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INTERGOVERNMENTAL SERVICE AGREEMENT Page 1 of 7 MARICOPA COUNTY AIR QUALITY DEPARTMENT CFDA: 66.040 State Clean Diesel Grant & Program (B) Deer Valley Unified School District #97 Federal Award ID (FAIN): 99T63001 EPA Award Date: October 01, 2018 Effective Date: Upon Final Signature Agreement Title: State Clean Diesel Grant Program Sub Award Termination Date: September 30, 2019 COUNTY SUBRECIPIENT Maricopa County Deer Valley Unified School District #97 1001 N Central Ave. #125 20402 N 15th Ave. Phoenix, AZ 85004 Phoenix, AZ 85027-3636 Name: Philip A. McNeely Name: Jim Migliorino Title: AQD Director Title: Deputy Superintendent Phone: 602.506.6701 Phone 623.445.4958 SAM Name: Deer Valley School District #97 System of Award Management (SAM) No.: 002902112 Congressional District: (6?) THIS CONTRACT is between MARICOPA COUNTY [hereinafter referred to as the “Maricopa County” or ‘the County”] and Deer Valley Unified School District (DVUSD). The purpose of this Agreement is to administer the funding provided by the Environmental Protection Agency (EPA) through Maricopa County to the subrecipient DVUSD 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. DVUSD will assume the following responsibilities: DVUSD will procure the replacement of the vehicle/s in line with guidelines set forth by the FY2017-2018 State Clean Diesel Grant Program Information Guide. DVUSD will provide a work plan via separate attachment to the County for review and approval prior to initiating work. DVUSD 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. DVUSD will provide monthly reports to Maricopa County on the purchasing of the new vehicles and any issues that arise. DVUSD will provide quarterly reports with complete updated technical data worksheet. DVUSD will register as an entity on Sam.gov in order to receive federal grant funds. DVUSD will register as a vendor to Maricopa County in order to be reimbursed for purchases. DVUSD will provide detailed invoices to Maricopa County in order to be reimbursed for purchases. DVUSD will complete all work defined in the project work plan by September 30, 2019. DVUSD 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. Page 1 of 7 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 Deer Valley Unified School District #97 (DVUSD) _____________________________________________________ Authorized Signature _____________________________________________________ Printed Name _____________________________________________________ Title _____________________________________________________ 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 DVUSD and the County. 2.3 “County” means MARICOPA COUNTY which is acting on behalf of the State of Arizona. 2.4 "Parties" means Deer Valley Unified School District #97 (DVUSD) and MARICOPA COUNTY. 3. Access to Information: Subject to statutory confidentiality requirements of the County and DVUSD, 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. Page 2 of 7 4. Amendment: This Agreement may be modified only by written Amendment signed by the Director or designee, of DVUSD 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 $149,636.00 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: DVUSD 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 DVUSD 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, 2019. 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 correspondence from the County shall be sent to: Jim Migliorino, Deputy Superintendent Deer Valley Unified School District #97 20402 N 15th Ave. Phoenix, AZ 85027-3636 602.445.4958 Jim.Migliorino@DVUSD.org 12.2 All correspondence relating to the execution of the Agreement, clarification of this Agreement, and Agreement Amendments shall be sent to: For Deer Valley Unified School District #97 For Maricopa County: Jim Migliorino, Deputy Superintendent Larz Garcia, Grant Programs Administrator Deer Valley Unified School District #97 Maricopa County Air Quality 20402 N 15th Ave. 1001 N. Central Avenue #125 Phoenix, AZ 85007 Phoenix, AZ 85004 602.445.4958 602.506.0147 Jim.Migliorino@DVUSD.org larzgarcia@mail.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. Page 3 of 7 14. Ownership of Information: Title to all documents, reports and data prepared in the course of this Agreement by DVUSD 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, DVUSD 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 DVUSD 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, DVUSD 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 eleven point seven percent (11.7%). DVUSD will limit administrative costs to the program by using existent funds and staff. Costs to the DERA fund will be limited to DVUSD administrative costs if approved in the application, and equipment reimbursable costs. DERA will allow for vehicles with engine years from 1995-2006 and 2007-2010 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 DVUSD 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% Page 4 of 7 Marine Shore Power 25% 75% 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, 2019. 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 DVUSD 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. Page 5 of 7 SCOPE OF WORK The DVUSD, 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 DVUSD. 1.2 Maricopa County will verify emissions reductions from the vehicles retrofitted or replaced. Maricopa County will collect data from the DVUSD and submit quarterly reports as required by the EPA. On October 20, 2019 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. DVUSD, shall provide the following services: 2.1 Follow all program requirements as detailed in the FY2017-2018 State Clean Diesel Grant Program Information Guide as published by the EPA - Office of Transportation and Air Quality, April 19, 2018. 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 program requirements as detailed in the FY2017-2018 State Clean Diesel Grant Program Information Guide as published by the EPA - Office of Transportation and Air Quality, April 19, 2018. 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. Page 6 of 7 APPROVED WORK PLAN Sub Vehicles Cost Per DERA Cost Share award #3 Vehicle Deer 2001 Blue Bird $149,637 $37,409 $112,228 Valley Cummins ISB UHSD 2001 Blue Bird $149,637 $37,409 $112,228 Cummins ISB 2001 Blue Bird $149,637 $37,409 $112,228 Cummins ISB 2001 Blue Bird $149,637 $37,409 $112,228 Cummins ISB Subtotal 4 Vehicles $598,548 $149,636 $448,912 Page 7 of 7