IGA LAWN & GARDEN ADEQ 3.31.18.PDF

ADEQ18-194431

AGREEMENT TERMS (\- Ao- . Ip —D \b-3-BO

INTERGOVERNMENTAL SERVICE Page I of 4
ADE AGREEMENT Contract No: ADEQI8-194431
ARIZONA DEPARTMENT ,
Effective Date:
Aon DearS ee] OF
ENVIRONMENTAL QUALITY Termination Date: _ Upon Final Signature
Termination Date: June 30, 2020
Agreement Title: Voluntary Lawn and Garden Emissions Reduction Program ISA
COUN

Maricopa County Arizona Department of Environmental Quality
1001 N. Central Avenue #125 Contracts and Procurement Section
Phoenix, AZ 85004 1110 West Washington Street
Name: Phil McNeely Phoenix, AZ 85007-2935
Title: Director, Maricopa County Air Quality Chief Procurement Officer: Teena Ziegler
Phone: (602) 506-6443 Sr. Procurement Specialist: Susan Holt (602) 771-4256

THIS AGREEMENT, is between the STATE OF ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY [hereinafter
referred to as the “Department” or “ADEQ”], established and authorized to contract pursuant to § A.R.S. 49-104, and MARICOPA
COUNTY [hereinafter referred to as the “Maricopa County” or “the County”] As part of this Agreement, the “Board of Supervisors”
are acting under the authority of A.R.S. §11-952 to enter into this agreement.

The purpose of this Agreement is to fund and administer the Voluntary Lawn and Garden Emissions Reduction Program, in Maricopa
County, as required by A.R.S. §49-474.02.

ADEQ will provide funds to the Voluntary Lawn and Garden Equipment Emission Reduction Fund and administer the fund, as
required by A.R.S. §49-474.02(G).

Maricopa County will administer the program, in accordance with the attached Voluntary Lawn and Garden Emissions Reduction
Program Work Plan. This program will allow the exchange of polluting Lawn and Garden equipment for lower (or no) emissions
equipment, thereby improving the State’s air quality.

This Agreement, including Agreement Terms, Work Plan, Attachments, Amendments, and any modifications approved in accordance
herewith, shall constitute the entire Agreement between the parties and supersede all other understandings, oral or written.

This Agreement contains the following documents:
1. Agreement Terms

2. Voluntary Lawn and Garden Emissions Reduction Program Work Plan

IN WITNESS WHEREOF, the parties have executed and agree to carry out the terms of this Agreement as of the Effective
Date set forth above.

By:

“Fhe

Deputy County Attorney

ATTEST:

By:

of the ‘Maricopa County Board of Supervisord.

STATE OF ARIZONA )
) ss.
County of Maricopa)

nd
On this 22 day of March , 2018, before me personally appeared STEVE CHUCRI the Chairman of
Maricopa County Board of Supervisors, for and on behalf of MARICOPA COUNTY, a political subdivision of the State of
Arizona, whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she Claims to be, and

acknowledged that he or she signed the above/attached document.
JUANITA GARZA
ARIZONA D ENT OF E ENTAL QUALITY Notary Public - State of Arizona
MARICOPA COUNTY
d My Commission Expires March 22, 2022

Signature
8) TO

Timothy Franquist, Jr.
Printed Name

Director, Air Quality Division
Title

The above referenced Contract is hereby executed this a 9 Day of. Markel 2018.

ADEQ18-194431
AGREEMENT TERMS

1. Recitals: The purpose of this Agreement is to fund and administer the Maricopa County Voluntary Lawn and Garden Emission
Reduction Program (the Program), as described by A.R.S. §49-474.02.

1.1 ADEQ will provide funding to the Program from the Voluntary Lawn and Garden Emissions Reduction Fund (the Fund).
ADEQ will administer the Fund and transfer funds to the County.

1.2. The County will execute the attached Work Plan and return any unused funds to the Fund.

1.3. This program will allow the exchange of polluting Lawn and Garden equipment for lower (or no) emissions equipment,
thereby improving the State’s air quality.

2. Definitions: The Parties agree to expeditiously initiate and complete the scope of work under this Agreement. The Parties warrant,
represent and agree that it, 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 “§” means Section.

2.2 “A.A.C.” means Arizona Administrative Code.

2.3 “A.R.S.” means Arizona Revised Statutes.

2.4 “Agreement” means this written document between ADEQ and the County.

