HomeMy WebLinkAboutResolution 2013-108 2013 operation stonegarden programMARANA RESOLUTION NO. 2013-108
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 2013 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 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 l. SubgranteeAgreement 13-AZDOHS-OPSG-130427-01 betweentheArizona
Department of Homeland Security and the Town of Marana, attached to and�incorporated by this ref-
erence in this resolution as Exhibit A, is hereby approved and the Town M nager 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.
Marana Resolution 2013108 - 1 - �
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 19 day of November, 2013.
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Mayor Ed Hone
ATTEST:
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J celyn . ronson, Town Clerk
AS TO FORM:
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Cassid�, Town
�°`'
Mazana Resolution 2013108 - 2 -
, ,
EXHIBIT A
SUBGRANTEE AGREEMENT
Operation Stonegarden Overtime and Mileage
13-AZDOHS-OPSG �30427-01
Enter Grant Agreement Number above (e.g., 130xxx-xx)
Between
The Arizona Department of Homeland Security
And
Town of Marana
Enter the Name of the Subrecipient Agency Above
WHEREAS, A.R.S. § 4'1-4254 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 Subrecipierrt Agency Above
(subrecipient) for services under the terms of this Grant Agreement.
1. PURPOSE OF AGREEMENT
The purpose of this Agreement is to specify the responsibilities and procedures for the
subrecipienYs role in administering homeland security grant funds.
II. TERM OF AGREEMENT TERMINATION AND QMENDMENTS
This Agreement sha11 become effective on November 1, 2413 and shall terminate on
December 31, 2094. The obligations of the subrecipient as described herein will survive
termination of this agreement.
I11. DESCRIPTION OF SERVICES
The subrecipient shall provide the services for the State of Arizona, Arizona Department
of Homeland Security as approved in the grant application titled OPSG Overtime and
Mileage and funded at $�as ,366.00 (as may have been modified by the award
letter).
Enter Funded Amount above
IV. MANNER OF FINANCING
The AZDOHS shalL•
a) Provide up to $ �as ,366.00 to the subrecipient for services provided under
Paragraph I II. � er un e moun a ove
b) Payment made by the AZDOHS to the subrecipient shall be on a reimbursement
basis only and is conditioned upon receipt of proof of payment and applicable,
accurate and complete reimbursement documents, as deemed necessary by the
AZDOHS, to be submitted by the subrecipient. A listing of acceptable documentation
can be found at www.azdohs.qov. Payments will be contingent upon receipt of all
reporting requirements of the subrecipient under this Agreement.
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V. FISCAL RESPONSBILITY
It is understood and agreed that the total amount of the funds used under this Agreemenf
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. (f 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 spent by the subrecipient in accordance with the approved application.
For 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 immediately.
VI. FINANCIAL 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 of 1996 (P.L. 104 to 156),
the subrecipient must have an annua( audit conducted in accordance with OMB
Circular #A-133 ("Audits of States, Local Governments, and Non-profit
Organizations") if the subrecipient expends more than $500,000 from Federal awards.
If the subrecipient has expended more than $500,000 in Federal dollars, a copy of the
subrecipienYs audit report for the previous fiscal year and subsequent years within the
period of performance is due annually to AZDOHS by March 31 St
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 will be accomplished through a
combination of office-based reviews and onsite monitoring visits. Monitoring can
involve aspects of the work involved under this contract including but not limited to the
review and analysis of the financial, programmatic, equipment, performance and
administrative issues relative to each program and will identify areas where technical
assistance and other support may be needed.
VII. APPLICABLE FEDERAL REGULATIONS
The subrecipient must comply with the Funding Opportunity Announcement (FOA), Office
of Management and Budget (OMB) Circulars Code of Federal Regula#ions (CFR) and
other Federal guidance including but not limited to:
a) 44 CFR Chapter 1, Federal Emergency Management Agency, Department of
Homeland Security at http://www.access.qpo.qov/nara/cfr/waisidx 07/44cfrv1 07.html.
b) 2 CFR 225 Cost Principles for State, Local & Indian Tribal Governments (A-87 OMB
Circular), at http://www.access.qpo.qov/nara/cfr/waisidx 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-part 31.2, Contracts with Commercial Organizations.
