FY20 DERA YUMA ELEMENTARY LEA SIGNED IGA.PDF

SERVICE AGREEMENT Page 1 of 7
INTERGOVERNMENTAL
CFDA: 66.040 State Clean Diesel Grant
MARICOPA COUNTY AIR QUALITY DEPARTMENT
Program (B)
& Federal Award ID (FAIN): 99T63001
YUMA ELEMENTARY SCHOOL DISTRICT #1 2020
EPA Award Date: August 18,
Effective Date: Upon Final Signature
greement Title: State Clean Diesel Grant Program Sub Award Termination Date: September 30, 2021
SUBRECIPIENT
P COUNTY,
Yuma Elementary School District #1
Maricopa County
3800 N Central Ave. Suite 1400 450 6% St.
Phoenix, AZ 85012 Yuma, AZ 85364-2973
Name: Philip A. McNeely Name: James Sheldahl
Title: AQD Director Title: Superintendent
Phone: 602.506.6701 Phone 928.502.4303
SAM Name: Yuma Elementary Schoo! District #1
System of Award Management (SAM) No.: 014500060
Congressional District: A 3
is between MARICOPA COUNTY [hereinafter referred to as the “Maricopa County” or ‘the County”] and Yuma
THIS CONTRACT
Elementary School District #1 (YESD).
of this is to administer the funding provided by the Environmental Protection Agency (EPA) through Maricopa
The purpose Agreement
the YESD for the State Clean Diese! Grant Program Funding provided through the Diesel Emissions Reduction
County to subrecipient
the Board of Supervisors is acting under the authority of A.R.S. 11-952 to enter into this
Act (DERA). As part of this Agreement,
agreement.
YESD will assume the following responsibilities:
the of the vehicle/s in line with guidelines set forth by the FY2017-2018 State Clean Diesel
YESD will procure replacement
Grant Program Information Guide.
YESD will provide a work plan via separate attachment to the County for review and approval prior to initiating work.
YESD 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.
to Maricopa County on the purchasing of the new vehicles and any issues that arise.
YESD will provide monthly reports
YESD will provide quarterly reports with complete updated technical data worksheet.
YESD will register as an entity on Sam.gov in order to receive federal grant funds.
YESD will register as a vendor to Maricopa County in order to be reimbursed for purchases.
YESD will provide detailed invoices to Maricopa County in order to be reimbursed for purchases.
YESD will complete all work defined in the project work plan by September 30, 2021.
YESD 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.
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AGREEMENT TERMS
Recitals: The of this Agreement is to administer the Diesel Emission Reduction Act (DERA) sub award, as explained
purpose
under 42 U.S.C. 16133.
Definitions: The Parties to expeditiously initiate and complete the scope of work under this Agreement. The Parties
agree
and that they, their employees and representatives will comply with all applicable provisions provided
warrant, represent agree
herein, The following definitions shall apply to the terms used in this Agreement, except where the context necessarily requires
otherwise.
2.1 “U.S.C.” means United States Code.
2.2 “Agreement” means this written document between YESD and the County.
2.3 “County” means MARICOPA COUNTY, which is acting on behalf of the State of Arizona.
2.4 Parties means Yuma Elementary School District #1 (YESD) and MARICOPA COUNTY.
to confidentiality requirements of the County and YESD, both parties to this
Access to Information: Subject statutory
shall have full, complete and equal access to data and information prepared under this Agreement on a no-charge
Agreement
basis.
This be modified only by written Amendment signed by the Director or designee, of YESD
Amendment: Agreement may
and the authorized to act on behalf of the County. Amendments shall be executed with the same formalities as this
person duly
Agreement. Executed copies of any Amendment shall be provided to both parties.
Amount of Agreement: A maximum amount of $48,989.00 will be funded under this Agreement.
Governing Law:
6.1 This shall be governed by and construed in accordance with the laws of the State of Arizona.
Agreement
Consent Terms: Each provision of applicable law and any terms required by law to be in this Agreement are a part
6.2 Implied
of this Agreement as if fully stated in it.
