A-00905214-0.PDF

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GRANT NUMBER (FAIN): 00905214
U.S. ENVIRONMENTAL MODIFICATION NUMBER: 0 DATE OF AWARD
PROGRAM CODE: A 03/25/2014
PROTECTION AGENCY TYPE OF ACTION MAILING DATE
New 04/01/2014
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, AIR-8 Grants Management Office, MTS-7
Phoenix, AZ 85004 San Francisco, CA 94105 E-Mail: Armour.Elizabeth@epa.gov
E-Mail: WilliamWiley@mail.maricopa.gov E-Mail: clancy.maeve@epa.gov Phone: 415-947-4264
Phone: 602-506-6701 Phone: 415-947-4105
PROJECT TITLE AND DESCRIPTION
FY14 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 partial federal funding in the amount of $913,806. See Terms and Conditions. This award also includes $50,000 to
conduct a winter PM 2.5 study.
BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST
10/01/2013 - 09/30/2014 10/01/2013 - 09/30/2014 $9,801,157.00 $9,801,157.00
NOTICE OF AWARD
Based on your Application dated 07/22/2013 including all modifications and amendments, the United States acting by and through the US Environmental
Protection Agency (EPA) hereby awards $913,806. EPA agrees to cost-share % of all approved budget period costs incurred, up to and not exceeding total
federal funding of $913,806. 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 Denise Zvanovec - Grants Management Officer DATE
03/25/2014

EPA Funding Information A - 00905214 - 0 Page 2
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ $ 913,806 $ 913,806
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 $ 9,596,507 $ 9,596,507
Assistance Program (CFDA) Statutory Authority Regulatory Authority
66.001 - Air Pollution Control Program Support Clean Air Act: Sec. 105 40 CFR PTS 31 & 35 SUBPT A
Fiscal
Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation /
Code Organization Class Organization Deobligation
- 1409M4S012 14 E1 09M1 102A04 4112 - - 913,806
913,806


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Budget Summary Page
Table A - Object Class Category Total Approved Allowable
(Non-construction) Budget Period Cost
1. Personnel $4,920,521
2. Fringe Benefits $1,771,388
3. Travel $9,198
4. Equipment $397,540
5. Supplies $164,031
6. Contractual $700,327
7. Construction $0
8. Other $104,696
9. Total Direct Charges $8,067,701
10. Indirect Costs: % Base See Term and Condition $1,733,456
11. Total (Share: Recipient % Federal %.) $9,801,157
12. Total Approved Assistance Amount $913,806
13. Program Income $0
14. Total EPA Amount Awarded This Action $913,806
15. Total EPA Amount Awarded To Date $913,806
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 $9,801,157. $
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 $

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Administrative Conditions
1. Federal Financial Report (SF 425)
The final Federal Financial Report (FFR) covering the entire project period shall be submitted within 90
days after the end of the project period according to 40 CFR Part 31.23(b) and 31.41(b). The LVFC will
make adjustments, as necessary, to obligated funds after reviewing and accepting a final Federal
Financial Report. Recipients will be notified and instructed by EPA if they must complete any additional
forms for the closeout of the assistance agreement.
For awards with cumulative project and budget periods greater than 12 months, an interim FFR 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.
The recipient shall identify non-federal, non-recurrent expenditures on a separate page attached to the
FFR and submit it to the Grants Management Office, MTS-7. The recipient also agrees to include a
statement certifying that supplanting did not occur.
2. Single Audit Act
In accordance with OMB Circular A-133, which implements the Single Audit Act, the recipient hereby
agrees to obtain a single audit from an independent auditor, if it expends $500,000 or more in total
Federal funds in any fiscal year. Within nine months after the end of a recipient’s fiscal year or 30 days
after receiving the report from the auditor, the recipient shall submit the SF-SAC and a Single Audit Report
Package. The recipient MUST submit the SF-SAC and a Single Audit Report Package using the Federal
Audit Clearinghouse’s Internet Data Entry System. For complete information on how to accomplish the
single audit submissions, you will need to visit the Federal Audit Clearinghouse Web site:
http://harvester.census.gov/fac/.
3. Central Contractor Registration/System for Award Management and Universal Identifier
Requirements.
A. Requirement for Central Contractor Registration (CCR)/System for Award Management (SAM).
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain
the currency of your information in the SAM until you submit the final financial report required under this
award or receive the final payment, whichever is later. This requires that you review and update the
information at least annually after the initial registration, and more frequently if required by changes in your
information or another award term.
B. Requirement for Data Universal Numbering System (DUNS) numbers. If you are authorized to make
subawards under this award, you:
1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award
term) may receive a subaward from you unless the entity has provided its DUNS number to
you.
2. May not make a subaward to an entity unless the entity has provided its DUNS number to
you.
C. Definitions. For purposes of this award term:
1. Central Contractor Registration (CCR)/System for Award Management (SAM) means the
Federal repository into which an entity must provide information required for the conduct of

