AGREEMENT-99T85301-0.PDF

DS - 99T85301 - 0 Page 1
GRANT NUMBER (FAIN): 99T85301
U.S. ENVIRONMENTAL MODIFICATION NUMBER: 0 DATE OF AWARD
PROGRAM CODE: DS 10/30/2019
PROTECTION AGENCY TYPE OF ACTION MAILING DATE
New 11/06/2019
Cooperative Agreement PAYMENT METHOD: ACH#
Advance 90179
RECIPIENT TYPE: Send Payment Request to:
County Las Vegas Finance Center email:
lvfc-grants@epa.gov
RECIPIENT: PAYEE:
Maricopa County Air Quality Department Maricopa County Air Quality Department
3800 N. Central Avenue, Suite 1400 3800 N. Central Avenue, Suite 1400
Phoenix, AZ 85012 Phoenix, AZ 85012
EIN: 86-6000472
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST
Larz Garcia Cara Gillen Renee Chan
3800 N. Central Avenue, Suite 1400 75 Hawthorne Street, AIR-4-1 Grants Branch, MSD-6
Phoenix, AZ 85012 San Francisco, CA 94105 E-Mail: Chan.Renee@epa.gov
E-Mail: Larz.Garcia@maricopa.gov E-Mail: Gillen.Cara@epa.gov Phone: 415-972-3675
Phone: 602-506-0147 Phone: 415-972-3382
PROJECT TITLE AND DESCRIPTION
STATE CLEAN DIESEL GRANT PROGRAM
This agreement will support the Maricopa Air Quality Deparment in its efforts to reduce diesel emissions and exposure throughout the State of Arizona. The
project is to replace 22 vehicles with cleaner burning engines, thereby reducing emissions of diesel particulate matter and other pollutants such as carbon
monoxide and hydrocarbons.
This assistance agreement provides full federal funding in the amount of $486,183.
Pre-award costs are approved back to 10/01/2019.
BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST
10/01/2019 - 09/30/2021 10/01/2019 - 09/30/2021 $3,281,420.00 $3,281,420.00
NOTICE OF AWARD
Based on your Application dated 06/06/2019 including all modifications and amendments, the United States acting by and through the US Environmental
Protection Agency (EPA) hereby awards $486,183. EPA agrees to cost-share 14.82% of all approved budget period costs incurred, up to and not exceeding
total federal funding of $486,183. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award
by either: 1) drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing a notice of disagreement with the award terms
and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award,
the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or
amendment mailing date. In case of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds provided by this
award/amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions,
all terms and conditions of this agreement and any attachments.
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS
U.S. EPA, Region 9 U.S. EPA, Region 9
Grants Branch, MSD-6 Air and Radiation Division, AIR-1
75 Hawthorne Street 75 Hawthorne Street
San Francisco, CA 94105 San Francisco, CA 94105
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY
Digital signature applied by EPA Award Official Carolyn Truong - Grants Management Officer DATE
10/30/2019

EPA Funding Information DS - 99T85301 - 0 Page 2
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ $ 486,183 $ 486,183
EPA In-Kind Amount $ $ $ 0
Unexpended Prior Year Balance $ $ $ 0
Other Federal Funds $ $ $ 0
Recipient Contribution $ $ 324,122 $ 324,122
State Contribution $ $ $ 0
Local Contribution $ $ 2,327,031 $ 2,327,031
Other Contribution $ $ 144,084 $ 144,084
Allowable Project Cost $ 0 $ 3,281,420 $ 3,281,420
Assistance Program (CFDA) Statutory Authority Regulatory Authority
66.040 - State Clean Diesel Grant Program (B) Diesel Emissions Reduction Act of 2010 2 CFR 200
codified at 42 U.S.C. 16131 et seq 2 CFR 1500 and 40 CFR 33
Consolidated Appropriations Act of 2019 (PL
116-6)
Fiscal
Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation /
Code Organization Class Organization Deobligation
- 2009M9S002 19 E4 09M1 000AH4 4123 - - 486,183
486,183

