REACT SCOTTSDALE-01.05.2015.DOCX

FIRST AMENDED INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE CITY OF SCOTTSDALE
FOR EMERGENCY TRAFFIC MANAGEMENT MUTUAL AID
(MCDOT Project #: TE044)
MAG #: MMA09-810
Fed Aid #: CM MMA-0(206)A CFDA #: 20.205
TRACS #: SS687 01D
(C-64-15-___-M-00)
Contract No. 2012-186-COS-A1
This First Amended Intergovernmental Agreement (“Amendment”) for Emergency Traffic
Management Mutual Aid is between the County of Maricopa, a political subdivision of the
State of Arizona (“County”), and the City of Scottsdale, a municipal corporation (“City”). The
County and the City are collectively referred to as the Parties or individually as a Party.
BACKGROUND
1. The Parties previously entered into an Intergovernmental Agreement (C-64-13-104-
M-00) (the “2013 IGA”), recorded at Maricopa County Recorder No. 2013-0111615 for
Emergency Traffic Management Mutual Aid (the “Project”). The IGA was effective on
January 23, 2013, the date of approval by the Maricopa County Board of Supervisors.
2. Both Parties desire to amend the 2013 IGA to begin the second phase of the
federally funded Project through this Amendment.
PURPOSE OF THE AMENDMENT
3. The purpose of this Amendment is to identify and define the Parties’ respective
obligations and responsibilities related to the Project, including the purchase of vehicles,
responsibilities of personnel and operations of the City-operated Project.
TERMS OF THE AMENDMENT
4. The above recitals are incorporated into the Amendment. The following provisions are
hereby added to the 2013 IGA. Unless otherwise specified in this Amendment, all terms
of the 2013 IGA remain in effect.
5. Responsibilities of Maricopa County:
5.1 The County shall provide the City with the federal specifications to procure
vehicles and traffic control equipment.
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5.2 The County shall provide operations transition and coordination, at levels
mutually agreed upon by the Parties, beginning on approval of this Agreement
and ending on the date the City establishes its independent Regional Emergency
Action Coordinating Team (REACT) program, not later than September 30,
2015.
5.3 The County shall, within fifteen (15) days of receipt of an invoice from the City,
reimburse the City for the full cost of three new REACT vehicles and
related traffic control equipment, not to exceed $200,000, to support the
establishment of a City REACT program.
5.4 The County shall extend the contract of a County Incident Management
Technician until September 30, 2015 to support the establishment of the
City’s REACT program.
5.5 Unless different operation time frames are mutually agreed upon by the
Parties, the County REACT team shall respond to calls from 6:00 p.m.
through 6:00 a.m. and shall supplement the City’s response team from 6:00
a.m. through 6:00 p.m. for major incidents if requested by the City and if County
resources are reasonably available. The County shall, in coordination with the
City, mutually develop and implement shift transition plans beginning on
approval of this Agreement and ending on the date the City establishes its
independent REACT program, not later than September 30, 2015.
5.6 The County shall transition to the City the operations of the City REACT
program by September 30, 2015.
6. Responsibilities of the City:
6.1. The City shall establish and fund operations for an independent City REACT
incident response team by September 30, 2015.
6.2. The City shall follow applicable federal specifications to procure the three
REACT vehicles and related equipment as specified in paragraph 8.3 and shall
by September 30, 2015, invoice the County for the full cost of the vehicles
and related equipment, not to exceed $200,000.
6.3. The City shall be financially responsible for the three vehicles after receiving
reimbursement from the County as well as after the vehicles have met their
regulatory expected life terms.
6.4. The City shall maintain all maintenance, insurance and liabilities on the three
REACT vehicles for the regulatory life term of the vehicles.
6.5. If this Agreement is terminated, the City shall immediately return to the County
any vehicles, equipment and supplies acquired with the funding as provided in
this Agreement.
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6.6. If the City sells a REACT vehicle, the City shall retain the first $5,000 of the
proceeds from the sale to assist with the replacement cost of REACT vehicle.
The City shall, immediately upon the sale of the vehicle, pay any proceeds from
the sale of a REACT vehicle in excess of $5,000 to the County.
6.7. The City shall operate its REACT program from 6:00 a.m. through 6:00 p.m.
unless different operation time frames are mutually agreed upon by the
Parties. If additional responder support is needed between 6:00 a.m. and 6:00
p.m., the City shall request such support from the County REACT program in
a manner of communication mutually agreed upon by the Parties. The City
shall, in coordination with the County, mutually develop and implement shift
transition plans beginning on approval of this Agreement and ending on the
date the City establishes its independent REACT program, not later than
September 30, 2015.
6.8. The City shall accept and assume the operations of the City REACT program
from the County by September 30, 2015.
ADDITIONAL TERMS OF THIS AMENDMENT
7. This Agreement is effective as of the date of approval by the Maricopa County Board
of Supervisors and Scottsdale City Council.
8. The parties shall not have any obligation to comply with paragraphs 11.1 through 13.5 of
the 2013 IGA after the transition of the City REACT program to the City by September
30, 2015.
9. The second sentence of paragraph 19 of the 2013 IGA is amended to read: “This
Agreement terminates on June 30, 2020.”
End of Agreement - Signature Page Follows
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.
MARICOPA COUNTY CITY OF SCOTTSDALE
Recommended by:
Jennifer Toth, P.E. Date
Transportation Director
Approved and Accepted by: Approved and Accepted by:
, Chairman Date W.J. “Jim” Lane Date
Board of Supervisors Mayor
Attest by: Attest by:
Fran McCarroll Date Carolyn Jagger Date
Clerk of the Board City Clerk
APPROVAL OF DEPUTY COUNTY ATTORNEY
AND ATTORNEY FOR THE CITY OF SCOTTSDALE
I hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the
Agreement to be in proper form and within the powers and authority granted to the Parties by
their respective governing bodies under the laws of the State of Arizona.
____________________________ __________________________________
Deputy County Attorney Date William Hylen Date
Senior Assistant City Attorney
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