HomeMy WebLinkAboutResolution 2021-023 Approving the Disaster Assistance Agreement for Funding Related to COVID-19 Expenses MARANA RESOLUTION NO. 2021-023
RELATING TO EMERGENCY MANAGEMENT; APPROVING AND AUTHORIZING
THE FINANCE DIRECTOR TO EXECUTE THE DISASTER ASSISTANCE AGREEMENT
FOR FEDERALLY DECLARED DISASTERS WITH THE DEPARTMENT OF
EMERGENCY AND MILITARY AFFAIRS, DIVISION OF EMERGENCY
MANAGEMENT, STATE OF ARIZONA, FOR FUNDING RELATED TO COVID-19
EXPENSES
WHEREAS the United States Congress passed the Coronavirus Aid, Relief, and
Economic Security (CARES) Act on March 27, 2020; and
WHEREAS the CARES Act established the Disaster Relief Fund, appropriating
funding for major disasters declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act; and
WHEREAS the Department of Emergency and Military Affairs, Division of
Emergency Management, State of Arizona (DEMA), has awarded funding to the Town
of Marana for purchases of personal protective equipment (PPE) and other materials
related to the COVID-19 disaster; and
WHEREAS the Town Council finds that it is in the best interests of the community
to enter into a disaster assistance agreement with DEMA to receive the funding.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Disaster Assistance Agreement for Federally Declared Disasters
with the Department of Emergency and Military Affairs, Division of Emergency
Management,State of Arizona, in substantially the form attached to and incorporated by
this reference in this resolution as Exhibit A,is hereby approved and the Finance Director
is hereby authorized to execute it for and on behalf of the Town of Marana.
SECTION 2. The Town Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms,
obligations, and objectives of the agreement.
00074254.DOCX/1
Marana Resolution No.2021-023
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 16th day of February, 2021.
,14" ---
Mayor Ed Honea
AT .:S APPROVED AS TO FORM:
- ���. �' 0
Cherry L. La son, Town Clerk Jan/Trail, Town Attorney
41IL
IAAZ
ESTABLISHED 1977
00074254.DOCX/1
Marana Resolution No.2021-023
EXHIBIT A
�;' r� STATE OF ARIZONA
! ` `' " DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS *ir,,4
1401*
.� • /y 5636 East McDowell Road I
Phoenix,Arizona 85008-3495 P
(602)267-2700 DSN:853-2700 'I'r
Douglas A.Ducey Major General Michael T.McGuire
GOVERNOR
THE ADJUTANT GENERAL
January 27, 2021
Yiannis Kalaitzidis, Finance Director
Applicant Agent
Town of Marana
11555 W. Civic Center Drive
Marana, AZ 85653
Re: Award Package#1
FEMA-4524-DR-AZ
Town of Marana
Mr. Kalaitzidis,
Enclosed is the Town of Marana Award Package#1 for the approved Project Worksheet, listed
below, for DR 4524—COVID-19.
State Grants Emmie Approved Eligible
PW# Project Title Portal # PW# Amount
CV-382 CV-382 PPE 160351 PW-116 $28,459.29
This package includes the following items:
1) A copy of your Approved Project Worksheet
2) AZ PA 204-15 Request for Payment Form-after you have incurred costs(partial or in full),
complete this form per the instructions and submit directly to my office for reimbursement.
You can submit requests for reimbursements as you incur costs; you do not need to wait
until the Project is completed.
Please review the enclosed package and contact me at(602)464-6232 or Duke.Joneskazdema.gov
with any concerns. If you do not have any questions at this time,please continue to move forward
with project completion.
Sincerely,
.z._
Duke Jo
Infrast cture Coordinator TOWN OF MARANA
TOWN ATTORNEY
Enclosures FEB 0 2 2021
RECEIVED
i
Department of Homeland Security
Federal Emergency Management Agency
General Info PW -116 CV-382 FEMA#160351
Project# 160351 Project Type Standard
Project Category B-Emergency Protective Measures Applicant Town of Marana(019-44270-00)
Project Title CV-382 PPE Event 4524DR-AZ(4524DR)
Damage Description and Dimensions
The Disaster#4524DR,which occurred between 01/20/2020 and Ongoing, caused:
Damage#415644; Emergency Protective Measures (Damage for Project[160351] CV-382 PPE)
On March 13,2020,the President declared the ongoing Coronavirus Disease 2019(COVID-19)pandemic of sufficient severity and
magnitude to warrant an emergency declaration for all states,tribes,territories,and the District of Columbia pursuant to section 501(b)
of the Robert T.Stafford Disaster Relief and Emergency Assistance Act,42 U.S.C.5121-5207(the"Stafford Act").State,territorial,tribal,
and local government entities and certain private non-profit organizations are eligible to apply for Public Assistance.
