17-0006714-ADOT SRTS IGA (00).PDF
Extracted text (via pymupdf_layout)
17504 characters
ADOT CAR No.: IGA 17-0006714-I AG Contract No.: P0012018000559 Project Location/Name: WALK N' ROLLERS SAFE ROUTES TO SCHOOL PROGRAM Type of Work: SAFE ROUTES TO SCHOOL SUPPORT PROGRAM Federal-aid No.: MMA-0(278)D ADOT Project No.: T0161 01X TIP/STIP No.: MMA 18-701, 19-701, 20-701 CFDA No.: 20.205 Budget Source Item No.: HSIP INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND MARICOPA COUNTY 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, acting by and through its DEPARTMENT OF PUBLIC HEALTH and BOARD OF SUPERVISORS (the “County”). The State and the County are collectively referred to as “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 Arizona Revised Statutes § 11-251 to enter into this Agreement and has 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 State Departments of Transportation to create and administer SRTS programs. This is a non-infrastructure project with funding for three Fiscal Years (FY) in which the recipient has 60 days from September 30th to expend the funds each year, shown in Exhibit A. 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, as shown in Exhibit A, for the implementation of various educational safety programs, the “Project”. The Project supports safe walking and biking to and from Page 2 IGA 17-0006714-I schools. The Project will implement the Walk N’ Rollers Program in 4 different schools, provide technical assistance, capacity building, program planning, in class bicycle and pedestrian safety lessons for grades K-5, and encouragement programs and events such as providing incentives and advertising for International Walk to School Day and Spring Bike Rodeos, a walking “Mileage Club”, and providing the Golden Sneaker Award each quarter to the classroom with the most walkers/bikers. In addition, Consumer Product Safety Commission (CPSC) certified bicycle helmets will be fitted and distributed as part of the in- school bicycle education and rodeo program. The Project will promote and work to implement a Helmet Requirement Policy and/or an Idle Free Zone Policy/Campaign at participating schools to ensure that rules are being adhered to on school grounds. The County will procure supplies or services following the State procurement process or utilizing an established ADOT procurement contract. 5. The Project will be submitted to the State and Federal Highway Administration (FHWA) for their approval. 6. The Parties will perform their responsibilities consistent with this Agreement, and any change or modification to the Project will only occur with the mutual written consent of both Parties. THEREFORE, in consideration of the mutual terms expressed in this Agreement, it is agreed 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. Execute this Agreement, and prior to performing or authorizing any work, invoice the County for the initial Project Development Administration (PDA) costs, estimated at $2,000.00. If actual PDA costs exceed the estimate during the development of the Project, notify the County and obtain concurrence prior to continuing with the development of the Project. Once the Project costs have been finalized, the State will either invoice or reimburse the County for the difference between estimated and actual costs. c. Review and approve the SRTS application submitted by the County. Verify the County demonstrates the ability to meet the SRTS requirements and provide an environmental review. d. Within 30 days of receipt of a Progress Payment Report (Exhibit B), reimburse the County for eligible costs incurred not to exceed the three FY total of $141,448.00, as shown in Exhibit A. Any costs incurred prior to the date of Federal Authorization will not be eligible for reimbursement. Page 3 IGA 17-0006714-I 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 SRTS Project Coordinator 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. Within 30 days of receipt of an invoice from the State, pay the initial PDA costs, estimated at $2,000.00. Agree to be responsible for actual PDA costs, if during the development of the Project, PDA costs exceed the initial estimate. Be responsible for any difference between the estimated and actual PDA costs of the Project. c. After receipt of the State’s environmental review and the official SRTS Notice to Proceed, begin SRTS Program and activities. d. Within 30 days of payment to a vendor, not less than quarterly, complete and submit a Progress Payment Report (Exhibit B), and all documentation necessary for reimbursement of eligible costs incurred not to exceed the amount programmed for the corresponding FY, for a total of $141,448.00, as shown in Exhibit A. Any costs incurred prior to the date of the official SRTS Notice to Proceed will not be eligible for reimbursement. e. Communicate regularly with the SRTS 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 web-site 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 State’s SRTS 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 your program’s progress. i. Use the funds in a timely manner. The State SRTS Program Coordinator has the right to discontinue reimbursements if sufficient progress has not been made. j. Should the County fail to provide the submittal of evaluation data and the number of participating students on a regular basis, the State’s SRTS Program Coordinator maintains the right to discontinue the award. Page 4 IGA 17-0006714-I k. At Project completion, before the final reimbursement request is submitted, complete and submit the Project Close-Out Evaluation Form. III. MISCELLANEOUS PROVISIONS 1. This Agreement shall become effective upon signing and dating of the Determination Letter by the State’s Attorney General. 2. 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. 