FP00004801 FRASER MCAQD - ASU OGC SIGNED 8 20 2015.PDF
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INTERGOVERNMENTAL AGREEMENT
COST REIMBURSABLE
ASU Reference No. FP00004801
Sponsor Reference No.
THIS AGREEMENT is made and entered into by and between Maricopa County, a political
subdivision of the State of Arizona, for and on behalf of the Air Quality Department, a regulatory
agency (hereinafter called "Sponsor"), and the Arizona Board of Regents, a body corporate with
perpetual succession, for and on behalf of Arizona State University (hereinafter called "ASU"). Sponsor
and ASU may be individually referred to in this Agreement as "Party" or collectively as "Parties."
Whereas, Sponsor desires that ASU perform certain services as described in the scope of work attached
hereto and incorporated herein as Exhibit A, and ASU desires to perform such services upon and subject
to the terms and conditions hereinafter set forth.
Whereas, the Parties are authorized to enter into this Agreement with one another pursuant to Arizona
Revised Statutes ("A.R.S") § 11-952 and other statutes.
Whereas, Sponsor is also authorized to enter into this Agreement pursuant to A.R.S. §49-402.B
Whereas, The Arizona Board of Regents (ABOR) is authorized to enter into agreements by the Arizona
legislature (A.R.S. § 15-1625.B).
NOW, THEREFORE, the Parties agree as follows:
ARTICLE I. SCOPE OF WORK. ASU shall use all reasonable efforts to perform the services and
deliver any reports or other items specified in Exhibit A attached hereto.
ARTICLE II. PRINCIPAL INVESTIGATOR. ASU shall provide Matthew Fraser, of the Global
Institute of Sustainability, as Principal Investigator for work under this Agreement.
ARTICLE III. PERIOD OF PERFORMANCE. This Agreement shall begin on August 17, 2015
and shall terminate on August 16, 2016. This Agreement may be modified or extended at any time by
mutual written consent of both parties. This Agreement may be modified or extended at any time by
mutual written consent of both Parties.
ARTICLE IV. SPECIAL PROVISIONS.
1. Compensation. Compensation shall be on a cost reimbursable basis for personnel and indirect
expenses. Sponsor shall pay ASU in an amount not to exceed $20,364 for ASU's services
hereunder. Sponsor shall remit not less than twenty-five percent (25%) of the total IGA price
upon execution by both Parties of this Agreement in the amount of $5,091.
2. Publications. Sponsor recognizes that under ASU policy the results of work performed under this
Agreement must be publishable. Sponsor agrees that ASU and its employees and students engaged
in work under this Agreement shall be free to present and/or publish the results and methods of such
work at symposia, professional meetings, journals, theses, dissertations, and other documents or
venues (at their own choosing). Copies of proposed manuscripts will be furnished to Sponsor for
review prior to publication or public presentation. If the Sponsor finds any proprietary or
confidential information, then the Sponsor should notify ASU of this information, and ASU will
remove the noted information from the manuscript. In no event will ASU delay publication for more
than thirty (30) days from date of submittal of manuscript for Sponsor review.
3. Progress Reporting. The Principal Investigator (PI) shall establish meetings or conference calls on
at least a bimonthly basis to review progress on the scope of work with the Sponsor, to begin with an
initial meeting for commencing the project. In addition, memoranda from the PI to the Sponsor shall
be submitted. The purpose of these communications will be to provide interim results, if
appropriate, identify outstanding issues, and action items to be implemented by the Sponsor or PI.
The initial meeting shall take place within 21 calendar days of the execution date of this agreement.
The quarterly progress memoranda shall be submitted no later than December 15, 2015, March 15,
2016, and July 15, 2016.
4. Notices. All notices under this Agreement given by either Party to the other shall be in writing and
shall be sent by U.S. Postal Service, first class, facsimile or e-mail. Addresses are as follows:
For ASU: Office for Research & Sponsored Projects Administration
Arizona State University
P.O. Box 876011
Tempe, Arizona 85287-6011
e-mail: asu.awards@asu.cdu
Phone: (480) 965-1427
Fax: (480) 965-2455
cc: PI email address: Matthew.Fraser _,asu.edu
For Sponsor: Maricopa County Air Quality Department
Attn: Ira Domsky
1001 North Central Avenue, Suite 125
Phoenix AZ 85004
Phone: (602) 506-6010
Fax: (602) 372-0587
Sponsor contact email address: iradomsky@mail.maricopa.gov
For Sponsor Financial Contact:
Maricopa County Air Quality Department
Attn: David Bruce
1001 North Central Avenue, Suite 125
Phoenix AZ 85004
Phone: (602) 506-6979
Fax: (602) 372-6440
ARTICLE V. GENERAL PROVISIONS.
1. Entire Agreement. This Agreement embodies the entire understanding of the Parties and
supersedes any other agreement or understanding between the Parties relating to the subject
matter. The Parties agree that should any part of this Agreement be held to be invalid or void,
the remainder of the Agreement shall remain in full force and effect and shall be binding upon
the Parties.
