IGA DERA MCAQD NOV 2020 PARTIALLY SIGNED.PDF

INTERGOVERNMENTAL SERVICE AGREEMENT
MARICOPA COUNTY AIR QUALITY DEPARTMENT
&
PHOENIX UNION HICH SCHOOL DISTRICT #2I O
Agreement Title: State Clean Diesel Grant Program Sub Award
Page I of7
CFDA: 66.040 State Clean Diesel Grant
Program (B)
Federal Award ID (FAIN): 99T63001
EPA Aq'ard Date: August 18. 2020
Effective Datei Upon Final Signature
Termination Date: September 3 0, 2021
THIS CONTRACT is beh{een MARICOPA COUNTY [hereinafter referred to as the "Maricopa County" or 'the County"] and Phoenix
Union High School District #210 (PUHSD).
The purpose ofthis Agreement is to administer the funding provided by the Environmental Protection Agency (EPA) through Maricopa
County to the subrecipient PUHSD for the State Clean Diesel Grant Program Funding provided through the Diesel Emissions Reduction
Act (DERA). As part of this Agreemen! the Board of Supervisors is acting under the authority of A.R.S. I l-952 to enter into this
agreement.
PUHSD will assume the following responsibilities:
. 
PUHSD will procure the replacement ofthe vehicle/s in line with guidelines set forth by the FY20l7-2018 State Clean Diesel
Grant Program Information Guide.
. 
PUHSD will provide a work plan via separate attachment to the County for review and approval prior to initiating work.
. 
PUHSD will ask for written prior approval from tle County for any work plan changes prior to initiating work not approved in
original application/technical data workshect.
. 
PUHSD will provide monthly reports to Maricopa County on the purchasing ofthe new vehicles and any issues that arise.
. 
PUHSD \vill provide quarterly reports with complete updated technical data worksheet.
. 
PIIHSD will register as an entity on Sam.gov in order to receive t'ederal grant funds.
. 
PUHSD \vill register as a vendor to Maricopa County in order to be reimbursed for purchases.
. 
PUHSD will provide detailed invoices to Maricopa County in order to be reimbursed for purchases-
. 
PUHSD will complete all work defined in the project work plan by September 30, 2021.
. 
PUHSD will submit all final project data required to close out the grant including programmatic, financial and environmental
resuls including a final updated technical data worksheet.
SU BRECI PIENT
Maricopa County
3800 N Central Ave. Suite 1400
Phoenix, AZ 85012
Name : Philip A. McNeely
Title: AQD Director
Phone:602.506.6701
Phoenix Union High School District #210
4502 N Central Ave.
Phoenix, AZ 85012-1817
Name: Dr. Chad Gestson
Title: Superintendent
Phone 602.764.1551
SAM Name: Phoenix Union High School DistrictNo 210
System ofAward Management (SAM) No.: 07,1488990
Congressional District: AZ 07
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I
2
AGREEMENT TERMS
@!lg!g The purpose of this Agreement is to administer the Diesel Emission Reduction Act (DERA) sub award, as explained
under 42 U.S.C. 16133.
Dg!d!!g!!.: The Parties agree to expeditiously initiate and complete the scope ofwork under this Agreement. The Parties
warrant, represent and agree that they, their employees and representatives will comply with all applicable provisions provided
herein. The lbllorving definitions shall apply to the terms used in this Agreement, except where the context necessarily requires
otherwise.
"U.S.C." means United States Code.
"Agreement" means this written document between PUHSD and the County.
"County" means MARICOPA COUNTY, which is acting on behalfofthe State ofArizona.
"Parties" means Phoenix Union High School District #210 (PUHSD) and MARICOPA COLNTY.
Access to ltrformation: Subject to statutory confidentiality requirements of the County and PUHSD, both panies to this
Agreement shall have full, complete and equal access to data and information prepared under this Agreement on a no-charge
basis.
12, 
Notices. CorresDondence. ReDorts and Invoices;
12.1 All notices and correspondence from thc County shall be sent to
2.1,
,1
2.4
3.
6.
6.1
6,2
8.
It.
4. 
Amendment: This Agreement may be modified only by uritten Amendment signed by the Director or designee, ofPUHSD
and the person duly authorized to ad on behalfofthe County. Amendments shallbe executed with the same formalities asthis
Agreement. Executed copies of any Amendment shall be provided !o bofi parties.
Amoutrt ofAEreement: A maximum amount of$198,900.00 will be funded under this Agreement.
qor@!!!@:
This Agreement shall be govemed by and construed in accordance with the laws of the State ofArizona.
ImDlied Consent Terms: Each provision ofapplicable la\v and any terms required by law to be in this Agreement are a part
ofthis Agreement as iffully stated in it.
AEi@!: 
Neither Party may assign any righs hereunder without the express, uritten, prior consent of the other Party.