business as a recipient. Additional information about registration procedures may be found at
the System for Award Management (SAM) Internet site http://www.sam.gov.
2. Data Universal Numbering System (DUNS) number means the nine-digit number established
and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A
DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the
Internet (currently at http://fedgov.dnb.com/webform).
3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25,
subpart C:
a. A Governmental organization, which is a State, local government, or Indian tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for-profit organization; and
e. A Federal agency, but only as a subrecipient under an award or subaward to a
non-Federal entity.
4. Subaward:
a. This term means a legal instrument to provide support for the performance of any
portion of the substantive project or program for which you received this award and
that you as the recipient award to an eligible subrecipient.
b. The term does not include your procurement of property and services needed to carry
out the project or program (for further explanation, see Sec. --.210 of the attachment
to OMB Circular A-133, “Audits of States, Local Governments, and Non-Profit
Organizations”).
c. A subaward may be provided through any legal agreement, including an agreement
that you consider a contract.
5. Subrecipient means an entity that:
a. Receives a subaward from you under this award; and
b. Is accountable to you for the use of the Federal funds provided by the subaward.
4. Reporting Subawards and Executive Compensation
a. Reporting of first-tier subawards.
1.Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must
report each action that obligates $25,000 or more in Federal funds that does not include Recovery
funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009,
Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e of this award term).
2. Where and when to report.
i. You must report each obligating action described in paragraph a.1. of this award term to
www.fsrs.gov.
ii. For subaward information, report no later than the end of the month following the month in
which the obligation was made. (For example, if the obligation was made on November 7,
2010, the obligation must be reported by no later than December 31, 2010.)
3. What to report. You must report the information about each obligating action that the
submission instructions posted at www.fsrs.gov specify.
b. Reporting Total Compensation of Recipient Executives.
1. Applicability and what to report. You must report total compensation for each of your five most
highly compensated executives for the preceding completed fiscal year, if –
i. The total Federal funding authorized to date under this award is $25,000 or more;
ii. In the preceding fiscal year, you received—
(A) 80 percent or more of your annual gross revenues from Federal procurement contracts
(and subcontracts) and Federal financial assistance subject to the Transparency Act, as
defined at 2 CFR 170.320 (and subawards); and

(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and
subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at
2 CFR 170.320 (and subawards); and
iii. The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation information, see the U.S. Security and
Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report executive total compensation described in
paragraph b.1. of this award term:
i. As part of your Central Contractor Registration/System for Award Management profile
available at www.sam.gov.
ii. By the end of the month following the month in which this award is made, and annually
thereafter.
c. Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this
award term, for each first-tier subrecipient under this award, you shall report the names and total
compensation of each of the subrecipient’s five most highly compensated executives for the
subrecipient’s preceding completed fiscal year, if –
i. in the subrecipient's preceding fiscal year, the subrecipient received—
(A) 80 percent or more of its annual gross revenues from Federal procurement contracts
(and subcontracts) and Federal financial assistance subject to the Transparency Act, as
defined at 2 CFR 170.320 (and subawards); and
B) $25,000,000 or more in annual gross revenues from Federal procurement contracts
(and subcontracts), and Federal financial assistance subject to the Transparency Act (and
subawards); and
ii. The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation information, see the U.S. Security and
Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report subrecipient executive total compensation
described in paragraph c.1. of this award term:
i. To the recipient.
ii. By the end of the month following the month during which you make the subaward. For
example, if a subaward is obligated on any date during the month of October of a given year
(i.e., between October 1 and 31), you must report any required compensation information of
the subrecipient by November 30 of that year.
d. Exemptions. If, in the previous tax year, you had gross income, from all sources, under
$300,000, you are exempt from the requirements to report:
i. subawards, and
ii. the total compensation of the five most highly compensated executives of any
subrecipient.
e. Definitions. For purposes of this award term:
1. Entity means all of the following, as defined in 2 CFR part 25:
i. A Governmental organization, which is a State, local government, or Indian tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization;
iv. A domestic or foreign for-profit organization;
v. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal
entity.

