FY21 MCAQD VM TRP ADEQ (2) - SIGNED.PDF

DocuSign Envelope ID: 7CC08740-8B7C-472A-A6DC-2268238204E3

Section! - General Provisions
MARICOPA COUNTY
and the

REGIONAL PUBLIC TRANSPORTATION AUTHORITY
MCAQDTRP-RPTAVM

ADEQTRP
1. Agreement No.: (ADEQTRPICAC) 2. Agreement Type: Cost Reimbursement
3. Agreement Amount: _ $150,000.00 4. Purpose: Travel Reduction Services
5. Budget Code: ADEQTRP FY21 TRASub_ 6. Contractor FEI/SSN: 86-0557533
7. Start Date: July 1, 2020 8. Expiration Date: June 30, 2021

This Agreement is entered into by and between Maricopa County by and through its Air Quality Department, referred to hereinafter
as County, and Regional Public Transportation Authority, referred to hereinafter as Contractor. The Contractor, for and in
consideration of the covenants and conditions set forth herein, shall provide and perform the services as set forth below. All rights
and obligations of the parties shall be governed by the terms of this document, its Exhibits, Attachments and Appendices, including
any Sub-agreements or Amendments as set forth herein and in:

Section | - General Provisions Section Ill - Work Statement
Section Il - 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 Phone: 602-506-6750
ATTN: Director - Air Quality Department
3800 N. Central, Suite 1400, Phoenix AZ 85012

Notice to Contractor: Regional Public Transportation Authority Phone: 602-262-7433
ATTN: Chief Executive Officer
101 N. 1st Avenue, Suite 1400, Phoenix AZ 85003

IN WITNESS WHEREOF, the parties enter into this Agreement:

Maricopa County: Board of Supervisors Contractor: Regional P. blic Transportation Authorit
Signature: Signature: oA

Clint Hickman, Chairman of the Board Scott W.'Smith, Chief Executive Officer
6/18/2020

Date: Date: /18/

Attest: Attest:

Date: Date:
Pursuant to A.R.S. §11-952, the Maricopa County Pursuant to A.R.S. §11-952, the Counsel for the Contractor
Attorney's Office has determined that this has determined that this Intergovernmental Agreement is
Intergovernmental Agreement is within the powers and within the powers and authority granted under the laws of
authority granted under the laws of the State of Arizona. the State or Artin >

LD,

Signature: Per tuthig Gun 20, 202471423 POT) Signature!
Peter Muthig, Deputy County Attorney Michaet J. Minnaugh, General Counsel :
6/18/2020
Date. JUN 30, 2020 Date:

MCAQD_VM FY21 TRP Agreement ADEQ Funds 1

DocuSign Envelope ID: 7CC08740-8B7C-472A-A6DC-2268238204E3

Section! - General Provisions

1. RECITALS

A. The County is empowered by Arizona Revised Statutes Sections 11-951 through 11-954 to enter into this
Agreement.

B. The Contractor is empowered by Arizona Revised Statutes Sections 48-5122, 48-5123, 28-8131 and 49-582 to
enter into this Agreement.

2. EFFECT
To the extent that the Special Provisions are in conflict with the General Provisions, the Special Provisions shall
control. To the extent that the Work Statement(s) and the Special or General Provisions are in conflict, the Work
Statement(s) shall control.

3. DEFINITIONS
As used throughout these GENERAL PROVISIONS, the following terms shall have the meanings set forth:
A. Agreement means this document and all attachments hereto.
B. Contractor means the person, firm or organization listed on the Cover Page of this Agreement.

C. Director means the Director of the Maricopa County Air Quality Department.

D. Funding Source means any Federal, State or Private Department funding source which may impose conditions
on the funding that will be passed on to the Contractor.

E. Travel Reduction Program (TRP) means a program that implements a travel reduction plan by an employer
or school and is designed to achieve target reductions in the rate of single-occupancy vehicle trips and/or in
the rate of single-occupancy vehicle miles traveled. Reductions can occur through the implementation of
various travel reduction measures and/or equivalent emissions reduction measures.

4. GENERAL REQUIREMENTS

A. The terms of this Agreement shall be construed in accordance 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
(8) 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.

MCAQD_VM FY21 TRP Agreement ADEQ Funds 2

DocuSign Envelope ID: 70C08740-8B7C-472A-A6DC-2268238204E3

Section! - General Provisions

10.