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DS - 99T85301 - 0 Page 3
Budget Summary Page
Table A - Object Class Category Total Approved Allowable
(Non-construction) Budget Period Cost
1. Personnel $29,362
2. Fringe Benefits $11,804
3. Travel $5,700
4. Equipment $0
5. Supplies $501
6. Contractual $0
7. Construction $0
8. Other $3,221,596
9. Total Direct Charges $3,268,963
10. Indirect Costs: % Base Indirect Cost Rate Proposal $12,457
11. Total (Share: Recipient 85.18 % Federal 14.82 %.) $3,281,420
12. Total Approved Assistance Amount $486,183
13. Program Income $0
14. Total EPA Amount Awarded This Action $486,183
15. Total EPA Amount Awarded To Date $486,183

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Administrative Conditions
General Terms and Conditions
The recipient agrees to comply with the current EPA general terms and conditions available
at:
https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-october-1-2019-o
r-later
These terms and conditions are in addition to the assurances and certifications made as a
part of the award and the terms, conditions, or restrictions cited throughout the award.
The EPA repository for the general terms and conditions by year can be found at :
https://www.epa.gov/grants/grant-terms-and-conditions.
A. Federal Financial Reporting (FFR)
For awards with cumulative project and budget periods greater than 12 months, the recipient
will submit an annual FFR (SF 425) covering the period from "project/budget period start date"
to September 30 of each calendar year to the U.S. EPA Las Vegas Finance Center (LVFC). The
FFR will be submitted electronically to lvfc-grants@epa.gov no later than December 31 of the
same calendar year. The form with instructions can be found on LVFC ’s website at
https://www.epa.gov/financial/grants.
B. Procurement
The recipient will ensure all procurement transactions will be conducted in a manner providing
full and open competition consistent with 2 CFR Part 200.319. In accordance 2 CFR Part
200.323 the grantee and subgrantee(s) must perform a cost or price analysis in connection
with applicable procurement actions, including contract modifications.
State recipients must follow procurement procedures as outlined in 2 CFR Part 200.317.
C. Six Good Faith Efforts 40 CFR Part 33, Subpart C /Contract Provisions /Bidders List
Pursuant to 40 CFR § 33.301, the recipient agrees to make the following good faith efforts
whenever procuring construction, equipment, services and supplies under an EPA financial
assistance agreement, and to require that sub-recipients, loan recipients, and prime
contractors also comply. Records documenting compliance with the six good faith efforts shall
be retained:
(a) Ensure DBEs are made aware of contracting opportunities to the fullest extent
practicable through outreach and recruitment activities . For Indian Tribal, State and Local
and Government recipients, this will include placing DBEs on solicitation lists and soliciting
them whenever they are potential sources.
(b) Make information on forthcoming opportunities available to DBEs and arrange time
frames for contracts and establish delivery schedules, where the requirements permit, in a
way that encourages and facilitates participation by DBEs in the competitive process . This
includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30
calendar days before the bid or proposal closing date.

(c) Consider in the contracting process whether firms competing for large contracts could
subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will
include dividing total requirements when economically feasible into smaller tasks or
quantities to permit maximum participation by DBEs in the competitive process .
(d) Encourage contracting with a consortium of DBEs when a contract is too large for one
of these firms to handle individually.
(e) Use the services and assistance of the SBA and the Minority Business Development
Agency of the Department of Commerce.
(f) If the prime contractor awards subcontracts, require the prime contractor to take the
steps in paragraphs (a) through (e) of this section.
CONTRACT ADMINISTRATION PROVISIONS, 40 CFR § 33.302
The recipient agrees to comply with the contract administration provisions of 40 CFR § 33.302
(a)-(d) and (i).
BIDDERS LIST, 40 CFR § 33.501(b) and (c)
Recipients of a Continuing Environmental Program Grant or other annual reporting grant ,
agree to create and maintain a bidders list. Recipients of an EPA financial assistance agreement
to capitalize a revolving loan fund also agree to require entities receiving identified loans to
create and maintain a bidders list if the recipient of the loan is subject to , or chooses to follow,
competitive bidding requirements. Please see 40 CFR § 33.501 (b) and (c) for specific
requirements and exemptions.
D. Disadvantaged Business Enterprise (DBEs) - UTILIZATION OF SMALL, MINORITY AND
WOMEN'S BUSINESS ENTERPRISES
GENERAL COMPLIANCE, 40 CFR, Part 33
The recipient agrees to comply with the requirements of EPA 's Disadvantaged Business
Enterprise (DBE) Program for procurement activities under assistance agreements, contained in
40 CFR, Part 33 except as described below based upon the associated class deviation .
EPA MBE/WBE CERTIFICATION, 40 CFR, Part 33, Subpart B
A class exception to the following provisions of Subpart B of 40 CFR Part 33 has been issued
suspending the EPA MBE/WBE certification program: §33.204(a)(3) providing that an entity
may apply to EPA MBE or WBE certification after unsuccessfully attempting to obtain
certification as otherwise described in §33.204; and §33.205 through and including §33.211.
The class exception was authorized pursuant to the authority in 2 CFR §1500.3(b).
FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D
A class exception to the entire Subpart D of 40 CFR Part 33 has been authorized pursuant to
the authority in 2 CFR §1500.3(b). Notwithstanding Subpart D of 40 CFR Part 33, recipients are
not required to negotiate or apply fair share objectives in procurements under assistance
agreements.
E. MBE/WBE Reporting – Reporting Condition
General Compliance, 40 CFR Part 33, Subpart E
MBE/WBE reporting is required annually for assistance agreements where there are funds

