HomeMy WebLinkAboutRES 11-43RESOLUTION NO. 11-43
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 ROUTES TO SCHOOL NONINFRASTRUCTURE 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 Routes to School grant which
includes providing educational events and activities at local
elementary and middle schools and providing police enforcement;
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)at 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.
RESOLUTION NO. 11-43
PAGE 1 OF 2
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 20TH DAY OFSEPTEMBER , 2011, and
SIGNED AND ATTESTED TO THIS 20TH DAY OF SEPTEMBER,2011.
aCHN S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 11-43
PAGE 2 OF 2
ADOT File No.:IGA/JPA 11-1351
AG Contract No.: P001 2011 002781
Project: Safe Routes to School
Section: Various Schools
ADOT Project No.:M504411X
TIP/STIP Item No.:NA
Budget Source Item No.:79411
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
CITY OF APACHE JUNCTION
THIS AGREEMENT is entered into this date , 2011, 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") and the CITY
OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the "City").The State
and the City 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 City is empowered by Arizona Revised Statutes § 48-572 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 on behalf of the City.
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.The recipient has up to twenty-four (24)
months to expend the funds, unless otherwise specified. The State and the City have identified programs
within the City as eligible for this funding.
4.The City as a recipient of this SRTS grant must comply with Arizona State Procurement Code for
the purchase of materials and/or services.
5.The purpose of this Agreement between the State and the City is to 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 bicycle rodeos, National Safe Walk to School Days, monthly Walk
to School Program, Neighborhood Walking School Bus Challenges and classroom challenge events.The
City will also use the services of crossing guards, park rangers and police department officers. The
Project has been submitted to the State and Federal Highway Administration (FHWA) for their approval.
Page 2 IGA/JPA 11-1351
ADOT Project No. M504411X
Federal Aid @ 100% (capped)
Total Estimated Project Cost
$35,000.00
$35,000.00
The Parties acknowledge that the final bid amount may exceed the initial estimate(s) shown above, and in
such case, the City is responsible for, and agrees to pay, any and all eventual, 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 City
acknowledges it remains responsible for, and agrees to pay according to the terms of this Agreement,
any and all eventual, actual costs exceeding the final bid amount.
THEREFORE,in consideration of the mutual covenants expressed herein, it is agreed as follows:
II.SCOPE OF WORK
1.The State will:
a.Submit all documentation required to the FHWA containing the above -mentioned Project with
the recommendation that funding be approved for implementation and funding, on behalf of the City.If
such Project is approved by the FHWA and the funds are available the State with the aid and consent of
the FHWA in accordance with SAFETEA-LU funding,authorizes the City to proceed with the work
covered in the application and will request the maximum Federal funds available.
b.Not be obligated to incur any expenditure on behalf of the City.Should costs exceed the
maximum Federal funds available or unforeseen conditions or circumstances increase the cost of said
work required by a change in the Project, it is understood and agreed that the City will be responsible for
any overage.
c.No more than monthly and within thirty (30) days of receipt and approval of an invoice from
the City, the State will reimburse the City with Federal funds up to $35,000.00 of eligible Project costs.
d.Not be obligated for any possible maintenance that may arise from the implementation of the
Project.
2.The City will:
a.Upon concurrence and authorization of FHWA and State, proceed with the development and
implementation plans for the Project in the format covered in the application.
b.Be responsible for all costs, should costs exceed the maximum Federal funds available, it is
understood and agreed that the City will be responsible for any overage.
c.Provide the personnel to self administer this Project using Arizona procurement procedures,
proceed to advertise for, receive and open bids or proposals and enter into a contract(s) with a firm(s) to
whom the award is made.
d.Be obligated to incur any expenditure should unforeseen conditions or circumstances
increase the cost of said work required by a change in the extent of scope of the work requested by the
City.Such changes require the prior approval of the State.
e.Within thirty (30) days of paying for goods and services under this Agreement and no more
than monthly invoice the State for incurred, eligible Project costs up to $35,000.00.