11.

12.

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.

AUDIT DISALLOWANCES

A.

The Contractor shall, upon written notice thereof, reimburse Maricopa County for any payments made under
this Agreement which are disallowed by a Federal, State or Maricopa County audit in the amount of the
disallowance, as well as court costs and attorney fees which Maricopa County spends to pursue legal action
relating to such a disallowance. Court costs and attorney fees incurred will be specifically identified as applicable
to the recovery of the disallowed costs in question.

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.

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.

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.

CONTRACT COMPLIANCE MONITORING

A.

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 Contractors 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.

Additionally, the Contractor will provide the Department with its yearly Single Audit Report (Report). The
Department will review the Report and discuss any findings with the Contractor.

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 Travel Reduction Program related agreement, contract or grant including any other
agreement, contract or grant awarded by the Department where the award of such agreement, contract or grant
may affect either the direct or indirect costs being paid/reimbursed under this Agreement. Failure by the
Contractor to notify the Department of such award shall be considered in violation of the Agreement and the
Department shall have the right to annul this Agreement without liability.

The Department may request, and the Contractor shall provide within a reasonable time, a copy of such other
agreement, contract or grant, when in the opinion of the Department the award of the other agreement, contract
or grant may affect the costs being paid or reimbursed under this Agreement.

If the Department determines that the award to the Contractor of such other Federal or State agreement,
contract or grant has affected the costs being paid or reimbursed under this Agreement, the Department shall
prepare an Agreement Amendment effecting a cost adjustment. If the Contractor protests the proposed cost

MCAQD_VM FY21 TRP Agreement ADEQ Funds 3

DocuSign Envelope ID: 7€C08740-8B7C-472A-A6DC-2268238204E3

Section! - General Provisions

13.

14,

15.

16.

17.

18.

19.

20.

adjustment, the protest shall be construed as a dispute within the meaning of the "Disputes" clause contained
herein.

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 of 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.

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's
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.

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.

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.

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.

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 of 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 inuring to the benefit of the other entity.

COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or organizational entity has been employed or retained to solicit or secure
this Agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee.

For breach or violation of this warranty, the Department shall have the right to annul this contract without liability.

RIGHTS IN DATA

MCAQD_VM FY21 TRP Agreement ADEQ Funds 4

DocuSign Envelope ID: 7CC08740-8B7C-472A-A6DC-2268238204E3

Section! - General Provisions

21.

22.

23.

24.

25.

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 hereunder.

NON-DISCRIMINATION

The Contractor, in connection with any service or other activity under this Agreement, shall not in any way
discriminate against any person on the grounds of race, color, religion, sex, national origin, age, handicap, political
affiliation or belief. The Contractor shall include a clause to this effect in all subcontracts inuring to the benefit of the
Contractor or the Department.

EQUAL EMPLOYMENT OPPORTUNITY

The Contractor will not discriminate against any employee or applicant for employment because of race, age,
handicap, color, religion, sex or national origin. The Contractor will take affirmative action to insure that applicants
are employed and that employees are treated during employment without regard to their race, age, handicap, color,
religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The Contractor will to the extent such provisions
apply, comply with Title VI and VII of the Federal Civil Rights Act; the Federal Rehabilitation Act; the Age
Discrimination in Employment Act; the Immigration Reform and Control Act of 1986 (IRCA) and Arizona Executive
Order 75-5 which mandates that all persons shall have equal access to employment opportunities.

UNIVERSALITY

This Agreement is entered into on behalf of Maricopa County in its entirety. Any department, division, or unit, within
the Department, that has need of the services identified herein may utilize it.

ALLOWABLE EXPENDITURES

Expenditure of funds advanced, or qualifying for reimbursement, pursuant to this Agreement shall be made by the
Contractor only for the following:

A. Services or materials approved or appropriated for, and used in, the performance of services herein agreed to
be provided.