In response to the pandemic,on April 4th,2020 the State of Arizona received a Major Disaster Declaration under
Presidentially declared FEMA-4524-DR,(the Arizona Covid-19 Pandemic event).The incident Period is from January 20,
2020 and ongoing.
During the incident period of 1/20/2020 through Ongoing,COVID-19 created an immediate threat to the health and safety of
the general public requiring emergency response and protective measures.
r Provided Provision of Supplies and Commodities for the Town of Marana for the prevention of virus spread.
Procured personal protective equipment and sourced materials/supplies at 11555 W.Civic Center Drive
Marana,AZ 85653 from 3/5/2020 to 8/19/2020.
Final Scope
,4156441 Damage for Project [160351] CV-382 PPE
The purpose of this Streamlined Project is to provide funding to the Town of Marana for COVID-19
emergency response activities for the procurement of PPE and other supplies and materials starting from
03/05/2020 through 08/19/2020.
The project cost estimate is prepared based on applicant-provided costs in response to FEMA DR-4524-
AZ (a Covid-19 declared event).
Work Completed
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In response to the COVID-19 Public Health Emergency,the applicant purchased Personal Protective
Equipment(PPE)and other Supplies and Materials in order to carry out emergency protective measures
needed to prevent or slow the spread of novel coronavirus during the COVID-19 pandemic.
Town of Marana
A. Materials: $28,459.29
• Materials purchased include N95 Mask, Face Shields, Disposable Masks, Reusable Masks,
Disinfectant Wipes, Clorox, Nitril Gloves, Spray Bottles, Hand Sanitizer, Ties and Tapes, Signs,
Chains and Padlocks, Plastic Barriers, Social Distancing Floor Markers.
Work Completed Total:$28,459.29
Total Project Cost: $28,459.29
Project Notes:
1. Scope and cost were developed based on applicant cost summaries and certification included in the
Schedule EZ—Small Project Estimate. See attachment: SL 160351 Cost Validation.xlsx
Grant Conditions
Contracts must include a Termination for Convenience clause.
FEMA will not approve PA funding that duplicates funding or assistance provided by another Federal
agency, including the U.S. Department of Health and Human Services, Centers for Disease Control and
Prevention, and the United States Department of Agriculture.
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FEMA will only reimburse for PPE/medical supplies and equipment provided to and used by Applicants and
essential workers as necessary to prevent the spread of infection as directed by public health officials not
to exceed the duration of the HHS public health emergency declaration for COVID-19.
Approval of funding for the purchase of PPE is conditioned upon the Applicant meeting the following
requirements prior to close-out and/or final version for expedited projects:
1. The Recipient, and any subrecipient funded through this and associated subgrants, must provide an
internal control plan for accounting for intake, distribution, tracking,and handling of excess commodities and
personal protective equipment(PPE)funded by this and associated prior subgrants for the same purpose.
Handling of excess must comply with 2 CFR§ 200.314 (supplies)and 2 CFR§ 200.313 (equipment).
2. The Recipient and any subrecipient must provide the current bum rate for each identified category of
PPE under this and associate subawards purchased (for example, N95 masks, surgical masks, and gowns)
3. The Recipient and any subrecipient must provide a current accounting of previously distributed PPE
under this and associate subawards by jurisdiction or entity(i.e. by local government, hospital system,etc.)
The level of disinfection work proposed for Healthcare and other public facilities needs to comply with the
Centers for Disease Control and Prevention(CDC) recommendations for Healthcare or Community
Facilities that have been occupied or visited by those Suspected or Confirmed of having Coronavirus
Disease 2019. For any additional, non-routine disinfection work undertaken by the Applicant, the Applicant
must demonstrate that the work was taken at the direction or guidance of a Public Health Official and that it
complies with CDC recommendations for disinfection of subject Facilities.
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Cost
Code Quantity Unit Total Cost Section
9009(Material) 1.00 Lump Sum $28,459.29 Completed
CRC Gross Cost $28,459.29
Total Insurance Reductions $0.00
CRC Net Cost $28,459.29
Federal Share(75.00%) $21,344.47
Non-Federal Share(25.00%) $7,114.82
Subgrant Conditions
• As described in Title 2 Code of Federal Regulations(C.F.R.)§200.333,financial records,supporting documents,statistical
records and all other non-Federal entity records pertinent to a Federal award must be retained for a period of three(3)
years from the date of submission of the final expenditure report or,for Federal awards that are renewed quarterly or
annually,from the date of the submission of the quarterly or annual financial report,respectively,as reported to the Federal
awarding agency or pass-through entity in the case of a subrecipient.Federal awarding agencies and pass-through entities
must not impose any other record retention requirements upon non-Federal entities.Exceptions are stated in 2 C.F.R.
