IGA RE FY2017 STATE CLEAN DIESEL SUB AWARD BETWEEN MCAQD AND DEER VALLEY USD #97.PDF

INTERGOVERNMENTAL SERVICE AGREEMENT
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MARICOPA COUNTY AIR QUALITY DEPARTMENT
& Effective Date: Upon Final Signature
Deer Valley Unified School District #97
Termination Date: September 30, 2017
Agreement Title: State Clean Diesel Program Sub Award
COUNTY CONTRACT ADMINISTRATOR
Maricopa County Deer Valley Unified School district #97
1001 N. Central Avenue #125 20402 N. 15th Avenue
Phoenix, AZ 85004 Phoenix, AZ 85027
Name: Phil A. McNeely Name: Jim Migliorino
Title: AQD Director Title: Deputy Superintendent
Phone: (602) 506-6701 Phone: (623) 445-4958
______________________________________________________________________________________________________________________________________________________
THIS CONTRACT is between MARICOPA COUNTY [hereinafter referred to as the “Maricopa County” or ‘the County”] and Deer
Valley Unified School District #97 (DVUSD).
The purpose of this Agreement is to administer the funding provided by Maricopa County to DVUSD for the State Clean Diesel Program
Funding provided through the Diesel Emissions Reduction Act (DERA). As part of this Agreement, the Board of Supervisors are acting
under the authority of A.R.S. 11-952 to enter into this agreement.
DVUSD will assume the following DERA responsibilities:
• DVUSD, will procure the replacement of the vehicle/s in line with the guidelines set forth by the State Clean Diesel Program
Guide.
• DVUSD, will provide a work plan via separate attachment to the County for review and approval prior to initiating work.
• DVUSD, will provide monthly reports to Maricopa County on the purchasing of the new vehicle and any issues that arise.
• DVUSD, will provide detailed invoices to Maricopa County in order to be reimbursed for purchases.
• DVUSD, will complete all and submit all final invoices by September 30, 2017.
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
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.
Deer Valley Unified School District #97 (DVUSD)
_____________________________________________________
Authorized Signature
_____________________________________________________
Printed Name
_____________________________________________________
Title
_____________________________________________________
Date
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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 it, 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.
4. Amendment: This Agreement may be modified only by written Agreement Amendment signed by the
Director or designee, of DVUSD and the person duly authorized to act on behalf of the County. Agreement
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 $120,000.00 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 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.
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, 2017.
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
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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
(623) 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:
Ernie Meza, Director of Transportation Edward Limon, Grant Programs Administrator
Deer Valley Unified School District #97 Maricopa County Air Quality
20402 N. 15th Avenue 1001 N. Central Avenue #125
Phoenix, AZ 85027 Phoenix, AZ 85004
(602) 467-5091 (602) 506-0147
Ernie.Meza@dvusd.org EddieLimon@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.
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 monthly reports to the County no later than 30
days after each quarter close.
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 documents, data, and reports prepared as a result of this Agreement to the County.
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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,
(State Agency) is self-insured per A.R.S. 41-621.
DIESEL EMISSIONS REDUCTION ACT STATE CLEAN DIESEL PROGRAM OVERVIEW
Administration
MCAQD will administer the Diesel Emissions Reduction Act (DERA) State Clean Diesel Program in Maricopa
County under authorization from the State of Arizona. 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, and
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 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%
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
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Vehicle/Equipment 35% 65%
Replacement
– Low NOx
Vehicle/Equipment 45% 55%
Replacement
– All-Electric
Budget/Sub Award Monies
Written approval by MCAQD is required prior to any changes to the sub award budget. Failure to obtain prior
authorization may result in suspension of the sub award.
Sub award monies are to be used only during the period of October 1, 2016 through September 30, 2017. Any
deviation from this schedule must have prior approval from MCAQD. A request for extension may be
considered but will require prior approval by the MCAQD before the scheduled end date of September 30,
2017.
Disbursements
Payment of sub award monies is made once evidence of new vehicle invoice and documentation of proper
destruction of replaced vehicle is submitted to MCAQD. Use of sub ward monies is subject to compliance with
these conditions of the sub award and satisfactory project performance. MCAQD reserves the right to terminate
any project that, in MCAQD 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 60 days of the
replacement, or remanufactured to a certified cleaner 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.
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SCOPE OF WORK
The DVUSD, under the authorization of the Maricopa County in accordance with 42 U.S.C. 16133, shall
administer the Diesel Emissions Reduction Act (DERA) State Clean Diesel Program.
1. The County shall provide the following services:
1.1 Maricopa County will review and pay invoices submitted by DVUSD.
1.2 Maricopa County will quantify emissions reductions from the vehicles retrofitted or replaced. On the dates
July 31, 2017 and October 31, 2017 the County shall prepare and submit a report to the Environmental
Protection Agency (EPA) that contains at least the following information:
a. The number of vehicles retrofitted or replaced by model year.
b. The number 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 Determine eligibility of vehicles for DERA.
2.2 Contract with retrofit facilities eligible to participate in the DERA.
2.3 Verify all emission related retrofits performed by participating facilities.
2.4 Invoice Maricopa County for costs associated with implementing the DERA.
2.5 Submit supporting documentation to Maricopa County of retrofitting including costs and type of
technologies used.
2.6 Submit evidence of appropriate disposal (such as digital photos or 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) is required in a final assistance agreement report submitted to MCAQD.
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