FINAL_MARICOPA_L&G_FY2027_AGREEMENT.PDF
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INTERGOVERNMENTAL AGREEMENT NO. EV26-0150 between MARICOPA COUNTY and ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY THIS AGREEMENT is between the ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY [hereinafter referred to as the “Department” or “ADEQ”], and MARICOPA COUNTY [hereinafter referred to as the “Maricopa County”]. WHEREAS, Maricopa County is required to establish and coordinate a voluntary lawn and garden equipment emissions reduction program under A.R.S. § 49-474.02; and WHEREAS, ADEQ is authorized to enter this Agreement pursuant to A.R.S §§ 49-104(B) and 11-952; and WHEREAS, Maricopa County is authorized to enter this Agreement pursuant to A.R.S. §§ 11-201 and 11-952; and WHEREAS, A.R.S. § 49-551 establishes an air quality fund administered by ADEQ which may be used to fund programs to reduce emissions of particulate matter, carbon monoxide, oxides of nitrogen and volatile organic compounds; and WHEREAS, ADEQ and Maricopa County share authority and responsibility for assessment and control of air pollution within their respective areas of jurisdiction A.R.S. §§ 49-104A(2) and (3), 49-401(A) and 49-473. 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 “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. 1 Docusign Envelope ID: D210364B-B5C1-848B-830B-0F1671F52AD6 This written Agreement includes all terms in this document, Attachment 1 - FY27-28 Voluntary Lawn and Garden Emissions Reduction Program Work Plan [hereinafter referred to as “Work Plan”], and any modifications approved in accordance herewith. II. TERM OF AGREEMENT, MODIFICATION, TERMINATION, AND INTEGRATION A. This Agreement shall be effective July 1, 2026 and shall terminate on June 30, 2028, 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. The notice shall specify the effective date of termination. D. This Agreement constitutes the entire Agreement between the parties and supersedes all other prior understandings, whether oral or written, including prior Agreement No. EV25-0056 upon this Agreement's effective date. III. DESCRIPTION OF SERVICES A. Prior to the termination date of Agreement No. EV25-0056, ADEQ notified Maricopa County that it requests return of any Program funding that Maricopa County has not utilized by June 30, 2026 less $40,000 to ADEQ. ADEQ shall authorize the use of $40,000 of the retained remaining Program funds for FY27-28 for services rendered pursuant to the Work Plan (Attachment 1). No additional funds are authorized. B. Maricopa County shall: 1. Provide all services outlined in the attached Work Plan (Attachment 1); and 2. Utilize $40,000 of the retained remaining Program funds to administer the FY27-28 Program as required by A.R.S. § 49-474.02. C. See Work Plan (Attachment 1). IV. MANNER OF FINANCING AND PAYMENT A. Prior to the termination date of Agreement No. EV25-0056, ADEQ notified Maricopa County that it requests return of any Program funding that Maricopa County has not utilized by June 30, 2026 less $40,000 to ADEQ. ADEQ shall authorize the use of $40,000 of the retained remaining Program funds for FY27-28 for services rendered pursuant to the Work Plan (Attachment 1). No additional funds are authorized. B. Prior to the termination date of this Agreement, ADEQ shall notify Maricopa County if it requests return of any unused Program funds to ADEQ. If ADEQ requests return of funding that Maricopa County has not utilized by the termination date, Maricopa County shall return the remaining funds within thirty (30) days of the termination date of this Agreement. If ADEQ does not notify Maricopa County of the requirement to return the remaining Program funds, 2 Docusign Envelope ID: D210364B-B5C1-848B-830B-0F1671F52AD6 Maricopa County shall retain any 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 the Work Plan (Attachment 1). V. REPORTING REQUIREMENTS Maricopa County shall submit quarterly progress reports and annual reports as specified in the Work Plan (Attachment 1). VI. APPLICABLE LAW 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. 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. 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. VIII. 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. IX. 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 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. X. NONDISCRIMINATION 3 Docusign Envelope ID: D210364B-B5C1-848B-830B-0F1671F52AD6 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. XI. NOTICES A. Maricopa County shall address all other notices relative to this Agreement to: Elizabeth Sterner, Project Manager Arizona Department of Environmental Quality 1110 West Washington Street Phoenix, AZ 85007 Email: sterner.elizabeth@azdeq.gov B. ADEQ shall address all other notices relative to this Agreement to: Philip A. McNeely, Director Maricopa County Air Quality Department 301 West Jefferson Street, Suite 410 Phoenix, AZ 85003 Email: philip.mcneely@maricopa.gov XII. 