§200.333(a)—(f)(1)and(2).All records relative to this project are subject to examination and audit by the State,FEMA and
the Comptroller General of the United States and must reflect work related to disaster-specific costs.
• The Recipient must submit its certification of the subrecipient's completion of all of its small projects and compliance with all
environmental and historic preservation requirements within 180 days of the applicant's completion of its last small project,
or the latest approved deadline,whichever is sooner.
• The terms of the FEMA-State Agreement are incorporated by reference into this project under the Public Assistance award
and the applicant must comply with all applicable laws,regulations,policy,and guidance.This includes,among others,the
Robert T.Stafford Disaster Relief and Emergency Assistance Act;Title 44 of the Code of Federal Regulations;FEMA
Policy No.104-009-2,Public Assistance Program and Policy Guide;and other applicable FEMA policy and guidance.
• The DHS Standard Terms and Conditions in effect as of the declaration date of this emergency declarations or major
disaster,as applicable,are incorporated by reference into this project under the Public Assistance grant,which flow down
from the Recipient to subrecipients unless a particular term or condition indicates otherwise.
• The Uniform Administrative Requirements,Cost Principles,and Audit Requirements set forth at Title 2 Code of Federal
Regulations(C.F.R.)Part 200 apply to this project award under the Public Assistance grant,which flow down from the
Recipient to all subrecipients unless a particular section of 2 C.F.R.Part 200,the FEMA-State Agreement,or the terms and
conditions of this project award indicate otherwise.See 2 C.F.R.§§200.101 and 110.
• The subrecipient must submit a written request through the Recipient to FEMA before it makes a change to the approved
scope of work in this project.If the subrecipient commences work associated with a change before FEMA approves the
change,it will jeopardize financial assistance for this project.See FEMA Policy No. 104-009-2,Public Assistance Program
and Policy Guide.
• Pursuant to section 312 of the Stafford Act,42 U.S.C.5155,FEMA is prohibited from providing financial assistance to any
entity that receives assistance from another program,insurance,or any other source for the same work.The subrecipient
agrees to repay all duplicated assistance to FEMA if they receive assistance for the same work from another Federal
agency,insurance,or any other source.If an subrecipient receives funding from another federal program for the same
purpose,it must notify FEMA through the Recipient and return any duplicated funding.
Insurance
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Additional Information
12/11/2020
Per the Deduction Section of the Streamlined Application,the Applicant is confirming that they do not have insurance for the activities identified in Section II
of the Streamline Application Project worksheet. Further,Section II of the Streamlined Application Project,the Applicant has confirmed that a reasonable
effort to recover insurance proceeds that they are entitled to receive from their insurer(s)has been taken. Insurance proceeds are not anticipated.
FEMA requires the Applicant to take reasonable efforts to pursue claims to recover insurance proceeds that it is entitled to receive from its insurer(s).In the
event that any insurance proceeds are received for these expenses those proceeds must be reduced from FEMA Public Assistance funding to ensure no
duplication of benefits has occurred.
This declaration is specific for the cost associated with the actions taken to protect the public health and safety of the general population from the COVID-
19 Pandemic.No commercial property insurance proceeds are anticipated for these costs.If in the event any part or all costs are paid by an insurance
policy,a duplication of benefits from insurance will occur.Applicant must notify grantee and FEMA of such recoveries and the Sub-Grant award amount
must be reduced by actual insurance proceeds.
FEMA insurance requirements are specific to permanent work to replace,restore,repair,reconstruct,or construct a facility.No insurance requirements are
mandated for Category B emergency work.
Milton Johnson(CTR)Insurance Specialist
CRC West—Sacramento,CA
O&M Requirements
There are no Obtain and Maintain Requirements on CV-382
PPE.
Environmental Historical Preservation
Is this project compliant with EHP laws,regulations,and es
executive orders?
This project is nota major federal action affecting the environment per Section 316
of the Robert T.Stafford Disaster Relief and Emergency Assistance Act,42 U.S.C.