B. Service classifications shown on page 1, Section lV, Compensation, of this contract, the Contractor may adjust
the dollar amounts providing the total Agreement amount remains unchanged. Adjustments shall be made in
accordance with the following:

4. When the cumulative increase exceeds ten percent (10%), prior written approval by the Director is required.
2. When the cumulative increase does not exceed ten percent (10%), written approval is not required.
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 three (3)-year period preceding this Agreement been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract
under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen

property;

3. are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State
or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and

MCAQD_VM FY21 TRP Agreement ADEQ Funds 5

DocuSign Envelope ID: 7CC08740-8B7C-472A-A6DC-2268238204E3

Section! - General Provisions

4. have not within a three (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 clause in all lower tier covered transactions (i.e.
transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this

Agreement.
26. E-VERIFICATION OF EMPLOYEES
A. The Contractor warrants that it is in compliance with A.R.S. § 41-4401 and further acknowledges:

41. That the Contractor and its subcontractors, if any, warrant their compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with A.R.S. § 23-214, subsection A;

2. That a breach of a warranty under subsection 1 above, shall be deemed a material breach of the contract
that is subject to penalties up to and including termination of the contract;

3. That the contracting government entity retains the legal right to inspect the papers of any contractor or
subcontractor employee who works on the contract to ensure that the contractor or subcontractor is
complying with the warranty provided under subsection 1 above and that the contractor agrees to make all
papers and employment records of said employee(s) available during normal working hours in order to
facilitate such an inspection.

4. That nothing herein shall make any contractor or subcontractor an agent or employee of the contracting
government entity.

27. CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES
OF WHISTLERBLOWER 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 the Contractor and
copies provided to County upon request; and

C. Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the
simplified acquisition threshold ($150,000 as of September 2013).

MCAQD_VM FY21 TRP Agreement ADEQ Funds 6

DocuSign Envelope ID: 7CC08740-8B7C-472A-A6DC-2268238204E3

Section Il - Special Provisions

1. EFFECT

To the extent that the Special Provisions are in conflict with the General Provisions, the Special Provisions shall
control. To the extent that the Work Statement(s) and the Special or General Provisions are in conflict, the Work
Statement(s) shall control.

2. DISPUTES

A.

Except as may otherwise be provided for by law, any dispute not involving a question of law arising during the
performance of this Agreement that is not resolved between the Parties within thirty (30) days shall be submitted
to Maricopa County's contract disputes process as follows:

4. The TRP Program Manager of the Department shall reduce his decision to writing and mail or otherwise
furnish the Contractor with a copy. The Contractor may abide by the decision or may appeal the decision
to the Director.

2. Ifthe Contractor desires to appeal a decision of a Procurement Officer, the Contractor shall be required to
submit a written appeal to the Director. The Contractor must file its written appeal within seven (7) working
days following receipt of the 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 the Parties of a written contract amendment:

1. Work Statement activities reflecting changes in Funding Source or Department regulations, policies or
requirements.

2. Administrative requirements such as changes in reporting periods, frequency or reports or report formats
required by Funding source or Department regulations, policies or requirements.

Such order will not serve to increase or decrease the total compensation to be paid the Contractor, or to decrease
any guaranteed units of service to be purchased from the Contractor. Additionally, such order will not direct
substantive changes in services to be rendered by the Contractor.

Any dispute or disagreement caused by such written order shall constitute a "Dispute" within the meaning of the
Disputes Clause of the Special Provisions of this Agreement and be administered accordingly.

4. INSURANCE

A.

B.

The Contractor shall have in effect, either by Contractor or through the Contractor’s sub-contractor, at all
times during the term of this Agreement, insurance 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.

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

MCAQD_VM FY21 TRP Agreement ADEQ Funds 7

DocuSign Envelope ID: 7CC08740-8B7C-472A-A6DC-2268238204E3
Section Il - Special Provisions

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.

MCAQD_VM FY21 TRP Agreement ADEQ Funds 8

DocuSign Envelope ID: 7CC08740-8B7C-472A-A6DC-2268238204E3

Section Ill - Work Statement

FY 2021
TRAVEL REDUCTION PROGRAM SERVICES AND CLEAN AIR CAMPAIGN

1. DEFINITIONS

A.

CLEAN AIR CONTESTS refers to organized contests open to employees of TRP employers and the general
public to encourage use of alternative transportation modes and schedules, with the goal of reducing drive
alone trips and vehicle miles traveled.

