FFY2021_MCAQDTRP_RPTAVM_AGREEMENT_FINAL_WITH_MCAO_SIG.PDF
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Section I – General Provisions 1 MARICOPA COUNTY and the REGIONAL PUBLIC TRANSPORTATION AUTHORITY 1. Agreement No.: MCAQDTRP-RPTAVM MAGTRP TRMSub (MAG-Expansion) 2. Agreement Type: Cost Reimbursement 3. Agreement Amount: $356,683.45 4. Purpose: Travel Reduction Services 5. CFDA: 20.205 6. Contractor FEI/SSN: 86-0557533 7. Start Date: Oct 1, 2020 8. Expiration Date: September 30, 2021 This agreement is entered into by and between Regional Public Transportation Authority, referred to hereinafter as RPTA/Valley Metro or Contractor, and Maricopa County by and through its Air Quality Department referred to hereinafter as the Department or Maricopa 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 Maricopa County: Maricopa County Air Quality Department 602-506-6750 ATTN: Director - Air Quality Department 3800 N. Central, Suite 1400, Phoenix AZ 85012 Notice to Contractor: Regional Public Transportation Authority 602-262-7433 ATTN: Chief Executive Officer 101 N. 1st Avenue, Suite 1100, Phoenix AZ 85003 IN WITNESS WHEREOF, the parties enter into this agreement: Maricopa County: Board of Supervisors Contractor: Regional Public Transportation Authority Signature: ____________________________________ Signature: ______________________________________ Clint Hickman, Chairman of the Board Scott W. Smith, Chief Executive Officer Date: ______________________________________ Date: ________________________________________ Attest: ______________________________________ Attest: ________________________________________ Date: ______________________________________ Date: ________________________________________ DocuSign Envelope ID: F177879F-AF00-4398-AB00-462FE9E86B06 9/30/2020 DocuSign Envelope ID: F177879F-AF00-4398-AB00-462FE9E86B06 9/30/2020 Section I – General Provisions 3 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. 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 DocuSign Envelope ID: F177879F-AF00-4398-AB00-462FE9E86B06 Section I – General Provisions 4 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 TRP related agreement or grant including any other agreement or grant awarded by the Department DocuSign Envelope ID: F177879F-AF00-4398-AB00-462FE9E86B06 Section I – General Provisions 5 where the award of such agreement 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 or grant, when in the opinion of the Department the award of the other agreement 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 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. 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 dispute 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. DocuSign Envelope ID: F177879F-AF00-4398-AB00-462FE9E86B06 Section I – General Provisions 6 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 enuring 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 agreement without liability. 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. DocuSign Envelope ID: F177879F-AF00-4398-AB00-462FE9E86B06 Section I – General Provisions 7 21. TITLE VI ASSURANCES During the performance of this agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non- discrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Highway Administration, Arizona Department of Transportation, or the Maricopa Association of Governments, as they may be amended from time to time, which are herein incorporated by reference and made a part of this agreement. B. Non-discrimination: The Contractor, with regard to the work performance by it during the agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the agreement covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this agreement and the Acts and Regulations relative to Non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by Maricopa County, the Federal Highway Administration, Arizona Department of Transportation, or Maricopa Association of Governments to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Maricopa County, the Federal Highway Administration, Arizona Department of Transportation, or Maricopa Association of Governments, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the Non-discrimination provisions of this agreement, Maricopa County will impose such agreement sanctions as it or the Federal Highway Administration, Arizona Department of Transportation, or Maricopa DocuSign Envelope ID: F177879F-AF00-4398-AB00-462FE9E86B06 Section I – General Provisions 8 Association of Governments, may determine to be appropriate, including, but not limited to: 1. withholding payments to the Contractor under the agreement until the Contractor complies; and/or 2. cancelling, terminating, or suspending an agreement, in whole or in part. F. Pertinent Non-Discrimination Authorities: During the performance of this agreement, the Contractor, for itself, its assignees, and successors in interest, agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin): and 49 CFR Part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); 3. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); 6. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); 7. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); 8. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131- DocuSign Envelope ID: F177879F-AF00-4398-AB00-462FE9E86B06 Section I – General Provisions 9 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; 9. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); 10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; 11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); 12. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1687 et seq.). G. Incorporation of Provisions: The Contractor will include the provisions of paragraphs A through G of this Provision 21 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations or directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as Maricopa County, the Federal Highway Administration, Arizona Department of Transportation, or Maricopa Association of Governments may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with, litigation by a subcontractor or supplier because of such direction, the Contractor may request Maricopa County to enter into any litigation to protect the interests of Maricopa County. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. 22. 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 them. DocuSign Envelope ID: F177879F-AF00-4398-AB00-462FE9E86B06 Section I – General Provisions 10 23. 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 Section IV, Compensation, of this agreement; the Contractor may adjust the dollar amounts providing the total agreement amount remains unchanged. When the cumulative increase exceeds ten percent (10%), prior written approval by the Director is required. 24. 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 the 3-year period preceding this agreement been convicted of or had a civil judgment rendered against them for (1) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or agreement under a public transaction; (2) 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 4. have not within a 3-year period preceding this agreement had one or more public transactions (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 certification 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. 25. E-VERIFICATION OF EMPLOYEES DocuSign Envelope ID: F177879F-AF00-4398-AB00-462FE9E86B06 Section I – General Provisions 11 A. The Contractor warrants that it is in compliance with A.R.S. § 41-4401 and further acknowledges: 1. That the Contractor and any subcontractors 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 agreement that is subject to penalties up to and including termination of the agreement; 3. That Maricopa County retains the legal right to inspect the papers of any contractor or subcontractor employee who works on the agreement 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 Maricopa County. 27. CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS A. The Parties agree that this agreement and employees working on this agreement 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). DocuSign Envelope ID: F177879F-AF00-4398-AB00-462FE9E86B06 Section III – Work Statement ____________________________________________________________________________________ 12 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 agreement disputes process as follows: 1. The TRP Program Manager of the Department shall reduce his or her 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. 2. If the Contractor desires to appeal a decision of the TRP Program Manager, the Contractor shall submit a written appeal to the Director. The Contractor must file its written appeal within seven (7) working days following receipt of the TRP Program Manager'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. 3. 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. 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 agreement 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. DocuSign Envelope ID: F177879F-AF00-4398-AB00-462FE9E86B06 Section III – Work Statement ____________________________________________________________________________________ 13 B. Such amendment 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 amendment will not direct substantive changes in services to be rendered by the Contractor. C. Any dispute or disagreement caused by such written amendment 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 subcontractor, 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, and 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 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. DocuSign Envelope ID: F177879F-AF00-4398-AB00-462FE9E86B06 Section III – Work Statement ____________________________________________________________________________________ 14 TRAVEL REDUCTION PROGRAM SERVICES October 1, 2020 – September 30, 2021 1. DEFINITIONS A. Major Employer means an employer that employs fifty (50) or more employees and/or