EV22-0026 MCAQD TRP AGMT REV1.PDF
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ARIZONA DEPARTMENT
OF
ENVIRONMENTAL QUALITY
AND
MARICOPA COUNTY AIR QUALITY DEPARTMENT
Page 1 of 12
Agreement No.:
EV22-0026
Effective Date:
Upon date of the last
party’s signature
Termination
Date:
June 30, 2023
AGREEMENT
`
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, and Maricopa County Air Quality
Department [hereinafter referred to as the “Grantee” or “County”].
The purpose of this Agreement is to provide funding for the Maricopa County Travel Reduction Program (TRP) as required by A.R.S.
§§ 49-581 through 49-593. This written Agreement, including Agreement Terms, Scope Of Work, Attachments, Amendments, and any
modifications approved in accordance herewith, shall constitute the entire Agreement between the parties and supersede all other
understandings, oral or written.
This Agreement contains the following documents:
1. Agreement Terms
2. Scope of Work
Continued on next page
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ARIZONA DEPARTMENT
OF
ENVIRONMENTAL QUALITY
AND
MARICOPA COUNTY AIR QUALITY DEPARTMENT
Page 2 of 12
Agreement No.:
EV22-0026
Effective Date:
Upon date of the last
party’s signature
Termination
Date:
June 30, 2023
AGREEMENT
`
IN WITNESS WHEREOF, the parties have executed this “Agreement” 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
ATTEST:
By:
Clerk of the Maricopa County Board of Supervisors
STATE OF ARIZONA
)
) ss.
County of Maricopa
)
On this ____ day of __________, 2021, 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.
_____________________________________________________
Daniel Czecholinski
Director, Air Quality Division
Arizona Department of Environmental Quality
Date
3
AGREEMENT # EV22-0027
AGREEMENT TERMS
1.
Recitals: The purpose of this Agreement is to fund and administer the Maricopa County Travel Reduction
Program (TRP) as required by A.R.S. §§ 49-581 through 49-593.
2.
Terms:
2.1.
ADEQ will provide funding to the Program.
2.2.
The County will execute the attached Scope of Work.
2.3.
The Parties agree to expeditiously initiate and complete the attached Scope of Work under this Agreement. The
Parties warrant, represent and agree that they, their employees and representatives will comply with all applicable
provisions provided herein.
3.
Definitions: The following definitions shall apply to the terms used in this Agreement, except where the context
necessarily requires otherwise.
3.1.
“A.A.C.” means Arizona Administrative Code.
3.2.
“A.R.S.” means Arizona Revised Statutes.
3.3.
“Agency” means Maricopa County Air Quality Department.
3.4.
“Agreement” means this written document between ADEQ and Maricopa County Air Quality Department.
3.5.
“Department” or “ADEQ” means the Arizona Department of Environmental Quality.
3.6.
"Parties" means ADEQ and Agency.
3.7.
“State” means the State of Arizona.
4.
Amendment: This Agreement may be modified only by written AgreementAmendment signed and dated by the
Director or designee of ADEQ and the person duly authorized to act on behalf of the Agency. Amendments to
this Agreement shall be executed with the same formalities as this Agreement and become effective upon dated
signature of the last party. Executed copies of any Amendment shall be provided to both parties.
5.
Budget: ADEQ will pay $872,692.00 up to a maximum $872,692.00 to execute State Fiscal Year (SFY) 2023
Scope of Work attached to this Agreement and incorporated by reference as though set forth verbatim
herein. During the term of this Agreement, any changes or modification to any part of this Agreement shall be
modified only by written Agreement Amendment.
6.
Non-Availability of Funds: Pursuant to A.R.S. §35-154(A), every payment obligation of ADEQ under this
Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such
obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be
terminated by either party at the end of the period for which funds are available. No liability shall accrue to either
party in the event this provision is exercised, and the parties shall not be obligated or liable for any future payments
or for any damages as a result of termination under this paragraph.
7.
