FY20 DERA YUMA UNION HS PARTIALLY SIGNED IGA.PDF

INTERGOVERNMENTAL SERVICE AGREEMENT Page 1of7 .
MARICOPA COUNTY AIR QUALITY DEPARTMENT Program OB). State Clean Diesel Grant
&
Federal Award ID (FAIN): 99T63001
YUMA UNION HIGH SCHOOL DISTRICT .

NO. 70 EPA Award Date: August 18, 2020
Effective Date: Upon Final Signature
Termination Date: September 30, 2021

COUNTY SUBRECIPIENT

Agreement Title: State Clean Diesel Grant Program Sub Award

Maricopa County Yuma Union High School District #70

3800 N Central Ave. Suite 1400 3150 Ave. A .
Phoenix, AZ 85012 Yuma, AZ 85364-7928 OCT 13 2020
Name: Philip A. McNeely Name: Gina M. Thompson

Title: AQD Director Title: Superintendent MARICOPA COUNTY
Phone: 602.506.6701 Phone 928.502.4605 AIR QUALITY DEPARTMENT

SAM Name: Yuma Union High School District No 70
System of Award Management (SAM) No.:020690392
Congressional District: AZ 03

THIS CONTRACT is between MARICOPA COUNTY [hereinafter referred to as the “Maricopa County” or ‘the County”] and Yuma
Union High School District #70 (YUHSD).

The purpose of this Agreement is to administer the funding provided by the Environmental Protection Agency (EPA) through Maricopa
County to the subrecipient YUHSD for the State Clean Diesel Grant Program Funding provided through the Diesel Emissions Reduction
Act (DERA). As part of this Agreement, the Board of Supervisors is acting under the authority of A.R.S. 11-952 to enter into this
agreement.

YUHSD will assume the following responsibilities:

e YUHSD will procure the replacement of the vehicle/s in line with guidelines set forth by the FY2017-2018 State Clean Diesel
Grant Program Information Guide.

e YUHSD will provide a work plan via separate attachment to the County for review and approval prior to initiating work.

e YUHSD will ask for written prior approval from the County for any work plan changes prior to initiating work not approved
in original application/technical data worksheet.

e YUHSD will provide monthly reports to Maricopa County on the purchasing of the new vehicles and any issues that arise.
e¢ YUHSD will provide quarterly reports with complete updated technical data worksheet.

e¢ YUHSD will register as an entity on Sam.gov in order to receive federal grant funds.

¢ YUHSD will register as a vendor to Maricopa County in order to be reimbursed for purchases.

e YUHSD will provide detailed invoices to Maricopa County in order to be reimbursed for purchases.

e YUHSD will complete all work defined in the project work plan by September 30, 2021.

¢ YUHSD will submit all final project data required to close out the grant including programmatic, financial and environmental
results including a final updated technical data worksheet.

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2.2

2.3

2.4

6.1

6.2

10.

11.

12.

12.1

AGREEMENT TERMS

Recitals: The purpose of this Agreement is to administer the Diesel Emission Reduction Act (DERA) sub award, as explained
under 42 U.S.C. 16133.

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.

“U.S.C.” means United States Code.

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

“County” means MARICOPA COUNTY, which is acting on behalf of the State of Arizona.
"Parties" means Yuma Union High School District #70 (YUHSD) and MARICOPA COUNTY.

Access to Information: Subject to statutory confidentiality requirements of the County and YUHSD, 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.

Amendment: This Agreement may be modified only by written Amendment signed by the Director or designee, of YUHSD
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.

Amount of Agreement: A maximum amount of $92,000.00 will be funded under this Agreement.

Governing Law:

This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona.

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.

Assignment: Neither Party may assign any rights hereunder without the express, written, prior consent of the other Party.

Audit of Records: YUHSD 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 YUHSD shall produce the original of any or all such records. Examples of such records include:

a. Subrecipient financial statements and reports

b. Programmatic reports including information on environmental results

c. Audit findings

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, 2021.

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

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.

Notices, Correspondence, Reports and Invoices:

All notices and correspondence from the County shall be sent to:

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Ron Schepers, Director of Transportation
Yuma Schools Transportation Consortium
8550 E. 24h St.

Yuma, AZ 85365

(928) 502-8840

rschepers@yuma.org

12.2 All correspondence relating to the execution of the Agreement, clarification of this Agreement, and Agreement Amendments

shall be sent to:

For Yuma Union High School District #70 For Maricopa County:

Dianne Cordery, Chief Financial Officer Larz Garcia, Grant Programs Administrator
Yuma Union High School District #70 Maricopa County Air Quality

3150 S. Avenue A, Building A. 1001 N. Central Avenue #125

Yuma, AZ 85364 Phoenix, AZ 85004

(928) 502-4606 (602) 506-0147

deordery@yumaunion.org larzgarcia@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.

14, Ownership of Information: Title to all documents, reports and data prepared in the course of this Agreement by YUHSD
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.

15. 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, YUHSD will provide quarterly status reports.

16. 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.

17. Termination:

17.1 YUHSD 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.

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

18. Indemnification:

18.1 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, negligence, misconduct,
or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers.

