A-00905216-0MARICOPA.PDF

Maricopa County — Formal (2016-09-07)

View PDF Item 39 Meeting page

Extracted text (via pymupdf_layout) 22478 characters
A - 00905216 - 0 Page 1
GRANT NUMBER (FAIN): 00905216
U.S. ENVIRONMENTAL MODIFICATION NUMBER: 0 DATE OF AWARD
PROGRAM CODE: A 06/30/2016
PROTECTION AGENCY TYPE OF ACTION MAILING DATE
New 07/07/2016
Grant Agreement PAYMENT METHOD: ACH#
ASAP 90179
RECIPIENT TYPE: Send Payment Request to:
County Las Vegas Finance Center email:
lvfc-grants@epa.gov or Fax (702) 798-2423
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 McNeely 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: philmcneely@mail.maricopa.gov E-Mail: Maghran.Lauren@epa.gov Phone: 415-947-4264
Phone: 602-372-6440 Phone: 415-947-4107
PROJECT TITLE AND DESCRIPTION
FY-2016 Air Pollution Control Program
The purpose of this program is to provide continuing support for activities which include strategic planning and evaluation, compliance assistance, developing
state implementation plans, monitoring air and emissions, rulemaking, operating permits and all other program-related activities. This program will protect and
improve the air quality in Maricopa County and reduce the risks to human health and the environment.
This assistance agreement provides federal funding in the amount of $1,094,817. See Terms and Conditions.
BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST
10/01/2015 - 09/30/2016 10/01/2015 - 09/30/2016 $9,816,153.00 $9,816,153.00
NOTICE OF AWARD
Based on your Application dated 07/31/2015 including all modifications and amendments, the United States acting by and through the US Environmental
Protection Agency (EPA) hereby awards $1,094,817. EPA agrees to cost-share % of all approved budget period costs incurred, up to and not exceeding total
federal funding of $1,094,817. 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 for Craig A. Wills - Grants Management Officer DATE
06/30/2016
Cheryl Filart - Award Official delegate

EPA Funding Information A - 00905216 - 0 Page 2
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ $ 1,094,817 $ 1,094,817
EPA In-Kind Amount $ $ $ 0
Unexpended Prior Year Balance $ $ $ 0
Other Federal Funds $ $ $ 0
Recipient Contribution $ $ 8,682,701 $ 8,682,701
State Contribution $ $ $ 0
Local Contribution $ $ $ 0
Other Contribution $ $ $ 0
Allowable Project Cost $ 0 $ 9,777,518 $ 9,777,518
Assistance Program (CFDA) Statutory Authority Regulatory Authority
66.001 - Air Pollution Control Program Support Clean Air Act: Sec. 105 2 CFR 200
2 CFR 1500
40 CFR 33 and 40 CFR 35 Subpart A
Fiscal
Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation /
Code Organization Class Organization Deobligation
- 1609M6S015 16 E1 09M1 102A04 4112 - - 878,577
- 1609M6S015 16 E1 09M1 102A04 4112 - - 216,240
1,094,817


(PageBreak)
A - 00905216 - 0 Page 3
Budget Summary Page
Table A - Object Class Category Total Approved Allowable
(Non-construction) Budget Period Cost
1. Personnel $4,814,140
2. Fringe Benefits $1,829,373
3. Travel $5,865
4. Equipment $394,488
5. Supplies $271,306
6. Contractual $675,451
7. Construction $0
8. Other $88,746
9. Total Direct Charges $8,079,369
10. Indirect Costs: % Base $1,736,784
11. Total (Share: Recipient % Federal %.) $9,816,153
12. Total Approved Assistance Amount $1,094,817
13. Program Income $0
14. Total EPA Amount Awarded This Action $1,094,817
15. Total EPA Amount Awarded To Date $1,094,817

(PageBreak) A - 00905216 - 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-march-29-2016-
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 http://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
http://www2.epa.gov/financial/forms.
The recipient shall identify non-federal, non-recurrent expenditures in Block 12
(Remarks) of the FFR or include the information as an attachment to the FFR on a
separate page. The recipient also agrees to include a statement certifying that
supplanting did not occur.
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.
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 annually. Reporting is required 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 subawards 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 meets the conditions above
and is subject to Disadvantaged Business Enterprise (DBE) Program reporting
requirements. Conversely, the recipient must submit to the GrantsRegion9@epa.gov a
justification and budget detail within 21 days of the award date demonstrating that this
award is not subject to the DBE reporting requirements.
The recipient agrees to complete and submit a “MBE/WBE Utilization under Federal
Grants, Cooperative agreements” report (EPA Form 5700-52A) on an annual basis. All
procurement actions that are reportable, not just that portion which exceeds $150,000.
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 must check the box
indicated for the “last report” of the project in section 1B of the form. Annual reports are
due by October 30 th of each year. Final reports are due by October 30 th 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 . The current EPA Form
5700-52A can be found at the EPA Office of Small Business Program’s Home Page at
http://www.epa.gov/osbp/dbe_reporting.htm .
This provision represents an approved deviation from the MBE/WBE reporting
requirements as described in 40 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 40 CFR Part 33, Subpart C, and Fair Share
Objectives negotiation as described in 40 CFR Part 33, Subpart D.
F. Indirect Costs
If the recipient does not have a previously established indirect cost rate, it 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:
http://www.aqd.nbc.gov/services/ICS.aspx
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.
The recipient agrees to comply with the audit requirements prescribed in 2 CFR Part
200, Subpart F, Audits of States, Local Governments, and Non-Profit Organizations.
g. Cost-Share Requirement and Maintenance of Effort

