Extracted text (via ocr_local)
11414 characters
Contract No.(VR6-18-O \0-D-00 Effective Date: Upon Final Signature Termination Date: December 30, 2018 ARIZONA PROPANE GAS ASSOCIATION & MARICOPA COUNTY AIR QUALITY DEPARTMENT Agreement Title: Propane Fire Pit Program Matching Funds MARICOPA COUNTY ARIZONA PROPANE ASSOCIATION 1001 N. Central Avenue #125 4315 N 12th Street, Suite 200 Phoenix, AZ 85004 Phoenix, AZ 85014 Name: Phil McNeely Name: Barry M. Aarons Title: Director, Maricopa County Air Title: Acting Executive Director Quality THIS AGREEMENT is between MARICOPA COUNTY [hereinafter referred to as the “Maricopa County” or ‘the County”] and the ARIZONA PROPANE GAS ASSOCIATION [hereinafter referred to as “APGA”], [collectively, “Parties” or individually, “Party”]. The Parties are authorized to enter into this Agreement pursuant to A.R.S. § 49-104. The purpose of this Agreement is for the APGA to provide funds to Maricopa County for use as matching funds under the Maricopa County Propane Fire Pit Program. This document, including Agreement Terms, Scope of Work, 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. Scope of Work IN WITNESS WHEREOF, the Patties have executed this “Agreement” as of the Effective Date set forth above: Page 1 of 8 Contract # Propane Fire Pit Program Matching Funds AGREEMENT TERMS MARICOPA COUNTY, a political subdivision of the State of Arizona By: Y Date: NOV 29 2017 " J Chairman, Maricopa County Board of Supervisors Approved as to Form: fs Date: WA —Ao _ /7 Deputy County Attorney ATTEST: ten Lads Dat hve Clerk of the Maricopa County Board of Supervisors STATE OF ARIZONA _ ) ) ss. County of Maricopa ) th On this 24 day of N OV. 2017, before me personally appeared Denny is marney , 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. Page 2 of 8 Contract # Propane Fire Pit Program Matching Funds AGREEMENT TERMS By: aa" Qe JUANITA GARZA Notary Pubtic - State of Arizona MARICOPA COUNTY My Commission Expires March 22, 2018 Notary lic My Commission Expires: March 22, 2018 ARIZONA PROPANE GAS ASSOCIATION Signature Hocey HM Aaeons Printed Name Taterin Exec ufive Diveetor Title iz/a/20147 T Date Page 3 of 8 2.1 2.2 2.3 2.4 Contract # Propane Fire Pit Program Matching Funds AGREEMENT TERMS Recitals: The purpose of this Agreement is for APGA to provide funds to Maricopa County for use as matching funds under the Maricopa County Propane Fire Pit Program. Definitions: The Patties agree to expeditiously initiate and complete the Scope of Work under this Agteement. The Parties warrant, represent and agree that it, their employees and representatives will comply with all terms provided herein. The following definitions shall apply to the terms used in this Agreement, except where the context necessarily requires otherwise. “Y” means Section. “A.A.C.” means Arizona Administrative Code. “A.R.S.” means Arizona Revised Statutes. “Agreement” means this written contract between APGA and the County. Access to Information: Subject to statutory confidentiality requirements of the County and APGA, Parties shall have limited access to data and information prepared under this Agreement on a no- charge basis. Personal data from residents participating in the voucher program will be collected and distributed as follows. Personal resident data will be collected by Home Depot who is the sole vendor for the program. The County will collect and store the data from the vendor. The County will provide e-mail data collected to APGA for the sole purpose of inclusion into an e-mail list generated and maintained by the APGA. Amendment: This Agreement may be modified only by written amendment signed by the Director ot designee of APGA and the person duly authorized to act on behalf of the County. Agreement amendments shall be executed with the same formalities as the Agreement. Executed copies of any amendment shall be provided to Parties. Amount of Agreement: APGA to provide a lump sum fund in the amount of $25,000.00 to Maricopa County for use as matching funds under the Maricopa County Propane Fire Pit Program. Governing Law: This Contract shall be governed by and construed in accordance with the laws of the State of Arizona. Page 4 of 8 10. 11. 12. 14. 