18-182669 MCAQD ISA AMEND 6 DC.PDF

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Amendment to Interagency Service Agreement (ISA) 
 
 
 
CONTRACT NO.: 
AMENDMENT NO.:   
TITLE: 
 
COUNTY: 
 
ADEQ18-182669 
6 
ARIZONA STATE CLEAN DIESEL GRANT PROGRAM 
MATCHING FUNDS 
MARICOPA COUNTY 
ADEQ PROCUREMENT      
1110 W. Washington Street    
Phoenix, AZ 85007  
 
 
 
Effective upon signature, the Agreement referenced above is hereby amended as follows: 
 
1. Pursuant to the Agreement Terms, Section Four (4), Amendment, the Agreement is hereby amended as follows: 
 
1.1 Section Five (5), Amount of Agreement, is revised by adding the following: 
 
“ADEQ authorizes and is to provide program matching funds up to an amount of $366,593 to Maricopa County for use as 
matching funds under the DERA State Clean Diesel Grant Program.  Any remaining funds, or previous remaining funds will 
be used exclusively as additional program funding.  At the start of each fiscal year, ADEQ will amend contract to provide a 
new funding amount to support the new Scope of Work/Work Plan.  Any changes or modifications to any part of this 
Agreement shall be modified only by written Agreement Amendment.” 
 
1.2 The Scope of Work Section is hereby revised by adding the following to the Scope of Work:  
 
“The Scope of Work for next fiscal year’s State Clean Diesel Grant Program will adhere to all EPA program requirements.  
The Scope of Work will be submitted to and approved by the EPA as EPA FY22 Arizona State Clean Diesel Grant Program 
Work Plan prior to any program funds being expended.”; 
 
1.3 The FY21 Scope of Work Section attached to this Amendment  Six (6) is hereby added to the Agreement; 
 
1.4 The FY21 Budget Sheet attached to this Amendment Six (6) is hereby added to the Agreement;  
 
1.5 Section Twelve (12), Agreement Term is hereby revised to commence on the Effective Date and end on December 31, 
2023; 
 
1.6 Section Fourteen (14), Non-Availability of Funds, is revised and replaced with the following: 
“Non-Availability of Funds:  Pursuant to A.R.S. § 35-154(A), every payment obligation of ADEQ 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.” 
 
1.7 Section Fifteen (15), Notices, Correspondence, Reports and Invoice is hereby deleted and replaced with the following: 
“15.1  
All notices and correspondence from the County shall be sent electronically to: 
 
 
Denise Kronsteiner 
Air Quality Division, Clean Air Initiatives 
Arizona Department of Environmental Quality 
kronsteiner.denise@azdeq.gov 
 
15.2 
All correspondence relating to the execution of the Agreement, clarification of the Agreement, Agreement 
Amendments shall be sent to:

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For ADEQ: 
 
 
 
 
For Maricopa County: 
 
Denise Kronsteiner 
 
 
 
Philip McNeely, Director  
 
Arizona Department of Environmental Quality 
Maricopa County Air Quality 
 
1110 W. Washington Street 
 
 
301 W. Jefferson, Suite 410 
 
Phoenix, AZ  85007 
 
 
 
Phoenix, AZ  85003 
(602) 771-2231  
 
 
 
(602) 506-6701 
kronsteiner.denise@azdeq.gov 
 
 
philip.mcneely@maricopa.gov 
 
15.3 
All reports relating to the Agreement shall be sent electronically to: 
 
 
Denise Kronsteiner 
Air Quality Division, Clean Air Initiatives 
Arizona Department of Environmental Quality 
kronsteiner.denise@azdeq.gov 
 
15.4 
Either party to this Agreement may designate a new contact by filing a notice with the other party in accordance 
with these notice requirements.”  
 
1.8 Add Section Nineteen (19), Conflict Resolution Procedures: 
 
“19. Conflict Resolution Procedures: 
 
19.1 
This Contract shall be governed by and construed in accordance with the laws of the State of Arizona and 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. 
  
19.2 
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). 
 
19.3 
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).” 
 
1.9 Add Section Twenty (20), Federal Immigration and Nationality Act: 
 
“20. Federal Immigration and Nationality Act: The contractor shall comply with all federal, state and local immigration 
laws and regulations relating to the immigration status of their employees during the term of the contract. Further, the 
contractor shall flow down this requirement to all subcontractors utilized during the term of the contract. The State shall 
retain the right to perform random audits of contractor and subcontractor records or to inspect papers of any employee thereof 
to ensure compliance. Should the State determine that the contractor and/or any subcontractors be found noncompliant, the 
State may pursue all remedies allowed by law, including, but not limited to; suspension of work, termination of the contract 
for default and suspension and/or debarment of the contractor.”  
 
1.10 Add Section Twenty-One (21), E-Verify Requirements: 
 
“21. E-Verify Requirements: In accordance with A.R.S. § 41-4401, Contractor warrants compliance with all Federal 
immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. § 23-214, 
Subsection A.” 
 
1.11 Add Section Twenty-Two (22), Record Keeping Requirements: 
 
“22. Record Keeping Requirements: Pursuant to A.R.S. §§ 35-214 and 35-215, both Parties shall retain all data, books, 
accounts, reports, files and other records (“records”) relating to this Contract for a period of five years after completion of the 
Contract, any litigation, claim, negotiation, audit, cost recovery, or action involving the records has been completed or from 
the date of complete resolution of any dispute and any applicable appeals, unless a longer period is required by statute or 
rule..  All records shall be subject to inspection and audit by the State at reasonable times.  Upon request, either Party shall 
produce the original of any or all such records.” 
 
2. All other Terms and Conditions remain unchanged. 
 
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                  IN WITNESS WHEREOF, the parties have executed this “Amendment” as of the date set forth above; 
 
MARICOPA COUNTY: 
 
 
 
Bill Gates, Chair 
Maricopa County Board of Supervisors 
 
Date 
 
 
Attest by: 
Juanita Garza, Clerk of the Board 
Maricopa County  
 
 
 
 
Date 
ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY: 
 
 
 
 
Daniel Czecholinski, AQD Director 
Arizona Department of Environmental Quality 
 
Date 
 
Approved as to Form: 
 
Undersigned counsel has reviewed the foregoing Agreement pursuant to A.R.S. §§ 11-251 and 11-201 and 
determined it is in proper form and within the powers and authority granted under the laws of this state to the 
Board of Supervisors. 
 
 
 
Karen Hartman-Tellez, Senior Deputy County 
Attorney 
Maricopa County  
 
 
Date