5159.Additionally,in accordance with 36 CFR§800.12(d)and 44 CFR§Pan 9.5(c)
(1),this project is exempt from NHPA,EO 11988,and EQ 11990 revierts and the
project is not an action that affects listed species and/or designated critical habitat,if
such We present In accordance erth 3.2.A.2.a of the FEMA Instniction 108-1-1,this
is a STATEN'action and no documentation is required.
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Final Reviews
Final Review
Reviewed By SMITH,DONALD J, Reviewed On 01/19/2021 4:53 PM MST
Review Comments
PPE Final cost eligibility will require sufficient documentation demonstrating compliance with all project conditions and
applicable regulatory and Policy requirements.Specifically,documentation will need to demonstrate that PPE and
sanitizing materials were used in the performance of eligible emergency work.Lack of sufficient documentation may result
in some claimed costs being ineligible.
Recipient Review
Reviewed By Campbell,Diana Reviewed On 01/19/2021 5:33 PM MST
Review Comments
Yes,approved
Project Signatures
Signed By Kalaitzidis,Yiannis Signed On 01/21/2021
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y` "r � STATE OF ARIZONA
`.` '++ DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS vflkjr i0:s.
*110**
5636 East McDowell Road
� _a)
''''-"7- Phoenix,Arizona 85008-3495 +
(602)267-2700 DSN:853-2700
Douglas A.Ducey Major General Michael T.McGuire
GOVERNOR THE ADJUTANT GENERAL
January 27,2020
Yiannis Kalaitzidis,Finance Director
Applicant Agent
Town of Marana
11555 W.Civic Center Drive
Marana,AZ 85653
SUBJECT:Disaster Assistance Agreement—DR4524;COVID-19
Mr.Kalaitzidis,
Enclosed is the Disaster Assistance Agreement for the above referenced event. This agreement applies to all
assistance funds provided by or through the State of Arizona,Department of Emergency and Military Affairs—
Division of Emergency Management(DEMA-EM)to the Applicant for DR4524.
Please sign where indicated and return to DEMA-EM. Upon signature of the DEMA-EM Director,a copy will be
provided to you for your records.
If you have any questions or need more information,please contact your assigned Project Specialist.
Sincerely,
...",,,,,,P/..----- t
Duke Jones
Infrastructure Coordinator
Emergency Management/Recovery Branch
Arizona Dept of Emergency and Military Affairs(DEMA-EM)
5636 E.McDowell Rd.Bldg#M5101;Phoenix,AZ 85008
(desk)602-464-6232
Duke.Jones@azdema.gov
Enclosed:
Disaster Assistance Agreement
DISASTER ASSISTANCE AGREEMENT FOR FEDERALLY DECLARED DISASTERS
(Political Subdivisions)
APPLICANT: Town of Marana
Title VI of the Federal Coronavirus Aid, Relief and Economic Security (CARES) Act having
created a Disaster Relief Fund to provide additional funds for major disasters declared pursuant to
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 USC 5121 et seq.), this
agreement (the "Agreement") between the Department of Emergency and Military Affairs,
Division of Emergency Management, State of Arizona ("Division" or "State"), and Town of
Marana ("Applicant") is being entered into to govern the parties' use of all such funds, including
but not limited to all funds advanced to Applicant(whether advanced prior to or subsequent to the
execution of this Agreement)under the Arizona Express Pay Program.This Agreement shall apply
to all assistance funds provided by the State to the Applicant as a result of COVID-19, which
occurred January 20, 2020 and continuing(the end date of the incident period to be determined by
FEMA), and pursuant to the President's Emergency Declaration on March 13, 2020 and Major
Disaster Declaration on April 04, 2020.
By signing this Agreement on behalf of Applicant,the person signing represents that he/she is the
Agent of the Applicant, and certifies and agrees on behalf of the Applicant that:
1. The person signing below has legal authority to apply for assistance on behalf of the
Applicant.
2. The Applicant is an eligible applicant as defined in AAC R8-2-301(2)and 2 CFR§ 200.93.
3. Any change to the Applicant's Agent or the Agent's contact information must be provided
to Division in writing.
4. The Applicant shall provide all necessary financial and managerial resources to meet the
terms and conditions of receiving the Federal disaster assistance covered by this
Agreement. The Division does not manage or take responsibility for the Applicant's
projects, and monitors projects(with regard to program eligibility and other requirements)
only in order to fulfil the State's own obligations to the Federal government.
5. The Applicant understands that,except for advances made under the Arizona Express Pay
Program(which shall be governed by the Grant Agreement(s)executed by Applicant under
the Arizona Express Pay Program, subject to ¶42 of this Agreement),this is a
reimbursement program and the Applicant generally must expend its own funds for an
approved project prior to being reimbursed. All requests for an advance of funds must be
made in writing and shall be signed by the Applicant's Agent and forwarded to the Director
of the Division (the "Director"). The Director shall assess a request for an advance to
determine whether the request is reasonable and for eligible work that has been completed.
