Vote: approved

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A-3. AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) FUNDING Authorize the application and acceptance of not-to-exceed $5,950,757 in federal funds (federal-aid highway funding) awarded to the Maricopa County Department of Transportation (MCDOT) through the American Recovery and Reinvestment Act of 2009, as approved by the Maricopa Association of Governments (MAG) and as authorized by the Arizona Department of Transportation (ADOT) and the Federal Highway Administration (FHWA). MCDOT will submit budget requests/adjustments to the Board of Supervisors as specific project and funding designations are made. Indirect costs, if applicable, will be included in the specific project and funding designation requests. Authorize the use of $5,950,757 to fund one or more of the transportation projects included on the attached list (Attachment 1). On March 10, 2009, funds from the American Recovery and Reinvestment Act of 2009 were awarded to Arizona for eligible transportation projects. A portion of the state’s funding is being sub-allocated to local governments via ADOT and Metropolitan Planning Organizations (MPOs). Accordingly, Maricopa County ’s portion of the transportation funds is being awarded through the Maricopa Association of Governments (MAG). According to MAG, the total amount sub-allocated to the MAG region will be $104.6 million. In its March 25 meeting, the MAG Regional Council approved a formula that will distribute the funding to all MAG member agencies as follows: Each jurisdiction will receive a minimum allocation of $500,000, and the balance of the funding will be distributed proportionally based on population. Under this scenario, Maricopa County will receive $5,950,757. Local matching of the Recovery Act funds is not a requirement for receiving this funding. (These funds can be used for up to 100% of project costs, on a reimbursable basis.) These Recovery Act funds must be obligated by March 2, 2010 (within one year of apportionment of the funds), or the funding will be reallocated to other jurisdictions. In order to ensure that regional funding is not lost to other jurisdictions, an earlier regional deadline for obligation of funds has been set by MAG for November 30, 2009. The administrative tasks associated with the federal-aid process can be lengthy and extensive, so time is of the essence. It is critical that MCDOT is prepared to begin that administrative process immediately upon notice of project approval from MAG and ADOT. In anticipation of this Recovery Act funding opportunity, MCDOT submitted the projects on the attached list to MAG for pre-screening to determine eligibility. The MCDOT projects on this list have now been pre-qualified by MAG as projects eligible for Recovery Act funding. MAG has indicated that agencies will need to submit their official lists of projects to MAG by April 3, 2009. The attached list includes approximately $16 million in potential projects, and MCDOT is seeking approval to utilize its $5,950,757 in Recovery Act funds toward funding projects from that list. MCDOT will submit additional budget adjustments to the Board of Supervisors as specific project and funding designations are made. Authorization from the Board of Supervisors in anticipation of the final selection of specific projects from the list will increase MCDOT’s ability to proceed efficiently and will expedite the use of the funds for the benefit of the County. Supervisory Districts: All (C-91-09-143-G-00)

Vote: approved

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47. IGA WITH THE STATE OF ARIZONA REGARDING AMERICAN RECOVERY AND REINVESTMENT ACT FUNDS FOR A COUNTYWIDE PAVEMENT PRESERVATION PROJECT Approve an intergovernmental agreement (IGA) with the State of Arizona, by and through the Arizona Department of Transportation, and Maricopa County through its Department of Transportation (MCDOT), regarding the acquisition and distribution of federal American Recovery and Reinvestment Act of 2009 (ARRA) funds for the use and benefit of Maricopa County for pavement preservation projects throughout Maricopa County. The IGA will be in effect from the date of recording by the Secretary of State and will remain in effect until the terms of the IGA are satisfied. Amend the list of potential locations for MCDOT pavement preservation projects to be funded by ARRA funds approved by the Board of Supervisors on April 1, 2009 (item C-91-09-143-G-00) by adding sections of Fort McDowell Road, Mohave Road and Yavapai Road to the list, as described in Attachment A. The revised estimated total project cost is $6,480,000. The ARRA funds are established at the capped amount of $6,469,193, and the balance of $10,807 is to be funded with County Highway User Revenue Funds (HURF). Authorize the acceptance and expenditure of additional ARRA funding if it becomes available and allocated by MAG to MCDOT for this project. Approve the addition of Project Number T322, Asphalt Rubber Overlay ARRA, to the FY 2009-10 Pavement Preservation (PAVE) capital project bin in the Public Works Department (910) Transportation Capital Projects Fund (234). Approve MCDOT’s application to the Maricopa Association of Governments (MAG) for, and the receipt of, an additional $518,436 in ARRA federal-aid highway funding to be used for pavement preservation projects, resulting in a maximum total amount of $6,469,193 in ARRA funding to be used for pavement preservation projects throughout Maricopa County. The Department of Transportation’s indirect rate for FY 2009-10 is 19.7%. The total grant amount is for capital expenditures which are not subject to indirect cost recovery. The grant period begins on the date that the IGA is executed by the Secretary of State and continues through completion of the project. Specifically, with the intention of utilizing the additional $518,436 (if reprogrammed by MAG) for the joint benefit of Maricopa County and Fort McDowell, MCDOT would utilize a portion of its total ARRA funding for pavement preservation on one or more of the following roads within Fort McDowell’s jurisdiction: Fort McDowell Road, Mohave Road and Yavapai Road. If this ARRA pavement preservation work in Fort McDowell Yavapai Nation does not require using the entire $518,436, the remaining portion of those funds would be used for other MCDOT ARRA pavement preservation projects, and an equivalent amount of local MCDOT’s HURF funding would be used to complete other non-ARRA transportation projects located in Fort McDowell’s jurisdiction. The revised estimated total project cost is $6,480,000. The ARRA funds are established at the capped amount of $6,469,193, and the balance of $10,807 is to be funded with County funds. The balance of $10,807 that is required to complete the funding requirement for the Asphalt Rubber Overlay ARRA project is budgeted in the Transportation Capital Projects Fund (234), Pavement Preservation (PAVE) project bin reserve. Supervisory Districts, 1, 2, 3, 4, and 5 (C-91-10-004-M-00)