HomeMy WebLinkAboutRes 2014-25RESOLUTION NO.2014-25
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA,APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH THE STATE OF ARIZONA RELATING TO TRAFFIC
ACCIDENT ANALYSIS SOFTWARE.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1.TheIntergovernmentalAgreementwiththeState of ArizonaDepartment
of Transportation relatingto procurement and implementation oftrafficaccidentanalysis
software(the"Agreement")isherebyapprovedinsubstantiallytheformattachedheretoas
Exhibit Aand incorporated herein by reference.
SECTION 2.TheMayor,theTownManager,theTown Clerk andtheTownAttorney
arehereby authorized anddirectedtocausetheexecutionoftheAgreementandtotakeallsteps
necessary to cany outthe purpose and intent of this Resolution.
PASSED AND ADOPTED bythe Mayor and Council of theTown of Fountain Hills,
Arizona,June 5,2014.
FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO:
LindaM.Kavariagh,Mayor
'A
Bevelyn J.Berfder,flown Clerk
REVIEWED BY:APPROVED AS TO FORM:
Kenneth W.Buchanan,Town Manager AncTrew J.McGuire,Town Attorney
2164753.
2164753.1
EXHIBIT A
TO
RESOLUTION NO.2014-25
[Agreement]
See following pages.
ADOT CAR No.:IGA /JPA 14-0004153-1
AG Contract No.:P001 2014 001207
Project:Crash MagicOnlineSoftware
Federal-aid No.:FTH-0(209)T
ADOT Project No.:SH625 01D/01X
TIP/STIPNo.:CHN14-111
CFDA No.:20.205 -Highway Planning
and Construction
Budget Source Item No.:HSIP
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
TOWN OF FOUNTAIN HILLS
THIS AGREEMENT is entered into this date uU\(\C \(p 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 TOWNOFFOUNTAINHILLS,acting by and through itsMAYOR and TOWNCOUNCIL (the "Town").
The State and the Town 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 Town is empowered by Arizona Revised Statutes §9-240 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 Town.
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.
4.The purpose ofthis Agreement between the State and the Town isto allow the State to acquire
federal funds to upgrade the Town's crash data analytical software.The federal funds will be used for the
procurement of the license,installation and configuration of the software,data migration from the Town's
existing database to the new system and State administration,hereinafter referred to as the "Project".
5.The Parties shall 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.
Page 2
6.The estimated Project costs are as follows:
SH625 01D (Scoping/Design):
Federal-aid funds @ 94.3%(capped)
Town's match @ 5.7%
Subtotal -Scoping/Design*
SH625 01X (Procurement):
Federal-aid funds @ 94.3%(capped)
Town's match @ 5.7%
Subtotal -Procurement
Summary:
Total Estimated Town Funds
Total Federal Funds
IGA/J PA 14-0004153-1
$3,536.00
$214.00
$3,750.00
$23,575.00
$1.425.00
$25,000.00
$1,639.00
$27.111.00
TOTAL Project Cost $28,750.00
•(Includes the ADOT Project Management Design Review (PMDR)costs)
The Parties acknowledge that the final Project costs may exceed the initial estimate(s)shown above,and
in such case,theTownis responsible for,and agrees topay,anyand all eventual,actual costs exceeding
the initial estimate.If the final cost amount is less than the initial estimate,the difference between the final
cost amount and the initial estimate will be de-obligated or otherwise released from the Project.The Town
acknowledges it remains responsible for,and agrees to pay according to the terms ofthis Agreement,
any and all eventual,actual costs exceeding the finalbid amount.
THEREFORE,in consideration of the mutual Agreements expressed herein,itis agreed as follows:
II.SCOPE OF WORK
1.The State will:
a.Upon execution ofthis Agreement,be the designated agent for the Town,in order to acquire
funds,as approved by.
b.Upon execution ofthis Agreement,and priorto performing or authorizing any work,invoice
theTownfor the Town's share ofthe Project design costs,currently estimated at $214.00.If,during the
development of the design,additional funding from the Town is required,the State will invoice the Town
in increments of $5,000.00 to cover projected costs.Once the Project costs have been finalized,the
State will either invoice or reimburse the Town for the difference between estimated and actual design
costs.
c.Procure the cost of the equipment and instruct the vendor to deliver equipment directly to the
Town forfinal acceptance and tobill the Town directly.The State will reimburse the Town 94.3%of the
federal funds allocated forthis Project notto exceed atotalof $23,575.00 withinthirty days (30)of
receipt,inspection and final approval of an invoice for equipment purchased under this Agreement.
