990} and Environmental
Justice (12898}.Subrecipient shall not undertake any project having the patentiat to
impact EHP resources without the prior approval of AZDOHS/FEMA, including but nat
limited to communications towers, physical security enhancements, new construction,
and modi�cations to buildings that are 50 years ald or greater. Subrecipient must comply
with atl conditians placed on the project as the resuit of the EHP review. Any change to
the approved project scope of work will require re-evaivation for compliance with these
EHP requirements. If ground disturbing activities occur during project implementation, the
subrecipient must ensure monitoring of ground disturbance and if any potential
archeolagical resources are discovered, the subrecipient wi{l immediately cease
constructian in that area and notify FEMA and the apprapriate State Historic Preservation
Office. Procurement and construction_activities shall not be initiated prior to the full
environmental and historic preservatian review.
Consultants/Trainersffraining Providers
Billings for consultants/trainersltraining providers must include at a minimum: a
description of services; dates af services; number of hours for services performed; rate
charged far services; and, the total cost of services performed. Consultant/trainer/training
provider casts must be within the prevaiiing rates; must be obtained under consistent
treatment with the procurement policies of the subrecipient and 44 CFR Chapter 1, Part
13; and shaA not exceed the maximum of $450 per day per consu[tant/trainerltraining
pravider 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
reasonable travel, lodging, and per diem not to exceed the state rate. Itemized receipts '
are required for lodging and travel reimbursements. The subrecipient will not be
reimbursed cos#s other than travet, lodging, and per diem on travel days for
consultants/trainersJ#raining providers.
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Contractors/Subcontractors
The subrecipient rnay enter into written subcontract(s) for perfarmance of certain of its
€unctions under the contract in accordance with terms established in the OMB Circulars,
Code of Federal Regulatians, 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 #or performance of its duties. The subrecipient shall give the AZDOHS
immediate notice in writing by certified mai! of any action or suit filed and prompt notice of
any claim made against the subrecipient by any subcontractor or vendor which in the
opinian of the subrecipient may result in litigation related in any way to the Agreement
with the AZDOHS.
Personnel and 'fravel Costs
All 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
federaHy financed and other activities of the agency. At no time wil! 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 compEy wi#h all internal agency procurement rules/palicies and
must also comply with Federa! procurement ru{eslpolicies as outlined in section VII and
afl procurement must comply with Arizona State procurement cade and na(es. The
Federal intent is that a(I Homeland Security Funds are awarded competitively. The
subrecipient shall not enter into a Sole or Single Source procurement agreement, unless
prior written approval is granted by the AZDOHS.
Training and Exercise
The subrecipienf agrees that any grant funds used for training and exercise must be in
compliance with grant guidance. Ali training must be approved through the
ADEMlAZDOHS training request process prior to execution of training contract(s). Alf
exercises must utilize the FEMA Homeland Security Exercise and Evaluation Program
(HSEEP) Toolkit for exercise design, developrnent 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 Actian Repo�ts/Improvement Plans via the
HSEEP Toolkit.
c} Within 6p days of completion of an exercise, the exercise host subrecipent is required to
upload the AAR/IP into the HSEEP Toolkit and email the AAR/IP to the local County
Emergency Manager, the FEMA Region 1X Exercise POC, HSEEPCa7dhs:qov, the AZDOHS
Strategic Planner, and the Arizona Department of Emergency Management (ADEM) Exercise
Officer.
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Nonsupplanting Agreement
The subrecipient shall not use funds to supplant State or Locai funds or other resources
that would atherwise have been made availabie for this program/project. Further, if a
position created by a grant is fil(ed from within, the vacancy created by this action must
be filled within thirty (3Q) days. If the vacancy is not filled within thirty (30) days, the
subrecipient must stop charging the grant far the new positian. Upon filling the vacancy,
the subrecipient may resume charging for the grant pasition.
E-Verify
Compliance requirements for A.R.S. § 41-4401-immigration laws and E-Verify
requirement.
a) The subrecipien# warrants compliance with all Federal immigration laws and
regulations relating fo emplayees and warrants its compliance with Section A.R.S. §
23-214, Subsection A. (That subsection reads: "After December 39, 2007, every
employer, after hiring an employee, shall verify the errtployment eligibility of the
emplayee through the E-Verify program).
b) A breach of a warranty regarding campliance with immigratian laws and regulations
shall be deemed a material breach of the contract and the subrecipient may be
subject #o penalties up ta and including termination of the Agreement.
c) The AZDOHS retains the legal right to inspect the papers of any employee who warks
on the Agreement to ensure that the subrecipient is camplying with the warranty
under paragraph (a} above.
