AWARDLETTERREGRANTPM-99T08801-0FROMUSEPA.PDF
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PM - 99T08801 - 0 Page 1 GRANT NUMBER (FAIN): 99T08801 U.S. ENVIRONMENTAL MODIFICATION NUMBER: 0 DATE OF AWARD PROGRAM CODE: PM 04/09/2014 PROTECTION AGENCY TYPE OF ACTION MAILING DATE New 04/16/2014 Grant Agreement PAYMENT METHOD: ACH# Advance 90179 RECIPIENT TYPE: Send Payment Request to: County Las Vegas Finance Center, 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 William Wiley Maeve Clancy Elizabeth Armour 1001 North Central Avenue 75 Hawthorne Street Grants Management Office, MTS-7 Phoenix, AZ 85004 San Francisco, CA 94105 E-Mail: Armour.Elizabeth@epa.gov E-Mail: 602-506-6701 E-Mail: clancy.maeve@epa.gov Phone: 415-947-4264 Phone: 602-506-6701 Phone: 415-947-4105 PROJECT TITLE AND DESCRIPTION PM 2.5 MONITORING NETWORK The purpose of this grant is to provide Fiscal Year 2014 funding to the Maricopa County Air Quality Department (MCAQD) to monitor fine particulate matter with the diameter equal to or smaller than 2.5 micrometers (PM 2.5) in order to determine compliance with the PM 2.5 National Ambient Air Quality Standards and determine reductions in air emissions. This Assistance Agreement provides full federal funding in the amount of $148,100. Preaward costs have been approved back to April 1, 2014. See Terms and Conditions. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 04/01/2014 - 03/31/2015 04/01/2014 - 03/31/2015 $148,100.00 $148,100.00 NOTICE OF AWARD Based on your Application dated 03/10/2014 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $148,100. EPA agrees to cost-share 100.00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $148,100. 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 statutory provisions. The applicable regulatory provisions are 40 CFR Chapter 1, Subchapter B, and 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 Carolyn Truong - Acting - Assistant Regional Administrator DATE 04/09/2014 Brenda Bettencourt - Award Official delegate EPA Funding Information PM - 99T08801 - 0 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $ 148,100 $ 148,100 EPA In-Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $ 0 Other Federal Funds $ $ $ 0 Recipient Contribution $ $ $ 0 State Contribution $ $ $ 0 Local Contribution $ $ $ 0 Other Contribution $ $ $ 0 Allowable Project Cost $ 0 $ 148,100 $ 148,100 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.034 - Clean Air Act: Sec. 103 40 CFR PART 31 Surveys-Studies-Investigations-Demonstrations and Special Purpose Activities relating to the Clean Air Act Fiscal Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation / Code Organization Class Organization Deobligation - 1409M4S038 14 E1 09M1 102A04XPM 4112 - - 148,100 148,100 (PageBreak) PM - 99T08801 - 0 Page 3 Budget Summary Page Table A - Object Class Category Total Approved Allowable (Non-construction) Budget Period Cost 1. Personnel $27,716 2. Fringe Benefits $5,127 3. Travel $0 4. Equipment $93,000 5. Supplies $11,000 6. Contractual $0 7. Construction $0 8. Other $1,100 9. Total Direct Charges $137,943 10. Indirect Costs: % Base See Terms and Conditions $10,157 11. Total (Share: Recipient 0.00 % Federal 100.00 %.) $148,100 12. Total Approved Assistance Amount $148,100 13. Program Income $0 14. Total EPA Amount Awarded This Action $148,100 15. Total EPA Amount Awarded To Date $148,100 (PageBreak) PM - 99T08801 - 0 Page 4 Administrative Conditions PM2.5 administrative conditions – 04.01.2014 The recipient agrees to comply with the current EPA general terms and conditions available at: http://www.epa.gov/ogd/general_t_c.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, an interim FFR (SF 425) covering the period from "project/budget period start date" to September 30 of each calendar year shall be submitted to the U.S. EPA Las Vegas Finance Center, 4220 South Maryland Parkway, Bldg. C, Room 503, Las Vegas, NV 89193-8515, no later than December 30 of the same calendar year. B. Procurement The recipient will ensure all procurement transactions will be conducted in a manner providing full and open competition consistent with EPA regulations under 40 CFR Part 30.43, 31.36 or 35.6555, as applicable. In accordance with 40 CFR Part 30.45, 31.36(f) or 35.6585, as applicable, the grantee and subgrantee(s) must perform a cost or price analysis in connection with every procurement action, 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 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 objectives 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 as follows: MBE WBE Construction 12% 5% Equipment 4% 4% Services 3% 2% Supplies 1% 1% By signing this financial assistance agreement, the recipient is accepting 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 Arizona Department of Environmental Quality. Negotiating Fair Share Objectives/Goals, 40 CFR, 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 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 Utilization Report 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 Fair Share Objectives negotiation as described in 40 CFR Part 33 Subpart D. MBE/WBE reporting is limited to annual reports and only required for assistance agreements where one or more of the following conditions are met: (a) there are any funds budgeted in the contractual, equipment or construction lines of the award; or (b) $3,000 or more is included for supplies; or (c) there are funds budgeted for subawards or loans in which the expected budget(s) meet the conditions as described in items (a) and (b). If this award meets one or more of the conditions as described above, the recipient agrees to complete a “MBE/WBE Utilization under Federal Grants, Cooperative Agreements and Interagency Agreements” report (EPA Form 5700-52A) on an annual basis and submit it electronically to grantsregion9@epa.gov. The annual report is due by October 30 th of each year. The final report is due within 90 days after the end of the project period or by October 30 th, whichever comes first. 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 are instructed to check the box indicated for the “last report” of the project in Section 1B of the form. 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. 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 OMB Circular A-87. 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 OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. 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 the 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 FY 14. b. In accordance with 40 CFR 31.40, the recipient agrees to inform EPA as soon as problems, delays or adverse conditions become known which will materially impair the ability to meet the outputs/outcomes specified in the assistance agreement work plan. Since this grant is solely for the purpose of monitoring, quarterly reporting is required in the form of data entered into EPA's national Air Quality System (AQS) database 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, 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