budgeted for procuring construction , equipment, services and supplies, including funds
budgeted for direct procurement by the recipient or procurement under sub -awards or loans
in the “Other” category that exceed the Simplified Acquisition Threshold as defined by the
Federal Acquisition Regulation (currently set at $250,000), including amendments and/or
modifications.
Based on EPA’s review of the planned budget, this award has the potential to meet the
conditions above and may be subject to the Disadvantaged Business Enterprise (DBE) Program
reporting requirements. While the recipient’s direct procurement budget is less than the
Simplified Acquisition Threshold, procurement within the planned sub-awards included in the
“other” category may cause the threshold to be exceeded. Since it is unclear at the time of this
award whether funds budgeted in the “other” category triggers reporting, the recipient must
make reporting a requirement of all sub-awards/loans and use these reports to determine
whether recipient reporting is necessary. If cumulative funds budgeted or expended during
the period of the agreement exceed the Simplified Acquisition Threshold amount , the recipient
is required to submit a “MBE/WBE Utilization Under Federal Grants, Cooperative Agreements
and Interagency Agreements” report (EPA Form 5700-52A) on an annual basis. All procurement
actions are reportable, not just that portion that exceeds the Simplified Acquisition Threshold
amount.
If the recipient believes this award does not meet these conditions , it must provide
GrantsRegion9@epa.gov and the assigned grants specialist with a justification and budget
detail within 21 days of the award date clearly demonstrating that, based on the planned
budget, this award is not subject to the DBE reporting requirements .
When completing the annual report, recipients are instructed to check the box titled “annual”
in section 1B of the form. For the final report, recipients are instructed to check the box
indicated for the “last report” of the project in section 1B of the form. Annual reports are due
by October 30th of each year. Final reports are due by October 30th or 90 days after the end of
the project period, whichever comes first.
The reporting requirement is based on total procurements . Recipients with expended and/or
budgeted funds for procurement are required to report annually whether the planned
procurements take place during the reporting period or not . If no budgeted procurements take
place during the reporting period, the recipient should check the box in section 5B when
completing the form.
MBE/WBE reports should be sent to GrantsRegion9@epa.gov and the assigned grants
specialist. The current EPA Form 5700-52A is located at
https://www.epa.gov/grants/epa-form-5700-52a-united-states-environmental-protection-age
ncy-minority-business.
This provision represents an approved deviation from the MBE /WBE reporting requirements as
described in 40 CFR, Part 33, Section 33.502.
F. Non-Federal Third-Party Contributions
This award includes $2,471,115 of estimated non-federal third party contributions. Third party
contributions counting towards satisfying a cost sharing or matching requirement must be
verifiable from the records of grantees and subgrantees. As applicable, these records must

reflect how the value is placed on third party contributions . The value of third party
contributions must be applicable to the period to which the cost sharing or matching
requirement apply (2 CFR Part 200.306).
Programmatic Conditions
See Attached 'Maricopa Cnty DS99T85301-0 FY-2019 Program DERA T-Cs'.
Maricopa Maricopa Cnty Cnty DS99T85301-0 DS99T85301-0 FY-2019 FY-2019 Program Program DERA DERA T-Cs.docx T-Cs.docx
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