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ADOT CAR No.: IGA /JPA14-0004022-I AG Contract No.: 14-0004022 Project: Systematic Improvement of Crash Data – TraCS (Traffic Criminal Software) Federal-aid No.: 999-108T ADOT Project No.: M512501X TIP/STIP No.: n/a CFDA No.: 20.205 - Highway Planning and Construction Budget Source Item No.: HSIP INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND MARICOPA COUNTY THIS AGREEMENT is entered into this date ________________________________, 2014, 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 COUNTY OF MARICOPA, on behalf of the MARICOPA COUNTY SHERIFF’S OFFICE (the ““MCSO”). 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 Maricopa County Sheriff’s Office (MCSO). 3. In accordance with the Moving Ahead for Progress in the 21st Century Act (MAP-21), Highway Safety Improvement Program (HSIP) funds have been approved by Federal Highway Administration (FHWA) for the statewide crash data improvement effort for Arizona. Traffic and Criminal Software (TraCS), a mobile crash reporting system, that can be used for electronic traffic citations and developing traffic crash reports, will be implemented as part of this effort, which will consist of installing the TraCS software, providing training, and consultant fees. 4. The purpose of this Agreement between the State and the Maricopa County Sheriff’s Office (MCSO) is to allow the State to acquire federal funds for the purchase, implementation, training and consultant fees associated with the TraCS, to establish compatibility between the MCSO’s Records Management System and the State’s data system, ALISS (Accident Location Identification and Surveillance System), allowing information to be downloaded directly from one system to the other, hereinafter referred to as the “Project”. The Project will collect data in a timelier manner, eliminate manual data entry and establish a more efficient and technologically effective process. THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows: Page 2 IGA/JPA 14-0004022-I II. SCOPE OF WORK 1. The State will: a. Upon execution of this Agreement, be the designated agent for the MCSO, in order to acquire funds, as approved by FHWA. b. Within thirty (30) days of receipt of an invoice and documentation of payment for services and/or equipment, reimburse the MCSO for eligible costs incurred not to exceed $83,600.00. Any costs incurred prior to the date of the official Notice to Proceed will not be eligible for reimbursement. c. Evaluate the MCSO’s Project one year after reimbursement to ensure Project development and implementation. Should the Project not be in place and/or compatible, the State will invoice the MCSO for all reimbursed federal funds acquired for the Project. 2. The Maricopa County Sheriff’s Office will: a. Upon execution of this Agreement, designate the State as the authorized agent for the MCSO, in order to be eligible for federal funds, as approved by FHWA. b. Upon payment for services and/or equipment and no more than monthly, invoice the State, providing all necessary documentation, for reimbursement of eligible costs incurred not to exceed $83,600.00. Any costs incurred prior to the date of the official Notice to Proceed will not be eligible for reimbursement. c. Within one year of reimbursement, ensure Project development and implementation. Should the Project not be in place and/or compatible within one year after federal funds were made available, the MCSO will repay all federal funds received for the Project. III. MISCELLANEOUS PROVISIONS 1. Either party may terminate this Agreement for convenience or cause upon thirty (30) days prior written notice to the other party. Upon any termination of this Agreement, the MCSO shall repay all federal funds received for implementation of the Project. 2. The parties to this Agreement agree that the State of Arizona shall be indemnified and held harmless by the MCSO for the vicarious liability of the State as a result of entering into this Agreement. Each party to this contract is responsible for its own negligence. 3. 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 MCSO 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. 4. The MCSO 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 or more of Federal assistance (Federal funds, Federal grants, or Federal awards) are required to comply by having an independent audit. A copy of the Single Audit is to be sent to Arizona Department of Transportation Financial Management Services. ADOT – FMS Cost Accounting Administrator 206 S 17th Ave. Mail Drop 204B Phoenix, AZ 85007 Page 3 IGA/JPA 14-0004022-I 5. This Agreement shall become effective upon signing and dating of the Determination Letter by the State’s Attorney General. 6. This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511. 7. To the extent applicable under law, the provisions set forth in Arizona Revised Statutes §§ 35-214 and 35-215 shall apply to this Agreement. 8. 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 herein by reference regarding “Non-Discrimination”. 9. 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. 10. 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. 11. 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: Arizona Department of Transportation Maricopa County Sheriff’s Office Joint Project Administration Attn: Deputy Chief Shelly Bunn 205 S. 17th Avenue, Mail Drop 637E Address 550 W. Jackson Phoenix, Arizona 85007 Phoenix, Arizona 85003 (602) 712-7124 Phone (602) 876-1819 (602) 712-3132 Fax Fax (602) 251-3709 Intermodal Transportation Division Traffic Records Section 206 S. 17th Ave, Mail Drop 064R Phoenix, Arizona 85007-3233 12. The Parties shall comply with the applicable requirements of Arizona Revised Statutes § 41-4401. 13. The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as may be amended. 14. 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. Page 4 IGA/JPA 14-0004022-I IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. MARICOPA COUNTY STATE OF ARIZONA Department of Transportation By By ______________________________ DENNY BARNEY, CHAIRMAN Date DALLAS HAMMIT, P.E. Maricopa County Board of Supervisors Senior Deputy State Engineer, Development ATTEST: ______ FRAN McCARROLL Date Clerk of the Board of Supervisors APPROVED AS TO FORM This _____ day of ________________, 2014 By: _____________ Maricopa County Attorney IGA/JPA 14-0004022-I ATTORNEY APPROVAL FORM FOR THE MARICOPA COUNTY SHERIFF’S OFFICE 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 SHERIFF’S OFFICE, 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 __________________ 2014. ___________________________ County Attorney