AWARD_LETTER_DS-99T63001-2.PDF

DS - 99T63001 - 2 Page 1
GRANT NUMBER (FAIN): 99T63001
U.S. ENVIRONMENTAL MODIFICATION NUMBER: 2 DATE OF AWARD
PROGRAM CODE: DS 09/21/2018
PROTECTION AGENCY TYPE OF ACTION MAILING DATE
Augmentation: Increase 09/28/2018
Assistance Amendment PAYMENT METHOD: ACH#
ASAP 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
1001 North Central Avenue 1001 North Central Avenue
Phoenix, AZ 85004 Phoenix, AZ 85004
EIN: 86-6000472
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST
Philip McNeeley Cara Gillen Elizabeth Armour
1001 North Central Avenue 75 Hawthorne Street, AIR-9 Grants Management Section, EMD-6-1
Phoenix, AZ 85004 San Francisco, CA 94105 E-Mail: armour.elizabeth@epa.gov
E-Mail: philmcneeley@mail.maricopa.gov E-Mail: Gillen.Cara@epa.gov Phone: 415-947-4264
Phone: 602-506-6701 Phone: 415-972-3382
PROJECT TITLE AND EXPLANATION OF CHANGES
STATE CLEAN DIESEL GRANT PROGRAM
This agreement will provide assistance to the Maricopa County Air Quality Department in its efforts to reduce diesel emissions and exposure throughout the
State of Arizona. The project will replace 18 diesel vehicles with newer vehicles that have cleaner burning engines, such as propane engines. This will reduce
emissions of diesel particulate matter as well as hydrobcarbons, and carbon monoxide.
This assistance amendment provides additional full federal funding in the amount of $414,882, from $372,072, to the Total Approved Assistance Amount of
$786,954. In addition, this action extends the project and budget end dates from 12/31/2018 to 09/30/2019; and reflects the recipient's revised workplan and
budget, dated 6/14/2018, and approved by EPA on 06/19/2018.
BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST
10/01/2017 - 09/30/2019 10/01/2017 - 09/30/2019 $4,557,335.00 $4,557,335.00
NOTICE OF AWARD
Based on your Application dated 06/25/2018 including all modifications and amendments, the United States acting by and through the US Environmental
Protection Agency (EPA) hereby awards $414,882. EPA agrees to cost-share 17.27% of all approved budget period costs incurred, up to and not exceeding
total federal funding of $786,954. 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 Management Section, EMD 6-1 Air 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
09/21/2018

EPA Funding Information DS - 99T63001 - 2 Page 2
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ 372,072 $ 414,882 $ 786,954
EPA In-Kind Amount $ 0 $ $ 0
Unexpended Prior Year Balance $ 0 $ $ 0
Other Federal Funds $ 0 $ $ 0
Recipient Contribution $ 1,802,703 $ 282,598 $ 2,085,301
State Contribution $ 0 $ $ 0
Local Contribution $ 0 $ 1,685,080 $ 1,685,080
Other Contribution $ 0 $ $ 0
Allowable Project Cost $ 2,174,775 $ 2,382,560 $ 4,557,335
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
Fiscal
Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation /
Code Organization Class Organization Deobligation
- 1809M7S099 18 E4 09M1 000AH4 4123 - - 414,882
414,882

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DS - 99T63001 - 2 Page 3
Budget Summary Page: Maricopa County State Clean Diesel Grant Program
Table A - Object Class Category Total Approved Allowable
(Non-construction) Budget Period Cost
1. Personnel $90,070
2. Fringe Benefits $36,208
3. Travel $12,090
4. Equipment $0
5. Supplies $3,770
6. Contractual $14,900
7. Construction $0
8. Other $4,351,297
9. Total Direct Charges $4,508,335
10. Indirect Costs: 31.30% Base Indirect Cost Rate Proposal $49,000
11. Total (Share: Recipient 82.73 % Federal 17.27 %.) $4,557,335
12. Total Approved Assistance Amount $786,954
13. Program Income $0
14. Total EPA Amount Awarded This Action $414,882
15. Total EPA Amount Awarded To Date $786,954

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Administrative Conditions
General, Administrative, and Programmatic Terms and Conditions remain in full force and
effect. Administrative condition 'G' is added. See paragraph below for the most current EPA
General Terms and Conditions. Under Programmatic Conditions is the most current
FY-2017-2018 Programmatic Terms and Conditions (attached). All applicable Terms and
Conditions are reflected in this assistance amendment DS-99T63001-2.
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-2-2017-or-l
ater
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
http://www.epa.gov/grants/grant-terms-and-conditions.
A. Annual Federal Financial Report (FFR) - SF 425
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 30 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
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 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 (ADEQ), as follows:
MBE WBE
Construction 1% 1%
Equipment 10% 10%
Services 1% 1%
Supplies 1% 1%
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, Joe
Ochab at Ochab.Joe@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
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 threshold amount of $150,000, 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
$150,000, 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 $150,000 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 $150,000.
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 can be found at the EPA Office of Small Business
Program’s Home Page at
https://www.epa.gov/resources-small-businesses/contract-administration-reporting-forms-disad
vantaged-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
The recipient agrees that it will prepare its indirect cost rate proposal and/or cost allocation plan
in accordance with the Cost Principles under 2 CFR Part 200, Subpart E. For proposal
preparation, the recipient may use the appropriate completeness checklist located at:
https://www.doi.gov/ibc/services/finance/indirect-Cost-Services/insular-areas
The local government recipient whose cognizant federal agency has been designated by the
Office of Management and Budget (OMB) must develop and submit its indirect cost rate
proposal to its cognizant agency within six (6) months after the close of the governmental unit’s
fiscal year. If the cognizant federal agency has not been identified by the OMB, the local
government recipient must still develop (and when required, submit) its proposal within that
period.
Recipients are entitled to reimbursement of indirect costs, subject to any statutory or regulatory
administrative cost limitations, if they have a current rate agreement or have submitted an
indirect cost rate proposal to their cognizant federal agency for review and approval. Recipients
are responsible for maintaining an approved indirect cost rate throughout the life of the award.
Recipients may draw down grant funds once a rate has been approved, but only for indirect
costs incurred during the period specified in the rate agreement. Recipients are not entitled to
indirect costs for any period in which the rate has expired.
Recipients with differences between provisional and final rates are not entitled to more than the
award amount. Recipients may request EPA approval to rebudget funds from direct cost
categories to the indirect cost category (to grants which have not expired or been closed out) to
cover increased indirect costs.
G. Non-Federal Third-Party Contributions
This award includes 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 'DERA FY-2017-2018 Programmatic terms and conditions'.
-- End of Agreement --