IGA RE WALK N ROLLERS WITH ADOT.PDF

ADOT CAR No.: IGA/JPA 14-00048444
AG Contract No.: P001 2014004407
Project: Maricopa County Walk-n-
Rollers Program (SRTS)
Section: Madison Rose Lane
Elementary, Madison Heights
Elementary, Joseph Zito Elementary
Federal Project No.: MMA-0(257)F
ADOT Project No.: SF043 01X
TIP/STIP No.: MAG 2015-2017
CFDA No.: 20.205
Budget Source Item No.: N/A
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 11-964, as amended, between the STATE OF AREONA,
acting by and through its DEPARTMENT OF TRANSPORTATION (the "State" or "ADOT") and
MARICOPA COUNTY 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 by resolution, a copy of which is attached hereto and made a part hereof, 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 created by the U.S. Congress as part of a
federal transportation bill called SAFETEA-LU. The Arizona SRTS Program has created "Walking School
Bus (WSB) Kick-Start". Its goal is to increase — and sustain — WSB efforts throughout Arizona by
providing modest, short-term financial incentives to schools, school districts, and other eligible applicants.
This is a non-infrastructure project in which the recipient has up to thirty-six (36) months to expend the
funds, unless otherwise specified,
4. The work proposed under this Agreement will allow the State to acquire Federal funds for the
implementation of various educational materials, events and activities, hereinafter referred to as the
'Project'. In addition, the Project will consist of promotional materials related SRTS events and activities
as well as educational material, hand-outs for safe pedestrian and bicycling information. The Project has
been submitted to the State and Federal Highway Administration (FHWA) for their approval.
THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows:

Page 2 IGA/J PA 14-00048444
5. The County, in order to obtain federal funds for the implementation of the Project, is willing to
provide County funds to match federal funds in the ratio required or as finally fixed and determined by the
County and FHWA.
6. 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.
7, The Parties shall perform their responsibilities consistent with this Agreement; any change or
modification to the Project will only occur with the mutual written consent of both Parties.
8. The federal funds will be used for the "Walking School Bus (WSB) Kick-Start" educational
purposes.
SF043 OID (ADOT Project Management & Design Review (PMDR) Cost, non-federal-aid):
PMDR costs* $ 2,000.00
SF043 01X:
Federal-aid funds @ 94.3% (capped) $ 124,191.00
County's match @ 5,7% $ 7,507.00
Subtotal $ 131,698.00
Total Estimated County Funds $ 9,507.00
Total Federal Funds $ 124,191.00
TOTAL Estimated Project Cost $ 133,698.00
* (Included in the County's Estimated Funds)
The Parties acknowledge that the final Project costs may exceed the initial estimate(s) shown above, and
in such case, the County is responsible for, and agrees to pay, any and all actual costs exceeding the
initial estimate. If the final bid amount is less than the initial estimate, the difference between the final bid
amount and the initial estimate will be de-obligated or otherwise released from the Project. The County
acknowledges it remains responsible for, and agrees to pay according to the terms of this Agreement,
any and all actual costs exceeding federal funds available for the Project.
SCOPE OF WORK
1. The State will:
a. Upon execution of this Agreement, be the designated agent for the County, if such project is
approved by FHWA and project funds are available,
b. Review and approve the SRTS Walk-n-Rollers application submitted by County. Verify
County demonstrates the ability to meet the SRTS Walk-n-Rollers requirements and provide an
environmental review.
c. Prior to performing or authorizing any work, invoice County for the initial PMDR costs,
currently estimated at $2,000.00. Invoice County in increments of $5,000.00 to cover projected PMDR
costs if additional funding from County is required. Once the Project costs have been finalized the State
will either invoice or reimburse County for the difference between estimated and actual costs.

Page 3 IGA/JPA 14-00048444
d. Within thirty (30) days of receipt of a Progress Payment Report (Exhibit A), reimburse the
County for eligible costs incurred not to exceed $124,191.00. Any costs incurred prior to the date of the
official SRTS Notice to Proceed 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 SRTS Project
Coordinator maintains the right to discontinue the award.
2. The County will:
a. Upon execution of this Agreement, designate the State as the authorized agent for the
County, if such project is approved by FHWA and project funds are available.
b. Prior to performing or authorizing any work, and within thirty (30) days of receipt of an invoice
from the State pay the initial PMDR costs, currently estimated at $2,000.00. Be responsible for any
difference between the estimated and actual PMDR Costs.
c. Upon receipt of the State's environmental review and the official SRTS Notice to Proceed,
begin SRTS Walk-n-Rollers Program and activities.
d. On a monthly or quarterly basis, complete and submit a Progress Payment Report (Exhibit
A), and all documentation necessary for reimbursement of eligible costs incurred not to exceed
$124,191.00. 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 Transportation Alternatives Program (TAP) 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.or,•). 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 your NCSRTS output to the TAP coordinator, as verification of
your surveys and the page entitled "Evaluation — Semi-Annual Data" as documentation for
reimbursements to be processed.
h. On a semi-annual basis, and along with reimbursement request and data verification, submit
a report, not be more than one page in length, of your program's progress,
i. Use the funds in a timely manner. The TAP 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 TAP coordinator maintains the right to discontinue the
award.
k. At Project completion before the final reimbursement request is submitted, complete and
submit the Project Close-Out Evaluation Form.

