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HomeMy WebLinkAboutRES 09-49RESOLUTION NO. 09-49 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR THE USE OF A SAFE ROUTE TO SCHOOLS GRANT. WHEREAS, the City of Apache Junction, Arizona ("City"), and the Arizona Department of Transportation ("ADOT")desire to enter into an Intergovernmental Agreement ("IGA")allowing City to accept and complete a Safe Route to Schools grant which includes providing educational events and activities at local elementary and middle schools,providing police enforcement of school zones, and providing for the purchase of a mobile traffic control speed sign; and WHEREAS, the parties have crafted a written agreement which sets forth the conditions for such arrangement; and WHEREAS,pursuant to A.R.S.§11-952(A)et seq.,public entities may enter into intergovernmental agreements with other municipalities and government entities for 'joint or cooperative activities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1) The Mayor and City Council approve the Safe Route to Schools Grant Intergovernmental Agreement and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) Management staff is authorized to carry out the goals and objectives of the grant,to include fulfilling all administrative and programmatic requirements. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 20TH DAY OF OCTOBER , 2009, and SIGNED AND ATTESTED TO THIS 20111 DAY OF OCTOBER , 2009. JOHN S. INSALACO Mayor RESOLUTION NO. 09-49 PAGE 1 OF 2 ATTEST: KATHLEEN,CONNELLY. City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 09-49 PAGE 2 OF 2 AG Contract No. P001-2009-003876 ADOT TPD File: JPA 10-014T ProjectiTRACS: PSRTS 39P Section:Safe Routes to School (SRTS) Description:Education Program for Students, Faculty and the Public. INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND CITY OF APACHE JUNCTION THIS AGREEMENT is entered into , 2009, pursuant to Arizona Revised Statutes,Sections 11-951 through 11-954, as amended,between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the CITY OF APACHE JUNCTION, an Arizona Municipal Corporation, acting by and through its CITY COUNCIL (the "City"). The State and the City are collectively referred to as the "Parties", and individually as the State, City, and "Party". I.RECITALS 1.The State is authorized by Arizona Revised Statutes Section 28-401 and 28-334 to enter into this Agreement and has delegated to the undersigned the authority to enter into this Agreement. 2.The City is authorized by Arizona Revised Statutes Section 11-951 to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the City. 3.Federal funds have been authorized in the amount of thirty-four thousand six hundred eighty- seven ($34,687). The Arizona Department of Transportation ("ADOT") has recommended the approval of such funds to be expended pursuant to the tasks proposed in the City's approved application (the "Project")for the Safe Routes to School (SRTS)program,and the State Transportation Board has approved the Project. THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows: Page 2 JPA 10-014 II.SCOPE OF WORK 1.The City shall: a.The City will be fully responsible for administration of the Project through completion. b.Invoice the State on a quarterly basis along with quarterly project status reports.Provide the quarterly program evaluation data with the invoice.Reimbursement for Safe Routes to School (SRTS)funds shall be addressed to Arizona Department of Transportation,ATTN:SRTS Program Coordinator, 206 S. 17thAve., MD310B, Phoenix, AZ 85007, in an amount not to exceed thirty-four thousand six hundred eighty-seven dollars ($34,687). c.Reimbursements shall be requested utilizing Exhibit A, attached hereto and made part thereof. Expenditures to be reimbursed by ADOT must be supported by invoices, receipts, or other suitable and appropriate documentation. A final accounting report must be submitted no later than thirty (30) calendar days after SRTS funds are fully expended. d.May purchase the respective giveaway items for the October 2009 Walk/Bike school events effective September 2009. The City may not purchase any items related to the Mobile Feedback signs until this Agreement has been executed. e.Provide the State a copy of any executed Project contract(s). f.Expend the State SRTS funds no later than twenty four (24) months after the effective date of this Agreement. g.Comply with all applicable State, Federal and local requirements. The City will comply with all applicable provisions of Titles 23 (FHWA) and 49 (United States DOT) and other applicable Codes of Federal Regulations (C.F.R's).All procurements will be completed in accordance with Exhibit B, attached hereto, and made part thereof. (See "Miscellaneous Provisions", Section 11 for procurement contact information.) 2.The State will: a.Within thirty (30)calendar days after receipt and approval of the SRTS contract(s)and subsequent monthly progress payment invoices, reimburse the City for work completed on the Project in an amount not to exceed thirty-four thousand six hundred eighty-seven dollars ($34,687). b.Will review the National Environmental Policy Act (NEPA) environmental document (Categorical Exclusion CE), Environmental Assessment (EA), or Environmental Impact Statement (EIS) for the City and after ensuring that it is in order, will process Environmental Clearance (attached). III.MISCELLANEOUS PROVISIONS 1.The State assumes no financial obligation or liability under this Agreement. The City assumes full responsibility for cost over -runs and claims.It is understood and agreed that the State's participation is confined solely to securing federal aid.Any damages arising from carrying out, in any respect, the terms of this Agreement or any modification thereof, shall be solely the liability of the City.The City hereby agrees to save and hold harmless and indemnify from loss the State, any of its departments, agencies, officers or employees from any and all cost and/or damage Page 3 JPA 10-014 incurred by any of the above and from any other damage to any person or property whatsoever which is caused by any activity,condition,or event arising out of the performance or nonperformance of any provisions of this Agreement by the State, any of its departments, agencies, officers and employees, the City, or any of its agents, officers and employees, or any of its independent entities.