DS-99T85301-1 MARICOPA - AZ STATE.PDF
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DS - 99T85301 - 1 Page 1 GRANT NUMBER (FAIN): 99T85301 MODIFICATION NUMBER: 1 DATE OF AWARD PROGRAM CODE: DS 08/18/2020 U.S. ENVIRONMENTAL PROTECTION AGENCY TYPE OF ACTION Augmentation: Increase MAILING DATE 08/25/2020 Assistance Amendment PAYMENT METHOD: Advance ACH# 90179 RECIPIENT TYPE: County Send Payment Request to: US EPA RTP-Finance Center Email: rtpfc-grants@epa.gov RECIPIENT: PAYEE: Maricopa County Air Quality Department 3800 N. Central Avenue, Suite 1400 Phoenix, AZ 85012 EIN: 86-6000472 Maricopa County Air Quality Department 3800 N. Central Avenue, Suite 1400 Phoenix, AZ 85012 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Larz Garcia 3800 N. Central Avenue, Suite 1400 Phoenix, AZ 85012 E-Mail: Larz.Garcia@maricopa.gov Phone: 602-506-0147 Cara Gillen 75 Hawthorne Street, AIR-4-1 San Francisco, CA 94105 E-Mail: Gillen.Cara@epa.gov Phone: 415-972-3382 Renee Chan Grants Branch, MSD-6 E-Mail: Chan.Renee@epa.gov Phone: 415-972-3675 PROJECT TITLE AND EXPLANATION OF CHANGES STATE CLEAN DIESEL GRANT PROGRAM This agreement will provide assistance to the Maricopa County Air Quality Department in its efforts to reduce diesel emissions and exposure throughout the State of Arizona. This project will replace diesel school buses and trucks with alternative fuel, propane and battery operated vehicles that will reduce emissions of diesel particulate matter and other pollutants such as nitrogen oxides, carbon monoxide and hydrocarbons. This assistance amendment provides additional federal funding in the amount of $520,724, from $486,183, to the revised Total Approved Assistance Amount of $1,006,907. In addition, this action extends the budget and project period end dates from 09/30/2021 to 09/30/2022. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 10/01/2019 - 09/30/2022 10/01/2019 - 09/30/2022 $5,623,628.00 $5,623,628.00 NOTICE OF AWARD Based on your Application dated 05/14/2020 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $520,724. EPA agrees to cost-share 17.90% of all approved budget period costs incurred, up to and not exceeding total federal funding of $1,006,907. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by either: 1) drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date. In case of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds provided by this award/amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions, all terms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS U.S. EPA, Region 9 Grants Branch, MSD-6 75 Hawthorne Street San Francisco, CA 94105 U.S. EPA, Region 9 Air and Radiation Division, AIR-1 75 Hawthorne Street San Francisco, CA 94105 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY Digital signature applied by EPA Award Official Carolyn Truong - Grants Management Officer DATE 08/18/2020 EPA Funding Information DS - 99T85301 - 1 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ 486,183 $ 520,724 $ 1,006,907 EPA In-Kind Amount $ 0 $ $ 0 Unexpended Prior Year Balance $ 0 $ $ 0 Other Federal Funds $ 0 $ $ 0 Recipient Contribution $ 324,122 $ 347,149 $ 671,271 State Contribution $ 0 $ $ 0 Local Contribution $ 2,327,031 $ 1,474,335 $ 3,801,366 Other Contribution $ 144,084 $ $ 144,084 Allowable Project Cost $ 3,281,420 $ 2,342,208 $ 5,623,628 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.040 - State Clean Diesel Grant Program (B) Diesel Emissions Reduction Act of 2010 codified at 42 U.S.C. 16131 et seq Further Consolidated Appropriations Act 2020 (P.L. 116-94) 2 CFR 200 2 CFR 1500 and 40 CFR 33 Fiscal Site Name Req No FY Approp. Code Budget Organization PRC Object Class Site/Project Cost Organization Obligation / Deobligation - 2009M9S055 20 E4 09M1 000AH4 4123 - - 520,724 520,724 (PageBreak) DS - 99T85301 - 1 Page 3 Budget Summary Page Table A - Object Class Category (Non-construction) Total Approved Allowable Budget Period Cost 1. Personnel $97,553 2. Fringe Benefits $39,217 3. Travel $11,400 4. Equipment $0 5. Supplies $1,195 6. Contractual $0 7. Construction $0 8. Other $5,437,938 9. Total Direct Charges $5,587,303 10. Indirect Costs: % Base see General T/C $36,325 11. Total (Share: Recipient 82.10 % Federal 17.90 %.) $5,623,628 12. Total Approved Assistance Amount $1,006,907 13. Program Income $0 14. Total EPA Amount Awarded This Action $520,724 15. Total EPA Amount Awarded To Date $1,006,907 (PageBreak) DS - 99T85301 - 1 Page 4 Administrative Conditions General, Administrative, and Programmatic Terms and Conditions remain in full force and effect. See paragraph below for the most current EPA General Terms and Conditions. Programmatic terms and conditions for FY-2020 are updated and attached. All applicable terms and conditions are reflected in this assistance amendment, DS-99T85301-1. General Terms and Conditions The General Terms and Conditions of this agreement are updated in accordance with the link below. However, these updated conditions apply solely to the funds added with this amendment and any previously awarded funds not yet disbursed by the recipient as of the award date of this amendment. The General Terms and Conditions cited in the original award or prior funded amendments remain in effect for funds disbursed by the recipient prior to the award date of this amendment. The recipient agrees to comply with the current EPA general terms and conditions available at: https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-october-1-2019-or-later These terms and conditions are binding for disbursements and are in addition to or modify the assurances and certifications made as a part of the award and the terms, conditions, or restrictions cited throughout the award. The EPA repository for the general terms and conditions by year can be found at: https://www.epa.gov/grants/grant-terms-and-conditions. A. Federal Financial Reporting (FFR) For awards with cumulative project and budget periods greater than 12 months, the recipient will submit an annual FFR (SF 425) covering the period from "project/budget period start date" to September 30 of each calendar year to the EPA Finance Center in Research Triangle Park, NC. The FFR will be submitted electronically to rtpfc-grants@epa.gov no later than December 