Fill - Free fillable Form 2: SUBRECIPIENT AGREEMENT OPERATION STONEGARDEN GRANT PROGRAM (Department of Homeland Security) PDF form

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SUBRECIPIENT AGREEMENT

OPERATION STONEGARDEN GRANT PROGRAM

OVERTIME-MILEAGE

0-AZDOHS-OPSG

-___________

(Enter Subrecipient Agreement number above (e.g., 200XXX-XX)

etween

e Arizona Department of Homeland Security

And

(Enter the name of the Subrecipient Agency above)

DUNS Number___________

(Enter the DUNS number above)

WHEREAS, A.R.S. section 41-4254 charges the Arizona Department of Homeland Security (AZDOHS)

with the responsibility of administering funds.

THEREFORE, it is agreed that the AZDOHS shall provide funding to the

(Enter the name of the Subrecipient Agency above)

(Subrecipient) for services under the terms of this Agreement (the “Agreement”).

I. PURPOSE OF AGREEMENT

The purpose of this Agreement is to specify the rights and responsibilities of AZDOHS in

administering the distribution of homeland security grant funds to the Subrecipient, and to specify

the rights and responsibilities of the Subrecipient as the recipient of these funds

II. PERIOD OF PERFORMANCE, TERMINATION AND AMENDMENTS

This Agreement shall become effective on January 1, 2021 and shall terminate on March 31,

2022. The obligations of the Subrecipient as described herein will survive termination of this

agreement.

III. DESCRIPTION OF SERVICES

The Subrecipient shall provide the services for AZDOHS as set forth in writing in Subrecipient’s

grant application titled: “OPSG Overtime-Mileage” and funded at $____________

(as may have

been modified by the award letter). (Enter funded award amount above)

IV. MANNER OF FINANCING

The AZDOHS shall under the U.S. Department of Homeland Security grant #EMW-2020-SS-

00017-S01 and CFDA #97.067:

a) P

rovide up to $ to the S

ubrecipient for services provided under

Paragraph III.

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

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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 Agreement.

V. FISCAL RESPONSBILITY

It is understood and agreed that the total amount of the funds used under this Agreement shall

be used only for the project as described in the application and award documentation. Therefore,

should the project not be completed, the Subrecipient shall reimburse said funds directly to th

ZDOHS immediately. If the project is completed at a lower cost than the original budget call

or, 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 receiv

under

this Agreement for which expenditure is disallowed by an audit exemption or otherwise b

the AZDOHS, the State, or Federal government, the Subrecipient shall reimburse said funds

directly to the AZDOHS immediately.

VI. FINANCIAL AUDIT/PROGRAMMATIC MONITORING

The Subrecipient agrees to comply with the record-keeping requirements and other requirements

of A.R.S. 35-214 and 35-215.

a) I

n addition, in compliance with the Federal Single Audit Act (31 USC 7501-7507) as amended

by the Single Audit Act Amendments of 1996 (P.L. 104-156) and 2 C.F.R. 200.501, the

ubrecipient must have a Single Audit or program specific audit conducted in accordanc

wit

h 2 C.F.R. 200 (Uniform Administrative Requirements, Cost Principles, and Audit

Requirements for Federal Awards) if the Subrecipient expends more than $750,000 fro

Feder

al awards in its previous fiscal year. If the Subrecipient has expended more t

han

$750,

000 in Federal dollars, a copy of the Subrecipient’s single audit or program specific audit

report for the previous fiscal year and subsequent fiscal years that fall within the period of

performance is due annually to AZDOHS within nine (9) months of the Subrecipient’s fiscal

year end.

b) Fai

lure to comply with any requirements imposed as a result of an audit will sus

pend

eimbursement by AZDOHS to the Subrecipient until the Subrecipient is in compliance with all

such requirements. Additionally, the Subrecipient will not be eligible for any new awards until

the Subrecipient is in compliance with all such requirements.

c) S

ubrecipients who do not expend more than $750,000 in Federal dollars in the previous fiscal

year and subsequent fiscal years that fall within the period of performance must submit t

ZDOHS via audits@azdohs.gov

, a statement stating they do not meet the threshold and

therefore do not have to complete a single audit or program specific audit.

d) S

ubrecipient will be monitored periodically by AZDOHS, 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 on-site monitori

isits. Monitoring can involve aspects of the work involved under this Agreement including but

not limited to the review and analysis of financial, programmatic, equipment, performance,

and administrative issues relative to each program and will identify areas where technical

assistance and other support may be needed. Subrecipient shall participate in and cooperat

with all such monitoring by AZDOHS, and shall provide access to all personnel, documents,

and other records as may be requested from time to time by AZDOHS. Subrecipient als

hall comply with all requests of AZDOHS that AZDOHS deems necessary to assure t

par

ties’ compliance with their obligations under this Agreement.

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e) The Subrecipient agrees to cooperate with any assessments, state/national evaluation 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 Agreement.

VII. APPLICABLE STANDARDS AND

REGULATIONS

The Subrecipient must comply with the applicable Notice of Funding Opportunity (NOFO) and

Code of Federal Regulations (C.F.R.) 2 C.F.R. 200. The NOFO for this program is hereby

incorporated into this Agreement by reference. By accepting this award, the Subrecipient agrees

that all allocation and use of funds under this grant will be in accordance with the requirements

contained in the NOFO and all other applicable law.

