ADEQ MCAQD TRP FY25 AGREEMENT WITH SOW AND BUDGET.PDF
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AGREEMENT
NO. EV24-0040
between the
MARICOPA COUNTY AIR QUALITY DEPARTMENT
and the
ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY
WHEREAS, THIS AGREEMENT is between the STATE OF ARIZONA DEPARTMENT
OF ENVIRONMENTAL QUALITY [hereinafter referred to as the “Department” or “ADEQ”],
authorized to contract pursuant to A.R.S. § 49-104(B), and MARICOPA COUNTY AIR
QUALITY DEPARTMENT [hereinafter referred to as the “Grantee”].
THEREFORE, ADEQ and the Grantee agree to the terms contained in this Agreement.
I.
PURPOSE AND SCOPE OF AGREEMENT
The purpose of this Agreement is to fund and administer the Maricopa County Travel
Reduction Program (TRP) pursuant to A.R.S. §§ 49-581 through 49-593.
This written Agreement includes all terms in this document, Attachment 1 - Scope of Work
and Budget, and any modifications approved in accordance herewith.
II.
TERM
OF
AGREEMENT,
MODIFICATION,
TERMINATION,
AND
INTEGRATION
A. This Agreement shall be effective from the date of the last party’s signature and
shall terminate on June 30, 2025, contingent upon funding.
B. The Agreement may be modified or renegotiated for additional periods upon mutual
written agreement by ADEQ and the Grantee, by formal contract amendment
executed with the same formalities as this Agreement.
C. Either party may terminate this Agreement at any earlier time by providing written
notice to the other party at least thirty (30) days prior to the termination date.
D. This Agreement constitutes the entire Agreement between the parties with respect
to the subject matter hereof. Agreement No. EV23-0020 remains in effect until June
30, 2024, unless otherwise terminated in accordance therewith.
III.
DESCRIPTION OF SERVICES
A. ADEQ shall:
1. Provide funding to the Program.
B. The Grantee shall:
1. Execute the attached Scope of Work.
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IV.
MANNER OF FINANCING AND PAYMENT
A. ADEQ shall reimburse $872,692.00 to execute State Fiscal Year (SFY) 2025 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 signed by the appropriate representatives of the Parties.
B. This Agreement is funded with State funds and no Federal funds will be utilized.
C. Invoices shall be paid within thirty days after receipt of an invoice and
accompanying documentation that demonstrates the activity was completed.
D. Reimbursement requests must include detailed support documentation so as to
determine that expenses are reasonable, allowable, and allocable to the activities
described in the Scope of Work.
V.
REPORTING REQUIREMENTS
See attached scope of work.
VI.
APPLICABLE LAW
A. This Contract shall be governed by and construed in accordance with Arizona
Revised Statutes Title 49 and other laws and regulations of the State of Arizona as
applicable, including the Arizona Procurement Code at A.R.S. § 41-2501 et. seq.
and administrative rules and regulations A.A.C. R2-7-101 et. seq.
B. In the event of any judicial proceeding related to this Agreement or any
unauthorized Subcontract the parties agree that venue shall be proper in Maricopa
County, Arizona. See A.R.S. §§ 12-123 and 12-401(17).
C. The parties to this Contract agree to resolve all disputes arising out of or relating to
this contract through arbitration, after exhausting applicable administrative review,
to the extent required by A.R.S. § 12-1518, except as may be required by other
applicable statutes (Title 41).
VII.
SUBAWARDS
The Grantee shall request and receive approval from ADEQ prior to issuing subawards
funded through this Agreement. The following definitions are applicable to this paragraph:
"Subaward" means any payment to a subrecipient to carry out part of this
Agreement.
"Subrecipient" means a non-Federal entity that receives a subaward to carry out a
part of this Agreement.
"Non-Federal Entity" means a state, local government, Tribal Nation or
Community, institution of higher education (IHE), or nonprofit organization that
carries out a part of this Agreement.
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VIII.
NON-AVAILABILITY OF FUNDS
In accordance with A.R.S. § 35-154, every payment obligation of ADEQ under the
Agreement is conditioned upon the availability of funds appropriated or allocated for
payment of such obligation. If funds are not allocated and available for the continuance of
this Agreement, this Agreement may be terminated by ADEQ at the end of the period for
which funds are available. No liability shall accrue to ADEQ in the event this provision is
exercised, and ADEQ shall not be obligated or liable for any future payments or for any
damages as a result of termination under this paragraph.
IX.
AUDIT
In accordance with A.R.S. § 35-214, the Grantee shall retain and shall contractually require
each contractor and subcontractor to retain all data, books and other records (“records”)
relating to this Agreement for a period of five years after completion of the Agreement.
