DERA SUBAWARD AGREEMENT SIGNED BY YESD UPDATED.PDF

@
Maricopa Count_v
301 W. Jcffcrson St. Suite 410
Phoenix, AZ 85012
Name: Philip A. McNeely
Title: AQD Director
Phone: 602.506.6701
INTERGOVERNMENTAL SERVICE AGREEMENT
I}IARJCOPA COLTNTY AIR QUALTTY DEPARTMENT
&
YUMA ELEMENTARY SCHOOL DISTRICT
Agrcem€nt Title: Slate Clean Diesel Grant Program Sub Award
Page I of7
CFDA: 66.040 State Clcan Diesel Grant
Program (B)
Federal Award ID (FAIN): 98T26201-l
EPA Award Date: October l, 2023
Effective Date: Upon Final Signature
Tcrmination Date: March 31, 2025
Yuma Elemertsry School District
450 W Sixth Street
Yuma, AZ 65364
Name: Denis Pondcr
Titlc; ChiefFinancial Office r
Phone 9992E.502.4302
Unique Entity ldentifier (UEl) Name: Yuma Elementary School District
Unique Entity Identifrer (IIEI) No.: R6JAK3Y 172fi
AZ Congressional District; 7
THIS CONTRACT is between MARICOPA COLTNTY ftereinafter referred to as the "Maricopa County" or 'the County"l aod Yuma
Elementary School District (YESD).
The purpose ofthis Agreement is to administer the funding providcd by thc Environmental Prolection Agency (EPA) through Maricopa
County to the subrecipient YESD for the State Clean Diesel Grant Prograrn Funding provided through the Dicsel Emissions Rcduction
Act (DERA). As paft of this Agreement, the Board of Supcrvisors is acting under the authority of A.R.S. I l-952 to enter into this
agrccmcn(.
YESD will assume the following responsibilities:
. 
YESD will procure the replacement ofthe vehicle/s in line with all applicablc guidelines set forth by the FY202l'2022 Diesel
Emissions Reduclion Ac( (DERA) State Grants Program Guide as published by thc EPA - OtIcc of TransPortation and Air
Quality, April 2022.
o YESD will provide a work plan via separat€ aftachment to the County for review and approval prior to initiating work.
. 
YESD will ask for written prior approval from the County for any work plan changes prior to initiating work not approved in
original application/teclnical data worksheel.
. 
YESD will schedule a giant foam check or prograrn ce(ificatc prescntation with Maricopa County to occur withi[ 90 days of
datcd award lcttcr. Photos ofpresentation must be submitted to the County
o YESD rvill post a press release on thcir organization website wiihin 30 days ofthc above-mentioned presentalion. Thc prcss
releaseand all outeach media pertaining to the subaward must havc prior revicw and wrinen approval from theCounty. This
includes both written and spoken material. All outreach material must include the "DERA State Cl€an Diesel Grant Program",
the funding amount received, and the funding perccntage rcctived. I,roofofthe press releas€ must bc submittedto theCounty.
. 
YESD will provide monthly reports to Maricopa County on the purchasing ofthe new vehicles and any issues thal adsc.
. 
'/ESD will provide quarterly reporls with complete updated technical data workshcet.
o YESD will registsr as an entity on Sam.Sov in order to receive fcderal grant funds.
. 
YESD will register as a vendor to Maricopa County in order to be reimbursed for purchases.
o YESD will provide detailcd invoices to Maricapa County in order to bc reimburscd for purchases.
o YESD will mmplete all work delined in the projcct work plsn by March 31, 2025.
PaSc I of7

YESD willaffix a County-provided DERA program sticker to all new program vehicles once received. The sticker must remain
on the vehiclc at all timcs.
ACREE}IENT TER}IS
@i!4!gi The purpose of this Agreement is to administer the Diesel Emission Reduction Act (DERA) sub award, as explained
under 42 U.S.C. 16133.
pg1fui@, The Parties agree to expeditiously initiate and complete the scope of work under this Agreement. 'Ihe Parlies
\varrant, represent and agree that they, thcir employees, afld reprcsentatives will comply with all applicable provisions providcd
herein. The following definitions shall apply to the terms used inthis Agrecmcnt, excepl where the context necessa ly requires
otherwise.