students who report to a single work site or school at least three days per week for at least six months of the year. B. Program-Related Materials include all training, promotional materials, news releases, and public service announcements, being paid for in part or in whole under this agreement. C. Regional means an area that encompasses or overlaps territory within the jurisdiction of two or more political subdivisions of the State of Arizona. D. Travel Reduction Program means a program that develops, implements, and maintains a travel reduction plan by an employer that includes returning the employer report for the annual survey; administering and returning the annual survey; developing, submitting, and implementing a travel reduction plan; and maintaining documentation/records. E. Single Occupancy Vehicle (SOV) Trip means a one-way trip to or from residence to place of employment or school by means of automobile, light duty truck, or motorcycle occupied by only the driver. F. Transportation Coordinator means a person designated by a major employer to serve as the main person in developing and implementing a Travel Reduction Program. G. Travel Reduction Program Plan means a written report describing travel reduction measures and/or equivalent emission reduction measures that a major employer intends to implement. H. Voluntary Employer means an employer that is not included in the definition of major employer and chooses to participate in a travel reduction program. 2. SERVICE DEFINITION Services contained herein include those activities pertaining to the following: marketing and communication services in support of the Maricopa County TRP; training TRP employer personnel (transportation coordinators and employees); providing technical assistance to voluntary and major employers; and developing, producing and distributing training and collateral materials. DocuSign Envelope ID: F177879F-AF00-4398-AB00-462FE9E86B06 Section III – Work Statement ____________________________________________________________________________________ 15 3. UNIT OF SERVICE DEFINITION One calendar month of service delivery. (Monthly service periods: October 1, 2020 to September 30, 2021) 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. 5. SPECIAL SERVICE REQUIREMENTS A. Valley Metro activities undertaken in performance of this agreement shall be under the general supervision of the Maricopa County TRP. B. All training, promotional and advertising materials, public service announcements, press releases, and other program-related materials shall be developed with and approved by Maricopa County before distribution and/or use. C. Maricopa County agrees to furnish the Contractor approval or disapproval within five (5) working days of receipt of proposed material developed specifically for the voluntary no-drive day program. Failure of Maricopa County to furnish approval or disapproval within the five (5) working days shall constitute approval of such material. D. All reports and maps completed as a part of the agreement, jointly written or produced by the Contractor for the County, except copies of such documents made for the exclusive internal use of Valley Metro and/or the County, shall give credit to Maricopa County and the Maricopa Association of Governments on the front cover or a title page, or in case of maps, in the title block which identifies the cooperative parties. In addition, if any portion of this project is funded from the Federal Highway Administration and/or Federal Transit Administration, U.S. Department of Transportation, all such documents shall contain the following disclaimer statement: “This report was funded in part through grant[s] from the Federal Highway Administration and/or Federal Transit Administration, U.S. Department of Transportation. The contents of this report reflect the views and opinions of the author(s) who is responsible for the facts and the accuracy of the data presented herein. The contents do not necessarily state or reflect the official views or policies of the U.S. Department of Transportation, the Arizona Department of Transportation or any other State or Federal DocuSign Envelope ID: F177879F-AF00-4398-AB00-462FE9E86B06 Section III – Work Statement ____________________________________________________________________________________ 16 Agency. This report does not constitute a standard specification or regulation”. E. All materials prepared and used by Valley Metro in performance under this agreement funding shall give credit to Maricopa County Air Quality Department and the Maricopa Association of Governments, except for those materials prepared in generic form for use by employers. Credit for materials developed specifically for the voluntary no-drive days may be in the form of naming each department as a sponsor. F. All material developed specifically in support of the TRP, funded through this agreement, will be prominently identified as "The Maricopa County Travel Reduction Program." G. 