Page 4 IGA/JPA 14-0004844-I
MISCELLANEOUS PROVISIONS
1. This Agreement shall remain in force and effect for up to thirty-six (36) months from the date of
execution this includes final reimbursement and submittal of final status reports. Any and all maintenance
requirements for this Agreement shall be perpetual and shall be the responsibility of County, unless
assumed by another governmental agency, may be cancelled at any time prior to the award of a contract,
upon thirty (30) days written notice to the other party. It is understood and agreed that, in the event the
County terminates this Agreement, the County will be responsible for all costs incurred by the State up to
the time of termination. It is further understood and agreed that should the County terminates this
Agreement; the State shall in no way be obligated to maintain said Project.
2. To the extent permitted by law, the County hereby agrees to save and hold harmless, defend and
indemnify from loss the State, any of its departments, agencies, officers or employees from any and all
liability, costs and/or damage incurred by any of the above arising or resulting from the Agreement; and
from any other liability, damage to any person or property whatsoever, which is caused by any activity,
negligence, condition, misrepresentation, directives, instruction or event arising out of the performance or
non-performance of any provisions of this Agreement by (a) the State, any of its departments, agencies,
officers and employees, or its independent contractors; or (b) the County, any of its agents, officers and
employees, or its independent contractors. Costs incurred by the State, any of its departments, agencies,
officers or employees shall include in the event of any action, court costs, and expenses of litigation and
attorneys' fees.
3. The cost of work covered by this Agreement is to be borne by FHWA and the County, each in the
proportion prescribed or as fixed and determined by FHWA as stipulated in this Agreement. Therefore,
the County agrees to furnish and provide the difference between the total cost of the work provided for in
this Agreement and the amount of federal aid received.
4. 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.
5. The cost of the project under this Agreement includes indirect costs approved by the FHWA, as
applicable.
6. The County and State 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.
7. The County acknowledges compliance with federal laws and regulations and may be subject to
the Office of Management and Budget (OMB), Single Audit, Circular A-133 (Audits of States, Local
Governments, and Non-Profit Organizations). Entities that expend $500,000.00 or more (prior to
12/26/14) and $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. 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 (9) months of the sub recipient fiscal year end.
ADOT FMS
Attn: Cost Accounting Administrator
206 S 17th Ave. Mail Drop 204B
Phoenix, AZ 85007
SingleAuditaazdotmov

Page 5 IGA/J PA 14-0004844-1
8. This Agreement shall become effective upon signing and dating of the Determination Letter by
the State's Attorney General.
9. This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511.
10. To the extent applicable under law, the provisions set forth in Arizona Revised Statutes §§ 35-214
and 35-215 shall apply to this Agreement.
11. 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 36 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 herein by reference
regarding "Non-Discrimination".
12. 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,
13. In the event of any controversy, which may arise out of this Agreement, the Parties hereto agree
to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12-
1518,
14. The Parties shall comply with the applicable requirements of Arizona Revised Statutes § 41-4401.
15. The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as
may be amended.
16. 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 Administration Attn: Mary Mezey,
205 S. 17th Avenue, Mail Drop 637E Maricopa County Department of Public Health
Phoenix, Arizona 85007 4041 N. Central Avenue
(602) 712-7124 Phoenix, Arizona 85012
(602) 712-3132 Fax (602) 506-6900
For Project Administration:
Arizona Department of Transportation
Safe Routes To School Program Coordinator Scot Pitcairn, Finance Manager, Finance/Budget
1615W. Jackson St. EM10 Maricopa County Department of Public Health
Phoenix, AZ 85007 (602) 506-6963
(602) 529-6882 Fax

Page 6 IGA/JPA 14-00048444
or Financial Administration:
Arizona Department of Transportation
Joint Project Administration
205 S. 17th Avenue, Mail Drop 637E
Phoenix, Arizona 85007
(602) 712-7124
(602) 712-3132 Fax
JPABranch@azdot.gov
17. In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated
herein is the written determination of each Party's legal counsel and that the Parties are authorized under
the laws of this State to enter into this Agreement and that the Agreement is in proper form.
IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written.
FOR AND ON BEHALF OF MARICOPA COUNTY STATE OF ARIZONA
Department of Transportation
By By
Chairman, Board of Supervisors STEVE BOSCHEN, P.E.
Senior Deputy State Engineer
Date
ATTEST:
By
FRAN McCARROLL
Clerk of the Board
Date
APPROVED AS TO FORM:
Deputy Attorney for Maricopa County
Date January 5m 20:14-ly

IGA/JPA 14-0004844-1
ATTORNEY APPROVAL FORM FOR MARICOPA COUNTY
I have reviewed the above referenced Intergovernmental Agreement between the State of
Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and through the 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
County Attorn7