TE067 - REACT-ICM (L101) - SCOTTSDALE IGA.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND
THE CITY OF SCOTTSDALE
REACT INTEGRATED CORRIDOR MANAGEMENT (ICM) PILOT
(TE067)
MAG #: MMA21-810
Fed Aid #: MMA-0(287)D
CFDA #: 20.205
ADOT Project No.: T0290-01X
(C-64-21- ______ -2-00)
This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a
political subdivision of the State of Arizona (County), and the City of Scottsdale (City).
The County and the City are collectively referred to as the Parties or individually as a
Party.
STATUTORY AUTHORIZATION
1. The County is authorized, pursuant to A.R.S. Section 11-251 and Sections 28-
6701 et. seq., to lay out, maintain, control and manage public roads within the
County.
2. Public agencies are authorized, pursuant to A.R.S. Section 11-951 et. seq., to
enter into Intergovernmental Agreements for the provision of services or for joint
or cooperative action.
3. The City is authorized, pursuant to A.R.S. Section 9-240 and Sections 9-276 et.
seq., to lay out and establish, regulate and improve streets within the City and to
enter into this Agreement.
BACKGROUND
4. The Pilot for Arterial Traffic Incident Management Program for Integrated Corridor
Management (ICM), referred herein as the Project, will support the expansion of
the Maricopa County Department of Transportation (MCDOT) Regional
Emergency Action Coordinating Team (REACT) to support ICM along the entire
Loop 101 corridor that runs through the cities of Phoenix, Glendale, Peoria,
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Scottsdale, Tempe, Mesa, and Chandler.
5. REACT provides emergency arterial incident management support for partnering
agencies when an incident requires a closure of a roadway for at least two hours.
REACT also coordinates with the Arizona Department of Transportation (ADOT)
Incident Response Unit (IRU), which is ADOT’s freeway incident response team
and the Arizona Department of Public Service (AZDPS), to support arterial traffic
management during events that require closure of a freeway or freeway ramp
(Project).
PURPOSE OF THE AGREEMENT
6. The purposes of this Agreement are to identify the roles and responsibilities of
the Parties with respect to the Project.
TERMS OF THE AGREEMENT
7. The Parties Shall:
7.1 Proceed in a manner consistent with the provisions set forth within this
agreement.
7.2 Assign staff who will be responsible for developing, coordinating,
monitoring and evaluating the joint effort to provide emergency traffic
incident management for establishing preapproved detour routes for
major incidents on L101.
7.3 Carry out the Parties cooperative efforts under this Agreement in a
manner consistent with REACT operations, including but not limited to:
i. The provision of any REACT service identified in this agreement
shall be contingent upon the availability of REACT responder staff
availability. REACT staff will endeavor to respond to 75% of calls
for service as resources permit.
ii. To provide support for Emergency Traffic Incident Management
through REACT response when requested to support Integrated
Corridor Management applications.
iii. Provide ICM and incident management support along identified
alternate routes. Other response requests will not be supported by
REACT.
iv. That the Parties adopt standard operation procedures following the
Unified Command and National Incident Management Systems
(NIMS) structure of command for the management of incidents.
v. Agree to participate in multi-jurisdictional drills and exercises, table
tops, on-scene and off-scene training programs, pre-incident
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planning, post-incident critiques (debriefs) and other activities to
enhance safe and effective emergency operations and mutual aid
when practical and feasible to do so.
vi. When engaged in on scene operations the REACT shall follow the
requirements, guidelines and processes for traffic incident
management consistent with the MUTCD and ICM Operations
Plan. Develop a REACT ICM Operations Handbook consistent
with ICM Operations Plan.
vii. Re-evaluate every year the REACT operations to ensure the
response is meeting the ICM operational goals, review role of all
Parties, determine if additional service needs may be necessary or
that the service(s) are still needed.
8. The County Shall:
8.1 Receive and administer the project federal-aid funding during the
duration of the Project.
8.2 Utilize the funding attributable to service in the City to procure
equipment and supplies and, if needed, recruit additional responders
whose primary responsibility will be to support emergency traffic
management in the City.
