FY20 MCAQD VM TRP ADEQ FUNDING FINAL FOR VM SIGNATURE .PDF
Extracted text (via pymupdf_layout)
46812 characters
Section I - General Provisions ________________________________________________________________________________________ MARICOPA COUNTY and the REGIONAL PUBLIC TRANSPORTATION AUTHORITY MCAQDTRP-RPTAVM ADEQTRP 1. Agreement No.: (ADEQTRP/CAC) 2. Agreement Type: Cost Reimbursement 3. Agreement Amount: $150,000.00 4. Purpose: Travel Reduction Services 5. Budget Code: ADEQTRP FY20 TRASub 6. Contractor FEI/SSN: 86-0557533 7. Start Date: July 1, 2019 8. Expiration Date: June 30, 2020 This Agreement is entered into by and betw een Maricopa County by and through its Air Quality Department, referred to hereinafter as County and Regional Public Transportation Authority, referred to hereinafter as Contractor. The Contractor, for and in consideration of the covenants and conditions set forth herein, shall provide and perform the services as set forth below . All rights and obligations of the parties shall be governed by the terms of this document, its Exhibits, Attachments and Appendices, including any Sub-agreements or Amendments as set forth herein and in: Section I - General Provisions Section III - Work Statement Section II - Special Provisions Section IV - Compensation This Agreement contains all the terms and conditions agreed to by the parties. No other understanding, oral or otherw ise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. Nothing in this Agreement shall be construed as a w aiver of any defense in a suit brought against the State of Arizona, Maricopa County, Air Quality Department, or Contractor, in any State or Federal Court. Notice under this Agreement shall be given by personal delivery or by registered or certified mail to the addresses set forth below and shall be effective upon receipt by the party to w hom addressed unless otherw ise indicated in said notice. Notice to Maricopa County: Maricopa County Air Quality Department Phone: 602-506-6750 ATTN: Director - Air Quality Department 3800 N. Central, Suite 1400, Phoenix AZ 85012 Notice to Contractor: Regional Public Transportation Authority Phone: 602-262-7433 ATTN: Chief Executive Officer 101 N. 1st Avenue, Suite 1400, Phoenix AZ 85003 IN WITNESS WHEREOF, the parties enter into this Agreement: Maricopa County: Board of Supervisors Contractor: Regional Public Transportation Authority Signature: ____________________________________ Signature: ______________________________________ Bill Gates, Chairman of the Board Scott Smith, Chief Executive Officer Date: ______________________________________ Date: ________________________________________ Attest: ______________________________________ Attest: ________________________________________ Date: ______________________________________ Date: ________________________________________ Pursuant to A.R.S. §11-952, the Maricopa County Pursuant to A.R.S. §11-952, the Counsel for the Contractor Attorney’s Office has determined that this has determined that this Intergovernmental Agreement is Intergovernmental Agreement is w ithin the pow ers and w ithin the pow ers and authority granted under the laws of authority granted under the law s of the State of Arizona. the State of Arizona. Signature: ____________________________________ Signature: ______________________________________ Date: ______________________________________ Date: ________________________________________ MCAQD_VM FY20 TRP Agreement ADEQ Funds 1 Section I - General Provisions ________________________________________________________________________________________ 1. RECITALS A. The County is empow ered by Arizona Revised Statutes Sections 11-951 through 11-954 to enter into this Agreement. B. The Contractor is empow ered by Arizona Revised Statutes Sections 48-5122, 48-5123, 28-8131 and 49-582 to enter into this Agreement. 2. EFFECT To the extent that the Special Provisions are in conflict w ith the General Provisions, the Special Provisions shall control. To the extent that the Work Statement(s) and the Special or General Provisions are in conflict, the Work Statement(s) shall control. 3. DEFINITIONS As used throughout these GENERAL PROVISIONS, the follow ing terms shall have the meanings set forth: A. Agreement means this document and all attachments hereto. B. Contractor means the person, firm or organization listed on the Cover Page of this Agreement. C. Director means the Director of the Maricopa County Air Quality Department. D. Funding Source means any Federal, State or Private Department funding source w hich may impose conditions on the funding that w ill be passed on to the Contractor. E. Travel Reduction Program (TRP) means a program that implements a travel reduction plan by an employer or school and is designed to achieve target reductions in the rate of single-occupancy vehicle trips and/or in the rate of single-occupancy vehicle miles traveled. Reductions can occur through the implementation of various travel reduction measures and/or equivalent emissions reduction measures. 4. GENERAL REQUIREMENTS A. The terms of this Agreement shall be construed in accordance w ith Arizona law ; any action thereon shall be brought in the appropriate court in the State of Arizona. B. The Contractor shall, w ithout limitation, obtain and maintain all licenses, permits, and authority necessary to do business, render services, and perform w ork under this Agreement, and shall comply w ith all law s regarding unemployment insurance, disability insurance and w orker's compensation. C. The Contractor is an independent Contractor in the performance of w ork and the provision of services under this Agreement and is not to be considered an officer, employee or agent of Maricopa County. 