C-85-22-022-X-00 FULLY EXECUTED.PDF

Maricopa County — Formal (2023-02-08)

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Maricopa County Clerk of the Board of Supervisors

REQUEST FOR EXECUTION OF DOCUMENT

TO: Clerk of the Board of Supervisors
Administration Building, 10" Floor

pare: 11/18/2021 cy C-85-22-022-X-00

Approve IGA between MCAQD and Yuma Union HSD #70 - DERA

Title of Document:

Larz Garcia, Grant Programs Administrator 7.) hone i: 602-291-6690

Return Docs To:

Maricopa County Air Quality Department

Department:

11/18/2021 12/08/2021

Date of Legal Review: Meeting Date:

Note to Legal:

(IMPORTANT: Please obtain legal signature on documents prior to Chairman and Clerk of the Board signatures)

I cop: rae
Number of Originals Enclosed

(IMPORTANT: Include desired number of originals in addition to an original copy which is retained for Clerk of the
Board official files.)

Note to Office of the Clerk of the Board:

Date Executed and Returned:

12/8/21
Agenda Item Id: 206076

Item Title

IGA WITH YUMA UNION HIGH SCHOOL DISTRICT #70, FEDERAL DIESEL EMISSIONS REDUCTION ACT
STATE CLEAN DIESEL GRANT PROGRAM

C Number: C-85-22-022-xX-00

Action Requested:

Approve and authorize the Chairman to execute an Intergovernmental Services Agreement (IGA)
between the Maricopa County Air Quality Department (MCAQD) and Yuma Union High School District
#70 for MCAQD to provide up to $292,332 in federal DERA sub-award funding to Yuma Union High
School District #70 for the replacement of six diesel powered school buses.

This agreement will provide up to $292,332 in funds to support the State Clean Diesel Grant Program
and benefit air quality by replacing six buses. One 2001 model year diesel school bus with one 2021
ultra-low sulfur diesel school bus, one 2005 model year diesel school bus and four 2006 model year
diesel school buses with five 2021 propane school buses. Matching funds of 75% will be provided by
Yuma Union High School District #70.

The program is consistent with Maricopa County Air Quality Department’s (MCAQD) mission “to provide
clean air to Maricopa County residents and visitors so they can live, work, and play in a healthy
environment.” This project is in Yuma County.

Additional Information:

Item Notes:
11/19/2021 11:03:22 AM Laurinda Cook Reviewed
11/19/2021 08:42:03 AM Nadia Rodriguez Corrected title

Is there a Financial Impact?
No

General Item Information

Department: Air Quality

Contact Name: David Bruce

Meeting Date: 12/8/2021 9:30 AM - Formal

C-85-22-022-X-00

INTERGOVERNMENTAL SERVICE AGREEMENT Page | of 7

MARICOPA COUNTY AIR QUALITY DEPARTMENT CFDA: 66.040 State Clean Diesel Grant
& Program (B)

Yuma Union High School District #70 Federal Award ID (FAIN): 98126201

Agreement Title: State Clean Diesel Grant Program Sub Award EPA Award Date: September 27, 2021
Effective Date: Upon Final Signature

Termination Date: September 30, 2022

COUNTY a : SUBRECIPIENT |

Maricopa County Yuma Union High School District #70
3800 N Central Ave. Suite 1400 3150 South AVE A

Phoenix, AZ 85012 Yuma, AZ 85364-7928

Name: Philip A. McNeely Name: Ron Schepers

Title: AQD Director Title: Director of Transportation
Phone: 602.506.6701 Phone 602.506.0147

SAM Name: Yuma Union High School District #70
System of Award Management (SAM) No.: 020690392
Congressional District: AZ 03

THIS CONTRACT is between MARICOPA COUNTY [hereinafter referred to as the “Maricopa County” or ‘the County”] and Yuma
Union High School District #70 (YUHSD).

