FFY2024 MCAQDTRP RPTAVM AGREEMENT_08.16.2023_MCAO SIGNED.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:
$346,000
4.
Purpose:
Travel Reduction Services
5.
CFDA:
20.205
6.
Contractor FEI/SSN:
86-0557533
7.
Start Date:
October 1, 2023
8.
Expiration Date:
September 30, 2024
This Agreement is entered into by and between Regional Public Transportation Authority, referred to as RPTA/Valley Metro or
Contractor, and Maricopa County by and through its Air Quality Department referred to as the Department or Maricopa County.
The Contractor, for and in consideration of the covenants and conditions set forth, 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 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. 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
301 W. Jefferson St., Suite 410, Phoenix AZ 85003
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 Jessica Mefford-Miller, Chief Executive Officer
Date:
______________________________________
Date:
________________________________________
Attest: ______________________________________
Attest: ________________________________________
Date:
______________________________________
Date:
________________________________________
Section I – General Provisions
2
Signature: ____________________________________
Signature: ______________________________________
Max Carpinelli, Deputy County Attorney
Regional Public Transportation Authority,
General Counsel
Date:
______________________________________
Date:
________________________________________
1.
RECITALS
A.
The County is empowered by Arizona Revised Statutes sections 11-951
through 11-954 to enter into this Agreement.
B.
The RPTA 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 conflict with the General Provisions, the
Special Provisions shall control. To the extent that the Work Statement(s) and the
Special or General Provisions 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.
B.
Contractor means the person, firm, or organization listed on the Cover Page
of this Agreement.
C.
Director means the Director of 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 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.
Pursuant to A.R.S. §11-952, the Maricopa County
Attorney’s
Office
has
determined
that
this
Intergovernmental Agreement is within the powers and
authority granted under the laws of the State of Arizona.
Pursuant to A.R.S. §11-952, counsel for the Contractor has
determined that this Intergovernmental Agreement is
within the powers and authority granted under the laws of
the State of Arizona.
August 18, 2023
Section I – General Provisions
3
4.
GENERAL REQUIREMENTS
A.
The terms of this Agreement shall be construed in accordance with Arizona
law; any action arising out of this Agreement 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 years after final payment or until after the
resolution of any audit questions which could be more than five 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 all 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
adequately supported and documented.
Section I – General Provisions
4
9.
AUDIT DISALLOWANCES
A.
The Contractor shall, upon written notice, 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.
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 immediately
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 are 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 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 its grantor agencies at
any time during the Contractor's normal business hours, announced or
unannounced. The Contractor shall make available for inspection and copying by
the Department's monitors, all records and accounts relating to the work performed
Section I – General Provisions
5
or the services provided under this Agreement, or for similar work and service
provided under other grants and agreements.
12.
CONTINGENCY RELATING TO OTHER AGREEMENTS, CONTRACTS, AND 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
where the award of such agreement or grant may affect either the direct or
indirect costs being paid or 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
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.
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 90 days’ notice
in writing to the other party. 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.
Section I – General Provisions
6
C.
The Department has the right to terminate this Agreement upon 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 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.
E.
This contract is subject to cancellation pursuant to A.R.S. § 38-511.
15.
SEVERABILITY
Any provision of this Agreement that is determined to be invalid, void, or illegal shall
in no way affect, impair, or invalidate any remaining provision, and all 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 of this Agreement 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, including its officers and employees, from and against any and all
claims, damages, suits, and proceedings, from liability, punitive damages, cost, or
expense of every type (including reasonable attorney's fees), arising out of or related
to this Agreement, but only to the extent that such claims are caused by an act or
omission of the indemnitor or any of its officers, employees, agents, or
subcontractors. Each party shall include a similar indemnity clause in all
subcontracts to the benefit of the other party.
Section I – General Provisions
7
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.
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 (including consultants) will
comply with the laws and regulations regarding 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 incorporated by reference and made a part of this
Agreement.
B.
Non-discrimination: The Contractor, with regard to the work performance by
it for the duration of 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.
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 laws and regulations regarding
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 laws, regulations, and directives and will permit
access to its books, records, accounts, other sources of information, and its
Section I – General Provisions
8
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 laws, 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 Department,
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, the Department will
impose such sanctions as it or the Federal Highway Administration, Arizona
Department of Transportation, or Maricopa 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 the 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);
Section I – General Provisions
9
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-
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 discrimination based on 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 Section 21 in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the
Section I – General Provisions
10
laws, the regulations, or directives. The Contractor will act with respect to any
subcontract or procurement as the Department, 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 the Department to enter any litigation to protect the interests of the
Department. In addition, the Contractor may request the United States to
enter 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 needs the services
identified may utilize them.
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 agreed to be provided.
B.
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 2 CFR 180, 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
Section I – General Provisions
11
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
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.
Section I – General Provisions
12
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
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).
Section II – Special Provisions
____________________________________________________________________________________
13
1.
EFFECT
To the extent that the Special Provisions conflict with the General Provisions, the
Special Provisions shall control. To the extent that the Work Statement(s) and the
Special or General Provisions 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 out of this Agreement that is not resolved between the
parties within 30 days shall be resolved as follows:
1.
The TRP Supervisor of the County shall reduce their decision to writing
and provide 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 Supervisor,
the Contractor shall submit a written appeal to the Director. The
Contractor must file its written appeal within seven business days
following receipt of the TRP Supervisor's original decision. The
Director shall provide the Contractor with a written response to the
appeal within 14 business 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.
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 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.
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
Section II – Special Provisions
____________________________________________________________________________________
14
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 that 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 as required by Arizona law.
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 30 days before
such action takes place.
