FY2017 MCAQDTRP ADEQ RPTAVM AGREEMENT (ADEQ TRASUB FY17) FINAL .PDF
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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: $260,00.00 4. Purpose: Travel Reduction Services 5. Budget Code: ADEQTRP FY17 TRASub) 6. Contractor FEI/SSN: 86-0557533 7. Start Date: July 1, 2016 8. Expiration Date: June 30, 2017 This Agreement is entered into by and between Regional Public Transportation Authority, referred to hereinafter as Contractor, and Maricopa County by and through its Air Quality Department referred to hereinafter as County. 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 otherwise, 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 waiver 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 whom addressed unless otherwise indicated in said notice. Notice to Contractor: Regional Public Transportation Authority Phone: 602-262-7433 ATTN: Chief Executive Officer 101 N. 1st Avenue, Suite 1100, Phoenix AZ 85003 Notice to Maricopa County: Maricopa County Air Quality Department Phone: 602-506-6750 ATTN: Director - Air Quality Department 1001 N. Central, Suite 500, Phoenix AZ 85004 IN WITNESS WHEREOF, the parties enter into this Agreement: Contractor: Regional Public Transportation Authority Maricopa County: Board of Supervisors Signature: ____________________________________ Signature: ______________________________________ Scott Smith, Interim Chief Executive Officer Clint Hickman, Chairman of the Board Date: ______________________________________ Date: ________________________________________ Attest: ______________________________________ Attest: ________________________________________ Date: ______________________________________ Date: ________________________________________ Pursuant to A.R.S. §11-952, counsel for the Contractor Pursuant to A.R.S. §11-952, the Maricopa County has determined that this Intergovernmental Agreement is Attorney’s Office has determined that this within the powers and authority granted under the laws Intergovernmental Agreement is within the powers and of the State of Arizona. authority granted under the laws of the State of Arizona. Signature: ____________________________________ Signature: ______________________________________ Date: ______________________________________ Date: ________________________________________ FY2017 MCAQDTRP ADEQ RPTAVM Agreement (ADEQ Trasub FY17) Final .Docx 1 Section I - General Provisions _____________________________________________________________________________________ 1. RECITALS A. The County is empowered by Arizona Revised Statutes Sections 11-951 through 11-954 to enter into this agreement. B. The RPTA is empowered 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 with 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 following 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 Air Quality Department. D. Funding Source means any Federal, State or Private Department funding source which may impose conditions on the funding that will be passed on to the Contractor. E. Travel (Trip) 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 trip reduction measures and/or equivalent emissions reduction measures. 4. GENERAL REQUIREMENTS A. The terms of this Agreement shall be construed in accordance with Arizona law; any action thereon shall be brought in the appropriate court in the State of Arizona. B. The Contractor shall, without limitation, obtain and maintain all licenses, permits, and authority necessary to do business, render services, and perform work under this Agreement, and shall comply with all laws regarding unemployment insurance, disability insurance, and worker's compensation. C. The Contractor is an independent Contractor in the performance of work 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 writing and signed by both parties. 6. ASSIGNMENT/SUBCONTRACTING No right, liability, obligation or duty under this Agreement can be assigned, delegated or subcontracted in whole or in part, without the prior written 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 which could be more than five (5) years, whichever 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. FY2017 MCAQDTRP ADEQ RPTAVM Agreement (ADEQ Trasub FY17) Final .Docx 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 allowable services were 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 written notice thereof, reimburse Maricopa County for any payments made under this Agreement which are disallowed by a Federal, State or Maricopa County audit in the amount of the disallowance, as well as court costs and attorney fees which Maricopa County spends to pursue legal action relating to such a disallowance. Court costs and attorney fees incurred will be specifically identified as applicable to the recovery of the disallowed costs in question. B. If at any time it is determined by the Department that a cost for which payment has been made is a disallowed cost, the Department shall notify the Contractor in writing of the disallowance and the required course of action, which shall be at the option of the Department either to adjust any future claim submitted by the Contractor by the amount of the disallowance or to require repayment of the disallowed 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 when 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 with, this Agreement, the Department may amend, suspend, decrease, or terminate its obligations under, or in connection with, 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 with the provisions of this Agreement. The Department shall give written 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 with, 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 work performed or the services provided under this Agreement, or for similar work and/or service provided under other grants and Agreements. 