2. Executive means officers, managing partners, or any other employees in management
positions.
3. Subaward:
i. This term means a legal instrument to provide support for the performance of any portion of
the substantive project or program for which you received this award and that you as the
recipient award to an eligible subrecipient.
ii. The term does not include your procurement of property and services needed to carry out
the project or program (for further explanation, see Sec. --.210 of the attachment to OMB
Circular A-133, “Audits of States, Local Governments, and Non-Profit Organizations”).
iii. A subaward may be provided through any legal agreement, including an agreement that
you or a subrecipient considers a contract.
4. Subrecipient means an entity that:
i. Receives a subaward from you (the recipient) under this award; and
ii. Is accountable to you for the use of the Federal funds provided by the subaward.
5. Total compensation means the cash and noncash dollar value earned by the executive during
the recipient’s or subrecipient’s preceding fiscal year and includes the following (for more
information see 17 CFR 229.402(c)(2)):
i. Salary and bonus .
ii. Awards of stock, stock options, and stock appreciation rights . Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004)
(FAS 123R), Shared Based Payments.
iii. Earnings for services under non-equity incentive plans . This does not include group life,
health, hospitalization or medical reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried employees.
iv. Change in pension value. This is the change in present value of defined benefit and
actuarial pension plans.
v. Above-market earnings on deferred compensation which is not tax-qualified .
vi. Other compensation, if the aggregate value of all such other compensation (e.g.
severance, termination payments, value of life insurance paid on behalf of the employee,
perquisites or property) for the executive exceeds $10,000.
5. Trafficking in Persons
a. Provisions applicable to a recipient that is a private entity
1. You as the recipient, your employees, subrecipients under this award, and subrecipients’
employees may not—
i. Engage in severe forms of trafficking in persons during the period of time that the award is
in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if
you or a subrecipient that is a private entity —
i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate the
award to have violated a prohibition in paragraph a.1 of this award term through conduct that
is either—
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for imputing
the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB
Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement),’’ as implemented by our Agency at 2 CFR 1532.
b. Provision applicable to a recipient other than a private entity . We as the Federal awarding agency
may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity—
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or
2. Has an employee who is determined by the agency official authorized to terminate the award to

have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is
either—
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the conduct
of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to
Agencies on Governmentwide Debarment and Suspension (Nonprocurement),’’ as
implemented by our agency at 2 CFR 1532
c. Provisions applicable to any recipient .
1. You must inform us immediately of any information you receive from any source alleging a
violation of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as
amended (22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us under this
award.
3. You must include the requirements of paragraph a.1 of this award term in any subaward you
make to a private entity.
d. Definitions . For purposes of this award term:
1. ‘‘Employee’’ means either:
i. An individual employed by you or a subrecipient who is engaged in the performance of the
project or program under
this award; or
ii. Another person engaged in the performance of the project or program under this award and
not compensated by you including, but not limited to, a volunteer or individual whose services
are contributed by a third party as an in-kind contribution toward cost sharing or matching
requirements.
2. ‘‘Forced labor’’ means labor obtained by any of the following methods: the recruitment,
harboring, transportation, provision, or obtaining of a person for labor or services, through the use
of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt
bondage, or slavery.
3. ‘‘Private entity’’:
i. Means any entity other than a State, local government, Indian tribe, or foreign public entity,
as those terms are defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or
tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b).
B. A for-profit organization.
4. ‘‘Severe forms of trafficking in persons,’’ ‘‘commercial sex act,’’ and ‘‘coercion’’ have the
meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
6. Recycled Paper
In accordance with Executive Order 13423 (Strengthening Federal Environmental, Energy and
Transportation Management dated January 24, 2007), EPA Order 1000.25 and 40 CFR Part 30.16 (as
applicable), the recipient shall use recycled paper and double sided printing for all reports which are
prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports
prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are
available through the General Services Administration. The recipient shall give preference in its
procurement programs funded with Federal funds to the purchase of recycled products pursuant to EPA's
guidelines, as applicable.
Any State agency or agency of a political subdivision of a State shall also comply with the requirements
set forth in the Resource Conservation and Recovery Act (RCRA), Section 6002 (42 U.S.C. 6962), which
requires that preference be given in procurement programs to the purchase of specific products
containing recycled materials identified in guidelines developed by EPA under 40 CFR Part 247.
Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase
price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal

year was $10,000 or more.
7. Hotel and Motel Fire Safety
The recipient agrees to ensure that all conference, meeting, convention, or training funded in whole or in
part with Federal funds complies with the protection and control guidelines of the Hotel and Motel Fire
Safety Act (PL 101-391, as amended). Recipients may search the Hotel-Motel National Master List at
http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance (FEMA ID is currently not
required), or to find other information about the Act. (Refer to 40 CFR Part 30.18 and 15 U.S.C. 2225a, as
applicable.)
8. Drug-Free Workplace
The recipient organization of this EPA assistance agreement must make an ongoing, good faith effort to
maintain a drug-free workplace pursuant to the specific requirements set forth in Title 2 CFR Part 1536
Subpart B. Additionally, in accordance with these regulations, the recipient organization must identify all
known workplaces under its federal awards, and keep this information on file during the performance of
the award. Those recipients who are individuals must comply with the drug-free provisions set forth in
Title 2 CFR Part 1536 Subpart C.
The consequences for violating this condition are detailed under Title 2 CFR Part 1536 Subpart E.
Recipients can access the Code of Federal Regulations (CFR) Title 2 Part 1536 at
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=701081165f70316effa8ebf67df73de0&rgn=div5&vi
ew=text&node=2:1.2.11.11.2&idno=2.
9. Debarment, Suspension and Other Responsibility Matters
The recipient shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled
“Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons).” The
recipient is responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2
CFR Part 180 and 2 CFR Part 1532, entitled “Covered Transactions,” includes a term or condition
requiring compliance with Subpart C. The recipient is responsible for further requiring the inclusion of a
similar term or condition in any subsequent lower tier covered transactions. The recipient acknowledges
that failing to disclose the information as required at 2 CFR 180.335 may result in the delay or negation of
this assistance agreement, or pursuance of legal remedies, including suspension and debarment.
Recipients may access suspension and debarment information at http://www.sam.gov. This system
allows recipients to perform searches determining whether an entity or individual is excluded from
receiving Federal assistance. This term and condition supersedes EPA Form 5700-49, “Certification
Regarding Debarment, Suspension, and Other Responsibility Matters.”
10. Reimbursement Limitation
EPA's financial obligations to the recipient are limited by the amount of federal funding awarded to date as
shown on line 15 in its EPA approved budget. If the recipient incurs costs in anticipation of receiving
additional funds from EPA, it does so at its own risk.
11. Management Fees
Management fees or similar charges in excess of the direct costs and approved indirect rates are not
allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in
order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other
similar costs which are not allowable under this assistance agreement. Management fees or similar
charges may not be used to improve or expand the project funded under this agreement, except to the

extent authorized as a direct cost of carrying out the scope of work.
12. Lobbying and Litigation Prohibition
The recipient shall ensure that no grant funds awarded under this assistance agreement are used to
engage in lobbying of the Federal Government or in litigation against the United States unless authorized
under existing law. The recipient shall abide by 2 CFR 225 (OMB Circular A-87), which prohibits the use
of federal grant funds for litigation against the United States or for lobbying or other political activities.
The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying . The recipient
shall include the language of this provision in award documents for all subawards exceeding $100,000,
and require that subrecipients submit certification and disclosure forms accordingly. In accordance with
the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 CFR
Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such expenditure.
13. Utilization of Disadvantaged Business Enterprises
The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority
and Women's Business Enterprises in procurement under assistance agreements as set forth in 40 CFR
Part 33. The EPA DBE rule can be accessed at http://www.epa.gov/osbp. In addition, the recipient
agrees to make good faith efforts whenever procuring construction, equipment, services and supplies
under an EPA assistance agreement, and to ensure that sub-recipients, loan recipients, and prime
contractors also comply with 40 CFR Section 33.301. Records documenting compliance with the six good
faith efforts shall be retained.
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 15% 7%
Equipment 14% 20%
Services 15% 32%
Supplies 15% 31%
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.
Pursuant to 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 Joe Ochab, MTS-7, the Regional MBE/WBE Coordinator, within 120 days of acceptance of the
financial assistance award. EPA will respond to the proposed fair share objectives/goals within 30 days of
receiving the submission. If proposed fair share objectives/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
objectives/goals are submitted.