Property Cantrol
Effective control and accountability must be maintained'#or all 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 applicatian. The subrecipient shall
exercise cautian in the use, maintenance, profection and preservatian of such property.
a) Equipment shall 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 cantinues to be
supported by federal grant funds. Theft, destruction, or lass of property shall be
reparted to the AZDOHS immediately.
b) Nonexpendable Property is property which has a continuing use, is not consumed in
use, is of a durabls nature with an expected service life of one or more years, has an
acquisition cost of $300 (Three Hundred Dollars} or mere, 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 Thausand Dollars} or more per unit and/or a usefu( life of more than
one year. When use of the Capital Asset for project activities is discontinued, the
subrecipient sha(I requesUreceive authorization from AZDOHS prior to disposition.
d) A Property Control Form shall be maintained for the entire scope of the program ar
praject for which property was acquired through the end af its usefuf life and/or
disposition. Nonexpendable Property and Capital Assets must be includsd on the
Proper#y Control Form. When disposition of Nonexpenctable Property and Capital
Assets occurs the subrecipient shaU submit an updated Property Control Form fio
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 ta equipment monitoring and auditing by state or federal authorized
representatives to verify information.
fl A physical inventory of the Nanexpendable Property and Capital Assets must be
taken and the results reconciled with the Properry Contro( Form at least once every
two years.
(1} A control sys#em must be developed to ensure adequate safeguards to prevent
loss, damage, or theft of the praperty. Any loss, damage, or theft shali be
investigated.
(2) Adequate maintenance procedures must be developed to keep the property in
good condition.
Allowable Costs
The allowability of costs incu�red under #his agreement shall be determined in
accordance with the general principles of allowability and standards for selected cost
items as set farth in the applicable OMB Circulars, Cade af Federal Regulations,
autharized equipment lists and guidance documents referenced above.
a) The subrecipient agrees that grant funds are not to be expended for any indirect casts
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 explicitly applied far and approved in wtiting by the
AZDOHS and shalf be in compliance with Grant Guidance.
Vltl. DEBARMENT CERTtFICATtON
The subrecipient agrees to comply with the Federal Debarmerrt 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 maintain funds received under this Agreement in separate ledger
accounts and cannot mix these funds with other sources. The subrecipient must manage
funds according to app(icable Federal regulations for administrative requirements, costs
principles, and audits.
The subrecipient must maintain adequate business systems to comply with Federal
requirements. The business systems that must be maintained are:
• Financial Management
• Procurement
• Personnei
• Property
• Trave{
A system is adequate if it is 1} written; 2) consistently followed — it applies in al! similar
circumstances; and 3} consistently applied — it applies to all sources of funds.
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X. REPORTfNG REQUfREMENTS
Regular reports by the subrecipient shali inciude:
a) Programmatic Reports
The subrecipient shail 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 shaE! use the form provided by the AZDOHS to submit quarterly
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.qov. If the scope of the
proje�t has been fully complefed 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 finai report. The report should be marked as
final and should be inclusive of all necessary and pertinent information regarding the
project as deemed necessary by the AZDOHS. Quarter(y programmatic reports sha11
be submitted to the AZDOMS until #he entire scope of the project is completed
b) Quarterly Programmatic Reports are dus:
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 '[ — September 30)
c) Financial Reimbursements
The subcecipient shatl pravide as frequently as monthly but not less than
quarterly requests for reimbursement Reimbursements shall be subrnitted 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 af
the terminatian of this Agreement no more than forty-�ve (45) calendar days after
the end of the Agreement. Requests far reimbursement received later than the forty-
five (45) days after the Agreement termination will not be paid. The final
reimbursement request as submitted shaU be marked FfNRL.
The AZDOHS requires that atl requests for reimbursement are submitted via U.5
mail (United States Postal Service), FedEx, UPS, etc... oc in person.
Reimbursements submitted via fax or by any electronic means will not be accepted.
The AZDOHS reserves the right fo request andlor require any supporting
documentafion it feels necessary in order to process reimbursemen#s.
Alt reports shall be submitted #o the contact person as described in Paragraph XXXIX,
NOTICES, af this Agreement.
XL ASSIGNMENT AND DELEGATFON
The subrecipient may not assign any rights hereunder without the express, priar written
consent of both parties.
Xlt. AMENDMENTS
Any change in this Agreement including but nat limited to the Description of Services and
budget described herein, whether by modification or supplementation, must be
accomplished by a forma! Agreement amendment signed and approved by and between
the duly authorized representative ofi the subrecipient and the AZDOHS.
