AWARD_EPA103 PM2.5_PM-99T08801-B REV ADDRESS-PM.PDF
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PM - 99T08801 - B Page 1 GRANT NUMBER (FAIN): 99T08801 U.S. ENVIRONMENTAL MODIFICATION NUMBER: B DATE OF AWARD PROGRAM CODE: PM 06/05/2019 PROTECTION AGENCY TYPE OF ACTION MAILING DATE Augmentation: Increase 06/12/2019 Assistance Amendment 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 Ben Davis Lauren Maghran Renee Chan 3800 N. Central Avenue, Suite 1400 75 Hawthorne Street, AIR-1-1 Grants Branch, MSD-6 Phoenix, AZ 85012 San Francisco, CA 94105 E-Mail: Chan.Renee@epa.gov E-Mail: ben.davis@maricopa.gov E-Mail: maghran.lauren@epa.gov Phone: 415-972-3675 Phone: 602-525-3396 Phone: 415-947-4107 PROJECT TITLE AND EXPLANATION OF CHANGES PM2.5 Monitoring Network The purpose of this grant amendment is to provide current year funding to Maricopa County Air Quality Divsions to monitor fine particulate matter with a diameter equal to or smaller than 2.5 micrometers (PM 2.5) in order to determine compliance with the PM 2.5 National Ambient Air Quality Standards and determine reductions in air emissions. This assistance amendment increases the federal funding by $123,245, from $600,835, to the revised Total Approved Assistance Amount of $724,080. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 04/01/2014 - 03/31/2020 04/01/2014 - 03/31/2020 $724,080.00 $724,080.00 NOTICE OF AWARD Based on your Application dated 03/19/2019 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $123,245. EPA agrees to cost-share 100.00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $724,080. 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 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 06/05/2019 EPA Funding Information PM - 99T08801 - B Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ 600,835 $ 123,245 $ 724,080 EPA In-Kind Amount $ 0 $ $ 0 Unexpended Prior Year Balance $ 0 $ $ 0 Other Federal Funds $ 0 $ $ 0 Recipient Contribution $ 0 $ $ 0 State Contribution $ 0 $ $ 0 Local Contribution $ 0 $ $ 0 Other Contribution $ 0 $ $ 0 Allowable Project Cost $ 600,835 $ 123,245 $ 724,080 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.034 - Clean Air Act: Sec. 103 2 CFR 200 Surveys-Studies-Investigations-Demonstrations 2 CFR 1500 and 40 CFR 33 and Special Purpose Activities relating to the Clean Air Act Fiscal Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation / Code Organization Class Organization Deobligation - 1909M7S025 19 E1 09M1 000A04XPM 4112 - - 123,245 123,245 (PageBreak) PM - 99T08801 - B Page 3 Budget Summary Page Table A - Object Class Category Total Approved Allowable (Non-construction) Budget Period Cost 1. Personnel $133,830 2. Fringe Benefits $46,944 3. Travel $12,000 4. Equipment $420,000 5. Supplies $50,093 6. Contractual $0 7. Construction $0 8. Other $2,100 9. Total Direct Charges $664,967 10. Indirect Costs: % Base See Below $59,113 11. Total (Share: Recipient 0.00 % Federal 100.00 %.) $724,080 12. Total Approved Assistance Amount $724,080 13. Program Income $0 14. Total EPA Amount Awarded This Action $123,245 15. Total EPA Amount Awarded To Date $724,080 Table B - Program Element Classification Total Approved Allowable (Non-construction) Budget Period Cost 1. Table A, Line 10, Indirect is based on $ 2. an Indirect Cost Plan updated annually. $ 3. $ 4. $ 5. $ 6. $ 7. $ 8. $ 9. $ 10. $ 11. Total (Share: Recip % Fed %) $ 12. Total Approved Assistance Amount $ (PageBreak) PM - 99T08801 - B Page 4 Administrative Conditions General, Administrative, and Programmatic Terms and Conditions of the previous assistance amendments remain in full force and effect. See paragraph below for the most current EPA General Terms and Conditions. Programmatic Terms and Conditions have been revised. All applicable terms and conditions are reflected in this assistance amendment, PM-99T08801-B. General Terms and Conditions The General Terms and Conditions of this agreement are updated in accordance with the link below. However, these updated conditions apply solely to the funds added with this amendment and any previously awarded funds not yet disbursed by the recipient as of the award date of this amendment. The General Terms and Conditions cited in the original award or prior funded amendments remain in effect for funds disbursed by the recipient prior to the award date of this amendment. 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-1-2018 These terms and conditions are binding for disbursements and are in addition to or modify 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#general A. Annual Federal Financial Report (FFR) - SF 425 For awards with cumulative project and budget periods greater than 12 months, an interim FFR (SF 425) covering the period from "project/budget period start date" to September 30 of each calendar year shall be submitted to the U.S. EPA Las Vegas Finance Center, 4220 South Maryland Parkway, Bldg. C, Room 503, Las Vegas, NV 89193-8515, no later than December 31 of the same calendar year. 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 Pursuant to 40 CFR, Section 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. D. Utilization of Disadvantaged Business Enterprises FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D A recipient must negotiate with the appropriate EPA award official, or his/her designee, fair share objectives for MBE and WBE participation in procurement under the financial assistance agreements. In accordance with 40 CFR, Section 33.411 some recipients may be exempt from the fair share objectives requirements as described in 40 CFR, Part 33, Subpart D. Recipients should work with their DBE coordinator, if they think their organization may qualify for an exemption. The dollar amount of this assistance agreement, or the total dollar amount of all of the recipient’s financial assistance agreements in the current federal fiscal year from EPA is $250,000, or more. The recipient accepts the applicable MBE/WBE fair share objectives/goals negotiated with EPA by the Arizona Department of Environmental Quality as follows: MBE WBE Construction 01% 01% Equipment 10% 10% Services 01% 01% Supplies 01% 01% By signing this financial assistance agreement, the recipient is accepting the fair share objectives/goals stated above and attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as Arizona Department of Environmental Quality. Negotiating Fair Share Objectives/Goals, 40 CFR, Section 33.404 The recipient has the option to negotiate its own MBE/WBE fair share objectives/goals. If the recipient wishes to negotiate its own MBE/WBE fair share objectives/goals, the recipient agrees to submit proposed MBE/WBE objectives/goals based on an availability analysis, or disparity study, of qualified MBEs and WBEs in their relevant geographic buying market for construction, services, supplies and equipment. The submission of proposed fair share goals with the supporting analysis or disparity study means that the recipient is not accepting the fair share objectives/goals of another recipient. The recipient agrees to submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity study, to the Regional MBE/WBE Coordinator, Elizabeth Armour, at Armour.Elizabeth@epa.gov, within 120 days of its acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of receiving the submission. If proposed fair share objective/goals are not received within the 120 day time frame, the recipient may not expend its EPA funds for procurements until the proposed fair share objective/goals are submitted. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302 The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. BIDDERS LIST, 40 CFR, Section 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, Section 33.501 (b) and (c) for specific requirements and exemptions. E. MBE/WBE Reporting - Reporting Condition General Compliance, 40 CFR Part 33, Subpart E – Reporting Condition MBE/WBE reporting is required in annual reports 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, 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-agency- minority-business. This provision represents an approved deviation from the MBE/WBE reporting requirements as described in 2 CFR, Part 33, Section 33.502; however, the other requirements outlined in 40 CFR Part 33 remain in effect, including the Good Faith Effort requirements as described in 2 CFR Part 33 Subpart C, and Fair Share Objectives negotiation as described in 40 CFR Part 33 Subpart D. F. Indirect Costs - refer to the General Terms and Conditions #15 Programmatic Conditions a. Quality Assurance: This grant includes the performance of environmental measurements; therefore a Quality Management Plan (QMP) and Quality Assurance Project Plans (QAPPs) are required. QA plans are current for five years, after which time they should be reviewed, revised and submitted to EPA for approval. The Maricopa County Air Quality Division's Quality Management Plan (QMP) that was approved on February 19, 2014. It should be reviewed, revised, and submitted to EPA during this grant period. The QAPP for Criteria Pollutants was submitted and reviewed by EPA, comments were sent to the grantee on 4/2/2019. The Maricopa County Air Quality Division will revise and resubmit to EPA by June 4, 2019. b. Competency of Organizations Generating Environmental Measurement Data: Following EPA Policy Director Number FEM-2012-02, recipient agrees to demonstrate competency of any laboratory carrying out any activities involving the generation of environmental data on its behalf. Laboratory competency shall be maintained for the duration of the project period of this agreement and documented during the annual reporting process. A copy of the Policy is available online at http://www.epa.gov/fem/lab_comp.htm. c. Reporting and Problems, Delays or Adverse Conditions: This grant is solely for the purpose of monitoring, quarterly reporting is required in the form of data entered into EPA's national Air Quality System (AQS) database. In accordance with 2 CFR §200.328(d)(1), the recipient agrees to inform EPA as soon as problems, delays or adverse conditions become known which materially impair the ability to meet the outputs/outcomes in the assistance agreement workplan. d. Green/Environmentally Sustainable Practices: Consistent with local, state, and federal grant procurement rules, recipient shall, when feasible, purchase environmentally preferable products/services and hold conferences/meetings using environmentally preferable measures. Environmentally preferable products/services and environmentally preferable measures include those that have a lesser or reduced effect on the environment when compared with competing products, services, or measures that serve the same purpose. This comparison may consider raw material acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service. In addition, environmentally preferable measures for conferences/meetings apply to large gatherings of ten or more persons. e. Cybersecurity: (a) The recipient agrees that when collecting and managing environmental data under this assistance agreement, it will protect the data by following all State or Tribal law cybersecurity requirements as applicable. (b)(1) EPA must ensure that any connections between the recipient’s network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. For purposes of this Section, a connection is defined as a dedicated persistent interface between an Agency IT system and an external IT system for the purpose of transferring information. Transitory, user-controlled connections such as website browsing are excluded from this definition. If the recipient’s connections as defined above do not go through the Environmental Information Exchange Network or EPA’s Central Data Exchange, the recipient agrees to contact the EPA Project Officer (PO) no later than 90 days after the date of this award and work with the designated Regional/Headquarters Information Security Officer to ensure that the connections meet EPA security requirements, including entering into Interconnection Service Agreements as appropriate. This condition does not apply to manual entry of data by the recipient into systems operated and used by EPA’s regulatory programs for the submission of reporting and/or compliance data. (b)(2) The recipient agrees that any subawards it makes under this agreement will require the subrecipient to comply with the requirements in (b)(1) if the subrecipient’s network or information system is connected to EPA networks to transfer data to the Agency using systems other than the Environmental Information Exchange Network or EPA’s Central Data Exchange. The recipient will be in compliance with this condition: by including this requirement in subaward agreements; and during subrecipient monitoring deemed necessary by the recipient under 2 CFR 200.331(d), by inquiring whether the subrecipient has contacted the EPA Project Officer. Nothing in this condition requires the recipient to contact the EPA Project Officer on behalf of a subrecipient or to be involved in the negotiation of an Interconnection Service Agreement between the subrecipient and EPA. END OF DOCUMENT