OMB Circular A-133, Audits of States, Local Governments, and Non-Profit
P. Organizations, at http://www.whitehouse.qov/omblcirculars/a433/a133.html.
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c) 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments (formeriy OMB Circular A-102), at
http:!/149.168.212.15/mitigation/Library/44 CFR-Part 13.pdf. U.S. Department of
Homeland Security Authorized Equipment List (AEL), at
https:!/www.rkb.mipt.orglael.cfm 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 II,
Applicability of Office of Management and Budget Circulators; Part 18, Administrative
Review Procedure; Part 20, Criminal Justice Information Systems; Part 22,
Confidentiality of Identifiable Research and Statistical Information; Part 23, Crimina!
Intelligence System Operating Policies; Part 42, Non-discrimination Equal
Employment Opportunities Policies and Procedures; Part 61, Procedures for
Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Part 66, Uniform Administrative
Requirements for Grants and Co-operative Agreements to State and Lacal
Government.
included within the above mentioned guidance documents are provisions for the
following:
National Incident Management System (NIMS)
The subrecipient agrees to remain in compliance with National Incident Management
System (NIMS) Implementation initiatives as outlined in the FOA.
Environmentat Planning and Historic Preservation
The subrecipient shall comply with all applicable Federal, State, and Local environmental
and historic preservation (EHP) requirements and shall provide any information
requested by FEMA to ensure compliance with applicable laws including: National
Environmental Policy Act, National Historic Preservation Act, Endangered Species Act,
and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental
Justice (12898).Subrecipient shafl not undertake any project having the potential to
impact EHP resources without the prior approval of AZDOHS/FEMA, including but not
limited to communications towers, physical security enhancements, new construction,
and modifications to buildings that are 50 years old or greater. Subrecipient must comply
with all conditions placed on the project as the result of the EHP review. Any change to
the approved project scope of work will require re-evaluation for compliance with these
EHP requirements. If ground disturbing activities occur during project implementation, the
subrecipient must ensure monitoring of ground disturbance and if any potential
archeological resources are discovered, the subrecipient will immediately cease
construction in that area and natify FEMA and the appropriate State Historic Preservation
Office. Procurement and construction activities shall not be initiated prior to the full
environmental and historic preservation review.
Consultants/Trainers/Training Providers
Billings for consultants/trainers/training providers must include at a minimum: a
description of services; dates of services; number of hours for services performed; rate
charged for services; and, the total cost of services performed. ConsultanUtrainer/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 shall not exceed the maximum of $450 per day per consultant/trainer/training
provider unless prior written approval is granted by the AZDOHS. In addition to the per
day $450 maximum amount, the consultanUtrainer/fraining provider may be reimbursed
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reasonable travel, lodging, and per diem not to exceed the state rate. (temized 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
consultanfs/trainers/training providers.
Contracto rs/S u bcontractors
The subrecipient may enter in#o 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/FOA and DHS Program Guidance. 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 Casts
All grant funds expended for personnel, travel, lodging, and per diem must be consistent
with the subrecipienYs policies and procedures; and the State of Arizona Accounting
Manual (SAAM); must be applied uniformly to both federally financed and other activities
of the agency; and wilf be reimbursed at the most restrictive allowability and rate. At no
time will the subrecipienYs 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 internal agency procurement rules/policies and
must also comply with �ederal procurement rules/policies as outlined in section VII and
all procurement must comply with Arizona State procurement code and rules. The
Federal intent is that all Homeland Security Funds are awarded competitively. The
subrecipient shall not enter into a Noncompetitive {Sole or Single Source) procurement
agreement, unless prior written approval is granted by the AZDOHS. The
Noncompetitive Procurement Request Form and instructions are located on the AZDOHS
website,
http://www. azdohs,gov/Documents/G rants/NoncompetitiveProcurementRequestForm.xls.