14.1 14.2 Contract # Propane Fire Pit Program Matching Funds AGREEMENT TERMS Implied 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. No agreement or term shall relieve any Party of any obligation or responsibility imposed on it by law. Assignment: Parties may not assign any rights hereunder without the express, written, prior consent of the other. Audit of Records: Pursuant to A.R.S. § 35-214, Parties shall retain all data, books and other records (“Records”) related to this Agreement for a period of five years after completion of the Agreement, including 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, Parties shall produce the original of any or all such Records. Cancellation of Contracts: Parties may cancel this Agreement, without penalty or further obligation, pursuant to A.R.S, § 38-511. Effective Date: This Agreement shall become effective upon execution of the Agreement by all patties. Agteement Term: The initial term of this Agreement shall commence on the Effective Date and end on February 28, 2018. Extensions: The Agreement may be extended as many times as desirable, but each extension may not exceed the duration of the previous Agreement and is subject to applicable law. Availability of Funds Non-Availability of Funds: Subject to Arizona law, every payment obligation of APGA 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 liable for any future payments or for any damages as a result of termination under this paragraph. Return of Funds: Any remaining funds not used by the end of the Agreement term will be returned to APGA. Page 5 of 8 Contract # Propane Fire Pit Program Matching Funds AGREEMENT TERMS 15. Notices, Correspondence, Reports and Invoices: 15.1 All correspondence relating to the execution of the Agreement, clarification of the Agreement, Agreement amendments shall be sent to: 15.2 16. 17. 18. For APGA: For MCAQD: Barry M. Aarons, Acting Executive Director Phil McNeely, Director Arizona Propane Gas Association Maricopa County Ait Quality Dept. 4315 N 12" St, Ste. 200 1001 N. Central Avenue #125 Phoenix, AZ 85014 Phoenix, AZ 85004 (602) 315-0155 (602) 506-6443 baaronsaz ail.com philmcneely@mail.maricopa.gov Either Party to this Agreement may designate a new contact by filing a notice with the other Party in accordance with these notice requirements. Severability: The provisions of this Agreement are severable to the extent that any provision ot application found invalid shall not affect any other provision or application of the Agreement. The entire Agreement will remain in effect without the invalid provision or application. Termination: The Parties may terminate this Agreement at any time, with or without cause, after thirty days’ written notice to the other Party. The notice shall specify the effective date of termination. Indemnification: Each Party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other Patty (as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorneys’ 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 vicatious /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. Page 6 of 8 Contract # Propane Fire Pit Program Matching Funds SCOPE OF WORK MARICOPA COUNTY AIR QUALITY GOALS AND PRIORITIES: In an effort to reduce fine particulate matter (PM 2.5) produced by outdoor wood burning in fire pits, MCAQD has created a Propane Fire Pit Program. PM 2.5 is an EPA pollutant that is known to cause damaging health issues, including acute asthma symptoms leading to hospitalization and heart disease, as the tiny pollutant can deposit deep into the lungs and enter the blood stream. If PM 2.5 should exceed the EPA 24 hour or annual standard, this could lead to more stringent regulations and negative economic impact for Maricopa County. This program encourages the use of cleaner burning propane gas devices to aid in the reduction of PM 2.5 during the wood burning season. The program will be marketed to all County residents and will offer through e-mail a voucher which can be taken to select Home Depot stores within Maricopa County for a discount on a propane fire pit. E-mail addresses will be collected for each program participant and will be provided to APGA as part of this Agreement. There will be a $50.00 discount provided by the County and a $25.00 discount provided by the APGA, for a total of $75 per program participant. TIMELINE AND MILESTONES: The program start date will be December 2017 and will be limited to the first 1000 participants. It is anticipated that the funding for the program will be exhausted by the end of February 2018. PROGRAMMATIC PRIORITIES: The Maricopa County Air Quality Department will coordinate and operate the program in its entirety. Personnel, Fringe and Indirect Charges Personnel, fringe benefit and indirect costs will be paid for by the County as part of normal grant program staff duties at no additional cost to APGA. Travel There will be limited travel to market the program. These costs will be part of the personnel costs included above. Supplies, Equipment and Contractual None Program Income None Direct Charges The direct charges are $25,000 to be paid in advance lump sum. Page 7 of 8 Contract # Propane Fire Pit Program Matching Funds SCOPE OF WORK Administrative Costs Expense Cap MCAQD’s administrative expenses will be covered by MCAQD. Matching Funds and Cost-Share Funds MCAQD will be providing $50,000 in funding to the Propane Fire Pit Program to a total of 1,000 program participants. APGA will be providing $25,000 in funding to the Propane Fire Pit Program to a total of 1,000 program participants. The total funding available to each participant will be $75. Page 8 of 8