MARICOPA COUNTY AGREEMENT FY20 SIGNED.PDF
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Cle BSA 011-300 AGREEMENT Page | of 7 MARICOPA COUNTY Contract No.: EV20-0009 & Effective Date: Upon Final Signatr ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY Termination Date: June 30, 2020 Agreement Title: Voluntary Vehicle Repair Program (VVRP) COUNTY CONTERAC EL ADMEENIN TRA TOR Maricopa County Arizona Department of Environmental Quality 3800 N. Central Avenue #1400 Contracts and Procurement Section Phoenix, AZ 85012 1110 West Washington Street Phoenix, AZ 85007-2935 Name: Philip McNeely Chief Procurement Officer: Teena Ziegler Title: Director, Maricopa County Air Quality Procurement Specialist: Louis Anaya Phone: (602) 506-6443 THIS CONTRACT is between MARICOPA COUNTY [hereinafter referred to as the “Maricopa County” or the County”] and the STATE OF ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY [hereinafter referred to as the “Department” or “ADEQ”], established and authorized to contract pursuant to A.R.S. §§ 49-101-104 and A.R.S. § 11-953. The purpose of this Agreement is to administer the Voluntary Vehicle Repair Program, (“VVRP”) in Maricopa County, as required by A.R.S. § 49-474.03. The Vehicle Emissions Control (VEC) program at ADEQ reviewed the VVRP requirements and determined that there was existing capacity to assist the county in administering the program. These functions can be efficiently implemented through the existing centralized emissions testing contract and ADEQ’s existing VEC staff. Asa result ADEQ can assume the following VVRP responsibilities without additional costs: ADEQ will provide repair facilities with all necessary paperwork ADEQ will train VVRP staff. ADEQ will provide a Scope of Work and a Work Plan to the County for review and approval prior to initiating program work. ADEQ will perform inspections of the participating VVRP repair facilities and technicians performing repair verifications. ADEQ will audit invoicing functions as necessary. ADEQ will license the participating VVRP repair facilities. The attached Agreement Terms, Voluntary Vehicle Repair Program Overview, Scope of Work, and Work Plan are incorporated in the Agreement. This document constitutes the entire Agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This Contract may be modified, amended, altered or extended only by a written amendment signed by the parties. IN WITNESS WHEREOF, the parties have executed this “Agreement” as of the date set forth above; MARICOPA COUNTY, a pgkitical subdivision of the State of Arizona “Bw By: Chairman, Maricopa County Board of Supervisors Approved as to Form: Deputy County Attorney ATTEST: IN RxHuy Vi By: AA MAA tk of the Maricopa County Board of Supervisors Obeb / 4 STATE OF ARIZONA ) ) SS. County of Maricopa) On this/4 ‘day of Z—, 2019, before me personally appeared ws); /, / (fvares the Chairman , of Maricopa County Board ofSuperyfgors, for and on behalf of MARICOPA COUNTY, a political subdivision of the State of Arizona, whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the above/attached document. ARIZQNA DE TMENT OF ENVIRONMENTAL QUALITY ¢ Signature“ “~~ MbASGL CABVERA Printed Name DItEC TO Title Page 2 of 7 EV20-0009 AGREEMENT TERMS Recitals: The purpose of this Agreement is to administer the Maricopa County Voluntary Vehicle Repair Program (VVRP), as required by A.R.S. § 49-474.03. 1.1 ADEQ has the capacity, an agreement with a centralized vehicle emissions testing contractor, and list of quality repair facilities to effectively manage the VVRP. This will allow the efficient repairing of qualified vehicles, while assisting constituents and improving the State’s air quality. 1.2 ADEQ will work directly with the centralized vehicle emissions testing contractor. ADEQ will be responsible for paying the contractor for services that will be rendered. 1.3 The Parties agree to expeditiously initiate and complete the scope of work under this Agreement. The Parties warrant, represent and agree that it, employees and representatives will comply with all applicable provisions provided herein. Definitions: The following definitions shall apply to the terms used in this Agreement, except where the context necessarily requires otherwise. 2.1 “§? means Section. 2.2 “A.A.C.” means Arizona Administrative Code. 2.3 “A.R.S.” means Arizona Revised Statutes. 2.4 “Agreement” means this written document between ADEQ and the County. 2,5 “Centralized vehicle emissions testing contractor” means the entity that ADEQ contracts with pursuant to A.R.S. § 49-545. 2.6 “County” means MARICOPA COUNTY. 2.7 “Department” or “ADEQ” means the Arizona Department of Environmental Quality, 2.8 “Parties” means ADEQ and MARICOPA COUNTY, 2.9 “State” means the State of Arizona. 