Training and Exercise
The subrecipient agrees that any grant funds used for training and exercise must be in
compliance with the FOA. All training must be approved #hrough the ADEM/AZDOHS
training request process prior to execution of training contract(s}. All exercises must
utilize the FEMA Homeland Security Exercise and Evaluation Program (HSEEP) Toolkit
for exercise design, development and scheduling. Subrecipient agrees to:
a) Submit the HSEEP Toolkit Exercise Summary to AZDOHS with all Exercise Reimbursement
Requests.
b) Post aN exercises, documentation and After Action Reports/Improvement Plans via the
HSEEP Toolkit.
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c) Within 60 days of completion of an exercise, or as prescribed by the most recent HSEEP
guidance, the exercise host subrecipient 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 IX
Exercise POC, HSEEP(a�dhs.qov, the AZDOHS Strategic Planner, and the Arizona
Department of Emergency Management (ADEM) Exercise O�cer.
Nonsupplanting Agreement
The subrecipient shall not use funds to supplant State or Local funds or other resources
that would otherwise have been made available for this program/project. Further, if a
position created by a grant is filled from within, the vacancy created by this action must
be filled within thirty (30) days. If the vacancy is not filled within thirty (30) days, 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 A.R.S. § 41-4401—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, shall verify the employment eligibility of the
employee through the E-Verify program).
b) A breach of a warranty regarding compliance with immigration 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 afl property. The subrecipient
must adequately safeguard all such property and must assure that it is used for
authorized purposes as described in the FOA, grant application, and Code of Federal
Regulations (CFRs). 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 program or project for which it was
acquired as long as needed, whether or not the program or project continues to be
supported by federal grant funds. Theft, destruction, or loss of property shall be
reported to 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
fixture or lose its identity as a component of other equipment or plant.
c) A Capital Asset is any personal or real property, or fixture that has an acquisition cost
of $5,000 (Five Thousand Dollars) or more per unit and a useful life of more than one
year. If the Capital Asset current value is equal to or greater than $5,000 at the end
of life or required project activities is discontinued, the subrecipient must request and
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receive authorization from AZDOHS prior to disposition. The Equipment Disposition
Request form and Guidance is located on the AZDOHS website,
http://www.azdohs.govlDocuments.
d) A Property Control Form (if applicable) shall be maintained for the entire scope of the
program or project for which property was acquired through the end of its useful life
and/or disposition. All Nonexpendable Property and Capital Assets must be included
on the Property Control Form. The subrecipient shall provide AZDOHS a copy of the
Property Control Form with the final reimbursement request form, or no more than
forty-five (45) calendar days after the end of the Agreement. The Property Control
Form shall be updated and a copy provided to AZDOHS no more than forty-five (45)
calendar days after�equipment disposition, if applicable. The disposition of
equipment shall be in compliance with the AZDOHS Disposition Guidance.
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
(oss, damage, or theft of the property. Any loss, damage, or theft shall be
investigated.
(2) Adequate maintenance procedures must be developed #o 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 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 for and approved in writing by the
AZDOHS and shall be in compliance with the FOA.
VIII. 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 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 applicable Federal regulations for administrative requirements, costs
principles, and audits.
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The subrecipient must maintain adequate business systems to comply with Federal
requirements. The business systems that must be maintained are:
• Financial Management
• Procurement
• Personnel
• Property
• Travel
A system is adequate if it is 1) written; 2) consistently followed — it applies in all similar
circumstances; and 3) consistently applied — it applies to all sources of funds.
X. REPORTING REQUlREMENTS
Regular reports by the subrecipient shall include:
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 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
project has been fully completed and implemented, and there will be no further
updates, then the quarterly programmatic report for the quarter in which the project
was completed will be sufficient as the final report. The report should be marked as
final and should be inclusive of all necessary and pertinent information regarding the
project as deemed necessary by 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)
Ju[y 15 (period April 1— June 30)
October 15 (period July 1— September 30)
c) Property Control Form — if applicable
The subrecipient shal( provide AZDOHS a copy of the Property Control Form the
final reimbursement request form, or no more than forty-five (45) calendar days
after the end of the Agreement. The Property Control Form shall be updated and
provide a copy to AZDOHS no more than forty-five (45) calendar days after
equipment disposition, if applicable. The disposition of equipment must be in
compliance with the AZDOHS Disposition Guidance.
d) The Grant Funded Typed Resource Report — if applicable
The subrecipient shall email the AZDOHS Strategic Planner a copy of the Grant
Funded Typed Resource Report no more than forty-five (45) calendar days after
the end of the Agreement
http://www. azdohs. g ov/Documents/G rantslGrantFu ndedTyped ResourceReport. xlsx).
e) 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 Agreement no more than forty-five (45) calendar days after
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the end of the Agreement. Requests for reimbursement received later than the forty-
five (45) days after the Agreement termination will not be paid. The final
reimbursement request as submitted shall be marked FINAL.
