EPA105_FFY20_A-00905220-0 MCAQD.PDF
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A - 00905220 - 0 Page 1 GRANT NUMBER (FAIN): 00905220 MODIFICATION NUMBER: 0 DATE OF AWARD PROGRAM CODE: A 06/01/2020 U.S. ENVIRONMENTAL PROTECTION AGENCY TYPE OF ACTION New MAILING DATE 06/08/2020 Grant Agreement 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 Philip McNeely 3800 N. Central Avenue, Suite 1400 Phoenix, AZ 85012 E-Mail: PhilMcNeely@mail.maricopa.gov Phone: 602-506-6701 Sharon Bowen 75 Hawthorne Street, AIR-1-1 San Francisco, CA 94105 E-Mail: bowen.sharon@epa.gov Phone: 415-947-4250 Renee Chan Grants Branch, MSD-6 E-Mail: Chan.Renee@epa.gov Phone: 415-972-3675 PROJECT TITLE AND DESCRIPTION FY-2020 Air Pollution Control Program This agreement will provide assistance to the Maricopa County Air Quality Department in its efforts to implement air pollution control programs throughout the County of Maricopa, including continuing development and implementation of stationary source regulations; continuing promulgation and update of enhanced mobile source regulations; improvement of emission inventories for modeling simulations; operating an air monitoring network; and other air planning activities. These activities are to improve and maintain the public's air quality. This grant agreement will provide continuing support for activities which include strategic planning and evaluation, developing state implementation plans, monitoring air and emissions, rule making, operating permits and all other program related activities to reduce risks to human health and the environment. This award provides full federal funding in the amount of $1,105,397. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 10/01/2019 - 09/30/2020 10/01/2019 - 09/30/2020 $9,788,306.00 $9,788,306.00 NOTICE OF AWARD Based on your Application dated 07/31/2019 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $1,105,397. EPA agrees to cost-share 11.29% of all approved budget period costs incurred, up to and not exceeding total federal funding of $1,105,397. 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 06/01/2020 EPA Funding Information A - 00905220 - 0 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $ 1,105,397 $ 1,105,397 EPA In-Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $ 0 Other Federal Funds $ $ $ 0 Recipient Contribution $ $ 8,682,909 $ 8,682,909 State Contribution $ $ $ 0 Local Contribution $ $ $ 0 Other Contribution $ $ $ 0 Allowable Project Cost $ 0 $ 9,788,306 $ 9,788,306 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.001 - Air Pollution Control Program Support Clean Air Act: Sec. 105 2 CFR 200 2 CFR 1500 40 CFR 33 and 40 CFR 35 Subpart A Fiscal Site Name Req No FY Approp. Code Budget Organization PRC Object Class Site/Project Cost Organization Obligation / Deobligation - 2009M9S043 20 E1 09M1 000A04 4112 - - 1,105,397 1,105,397 (PageBreak) A - 00905220 - 0 Page 3 Budget Summary Page Table A - Object Class Category (Non-construction) Total Approved Allowable Budget Period Cost 1. Personnel $5,155,240 2. Fringe Benefits $2,062,096 3. Travel $2,750 4. Equipment $0 5. Supplies $113,344 6. Contractual $535,073 7. Construction $0 8. Other $63,674 9. Total Direct Charges $7,932,177 10. Indirect Costs: % Base Indirect Cost Plan $1,856,129 11. Total (Share: Recipient 88.71 % Federal 11.29 %.) $9,788,306 12. Total Approved Assistance Amount $1,105,397 13. Program Income $0 14. Total EPA Amount Awarded This Action $1,105,397 15. Total EPA Amount Awarded To Date $1,105,397 Table B - Program Element Classification (Non-construction) Total Approved Allowable Budget Period Cost 1. Total approved budget includes $ 2. $-0- in estimated non-federal, $ 3. non-recurrent expenditures. $ 4. $ 5. Cost-Share Requirement: 40% and MOE $ 6. $ 7. $ 8. $ 9. $ 10. $ 11. Total (Share: Recip % Fed %) $ 12. Total Approved Assistance Amount $ (PageBreak) A - 00905220 - 0 Page 4 Administrative Conditions General Terms and Conditions 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 in addition to 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. The recipient shall identify non-federal, non-recurrent expenditures in Block 12 (Remarks) of the FFR or include the information as an attachment to the FFR on a separate page. The recipient also agrees to include a statement certifying that supplanting did not occur. 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 This award meets the conditions below and, henceforth, is subject to Disadvantaged Business Enterprise (DBE) Program reporting requirements based on EPA’s review of the planned budget. Conversely, the recipient must submit to the GrantsRegion9@epa.gov a justification and budget detail within 21 days of the award date demonstrating that this award is not subject to the DBE reporting requirements. MBE/WBE reports from grantees are 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 subawards 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. The recipient agrees to complete and submit a “MBE/WBE Utilization under Federal Grants, Cooperative agreements ” report (EPA Form 5700-52A) on an annual basis. All procurement actions that are reportable, not just that portion which exceeds the Simplified Acquisition Threshold. 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 must check the box indicated for the “last report” of the project in section 1B of the form. Annual reports are due by October 30 th of each year. Final reports are due by October 30 th 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 assigned EPA 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. Cost-Share Requirement and Maintenance of Effort The required minimum recipient cost share for this assistance agreement is 40% of total project costs, or Maintenance of Effort (MOE) level of $8,680,809 (final MOE for FY-2019), whichever is greater. The assistance agreement may reflect a percentage shown under the "Notice of Award" section which is based on estimated costs requested in the recipient's application. Programmatic Conditions a). PERFORMANCE REPORTING AND FINAL PERFORMANCE REPORT Performance Reports – Content In accordance with 2 CFR 200.328, the recipient agrees to submit performance reports that include brief information on each of the following areas: 1) A comparison of actual accomplishments to the outputs/outcomes established in the assistance agreement work plan for the period; 2) The reasons why established outputs/outcomes were not met; and 3) Additional pertinent information, including, when appropriate, analysis and explanation of cost overruns or high-unit costs. In accordance with 2 CFR 