Davis Bacon Act

HSGP Program subrecipients using funds for construction projects must comply with the Davis-

Bacon Act (40 U.S.C. 3141 et seq.). Subrecipients must obtain written approval from AZDOHS

prior to use of any HSGP funds for construction or renovation. Subrecipients must ensure that

their contractors or subcontractors for construction projects pay workers no less than the

prevailing wages for laborers and mechanics employed on projects of a character similar to the

contract work in the civil subdivision of the state in which the work is to be performed. Additional

information regarding compliance with the Davis-Bacon Act, including Department of Labor (DOL)

wage determinations, is available from the following website

https://www.dol.gov/whd/govcontracts/dbra.htm

Insurance Coverage

The Subrecipient affirms the organization maintain insurance coverage as described in 2 C.F.R.

200.310. The non-Federal (Subrecipient) entity must, at a minimum, provide the equivalent

insurance coverage for real property and equipment acquired or improved with Federal funds as

provided to property owned by the non-Federal (Subrecipient) entity. Federally-owned property

need not be insured unless required by the terms and conditions of the Federal award.

National Incident Management System (NIMS)

The Subrecipient agrees to remain in compliance with National Incident Management System

(NIMS) implementation initiatives as outlined in the applicable NOFO.

Environmental Planning and Historic Preservation

The Subrecipient shall comply with Federal, State and Local environmental and historical

preservation (EHP) regulations, laws and Executive Orders as applicable. See FEMA publication

FP 108-023-1, titled “Environmental Planning and Historic Preservation (EHP) Policy Guidance,”

available at

https://www.fema.gov/media-library-data/1533321728657-

592e122ade85743d1760fd4747241776/GPD_EHP_Policy_Final_Amendment_GPD_final_508.pd

f. Subrecipients proposing projects that have the potential to impact the environment, including

but not limited to construction of communication towers, modification or renovation of existing

buildings, structures and facilities, or new construction including replacement of facilities, must

participate in the Federal Department of Homeland Security (DHS)/Federal Emergency

Management Agency (FEMA) EHP review process. The EHP review process involves the

submission of a detailed project description that explains the goals and objectives of the

proposed project along with supporting documentation so that DHS/FEMA may determine

whether the proposed project has the potential to impact environmental resources and/or historic

properties. In some cases, DHS/FEMA is also required to consult with other regulatory agencies

and the public in order to complete the review process. The EHP review process must be

completed before funds are released to carry out the proposed project. If ground disturbing

activities occur during project implementation, the Subrecipient must ensure monitoring of ground

disturbance and if any archeological resources are discovered, the Subrecipient shall immediately

cease construction in that area and notify FEMA, AZDOHS and the appropriate State Historic

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Preservation Office. DHS/FEMA will not fund projects that are initiated without the required EHP

review. In addition, the following provisions must be adhered to:

onsultants/Trainers/Training Providers

Invoices for consultants/trainers/training providers must include at a minimum: a description of

services; dates of services; number of hours for services performed; rate charged for services;

and, the total cost of services performed. Consultant/trainer/training provider costs must be

within the prevailing rates; must be obtained under consistent treatment with the procurement

policies of the Subrecipient and 2 C.F.R. 200; and shall not exceed the maximum of $450 per day

per consultant/trainer/training provider unless prior written approval is granted by the AZDOHS.

This includes internal personnel hired on backfill/overtime to deliver training. In addition to the per

day $450 maximum amount, the consultant/trainer/training provider may be reimbursed

reasonable travel, lodging, meal and incidental expenses not to exceed the State rate. Itemized

receipts are required for lodging and travel reimbursements. The Subrecipient will not be

reimbursed costs other than travel, lodging, meals and incidentals on travel days for

consultants/trainers/training providers. See Travel Costs below.

ontractors/Subcontractors

The Subrecipient may enter into written subcontract(s) for performance of certain of its functions

under the Agreement in accordance with terms established in 2 C.F.R. 200 and the applicable

NOFO. 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 may result in

litigation related in any way to this Agreement.

ravel Costs

All grant funds expended for travel, lodging, meals and incidentals are subject to the standards of

the Subrecipient’s policies and procedures, as well as the State of Arizona Accounting Manual

(SAAM). These policies must be applied uniformly to both federally financed and other activities

of the Subrecipient. AZDOHS will reimburse at the most restrictive allowability and rate. At no

time will the Subrecipient’s reimbursement(s) exceed the State rate established by the Arizona

Department of Administration, General Accounting Office Travel Policies:

https://gao.az.gov/travel.