The AZDOHS requires that all requests for reimbursement are submitted via U.S.
mail (United States Postal Service), FedEx, UPS, etc...or in person.
Reimbursements submitted via fax or by any electranic 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 shaU be submitted to 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 the express, prior written
consent of both parties.
XII. AMENDMENTS
Any change in this Agreement including but not limited to the Description of Services and
budget described herein, whether by modification or supplementation, must be
accomplished by a formal Agreement amendment signed and approved by and between
the duly authorized representative of the subrecipient and the AZDOHS.
Any such amendment shall 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
supplementation to this Agreement.
Xltl. US DEPARTMENT OF HOMELAND SECURITY AGREEMENT ARTICLES
Article 1– Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document after
an award has been made, including changes to period of performance or terms and
conditions, recipients will be notified of the changes in writing. Once notification has been
made, any subsequent request for funds will indicate recipient acceptance of the changes
to the award.
Article II - Compliance with Funding Opportunity Announcement
The recipient agrees that all allocations and use of funds under this grant will be in
accordance with the Funding Opportunity Announcement.
Article III - DHS Specific Acknowledgements and Assurances
All recipients of financia! assistance must acknowledge and agree—and require any sub-
recipients, contractors, successors, transferees, and assignees acknowledge and
agree—to comply with applicable provisions governing DHS access to records, accounts,
documents, information, facilities, and staff.
1. Recipients must cooperate with any compliance review or complaint investigation
conducted by DHS.
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2. Recipients must give DHS access to and the right to examine and copy records,
accounts, and other documents and sources of information related to the grant and
permit access to facilities, personnel, and other individuals and information as may be
necessary, as required by DHS regulations and other appficable laws or program
guidance.
3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS
officials and maintain appropriate backup documentation to support the reports.
4. Recipients must comply with all other special reporting, data collection, and evaluation
requirements, as prescribed by law or detailed in program guidance.
5. If, during the past three years, the recipienf has been accused of discrimination on the
grounds of race, color, national origin (including limited English proficiency), sex, age,
disability, religion, or familial status, the recipient must provide a list of all such
proceedings, pending or completed, including outcome and copies of settlement
agreements to the DHS awarding office and
the DHS Office of Civil Rights and Civil Liberties.
6. In the event any court or administrative agency makes a finding of discrimination on
grounds of race, color, national origin (including limited English proficiency), sex, age,
disability, religion, or familial status against the recipient, or the recipient settles a case or
matter alleging such discrimination, recipients must forward a copy of the complaint and
findings to the DHS Component and/or awarding office.
The United States has the right to seek judicial enforcement of these obligations.
Article IV - Use of DHS Seal, Logo and Flags
All recipients must obtain DHS's approval prior to using the DHS seal(s), logos, crests or
reproductions of flags or likenesses of DHS agency officials, including use of the United
States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast
Guard officials.
Artic(e V- USA Patriot Act of 2001
All recipients must comply with the requirements of the Uniting and Strengthening
America by Providing Appropriate Tools Required #o Intercept and Obstruct Terrorism Act
(USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. Among other things, the
USA PATRIOT Act prescribes criminal penalties for possession of any biological agent,
toxin, or delivery system
of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona
fide research, or other peaceful purpose.