The required minimum recipient cost share for this assistance agreement is 40% of
total project costs, or Maintenance of Effort (MOE) level of $8,682,701 (final MOE for
FY-15), whichever is greater. EPA agrees to pay up to 60% of total eligible project
costs, not to exceed the Total Approved Assistance Amount, provided that the
recipient's MOE level is maintained. The assistance agreement may reflect a
percentage shown under the "Notice of Award" section which is based on estimated
costs requested in the recipient's application.
Programmatic Conditions
a. This grant includes the performance of environmental measurements; therefore
Quality Assurance Planning Documents are required. Quality Assurance Project Plans
for NOx, SOx, CO, ozone and PM2.5 monitoring were approved by Maricopa County Air
Quality Department on July 14, 2011. These Quality Assurance Plans will reach their
five year lifetime during the grant period and should either be revised or else a new QA
Plan prepared and submitted to EPA. Work may continue under the existing approved
QA Plans until the new ones have been approved. The Maricopa County Air Quality
Department’s QMP was approved on January 6, 2014.
b. The recipient shall submit mid-year and end-of-year progress reports to the EPA
Project Officer. The mid-year report is due no later than 30 calendar days after the
end of the 2 nd federal fiscal quarter (April 30 th) and the 4 th federal fiscal quarter
(October 31). These reports should include brief information on each of the
following areas: 1) a comparison of actual accomplishments to the
outputs/outcomes established in the assistance agreement workplan for the period
2) the reasons for slippage if established outputs/outcomes were not met and 3)
additional pertinent information including, when appropriate, analysis and
information on cost overruns or high unit costs.
c. Consistent with local, state and federal grant procurement rules, recipient shall,
when feasible, purchase environmentally preferable products/services and hold
conferences/meetings using environmentally preferable measures. Environmentally
preferable products/services and environmentally preferable measures include
those that have a lesser or reduced effect on the environment when compared with
competing products, services, or measures that serve the same purpose. This
comparison may consider raw material acquisition, production, manufacturing,
packaging, distribution, comparison may consider war material acquisition,
production, manufacturing, packaging, distribution, reuse, operation, maintenance,
or disposal of the product or service. In addition, environmentally preferable
measures for conferences/meetings apply to large gatherings of ten or more
persons.
d. Cybersecurity:
(a) The recipient agrees that when collecting and managing environmental data under
this assistance agreement, it will protect the data by following all State or Tribal law
cybersecurity requirements as applicable.

(b)(1) EPA must ensure that any connections between the recipient’s network or
information system and EPA networks used by the recipient to transfer data under this
agreement, are secure. For purposes of this Section, a connection is defined as a
dedicated persistent interface between an Agency IT system and an external IT system
for the purpose of transferring information. Transitory, user-controlled connections such
as website browsing are excluded from this definition.
If the recipient’s connections as defined above do not go through the Environmental
Information Exchange Network or EPA’s Central Data Exchange, the recipient agrees
to contact the EPA Project Officer (PO) no later than 90 days after the date of this
award and work with the designated Regional/Headquarters Information Security
Officer to ensure that the connections meet EPA security requirements, including
entering into Interconnection Service Agreements as appropriate. This condition does
not apply to manual entry of data by the recipient into systems operated and used by
EPA’s regulatory programs for the submission of reporting and/or compliance data.
(b)(2) The recipient agrees that any subawards it makes under this agreement will
require the subrecipient to comply with the requirements in (b)(1) if the subrecipient’s
network or information system is connected to EPA networks to transfer data to the
Agency using systems other than the Environmental Information Exchange Network or
EPA’s Central Data Exchange. The recipient will be in compliance with this condition:
by including this requirement in subaward agreements; and during subrecipient
monitoring deemed necessary by the recipient under 2 CFR 200.331(d), by inquiring
whether the subrecipient has contacted the EPA Project Officer. Nothing in this
condition requires the recipient to contact the EPA Project Officer on behalf of a
subrecipient or to be involved in the negotiation of an Interconnection Service
Agreement between the subrecipient and EPA.
END OF DOCUMENT