Payment Mechanism: Invoices shall be paid within thirty days after receipt of an invoice and accompanying
documentation that meets the Completeness Criteria in the Scope of Work for the Scope of Work activity type
completed and invoiced.
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8.
Conflict Resolution Procedures:
8.1.
This Contract shall be governed by and construed in accordance with the laws of the State of Arizona and the
Arizona Procurement Code.
8.2.
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).
8.3.
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)
9.
Assignment: Neither Party may assign any rights hereunder without the express, written, prior consent of the
other Party.
10.
Conflict of Interest: Either party may cancel this Agreement for conflict of interest in accordance with the
termination terms of this Agreement, without penalty or further obligation, pursuant to A.R.S. § 38-511.
11.
Agreement Term: The initial term of this Agreement shall be from the date of the last party’s signature through
June 30, 2023. The Agreement may be renegotiated for additional periods, by formal Contract Amendment,
subject to the requirements and/or limitations by Federal or State regulations.
12.
Effective Date: This Agreement shall become effective upon execution the date of the last party’s signature.
13.
Notices, Correspondence, Reports and Invoices:
13.1.
All notices, correspondence and reports from Maricopa County Air Quality Department shall be sent to:
Arizona Department of Environmental Quality
Air Quality Division
Amanda Luecker, Associate Transportation Planner
1110 W Washington Street
Phoenix, AZ 85007-2935
(602) 771-4887
Luecker.Amanda@azdeq.gov
13.2.
All correspondence relating to the execution of the Agreement, clarification of this Agreement, and Amendments
to this Agreement shall be sent to:
For ADEQ:
Other Agency/Party:
Arizona Department of Environmental Quality
Maricopa County Air Quality Department
Susan Holt, Sr. Procurement Specialist
Kristen Weston-Smith
1110 W. Washington Street
Travel Reduction Program Supervisor
Phoenix, AZ 85007
301 W. Jefferson St., Suite 410
(602) 771-2666
Phoenix, Arizona 85003
Holt.Susan@azdeq.gov
(602) 506-6757
Kristen.Smith@Maricopa.gov
13.3.
All invoices shall be sent to accountspayable@azdeq.gov
13.4.
Either party to this Agreement may designate a new contact by filing a notice with the other party in accordance
with these notice requirements.
14.
Ownership of Information: Both parties retain title to all documents, reports, data, and other materials prepared
as a part of the Program. ADEQ and Maricopa County Air Quality Department shall have full and complete rights
to reproduce, duplicate, disclose, perform and otherwise use all information prepared under this Agreement.
15.
Printing Credit: Promotional materials, such as brochures, advertisements, videos, maps, technical reports, etc.
developed for the Program, shall show credit to the producing party. All promotional materials shall be printed
to the extent possible on recycled paper with the statement “Printed on Recycled Paper” printed on the cover
sheet.
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16.
Program Review: It is the responsibility of the Maricopa County Air Quality Department to coordinate with
ADEQ regarding the progress of the Program at least monthly. ADEQ may request, at its discretion, progress
updates.
17.
Severability: The provisions of this Agreement are severable to the extent that any provision or application to be
invalid shall not affect any other provision or application of the Agreement, which shall remain in effect without
the invalid provision or application.
18.
Termination:
18.1.
ADEQ or Maricopa County Air Quality Department may terminate this Agreement at any time, with or without
cause, after giving 30 days written notice of termination to the Maricopa County Air Quality Department or
ADEQ, as appropriate. The notice shall specify the effective date of termination.
18.2.
In the event the Agreement is terminated, with or without cause, Maricopa County Air Quality Department shall
deliver all finished or unfinished documents, data, and reports prepared as a result of this Agreement to ADEQ.
Repayment to ADEQ of a pro-rated portion of payment received by Maricopa County Air Quality Department
may be required for work that was not finished during the invoiced period.
19.
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 Maricopa County Air Quality Department utilize a contractor(s) and subcontractor(s) the
indemnification clause between Maricopa County Air Quality Department 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 Maricopa
County Air Quality Department 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.
20.
