FY26 MCAQD TRP AGREEMENT AND SOW FOR SIGNATURE (REV).PDF
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AGREEMENT
NO. EV25-0037
between the
MARICOPA COUNTY AIR QUALITY DEPARTMENT
and the
ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY
WHEREAS, THIS AGREEMENT is between the STATE OF ARIZONA DEPARTMENT
OF ENVIRONMENTAL QUALITY [hereinafter referred to as the “Department” or “ADEQ”],
authorized to contract pursuant to A.R.S. § 49-104(B), and MARICOPA COUNTY AIR
QUALITY DEPARTMENT [hereinafter referred to as the “Grantee”].
THEREFORE, ADEQ and the Grantee agree to the terms contained in this Agreement.
I.
PURPOSE AND SCOPE OF AGREEMENT
The purpose of this Agreement is to fund and administer the Maricopa County Travel
Reduction Program (TRP) pursuant to A.R.S. §§ 49-581 through 49-593.
This written Agreement includes all terms in this document, Attachment 1 - Scope of
Work and Budget, and any modifications approved in accordance herewith.
II.
TERM
OF
AGREEMENT,
MODIFICATION,
TERMINATION,
AND
INTEGRATION
A. This Agreement shall be effective July 1, 2025 and shall terminate on June 30,
2026, contingent upon funding.
B. The Agreement may be modified or renegotiated for additional periods upon
mutual written agreement by ADEQ and the Grantee, by formal contract
amendment executed with the same formalities as this Agreement.
C. Either party may terminate this Agreement at any earlier time by providing
written notice to the other party at least thirty (30) days prior to the termination
date. The notice shall specify the effective date of termination.
D. This Agreement constitutes the entire Agreement between the parties with respect
to the subject matter hereof. Agreement No. EV24-0040 remains in effect until
June 30, 2025, unless otherwise terminated in accordance therewith.
III.
DESCRIPTION OF SERVICES
A. ADEQ shall reimburse Grantee up to $846,661 for services rendered pursuant to
the attached Scope of Work .
B. The Grantee shall provide all services outlined in the attached Scope of Work.
C. See Scope of Work and Budget, Attachment 1.
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IV.
MANNER OF FINANCING AND PAYMENT
A. ADEQ shall reimburse Grantee for services rendered pursuant to the attached
Scope of Work, not to exceed $846,661.
B. Invoices shall be paid within thirty days after receipt of an invoice and
accompanying documentation that demonstrates the activity was completed.
C. Reimbursement requests must include detailed support documentation so as to
determine that expenses are reasonable, allowable, and allocable to the activities
described in the Scope of Work.
D. A final reimbursement request must be submitted to ADEQ as specified in
paragraph XI(A) of this Agreement not later than thirty days after the completion
of the project.
V.
REPORTING REQUIREMENTS
See attached scope of work.
VI.
APPLICABLE LAW
A. This Contract shall be governed by and construed in accordance with Arizona
Revised Statutes Title 49 and other laws and regulations of the State of Arizona as
applicable, including the Arizona Procurement Code at A.R.S. § 41-2501 et. seq.
and administrative rules and regulations A.A.C. R2-7-101 et. seq.
B. In the event of any judicial proceeding related to this Agreement or any
unauthorized Subcontract the parties agree that venue shall be proper in Maricopa
County, Arizona. See A.R.S. §§ 12-123 and 12-401(17).
C. The parties to this Contract agree to resolve all disputes arising out of or relating
to this contract through arbitration, after exhausting applicable administrative
review, to the extent required by A.R.S. § 12-1518, except as may be required by
other applicable statutes (Title 41).
VII.
NON-AVAILABILITY OF FUNDS
In accordance with A.R.S. § 35-154, every payment obligation of ADEQ under the
Agreement is conditioned upon the availability of funds appropriated or allocated for
payment of such obligation. If funds are not allocated and available for the continuance
of this Agreement, this Agreement may be terminated by ADEQ at the end of the period
for which funds are available. No liability shall accrue to ADEQ in the event this
provision is exercised, and ADEQ shall not be obligated or liable for any future payments
or for any damages as a result of termination under this paragraph.
VIII.