Article VI - Trafficking Victims Protection Act of 2000
All recipients of financial assistance will comply with the requirements of the government-
wide award term which implements Section 106(g) of the Trafficking Victims Protection
Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 175. This is
implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume
72, No. 218,
November 13, 2007. In accordance with the statutory requirement, in each agency award
under which funding is provided to a private entity, Section 106(g) of the TVPA, as
amended, requires the agency to include a condition that authorizes the agency to
terminate the award, without penalty, if the recipient or a subrecipient —
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(a) Engages in severe forms of trafficking in persons during the period of time that
the award is in effect;
(b) Procures a commercial sex act during the period of time that the award is in
effect; or
(c) Uses forced labor in the performance of the award or subawards under the
award. Fu11 text of the award term is provided at 2 CFR § 175.15.
Article VII - Non-supplanting Requirement
All recipients must ensure that Federal funds do not replace (supplant) funds that have
been budgeted for the same purpose through non-Federal sources. Applicants or award
recipients may be required to demonstrate and document that a reduction in non-Federal
resources occurred for reasons other than the receipt of expected receipt of Federal
funds.
Article VIII - Lobbying Prohibitions
All recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds
provided under an award may be expended by the recipient to pay any person to
influence, or attempt to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with any Federal action concerning the award or renewal.
Article IX - Hotel and Motel Fire Safety Act of 1990
ln accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C.
§2225(a), all recipients must ensure that all conference, meeting, convention, or training
space funded in whole or in part with Federal funds complies with the fire prevention and
controt guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C.
§2225.
Article X- Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: Travel supported by
U.S. Government funds requirement, which states preference for the use of U.S. flag air
carriers (air carriers holding certificates under 49 U.S.C. §41102) for international air
transportation of people and property to the extent that such service is available, in
accordance with the International Air Transportation Fair Competitive Practices Act of
1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller
General of the United States in the March 31, 1981, amendment to Comptroller Generai
Decision B138942.
Article XI - Federal Debt Status
All recipients are required to be non-delinguent in their repayment of any Federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit
disallowances, and benefit overpayments. See OMB Circular A-129 and form SF-424,
item number 17 for additional information and guidance.
Article XII - False Claims Act and Program Fraud Civil Remedies
All recipients must comply with the requiremenfs of 31 U.S.C. § 3729 which set forth that
no recipient of federal payments shall submit a false claim for payment. See also 38
U.S.C. § 3801-3812 which details the administrative remedies for false claims and
statements made.
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Article XIII - Duplication of Benefits
State, Locai and Tribai Recipients must comply with 2 CFR Part §225, Appendix A,
paragraph (C)(3)(c), which provides that any cost allocabie to a particular Federal award
or cost objective under the principles provided for in this authority may not be charged to
other Federal awards to overcome fund deficiencies.
Article XIV - Drug-Free Workplace Regulations
All recipients must comply with the Drug-Free Workplace Act of 1988 (412 U.S.C. § 701
et seq.), which requires that all organizations receiving grants #rom any Federal agency
agree to maintain a drug-free workplace. These regulations are codified at 2 CFR 3001.
Article XV - Debarment and Suspension
All recipients must comply with Executive Orders 12549 and 12689, which provide
protection against waste, fraud and abuse by debarring or suspending those persons �
deemed irresponsible in their dealings with the Federal government.
Article XVI - Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an
acknowledgement of Government sponsorship {including award number) to any work �rst
produced under Federal financial assistance awards, unless the work includes any
information that is otherwise controlled by the Government (e.g., classified information or
other information subject to national security or export control laws or regulations).
Article XVII - Best Practices for Collection and Use of Personally Identifiable
Information (PII)
All award recipients who collect PII are required to have a publically-available privacy
policy that describes what PII they collect, how they use the PII, whether they share PI I
with third parties, and how individuals may have their PII corrected where appropriate.
Award recipients may also find as a useful resource the DHS Privacy Impact
Assessments:
http://www.dhs.gov/xlibrary/assets/privacy/privacy�ia_guidanceJune2010. pdf
and
http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_template.pdf, respectively.
Article XVIII - Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are
coordinated as necessary with appropriate government authorities and that appropriate
licenses, permits, or approvals are obtained.
Article XIX - Acknowledgement of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements,
press releases, requests for proposals, bid invitations, and other documents describing
projects or programs funded in whole or in part with Federal funds.