A recipient of a Continuing Environmental Program Grant or other annual grant agrees to create and
maintain a bidders list. A recipient of an EPA financial assistance agreement to capitalize a revolving loan
fund also agrees 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. Refer to 40
CFR Section 33.501 (b) and (c) for specific requirements and exemptions.
14. MBE/WBE Utilization Report
The recipient agrees to complete and submit to GrantsRegion9@epa.gov a MBE/WBE Utilization Report
(EPA Form 5700-52A) within 30 days after the end of the Federal fiscal year; i.e., by October 30 of each
calendar year. Negative reports are required. Only procurements with certified MBE/WBEs are counted
towards a recipient's MBE/WBE accomplishments. A final MBE/WBE report must be submitted within 90
days after the end of the project period. Your grant cannot be officially closed without all MBE/WBE
reports. EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home
Page on the internet at www.epa.gov/osbp.
15. Indirect Costs
The cost principles of 2 CFR Part 225 (OMB Circular A-87), “Cost Principles for State, Local, and Indian
Tribal Governments,” applies to this agreement.
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 OMB Circular A-87, “Cost
Principles for State, Local, and Indian Tribal Governments.” 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.
Pursuant to 40 CFR 31.26, recipient agrees to comply with the audit requirements prescribed in the Single
Audit Act Amendments, and revised OMB Circular A-133, “Audits of States, Local Governments, and
Non-Profit Organizations,” including Subpart C Section 305(b) which addresses the restriction on auditors
preparing indirect cost proposals.
16. Civil Rights Obligations
GENERAL
This term and condition incorporates by reference the signed assurance provided by the recipient’s
authorized representative on: 1) EPA Form 4700-4, “Preaward Compliance Review Report for All
Applicants and Recipients Requesting EPA Financial Assistance”; and 2) Standard Form 424B or
Standard Form 424D, as applicable. These assurances and this term and condition obligate the recipient
to comply fully with applicable civil rights statutes and implementing EPA regulations.
STATUTORY REQUIREMENTS
In carrying out this agreement, the recipient must comply with:
· Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and
national origin, including limited English proficiency (LEP), by entities receiving Federal financial
assistance.
· Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with
disabilities by entities receiving Federal financial assistance; and
· The Age Discrimination Act of 1975, which prohibits age discrimination by entities receiving Federal
financial assistance.
If the recipient is conducting an education program under this agreement, it must also comply with:
· Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in
education programs and activities operated by entities receiving Federal financial assistance.
If this agreement is funded with financial assistance under the Clean Water Act (CWA), the recipient must
also comply with:
· Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits
discrimination on the basis of sex in CWA-funded programs or activities.
REGULATORY REQUIREMENTS
The recipient agrees to comply with all applicable EPA civil rights regulations, including:
· For Title IX obligations, 40 C.F.R. Part 5; and
· For Title VI, Section 504, Age Discrimination Act, and Section 13 obligations, 40 C.F.R. Part 7.
· As noted on the EPA Form 4700-4 signed by the recipient’s authorized representative, these
regulations establish specific requirements including maintaining compliance information, establishing
grievance procedures, designating a Civil Rights Coordinator, and providing notices of
non-discrimination.
TITLE VI – LEP, Public Participation and Affirmative Compliance Obligation

