PFPP MQAQD AND APGA (AGREEMENT).DOCX

Contract No.:
Effective Date: Upon Final Signature
Termination Date: December 30, 2018
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 Title: Acting Executive Director
Quality
______________________________________________________________________________
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 Fire Pit Program.
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Propane Fire Pit Program Matching Funds
AGREEMENT TERMS
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
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, Maricopa County Board of Supervisors
Approved as to Form:
_________________________________ Date:______________________________
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AGREEMENT TERMS
Deputy County Attorney
ATTEST:
By:______________________________
Date:_______________________________
Clerk of the Maricopa County Board of Supervisors
STATE OF ARIZONA )
) ss.
County of Maricopa )
On this ____ day of __________, 2017, before me personally appeared
_____________________, the Chairman of Maricopa County Board of Supervisors, for
and on behalf of MARICOPA COUNTY, a political subdivision of the State of Arizona,
whose identity was proven to me on the basis of satisfactory evidence to be the person
who he or she claims to be, and acknowledged that he or she signed the above/attached
document.
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Propane Fire Pit Program Matching Funds
AGREEMENT TERMS
By:________________________________________________
Notary Public
My Commission Expires:_______________________________
ARIZONA PROPANE GAS ASSOCIATION
_____________________________________________________
Signature
_____________________________________________________
Printed Name
_____________________________________________________
Title
_____________________________________________________
Date
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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 “§” 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.
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Propane Fire Pit Program Matching Funds
AGREEMENT TERMS
3. Access to Information: Subject to statutory confidentiality requirements of the County
and APGA, Parties shall have limited access to data and information 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.
8. Assignment: Parties may not assign any rights hereunder without the express, written,
prior consent of the other.
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AGREEMENT TERMS
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, Parties 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 parties.
12. Agreement Term: The initial term of this Agreement shall commence on the Effective
Date and end on February 28, 2018.
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
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AGREEMENT TERMS
in the event this provision is exercised, and the Parties 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:
For APGA: For MCAQD:
Barry M. Aarons, 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@gmail.com
philmcneely@mail.maricopa.gov
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Propane Fire Pit Program Matching Funds
AGREEMENT TERMS
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 "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 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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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 aims to encourage the exchange of wood burning fire pits for
cleaner burning propane gas devices, which will 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 1000
participants. It is anticipated that the funding for the program will be exhausted by the
end of February 2018.
PROGRAMMATIC PRIORITIES:
The Maricopa County Air Quality Department will coordinate and operate the program
in its entirety.
Personnel, Fringe and Indirect Charges
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SCOPE OF WORK
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
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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