2.5 “Fund” means Voluntary Lawn and Garden Emissions Reduction Fund.

2.6 “County” means MARICOPA COUNTY.

2.7 “Department” or “ADEQ” means the Arizona Department of Environmental Quality.
2.8 "Parties" means ADEQ and MARICOPA COUNTY.

2.9 “State” means the State of Arizona.

2.10 “Program” means Voluntary Lawn and Garden Emissions Reduction Program.

3. Access to Information: Subject to statutory confidentiality requirements of the County and ADEQ, 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 Contract Amendment signed by the Director or designee, of
ADEQ and the person duly authorized to act on behalf of the County. Contract 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: ADEQ will provide County with up to $375,000 to execute the Work Plan. Any changes or modifications
to any part of this Agreement shall be modified only by written Contract Amendment.

6. Governing Law:

6.1 This Contract shall be governed by and construed in accordance with the laws of the State of Arizona.
6.2 Implied Consent Terms: Each provision of 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: Pursuant to Arizona Revised Statutes (“A.R.S.”) Section (“§”) 35-214 and § 35-215, the County 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 at reasonable times. Upon request, the County shall produce the original of any or all
such records.

9. Cancellation of State Contracts: Both parties may cancel this Agreement, without penalty of further obligation, pursuant to
ARS. § 38-511.

10. Agreement Term: The initial term of this Agreement shall be from the commencement of signatures by both parties through June
30, 2020. The Agreement may be renegotiated for additional periods, by formal Contract Amendment, subject to the requirements
and/or limitations by Federal or State regulations.

11. Effective Date: This Agreement shall become effective upon execution of the agreement by all parties.

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ADEQ18-194431
AGREEMENT TERMS

Non-Availability of Funds: Every payment obligation of ADEQ under this Contract 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.

Notices, Correspondence, Reports and Invoices:
13.1 All notices and correspondence from the County shall be sent to:

Brian Parkey

Section Manager

Air Quality Improvement Planning Section
Arizona Department of Environmental Quality
1110 West Washington Street

Phoenix, AZ 85007

(602) 771-4492

Parkey.Brian@azdeq.gov

13.2 All correspondence relating to the execution of the Contract, clarification of this Contract, and Contract Amendments shall

be sent to:

For ADEQ: For Maricopa County:

Susan Holt, Sr. Procurement Specialist Phil McNeely, Director

Arizona Department of Environmental Quality Maricopa County Air Quality
1110 W. Washington Street 1001 N. Central Avenue #125
Phoenix, AZ 85007 Phoenix, AZ 85004

(602) 771-4256 (602) 506-6443
holt.susan@azdeq.gov philmcneely@mail.maricopa.gov

13.3 Either party to this Agreement may designate a new contact by filing a notice with the other party in accordance with these
notice requirements.

Ownership of Information: Both parties retain title to all documents, reports, data, and other materials prepared as a part of the
Program. ADEQ and County shall have full and complete rights to reproduce, duplicate, disclose, perform and otherwise use all
information prepared under this Agreement.

Annual Reporting: Reporting pursuant to A.R.S. 49-474.03G shall be in accordance with the Scope of Work at the end of this
Agreement.

Printing Credit: Promotional materials, such as brochures, advertisements, videos, maps, technical reports, etc. developed for
the Program, shall show credit to the producing party. All promotional materials shall be printed to the extent possible on recycled
paper with the statement “Printed on Recycled Paper” printed on the cover sheet.

Program Review:

17.1 It is the responsibility of the County to coordinate with ADEQ regarding the progress of the Program. ADEQ may request,
at its discretion, progress updates.

Severability: The provisions of this Agreement are severable to the extent that any provision or application 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.

Termination:

19.1 ADEQ or the County may terminate this Agreement at any time, with or without cause, after giving 30 days written notice
of termination to the County or ADEQ, as appropriate. The notice shall specify the effective date of termination.

19.2 In the event the Agreement is terminated, with or without cause, County shall deliver all finished or unfinished documents,
data, and reports prepared as a result of this Agreement to ADEQ.

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,

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ADEQI18-194431
AGREEMENT TERMS

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.