AUDIT
In accordance with A.R.S. § 35-214, the Grantee shall retain and shall contractually
require each contractor and subcontractor to retain all data, books and other records
(“records”) relating to this Agreement for a period of five years after completion of the
Agreement. Upon request, the Grantee shall produce the original of any or all such
records.
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IX.
CONFLICT OF INTEREST
In accordance with A.R.S. § 38-511, ADEQ may within three years after execution
cancel the Agreement, without penalty or further obligation, if any person significantly
involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf
of ADEQ, at any time while the Agreement is in effect, becomes an employee or agent or
any other party to the Agreement in any capacity or a consultant to any other party of the
Agreement with respect to the matter of the Agreement.
X.
NONDISCRIMINATION
All Parties shall comply with all existing federal, state, and local laws, rules, policies, or
executive orders, including the Americans with Disabilities Act and State of Arizona
Executive Order 2023-1, to prohibit discrimination based on race, color, sex, pregnancy,
childbirth or medical conditions related to pregnancy or childbirth, political or religious
affiliation or ideas, culture, creed, social origin or condition, genetic information, sexual
orientation, gender identity or expression, national origin, ancestry, age, disability,
military service or veteran status, or marital status by the persons performing the contract
or subcontract.
XI.
NOTICES
A. Invoices and Payments:
The Grantee shall address all invoices relative to this Agreement to ADEQ to:
Amanda Luecker, Associate Transportation Planner
Arizona Department of Environmental Quality
1110 West Washington Street
Phoenix, AZ 85007
Email: Luecker.Amanda@azdeq.gov
ADEQ shall address all payments relative to this Agreement to:
David Bruce
MCAQD Finance Manager
301 W. Jefferson St., Suite 410 Phoenix, AZ 85003
O: 602-206-4016
E: David.Bruce@Maricopa.Gov
B. Other Notices:
The Grantee shall address all other notices relative to this Agreement to ADEQ
to:
Amanda Luecker, Associate Transportation Planner
Arizona Department of Environmental Quality
1110 West Washington Street
Phoenix, AZ 85007
Email: Luecker.Amanda@azdeq.gov
3
ADEQ shall address all other notices relative to this Agreement to:
Kristen Weston-Smith
TRP Supervisor
301 W. Jefferson St., Suite 410 Phoenix, AZ 85003
O: 602-361-6725
E: Kristen.Smith@maricopa.gov
XII.
INDEMNIFICATION
Each party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other
party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or
expenses (including reasonable attorney's fees) (hereinafter collectively referred to as
"Claims") arising out of bodily injury of any person (including death) or property
damage, but only to the extent that such Claims which result in vicarious/derivative
liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or
other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. The
State of Arizona, (State Agency) is self-insured per A.R.S. 41-621.
In addition, should the Grantee utilize a contractor(s) and subcontractor(s) the
indemnification clause between the Grantee and its contractor(s) and subcontractor(s)
shall include the following:
To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold
harmless the Grantee and the State of Arizona, and any jurisdiction or agency issuing any
permits for any work arising out of this Agreement, and its departments, agencies,
boards, commissions, universities, officers, officials, agents, and employees (hereinafter
referred to as “Indemnitee”) from and against any and all claims, actions, liabilities,
damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim
processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily
injury or personal injury (including death), or loss or damage to tangible or intangible
property caused, or alleged to be caused, in whole or in part, by the negligent or willful
acts or omissions of the contractor or any of the directors, officers, agents, or employees
or subcontractors of such contractor. This indemnity includes any claim or amount
arising out of or recovered under the Workers’ Compensation Law or arising out of the
failure of such contractor to conform to any federal, state or local law, statute, ordinance,
rule, regulation or court decree. It is the specific intention of the parties that the
Indemnitee shall, in all instances, except for Claims arising solely from the negligent or
willful acts or omissions of the Indemnitee, be indemnified by such contractor from and
against any and all claims. It is agreed that such contractor will be responsible for
primary loss investigation, defense and judgment costs where this indemnification is
applicable.
Additionally, on all applicable insurance policies, contractor and its
subcontractors shall name the State of Arizona, and its departments, agencies, boards,
commissions, universities, officers, officials, agents, and employees as an additional
insured and also include a waiver of subrogation in favor of the State.
