05.26.23-TO MCDOH REVIEW-23-0009133-DIST C-MCDOH-T043001X-PDF.PDF

Maricopa County — Formal (2023-03-01)

Extracted text (via pymupdf) 18998 characters

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ADOT CAR No.: IGA 23-0009133-I
AG Contract No.: P0012023000875
Project Location/Name: Ironwood,
Mountain View & Toscano Elementary
Type of Work: SRTS Support Activities
Federal‐aid No.: MMA-0(293) D
ADOT Project No.: T043001X
TIP/STIP No.: MMA24-070, MMA24-071
CFDA No.:
Budget Source Item No.: HSIP

INTERGOVERNMENTAL AGREEMENT

BETWEEN
THE STATE OF ARIZONA
AND
THE MARICOPA COUNTY DEPARTMENT OF PUBLIC HEALTH

THIS AGREEMENT is entered into this date ________________________________, pursuant to the Arizona
Revised Statutes §§ 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting
by and through its DEPARTMENT OF TRANSPORTATION (the “State” or “ADOT”) and the
MARICOPA COUNTY DEPARTMENT OF HEALTH, acting by and through its BOARD OF
SUPERVISORS (the “County”). The State and the County are each individually referred to as a
“Party” and are collectively referred to as the “Parties”.

I.
RECITALS

1. The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement
and has delegated to the undersigned the authority to execute this Agreement on behalf of
the State.

2. The County is empowered by A.R.S. § 11-251 to enter into this Agreement and has by
resolution, if required, a copy of which is attached and made a part of, resolved to enter into
this Agreement and has authorized the undersigned to execute this Agreement on behalf of
the County.

3. The Safe Routes to School Program (SRTS) was established in August 2005 as part of
SAFETEA-LU, Section 1404 of this legislation provides funding (for the first time) for State
Departments of Transportation to create and administer SRTS programs. This is a one-
school-year non-infrastructure project in which the recipient has eighteen (18) to twenty-
four (24) months to expend the funds, unless otherwise specified. The State and the County
have identified programs within the County as eligible for this funding.

4. The purpose of this Agreement between the State and the County is to allow the State to
acquire federal funds for the implementation of various educational safety programs, the
“Project”. The Project will procure Pedestrian safety and bike safety classes, walk to school
days, bike rodeos, and bicycle helmets. The County will procure supplies or services
following the State procurement process or utilizing an established ADOT procurement
contract. The Project cost, as shown in Exhibit A, is estimated at $49,998.00, per fiscal year

IGA 23-0009133

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(FY) for two years (FY 2023 and FY 2024) which includes $47,148.00 of federal aid and
$2,850.00 of the County’s match. The County will be reimbursed an amount not to exceed
$47,148.00 per FY, for eligible costs incurred as detailed below.

5. The interest of the State in this Project is the acquisition of federal funds for the use and
benefit of the County and authorization of such federal funds for the Project pursuant to
federal law and regulations. The State shall be the designated agent for the County for the
Project if the Project is approved by FHWA and funds for the Project are available.

In consideration of the mutual terms expressed herein, the Parties agree as follows:

II. SCOPE OF WORK

1. The State will:

a. Execute this Agreement, and if the Project is approved by FHWA and funds for the
Project are available, be the County’s designated agent for the Project.

b. Review and approve the SRTS application submitted by the County. Verify the County
demonstrates the ability to meet the SRTS requirements.

c. After funding is authorized, send a Notice to Proceed (“NTP”) letter and coordinate with
the County.

d. Within 30 days of receipt, review, and approval of invoice(s) and documentation of
payment for the Project, reimburse the County for eligible costs incurred not to exceed
$47,148.00, per FY as shown in Exhibit A. Any costs incurred prior to the date of the
official SRTS NTP will not be eligible for reimbursement.

e. Continuously evaluate the County’s program based on the regular submittal of
evaluation data and the number of participating students. Should either of these not be
met, the State maintains the right to discontinue the award.