Procurement

The Subrecipient shall comply with its own procurement rules/policies and must also comply with

Federal procurement rules/policies and all Arizona state procurement code provisions 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 via the Noncompetitive

Procurement Request Form. The Noncompetitive Procurement Request Form and instructions

are located on the AZDOHS website: https://azdohs.gov/grant-program-forms.

raining and Exercise

The Subrecipient agrees that any grant funds used for training and exercise must be in

compliance with the applicable NOFO. All training must be included and approved in your

application and/or approved through the DEMA/AZDOHS training request process prior to

execution of training contract(s). All exercises must utilize and comply with the FEMA Homeland

Security Exercise and Evaluation Program (HSEEP) guidance for exercise design, development,

conduct, evaluation and reporting. The Subrecipient agrees to:

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a) Submit an exercise summary and attendance/sign-in roster to AZDOHS with all related

reimbursement requests.

b) Email the After Action Report/Improvement Plan (AAR/IP) to the local County Emergency

Manager, the AZDOHS Strategic Planner, and the Arizona Department of Military Affairs

(DEMA) Exercise Branch within 90 days of completion of an exercise or as prescribed by the

most current HSEEP guidance.

Communications Equipment

All Land Mobile Radio equipment purchased with Homeland Security funds is required to comply

with the following:

a) P25 (Project 25) standards;

b) SAFECOM Guidance (see https://www.dhs.gov/safecom);

c) Land Mobile Radio Minimum Equipment Standards as approved by the Statewide

Interoperability Executive Committee (SIEC); and

d) Arizona's State Interoperable Priority Programming Guide also as approved by the

SIEC

Nonsupplanting Agreement

The Subrecipient shall not use funds received under this Agreement to supplant Federal, State,

Tribal or Local funds or other resources that would otherwise have been made available for this

program/project. The Subrecipient 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. 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 its compliance with all State and Federal immigration laws and

regulations relating to its employees and to employees of any contractor or subcontractor

retained through Subrecipient to provide goods or services related to this Agreement,

including but not limited to 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 by Subrecipient regarding compliance with immigration laws and

regulations shall be deemed a material breach of this Agreement and the Subrecipient may

be subject to penalties to be determined at AZDOHS’s discretion, up to and including

termination of this Agreement.

c) The AZDOHS retains the legal right to inspect the papers of any Subrecipient employee who

works on the Agreement, and to those of any employee of any contractor or subcontractor

retained through Subrecipient to provide goods or services related to this Agreement, to

ensure that the Subrecipient is complying with the warranty under paragraph (a) above.

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Property Control

Effective control and accountability must be maintained by Subrecipient for all property/equipment

purchased under this Agreement. The Subrecipient must adequately safeguard all such

property/equipment and must assure that it is used for authorized purposes as described in the

NOFO, the grant application as approved by AZDOHS, and 2 C.F.R. 200. The Subrecipient shall

exercise caution in the use, maintenance, protection and preservation of such property.

a) P

roperty/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. Subrecipient is required to maintain and utilize equipment

as outlined in 2 C.F.R. 200.313 - Equipment. Any loss, damage, or theft shall be investigated

by Subrecipient and reported by Subrecipient to the AZDOHS. Any equipment lost, damaged

or stolen shall be replaced by the Subrecipient at the Subrecipient’s expense and an updated

Property Control Form shall be submitted to AZDOHS by Subrecipient

b) N

onexpendable Property/Equipment and Capital Assets:

a. Nonexpendable Property/Equipment 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 mor

ears, has an acquisition cost of $5,000 (Five Thousand Dollars) or more, and does not

become a fixture or lose its identity as a component of other equipment or systems.

b. 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.

c) 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 quarterly programmatic report. The Property Control Form can be located at

https://azdohs.gov/grant-program-forms. The Subrecipient agrees to be subject to equipment

monitoring and auditing by state or federal authorized representatives to verify information.

d) A

physical inventory of Nonexpendable Property/Equipment and Capital Assets must be

taken and the results reconciled with the Property Control Form at least once every two years.

a. A c

ontrol system must be developed to ensure adequate safeguards to prevent loss,

damage, or theft of the property. Any loss, damage, or theft shall be investigated and

reported by Subrecipient to AZDOHS immediately.

b. A

dequate maintenance procedures must be developed to keep the property in g

ood

ondition.

e) W

hen Nonexpendable Property/Equipment and/or Capital Assets are no longer in operational

use by the Subrecipient, an updated Property Control Form must be submitted b

ubrecipient to AZDOHS immediately. The disposition of equipment shall be in complianc

ith the AZDOHS Disposition Guidance and 2 C.F.R. 200. If the Subrecipient is requesti

sposition of Capital Assets for reasons other than theft, destruction, or loss, the Subrecipient

must submit an Equipment Disposition Request Form to AZDOHS and receive approval prior

to the disposition. The Equipment Disposition Guidance and Request Form can be found at

https://azdohs.gov/grant-program-forms.

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f) Equipment Record Retention

Pursuant to 2 C.F.R. 200.333(c), records for real property and equipment acquired with

Federal funds must be retained for three (3) years after final disposition.

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 Code of Federal Regulations, authorized equipment lists, and guidance documents

referenced above.

a) The Subrecipient agrees that use of grant funds for any indirect costs that may be incurred

must be in accordance with 2 C.F.R. 200 and the applicable NOFO. Indirect costs must be

applied for and approved in writing by the AZDOHS prior to expenditure and reimbursement.

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 applicable NOFO.