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. 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 4 Docusign Envelope ID: D210364B-B5C1-848B-830B-0F1671F52AD6 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. XIII. 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE LINE ON NEXT PAGE 5 Docusign Envelope ID: D210364B-B5C1-848B-830B-0F1671F52AD6 Docusign Envelope ID: D210364B-B5C1-848B-830B-0F1671F52AD6 6/8/2026 | 11:39:02 AM MST 6/8/2026 | 12:22:42 PM MST FY27-28 VOLUNTARY LAWN AND GARDEN EMISSIONS REDUCTION PROGRAM WORK PLAN Mowing Down Pollution MARICOPA COUNTY AIR QUALITY GOALS AND PRIORITIES Maricopa County continues to experience an expanding residential housing market and therefore, the usage of lawn and garden equipment plays a notable role in the emissions profile of the County. Emissions from lawn and garden equipment are responsible for a considerable amount of all non-road emissions. Currently, the County is in non-attainment for ozone, for which the precursors are nitrogen oxides (NOx) and volatile organic compounds (VOC). According to the Maricopa County 2023 Ozone Periodic Emission Inventory, the lawn and garden equipment category accounts for 3.73% of all non-road NOx emissions and 35.60% of all non-road VOC emissions. The County was previously in non-attainment for carbon monoxide (CO) and 41.67% of nonroad CO emissions can also be attributed to lawn and garden equipment. 2023 Emissions from non-road lawn and garden equipment, as a percentage of: VOC CO NOx All non-road emissions 35.60% 41.67% 3.73% LAWN AND GARDEN EQUIPMENT AND TECHNOLOGIES According to the Environmental Protection Agency (EPA), approximately 121 million pieces of lawn and garden equipment are estimated to be in use in the United States of which, lawn mowers are the most numerous.1 The advent of new four-stroke mowers has created improvements in terms of efficiency as well as reduced emissions, however, older two-stroke mowers are still in operation and most lack any type of emission control technology. The replacement of gasoline powered lawn mowers with an electric equivalent will reduce the aforementioned pollutants as well as eliminate some of the indirect air pollution associated with maintaining and operating a gas-powered unit. The EPA estimated that approximately 70,000 tons of gasoline was spilled in 2005 while refueling non-road equipment using portable fuel containers, which resulted in additional VOC emissions.2 2 Environmental Protection Agency. (2012, June 8). Estimating emissions associated with portable fuel containers (PFCs). Retrieved December 18, 2017. 1 Banks, J. L., PhD, & McConnell, R. (n.d.). National Emissions from Lawn and Garden Equipment (Environmental Protection Agency). Retrieved December 18, 2017 Docusign Envelope ID: D210364B-B5C1-848B-830B-0F1671F52AD6 Electric lawn mowers and other electric lawn equipment have come a long way in the past decade. Their rising popularity has motivated some of the more prominent manufacturers in the industry to develop cost effective options that are well within the budget of the average consumer. Technological advancements in lithium batteries have closed the performance gap between electric and gas-powered counterparts. Cordless options are also becoming more standardized, allowing for more user-friendly operations. ROLES AND RESPONSIBILITIES The Maricopa County Air Quality Department (MCAQD) will be responsible for the overall administration, management and implementation of the Voluntary Lawn and Garden Equipment Emissions Reduction Program in accordance with A.R.S §49-474.02. MCAQD developed the program and launched it in June 2018 as the Mowing Down Pollution Program. Operations include data and document collection, financial management, outreach, necessary coordination for the retirement of replaced equipment, and providing progress reporting as described in the table below. In addition to allowing for the retirement of residential lawn mowers, A.R.S §49-474.02 also allows for the retirement of commercial lawn mowers and residential and commercial lawn and garden devices. Lawn and garden devices include leaf blowers, trimmers, edgers, and other similar equipment. Commercial devices were added to the program in FY24. All mowers and garden devices are recycled once turned in. The MCAQD director acts as the agent of the County for all emission reduction programs. Funds are managed by MCAQD finance team, which receives and processes invoices and payments. The program manager will review and confirm allocation of expenses and ensure deliverables align with the project scope and budget. All invoices will be reviewed and approved by the program manager. Final authorization and the timely scheduling of payment will be completed by MCAQD’s finance team. TIMELINE AND MILESTONES Page 2 of 4 FY27-28 Activity Start End Mowing Down Pollution Program Prior to start of each new FY, train program staff for launch on day one of new FY. This includes service centers, transfer station, and affiliate retail staff. 