IGSA MARICOPA COUNTY INTERGOVERNMENTAL SERVICE FINAL 4-7-2017.DOCX

INTERGOVERNMENTAL SERVICE AGREEMENT
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MARICOPA COUNTY AIR QUALITY DEPARTMENT Contract No.: ADEQ17-_______
& Effective Date: Upon Final Signature
ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY
Termination Date: June 30, 2018
Agreement Title: Voluntary Vehicle Repair Program (VVRP) IGSA
COUNTY CONTRACT ADMINISTRATOR
Maricopa County Arizona Department of Environmental Quality
1001 N. Central Avenue #125 Contracts and Procurement Section
Phoenix, AZ 85004 1110 West Washington Street
Phoenix, AZ 85007-2935
Name: Phil McNeely Chief Procurement Officer: Teena Ziegler
Title: Director, Maricopa County Air Quality Procurement Specialist: Jeremiah Weiner (602) 771-4779
Phone: (602) 506-6443
______________________________________________________________________________________________________________________________________________________
THIS CONTRACT is between MARICOPA COUNTY [hereinafter referred to as the “Maricopa County” or ”the County”]
and the STATE OF ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY [hereinafter referred to as the “Department”
or “ADEQ”], established and authorized to contract pursuant to A.R.S. 49-101 through A.R.S. §49-104.
The purpose of this Agreement is to administer the Voluntary Vehicle Repair Program, (“VVRP”) in Maricopa County, as required
by A.R.S. §49-474.03. 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.
The Vehicle Emissions Control (VEC) program at ADEQ reviewed the VVRP requirements and determined that there was existing
capacity to administer the program. These functions can be efficiently implemented through the existing Gordon Darby
Arizona Testing, Inc. (GDAT) contract and ADEQ’s existing VEC staff.
As a result ADEQ can assume the following VVRP responsibilities without additional costs:
 ADEQ will provide repair facilities with all necessary paperwork including:
o Customer agreements, surveys, postage paid envelops, etc.
 ADEQ will train staff who answer the phone line, repair facilities staff and GDAT staff regarding the VVRP.
 ADEQ, will provide a SOW included in this agreement, and a WP via separate attachment to the County for review and approval
prior to initiating Program work.
 ADEQ will perform inspections of the participating VVRP repair facilities and GDAT technicians performing repair
verifications.
 ADEQ will audit invoicing functions as necessary.
The attached Agreement Terms, Voluntary Vehicle Repair Program Overview, and SOW, are incorporated in the agreement.
This document constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or
contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This Contract may be
modified, amended, altered or extended only by a written amendment signed by the parties.
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.
ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY
_____________________________________________________
Signature
_____________________________________________________
Printed Name
_____________________________________________________
Title
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ADEQ17-________
AGREEMENT TERMS
1. Recitals: The purpose of this Agreement is to administer the Maricopa County Voluntary Vehicle Repair
Program (VVRP), as required by A.R.S. §49-474.03.
1.1 ADEQ has the capacity, vehicle emissions contract with Gordon-Darby Arizona Testing, Inc. and list of
quality repair facilities to effectively manage the VVRP. This will allow the efficient repairing of qualified
vehicles, while assisting constituents and improving the State’s air quality.
1.2 ADEQ will work directly with Gordon-Darby Arizona Testing, Inc. ADEQ will be responsible for paying
Gordon-Darby Arizona Testing, Inc. for services that will be rendered.
1.3 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.
2. Definitions: 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 document between ADEQ and the County.
2.5 “GDAT” means GORDON-DARBY ARIZONA TESTING, INC.
2.6 “County” means MARICOPA COUNTY.
2.7 “Department” or “ADEQ” means the Arizona Department of Environmental Quality.
2.8 “Parties” means ADEQ and MARICOPA COUNTY.
2.9 “State” means the State of Arizona.
2.10 “VVRP” means Voluntary Vehicle Repair Program.
3. Access to Information: Subject to statutory confidentiality requirements of the County and ADEQ, 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 Contract Amendment signed by the Director
or designee, of ADEQ and the person duly authorized to act on behalf of the County. Contract 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: No funding is provided under this Agreement between Maricopa County and
ADEQ. Funds shall be expended to reimburse Gordon-Darby Arizona Testing, Inc. for work performed to
administer the VVRP under contract ADEQ14-052318. Any changes or modifications to any part of this
Agreement shall be modified only by written Contract Amendment.
