SUBRECIPIENT AGREEMENT BETWEEN MARICOPA COUNTY AND AWT.PDF
Extracted text (via pymupdf)
17989 characters
Page 1 of 7 SUBRECIPIENT AGREEMENT MARICOPA COUNTY & ALLIED WASTE TRANSPORTATION, INC. Agreement Title: State Clean Diesel Grant Program Sub Award Page 1 of 7 CFDA: 66.040 State Clean Diesel Grant Program (B) Federal Award ID (FAIN): 98T86201-0 EPA Award Date: November 30, 2023 Effective Date: Upon Final Signature Termination Date: September 30, 2027 COUNTY SUBRECIPIENT Maricopa County Allied Waste Transportation, Inc. 301 W. Jefferson St. Suite 410 5353 East City North Drive Phoenix, AZ 85012 Phoenix, AZ 85054 Name: Philip A. McNeely Name: Monty Worthington Title: Air Quality Department Director Title: Sr. Analyst Electric Vehicle Grants and Funding Phone: 602.506.6701 Phone (480) 392-9320 Unique Entity Identifier (UEI) Name: Allied Waste Transportation, Inc. Unique Entity Identifier (UEI) No.: FVE7S1FJNQ38 AZ Congressional District: 1 THIS AGREEMENT is between MARICOPA COUNTY [hereinafter referred to as “Maricopa County” or ‘the County”] and Allied Waste Transportation, Inc. (AWT). The purpose of this Agreement is to administer the funding provided by the Environmental Protection Agency (EPA) through Maricopa County to the subrecipient AWT for the State Clean Diesel Grant Program Funding provided through the Diesel Emissions Reduction Act (DERA). The Board of Supervisors is acting under the authority of A.R.S. §§ 11-201 AND 49-401 to enter into this agreement. PROGRAM REQUIREMENTS AWT Will Assume the Following Responsibilities: • Follow all program requirements as detailed in the FY2023-2024 DERA State Grants Program Guide as published by the EPA - Office of Transportation and Air Quality, August 2024. • Determine and verify eligibility of retrofit components and/or vehicles for DERA. • Adhere to the project work plan noted in Attachment 1 below, as approved by the EPA and the MCAQD. • Per its written procurement policy, obtain and review bids to purchase DERA-eligible qualified replacement vehicles while adhering to Federal program requirements. • Follow all Federal grant requirements including 2 CFR §200.318 General Procurement Standards through §200.333. • Establish and follow written policies required by the 2 CFR §200, including, but not limited to: • Suspension and Debarment (per 2 CFR §200.214) • Financial Management (per 2 CFR §200.302) • Allowability of Costs (per 2 CFR §§200.302(b)(7) and Subpart E-Cost Principles) • Internal Controls (per 2 CFR §200.303) • Conflict of Interest (per 2 CFR §§200.318(c) (1-2) • General Procurement Standards (per 2 CFR §§200.318 through 200.326) • Upon agreement effective date, order, receive and document replacement vehicles. • Submit quarterly reports and vehicle data as requested by the County. Docusign Envelope ID: F824C810-848D-4826-B2D4-3EFC6CEFA737 Page 2 of 7 • Invoice Maricopa County for program costs associated with implementing the DERA per program reimbursement and support documentation requirements. • Submit evidence of appropriate disposal (digital photos including the engine tag showing the serial number, engine family number, and engine model year and of the destroyed engine block and cut frame rails or other structural components) as required by program guidelines. Submit photos of newly purchased replacement vehicles. • Provide monthly reports to Maricopa County on the purchasing of the new vehicles and any issues that arise. • Register as an entity on Sam.gov in order to receive federal grant funds. • Register as a vendor to Maricopa County in order to be reimbursed for purchases. • Complete all work defined in the project work plan by September 30, 2027. • Affix a County-provided DERA program sticker to all new program vehicles once received. The sticker must remain on the vehicle at all times. • Submit all final project data required to close out the grant including programmatic, financial, and environmental results including a final updated technical data worksheet. • The vehicle/equipment being replaced will be scrapped or rendered permanently disabled within 90 days of the replacement, or remanufactured to a certified cleaner current emission standard. Permanently disabling the chassis and disabling or remanufacturing the engine while retaining possession of the vehicle/equipment is an acceptable scrapping method. Disabling the chassis may be completed by cutting through the frame/frame rails on each side at a point located between the front and rear axles. Other acceptable scrappage methods may be considered and will require written approval from the Maricopa County Air Quality Department (MCAQD) DERA Grant Program Administrator. Vehicle/Equipment components that are not part of the engine or chassis may be salvaged from the unit being replaced. If scrapped or remanufactured vehicles/equipment or salvaged vehicle/equipment chassis or components are to be sold, this program income will need to be addressed in the submitted budget. County Responsibilities: • MCAQD will administer the DERA State Clean Diesel Grant Program under authorization from the State of Arizona and the EPA. AWT will limit administrative costs to the program by using existent funds and staff. Costs to the DERA fund will be limited to AWT administrative costs if approved in the application, and equipment reimbursable costs. • DERA will pay the current percentages for the specified technology written in the approved work plan, and AWT will be responsible for the cost share amount. DERA Eligible Activities DERA Funding Limits (DERA Funds + Voluntary Match) Minimum Mandatory Cost-Share (Fleet Owner Contribution) Exhaust Control Retrofit 100% 0% Engine Upgrade / Remanufacture 40% 60% Highway Idle Reduction 25% 75% Locomotive Idle Reduction 40% 60% Marine Shore Power 25% 75% Electrified Parking Space 30% 70% Engine Replacement– Diesel or Alternative Fuel 40% 60% Engine Replacement– Low NOx 50% 50% Docusign Envelope ID: F824C810-848D-4826-B2D4-3EFC6CEFA737 Page 3 of 7 DERA Eligible Activities DERA Funding Limits (DERA Funds + Voluntary Match) Minimum Mandatory Cost-Share (Fleet Owner Contribution) Engine Replacement– All-Electric 60% 40% Vehicle/Equipment Replacement– Diesel or Alternative Fuel 25% 75% Vehicle/Equipment Replacement – Low NOx 35% 65% Vehicle/Equipment Replacement – All-Electric 45% 55% Budget and Period of Performance Written approval by MCAQD is required prior to any changes to the sub award budget. Failure to obtain prior written authorization may result in suspension of the sub award or unallowable costs. Sub award monies are to be used only during the period of the agreement effective date through September 30, 2027. Any deviation from this schedule must have prior approval from MCAQD. A request for extension may be considered but will require prior approval by MCAQD and the EPA a minimum of sixty days before the scheduled end date of the award. Disbursements Payment of sub award monies is to be made once evidence of retrofit completion or new vehicle invoice and documentation of proper destruction of replaced vehicle is submitted to MCAQD. Use of subaward monies is subject to compliance with these conditions of the subaward and satisfactory project performance. MCAQD reserves the right to terminate any project that, in MCAQD’s sole discretion, is not satisfactorily pursuing and fulfilling stated project goals and objectives. MCAQD shall reimburse AWT for non-cancellable obligations properly incurred prior to termination notice. Maricopa County will review and pay program invoices submitted by AWT. Maricopa County will verify emissions reductions from the vehicles retrofitted or replaced. Maricopa County will collect data from the AWT and submit quarterly reports as required by the EPA. On January 28, 2028, the County shall prepare and submit a final report to the EPA that contains at least the following information: a. The number of vehicles retrofitted or replaced by model year. b. The quantity and nature of vehicle emissions reduced. c. The cost-effectiveness of the DERA in terms of dollars spent per ton of vehicle emission reductions. d. Any recommendations for improving the effectiveness of the DERA. e. The administrative costs of the DERA. GENERAL TERMS 1. Recitals: The purpose of this Agreement is to administer the DERA sub award, as explained under 42 U.S.C. 16133. 2. Definitions: The Parties agree to expeditiously initiate and complete the scope of work under this Agreement. The Parties warrant, represent and agree that they, their employees and representatives will comply with all applicable provisions provided herein. The following definitions shall apply to the terms used in this Agreement, except where the context necessarily requires otherwise. 2.1 “U.S.C.” means United States Code. 2.2 “Agreement” means this written document between AWT and the County. 2.3 “County” means MARICOPA COUNTY, which is acting on behalf of the State of Arizona. Docusign Envelope ID: F824C810-848D-4826-B2D4-3EFC6CEFA737 Page 4 of 7 2.4 "Parties" means Allied Waste Transportation, Inc. (AWT) and MARICOPA COUNTY. 3. Access to Information: Subject to statutory confidentiality requirements of the County and AWT, both parties to this Agreement shall have full, complete and equal access to data and information prepared under this Agreement on a no-charge basis. 4. Amendment: This Agreement may be modified only by written Amendment signed by the Director or designee, of AWT and the person duly authorized to act on behalf of the County. Amendments shall be executed with the same formalities as this Agreement. Executed copies of any Amendment shall be provided to both parties. 5. Amount of Agreement: A maximum amount of $403,920.99 will be funded under this Agreement and includes up to ten percent additional funds if approved by the County during the project to offset vehicle replacement cost increases. The indirect cost rate for this Agreement is $0. 6. Governing Law: 6.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona. Any disputes shall be filed in the state or federal court within Phoenix, Arizona. 6.2 Implied Consent Terms: Each provision of applicable law and any terms required by law to be in this Agreement are a part of this agreement as if fully stated in it. 7. Assignment: Neither Party may assign any rights hereunder without the express, written, prior consent of the other Party. 8. Audit of Records and Disallowances: AWT shall retain all data, books and other records (“records”) relating to this Agreement for a period of five years after completion of the Agreement, any litigation, claim, negotiation, audit, cost recovery, or action involving the records has been completed. All records shall be subject to inspection and audit by the State of Arizona, County, and EPA at reasonable times. If any amount is determined to be disallowed by a federal, State, or County audit, the County shall notify AWT in writing of such disallowance, and the County shall either adjust any future payment by the amount of the disallowance or require immediate repayment of the disallowed amount. Upon request, the AWT shall produce the original of all records. Examples of such records include: a. Subrecipient financial statements and reports b. Programmatic reports including information on environmental results c. Audit findings 9. Agreement Term: The initial term of this Agreement shall be from the date the final signatory signs the agreement and will be valid until September 30, 2027. 