UPDATED GCU FY23-24 DERA SUBAWARD AGREEMENT.PDF
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MEMORANDUM OF UNDERSTANDING
MARICOPA COUNTY AIR QUALITY DEPARTMENT
&
GRAND CANYON UNIVERSITY
Agreement Title: State Clean Diesel Grant Program Sub Award
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CFDA: 66.040 State Clean Diesel Grant
Program (B)
Federal Award ID (FAIN): 98T26201-1
EPA Award Date: October 1, 2023
Effective Date: Upon Final Signature
Termination Date: March 31, 2025
COUNTY
SUBRECIPIENT
Maricopa County
Grand Canyon University
301 W. Jefferson St. Suite 410
3300 W Camelback Rd
Phoenix, AZ 85012
Phoenix, AZ 85017
Name: Philip A. McNeely
Name: Dr. Randy Gibb
Title: AQD Director
Title: CAO Provost
Phone: 602.506.6701
Phone 602.639.7628
Unique Entity Identifier (UEI) Name: Grand Canyon University
Unique Entity Identifier (UEI) No.: LVUGTE1MRAT8
AZ Congressional District: 3
THIS CONTRACT is between MARICOPA COUNTY [hereinafter referred to as the “Maricopa County” or ‘the County”] and Grand
Canyon University (GCU).
The purpose of this Agreement is to administer the funding provided by the Environmental Protection Agency (EPA) through Maricopa
County to the subrecipient GCU for the State Clean Diesel Grant Program Funding provided through the Diesel Emissions Reduction
Act (DERA). As part of this Agreement, the Board of Supervisors is acting under the authority of A.R.S. 11-952 to enter into this
agreement.
GCU will assume the following responsibilities:
GCU will procure the replacement of the vehicle/s in line with all applicable guidelines set forth by the FY2021-2022 Diesel
Emissions Reduction Act (DERA) State Grants Program Guide as published by the EPA - Office of Transportation and Air
Quality, April 2022.
GCU will provide a work plan via separate attachment to the County for review and approval prior to initiating work.
GCU will ask for written prior approval from the County for any work plan changes prior to initiating work not approved in
original application/technical data worksheet.
GCU will schedule a giant foam check or program certificate presentation with Maricopa County to occur within 90 days of
dated award letter. Photos of presentation must be submitted to the County.
GCU will post a press release on their organization website within 30 days of the above-mentioned presentation. The press
release and all outreach media pertaining to the subaward must have prior review and written approval from the County. This
includes both written and spoken material. All outreach material must include the “DERA State Clean Diesel Grant Program”,
the funding amount received, and the funding percentage received. Proof of the press release must be submitted to the County.
GCU will provide monthly reports to Maricopa County on the purchasing of the new vehicles and any issues that arise.
GCU will provide quarterly reports with complete updated technical data worksheet.
GCU will register as an entity on Sam.gov in order to receive federal grant funds.
GCU will register as a vendor to Maricopa County in order to be reimbursed for purchases.
GCU will provide detailed invoices to Maricopa County in order to be reimbursed for purchases.
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GCU will complete all work defined in the project work plan by March 31, 2025.
GCU will affix a County-provided DERA program sticker to all new program vehicles once received. The sticker must remain
on the vehicle at all times.
GCU will submit all final project data required to close out the grant including programmatic, financial, and environmental
results including a final updated technical data worksheet.
AGREEMENT TERMS
1.
Recitals: The purpose of this Agreement is to administer the Diesel Emission Reduction Act (DERA) sub award, as explained
under 42 U.S.C. 16133.
2.
Definitions: The Parties agree to expeditiously initiate and complete the scope of work under this Agreement. The Parties
warrant, represent and agree that they, their employees and representatives will comply with all applicable provisions provided
herein. The following definitions shall apply to the terms used in this Agreement, except where the context necessarily requires
otherwise.
2.1
“U.S.C.” means United States Code.
2.2
“Agreement” means this written document between GCU and the County.
2.3
“County” means MARICOPA COUNTY, which is acting on behalf of the State of Arizona.