5. AMENDMENTS All Amendments to this Agreement must be in w riting and signed by both parties. 6. ASSIGNMENT/SUBCONTRACTING No right, liability, obligation or duty under this Agreement can be assigned, delegated or subcontracted in w hole or in part, w ithout the prior w ritten approval of the Director. 7. RETENTION OF RECORDS The Contractor agrees to retain all financial books, records and other documents relevant to this Agreement for five (5) years after final payment or until after the resolution of any audit questions w hich could be more than five (5) years, w hichever is longer. The Department, Federal or State auditors and any other persons duly authorized by the Department shall have full access to, and the right to examine, copy and make use of any and all said materials. MCAQD_VM FY20 TRP Agreement ADEQ Funds 2 Section I - General Provisions ________________________________________________________________________________________ 8. ADEQUACY OF RECORDS If the Contractor's books, records and other documents relevant to this Agreement are not sufficient to support and document that allow able services w ere provided to eligible clients, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented. 9. AUDIT DISALLOWANCES A. The Contractor shall, upon w ritten notice thereof, reimburse Maricopa County for any payments made under this Agreement w hich are disallow ed by a Federal, State or Maricopa County audit in the amount of the disallow ance, as w ell as court costs and attorney fees w hich Maricopa County spends to pursue legal action relating to such a disallow ance. Court costs and attorney fees incurred w ill be specifically identified as applicable to the recovery of the disallow ed costs in question. B. If at any time it is determined by the Department that a cost for w hich payment has been made is a disallow ed cost, the Department shall notify the Contractor in w riting of the disallow ance and the required course of action, w hich shall be at the option of the Department either to adjust any future claim submitted by the Contractor by the amount of the disallow ance or to require repayment of the disallow ed amount by the Contractor forthwith issuing a check payable to Maricopa County. 10. AVAILABILITY OF FUNDS A. The provisions of this Agreement relating to payment for services shall become effective w hen funds assigned for the purpose of compensating the Contractor as herein provided are actually available to the Department for disbursement. The Department shall be the sole judge and authority in determining the availability of funds under this Contract and the Department shall keep the Contractor fully informed as to the availability of funds. B. If any action is taken by any State department, Federal department or any other Department or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection w ith, this Agreement, the Department may amend, suspend, decrease, or terminate its obligations under, or in connection w ith, this Agreement. In the event of termination, the Department shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services performed are in accordance w ith the provisions of this Agreement. The Department shall give w ritten notice of the effective date of any suspension, amendment, or termination under this section, at least ten (10) days in advance. 11. CONTRACT COMPLIANCE MONITORING The Department shall monitor the Contractor's compliance w ith, and performance under, the terms and conditions of this Agreement. Onsite visits for Agreement compliance monitoring may be made by the Department and/or its grantor agencies at any time during the Contractor’s normal business hours, announced or unannounced. The Contractor shall make available for inspection and/or copying by the Department's monitors, all records and accounts relating to the w ork performed or the services provided under this Agreement, or for similar w ork and/or service provided under other grants and Agreements. 12. CONTINGENCY RELATING TO OTHER AGREEMENTS, CONTRACTS AND/OR GRANTS A. The Contractor w ill, during the term of this Agreement, immediately inform the Department in w riting of the aw ard of any other Travel Reduction Program related agreement, contract or grant including any other agreement, contract or grant aw arded by the Department w here the aw ard of such agreement, contract or grant may affect either the direct or indirect costs being paid/reimbursed under this Agreement. Failure by the Contractor to notify the Department of such aw ard shall be considered in violation of the Agreement and the Department shall have the right to annul this Agreement w ithout liability. B. The Department may request, and the Contractor shall provide w ithin a reasonable time, a copy of such other agreement, contract or grant, w hen in the opinion of the Department the aw ard of the other agreement, contract or grant may affect the costs being paid or reimbursed under this Agreement. C. If the Department determines that the aw ard to the Contractor of such other Federal or State agreement, contract or grant has affected the costs being paid or reimbursed under this Agreement, the Department shall prepare an Agreement Amendment effecting a cost adjustment. If the Contractor protests the proposed cost adjustment, the protest shall be construed as a dispute w ithin the meaning of the "Disputes" clause contained herein. MCAQD_VM FY20 TRP Agreement ADEQ Funds 3 Section I - General Provisions ________________________________________________________________________________________ 13. DEFAULT The Director may suspend, modify or recommend termination of this Agreement immediately upon w ritten notice to Contractor in the event of a non-performance of stated objectives or other material breach of contractual obligations; or upon the happening on any event w hich w ould jeopardize the ability of the Contractor to perform any of its contractual obligations. Such determination w ill not be made until such time as the disputes process has been exhausted as specified in the Disputes Clause of the Special Provisions. 