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XIII.
SEVERABILITY
In the event that any provision of this Agreement is determined to be void or
unenforceable, such determination shall not affect the remainder of this Agreement,
which shall continue to be in full force and effect.
IN WITNESS WHEREOF, the parties have executed this “Amendment” as of the date set forth
above;
MARICOPA COUNTY, a political subdivision of the State of Arizona
By: _____________________________________________
Chairman, Maricopa County Board of Supervisors
Approved as to Form:
__________________________________________
Deputy County Attorney
STATE OF ARIZONA )
) ss.
County of Maricopa )
On this ____ day of __________, 2025, before me personally appeared
_____________________, the Chairman of Maricopa County Board of Supervisors, for
and on behalf of MARICOPA COUNTY, a political subdivision of the State of Arizona,
whose identity was proven to me on the basis of satisfactory evidence to be the person
who he or she claims to be, and acknowledged that he or she signed the above/attached
document.
ATTEST:
By:
_____________________________________________
Clerk of the Maricopa County Board of Supervisors
__________________________________________
____________________
Daniel Czecholinski
Date
Director, Air Quality Division
Arizona Department of Environmental Quality
5
3/31/2025
Max G. Carpinelli
Attachment 1 - Scope of Work and Budget
I.
BACKGROUND
In April 1985, the Center for Law and Public Interest filed suit against the State of Arizona
and Maricopa County for failure to meet the National Ambient Air Quality Standards for
carbon monoxide. The federal court ordered the State of Arizona to write a State
Implementation Plan (SIP) to comply with the standards. In response, the Arizona
Legislature passed the 1988 Air Quality Bill (Arizona Revised Statutes (ARS) §49-581 et
seq.) which mandated a Travel Reduction Program (TRP) for employers and schools in
Maricopa County.
The Maricopa County TRP is included in regional carbon monoxide plans and included as
committed transportation control measures in several ozone and PM10 particulate plans.
The objectives of TRP and the Clean Air Campaign are aligned, as both are rooted in
legislation intended to reduce vehicle miles traveled in Maricopa County, especially travel
by single occupancy vehicles.
The Clean Air Campaign continues as a year-round public relations and education effort
supporting employers in encouraging commuters to use alternative modes of transportation
and educating the public. While the campaign continues to place emphasis on the winter
carbon monoxide season, as required by statute, ozone and particulate issues are also
being addressed through the summer Commit to One Day ozone campaign.
The Maricopa County Air Quality Department (MCAQD) TRP staff administers all aspects
of TRP including conducting all research, planning, coordinating, regulatory, and
compliance assurance aspects of TRP. Employer training, technical assistance, and
program promotion are carried out through a contract with Valley Metro/Commute Solutions
under direction of Maricopa County TRP staff.
II. GOALS and OBJECTIVES
Continue implementation of the TRP pursuant to ARS Title 49, Chapter 3, Article 8 (§49-
581 through §49-593), the Regional Voluntary No-Drive Day Campaign pursuant to ARS
Title 49, Chapter 3, Article 3 (§49-506), and the Maricopa County Ordinance Air Pollution
Control Regulations P-7 Travel Reduction Program.
The primary goals of the program are:
•
Increase by two percent the “tons of pollution saved” for those commuters using an
alternative mode of travel to travel to their workplace from the level achieved in FY
2025.
•
Maintain the percent of alternative vehicle miles traveled by Travel Reduction
Program participants at the level achieved in FY 2025.
III. TASKS and ACTIVITIES
Task 1: MCAQD - TRP
•
Administer the TRP to major employers within Maricopa County Area A who have 50
or more employees. Pursuant to ARS §49-581(11), a major employer within area A
has 50 employees working at or reporting to a single work site during any 24-hour
period for at least three days per week at least six months of the year.
•
Issue internet/intranet surveys to participating TRP employers.
Page 2 of 6
•
Process and analyze TRP surveys for participating employers.
•
Research, identify, and incorporate new major employers that are legally required to
participate in TRP.