CLEAN AIR CAMPAIGN is Maricopa County's year-round campaign designed to encourage residents to
reduce drive-alone trips and miles traveled by using alternative transportation modes and schedules and to
educate the public about the causes and solutions to air quality problems. As such, the campaign is intended
to support the efforts of major employers in the implementation of their individual travel reduction plans and
to promote the use of alternative modes and schedules to the general public. The Clean Air Campaign also
addresses year-round air pollution reduction efforts including the summer ozone season and the winter No
Burn/Burn Cleaner Burn Better season.

MAJOR EMPLOYER means an employer that employs fifty (50) or more employees and/or students who
report to a single work site at least three days per week for at least six months of the year.

PROGRAM-RELATED MATERIALS include all training, promotional and advertising materials, news releases
and public service announcements, being paid for in part or in whole under this agreement.

REGIONAL means an area which encompasses or overlaps territory within the jurisdiction of two or more political
subdivisions of the State of Arizona.

TRAVEL REDUCTION PROGRAM (TRP) refers to the Maricopa County Travel Reduction Program, a County
ordinance which requires major employers to achieve a 10 percent reduction in single occupant vehicle commute
trips and/or miles traveled to or from the work place.

SINGLE OCCUPANCY VEHICLE (SOV) TRIP is a one-way trip to or from residence to or from the place of
employment or school by means of automobile, light duty truck or motorcycle occupied by only the driver.

TRANSPORTATION COORDINATOR (TC) is a person designated by a major employer or volunteer employer
as the lead person in developing and implementing a TRP annual plan.

TRAVEL REDUCTION PROGRAM ANNUAL PLAN is a written report submitted by a major employer to
Maricopa County for review and approval which describes the travel reduction measures proposed for
implementation by the employer.

VOLUNTARY EMPLOYER means an employer that is not included in the definition of major employer and
chooses to participate in a travel reduction program.

2. SERVICE DEFINITION

Services contained in this Agreement include those activities pertaining to the following: marketing and
communication services in support of the Maricopa County TRP and Clean Air Campaign; training TRP employer
personnel (Transportation Coordinators and employers); providing technical assistance to major and voluntary
employers; and developing, producing and distributing training, collateral and promotional materials.

3. UNIT OF SERVICE DEFINITION

One calendar month of service delivery. (Monthly service periods: July 1, 2020 — June 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.

MCAQD_VM FY21 TRP Agreement ADEQ Funds 9

DocuSign Envelope ID: 7CC08740-8B7C-472A-A6DC-2268238204E3

Section Ill - Work Statement
5. SPECIAL SERVICE REQUIREMENTS

A. Valley Metro activities undertaken in performance of this agreement are under the general supervision and
at the direction of Maricopa County TRP staff. The planning and implementation of the TRP and Clean Air
Campaign activities are coordinated.

B. All materials developed by Valley Metro which are funded by this agreement shall be approved by Maricopa
County TRP staff before distribution and/or use.

C. Maricopa County will furnish Valley Metro approval or disapproval within five (5) working days of receipt of
proposed material. Failure of Maricopa County to furnish approval or disapproval within five (5) working days
shall constitute approval of such material.

D. All materials prepared and used by Valley Metro in performance under this agreement's funding shall give
credit to Maricopa County and the Arizona Department of Environmental Quality, except for those materials
prepared in generic form for use by employers. Credit for materials may be in the form of naming each
department as a sponsor.

E. All material developed in support of the TRP, funded through this agreement, will be prominently identified
as "The Maricopa County Travel Reduction Program."

F. Subcontractors selected by Valley Metro for performance under this agreement shall be approved in writing
by Maricopa County regardless of the procedures used in making the selection.

G. Maricopa County will provide the following information to Valley Metro to ensure Valley Metro 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 Travel Reduction Program Regional
Task Force when generated.
3. Periodic information for articles about the TRP for distribution to major employers as appropriate.
6. SERVICE OBJECTIVES AND TASKS

The service objectives and tasks for this Agreement are in two parts labeled "TRAVEL REDUCTION PROGRAM
SERVICES" and "CLEAN AIR CAMPAIGN." This separation is made to enable Valley Metro to manage activities.
Regardless of the separation for management purposes, both activities are coordinated.

PART 1: TRAVEL REDUCTION PROGRAM SERVICES

The mission of the TRP is to improve air quality by affecting a long-term change in employee commuting behavior. Valley
Metro assists employers in implementing policies and strategies to affect commuters’ mode choices, reducing the portion
of SOV trips and/or the SOV miles traveled. The TRP is an important program for improving air quality, decreasing traffic
congestion and conserving energy and part of the State Implementation Plan for air quality.