Article XX - Assurances, Administrative Requirements and Cost Principles
a. Recipients of DHS federal financial assistance must complete OMB Standard Form
4246 Assurances — Non-Construction Programs. Certain assurances in this form may not
be applicable to your project or program, and the awarding agency may require
applicants to certifiy to additional assurances. Please contact the program awarding office
if you have any questions. The administrative requirements that apply to DHS award
recipients originate from two sources:
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• Office of Management and Budget (OMB) Circular A-102, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local
Governments (also known as the "A-102 Common Rule"). These A-102
requirements are also located within DHS regulations at Title 44, Code of Federal
Regulations (CFR) Part 13.
• OMB Circular A-110, Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other Non- Profit
Organizations, relocated to 2 CFR Part 215.
b. The cost principles that apply to DHS award recipients through a grant or cooperative
agreement originate from one of the
following sources:
• OMB Circular A-21, Cost Principles for Educationa! Institutions, relocated to 2
CFR Part 220.
• OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal
Governments, relocated to 2 CFR Part 225.
• OMB Circular A-122, Cost Principles for Non-Profit Organizations, relocated to 2
CFR Part 230. The audit requirements for State, Local and Tribal �ecipients of
DHS awards originate from:
• OMB Circular A-133, Audits of States, Local Governments and Non-Profit
Organizations.
XIV. OFFSHORE PERFORMANCE OF WORK PROHIBITED
Due to security and identity protection concerns, all services under this Agreement shall
be performed within the borders of the United States. All storage and processing of
information shall be performed within the borders of the United States. This provision
applies to work performed by subcontractors at all tiers.
XV. AGREEMENT RENEWAL
This Agreement shall not bind nor purport to bind the AZDOHS for any contractual
commitment in excess of the original Agreement period.
XVI. 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 the number of days specified
in the demand, the AZDOHS af its option may terminate this Agreement.
XVII. CANCELLATION FOR CONFLICT OF INTEREST
The AZDOHS may, by written notice to the subrecipient, immediately cancel this
Agreement without penaity or further obligation pursuant to A.R.S. § 38-511 if any person
significantly involved in initiating, negotiating, securing, drafting or creating the Agreement
on behalf of the State or its subdivisions (unit of Local Government) is an employee or
agent of any other party in any capacity or a consultant to any other party to the
Agreement with respect to the subject matter of the Agreement. Such cancellation shall
be effective when the parties to the Agreement receive written notice from the AZDOHS,
unless the notice specifies a later time.
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XVIII. THIRD 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 fulfillment of this Agreement.
XIX. AVAILABILITY OF FUNDS
Every payment obligation of the AZDOHS under this Agreement is conditioned upon the
availability of funds appropriated 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 #uture payments or for any damages as a
result of termination under this paragraph, including purchases and/or contracts entered
into by the subrecipient in the execution of this Agreement.
XX. FORCE MAJEURE
!f either party hereto is delayed or prevented from the performance of any act required in
#his 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, pertormance
of such act will be excused for the period of the delay.
XXI. PARTIAL INVALIDtTY
Any term or provision of this Agreement that is hereafter declared contrary to any current
or future law, order, regulation, or rule, or which is otherwise invalid, shall be deemed
stricken from this Agreement without impairing the validity of the remainder of this
Agreement.
XXII. ARBITRATION
In the event of any dispute arising under this Agreement, written notice of the dispute
must be provided to the other party within thirty (30) days of the events giving the rise to
the dispute. The subrecipient agrees to terms specified in A.R.S. § 12-1518.
XXIII. GOVERNING LAW AND CONTRACT iNTERPRETATION
a) This Agreement shall be governed and interpreted in accordance with the laws of the
State of Arizona.
b) This Agreement is intended by the parties as a final and complete expression of their
agreement. No course of prior dealings between the parties and no usage of the
trade shall supplement or explain any terms in this document.
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 pertormance knows of the nature of
the performance and fails to object.
XXIV. ENTIRE AGREEMENT
This Agreement and its Exhibits constitute the entire Agreement between the parties
hereto pertaining to the subject matter hereof and may not be changed or added to
except by a writing signed by all parties hereto in conformity with 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
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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.
XXV. RESTRICTIONS ON LOBBYING
The subrecipienf shall not use funds made available to it under this Agreement to pay for,
influence, or seek to influence any officer or employee of a State or Federal government.