12. CONTINGENCY RELATING TO OTHER AGREEMENTS, CONTRACTS AND/OR GRANTS A. The Contractor will, during the term of this Agreement, immediately inform the Department in writing of the award of any other Trip Reduction Program related agreement, contract or grant including any other agreement, contract or grant awarded by the Department where the award 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 award shall be considered in violation of the Agreement and the Department shall have the right to annul this Agreement without liability. B. The Department may request, and the Contractor shall provide within a reasonable time, a copy of such other agreement, contract or grant, when in the opinion of the Department the award 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 award 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 within the meaning of the "Disputes" clause contained herein. FY2017 MCAQDTRP ADEQ RPTAVM Agreement (ADEQ Trasub FY17) Final .Docx 3 Section I - General Provisions _____________________________________________________________________________________ 13. DEFAULT The Director may suspend, modify or recommend termination of this Agreement immediately upon written 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 which would jeopardize the ability of the Contractor to perform any of its contractual obligations. Such determination will 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, with ninety (90) days notice in writing 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 written agreement of the parties specifying the termination date therein. C. The Department has the right to terminate this Agreement upon twenty-four (24) hour notice when Contractor non-compliance jeopardizes funding source financial participation. If not terminated by one of the above methods, this Agreement will 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 with the provisions of this Agreement. 15. SEVERABILITY Any provision of this Agreement which is determined to be invalid, void or illegal shall in no way 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 with the terms hereof shall not be deemed to waive the requirement of strict compliance for all future performance obligations. All changes in performance obligations under this Agreement must be in writing. 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 with 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 warrants 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 warranty the Department shall have the right to annul this contract without liability. FY2017 MCAQDTRP ADEQ RPTAVM Agreement (ADEQ Trasub FY17) Final .Docx 4 Section I - General Provisions _____________________________________________________________________________________ 20. RIGHTS IN DATA The parties hereto shall have the use of data and reports resulting from this Agreement without 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 with any service or other activity under this Agreement, shall not in any way otherwise discriminate against any patient on 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 will not discriminate against any employee or applicant for employment because of race, age, handicap, color, religion, sex or national origin. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, age, handicap, color, religion, sex or national origin. Such action shall include, but not be limited to the following: 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 will to the extent such provisions apply, comply with 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 which 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, within 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 following: A. Services or materials approved or appropriated for, and used in, the performance of services herein agreed to be provided. B. Service classifications shown 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 with the following: 1. When the cumulative increase exceeds ten percent (10%), prior written approval by the Director is required. 2. When the cumulative increase does not exceed ten percent (10%), written approval is not required. 25. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION A. The undersigned (authorized official signing for the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor, defined as the primary participant in accordance with 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 within 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 with 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; 3. are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and FY2017 MCAQDTRP ADEQ RPTAVM Agreement (ADEQ Trasub FY17) Final .Docx 5 Section I - General Provisions _____________________________________________________________________________________ 4. have not within a 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 why should be attached to the Agreement. C. The Contractor agrees to include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Agreement. 