MARICOPA LG FY 2025 AGREEMENT.PDF

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AGREEMENT  
 
NO. EV24-0065 
 
between 
 
MARICOPA COUNTY THROUGH ITS AIR QUALITY DEPARTMENT 
 
and 
 
ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY 
  
 
WHEREAS, THIS AGREEMENT is between the ARIZONA DEPARTMENT OF 
ENVIRONMENTAL QUALITY [hereinafter referred to as the “Department” or “ADEQ”], 
authorized to contract pursuant to A.R.S. § 49-104(B), and MARICOPA COUNTY through its 
AIR QUALITY DEPARTMENT [hereinafter referred to as the “Maricopa County” or “the 
County”]. 
  
THEREFORE, ADEQ and MARICOPA COUNTY agree to the terms contained in this 
Agreement.  
 
I. 
PURPOSE AND SCOPE OF AGREEMENT 
The purpose of this Agreement to fund the Voluntary Lawn and Garden Emissions 
Reduction Program [hereinafter referred to as “the Program”], in Maricopa County, which 
Maricopa County is required to administer pursuant to A.R.S. § 49-474.02. ADEQ is 
authorized to fund the Program pursuant to A.R.S. § 49-551. 
 
This written Agreement includes all terms in this document and any modifications 
approved in accordance herewith, including Attachment 1: FY25 Voluntary Lawn and 
Garden Emissions Reduction Program Work Plan [hereinafter referred to as “Work Plan”]. 
 
II. 
TERM 
OF 
AGREEMENT, 
MODIFICATION, 
TERMINATION, 
AND 
INTEGRATION 
A. This Agreement shall be effective July 1, 2024 and shall terminate on June 30, 
2025, contingent upon funding.   
B. The Agreement may be modified or renegotiated for additional periods upon mutual 
written agreement by ADEQ and MARICOPA COUNTY, by formal contract 
amendment executed with the same formalities as this Agreement.  
C. Either party may terminate this Agreement at any earlier time by providing written 
notice to the other party at least thirty (30) days prior to the termination date.  
D. This Agreement constitutes the entire Agreement between the parties and 
supersedes all other prior understandings, whether oral or written, including prior 
Agreement No. ADEQ18-199102 upon this Agreement's effective date.

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III. 
DESCRIPTION OF SERVICES 
A. ADEQ shall: 
1. Authorize the use of the remaining FY24 Program funds for FY25. No 
additional funds are needed. 
B. MARICOPA COUNTY shall: 
1. Utilize the remaining FY24 Program funds for FY25 to administer the 
Program as required by A.R.S. § 49-474.02. 
2. Follow the specific requirements outlined in Attachment 1 Work Plan. 
C. See Attachment 1 Work Plan. 
 
IV. 
MANNER OF FINANCING AND PAYMENT 
A. ADEQ will not be contributing additional Program funds. Maricopa County shall 
utilize the remaining FY24 Program funds for FY25.  
B. Prior to the termination of this Agreement, ADEQ shall notify Maricopa County of 
its request to return any unused Program funds to ADEQ. If ADEQ requests return 
of funding that Maricopa County has not utilized by the end of this Agreement, 
Maricopa County shall return the remaining funds within thirty (30) days of the 
termination of this Agreement. If ADEQ does not notify Maricopa County of the 
requirement to return the remaining Program funds, Maricopa County shall retain 
the unused Program funds, which shall be cycled into the next fiscal year under the 
conditions of an amended or new agreement.  
C. Invoices will not be required, but Maricopa County shall follow the Reporting 
Requirements as outlined in this Agreement and Attachment 1: Work Plan. 
 
V. 
REPORTING REQUIREMENTS 
A. Maricopa County shall submit the following quarterly reports within sixty (60) days 
of the end of the quarter: (1) a certified expense report, and (2) program progress 
report. The elements of the certified expense report shall be aligned with activities 
noted in Attachment 1 Work Plan and the program outcomes specified in program 
progress report, to the extent that expenses track with program outcomes.  
B. Maricopa County shall follow any additional Reporting Requirements outlined in 
Attachment 1: Work Plan. 
 
VI. 
APPLICABLE LAW

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A. This Contract shall be governed by and construed in accordance with Arizona 
Revised Statutes Title 49 and other laws and regulations of the State of Arizona as 
applicable, including the Arizona Procurement Code at A.R.S. § 41-2501 et. seq. 
and administrative rules and regulations A.A.C. R2-7-101 et. seq. 
B. In the event of any judicial proceeding related to this Agreement or any 
unauthorized Subcontract the parties agree that venue shall be proper in Maricopa 
County, Arizona. See A.R.S. §§ 12-123 and 12-401(17). 
C. The parties to this Contract agree to resolve all disputes arising out of or relating to 
this contract through arbitration, after exhausting applicable administrative review, 
to the extent required by A.R.S. § 12-1518, except as may be required by other 
applicable statutes (Title 41). 
 
VII. 
SUBAWARDS 
a. 
MARICOPA COUNTY shall request and receive approval from ADEQ prior to 
issuing subawards funded through this Agreement. The following definitions are 
applicable to this paragraph:  
 
b. 
"Subaward" means any payment to a subrecipient to carry out part of this 
 
Agreement. 
c. 
"Subrecipient" means a non-Federal entity that receives a subaward to carry 
out a part of this Agreement.   
d. 
"Non-Federal Entity" means a state, local government, Tribal Nation or 
Community, institution of higher education (IHE), or nonprofit organization 
that carries out a part of this Agreement. 
 
