EPA_STATECLEANDIESELGRANT_DS-99T63001-1MARICOPA.PDF

Maricopa County — Formal (2017-12-13)

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DS - 99T63001 - 0 Page 1
GRANT NUMBER (FAIN): 99T63001
U.S. ENVIRONMENTAL MODIFICATION NUMBER: 0 DATE OF AWARD
PROGRAM CODE: DS 09/25/2017
PROTECTION AGENCY TYPE OF ACTION MAILING DATE
New 10/02/2017
Cooperative Agreement 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 Lauren Maghran Elizabeth Armour
1001 North Central Avenue 75 Hawthorne Street, AIR-8 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: Maghran.Lauren@epa.gov Phone: 415-947-4264
Phone: 602-506-6701 Phone: 415-947-4107
PROJECT TITLE AND DESCRIPTION
STATE CLEAN DIESEL GRANT PROGRAM
Maricopa County's Air Quality Department will use the FY 2017 DERA funds to effectively and permanently reduce NOx and PM2.5. MCAQD will provide
pass-through funding to public sector fleets to replace heavy duty deisel engine school buses and medium heavy duty diesel vehicles. The successful projects
will replace older diesel-powered equipment with vehicles meeting model year (MY) 2017 or newer engine certified to EPA emission standards. The primary
focus of the FY 2017 funding will be working with municipal service fleets and school districts to achieve the early retirement of qualifying diesel-powered
equipment.
This assistance agreement provides full federal funding in the amount of $372,072. See Terms and Agreements. The recipient is requesting $248,048 in base
EPA funding + $124,024 in EPA matching bonus and is providing a voluntary match of $248,048 for a total of $620,120. Because the recipient is electing to
replace heavy duty diesel vehicles, the recipient is also providing a mandatory cost-share of $1,554,655. The total project cost is $2,174,775.
BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST
10/01/2017 - 09/30/2018 10/01/2017 - 09/30/2018 $2,174,775.00 $2,174,775.00
NOTICE OF AWARD
Based on your Application dated 06/15/2017 including all modifications and amendments, the United States acting by and through the US Environmental
Protection Agency (EPA) hereby awards $372,072. EPA agrees to cost-share 17.11% of all approved budget period costs incurred, up to and not exceeding
total federal funding of $372,072. 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 Craig A. Wills - Grants Management Officer DATE
09/25/2017

EPA Funding Information DS - 99T63001 - 0 Page 2
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ $ 372,072 $ 372,072
EPA In-Kind Amount $ $ $ 0
Unexpended Prior Year Balance $ $ $ 0
Other Federal Funds $ $ $ 0
Recipient Contribution $ $ 1,802,703 $ 1,802,703
State Contribution $ $ $ 0
Local Contribution $ $ $ 0
Other Contribution $ $ $ 0
Allowable Project Cost $ 0 $ 2,174,775 $ 2,174,775
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
MCAQD 1709M7S089 17 E4 09M1 102AH4 4123 - - 372,072
372,072


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DS - 99T63001 - 0 Page 3
Budget Summary Page
Table A - Object Class Category Total Approved Allowable
(Non-construction) Budget Period Cost
1. Personnel $41,998
2. Fringe Benefits $16,883
3. Travel $5,646
4. Equipment $0
5. Supplies $2,806
6. Contractual $8,300
7. Construction $0
8. Other $2,075,620
9. Total Direct Charges $2,151,253
10. Indirect Costs: % Base See Term and Condition $23,522
11. Total (Share: Recipient 82.89 % Federal 17.11 %.) $2,174,775
12. Total Approved Assistance Amount $372,072
13. Program Income $0
14. Total EPA Amount Awarded This Action $372,072
15. Total EPA Amount Awarded To Date $372,072