GOALS:

1. Educate employers and the general public about the goals and requirements of the TRP.

2. Provide assistance and resources to employers in conducting the TRP annual survey; in implementing TRP annual
plans; and in providing educational and promotional materials for distribution.

3. Provide training to employers on the requirements of the law, alternative transportation modes and schedules, travel
reduction strategies and TRP annual plan documentation requirements.

Objective 1: Provide training and development for TRP employer staff personnel.

1.1

Provide continuous training to staff of TRP employers (TCs) in administering the TRP annual survey.

MCAQD_VM FY21 TRP Agreement ADEQ Funds 10

DocuSign Envelope ID: 7CC08740-8B7C-472A-A6DC-2268238204E3

Section Ill - Work Statement

1.2

1.3

1.4

1.5

Provide continuous training to TCs on the development, implementation and promotion of their approved
TRP annual plans.

Provide more targeted training to new, Year 1 and Year 2 TCs. This may include more closely tracking this
group completing the online training.

Conduct on-going evaluations of training and revise training as necessary to best meet employer needs.

Develop, update and implement TRP training materials and courses as necessary.

Objective 2: Provide technical assistance to TRP employers.

2.1

2.2

2.3

2.4

2.5

2.6

2.7

Provide an efficient, effective and proactive technical support program for TRP employers. Develop and
implement a schedule of employer contacts based on lists provided by Maricopa County TRP staff.

Assist and educate employers in achieving at least a 60% response rate for each employer site for the TRP
annual survey as required by TRP Regional Task Force policy.

Assist employers in implementing approved TRP annual plans. Email a standardized written offer of
assistance to each TC within 21 days of plan approval to request copies of promotional materials and offer
guidance to implement and/or improve promotional materials. Send a close-out email to TCs once review of
promotional materials is complete.

Organize and facilitate webinars or meetings for TCs to help TRP employers comply with their TRP annual
plan and implement travel reduction strategies.

Provide more targeted education and outreach to new, Year 1 and Year 2 TCs. This may include more closely
tracking this group to ensure they understand program requirements.

Assist employers by providing materials, training, and assistance in implementing travel reduction strategies
contained in their TRP annual plans.

Produce and distribute training and TRP marketing materials.

Objective 3: Monitor and track activities to evaluate the effectiveness of Valley Metro programs and activities.

3.4

3.2

3.3

Track employer contacts, employee presentations, training attendance and TC webinar or meeting
attendance.

Update employer databases from employer information provided by Maricopa County TRP staff.

Assist Maricopa County TRP staff in monitoring employer plan implementation. Provide employer assistance
histories as needed.

Objective 4: Develop and communicate messages and materials that promote increased use of services and

4.1

4.2

4.3

programs.
Research existing, successful models of programs and messages.

Develop a marketing campaign that creates awareness of the need for travel demand strategies and
encourages the increased use of alternative modes and work schedules in coordination with the Clean Air
Campaign and other Valley Metro programs.

Develop materials for employers and commuters that create awareness of the need for travel demand
strategies and encourage the increased use of alternative modes and work schedules. Develop and provide
promotional kits for employers, in coordination with the Clean Air Campaign, up to four times annually. These
kits may include supplemental materials provided by Maricopa County at the direction of Maricopa County
and may be provided in paper or electronic form.

MCAQD_VM FY21 TRP Agreement ADEQ Funds 1

DocuSign Envelope ID: 7CC08740-8B7C-472A-A6DC-2268238204E3

Section Ill - Work Statement

PART 2: CLEAN AIR CAMPAIGN

Valley Metro will coordinate year-round Clean Air Campaign efforts with the TRP to maximize the effectiveness of employer
efforts in reducing commute trips and to communicate messages to the general public.

GOALS:

The goals of the Clean Air Campaign are to:

1.

6.

Increase public awareness that one of the main causes of air pollution (carbon monoxide, ozone and particulate air
pollution) is motor vehicles.

Encourage the general public to increase use of alternative transportation modes and schedules.
Emphasize the harmful effects of air pollution on the environment and health and educate the public on the solutions.

Provide employers with events and materials to enhance their efforts to encourage their employees and/or students
to use alternative modes and schedules that will help them comply with the TRP.