Upon request, the Grantee shall produce the original of any or all such records.
X.
CONFLICT OF INTEREST
In accordance with A.R.S. § 38-511, ADEQ may within three years after execution cancel
the Agreement, without penalty or further obligation, if any person significantly involved
in initiating, negotiating, securing, drafting or creating the Agreement on behalf of ADEQ,
at any time while the Agreement is in effect, becomes an employee or agent or any other
party to the Agreement in any capacity or a consultant to any other party of the Agreement
with respect to the matter of the Agreement.
XI.
NONDISCRIMINATION
All Parties shall comply with all existing federal, state, and local laws, rules, policies, or
executive orders, including the Americans with Disabilities Act and State of Arizona
Executive Order 2023-1, to prohibit discrimination based on race, color, sex, pregnancy,
childbirth or medical conditions related to pregnancy or childbirth, political or religious
affiliation or ideas, culture, creed, social origin or condition, genetic information, sexual
orientation, gender identity or expression, national origin, ancestry, age, disability, military
service or veteran status, or marital status by the persons performing the contract or
subcontract.
XII.
NOTICES
The Grantee shall address all notices relative to this Agreement to ADEQ to:
Amanda Luecker, AICP
Associate Transportation Planner
Arizona Department of Environmental Quality
1110 West Washington Street
Phoenix, AZ 85007
Email: Luecker.Amanda@azdeq.gov
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ADEQ shall address all notices relative to this Agreement to:
Maricopa County Air Quality Department
Kristen Weston-Smith
Travel Reduction Program Supervisor
301 W. Jefferson St., Suite 410
Phoenix, Arizona 85003
Email: Kristen.Smith@Maricopa.gov
XIII.
INDEMNIFICATION
Each party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other
party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or
expenses (including reasonable attorney's fees) (hereinafter collectively referred to as
"Claims") arising out of bodily injury of any person (including death) or property damage,
but only to the extent that such Claims which result in vicarious/derivative liability to the
Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the
Indemnitor, its officers, officials, agents, employees, or volunteers. The State of Arizona,
(State Agency) is self-insured per A.R.S. 41-621.
In addition, should the Grantee utilize a contractor(s) and subcontractor(s) the
indemnification clause between the Grantee and its contractor(s) and subcontractor(s) shall
include the following:
To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold
harmless the Grantee and the State of Arizona, and any jurisdiction or agency issuing any
permits for any work arising out of this Agreement, and its departments, agencies, boards,
commissions, universities, officers, officials, agents, and employees (hereinafter referred
to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages,
losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing,
investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or
personal injury (including death), or loss or damage to tangible or intangible property
caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or
omissions of the contractor or any of the directors, officers, agents, or employees or
subcontractors of such contractor. This indemnity includes any claim or amount arising
out of or recovered under the Workers’ Compensation Law or arising out of the failure of
such contractor to conform to any federal, state or local law, statute, ordinance, rule,
regulation or court decree. It is the specific intention of the parties that the Indemnitee shall,
in all instances, except for Claims arising solely from the negligent or willful acts or
omissions of the Indemnitee, be indemnified by such contractor from and against any and
all claims. It is agreed that such contractor will be responsible for primary loss
investigation, defense and judgment costs where this indemnification is applicable.
Additionally, on all applicable insurance policies, contractor and its subcontractors shall
name the State of Arizona, and its departments, agencies, boards, commissions,
universities, officers, officials, agents, and employees as an additional insured and also
include a waiver of subrogation in favor of the State.
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XIV.
SEVERABILITY
In the event that any provision of this Agreement is determined to be void or unenforceable,
such determination shall not affect the remainder of this Agreement, which shall continue
to be in full force and effect.
IN WITNESS WHEREOF, the parties have executed this “Amendment” as of the date set
forth above;
MARICOPA COUNTY, a political subdivision of the State of Arizona
By: _____________________________________________
Chairman, Maricopa County Board of Supervisors
Approved as to Form:
__________________________________________
Deputy County Attorney
STATE OF ARIZONA )
) ss.
County of Maricopa )
On this ____ day of __________, 2024, before me personally appeared
_____________________, the Chairman of Maricopa County Board of Supervisors, for
and on behalf of MARICOPA COUNTY, a political subdivision of the State of Arizona,
whose identity was proven to me on the basis of satisfactory evidence to be the person who
he or she claims to be, and acknowledged that he or she signed the above/attached
document.