2.10 “VVRP” means Voluntary Vehicle Repair Program. Access to Information: Subject to statutory confidentiality requirements of the County and ADEQ, 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. Amendment: This Agreement may be modified only by written Contract Amendment signed by the Director or designee, of ADEQ and the person duly authorized to act on behalf of the County. Contract Amendments shall be executed with the same formalities as this Agreement. Executed copies of any Amendment shall be provided to both parties. Amount of Agreement: No funding is provided under this Agreement between Maricopa County and ADEQ. Any changes or modifications to any part of this Agreement shall be modified only by written Contract Amendment. Governing Law: Page 3 of 7 6.1 This Contract shall be governed by and construed in accordance with the laws of the State of Arizona. 6.2 Implied Consent Terms: Each provision of law and any terms required by law to be in this Agreement are a part of this Agreement as if fully stated in it. Assignment: Neither Party may assign any rights hereunder without the express, written, prior consent of the other Party. Audit of Records: Pursuant to Arizona Revised Statutes (“A.R.S.”) Section (“§”)35-214 and §35-215, the centralized vehicle emissions testing contractor 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 at reasonable times. Cancellation of State Contracts: Both parties may cancel this Agreement, without penalty of further obligation, pursuant to A.R.S. § 38-511. 10. Agreement Term: The initial term of this Agreement shall be from the commencement of signatures by both parties through June 30, 2020. The Agreement may be renegotiated for additional periods, by formal Contract Amendment, subject to the requirements and/or limitations by Federal or State regulations. 11. Effective Date: This Agreement shall become effective upon execution of the agreement by all parties. 12. Non-Availability of Funds: Every payment obligation of ADEQ under this Contract 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. 13. Notices, Correspondence, Reports and Invoices: 13.1 All notices and correspondence shall be sent to: For ADEQ: For Maricopa County: Steve Calderon Tina Wesoloskie, Manager Section Manager Travel Reduction and Outreach Division Air Quality Vehicle Emissions Section Maricopa County Air Quality Department Arizona Department of Environmental Quality 3800 N. Central Avenue 1110 West Washington Street Suite 1400 Phoenix, AZ 85007 Phoenix, AZ 85012 (602) 771-7676 (602) 506-6936 Calderon.Steve@azdeq.gov Tina. Wesoloskie@maricopa.gov 13.2 All correspondence relating to the execution of the Contract, clarification of this Contract, and Contract Amendments shall be sent to: For ADEQ: For Maricopa County: Louis Anaya, Procurement Specialist Philip McNeely, Director Arizona Department of Environmental Quality Maricopa County Air Quality 1110 W. Washington Street 3800 N. Central Avenue #1400 Phoenix, AZ 85007 Phoenix, AZ 85012 (602) 771-4779 (602) 506-6443 Anaya.Lous@azdeq.gov Philip. Mcnecly@maricopa.gov Page 4 of 7 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, data, and other materials prepared by the centralized vehicle emissions testing contractor in performance of this Agreement shall rest in ADEQ, except for copyrighted material prepared in advance of this Agreement by the centralized vehicle emissions testing contractor at the expense of the centralized vehicle emissions testing contractor. ADEQ shall have full and complete rights to reproduce, duplicate, disclose, perform and otherwise use all information prepared under this Agreement, except for copyrighted material as provided in this Section. The centralized vehicle emissions testing contractor shall have full and complete rights to reproduce, duplicate, disclose, perform and otherwise use all information prepared under this Agreement with the provision that all reproduction, duplication, disclosures and literature shall contain acknowledgement to ADEQ. 15. Reporting: Reporting pursuant to A.R.S. § 49-474.03(G) shall be in accordance with the Scope of Work included in this Agreement. In addition, ADEQ will provide quarterly reports to the County no later than 45 days after each quarter close. 16. Printing Credit: Promotional materials, such as brochures, advertisements, videos, maps, technical reports, etc. developed for the VVRP, shall show credit to ADEQ. All promotional materials shall be printed to the extent possible on recycled paper with the statement “Printed on Recycled Paper” printed on the cover sheet. 17. VVRP Review: 17.1 It is the responsibility of ADEQ to coordinate with the County regarding the progress of VVRP. The County may request, at its discretion, and ADEQ shall provide, progress updates. 17.2 The “County” reserves the right to review and approve any and all forms, questionnaires, brochures, training materials and other special purpose documents developed for use in VVRP. ADEQ shall provide the “County” with copies of documents created for the VVRP. 18. Severability: The provisions of this Agreement are severable to the extent that any provision or application 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. 