MCAQD-ADEQ_MONITORING_AGREEMENT_EV26-0137_AGO_SIGNATURE.PDF

INTERGOVERNMENTAL AGREEMENT
NO. EV26-0137
between the
MARICOPA COUNTY
and the
ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY
WHEREAS, Arizona Revised Statutes (A.R.S.) § 11-952 authorizes a “public agency” as defined
in A.R.S. § 11-951 to enter into an Intergovernmental Agreement.
WHEREAS, the Arizona Department of Environmental Quality (“ADEQ”) is a “public agency”
as defined in A.R.S. § 11-951 and is authorized to execute and administer contracts pursuant to
A.R.S. § 49-104(B).
WHEREAS, Maricopa County is a “public agency” as defined in A.R.S. § 11-951 and is authorized
to execute and administer contracts pursuant to A.R.S. § 11-201(3).
WHEREAS, the contracting parties jointly hold power for ambient air quality monitoring. ADEQ
holds legal authority for ambient air quality monitoring methods and procedures under A.R.S. §
49-422 and A.A.C. R18-2-215. Maricopa County holds legal authority for ambient air quality
monitoring methods and procedures under A.R.S. §§ 49-473 and 49-476.01.
THEREFORE, ADEQ and Maricopa County agree to the terms contained in this
Intergovernmental Agreement (“Agreement”).
I. PURPOSE AND SCOPE OF AGREEMENT
The purpose of this Agreement is to outline and define monitoring responsibilities within
Maricopa County in Arizona to ensure the minimum network monitoring requirements set
forth by the Environmental Protection Agency (EPA) in Maricopa County are met pursuant
to 40 CFR Part 58. Specifically, 40 CFR Part 58, Appendix D, Section (2)(e) states that
“[f]ull monitoring requirements apply separately to each affected State or local agency in
the absence of an agreement between the affected agencies and the EPA Regional
Administrator.” This Agreement fulfills this CFR requirement and clarifies the monitoring
requirements and their applicability to Maricopa County and ADEQ.
This written Agreement includes all terms in this document and any modifications
approved in accordance herewith.
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II. TERM OF AGREEMENT, MODIFICATION, TERMINATION AND
INTEGRATION
A. This Agreement shall be effective upon the date of the last signature and shall
terminate on June 30, 2031, contingent upon funding.
B. The Agreement may be modified or renegotiated for additional periods upon mutual
written agreement of ADEQ and Maricopa County, by formal contract amendment
executed with the same formalities as this Agreement.
C. Either party may terminate this Agreement at any earlier time by providing written
notice to the other party at least thirty (30) days prior to the termination date. The
notice shall specify the effective date of termination.
D. This Agreement constitutes the entire Agreement between the parties and
supersedes all other prior understandings, whether oral or written.
III. DESCRIPTION OF SERVICES
A. ADEQ shall be the responsible agency for:
1. Activities related to air monitoring at the JLG Supersite in Phoenix, AZ;
2. Activities related to operating the air toxics sampler at the South Phoenix
monitoring site as part of the Urban Air Toxics Monitoring Program
(UATMP) in Phoenix, AZ;
3. Ensuring compliance with the National Core Multipollutant Monitoring
Stations (NCore) and Photochemical Assessment Monitoring Stations
(PAMS) requirements as found in 40 CFR Part 58 Appendix D, Sections 3
and 5 for the Phoenix-Mesa-Scottsdale MSA;
4. Ensuring compliance with PM2.5 Background and Transport Sites as
required by 40 CFR Part 58 Appendix D, Section 4.7.3; and
5. Ensuring compliance with Chemical Speciation Site (CSN) requirements
found in 40 CFR Part 58 Appendix D, Section 4.7.4.
B. Maricopa County shall be the responsible agency for:
1. Ensuring that regulatory air monitoring requirements for pollutant-specific
State or Local Air Monitoring Station (SLAMS) sites are met within
Maricopa County as found in 40 CFR Part 58 Appendix D, Section 4; and
2. Ensuring that near-road measurement requirements for pollutant-specific
State or Local Air Monitoring Station (SLAMS) sites are met within
Maricopa County as found in 40 CFR Part 58 Appendix E, Section 3.
IV. REPORTING REQUIREMENTS
Maricopa County and ADEQ are individually responsible for ensuring that EPA data
reporting requirements are met for their respective monitoring sites’ data, including Quality
Assurance Project Plans, Annual Network Plans, and any data quality assurance and
certification requirements.