E-Verify: To comply with A.R.S. § 41-4401(A), each party hereby warrants its compliance with all federal immigration laws and
regulations that relate to its employees and A.R.S. § 23-214(A). If either party uses any subcontractors in performance of this
Agreement, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its
employees and A.R.S. § 23-214(A). A breach of this warranty shall be deemed a material breach of the Agreement subject to
penalties up to and including termination of this Agreement. Each party retains the legal right to inspect the papers of any
contractor or subcontractor employee who works on the Agreement to ensure that the contractor or subcontractor is complying

with this warranty.

Conflict Resolution Procedures: This Agreement shall be governed by and construed in accordance with the laws of the State of
Arizona and the Arizona Procurement Code. 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. The parties agree to resolve all disputes
arising out of or relating to this Agreement 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. Each party shall bear its own arbitration
fees, attorney fees and costs. The decision of the arbitrator is final and binding upon the parties.

Waiver: The waiver or failure to enforce any provision of this Agreement will not operate as a waiver of any future breach of any
such provision or any other provision hereof.

Maricopa County Air Quality Department
Phone: 602.506.6010
Email: AQmail@mail.maricopa.gov

Maricopa County
AIR QUALITY | Maricopa.gov/AQ
DEPARTMENT | CleanAirMakeMore.com

Voluntary Lawn and Garden Emissions Reduction Program
WORK PLAN

MARICOPA COUNTY AIR QUALITY GOALS AND PRIORITIES

Maricopa County continues to experience an expanding residential housing market and therefore, the
usage of lawn and garden equipment play a notable role in the emissions profile of the County.
Emissions from lawn and garden equipment ate responsible for a considerable amount of all non-
road emissions. Currently, the County is in non-attainment for Ozone, for which the precursors are
Nitrogen Oxides (NOx) and Volatile Organic Compounds (VOC). According to the Maricopa County
2014 Ozone Periodic Emission Inventory, the lawn and garden equipment category accounts for 3.1%
of all non-road NO, emissions and 35.4% of all non-road VOC emissions. The County was previously
in non-attainment for Carbon Monoxide (CO) in which 39.7% can also be attributed to lawn and
garden equipment.

2014 Annual emissions ftom non-toad lawn and garden equipment, as a percentage of:
VOC co NO,
All non-road emissions 35.40% 39.70% 3.10%

LAWN AND GARDEN EQUIPMENT AND TECHNOLOGIES

According to the EPA, approximately 121 million pieces of lawn and gatden equipment are estimated
to be in use in the United States of which, lawn mowers ate the most numerous.’ The advent of new
4-stroke mowers has created improvements in terms of efficiency as well as reduced emissions,
however, older 2-stroke mowers are still in operation and most lack any type of emission control
technology. The replacement of gas powered lawn mowers with an electric equivalent will reduce the
aforementioned pollutants as well as eliminate some of the indirect air pollution that come along with
maintaining and operating a gas powered unit. The EPA estimated that approximately 70,000 tons of
gasoline was spilled in 2005 while refueling non-toad equipment using portable fuel containers, which
resulted in additional VOC emissions.”

Electric lawn mowers and other electric lawn equipment have come a long way in the past decade.
Their rising popularity has motivated some of the mote prominent manufactures in the industry to
develop cost effective options that are well within the grasp of the average consumer. Technological
advancements in lithium batteries have closed the performance gap between electric and gas powered
counterparts. Cordless options ate also becoming mote standardized, allowing for more user friendly
operations.

ROLES AND RESPONSIBILITIES
Maricopa County Air Quality Department (MCAQD) will be responsible for the overall
administration in accordance with A.R.S §49-474.02, management and success of the Voluntary Lawn

' Banks, J. L., PhD, & McConnell, R. (n.d.). National Emissions from Lawn and Garden Equipment (Environmental
Protection Agency). Retrieved December 18, 2017

? Environmental Protection Agency. (2012, June 8). Estimating emissions associated with portable fuel containers
(PFCs). Retrieved December 18, 2017.

Lawn Mower Program Work Plan Page 1 of 4

and Garden Emissions Reduction Program (Lawn and Garden Equipment Replacement Program)
including data and document collection, financial management, outreach, necessary coordination for
the retirement of replaced equipment, and providing progress reporting as described in the table
below. In addition to allowing for the retirement of residential lawn mowers, A.R.S §49-474.02 also
allows for the retirement of commetcial lawn mowets and residential and commercial lawn and garden
devices. Lawn and garden devices include leaf blowers, trimmers, edgers, and other similat equipment.