2. The County will:

a. Designate the State as the County’s authorized agent for the Project.

b. After receipt of the (“NTP”), begin SRTS Program and activities.

c. Make all payments directly to the vendor(s) and be responsible for all costs incurred for
the Project subject to reimbursement by the State as provided herein.

d. Within 30 days of payment to a vendor, not less than quarterly, complete and submit an
invoice on ADOT’s Progress Payment Report (Exhibit B), attached and made a part of
this Agreement, including all back-up documentation, to the State for review and
approval, of eligible costs incurred for the Project not to exceed $47,148.00 per FY. Any
costs incurred prior to the date of the official SRTS NTP will not be eligible for
reimbursement.

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e. Communicate regularly with the ADOT Program Coordinator, based within ADOT’s
Local Public Agency (LPA) Section.

f.
Twice a year, once during the fall school semester and once during the spring school
semester, conduct surveys of participating classes by using the “Student Travel Tally”
sheet. Obtain this form by using the “Data Central” tab and then “Data Collection Forms”
from the National Center for Safe Routes to School (NCSRTS) on-line website at
(www.saferoutesinfo.org). Complete one form for each participating class. Then, enter
this data into the NCSRTS database by first creating an account at
www.saferoutesdata.org and following the instructions.

g. Submit the cover/front page of the NCSRTS output as verification of surveys and the
page entitled “Evaluation - Semi-Annual Data” as documentation for reimbursements to
be processed to the ADOT Program Coordinator.

h. On a semi-annual basis, along with the reimbursement request and data verification,
submit a report, no more than one page in length, of the County’s program’s progress.

i.
Use the funds in a timely manner. The ADOT Program Coordinator has the right to
discontinue reimbursements if sufficient progress has not been made.

j.
At Project completion, before the final reimbursement request is submitted, complete
and submit the Project Close-Out Evaluation Form.

3. The Parties understand and agree:

a. That should the County fail to provide the submittal of evaluation data and the number
of participating students on a regular basis, ADOT maintains the right to discontinue the
Project award.

III. MISCELLANEOUS PROVISIONS

1. Effective Date. This Agreement shall become effective upon signing and dating of all Parties.

2. Amendments. Any change or modification to this Agreement will only occur with the mutual
written consent of both Parties.

3. Duration. The terms, conditions and provisions of this Agreement shall remain in full force
and effect until completion of the Project and all related deposits and/or reimbursements
are made.

4. Cancellation. This Agreement may be cancelled at any time, so long as the cancelling Party
provides at least 30 days’ prior written notice to the other Party. It is understood and
agreed that, in the event the Local Agency terminates this Agreement, the Local Agency shall
be responsible for all costs incurred by the State up to the time of termination. It is further
understood and agreed that in the event the Local Agency terminates this Agreement, the
State shall in no way be obligated to complete or maintain the Project.

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5. Indemnification. The Local Agency shall indemnify, defend, and hold harmless the State, any
of its departments, agencies, boards, commissions, officers or employees (collectively
referred to in this paragraph as the “State”) from any and all claims, demands, suits, actions,
proceedings, loss, cost and damages of every kind and description, including reasonable
attorneys' fees and/or litigation expenses (collectively referred to in this paragraph as the
“Claims”), which may be brought or made against or incurred by the State on account of loss
of or damage to any property or for injuries to or death of any person, to the extent caused
by, arising out of, or contributed to, by reasons of any alleged act, omission, professional
error, fault, mistake, or negligence of the Local Agency, its employees, officers, directors,
agents, representatives, or contractors, their employees, agents, or representatives in
connection with or incident to the performance of this Agreement. The Local Agency’s
obligations under this paragraph shall not extend to any Claims to the extent caused by the
negligence of the State, except the obligation does apply to any negligence of the Local
Agency which may be legally imputed to the State by virtue of the State’s ownership or
possession of land. The Local Agency’s obligations under this paragraph shall survive the
termination of this Agreement.

6. Programmed Federal Funds. The cost of the Project under this Agreement is to be covered
by the federal funds programmed for this Project, up to the maximum available. The Local
Agency acknowledges that actual Project costs may exceed the maximum available amount
of federal funds, or that certain costs may not be accepted by FHWA as eligible for federal
funds. Therefore, the Local Agency agrees to pay the difference between actual costs of the
Project and the federal funds received.