VIII. DEBARMENT CERTIFICATION

The Subrecipient is to the non-procurement debarment and suspension regulations implementing

Executive Orders 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2

C.F.R. Part 3000. These regulations restrict federal financial assistance awards, subawards, and

contracts with certain parties that are debarred, suspended, or otherwise excluded from or

ineligible for participation in federal assistance programs or activities.

IX. FUNDS MANAGEMENT

The Subrecipient must maintain funds received under this Agreement in separate ledger

accounts and cannot mix these funds with funds from other sources. The Subrecipient must

manage funds according to applicable 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

• 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 REQUIREMENTS

Regular reports by the Subrecipient shall include:

a) Programmatic Reports

The Subrecipient shall provide quarterly programmatic reports to the AZDOHS within fifteen

(15) calendar 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 form, which is posted at

https://azdohs.gov/grant-program-forms. Quarterly programmatic reports shall be submitted to

the AZDOHS until the entire project is completed. If the project has been fully completed and

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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.

b) Subrecipients must provide substantial/detailed information as to the status of completion of

the milestones included in the application as approved by AZDOHS. Failure to adequately

provide complete information will result in the Quarterly Report being rejected and

resubmission will be required.

c) Quarterly Programmatic Reports are due:

January 15 (for the period from October 1– December 31)

April 15 (for the period from January 1 – March 31)

July 15 (for the period from April 1 – June 30)

October 15 (for the period from July 1 – September 30)

d) Final Quarterly Report:

The final quarterly report is due no more than fifteen (15) calendar days after the end of the

performance period. Subrecipient may submit a final quarterly report prior to the end of the

performance period if the scope of the project has been fully completed and implemented. The

Property Control Form is due with the final quarterly report (if applicable).

e) Property Control Form – if applicable:

The Subrecipient shall provide the AZDOHS a copy of the Property Control Form with the

final quarterly report.

a. In case of equipment disposition:

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

Subrecipient’s use and disposition of equipment must be in compliance with the

AZDOHS Disposition Guidance and 2 C.F.R. 200.313.

f) Financial Reimbursements

The Subrecipient shall provide AZDOHS with requests for reimbursement as frequently

as monthly but not less than quarterly. Reimbursement requests are only required when

expenses have been incurred. Reimbursement requests shall be submitted with the

Reimbursement Form provided by the AZDOHS staff. The Subrecipient shall submit a final

reimbursement request for expenses received and invoiced prior to the end of the period of

performance. The final reimbursement must be received by AZDOHS no more than forty-five

(45) calendar days after the end of the period of performance. Requests for reimbursement

received by AZDOHS later than forty-five (45) calendar days after the end of the period of

performance will not be paid. The final reimbursement request as submitted shall be marked

as final.

Subrecipients will only be reimbursed for expenses that have been obligated, expended and

received within the authorized Period of Performance as identified in Section II of this

Agreement. Subrecipients are not authorized to obligate or expend funds prior to the start

date of the Period of Performance. Any expenses obligated or expended prior to the Period

of Performance start date will be deemed unallowable and will not be reimbursed. Any

expenses/services that occur beyond the Period of Performance (i.e. cell phone service) will

be deemed unallowable and will not be reimbursed.

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The AZDOHS requires that all requests for reimbursement are submitted via United States

Postal Service, FedEx, UPS, etc. or in person. Reimbursement requests submitted via fax or

by any electronic means will not be accepted.

The AZDOHS reserves the right to request and/or require any supporting documentation

and/or information it feels necessary in order to process reimbursements. Subrecipient shall

promptly provide AZDOHS with all such documents and/or information.

All reports shall be submitted to the contact person as described in Paragraph XXXVII, NOTICES,

of this Agreement.

XI. ASSIGNMENT AND DELEGATION

The Subrecipient may not assign any rights hereunder without the express, prior written

agreement 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

representatives of the Subrecipient and the AZDOHS. In the event of any new legislation, laws,

ordinances, or rules affecting this Agreement, the parties agree that the terms of this Agreement

shall automatically incorporate the terms of such new legislation, laws, ordinances, or rules.

Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in the

amount of the Subrecipient’s compensation, if applicable; 3) be titled as an “Amendment,” and 4)

be signed by the parties identified in the preceding paragraph. 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.

XIII. US DEPARTMENT OF HOMELAND SECURITY AGREEMENT ARTICLES

Article A - Disposition of Equipment Acquired Under the Federal Award

When original or replacement equipment acquired in conjunction with this Agreement by the

Subrecipient is no longer needed for the original project or program or for other activities currently

or previously supported by DHS/FEMA, the Subrecipient must request instructions from

DHS/FEMA via AZDOHS by submitting an Equipment Disposition Request Form in order to make

proper disposition of the equipment pursuant to 2 C.F.R. 200.313.

Article B – Acceptance of Post Award Changes

In the event FEMA determines that changes are necessary to this Agreement after it has been

entered into, including changes to period of performance or terms and conditions, the

Subrecipient will be notified of the changes in writing. Once notification has been made, any

subsequent request for funds by Subrecipient will constitute Subrecipient’s acceptance of the

changes to this Agreement and the incorporation of such changes into this Agreement.

