HomeMy WebLinkAboutRES 19-18 RESOLUTION O. 19-15
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF AP ACHE
JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH THE ARIO A DEPARTMENT O
TRANSPORTATION ("'A DOT") TO UTILIZE CONTRACT (S) SOLICITED AND
ESTABLISHED BY ADOT PROCUREMENT FOR THE PURCHASE AND PAYMENT OF
A PARTICULATE TT R- ("'PM") CERTIFIED STREET SWEEPER.
WHEREAS, the State of Arizona ("State") and the City of
Apache Junction, an Arizona municipal corporation ("'City") (the
"Parties") , desire to enter into an Intergovernmental Agreement
(" GA") allowing City to participate in the State' s procurement
contracts to acquire a P -10 certified street sweeper; and
WHEREAS, the City through the Maricopa Association of
Governments ("MAG") has approved and programmed congestion
mitigation and air duality federal funds available to the City
for the procurement of a PM-10 certified street sweeper. A P -1
certified street sweeper is a street sweeper that is certified
y the South Coast Air Quality Management District ("SCA D") as
meeting SCAQMD Rule 1186 certification standards; and
WHEREAS, the parties have crafted a written agreement which
sets forth the conditions for such arrangement; an
WHEREAS, pursuant to A.R. S. § -952 (A) and § 2 -401,
public entities may enter into agreements with each other for
joint or cooperative activities see Attachment A.
O , THEREFORE, IT RESOLVED Y THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS:
1) The mayor and city council hereby approve the
intergovernmental agreement set forth in Attachment A and
the mayor is hereby authorized to sign the agreement on
behalf of the City.
2) The city manager and/or his designee is authorized and
directed to take all steps necessary to carry out the
purpose and intent of this resolution.
RESOLUTION NO. 19-18
PAGE 1 OF 2
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARZO A, THIS DAY OF
2019.
SIGNED AND ATTESTED O THIS DAY OF J14&L 219
JEFF *DY4--
Mayor
ATTEST:
� E LY
City C1er
.
APPROVED TO FOR... .
cl �5��a - � 9
RICHARD J. STERN
City Attorney
RESOLUTION O. 19-1
PAGE 2 OF 2
Attachment A
ADOT CAR No.: IGA 19-007361-1
AG Contract No.: P001 00xxxx
Project Location/Name: PM-10 Certified
Street Sweepers
Type of or : Procurement
Federal-aid No.:
ADOT Project No.:TBD
TIP/STIP No.:N/A
CFDA No.: 20.205-Highway Planning
and Construction
Budget Source Item No.:
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
THE CITY OF APACHE JUNCTION
THIS AGREEMENT is entered into this date q, 2,0'1 pursuant to the Arizona
Revised Statutes ("A.R.S.") §§ 11-951 through 11-954, between the STATE OF ARIZONA,acting by
and through its DEPARTMENT OFT STTI (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"or individually as"Party."
I. RECITALS
1. The State is empowered by A.R.S.§28-401(B)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 A.R.S.§48-572 (13)(1)to enter into this Agreement and has by
resolution,resolved to enter into this Agreement and has authorized the undersigned to
execute this Agreement on behalf of the City.
3. The Maricopa Association of Governments ("MAG") Regional Council approved the
Prioritized List of Proposed PM-10 Certified Street Sweeper Projects for FY 2019 CMAQ
Funding on November 28,2018.The MAG Transportation Improvement Program("TIP")
has programmed Congestion Mitigation and Air Quality("CMAQ") federal funds available to
the City for the procurement of PM-10 Certified Street Sweepers ("Street Sweeper(s)").A
PM-10 Certified Street Sweeper is a street sweeper that is certified by the South Coast Air
Quality Management District("SCAQMD") as meeting SCAQMD Rule 1186 certification
standards.
4. The purpose of this Agreement is to allow the City to utilize contract(s) solicited and
established by ADOT Procurement for the purchase,payment to the supplier by the City,
and reimbursement of PM-10 Certified Street Sweeper(s).
Pagel of
IGA 1 - 7 1-I
in consideration of the mutual terms expressed in this Agreement, it is agreed as
follows:
IL SCOPE OF WORK
1. The Parties agree:
a. After funding is authorized, MAG will send a notice to proceed letter(" TP") and ADOT
Procurement will solicit and enter into a contract(s)with authorized supplier(s) for the
purchase of Street Sweeper(s). The City will utilize T's Procurement process and
resultant contract(s) as developed and entered into for the procurement of the Street
Sweeper(s) and issue a purchase order to the authorized supplier.
. The City will make all payments directly to the vendor,and be responsible for all costs
incurred for the purchase of the Street Sweeper(s).
c. Within 30 calendar days after payment for the Street Sweeper(s),the City will submit an
invoice,including all back-up documentation,to MAG for review and approval,of
eligible costs incurred by the City for the purchase of the Street Sweeper(s) at a cost not
yet determined but will not exceed the federal funds programmed and approved in the
amount of$239,388.00.Any costs incurred prior to the date of the official Notice to
Proceed will not be eligible for reimbursement.
d. Within 30 calendar days after receipt of the MAG approved invoice,the State will
reimburse the City for the federal funds programmed and approved for the
procurement of the Street Sweeper(s).
e. The City will procure the Street Sweeper(s) and request reimbursement within one year
after the date of the MAG NTP letter,reimbursements must be completed by June 3th,
2020.
£ To comply with the ADOT Federal Property Management Standards for the Street
Sweeper(s) purchased.
. The City shall maintain and operate the Street Sweeper(s) for its useful life and contact
G prior to disposal.Within 30 calendar days after disposal of the Street Sweeper(s)
return the federal share of the proceeds to ADOT.