7. Termination of Federal Funding. Should the federal funding related to this Project be
terminated or reduced by the federal government, or Congress rescinds, fails to renew, or
otherwise reduces apportionments or obligation authority, the State shall in no way be
obligated for funding or liable for any past, current, or future expenses under this
Agreement.

8. Indirect Costs. The cost of the Project under this Agreement includes indirect costs
approved by FHWA, as applicable.

9. Federal Funding Accountability and Transparency Act. The Parties warrant compliance with
the Federal Funding Accountability and Transparency Act of 2006 and associated 2008
Amendments (the “Act”). Additionally, in a timely manner, the Local Agency will provide
information that is requested by the State to enable the State to comply with the
requirements of the Act, as may be applicable.

10. Single Audit. The Local Agency acknowledges compliance with federal laws and regulations
and may be subject to the CODE OF FEDERAL REGULATIONS, TITLE 2, PART 200 (also
known as The Uniform Grant Guidance). Entities that expend $750,000.00 or more (on or
after 12/26/14) of federal assistance (federal funds, federal grants, or federal awards) are
required to comply by having an independent audit in accordance with §200.331 Subpart F.
Either an electronic or hardcopy of the Single Audit is to be sent to Arizona Department of
Transportation Financial Management Services within the required deadline of nine months
of the sub recipient fiscal year end.
ADOT – FMS
Attn: Cost Accounting Administrator
206 S 17th Ave. Mail Drop 204B

IGA 23-0009133

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Phoenix, AZ 85007
SingleAudit@azdot.gov

11. Governing Law. This Agreement shall be governed by and construed in accordance with
Arizona laws.

12. Conflicts of Interest. This Agreement may be cancelled in accordance with A.R.S. § 38-511.

13. Inspection and Audit. The Local Agency shall retain all books, accounts, reports, files, and
other records relating to this Agreement which shall be subject at all reasonable times to
inspection and audit by the State for five years after completion of the Project. Such records
shall be produced by the Local Agency, electronically or at the State office as set forth in this
Agreement, at the request of ADOT.

14. Title VI. The Local Agency acknowledges and will comply with Title VI of the Civil Rights Act
Of 1964.

15. Non-Discrimination. This Agreement is subject to all applicable provisions of the Americans
with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal
regulations under the Act, including 28 CFR Parts 35 and 36. The Parties to this Agreement
shall comply with Executive Order Number 2009-09, as amended by Executive Order 2023-
01, issued by the Governor of the State of Arizona, and incorporated in this Agreement by
reference regarding “Non-Discrimination.”

16. Non-Availability of Funds. Every obligation of the State under this Agreement is conditioned
upon the availability of funds appropriated or allocated for the fulfillment of such
obligations. If funds are not allocated and available for the continuance of this Agreement,
this Agreement may be terminated by the State at the end of the period for which the funds
are available. No liability shall accrue to the State in the event this provision is exercised,
and the State shall not be obligated or liable for any future payments as a result of
termination under this paragraph.

17. Arbitration. In the event of any controversy, which may arise out of this Agreement, the
Parties agree to abide by arbitration as is set forth for public works contracts if required by
A.R.S. § 12-1518.

18. E-Verify. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401.

19. Contractor Certifications. The Local Agency shall certify that all contractors comply with the
applicable requirements of A.R.S. §§ 35-393.01 and 35-394.

20. Other Applicable Laws. The Parties shall comply with all applicable laws, rules, regulations,
and ordinances, as may be amended.

21. Notices. All notices or demands upon any Party to this Agreement shall be in writing and
shall be delivered electronically, in person, or sent by mail, addressed as follows:

For Agreement Administration:
Arizona Department of Transportation
Joint Project Agreement Group

Maricopa County Department of Public Health
Attn: Julie Scholer

IGA 23-0009133

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205 S. 17th Avenue, Mail Drop 637E
Phoenix, AZ 85007
JPABranch@azdot.gov

For Project Administration:
Arizona Department of Transportation
Project Management Group
205 S. 17th Avenue, Mail Drop 614E
Phoenix, AZ 85007
PMG@azdot.gov