Neither assign rights hereunder without the express, written, prior consent of the other Party.
Assignment: Party may any
Audit of Records: YESD shall retain all data, books and other records (“records”) relating to this Agreement for a period of
five after completion of the Agreement, any litigation, claim, negotiation, audit, cost recovery, or action involving the
years
records has been completed. All records shall be subject to inspection and audit by the EPA at reasonable times. Upon request,
the YESD 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
Term: The initial term of this Agreement shall be from the date the final signatory signs the agreement and will
Agreement
be valid until September 30, 2021.
10. Effective Date: This Agreement shall become effective upon execution of the agreement by all parties.
of Funds: Every payment obligation of the County under this Agreement is conditioned upon the availability
11, Non-Ayailability
allocated for the payment of such obligation. If funds are not allocated and available for the
of funds appropriated or
this be terminated by either party at the end of the period for which funds are
continuance of this Agreement, Agreement may
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 future payments or for any damages as a result of termination under this paragraph.
any
12, Notices, Correspondence, Reports and Invoices:
12.1 All notices and correspondence from the County shall be sent to:
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Ron Schepers, Director of Transportation
Yuma Schools Transportation Consortium
8550 E, 24h St.
Yuma, AZ 85365
(928) 502-8840
rschepers@yuma.org
12.2 All correspondence relating to the execution of the Agreement, clarification of this Agreement, and Agreement Amendments
shall be sent to:
For Yuma Elementary School District #1 For Maricopa County:
Elizabeth Valenzuela, Chief Financial Officer Larz Garcia, Grant Programs Administrator
Yuma Elementary School District #1 Maricopa County Air Quality
450 W 6th St. 3800 N. Central Avenue, Suite 1400
Yuma, AZ 85364 Phoenix, AZ 85012
(928) 502-4302 (602) 506-0147
evalenzuelal@yuma.org larz.garcia@maricopa.gov
13.3 Either to this Agreement may designate a new contact by filing a notice with the other party in accordance with these
party
notice requirements.
14. Ownership of Information: Title to all documents, reports and data prepared in the course of this Agreement by YESD 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.
to 42 U.S.C. 16133 shall be in accordance with the Scope of Work at the end of this Agreement.
15. Reporting: Reporting pursuant
In addition, YESD will provide quarterly status reports.
16. Severability: The provisions of this Agreement are severable to the extent that any provision or application determined to be
invalid shall not affect other provision or application of the Agreement, which shall remain in effect without the invalid
any
provision or application.
17. Termination:
17.1 YESD the County terminate this Agreement at any time, with or without cause, after giving 30 days written notice of
or may
termination to the other party, as appropriate. The notice shall specify the effective date of termination.
17.2 In the event the Agreement is terminated, with or without cause, YESD shall deliver all finished or unfinished program
documents, data, and reports prepared as a result of this Agreement to the County.
18. Indemnification:
Each Indemnitor) to defend, indemnify, and hold harmless the other party (as Indemnitee) from and against
18.1 party (as agrees
and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred
any
to Claims) arising out of bodily injury of any person (including death) or property damage, but only to the extent that such
as
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
Air (MCAQD) will administer the Diese] Emissions Reduction Act (DERA) State Clean
Maricopa County Quality Department
in under authorization from the State of Arizona and the EPA, YESD will limit administrative
Diesel Program Maricopa County
the existent funds and staff. Costs to the DERA fund will be limited to YESD administrative costs if
costs to program by using
approved in the application, and equipment reimbursable costs.
