AG15 EPA AWARD.PDF

Maricopa County — Formal (2015-08-05)

View PDF Item 15 Meeting page

Extracted text (via pymupdf_layout) 20332 characters
A - 00905215 - 0 Page 1
GRANT NUMBER (FAIN): 00905215
U.S. ENVIRONMENTAL MODIFICATION NUMBER: 0 DATE OF AWARD
PROGRAM CODE: A 06/04/2015
PROTECTION AGENCY TYPE OF ACTION MAILING DATE
New 06/11/2015
Grant Agreement PAYMENT METHOD: ACH#
Advance 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
Dennis Dickerson Lauren Maghran Elizabeth Armour
1001 North Central Avenue 75 Hawthorne Street REG; 09; MTS, MTS-7
Phoenix, AZ 85004 San Francisco, CA 94105 E-Mail: armour.elizabeth.@epa.gov
E-Mail: http://www.maricopa.gov/aq/ E-Mail: Maghran.Lauren@epa.gov Phone: 415-947-4264
Phone: 602-506-6728 Phone: 415-947-4107
PROJECT TITLE AND DESCRIPTION
FY 15 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 full federal funding in the amount of $1,098,221. See Terms and Conditions.
BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST
10/01/2014 - 09/30/2015 10/01/2014 - 09/30/2015 $9,780,922.00 $9,780,922.00
NOTICE OF AWARD
Based on your Application dated 07/31/2014 including all modifications and amendments, the United States acting by and through the US Environmental
Protection Agency (EPA) hereby awards $1,098,221. EPA agrees to cost-share 11.23% of all approved budget period costs incurred, up to and not exceeding
total federal funding of $1,098,221. 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 Office, MTS-7 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 Sara L. Russell - Grants Management Officer DATE
06/04/2015
Cheryl Filart - Award Official delegate

EPA Funding Information A - 00905215 - 0 Page 2
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ $ 1,098,221 $ 1,098,221
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 $ 9,780,922 $ 9,780,922
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
MARICOPA 1509M5S033 15 E1 09M1 102A04 4112 - - 1,098,221
1,098,221


(PageBreak)
A - 00905215 - 0 Page 3
Budget Summary Page
Table A - Object Class Category Total Approved Allowable
(Non-construction) Budget Period Cost
1. Personnel $4,929,872
2. Fringe Benefits $1,774,754
3. Travel $9,198
4. Equipment $420,850
5. Supplies $168,969
6. Contractual $599,529
7. Construction $0
8. Other $127,493
9. Total Direct Charges $8,030,665
10. Indirect Costs: % Base See Term and Condition $1,750,257
11. Total (Share: Recipient 88.77 % Federal 11.23 %.) $9,780,922
12. Total Approved Assistance Amount $1,098,221
13. Program Income $0
14. Total EPA Amount Awarded This Action $1,098,221
15. Total EPA Amount Awarded To Date $1,098,221
Detailed Table B Budget Page: 1
Table B - Program Element Classification Total Approved Allowable
(Non-construction) Budget Period Cost
1. The total approved budget is $9,780,922. $
There are no non-federal, non-recurrent expenditures.
2. $
3. $
4. $
5. $
6. $
7. $
8. $
9. $
10. $
11. Total (Share: Recip % Fed %) $
12. Total Approved Assistance Amount $

(PageBreak)
A - 00905215 - 0 Page 4
Administrative Conditions
The recipient agrees to comply with the current EPA general terms and conditions available at:
http://www.epa.gov/ogd/tc/general_tc_applicable_aa_recipients_dec_26_2014.pdf. These terms and
conditions are in addition to the assurances and certifications made as part of the award and
the terms, conditions or restrictions cited below. The EPA repository for the general terms and
conditions by year can be found at: http://www.epa.gov/ogd/tc.htm.
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-14), 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. The Maricopa
County Air Quality Department’s QMP was approved on January 6, 2014. These Quality Assurance Plans
should cover all measurement activity in 2015.
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 formation of the 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.
END OF DOCUMENT