17-0006714-ADOT SRTS IGA (00).PDF

Maricopa County — Formal (2018-04-25)

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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

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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.

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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.

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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

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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