Encourage major employers as well as smaller employers not addressed by the TRP Ordinance, to participate in
Clean Air Campaign activities.

Develop, implement and track events to educate the public that their participation is essential to improve air quality.

OBJECTIVES

Objective 1: Execute plans to help increase participation by employers.

1.1. Develop materials and communication strategies to help TCs establish creative clean air programs at their
work site.

1.2 Develop, produce and distribute collateral materials in coordination with the TRP.
1.3 Conduct contests and events.
1.4 Assist employers, employees and jurisdictions in promoting alternative transportation modes and schedules.
1.5. Integrate Clean Air Campaign literature, events and programs with the TRP.
1.6 Conduct training to educate employers and provide information on the campaign.
Objective 2: Plan and implement a public relations campaign.
2.1 Develop and implement special promotions and events.

2.2 Disseminate information through electronic and no-cost distribution channels as well as through news stories,
newspaper articles and public affairs programs.

REPORTING REQUIREMENTS

A. Contractor shall submit twelve (12) monthly progress reports to Maricopa County TRP detailing the activities
conducted during the reporting period (the previous month). At a minimum, the reports shall address:

1. The dates of training sessions and meetings, the number attending and the employers represented.
2. The dates, quantity and description of materials printed.

3. Discussions of problems encountered and the resolution of the problem or a description of a proposed
solution.

MCAQD_VM FY21 TRP Agreement ADEQ Funds 12

DocuSign Envelope ID: 7CC08740-8B7C-472A-A6DC-2268238204E3

Section Ill - Work Statement

10.

The activities of committees and TC meetings and webinars.

The date and location of promotional events; the purpose and character of each event; a list of the media
firms represented; and an assessment of the results.

A copy of each public service announcement shall be provided as an attachment to the monthly report.
An estimate of consumer impressions shall be included in the report.

Special activities and promotions shall be reported, beginning with initiation of the planning phase for
the activity or promotion and continuing through completion of the activity or promotion.

Activities pertaining to each service task stipulated elsewhere in this WORK STATEMENT shall be
reported at the time the activity takes place.

A discussion of the types of assistance requested by employers and recommendations for modifying
training to enhance the knowledge of procedures to make them easier to understand and to facilitate

compliance.

The number of employer assistance contacts will be provided each month by type and by Commute
Solutions Coordinator. The number of employers that participated in a review of their approved plan’s
promotions will be included in this report.

B. The monthly report shall be submitted on or before the 15th day of the month following the month of services.

C. A draft of the final annual progress report will be submitted on or before the 30th day of the month following
the last month of service delivery under this Agreement (July 30, 2021). The final annual report will be
submitted by August 30, 2021. The final annual report shall consist of a synopsis of the monthly reports and
contain an overall assessment of the year's activities.

D. By March 15, 2021 submit a proposed work scope, budget and program overview for the FY21 program.

8. LICENSURE/CERTIFICATION REQUIREMENTS

The Contractor and any subcontractors shall comply with the following standard and/or licensure requirements:
All staff providing services under this Agreement shall be qualified to provide services through appropriate
training, education, experience and/or certification/licensure (if applicable).

MCAQD_VM FY21 TRP Agreement ADEQ Funds 13

DocuSign Envelope ID: 7CC08740-8B7C-472A-A6DC-2268238204E3

Section!V - Compensation

1. COMPENSATION

Subject to availability of funds and as set forth in Section 10 of the General Provisions, Maricopa County will pay
the Contractor in the form of line item reimbursement for actual expenditures. Such reimbursement over the term
of the agreement shall not exceed Maricopa County's share of the agreement amount as determined below.

The total budget for the term of the agreement shall not exceed $150,000.

2. METHOD OF PAYMENT

General

A.

Contractor will submit a line item statement or invoice on or before the 15th day following the month in which
services were performed. The statements or invoices will indicate expenses incurred for each line item during
the month in which services were performed, and year-to-date expenditures for each line item.

Subject to the availability of funds and as set forth in Section 10 of the General Provisions, Maricopa County
will, within thirty (80) working days from the date of receipt of the documents enumerated herein, process
and remit to the Contractor a warrant for payment reimbursing the Contractor for approved expenditures for
the previous month of service provision or work performance. Should Maricopa County make a disallowance
in the claim, the claim shall be processed for the reduced amount. If the Contractor protests the amount or
the reason for a disallowance, the protest shall be construed as a dispute concerning a question of fact within
the meaning of the "Disputes" clause of the Special Provisions of this Agreement.

