FY19 MCFRP AND AAC AGREEMENT MATCHING FUNDS.PDF

REQUEST FOR EXECUTION OF DOCUMENT
TO: Fran McCarroll, Clerk of the Board
Board of Supervisors
Tenth Floor, Administration Building
//30/18 ¥5-(4 DOU -M-pD
pate. ce
MCAQD
Submitting Department:
- Y19 Fireplace Retrofit Program Restricted Donation
Title of Document:
Date of Legal Review: 7/30/18 Date of Board Approval: 6 | \ S | i&
X
Copy of Agenda Item Attached (AIF)
X
Original Enclosed for Official Filing
2
Number of copies enclosed
(include desired number of copies in addition to the original which is retained for the official files.)
Maria Cody, Travel Reduction & Outreach Division
Return Copies to:
1001 N. Central Avenue, Ste. 550
Location/Address
Phoenix, AZ 85004
SUS NC Cwelused* Sa! ehetv
Date Executed and Returned: — ~


(( -€5-14- 004-M-00
Contract No.:
Effective Date: Upon Final Signature
ARIZONA ASTHMA COALITION
t
&
MARICOPA COUNTY AIR QUALITY DEPARTMENT
Agreement Title: Maricopa County Fireplace Retrofit Program Matching Funds
MARICOPA COUNTY =~ ARIZONA ASTHMA COALITION
1001 N. Central Avenue #125 7949 E, Acoma, Ste. 207
.
Phoenix, AZ 85004 Scottsdale, AZ 85260
.
Name: Phil McNeely Name: Dr. Edward Carter, Arizona
Title: Director, Maricopa County Air ‘Title: Asthma Coalition Chair
Quality Department
THIS AGREEMENT is between MARICOPA COUNTY fhereinafter referred to as the “Maricopa
County” or ‘the County”] and the ARIZONA ASTHMA COALITION fhereinafter referred to as
“AAC”, {collectively, “Patties” ot individually, “Party”]. The Parties are authorized to enter into
this Agreement pursuant to A.R.S. § 49-104.
‘The purpose of this Agreement is for the AAC to provide funds to Maticopa County for use as
matching funds under the Maricopa County Fiteplace Retrofit Program.
This document, including Agreement Terms, Scope of Work, Attachments, Amendments, and any
modifications approved in accordance herewith, shall constitute the entire Agreement between the
patties and supersede all other understandings, oral or written.
‘This Agreement contains the following documents:
1, Agreement Tetins.
2. Scope of Work
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Maricopa County Fireplace Retrofit Program Matching Funds
AGREEMENT TERMS
IN WITNESS WHEREOF, the Parties have executed this “Agreement” as of the Effective
Date set forth above: MARICOPA COUNTY, a political subdivision of the State of Arizona
.
SRE
AUG 15 2088
by Date
Chaitman, Maricopa County Board of Supervisors
Approved Fon:
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Deputy County Attorney
ATTEST:
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BC Date. AUG 15 201
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Clerk of the Maricopa County boned of Supervisors
ARIZONA ASTHMA COALITION
Odessa (a Cafe.
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Signature
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Printed Name
Chair, ff 2 Attu (2, | frw~ Nat
Title
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Date
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Maricopa County Fireplace Retrofit Program Matching Funds
AGREEMENT TERMS
Recitals: The purpose of this Agreement is for AAC to provide funds to Maricopa County for use
as matching funds under the Maricopa County Fireplace Retrofit Program.
Definitions: ‘Ihe Patties agree to expeditiously initiate and complete the Scope of Work under this
Agreement. The Parties warrant, represent and agree that it, thetr employees and teptesentatives will
comply with all terms provided herein. The following definitions shall apply to the terms used in this
Agteement, except where the context necessarily requites otherwise.
2.1 “” means Section.
2.2 “A_A.C.” means Atizona Administrative Code.
2.3 “A.R.S,” means Arizona Revised Statutes.
2.4 “Agreement” means this written contract between AAC and the County.
Access to Information: Subject to statutory confidentiality requirements of the County and AAC,
Patties shall have limited 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 AAC and the person duly authorized to act on behalf of the County. Agreement
amendments shall be executed with the same formalities as the Agreement. Executed copies of any
atnendment shall be provided to Patties.
Amount of Agteement: AAC to provide a lump sum fund in the amount of $9,000.00 to Maricopa
County for use as matching funds under the Maricopa County Fireplace Retrofit Program.
Governing Law: ‘This Contract shall be governed by and construed in accordance with the laws of
the State of Arizona.
Implied Terms: Lach provision of law and any terms requited by law to be in this Agreement are a
patt of this Agreement as if fully stated in it. No agreement or term shall relieve any Party of any
obligation or responsibility imposed on it by law.
Assignment: Parties may not assign any rights hereunder without the express, written, prior consent
of the other.
Audit of Records: Pursuant to A.RS. § 35-214, Patties shall retain all data, books and other records
(“Records”) related to this Agreement for a petiod of five yeats after completion of the Agreement,
including any litigation, claim, negotiation, audit, cost recovery, ot action involving the records has
been completed. All records shall be subject to inspection and audit by the State at reasonable times.
Upon request, Parties shall produce the original of any or all such Records.
