IGA RE SAFE ROUTES TO SCHOOL WITH ADOT.PDF

ADOT File No.: IGA/JPA 14-0004849-I
AG Contract No.: P0012014004307
Project: Safe Routes to School
Section: Maricopa County
Federal Project No.: MMA-0(258)F
Project No.: SF044 010 OIX
TIP/STIP No.: 2015MMA15-403
Budget Source Item No.: 79413
INTERGOVERNMENTAL AGREEMENT
BETVVEEN
THE STATE OF ARIZONA
AND
THE MARICOPA COUNTY
THIS AGREEMENT is entered into this date , 2015, 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
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 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 safety programs, hereinafter, referred to as the "Project". The
Project will consist of conducting walking site assessments at each school; planning a pedestrian/bicyclist
safety education program for students, parents, and neighbors; participating in Walk To School Days and
Walk 'n Roll to School Days, and developing programs and strategies to reduce the real and perceived
threats of 'stranger danger, The County will monitor the design and the State will advertise, bid and award
the construction of the Project. The plans, estimates and specifications for the Project will be prepared
and, as required, submitted to the State and Federal Highway Administration (FHWA) for its approval.
THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows:

Page 2 IGA/JPA 14-00048494
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 costs.
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 implementation of the Project. The estimated Project costs
are as follows:
SF0440 010 (ADOT Project Management & Design Review (PMDR) Cost, non-federal-aid):
PMDR costs* $ 2,000.00
SF044 01X:
Federal-aid funds @ 94.3% (capped) $120,793.00
County's match @ 5.7% $ 7,301.00
Subtotal — Development $128,094.00
Total Estimated County Funds $ 9,301.00
Total Federal Funds $120,793.00
TOTAL Estimated Project Cost $130,094.00
* (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 the federal funds available for the Project.

Page 3 IGA/JPA 14-00048494
II. 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 application submitted by the County. Verify the County
demonstrates the ability to meet the SRTS requirements and provide an environmental review.
c. Prior to performing or authorizing any work, invoice the County for the initial PMDR costs,
currently estimated at $2,000.00. Invoice the County in increments of $5,000.00 to cover projected PMDR
costs if additional funding from the County is required. Once the Project costs have been finalized the
State will either invoice or reimburse the County for the difference between estimated and actual costs.
d. Within thirty (30) days of receipt of a Progress Payment Report (Exhibit A), reimburse the
County for eligible costs incurred not to exceed $120,793.00. 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, 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 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
$120,793.00. 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.orq). 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,

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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.
III. 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 the 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 terminate 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 under this Agreement is to be covered by the maximum available amount of
federal funds programmed for this Project. The County 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 County agrees to pay the difference between actual
costs of the Project and the federal funds 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 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.

Page 5 IGALIPA 14-0004849-I
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 171h Ave. Mail Drop 204B
Phoenix, AZ 85007
SinqleAudit@azdotgov
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 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 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 Dept. of Health
Joint Project Administration Attn: Mary Mezey
205 S. 17 1" Avenue, Mail Drop 637E 4041 N. Central Avenue Suite 700
Phoenix, Arizona 85007 Phoenix, Arizona 85012
(602) 712-7124 (602)506-5783
(602) 712-3132 Fax MaryMezey@mail.maricopagov

Page 6 IGA/JPA 14-0004849-1.
For Project Administration:
Arizona Department of Transportation
Safe Routes To School Program Coordinator
Attn: Brian Fellows
1615W. Jackson St. EM10
Phoenix, AZ 85007
For Financial Administration:
Arizona Department of Transportation
Joint Project Administration
205 S. 17t Avenue, Mail Drop 637E
Phoenix, Arizona 85007
(602) 712-7124
(602) 712-3132 Fax
JPABranchlAazdot.ciev
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 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 STATE OF ARIZONA
MAR1COPA COUNTY Department of Transportation
By By
Chairman, Board of Supervisors STEVE BOSCH EN, 13:E.
Senior Deputy State Engineer, Development
Date
ATTEST:
Clerk of the Board
Date
APPROVED AS TO FORM:

Page 7 1GA/J PA 14-0004849-I
Deputy Attorney for Maricopa County
Date

IGA/JPA 14-0004849-1
ATTORNEY APPROVAL FORM FOR MARICOPA COUNTY DEPARTMENT OF PUBLIC HEALTH
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 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 , 2016
County Attorney