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HomeMy WebLinkAbout03.28.24-DuS_for_Signatures-23-0009558_(ADOT) Page 1 of 9 ADOT CAR No.: IGA 23-0009558-I AG Contract No.: P0012024000372 Project Location/Name: McDowell Mountain Elementary–Fountain Hills Middle–Fountain Hills High Schools Type of Work: Safe Routes to School Support Activity Federal-aid No.: SRTS-FTH-0(211)D ADOT Project No.: T052501X TIP/STIP No.: FTH-24-070 Budget Source Item No.: NA INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND TOWN OF FOUNTAIN HILLS 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 TOWN OF FOUNTAIN HILLS, acting by and through its MAYOR and TOWN COUNCIL (the “Town” or “Local Agency”). The State and the Local Agency are each individually referred to as a “Party” and 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 Local Agency is empowered by A.R.S. § 9-240 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 Local Agency. 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 the first time) for State Departments of Transportation to create and administer SRTS programs. This is a one-school-year non-infrastructure project in which the recipient has eighteen (18) to twenty-four (24) months to expend the funds, unless otherwise specified. The State and the Local Agency have identified programs within the Local Agency as eligible for this funding. 4. The purpose of this Agreement between the State and the Local Agency is to allow the State to acquire federal funds to support a stipend for a SRTS Coordinator to work with a student team to develop program communication strategies, promotion of safety activities, and milestone awards “Project”. The Project includes incentives that may consists of bike decals, helmets, and bike safety devices/gear, and purchase of crossing guard vests. The Local Agency will procure supplies or services following the State procurement process or utilizing an established ADOT procurement contract. The Project cost, as shown in Exhibit A, is estimated at $15,480.00, which includes federal aid and the Local Agency’s match. The DocuSign Envelope ID: 5A099EE2-9517-4D94-8C53-F57AACE02BD6 April 25, 2024 IGA 23-0009558-I Page 2 of 9 Local Agency will be reimbursed an amount not to exceed $14,598.00 for eligible costs incurred as detailed below. 5. The interest of the State in this Project is the acquisition of federal funds for the use and benefit of the Local Agency and authorization of such federal funds for the Project pursuant to federal law and regulations. The State shall be the designated agent for the Local Agency for the Project, if the Project is approved by FHWA and funds for the Project are available. 6. The foregoing Recitals and Exhibit A shall be incorporated into this Agreement. In consideration of the mutual terms expressed herein, the Parties agree 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 Local Agency’s designated agent for the Project. b. Review and approve the SRTS application submitted by the Local Agency. Verify the Local Agency demonstrates the ability to meet the SRTS requirements. c. After funding is authorized, send a Notice to Proceed (“NTP”) letter and coordinate with the Local Agency. d. Within 30 days of receipt, review, and approval of invoice(s) and documentation of payment for the Project, reimburse the Local Agency for eligible costs incurred not to exceed $14,598.00, as shown in Exhibit A. Any costs incurred prior to the date of the official SRTS NTP will not be eligible for reimbursement. e. Continuously evaluate the Local Agency’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 maintains the right to discontinue the award. 2. The Local Agency will: a. Designate the State as the Local Agency’s authorized agent for the Project. b. After receipt of the NTP, begin SRTS Program and activities. c. Make all payments directly to the vendor(s), and be responsible for all costs incurred for the Payment subject to reimbursement by the State as provided herein. d. Within 30 days of payment to a vendor, not less than quarterly, complete and submit an invoice on ADOT’s Progress Payment Report (Exhibit B), attached and made a part of this Agreement, to the State for review and approval, of eligible costs incurred for the Project not to exceed $14,598.00. Any costs incurred prior to the date of the official SRTS Notice to Proceed will not be eligible for reimbursement. DocuSign Envelope ID: 5A099EE2-9517-4D94-8C53-F57AACE02BD6 IGA 23-0009558-I Page 3 of 9 e. Communicate regularly with the ADOT 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 ADOT 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 ADOT Program Coordinator has the right to discontinue reimbursements if sufficient progress has not been made. j. At Project completion, before the final reimbursement request is submitted, complete and submit the Project Close-Out Evaluation Form. 3. The Parties understand and agree: a. That should the Local Agency fail to provide the submittal of evaluation data and the number of participating students on a regular basis, ADOT maintains the right to discontinue the Project award. III. MISCELLANEOUS PROVISIONS 1. Effective Date. This Agreement shall become effective upon signing and dating of all Parties. 