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. H. Maricopa County will provide the following information to Valley Metro to ensure that Contractor activities are fully coordinated with those of the County: 1. Survey summary analyses upon request and new TC lists twice monthly. 2. Notices, agendas, and other public information pertaining to the TRP 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 A. Provide technical assistance to TRP employers in achieving the prescribed reductions in SOV trips or SOV miles traveled through one-on-one assistance, e-newsletters, collateral materials, promotions, and materials. Develop promotional kits for employers and associated collateral pieces up to four times per year that promote the use of alternative transportation modes and schedules. Promotional kits may be produced in paper or electronic form. B. Provide training to TRP employer TCs on the requirements of the law including the survey process, plan writing and documentation, types of alternative modes and schedules, and travel reduction strategies. Design and provide additional training to address changes and updates to the Maricopa County P-7 TRP Ordinance. C. Form and facilitate TC workshops and webinars. DocuSign Envelope ID: F177879F-AF00-4398-AB00-462FE9E86B06 Section III – Work Statement ____________________________________________________________________________________ 17 D. Monitor and track activities to elevate the effectiveness of training, promotions, and collateral materials. E. Develop and conduct a paid advertising campaign in coordination with the Clean Air Campaign that encourages use of commute solutions. Conduct a year-round campaign for employees in Maricopa County that encourages weekly use of travel reduction solutions undertaken by RPTA and designed to meet the outcomes of the scope of work, which may include print materials, paid advertising, public relations, and events. F. Design and implement additional enhancements for the new ShareTheRide.com Transportation Demand Management (TDM) platform to support TC’s travel reduction plan tracking and record keeping. Continue promotion of online contests that encourage commuters to register with the new online matching system. Implement up to three employer challenge contests per year. G. Explore feasibility of establishing Transportation Management Association (TMA)-style of TC groups to collaborate and share best practices in TDM/office-based vs. remote work strategies, addressing travel reduction plan challenges, and location transitions throughout Maricopa County. H. Produce brochures, informational materials, collateral materials, and promotional items pursuant to MAG Considerations Guidelines for Promotional Items as necessary. 7. ANNUAL GOALS A. Maintain the number of technical assistance contacts as compared with the FY20 estimated actual. FY20 Goal FY20 Estimated Actual FY21 Goal Phone 1,000 701 800 Meetings 60 66 60 Mail 600 440 500 Emails 9,000 25,749 9000 Total Contacts 10,600 26,956 10,360 DocuSign Envelope ID: F177879F-AF00-4398-AB00-462FE9E86B06 Section III – Work Statement ____________________________________________________________________________________ 18 B. Maintain participation in TRP training when compared with FY20 estimated actual. C. Maintain TC webinar participation when compared to FY20 estimated actual. FY20 Goal FY20 Estimated Actual FY21 Goal Online Meetings 12 18 16 Attendees 1,000 1,334 1,200 8. REPORTING A. Submit an overview of the vision and planning for the FY21 program including highlights of proposed training and assistance initiatives, operational changes, as well as recommendations to increase TRP compliance results. Submission of this document is to accompany a proposed scope of work and budget request for the FY22 grant cycle, due August 15, 2021. B. Send monthly reports and invoices to the County on or before the 15th of the month following the month in which services were performed in the prescribed format and document work performed by task. All costs incurred in preparing invoices and reports shall be included in the general and administrative expenses or the overhead. Monthly reporting shall follow the format below. Task 2.0 - Fulfill Intergovernmental Agreement between Maricopa County –TRP and the RPTA/Valley Metro to provide training, technical assistance, FY20 Goal FY20 Estimated Actual FY21 Goal Intro to TRP (online) 200 251 250 How to Conduct a TRP Annual Survey (online) 90 118 100 How to Write a TRP Annual Plan (online) 90 98 100 How to Implement and Document a TRP Annual Plan (online) 80 99 90 DocuSign Envelope ID: F177879F-AF00-4398-AB00-462FE9E86B06 Section III – Work Statement ____________________________________________________________________________________ 19 promotion, and available collateral materials for the TRP and Clean Air Campaign. Percent of Work Completed: % Task 2.1 - Employer Assistance Services - Provide technical assistance to TRP employers in achieving the prescribed reductions in SOV trips or SOV miles traveled through one-on-one