TE067 - TEMPE CAD-RADS PILOT PROJECT IGA - TEMPE SIGNED.PDF

DocuSign Envelope ID: 77837625-C382-4DC9-9F55-4B067B28E971
INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND
THE CITY OF TEMPE
PILOT INTEGRATION OF TEMPE POLICE CAD DATA INTO RADS
€2021-110
(TE067)
MAG #: MMA21-810
Fed Aid #: MMA-0(287)D
CFDA #: 20.205
ADOT Project No.: T0290-01X
(C-64-21- -X-00)
This Intergovernmental Agreement (Agreement) is between the County of Maricopa,
a political subdivision of the State of Arizona (County), and the City of Tempe (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.
Zi Public agencies are authorized, pursuant to A.R.S. Section 11-951 ef. 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
This FY21 MAG TIP pilot project supports the expansion of the Regional Emergency
Action Coordinating Team (REACT) to support Integrated Corridor Management
(ICM) along the entire Loop 101 corridor that runs through the cities of Phoenix,
Glendale, Peoria, Scottsdale, Tempe, Mesa, and Chandler when a freeway or ramp
closure forces traffic to divert onto adjacent arterial roadways. The project includes
procurement of vehicles and equipment; explore opportunities to establish
interoperable communications with local agency PD and TMCs for during- and after-
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business hours operations; conducting training for all Loop 101 partner agencies on
the role of REACT, how to use them, and their role in the partnership; piloting
integration of local Police Computer-Aided Dispatch (CAD) into the Regional
Archived Data System (RADS) with the City of Tempe Police Department; and 3
years of operations and maintenance costs for REACT support along Loop 101 for
ICM.
This project will be done in conjunction with the Loop 101 Mobility Project, which is
federally funded and being administered by ADOT and co-led by ADOT and MCDOT.
This pilot MAG TIP project for REACT expansion will use the partnerships, concepts,
and planning processes behind the Loop 101 Mobility Project to facilitate its
implementation by 2021.
This Agreement focuses on integration of the local Police Computer-Aided Dispatch
(CAD) into the Regional Archived Data System (RADS) in conjunction with the City of
Tempe Police Department.
PURPOSE OF THE AGREEMENT
4. The purposes of this Agreement are to identify the roles and responsibilities of
the Parties with respect to the Project.
TERMS OF THE AGREEMENT
5. The Parties agree as follows:
a. For traffic management and traveler information purposes, only the
major traffic-impeding events in the Tempe Police Department CAD
system are of interest. This ‘filtering’ of the CAD data so that only
relevant information is provided to RADS is important for both the
integrity of RADS and for data privacy purposes.
b. The initial phase of the Project will involve working with the City to
identify data that is suitable for consumption by RADS and developing
a filtering process to extract that data from the CAD system to send to
RADS.
c. The following steps will be included to pursue the integration of the City
of Tempe Police Department CAD into the RADS:
1. Coordinate necessary work and reviews with the City and
County staff. The City shall provide timely reviews and
feedback when requested.
2. Application and support of the Systems Engineering process
to support the system development, integration, testing, and
acceptance of the project. The City shall work with project
partners in the development, integration, testing and
acceptance of the project.

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GENERAL TERMS AND CONDITIONS
6. To the extent permitted by law, each Party will indemnify, defend and save the
other Party harmless, including any of the Partys 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.
tT; 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, except that it may be
amended upon written Agreement by all Parties.
8. This Agreement shall be subject to the provisions of A.R.S. Section 38-511.
9. The Parties warrant that they are in compliance with A.R.S. Section 41-4401 and
further acknowledge that:
9.1. 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.
9.2 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.
9.3. 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
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an inspection.
9.4 Nothing in this Agreement shall make any contractor or subcontractor an
agent or employee of the Parties to this Agreement.
10. 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.
TL. 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.
Ls 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.
13. All notices required under this agreement to be given in writing shall be sent to:
County:
Maricopa County Department of Transportation
Attn: Intergovernmental Relations Branch
2901 W. Durango Street
Phoenix, Arizona 85009
City:

DocuSign Envelope ID: 77837625-C382-4DC9-9F55-4B067B28E971
City of Tempe
City Manager
31 E 5th Street
Tempe, Arizona 85281
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.
14. This Agreement does not imply authority to perform any tasks, or accept any
responsibility, not expressly stated in this Agreement.
15. 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.
16. 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.
Tf. 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
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.
18. Each Party has reviewed this Agreement and has had the opportunity to have it
reviewed by legal counsel.

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19. 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.
20. 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.
24. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. The venue for any claim arising out of or in any way related to this Agreement
shall be Maricopa County, Arizona.
27. This Agreement shall be governed by the laws of the State of Arizona.
End of Agreement - Signature Page Follows

DocuSign Envelope ID: 77837625-C382-4DC9-9F 55-4B067B28E971
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.
MARICOPA COUNTY
Recommended by:
DocuSigned by:
| Jununifur Totle 3/9/2021
Jennifer Toth, P.E. Date
Transportation Director
Approved and Accepted by:
Jack Sellers, 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.
DocuSigned by:
Cet ABtede 3/9/2021
9B0782D9F1CF48E...
Deputy County Attorney Date

DocuSign Envelope ID: 77837625-C382-4DC9-9F55-4B067B28E971
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.
CITY OF TEMPE
Recommended by:
dud
De S-B202 |
City Manager Date
Approved and Accepted by:
Mayor ‘Date
Attest by:
tax Danco ori
Clerk of the’ Council 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.
bom .- dla Deputy dv
City Attorney ‘ Date
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