14. TERMINATION A. Either party may terminate this Agreement at any time, w ith ninety (90) days’ notice in w riting to the other party (unless terminated by Department under Availability of Funds provision). Such notice shall be given by personal delivery or by Registered or Certified mail. B. This Agreement may be terminated by mutual w ritten agreement of the parties specifying the termination date therein. C. The Department has the right to terminate this Agreement upon tw enty-four (24) hour notice w hen Contractor non-compliance jeopardizes funding source financial participation. If not terminated by one of the above methods, this Agreement w ill terminate upon the expiration of the term of this Agreement as stated on the Cover Page. D. In the event of termination, the Department shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services performed are in accordance w ith the provisions of this Agreement. 15. SEVERABILITY Any provision of this Agreement w hich is determined to be invalid, void or illegal shall in no w ay affect, impair or invalidate any provision hereof, and remaining provisions shall remain in full force and effect. 16. STRICT COMPLIANCE Acceptance by the Department of performance not in strict compliance w ith the terms hereof shall not be deemed to w aive the requirement of strict compliance for all future performance obligations. All changes in performance obligations under this Agreement must be in w riting. 17. NON-LIABILITY Maricopa County and its officers and employees shall not be liable for any act or omission by the Contractor or Subcontractor or any employee, officer, agent or representative of Contractor or Subcontractor occurring in the performance of this Agreement, nor shall these entities be liable for purchases or contracts made by the Contractor in anticipation of the effectiveness of this Agreement. 18. INDEMNITY To the extent permitted by law , each party agrees to indemnify, hold harmless and defend the other, its officers and employees, their officers, boards, commissions and employees, from and against any and all claims, damages, suits and proceedings, regardless of the merits, from liability, punitive damages, cost or expense or every type (including reasonable attorney's fees), all or any part thereof arising out of or in connection w ith or by reason of any act or omission of either party or any of its subcontractors or anyone directly or indirectly employed by the other party. Each party shall include a clause to this effect in all subcontracts ensuring to the benefit of the other entity. 19. COVENANT AGAINST CONTINGENT FEES The Contractor w arrants that no person or organizational entity has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee. For breach or violation of this w arranty, the Department shall have the right to annul this contract w ithout liability. MCAQD_VM FY20 TRP Agreement ADEQ Funds 4 Section I - General Provisions ________________________________________________________________________________________ 20. RIGHTS IN DATA The parties hereto shall have the use of data and reports resulting from this Agreement w ithout cost or other restriction except as may be established by law or applicable regulation. Each party shall supply to the other party, upon request, any available information that is relevant to this Agreement and to the performance there under. 21. NON-DISCRIMINATION The Contractor, in connection w ith any service or other activity under this Agreement, shall not in any w ay otherwise discriminate against any person the grounds of race, color, religion, sex, national origin, age, handicap, political affiliation or belief. The Contractor shall include a clause to this effect in all subcontracts ensuring to the benefit of the Contractor or the Department. 22. EQUAL EMPLOYMENT OPPORTUNITY The Contractor w ill not discriminate against any employee or applicant for employment because of race, age, handicap, color, religion, sex or national origin. The Contractor w ill take affirmative action to insure that applicants are employed and that employees are treated during employment w ithout regard to their race, age, handicap, color, religion, sex or national origin. Such action shall include, but not be limited to the follow ing: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor w ill to the extent such provisions apply, comply w ith Title VI and VII of the Federal Civil Rights Act; the Federal Rehabilitation Act; the Age Discrimination in Employment Act; the Immigration Reform and Control Act of 1986 (IRCA) and Arizona Executive Order 75-5 w hich mandates that all persons shall have equal access to employment opportunities. 23. UNIVERSALITY This Agreement is entered into on behalf of Maricopa County in its entirety. Any Department, division, or unit, w ithin the Department, that has need of the services identified herein may utilize it. 24. ALLOWABLE EXPENDITURES Expenditure of funds advanced, or qualifying for reimbursement, pursuant to this Agreement shall be made by the Contractor only for the follow ing: A. Services or materials approved or appropriated for, and used in, the performance of services herein agreed to be provided. B. Service classifications show n on page 1, Section IV, Compensation, of this contract, the Contractor may adjust the dollar amounts providing the total Agreement amount remains unchanged. Adjustments shall be made in accordance w ith the follow ing: 1. When the cumulative increase exceeds ten percent (10%), prior w ritten approval by the Director is required. 