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A - 00905219 - 0 Page 1 GRANT NUMBER (FAIN): 00905219 U.S. ENVIRONMENTAL MODIFICATION NUMBER: 0 DATE OF AWARD PROGRAM CODE: A 06/13/2019 PROTECTION AGENCY TYPE OF ACTION MAILING DATE New 06/20/2019 Grant 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 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 DESCRIPTION FY-2019 Air Pollution Control Program This agreement will provide assistance to the Maricopa County Air Quality Department in its efforts to implement air pollution control programs throughout the County of Maricopa, including continuing development and implementation of stationary source regulations; continuing promulgation and update of enhanced mobile source regulations; improvement of emission inventories for modeling simulations; operating an air monitoring network; and other air planning activities. These activities are to improve and maintain the public's air quality. This grant agreement will provide continuing support for activities which include strategic planning and evaluation, developing state implementation plans, monitoring air and emissions, rule making, operating permits and all other program related activities to reduce risks to human health and the environment. This assistance agreement provides full funding in the amount of $1,079,490. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 10/01/2018 - 09/30/2019 10/01/2018 - 09/30/2019 $9,760,299.00 $9,760,299.00 NOTICE OF AWARD Based on your Application dated 07/25/2018 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $1,079,490. EPA agrees to cost-share 11.06% of all approved budget period costs incurred, up to and not exceeding total federal funding of $1,079,490. 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 06/13/2019 EPA Funding Information A - 00905219 - 0 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $ 1,079,490 $ 1,079,490 EPA In-Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $ 0 Other Federal Funds $ $ $ 0 Recipient Contribution $ $ 8,680,809 $ 8,680,809 State Contribution $ $ $ 0 Local Contribution $ $ $ 0 Other Contribution $ $ $ 0 Allowable Project Cost $ 0 $ 9,760,299 $ 9,760,299 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.001 - Air Pollution Control Program Support Clean Air Act: Sec. 105 2 CFR 200 2 CFR 1500 40 CFR 33 and 40 CFR 35 Subpart A Fiscal Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation / Code Organization Class Organization Deobligation - 1909M9S012 19 E1 09M1 000A04 4112 - - 1,079,490 1,079,490 (PageBreak) A - 00905219 - 0 Page 3 Budget Summary Page Table A - Object Class Category Total Approved Allowable (Non-construction) Budget Period Cost 1. Personnel $5,010,173 2. Fringe Benefits $2,004,069 3. Travel $2,750 4. Equipment $0 5. Supplies $114,316 6. Contractual $534,228 7. Construction $0 8. Other $62,333 9. Total Direct Charges $7,727,869 10. Indirect Costs: % Base Indirect Cost Plan $2,032,430 11. Total (Share: Recipient 88.94 % Federal 11.06 %.) $9,760,299 12. Total Approved Assistance Amount $1,079,490 13. Program Income $0 14. Total EPA Amount Awarded This Action $1,079,490 15. Total EPA Amount Awarded To Date $1,079,490 Table B - Program Element Classification Total Approved Allowable (Non-construction) Budget Period Cost 1. Total approved budget includes $ 2. $-0- in estimated non-federal $ 3. non-recurrent costs. $ 4. $ 5. Cost-share requirement: 40% and MOE $ 6. $ 7. $ 8. $ 9. $ 10. $ 11. Total (Share: Recip % Fed %) $ 12. Total Approved Assistance Amount $ (PageBreak) A - 00905219 - 0 Page 4 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-1-2018 . 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#general 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. The recipient shall identify non-federal, non-recurrent expenditures in Block 12 (Remarks) of the FFR or include the information as an attachment to the FFR on a separate page. The recipient also agrees to include a statement certifying that supplanting did not occur. 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 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. 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 objective 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, exceeds the Simplified Acquisition Threshold as defined by the Federal Acquisition Regulation. The recipient accepts the applicable MBE/WBE fair share objectives/goals negotiated with EPA by the Arizona Department of Environmental Quality (ADEQ), as follows: MBE WBE Construction 01% 01% Equipment 10% 10% Services 01% 01% Supplies 01% 01% The recipient accepts 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 ADEQ. Negotiating Fair Share Objectives/Goals, 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 – Non-Reporting Condition General Compliance, 40 CFR, Part 33, Subpart E – Non-Reporting Condition MBE/WBE reports are required annually for the life of the grant. Reporting is required 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 subawards 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 does not meet the conditions above and is not subject to Disadvantaged Business Enterprise (DBE) Program reporting requirements. However, if during the performance of the award the total of all funds expended for direct procurement by the recipient and procurement under subawards or loans in the “Other” category exceeds