Article C - Procurement of Recovered Materials

The Subrecipient hereby acknowledges and agrees that it must comply with section 6002 of the

Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource

Conservation and Recovery Act, 42 U.S.C. 6962) and that the requirements of Section 6002

include procuring only items designated in guidelines of the Environmental Protection Agency

(EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials

practicable, consistent with maintaining a satisfactory level of competition.

Article D - Whistleblower Protection Act

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The Subrecipient hereby acknowledges and agrees that it must comply with the statutory

requirements for whistleblower protections (if applicable) at 10 U.S.C. 2409, 41 U.S.C. 4712, and

10 U.S.C. 2324, 41 U.S.C. section 4304 and 4310.

Article E - Use of DHS Seal, Logo and Flags

Subrecipient hereby acknowledges that it 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.

Article F - USA Patriot Act of 2001

Subrecipient hereby acknowledges and agrees that it must comply with the requirements of the

Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and

Obstruct Terrorism Act (USA PATRIOT Act, P.L. 107-56), which amends 18 U.S.C. section 175–

175c.

Article G – Universal Identifier and System of Award Management (SAM)

Subrecipient hereby acknowledges and agrees that is must comply with the requirements set

forth in the government-wide financial assistance award term regarding the System for Award

Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A.

Article H - Reporting of Matters Related to Recipient Integrity and Performance

If the total value of your currently active grants, cooperative agreements, and procurement

contracts from all Federal assistance offices exceeds $10,000,000 for any period of time during

the period of performance of this Federal award, you must comply with the requirements set forth

in the government-wide Award Term and Condition for Recipient Integrity and, Performance

Matters located at 2 C.F.R. Part 200 Appendix XII, the full text of which is incorporated here by

reference in the terms and conditions of your award.

Article I - Rehabilitation Act of 1973

The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of

Section 504 of the Rehabilitation Act of 1973, P. L. No. 93-112 (1973) (codified as amended at 29

U.S.C. 794), which provides that no otherwise qualified handicapped individual in the United

States will, solely by reason of the handicap, be excluded from participation in, be denied the

benefits of, or be subjected to discrimination under any program or activity receiving Federal

financial assistance. These requirements pertain to the provision of benefits or services as well as

to employment.

Article J - Trafficking Victims Protection Act of 2000

Subrecipient hereby acknowledges and agrees that it must 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). The award term is located at 2

C.F.R. Part 175.15, the full text of which is incorporated here by reference.

Article K - Terrorist Financing

The Subrecipient hereby acknowledges and agrees that it must comply with U.S. Executive Order

13224 and all U.S. laws that prohibit transactions with, and the provisions of resources and

support to, individuals and organizations associated with terrorism. It is the legal responsibility of

the Subrecipient to ensure compliance with all such laws and U.S. Executive Order 13224.

Article L - SAFECOM

The Subrecipient hereby acknowledges and agrees that recipients who receive awards made

under programs that provide emergency communication equipment and its related activities must

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comply with the SAFECOM Guidance for Emergency Communication Grants, including

provisions on technical standards that ensure and enhance interoperable communications.

Article M - Reporting Subawards and Executive Compensation

All subrecipients are required to comply with the requirements set forth in the government-wide

Award Term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170,

Appendix A, the full text of which is incorporated here by reference in the terms and conditions of

your award.

Article N – Department and Suspension

The Subrecipient hereby acknowledges and agrees that it is subject to the non-procurement

debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2

C.F.R. Part 180. These regulations restrict Federal financial assistance awards, subawards, and

contracts with certain parties that are debarred, suspended, or otherwise excluded from or

ineligible for participation in Federal assistance programs or activities.

Article O - Copyright

The Subrecipient hereby acknowledges and agrees that it 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 first produced under Federal financial assistance awards.

Article P - Civil Rights Act of 1964 - Title VI

The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of

Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), codified at 6 C.F.R. Part 21 and

44 C.F.R. Part 7, which provides that no person in the United States will, on the grounds of race,

color, or national origin, be excluded from participation in, be denied the benefits of, or be

subjected to discrimination under any program or activity receiving Federal financial assistance.

Article Q - Best Practices for Collection and Use of Personally Identifiable Information (PII)

The Subrecipient hereby acknowledges and agrees that if it collects PII, it is required to have a

publically-available privacy policy that describes standards on the usage and maintenance of PII

it collects. DHS defines personally identifiable information (PII) as any information that permits the

identity of an individual to be directly or indirectly inferred, including any information that is linked

or linkable to that individual. Subrecipients may also find the DHS Privacy Impact Assessments:

Privacy Guidance and Privacy template as useful resources respectively.

Article R - Americans with Disabilities Act of 1990

The Subrecipient hereby acknowledges and agrees that it shall comply with all State and Federal

equal opportunity and non-discrimination requirements and conditions of employment, including

but not limited to Arizona Executive Order 2009-9 and the requirements of Titles I, II, and III of the

Americans with Disabilities Act, P.L. No. 101-336 (1990) (codified as amended at 42 US.C.

12101-12213), which prohibit subrecipients from discriminating on the basis of disability in the

operation of public entities, public and private transportation systems, places of public

accommodation, and certain testing entities.