assistance, e-newsletters, collateral materials, promotions, and materials. Develop promotional kits for employers and associated collateral pieces up to four times per year that promote the use of alternative transportation modes and schedules. Promotional kits may be produced in paper or electronic form. Work Accomplished: Employer Phone Contacts Employer Meetings Sub-total Additional contacts: Email Mail Sub-total Grand Total Employer Events: Date Employer Attendees Total Attendance • Special Meetings/Other Events Held • Problems Encountered • Reports or Data Produced Task 2.2 - Employer Training - Provide training to TRP employer TCs on the requirements of the law including the survey process, plan writing and documentation, types of alternative modes and schedules, and travel DocuSign Envelope ID: F177879F-AF00-4398-AB00-462FE9E86B06 Section III – Work Statement ____________________________________________________________________________________ 20 reduction strategies. Design and provide additional training to address changes and updates to the Maricopa County P-7 TRP Ordinance. • Work Accomplished • Meetings/Events Held • Problems Encountered • Reports or Data Produced Task 2.3 - Form and Facilitate TC Workshops and Webinars • Work Accomplished • Meetings/Events Held TCA Name Date Number of Attendees Number of Employers Topic TC Workshop TC Webinar Totals • Problems Encountered • Reports or Data Produced Task 2.4 – Advertising - Develop and conduct a paid advertising campaign in coordination with the Clean Air Campaign that encourages use of commute solutions. Conduct a year-round campaign for Valley employees that encourages weekly use of travel reduction solutions undertaken by RPTA and designed to meet the outcomes of the scope of work, which may include print materials, paid advertising, public relations, and events. • Work Accomplished • Meetings/Events Held • Problems Encountered • Reports or Data Produced Task 2.5 – ShareTheRide.com - Design and implement additional enhancements for the new ShareTheRide.com TDM platform to support TC’s travel reduction plan tracking and record keeping. Continue promotion of online contests that encourage commuters to register with the new online matching system. Implement up to three employer challenge contests per year. • Work Accomplished • Meetings/Events Held • Problems Encountered DocuSign Envelope ID: F177879F-AF00-4398-AB00-462FE9E86B06 Section III – Work Statement ____________________________________________________________________________________ 21 • Reports or Data Produced Task 2.6 – TMA TC Groups - Explore feasibility of establishing Transportation Management Association (TMA)-style of TC groups to collaborate and share best practices in TDM/office-based vs. remote work strategies, addressing travel reduction plan challenges, and location transitions throughout Maricopa County. • Work Accomplished • Meetings/Events Held • Problems Encountered • Reports or Data Produced 9. SCHEDULE A. Provide training, technical assistance, promotion, and available collateral materials for the TRP and Clean Air Campaign – ongoing. B. Submit Monthly Reports – 15 days following close of each month. C. Submit overview of vision and planning including a proposed scope of work and budget request for the FY22 program cycle by August 15, 2021. D. Negotiate Intergovernmental Agreement with Maricopa County TRP and the RPTA by September 30, 2021. E. Submit Draft Annual TRP Report by November 1, 2021. F. Submit Final Annual TRP Report by November 15, 2021. DocuSign Envelope ID: F177879F-AF00-4398-AB00-462FE9E86B06 Section IV – Compensation ____________________________________________________________________________________ 22 Maricopa County Travel Reduction Program TRP Subcontractor FY2021 Budget RPTA / Valley Metro October 1, 2020 to September 31, 2021 MAG TRP/Expansion – MAGTRP (TRMSub) RPTA – 3220 TASK 2 SUBCONTRACTOR (RPTA/Valley Metro -QL22 Commute Solutions) Hours by Personnel & Task Raw Direct Task 2 Labor Training & Total Total Personnel Hourly Rate Assistance Hours Cost Williams Abby $48.08 540.20 540.20 $25,972.82 Day Suzanne $34.48 540.20 540.20 $18,626.10 Duarte Lillian $37.93 540.20 540.20 $20,489.79 Lakin Trish $27.33 720.26 720.26 $19,684.71 Reid Jeff $24.84 540.20 540.20 $13,418.57 Fettig Annette $28.85 900.33 900.33 $25,974.52 Subtotal $124,166.51 Total Productive Hours 3,781.39 3,781.39 Total Hourly Subcontractors Cost $124,166.51 $124,166.51 Fringe 61.67% $76,573.49 $76,573.49 Overhead 70.00% $86,916.56 $86,916.56 Reimbursable Expense (Postage) $4,000.00 $4,000.00 Reimbursable Expense (Printing) $12,543.44 $12,543.44 Reimbursable Expense (Promotional) $4,000.00 $4,000.00 Reimbursable Expense (Meetings/Mileage/Translations/Mail) $2,800.00 $2,800.00 Reimbursable Expense (Subcontractor - Advertising/Marketing) $10,000.00 $10,000.00 Reimbursable Expense (Subcontractor – Other) $35,000.00 $35,000.00 Total Subcontractor Cost $356,000.00 $356,000.00 DocuSign Envelope ID: F177879F-AF00-4398-AB00-462FE9E86B06