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Any such amendment shall specify: 1) an effective date; 2} any increases ar decreases in
the amount of the subrecipient's compensation if appticab{e; 3) be titled as an
"Amendment," and 4) be signed by the parties identified in the preceding sentence. The
subrecipient expressly and expficitly understands and agrees that no other method af
communication, including any other dacument, correspondence, act, or oral communication
by or from any person, shall be used or construed as an amendment or modification or
supplementation to this Agreemenf.
Xllt. OFFSHORE PERFORMANCE OF WORK PRCyHIBITED
Due to security and identity protection concerns, all services under this Agreement shaEl
be performed within the borders of the United States. All storage and pracessing of
infarmation shalf be pertormed within the borders of the United States. This provision
applies to work performed by subcontractars at all tiers.
X1V. AGREEMENT RENEWAL
This Agreement shall not bind nor purport to bind the AZDOHS far any contractual
commitment in excess of the original Agreement period.
XV. RIGHT TO ASSURANCE
If the AZDOHS in good faith has reason ta 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 sub�ecipient fails to provide written assurance within the number of days specified
in the demand, the AZDOHS at its option may terminate this Agreement.
XVt. CANCELLATION FOR CONfLtCT OF INTEREST
The AZDOHS may, by written noticeto the subrecipient, immediately cancel this
Agreement withaut 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 af the S#ate 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 shati
be effective when the parties to the Agreement receive written notice from the AZDOHS,
unless fhe notice specifies a tater time.
XVIL THtR� PARTY ANTITRUST VIOLATIONS
The subrecipient assigns 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 fulfiltment of this Agreement.
XVIII. AVAILABILITY OF FUNDS
Every payment obligation of the AZDOHS under this Agree►nent is conditioned upon the
availability of funds appropriated or al(ocated 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. Na
liability shall accrue to the AZD4HS 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 af termination under this paragraph, including purchases andlor contracks 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 prevented from the perfarmance of any act required in
fhis Agreement by reasan of acts of God, strikes, lockauts, labor disputes, civil disorder,
or other causes without fault and beyond the control of the party obligated, performance
of such act wil! be excused fo� the period of the delay.
XX. PARTIAL INVAtlDITY
Any term o� provision of this Agreement that is hereafter declared contrary to any current
or future law, order, regulation, or rule, or which is otherwise invalid, sha11 be deemed
stricken from this Agreement without impairing the validity af the remainder of this
Agreement.
XXI. ARBITRATION
in the event of any dispute arising under this Agreement, written notice of the dispute
must be provided fo the other party within thirty (30} days of the events giving the rise to
the dispute. The subrecipient agrees to terms specified in A.R_S. § 12-1518.
XXII. GOVERNING LAW AND CONTRACT INTERPRETATI4N
a) This Agreerrtent 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 pa►ties and no usage of the
trade shaA supplement or explain any terms in this dacument.
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.
XXIIL 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 canfarmity with Paragraph X,
REPORTING REQUIREMENTS; provided; however, that the AZDOHS shall 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 fufly 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 available to it under this Agreement ta pay for,
influence, or seek to influence any officer or employee of a State or Federal government.
XXV. LICENSING
The subrecipient, unless atherwise exempted by law, shall obtain and maintain all
licenses, permits, and authority necessary to perform those acts it is obiigated to perform
under this Agreement.
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XXVi, NON-DISCRtMINATION
The su6recipient shaii comply with ail State and Federai equai oppoetunity and non-
discrimination requirements and conditions of empioyment, inciuding the Americans with
Disabilities Act, in accordance with A.R.S. title 41, Chapter 9, A�ticle 4 and Executive
Order2009-Q9.
XXVII. 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.
XXVlIL SEVERABILITY
The provisions of this Agreement are severable. Any term or conditian deemed iUegal or
invalid shall not affect any other term or condition of the Agreement.
XXlX. 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 INFORMATfON PRINTEQ AND PUBLISHED MATERIAL
The .AZDOHS reserves the right to review and approve any publications funded or
partially funded through this Agreement. Att publications funded or partially funded
through this Agreement shall recognize the AZDOHS and the U.S. Department of
Homeland Security. The U.S. Department of Homeland Security and #he AZDOHS shall
have full and complete rights to reproduce, duplicate, disclose, perfarm, and otherwise
use al( materials prepared under this Agreement.
The subrecipient agrees that any repo►t, printed matter, or publication (written, visual, ar
sound, but excluding press releases, newsletters, and issue analyses} issued by the
subrecipient describing programs or projects funded in who(e or in part with Federal funds
shall contain the fo(lowing statemenfi
"This document was prepared under a grant from U.S. �epartment of
Homeland Security. Points of view or opinions expressed in this
document are those of the authors and do not necessarily represent
the official position or policies of the U.S. Department of Homeland
Security."