"U.S.C." mcaas Unitcd Statcs Code
"Agrecmcnt" means this written documcnt between YESD and the County
"County" mcans N{ARICOPA COUNTY, which is acting on behalfofthe State ofArizona
"Parties'' means Yuma Elementary School l)istrict IYESD) and MARICOPA COLNTY
Access to Informatiol: Subjecl to statutory co[fidentiality requirements ofthe Counry and YESD, both partics to this
Agreement shall have full, complete, and equal acess lo data and information prepared under this Agreement on a no-chargc
basis.
Aq!3qgl: This Agreement may be modified only by wittcn Amendment signcd by the Director or designee, of YESD
and the person duly'authorized to acl on behalf ofthe County. Amendrnents shall be executed with the samc formalitics as this
Agrcement. Exccutcd copics ofany Amcndmcnt shall be provided to both parties.
Amount of Aqre€ment; A maximum amount of $283,321.50 will be funded under this Agreement and includes up to ten
percent additional funds ifapproved by tIe Counry during the project to offset vehiclc replacement cost increases. Thc imlirect
cost rate for this Agrccment is $0.
6.
Govemins Larv:
6.1
This Agrccmcnt shall be govemed by and construed in accordance with the la$s ofthe State ofArizona. Any disputes shall be
fil€d i the statc or federal court within Phoenix, Arizona.
6.2.
Imolied Consen( Terms: Each provision of applicable law and any tenns required by la* to be in this Agreement areapan
ofthis agreement as if fully stated in it.
Assisnment: Neither Party may assign any rights hcreunder without the €xpress, written, prior conscnt of(hc othcr Party
Audil of Records nd Disallowances: YESD shall retaiD all data, books, and othcr rccords ("records") rclating to this
Agreement for a pcriod offive years afier completion ofthe Agreement, any litigation, claim, negotiation, audit, cosl recovery,
or action involvingthe records has been completed. All records shall be subject to inspeclion and audit bylhe State of Arircna,
County, and EPA at reasonablc timcs. Ifany amount is determined to be disallowcd by a fcderal, State, or County audit, the
County shall notit YESD in writing ofsuch disallowancc, and the County shall either adjust 3ny firture payment by lhe amount
of the disallorvancc or require immediate repayment of the disallowed amount. Upon request, the YESD shall produce the
originll ofall rccords. Examples ofsuch records include:
a. Subrecipient financial statcmcnts and repons
b. Programmatic reports including information on environmental results
c. Audit findings
Apreemenl Term: The initial term of this Agreement shall bc ftom the date thc final signatory signs the agreement and will
be valid until March 31, 2025.
2.
2.1
2.3
2.4
3.
{.
5.
1.
8.
Page 2 of 7
YESD will submit all final project data required to close out the grant including programmatic, financial, and environmental
results including a final updated iechnical data rvorksheet.
9.

10. 
Effective Da(e: This Agreement shall become effectivc upon cxccution ofthe agreement by all parties
ll.
Non-Aysilabilitv of Fuods: Every payment obligation ofthcCounty underthis Agrecment is conditioned upon the availability
of funds appropriated or allocared for the payment of such obligation. If funds are not allocaled and available for the
continuanc€ ofthis Agreement, this Agreement may be terminated by either parly at the end ofthe pcriod for which funds are
available. No liability shall accruc 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 oftermination under this paragraph.