Except for advances made under the Arizona Express Pay Program (which shall be
governed by the Grant Agreement(s)executed by Applicant under the Arizona Express Pay
Program, subject to ¶42 of this Agreement), the Director may grant a request for an
advance for work not completed only if the Applicant has demonstrated that the work
cannotwill be completed without an advance,and the amount of any such advance w 11 be based
1
DISASTER ASSISTANCE AGREEMENT FOR FEDERALLY DECLARED DISASTERS
(Political Subdivisions)
upon damage assessment,eligible costs to date and the estimated eligible costs for the next
60-day period (AAC R8-2-315). Partial payments can be processed as work is completed
and costs expended. Final payment will be made after all work is completed and claimed
costs have been audited(AAC R8-2-316).
6. The Applicant shall establish and maintain a proper accounting system to record costs of
disaster assistance funds in accordance with generally accepted accounting standards or as
directed by the Governor's Authorized Representative ("GAR") or Alternate GAR to
ensure compliance with audit requirements, and shall retain all financial and program
documentation for a minimum of three years after the date of the State's final Financial
Status Report to the Federal Emergency Management Agency ("FEMA") per 2 CFR
200.302 and 2 CFR 200.333. The Division will notify the Applicant, via the Applicant's
Agent, as to when the three year retention begins. Pursuant to ARS 35-214 and 215 and
AAC R8-2-318, the Applicant shall include in all contracts with all contractors
requirements that (a) all of the contractor's books, accounts, reports, and other records
relating to the contract shall be retained by the contractor and shall be subject to inspection
and audit by the Division for five years after completion of the contractor's contract, and
(b)the contractor shall include in all contracts with all subcontractors(and shall require all
contractor's subcontractors to include in their contracts with their subcontractors) the
requirement that all of the subcontractor's books, accounts, reports, and other records
relating to the subcontract shall retained by the subcontractor and shall be subject to
inspection and audit by the Division for five years after completion of the contractor's
contract.
7. The Applicant shall cooperate with Division personnel in performing interim monitoring
inspections and/or final inspections of the project site,per 2 CFR 200.328 and AAC R8-2-
316.
8. Regardless of whether or not the Applicant is otherwise exempt from complying with such
standards, the Applicant shall ensure that all projects undertaken under this Agreement
comply with all current codes and standards, including but not limited to local fire,
building,construction, and other similar codes, consistent with 44 CFR 206.400, 206.401,
and 206.402.
9. The Applicant shall comply with any mitigation requirements approved by the Division for
repair or replacement projects subject to repeated damages from flooding or other hazards.
(ACC R8-2-314)
10. This Agreement shall be construed in accordance with the law of the State of Arizona and
applicable Federal program laws, Executive Orders, regulations, OMB Circulars, and
FEMA policies and guidance, including but not limited to: 2 CFR part 200, 44 CFR Part
206, the Federal CARES Act, and the Robert T. Stafford Disaster Relief& Emergency
Assistance Act. The Applicant shall comply with (and shall require all secondary
recipients and Applicant's contractors and their subcontractors to comply with) all such
State and Federal laws, regulations, rules, and requirements, whether or not expressly
2
DISASTER ASSISTANCE AGREEMENT FOR FEDERALLY DECLARED DISASTERS
(Political Subdivisions)
referenced in this Agreement. In particular, this requirement shall apply to (a) all
applicable law regarding procurement of goods and services (including but not limited to
ARS Title 41, Chapter 23, the Arizona Procurement Code) and to contracts for repair or
restoration of eligible public facilities including but not limited to AAC Title 2, Chapter 7
(R2-7-101 et seq.) as well as the Federal CARES Act, 2 CFR 200.317, 200.322 and
200.326; and(b)all laws and policies involving the environment,including but not limited
to the National Environmental Protection Act,42 USCA 4331 et seq.
11. The Applicant shall comply with provisions of the Hatch Act(5 USC 7321 et seq.)limiting
the political activities of public employees.
12. The Applicant must comply, as applicable, with provisions of the Davis-Bacon Act (40
USC 3141 et seq.)relating to labor standards.
13. The Applicant shall comply with applicable flood insurance purchase requirements
required by the Arizona Department of Water Resources Floodplain Management
Program.