Federal Immigration and Nationality Act: The contractor shall comply with all federal, state and local
immigration laws and regulations relating to the immigration status of their employees during the term of the
contract. Further, the contractor shall flow down this requirement to all subcontractors utilized during the term of
the contract. The State shall retain the right to perform random audits of contractor and subcontractor records or
to inspect papers of any employee thereof to ensure compliance. Should the State determine that the contractor
and/or any subcontractors be found noncompliant, the State may pursue all remedies allowed by law, including,
but not limited to; suspension of work, termination of the contract for default and suspension and/or debarment
of the contractor.
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21.
E-Verify Requirements: In accordance with A.R.S. § 41-4401, Contractor warrants compliance with all Federal
immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. § 23-
214, Subsection A.
22.
Waiver: The waiver or failure to enforce any provision of this Agreement will not operate as a waiver of any
future breach of any such provision or any other provision hereof.
23.
Non-Discrimination: Pursuant to Title 41, Chapter 9, Article 4 of the Arizona Revised Statutes and Executive
Order 2009-09, the Contractor shall provide access to equal employment opportunities for all persons, regardless
of race, color, religion, sex, age, national origin, or political affiliation, and to all other applicable State and Federal
employment laws, rules, and regulations, including the Americans with Disabilities Act. Both parties shall take
affirmative action to ensure that applicants for employment and employees are treated without regard to race, age,
color, religion, sex, or national origin and in compliance with the Americans with Disabilities Act.
24.
Implied Consent Terms: Each provision of law and any terms required by law to be in this Agreement are a
part of this Agreement as if fully stated in it.
25.
Entire Agreement: This Agreement contains the entire agreement of the parties with respect to the subject
matters hereof, and it may be amended, modified, or waived only by an instrument in writing signed and dated
by both parties.
26.
Record Keeping Requirements: Pursuant to A.R.S. §§ 35-214 and 35-215, both Parties shall retain all data,
books, accounts, reports, files and other records (“records”) relating to this Contract for a period of five years
after completion of the Contract, any litigation, claim, negotiation, audit, cost recovery, or action involving the
records has been completed or from the date of complete resolution of any dispute and any applicable appeals,
unless a longer period is required by statute or rule. All records shall be subject to inspection and audit by the
State at reasonable times. Upon request, either Party shall produce the original of any or all such records.
27.
Lobbying: The Agency shall not engage in lobbying activities, as defined in 40 CFR part 34 and ARS §41-1231
et seq., using monies paid under this Agreement. Upon signature of this Agreement, the Agency shall disclose
all lobbying activities to ADEQ to the extent they are an actual or potential conflict of interest or where such
activities would create an appearance of impropriety. The Agency shall implement and maintain adequate controls
to ensure that monies paid this Agreement shall not be used for lobbying.
28.
Antitrust Recovery: Agency assigns to ADEQ any claim for overcharges resulting from antitrust violations to
the extent that such violations concern materials or services supplied by third parties to Agency toward fulfillment
of this Agreement.
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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 the 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
the TRP including conducting all research, planning, coordinating, regulatory, and compliance
assurance aspects of the TRP. Employer training, technical assistance, and program promotion
are carried out through a contract with Valley Metro/Commute Solutions under direction of
county TRP staff.
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
2022.
• Increase by two percent the number of alternative vehicle miles traveled by TRP
participants from the level achieved in FY 2022.
• Comply with all tasks and items listed in the Special Terms and Conditions of the Grant
Agreement.
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
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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/paper surveys to participating TRP employers.
• Process and analyze TRP surveys for participating employers.
• Research, identify, and incorporate new major employers that are legally required to
participate in the TRP.
• Provide summary analyses to employers participating in the 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 and advertising that creates awareness
and encourages 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. Create and develop tutorial videos to reinforce training components
and program updates.
• 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.
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• Establish Transportation Management Associations in Maricopa County to customize
assistance for employers and offer increased collaborative opportunities at no expense to
members.
DELIVERABLES
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.
• 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 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
o A separate report from subcontractor Valley Metro/Commute Solutions
addressing employer contacts and employer assistance efforts
• Annual reports, 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. A spreadsheet displaying this information will also be
provided.
