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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