DIESEL EMISSIONS REDUCTION ACT STATE CLEAN DIESEL GRANT PROGRAM OVERVIEW

Administration

Maricopa County Air Quality Department (MCAQD) will administer the Diesel Emissions Reduction Act (DERA) State Clean
Diesel Program in Maricopa County under authorization from the State of Arizona and the EPA. YUHSD will limit administrative
costs to the program by using existent funds and staff. Costs to the DERA fund will be limited to YUHSD administrative costs if
approved in the application, and equipment reimbursable costs.

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DERA will allow for vehicles 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 YUHSD will
be responsible for the cost share amount.

DERA Eligible Activities DERA Funding Limits Minimum Mandatory
(DERA Funds + Voluntary Cost-Share (Fleet Owner
Match) Contribution)

Exhaust Control Retrofit 100% 0%

Engine Upgrade / 40% 60%

Remanufacture

Highway Idle Reduction 25% 75%

Locomotive Idle Reduction 40% 60%

Marine Shore Power 25% 75%

Electrified Parking Space 30% 70%

Engine Replacement— Diesel 40% 60%

or Alternative Fuel

Engine Replacement— Low 50% 50%

NOx

Engine Replacement— All- 60% 40%

Electric

Vehicle/Equipment 25% 715%

Replacement— Diesel or

Alternative Fuel

Vehicle/Equipment 35% 65%

Replacement

— Low NOx

Vehicle/Equipment 45% 55%

Replacement

— All-Electric

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 unallowability of costs.

Sub award monies are to be used only during the period of the agreement effective date through September 30, 2021. 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
YUHSD for cancellable obligations properly incurred prior to termination notice.

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N

Destruction Requirements

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 MCAQD Grant Programs 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.

SCOPE OF WORK

The YUHSD, under the authorization of Maricopa County in accordance with 42 U.S.C. 16133, shall administer the Diesel
Emissions Reduction Act (DERA) State Clean Diesel Grant Program.

The County shall provide the following services:
11 Maricopa County will review and pay program invoices submitted by YUHSD.

12 Maricopa County will verify emissions reductions from the vehicles retrofitted or replaced. Maricopa County will collect
data from the YUHSD and submit quarterly reports as required by the EPA. On December 30, 2021, the County shall
prepare and submit a final report to the EPA that contains at least the following information:

The number of vehicles retrofitted or replaced by model year.

The quantity and nature of vehicle emissions reduced.

The cost-effectiveness of the DERA in terms of dollars spent per ton of vehicle emission reductions.
Any recommendations for improving the effectiveness of the DERA.

The administrative costs of the DERA.

eneop

YUHSD, shall provide the following services:

2.1 Follow all program requirements as detailed in the FY2019-2020 State Clean Diesel Grant Program Information
Guide as published by the EPA - Office of Transportation and Air Quality, February 2020.

2.2 Determine and verify eligibility of retrofit components and/or vehicles 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.

25 Follow all program requirements as detailed in the FY2017-2018 State Clean Diesel 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.
2.6 Establish and follow written policies required by the 2 CFR 200:

Suspension and Debarment (per 2 CFR §200.213)

Cash Management (per 2 CFR §200.302 (b)(6))

Allowability of Costs (per 2 CFR §200.302(b)(7) and Subsection E-Cost Principles)
Conflict of Interest (per CFR §200.318(c)(1-2)

General Procurement Standards (per 2 CFR §200.318 through 200.326)

Bao TP

2.7 Upon agreement effective date, order, receive and document replacement vehicles.

2.8 Submit quarterly reports and vehicle data as requested by the County.

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Invoice Maricopa County for program costs associated with implementing the DERA.

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.

APPROVED WORK PLAN
Vehicles Cost Per DERA Cost Share
Vehicle
Yuma Union High] 2005 International} $168,000 $42,000 $126,000
School District School Bus
2005 International} $168,000 $42,000 $126,000
School Bus
@ 2.38% Indirect costs $8,000 $8,000
Subtotal 2 Vehicles $344,000 $92,000 $252,000
APPROVED VEHICLES
Vehicle Identification 4DRBUAAL86B235900 ADRBUAALX6B235901
Number(s):
Vehicle Make: International International
Engine Serial Number(s): 2U2074320 2U2074326
Engine Make: International International
Engine Model Year: 2005 2005

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IN WITNESS WHEREOF, the parties have executed this “Agreement” as of the date set forth above;

MARICOPA COUNTY:

Clint Hickman, Chair

Maricopa County Board of Supervisors

Attest by:

Fran McCarroll, Clerk of the Board

Maricopa County

YUMA UNION HIGH SCHOOL DISTRICT NO 70:

“Dionne, C. x clever

Dianne Cordery, Chief Financial Officer

Date

Date

1o/8/20

ae Jn es

Signature

Yuma Union High School District #70 (YUHSD)

Approved as to Form:

Date

In accordance with A.R.S. §§ 11-201, 11-251, 11-951 and 11-952, the foregoing Agreement has been reviewed by the
undersigned attomeys 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.

Talia J. Offord, Senior Deputy County Attorney

Maricopa County

<—?.

Date

Poel.

=

Ben Hufford, Attorney

Yuma Union High School District #70 (YUHSD)

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Date