26. E-VERIFICATION OF EMPLOYEES A. The Contractor warrants that it is in compliance with A.R.S. § 41-4401 and further acknowledges: 1. That the Contractor and its subcontractors, if any, warrant their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. § 23-214, subsection A; 2. That a breach of a warranty 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 who works on the contract to ensure that the contractor or subcontractor is complying with the warranty provided under subsection 1 above and that the contractor agrees to make all papers and employment records of said employee(s) available during normal working 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 warranties shall remain in effect through the term of the Contract. B. The County may request verification of compliance for any contractor or subcontractor performing work 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 allowed by law, including, but not limited to: suspension of work, 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 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS A. The Parties agree that this Contract and employees working on this Contract will be subject to the whistleblower rights and remedies in the pilot program on contractor employee whistleblower 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 writing, in the predominant language of the workforce, of employee whistleblower 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 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). FY2017 MCAQDTRP ADEQ RPTAVM Agreement (ADEQ Trasub FY17) Final .Docx 6 Section II - Special Provisions _____________________________________________________________________________________ 1. EFFECT To the extent that the Special Provisions are in conflict with 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 otherwise be provided for by law, any dispute not involving a question of law arising during agreement performance that is not resolved between the parties within thirty (30) days shall be submitted to Maricopa County's contract disputes process as follows: B. The Procurement Officer of the Department shall reduce his decision to writing and mail or otherwise furnish the contractor with a copy. The contractor may abide by the decision or may appeal the decision to the Director. C. A contractor desiring to appeal a decision of a Procurement Officer shall be required to submit a written appeal to the Director. The contractor must file its written appeal within seven (7) working days following receipt of the Procurement Officer's original decision. The Director shall provide the Contractor with a written response to the appeal within fourteen (14) working days following its receipt. The decision of the Director shall be final and conclusive. D. A written decision of the Director shall be the final position of Maricopa County concerning the dispute, excepting where applicable State or Federal law or regulation specifies otherwise. The Director may convene a review panel to review the dispute issues and recommend the final position. The review panel may have representatives of the Purchasing Department, Materials Management Department, if applicable, or representatives of other agencies with an objective third party view-point. 3. CHANGES A. The Director may, at any time, make changes within the general scope of this Agreement in any one or more of the following areas with the execution by both parties of a written 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 will 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 will not direct substantive changes in services to be rendered by the Contractor. C. Any dispute or disagreement caused by such written order shall constitute a "Dispute" within 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 Contractor’s sub-contractor, at all times during the term of this Agreement, insurance which is adequate to protect Maricopa County, its officers and employees, participants and equipment funded under the Agreement shall provide the Director with 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 following 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 FY2017 MCAQDTRP ADEQ RPTAVM Agreement (ADEQ Trasub FY17) Final .Docx 8 Section II - Special Provisions _____________________________________________________________________________________ receiving services pursuant to this Agreement and by the lawful 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 allowable. 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. FY2017 MCAQDTRP ADEQ RPTAVM Agreement (ADEQ Trasub FY17) Final .Docx 8 Section III - Work Statement _____________________________________________________________________________________ FY 2017 TRIP REDUCTION SERVICES AND CLEAN AIR CAMPAIGN 1. DEFINITIONS A. CLEAN AIR CONTESTS Refers to organized contests to encourage use of alternative transportation modes and schedules, with the goal of reducing drive alone trips and vehicle miles traveled. B. CLEAN AIR CAMPAIGN is an annual campaign designed to encourage Maricopa County residents to reduce drive-alone trips and miles traveled by using alternative transportation modes and schedules. C. MAJOR EMPLOYER means an employer that employs fifty (50) or more employees and/or students who report to a single work site at least three days per week for at least six months of the year. D. REGIONAL means an area which encompasses or overlaps territory within the jurisdiction of two or more political subdivisions of the State of Arizona. E. TRAVEL (TRIP) REDUCTION PROGRAM refers to the Maricopa County Travel Reduction Program (TRP), a county ordinance which requires major employers to achieve a 10 percent reduction in single occupant vehicle commute trips and/or miles traveled to the work place. F. SINGLE OCCUPANCY VEHICLE (SOV) COMMUTE TRIP is a one-way 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. G. 