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%. A spreadsheet displaying this information will
also be provided.
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 2022.
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: Increase by two percent the number of alternative vehicle
miles traveled by program participants from the level achieved in FY
2022.
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, 2023, MCAQD will submit to ADEQ an overview of the vision and planning for
the FY 2023 program, including highlights of proposed initiatives, operational changes, as well
as recommendations to increase TRP compliance results. Submission of this document may
accompany a proposed scope of work and budget request for the FY 2024 grant cycle.
SCHEDULE FOR SUBMISSION OF DELIVERABLES
Deliverable
Date of Submittal
Monthly Reports and Invoices
30 days following the last day of previous month
Annual Report
105 days within the close of the FY
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BUDGET
TASK 1: CONTRACTOR - MCAQD/TRP (TRP
ADEQ)
Period: July 1, 2022 - June 30, 2023
Program
Personnel
Hourly Rate
Operations
Total Cost
Appelo, Regan C
$29.30
522.00
$15,295.00
Eastin, Carl J
$24.77
1,044.00
$25,860.00
Fowler, Joel E
$20.40
1,044.00
$21,298.00
Gates, Johnathan H
$13.00
507.00
$6,591.00
Martinez, Sylvia Arredondo
$25.09
1,044.00
$26,194.00
Moeller, Gregory A
$27.05
1,044.00
$28,240.00
Ramirez, Lucette
$41.93
417.60
$17,510.00
Richey, Lisa A
$26.65
1,044.00
$27,823.00
Starr, Sheila J
$25.09
1,044.00
$26,194.00
Vacant
$17.51
1,044.00
$18,280.00
Vacant
$24.77
1,044.00
$25,860.00
Weston-Smith, Kristen M
$38.38
1,044.00
$40,069.00
Wohlbrandt, Morgan B
$21.65
1,044.00
$22,603.00
Young, Ari M
$24.77
1,044.00
$25,860.00
Total Hourly Cost
12,930.60
$327,677.00
Total Hours
Fringe Benefit
42.23%
$138,376.00
Total Labor with Fringe
$466,053.00
REIMBURSABLE EXPENSES
Total Cost
Marketing/Advertising Clean Air Campaign
$47,041.00
$47,041.00
Supplies (General and Non-Capital
Equipment) and Services (Rent,
Conferences/Trainings, Telecom, Printing,
Mileage)
$48,653.00
$48,653.00
Total Reimbursable Expenses
$95,694.00
$95,694.00
TASK 2: SUBCONTRACTOR - RPTA/Valley Metro TRASUB
Period: July 1, 2022 - June 30, 2023
Training &
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Personnel
Hourly Rate
Assistance
Total Cost
Williams, Abigail
$49.52
270.10
$13,375.35
Day, Suzanne
$35.52
360.13
$12,791.82
Duarte, Lillian
$39.07
360.13
$14,070.28
Nordman, Suesan
$27.50
360.13
$9,903.58
Subtotal
$50,141.03
Total Hours
1,350.49
Total Hourly Subcontractors Cost
$50,141.03
Fringe Benefit
61.75%
$30,962.09
Overhead
70.00%
$35,098.72
Consultants (Other)
$25,000.00
Consultant (Marketing/Graphics)
$6,000.00
Reimbursable Expense (Meetings &
Mileage)
$3,874.16
Reimbursable Expense
(Postage/Print/Misc.)
$48,924.00
Total Subcontractor Expenses
$200,000.00
GRAND TOTAL COSTS BY TASK
TASK 1
TASK 2
Period: July 1, 2022 - June 30, 2023
MCAQD/TRP
TRASUB
TOTAL
Total Labor with Fringe
$466,053.00
$466,053.00
Reimbursable Expenses
$95,694.00
$95,694.00
Overhead
19.75%
$110,945.00
$110,945.00
Subcontractor (RPTA/Valley Metro)
$200,000.00
$200,000.00
TOTALS:
$672,692.00
$200,000.00
$872,692.00