2.4
"Parties" means Grand Canyon University (GCU) and MARICOPA COUNTY.
3.
Access to Information: Subject to statutory confidentiality requirements of the County and GCU, both parties to this
Agreement shall have full, complete and equal access to data and information prepared under this Agreement on a no-charge
basis.
4.
Amendment: This Agreement may be modified only by written Amendment signed by the Director or designee, of GCU and
the person duly authorized to act on behalf of the County. Amendments shall be executed with the same formalities as this
Agreement. Executed copies of any Amendment shall be provided to both parties.
5.
Amount of Agreement: A maximum amount of $169,400.00 will be funded under this Agreement and includes up to ten
percent additional funds if approved by the County during the project to offset vehicle replacement cost increases. The indirect
cost rate for this Agreement is $0.
6.
Governing Law:
6.1
This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona. Any disputes shall be
filed in the state or federal court within Phoenix, Arizona.
6.2
Implied Consent Terms: Each provision of applicable law and any terms required by law to be in this Agreement are a part
of this agreement as if fully stated in it.
7.
Assignment: Neither Party may assign any rights hereunder without the express, written, prior consent of the other Party.
8.
Audit of Records and Disallowances: GCU shall retain all data, books and other records (“records”) relating to this Agreement
for a period of five years after completion of the Agreement, any litigation, claim, negotiation, audit, cost recovery, or action
involving the records has been completed. All records shall be subject to inspection and audit by the State of Arizona, County,
and EPA at reasonable times. If any amount is determined to be disallowed by a federal, State, or County audit, the County
shall notify GCU in writing of such disallowance, and the County shall either adjust any future payment by the amount of the
disallowance or require immediate repayment of the disallowed amount. Upon request, the GCU shall produce the original of
all records. Examples of such records include:
a.
Subrecipient financial statements and reports
b. Programmatic reports including information on environmental results
c.
Audit findings
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9.
Agreement Term: The initial term of this Agreement shall be from the date the final signatory signs the agreement and will
be valid until March 31, 2025.
10.
Effective Date: This Agreement shall become effective upon execution of the agreement by all parties.
11.
Non-Availability of Funds: Every payment obligation of the County under this Agreement is conditioned upon the availability
of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the
continuance of this Agreement, this Agreement may be terminated by either party at the end of the period for which funds are
available. No liability shall accrue to either party in the event this provision is exercised, and the parties shall not be obligated
or liable for any future payments or for any damages as a result of termination under this paragraph.
12.
Notices, Correspondence, Reports and Invoices:
12.1
All notices and correspondence from the County shall be sent to:
Joseph ODonnell, Fleet Operations Manager,
Grand Canyon University
3300 W Camelback Rd
Phoenix, AZ 85017
602.639.7429
joseph.odonnell@gcu.edu
12.2
All correspondence relating to the execution of the Agreement, clarification of this Agreement, and Agreement Amendments
shall be sent to:
For Grand Canyon University
For Maricopa County:
Jenny Kuban, Senior Program Manager
Larz Garcia, Grant Programs Administrator
Grand Canyon University
Maricopa County Air Quality
3300 W Camelback Rd
301 W Jefferson St. Suite 410
Phoenix, AZ 85017
Phoenix, AZ 85003
480.746.9963
602.506.0147
jenny.kuban@gcu.edu
larz.garcia@maricopa.gov
13.3
Either party to this Agreement may designate a new contact by filing a notice with the other party in accordance with these
notice requirements.
14.
Ownership of Information: Title to all documents, reports and data prepared in the course of this Agreement by GCU shall
rest with the County. The County shall have full and complete rights to reproduce, duplicate, disclose, perform, and otherwise
use all information prepared under this Agreement.
15.
Reporting: Reporting pursuant to 42 U.S.C. 16133 shall be in accordance with the Scope of Work at the end of this Agreement.
In addition, GCU will provide quarterly status reports.
16.
Severability: The provisions of this Agreement are severable to the extent that any provision or application determined to be
invalid shall not affect any other provision or application of the Agreement, which shall remain in effect without the invalid
provision or application.