XXVI. LICENSING
The subrecipient, unless otherwise exempted by law, shall obtain and maintain all
licenses, permits, and authority necessary to perform those acts it is obligated to perform
under this Agreement.
XXVII. NON-DtSCRIMINATION
The subrecipient shall comply with all State and Federal equal opportunity and non-
discrimination requirements and conditions of employment, including the Americans with
Disabilities Act, in accordance with A.R.S. title 41, Chapter 9, Article 4 and Executive
Order2009-09.
XXVIIt. 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.
XXIX. SEVERABILITY
The provisions of this Agreement are severable. Any term or condition deemed illegal or
invalid shall not affect any other term or condition of the Agreement.
XXX. 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.
XXXI. OWNERSHIP OF INFORMATION PRINTED AND PUBLISHED MATERIAL
The AZDOHS reserves the right to review and approve any publications funded or
partially funded through this Agreement. All 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 the AZDOHS shail
have fufl 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 the
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 Securify. 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."
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The subrecipient also agrees that one copy of any such pubiication, 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 the requirement for submission of any specific publication upon
submission of a request providing justification 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 shall be published or otherwise distributed in any form without express written
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 copyrighted by the subrecipient.
XXXII. 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.
XXXI II. INDEMNIFICATION
To the extent permitted by law, each party (as indemnitor) agrees to indemnify, defend
and hold harmless the other party (as indemnitee) from and against any and all claims,
losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter
collectively referred to as claims) arising out of bodily injury of any person (including
death) or property damage, but only to the extent that such claims which result in
vicarious/derivative liability to the indemnitee, are caused by the act, omission,
negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents,
employees, or volunteers.
XXXIV. 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 all required insurance policies, bonds, licenses
and permits or to make satisfactory progress in performing the Agreement. The staff
of either party shall 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 services to replace those under this
Agreement. The subrecipient shall be (iable to the AZDOHS for any excess costs
incurred by the AZDOHS in procuring materiafs or services in substitution for those
due from the subrecipient.
XXXV. 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 directed in the termination notice.
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XXXVI. 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, construction, or interpretation of
this Agreement or any of its provisions.
XXXVII. COUNTERPARTS
This Agreement may be executed in any number of counterparts, copies, or duplicate
originals. Each such counterpart, copy, or duplicate original shall be deemed an original,
and collectively they shall constitute one agreement.
XXXVIII. 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.
XXXIX. SPECIAL CONDITIONS
a) The subrecipient must comply with the 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 royalty-free, non-exclusive, and irrevocable license to �eproduce,
publish, or otherwise use, and authorize others to use, for Federal 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 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/national evaluation
efforts, or information or data coltection requests, including, 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 transferring funds between programs (State
Homeland Securify Program, Urban Area Security Initiative, Citizen Corps Program,
Operation Stonegarden, and Metropolitan Medical Response System).
XL. NQTICES
Any and all notices, requests, demands, or communications by either party to this
Agreement, pursuant to or in connection with this Agreement shall be in writing be
delivered in person or shalf be sent to the respective parties at the following addresses:
Arizona Department of Homeland Security
1700 West Washington, Suite 210
Phoenix, AZ 85007
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The subrecipient shail address ali programmatic and reimbursement notices 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 fo:
Director of Community Developmenf and Neighborhood Services, T. VanHook
Enter Title, First & Last Name above
Town of Marana
Enter Agency Name above
11555 West Civic Center Drive
Enter Street Address
Marana, Arizona 85653
Enter City, State, ZIP
XLI
IN WITNESS WHEREOF
The parties hereto agree to execute this Agreement.
FOR AND BEHALF OF THE
Town of Marana
Enter Agency Name above
Authorized Signature above
Gilbert Davidson, Town Manager
Print Name & Title ab
November 19, 2013
Enter Date above
EXHIBIT A
FOR AND BEHALF OF THE
Arizona Department of Homeland Security
Gilbert M. Orrantia
�irector EXH I BIT A
Date
(Please be sure to complete and mail two original documents to the Arizona Department of Homeland Security.)
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