The Contractor understands and agrees that Maricopa County will not honor any claim for payment submitted
six months after date of service. The Contractor understands and agrees that Maricopa County will not
process any claim for payment for services rendered prior to the expiration date which are submitted 60 days
after the expiration date without approval of the Director.

Payments made by Maricopa County to the Contractor are conditioned upon receipt of applicable, accurate
and complete reports from the Contractor. Payments are also conditioned upon assessment by Maricopa
County that performance by the Contractor does not exceed the scope of this Agreement and that the
performance complies with the terms of the Agreement.

3. BUDGET

Contractor may adjust the budget within the following limits without seeking formal amendment to the agreement.
Any such adjustments are to be reflected in the Contractor's invoice.

Limits of Adjustment: Any single budget line may be adjusted upward in an amount not to exceed ten percent
(10%) of that budget line provided that no such adjustment shall alter the total budget amount.

MCAQD_VM FY21 TRP Agreement ADEQ Funds 14

$1 spun4 DAY jweweaiby Yl LZAd WA GOVOIN

00°0000STS sasuadxy JojoeNUOOQNS [e}0 ],
OF ¥EO'87$ Costpy /qurtg /asv3sog) asuedxg spqusmquiTay
00°000°C1$ (a8vaTI 29 ssuNaey)) asuodxy apqesmquny
00°000°T$ (Jey) stuvysuo_
IL PLO‘tr$ 3°88 proyzaO
¥9'079'81$ ANAS qaueg o8un,j
OL 08ELb$ ysoD stojovmUOgneg ATIMOT [VIO J,
TL99T LT sMoP [e0 J,

OL'08¢°Lr$ qTeq01qnS
ry cro 9$ br lle 8S°Sc$ Jf ‘peu
IOP L$ ZOLOE L0°6¢$ uenry ‘oaenq,
Or'sssZ1$ COLIC zS'se$ auuezns ‘seq
LL Lprer$ br lle cS '6r$ sma \-Aosyoor presuqy
4s07) QOUEISISSY DRY AjMoP Jeuvosts gq

ToL 29 Sues 1z0z ‘og umf - OzOz ‘T Af pong

dul O3GV bz0z ‘oe aunr 0} OZoz ‘b Aine

omen AoyeA | Wd
yeHpng LZAJ J0}DejUOIqnS qyL

ubleduieg ary ueayD / wesboig uoKONpay jeAel) AJUNOD edooweW

uonesuadwog - Al uoqIeS
€AvOTBETBOZZ-DAOW-WZLb-92E8-0FZ8000Z :Al adojeauy uBignoog

FY21 MCAQD VM TRP ADEQ (1)

Final Audit Report 2020-06-30
Created: 2020-06-30
By: Peter Muthig (pmuthig8@gmail.com)
Status: Signed
Transaction ID: CBJCHBCAABAAbmexLTZnGWgiNVz2L-FW8e_Srp25iukp

"FY21 MCAQD VM TRP ADEQ (1)" History

& Document digitally presigned by DocuSign\, Inc. (techops@docusign.com)
2020-06-18 - 11:34:57 PM GMT- IP address: 70.190.173.78

©) Document created by Peter Muthig (pmuthig8@gmail.com)
2020-06-30 - 9:21:50 PM GMT- IP address: 70.190.173.78

E. Document emailed to Peter Muthig (muthigk@mcao.maricopa.gov) for signature
2020-06-30 - 9:22:32 PM GMT

*) Email viewed by Peter Muthig (muthigk@mcao.maricopa.gov)
2020-06-30 - 9:23:09 PM GMT- IP address: 70.190.173.78

&% Document e-signed by Peter Muthig (muthigk@mcao.maricopa.gov)
Signature Date: 2020-06-30 - 9:23:50 PM GMT - Time Source: server- IP address: 70.190.173.78

Signed document emailed to Peter Muthig (muthigk@mcao.maricopa.gov) and Peter Muthig
(pmuthig8@gmail.com)
2020-06-30 - 9:23:50 PM GMT

Adobe Sign