Page 3 IGA/JPA 11-1351
f.Be entirely responsible for all costs incurred in performing and accomplishing the work as set
forth in this Agreement not covered by Federal funding.
g.Upon completion of the Project, agree to accept, maintain and assume full responsibility of
said Project including any possible maintenance that may arise from the implementation of the Project.
III.MISCELLANEOUS PROVISIONS
1.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 provision 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) days written notice to the other party. It is understood and agreed that, in the event the City
terminates this Agreement, the State shall in no way be obligated to maintain said Project.
2.The State assumes no financial obligation or liability under this Agreement, or for any resulting
construction Project. The City,in regard to the City'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.It is
understood and agreed that the State's participation is confined solely to securing federal aid on behalf of
the City and the fulfillment of any other responsibilities of the State as specifically set forth herein; that
any damages arising from carrying out, in any respect, the terms of this Agreement or any modification
thereof shall be the liability of the City and that to the extent permitted by law, the City hereby agrees to
save, defend and hold harmless and indemnify from loss the State, any of its 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,which is caused by any activity,condition,
misrepresentation, directives, instruction or event arising out of the performance or non performance of
any provisions of this Agreement by the State, any of its departments, agencies, officers and employees,
or its independent contractors, the City, 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.This agreement shall remain in force and effect until completion of the work and related deposits
and reimbursements.
4.The total funding of the federal funds 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 that
the amount Federal funded, or for any other reason, should any of these Federal funds not be expended,
the amount of the funds provided under this Agreement shall be proportionately reduced.
5.Notify the State in writing within sixty (60) days of completion of the Project.The State will
deobligate any remaining federal funds from the Project.
6.The cost of the Project under this Agreement includes applicable indirect costs approved by the
Federal Highway Administration (FHWA).
7.The City and the State warrant compliance with the Federal Funding Accountability and
Transparency Act of 2006 and associated 2008 Amendments (the "Act").Additionally,in a timely
manner, the City 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.
8.This Agreement shall become effective upon signing and dating of the Determination Letter by
the State's Attorney General.
Page 4 IGA/JPA 11-1351
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. 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.
12. 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
Joint Project Administration205 S. 17th Avenue, Mail Drop 637E
Phoenix, Arizona 85007
(602) 712-7124
(602) 712-3132 Fax
City of Apache Junction
Attn: Heather Patel
300 E Superstition Blvd
Apache Junction, Arizona 85119-2825
(480) 474-2635
hpatel@ajcity.net
For City Financial Matters:
Donna Meinerts, Finance Director
300 E Superstition Blvd
Apache Junction, Arizona 85119
(480) 474-5451
(480) 982-7010 Fax
13. 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 09-09 issued by the Governor of the State of Arizona and incorporated herein by reference
regarding "Non -Discrimination".
14. 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.
15. Compliance requirements for Arizona Revised Statutes §41-4401—immigration laws and
E -Verify requirement:
a.The City warrants compliance with all Federal immigration laws and regulations relating to
employees and warrants its compliance with Arizona Revised Statutes § 23-214(A).
b.A breach of a warranty regarding compliance with immigration laws and regulations shall be
deemed a material breach of the contract, and the City may be subject to penalties up to and including
termination of the Agreement.
c.The State retains the legal right to inspect the papers of any employee who works on the
Project to ensure that the City or subcontractor is complying with the warranty under paragraph (a).
Page 5 IGA/JPA 11-1351
16.Pursuant to Arizona Revised Statutes § 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 §
35-391 and/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.
17. The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as
may be amended.
18. 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.
IN WITNESS WHEREOF,the Parties have executed this Agreement the day and year first above written.
CITY OF APACHE JUNCTION
JOHN INSALACO
Mayor
ATTEST:
By
KATHY CONNELLY
City Clerk
STATE OF ARIZONA
Department of Transportation
By
SAM MAROUFKHANI, P.E.
Deputy State Engineer, Development
JPA 11-1351
ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION
I have reviewed the above referenced Intergovernmental Agreement between the State of
Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE
JUNCTION, an Agreement between 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 City 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 Sev+e"401 ,2011.
City Attorney