10. Effective Date: This Agreement shall become effective upon execution of the agreement by all parties. 11. Non-Availability of Funds: Every payment obligation of the County under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by either party at the end of the period for which funds are available. No liability shall accrue to either party in the event this provision is exercised, and the parties shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 12. Notices, Correspondence, Reports and Invoices: 12.1 All notices and correspondence from the County shall be sent to: Allied Waste Transportation, Inc.: Monty Worthington Sr. Analyst Electric Vehicle Grants and Funding Allied Waste Transportation, Inc. 5353 East City North Drive Phoenix, AZ 85054 (480) 392-9320 MWorthington@republicservices.com Docusign Envelope ID: F824C810-848D-4826-B2D4-3EFC6CEFA737 Page 5 of 7 12.2 All correspondence relating to the execution of the Agreement, clarification of this Agreement, and Agreement Amendments shall be sent to: For Allied Waste Transportation, Inc.: Monty Worthington Sr. Analyst Electric Vehicle Grants and Funding Allied Waste Transportation, Inc. 5353 East City North Drive Phoenix, AZ 85054 (480) 392-9320 MWorthington@republicservices.com For Maricopa County: Will Adrian Senior Planner Maricopa County Air Quality 301 W Jefferson St. Suite 410 Phoenix, AZ 85003 (602) 206-1941 William.Adrian@maricopa.gov 12.3. Either party to this Agreement may designate a new contact by filing a notice with the other party in accordance with these notice requirements. 13. Ownership of Information: Title to all documents, reports and data prepared in the course of this Agreement by AWT shall rest with the County. The County shall have full and complete rights to reproduce, duplicate, disclose, perform, and otherwise use all information prepared under this Agreement. 14. Reporting: Reporting pursuant to 42 U.S.C. 16133 shall be in accordance with the Scope of Work at the end of this Agreement. In addition, AWT will provide quarterly status reports. 15. Severability: The provisions of this Agreement are severable to the extent that any provision or application determined to be invalid shall not affect any other provision or application of the Agreement, which shall remain in effect without the invalid provision or application. 16. Termination: 16.1 AWT or the County may terminate this Agreement at any time, with or without cause, after giving 30 days written notice of termination to the other party, as appropriate. The notice shall specify the effective date of termination. 16.2 Notice is given that, pursuant to A.R.S. § 38-511, the County may cancel any contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the County is at any time, while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or consultant to any other party of the contract with respect to the subject matter of the contract. Additionally, pursuant to A.R.S. § 38-511, the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the County from any other party to the contract arising as the result of the contract. 16.3 In the event the Agreement is terminated, with or without cause, AWT shall deliver all finished or unfinished program documents, data, and reports prepared as a result of this Agreement to the County. 17. Indemnification: 17.1 AWT (as “Indemnitor”) agrees to defend, indemnify, and hold harmless the County (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") involving bodily injury of any person (including death) or property damage, arising out of or related to this Agreement, caused, in whole or in part, by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. Docusign Envelope ID: F824C810-848D-4826-B2D4-3EFC6CEFA737 Page 6 of 7 ATTACHMENT 1: APPROVED WORK PLAN FY23 Subaward #1b Vehicles Cost Per Vehicle EPA Allocation State Match Mandatory Cost Share Voluntary Cost Share Allied/Republic All electric 2005 Class 8 refuse hauler $816,002 $203,308.26 $163,892.64 $448,801.10 Subtotal 1 Vehicle $816,002 $203,308.26 $163,892.64 $448,801.10 APPROVED VEHICLE Vehicle Identification Number (VIN) Vehicle Make Engine Make Engine Model Year 1M2AG11C66M043091 Mack Mack 2005 Docusign Envelope ID: F824C810-848D-4826-B2D4-3EFC6CEFA737 Page 7 of 7 IN WITNESS WHEREOF, the parties have executed this “Agreement” as of the date set forth above; MARICOPA COUNTY: Kate Brophy McGee, Chair Maricopa County Board of Supervisors Date Attest by: Juanita Garza, Clerk of the Board Maricopa County Date ALLIED WASTE TRANSPORTATION, INC.: Sidiq Young, General Manager Allied Waste Transportation, Inc. (AWT) Date APPROVED AS TO FORM: In accordance with A.R.S. §§ 11-201, 11-251, 11-951 and 11-952 as applicable, the foregoing Agreement has been reviewed by the undersigned attorneys who have determined that said Agreement is in proper form and is within the powers and authority granted to the public body represented by their respective attorneys. Kevin S. Costello, Deputy County Attorney Maricopa County Date First name Last name (print and sign), Legal Counsel Allied Waste Transportation, Inc. (AWT) Date Docusign Envelope ID: F824C810-848D-4826-B2D4-3EFC6CEFA737 3/5/2026 3/5/2026