FY19 AGUA FRIA PARTIALLY SIGNED IGA.PDF

INTERGOVERNMENTAL SERVICE AGREEMENT Page 1 of 7
MARICOPA COUNTY AIR QUALITY DEPARTMENT CFDA: 66.040 State Clean Diesel Grant
Program (B)
Agua Fria Union High School District #216 Federal Award ID (FAIN): 99T63001
EPA Award Date: September 6, 2019
Effective Date: Upon Final Signature
Agreement Title: State Clean Diesel Grant Program Sub Award Termination Date: September 30, 2020
COUNTY SUBRECIPIENT
Maricopa County Agua Fria Union High School District #216
3800 N Central Ave. 1481 N. Eliseo Felix Jr. Way
Suite 1400 Avondale, AZ 85323
Phoenix, AZ 85004 Name: Quay Bolton-Lattari
Name: Philip A. McNeely Title: Finance Supervisor
Title: AQD Director Phone 623.932.7117
Phone: 602.506.6701 SAM Name: Agua Fria Union School District #216
System of Award Management (SAM) No.: 025566675
Congressional District: 3
THIS CONTRACT is between MARICOPA COUNTY [hereinafter referred to as the "Maricopa County" or 'the County"' and Agua
Fria Union High School District #216 (AFUHSD).
The purpose of this Agreement is to administer the funding provided by the Environmental Protection Agency (EPA) through Maricopa
County to the subrecipient AFUHSD for the State Clean Diesel 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.
AFUHSD will assume the following responsibilities:
• AFUHSD will procure the replacement of the vehicle/s in line with guidelines set forth by the FY 2019 State Clean Diesel
Grant Program Information Guide.
• AFUHSD will provide a work plan via separate attachment to the County for review and approval prior to initiating work.
• AFUHSD 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.
• AFUHSD will provide monthly reports to Maricopa County on the purchasing of the new vehicles and any issues that arise.
• AFUHSD will provide quarterly reports with complete updated technical data worksheet.
• AFUHSD will register as an entity on Sam.gov in order to receive federal grant funds.
• AFUHSD will register as a vendor to Maricopa County in order to be reimbursed for purchases.
• AFUHSD will provide detailed invoices to Maricopa County in order to be reimbursed for purchases.
• AFUHSD will complete all work defined in the project work plan by September 30, 2020.
• AFUHSD 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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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above;
MARICOPA COUNTY, a political subdivision of the State of Arizona
By:
Chairman, Maricopa County Board of Supervisors
Approved as to Form:
Deputy County Attorney
ATTEST:
By:
Clerk of the Maricopa County Board of Supervisors
Agua Fria Union High School District #216 (AFUHSD)
Authorized Sigretfre
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Printed Name
Title
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Date
AGREEMENT TERMS
1. 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.
2. 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.
2.1 "U.S.C." means United States Code.
2.2 "Agreement" means this written document between AFUHSD and the County.
2.3 "County" means MARICOPA COUNTY which is acting on behalf of the State of Arizona.
2.4 "Parties" means Agua Fria Union High School District #216 (AFUHSD) and MARICOPA COUNTY.
3. Access to Information: Subject to statutory confidentiality requirements of the County and AFUHSD, 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.
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4. Amendment: This Agreement may be modified only by written Amendment signed by the Director or designee, of AFUHSD
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.
5. Amount of Agreement: A maximum amount of $84,481.00 will be funded under this Agreement.
6. Governing Law:
6.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona.
6.2 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.
7. Assignment: Neither Party may assign any rights hereunder without the express, written, prior consent of the other Party.
8. Audit of Records: AFUHSD 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 State at reasonable times. Upon request,
the AFUHSD 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
9. 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, 2020.
10. Effective Date: This Agreement shall become effective upon execution of the agreement by all parties.
11. 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
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.