19. Termination: 19.1] ADEQ or the County may terminate this Agreement at any time, with or without cause, after giving 30 days written notice of termination to the County or ADEQ, as appropriate. The notice shall specify the effective date of termination. 19.2 In the event the Agreement is terminated, with or without cause, the centralized vehicle emission testing contractor shall deliver all finished or unfinished documents, data, and reports prepared as a result of this Agreement to ADEQ. 20. Indemnification: 20.1 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. Page 5 of 7 EV20-0009 VOLUNTARY VEHICLE REPAIR PROGRAM OVERVIEW The Arizona Department of Environmental! Quality will administer the Voluntary Vehicle Repair Program (VVRP) in Maricopa County under Maricopa County’s authorization. ADEQ will limit administrative costs to the program by using existing ADEQ funds and staff. Costs to the VVRP fund will be limited to the centralized emissions testing contractor’s administrative costs, and reimbursable repairs. The VVRP will allow vehicles that are 12 years and older than the current calendar year to be repaired with current technology if the vehicle fails an emissions test. The VVRP will pay up to $550 for emissions repairs, and the vehicle’s owner is responsible for a copayment of $150. Diesel powered vehicles with gross vehicle rating of more than 8,500 pounds that are registered in Area A or B and fail any random roadside test conducted by the state or that fail the emissions test conducted pursuant to A.R.S. § 49-542 are eligible for up one thousand dollars in repair costs from the program. Qualified vehicle owners pursuant to this subsection shall be responsible for one-half of the costs of the qualified repairs and the other half of the costs shall be funded from the program up to one thousand dollars. An owner of vehicles that are registered as a fleet shall not receive more than ten thousand dollars. No more than twenty-five per cent of the program funds in any may year be used for diesel repairs. Under the terms of ADEQ contract ADEQ14-052318, the centralized vehicle emissions testing contractor is responsible for vehicle testing, customer education, vehicle repair facility references, paying of repair facility invoices and the retesting of vehicles for Maricopa County. The centralized vehicle emissions testing contractor will then invoice ADEQ for the cost of repairs as well as $40 per vehicle that was repaired. The cost of the VVRP will include the following: Promotions $150,000 Administrative Fee per Vehicle (5,000 vehicle estimate) $200,000 Maximum Cost of Gasoline Vehicle Reimbursable Repairs (5,000 vehicle estimate)* $2,650,000 Total Cost: $3,000,000 *The owners of qualifying diesel vehicles are eligible for up to $1000 per vehicle for reimbursement of emission-related repairs. Repairs must be made by a certified diesel repair facility. No more than 25 percent of program funds may be used for diesel repairs. Page 6 of 7 EV20-0009 SCOPE OF WORK The Arizona Department of Environmental Quality (ADEQ), under the authorization of Maricopa County (the County) in accordance with A.R.S. § 11-953 and A.R.S. § 49-474.03, shall administer a Voluntary Vehicle Repair Program (VVRP). The VVRP shall provide for real and quantifiable emissions reduction based on actual emissions testing performed on the vehicle before and after repair. 1. The County shall provide the following services: 1.1. Pursuant to A.R.S. § 49-474.03, the county shall coordinate with ADEQ to administer the VVRP. 2. ADEQ shall provide the following services either through the agency or through the agency’s relationship with the centralized vehicle emissions testing contractor: 2.1. ADEQ will review and pay invoices submitted by the centralized vehicle emissions testing contractor, including periodic auditing of those invoices. 2.2. ADEQ will quantify emissions reductions from the VVRP. ADEQ will be responsible for providing a quarterly report to the County no later than 45 days after the close of each quarter. By December 1 of each calendar year, the ADEQ shall prepare and submit a progress report to the County, Arizona Department of Transportation, the Arizona Speaker of the House of Representatives, the Arizona President of the Senate, the Governor of Arizona, the Arizona Secretary of State and the Director of the Arizona State Library Archives and Public Records on the VVRP that contains at least the following information: ° The number of vehicles repaired by model year and associated repair costs; ° The amount and nature of vehicle emissions reduced; ° The cost-effectiveness of the VVRP in terms of dollars spent per ton of vehicle emission reductions; ° Any recommendations for improving the effectiveness of the VVRP; and ° The administrative costs of the VVRP. 2.3. Print and provide pre-qualification checklist and VVRP application. 