V. APPLICABLE LAW
A. This Contract shall be governed by and construed in accordance with Arizona
Revised Statutes Title 49 and other laws and regulations of the State of Arizona as
applicable, including the Arizona Procurement Code at A.R.S. § 41-2501 et. seq.
and administrative rules and regulations A.A.C. R2-7-101 et. seq.
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B. In the event of any judicial proceeding related to this Agreement or any
unauthorized Subcontract the parties agree that venue shall be proper in Maricopa
County, Arizona. See A.R.S. §§ 12-123 and 12-401(17).
C. The parties to this Contract agree to resolve all disputes arising out of or relating to
this contract through arbitration, after exhausting applicable administrative review,
to the extent required by A.R.S. § 12-1518, except as may be required by other
applicable statutes (Title 41).
VI. NON-AVAILABILITY OF FUNDS
In accordance with A.R.S. § 35-154, every payment obligation of ADEQ under the
Agreement is conditioned upon the availability of funds appropriated or allocated for
payment of such obligation. If funds are not allocated and available for the continuance of
this Agreement, this Agreement may be terminated by ADEQ at the end of the period for
which funds are available. No liability shall accrue to ADEQ in the event this provision is
exercised, and ADEQ shall not be obligated or liable for any future payments or for any
damages as a result of termination under this paragraph.
VII. AUDIT
In accordance with A.R.S. § 35-214, Maricopa County shall retain and shall contractually
require each contractor and subcontractor to retain all data, books and other records
(“records”) relating to this Agreement for a period of five years after completion of the
Agreement. Upon request, Maricopa County shall produce the original of any or all such
records.
VIII. CONFLICT OF INTEREST
In accordance with A.R.S. § 38-511, ADEQ may within three years after execution cancel
the Agreement, without penalty or further obligation, if any person significantly involved
in initiating, negotiating, securing, drafting or creating the Agreement on behalf of ADEQ,
at any time while the Agreement is in effect, becomes an employee or agent or any other
party to the Agreement in any capacity or a consultant to any other party of the Agreement
with respect to the matter of the Agreement.
IX. NONDISCRIMINATION
All Parties shall comply with all existing federal, state, and local laws, rules, policies, or
executive orders, including the Americans with Disabilities Act and State of Arizona
Executive Order 2023-1, to prohibit discrimination based on race, color, sex, pregnancy,
childbirth or medical conditions related to pregnancy or childbirth, political or religious
affiliation or ideas, culture, creed, social origin or condition, genetic information, sexual
orientation, gender identity or expression, national origin, ancestry, age, disability, military
service or veteran status, or marital status by the persons performing the contract or
subcontract.
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X. NOTICES
A. Maricopa County shall address all other notices relative to this Agreement to
ADEQ:
Brad Busby
Air Monitoring & Assessment Manager
Arizona Department of Environmental Quality
1110 West Washington Street
Phoenix, AZ 85007
Email: busby.bradley@azdeq.gov; and
procurement@azdeq.gov
B. ADEQ shall address all other notices relative to this Agreement to Maricopa
County:
Philip McNeely
Director
301 W. Jefferson St., Suite 410
Phoenix, AZ 85003
Email: Philip.McNeely@Maricopa.gov
Eric Poole Jr.
Air Monitoring Division Manager
401 W. Jefferson St.
Phoenix, AZ 85003
Email: Eric.Poole@Maricopa.gov
XI. INDEMNIFICATION
Each party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other
party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or
expenses (including reasonable attorney's fees) (hereinafter collectively referred to as
"Claims") arising out of bodily injury of any person (including death) or property damage,
but only to the extent that such Claims which result in vicarious/derivative liability to the
Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the
Indemnitor, its officers, officials, agents, employees, or volunteers. The State of Arizona,
(State Agency) is self-insured per A.R.S. 41-621.
In addition, should either Party utilize a contractor(s) and subcontractor(s), the
indemnification clause between that Party and its contractor(s) and subcontractor(s) shall
include the following:
To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold
harmless Maricopa County, ADEQ and the State of Arizona, and any jurisdiction or agency
issuing any permits for any work arising out of this Agreement, and its departments,
agencies, boards, commissions, universities, officers, officials, agents, and employees
(hereinafter referred to as “Indemnitee”) from and against any and all claims, actions,
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