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. H. TRAVEL REDUCTION PROGRAM ANNUAL PLAN is a written report submitted by a major employer to Maricopa County for review and approval which describes the trip reduction measures proposed for implementation by the employer. I. VOLUNTARY EMPLOYER means an employer that is not included in the definition of major employer and chooses to participate in a trip reduction program. 2. SERVICE DEFINITION Services contained in this agreement include those activities pertaining to the following: marketing services in support of the Maricopa County TRP and Clean Air Campaign; training TRP employer personnel; providing technical assistance to voluntary and major employers; and developing, producing, and distributing training and collateral materials 3. UNIT OF SERVICE DEFINITION One calendar month of service delivery. 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 with the Maricopa County TRP. FY2017 MCAQDTRP ADEQ RPTAVM Agreement (ADEQ Trasub FY17) Final .Docx 9 Section III - Work Statement _____________________________________________________________________________________ 5. SPECIAL SERVICE REQUIREMENTS A. Valley Metro activities undertaken in performance of this agreement are under the general supervision of the Maricopa County TRP. The planning and implementation of the Clean Air Campaign and TRP activities are coordinated. B. All program-related materials shall be approved by Maricopa County before distribution and/or use C. Maricopa County will furnish Valley Metro approval or disapproval within three (3) working days of receipt of proposed material. Failure of Maricopa County to furnish approval or disapproval within the three (3) working days shall constitute approval of such material. D. All materials prepared and used by Valley Metro in performance under this agreement funding shall give credit to Maricopa County and the Arizona Department of Environmental Quality. 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, will 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 writing by Maricopa County regardless of the procedures used in making the selection. G. Maricopa County will provide the following information to Valley Metro to assure that Valley Metro activities are fully coordinated with those of the County: 1. Survey distribution, analysis, delivery and plan due schedules, at least monthly. 2. Notices, agendas and other public information pertaining to the Travel Reduction Program Regional Task Force when 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 two parts labeled "TRAVEL REDUCTION 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: TRIP REDUCTION SERVICES MISSION STATEMENT: 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 developing TRP Annual Plan strategies; 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, trip reduction strategies, and TRP Annual Plan documentation requirements. Objective 1: To provide training and development for TRP employer staff personnel. FY2017 MCAQDTRP ADEQ RPTAVM Agreement (ADEQ Trasub FY17) Final .Docx 10 Section III - Work Statement _____________________________________________________________________________________ Service Tasks 1.1 Provide training to staff of TRP employers (TCs) in administering and assessing the TRP Annual Survey. 1.2 Provide training to TCs on the development and implementation of TRP Annual Plans. 1.3 Conduct on-going evaluations of training and revise training as necessary to best meet employer needs. 1.4 Develop and implement TRP training materials and courses as necessary. Objective 2: To provide technical assistance to TRP employers. Service Tasks 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 employers in achieving adequate response rates for the TRP Annual Survey as required by the Travel Reduction Ordinance. 2.3 Assist employers in developing approvable TRP Annual Plans and implementing approved TRP Annual Plans. 2.4 Organize and facilitate workshops and webinar meetings for TCs to help TRP employers comply with their TRP Annual Plan. 2.5 Assist employers by providing materials, training, and assistance in implementing travel reduction strategies contained in their TRP Annual Plans. 2.6 Produce and distribute training and marketing materials. Objective 3: Monitor and track activities to evaluate the effectiveness of the Valley Metro programs and activities TRP program. Service Tasks 3.1 Track employer contacts, employee presentations, training attendance and TC 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. 3.4 Conduct market research surveys to evaluate opinions, behavior changes and measure awareness of transportation and air quality issues on an annual basis. 