2. Waivers. No waiver, amendment or modification of this Agreement shall be valid or binding
unless written and signed by the Parties. Waiver by either Party of any breach or default of any
clause of this Agreement by the other Party shall not operate as a waiver of any previous or
future default or breach of the same or different clause of this Agreement.
3. Assignment. Neither Party may assign any rights hereunder without the express, written, prior
consent of both Parties.
4. Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of Arizona.
5. Failure of Legislature to Appropriate. In accordance with A.R.S. § 35-154, if ASU's
performance under this Agreement depends on the appropriation of funds by the Arizona
Legislature, and if the Legislature fails to appropriate the funds necessary for performance, then
ASU may provide written notice of this to Sponsor and cancel this Agreement without further
obligation of ASU. Appropriation is a legislative act and is beyond the control of ASU. ASU
agrees to notify Sponsor as soon as reasonably possible after ASU knows of the loss of funds.
6. Conflict of Interest. This Agreement is subject to the provisions of A.R.S. 38-511. ASU or
Sponsor may cancel this Agreement if any person significantly involved in negotiating, drafting,
securing or obtaining this Agreement for or on behalf of ASU becomes an employee in any
capacity of any other Party or a consultant to any other Party with reference to the subject matter
of this Agreement while the Agreement or any extension thereof is in effect.
7. Independent Contractor. ASU is an independent contractor and shall be free to exercise its
discretion and independent judgment as to the method and means of performance of its work
hereunder. ASU's employees shall not be considered employees of Sponsor, and Sponsor's
employees shall not be considered employees of ASU. Neither ASU nor Sponsor personnel will,
by virtue of this Agreement, be entitled or eligible, by reason of this Agreement, to participate in
any benefits or privileges given or extended by the other Party to its employees.
8. Termination. Either Party may at any time terminate this Agreement by giving the other Party
not less than thirty (30) days prior written notice. In the event this Agreement is canceled by
Sponsor, Sponsor shall remain responsible for payment to ASU for all work performed through
the date of termination and for reimbursement to ASU of all non-cancelable commitments
incurred in the conduct of the research. Non-cancelable commitments shall include employment
commitments to ASU personnel through the end of the semester following any such termination
by Sponsor. In the event ASU terminates this Agreement any unused funds from the advance
will be returned. Upon termination, property purchased in furtherance of this Agreement will
remain the property of the purchasing Party, unless expressly specified otherwise.
9. Dispute Resolution. In the event of any dispute, claim, question, or disagreement arising from
or relating to this Agreement or the breach thereof, the parties hereto shall use their reasonable
efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult
and negotiate with each other in good faith and, recognizing their mutual interests, attempt to
reach a just and equitable solution satisfactory to both parties. As required by A.R.S. § 12-1518,
the parties agree to make use of arbitration in disputes that are subject to mandatory arbitration
pursuant to A.R.S. § 12-133.
10 Insurance. ASU maintains general liability insurance and worker's compensation coverage as
required by state law and pertinent federal laws and regulations under the State of Arizona Risk
Management Plan.
11. Nondiscrimination. The Parties will comply with all applicable state and federal laws, rules,
regulations and executive orders governing equal employment opportunity, immigration, and
nondiscrimination, including the Americans with Disabilities Act. If applicable, the Parties
will abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These
regulations prohibit discrimination against qualified individuals based on their status as
protected veterans or individuals with disabilities, and prohibit discrimination against all
individuals based on their race, color, religion, sex or national origin. Moreover, these
regulations require that covered prime contractors and subcontractors take affirmative
action to employ and advance in employment individuals without regard to race, color,
religion, sex, national origin, protected veteran status or disability.
12. News Release. Sponsor may not use the name of ASU in news releases, publicity, advertising,
or other promotion, without the prior written consent of ASU, except for documents used for
internal consumption by Sponsor.
13. Service Marks and Trademarks. Neither Party shall use any service marks, trademarks, logos
or other marks of the other Party without the express written approval of the other Party. The use
of any marks must comply with the owner's requirements, including using the "circle R"
indication of a registered trademark.
SIGNATURE PAGE FOLLOWS
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by its duly
authorized representatives on the respective dates entered below.
ARIZONA BOARD OF REGENTS, MARICOPA COUNTY,
FOR AND ON BEHALF OF a political subdivision of the State of Arizona
ARIZONA STATE UNIVERSITY
By: By:
Name: Heather Clark Name: Steve Chucri
Title: Assistant Director, Title: Chairman of the Board
Research Operations of Supervisors
Date: Date:
IGA DETERMINATION - ASU
This IGA, which is an agreement between public agencies, has been reviewed pursuant to A.R.S.
§11-952 by the undersigned, who has determined that it is in the proper form and is within the power
and authority granted under the laws of the State of Arizona to those parties to the Agreement
represented by Legal Counsel for Arizona State University.
APPROVED AS TO FORM:
A oc;14. 1te... Gevs.c rk CoLmse , ' -)0
Offib of General Counsel for Arizona State University
IGA DETERMINATION - SPONSOR
This IGA, which is an agreement between public agencies, has been reviewed pursuant to A.R.S.
