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SUBRECIPIENT AGREEMENT -REALLOCATION
OPERATION STONEGARDEN GRANT PROGRAM
EQUIPMENT
18-AZDO
HS-OPSG
-
(Enter Subrecipient Agreement number above (e.g., 180XXX-XX)
Betw
een
The Ar
izona 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 December 3, 2020 and shall terminate on July 31,
2021. 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 Equipmentand 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-2018-SS-
00004-S01
and CFDA #97.067:
a) Prov
ide up to $ to the S
ubrecipient for services provided under
Paragraph III. (Enter funded award amount above)
b) Payment made by the AZDOHS to the Subrecipient shall be on a reimbursement basis only
and is conditioned upon receipt of proof of payment and applicable, accurate and complete
reimbursement documents, as deemed necessary by the AZDOHS, to be submitted by the
Subrecipient. A listing of acceptable documentation can be found at www.azdohs.gov
.
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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 the
AZDOHS immediately. If the project is completed at a lower cost than the original budget called
for, the amount reimbursed to the subrecipient shall be for only the amount of dollars actually
spent by the subrecipient in accordance with the approved application. For any funds received
under this Agreement for which expenditure is disallowed by an audit exemption or otherwise by
the AZDOHS, the State, or Federal government, the Subrecipient shall reimburse said funds
directly to the AZDOHS immediately.
VI. FINANCIAL AUDIT/PROGRAMMATIC MONITORING
The Subrecipient agrees to comply with the record-keeping requirements and other requirements
of A.R.S. section 35-214 and section 35-215.
a) In addition, in compliance with the Federal Single Audit Act (31 U.S.C. part 7501-7507), as
amended by the Single Audit Act Amendments of 1996 (P.L. 104 to 156), the Subrecipient
must have a Single Audit or program specific audit conducted in accordance with 2 CFR 200
(Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards) if the Subrecipient expends more than $750,000 from Federal awards in its previous
fiscal year. If the Subrecipient has expended more than $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 Subrecipients fiscal year end.
b) Failure to comply with any requirements imposed as a result of an audit will suspend
reimbursement 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) Subrecipients 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 to
AZDOHS 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) Subrecipient 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 monitoring
visits. 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 cooperate
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 also
shall comply with all requests of AZDOHS that AZDOHS deems necessary to assure the
parties’ compliance with their obligations under this Agreement.
VII. APPLICABLE REGULATIONS
The Subrecipient must comply with the applicable Notice of Funding Opportunity (NOFO), Office
of Management and Budget Code of Federal Regulations (CFR) 2 CFR 200: Uniform Guidance.
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The NOFO for this program is hereby incorporated into your award 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.
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
http://www.dol.gov/compliance/laws/comp-dbra.htm
.
Insurance Coverage
The Subrecipient affirms the organization maintain insurance coverage as described in 2 CFR
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 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. 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
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 Preservation Office. DHS/FEMA will not fund
projects that are initiated without the required EHP review.
Additionally, all recipients are required to comply with DHS/FEMA EHP Policy Guidance. This
EHP Policy Guidance can be found in FP 108-023-1, Environmental Planning and Historic
Preservation Policy Guidance.
In addition to the above mentioned guidance documents, the following provisions must be
adhered to:
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Consultants/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 CFR 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.
Contractors/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 CFR 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, in the opinion
of the Subrecipient, may result in litigation related in any way to this Agreement.
Travel Costs
All grant funds expended for travel, lodging, meals and incidentals must be consistent with 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 agency. 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
.
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: www.azdohs.gov.
Training 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:
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
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(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 standards;
b) SAFECOM Guidance;
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. section 41-4401immigration 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. section 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.
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, grant application, and Code of Federal Regulations 2 CFR 200. The Subrecipient shall
exercise caution in the use, maintenance, protection and preservation of such property.
a) Property/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 CFR 200.313 - Equipment. Any loss, damage, or theft shall be investigated
and reported to the AZDOHS. Any equipment lost, damaged or stolen shall be replaced by
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the Subrecipient at the Subrecipient’s expense and an updated Property Control Form
submitted to AZDOHS.
b) Nonexpendable 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 more
years, 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
www.azdohs.gov.