•
Provide summary analyses to employers participating in TRP regarding their
employee commuting habits based on the employee survey results. With this
information, employers formulate plans that will reduce single occupancy vehicle
trips and/or miles.
•
Assist employers in the development of approvable TRP annual plans.
•
Submit completed annual plans to the Maricopa County TRP Regional Task Force
for approval.
•
Review and monitor employer TRP annual plans.
•
Administer the county’s year-round Clean Air Campaign to encourage weekly use of
travel reduction solutions. Implement marketing, advertising, and initiatives to create
awareness and encourage the increased use of alternative modes and work
schedules in coordination with the TRP.
•
Negotiate a sub award agreement with Valley Metro/Commute Solutions to assist
MCAQD in providing TRP training, program promotions, plan implementation
assistance, and promotion of alternative transportation modes and strategies.
Task 2: Subcontractor – TRP Training and Assistance
•
Promote the use of alternative modes by developing promotional kits for employers
and associated collateral pieces under direction of the county up to four times per
year.
•
Provide technical assistance to TRP employers in achieving the prescribed
reductions in single occupancy vehicle trips or single occupancy vehicle miles
traveled through one-on-one assistance, webinars, e-newsletters, and in-person
training.
•
Provide online training to TRP transportation coordinators on the requirements of the
law including the survey process, plans and associated documentation, types of
alternative modes, and travel reduction strategies. Revise training as necessary to
address program changes.
•
Assist employers in achieving at least the minimum response rate for the TRP
annual survey.
•
Assist employers in implementation of approved TRP annual plans, including
attending employer events, lunch and learns, reviewing any promotional materials to
ensure content provides enough guidance to employees, courtesy visits to answer
questions, and providing best practices.
•
Assist MCAQD in encouraging weekly use of travel reduction strategies through
integrated campaigns which may include print materials, public and media relations
campaigns, and events.
•
Establish Transportation Management Associations in Maricopa County to
customize assistance for employers and offer increased collaborative opportunities
at no expense to members.
IV. DELIVERABLES
Page 3 of 6
MCAQD will submit to ADEQ monthly and annual reports describing activities for which
ADEQ funding has been received. MCAQD will also provide ADEQ a digital copy of the
refined data set on a fiscal year (FY) basis.
•
Twelve monthly reports, to be filed with ADEQ with monthly invoices shall be
submitted within 30 days following the last day of the prior month, and will include
the following:
o
A recap of annual survey distribution, survey analysis reports generated, and
travel reduction plans received/approved.
o
A separate report from subcontractor Valley Metro/Commute Solutions
addressing employer contacts and employer assistance efforts.
•
One semi-annual report, be filed with ADEQ within 60 days following the end of six
months (July 1 – December 31), and will include the following:
o
A recap of annual survey distribution, survey response rates, survey analysis
reports generated, reduction of vehicle miles traveled, percentage of
employer survey respondents who reported teleworking, and travel reduction
plans received/approved.
o
A summary of enforcement activities.
o
A narrative on any general program activities.
•
One annual report, to be filed with ADEQ within 105 days following the last day of
the FY, will include the following:
o
A table to display the total emission reductions in tons for the current FY and
the past four years for the following pollutants: CO, VOC, PM10, NOx, and
total pollution reduction.
o
A table to display the annual TRP SOVMT, SOV and AMU Rates by Trips
including SOVMT %, SOV %, Carpool %, Bus %, Bike %, Walk %, Telework
%, Other %, and Total AMU%.
o
A summary of program participation levels for employer count, survey site
count, and employee/student count information.
o
A summary evaluation of pollution/emissions prevented associated with
program operations as estimated using the regional miles per pound of
pollution factor supplied annually by the Maricopa Association of
Governments.
•
Measure 1: Increase by two percent the "tons of pollution saved" for
those commuters using an alternative mode of travel to get to their
workplace from the level achieved in FY 2024.
o
A summary of changes in SOV/SOVMT rates, employee/student survey
response rates, and alternative mode participation rates for the program in
total.
•
Measure 2: Maintain the percent of alternative vehicle miles traveled
by Travel Reduction Program participants at the level achieved in FY
2025.
o
A summary of enforcement activities and compliance assistance efforts for
the reporting period, including action taken regarding survey response and
other program elements.