The MCAQD ditector acts as the agent of the County for all emission reduction programs. MCAQD
funds ate managed by the finance division of the MCAQD, which receives and processes invoices and
payments. The Grants Programs Administrator will review and confirm allocation of expenses and
ensute deliverables align with the project scope and budget. All invoices will be reviewed and approved
by the Travel Reduction and Outreach Division Manager. Final authorization and the timely
scheduling of payment will be completed by the Finance Division.

Activity | Start | End
Maticopa County Lawn and Garden Replacement Equipment Program
Program development 01/02/2018 02/28/2018

Develop progtam policies and procedures

Establish agreements with the County solid waste and
equipment services departments for disposal of
hazardous waste and the recycling of retired lawn
equipment

Outteach 02/01/2018 09/30/2018
Plan kick-off event, plan and implement
communications, webpage, updates and press release
Kick-Off Event 04/01/2018 04/30/2018
Collect retired lawn and garden equipment, issue
vouchets.

Provide outreach on ozone season

Collecting and evaluating applications and 04/01/2018 10/01/2018
issuing vouchets
Program Outputs Posted on Website continuously continuously

Prepare annual report on program including the 12/1/2018
following items:
1. The number of lawn mowers and other lawn and Yearly report
garden devices retired by brand and year of
manufacture.

2. The cost-effectiveness of the program in terms of
dollars spent per ton of emissions reductions.

3. Any recommendations for improving the
effectiveness of the program.

4. The administrative costs of the program.

ver Program Work Plan. Page 2 of 4

TIMELINE AND MILESTONES

MCAQD’s POTENTIAL OUTCOMES/OUTPUTS

The Lawn and Gatden Equipment Program focuses on decommissioning old lawn and garden
equipment as well as facilitating the ownership of new and cleaner operating equipment. The
promotion of the Lawn and Garden Equipment Program will stem from marketing through the Clean
Ait Make Mote website and associated social media sites as well as any partnet’s line of communication

with their consumers via utility bills.

In 1999, Maricopa County’s Lawn Mower Program replaced a total of 2,111 gasoline residential
lawnmowers which resulted in the reduction of 17.7 tons of VOC and 0.1 tons of NOx. Projected
emission reductions for the replacement of 2,500 gasoline residential lawn mowers in 2018 would

result in a reduction of 20.9 tons of VOC and 0.2 tons of NOx.

The table below outlines some of the outputs and outcomes to be achieved by MCAQD.

Potential Outputs and Outcomes

Activities Outputs

Replace 2,500 gasoline lawn — 2,500 electric lawn mowers in

mowets operation

Program Development Lawn and Gatden
Equipment Replacement
Progtam

Outteach Dissemination of project

information via social media,
internal and external events,
internal and external websites

Project Administration Progtess Report and Final
Report

Lawn Mower Program Work Plan

Outcomes

Annual emission reduction for
NO,=0.2 tons, VOC=20.9 tons

Lifetime emission reduction for
NO,=1.4 tons, VOC=146.3
tons

Opportunity for Maricopa
County tesidents to teduce
pollution

Include overview of the
Maricopa County Lawn and
Garden Equipment
Replacement Program outreach
events; inctease public
awareness of ozone

Annual progress reporting to
include umber of lawn mower
replacements completed to date

Page 3 of 4

MCAQD will implement the Lawn and Garden Replacement Program in accordance with the
outcomes outlined in the table above and in consultation with the Arizona Department of
Environmental Quality, MCAQD will expand the program to include the retirement of commercial
lawn mowers and tesidential and commetcial lawn and garden devices.

SUSTAINABILITY OF THE PROGRAM

MCAQD intends to administer the Lawn and Garden Equipment Replacement Program for as long
as funding is available. The department will publicize and promote the program through social media,
annual department reports and Maricopa County Air Quality web sites.

Project Budget a —
| FY 2017 biden

_ Progtam Vouchers OO $375,000

Explanation of Budget Framework

Program Voucher
Pricing for a typical electric lawn mower is within the range of $90-$300. The variance in the pricing

is attributed to the power of the mower and if it has the option for cordless operation. A $150 voucher
towards an electric lawn mower would allow the Lawn and Garden Equipment Replacement Program
to facilitate the retirement of 2500 lawn mowers given a $375,000 rebate budget.

Personnel
Maricopa County will administer the Lawn and Garden Equipment Replacement Program with

existing staff.

Lawn Mower Program Work Plan Page 4 of 4