· As a recipient of EPA financial assistance, you are required by Title VI of the Civil Rights Act to
provide meaningful access to LEP individuals. In implementing that requirement, the recipient agrees
to use as a guide the Office of Civil Rights (OCR) document entitled "Guidance to Environmental
Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against National
Origin Discrimination Affecting Limited English Proficient Persons." The guidance can be found at
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2004_register&docid=fr25jn04-79.pd
· If the recipient is administering permitting programs under this agreement, the recipient agrees to use
as a guide OCR’s Title VI Public Involvement Guidance for EPA Assistance Recipients Administering
Environmental Permitting Programs. The Guidance can be found at
http://edocket.access.gpo.gov/2006/pdf/06-2691.pdf.
· In accepting this assistance agreement, the recipient acknowledges it has an affirmative obligation to
implement effective Title VI compliance programs and ensure that its actions do not involve
discriminatory treatment and do not have discriminatory effects even when facially neutral. The
recipient must be prepared to demonstrate to EPA that such compliance programs exist and are being
implemented or to otherwise demonstrate how it is meeting its Title VI obligations.
17. Payment to Consultants
Per 40 CFR Part 31.36(j), EPA's participation in the salary rate (excluding overhead and travel) paid to
individual consultants retained by recipients or by a recipient's contractors or subcontractors shall be
limited to the maximum daily rate for a Level IV of the Executive Schedule, to be adjusted annually. The
Federal Executive Schedule (i.e., Salary Table) is located at: http://www.opm.gov/oca/
This limit applies to consultation services of designated individuals with specialized skills and if the terms
of the contract provide the recipient with responsibility for the selection, direction, and control of the
individuals who will be providing services under the contract at an hourly or daily rate of compensation.
This rate does not include overhead or travel costs and the recipient may pay these in accordance with its
normal travel practices.
Subagreements with firms or individuals for services which are awarded using the procurement
requirements in 40 CFR Part 31, are not affected by this limitation unless the terms of the contract provide
the recipient with responsibility for the selection, direction, and control of the individuals who will be
providing services under the contract at an hourly or daily rate of compensation. See 40 CFR Part
31.36(j)(2).
18. 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.
Programmatic Conditions
P1. This award represents PARTIAL funding in the amount of $913,806 for Fiscal Year
2014 (FY-14). Full funding of this assistance agreement at the estimated FY-14 amount
is not guaranteed and is subject to the availability of funds. IN the event that additional
funding is not received, the recipient's final performance (progress) report submitted in
accordance with 40 CFR 31.40 or 30.51 shall also address which workplan tasks were
not accomplished as a result of the reduction in EPA funding.
P2. 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 2014.
P3. 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 2nd Federal fiscal quarter (April 30) and the 4th 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 cost overruns or high unit costs.
P4. EPA may terminate the assistance agreement for failure to make sufficient
progress so as to reasonably ensure completion of the project within the project period,
including any extensions. EPA will measure sufficient progress by examining the
performance required under the workplan in conjunction with the milestone schedule,
the time remaining for performance within the project period, and/or the availability of
funds necessary to complete the project.
P5. 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.
P6. Unless the event(s) and all of its components (i.e., receptions, banquets and other
activities that take place after normal business hours) are described in the approved
workplan, the recipient agrees to obtain prior approval from EPA for the use of grant
funds for light refreshments and/or meals served at meetings, conferences, training
workshops, and outreach activities (events). The recipient must send requests for
approval to the EPA Project Officer and include: (1) An estimated budget and
description for the light refreshments, meals, and/or beverages to be served at the
event(s); (2) A description of the purpose, agenda, location, length and timing for the
event; and (3) An estimated number of participants in the event and a description of
their roles.
Recipients may address questions about whether costs for light refreshments and/or
meals for events are allowable to the recipient's EPA Project Officer. However, the
Agency Award Official or Grant Management Officer will make final determinations on
allowability. Agency policy prohibits the use of EPA funds for receptions, banquets and
similar activities that take place after normal business hours unless the recipient has

provided a justification that has been expressly approved by EPA's Award Official or
Grants Management Officer.
Note: U.S. General Services Administration regulations define light refreshments for
morning, afternoon or evening breaks to include, but not be limited to, coffee, tea, milk,
juice, soft drinks, donuts, bagels, fruit, pretzels, cookies, chips, or muffins. (41 CFR
301-74.11)
END OF DOCUMENT