14. The Applicant shall not enter into cost-plus-percentage-of-cost contracts for com letion of
ppp
disaster restoration or repair work. A cost-reimbursement contract may be used only if a
determination is made in writing that such contract is likely to be less costly than any other
type or that it is impracticable to obtain the materials, services or construction required
except under such a contract(ARS 41-2544).
15. The Applicant shall not enter into contracts for professional or consultant services for
which payment is contingent upon approval of project or receipt of Federal funds (2 CFR
200.459). The Applicant also shall not enter into contracts for professional or consultant
services for which payment is contingent upon approval of projector receipt of State funds.
16. In accordance with AAC R8-2-313(B)(10) and 2 CFR 180.625, 180.630, and 180.925
(excepting as may comply with both 2 CFR 180.215 and applicable State law), the
Applicant shall not enter into any contract with any party that is debarred or suspended
from participating in State or Federal assistance programs.
17. In accordance with the provisions of 31 USC 1352 and 44 CFR Part 18, the Applicant is
responsible for providing its subgrantees, contractors and subcontractors the requisite
"Certification Regarding Lobbying"and"New Restriction on Lobbying"(44 CFR Part 18)
for each grant. The Applicant is responsible for filing these certification and disclosure
forms with the State.
18. The Applicant shall comply with the Drug Free Workplace Act of 1988 (41 USC 8101 et
seq.) and 13 CFR Part 147, and the Applicant will provide the State a "Certification
Regarding Drug-Free Workplace Requirements."
3
DISASTER ASSISTANCE AGREEMENT FOR FEDERALLY DECLARED DISASTERS
(Political Subdivisions)
19. The Applicant is aware of and shall comply with cost-sharing requirements of Federal and
State disaster assistance; specifically that Federal assistance generally is limited to 75%of
eligible costs and that regardless of what Federal assistance is or is not provided,the State
will not contribute any monies toward any costs, so that the Applicant must pay for all
costs not covered by Federal assistance. See 42 USC 5170b(b) and (c)(4); 5170c(a);
5172(b); 5173(d); and 5193(a); and 2 CFR 200.434 and 200.306.
20. In the event that the Federal cost share exceeds 75% due to specific wording within the
Federal disaster declaration, or due to the Applicant opting into a FEMA program that
increases the Federal cost share for all or part of a project, the Applicant shall remain
responsible for all costs not covered by Federal assistance, and the State shall not make
any contribution toward any costs..
21. The Applicant is aware that the funding available for Robert T. Stafford Disaster Relief
and Emergency Assistance Act Section 404 (42 USC 5170c)mitigation program provides
for a maximum Federal share of 75% of eligible costs.
22. The Applicant shall use disaster assistance funds solely for the purposes for which these
funds are provided and as approved by the GAR.
23. Per AAC R8-2-312(C), the State is not liable for any claim deemed ineligible by FEMA
under a Presidential Major Disaster Declaration. Claims denied by FEMA will not be
considered eligible under the corresponding State Declaration unless otherwise outlined
under ACC R8-2-313(B).
24. The Applicant shall return to the Division, within two months of such request by the GAR,
any partial reimbursement not supported by audit or other Division review of
documentation maintained by the Applicant. (ACC R8-2-319)
25. The Applicant understands and will abide by the following deadlines:
(a) The date by which all Emergency Work (eligible work that is
performed to reduce or eliminate and immediate threat to life,protect 10/04/2020
public health and safety, and to protect improved property that is
threatened in a significant way as a result of the disaster) must be
completed.
(b) The date by which all Permanent Work (required to restore a
damaged facility, through repair or restoration, to its pre-disaster N/A
design, function, and capacity in accordance with applicable codes
and standards)must be completed.
(c) All damaged sites attributed to a declared disaster must be
identified by the Applicant in writing(s) delivered to the Division
within the time period established by FEMA for this event. TBD
4
DISASTER ASSISTANCE AGREEMENT FOR FEDERALLY DECLARED DISASTERS
(Political Subdivisions)
Applicant shall be solely responsible for timely compiling and
submitting its complete list of damaged sites to the Division whether
or not the Division assists Applicant in compiling Applicant's list.
Any damaged sites not included in Applicant's list as submitted to
the Division within the period described above will not be considered
for reimbursement by the Division. All damaged sites identified by
Applicant shall be submitted to the Division on a form to be supplied
by the Division to the Applicant.
(d) All information required for the accurate development, review,
and approval of all Projects must be provided in writing to the
Division by the Applicant within 30 days of the closure of the
incident period established by FEMA. Any information not provided TBD
in writing by the Applicant to the Division within that time frame
will not be considered by the Division in determining eligible costs
reimbursable under the declared event, with the exception (in the
Division's sole determination) of information promptly provided to
the Division relating to hidden damages discovered (and
discoverable) only as a result of Applicant having begun work on a
timely basis.