200.328(2)(d)(1), the recipient agrees that it will notify EPA of problems, delays, or adverse conditions which materially impair the ability to meet the outputs/outcomes specified in the assistance agreement work plan. In addition, performance reports must prominently display the three Essential Elements required for state/local workplans and reports. They are: - Essential Element 1 - Strategic Plan Goal - Essential Element 2 - Strategic Plan Objective - Essential Element 3 - Workplan Commitments plus time frame The Final report will include any agreed-upon work-product(s) resulting from the project and the following: 1) an abstract or overview of the project including completed workplan activities; 2) a comparison of actual accomplishments with the anticipated outputs/outcomes specified in the assistance agreement work plan; 3) reasons why anticipated outputs/outcomes were not met; 4) other pertinent information, including, when appropriate, analysis and explanation of cost overruns or high unit costs; 5) the methods to be used to effectively disseminate project information and/or continue the benefits of this project (although the project itself may not be continuing); and 6) materials generated in connection with the project activities (e.g., workshop announcements, newspaper/newsletter announcements, articles or releases, press packets, pamphlets, etc.). Performance Reports - Frequency Mid-year report: The recipient shall submit the mid-year performance report no later than 30 calendar days after the end of the 2nd Federal fiscal quarter (April 30) and the 4th Federal fiscal quarter (October 31). Final Performance Report: The recipient agrees to submit two copies of the Final Performance Report to the EPA Project Officer within 90 days after the end of the budget/project period. b). Verification of Annual Recurring Maintenance of Effort (MOE). In accordance with Section 105 of the Clean Air Act, a Recipient's MOE must meet or exceed its prior year's MOE level. As required by General Term and Condition 14, the Recipient shall submit an annual (interim) Federal Financial Report (FFR), Standard Form 425 (SF-425), to EPA no later than 90 calendar days after the end of each budget period year. The form is available on the internet at http://www.epa.gov/ocfo/finservices/forms.htm. The FFR will be submitted electronically to rtpfc-grants@epa.gov no later than December 30 of the same calendar year. An electronic copy should also be sent to the EPA Project Officer. Included with the annual FFR must be an analysis of the recipient’s recurrent and non-recurrent expenditures. If such analysis is unavailable for the current period, as authorized by the statutory authority, the recipient may provide such totals for the prior year. c). QUALITY ASSURANCE This grant includes the performance of environmental measurements; therefore Quality Assurance Planning Documents are required. Quality Assurance Project Plans for NOx, SOx, CO, ozone and PM2.5 monitoring were approved by Maricopa County Air Quality Department and EPA on 12/12/2019. The Maricopa County Air Quality Department’s QMP was approved on 4/15/2020. d). Competency Policy -- Competency of Organizations Generating Environmental Measurement Data In accordance with Agency Policy Directive Number FEM-2012-02, Policy to Assure the Competency of Organizations Generating Environmental Measurement Data under Agency-Funded Assistance Agreements, the recipient agrees, by entering into this agreement, that it has demonstrated competency prior to award, or alternatively, where a pre-award demonstration of competency is not practicable, Recipient agrees to demonstrate competency prior to carrying out any activities under the award involving the generation or use of environmental data. Recipient shall maintain competency for the duration of the project period of this agreement and this will be documented during the annual reporting process. A copy of the Policy is available online at https://www.epa.gov/sites/production/files/2015-03/documents/competency-policy-aaia-new.pdf or a copy may also be requested by contacting the EPA Project Officer for this award. In accordance with the Competency Policy, as Project Officer, I have determined that the recipient meets the requirements for demonstration of competence through ongoing successful "past performance to similar statement of work‟ for this continuing environmental program. e). Cybersecurity: (a) The recipient agrees that when collecting and managing environmental data under this assistance agreement, it will protect the data by following all State or Tribal law cybersecurity requirements as applicable. (b)(1) EPA must ensure that any connections between the recipient’s network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. For purposes of this Section, a connection is defined as a dedicated persistent interface between an Agency IT system and an external IT system for the purpose of transferring information. Transitory, user-controlled connections such as website browsing are excluded from this definition. If the recipient’s connections as defined above do not go through the Environmental Information Exchange Network or EPA’s Central Data Exchange, the recipient agrees to contact the EPA Project Officer (PO) no later than 90 days after the date of this award and work with the designated Regional/Headquarters Information Security Officer to ensure that the connections meet EPA security requirements, including entering into Interconnection Service Agreements as appropriate. This condition does not apply to manual entry of data by the recipient into systems operated and used by EPA’s regulatory programs for the submission of reporting and/or compliance data. (b)(2) The recipient agrees that any subawards it makes under this agreement will require the subrecipient to comply with the requirements in (b)(1) if the subrecipient’s network or information system is connected to EPA networks to transfer data to the Agency using systems other than the Environmental Information Exchange Network or EPA’s Central Data Exchange. The recipient will be in compliance with this condition: by including this requirement in subaward agreements; and during subrecipient monitoring deemed necessary by the recipient under 2 CFR 200.331(d), by inquiring whether the subrecipient has contacted the EPA Project Officer. Nothing in this condition requires the recipient to contact the EPA Project Officer on behalf of a subrecipient or to be involved in the negotiation of an Interconnection Service Agreement between the subrecipient and EPA. -- End of Agreement --