17.
Termination:
17.1
GCU or the County may terminate this Agreement at any time, with or without cause, after giving 30 days written notice of
termination to the other party, as appropriate. The notice shall specify the effective date of termination.
17.2
In the event the Agreement is terminated, with or without cause, GCU shall deliver all finished or unfinished program
documents, data, and reports prepared as a result of this Agreement to the County.
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18.
Indemnification:
18.1
GCU agrees to defend, indemnify, and hold harmless the County (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") involving
bodily injury of any person (including death) or property damage, arising out of or related to this Agreement, caused by the
act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers.
DIESEL EMISSIONS REDUCTION ACT STATE CLEAN DIESEL GRANT PROGRAM OVERVIEW
Administration
Maricopa County Air Quality Department (MCAQD) will administer the Diesel Emissions Reduction Act (DERA) State Clean
Diesel Grant Program in Maricopa County under authorization from the State of Arizona and the EPA. GCU will limit
administrative costs to the program by using existent funds and staff. Costs to the DERA fund will be limited to GCU administrative
costs if approved in the application, and equipment reimbursable costs.
DERA will pay the current percentages for the specified technology written in the approved work plan, and GCU will be responsible
for the cost share amount.
DERA Eligible Activities
DERA Funding Limits
(DERA Funds + Voluntary
Match)
Minimum Mandatory
Cost-Share (Fleet Owner
Contribution)
Exhaust Control Retrofit
100%
0%
Engine Upgrade /
Remanufacture
40%
60%
Highway Idle Reduction
25%
75%
Locomotive Idle Reduction
40%
60%
Marine Shore Power
25%
75%
Electrified Parking Space
30%
70%
Engine Replacement– Diesel
or Alternative Fuel
40%
60%
Engine Replacement– Low
NOx
50%
50%
Engine Replacement– All-
Electric
60%
40%
Vehicle/Equipment
Replacement– Diesel or
Alternative Fuel
25%
75%
Vehicle/Equipment
Replacement
– Low NOx
35%
65%
Vehicle/Equipment
Replacement
– All-Electric
45%
55%
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Budget and Period of Performance
Written approval by MCAQD is required prior to any changes to the sub award budget. Failure to obtain prior written authorization
may result in suspension of the sub award or unallowability of costs.
Sub award monies are to be used only during the period of the agreement effective date through March 31, 2025. Any deviation
from this schedule must have prior approval from MCAQD. A request for extension may be considered but will require prior
approval by MCAQD and the EPA a minimum of sixty days before the scheduled end date of the award.
Disbursements
Payment of sub award monies is to be made once evidence of retrofit completion or new vehicle invoice and documentation of
proper destruction of replaced vehicle is submitted to MCAQD. Use of subaward monies is subject to compliance with these
conditions of the subaward and satisfactory project performance. MCAQD reserves the right to terminate any project that, in
MCAQD’s sole discretion, is not satisfactorily pursuing and fulfilling stated project goals and objectives. MCAQD shall reimburse
GCU for cancellable obligations properly incurred prior to termination notice.
Destruction Requirements
The vehicle/equipment being replaced will be scrapped or rendered permanently disabled within 90 days of the replacement, or
remanufactured to a certified cleaner current emission standard. Permanently disabling the chassis and disabling or remanufacturing
the engine while retaining possession of the vehicle/equipment is an acceptable scrapping method. Disabling the chassis may be
completed by cutting through the frame/frame rails on each side at a point located between the front and rear axles. Other acceptable
scrappage methods may be considered and will require written approval from MCAQD Grant Programs Administrator.
Vehicle/Equipment components that are not part of the engine or chassis may be salvaged from the unit being replaced. If scrapped
or remanufactured vehicles/equipment or salvaged vehicle/equipment chassis or components are to be sold, this program income
will need to be addressed in the submitted budget.
SCOPE OF WORK
The GCU, under the authorization of Maricopa County in accordance with 42 U.S.C. 16133, shall administer the Diesel Emissions
Reduction Act (DERA) State Clean Diesel Grant Program.