The subrecipient also agrees that one copy of any such publication, report, printed
matter, or publication shall be submitted to the AZDOHS to be p(aced an file and
distributed as appropriate to other potential sub-recipisnts or interested parties. The
AZDOHS may waive the requirement for submission of any specific publication upon
submission of a request providing justification fram 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 resuiting from this
Agreement shal! be published or otherwise distributed in any form without express wriften
permission from the AZDOHS and possibly the U.S. Department of Homeland Security.
It is also agreed that any report or printed matter completed as a part of this agreement is
a work for hire and shall not be capyrighted by the subrecipient.
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XXXi. CLUSED-CAPTIONING OF PUBLIC SERVICE ANN�UNCEMENTS
Any television public service announcement that is produced or funded in whale or in part
by the subrecipient shall include closed captioning of the verbaE content of such
announcement.
XXXII. (NDEMNIFICATION
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 praperty damage, but only to the e�ctent that such cfaims which result in
vicarious/derivative liability to the indemnitea, are caused by the act, omission,
negligence, misconduct, or other fault of the indemnitor, i�s officers, o�cials, agenfs,
employees, or volunteers.
XXXI[I. TERMINATION
a) All 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 a11 required insurance policies, bonds, licenses
and permits or to make satisfactory progress in performing the Agreement. The staff
of either party shall pravide a written thirty (3Q) 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 ta collect all reimbursements
distributed to the subrecipient.
c) The AZDOHS may, upon termination of this Agreement, procure, on terms'and in the.
manner #hat it deems appropriate, materials or services to replace thase 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 far those
due from #he subrecipient.
XXXIV. CONTINUATION OF PERFORMANCE THROUGH TERMINATION
The subrecipient shall continue to perform, in accordance with the requirements of the
Agreement, up #o the 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, limit, enlarge, or otherwise affect the scope, constructian, 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
originafs. Each such counterpart, copy, or duplicafie original shall be deemed an original,
and collectiveiy they shall constitute one agreement.
XXXVII. AUTHORITY TO EXECUTE THlS AGREEMENT
Each individual executing this Ag�eement an behalf of the subrecipient represents and
warrants that he or she is duly authorized to execute this Agreement
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XXXVIII. SPECIAL C4NDITIONS
a) The subrecipient must comply with the most recent version of the Administrative
Requirements, Cost Principtes, and Audit requirements
b) The subrecipient acknowledges that U.S. Department of Homeland Security and the
AZDOHS reserves a royafty-free, non-exclusive, and irrevocable license to reproduce,
publish, or otherwise use, and authorize others to use, for Federa! government
purposes: (a) the copyright in any work developed under an award or sub-award; and
(2} any rights of copyright to which a subrecipient purchases ownership with Federal
support. The subrecipient shall consult with the AZDOHS regarding the allocation of
any patent rights that arise from, or are purchased with, this funding.
c) The subrecipient agrees that, when practicable, any equipment purchased with grant
funding shall be prominent(y marked as follows: "Purchased with funds provided
by the U.S. Department of Homeland Security."
d) The subrecipient agrees to cooperate with any assessments, statelnafional evafuation
efforts, or information or data collection requests, including, but not limited to, the
provision of any information required for the assessment or evaluation of any activities
within this agresment.
e) The subrecipient is prohibited from transferring funds between programs (State
Homeland Security Program, Urban Area Security (nitiative, Citizen Corps Program,
Operation Stonegarden, and Metropoiitan Medical Response System}.
XXXIX. NQTICES
Any and all notices, requests, demands, or communications by either party to this
Ag�eement, 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:
Arizona Department of Homeland Security
1700 West Washington, Suite 210
Phoenix, AZ 85Q07
The subrecipient shall address all programmatic notices relative to this Agreement to the
appropriate the AZDOHS staff; contact information a# wwrw.azdohs.qov.
The subrecipient shall submit reimbursement requests relative to this Agreement to the
appropriate the AZDOHS staff; contact information at www.azdohs.gov
The AZDOHS shall address all notices relative to this Agreement to:
Enter Title, First & last Name above
Enter Agency Name above
Enter Street Address
Enter City, State, ZIP
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XXXX. IN WlTNESS WHEREOF
The parties hereto agree ta execute this Agreement.
FOR AND BEHALF OF THE
Enter Agency Name above
Authorized Signafure above
Print Name & T'dle above
Enter Date abave
FOR AND BEHAi.F OF THE
Arizona Department of Homeland Security
Gilbert M. Orrantia
Director
Date
(Please be sure to complete and mait two original documents to the Arizona Department of Homeland Security.}
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