The purpose of this Agreement is to administer the funding provided by the Environmental Protection Agency (EPA) through Maricopa
County to the subrecipient YUHSD for the State Clean Diese] Grant Program Funding provided through the Diesel Emissions Reduction
Act (DERA). As part of this Agreement, the Board of Supervisors is acting under the authority of A.R.S, 11-952 to enter into this
agreement,

YUHSD will assume the following responsibilities:

YUHSD will procure the replacement of the vehicle/s in line with all applicable guidelines set forth by the FY2021 Diesel
Emissions Reduction Act (DERA) State Grants Program Guide as published by the EPA - Office of Transportation and Air
Quality, March 2021.

YUHSD will provide a work plan via separate attachment to the County for review and approval prior to initiating work.

YUHSD will ask for written prior approval from the County for any work plan changes prior to initiating work not approved
in original application/technical data worksheet.

YUHSD will schedule a giant foam check or program certificate presentation with Maricopa County to occur within 90 days
of dated award letter.

YUHSD will post a press release on their organization website within 30 days of the above-mentioned presentation. The press
release and all outreach media pertaining to the subaward must have prior review and written approval from the County. This
includes both written and spoken material. All outreach material must include the “DERA State Clean Diesel Grant Program”,
the funding amount received, and the funding percentage received.

YUHSD will provide monthly reports to Maricopa County on the purchasing of the new vehicles and any issues that arise.
YUHSD will provide quarterly reports with complete updated technical data worksheet.

YUHSD will register as an entity on Sam.gov in order to receive federal grant funds.

YUHSD will register as a vendor to Maricopa County in order to be reimbursed for purchases.

YUHSD will provide detailed invoices to Maricopa County in order to be reimbursed for purchases.

YUHSD will complete all work defined in the project work plan by September 30, 2022.

Page | of 7

2.1

2.2

2.3

2.4

6.1

6.2

10.

11.

YUHSD will affix a County-provided DERA program sticker to all new program vehicles once received. The sticker must
remain on the vehicle at all times.

YUHSD will submit all final project data required to close out the grant including programmatic, financial, and environmental
results including a final updated technical data worksheet.

AGREEMENT TERMS

Recitals: The purpose of this Agreement is to administer the Diesel Emission Reduction Act (DERA) sub award, as explained
under 42 U.S.C, 16133.

Definitions: The Parties agree to expeditiously initiate and complete the scope of work under this Agreement. The Parties
warrant, represent and agree that they, their employees and representatives will comply with all applicable provisions provided
herein. The following definitions shall apply to the terms used in this Agreement, except where the context necessarily requires
otherwise,

“U.S.C.” means United States Code,

“Agreement” means this written document between YUHSD and the County.

“County” means MARICOPA COUNTY, which is acting on behalf of the State of Arizona.
"Parties" means Yuma Union High School District #70 (YUHSD) and MARICOPA COUNTY.

Access to Information: Subject to statutory confidentiality requirements of the County and YUHSD, both parties to this
Agreement shall have full, complete and equal access to data and information prepared under this Agreement on a no-charge
basis.

Amendment: This Agreement may be modified only by written Amendment signed by the Director or designee, of YUHSD
and the person duly authorized to act on behalf of the County. Amendments shall be executed with the same formalities as this
Agreement, Executed copies of any Amendment shall be provided to both parties.

Amount of Agreement: A maximum amount of $292,332.00 will be funded under this Agreement.

Governing Law:

This Agreement shall be govemed by and construed in accordance with the laws of the State of Arizona.

Implied Consent Terms: Each provision of applicable law and any terms required by law to be in this Agreement are a part
of this Agreement as if fully stated in it.

Assignment: Neither Party may assign any rights hereunder without the express, written, prior consent of the other Party.