ATTEST:
By:
_____________________________________________
Clerk of the Maricopa County Board of Supervisors
__________________________________________
____________________
Daniel Czecholinski
Date
Director, Air Quality Division
Arizona Department of Environmental Quality
Max G. Carpinelli 4/22/2024
I. BACKGROUND
In April 1985, the Center for Law and Public Interest filed suit against the State of Arizona
and Maricopa County for failure to meet the National Ambient Air Quality Standards for
carbon monoxide. The federal court ordered the State of Arizona to write a State
Implementation Plan (SIP) to comply with the standards. In response, the Arizona
Legislature passed the 1988 Air Quality Bill (Arizona Revised Statutes (ARS) §49-581 et
seq.) which mandated a Travel Reduction Program (TRP) for employers and schools in
Maricopa County.
The Maricopa County TRP is included in regional carbon monoxide plans and included as
committed transportation control measures in several ozone and PM10 particulate plans.
The objectives of TRP and the Clean Air Campaign are aligned, as both are rooted in
legislation intended to reduce vehicle miles traveled in Maricopa County, especially travel
by single occupancy vehicles.
The Clean Air Campaign continues as a year-round public relations and education effort
supporting employers in encouraging commuters to use alternative modes of
transportation and educating the public. While the campaign continues to place emphasis
on the winter carbon monoxide season, as required by statute, ozone and particulate issues
are also being addressed through the summer Commit to One Day ozone campaign.
The Maricopa County Air Quality Department (MCAQD) TRP staff administers all aspects of
TRP including conducting all research, planning, coordinating, regulatory, and compliance
assurance aspects of TRP. Employer training, technical assistance, and program promotion
are carried out through a contract with Valley Metro/Commute Solutions under direction of
Maricopa County TRP staff.
II. GOALS and OBJECTIVES
Continue implementation of the TRP pursuant to ARS Title 49, Chapter 3, Article 8 (§49-581
through §49-593), the Regional Voluntary No-Drive Day Campaign pursuant to ARS Title 49,
Chapter 3, Article 3 (§49-506), and the Maricopa County Ordinance Air Pollution Control
Regulations P-7 Travel Reduction Program.
The primary goals of the program are:
• Increase by two percent the “tons of pollution saved” for those commuters using an
alternative mode of travel to travel to their workplace from the level achieved in FY
2024.
• Increase by two percent the number of alternative vehicle miles traveled by TRP
participants from the level achieved in FY 2024.
III. TASKS and ACTIVITIES
Task 1: MCAQD - TRP
• Administer the TRP to major employers within Maricopa County Area A who have 50
or more employees. Pursuant to ARS §49-581(11), a major employer within area A
has 50 employees working at or reporting to a single work site during any 24-hour
period for at least three days per week at least six months of the year.
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• Issue internet/intranet 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 TRP.
• Provide summary analyses to employers participating in TRP regarding their
employee commuting habits based on the employee survey results. With this
information, employers formulate plans that will reduce single occupancy vehicle
trips and/or miles.
• Assist employers in the development of approvable TRP annual plans.
• Submit completed annual plans to the Maricopa County TRP Regional Task Force
for approval.
• Review and monitor employer TRP annual plans.
• Administer the county’s year-round Clean Air Campaign to encourage weekly use of
travel reduction solutions. Implement marketing, advertising, and initiatives to create
awareness and encourage the increased use of alternative modes and work
schedules in coordination with the TRP.
• Negotiate a sub award agreement with Valley Metro/Commute Solutions to assist
MCAQD in providing TRP training, program promotions, plan implementation
assistance, and promotion of alternative transportation modes and strategies.
Task 2: Subcontractor – TRP Training and Assistance
• Promote the use of alternative modes by developing promotional kits for employers
and associated collateral pieces under direction of the county up to four times per
year.
• Provide technical assistance to TRP employers in achieving the prescribed
reductions in single occupancy vehicle trips or single occupancy vehicle miles
traveled through one-on-one assistance, webinars, e-newsletters, and in-person
training.
• Provide online training to TRP transportation coordinators on the requirements of
the law including the survey process, plans and associated documentation, types of
alternative modes, and travel reduction strategies. Revise training as necessary to
address program changes.
• Assist employers in achieving at least the minimum response rate for the TRP
annual survey.
• Assist employers in implementation of approved TRP annual plans, including
attending employer events, lunch and learns, reviewing any promotional materials to
ensure content provides enough guidance to employees, courtesy visits to answer
questions, and providing best practices.
• Assist MCAQD in encouraging weekly use of travel reduction strategies through
integrated campaigns which may include print materials, public and media relations
campaigns, and events.
• Establish Transportation Management Associations in Maricopa County to
customize assistance for employers and offer increased collaborative opportunities
at no expense to members.