30 of the same calendar year. B. Procurement The recipient will ensure all procurement transactions will be conducted in a manner providing full and open competition consistent with 2 CFR Part 200.319. In accordance 2 CFR Part 200.323 the grantee and subgrantee(s) must perform a cost or price analysis in connection with applicable procurement actions, including contract modifications. State recipients must follow procurement procedures as outlined in 2 CFR Part 200.317. C. Six Good Faith Efforts 40 CFR § 33, Subpart C /Contract Provisions /Bidders List Pursuant to 40 CFR § 33.301, the recipient agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to require that sub-recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: (a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR § 33.302 The recipient agrees to comply with the contract administration provisions of 40 CFR § 33.302 (a)-(d) and (i). BIDDERS LIST, 40 CFR § 33.501(b) and (c) The recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list. The recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR § 33.501 (b) and (c) for specific requirements and exemptions. D. Disadvantaged Business Enterprise (DBEs) - UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS ENTERPRISES GENERAL COMPLIANCE, 40 CFR, Part 33 The recipient agrees to comply with the requirements of EPA's Disadvantaged Business Enterprise (DBE) Program for procurement activities under assistance agreements, contained in 40 CFR, Part 33 except as described below based upon the associated class deviation. EPA MBE/WBE CERTIFICATION, 40 CFR, Part 33, Subpart B A class exception to the following provisions of Subpart B of 40 CFR Part 33 has been issued suspending the EPA MBE/WBE certification program: §33.204(a)(3) providing that an entity may apply to EPA MBE or WBE certification after unsuccessfully attempting to obtain certification as otherwise described in §33.204; and §33.205 through and including §33.211. The class exception was authorized pursuant to the authority in 2 CFR §1500.3(b). FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D A class exception to the entire Subpart D of 40 CFR Part 33 has been authorized pursuant to the authority in 2 CFR §1500.3(b). Notwithstanding Subpart D of 40 CFR Part 33, recipients are not required to negotiate or apply fair share objectives in procurements under assistance agreements. E. MBE/WBE Reporting – Reporting Condition General Compliance, 40 CFR Part 33, Subpart E MBE/WBE reporting is required annually for assistance agreements where there are funds budgeted for procuring construction, equipment, services and supplies, including funds budgeted for direct procurement by the recipient or procurement under sub-awards or loans in the “Other” category that exceed the Simplified Acquisition Threshold as defined by the Federal Acquisition Regulation (currently set at $250,000), including amendments and/or modifications. Based on EPA’s review of the planned budget, this award has the potential to meet the conditions above and may be subject to the Disadvantaged Business Enterprise (DBE) Program reporting requirements. While the recipient’s direct procurement budget is less than the Simplified Acquisition Threshold, procurement within the planned sub-awards included in the “other” category may cause the threshold to be exceeded. Since it is unclear at the time of this award whether funds budgeted in the “other” category triggers reporting, the recipient must make reporting a requirement of all sub-awards/loans and use these reports to determine whether recipient reporting is necessary. If cumulative funds budgeted or expended during the period of the agreement exceed the Simplified Acquisition Threshold amount, the recipient is required to submit a “MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements” report (EPA Form 5700-52A) on an annual basis. All procurement actions are reportable, not just that portion that exceeds the Simplified Acquisition Threshold amount. If the recipient believes this award does not meet these conditions, it must provide GrantsRegion9@epa.gov and the assigned grants specialist with a justification and budget detail within 21 days of the award date clearly demonstrating that, based on the planned budget, this award is not subject to the DBE reporting requirements. When completing the annual report, recipients are instructed to check the box titled “annual” in section 1B of the form. For the final report, recipients are instructed to check the box indicated for the “last report” of the project in section 1B of the form. Annual reports are due by October 30th of each year. Final reports are due by October 30th or 90 days after the end of the project period, whichever comes first. The reporting requirement is based on total procurements. Recipients with expended and/or budgeted funds for procurement are required to report annually whether the planned procurements take place during the reporting period or not. If no budgeted procurements take place during the reporting period, the recipient should check the box in section 5B when completing the form. MBE/WBE reports should be sent to GrantsRegion9@epa.gov and the assigned grants specialist. The current EPA Form 5700-52A is located at https://www.epa.gov/grants/epa-form-5700-52a-united-states-environmental-protection-agency-mino rity-business. This provision represents an approved deviation from the MBE/WBE reporting requirements as described in 40 CFR, Part 33, Section 33.502. F. Non-Federal Third-Party Contributions This award includes $3,945,450 of estimated non-federal third party contributions. Third party contributions counting towards satisfying a cost sharing or matching requirement must be verifiable from the records of grantees and subgrantees. As applicable, these records must reflect how the value is placed on third party contributions. The value of third party contributions must be applicable to the period to which the cost sharing or matching requirement apply (2 CFR Part 200.306). Programmatic Conditions See Attached 'Maricopa Cnty DS99T85301-1 FY-2020 Program DERA T-Cs'. Maricopa Cnty DS99T85301-1 FY-2020 Program DERA T-Cs.docx Maricopa Cnty DS99T85301-1 FY-2020 Program DERA T-Cs.docx -- End of Agreement --