Page 3 IGA/JPA 14-0004153-1
d.EvaluatetheTown'sProjectone(1)yearafter reimbursement to ensure Projectdevelopment
and implementation.Should the Project notbein place and/or compatible,the State will invoicetheTown
forall federal funds acquired for the Project.
2.The Town will:
a.Upon execution ofthis Agreement,designate the State as the authorized agent fortheTown,
in order tobeeligiblefor federal funds,as approved byFHWA.
b.Uponexecutionofthis Agreement andpriortoperformingorauthorizinganywork,and within
thirty (30)daysofreceiptofaninvoice from theStatepaytheTown'sProjectdesigncosts,currently
estimatedat $214.00.If,during thedevelopmentofthedesign,additional funding tocoverthedesign
costs isrequired,paytheinvoicedamounttothe State within thirty(30)daysofreceipt.Beresponsible
forany difference between the estimated and actual design costs oftheProject.
c.Invoice the State withinthirty(30)days ofmaking payment for equipment,for reimbursement
ofeligible costs incurred bytheTown,and provideall necessary backup documentation with said invoice.
Beentirely responsible forall costs incurredinperformingand accomplishing thework as set forthinthis
Agreement not covered by federal funding.
d.Withinone(1)year ensure Project development andimplementation.ShouldtheProjectnot
bein place and/or compatible within one (1)year after federal funds were made available,the Town will
repay all federal funds received for the Project.
e.Establishandmaintaina data inventoryofbeforeandafter crashes forthis safety
improvement project in order foran analysis and evaluation tobe carried out as requested byADOT.
f.Purchase and install the equipment acquired under this Agreement and maintain all
improvements provided bythis Project for the entire design lifeof the equipment.
g.Notify the State when all equipment has been installed and is ready for inspection.
III.MISCELLANEOUS PROVISIONS
1.This Agreement may be terminated at any timepriorto the implementation of the Project,upon
thirty(30)days written notice to the other party.Itis understood and agreed that,in the event the Town
terminates this Agreement,the Town will be responsible forall costs incurred by the State upto the time
of termination.Itis further understood and agreed that inthe event the Town terminates this Agreement,
the State shall inno way be obligated to maintain said Project.
2.The State assumes nofinancial obligation orliability under this Agreement,orfor any resulting
construction Project.The Town,in regard to the Town's relationship with the State only,assumes full
responsibility for the design,plans,specifications,reports,the engineering in connection therewith and
the construction of the improvements contemplated,cost over-runs and construction claims.Itis
understood and agreed that the State's participation is confined solely to securing federal aid and related
matters;that any damages arising from carrying out,in any respect,the terms ofthis Agreement or any
modification thereof shall be solely the liabilityof the Town and that to the extent permitted bylaw,the
Town hereby agrees to save and hold harmless and indemnify from loss the State,any ofits
departments,agencies,officers or employees from any and all costs and/or damage incurred by any of
the above and from any other damage to any person or property whatsoever,whichis caused by any
activity,condition,misrepresentation,directives,instruction or event arising out of the performance or
non-performance of any provisions ofthis Agreement by the State,any ofits departments,agencies,
officers and employees,orits independent contractors,the Town,any ofits agents,officers and
Page 4 IGA/JPA 14-0004153-1
employees,orits independent contractors.Costs incurredbythe State,anyofits departments,agencies,
officersor employees shallincludeinthe event ofanyaction,court costs,and expenses oflitigationand
attorneys'fees.
3.TheTown warrant compliance withthe Federal Funding Accountability and Transparency Actof
2006 and associated 2008 Amendments (the "Act").Additionally,inatimely manner,the Town will
provide information that is requested bythe State to enable the State to comply withthe requirements of
the Act,as may be applicable.
4.TheTown acknowledges compliance with federal laws and regulations and maybe subject tothe
Officeof Management and Budget (OMB),Single Audit,Circular A-133 (Auditsof States,Local
Governments,andNon-Profit Organizations).Entitiesthat expend $500,000 ormore(priorto12/26/14)
and ($750,000 ormoreonorafter12/26/14)ofFederal assistance (Federal funds,Federal grants,or
Federal awards)are required tocomplybyhavingan independent audit.A copy (paper or electronic)of
theSingleAuditistobe sent toArizona Department of Transportation Financial Management Services
within the required deadline ofnine(9)months of the sub recipient fiscal year end.