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DS - 99T63001 - 0 Page 4
Administrative 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-april-27-2017-or-later
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
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 12% 5%
Equipment 4% 4%
Services 3% 2%
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-disadvantaged-b
usiness.
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.
The interstate agency recipient must send its proposal to its cognizant federal agency within six (6)
months after the end of its fiscal year. If EPA is the cognizant federal agency of the interstate agency,
local government, or special district, the recipient must send its indirect cost rate proposal within six (6)
months after the end of its fiscal year to:
Regular Mail
Office of Grants and Debarment
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW, MC 3903R
Washington, DC 20460
Attn: OGD Indirect Cost Rate Proposal Control Desk
Mail Courier (e.g. FedEx, UPS, etc.)
Office of Grants and Debarment
U.S. Environmental Protection Agency
1300 Pennsylvania Avenue, NW, 5th floor
Washington, DC 20004
Attn: OGD Indirect Cost Rate Proposal Control Desk
Electronic submissions of proposals may be sent via email to OGD_IndirectCost@epa.gov.
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.
Programmatic Conditions
A. FY2017 State Clean Diesel Programmatic Terms and Conditions. The recipient
agrees to comply with the FY2017 State Clean Diesel (Diesel Emission Reductions
Act) Programmatic Terms and Conditions available at:
https://www.epa.gov/grants/fy2017-state-clean-diesel-diesel-emissions-reduction-act-pr
ogram-programmatic-terms-and These terms and conditions are in addition to any
award specific programmatic terms and conditions outlined directly on the award
document.
O. Leveraging
The recipient agrees to provide the proposed leveraged funding, including any

voluntary cost-share contribution that is described in its final approved workplan. If
the proposed leveraging does not materialize during the period of award
performance, and the recipient does not provide a satisfactory explanation, the
Agency may consider this factor in evaluating future proposals from the recipient. In
addition, if the proposed leveraging does not materialize during the period of award
performance then EPA may reconsider the legitimacy of the award. If EPA
determines that the recipient knowingly or recklessly provided inaccurate information
regarding the leveraged funding the recipient described in its final approved
workplan, EPA may take action as authorized by 2 CFR Part 200 and/or 2 CFR Part
180 as applicable.
P. Voluntary Match Incentive
If a state provides a voluntary match equal to the base allocation offered by EPA,
EPA will provide a matching incentive equal to 50 percent of the base allocation.
The voluntary match may be satisfied by allowable costs incurred by the state (i.e.
in-kind contributions), or by cash donations of state funds or private funds. State
voluntary matching funds included in the approved project budget are subject to the
same terms and conditions and funding limits as the awarded DERA funds. A
recipient is legally obligated to expend any voluntary match included in the approved
project budget within the project period of that award.
Any voluntary matching funds provided by the state to qualify for the matching
incentive, count towards the “EPA funds and state voluntary matching funds”
described in Term and Condition N, above. Mandatory cost share funds provided by
the state and/or eligible third parties cannot count towards the state’s voluntary
matching funds to qualify for the matching incentive. However, if a state requires a
third-party cost-share contribution above and beyond the mandatory cost-share
amount for the elected technology, then the “excess” cost-share may be applied
towards the state voluntary match funds for the purpose of qualifying for the
matching incentive.
This award and the resulting federal funding of $372,072 is based on estimated
costs requested in the recipient’s final approved workplan. Included in these costs is
a voluntary cost-share contribution of $248,048 by the recipient in the form of a
voluntary cost-share that the recipient included in its final approved workplan. The
recipient must provide this voluntary cost-share contribution during performance of
this award unless the EPA agrees otherwise in a modification to this agreement.
While actual total costs may differ from the estimates in the recipient’s application,
EPA's participation shall not exceed the total amount of federal funds awarded.
If the recipient fails to provide the voluntary cost-share contribution during the period
of award performance, and does not provide a satisfactory explanation, the Agency
may consider this factor in evaluating future proposals from the recipient. In
addition, if the voluntary cost-share contribution does not materialize during the
period of award performance then EPA may reconsider the legitimacy of the award;
if EPA determines that the recipient knowingly or recklessly provided inaccurate
information regarding the voluntary cost-share or overmatch the recipient described

in its final approved workplan, EPA may take action as authorized by 2 CFR Part
200 and/or 2 CFR Part 180 as applicable.
END OF DOCUMENT