§11-952 by the undersigned, who has determined that it is in the proper form and is within the power
and authority granted under the laws of the State of Arizona to those parties to the Agreement
represented by the Sponsor's Attorney.
APPROVED AS TO FORM: ATTEST:
Deputy County Attorney Clerk of the Board
EXHIBIT A
Scope of Work:
Analysis of Phoenix Supersite VOC Concentrations
To better understand the sources of ozone-relevant hydrocarbons in Phoenix, a study of the
ambient VOCs collected at the Phoenix Supersite will be undertaken. Three specific tasks
have been identified and the motivation, approach and deliverables for each task is given
below.
Task 1: Multivariate Analysis of VOC Concentrations. Multivariate source apportionment
(also called matrix isolation) uses statistical correlations within the ambient data sets to
separate the observed concentration of species into a source profile matrix and a separate
source factor matrix (i.e. the multiple variables). This allows an initial analysis of urban air
quality without a-priori identification of sources or collection of expected composition from each
source. The source profile matrix details which VOCs trend with each other (i.e. originate from
a common source) while the source factor matrix describes the relative contribution of each
isolated source profile to the ambient observed pollutant levels. By interpretation of the source
profile and comparison to known compositions from specific source categories, each factor can
be attributed to a source. Then, a linear regression between the source factors and observed
VOC levels can covert the source factor into source strengths which indicate the contribution of
each source factor to ambient levels. We will use Positive Matrix Factorization (PMF), which
further assumes all factors have non-negative contributions to ambient pollution levels, to
perform the source apportionment. The PMF model will be optimized for the Phoenix ambient
data set based on the number of species measured, the number of data observations as well
as for the number of source profiles required to fully separate the profile matrix from the factor
matrix. Model performance will be judged based on minimizing the residual between the
observed pollutant matrix and the modeled concentrations. Once the model is optimized and
the linear regression performed, we will correlate high VOC source factors where a single
source contributes greater than 75% of observed VOC concentrations with local
meteorological conditions (e.g. wind direction, wind speed, temperature) to identify potential
source hot spots. The deliverables for this task will be a set of interpreted source profiles, the
relative strength of each source profile to the ambient pollutant burden, and interpretation of
the high observed VOC concentrations with meteorological parameters.
Task 2: Univariate Analysis of VOC Concentration. While multivariate analysis allows
analysis of the VOC dataset without prior assignment of the expected sources, the linear
regression required to convert source factors to ambient burdens can introduce uncertainty
into the analysis. To minimize uncertainty in the assignment of contributions to known likely
sources, we will also perform univariate source apportionment of the Phoenix Supersite VOC
dataset. This univariate modeling will use literature and regulatory speciation data of VOC
sources, including EPA's Speciate Database, for each likely source contributing to the VOC
levels measured in Phoenix. The list of likely sources will be taken from existing VOC
inventories as well as from the initial Multivariate Analysis task. Then, the ambient data will be
modeled using the Chemical Mass Balancing (CMB) model to determine the best estimate of
the absolute contribution of each source to the ambient pollution concentration. The CMB
model will be optimized for the Phoenix ambient data set based on the number of species
measured, the relative uncertainty in each measured species concentration, and how missing
or below detection concentrations are treated in the modeling approach. Model performance
will be judged based on minimizing the residual between the observed pollutant matrix and the
modeled concentrations. Once the model is optimized and the linear regression performed, we
will correlate high VOC observations (both 75th and 90th percentile) with local meteorological
conditions (e.g. wind direction, wind speed, temperature) to identify potential source hot spots.
Once the model is optimized, we will correlate high VOC source factors where a single source
contributes greater than 75% of observed VOC concentrations with local meteorological
conditions (e.g. wind direction, wind speed, temperature) to identify potential source hot spots.
The deliverables for this task will be the absolute strength of each source category to the
ambient pollutant burden and interpretation of the high observed VOC concentrations with
meteorological parameters.
Task 3: Comparison of Top-Down Source Attribution with Existing VOC Inventories.
The advantage of a top-down approach to determine VOC sources (i.e. using ambient data to
identify sources) is that it provides an independent corroboration of the bottoms-up inventories
used for predictive air quality models. To validate the existing VOC inventory for Phoenix, or to
identify possible source categories that are not well-modeled by the existing bottom-up
inventory approach, the relative contribution to ambient VOC levels predicted by the existing
inventory will be compared to the results of the CMB and PMF source attribution results. In
addition, a comparison of the representativeness of the Phoenix Supersite location compared
to the greater Phoenix area will be done to see which emission sources are over-represented
or under-represented in the local vicinity of the sampling location. Further, the suite of VOCs
measured at the Supersite will be compared to the compounds measured in other urban areas
to identify if expansion of the sampling suite would add value to source-receptor reconciliation
approaches. The deliverables for this task will be a comprehensive scientific report outlining
the details of the comparison as well as a short policy-relevant summary document not to
exceed 2 pages.