2. When the cumulative increase does not exceed ten percent (10%), w ritten approval is not required. 25. CERTIFICATION REGARDING DEBARM ENT AND SUSPENSION A. The undersigned (authorized official signing for the Contractor) certifies to the best of his or her know ledge and belief, that the Contractor, defined as the primary participant in accordance w ith 49 CFR Part 29, and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; 2. have not w ithin the three (3)-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection w ith obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; MCAQD_VM FY20 TRP Agreement ADEQ Funds 5 Section I - General Provisions ________________________________________________________________________________________ 3. are not presently indicted or otherw ise criminally or civilly charged by a government entity (Federal, State or local) w ith commission of any of the offenses enumerated in paragraph (2) of this certification; and 4. have not w ithin a three (3)-year period preceding this Agreement had one or more public transaction (Federal, State or local) terminated for cause of default. B. Should the Contractor not be able to provide this certification, an explanation as to w hy should be attached to the Agreement. C. The Contractor agrees to include, w ithout modification, this clause in all low er tier covered transactions (i.e. transactions w ith subcontractors) and in all solicitations for low er tier covered transactions related to this Agreement. 26. E-VERIFICATION OF EMPLOYEES A. The Contractor w arrants that it is in compliance w ith A.R.S. § 41-4401 and further acknow ledges: 1. That the Contractor and its subcontractors, if any, w arrant their compliance w ith all federal immigration laws and regulations that relate to their employees and their compliance w ith A.R.S. § 23-214, subsection A; 2. That a breach of a w arranty under subsection 1 above, shall be deemed a material breach of the contract that is subject to penalties up to and including termination of the contract; 3. That the contracting government entity retains the legal right to inspect the papers of any contractor or subcontractor employee w ho w orks on the contract to ensure that the contractor or subcontractor is complying w ith the w arranty provided under subsection 1 above and that the contractor agrees to make all papers and employment records of said employee(s) available during normal w orking hours in order to facilitate such an inspection. 4. That nothing herein shall make any contractor or subcontractor an agent or employee of the contracting government entity. 27. VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §35-391.06 AND 35- 393.06 BUSINESS RELATIONS WITH SUDAN AND IRAN: A. By entering into the Contract, the Contractor certifies it does not have scrutinized business operations in Sudan or Iran. The contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the Procurement Officer upon request. These w arranties shall remain in effect through the term of the Contract. B. The County may request verification of compliance for any contractor or subcontractor performing w ork under the Contract. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County may pursue any and all remedies allow ed by law , including, but not limited to: suspension of w ork, termination of the Contract for default, and suspension and/or department of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. 28. CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREM ENT TO INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS A. The Parties agree that this Contract and employees w orking on this Contract w ill be subject to the w histleblower rights and remedies in the pilot program on contractor employee w histleblow er protections established at 41 U.S.C. § 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section 3.908 of the Federal Acquisition Regulation; B. Contractor shall inform its employees in w riting, in the predominant language of the w orkforce, of employee w histleblower rights and protections under 41 U.S.C. § 4712, as described in section 3.908 of the Federal Acquisition Regulation. Documentation of such employee notification must be kept on file by the Contractor and copies provided to County upon request; and C. Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold ($150,000 as of September 2013). MCAQD_VM FY20 TRP Agreement ADEQ Funds 6 Section II - Special Provisions ________________________________________________________________________________________ 1. EFFECT To the extent that the Special Provisions are in conflict w ith the General Provisions, the Special Provisions shall control. To the extent that the Work Statement(s) and the Special or General Provisions are in conflict, the Work Statement(s) shall control. 2. DISPUTES A. Except as may otherw ise be provided for by law , any dispute not involving a question of law arising during agreement performance that is not resolved betw een the parties w ithin thirty (30) days shall be submitted to Maricopa County's contract disputes process as follows: 1. The TRP Program Manager of the Department shall reduce his decision to w riting and mail or otherw ise furnish the Contractor w ith a copy. The Contractor may abide by the decision or may appeal the decision to the Director. 