26. In its sole discretion,the Division may grant time extensions for project completion due to
conditions or causes which are beyond Applicant's control. Applicant must submit requests
for time extensions in writing prior to the then-existing work completion deadline date.
Requests must(a) demonstrate extenuating circumstances or unusual project requirements
supporting the request and(b)propose a revised project completion timeline,including but
not limited to a revised completion date.
27. None of the provisions of this Agreement may be waived, changed or altered except in a
writing signed by authorized representatives of both parties. Not enforcing a particular
provision at a particular time is not a waiver of the right to enforce that provision
subsequently.
28. Pursuant to ARS 35-154, every payment obligation of the Division under this Agreement
is conditioned upon the availability of funds appropriated and allocated for the payment of
such obligation.If funds are not appropriated,allocated and available or if the appropriation
is changed by the Legislature resulting in funds no longer being available for the
continuance of this Agreement, this Agreement may be terminated by the Division at the
end of the period for which funds are available. No liability shall accrue to the Division in
the event this provision is exercised, and the Division shall not be obligated or liable for
any future payments or for any damages as a result of termination under this paragraph.
29. The requirements of A.R.S. § 38-511 apply to this Agreement. Either party may cancel
this Agreement, without penalty or further obligation, if any person significantly involved
in initiating, negotiating, securing, drafting or creating this Agreement on behalf of that
5
DISASTER ASSISTANCE AGREEMENT FOR FEDERALLY DECLARED DISASTERS
(Political Subdivisions)
party is, at any time while this Agreement or any extension is in effect,an employee,agent,
or consultant of the other party with respect to the subject matter of this Agreement.
30. Applicant shall comply with Arizona Executive Order 2009-9.
31. Pursuant to ARS 35-393 et seq., if the contract in question meets the statutory criteria, a
public entity may not enter into a contract with a company to acquire or dispose of services,
supplies, information technology or construction unless the contract includes a written
certification that the company is not currently engaged in, and agrees for the duration of
the contract to not engage in, a boycott of Israel. The Applicant agrees that it will require
all contractors to comply with ARS 35-393 et seq.in all circumstances where these statutes
are applicable.
32. The parties to this Agreement agree to resolve all disputes arising out of or relating to this
Agreement through arbitration, after exhausting applicable administrative review, to the
extent required by ARS 12-1518, except as may be required by other applicable law. The
parties agree that any litigation over this Agreement may be brought only in the Arizona
Superior Court for Maricopa County.
33. Each party agrees to indemnify, defend, and hold harmless the other party from any and all
claims, losses, liability, costs, or expenses, including reasonable attorney's fees, but only
to the extent that such claims result in vicarious/derivative liability to the indemnitee, and
are caused by the act, violation of applicable law, rule, regulation or order, omission,
negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents,
employees, invitees, or volunteers.
34. Applicant shall submit financial status reports (SF269 or equivalent) to the Division 30
days after the end of the first Federal quarter following the initial grant award. (This initial
report may be waived with the express written consent of the Division's Program
Manager). The Applicant shall submit quarterly financial status reports to the Division
thereafter until the grant ends. Reports are due on October 15 (for the quarter ending the
prior September 30); January 15 (for the quarter ending the prior December 31); April 15
(for the quarter ending the prior March 31); and July 15 (for the quarter ending the prior
June 30). Applicant shall further provide the Division with copies of all quarterly,closeout,
and all other information as may be required by the Division.
35. Applicant shall submit a final financial status report, any required performance reports, a
request to close the program (and any other forms and certifications requested by the
Division)to the Division within 90 days of completion of grant activities.
6
DISASTER ASSISTANCE AGREEMENT FOR FEDERALLY DECLARED DISASTERS
(Political Subdivisions)
36. Applicant shall comply with all terms and conditions of the FEMA-State Agreement dated
05/13/2020.
37. Applicant shall (i) initiate cash draw-downs only when actually needed for its
disbursement; (ii) make timely financial reporting per FEMA requirements, using the
SF269 or equivalent report;and(iii)impose the same standards of timing and amount upon
any secondary recipient, and/or Applicant's contractors and their subcontractors.
38. Any and all cost overruns must be presented to the Division in writing and must be
approved by the Division in writing as a condition of reimbursement.
39. The Applicant accepts full financial responsibility for all work and/or costs for which
funding is not approved by the Division and/or FEMA.
