2021-01-24_-_TE067_-_REACT-ICM_(L101)_-_CHANDLER-COUNTY_IGA.PDF

DocuSign Envelope ID: 71EF3C40-4C24-4D29-B485-3CD13F57EC2D
INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND
THE CITY OF CHANDLER
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- ______ -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 Chandler an
Arizona municipal corporation (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(L101) corridor that runs through the cities of Phoenix, Glendale, Peoria,
Scottsdale, Tempe, Mesa, and Chandler.
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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 will:
7.1 Proceed in a manner consistent with the provisions set forth within this
Agreement.
7.2 Assign staff who will be responsible to develop, coordinate, monitor
and evaluate the joint effort to provide emergency traffic incident
management that establishes preapproved detour routes for major
incidents on the 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
will be contingent upon the availability of REACT responder staff.
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 ICM
applications.
iii. Provide ICM and incident management support along identified
alternate routes. Other response requests will not be supported by
REACT.
iv. Adopt standard operation procedures following the Unified
Command and National Incident Management Systems (NIMS)
structure of command for the management of incidents.
v. Participate in multi-jurisdictional drills and exercises, table tops,
on-scene and off-scene training programs, pre-incident 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 at the respective Party’s own cost.
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vi. Follow the requirements, guidelines and processes for traffic
incident management consistent with the MUTCD and ICM
Operations Plan and develop a REACT ICM Operations Handbook
consistent with ICM Operations Plan.
vii. Annually re-evaluate the REACT operations to ensure the
response meets ICM operation goals, and determine if additional
services are needed/required.
8. The County will:
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 Provide traffic incident management services to the City in accordance
with REACT ICM Operations Handbook for the duration of the Project
that establish preapproved detour routes for major incidents on L101.
8.6 Monitor and document emergency traffic management services
provided to the City and provide the data to the City on a quarterly
basis or other time period mutually agreed to by the Parties.
8.7 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.
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8.8 Administer, through MCDOT, the Project development through a staff
Project Manager with REACT administration experience. The
deployment of this 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
relate to the Project.
8.9 Issue invoices to the City for 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 will:
9.1 Assign staff who will be responsible to develop, coordinate, monitor
and evaluate the joint effort to provide emergency traffic incident
management that establishes preapproved detour routes for major
incidents on L101.
9.2 Allow MCDOT REACT responses within the 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 sitting lieutenant and a member of the Traffic Management Center to
act as liaison with the REACT Incident Management Specialist.
9.5 Pay the City’s pro rata share of the reasonable Project costs within 60
calendar days of the City’s receipt of an invoice from the County.
GENERAL TERMS AND CONDITIONS
10. 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 or willful act, error, or
omission by the indemnifying Party under 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 this Agreement, except such injury or damage that is caused or contributed
to by the negligent or willful act, error, or omission of the other Party. The
damages, which are the subject of this indemnity, shall include but are not limited
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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.
11. This Agreement is effective as of the date it is approved by the Parties’
governing bodies (Effective Date) and remain in full force and effect until the first
to occur of the following: (i) all stipulations, responsibilities, and conditions under
this Agreement have been satisfied; or (ii) five years from the Effective Date. This
Agreement may be amended upon written agreement by the Parties.
12. This Agreement shall be subject to the provisions of A.R.S. Section 38-511.
13. The Parties warrant that they are in compliance with A.R.S. Section 41-4401 and
further acknowledge that:
13.1 Any contractor or subcontractor who is contracted by a Party to perform
work on the Project must 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 must keep a record of the
verification for the duration of the employee’s employment or at least three
(3) years, whichever is longer.
13.2 Any breach of the warranty will be deemed a material breach of this
Agreement of which breaching party may be liable for penalties including
termination of this Agreement.
13.3 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 complies 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.
13.4 Nothing in this Agreement shall make any contractor or subcontractor an
agent or employee of the Parties to this Agreement.
14. 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, must
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.
15. Each Party to this Agreement warrants that neither it nor any contractor or
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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.
16. Each of the following 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 will not be required to,
exercise any remedies now or hereafter available to it at law or in equity.
17. 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:
City of Chandler
City Manager
175 S Arizona Avenue
Chandler, Arizona 85225
All notices required or permitted by this Agreement or applicable law must 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 will 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, will 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
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regular mail, the notice will 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 will be deemed given 24 hours after delivery of the
notice to the Postal Service or courier.
18. This Agreement does not imply authority to perform any tasks, or accept any
responsibility, not expressly stated in this Agreement.
19. 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.
20. This Agreement is binding upon, and will inure to the benefit of, the Parties and
their respective successors and assignees. Neither Party may assign its interest
in this Agreement without the prior written consent of the other Party.
21. 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.
22. Each Party has reviewed this Agreement and has had the opportunity to have it
reviewed by legal counsel.
23. 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.
24. 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 is found invalid
or prohibited under the law, such provision shall be ineffective to the extent of
such prohibition or invalidation but will not invalidate the remainder of such
provision or the remaining provisions.
25. Except as otherwise provided in this Agreement, all covenants, agreements,
representations, and warranties set forth in this Agreement or in any certificate or
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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.
26. Nothing contained in this Agreement creates 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 may have any right or cause of action under this
Agreement.
27. Section or other headings contained in this Agreement are for reference
purposes only and do not affect in any way the meaning or interpretation of this
Agreement.
28. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original but all of which together constitute the same
instrument. Faxed, copied and scanned signatures are acceptable as original
signatures.
29. 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.
30. The venue for any claim arising out of or in any way related to this Agreement
shall be Maricopa County, Arizona.
31. 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:
1/25/2021
_____________________________
Jennifer Toth, P.E. Date
Transportation Director
Approved and Accepted by:
_____________________________
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.
1/25/2021
_________________________
Deputy County Attorney Date
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.
CITY OF CHANDLER
Recommended by:
_____________________________
City Manager Date
Approved and Accepted by:
_____________________________
Mayor Date
Attest by:
_____________________________
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.
_________________________
City Attorney Date
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