2. A contractor desiring to appeal a decision of a Procurement Officer shall be required to submit a w ritten appeal to the Director. The Contractor must file its w ritten appeal w ithin seven (7) w orking days follow ing receipt of the TRP Program Manager's original decision. The Director shall provide the Contractor w ith a w ritten response to the appeal w ithin fourteen (14) w orking days follow ing its receipt. The decision of the Director shall be final and conclusive. 3. A w ritten decision of the Director shall be the final position of Maricopa County concerning the dispute, excepting w here applicable State or Federal law or regulation specifies otherw ise. The Director may convene a review panel to review the dispute issues and recommend the final position. 3. CHANGES A. The Director may, at any time, make changes w ithin the general scope of this Agreement in any one or more of the follow ing areas w ith the execution by both parties of a w ritten contract amendment: 1. Work Statement activities reflecting changes in Funding Source or Department regulations, policies or requirements. 2. Administrative requirements such as changes in reporting periods, frequency or reports or report formats required by Funding source or Department regulations, policies or requirements. B. Such order w ill not serve to increase or decrease the total compensation to be paid the Contractor, or to decrease any guaranteed units of service to be purchased from the Contractor. Additionally, such order w ill not direct substantive changes in services to be rendered by the Contractor. C. Any dispute or disagreement caused by such w ritten order shall constitute a "Dispute" w ithin the meaning of the Disputes Clause of the Special Provisions of this Agreement and be administered accordingly. 4. INSURANCE A. The Contractor shall have in effect, either by Contractor or through the Contractor’s sub-contractor, at all times during the term of this Agreement, insurance w hich is adequate to protect Maricopa County, its officers and employees, participants and equipment funded under the Agreement and shall provide the Director w ith current documentation of insurance coverage by furnishing a Certificate of Insurance or a certified copy of the insurance policy naming Maricopa County as an additional insured for those coverages required in B.3 and B.4. B. The follow ing types and amounts of insurance are required as minimums: 1. Worker's Compensation 2. Unemployment Insurance as required by Arizona Law 3. General Liability, Bodily Injury and Property Damage policies that insure against claims for liability for Contractor's negligence for maintenance of unsafe premises brought by clients receiving services MCAQD_VM FY20 TRP Agreement ADEQ Funds 7 Section II - Special Provisions ________________________________________________________________________________________ pursuant to this Agreement and by the law ful visitors of such clients. The limits of the policies shall be not less than $1,000,000 for combined single limit. 4. Automobile Liability, Bodily Injury and Property Damages: a. Combined single limit, $1,000,000. b. Standard minimum deductible amounts are allow able. Any deductible amounts are the responsibility of the Contractor. C. The Contractor shall immediately inform the Director of any cancellation of its insurance or any decrease in the amounts of coverage, at least thirty (30) days before such action takes place. MCAQD_VM FY20 TRP Agreement ADEQ Funds 8 Section III - Work Statement ________________________________________________________________________________________ FY 2020 TRAVEL REDUCTION PROGRAM SERVICES AND CLEAN AIR CAMPAIGN 1. DEFINITIONS A. CLEAN AIR CONTESTS refers to organized contests open to employees of TRP employers and the general public to encourage use of alternative transportation modes and schedules, w ith the goal of reducing drive alone trips and vehicle miles traveled. B. CLEAN AIR CAMPAIGN is Maricopa County’s year-round campaign designed to encourage residents to reduce drive-alone trips and miles traveled by using alternative transportation modes and schedules and to educate the public about the causes and solutions to air quality problems. As such, the campaign is intended to support the efforts of major employers in the implementation of their individual travel reduction plans and to promote the use of alternative modes and schedules to the general public. The Clean Air Campaign also addresses year-round air pollution reduction efforts including the summer ozone season and the w inter No Burn/Burn Cleaner Burn Better season. C. MAJOR EMPLOY ER means an employer that employs fifty (50) or more employees and/or students who report to a single w ork site at least three days per w eek for at least six months of the year. D. PROGRAM-RELATED MATERIALS include all training, promotional and advertising materials, new s releases and public service announcements, being paid for in part or in w hole under this agreement. E. REGIONAL means an area w hich encompasses or overlaps territory within the jurisdiction of tw o or more political subdivisions of the State of Arizona. F. TRAVEL REDUCTION PROGRAM (TRP) refers to the Maricopa County Travel Reduction Program, a County ordinance w hich requires major employers to achieve a 10 percent reduction in single occupant vehicle commute trips and/or miles traveled to or from the w ork place. G. SINGLE OCCUPANCY VEHICLE (SOV) TRIP is a one-w ay trip to or from residence to or from the place of employment or school by means of automobile, light duty truck or motorcycle occupied by only the driver. H. TRANSPORTATION COORDINATOR (TC) is a person designated by a major employer or volunteer employer as the lead person in developing and implementing a TRP annual plan. I. TRAVEL REDUCTION PROGRAM ANNUAL PLAN is a w ritten report submitted by a major employer to Maricopa County for review and approval w hich describes the travel reduction measures proposed for implementation by the employer. J. VOLUNTARY EMPLOYER means an employer that is not included in the definition of major employer and chooses to participate in a travel reduction program. 