6. Governing Law:
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6.1 This Contract 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: Pursuant to Arizona Revised Statutes (“A.R.S.”) Section (“§”)35-214 and §35-215,
GDAT 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 GDAT shall produce the original of any or all such records.
9. Cancellation of State Contracts: Both parties may cancel this Agreement, without penalty of further
obligation, pursuant to A.R.S. § 38-511.
10. Agreement Term: The initial term of this Agreement shall be from the commencement of signatures by
both parties through June 30, 2018. The Agreement may be renegotiated for additional periods, by formal
Contract Amendment, subject to the requirements and/or limitations by Federal or State regulations.
11. Effective Date: This Agreement shall become effective upon execution of the agreement by all parties.
12. Non-Availability of Funds: Every payment obligation of ADEQ under this Contract 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 parties shall not be obligated or liable for any future payments or
for any damages as a result of termination under this paragraph.
13. Notices, Correspondence, Reports and Invoices:
13.1 All notices and correspondence shall be sent to:
For ADEQ: For Maricopa County:
Steve Calderon Maria Cody, Manager
Section Manager Travel Reduction and Outreach Division
Air Quality Vehicle Emissions Section Maricopa County Air Quality Department
Arizona Department of Environmental Quality 1001 N. Central Avenue
1110 West Washington Street Suite 550
Phoenix, AZ 85007 Phoenix, AZ 85004
(602) 771-7676 (602) 506-6936
Calderon.Steve@azdeq.gov mariacody@mail.maricopa.gov
13.2 All correspondence relating to the execution of the Contract, clarification of this Contract, and Contract
Amendments shall be sent to:
For ADEQ: For Maricopa County:
Jeremiah Weiner, Procurement Specialist Phil McNeely, Director
Arizona Department of Environmental Quality Maricopa County Air Quality
1110 W. Washington Street 1001 N. Central Avenue #125
Phoenix, AZ 85007 Phoenix, AZ 85004
(602) 771-4779 (602) 506-6443
weiner.jeremiah@azdeq.gov philmcneely@mail.maricopa.gov
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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, data, and other materials prepared by the GDAT
in performance of this Agreement shall rest in ADEQ, except for copyrighted material prepared in advance
of this Agreement by the GDAT at the expense of the GDAT. ADEQ shall have full and complete rights to
reproduce, duplicate, disclose, perform and otherwise use all information prepared under this Agreement,
except for copyrighted material as provided in this Section. The GDAT shall have full and complete rights
to reproduce, duplicate, disclose, perform and otherwise use all information prepared under this Agreement
with the provision that all reproduction, duplication, disclosures and literature shall contain
acknowledgement to ADEQ.
15. Reporting: Reporting pursuant to A.R.S. §49-474.03G shall be in accordance with the Scope of Work
included in this Agreement. In addition, ADEQ will provide quarterly reports to the County no later than 45
days after each quarter close.
16. Printing Credit: Promotional materials, such as brochures, advertisements, videos, maps, technical reports,
etc. developed for the VVRP, shall show credit to ADEQ. All promotional materials shall be printed to the
extent possible on recycled paper with the statement “Printed on Recycled Paper” printed on the cover sheet.
17. VVRP Review:
17.1 It is the responsibility of ADEQ to coordinate with the County regarding the progress of VVRP. The County
may request, at its discretion, and ADEQ shall provide, progress updates.
17.2 The “County” reserves the right to review and approve any and all forms, questionnaires, brochures, training
materials and other special purpose documents developed for use in VVRP. ADEQ shall provide the
“County” with copies of documents created for the VVRP.
18. Severability: The provisions of this Agreement are severable to the extent that any provision or application
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.
19. Termination:
19.1 ADEQ or the County may terminate this Agreement at any time, with or without cause, after giving 30 days
written notice of termination to the County or ADEQ, as appropriate. The notice shall specify the effective
date of termination.
19.2 In the event the Agreement is terminated, with or without cause, GDAT shall deliver all finished or unfinished
documents, data, and reports prepared as a result of this Agreement to ADEQ.
20. Indemnification:
20.1 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.
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ADEQ17-________________
VOLUNTARY VEHICLE REPAIR PROGRAM OVERVIEW
The Arizona Department of Environmental Quality will administer the Voluntary Vehicle Repair Program
(VVRP) in Maricopa County under Maricopa County’s authorization. ADEQ will limit administrative costs to
the program by using existing ADEQ funds and staff. Costs to the VVRP fund will be limited to GDAT
administrative costs, and reimbursable repairs.
