PM-98T03501-0 (MARICOPA CNTY).PDF
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PM - 98T03501 - 0 Page 1 GRANT NUMBER (FAIN): 98T03501 MODIFICATION NUMBER: 0 DATE OF AWARD PROGRAM CODE: PM 04/09/2020 U.S. ENVIRONMENTAL PROTECTION AGENCY TYPE OF ACTION New MAILING DATE 04/16/2020 Grant Agreement PAYMENT METHOD: Advance ACH# 90179 RECIPIENT TYPE: County Send Payment Request to: Research Triangle Park 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 Ben Davis 3800 N. Central Avenue, Suite 1400 Phoenix, AZ 85012 E-Mail: ben.davis@maricopa.gov Phone: 602-506-2601 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 PM 2.5 Air Monitoring Network The purpose of this grant is to provide funding to monitor fine particulate matter with the diameter equal to or smaller than 2.5 micrometers (PM 2.5), in order to determine compliance with the PM 2.5 National Ambient Air Quality Standards and determine deductions in air emissions. This grant agreement provides full federal funding in the amount of $129,245. See terms and conditions. Preaward costs have been approved back to April 1, 2020. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 04/01/2020 - 03/31/2021 04/01/2020 - 03/31/2021 $129,245.00 $129,245.00 NOTICE OF AWARD Based on your Application dated 03/05/2020 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $129,245. EPA agrees to cost-share 100.00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $129,245. 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 04/09/2020 EPA Funding Information PM - 98T03501 - 0 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $ 129,245 $ 129,245 EPA In-Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $ 0 Other Federal Funds $ $ $ 0 Recipient Contribution $ $ $ 0 State Contribution $ $ $ 0 Local Contribution $ $ $ 0 Other Contribution $ $ $ 0 Allowable Project Cost $ 0 $ 129,245 $ 129,245 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.034 - Surveys-Studies-Investigations-Demonstrations and Special Purpose Activities relating to the Clean Air Act Clean Air Act: Sec. 103 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 - 2009M9S023 20 E1 09M1 000A04XPM 4112 - - 129,245 129,245 (PageBreak) PM - 98T03501 - 0 Page 3 Budget Summary Page Table A - Object Class Category (Non-construction) Total Approved Allowable Budget Period Cost 1. Personnel $21,001 2. Fringe Benefits $8,882 3. Travel $6,000 4. Equipment $80,000 5. Supplies $4,024 6. Contractual $0 7. Construction $0 8. Other $0 9. Total Direct Charges $119,907 10. Indirect Costs: % Base See terms and conditions $9,338 11. Total (Share: Recipient 0.00 % Federal 100.00 %.) $129,245 12. Total Approved Assistance Amount $129,245 13. Program Income $0 14. Total EPA Amount Awarded This Action $129,245 15. Total EPA Amount Awarded To Date $129,245 (PageBreak) PM - 98T03501 - 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. 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) Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list. 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 General Compliance, 40 CFR, Part 33, Subpart E – Non-Reporting Condition This award does not meet the conditions below and is not subject to Disadvantaged Business Enterprise (DBE) Program reporting requirements based on EPA’s review of the planned budget. However, if during the performance of the award the total of all funds expended for direct procurement by the recipient and procurement under subawards or loans in the “Other” category exceeds the Simplified Acquisition Threshold (currently set at $250,000), annual reports will then be required and you must notify your EPA grant specialist for additional instructions. 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 also agrees to request prior approval from EPA for procurements that may activate DBE Program reporting requirements. This provision represents an approved deviation from the MBE/WBE reporting requirements as described in 40 CFR, Part 33, Section 33.502. Programmatic Conditions a. Quality Assistance: This grant includes the performance of environmental measurements; therefore a Quality Management Plan (QMP) and Quality Assurance Project Plans (QAPPs) are required. QA plans are current for five years, after which time they should be reviewed, revised and submitted to EPA for approval. The Maricopa County Air Quality Division's Quality Management Plan (QMP) that was approved on February 19, 2014. MCAQD revised, and submitted the QMP to EPA for review on February 20, 2020. The QAPP for Criteria Pollutants was submitted and reviewed by EPA, comments were sent to the grantee on 12/12/2019. The Maricopa County Air Quality Division will revise and resubmit to EPA. EPA's Quality Assurance Office can be contacted at 415-972-3431. b. Performance Reporting: In accordance with 2 CFR 200.328, the recipient agrees to inform EPA as soon as problems, delays or adverse conditions become known which will materially impair the ability to meet the outputs/outcomes specified in the assistance agreement work plan. Since this grant is solely for the purpose of monitoring, quarterly reporting is required in the form of data entered into EPA's national Air Quality System (AQS) database. c. Competency of Organizations Generating Environmental Measurement Data : Following EPA Policy Director Number FEM-2012-02, recipient agrees to demonstrate competency of any laboratory carrying out any activities involving the generation of environmental data on its behalf. Laboratory competency shall be maintained for the duration of the project period of this agreement and documented during the annual reporting process. A copy of the Policy is available online at https://www.epa.gov/measurements d. Green/Environmentally Sustainable Practices : Consistent with local, state, and federal grant procurement rules, recipient shall, when feasible, purchase environmentally preferable products/services and hold conferences/meetings using environmentally preferable measures. Environmentally preferable products/services and environmentally preferable measures include those that have a lesser or reduced effect on the environment when compared with competing products, services, or measures that serve the same purpose. This comparison may consider raw material acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service. In addition, environmentally preferable measures for conferences/meetings apply to large gatherings of ten or more persons. e. Problems, Delays or Adverse Conditions : In accordance with 2 CFR 200.328(d)(1), the recipient agrees to inform EPA as soon as problems, delays or adverse conditions become known which materially impair the ability to meet the outputs/outcomes in the assistance agreement work plan. f. 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 DOCUMENT - - -