07/01/2026 06/30/2028 Outreach Continue existing outreach efforts for residential mowers and residential and commercial garden devices. Explore new methods to attract commercial participants. 07/01/2026 06/30/2028 Collect and evaluate applications and issue vouchers 07/01/2026 06/30/2028 Quarterly Progress Reports: 1. Synopsis of program activities for the past quarter. 2. Total number of voucher applications received per month. 7/01/2026 6/30/2028 Docusign Envelope ID: D210364B-B5C1-848B-830B-0F1671F52AD6 ANTICIPATED PROGRAM PARTICIPATION AND MILESTONES The Mowing Down Pollution Program focuses on decommissioning old lawn and garden equipment as well as facilitating the ownership of new and cleaner operating equipment. The promotion of the program continues on the MCAQD website. Program posts in both English and in Spanish are posted to social media sites. Additional outreach occurs at regular outreach events where program flyers are distributed in English and in Spanish. Additional commercial marketing is being explored. The program vendor is required to post program Page 3 of 4 3. Breakdown of total number of vouchers issued per month for: a. residential lawn mowers b. residential handheld garden devices c. commercial handheld garden devices 4. Total program dollars used to pay contracted vendors during the quarter. 5. Remaining balance of the unused program funds. MCAQD shall submit the quarterly report within sixty (60) days of the end of the quarter for the 1st, 2nd, and 3rd quarters, and within thirty (30) days of the end of the 4th quarter on June 30th. Prepare annual reports for program including the following items: 1. The number of lawn mowers and other lawn and garden devices retired by brand and year of manufacture. 2. The cost-effectiveness of the program in terms of dollars spent per ton of emissions reductions. 3. Any recommendations for improving the effectiveness of the program. 4. The administrative costs of the program. 5. Total number of applications received by fiscal year. 6. Breakdown of the total number of vouchers issued by fiscal year for: a. residential lawn mowers b. residential handheld garden devices c. commercial handheld garden devices 7. Total tons of each pollutant reduced per year for volatile organic compounds, carbon monoxide, particulate matter, and nitrogen oxides by fiscal year. 8. Excel spreadsheet with the following breakdown for each voucher issued: a. Device type (e.g., lawnmower, trimmer, chainsaw) b. Year of Manufacture c. Annual Usage d. Emission Factors 7/01/2026 06/30/2028 Annual Reports: Dec 1, 2026 Dec 1, 2027 Docusign Envelope ID: D210364B-B5C1-848B-830B-0F1671F52AD6 posters in all participating retail locations. FY27-28 PROGRAM BUDGET The remaining program voucher funding balance is estimated to be approximately $157,072 at the end of FY26. For more efficient program budgeting, MCAQD is requesting that funds in the amount of $40,000 from the FY26 program be carried over into FY27 and extended through FY28. MCAQD will return the remaining amount after all FY26 vouchers are processed to the Arizona Department of Environmental Quality (ADEQ) within sixty (60) days after the end of FY26, resulting in a remaining project budget of $40,000. Below is a table outlining the estimated usage of the $40,000 program budget in FY27 and FY28. Estimated FY27 Device Expected Voucher Usage* Total Annual Cost Residential Mower Replacement 50 @ $200 each $10,000 Residential Garden Device 30 @ $75 each $2,250 Commercial Garden Device 15 @ $300 each $4,500 FY27 Estimated Funding Usage $16,750 FY27 Remaining Funds $23,250 Estimated FY28 Device Expected Voucher Usage* Total Annual Cost Residential Mower Replacement 60 @ $200 each $12,000 Residential Garden Device 30 @ $75 each $2,250 Commercial Garden Device 30 @ $300 each $9,000 FY28 Estimated Funding Usage $23,250 FY28 Remaining Funds $0 *MCAQD will evaluate the program costs and voucher usage periodically during FY27 and FY28 to determine whether voucher amounts need adjustments. SUSTAINABILITY OF THE PROGRAM MCAQD will continue to provide program outreach and management including associated costs. ADEQ will continue to support the program by providing voucher funding per a signed agreement. It is anticipated that the Service Agreement will be amended as needed to support the program. MCAQD will continue to partner with additional county departments for mower/device collection and disposal. Page 4 of 4 Docusign Envelope ID: D210364B-B5C1-848B-830B-0F1671F52AD6