2. Amendments. Any change or modification to this Agreement will only occur with the mutual written consent of both Parties. 3. Duration. 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. 4. Cancellation. This Agreement may be cancelled at any time, so long as the cancelling Party provides at least 30 days’ prior written notice to the other Party. It is understood and agreed that, in the event the Local Agency terminates this Agreement, the Local Agency 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 Local Agency terminates this Agreement, the State shall in no way be obligated to complete or maintain the Project. DocuSign Envelope ID: 5A099EE2-9517-4D94-8C53-F57AACE02BD6 IGA 23-0009558-I Page 4 of 9 5. Indemnification. The Local Agency shall indemnify, defend, and hold harmless the State, any of its departments, agencies, boards, commissions, 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 Local Agency, 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 Local Agency’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 Local Agency which may be legally imputed to the State by virtue of the State’s ownership or possession of land. The Local Agency’s obligations under this paragraph shall survive the termination of this Agreement. 6. Programmed Federal Funds. The cost of the Project under this Agreement is to be covered by the federal funds programmed for this Project, up to the maximum available. The Local Agency 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 Local Agency agrees to pay the difference between actual costs of the Project and the federal funds received. 7. Termination of Federal Funding. 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. 8. Indirect Costs. The cost of the Project under this Agreement includes indirect costs approved by FHWA, as applicable. 9. Federal Funding Accountability and Transparency Act. 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 Local Agency 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. 10. Single Audit. The Local Agency 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. DocuSign Envelope ID: 5A099EE2-9517-4D94-8C53-F57AACE02BD6 IGA 23-0009558-I Page 5 of 9 ADOT – FMS Attn: Cost Accounting Administrator 206 S 17th Ave. Mail Drop 204B Phoenix, AZ 85007 SingleAudit@azdot.gov 11. Governing Law. This Agreement shall be governed by and construed in accordance with Arizona laws. 12. Conflicts of Interest. This Agreement may be cancelled in accordance with A.R.S. § 38-511. 13. Inspection and Audit. The Local Agency shall retain all books, accounts, reports, files and other records relating to this Agreement which shall be subject at all reasonable times to inspection and audit by the State for five years after completion of the Project. Such records shall be produced by the Local Agency, electronically or at the State office as set forth in this Agreement, at the request of ADOT. 14. Title VI. The Local Agency acknowledges and will comply with Title VI of the Civil Rights Act Of 1964. 15. Non-Discrimination. 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, as amended by Executive Order 2023-01, issued by the Governor of the State of Arizona and incorporated in this Agreement by reference regarding “Non-Discrimination.” 16. 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. 17. Arbitration. In the event of any controversy, which may arise out of this Agreement, the Parties agree to abide by arbitration as is set forth for public works contracts if required by A.R.S. § 12-1518. 18. E-Verify. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401. 19. Contractor Certifications. The Local Agency shall certify that all contractors comply with the applicable requirements of A.R.S. §§ 35-393.01 and 35-394. 20. Other Applicable Laws. The Parties shall comply with all applicable laws, rules, regulations and ordinances, as may be amended. 21. Notices. All notices or demands upon any Party to this Agreement shall be in writing and shall be delivered electronically, in person, or sent by mail, addressed as follows: DocuSign Envelope ID: 5A099EE2-9517-4D94-8C53-F57AACE02BD6 IGA 23-0009558-I Page 6 of 9 For Agreement Administration: Arizona Department of Transportation Joint Project Agreement Group 205 S. 17th Avenue, Mail Drop 637E Phoenix, AZ 85007 JPABranch@azdot.gov For Project Administration: Arizona Department of Transportation Project Management Group 205 S. 17th Avenue, Mail Drop 614E Phoenix, AZ 85007 PMG@azdot.gov For Financial Administration: Arizona Department of Transportation Project Management Group 205 S. 17th Avenue, Mail Drop 614E Phoenix, AZ 85007 PMG@azdot.gov Town of Fountain Hills Attn: Justin Weldy 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 480.816.5133 jweldy@fountainhillsaz.gov Town of Fountain Hills Attn: Justin Weldy 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 480.816.5133 jweldy@fountainhillsaz.gov Town of Fountain Hills Attn: Justin Weldy 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 480.816.5133 jweldy@fountainhillsaz.gov 22. Revisions to Contacts. Any revisions to the names and addresses above may be updated administratively by either Party and shall be in writing. 