4.U.djl_qlbqI!!!: PUHSD 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 EPA at reasonable times. Upon request,
the PUHSD shall produce the original ofanyorall such records. Examples ofsuch records include:
a. Subrecipient financial statements and reports
b. Programmatic reports including information on environmental results
c. Audit findings
9
AEreement Term: The initial tcrm oi lhis Agreement shall be from the date the final signatory signs the agreement and will
be valid until September 30, 2021.
10. 
Effective Date: fhis Agreement shall become effective upon execution of tIe agreement by all parties
@4jl4bj!iqg!-EC!4!: Every payment obligation ofthe County under this Agreem€nt is conditioned upon the availability
of lirnds appropriated or allocated for the payment of such obligation. [f funds are not allocated and available for the
continuance ofthis Agreement, this Agreement may be terminated by either party at the end ofthe 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.
Pase 2 ol 7

Bryan Henderson, Director of Transportation
Phoenix Union High School District #210
2526 W Osbom Rd.
Phoenix, AZ 85017
(602) ',|64- t612
bhenderson@phoenixunion.org
12.2
For Phoenix UDior High School District #210
Gloria Butler, Exec. Dir. OfFinance
Phoenix Union High School District #210
4502 N Central Ave.
Phoenix, AZ 85012
(602)',764-143s
gbutler@phoenixunion.org
For Maricopa County:
Larz Garcia, Grant Programs Administrator
Maricopa County Air Quality
3800 N. Central Avenue, Suite 1400
Phoenix, AZ 85012
(602) s06-0r47
larz.garcia@maricopa.gov
13.3
I4.
t5
Either party to this Agreement may designate a new contact by filing a notice with the other party in accordance with these
notice requirements.
@ershidl!&Im4!!9!: Title to all documents, reports and data pr€pared in the course of this Agreement by PUHSD
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.
Bglgtsllg: Reporting pursuant to 4? U.S.C. 16133 shallbe in accordance rvith the Scopeofwork at the end ofthis Agreement.
ln addition, PUHSD will provide quarterly stahrs rcports.
t6.
@!!!E: 
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.
17.
Termination:
t1.t
PUHSD or the County may terminate this Agreement at any time, with or without cause, after giving 30 days \witten notice of
termination to the other party, as appropriate. The notice shall speciry the effective date oftermination.
In the event the Agreement is terminated, with or without cause, PUHSD shall deliver all finished or unfinished program
documents, datq and repo(s prepared as a result of this Agreement to the County,
11.2
t 8.t
Each party (as "lndemnitor") agrees to defend, indemnif, and hold harmless the other party (as "lndemnitee") from and against
any and all claims, losses, liability, costs, or expenses (including reasonable attomey's fees) (hereinafter collectively referred
to as "Claims") arising out ofbodily injury ofany person (including death) or propeny damage, but only to the extent that such
CIaims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct,
or other fault ofthe Indemnitor. its officers. oIficials, agents, employees, or volunteers.
DIESEL ENIISSIONS REDUCTION ACT STATE CLEAN DIESEL GRANT PROCRAM OVERVIEW
Administration
Maricopa County Air Quality Department (MCAQD) u'ill administer the Diesel Emissions Reduction Act (DERA) State Clean
Diesel Program in Maricopa County under authorization from the State ofArizona and the EPA. PUHSD will limit administrative
costs to the program by using existent funds and stall Costs to the DERA fund will be limited to PUHSD administrative costs if
approved in the application, and equipment reimbursable costs.
All correspondence relating to the execution ofthe Agreement, clarification of this Agreement, and Agreement Amendments
shall be sent to:
18. 
Indemlification:
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DERA will allow for yehicles with engine years from 1996-2009 and 2010 or newer if retrofitted or replaced with zero emission or
low-NOx. DERA will pay the current percentages for the specified technology written in the approved work plan, and PUHSD will
be responsible for the cost share amount.
DERA Eligible Activities
DERA Funding Limits
(DERA Funds + Voluotary
Match)
Nlinimum Mandatory
Cost-Share (Fleet Owner
Contribution)
Exhaust Control Rctrofit
t00%
ovo
Engine Upgrade /
Remanuf'acture
40%
60%
Highway ldle Reduction
25%
75%
Locomolivc Idle Reduction
10%
60%
Marine Shore Power
25%
Electrifi cd Parking Space
30%
71vo
Engine Replacement- Diesel
or Altemative Fuel
100h
60vo
Engine Replacement- Low
NOx
50%
5\vo
Engine Replacement- All-
Electric
60%
,10%
Vehicle/Equipment
Replacement- Diesel or
Alternative Fuel
25%
't5%
Vehicle/Equipment
Replacement
- Low NOx
-'15%
65%
VehicleEquipment
Replacement
- All-Electric
45%
55%
Pag€ 4 of7
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Budget and Period of Perfomance
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 ofthe sub award or unallowability ofcosts.
Sub award monies are to be used only during the period oithe agreement effective date through Septembet 30,202l. 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 ofsixty days before the scheduled end date ofthe award.
Disbursemcnts
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 perfomance. MCAQD res€rves the right to terminatc any project that, in
MCAQD's sole discretion, is not satisfactorily pursuing and fulfilling stated project goals and objectives. MCAQD shall reimburse
PUHSD for cancellable obligations properly incurred prior to termination notice.