1. The County shall provide the following services:
1.1
Maricopa County will review and pay program invoices submitted by GCU.
1.2
Maricopa County will verify emissions reductions from the vehicles retrofitted or replaced. Maricopa County will collect
data from the GCU and submit quarterly reports as required by the EPA. On December 30, 2026, the County shall prepare
and submit a final report to the EPA that contains at least the following information:
a.
The number of vehicles retrofitted or replaced by model year.
b.
The quantity and nature of vehicle emissions reduced.
c.
The cost-effectiveness of the DERA in terms of dollars spent per ton of vehicle emission reductions.
d.
Any recommendations for improving the effectiveness of the DERA.
e.
The administrative costs of the DERA.
2. GCU, shall provide the following services:
2.1 Follow all program requirements as detailed in the FY2023-2024 Diesel Emissions Reduction Act (DERA) State Grants
Program Guide as published by the EPA - Office of Transportation and Air Quality, April 2022.
2.2 Determine and verify eligibility of retrofit components and/or vehicles for DERA.
2.3 Adhere to the project work plan noted below as approved by the EPA and the MCAQD.
2.4 Per its written procurement policy, obtain and review bids to purchase DERA-eligible qualified replacement vehicles
while adhering to Federal program requirements.
2.5 Follow all Federal grant requirements including 2 CFR §200.318 General Procurement Standards through §200.326.
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2.6 Establish and follow written policies required by the 2 CFR 200, including, but not limited to:
a.
Suspension and Debarment (per 2 CFR §200.214)
b.
Financial Management (per 2 CFR §200.302)
c.
Allowability of Costs (per 2 CFR §200.302(b)(7) and Subpart E-Cost Principles)
d.
Internal Controls (per 2 CFR §200.303)
e.
Conflict of Interest (per 2 CFR §200.318(c) (1-2)
f.
General Procurement Standards (per 2 CFR §200.318 through 200.326)
2.7
Upon agreement effective date, order, receive and document replacement vehicles.
2.8
Submit quarterly reports and vehicle data as requested by the County.
2.9
Invoice Maricopa County for program costs associated with implementing the DERA per program reimbursement and
support documentation requirements.
2.10
Submit evidence of appropriate disposal (digital photos including the engine tag showing the serial number, engine family
number, and engine model year and of the destroyed engine block and cut frame rails or other structural components) as
required by program guidelines. Submit photos of newly purchased replacement vehicles.
APPROVED WORK PLAN
Subaward #2
Vehicles
Cost Per
Vehicle
DERA
Cost Share
Grand Canyon
Univ.
2007 Class 6
shuttle bus
$440,000
$154,000
$286,000
Subtotal
1 Vehicle
$440,000
$154,000
$286,000
APPROVED VEHICLES
Target Fleet:
Transit Bus
Vehicle Identification Number(s):
1GBJ5V1237F414632
Vehicle Make:
Chevrolet
Engine Serial Number(s):
958519
Engine Make:
Chevrolet General Motors (GM)
Engine Model:
CC5V042-2007 Commercial Cutaway Cab Chassis
Engine Model Year:
2007
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IN WITNESS WHEREOF, the parties have executed this “Agreement” as of the date set forth above;
MARICOPA COUNTY:
Jack Sellers, Chairman
Maricopa County Board of Supervisors
Date
Attest by:
Juanita Garza, Clerk of the Board
Maricopa County
Date
GRAND CANYON UNIVERSITY:
Dr. Randy Gibb (printed), CAO Provost
Signature
Grand Canyon University (GCU)
Date
Approved as to Form:
In accordance with A.R.S. §§ 11-201, 11-251, 11-951 and 11-952, the foregoing Agreement has been reviewed by the
undersigned attorneys who have determined that said Agreement is in proper form and is within the powers and
authority granted to the public body represented by their respective attorneys.
Max G. Carpinelli, Deputy County Attorney
Maricopa County
Date
First name Last name (printed), Legal Counsel
Grand Canyon University (GCU)
Date