23. Legal Counsel Approval. In accordance with A.R.S. § 11-952 (D), the written determination of each Party’s legal counsel providing that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form is set forth below. 24. Electronic Signatures. This Agreement may be signed in an electronic format using DocuSign. DocuSign Envelope ID: 5A099EE2-9517-4D94-8C53-F57AACE02BD6 IGA 23-0009558-I Page 7 of 9 IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its Department of Transportation, and the Town of Fountain Hills, an agreement among public agencies which, has been reviewed pursuant to A.R.S. §§ 11-951 through 11-954 and A.R.S. § 9-240 and declare this Agreement to be in proper form and within the powers and authority granted to the Town under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. Approved as to Form: By ________________________________________ Date____________________ AARON ARNSON Town Attorney TOWN OF FOUNTAIN HILLS By ________________________________________ Date____________________ RACHAEL GOODWIN Town Manager By ________________________________________ Date____________________ GINNY DICKEY Mayor ATTEST: By ________________________________________ Date____________________ LINDA MENDENHALL Town Clerk DocuSign Envelope ID: 5A099EE2-9517-4D94-8C53-F57AACE02BD6 4/2/2024 4/22/2024 4/22/2024 4/23/2024 IGA 23-0009558-I Page 8 of 9 ARIZONA DEPARTMENT OF TRANSPORTATION By ________________________________________ Date_____________________ STEVE BOSCHEN, PE Infrastructure Delivery and Operations Division Division Director A.G. Contract No. P0012024000372 (ADOT IGA 23-0009558-I), an Agreement between public agencies, the State of Arizona and the Town of Fountain Hills, has been reviewed pursuant to A.R.S. §§ 11-951 through 11-954 and A.R.S. § 28-401, by the undersigned Assistant Attorney General who has determined that it is in the proper form and is within the powers and authority granted to the State of Arizona. No opinion is expressed as to the authority of the remaining Parties, other than the State or its agencies, to enter into said Agreement. By ________________________________________ Date_____________________ Assistant Attorney General DocuSign Envelope ID: 5A099EE2-9517-4D94-8C53-F57AACE02BD6 4/25/2024 4/25/2024 IGA 23-0009558-I Page 9 of 9 EXHIBIT A Cost Estimate T052501X The Project costs are estimated as follows: Procurement: Federal-aid funds @ 94.3% $14,598.00 Local Agency’s match @ 5.7% $ 882.00 Estimated TOTAL Project Cost $15,480.00 DocuSign Envelope ID: 5A099EE2-9517-4D94-8C53-F57AACE02BD6 EXHIBIT B IGA 23-0009558-I PROGRESS FINAL Name of Vendor Date Started :% Billed % Complete Items CONTRACT AMOUNT Previous Accumulative Amount Current Month Accumulative Amount PER JPA 23-0009558 See Attached $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Submitted By: Date: Approved By:Date: ADOT Project Manager Contract Payables/JPA-PR-FORMAT 8/21/17 Total to Date Total Previous Report Current Report $0.00 $0.00 $0.00 DESCRIPTION Hours ARIZONA DEPARTMENT OF TRANSPORTATION PROGRESS PAYMENT REPORT Estimated Completion Date: 23-0009558IGA Federal-aid No. Name of Project REMIT PAYMENT TO: Town of Fountain Hills T052501X McDowell Mountain Elementary-Fountain Hills Middle-Fountain Hills High Schools SRTS-FTH-0(211)D ADOT Project No. SUMMARY OF WORK FOR WHICH PAYMENT IS REQUESTED 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 ADOT PO # Item No. Report No. DocuSign Envelope ID: 5A099EE2-9517-4D94-8C53-F57AACE02BD6 EXHIBIT B IGA 23-0009558-I PROGRESS FINAL Name of Vendor Date Started :% Billed % Complete Items CONTRACT AMOUNT Previous Accumulative Amount Current Month Accumulative Amount PER JPA 23-0009558 See Attached $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Submitted By: Date: Approved By:Date: ADOT Project Manager Contract Payables/JPA-PR-FORMAT 8/21/17 Total to Date Total Previous Report Current Report $0.00 $0.00 $0.00 DESCRIPTION Hours ARIZONA DEPARTMENT OF TRANSPORTATION PROGRESS PAYMENT REPORT Estimated Completion Date: 23-0009558IGA Federal-aid No. Name of Project REMIT PAYMENT TO: Town of Fountain Hills T052501X McDowell Mountain Elementary-Fountain Hills Middle-Fountain Hills High Schools SRTS-FTH-0(211)D ADOT Project No. SUMMARY OF WORK FOR WHICH PAYMENT IS REQUESTED 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 ADOT PO # Item No. Report No. DocuSign Envelope ID: 5A099EE2-9517-4D94-8C53-F57AACE02BD6