3. This Agreement may be cancelled at any time prior to the award of the Project contract and after 30 days written notice to the other Party. It is understood and agreed that, in the event the County terminates this Agreement, the County 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 County terminates this Agreement, the State shall in no way be obligated to complete or maintain the Project. 4. The County shall indemnify, defend, and hold harmless the State, any of its departments, agencies, 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 County , 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 County’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 County which may be legally imputed to the State by virtue of the State’s ownership or possession of land. The County’s obligations under this paragraph shall survive the termination of this Agreement. 5. The cost of work under this Agreement is to be covered by the federal funds programmed for this Project, up to the maximum available. The County acknowledges that the 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 County agrees to pay the difference between actual Project costs and the federal funds received. 6. 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. 7. The cost of the Project under this Agreement includes indirect costs approved by FHWA, as applicable. Page 5 IGA 17-0006714-I 8. 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 County 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. 9. The County acknowledges and will comply with Title VI of the Civil Rights Act Of 1964. 10. The County 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 Phoenix, AZ 85007 SingleAudit@azdot.gov 11. This Agreement shall be governed by and construed in accordance with Arizona laws. 12. This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511. 13. To the extent applicable under law, the provisions set forth in Arizona Revised Statutes §§ 35-214 and 35-215 shall apply to this Agreement. 14. 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 issued by the Governor of the State of Arizona and incorporated in this Agreement by reference regarding “Non-Discrimination”. 15. 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. 16. In the event of any controversy, which may arise out of this Agreement, the Parties agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12-1518. 17. The Parties shall comply with the applicable requirements of Arizona Revised Statutes § 41- 4401. Page 6 IGA 17-0006714-I 18. The Parties shall comply with the applicable requirements of Arizona Revised Statutes §35- 393.01. 19. The Parties shall comply with all applicable laws, rules, regulations and ordinances, as may be amended. 20. All notices or demands upon any Party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows: For Agreement Administration: Arizona Department of Transportation Maricopa County Joint Project Agreement Section Department of Public Health 205 S. 17th Avenue, Mail Drop 637E 4041 N. Central Ave Phoenix, Arizona 85007 Phoenix, AZ 85012 JPABranch@azdot.gov 602.506.6900 602.506.6885 (fax) katherinemason@mail.maricopa.gov For Project Administration: Arizona Department of Transportation Maricopa County Local Public Agency Department of Public Health 4041 N. 205 S. 17th Avenue Central Ave Phoenix, AZ 85007 Phoenix, AZ 85012 LPAGroup@azdot.gov 602.506.6900 602.506.6608 (fax) daviddube@mail.maricopa.gov For Financial Administration: Arizona Department of Transportation Maricopa County Local Public Agency Department of Public Health 205 S. 17th Avenue, Mail Drop 614E Attn: Scot Pitcairn, Finance Phoenix, AZ 85007 4041 N. Central Ave 602.712.7545 Phoenix, AZ 85012 602.506.6963 (phone) 602.529.6882 (fax) scotpitcairn@mail.maricopa.gov 21. In accordance with Arizona Revised Statutes § 11-952 (D) attached and incorporated in this Agreement is the written determination of each Party’s legal counsel that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form. Page 7 IGA 17-0006714-I IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. MARICOPA COUNTY STATE OF ARIZONA Department of Public Health Department of Transportation By ______________________________ By ______________________________ STEVE CHUCRI STEVE BOSCHEN, P.E. Chairman, Board of Supervisors Division Director ATTEST: By ______________________________ Clerk of the Board IGA 17-0006714-I ATTORNEY APPROVAL FORM FOR THE MARICOPA COUNTY I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and MARICOPA COUNTY, an agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes §§ 11-951 through 11-954 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. DATED this __________________ day of __________________, 2018. ___________________________ County Attorney Page 9 IGA 17-0006714-I EXHIBIT A IGA 17-0006714-I Cost Estimate T0161 01X The federal funds will be used for the procurement of the Project. The estimated Project costs are as follows: T0161 01D (ADOT Project Development Administration (PDA) Cost, non-federal-aid): County funds @ 100% $ 2,000.00 T0161 01X (FY 18): Federal-aid funds @ 94.3% $ 47,150.00 County funds @ 5.7% $ 2,850.00 T0161 01X (FY 19): Federal-aid funds @ 94.3% $ 47,148.00 County funds @ 5.7% $ 2,850.00 T0161 01X (FY 20): Federal-aid funds @ 94.3% $ 47,150.00 County funds @ 5.7% $ 2,850.00 Estimated TOTAL Project Cost $ 151,998.00 Total Estimated County Funds $ 10,550.00 Total Federal Funds $ 141,448.00 EXHIBIT B ARIZONA DEPARTMENT OF TRANSPORTATION PROGRESS PAYMENT REPORT Report No. IGA/JPA ADOT PO # PROGRESS Item No. FINAL Federal-aid No. ADOT Project No. Name of Project Name of Vendor REMIT PAYMENT TO: Date Started : Estimated Completion Date: % Billed % Complete SUMMARY OF WORK FOR WHICH PAYMENT IS REQUESTED Previous CONTRACT Accumulative Current Accumulative Items DESCRIPTION Hours AMOUNT Amount Month Amount PER JPA See Attached $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total to Date $0.00 Submitted By: Date: Total Previous $0.00 Report Approved By: Date: ADOT Project Manager Current Report $0.00 Contract Payables/JPA-PR-FORMAT 8/21/17