Audit of Records: YUHSD shall retain all data, books and other records (“records”) relating to this Agreement for a period of
five years after completion of the Agreement, any litigation, claim, negotiation, audit, cost recovery, or action involving the
records has been completed. All records shall be subject to inspection and audit by the EPA at reasonable times. Upon request,
the YUHSD shall produce the original of any or all such records. Examples of such records include:

a. Subrecipient financial statements and reports

b. Programmatic reports including information on environmental results

c. Audit findings

Agreement Term: The initial term of this Agreement shall be from the date the final signatory signs the agreement and will
be valid until September 30, 2022,

Effective Date: This Agreement shall become effective upon execution of the agreement by all parties.

Non-Availability of Funds; Every payment obligation of the County under this Agreement is conditioned upon the availability
of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the

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12.

12.1

12.2

13.3

14,

15,

16,

17.

171

17,2

17.3

18.

continuance of this Agreement, this Agreement may be terminated by either party at the end of the period for which funds are
available, No liability shall accrue to either party in the event this provision is exercised, and the parties shall not be obligated
or liable for any future payments or for any damages as a result of termination under this paragraph,

Notices, Correspondence, Reports and Invoices:

All notices and correspondence from the County shall be sent to:

Ron Schepers, Director of Transportation
Yuma Schools Transportation Consortium
8550 E 24" Street

Yuma, AZ 85365

(928) 502-8840

rschepers@yuma.org

All correspondence relating to the execution of the Agreement, clarification of this Agreement, and Agreement Amendments
shall be sent to:

For Yuma Union High School District #70 For Maricopa County:

Dianne Cordery, Chief Financial Officer Larz Garcia, Grant Programs Administrator
Yuma Union High Schoo] District #70 Maricopa County Air Quality

3150 South AVE A 3800 N Central Ave. Suite 1400

Yuma, AZ 85364 Phoenix, AZ 85012

(928) 502-4611 (602) 506-0147

deordery@yumaunion.org larz.garcia@maricopa.gov

Either party to this Agreement may designate a new contact by filing a notice with the other party in accordance with these
notice requirements.

Ownership of Information: Title to all documents, reports and data prepared in the course of this Agreement by YUHSD
shall rest with the County. The County shall have full and complete rights to reproduce, duplicate, disclose, perform, and
otherwise use all information prepared under this Agreement.

Reporting: Reporting pursuant to 42 U.S.C. 16133 shall be in accordance with the Scope of Work at the end of this Agreement.
In addition, YUHSD will provide quarterly status reports.

Severability: The provisions of this Agreement are severable to the extent that any provision or application determined to be
invalid shall not affect any other provision or application of the Agreement, which shall remain in effect without the invalid
provision or application.

Termination:

YUHSD or the County may terminate this Agreement at any time, with or without cause, after giving 30 days written notice of
termination to the other party, as appropriate. The notice shall specify the effective date of termination.

Pursuant to the provisions of A.R.S. 38-51 1, either party may cancel this Agreement without penalty or obligation, ifany person
significantly involved in the initiating, negotiating, securing, drafting, or creating this Agreement on behalf of the terminating
party is at any time while the Agreement or any extension thereof is in effect, an employee of the other party to the Agreement
in any capacity with respect to the subject matter of this Agreement.

In the event the Agreement is terminated, with or without cause, YUHSD shall deliver all finished or unfinished program
documents, data, and reports prepared as a result of this Agreement to the County.

E-Verify: The parties warrant compliance, on behalf of themselves and all subcontractors, with all federal immigration laws
and regulations relating to their employees, and compliance with the E-Verify requirements under A.R.S, 23-214(A). Any
party’s breach of the abovementioned warranty shall be deemed a material breach of this Agreement and the nonbreaching
party may terminate this Agreement. The parties retain the legal right to inspect the papers of any other party to ensure that the
party is complying with the abovementioned warranty under this Agreement.

Page 3 of 7

19, Indemnification:

19.1 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.