3.5 Conduct an annual survey of TCs to determine opinions and suggestions on trip reduction program efforts, including effectiveness of Valley Metro programs and activities. FY2017 MCAQDTRP ADEQ RPTAVM Agreement (ADEQ Trasub FY17) Final .Docx 11 Section III - Work Statement _____________________________________________________________________________________ Objective 4: Develop and communicate messages and materials that promote increased use of services and programs. Service Tasks 4.1 Develop a marketing campaign that creates awareness and encourages the increased use of alternative modes and work schedules in coordination with the Clean Air Campaign. 4.2 Research existing, successful models of programs and messages. 4.3 Develop a marketing program that creates awareness of the need for travel demand strategies and encourages the increased use of alternative modes and work schedules in coordination with the Clean Air Campaign and other Valley Metro programs. 4.4 Develop materials for employers and commuters that create awareness of the need for travel demand strategies and encourage the increased use of alternative modes and work schedules. Develop and provide promotional kits for employers in coordination with the Clean Air Campaign, up to four times annually. PART 2: CLEAN AIR CAMPAIGN MISSION STATEMENT: The mission of the Clean Air Campaign is to decrease air pollution in Maricopa County by motivating drivers to voluntarily reduce vehicle miles traveled, and to educate the public about the causes and solutions to air quality problems. The Clean Air Campaign addresses year-round efforts including the fall and winter carbon monoxide season, summer ozone season, and year-round particulate pollution problem. The Clean Air Campaign will continue its on-going coordination with the Maricopa County Air Quality Department. The Clean Air Campaign will continue to be coordinated with the TRP to maximize the effectiveness of employer efforts in reducing commute trips and it will also assist the County in communicating mandatory "No Burn" messages to the general public. Changing peoples' behaviors takes a consistent and determined effort over a long period of time. The Clean Air Campaign reinforces the importance of these changes on a permanent basis. GOALS: The goals of the Clean Air Campaign are to: 1. Increase public awareness that one of the main causes of air pollution (carbon monoxide, ozone, and particulate air pollution) is caused by 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 on health and educate the public on the solutions. 4. Provide employers with events and materials to enhance their efforts to encourage their employees and/or students to use alternative modes and schedules that will help them comply with the TRP. 5. Encourage major employers and smaller employers, those with less than 50 employees not addressed by the TRP Ordinance, to participate in Clean Air Campaign activities. 6. Develop and implement events to educate the public that their participation is essential to improve air quality. FY2017 MCAQDTRP ADEQ RPTAVM Agreement (ADEQ Trasub FY17) Final .Docx 12 Section III - Work Statement _____________________________________________________________________________________ OBJECTIVES Objective 1: Prepare project management plans for all campaign components. 1.1 Develop a strategic marketing plan for advertising, public relations and public education efforts and media events aimed at reducing vehicle miles traveled by drivers in Maricopa County. 1.2 Staff employer groups or committees that provide direction and input to campaign activities. 1.3 Prepare requests for proposals, select contractors and execute contracts for marketing efforts, including graphic design, public relations, advertising and market research. 1.4 Develop plans for program evaluations. 1.5 Prepare monthly and final reports. 1.6 Develop evaluation criteria for annual awards program in coordination with the TRP. Objective 2: Execute plans to help increase participation by employers. 2.1 Develop materials and communication strategies to help TCs establish creative clean air programs at their work site. 2.2 Develop, produce and distribute collateral materials in coordination with the TRP. 2.3 Conduct contests and events. 2.4 Assist employers, employees and jurisdictions in promoting alternative transportation modes and schedules. 2.5 Integrate Clean Air Campaign literature, events and programs with the TRP. 2.6 Conduct training to educate employers and provide information on the campaign. Objective 3: Plan and implement an advertising campaign. 3.1. Achieve a favorable impression of advertising promoting alternative modes of at least 75 percent as measured by the Annual Transportation Demand Management Survey. 3.2. Work with members of the Valley Metro Regional Marketing Committee Maricopa County Air Quality Department and Travel Reduction Program staff to develop a paid advertising campaign. 3.3. Create a paid media and public service campaign that may include: radio, print, television, outdoor billboards, ads on exterior of buses and/or transit shelters. Objective 4: Plan and implement a public relations campaign. 4.1 Develop and implement special promotions and media events. 4.2 Disseminate information through electronic and low-cost channels. 