Article S - Age Discrimination Act of 1975

The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of

the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), which prohibits discrimination on the

basis of age in any program or activity receiving Federal financial assistance.

Article T - Activities Conducted Abroad

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The Subrecipient hereby acknowledges and agrees that it 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 U - Acknowledgement of Federal Funding from DHS

The Subrecipient hereby acknowledges and agrees that it must acknowledge its 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 V - DHS Specific Acknowledgements and Assurances

Subrecipient hereby acknowledges and agrees—and agrees to require any 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. Subrecipient hereby agrees to cooperate with any compliance review or complaint

investigation conducted by DHS and/or AZDOHS.

2. Subrecipient hereby agrees to give DHS access and AZDOHS 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 applicable laws or program

guidance.

3. Subrecipient hereby agrees to submit timely, complete, and accurate reports to the

appropriate DHS and AZDOHS officials and maintain appropriate backup documentation to

support the reports.

4. Subrecipient hereby agrees to comply with all other special reporting, data collection, and

evaluation requirements, as prescribed by law or detailed in program guidance.

Article W - Assurances, Administrative Requirements and Cost Principles, and Audit

Requirements

The Subrecipient hereby acknowledges and agrees that it must complete OMB Standard Form

424B Assurances – Non-Construction Programs, or OMB Standard Form 424D Assurances –

Construction Programs as applicable.

DHS financial assistance recipients are required to follow the applicable provisions of the Uniform

Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

located at 2 C.F.R. Part 200, and adopted by DHS at 2 C.F.R. Part 3002.

Article X - Patents and Intellectual Property Rights

Unless otherwise provided by law, the Subrecipient hereby acknowledges and agrees that it is

subject to the Bayh-Dole Act, P.L. 96-517, codified in 35 U.S.C. 200 et seq., and that it is subject

to the specific requirements governing the development, reporting, and disposition of rights to

inventions and patents resulting from financial assistance awards that are in 37 C.F.R. Part 401

and the standard patent rights clause in 37 C.F.R. 401.14.

Article Y – Nondiscrimination in Matters Pertaining to Faith-Based Organizations

It is DHS policy to ensure the equal treatment of faith-based organizations in social service

programs administered or supported by DHS or its component agencies, enabling those

organizations to participate in providing important social services to beneficiaries. All

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subrecipients must comply with the equal treatment policies and requirements contained in 6

C.F.R. Part 19 and other applicable statutes, regulations, and guidance governing the

participations of faith-based organizations in individual DHS programs.

Article Z – National Environmental Policy Act

All subrecipients must comply with the requirements of the National Environmental Policy Act

(NEPA) 42 U.S.C. 4321 et seq., and the Council on Environmental Quality (CEQ) Regulations (40

C.F.R. Parts 1500-1508) for Implementing the Procedural Provisions of NEPA, which requires

Subrecipients to use all practicable means within their authority, and consistent with other

essential considerations of national policy, to create and maintain conditions under which people

and nature can exist in productive harmony and fulfill the social, economic, and other needs of

present and future generations of Americans.

Article AA - Lobbying Prohibitions

The Subrecipient hereby acknowledges and agrees that it must comply with 31 U.S.C. 1352, and

acknowledges and agrees that none of the funds provided under this Agreement may be used to

pay any person to influence, or attempt to influence an officer or employee of any agency

(whether State or Federal), a Member of Congress, an officer or employee of Congress, or an

employee of a Member of Congress in connection with any Federal action related to a Federal

award or contract, including any extension, continuation, renewal, amendment, or modification.

Article AB - Limited English Proficiency (Civil Rights Act of 1964, Title VI)

The Subrecipient hereby acknowledges and agrees that it must comply with the Title VI of the

Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) prohibition against discrimination on the basis

of national origin, which requires that recipients of federal financial assistance take reasonable

steps to provide meaningful access to persons with Limited English Proficiency (LEP) to their

programs and services. For additional assistance and information regarding language access

obligations, please refer to the DHS Recipient Guidance

https://www.dhs.gov/guidance-

published-help-department-supported-organizations-provide-meaningful-access-people-limited

and additional resources on http://www.lep.gov.

Article AC - Hotel and Motel Fire Safety Act of 1990

In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990 and the Federal Fire

Prevention and Control Act of 1974, 15 U.S.C. section 2225(a), the Subrecipient hereby

acknowledges and agrees that it must ensure that all conference, meeting, convention, or training

space funded in whole or in part with Federal funds complies with all applicable fire prevention

and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. section

2225.

Article AD - Fly America Act of 1974

The Subrecipient hereby acknowledges and agrees that it must comply with Preference for 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 General Decision B-138942.

Article AE - Federal Leadership on Reducing Text Messaging while Driving

All subrecipients are encouraged to adopt and enforce policies that ban text messaging while

driving as described in U.S. Executive Order 13513, including conducting initiatives described in

Section 3(a) of the Order when on official Government business or when performing any work for

or on behalf of the federal government.

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Article AF - Federal Debt Status

The Subrecipient hereby acknowledges and agrees that it is required to be non-delinquent in its

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.