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 control 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 to AZDOHS.
b. Adequate maintenance procedures must be developed to keep the property in good
condition.
e) When Nonexpendable Property/Equipment and/or Capital Assets are no longer in operational
use by the Subrecipient, an updated Property Control Form must be submitted to AZDOHS
immediately. The disposition of equipment shall be in compliance with the AZDOHS
Disposition Guidance and 2 CFR 200. If the Subrecipient is requesting disposition of Capital
Assets for reasons other than theft, destruction, or loss, the Subrecipient must submit an
Equipment Disposition Request Form and receive approval prior to the disposition. The
Equipment Disposition Request Form can be found at www.azdohs.gov.
f) Equipment Record Retention
a. 2 CFR 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 grant funds for any indirect costs that may be incurred are in
accordance with 2 CFR 200 and the applicable NOFO. Indirect costs must be applied for and
approved in writing by the AZDOHS prior to expenditure and reimbursement.
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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 agrees to comply with the Federal Debarment and Suspension regulations as
outlined in the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion – Lower Tier Covered Transactions.” All recipients must comply with Executive Orders
12549 and 12689, and 2 CFR 200.213 which provide protection against waste, fraud, and abuse
by debarring or suspending those persons deemed irresponsible in their dealings with the Federal
government.
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
www.azdohs.gov
. Quarterly programmatic reports shall be submitted to the AZDOHS until the
entire scope of the project is completed. If the scope of the project has been fully completed
and implemented, and there will be no further updates, then the quarterly programmatic report
for the quarter in which the project was completed will be sufficient as the final report. The
report should be marked as final and should be inclusive of all necessary and pertinent
information regarding the project as deemed necessary by the AZDOHS.
b) Subrecipients must provide substantial/detailed information as to the status of completion of
the milestones included in the application. 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 1December 31)
April 15 (for the period from January 1 March 31)
July 15 (for the period from April 1 June 30)
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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
disposition of equipment must be in compliance with the AZDOHS Disposition
Guidance and 2 CFR 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.
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 consent
of both parties.
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XII. AMENDMENTS
Any change in this Agreement including but not limited to the Description of Services and budget
described herein, whether by modification or supplementation, must be accomplished by a formal
Agreement amendment signed and approved by and between the duly authorized representative
of the Subrecipient and the AZDOHS. 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 CFR section 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, as amended by the Resource Conservation and Recovery Act, and
that the requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage
of recovered materials practicable, consistent with maintaining a satisfactory level of competition.
Article D - Whistleblower Protection Act
The Subrecipient hereby acknowledges and agrees that it must comply with the statutory
requirements for whistleblower protections (if applicable) at 10 U.S.C section 2409, 41 U.S.C.
4712, and 10 U.S.C. section 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), which amends 18 U.S.C. section 175175c.
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Article GUniversal 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, 29 U.S.C. section 794, as amended, 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. section 7104). The award term is located
at 2 C.F.R. Part 175, 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 U.S. law 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 the Order and laws.
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
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 CFR 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 (E.O.) 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.
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Article O - Copyright
The Subrecipient hereby acknowledges and agrees that it must affix the applicable copyright
notices of 17 U.S.C. sections 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. section 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 they collect PII they are required to
have a publically-available privacy policy that describes standards on the usage and maintenance
of PII they collect. 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. Recipients 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, which prohibits recipients 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 (42 U.S.C. sections 1210112213).
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. section 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
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 agreesand agrees to require any contractors,
successors, transferees, and assignees acknowledge and agreeto 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.
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2. Subrecipient hereby agrees to give DHS access to and the right to examine and copy
records, accounts, and other documents and sources of information related to the grant and
permit access to facilities, personnel, and other individuals and information as may be
necessary, as required by DHS regulations and other applicable laws or program guidance.