. The City will comply with applicable requirements prescribed by MAG with respect to
Street Sweeper(s)and related activities.
III. 4ISCELLANEOUS
1. This Agreement shall become effective upon signing and dating of the Determination Letter
by the State's Attorney General.
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IGA 19-0007361-1
2. The terms,conditions and provisions of this Agreement shall remain in full force and effect
until all related purchases and reimbursements are complete.Any provisions for
maintenance shall be the responsibility of the City for the useful life of the Street Sweeper(s)
and in compliance with the ADOT Federal Property Management Standards,as specified
above in Section 11.
3. This Agreement may be cancelled after 30 calendar days written notice to the other Parties.
It is understood and agreed that,in the event the City terminates this Agreement,the City
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 City terminates this Agreement,the
State shall in no way be obligated to procure or maintain records or documentation
associated with the Street Sweeper(s).
4. The City shall indemnify,defend,and hold harmless the State,any of its departments,
agencies,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 City,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 City'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 City which may be legally imputed to the State by virtue of the State's
ownership or possession of land.The City's obligations under this paragraph shall survive
the termination of this Agreement.
5. The cost under this Agreement is to be covered by programmed federal funds,up to the
maximum available.The City acknowledges that actual 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 City agrees to pay the difference between actual
costs and the federal funds received.
6. Should the federal funding 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.
7. 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 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. The City acknowledges and will comply with Title VI of the Civil Rights Act Of 1964.
9. The City 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
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IGA 19-0007361-1
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.
ADOT-FMS
Attn: Cost Accounting Administrator
206 S 17th Ave. Mail Drop 204B
Phoenix,AZ 85007
SingleAudit0azdot.gov
10. This Agreement shall be governed by and construed in accordance with Arizona laws.
11. This Agreement may be cancelled in accordance with A.R.S.§38-511.
12. The City shall retain all books,accounts,reports,files and other records relating to the
Agreement for five years after completion of the reimbursement.These documents shall be
subject at all reasonable times to inspection and audit by the State.Such records shall be
produced by the City at the request of ADOT.
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 2009-09 issued by the Governor of the State of Arizona and
incorporated in this Agreement by reference regarding"Non-Discrimination."
14. 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 is 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. 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.
16. The Parties shall comply with the applicable requirements of A.R.S.§41-4401.
17. The Parties shall certify that all contractors comply with the applicable requirements of
ARS.§35-393.01.1
18. The Parties shall comply with all applicable laws,rules,regulations and ordinances,as may
be amended.
In Jordahiv.Brnovich et al.,Case No.3:17-cv-00263(D.Ariz.),the U.S.District Court entered a preliminary Injunction that enjoins the State from enforcing A.M.§35-393.01(A)(the
"Anti-Israel Boycott Provision).That statute states that:"[a]public entity may not enter into a contract with a company to acquire or dispose of services,supplies,information
technology or construction unless the contract Includes a written certification that the company is not currently engaged In,and agrees for the duration off the contract to not engage
In,a boycott of Israel."Unless and until the District Courts Injunction Injordahl is stayed or lifted,the Anti-Israel Boycott Provision(A.R.S.§35-393.01(A))Is unenforceable and the
State will take no action to enforce It
Page 4 of 6
IGA 19-0007361-1
19. 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:
For ALTeement Administration:
Arizona Department of Transportation City of Apache junction
Joint Project Agreement Section Attn: Public or Director
205 S. 171h Avenue, Mail Drop 637E 575 E. Baseline Ave.
Phoenix,AZ 85007 Apache junction,AZ 85119
IPABranch@azdot.gov Phone#480.474.8516
Fax#480.983.5752
For Proiect Administration:
Arizona Department of Transportation
Local Public Agency Section
205 S. 17th Avenue,Suite 291
Phoenix,AZ 85007
LocaIPublicAgencySection@azdot.Fov
For Financial Adminigtratign:
Arizona Department of Transportation
Local Public Agency Section
205 S. 17th Avenue, Mail Drop 6XXE
Phoenix,AZ 85007
Local PublicAgencyS ecti o n@azdot.gov
20. In accordance with A.R.S.§ 11-952 (D),attached and incorporated in this Agreement 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.
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
JEFF SERDY STEVE BOSCHEN,PE
Mayor Division Director
ATTEST:
By
KATHY CONNELLY
City Clerk
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IGA 19-0007361-1
ATTORNEY APPROVAL FORM FQR THE CITY QF APACHE JUNCTION
I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona,
acting by and through its DEPARTMENT OFT STTI ,and the CITY OF APACHE
JUNCTION, an agreement between 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 —day of .2019.
City Attorney
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IGA 19-0007361-1
19. 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:
For ALYreement AdministratiQn:
Arizona Department of Transportation City of Apache junction
joint Project Agreement Section Attn: Public Works Director
205 S. 17th Avenue, Mail Drop 637E 575 E. Baseline Ave.
Phoenix,AZ 85007 Apache junction,AZ 85119
IPABranchRazdot.gov Phone#480.474.8516
Fax#480.983.5752
For Project Administration:
Arizona Department of Transportation
Local Public Agency Section
205 S. 17th Avenue,Suite 291
Phoenix,AZ 85007
Local Publi cAgencySectio n@ azdot.gov
For Financial Administration:
Arizona Department of Transportation
Local Public Agency Section
205 S. 17th Avenue,Mail Drop 6XXE
Phoenix,AZ 85007
Local PublicAgencySectio n@azdot.gov
20. In accordance with A.R.S.§ 11-952 (D),attached and incorporated in this Agreement 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.
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
4 IIEELRiDDY STEVE BOSCHEN,PE
Mayor Division Director
ATTEST:
By
t JZTHY"C NELLY '
City Clerk
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