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IV. 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, and
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.
o A table to display the annual TRP SOVMT, SOV and AMU Rates by Trips
including SOVMT %, SOV %, Carpool %, Bus %, Bike %, Walk %, Telework %,
Other %, and Total AMU%.
o A summary of program participation levels for employer count, survey site
count, and employee/student count information.
o A summary evaluation of pollution/emissions prevented associated with
program operations as estimated using the regional miles per pound of
pollution factor supplied annually by the Maricopa Association of
Governments.
•
Measure 1: Increase by two percent the "tons of pollution saved" for
those commuters using an alternative mode of travel to get to their
workplace from the level achieved in FY 2024.
o A summary of changes in SOV/SOVMT rates, employee/student survey
response rates, and alternative mode participation rates for the program in
total.
•
Measure 2: Increase by two percent the number of alternative vehicle
miles traveled by program participants from the level achieved in FY
2024.
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, 2025, MCAQD will submit a proposed scope of work and budget request for
the FY 2026 grant cycle.
V. SCHEDULE FOR SUBMISSION OF DELIVERABLES
Deliverable
Date of Submittal
Monthly Reports and Invoices
30 days following the last day of previous
month
Annual Report
105 days within the close of the FY
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VI. BUDGET
Task 1: MCAQD TRP expenses shall not exceed $697,692.
Task 2: Subcontractor - RPTA/Valley Metro expenses shall not exceed $175,000.
TASK 1: CONTRACTOR - MCAQD/TRP (TRP ADEQ)
Period: July 1, 2024 - June 30, 2025
Program
Personnel
Hourly Rate
Operations
Total Cost
Carolina Rosario
$25.90
1,044.00
$27,040.00
Community Services Assistant
$19.72
-
$0.00
Gregory Moeller
$31.23
1,044.00
$32,604.00
Jess Farrer
$27.19
1,044.00
$28,386.00
Kate Geisenhaver
$21.12
1,044.00
$22,049.00
Kristen Weston-Smith
$44.30
1,044.00
$46,249.00
Logan Peiman
$27.19
1,044.00
$28,386.00
Lucette Ramirez
$47.22
522.00
$24,649.00
Melysa Lewis
$25.90
1,044.00
$27,040.00
Michael Joslin
$35.02
336.00
$11,767.00
Michele Wheatley
$23.45
1,044.00
$24,482.00
Morgan Wohlbrandt
$25.00
1,044.00
$26,100.00
Sheila Starr
$28.12
1,044.00
$29,357.00
TRP Intern
$15.00
-
$0.00
Total Hourly Cost
$328,109.00
Total Hours
11,298.00
Fringe Benefit
42.81%
$140,448.00
Total Labor with Fringe
$468,557.00
REIMBURSABLE EXPENSES
Total Cost
Marketing/Advertising Clean Air Campaign
$13,000.00
$13,000.00
Supplies (General and Non-Capital Equipment)
and Services (Rent, Conferences/Trainings,
Telecom, Printing, Mileage)
$33,953.00
$33,953.00
Total Reimbursable Expenses
$46,953.00
$46,953.00
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TASK 2: SUBCONTRACTOR - RPTA/Valley Metro TRASUB
Period: July 1, 2024 - June 30, 2025
Training &
Personnel
Hourly Rate
Assistance
Total Cost
Day, Suzanne
$42.37
360.13
$15,258.71
Duarte, Lillian
$47.98
360.13
$17,279.04
Nordman, Suesan
$32.03
360.13
$11,534.96
Williams, Abigail
$59.44
270.10
$16,054.74
Subtotal
$60,127.45
Total Hours
1,350.49
Total Hourly Subcontractors Cost
$60,127.45
Fringe Benefit
61.75%
$37,128.70
Overhead
70.00%
$18,038.24
Consultant (Other)
$1,500.00
Consultant (Marketing/Graphics)
$30,000.00
Reimbursable Expense (Meetings & Mileage)
$5,205.61
Reimbursable Expense (Postage/Print/Misc.)
$23,000.00
Total Subcontractor Expenses
$175,000.00
GRAND TOTAL COSTS BY TASK
TASK 1
TASK 2
Period: July 1, 2024 - June 30, 2025
MCAQD/TRP
TRASUB
TOTAL
Total Labor with Fringe
$468,557.00
$468,557.00
Reimbursable Expenses
$46,953.00
$46,953.00
Overhead
35.34%
$182,182.00
$182,182.00
Subcontractor (RPTA/Valley Metro)
$175,000.00
$175,000.00
TOTALS:
$697,692.00
$175,000.00
$872,692.00