2. SERVICE DEFINITION Services contained in this agreement include those activities pertaining to the follow ing: marketing and communication services in support of the Maricopa County TRP and Clean Air Campaign; training TRP employer personnel (Transportation Coordinators and employers); providing technical assistance to major and voluntary employers; and developing, producing and distributing training, collateral and promotional materials. 3. UNIT OF SERVICE DEFINITION One calendar month of service delivery. (Monthly service periods: July 1, 2019 – June 30, 2020) 4. SERVICE GOAL To reduce the number of SOV trips and the SOV miles traveled for the purpose of improving ambient air quality and to assist employers in complying w ith the Maricopa County TRP. 5. SPECIAL SERVICE REQUIREM ENTS MCAQD_VM FY20 TRP Agreement ADEQ Funds 9 Section III - Work Statement ________________________________________________________________________________________ A. Valley Metro activities undertaken in performance of this agreement are under the general supervision and at the direction of Maricopa County TRP staff. The planning and implementation of the TRP and Clean Air Campaign activities are coordinated. B. All materials developed by Valley Metro w hich are funded by this agreement shall be approved by Maricopa County TRP staff before distribution and/or use. C. Maricopa County w ill furnish Valley Metro approval or disapproval w ithin five (5) w orking days of receipt of proposed material. Failure of Maricopa County to furnish approval or disapproval w ithin five (5) w orking days shall constitute approval of such material. D. All materials prepared and used by Valley Metro in performance under this agreement’s funding shall give credit to Maricopa County and the Arizona Department of Environmental Quality, except for those materials prepared in generic form for use by employers. Credit for materials may be in the form of naming each Department as a sponsor. E. All material developed in support of the TRP, funded through this agreement, w ill be prominently identified as "The Maricopa County Travel Reduction Program." F. Subcontractors selected by Valley Metro for performance under this agreement shall be approved in w riting by Maricopa County regardless of the procedures used in making the selection. G. Maricopa County w ill provide the follow ing information to Valley Metro to ensure Valley Metro activities are fully coordinated w ith those of the County: 1. Survey summary analyses upon request and new TC lists tw ice monthly. 2. Notices, agendas and other public information pertaining to the Travel Reduction Program Regional Task Force w hen generated. 3. Periodic information for articles about the TRP for distribution to major employers as appropriate. 6. SERVICE OBJECTIVES AND TASKS The service objectives and tasks for this agreement are in tw o parts labeled "TRAVEL REDUCTION PROGRA M SERVICES" and "CLEAN AIR CAMPAIGN." This separation is made to enable Valley Metro to manage activities. Regardless of the separation for management purposes, both activities are coordinated. PART 1: TRAVEL REDUCTION SERVICES The mission of the TRP is to improve air quality by affecting a long-term change in employee commuting behavior. Valley Metro assists employers in implementing policies and strategies to affect commuters’ mode choices, reducing the portion of SOV trips and/or the SOV miles traveled. The TRP is an important program for improving air quality, decreasing traffic congestion and conserving energy and part of the State Implementation Plan for air quality. GOALS: 1. Educate employers and the general public about the goals and requirements of the TRP. 2. Provide assistance and resources to employers in conducting the TRP annual survey; in implementing TRP annual plans; and in providing educational and promotional materials for distribution. 3. Provide training to employers on the requirements of the law , alternative transportation modes and schedules, travel reduction strategies and TRP annual plan documentation requirements. Objective 1: Provide training and development for TRP employer staff personnel. 1.1 Provide continuous training to staff of TRP employers (TCs) in administering the TRP annual survey. 1.2 Provide continuous training to TCs on the development, implementation and promotion of their approved TRP annual plans. MCAQD_VM FY20 TRP Agreement ADEQ Funds 10 Section III - Work Statement ________________________________________________________________________________________ 1.3 Provide more targeted training to new , Year 1 and Year 2 TCs. This may include more closely tracking this group completing the online training. 1.4 Conduct on-going evaluations of training and revise training as necessary to best meet employer needs. 1.5 Develop, update and implement TRP training materials and courses as necessary. Objective 2: Provide technical assistance to TRP employers. 2.1 Provide an efficient, effective and proactive technical support program for TRP employers. Develop and implement a schedule of employer contacts based on lists provided by Maricopa County TRP staff. 