2.4. Determine eligibility of vehicles for VVRP. 2.5. Contract with repair facilities eligible to participate in the VVRP. 2.6. Provide information on participating repair facilities to the customer. 2.7. Perform pre and post-repair testing and transmit results to repair facility. 2.8, Verify all emission related repairs performed by participating repair facility, 2.9. Reimburse participating repair facilities for emission related repair costs. Page 7 of 7 THIS PAGE INTENTIANALLY BLANK VOLUNTARY VEHICLE REPAIR PROGRAM (VVRP) FY20 WORK PLAN Table of Contents BACKGROUND... 5, = SRDS tee oo EE AE OE TET on noni nn ance ea thon as ancses apenas tates MianesM action 2 Historical Overview............csssssesseserssssssrssssssscncnssausensscessatsecenussesesssesessasseeoesesesseesaeceesseeesarseepentsaeneasarnes 2 Vehicles Eligible for VVRP..........:ccccscseccssssssseecessseneceessecssssseessseansssaeenansseoneneseasenseneateges i capenesesererecoeen 2 WVRP Process ........cecccceescnssssesesnseneteesnssensessecenenssecsessseesesesadssensaseseesesserscusassasesersseusseseesatseenseensseeanisansages 2 VVRP Fee Structute 4 ssiscsssssssiecsessionsvacsnscaninissansseisbcnssissaaboaciassdssasssesossssnvonsenvorsesssssrsvsssseeneessasovsnsatersepeeretes ADEQ VVRP RESPONSIBILITIES. ........ccsssccccscsssssssvessssnesssessssnenencssseeassesnessssaneenescenesseatsessseneseeeeassensaes 4 ADEQ Administrative Responsibilities 0.00.00... sescssscsssesecesersncensescsarseceserstseeessnsenenasangenscosetsesansnseass 4 VVRP Branding Responsibilities ................:ccccccsssssssrseesenseseesssesesesesesanerscseassensneeseseeeseaeaeessesacesiensneeseee 5 Participating VVRP Repair Facilities Compliance and Audit Plam............scsscssssssssesseseseseeseseaseenesees 6 VVRP Verification Technician and State Inspectot Qualifications..............ccsccssscceeeseseneesssessesssneens 6 ADEQ State Station/Fleet Inspector Certification Requirement: ............:ccccecssesseeeseeeseesensenees 7 VVRP Reporting... asa sosenesastaease sGisrse cuss SIN NON Ga Se CORE MCT ne SOG VES SO WONG EST METS OES mamarecrll PARTICIPATING VVRP REPAIR FACILITIES RESPONSIBILITY 8 ...........cccccccsescssssesessesssesseeesees Page 1 of 8 BACKGROUND Historical Overview The Voluntary Vehicle Repair Program (VVRP) helps Arizonans comply with the requirement to successfully repair vehicles that had failed emissions inspections. Arizona Revised Statues § 49-474.03 tequires Maricopa and Pima Counties to operate and administer the VVRP and to coordinate the ptogram with both the Arizona Department of Environmental Quality (ADEQ) and the Arizona Department of Transportation (ADOT). The program is requited to provide quantifiable emission reductions based on actual emissions testing performed on each vehicle before and after repait. Vehicles Eligible for VVRP 1. Gasoline Vehicles The vehicle owner shall be willing to participate in the program. The vehicle shall be at least 12 years older than the current calendar year. The vehicle being repaired shall be functionally operational. The vehicle being repaired shall be titled in Arizona and shall have taken the emission inspection test. The vehicle shall have been registered during the immediately preceding twelve months and shall not have been unregistered for more than 60 days after failing the test. The emissions control system shall be tamper free, and not have been temoved or disabled, in whole or in part. The vehicle shall be taken to a participating VVRP Repair Facility. Any repairs that are not completed by a participating VVRP Repair Facility are not eligible for payment. Participation in the program shall be limited to one vehicle per owner. Motor homes, motorcycles, salvage vehicles, and fleet vehicles shall not be eligible to participate in the program. 2. Diesel Vehicles e Diesel vehicles with a Gross Vehicle Weight Rating (GVWR) of 8,501 Ibs and greater that fail an emissions test may get up to $1,000 for repairs. A.R.S. § 49-474.03 (C). A diesel fleet owner shall not receive more than a total of $10,000 for vehicle repairs. ¢ No more than 25% of the program funds in a year can be used for heavy duty diesel repairs. VVRP Process The following is the VVRP process for vehicles failing the initial emission test: @ The customer attives at a state station for an emissions test. Gordon Darby Arizona Testing Inc. (GDAT) shall perform the applicable test on the vehicle. If the vehicle fails, GDAT shall inform the customer that the vehicle failed the emissions inspection and describe the VVRP to the customer. Page 2 of 8 A GDAT technical advisor (T'A) shall review the program qualification checklist with the customer in order to verify that the vehicle meets the