3. Subrecipient hereby agrees to submit timely, complete, and accurate reports to the
appropriate DHS 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.
5. If, during the past three years, the Subrecipient has been accused of discrimination on the
grounds of race, color, national origin (including limited English proficiency), sex, age,
disability, religion, or familial status, the Subrecipient shall provide a list of all such
proceedings, pending or completed, including outcome and copies of settlement agreements
to the DHS financial assistance office and the DHS Office of Civil Rights and Civil Liberties
(CRCL) by email at crcl@hq.dhs.gov
or by mail at U.S. Department of Homeland Security
Office of Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D.C.
20528.
6. In the event any court or administrative agency makes a finding of discrimination by
Subrecipient (or any of its contractors or subcontractors involved in providing goods or
services under this Agreement) on grounds of race, color, national origin (including limited
English proficiency), sex, age, disability, religion, or familial status against the recipient, or
the recipient settles a case or matter alleging such discrimination, Subrecipient must forward
a copy of the complaint and findings to the DHS financial assistance office and the CRCL
office by email or mail at the addresses listed above.
Subrecipient hereby acknowledges and agrees that the United States has the right to seek
judicial enforcement of these obligations.
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. Certain assurances in this document may not be applicable
to this Agreement, and the awarding agency may require applicants to certify additional
assurances. Please contact the program awarding office if you have any questions.
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 Title 2, Code of Federal Regulations, 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, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. section
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 are in 37 CFR Part 401 and the standard patent rights clause in 37 CFR section 401.14.
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Article Y Notice of Funding Opportunity Requirements
All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding
Opportunity (NOFO) for this program are incorporated here by reference in the award terms and
conditions. The Subrecipient hereby acknowledges and agrees that it must comply with any such
requirements set forth in the program NOFO.
Article Z Non-supplanting Requirement
The Subrecipient receiving Federal financial assistance awards made under programs that
prohibit supplanting by law must ensure that Federal funds do not replace (supplant) funds that
have been budgeted for the same purpose through non-Federal sources.
Article AA – 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
Subrecipients must comply with the equal treatment policies and requirements contained in 6
CFR Part 19 and other applicable statutes, regulations, and guidance governing the participations
of faith-based organizations in individual DHS programs.
Article AB – 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. 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 AC - Lobbying Prohibitions
The Subrecipient hereby acknowledges and agrees that it must comply with 31 U.S.C. section
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 AD - 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 (Title VI) 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 AE - Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 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 the fire prevention and control guidelines of the Federal Fire Prevention and
Control Act of 1974, 15 U.S.C. section 2225.
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Article AF - Fly America Act of 1974
The Subrecipient hereby acknowledges and agrees that it must comply with the following
Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement,
which states preference for the use of U.S. flag air carriers (air carriers holding certificates under
49 U.S.C. section 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. section 40118) and the interpretative guidelines
issued by the Comptroller General of the United States in the March 31, 1981, amendment to
Comptroller General Decision B138942.
Article AG - 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 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.
Article AH - Federal Debt Status
The Subrecipient hereby acknowledges and agrees that it is required to be non-delinquent in their
repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other
taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.
Article AI - 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. Section 3729) which prohibits the submission of false or
fraudulent claims for payment to the Federal government. See also 38 U.S.C. sections 3801-3812
which details the administrative remedies for false claims and statements made.
Article AJ - 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 (42 U.S.C. Chapter 77) which contain policies relating to
energy efficiency that are defined in the state energy conservation plan issued in compliance with
this Act.
Article AK - 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. section 1681 et seq.), which provides
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 AL - Duplication of Benefits
Any cost allocable to a particular Federal award, provided for in 2 CFR 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 form 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 AM - Drug-Free Workplace Regulations
The Subrecipient hereby acknowledges and agrees that it must comply drug-free workplace
requirements in Subpart B (or Subpart C, if the Subrecipient is an individual) of 2 C.F.R. part
30001, 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).