Article AG - False Claims Act and Program Fraud Civil Remedies

The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of

The False Claims Act (31 U.S.C. 3729-3733) which prohibits the submission of false or fraudulent

claims for payment to the Federal government. See also 31 U.S.C. 3801-3812 which details the

administrative remedies for false claims and statements made.

Article AH - Energy Policy and Conservation Act

The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of

The Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codified as amended at 42

U.S.C. 6201 et. seq.) which contain policies relating to energy efficiency that are defined in the

state energy conservation plan issued in compliance with this Act.

Article AI - Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX

The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of

Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), which provide that no

person in the United States will, on the basis of sex, be excluded from participation in, be denied

the benefits of, or be subjected to discrimination under any educational program or activity

receiving Federal financial assistance. These regulations are codified at 6 CFR Part 17 and 44

CFR Part 19.

Article AJ - Duplication of Benefits

Any cost allocable to a particular Federal award, provided for in 2 C.F.R. Part 200, Subpart E may

not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions

imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for

other reasons. However, this prohibition would not preclude a subrecipient from shifting costs that

are allowable under two or more Federal awards in accordance with existing Federal statutes,

regulations, or the terms and conditions of the Federal award.

Article AK - Drug-Free Workplace Regulations

The Subrecipient hereby acknowledges and agrees that it must comply with the drug-free

workplace requirements in Subpart B (or Subpart C, if the Subrecipient is an individual) of 2

C.F.R. part 3001, which adopts the Government-wide implementation (2 C.F.R. part 182) of sec.

5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41

U.S.C. 8101-8106).

Article AL - Civil Rights Act of 1968

The Subrecipient hereby acknowledges and agrees that it must comply with Title VIII of the Civil

Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing,

and advertising of dwellings, or in the provision of services in connection therewith, on the basis

of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. 3601 et seq.),

as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100.

The prohibition on disability discrimination includes the requirement that new multifamily housing

with four or more dwelling units—i.e., the public and common use areas and individual apartment

units (all units in buildings with elevators and ground-floor units in buildings without elevators)—

be designed and constructed with certain accessible features (see 24 C.F.R. 100.201).

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Article AM - Prohibitions on Expending FEMA Award Funds for Covered

Telecommunications Equipment or Services

Per 889(b)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY

2019 NDAA), Pub. L. No. 115-232 (2018):

1. AZDOHS Subrecipients may not use any FEMA funds under open or new awards to:

a. Procure or obtain any equipment, system, or service that uses “covered

telecommunications equipment or services” (as defined in ¶2 of this Article AM) as a

substantial or essential component of any system, or as critical technology of any

system;

b. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or

service that uses covered telecommunications equipment or services as a substantial

or essential component of any system, or as critical technology of any system; or

c. Enter into, extend, or renew contracts with entities that use covered

telecommunications equipment or services as a substantial or essential component of

any system, or as critical technology as part of any system.

2. For purposes of this Article AM “covered telecommunications equipment or services”

means:

a. Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

b. Video surveillance and telecommunications equipment produced by Hytera

Communications Corporation, Hangzhou Hikvision Digital Technology Company, or

Dahua Technology Company (or any subsidiary or affiliate of such entities);

c. Telecommunications or video surveillance services provided by such entities or using

such equipment; or

d. Telecommunications or video surveillance equipment or services produced or

provided by an entity that the Secretary of Defense, in consultation with the Director of

National Intelligence or the Director of the Federal Bureau of Investigation, reasonably

believes to be an entity owned or controlled by, or otherwise connected to, the

People’s Republic of China.

3. FEMA grant funding may be permitted to procure replacement equipment and services

impacted by this Article AM. Subrecipients should refer to applicable program guidance or

contact the AZDOHS to determine if replacement equipment or services are eligible under

the awarded grant program.

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 the Subrecipient’s contractors and 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, which may not be changed except by a writing signed by

all parties hereto in conformity with Paragraph XII, AMENDMENTS.

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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 and ability to perform. If the

Subrecipient fails to provide written assurance within the number of days specified in the demand,

the AZDOHS at 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 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 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.

XVIII. THIRD PARTY ANTITRUST VIOLATIONS

The Subrecipient hereby assigns to 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 under A.R.S.

35-154. If the funds are not allocated and available for the continuance of this Agreement, the

AZDOHS may terminate this Agreement at the end of the period for which funds are available.

No liability shall accrue to the AZDOHS in the event this provision is exercised, and the AZDOHS

shall not be obligated or liable for any future payments or for any damages as a result of

termination under this paragraph, including purchases and/or contracts entered into by the

Subrecipient in the execution of this Agreement.

XX. FORCE MAJEURE

If either party hereto is delayed or prevented from the performance of any act required in this

Agreement by reason of acts of God, strikes, lockouts, labor disputes, civil disorder, or other

causes without fault and beyond the control of the party obligated, performance of such act will be

excused for the period of the delay.