ADOT -FMS
Cost Accounting Administrator
206 S 17th Ave.Mail Drop 204B
Phoenix,AZ 85007
Sinaleaudit@azdot.gov
5.This Agreement shall become effective upon signing and dating of the Determination Letterby
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 forthin Arizona Revised Statutes §§35-214
and 35-215 shall apply to this Agreement.
8.This Agreement is subject toall 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-Availabilityof Funds:Every obligation of the State under this Agreement is conditioned upon
the availability of funds appropriated or allocated for the fulfillmentof such obligations.If funds are not
allocated and available for the continuance ofthis Agreement,this Agreement may be terminated by the
State at the end of the period for which the funds are available.Noliability 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 ofthis Agreement,the Parties hereto agree
to abide by required arbitration as is set forthforpublic 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 bymail,addressed as follows:
Page 5
Arizona Department of Transportation
Joint Project Administration
205S.17th Avenue,Mail Drop 637E
Phoenix,Arizona 85007
(602)712-7124
(602)712-3132 Fax
Intermodal Transportation Division
Traffic Records Section
206S.17,h Ave,Mail Drop 064R
Phoenix,AZ 85007-3233
IGA/JPA 14-0004153-1
For Administrative Notice:
Town of Fountain Hills
Attn:Ken Valverde
16705 East Avenue of the Fountains
Fountain Hills,AZ 85268
(480)816-5126
For Legal Notices:
Town of Fountain Hills
Attn:Kenneth W.Buchanan,Town
Manager
16705 East Avenue of the Fountains
Fountain Hills,AZ 85268
With Copy to:
Gust Rosenfeld,PLC
Attn:Andrew J.McGuire
One East Washington Street
Suite 1600
Phoenix,Arizona 85004
12.The Parties shall comply with the applicable requirements of Arizona Revised Statutes §41-4401.
13.The Parties hereto shall comply withall 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 isin proper form.
IN WITNESS WHEREOF,the Parties have executed this Agreement the day and year first above written.
TOWN OF FOUNTAIN HILLS
By
JA M KAVANAGH
Mayor
ATTEST:
BEVELYN J BENDER
Town Clerk
STATE OF ARIZONA
Department of Transportation
By fZMzJjL*^3^
Dallas hammit,p.e.
Senior Deputy State Engineer,Development
IGA/JPA 14-0004153-1
ATTORNEY APPROVAL FORM FOR THE TOWN OF FOUNTAIN HILLS
I have reviewed the above referenced Intergovernmental Agreement between the State of
Arizona,acting by and through its DEPARTMENT OF TRANSPORTATION,and the TOWNOF
FOUNTAIN HILLS,an agreement among public agencies which,has been reviewed pursuant toArizona
Revised Statutes §§11-951 through 11-954 and declare this Agreement tobein 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 intothis Agreement.
DATED this J*day of Q^a<l ,2014.
few J McGuire
Town Attorney
Thomas C.Horne
Attorney general
r *Mm JPk V
Office of the Attorney General
Transportation Section
INTERGOVERNMENTAL AGREEMENT
DETERMINATION
SUSAN E.DAVIS
ASSISTANT ATTORNEY GENERAL
Direct Line:602-542-8855
e-mail:SUSAN.DAVIS(S)AZAG.gov
A.G.Contract No.P0012014001207 (ADOT IGA/JPA 14-0004153-1),an Agreement
between public agencies,theStateof Arizona andTownof Fountain Hills,hasbeen
reviewed pursuantto A.R.S.§§11-952,asamended,bythe undersigned Assistant
Attorney General who has determined that it is in theproper form andis within the powers
and authority granted to the State of Arizona.
No opinion is expressed astotheauthorityoftheremainingParties,otherthanthe
State orits agencies,to enter into said Agreement.
DATED:June 16,2014
SED:rl:#3851612
Attachment
THOMAS C.HORNE
Attorney General
SUSAN E.DAVIS
Assistant Attorney General
Transportation Section
1275 LUest Washington,Phoenix,Arizona 85007-2926 •Phone 602-542-7680 •Fax 602 -542-3646