12- 
l-.otices, CorresDondence, Reports and Invoicqs:
12.1 All notices and corrcspondence fiom the County shall be sent to:
Ron Schcpcrs, Dircctor of Transponation
Yuma Elementary School District
8550 E 24'h St
Yum4 AZ E5365
928.502.8840
rschqrers@yuma.org
12.2
All conespondence relating to the execution of the Agreement, clarification ofthis Agreemenl and Agrecmcnt Am€ndments
shall bc scnt to:
!-or Yuma Elemelltary School Districl
Denis Ponder, Chief Financial Oflicer
Yuma Elemcntary School District
450 N Sixlh Sr
Yuma, AZ 85364
928.502.4302
dpondcrl @yuma.org
For Mrricope Couoty;
LaIz Garcia, Grant Prograrns Administrator
Ntaricopa County Air Quality
301 W Jefferson St. Suite 410
Phoenix, AZ 85003
(602) 506-0147
larz sarcia@maricopa, cov
t..i.3
Eirher party to this Agreement may designate a new contact by filing a notice with the other party in accordance with thesc
noticc requirements,
IJ
Owoenrhip of lnformstion: Titleto all documents, repons and data prepared in the course ofthis Agreement by YESDshall
rest with rhe Counry. The County shall havc full and complete rights to reproduce, duplicate, disclosc, perform, and othcrwise
use all information prepared under this Agreement.
Bg@i!g: Reporting pursuant to 42 U.S.C. 16133 shall be in accordance with the Scope of Work at the end of this AgrqLment.
tn addition, YESD will provide quarterly status reports.
&yg!.bi!!.ry: The provisiors ofthis Agrccmclt are severable to the exlent that any provision or applicatioo dclcrmined to be
invalid shall not atrect any other provision or application ofthe Agrccment, which shall remain in effect without the invalid
provision or application.
15.
16.
11- 
TcrmiDation:
YESD or the County may terminate this Agreement al any time, \vith or without causc, after giving 30 days written notice of
tenninationtotheotherparly,asappropriatc.'l-henoticeshallspecifitheeftectivedaleoftermination.
In the event the Agreement is tcrminated, with or withoul cause, YESD shall deliver all finished or unfinished program
documents, data, and repods prepared as a result ofthis Agreement to the County.
18. 
I ndemnilita(ion:
t1.l
11.2
I lt.l
YESD agle€s to defend, indemniS, and hold harmless $e County (es "tndcrnnitee") from and against any and all claims, losses,
Iiability, costs, or expenses (including reasonable attomcy's fees) (hcreinaffer colleaively referred to as "Claims") involving
bodily injury of my person (including death) or property damage, arisinB out of or related to this Agreement, caused by the
act, omis!ion, negligince, misconduct, or olher fault ofthe Indemnitor, its officers, officials, agents, employees, or volunlcers
Plge I of7

DII]SEL E\IISSIONS REDUCITTON A(:T S1'ATT] CI,EAN DII'SBI, GRANl' PIIOGRA]\,I OVERVIEW
Admiristration
Maricopa County Air Qualitv Dcpartmcnt (MCAQD) will administcr thc Dicsel Emissions Reduction Act (DERA) Statc Clean
Diesel Granr Program in Maricopa County under authorization from the State of Arizona and the EPA. YESD will limit
administrativc costs to the program by using existent funds and staff Costs to thc DERA fund rvill be limited to YESD
administrativ€ costs ifapproved in the application, and equipment reimbursable costs.
DERA will pay the current percentagcs for the spccified lechnology wrinen in the app(oved work plan, and YESD will trc
responsible for the cost share amount.
Df,LA Eligible Aclivitics
DERA Furding Limits
(DERA Funds + Voluntary
Match)
Minimum Maodatory
Cost-Share ([-leet Owrler
Contribution)
r00%
0i'.
Engine llpgrade I
Remanrrlaclurc
400/"
6oo/o
llighu'ay Idle Reduction
1sYo
Locomotive Idle Reduction
40.h
60%
25%
75%
Marinc Shore Porvcr
Electrifi ed Parking Spacr
309/o
Enginc Replacemenr Diesel
or .{ltemative Fuel
409n
Engine Replacemcnt- Low
NOx
50.h
11Yo
60%
50'/o
.1096
Engine Replacement- All-
Electric
600/.
Vehicle,Equipment
Replacement- L)iesel or
Altemative Fuel
25.h
Vehiclc/Equipment
Replaccmcnt
- Low NOx
35V,
65o/o
Vehicle/Equipmcnt
Replacement
- All-Electric
55%
Budge! and Period of Pcrformance
Written approval by MCAQD is required prior to any changcs to the sub award budget. Failure to obtain priorwrinen authorization
may result in supcnsion ofthe sub award or unallowability ofcosts.