the Simplified Acquisition Threshold, annual reports will be required and you are required to notify your EPA grant specialist for additional instructions. The recipient also agrees to request prior approval from EPA for procurements that may activate DBE Program reporting requirements. This provision represents an approved deviation from the MBE/WBE reporting requirements as described in 40 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 40 CFR Part 33, Subpart C, and Fair Share Objectives negotiation as described in 40 CFR Part 33, Subpart D. F. Cost-Share Requirement and Maintenance of Effort The required minimum recipient cost share for this assistance agreement is 40% of total project costs, or Maintenance of Effort (MOE) level of $8,682,701 (final MOE for FY-2018), whichever is greater. The assistance agreement may reflect a percentage shown under the "Notice of Award" section which is based on estimated costs requested in the recipient's application. Programmatic Conditions a.] PERFORMANCE REPORTING AND FINAL PERFORMANCE REPORT Performance Reports – Content In accordance with 2 CFR 200.328, the recipient agrees to submit performance reports that include brief information on each of the following areas: 1) A comparison of actual accomplishments to the outputs/outcomes established in the assistance agreement work plan for the period; 2) The reasons why established outputs/outcomes were not met; and 3) Additional pertinent information, including, when appropriate, analysis and explanation of cost overruns or high-unit costs. Additionally, the recipient agrees to inform EPA as soon as problems, delays, or adverse conditions which will materially impair the ability to meet the outputs/outcomes specified in the assistance agreement work plan are known. For State Categorical Program Grants Only: Interim performance and final progress reports must prominently display the three Essential Elements for state work plans: (1) Strategic Plan Goal; (2) Strategic Plan Objective; and (3) Workplan Commitments plus time frame. (See Grants Policy Issuance 11-03 State Grant Workplans and Progress Reports for more information) Performance Reports - Frequency Semi-annual performance reports are required to be submitted electronically to the EPA Project Officer within 30 days after the reporting period (every six-month period). The recipient also agrees to submit annual performance reports electronically to the EPA Project Officer within 90 days after the annual reporting period ends on 9/30/2019. The final project report is due within 90 days of the budget/project period end date. b.] VERIFICATION OF ANNUAL RECURRING MAINTENANCE OF EFFORT (MOE). In accordance with Section 105 of the Clean Air Act, a Recipient's MOE must meet or exceed its prior year's MOE level. As required by General Term and Condition 14, the Recipient shall submit a final Federal Financial Report (FFR), Standard Form 425 (SF-425), to EPA no later than 90 calendar days after the end of the budget period. The form is available on the internet at http://www.epa.gov/ocfo/finservices/forms.htm. All FFRs must be submitted to the Las Vegas Finance Center (LVFC) via email LVFC-grants@epa.gov or mail it to: USEPA LVFC 4220 S. Maryland Pkwy Bldg. C, Suite 503 Las Vegas, NV 89119 An electronic copy should also be sent to the EPA Project Officer. Included with the annual FFR must be an analysis of the recipient’s recurrent and non-recurrent expenditures. If such analysis is unavailable for the current period, as authorized by the statutory authority, the recipient may provide such totals for the prior year. c.] QUALITY ASSURANCE This grant includes the performance of environmental measurements; therefore, Quality Assurance Planning Documents are required. Quality Assurance Project Plans for NOx, SOx, CO, ozone and PM2.5 monitoring were approved by Maricopa County Air Quality Department on July 14, 2011. EPA provided comments to Maricopa County AQD on 4/2/2019. These Quality Assurance Plans have reached their five-year lifetime and Maricopa County AQD needs to revise the QA plants accordingly. Work may continue under the existing approved QA Plans until the new ones have been approved. The Maricopa County Air Quality Department’s QMP was approved on January 6, 2014, and needs to be revised during the grant period. d.] COMPETENCY OF ORGANIZATIONS GENERATING ENVIRONMENTAL MEASUREMENT DATA In accordance with Agency Policy Directive Number FEM-2012-02, Policy to Assure the Competency of Organizations Generating Environmental Measurement Data under Agency-Funded Assistance Agreements, Recipient agrees, by entering into this agreement, that it has demonstrated competency prior to award, or alternatively, where a pre-award demonstration of competency is not practicable, Recipient agrees to demonstrate competency prior to carrying out any activities under the award involving the generation or use of environmental data. Recipient shall maintain competency for the duration of the project period of this agreement and this will be documented during the annual reporting process. A copy of the Policy is available online at https://www.epa.gov/sites/production/files/2015-03/documents/competency-policy-aaia-new.pdf or a copy may also be requested by contacting the EPA Project Officer for this award. 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 AGREEMENT --