40. This Agreement shall not be construed for or against either party regardless of which party
drafted this Agreement or any portion thereof.
41. This Agreement supersedes and replaces all prior disaster assistance agreements entered
into between Applicant and the State relating to COVID-19, except that if the Applicant
subsequently enters into or previously has entered into Grant Agreement(s) under the
Arizona Express Pay Program,all such Grant Agreement(s)remain in effect and Applicant
hereby agrees to remain in compliance with all terms of such Grant Agreement(s) to the
extent that the terms of such Grant Agreement(s) are not in conflict with the terms of this
Agreement, in which event the terms of this Agreement shall control.
42. Any term of this Agreement deemed illegal,invalid,or in violation of any State or Federal
law, regulation, rule, or requirement, whether or not expressly referenced in this
Agreement, or deemed to require any party to violate any such State or Federal law,
regulation, rule, or requirement, shall be deemed stricken from this Agreement and shall
not affect any other term of this Agreement,which shall remain in effect without the invalid
term.
43. The file number for this Governor's Proclamation is PCA SD2004.
7
DISASTER ASSISTANCE AGREEMENT FOR FEDERALLY DECLARED DISASTERS
(Political Subdivisions)
Applicant:
4.11111
Yiannis Kalaitzidis
Finance Director
Signature Date
Division:
Allen Clark
Typed Name
Director,Arizona Division of Emergency Management and Alternate Governor's Authorized
Representative
Title
Signature Date
8
STATE OF ARIZONA `''
a
e DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS
11.
5636 East McDowell Road
Phoenix,Arizona 85008-3495
(602)267-2700 DSN:853-2700
Douglas A.Ducey Major General Michael T.McGuire
GOVERNOR THE ADJUTANT GENERAL
MEMORANDUM
Date: July 22,2020
To: State Agencies,Political Subdivisions and Private Non-Profits of the State of
Arizona
Through: Duke Jones,Infrastructure Coordinator
Subject: Reimbursement Requests for COVID-19 Pandemic(DR-4524)under the Public
Assistance program
Under federal regulations for grants management, the documentation process for requesting
reimbursement for an obligated Project under the COVID-19 Pandemic(DR-4524)is significantly
different from the standard process under State Only Disaster Declarations,with which you may
be familiar.
Please carefully read the requirements on your attached"REQUEST FOR PAYMENT FORM-
DR4524 (COVIDI9 Pandemic)" form and provide the required documentation for your
reimbursement,in order to avoid any delays.
If you have questions or require assistance, please contact our Administrative Specialists at 602-
464-6499, or by sending an email to:Infrastructure(yazdema.gov
Thank you,in advance,for your assistance and understanding during this disaster.
DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS- EMERGENCY MANAGEMENT
REOUEST FOR PAYMENT FORM -DR4524 (COVID19 Pandemic)
Applicant: Town of Marana
State PW#: CV-382 PW Name:CV-382 PPE
EMMIE PW# PW-116 This PW was obligated for$ 28,459.29
As of (date), we have completed % of the work for this
project. We are requesting reimbursement, of actual costs incurred to date, in the
amount of$
Instructions for the Applicant's Agent:
• For the PW specified above, please enter the requested information on the blank lines above.
• You must attach ALL supporting documentation to support your request for reimbursement.
Supporting documentation to include, but not limited to: (LABOR)time sheets,pay policies,EREs broken
out,payroll reports,(EQUIPMENT)vehicle logs, daily logs,maintenance records,equipment lists,
(MATERIALS)invoices,receipts,inventory records,(OTHER)Proof of Payments,contracts,insurance
policies,procurement policies,invoices,receipts,rental agreements,bid packages,change orders, inspection
reports,engineering estimates,etc.
• DO NOT SEND ORIGINAL DOCUMENTS. Please be advised,you are required to maintain all
documentation which will be reviewed later,upon project completion,at the Final Inspection and/or Audit.
• Please send your completed request to:
Recovery-Infrastructure Coordinator
DEMA-EM
5636 E.McDowell Road,Bldg. M5101
Phoenix,Arizona 85008-3495
I hereby certify that all costs claimed hereon are eligible in accordance with A.R.S.35-192,as amended,all work
claimed is complete as shown,and costs are supported by documentation available for review in our office.
(Sign and date where indicated below)
Yiannis Kalaitzidis
Signature of Applicant's Agent Printed Name of Applicant's Agent
Date Applicant Agent's Phone Number
For DEMA-EM Use Only
Amount Approved By: Date
For DEMA-EM Use Only
Received By:(initials/date)
Version 07-02-20 COVID