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Article AN - 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. section 3601
et seq.), as implemented by the Department of Housing and Urban Development at 24 CFR Part
100. The prohibition on disability discrimination includes the requirement that new multifamily
housing with four or more dwelling unitsi.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 CFR section
100.201).
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.
XVI. RIGHT TO ASSURANCE
If the AZDOHS in good faith has reason to believe that the Subrecipient does not intend to, or is
unable to perform or continue performing under this Agreement, the AZDOHS may demand in
writing that the Subrecipient give a written assurance of intent to perform. If the Subrecipient fails
to provide written assurance within the number of days specified in the demand, the AZDOHS 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. section 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.
section 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.
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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. section
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 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. The Subrecipient agrees to
comply with any such amendment within ten (10) business days of receipt of a fully executed
amendment. All prior and contemporaneous agreements, representations, and understandings of
the parties, oral, written, pertaining to the subject matter hereof, are hereby superseded or
merged herein.
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.
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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 written approval of the AZDOHS.
XXVIII. OWNERSHIP OF INFORMATION, PRINTED AND PUBLISHED MATERIAL
The AZDOHS reserves the right to review and approve any publications funded or partially
funded through this Agreement. All publications funded or partially funded through this
Agreement shall recognize the AZDOHS and the U.S. Department of Homeland Security. The
U.S. Department of Homeland Security and the AZDOHS shall have full and complete rights to
reproduce, duplicate, disclose, perform, and otherwise use all materials prepared under this
Agreement.
The Subrecipient agrees that any report, printed matter, or publication (written, visual, or sound,
but excluding press releases, newsletters, and issue analyses) issued by the Subrecipient
describing programs or projects funded in whole or in part with Federal funds shall contain the
following statement:
"This document was prepared under a grant from the U.S. Department of
Homeland Security. Points of view or opinions expressed in this document are
those of the authors and do not necessarily represent the official position or
policies of the U.S. Department of Homeland Security."
The Subrecipient also agrees that one copy of any such publication, report, printed matter, or
publication shall be submitted to the AZDOHS to be placed on file and distributed as appropriate
to other potential subrecipients or interested parties. The AZDOHS may waive the requirement
for submission of any specific publication upon submission of a request providing justification
from the Subrecipient.
The AZDOHS and the Subrecipient recognize that research resulting from this Agreement has
the potential to become public information. However, prior to the termination of this Agreement,
the Subrecipient agrees that no research-based data resulting from this Agreement shall be
published or otherwise distributed in any form without express written permission from the
AZDOHS and possibly the U.S. Department of Homeland Security. It is also agreed that any
report or printed matter completed as a part of this agreement is a work for hire and shall not be
copyrighted by the Subrecipient.
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
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.
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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. The staff of either party shall provide a
written thirty (30) day advance notice of the termination and the reasons for it.
b) If the Subrecipient chooses to terminate the 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 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.
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.
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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.
XXXVI. SPECIAL CONDITIONS
a) The Subrecipient must comply with the most recent version of the Administrative
Requirements, Cost Principles, and Audit requirements.
b) The Subrecipient acknowledges that 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.
c) 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.
d) The Subrecipient is prohibited from transferring funds between programs (e.g., State
Homeland Security Program, Urban Area Security Initiative, Operation Stonegarden).
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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, or
shall be sent to the respective parties at the following addresses:
Arizona Department of Homeland Security
1700 West Washington Street, Suite 210
Phoenix, AZ 85007
The Subrecipient shall address all programmatic and reimbursement notices relative to this
Agreement to the appropriate AZDOHS staff; contact information at www.azdohs.gov
.
The AZDOHS shall address all notices relative to this Agreement to:
Enter Title, First & Last Name Above
Enter Agency Name Above
Enter Street Address Above
Enter City, State, ZIP Above
XXXVIII
. IN WITNESS WHEREOF
The parties hereto agree to execute this Agreement.
FOR 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
(Complete and mail two original documents to the Arizona Department of Homeland Security.)