12. Notices, Correspondence, Reports and Invoices:
12.1 All notices and con-espondence from the County shall be sent to:
Quay Bolton-Lattari, Finance Supervisor
Agua Fria Union High School District #216
1481 N. Eliseo Felix Jr. Way
Avondale, AZ 85323
623.932.7117
qboltonlattari@aguafria.org
12.2 All correspondence relating to the execution of the Agreement, clarification of this Agreement, and Agreement Amendments
shall be sent to:
For Agua Fria Union High School District #216: For Maricopa County:
Quay Bolton-Lattari Larz Garcia
Finance Supervisor Grant Programs Administrator
Agua Fria Union High School District #216 Maricopa County Air Quality
1481 N. Eliseo Felix Jr. Way 3800 N. Central Avenue, Ste. 1400
Avondale, AZ 85323 Phoenix, AZ 85012
623.932.7117 (602) 506-0147
qboltonlattari@aguafria.org larz.garcia@maricopa.gov
13.3 Either party to this Agreement may designate a new contact by filing a notice with the other party in accordance with these
notice requirements.
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14. Ownership of Information: Title to all documents, reports and data prepared in the course of this Agreement by AFUHSD
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.
15. 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, AFUHSD 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 any other provision or application of the Agreement, which shall remain in effect without the invalid
provision or application.
17. Termination:
17.1 AFUHSD 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.
17.2 In the event the Agreement is terminated, with or without cause, AFUHSD shall deliver all finished or unfinished program
documents, data, and reports prepared as a result of this Agreement to the County.
18. Indemnification:
18.1 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. The State of Arizona is self-insured
per A.R.S. 41-621.
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 Program in Maricopa County under authorization from the State of Arizona and the EPA. Administration costs are capped
at fifteen percent (15%) and for this award are under the cap at five point eight percent (5.8%). AFUHSD will limit administrative
costs to the program by using existent funds and staff. Costs to the DERA fund will be limited to AFUHSD administrative costs if
approved in the application, and equipment reimbursable costs.
DERA will allow for vehicles with engine years from 1996-2009 and 2007 and newer to be retrofitted or replaced with new current
technologies. DERA will pay the current percentages for the specified technology written in the approved work plan, and AFUHSD
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% 75%
Locomotive Idle Reduction 40% 60%
Marine Shore Power 25% 75%
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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% 75%
Replacement— Diesel or
Alternative Fuel
Vehicle/Equipment 35% 65%
Replacement
— Low NOx
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, 2020. 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
AFLTHSD 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 be need to be addressed in the submitted budget.
SCOPE OF WORK
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The AFUHSD, 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.
1. The County shall provide the following services:
1.1 Maricopa County will review and pay program invoices submitted by AFUHSD.
1.2 Maricopa County will verify emissions reductions from the vehicles retrofitted or replaced. Maricopa County will collect
data from the AFUHSD 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:
a. The number of vehicles retrofitted or replaced by model year.
b. The quantity and nature of vehicle emissions reduced.
C, The cost-effectiveness of the DERA in terms of dollars spent per ton of vehicle emission reductions.
d. Any recommendations for improving the effectiveness of the DERA.
e. The administrative costs of the DERA.
2. AFUHSD, shall provide the following services:
2.1 Follow all program requirements as detailed in the FY2019 State Clean Diesel Grant Program Information
Guide (EPA-420-B-19-019) as published by the EPA - Office of Transportation and Air Quality, April 2019.
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 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 §200.212)
b. Cash Management (per 2 CFR 200 §200.302 (b)(6))
C. Allowability of Costs (per 2 CFR §200.302(b)(7) and Subsection E-Cost Principles)
d. Procurement (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.
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.
APPROVED WORK PLAN
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Other: Vehicles Cost Per DER& Cost Share
Vehicle
Subaward #1
Apia Fria Union I 2005 Blue Bird $168,962 $42,241 $126,722
1-ISD Caterpillar Inc.
2005 Blue Bird $168,962 $42,240 $126,722
Caterpillar Inc.
Subtotal 2 Vehicles $337,924 $84481 $253,443
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