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MCAQD will continue to coordinate with ADEQ and other ADEQ-funded travel reduction
programs to identify and refine metrics and methodologies that allow for consistent
reporting and data sharing across programs, and for assessment of program elements in
terms of their effectiveness in increasing alternative mode usage. This information will be
used in gauging program efficacy and in assisting employers that participate in the
program.
By March 30, 2026, MCAQD will submit a proposed scope of work and budget request for
the FY 2027 grant cycle.
V. SCHEDULE FOR SUBMISSION OF DELIVERABLES
Deliverable
Date of Submittal
Monthly Reports and Invoices
30 days following the last day of previous
month
Semi-Annual Report
60 days following the last day of the sixth
month
Annual Report
105 days within the close of the FY
VI. BUDGET
Task 1: MCAQD TRP expenses shall not exceed $671,661.
Task 2: Subcontractor - RPTA/Valley Metro expenses shall not exceed $175,000.
TASK 1: CONTRACTOR - MCAQD/TRP (TRP ADEQ)
Page 5 of 6
Period: July 1, 2025 - June 30, 2026
Program
Total
Personnel
Hourly Rate
Operations
Cost
Carolina Rosario
$26.94 1,044.00
$28,125.00
Gregory Moeller
$32.48 1,044.00
$33,909.00
Jessica Chapman
$28.20 1,044.00
$29,441.00
Joshua Miller
$26.94 1,044.00
$28,125.00
Kate Geisenhaver
$21.90 1,044.00
$22,864.00
Kristen Weston-Smith
$46.08 1,044.00
$48,108.00
Lucette Ramirez
$49.10 522.00
$25,630.00
Melysa Lewis
$26.94 1,044.00
$28,125.00
Michael Joslin
$36.32 336.00
$12,204.00
Michele Wheatley
$24.32 1,044.00
$25,390.00
Morgan Wohlbrandt
$26.00 1,044.00
$27,144.00
Community Services Assistant
$20.34
-
$0.00
Community Services Assistant
$20.34
-
$0.00
TRP Intern
$15.00
-
$0.00
Total Hourly Cost
$309,065.00
Total Hours
10,254.00
Fringe Benefit
41.72%
$128,938.00
Total Labor with Fringe
$438,003.00
REIMBURSABLE EXPENSES
Total Cost
Marketing/Advertising Clean Air Campaign
$13,000.00
$13,000.00
Supplies and Services (Conferences/Trainings, Telecom, Printing,
Mileage)
$42,502.00
$42,502.00
Total Reimbursable Expenses
$55,502.00
$55,502.00
TASK 2: SUBCONTRACTOR - RPTA/Valley Metro TRASUB
Period: July 1, 2025 - June 30, 2026
Training &
Total
Personnel
Hourly Rate
Assistance
Cost
Williams, Abigail
$61.87
270.10
$16,711.09
Papenhausen, Mary
$32.31
360.13
$11,635.80
Duarte, Lillian
$50.90
360.13
$18,330.62
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Nordman, Suesan
$33.98
360.13
$12,237.22
Subtotal
$58,914.73
Total Hours
1,350.49
Total Hourly Subcontractors Cost
$58,914.73
Fringe Benefit
61.75%
$36,379.85
Overhead
70.00%
$17,674.42
Consultants (Other)
$1,500.00
Consultant (Marketing/Graphics)
$30,000.00
Reimbursable Expense (Meetings & Mileage)
$7,531.00
Reimbursable Expense (Postage/Print/Misc.)
$23,000.00
Total Subcontractor Expenses
$175,000.00
GRAND TOTAL COSTS BY TASK
TASK 1
TASK 2
Period: July 1, 2025 - June 30, 2026
MCAQD/TRP
TRASUB
TOTAL
Total Labor with Fringe
$438,003.00
$438,003.00
Reimbursable Expenses
$55,502.00
$55,502.00
Overhead
36.10%
$178,156.00
$178,156.00
Subcontractor (RPTA/Valley Metro)
$175,000.00
$175,000.00
TOTALS:
$671,661.00
$175,000.00
$846,661.00