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Home My WebLink AboutRES 12-41RESOLUTION NO. 12-41 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 NON -INFRASTRUCTURE 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 Cycle 6 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, ADOT Project No.:M508301X 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. RESOLUTION NO. 12-41 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 18TH DAY OF DECEMBER , 2012, and SIGNED AND ATTESTED TO THIS 18TH DAY OF DECEMBER , 2012. ap-(44-kg‘.e.a_ N S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 12/3 -t2L RICHARD J. STERN City Attorney RESOLUTION NO. 12-41 PAGE 2 OF 2 ADOT File No.: IGA/JPA 12-0991 AG Contract No.: P0012012002501 Project: Safe Routes To School Section: Apache Junction Federal Project No.: 999-M(068)Z ADOT Project No.: M608301X TIP/STIP No.: FY 11-14 STIP Page 20 Budget Source Item No.: 79413 INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date "beteenbcf-- 7 ,2012, 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 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 and has authorized the undersigned to execute this Agreement on behalf of the City. 3.The Safe Routes to School Program (SRTS) was created by the U.S. Congress as part of a federal transportation bill called SAFETEA-LU.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. 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 creating user friendly Safe Route maps for four schools within the city limits, purchase mobile speed feedback sign, and hire, on an infrequent basis an off duty police officer to enforce school area traffic laws and reward students for proper bicycle pedestrian behaviors.. The Project has been submitted to the State and Federal Highway Administration (FHWA) for their approval. Page 2 IGA/JPA 12-0991 THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows: II.SCOPE OF WORK 1.The State will: a.Upon execution of this Agreement, be the designated agent for the City, if such project is approved by FHWA and project funds are available. b.Review and approve the SRTS application submitted by the City.Verify the City demonstrates the ability to meet the SRTS requirements and provide an environmental review. c.Within thirty (30) days of receipt of a Progress Payment Report (Exhibit A), reimburse the City for eligible costs incurred not to exceed $37,537.50 Any costs incurred prior to the date of the official SRTS Notice to Proceed will not be eligible for reimbursement. d.Will continuously evaluate the City'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 SRTS Project Coordinator maintains the right to discontinue the award. 2.The City will: a.Upon execution of this Agreement, designate the State as the authorized agent for the City, if such project is approved by FHWA and project funds are available. b.Upon receipt of the State's environmental review and the official SRTS Notice to Proceed, begin SRTS Program and activities. , c.On a monthly or quarterly basis,complete and submit a Progress Payment Report (Exhibit A), and all documentation necessary for reimbursement of eligible costs incurred not to exceed $37,537.50 .Any costs incurred prior to the date of the official SRTS Notice to Proceed will not be eligible for reimbursement. d.Communicate regularly with the State Safe Routes to School Program coordinator. e.During the first and last quarter of the school year, conduct surveys of participating classes by using the Student Arrival and Departure Tally (SADT) Sheet (see www.azdot.gov/srts),and enter data into the National Center for Safe Routes To School (NCSRTS) on-line data collection tool at www.saferoutesdata.org. f.Submit to State SRTS Program coordinator the cover/front page of your NCSRTS output as verification of your surveys and the page entitled "Evaluation -- Semi -Annual Data" as documentation for reimbursements to be processed. Page 3 IGA/JPA 12-0991 g.On a semi-annual basis, and along with reimbursement request and data verification, submit a report, not be more than one page in length, of your program's progress. h.Use the funds in a timely manner.The State SRTS has the right to discontinue reimbursements if sufficient progress has not been made. i.Should the City fail to provide the submittal of evaluation data and the number of participating students on a regular basis, the State SRTS maintains the right to discontinue the award. j.At Project completion before the final reimbursement request is submitted, complete and submit the Project Close -Out Evaluation Form. III.MISCELLANEOUS PROVISIONS 1.This Agreement shall remain in force and effect for one school year 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. If the federal funding related to this Project is terminated or reduced by the federal government,or if 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. 2.The parties to this Agreement agree that the State of Arizona shall be indemnified and held harmless by the City 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 cost of work covered by this Agreement is to be borne by FHWA and the City, each in the proportion prescribed or as fixed and determined by FHWA as stipulated in this Agreement. Therefore, the City agrees to furnish and provide the difference between the total cost of the work provided for in this Agreement and the amount of federal aid received. 4.The cost of the project under this Agreement includes applicable indirect costs approved by the Federal Highway Administration (FHWA). 5.The City and 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. 6.This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. 7.This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511. 8.To the extent applicable under law, the provisions set forth in Arizona Revised Statutes § 35-214 and § 35-215 shall apply to this Agreement Page 4 IGA/JPA 12-0991 9.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". 10. 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. 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 Administration 205 S. 17th Avenue, Mail Drop 637E Phoenix, Arizona 85007 (602) 712-7124 (602) 712-3132 Fax Arizona Department of Transportation Safe Routes To School Program Coordinator Attn: Brian Fellows 1615W. Jackson St. EM10 Phoenix, AZ 85007 City of Apache Junction Attn: Heather Patel 300 East Superstition Boulevard Apache Junction, Arizona 85119 (480) 474-2635 (480) 982-7010 Fax For Financial Matters: Attn:Donna Meinerts 300 East Superstition Blvd. Apache Junction, Arizona 85119 (480) 474-5467 (480) 474-5106 13. The Parties shall comply with the applicable requirements of Arizona Revised Statutes § 41-4401. 14. 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. 15. The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as may be amended. 16. 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 5 IGA/JPA 12-0991 IN WITNESS WHEREOF,the Parties have executed this Agreement the day and year first above written. CITY OF APACHE JUNCTION By :101--TN—§71 Mayor ATTEST: ir—ra-f-oo SALACO By ,2iey-rattix_xizen KATHY CONNELLY City Clerk STATE OF ARIZONA Department of Transportation By LAS HAMMIT, P.E. Senior Deputy State Engineer, Development IGPJJPA 12-0991 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 among public agencies which, has been reviewed pursuant to A.R.S. § 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 36 11(day of d e k , 2012. City Attorney .,,I .113Y G. 4> THOMAS C. HORNE OFFICE OF THE ATTORNEY GENERAL ATTORNEY GENERAL TRANSPORTATION SECTION INTERGOVERNMENTAL AGREEMENT DETERMINATION SUSAN E. DAVIS ASSISTANT ATTORNEY GENERAL DIRECT LINE: 602-542-8855 E-MAIL:SUSAN.DAVIS@AZAG.GOV A.G. Contract No. P0012012002501 (IGA/JPA 12-099-I), an Agreement between public agencies, i.e., The State of Arizona and City of Apache Junction, has been reviewed pursuant to A.R.S. §§ 11-952, as amended, 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. DATED:December 7, 2012 THOMAS C. HORNE Attorney General 4m-04 /14 A9a-v-1/4( SUSAN E. DAVIS Assistant Attorney General Transportation Section SED:r1:#2964363 Attachment 1275 West Washington, Phoenix, Arizona 85007-2926 •Phone 602-542-1680 •Fax 602-542-3646