VIII. 
NON-AVAILABILITY OF FUNDS 
In accordance with A.R.S. § 35-154, every payment obligation of ADEQ under the 
Agreement is conditioned upon the availability of funds appropriated or allocated for 
payment of such obligation. If funds are not allocated and available for the continuance of 
this Agreement, this Agreement may be terminated by ADEQ at the end of the period for 
which funds are available. No liability shall accrue to ADEQ in the event this provision is 
exercised, and ADEQ shall not be obligated or liable for any future payments or for any 
damages as a result of termination under this paragraph. 
 
IX. 
AUDIT 
In accordance with A.R.S. § 35-214, MARICOPA COUNTY shall retain and shall 
contractually require each contractor and subcontractor to retain all data, books and other 
records (“records”) relating to this Agreement for a period of five years after completion 
of the Agreement. Upon request, MARICOPA COUNTY shall produce the original of any 
or all such records. 
 
X. 
CONFLICT OF INTEREST 
In accordance with A.R.S. § 38-511, ADEQ may within three years after execution cancel 
the Agreement, without penalty or further obligation, if any person significantly involved 
in initiating, negotiating, securing, drafting or creating the Agreement on behalf of ADEQ, 
at any time while the Agreement is in effect, becomes an employee or agent or any other

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party to the Agreement in any capacity or a consultant to any other party of the Agreement 
with respect to the matter of the Agreement. 
 
XI. 
NONDISCRIMINATION  
All Parties shall comply with all existing federal, state, and local laws, rules, policies, or 
executive orders, including the Americans with Disabilities Act and State of Arizona 
Executive Order 2023-1, to prohibit discrimination based on race, color, sex, pregnancy, 
childbirth or medical conditions related to pregnancy or childbirth, political or religious 
affiliation or ideas, culture, creed, social origin or condition, genetic information, sexual 
orientation, gender identity or expression, national origin, ancestry, age, disability, military 
service or veteran status, or marital status by the persons performing the contract or 
subcontract. 
 
XII. 
NOTICES 
 
A. Reporting, Correspondence, and Other Notices: 
  
MARICOPA COUNTY shall address all other notices relative to this Agreement 
to ADEQ to: 
 
 
Kelly Mackenzie, AQIP Section Manager 
Arizona Department of Environmental Quality 
1110 West Washington Street 
Phoenix, AZ 85007 
Email: mackenzie.kelly@azdeq.gov  
 
 
ADEQ shall address all other notices relative to this Agreement to: 
 
Philip A. McNeely, Director 
Maricopa County Air Quality Department 
301 W. Jefferson St., Suite 410 
Phoenix, AZ 85003 
Email: philip.mcneely@maricopa.gov 
 
 
XIII.  
INDEMNIFICATION  
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.  The State of Arizona, 
(State Agency) is self-insured per A.R.S.§ 41-621.

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In addition, should Maricopa County utilize a contractor(s) and subcontractor(s) the 
indemnification clause between Maricopa County and its contractor(s) and 
subcontractor(s) shall include the following: 
 
To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold 
harmless Maricopa County and the State of Arizona, and any jurisdiction or agency issuing 
any permits for any work arising out of this Agreement, and its departments, agencies, 
boards, commissions, universities, , officers, officials, agents, and employees (hereinafter 
referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, 
damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim 
processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily 
injury or personal injury (including death), or loss or damage to tangible or intangible 
property caused, or alleged to be caused, in whole or in part, by the negligent or willful 
acts or omissions of the contractor or any of the directors, officers, agents, or employees or 
subcontractors of such contractor.  This indemnity includes any claim or amount arising 
out of or recovered under the Workers’ Compensation Law or arising out of the failure of 
such contractor to conform to any federal, state or local law, statute, ordinance, rule, 
regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, 
in all instances, except for Claims arising solely from the negligent or willful acts or 
omissions of the Indemnitee, be indemnified by such contractor from and against any and 
all claims. It is agreed that such contractor will be responsible for primary loss 
investigation, defense and judgment costs where this indemnification is applicable.  
Additionally, on all applicable insurance policies, contractor and its subcontractors shall 
name the State of Arizona, and its departments, agencies, boards, commissions, 
universities, officers, officials, agents, and employees as an additional insured and also 
include a waiver of subrogation in favor of the State. 
 
XIV. 
SEVERABILITY 
 
In the event that any provision of this Agreement is determined to be void or unenforceable, 
such determination shall not affect the remainder of this Agreement, which shall continue 
to be in full force and effect. 
 
 
 
 
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IN WITNESS WHEREOF, the parties hereto agree to execute this Agreement.  
 
ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY: 
 
 
 
________________________________________________ 
___________________ 
Daniel Czecholinski, Director 
 
 
 
 
 Date:  
 
 
Air Quality Division  
 
 
 
 
 
 
Arizona Department of Environmental Quality 
 
 
Approved as to Form: 
Undersigned counsel has reviewed the foregoing Agreement and determined it is in proper form 
and within the powers and authority granted under the laws of the State of Arizona. 
 
________________________________________________          _______________________ 
Assistant Attorney General                            
 
 
Date 
 
 
MARICOPA COUNTY: 
 
 
________________________________________________          _____________________ 
Jack Sellers, Chairman                                                                            Date 
Maricopa County Board of Supervisors 
 
Attest by: ________________________________________          _____________________ 
Juanita Garza, Clerk of the Board                                                       Date 
Maricopa County 
 
Approved as to Form: 
Undersigned counsel has reviewed the foregoing Agreement and determined it is in proper form 
and within the powers and authority granted under the laws of the State of Arizona. 
 
________________________________________________          ____5/13/2024____________ 
Max G. Carpinelli, Senior Deputy County Attorney                          Date