APGA AGRT.PDF

Contract No.:
Effective Date: Upon Final Signature
Termination Date: December 30, 2019
ARIZONA PROPANE GAS ASSOCIATION
MARICOPA COUNTY AIR QUALITY DEPARTMENT
Agreement Title: Propane Fire Pit Program Matching Funds
MARICOPA COUNTY ARIZONA PROPANE ASSOCIATION
1001 N. Central Avenue #125 4315 N 12th Street, Suite 200
Phoenix, AZ 85004 Phoenix, AZ 85014
Name: Phil McNeely Name: Barry M. Aarons
Title: Director, Maricopa County Air Quality Title: Acting Executive Director
THIS AGREEMENT is between MARICOPA COUNTY [hereinafter referred to as the "Maricopa
County" or `the County"' and the ARIZONA PROPANE GAS ASSOCIATION [hereinafter
referred to as "APGA"], [collectively, "Parties" or individually, 'Party"]. The Parties are authorized
to enter into this Agreement pursuant to A.R.S. 49-104.
The purpose of this Agreement is for the APGA to provide funds to Maricopa County for use as
matching funds under the Maricopa County Propane Fite Pit Program.
This document, including Agreement Terms, Scope of Work, Attachments, Amendments, and any
modifications approved in accordance herewith, shall constitute the entire Agreement between the
parties and supersede all other understandings, oral or written.
This Agreement contains the following documents:
1. Agreement Terms
2. Scope of Work
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Contract #
Propane Fire Pit Program Matching Funds
AGREEMENT TERMS
IN WITNESS WHEREOF, the Parties have executed this "Agreement" as of the Effective
Date set forth above:
MARICOPA COUNTY, a political subdivision of the State of Arizona
By: Date:
Chairman, Maiicopa County Board of Supervisors
Approved to Form:
By: Date: 7/3°//g
Deputy County Attorney
ATTEST:
By: Date:
Clerk of the Maricopa County Board of Supervisors
ARIZONA PROPANE GAS ASSOCIATION
Signature
Printed Name
Title
Date
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Contract #
Propane Fire Pit Program Matching Funds
AGREEMENT TERMS
1. Recitals: The purpose of this Agreement is for APGA to provide funds to Maricopa County for use
as matching funds under the Maricopa County Propane Fire Pit Program.
2. Definitions: The Parties agree to expeditiously initiate and complete the Scope of Work under this
Agreement. The Parties warrant, represent and agree that it, their employees and representatives will
comply with all terms provided herein. The following definitions shall apply to the terms used in this
Agreement, except where the context necessarily requires otherwise.
2.1 "5" means Section.
2.2 "A.A.C." means Arizona Administrative Code.
2.3 "A.R.S." means Arizona Revised Statutes.
2.4 "Agreement" means this written contract between APGA and the County.
3. Access to Information: Subject to statutory confidentiality requirements of the County and APGA,
Parties shall have limited access to data and infoimation prepared under this Agreement on a no-
charge basis. Personal data from residents participating in the voucher program will be collected and
distributed as follows. Personal resident data will be collected by Home Depot who is the sole vendor
for the program. The County will collect and store the data from the vendor. The County will provide
e-mail data collected to APGA for the sole purpose of inclusion into an e-mail list generated and
maintained by the APGA.
4. Amendment: This Agreement may be modified only by written amendment signed by the Director
or designee of APGA and the person duly authorized to act on behalf of the County. Agreement
amendments shall be executed with the same formalities as the Agreement. Executed copies of any
amendment shall be provided to Parties.
5. Amount of Agreement: APGA to provide a lump sum fund in the amount of $25,000.00 to
Maricopa County for use as matching funds under the Maricopa County Propane Fire Pit Program.
6. Governing Law: This Contract shall be governed by and construed in accordance with the laws of
the State of Arizona.
7. Implied Terms: Each provision of law and any terms required by law to be in this Agreement are a
part of this Agreement as if fully stated in it. No agreement or term shall relieve any Party of any
obligation or responsibility imposed on it by law.
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Contract #
Propane Fire Pit Program Matching Funds
AGREEMENT TERMS
8. Assignment: Parties may not assign any rights hereunder without the express, written, prior consent
of the other.
9. Audit of Records: Pursuant to A.R.S. § 35-214, Parties shall retain all data, books and other records
("Records") related to this Agreement for a period of five years after completion of the Agreement,
including 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, Patties shall produce the original of any or all such Records.