8.3 Retain ownership of the equipment and supplies acquired with the
funding.
8.4 Develop a REACT ICM Operation Handbook in accordance with the
Loop 101 Mobility Project ICM Operations Plan. The Handbook will
document REACT Operational Parameters that will outline the specific
roles and responsibilities involved in the pilot project implementation.
These will include:
i. Operational Concept
ii. Corridors by agency
iii. Communication protocol
iv. Staff, equipment and technology resources required.
8.5 When REACT is operating in the City’s right-of-way REACT shall
follow the directions of the City. The preapproved detour routes may be
subject to change at the discretion of the City due to ongoing
constructions or other activities in the area.
8.6 Provide traffic incident management services to the City in accordance
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with REACT ICM Operations Handbook for the duration of the Project
for establishing preapproved detour routes for major incidents on L101.
8.7 Monitor and document emergency traffic management services
provided to the City and provide the data to the City on a periodic
basis.
8.8 Provide online and in-person training on TIM and ICM that includes
ATSSA Traffic control Technician, National Incident Management
Training (NIMS) courses ICS 100 Introduction to Incident Command,
ICS 200 ICS for Single Resource and Initial Action Incidents, IS 700
National Incident Management System Develop REACT.
8.9 Administer, through MCDOT, the project development through a staff
Project Manager with REACT administration experience. The
deployment of this pilot project will be done in coordination with the
deployment of the Loop 101 Mobility Project, which involves an
overlapping group of stakeholders who will be developing ICM plans
and supporting the procurement, testing, and deployment of other
equipment, systems, and processes for ICM on the Loop 101 that will
be directly relevant to this pilot project.
8.10 Project billing will take place during the procurement, development,
and deployment of the Project as milestones and deliverables, as set
forth in the approved Design Concept Report (DCR),are completed.
9. The City Shall:
9.1 Assign staff who will be responsible for developing, coordinating,
monitoring and evaluating the joint effort to provide emergency traffic
incident management for establishing preapproved detour routes for
major incidents on L101.
9.2 Allow MCDOT REACT response on City’s Right of Way.
9.3 Provide operational support in accordance with the L101 Mobility
Project Operational Plan.
9.4 Assign a member of its police department in the rank of traffic sergeant
or Vehicle Crimes Detective and a member of its streets department at
the level of supervisor to act as liaison with the REACT Incident
Management Specialist.
GENERAL TERMS AND CONDITIONS
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10. The Parties acknowledge that this Project is a federally funded 3 year pilot
project beginning on the date of federal obligation of funds, anticipated in FY
2022. This Project will terminate 3 years from the date of federal obligation of
funds or the expenditure of all the Project federal funds, whichever occurs first.
11. This Agreement shall become effective as of the date it is approved by the
governing bodies of the Parties and remain in full force and effect until all
stipulations previously indicated have been satisfied. This agreement may be
amended upon written agreement by both Parties and may be terminated by
either Party upon 30 days written notice to the other Party.
12. To the extent permitted by law, each Party will indemnify, defend and save the
other Party harmless, including any of the Party’s departments, agencies,
officers, employees, elected officials or agents, from and against all loss,
expense, damage or claim of any nature whatsoever which is caused by any
activity, condition or event arising out of the negligent performance or
nonperformance by the indemnifying Party of any of the provisions of this
Agreement. By entering into this Agreement, each Party indemnifies the other
against all liability, losses and damages of any nature for or on account of any
injuries or death of persons or damages to or destruction of property arising out
of or in any way connected with the performance or nonperformance of this
Agreement, except such injury or damage as shall have been caused or
contributed to by the negligence of that other Party. The damages which are the
subject of this indemnity shall include but not be limited to the damages incurred
by any Party, its departments, agencies, officers, employees, elected officials or
agents. In the event of an action, the damages which are the subject of this
indemnity shall include costs, expenses of litigation and reasonable attorney’s
fees.