4.4 Expand dissemination to the public through news stories, newspaper articles, and public affairs programs. Objective 5: Evaluate the Campaign and report findings. 5.1 Report on public opinions, awareness levels and effectiveness as derived from the Annual Transportation Demand Management Survey. FY2017 MCAQDTRP ADEQ RPTAVM Agreement (ADEQ Trasub FY17) Final .Docx 13 Section III - Work Statement _____________________________________________________________________________________ 7. REPORTING REQUIREMENTS A. Contractor shall submit twelve (12) monthly progress reports to Maricopa County TRP Reduction Program 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 workshops, 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 or TC’ Associations. 5. The date and location of each media promotional event; the purpose and character of each event; a list of the media firms represented; and an assessment of the results. 6. A copy of each individual public service announcement shall be provided as an attachment to the monthly report. The number of paid and donated advertisements by media stations and an estimate of consumer impressions shall be included in the report. 7. Special activities and promotions shall be reported, beginning with 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 elsewhere 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 knowledge of procedures to make them easier to understand and to facilitate compliance. 10. The number of employer assistance contacts will be provided each month by type. B. The monthly report shall be submitted on or before the 15th day of the month following the month of services. C. A draft of the final annual progress report will be submitted on or before the 30th day of the month following the last month of service delivery under this contract (July 30, 2017). The final annual report will be submitted by August 15, 2017. 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, 2017 submit a revised work scope and program overview for the FY18 program. 8. LICENSURE/CERTIFICATION REQUIREMENTS The Contractor shall comply with the following 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). FY2017 MCAQDTRP ADEQ RPTAVM Agreement (ADEQ Trasub FY17) Final .Docx 14 Section IV - Compensation _____________________________________________________________________________________ 1. COMPENSATION Subject to availability of funds and as set forth in Section 10 of the General Provisions, Maricopa County will 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 $260,000. 2. METHOD OF PAYMENT General A. Contractor will submit a line item statement or invoice on or before the 15th day following the month in which services were performed. The statements or invoices will indicate expenses incurred for each line item during the month in which services were 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 will, within thirty (30) working days from the date of receipt of the documents enumerated herein, process and remit to the Contractor a warrant for payment reimbursing the Contractor for approved expenditures for the previous month of service provision or work performance. Should Maricopa County make a disallowance in the claim, the claim shall be processed for the reduced amount. If the Contractor protests the amount or the reason for a disallowance, the protest shall be construed as a dispute concerning a question of fact within the meaning of the "Disputes" clause of the Special Provisions of this Agreement. C. The Contractor understands and agrees that Maricopa County will not honor any claim for payment submitted six months after date of service. The Contractor understands and agrees that Maricopa County will not process any claim for payment for services rendered prior to the expiration date which are submitted 60 days after the expiration date without 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 with the terms of the Agreement. 3. BUDGET Contractor may adjust the budget within the following limits without 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 upward in an amount not to exceed ten percent (10%) of that budget line provided that no such adjustment shall alter the total budget amount. FY2017 MCAQDTRP ADEQ RPTAVM Agreement (ADEQ Trasub FY17) Final .Docx 15 Section IV - Compensation _____________________________________________________________________________________ Maricopa County Travel Reduction Program / Clean Air Campaign TRP Subcontractor FY2017 Budget RPTA / Valley Metro July 1, 2016 to June 30, 2017 ADEQ TRP/CAC – TRASub RPTA ‐ 3215 SUBCONTRACTOR (RPTA/Valley Metro) Task 2 Period: July 1, 2016 ‐ June 30, 2017 Training & Total Total Hourly Personnel Rate Assistance Hours Cost Coomer, Dawn (Project Manager) $44.74 180.96 180.96 $8,096.15 Day, Suzanne $29.46 361.92 361.92 $10,662.16 Duarte, Lillian $29.46 361.92 361.92 $10,662.16 Reid, Jeff $22.14 361.92 361.92 $8,012.91 Subtotal $37,433.38 Total Hours 1,266.72 1,266.72 Total Hourly Subcontractors Cost $37,433.38 $37,433.38 Fringe Benefit (59.92%) 59.92% $22,430.08 $22,430.08 Overhead (58.24%) 58.24% $21,801.20 $21,801.20 RPTA Consultants (Marketing/Graphics) $128,735.34 $128,735.34 Reimbursable Expense (Meetings & Mileage) $12,800.00 $12,800.00 Reimbursable Expense (Postage/Print/Misc.) $36,800.00 $36,800.00 Total Subcontractor Expenses $260,000.00 $260,000.00 FY2017 MCAQDTRP ADEQ RPTAVM Agreement (ADEQ Trasub FY17) Final .Docx 16