requirements to be accepted in the VVRP. o Ifthe vehicle does not meet the VVRP requirements, then the vehicle is not eligible for the program and must pass the required emissions inspection for registration. o If the customer elects to participate in program, they have 60 days to fulfill all VVRP requirements. For vehicles that recetve an on-board diagnostic test (OBD), GDAT lane inspectors will perform a loaded/idle test to generate pre-repair emissions reading. After qualification is complete and pre-repait emissions measurement are taken, the customer shall take the vehicle to a participating VVRP repair facility for diagnosis and repair. In the alternative, the customer may choose to bring their vehicle to a shop of their choice. That shop may be given the opportunity to apply for the VVRP. If the shop meets all the requirements to become a patticipating VVRP repair facility and passes an audit from an ADEQ compliance officer, the shop may be admitted as a participating VVRP repair facility on a conditional basis. The participating VVRP repair facility shall explain the program to the customer. The customer shall sign an agreement with the participating VVRP repair facility to have the vehicle diagnosed and repaired. The participating VVRP repair facility will review the test results from the initial test failure and diagnose the vehicle’s emissions failure. The participating VVRP tepair facility shall inform the customer of needed repairs and the associated cost. If the customer agrees to proceed with the vehicle repairs then, © The customer agrees to pay a $150 co-payment to the VVRP repair facility. If the customer does not agree to proceed with the vehicle repairs then, oO The customer agtees to pay the $75 diagnostic fee. The vehicle shall be repaired as per the participating VVRP repair facility/customers agreement. The vehicle shall be returned to a GDAT testing lane within seven (7) days of the repair by the customer for a retest. o The customer has the option to pay the participating VVRP repair facility a $25 non- refundable fee to return the vehicle to a GDAT testing facility for the retest. A GDAT facility shall perform a retest of a vehicle participating in the VVRP to determine if the vehicle passes (for both OBD and non-OBD vehicles). A waiver lane certified inspector shall inspect the repairs to ensure that the repair shop has replaced or repaired the items in the initial diagnosis. If the vehicle passes the emission test: o The vehicle shall be given a tailpipe test to quantify emissions reductions. GDAT shall then transmit test results to ADEQ and participating VVRP repair facilities. If the vehicle fatls the emissions test: o As part of the VVRP requirements, the vehicle shall pass the emissions test. If the vehicle fails, the participating VVRP repair facility shall perform additional repairs at no additional charge to the VVRP ot vehicle owner. GDAT shall compensate participating VVRP repair facilities for repairs within five (5) business days of receipt of invoice. On a monthly basis, GDAT shall submit repait invoices to ADEQ for reimbursement. Page 3 of 8 e ADEQ shall remit payment to GDAT. VVRP Fee Structure Pursuant to A.R.S. § 49-474.03 (D), a total of $550 will be made available to the customet for repair of emissions related failures. The customer is responsible for a $150 co-payment and any costs gteater than $700. The customer can choose to not participate in the program. The following table shows a breakdown and responsibilities of the overall VVRP costs. VVRP Fee Structure Regarding the Customer Reimbursable Gasoline Vehicle Repair Costs (VVRP) $550 Co-payment (vehicle owner) $150 Total Program and Minimum Vehicle Owner Costs $700 LEGEND: 1. $25 non-refundable fee —'The customer is required to return to the emission testing station within seven (7) days of the repair for post-repait emission testing. Also the customer has the option to pay the participating VVRP repair facility this non-refundable fee. 2. $75 non-refundable fee — If after diagnosis is complete and the customer chooses not to participate in the program the fee will be charged. Diesel powered vehicles with gross vehicle tating of more than 8,500 pounds that are registered in Area A or B and fail any random roadside test conducted by the state or that fail the emissions test conducted pursuant to A.R.S. § 49-542 are eligible for up one thousand dollars in repair costs from the program. Qualified vehicle owners pursuant to this subsection shall be responsible for one-half of the costs of the qualified repairs and the other half of the costs shall be funded from the program up to one thousand dollars. An owner of vehicles that are registered as a fleet shall not receive more than ten thousand dollars in total monies. No more than twenty-five per cent of the program funds in any year may be used for diesel repairs. ADEQ VVRP