XXI. PARTIAL INVALIDITY

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) calendar days of the events giving the rise to the

dispute. Any claim made by or against the State or any of its political subdivisions (including but

not limited to AZDOHS) relating to this Agreement shall be resolved through the administrative

claims process. In the event that the parties would otherwise be in court and/or if A.R.S. 12-1518

applies, the parties shall proceed in arbitration through the American Arbitration Association

(“AAA”), with the arbitrator to be selected pursuant to AAA rules and the arbitration to be

conducted according to the applicable AAA rules, and with the costs of arbitration (including but

not limited to the arbitrator’s fees and costs) to be divided 50/50 between the parties, subject to

reallocation between the parties by the arbitrator. In the event that the parties become involved in

litigation with each other relating to this Agreement for any reason in any other forum, both parties

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agree to have any claim(s) resolved in arbitration on the terms set forth in this part XXII. Any

arbitration award may be enforced through the Maricopa County Superior Court or the U.S.

District Court located in Phoenix, Arizona.

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 performance knows of the nature of the performance and

fails to object.

XXIV. ENTIRE AGREEMENT

This Agreement constitutes 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 XII, AMENDMENTS. 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. 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.

XXVI. 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.

XXVII. ADVERTISING AND PROMOTION OF AGREEMENT

The Subrecipient shall not advertise or publish information for commercial benefit concerning this

Agreement without the prior written approval of the AZDOHS.

XXVIII. OWNERSHIP OF INFORMATION, PRINTED AND PUBLISHED MATERIAL

The Subrecipient acknowledges that the DHS and the AZDOHS reserve a royalty-free, non-

exclusive, and irrevocable license to reproduce, 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

XXIX. 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.

XXX. INDEMNIFICATION

Each party (as "Indemnitor") agrees to defend, indemnify, 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

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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. The State of Arizona (AZDOHS) is self-insured per A.R.S. 41-621.

In addition, should Subrecipient utilize a contractor(s) and subcontractor(s), the indemnification

clause between Subrecipient and contractor(s) and subcontractor(s) shall include the following:

Contractor shall defend, indemnify, and hold harmless the (insert name of other

governmental entity) and the State of Arizona, and any jurisdiction or agency issuing any

permits for any work arising out of this Agreement, and its departments, agencies, boards,

commissions, universities, officers, officials, agents, and employees (hereinafter referred

to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages,

losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing,

investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or

personal injury (including death), or loss or damage to tangible or intangible property

caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or

omissions of the contractor or any of the directors, officers, agents, or employees or

subcontractors of such contractor. This indemnity includes any claim or amount arising

out of or recovered under the Workers’ Compensation Law or arising out of the failure of

such contractor to conform to any federal, state or local law, statute, ordinance, rule,

regulation or court decree. It is the specific intention of the parties that the Indemnitee

shall, in all instances, except for Claims arising solely from the negligent or willful acts or

omissions of the Indemnitee, be indemnified by such contractor from and against any and

all claims. It is agreed that such contractor will be responsible for primary loss

investigation, defense and judgment costs where this indemnification is applicable.

Additionally on all applicable insurance policies, contractor and its subcontractors shall

name the State of Arizona, and its departments, agencies, boards, commissions,

universities, officers, officials, agents, and employees as an additional insured and also

include a waiver of subrogation in favor of the State.

XXXI. TERMINATION

a) All parties reserve the right to terminate the Agreement in whole or in part due to the failure of

the Subrecipient or AZDOHS 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. A party invoking the right to terminate

shall provide written thirty (30) day advance notice of the termination and the reasons for it to

the other party.

b) If the Subrecipient chooses to terminate the Agreement 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 that otherwise would have

been provided by Subrecipient under this Agreement. The Subrecipient shall be liable to the

AZDOHS for any excess costs incurred by the AZDOHS in procuring materials or services in

substitution for those due from the Subrecipient.

XXXII. 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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XXXIII. 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.

XXXIV. 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.

XXXV. 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 on behalf of the Subrecipient.

XXXVI. SPECIAL CONDITIONS

a) The Subrecipient must comply with the most recent version of the Administrative

equirements, Cost Principles, and Audit requirements.

b) T

he Subrecipient is prohibited from transferring funds between programs (e.g., State

Homeland Security Program, Urban Area Security Initiative, Operation Stonegarden).

c) T

he Subrecipient agrees to comply with the U.S. Department of Homeland Security regulati

6 C.F.R Part 19, which prohibits discrimination based on religion in social service programs

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XXXVII. NOTICES

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, o

hall be sent to the respective parties at the following addresses:

Arizona Department of Homeland Security

1700 West Washington Street, Suite 210

Phoenix, AZ 85007

he Subrecipient shall address all programmatic and reimbursement notices relative to this

Agreement to the appropriate AZDOHS staff; contact information at www.azdohs.gov

he AZDOHS shall address all notices relative to this Agreement to:

Enter Title, First & Last Name Above

Enter Agency Name Above

Enter Street Address Above

Enter City, State, ZIP Above

XXXVII

. IN WITNESS WHEREOF

he parties hereto agree to execute this Agreement.

OR AND BEHALF OF THE FOR AND BEHALF OF THE

Arizona Department of Homeland Security

Enter Agency Name Above

Authorized Signature Above Gilbert M. Orrantia

Director

Print Name & Title Above

Enter Date Above Date

(Com

plete and mail two original documents to the Arizona Department of Homeland Security.)

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