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Maricopa County Fireplace Retrofit Program Matching Funds
AGREEMENT TERMS
10. Cancellation of Contracts: Parties may cancel this Agreement, without penalty ot further obligation,
pursuant to A.R.S. § 38-511.
11, Effective Date: This Agreement shall become effective upon execution of the Agrecment by all
patties.
Agreement Term: The initial term of this Agreement shall commence on the Effective Date and
end on June 30, 2019,
Extensions: ‘Ihe Agreement may be extended as many times as desirable, but each extension may
not exceed the duration of the previous Agreement and is subject to applicable law.
14. Availability of Funds
14.1 Non-Availability of Funds: Subject to Arizona law, every payment obligation of AAC under this
Agreement ts conditioned upon the availability of fands appropriated or allocated for the payment of
such obligation. If funds are not allocated and available for the continuance of this Agreement, this
Agreement may be terminated by either Party at the end of the period for which funds are available.
No lability shall accrue to either Party in the event this provision is exercised, and the Parties shall
not be liable for any future payments or for any damages as a tesult of tetmination under this
paragraph.
15. Notices, Correspondence, Reports and Invoices:
15.4 All correspondence telating to the execution of the Agreement, clarification of the Agreement,
Agreement amendments shall be sent to:
For AAC; For MCAQD:
Dr. Edward Carter, Atizona Asthma Coalition Chair Phil McNeely, Director
Arizona Asthma Coalition Maricopa County Air Quality Dept.
7949 BE. Acoma, Ste. 206 1001 N. Central Avenue #125
Scottsdale, AZ 85260 Phoenix, AZ 85004
480-412-6435 (602) 506-6443
edward. carter@bannethealth.com philmcneely@mail.maricopa.gov
15.2 Either Party to this Agreement may designate a new contact by filing a notice with the other
Party in accordance with these notice requirements.
16. Severability: ‘The provisions of this Agreement are severable to the extent that any provision
ot application found invalid shall not affect any other provision or application of the
Agreement. The entire Agreement will remain in effect without the invalid provision or
application.
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Maricopa County Fireplace Retrofit Program Matching Funds
AGREEMENT TERMS
17. Termination: The Parties may terminate this Agreement at any time, with or without cause,
after thirty days’ written notice to the other Patty. The notice shall specify the effective date
of termination.
18, Indemnification: Each Patty (as Indemnitor) agrees to defend, indemnify, and hold
harmless the other Patty (as “Indemnitce") from and against any and all claims, losses, liability,
costs, or expenses (including reasonable attorneys’ fees) (hereinafter collectively referred to as
Claims") arising out of bodily injuty of any person (including death) or property damage, but
otily to the extent that such Claims which tesult in vicatious/detivative liability to the
Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the
Indemnitor, its officers, officials, agents, employees, or volunteets.
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Maricopa County Fireplace Retrofit Program Matching Funds
SCOPE OF WORK
MARICOPA COUNTY AIR QUALITY GOALS AND PRIORITIES:
In an effort to reduce fine particulate matter (PM 2.5) produced by wood burning fite places, MCAQD has
created a Fireplace Retrofit Program. PM 2.5 is an EPA pollutant that is known to cause damaging health
issues, including acute asthma symptoms leading to hospitalization and heart disease, as the tiny pollutant can
deposit deep into the lungs and enter the blood stream. If PM 2.5 should exceed the EPA 24 hour ot annual
standard, this could lead to more stringent regulations and negative economic impact for Maricopa County.
The Fireplace Retrofit Program encourages the use of cleaner burning gas fireplaces to aid in the reduction
of PM 2.5 during the wood burning season. ‘The funds from this agreement will be used to assist County
residents living in a one-mile radius of the two highest PM 2.5 monitors with additional funds beyond the
$2,000 vouchers provided to the larger project area. In these targeted areas, vouchers of up to $2,500 will be
available to assist residents in the retrofit of a wood-burning fireplace to gas.
TIMELINE AND MILESTONES:
This targeted prograrn will commence in September 2018. Funding from this agreement will be used to
supplement funding provided by Maticopa County in cases where fireplace retrofit estimates exceed the
County’s voucher amount of $2,000.
PROGRAMMATIC PRIORITIES:
The Maricopa County Air Quality Department will coordinate and operate the program in its entirety.
Personnel, Fringe and Indirect Charges
Personnel, fringe benefit and indirect costs will be paid for by the County as part of normal ptogratn staff
duties at no additional cost to AAC.
Travel
Costs associated with limit travel to market the program will be included in the personnel costs above.
Supplies, Equipment and Contractual: None
Program Income: None
Direct Charges
The direct charges are $9,000 to be paid in advance lump sum.
Administrative Costs Expense Cap
The County’s administrative expenses will be covered by Maricopa County Air Quality Department.
Matching Funds and Cost-Share Funds
The Maricopa County Air Quality Department will provide vouchers for up to $2,000 towards the retrofit of
wood-burning fireplaces to gas. AAC will be providing $9,000 in additional matching funding to be used to
assist residents in the selected highest pollution areas up to an additional $500 to retrofit their wood-burning
fireplaces with gas, The maximum total funding available to each participant will be up to $2,500,
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