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DERA will allow for vehicles with engine years from 1996-2009 and 2010 or newer if retrofitted or replaced with zero emission or
low-NOx. DERA will the current percentages for the specified technology written in the approved work plan, and YESD will
pay
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% 75%
Locomotive Idle Reduction 40% 60%
Marine Shore Power 25% 75%
Electrified Parking Space 30% 10%
Engine Replacement— Diesel 40% 60%
or Alternative Fuel
Engine Replacement— Low 50% 50%
NOx
Engine Replacement All- 60% 40%
Electric
Vehicle/Equipment 25% 15%
Replacement— Diesel or
Alternative Fuel
35% 65%
Vehicle/Equipment
Replacement
— Low NOx
45% 55%
Vehicle/Equipment
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, 2021. 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
of sub award monies is to be made once evidence of retrofit completion or new vehicle invoice and documentation of
Payment
destruction of replaced vehicle is submitted to MCAQD. Use of subaward monies is subject to compliance with these
proper
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
YESD for cancellable obligations properly incurred prior to termination notice.
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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 while retaining possession of the vehicle/equipment is an acceptable scrapping method. Disabling the chassis may be
engine
cutting through the frame/frame rails on each side at a point located between the front and rear axles. Other acceptable
completed by
methods be considered and will require written approval from MCAQD Grant Programs Administrator.
scrappage may
Vehicle/Equipment components that are not part of the engine or chassis may be salvaged from the unit being replaced, If scrapped
remanufactured vehicles/equipment or salvaged vehicle/equipment chassis or components are to be sold, this program income
or
will need to be addressed in the submitted budget.
SCOPE OF WORK
The YESD, under the authorization of Maricopa County in accordance with 42 U.S.C. 16133, shal! administer the Diesel
Emissions Reduction Act (DERA) State Clean Diesel Grant Program.
The County shall provide the following services:
1.1 Maricopa County will review and pay program invoices submitted by YESD.
will verify emissions reductions from the vehicles retrofitted or replaced. Maricopa County will collect
1.2 Maricopa County
data from the YESD and submit quarterly reports as required by the EPA. On December 30, 2021, 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.
eao78f
Any recommendations for improving the effectiveness of the DERA.
The administrative costs of the DERA.
TS YESD, shall provide the following services:
2.1 Follow all requirements as detailed in the FY2019-2020 State Clean Diesel Grant Program Information
program
Guide as published by the EPA ~ Office of Transportation and Air Quality, February 2020.
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
while adhering to Federal program requirements.
2.5 Follow all requirements as detailed in the FY2017-2018 State Clean Diesel Grant Program Information
program
Guide as published by the EPA - Office of Transportation and Air Quality, February 2020.
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:
Suspension and Debarment (per 2 CFR. §200.213)
Cash Management (per 2 CFR §200.302 (b)(6))
Baers Allowability of Costs (per 2 CFR §200.302(b)(7) and Subsection E-Cost Principles)
Conflict of Interest (per CFR §200.318(c)(1-2)
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.
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Invoice Maricopa County for program costs associated with implementing the DERA.
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.
APPROVED WORK PLAN
Vehicles Cost Per IDERA Cost Share
(Vehicle
Yuma Elementary | 2004 International) $168,000 $42,000 $126,000
School District School Bus
@ 416% Indirect costs $6,989 $6,989
Subtotal 1 Vehicle $174,989 $48,989 $126,000
APPROVED VEHICLES
Vehicle Identification Number(s): 42RBWAARS5A982867
International
Vehicle Make:
466Hm2U2024872
Engine Serial Number(s):
international
Engine Make:
Engine Model Year: 2004
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IN WITNESS WHEREOF, the parties have executed this “Agreement” as of the date set forth above;
MARICOPA COUNTY:
Clint Hickman, Chair Date
Maricopa County Board of Supervisors
Attest by:
Fran McCarroll, Clerk of the Board Date
Maricopa County
YUMA ELEMENTARY SCHOOL DISTRICT #1:
ames Sholdek ( Ga ptebttrady ft
P
First name Last name (printed), Title
Yer SE (12/202
Aignature Date
Yuma Elementary School District #1 (YESD)
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
who have determined that said Agreement is in proper form and is within the powers and
undersigned attorneys
authority granted to the public body represented by their respective attorneys.
Talia J. Offord, Senior Deputy County Attorney Date
Maricopa County
Carrie L. O’Brien, Attorney Date
Yuma Elementary School District #1
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