2.2 Assist and educate employers in achieving at least a 60% response rate for each employer site for the TRP annual survey as required by TRP Regional Task Force policy. 2.3 Assist employers in implementing approved TRP annual plans. Email a standardized w ritten offer of assistance to each TC w ithin 21 days of plan approval to request copies of promotional materials and offer guidance to implement and/or improve promotional materials. Send a close-out email to TCs once review of promotional materials is complete. 2.4 Organize and facilitate w ebinars or meetings for TCs to help TRP employers comply w ith their TRP annual plan and implement travel reduction strategies. 2.5 Provide more targeted education and outreach to new , Year 1 and Year 2 TCs. This may include more closely tracking this group to ensure they understand program requirements. 2.6 Assist employers by providing materials, training, and assistance in implementing travel reduction strategies contained in their TRP annual plans. 2.7 Produce and distribute training and TRP marketing materials. Objective 3: Monitor and track activities to evaluate the effectiveness of Valley Metro programs and activities. 3.1 Track employer contacts, employee presentations, training attendance and TC w ebinar or meeting attendance. 3.2 Update employer databases from employer information provided by Maricopa County TRP staff. 3.3 Assist Maricopa County TRP staff in monitoring employer plan implementation. Provide employer assistance histories as needed. Objective 4: Develop and communicate messages and materials that promote increased use of services and programs. 4.1 Research existing, successful models of programs and messages. 4.2 Develop a marketing campaign that creates aw areness of the need for travel demand strategies and encourages the increased use of alternative modes and w ork schedules in coordination w ith the Clean Air Campaign and other Valley Metro programs. 4.3 Develop materials for employers and commuters that create aw areness of the need for travel demand strategies and encourage the increased use of alternative modes and w ork schedules. Develop and provide promotional kits for employers, in coordination w ith the Clean Air Campaign, up to four times annually. These kits may include supplemental materials provided by Maricopa County at the direction of Maricopa County and may be provided in paper or electronic form. PART 2: CLEAN AIR CAMPAIGN Valley Metro w ill coordinate year-round Clean Air Campaign efforts w ith the TRP to maximize the effectiveness of employer efforts in reducing commute trips and to communicate messages to the general public. MCAQD_VM FY20 TRP Agreement ADEQ Funds 11 Section III - Work Statement ________________________________________________________________________________________ GOALS: The goals of the Clean Air Campaign are to: 1. Increase public aw areness that one of the main causes of air pollution (carbon monoxide, ozone and particulate air pollution) is motor vehicles. 2. Encourage the general public to increase use of alternative transportation modes and schedules. 3. Emphasize the harmful effects of air pollution on the environment and health and educate the public on the solutions. 4. Provide employers w ith events and materials to enhance their efforts to encourage their employees and/or students to use alternative modes and schedules that w ill help them comply w ith the TRP. 5. Encourage major employers as w ell as smaller employers not addressed by the TRP Ordinance, to participate in Clean Air Campaign activities. 6. Develop, implement and track events to educate the public that their participation is essential to improve air quality. OBJECTIVES Objective 1: Execute plans to help increase participation by employers. 1.1 Develop materials and communication strategies to help TCs establish creative clean air programs at their w ork site. 1.2 Develop, produce and distribute collateral materials in coordination w ith the TRP. 1.3 Conduct contests and events. 1.4 Assist employers, employees and jurisdictions in promoting alternative transportation modes and schedules. 1.5 Integrate Clean Air Campaign literature, events and programs w ith the TRP. 1.6 Conduct training to educate employers and provide information on the campaign. Objective 2: Plan and implement a public relations campaign. 2.1 Develop and implement special promotions and events. 2.2 Disseminate information through electronic and no-cost distribution channels as w ell as through new s stories, new spaper articles and public affairs programs. 7. REPORTING REQUIREM ENTS A. Contractor shall submit tw elve (12) monthly progress reports to Maricopa County TRP detailing the activities conducted during the reporting period (the previous month). At a minimum, the reports shall address: 1. The dates of training sessions and meetings, the number attending and the employers represented. 2. The dates, quantity and description of materials printed. 3. Discussions of problems encountered and the resolution of the problem or a description of a proposed solution. 4. The activities of committees and TC meetings and w ebinars. 5. The date and location of promotional events; the purpose and character of each event; a list of the media firms represented; and an assessment of the results. MCAQD_VM FY20 TRP Agreement ADEQ Funds 12 Section III - Work Statement ________________________________________________________________________________________ 6. A copy of each public service announcement shall be provided as an attachment to the monthly report. An estimate of consumer impressions shall be included in the report. 