DIESEL EMISSIONS REDUCTION ACT STATE CLEAN DIESEL GRANT PROGRAM OVERVIEW

Administration

Maricopa County Air Quality Department (MCAQD) will administer the Diesel Emissions Reduction Act (DERA) State Clean
Diesel Grant Program in Maricopa County under authorization from the State of Arizona and the EPA. YUHSD will limit
administrative costs to the program by using existent funds and staff. Costs to the DERA fund will be limited to YUHSD
administrative costs if approved in the application, and equipment reimbursable costs.

DERA will allow for vehicles with older diesel engines up to engine model year 2009 and 2010 or newer if retrofitted or replaced
with zero emission or low-NOx. DERA will pay the current percentages for the specified technology written in the approved work
plan, and YUHSD will be responsible for the cost share amount.

DERA Eligible Activities DERA Funding Limits Minimum Mandatory
(DERA Funds + Voluntary | Cost-Share (Fleet Owner
Match) Contribution)

Exhaust Control Retrofit 100% 0%

Engine Upgrade / 40% 60%

Remanufacture

Highway Idle Reduction 25% 15%

Locomotive Idle Reduction 40% 60%

Marine Shore Power 25% 15%

Electrified Parking Space 30% 70%

Engine Replacement— Diesel 40% 60%

or Alternative Fuel

Engine Replacement— Low 50% 50%

NOx

Engine Replacement— All- 60% 40%

Electric

Vehicle/Equipment 25% 715%

Replacement— Diesel or
Alternative Fuel

Vehicle/Equipment 35% 65%
Replacement
— Low NOx

Page 4 of 7

Vehicle/Equipment 45% 55%
Replacement
~ All-Electric

Budget and Period of Performance

Written approval by MCAQD is required prior to any changes to the sub award budget. Failure to obtain prior written authorization
may result in suspension of the sub award or unallowability of costs.

Sub award monies are to be used only during the period of the agreement effective date through September 30, 2022. Any deviation
from this schedule must have prior approval from MCAQD. A request for extension may be considered but will require prior
approval by MCAQD and the EPA a minimum of sixty days before the scheduled end date of the award.

Disbursements

Payment of sub award monies is to be made once evidence of retrofit completion or new vehicle invoice and documentation of
proper destruction of replaced vehicle is submitted to MCAQD. Use of subaward monies is subject to compliance with these
conditions of the subaward and satisfactory project performance. MCAQD reserves the right to terminate any project that, in
MCAQD’s sole discretion, is not satisfactorily pursuing and fulfilling stated project goals and objectives. MCAQD shall reimburse
YUHSD for cancellable obligations properly incurred prior to termination notice.

Destruction Requirements

The vehicle/equipment being replaced will be scrapped or rendered permanently disabled within 90 days of the replacement, or
remanufactured to a certified cleaner current emission standard. Permanently disabling the chassis and disabling or remanufacturing
the engine while retaining possession of the vehicle/equipment is an acceptable scrapping method. Disabling the chassis may be
completed by cutting through the frame/frame rails on each side at a point located between the front and rear axles. Other acceptable
scrappage methods may be considered and will require written approval from MCAQD Grant Programs Administrator,
Vehicle/Equipment components that are not part of the engine or chassis may be salvaged from the unit being replaced. If scrapped
or remanufactured vehicles/equipment or salvaged vehicle/equipment chassis or components are to be sold, this program income
will need to be addressed in the submitted budget.

SCOPE OF WORK

The YUHSD, under the authorization of Maricopa County in accordance with 42 U.S.C. 16133, shall administer the Diesel
Emissions Reduction Act (DERA) State Clean Diesel Grant Program.

The County shall provide the following services:
ld Maricopa County will review and pay program invoices submitted by YUHSD.

1.2 Maricopa County will verify emissions reductions from the vehicles retrofitted or replaced. Maricopa County will collect
data from the YUHSD and submit quarterly reports as required by the EPA. On December 30, 2023, the County shall
prepare and submit a final report to the EPA that contains at least the following information:

The number of vehicles retrofitted or replaced by model year.