Destruction R€quirements
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 remanul'acturing
the engine rvhile retaining possession of the vehicle/cquipment is an acceptable scrapping method. Disabling the chassis may be
completed by cutting through the frame/frame rails on each side at a point Iocated between the front and rear axles. Other acceptable
scrappage methods may be considered and will require written approval from MCAQD Grant Programs Administrator.
Vehiclc,Equipment components that are not part ofthe engine or chassis may be salvaged from the unit being replaced. Ifscrapped
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.
SCOPE OF WORK
The PUHSD, under the authorization of Maricopa County in accordance with 42 U.S.C. 16133, shall administer the Diesel
Emissions Reduction Act (DERA) State Clcan Diesel Grant Program.
The County shall provide the following services:
1.1 
Maricopa County will review and pay program invoices submitted by PUHSD,
1.2 
Maricopa County will verifo emissions reductions from the vehicles retrofitted or replaced. Maricopa County $'ill collect
data from the PUHSD and submit quarterly reports as required by the EPA. On December 30,2021, the County shall prepare
and submit a final report !o the EPA that contains at least the tbllowing information:
The number ofvehicles retrofitted or replaced by model year.
The quantity and nature ofvehicle emissions reduced.
The cost-eff'ectiveness ofthe DERA in terms ofdollars spent per ton ofvehicle emission reductions
Any recommendations for improving the effectiveness ofthe DERA.
The administrative costs ofthe DERA.
2. PUHSD, shall provide the following services:
2,1 Follow all program requirements as detailed in the FY20l9-2020 State Clean Diesel Grant Plogram lnformation
Guide as published by the EPA - Office of Transportation and Air Quality, February 2020.
2.2 Determine and veriry eligibility ofretrofit components and/orvehicles for DERA.
2.3 
Adhere to the project work plan noted below as approved by the EPA and the MCAQD.
2,4 
Per its written procurement policy, obtain and review bids to purchase DERA-eligible qualified replacement vehicles
while adhering to Federal program requirements.
2.5
Follow all program requirements as detailed in the FY2017-201 8 State Clean Dicsel Grant Program Information
Guide as published by the EPA - Office of Transportation and Air Quality, February 2020.
2.5 Follow all Federal grant requirements including 2 CFR $200.318 General Procurement Standards through $200.326
Suspension and Debarment (per 2 CFR $200.213)
Cash Management (per 2 CFR $200.302 (b)(6))
Allowability ofCosts (per 2 CFR $200.302(b)(7) and Subsection E-Cost Principles)
Conllict of Interest (per CFR $200.3 I 8(c)( l -2)
General Procurement Standards (per 2 CFR $200.318 through 200.326)
a
b
c
d
e
a.
b.
d.
d.
2.7
2.8
Upon agreenrent effective date, order, reccive and document replacement vehiclcs
Submit quarterly reports and vehicle data as requested by the County.
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2,6 
Establish and follow written policics required by thc 2 CFR 200:

2.9
2.10
Invoice Maricopa County for program costs associated with implementing the DERA.
Submit evidence ofappropriate disposal (digital photos including the engine tag showing the serial number. engine l'amily
number, and engine modelyear and ofthe destroyed engine block and cut l'rame rails or other structural components) as
required by program guidelines.
APPROVED WORK PLAN
APPROVED VEHICLES
Vehicle ldentification Numbe(s):
I BAKFCPA29F258144
Vehicles
Cost Per
Vehicle
DERA
Cost Share
Phoenix Union
High School
District
2008 Blue Bird
Cummins School
Bus
$442,000
$ 198,900
$243,100
Subtotal
I Vehicle
$442,000
$198,900
$243,r00
Blue Bird
Vehicle Make:
45849997
Engine Serial Numbe(s):
Cummins
Engine Make:
2008
Engine Model Year:
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lN WITNESS WHEREOF, the parties hsve exccuted this (Agrcement' as of the date set forth above:
MARICOPA COUNTY:
Clint llickman, Chair
Maricopa County Board of Supewisors
Attest b.v:
Fral McCarroll, Clerk oflhe Board
Maricopa Coully
PHOENI.X UNION HIGH SCHOOL DISTRICT:
Governing Board Member
Dflte
Date
Signature
Phoenix Union High School District #210 (PUHSD)
Talia J. Offord. Senior Deplty County Attorney
Maricopa County
C
td.
Phoenix Union High School Distrid #210 (pLJHSD)
Date
ln accordance rvith A.R.S. |i$ i 1-?01, I l-:5 l, I l -951 and I l-952, the foregoing Agreement has been rev:iewed by the
undesigned attonle)'s rvho have detcnuined that said Agreerrrent is in proper fonn and is within the powen and
authoritv gmnted to the public body represented trv their respective attorneys.
l)ate
/e- io
I'}a!,j 7 oI7
Date
Appruved us b Form:
Lela Alston, Governing Board Clerk
November 5, 2020