13. This Agreement shall be subject to the provisions of A.R.S. Section 38-511.
14. The Parties warrant that they are in compliance with A.R.S. Section 41-4401 and
further acknowledge that:
14.1 Any contractor or subcontractor who is contracted by a Party to perform
work on the Project shall warrant their compliance with all federal
immigration laws and regulations that relate to their employees and their
compliance with A.R.S. Section 23-214(A), and shall keep a record of the
verification for the duration of the employee’s employment or at least three
(3) years, whichever is longer.
14.2 Any breach of the warranty shall be deemed a material breach of this
agreement of which breaching party may be liable for penalties including
termination of the agreement.
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14.3 The Parties retain the legal right to inspect the papers of any contractor or
subcontractor employee who works on the Project to ensure that the
contractor or subcontractor is complying with the warranty above and that
the contractor agrees to make all papers and employment records of said
employee available during normal working hours in order to facilitate such
an inspection.
14.4 Nothing in this Agreement shall make any contractor or subcontractor an
agent or employee of the Parties to this Agreement.
15. Any contractor or subcontractor who engages in for-profit activity and has 10 or
more employees, if the value of the contract is a minimum of $1,000,000, certify it
is not currently engaged in, and agrees for the duration of this Agreement to not
engage in, a boycott of goods or services from Israel. This certification does not
apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant
to 50 U.S.C. § 4842.
16. Each Party to this Agreement warrants that neither it nor any contractor or
vendor under contract with the Party to provide goods or services toward the
accomplishment of the objectives of this Agreement is suspended or debarred by
any federal agency which has provided funding that will be used in the Project
described in this Agreement.
17. Each of the following shall constitute a material breach of this Agreement and an
event of default (“Default”) hereunder: A Party’s failure to observe or perform any
of the material covenants, conditions or provisions of this Agreement to be
observed or performed by that Party (“Defaulting Party”), where such failure shall
continue for a period of thirty (30) days after the Defaulting Party receives written
notice of such failure from the non-defaulting Party provided, however, that such
failure shall not be a Default if the Defaulting Party has commenced to cure the
Default within such thirty (30) day period and thereafter is diligently pursuing
such cure to completion, but the total aggregate cure period shall not exceed
ninety (90) days unless the Parties agree in writing that additional time is
reasonably necessary under such circumstances to cure such default. In the
event a Defaulting Party fails to perform any of its material obligations under this
Agreement and is in Default pursuant to this Section, the non-defaulting Party, at
its option, may terminate this Agreement. Further, upon the occurrence of any
Default and at any time thereafter, the non-defaulting Party may, but shall not be
required to, exercise any remedies now or hereafter available to it at law or in
equity.
18. All notices required under this agreement to be given in writing shall be sent to:
County:
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Maricopa County Department of Transportation
Attn: Intergovernmental Relations Branch
2901 W. Durango Street
Phoenix, Arizona 85009
City:
City of Scottsdale
City Manager
3939 N Drinkwater Blvd.
Scottsdale, Arizona 85251
All notices required or permitted by this Agreement or applicable law shall be in
writing and may be delivered in person (by hand or courier) or may be sent by
regular, certified or registered mail or U.S. Postal Service Express Mail, with
postage prepaid, and shall be deemed sufficiently given if served in a manner
specified in this paragraph. Either Party may by written notice to the other specify
a different address for notice. Any notice sent by registered or certified mail,
return receipt requested, shall be deemed given on the date of delivery shown on
the receipt card, or if no delivery date is shown, the postmark thereon. If sent by
regular mail, the notice shall be deemed given 72 hours after the notice is
addressed as required in this paragraph and mailed with postage prepaid.
Notices delivered by United States Express Mail or overnight courier that
guarantee next day delivery shall be deemed given 24 hours after delivery of the
notice to the Postal Service or courier.
19. This Agreement does not imply authority to perform any tasks, or accept any
responsibility, not expressly stated in this Agreement.
20. Any funding provided for in this Agreement, other than in the current fiscal year,
is contingent upon being budgeted and appropriated by the governing bodies of
the Parties in such fiscal year. This Agreement may be terminated by any Party
at the end of any fiscal year due to non-appropriation of funds.