The VVRP will allow vehicles that are 12 years and older than the current calendar year to be repaired with
current technology if the vehicle fails an emissions test. The VVRP will pay up to $550 for emissions repairs,
and the vehicle’s owner is responsible for a copayment of $150.00.
Diesel powered vehicles with gross vehicle rating of more than 8,500 pounds that are registered in Area A or B and
fail any random roadside test conducted by the state or that fail the emissions test conducted pursuant to A.R.S. §
49-542 are eligible for up one thousand dollars in repair costs from the program. Qualified vehicle owners pursuant
to this subsection shall be responsible for one-half of the costs of the qualified repairs and the other half of the costs
shall be funded from the program up to one thousand dollars. An owner of vehicles that are registered as a fleet shall
not receive more than ten thousand dollars. No more than twenty-five per cent of the program funds in any year may
be used for diesel repairs.
Under the terms of ADEQ contract ADEQ14-052318, Gordon-Darby Arizona Testing, Inc. is responsible for
vehicle testing, customer education, vehicle repair facility references, paying of repair facility invoices and the
retesting of vehicles for Maricopa County. Gordon-Darby Arizona Testing, Inc. will then invoice ADEQ for the
cost of repairs as well as $40.00 per vehicle that was repaired.
The cost of the VVRP will include the following:
Print Materials $3,000.00
Software Development (one time cost) $31,250.00
Administrative Fee per Vehicle (1,000 vehicle estimate) $40,000.00
Maximum Cost of Gasoline Vehicle Reimbursable Repairs (1,000 vehicle estimate)* $550, 000.00
Total Cost: $624,250.00
*The owners of qualifying diesel vehicles are eligible for up to $1000 per vehicle for reimbursement of
emission-related repairs. Repairs must be made by a certified diesel repair facility. No more than 25 percent of
program funds may be used for diesel repairs.
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ADEQ17-________________
SCOPE OF WORK
The Arizona Department of Environmental Quality (ADEQ), under the authorization of Maricopa County (the
County) in accordance with A.R.S. §11-953 and A.R.S. §49-474.03, shall administer a Voluntary Vehicle Repair
Program (VVRP). The VVRP shall provide for real and quantifiable emissions reduction based on actual emissions
testing performed on the vehicle before and after repair.
1. The County shall provide the following services:
1.1 Pursuant to A.R.S. §49-474.03, the county shall coordinate with ADEQ to administer the VVRP.
2. ADEQ shall provide the following services:
2.1 ADEQ will review and pay invoices submitted by GDAT, including periodic auditing of GDAT.
2.2 ADEQ will quantify emissions reductions from the VVRP. ADEQ will be responsible for providing a
quarterly report to the County no later than 45 days after the close of each quarter. By December 1 of each
calendar year, the ADEQ shall prepare and submit a progress report to the County, Arizona Department of
Transportation, the Arizona Speaker of the House of Representatives, the Arizona President of the Senate,
the Governor of Arizona, the Arizona Secretary of State and the Director of the Arizona State Library
Archives and Public Records on the VVRP that contains at least the following information:
a. The number of vehicles repaired by model year and associated repair costs.
b. The number and nature of vehicle emissions reduced.
c. The cost-effectiveness of the VVRP in terms of dollars spent per ton of vehicle emission
reductions.
d. Any recommendations for improving the effectiveness of the VVRP.
e. The administrative costs of the VVRP.
3. GDAT shall provide the following services:
3.1 Develop software to automate process of recording emissions testing.
3.2 Develop print materials for the purpose of providing items specified in 3.4 (below).
3.3 Provide a staffed Helpline telephone number to answer questions from the public, staffing, data
gathering/research and report preparation.
3.4 Print and provide pre-qualification checklist and VVRP application.
3.5 Determine eligibility of vehicles for VVRP, including providing repair options to customers.
3.6 Contract with repair facilities eligible to participate in the VVRP.
3.7 Provide information on participating repair facilities to the customer.
3.8 Perform pre and post-repair testing and transmit results to repair facility.
3.9 Verify all emission related repairs performed by participating repair facility.
3.10 Reimburse participating repair facilities for emission related repair costs.
3.11 Invoice ADEQ for costs associated with implementing the VVRP.
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