10. Cancellation of Contracts: Parties may cancel this Agreement, without penalty or further obligation,
pursuant to A.R.S. § 38-511.
11. Effective Date: This Agreement shall become effective upon execution of the Agreement by all
patties.
12. Agreement Term: The initial term of this Agreement shall commence on the Effective Date and
end on February 28, 2019.
13. Extensions: The Agreement may be extended as many times as desirable, but each extension may
not exceed the duration of the previous Agreement and is subject to applicable law.
14. Availability of Funds
14.1 Non-Availability of Funds: Subject to Arizona law, every payment obligation of APGA 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 Patties shall
not be liable for any future payments or for any damages as a result of termination under this
paragraph.
14.2 Return of Funds: Any remaining funds not used by the end of the Agreement term will be returned
to APGA.
15. Notices, Correspondence, Reports and Invoices:
15.1 All correspondence relating to the execution of the Agreement, clarification of the Agreement,
Agreement amendments shall be sent to:
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Contract #
Propane Fire Pit Program matching Funds
AGREEMENT TERMS
For APGA: For MCAQD:
Barry M. Aatons, Acting Executive Director Phil McNeely, Director
Arizona Propane Gas Association Maricopa County Air Quality Dept.
4315 N 12th St, Ste. 200 1001 N. Central Avenue #125
Phoenix, AZ 85014 Phoenix, AZ 85004
(602) 315-0155 (602) 506-6443
baaronsaz(c4gmail.com philmcneely@mailmaricopa.gov
15.2 Either Party to this Agreement may designate a new contact by filing a notice with the other Party in
accordance with these notice requirements.
16. Severability: The provisions of this Agreement are severable to the extent that any provision or
application found invalid shall not affect any other provision or application of the Agreement. The
entire Agreement will remain in effect without the invalid provision or application.
17. Termination: The Parties may terminate this Agreement at any time, with or without cause, after
thirty days' written notice to the other Party. The notice shall specify the effective date of termination.
18. Indemnification: Each Party (as "Inderrinitor") agrees to defend, indemnify, and hold harmless the
other Party (as "Indemaitee") from and against any and all claims, losses, liability, costs, or expenses
(including reasonable attorneys' 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.
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Contract #
Propane Fire Pit Program Matching Funds
SCOPE OF WORK
MARICOPA COUNTY AIR QUALITY GOALS AND PRIORITIES:
In an effort to reduce fine particulate matter (PM 2.5) produced by outdoor wood burning in fire pits,
MCAQD has created a Propane Fire Pit Program. PM 2.5 is an EPA pollutant that is known to cause
damaging health issues, including acute asthma symptoms leading to hospitalization and heart disease,
as the tiny pollutant can deposit deep into the lungs and enter the blood stream. If PM 2.5 should
exceed the EPA 24 hour or annual standard, this could lead to more stringent regulations and negative
economic impact for Maricopa County. This program encourages the use of cleaner burning propane
gas devices to aid in the reduction of PM 2.5 during the wood burning season.
The program will be marketed to all County residents and will offer through e-mail a voucher which
can be taken to select Home Depot stores within Maricopa County for a discount on a propane fire
pit. E-mail addresses will be collected for each program participant and will be provided to APGA as
part of this Agreement. There will be a $50.00 discount provided by the County and a $25.00 discount
provided by the APGA, for a total of $75 per program participant.
TIMELINE AND MILESTONES:
The program start date will be December 2017 and will be limited to the first 1,000 participants. It is
anticipated that the funding for the program will be exhausted by the end of February , 2019,
PROGRAMMATIC PRIORITIES:
The Maricopa County Air Quality Department will coordinate and operate the program in its entirety.
Personnel, Fringe and Indirect Charges
Personnel, fringe benefit and indirect costs will be paid for by the County as part of normal grant
program staff duties at no additional cost to APGA.
Travel
There will be limited travel to market the program. These costs will be part of the personnel costs
included above.
Supplies, Equipment and Contractual
None
Program Income
None
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Contract #
Propane Fire Pit Program Matching Funds
SCOPE OF WORK
Direct Charges
The direct charges are $25,000 to be paid in advance lump sum.
Administrative Costs Expense Cap
MCAQD's administrative expenses will be covered by MCAQD.
Matching Funds and Cost-Share Funds
MCAQD will be providing $50,000 in funding to the Propane Fire Pit Program to a total of 1,000
program participants. APGA will be providing $25,000 in funding to the Propane Fire Pit Program
to a total of 1,000 program participants. The total funding available to each participant will be $75.
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