RESPONSIBILITIES ADEQ Administrative Responsibilities e ADEQ shall provide participating VVRP repair facilities with all necessary paperwork including: customer agreements, surveys, postage paid envelops, etc. e ADEQ shall train staff who answer a dedicated phone line and GDAT staff regarding the VVRP. ¢ ADEQ shall provide the participating VVRP repair facilities. e ADEQ shall perform inspections of the participating VVRP repair facilities and GDAT technicians performing repair verifications. e ADEQ shall audit a minimum 75% of the participating VVRP repair facilities invoices quarterly. Page 4 of 8 @ In addition, ADEQ shall audit a minimum 75% of GDAT invoices quarterly. ADEQ shall provide staff support to the counties advisory committees. VVRP Branding Responsibilities Maticopa and/or Pima Counties branding shall not be included in any of the marketing, materials or ptogram-related documents produced by ADEQ ot GDAT used for the VVRP. Participating VVRP Repair Facilities Pursuant in part in the Arizona Revised Statutes A.R.S. § 49-474.03(B)(8), vehicles participating in the VVRP shall be taken to a patticipating VVRP repair facility. Any repairs not performed at a participating VVRP repair facility ate not eligible for payment. ADEQ shall solicit and inspect participating VVRP repair facilities. Participating VVRP repair facilities shall be reviewed annually by ADEQ and if their performance is satisfactory they will be renewed. ADEQ shall also add/replace participating VVRP repair facilities as needed based on their performance. ADEQ will be using the following guidelines to certify VVRP repair facilities: 1. The repair facility shall employ at least one ASE certified technician in the following: e Advance engine performance specialist (L1); e Master certification (A1) through (A8); or e A combination of (A6), (A8), and one other additional (A) series certification. e Another nationally recognized license that is the equivalent of the previously listed ASE certifications. 2. Equipment e Current release of Mitchell 1 Manager/Manager Plus and/or On Demand5 Estimator or an equivalent vehicle repair industry softwate to ensure standardized repair estimates and invoicing. e An ADEQ approved scan tool. 3. Additional Requirements Internet access; City business license; The shop agtees to grant ADEQ permission to inspect the facility and review invoices of VVRP repairs. The shop maintains a record of positive customer setvice. The behavior of the shop positively reflects upon the mission of the VVRP, the County, and the State. Proper storage of hazardous materials and proper waste disposal. Clean reception area with comfortable customer waiting area. Safe access to and from the parking lot. Sufficient parking for customers. Signage visible from the street. Page 5 of 8 Participating VVRP Repait Facilities Compliance and Audit Plan The purpose of the audit is to ensure that all RRF’s participating in the VVRP perform all aspects of the emissions repairs within the guidelines of the VVRP. Pursuant in part in the Arizona Revised Statutes A.R.S. § 49-474.03(B)(8), the vehicle is taken to a participating VVRP repair facility. Any repairs not performed at a participating VVRP repair facility shall not be eligible for payment. To ensure the integrity of the program, all participating VVRP repair facilities shall be audited biannually as follows: 1. Upon arriving at the facility, the state inspector shall show identification and advise the owner ot on site representative the purpose of the visit. 2. The state inspector shall verify that the facility employs a certified technician, and that the technictan’s certifications are current. If the facility does not meet the requirement, the state inspector shall discontinue the audit and inform the owner that their facility does not meet the participating VVRP repair facility requirements and is not authorized to be in the program. 3. The state inspector shall review documents of vehicles that have been repaired or ate in the ptocess of being repaired. The state inspector shall ensure the participating VVRP repair facility has all the necessary equipment to conduct the emissions diagnosis and repairs and record comments on the checklist. 4. The state inspector shall observe any current vehicles being repaired for emissions and record comments on the checklist. 5. If there are any concerns or the participating VVRP Repair Facility does not meet the requirements of being in the program, explain the requirements to the participating VVRP repair facility and that they will be removed from the program if they do not meet the requirements. 