The quantity and nature of vehicle emissions reduced.

The cost-effectiveness of the DERA in terms of dollars spent per ton of vehicle emission reductions.
Any recommendations for improving the effectiveness of the DERA.

The administrative costs of the DERA.

eaogo7f

YUHSD, shall provide the following services:

2.1 Follow all program requirements as detailed in the FY2021 Diesel Emissions Reduction Act (DERA) State Grants
Program Guide as published by the EPA - Office of Transportation and Air Quality, March 2021.

2.2 Determine and verify eligibility of retrofit components and/or vehicles for DERA.
2.3 Adhere to the project work plan noted below as approved by the EPA and the MCAQD.

2.4 Per its written procurement policy, obtain and review bids to purchase DERA-eligible qualified replacement vehicles

Page 5 of 7

while adhering to Federal program requirements.

Page 6 of 7

2.5 Follow all Federal grant requirements including 2 CFR §200.318 General Procurement Standards through §200.326.
2.6 Establish and follow written policies required by the 2 CFR 200:

a. Suspension and Debarment (per 2 CFR §200.214)

b. Financial Management (per 2 CFR §200.302)

c. Allowability of Costs (per 2 CFR §200.302(b)(7) and Subpart E-Cost Principles)

d, Internal Controls (per 2 CFR §200.303)

e. Conflict of Interest (per CFR $200.318(c) (1-2)

f. General Procurement Standards (per 2 CFR §200.318 through 200.326)

2.7 Upon agreement effective date, order, receive and document replacement vehicles.

2.8 Submit quarterly reports and vehicle data as requested by the County.

2.9 Invoice Maricopa County for program costs associated with implementing the DERA per program reimbursement and
support documentation requirements.

2.10 Submit evidence of appropriate disposal (digital photos including the engine tag showing the serial number, engine family
number, and engine model year and of the destroyed engine block and cut frame rails or other structural components) as
required by program guidelines, Submit photos of newly purchased replacement vehicles.

| Target | Fleet: School Bus School Bus School Bus” School Bus School Bus School Gus

Vehicle {dentification 1 BABNBXA21F 200813 ADRBWAAR76A2359 11 4DRBWAARS/AS32951 4DRBWAARSTA432953 ADRBWAAR77A432952 ADRBUAAL47B433066

Vehicle Make: BLUEBIRD international | international Intemational international inlemational

Engine Serial Number(s): 46038406 466HN2U2073117 | 466HM 202122577 466HM2UZ 122675 “ABGHH2U2 122574 466HM2U2121134

Engine Make: ~ CUMMINS international international inlematioral International ~~ “Tnternational

Engine Model Year: 2001 2005 Ex a Coad 2006 2006)

C-B5-22-022-K0O
IN WITNESS WHEREOF, the parties have executed this “Agreement” as of the date set forth above;
MARICOPA COUNTY

Jack Sellers, Chairman

DEC € 8 202
Date
Maricopa County Board of Supervisors

Altest by: -
A wow pup
Juanita Garza? Clerk of the oatd

Maricopa County

f
VEL b

Date
YUMA UNION HIGH SCHOOL DISTRICT #70:
CoN (\ |
Sy Pe d A (wane =
__Dianne Cordery, Chief inapeial a Of Ticer
3 \\ | lala
Signature Date!
Yuma Union High School District #70 (YUHSD)

Approved as to Form

In accordance with A.R.S. §§ 11-201, 11-251, 11-951 and 11-952, the foregoing Agreement has been reviewed by the
undersigned attorneys who have determined that said Agreement is in proper form and is within the powers and
authority granted to the public body represented by their respective attorneys

Karen Farthan- Tellez-Sénior Deputy County
Attorney

November 18, 2021

Date
Maricopa County

Ben Tufford, Porat, Mongini, Parnell &
Tucker, P.C

_ h/A fa.

Date
Yuma Union High School District #70 (YUHSD)

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