For Financial Administration:
Arizona Department of Transportation
Project Management Group
205 S. 17th Avenue, Mail Drop 614E
Phoenix, AZ 85007
PMG@azdot.gov

4041 N. Central Ave., Ste. 1400
Phoenix, AZ 85012
602.478.6668
Julie.scholer@maricopa.gov

Maricopa County Department of Public Health
Attn: Julie Scholer
4041 N. Central Ave., Ste. 1400
Phoenix, AZ 85012
602.478.6668
Julie.scholer@maricopa.gov

22. Revisions to Contacts. Any revisions to the names and addresses above may be updated
administratively by either Party and shall be in writing.

23. Legal Counsel Approval. In accordance with A.R.S. § 11-952 (D), the written determination
of each Party’s legal counsel providing that the Parties are authorized under the laws of this
State to enter into this Agreement and that the Agreement is in proper form is set forth
below.

24. Electronic Signatures. This Agreement may be signed in an electronic format using
DocuSign.

Remainder of this page is intentionally left blank

(Signatures begin on the next page)

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IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective upon the full
completion of signing and dating by all Parties to this Agreement.

By ________________________________________Date_____________________
Clint Hickman, Chairman

ATTEST:

By ________________________________________Date_____________________
Juanita Garza, Clerk of the Board

I have reviewed the above referenced Intergovernmental Agreement between the State of
Arizona, acting by and through its Department of Transportation, and the Maricopa County
Department of Public Health, an agreement among public agencies which, has been reviewed
pursuant to A.R.S. §§ 11-951 through 11-954 and A.R.S. § 11-251 and declare this Agreement to
be in proper form and within the powers and authority granted to the County under the laws
of the State of Arizona.

No opinion is expressed as to the authority of the State to enter into this Agreement. Approved
as to Form:

By ________________________________________Date_____________________
County Attorney

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ARIZONA DEPARTMENT OF TRANSPORTATION

By ________________________________________Date_____________________
STEVE BOSCHEN, PE
Infrastructure Delivery and Operations Division
Division Director

A.G. Contract No. P0012023000875 (ADOT IGA 23-0009133-I), an Agreement between public
agencies, the State of Arizona, and the Maricopa County Department of Public Health, has been
reviewed pursuant to A.R.S. §§ 11-951 through 11-954 and A.R.S. § 28-401, by the undersigned
Assistant Attorney General who has determined that it is in the proper form and is within the
powers and authority granted to the State of Arizona. No opinion is expressed as to the
authority of the remaining Parties, other than the State or its agencies, to enter into said
Agreement.

By _______________________________________________Date_____________________
Assistant Attorney General

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EXHIBIT A

Cost Estimate Per Fiscal Year

T0430 01X

The Project costs are estimated as follows:

Procurement:

Federal-aid funds @ 94.3%
$47,148.00
Local Agency’s match @ 5.7%
$ 2,850.00

Estimated TOTAL Project Cost
$49,998.00

EXHIBIT B
IGA 23-0009133-I
PROGRESS
FINAL
Name of Vendor
4041 N. Central Ave., Ste. 1400
Phoenix, AZ 85012
Date Started :
% Billed
% Complete
Items
CONTRACT
AMOUNT
Previous
Accumulative
Amount
Current
Month
Accumulative
Amount
PER IGA 23‐0009133‐I
See Attached
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Submitted By:
Date:
Approved By:
Date:
ADOT Project Manager
Contract Payables/JPA-PR-FORMAT 8/21/17
ADOT PO #
Item No.
Report No.
DESCRIPTION Hours
ARIZONA DEPARTMENT OF TRANSPORTATION
PROGRESS PAYMENT REPORT
Estimated Completion Date:
23‐0009133
IGA
Federal-aid No.
Name of Project
REMIT PAYMENT TO:
The Maricopa County Department of Public Health
T043001X
Ironwood, Mountain View & Tuscano Elementary
MMA-0(293)D
ADOT Project No.
SUMMARY OF WORK FOR WHICH PAYMENT IS REQUESTED
Total to Date
Total Previous
Report
Current Report
$0.00
$0.00
$0.00