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 or attorneys' fees.Notwithstanding any of the foregoing, the City's obligations to hold harmless and indemnify do not extend to damages caused by the negligence or intentional bad acts by the State or any of its agents. 2.The total amount of SRTS funds expended under this Agreement shall not exceed the total Project cost.Should the Project not be completed, be partially completed, or be completed at a lower cost than the amount, or for any other reason should any of these SRTS funds not be expended, the amount of the funds provided under this Agreement shall be proportionately reduced. 3.This Agreement shall remain in force and effect for twenty four (24) months from the date of execution, to also include final reimbursement and submittal of final status reports; provided, however, that this Agreement, except any provisions herein for maintenance, which shall be perpetual, unless assumed by another governmental agency, may be cancelled at any time prior to the award of a contract, upon thirty (30) calendar days written notice to the other party. Further, this Agreement may be terminated and the SRTS grant cancelled by the State if the City, in the opinion of and by action of the Transportation Board, fails to pursue due diligence on the Project or in the performance of any of the terms of this Agreement. 4.This Agreement shall become effective upon filing with the Arizona Secretary of State. 5.This Agreement may be cancelled in accordance with Arizona Revised Statutes Section 38-511 as regards to conflicts of interest. 6.The provisions of Arizona Revised Statutes Section 35-214 pertaining to 5 -year records retention and audit by the State are applicable to this contract. 7.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 in Arizona Revised Statutes Section 12-1518. 8.In accordance with Arizona Revised Statutes Section 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. 9.Non -Availability of Funds.Every payment obligation of the State under this contract is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation.If funds are not allocated and available for the continuance of this contract, this contract may be terminated by 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 or for any damages as a result of termination under this paragraph. 10. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, USC. 12101-12213) and all applicable federal regulations under the ACT, Page 4 JPA 10-014 including 28 CFR Parts 34 and 36.(Non -Discrimination.The City shall comply with Executive Order 99-4, which mandates that all persons, regardless of race, color, religion, sex age, national origin or political affiliation shall have equal access to employment opportunities, and all other applicable state and federal employment laws, rules and regulations, induding the Americans with Disabilities Act.The City shall take affirmative action to ensure that applicants for employment and employees are not discriminated against due to race, creed, color, religion, sex, age, national origin or political affiliation or disability.) 11. To the extent applicable under Arizona Revised Statutes Section 41-4401, each Party and its subcontractors warrants their .compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E -verify requirements under Arizona Revised Statutes Section 23-214(A).A breach of the above -mentioned warranty by any Party or its subcontractors shall be deemed a material breach of the Agreement and may result in the termination of the Agreement by the non -breaching Parties.Each Party retains the legal right to randomly inspect the papers and records of the other Parties' or its subcontractors' employees who work on the Agreement to ensure that the Parties or its subcontractors are complying with the above -mentioned warranty. 12. Pursuant to Arizona Revised Statutes Sections 35-391.06 and 35-393.06, each Party certifies that it does not have a scrutinized business operation in Sudan or Iran.For the purpose of this Section the term "scrutinized business operations" shall have the meanings set forth in Arizona Revised Statutes Section 35-391 or 35-393, as applicable.If any Party determines that another Party submitted a false certification, that Party may impose remedies as provided by law including terminating this Agreement. 13. All notices or demands upon any party to this Agreement, except as otherwise specified herein, shall be in writing and shall be delivered in person or sent by mail addressed as follows: For Contract Issues Arizona Department of Transportation Mary Ann Roder, Manager Multimodal Planning Division Admin 206 South 17th Ave., Mail Drop 310B Phoenix, AZ 85007 Phone: 602-712-4848 FAX: 602-712-3046 mroderaazdot.ciov For Proiect Issues Arizona Department of Transportation Brian Fellows, Project Manager Multimodal Planning Division 206 South 17th Avenue, Mail Drop 310B Phoenix, AZ 85007 Phone: 602-712-8010 FAX: 602-712-3046 bfellowsAazdot.gov Heather Patel City of Apache Junction 300 East Superstition Blvd. Apache Junction, AZ 85119 Phone: 480-474- 2635 FAX: 480-474-5102 hpatelealcitv.net Heather Patel City of Apache Junction 300 East Superstition Blvd. Apache Junction, AZ 85119 Phone: 480-474- 2635 FAX: 480-474-5102 hpatel©ajcity.net Page 5 JPA 10-014 For Procurement Assistance Arizona Department of Transportation Valarie Vacanari ADOT Procurement 1739 W. Jackson, Suite A, Mail Drop 100P Phoenix, AZ 85007 Phone: 602-712-7211 FAX 602-712-8647 Vvacanariaazdot.(30V IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By Mayor, John S. lnsalaco JENNIFER TOTH, Division Director Multimodal Planning Division ATTEST: DATE DATE City Clerk DATE Page 6 JPA 10-014 APPROVAL OF CITY OF APACHE JUNCTION LEGAL COUNSEL I have reviewed the above referenced proposed intergovernmental agreement, BETWEEN the ARIZONA DEPARTMENT OF TRANSPORTATION, MULTIMODAL PLANNING DIVISION, and CITY OF APACHE JUNCTION and declare this agreement to be in proper form and within the powers and authority granted to CITY OF APACHE JUNCTION 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 2009. Richard J. Stem Attorney for CITY OF APACHE JUNCTION