21. This Agreement shall be binding upon and inure to the benefit of the Parties and
their respective successors and assignees. Neither Party shall assign its interest
in this Agreement without the prior written consent of the other Party.
22. This Agreement and all Exhibits attached to this Agreement set forth all of the
covenants, promises, agreements, conditions and understandings related to the
Project between the Parties to this Agreement, and there are no covenants,
promises, agreements, conditions or understandings, either oral or written,
between the Parties related to the Project, other than as set forth in this
Agreement, and those agreements which are executed contemporaneously with
this Agreement. This Agreement shall be construed as a whole and in
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accordance with its fair meaning and without regard to any presumption or other
rule requiring construction against the party drafting this Agreement. This
Agreement cannot be modified or changed except by a written instrument
executed by all of the Parties hereto.
23. Each Party has reviewed this Agreement and has had the opportunity to have it
reviewed by legal counsel.
24. The waiver by any Party of any right granted to it under this Agreement is not a
waiver of any other right granted under this Agreement, nor may any waiver be
deemed to be a waiver of a subsequent right obtained by reason of the
continuation of any matter previously waived.
25. Wherever possible, each provision of this Agreement shall be interpreted in such
a manner as to be valid under applicable law, but if any provision shall be invalid
or prohibited under the law, such provision shall be ineffective to the extent of
such prohibition or invalidation but shall not invalidate the remainder of such
provision or the remaining provisions.
26. Except as otherwise provided in this Agreement, all covenants, agreements,
representations and warranties set forth in this Agreement or in any certificate or
instrument executed or delivered pursuant to this Agreement shall survive the
expiration or earlier termination of this Agreement for a period of one (1) year.
27. Nothing contained in this Agreement shall create any partnership, joint venture or
other agreement between the Parties hereto. Except as expressly provided in
this Agreement, no term or provision of this Agreement is intended or shall be for
the benefit of any person or entity not a party to this Agreement, and no such
other person or entity shall have any right or cause of action under this
Agreement.
28. Section or other headings contained in this Agreement are for reference
purposes only and shall not affect in any way the meaning or interpretation of this
Agreement.
29. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original but all of which together shall constitute the same
instrument. Faxed, copied and scanned signatures are acceptable as original
signatures.
30. The Parties will execute and/or deliver to each other such other instruments and
documents as may be reasonably necessary to fulfill the covenants and
obligations to be performed by such Party pursuant to this Agreement.
31. The venue for any claim arising out of or in any way related to this Agreement
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shall be Maricopa County, Arizona.
32. This Agreement shall be governed by the laws of the State of Arizona.
End of Agreement - Signature Page Follows
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.
MARICOPA COUNTY
Recommended by:
_____________________________
Jennifer Toth, P.E. Date
Transportation Director
Approved and Accepted by:
_____________________________
Clint Hickman, Chairman Date
Board of Supervisors
Attest by:
_____________________________
Clerk of the Board Date
APPROVAL OF DEPUTY COUNTY ATTORNEY
The foregoing Agreement has been reviewed pursuant to A.R.S. 11 952, as amended,
by the undersigned Deputy County Attorney, who has determined that it is in proper
form and within the powers and authority granted to the Board of Supervisors under the
laws of the State of Arizona.
_________________________
Deputy County Attorney Date
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.
CITY OF SCOTTSDALE
Recommended by:
_____________________________
Mark Melnychenko Date
Transportation and Streets Director
Approved and Accepted by:
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
___________________________
Sherry R. Scott By:______________________
By: Joe Padilla, Deputy City Attorney David, D. Ortega, Mayor Date
Attest by:
_____________________________
By: Carolyn Jagger, City Clerk Date
APPROVAL OF CITY ATTORNEY
The foregoing Agreement has been reviewed pursuant to A.R.S. 11 952, as amended,
by undersigned Counsel, who has determined that it is in proper form and within the
powers and authority granted to the City under the laws of the State of Arizona.
______________________________
Joe Padilla, Deputy City Attorney Date
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