6. ADEQ inspectors will assist customers with complaints received from either GDAT or participating VVRP repair facilities. At the conclusion of the audit the state inspector will provide a copy of the checklist to the owner ot the on-site representative. VVRP Verification Technician and State Inspector Qualifications GDAT waiver lane technicians will inspect and verify repairs that have been performed by the patticipating VVRP repair facilities. Below is the certification criteria for the waiver lane technicians. GDAT Waiver Lane Technician Certification Requitements: GDAT IM-147 certification (Area A). Attend an ADEQ waiver lane certification training class. Show proficiency on how to identify valid repair receipts, estimates and completed repairs on all makes and models of vehicles that have failed the Arizona State emissions test. e Pass an ADEQ waiver lane certification test with a score of 80% or better. Page 6 of 8 ADEQ state station/fleet inspectors will audit GDAT and the participating VVRP repair facilities equipment and technicians on a regularly scheduled basis. Below is the certification criteria for ADEQ state station/ fleet inspectots. ADEQ State Station/Fleet Inspector Certification Requirements: e Pass the Equipment Repair Technician Certification Test with a score of 80% ot better. Be cross trained and show proficiency in both state station, fleet equipment, and personnel auditing. e Pass an ADEQ Diesel and Non-Diesel Vehicle Emissions Inspector Cettification Test with a score of 80% ot better. e Attend an ADEQ waiver lane certification training class. e Pass an ADEQ waiver lane certification test with a scote of 80% or bettet. VVRP Survey Review ADEQ will review customer surveys, track results, and inchide results in the ADEQ Annual Repott. ADEQ Outreach to Participating VVRP Repair Facilities In order to find participating VVRP repair facilities, ADEQ shall continue to reach out to qualified repair facilities and provide them information about joining the VVRP. Efforts will be conducted in both Maricopa and Pima Counties. ADEQ will explain the statutes governing the VVRP and additional requirements for equipment and personnel training during any open house discussions. VVRP Reporting ADEQ will quantify emissions reductions from the VVRP. ADEQ will be responsible for providing a quatterly report to the County no later than 45 days after the close of each quarter containing the information below. By December 1 of each calendar year, ADEQ shall also prepate and submit an annual progtess report to the County, the Department of Transportation, the Speaker of the House of Representatives, the President of the Senate, the Governor, the Secretary of State and the Director of the Arizona State Library Archives and Public Records on the VVRP that contains at least the following information: 1. The number of vehicles repaired by model year and associated repair costs. The cost-effectiveness of the program in terms of dollars spent per ton of vehicle emission reductions. 3. Any recommendations for improving the effectiveness of the program. 4. ‘The administrative costs of the program. Metrics and data to be reported in quarterly and annual progtess reports: 1. Graph of the success rate of vehicles passing emissions on the second attempt with the goal of a 95% pass tate. 2. Track and verify that ADEQ can repair an equal or greater number of vehicles than when the Page 7 of 8 Counties operated the program. Track the audit compliance and ensure that a 90% compliance rate is achieved by the VVRP shops. a. Bi-monthly tracking for the first six months or until a 90% compliance rate is achieved. b. Quarterly tracking for the next six months or until a 90% compliance rate is achieved. c. Annual tracking as long as there is a 90% compliance rate. Percentage increase in the number of vehicles repaired compared to previous yeat. ra Percentage increase in the tons of vehicle emissions reduced. Documentation of all outreach activities and steps taken to effectively promote the VVRP to the community and significantly increase the number of customers patticipating in the ptogram (include copies of advertisements, press releases, flyers, and any other associated outreach materials). All administrative costs of the program, regardless of funding soutce, including but not limited to personnel, overhead, supplies, subcontractor, advertising, printing, etc.). PARTICIPATING VVRP REPAIR FACILITIES RESPONSIBILITY The participating VVRP repair facilities shall be responsible for the following: Obtaining a signed customer agreement form and taking copayment. Completing the vehicle diagnostic and providing a written estimate to the customer for approval to continue in the program. Completing the emission related repairs. Finalizing additional payment from customers for repairs, if the repairs go beyond the combined $700 amount (see VVRP Fee Structure Regarding the Customer table on page 4). Ensuring that the customer can opt to have the participating VVRP repair facility take the vehicle to the emissions station for post-tepair testing for a fee of $25.00. Submitting invoices to GDAT for reimbursement. Page 8 of 8