Sub award monies are to be used only during the period ofthe agreement effectjve datc through ivfarch 31,2025 Any deviation
from this schedule must have prior approval fiom MCAQD. A requcst for extension may be considsed but will rcquire prior
approval by MCAQD and the EPA a minimum ofsixty days before the schedulcd end date ofthe a\yard.
Pagc 4 of7
Exhaust Control Retrofit 
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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 tenninate any project that, in 
MCAQD's sole discretion, is not satisfactorily pursuing and fulfilling stated project goals and objectives. MCAQD shall reimburse 
YESD 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 YESD, under the authorization of Maricopa County in accordance with 42 U.S.C. J 6133, shall administer the Diesel 
Emis.ɍions Reduction /\cl (DERA) State Clean Diesel Grant Program. 
I.
The County shall provide the following services:
1.1 
1.2 
Maricopa County will review and pay proi,>ram invoices submitted by YESD. 
Maricopa County will verify emissions reductions from the vehicles retrofitted or replaced. Maricopa County will collect 
data from the YESD 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 m tenns 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.
YESD, shall provide the following services:
2.1 
Follow all program requirements as detailed in the FY2023-2024 Diesel Emissions Reduction Act (DER/\) State GranLɎ 
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 EP /\ 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. 
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(bX7) 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)
Page 5 of7

2.7
2-8
2.9
2.10
Upon agreement clTedive date, order, receive and document replacement yehicles
Submit quanerly repons and vehiclc data as requested by the County
tnvoice lvlaricopa County for program costs associated with implcmcnting the DERA p€r program reimbursement and
support documentation requi rements.
Submit evidence ofappropriate disposal (digital photos including the engine tag showing the serial number, engine family
number, and engine model year and ofthe destroyed engine block and cut liame rails or other structural components) as
rcquired by program guidelines. Submit photos ofnewly purchased replaccmcnt vehicles.
.,\PPROVEI) WORK PLAN
Subaward #4
Yuma Elementary
S-D
Subtotal
3 Vehicles
NPPROYED VEIIICLES
'larget l-'leet
School Bus
School Bus
School Bus
Vchicle
ldentification
4DRB WAAR354982856 4DRBU AAL67B3612O9 I BAKCCPAI 9F260945
N!!!!.bgt(9
Vehicle Make: 
lntemational
International
Cumrnins
Engine Serial
{ut1- gt(9.
Engine Model
I Year:- _
166t1M2U2025022
466HMzU2103516
46887123
200.1
2006
2008
IN WTTNESS WHERIOI', thc partics heve cxccuted this "Agrtemenl" as of thc date sct forth above;
DERA
Cost
Share
Vehicles
Cost Per
Vehicle
s223,000
s78,050
s144,950
2004 School Bus
$t +q,sso
s223,000
2006 School Bus
S78,oso
$78,oso
s144,950
523,41s
2008 School Bus
lndirect costs
223,000
23,415
S434,Bso
s692,41s
s2s7,s6s
I\IARICOPA COTINTY:
Pa8€ 6 of7

Jack Sellers, Chairman
Maricopa County Board of Supervisors
Date
Atlest by
Juanita Garza, Clerk ofthe Board
Maricopa County
Date
lIs Pondcr (Pnnt
hief Financial Oflicer
L,. ,/ 1-o*
S ignature
Yuma Elementary School District (IESD)
Date
Approved as to Fom:
ln accordance with A.R.S. $5 I l-201, I l-251, t l-951 and I l-952, thc foregoing Agreement has been revicwed by the
undersigned attomeys rvho havc daermined that said Agr€ement is in proper form and is within the powers and
authonty granted to the public body represented by their rcspective attomeys.
Max G. Carpinelli, Senior Counsel
Covemment Advice & Elected Officials
Maricopa County
Dats
Cust
sen f'e I
b
ted), Legal Counsel
Yuma Elcmentary School Districl (YESD)
Pa8c 7 l11 7
YUm{-Er.Elury{&(}f, Hool- DrSrRrCr:
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