7. Special activities and promotions shall be reported, beginning w ith initiation of the planning phase for the activity or promotion and continuing through completion of the activity or promotion. 8. Activities pertaining to each service task stipulated elsew here in this WORK STATEMENT shall be reported at the time the activity takes place. 9. A discussion of the types of assistance requested by employers and recommendations for modifying training to enhance the know ledge of procedures to make them easier to understand and to facilitate compliance. 10. The number of employer assistance contacts w ill be provided each month by type and by Commute Solutions Coordinator. The number of employers that participated in a review of their approved plan’s promotions w ill be included in this report. B. The monthly report shall be submitted on or before the 15th day of the month follow ing the month of services. C. A draft of the final annual progress report w ill be submitted on or before the 30th day of the month follow ing the last month of service delivery under this contract (July 30, 2020). The final annual report w ill be submitted by August 30, 2020. The final annual report shall consist of a synopsis of the monthly reports and contain an overall assessment of the year's activities. D. By March 15, 2020 submit a proposed w ork scope, budget and program overview for the FY21 program. 8. LICENSURE/CERTIFICATION REQUIREM ENTS The Contractor and any subcontractors shall comply w ith the follow ing standard and/or licensure requirements: All staff providing services under this Agreement shall be qualified to provide services through appropriate training, education, experience and/or certification/licensure (if applicable). MCAQD_VM FY20 TRP Agreement ADEQ Funds 13 Section IV - Compensation ________________________________________________________________________________________ 1. COMPENSATION Subject to availability of funds and as set forth in Section 10 of the General Provisions, Maricopa County w ill pay the Contractor in the form of line item reimbursement for actual expenditures. Such reimbursement over the term of the agreement shall not exceed Maricopa County's share of the agreement amount as determined below . The total budget for the term of the agreement shall not exceed $150,000. 2. METHOD OF PAYMENT General A. Contractor w ill submit a line item statement or invoice on or before the 15th day follow ing the month in w hich services w ere performed. The statements or invoices w ill indicate expenses incurred for each line item during the month in w hich services w ere performed, and year-to-date expenditures for each line item. B. Subject to the availability of funds and as set forth in Section 10 of the General Provisions, Maricopa County w ill, w ithin thirty (30) w orking days from the date of receipt of the documents enumerated herein, process and remit to the Contractor a w arrant for payment reimbursing the Contractor for approved expenditures for the previous month of service provision or w ork performance. Should Maricopa County make a disallow ance in the claim, the claim shall be processed for the reduced amount. If the Contractor protests the amount or the reason for a disallow ance, the protest shall be construed as a dispute concerning a question of fact w ithin the meaning of the "Disputes" clause of the Special Provisions of this Agreement. C. The Contractor understands and agrees that Maricopa County w ill not honor any claim for payment submitted six months after date of service. The Contractor understands and agrees that Maricopa County w ill not process any claim for payment for services rendered prior to the expiration date w hich are submitted 60 days after the expiration date w ithout approval of the Director. D. Payments made by Maricopa County to the Contractor are conditioned upon receipt of applicable, accurate and complete reports from the Contractor. Payments are also conditioned upon assessment by Maricopa County that performance by the Contractor does not exceed the scope of this Agreement and that the performance complies w ith the terms of the Agreement. 3. BUDGET Contractor may adjust the budget w ithin the follow ing limits w ithout seeking formal amendment to the agreement. Any such adjustments are to be reflected in the Contractor's invoice. Limits of Adjustment: Any single budget line may be adjusted upw ard in an amount not to exceed ten percent (10%) of that budget line provided that no such adjustment shall alter the total budget amount. MCAQD_VM FY20 TRP Agreement ADEQ Funds 14 Section IV - Compensation _________________________________________________________________________________________________________________________ Maricopa County Travel Reduction Program / Clean Air Campaign TRP Subcontractor FY2020 Budget RPTA / Valley Metro July 1, 2019 to June 30, 2020 ADEQ TRP/CAC – TRASub RPTA - 3215 SUBCONTRACTOR (RPTA/VALLEY METRO) Period: July 1, 2019 - June 30, 2020 Task 2 Personnel Hourly Rate Training & Assistance Total Hours Total Cost Project Manager $48.40 271.44 271.44 $13,137.70 Day, Suzanne $34.48 361.92 361.92 $12,480.59 Duarte, Lillian $34.48 361.92 361.92 $12,480.59 Reid, Jeff $25.53 271.44 271.44 $6,930.87 Subtotal $45,025.56 Total Hours $1,266.72 1,266.72 Total Hourly Subcontractors Cost $45,025.56 $45,025.56 Fringe Benefit 40.14% $18,073.26 $18,073.26 Overhead 75.50% $33,994.30 $33,994.30 Consultants (Other) $12,500.00 $12,500.00 Reimbursable Expense (Meetings & Mileage) $13,750.00 $13,750.00 Reimbursable Expense (Postage/Print/Misc.) $26,656.88 $26,656.88 Total Subcontractor Expenses $150,000.00 $150,000.00 MCAQD_VM FY20 TRP Agreement ADEQ Funds 15