Section III – Work Statement
____________________________________________________________________________________
15
TRAVEL REDUCTION PROGRAM SERVICES
October 1, 2023 – September 30, 2024
1.
DEFINITIONS
A.
MAJOR EMPLOYER means a sole proprietor, partnership, corporation,
unincorporated association, cooperative, joint venture, agency, department,
school, district, or other individual or entity, public or private, subject to the
applicability provisions in Maricopa County Ordinance Air Pollution Control
Regulations P-7 Travel Reduction Program, section 1(B).
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 (TRP) refers to the Maricopa County Travel
Reduction Program, 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 (PLAN) is 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.
Section III – Work Statement
____________________________________________________________________________________
16
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.
3.
UNIT OF SERVICE DEFINITION
One calendar month of service delivery. (Monthly service periods: October 1, 2023,
to September 30, 2024)
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 business 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 five business 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.
Section III – Work Statement
____________________________________________________________________________________
17
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
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.
Section III – Work Statement
____________________________________________________________________________________
18
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 should be provided in electronic form, with
employers opting in for paper versions.
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. Provide training
through a learning management system as well as informational videos.
C.
Form and facilitate TC workshops and webinars.
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 electronic and
print materials, paid advertising, public relations, and events.
F.
Design and implement additional enhancements for the ShareTheRide.com
Transportation Demand Management (TDM) platform to support TC’s plan
tracking and record keeping. Continue promotion of online contests that
encourage commuters to register with the online matching system.
Implement up to three employer challenge contests per year.
G.
Facilitate up to two Transportation Coordinator Associations to collaborate
and share best practices in TDM, office-based and 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.
Section III – Work Statement
____________________________________________________________________________________
19
7.
ANNUAL GOALS
A.
Maintain the number of technical assistance contacts as compared with the
FY23 estimated actual.
B.
Maintain participation in TRP training when compared with FY23 estimated
actual.
C.
Maintain TC webinar participation when compared to FY23 estimated actual.
FY23 Goal
FY23
Estimated Actual
FY24
Goal
Online Meetings
22
22
22
Attendees
1,200
1,300
1,200
FY23 Goal
FY23
Estimated Actual
FY24
Goal
Phone
875
1,001
900
Meetings
75
123
85
Mail
500
350
350
Emails
11,000
21,401
12,000
Total Contacts
12,450
22,835
13,590
FY23 Goal
FY23 Estimated
Actual
FY24 Goal
Intro to TRP (online)
320
390
350
How to Conduct a TRP
Annual Survey (online)
160
230
175
How to Implement and
Document a TRP
Annual Plan (online)
100
210
125
Travel Reduction
Program Overview
Video - The TRP Cycle
100
300
125
Section III – Work Statement
____________________________________________________________________________________
20
8.
REPORTING
A.
Submit an overview of the vision and planning for the FY25 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 FY25 grant cycle, due June 30, 2024.
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,
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 should be provided in electronic form, with employers
opting in for paper versions.
Work Accomplished:
Employer Phone
Contacts
Employer Meetings
Sub-total
Additional contacts
Email
Mail
Section III – Work Statement
____________________________________________________________________________________
21
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
reduction strategies. Design and provide additional training to be delivered
via video shorts.
• 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
Section III – Work Statement
____________________________________________________________________________________
22
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 ShareTheRide.com TDM platform to support TCs’
travel reduction plan tracking and record keeping. Continue promotion of
online contests that encourage commuters to register with the online
matching system. Implement up to three employer challenge contests per
year.
• Work Accomplished
• Meetings/Events Held
• Problems Encountered
• Reports or Data Produced
Task 2.6 – TMA TC Groups - Facilitate existing two 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 FY25 program cycle by June 30, 2024.
Section III – Work Statement
____________________________________________________________________________________
23
D.
Negotiate Intergovernmental Agreement with Maricopa County TRP and the
RPTA by September 30, 2024.
E.
Submit Draft Annual TRP Report by November 1, 2024.
F.
Submit Final Annual TRP Report by November 15, 2024.
Section IV – Compensation
____________________________________________________________________________________
24
Maricopa County Travel Reduction Program
TRP Subcontractor FY2024 Budget
RPTA / Valley Metro
October 1, 2023 to September 30, 2024
MAG TRP/Expansion – MAGTRP (TRMSub)
RPTA
– 3220
Subcontractor (RPT/Valley Metro QL22 Commute
Solutions
Hours by Personnel & Task
Raw Direct Labor
Task 2
Personnel
Hourly Rate
Training &
Assistance
Total
Hours
Williams
Abigail C.
$59.44
450.16
450.16
$26,757.51
Day
Suzanne
$42.37
540.20
540.20
$22,888.27
Duarte
Lillian
$47.98
540.20
540.20
$25,918.80
Bayless
JoAnna
$23.79
720.26
720.26
$17,134.99
Nordman
Suesan
$32.03
540.20
540.20
$17,302.61
Fettig
Annette
$36.49
900.33
900.33
$32,853.04
Total Productive Hours
3691.35
3,691.35
Total Hourly Subcontractors Cost
$142,855.22
Fringe (61.75%)
61.75%
$88,213.10
Overhead (30.00%)
30.00%
$42,856.57
Reimbursable Expenses (Postage)
$7,500.00
Reimbursable Expenses (Printing)
$2,575.11
Reimbursable Expenses (Promotional)
$6,500.00
Reimbursable Expenses (Meetings/Mileage/Translations/Mail House)
$5,500.00
Reimbursable Expenses (Subcontractor Marketing/Advertising)
$27,000.00
Reimbursable Expenses (Subcontractor - Other)
$23,000.00
Total Subcontractor
Expenses
$346,000.00