Loading...
HomeMy WebLinkAboutResolution 2015-012 Approving and authorizing Mayor to execute an IGA with City of TucsonMARANA RESOLUTION NO. 2015-012 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF TUCSON FOR PARTICIPATION IN THE REGIONAL TRANSPORTATION DATA NETWORK COMMUNICATION SYSTEM WHEREAS the City of Tucson applied for and received a $3M Federal Highway Administration (FHWA) earmark in 2005 to begin planning and developing a regional, integrated communications network and to expand then - existing communications capabilities; and WHEREAS the Tucson Regional Transportation Data Network (the "RTDN "), described in the TUCSON RTDN IMPLEMENTATION PLAN approved by the Pima Association of Governments (PAG) Transportation Systems Subcommittee on September 19, 2008, is the product of the FI IWA earmark; and WHEREAS additional funds by PAG have been programed and dedicated to the expansion and operation of the RTDN; and WHEREAS the City of Tucson is the lead agency for administration of the RTDN, and has primary responsibility for the operation and management of the RTDN; and WHEREAS this intergovernmental agreement will authorize the Town of Marana to have access to the regional signal coordination and management system as part of a regional effort to operate traffic signals as efficiently as possible and to facilitate prompt and appropriate emergency response by enabling first responders to view intersection and freeway crash sites before leaving the station; and WHEREAS the Mayor and Council of the Town of Marana find that the best interests of Marana and its citizens are served by entering into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Intergovernmental Agreement between the City of Tucson and the Town of Marana for Participation in the Regional Transportation Data Network Communication System attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER.. RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the intergovernmental agreement. 00040709. DOCx /) Resolution No. 2015 -012 1/9/2415 2:19 PM FJC PASSED AND ADOPTED b the Ma and Council of the Town of Marana, Arizona, this 20"' da of Januar 2015. 1 ATTEST: . cel C. nson, Town Clerk N p L7 M.AiRANA 7 41RIIZO' A Ma Ed Hoq APPROVED AS TO FORM: F/ank C s'ld Town Att ( 00040709.DOCX /) Resolution No. 2015-012 -2- 119/2015 2:19 PM FJC INTERGOVEI2NMENTAL AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF MARANA FOR PARTICIPATION IN THE REGIONAL TRANSPORTATION DATA NETWORK COMMUNICATION SYSTEM THIS INTERGOVERNMENTAL AGREEMENT (this "IGA ") i s made and entered into by and between the CITY OF TUCSON an Arizona municipal corporation ( "Tucson ") and the TowN of MARANA, an Arizona municipal corporation ( "Marana "). Tucson and Marana are sometimes collectively referred to as the "Parties," either of which is sometimes individually referred to as a "Party." RECITALS A. In 2005, Tucson applied for and received a $3M Federal Highway Administration (FHWA) earmark to begin planning and developing a regional, integrated communications network and to expand then - existing communications capabilities. B. The Tucson Regional Transportation Data Network (the "RTDN "), described in the TUCSON RTDN IMPLEMENTATION PLAN approved by the P Association of Governments Transportation Systems Subcommittee on September 1 2008, is the product of the FHWA earmark. C. Additional funds by Pima Association of Governments (PAG) have been programed and dedicated to the expansion and operation of the RTDN. D. Tucson is the lead agency for administration of the RTDN, and has primary responsibility for the operation and management of the RTDN. E. One of the purposes of the RTDN is to give RTDN - participating agencies access to the regional signal coordination and management system as part of a regional effort to operate traffic signals as efficiently as possible and to facilitate prompt and appropriate emergency response by enabling first responders to view intersection and freeway crash sites before leaving the station. F. Marana and Tucson mutually desire for Marana to participate in the RTDN as set forth in this IGA. G. The Parties are authorized to enter into this IGA under the authority granted by A.R.S. § 11 -952. A GREE1VlENI' Now, THERE14ORE, in consideration of the foregoing premises and the mu tual covenants set forth in this IGA, the Parties hereby agree as follows: { 00040126. DOCX 13) 1/9/2015 1:50 I'M INTI RGOVI:;RNMI-'N'I'AI_, AGI�I: I MI N' ' I3IJ'I "rFIE CITY OF TUCSON AND THE T OWN OF MARANA FOR PARTICIPATION IN 'FHE RE GIONAL T RANSPORTATION DATA NETWORK CO MMUNICATION SYSTEM - - I. Mutual access to the RTDN. Marana consents and allows for the connection of Marana's traffic signal controls and traffic cameras to the RTDN, giving Marana and all other RTDN - participating agencies all of the following: a. Access to all RTDN - participating agencies' traffic cameras. b. The ability to transmit and receive data and video from the RTDN. c. Access to the regional Traffic Signal Central Control System for region -wide signal synchronization and management. d. Access to the system's display of the status of each traffic signal, its current tinning, emergency preemption status, and traffic signal failure alerts. Z. Specific coordination activities. Marana will provide all of the following at no charge to Tucson or to other RTDN - participating agencies: a. Permission to install RTDN communication and control equipment on Marana property. Tucson will provide Marana detailed specifications on the equipment's operating characteristics and mounting attachment for Marana's approval prior to installation. The RTDN equipment installed at Marana's properties will be maintained with funds from Grants, PAG- or Marana. b. Permission to connect the RTDN equipment to Marana's power source, both commercial and emergency back -up generator and/or battery. c. Access to the RTDN equipment for emergency repairs in a timely manner (24/7) and reasonable access for routine repairs in compliance with Marana's requirements. d. Access to the RTDN to transmit and receive data. 3. Fees. No fees will be charged to Marana or other RTDN - participating agencies. 4. Liabilities. All liabilities will lie with the facility /real estate property owner and with the contractor performing the work. 5. effective date; term; termination. This IGA shall become effective upon filing a fully executed original with the office of the Recorder of Pima County, Arizona, and shall be of perpetual duration, subject to termination by either Party upon 90 days written notice of termination to the other Party. 6. Miscellaneous. a. This IGA may not be modified except in a writing signed by the Parties. b. This IGA shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this IGA or to obtain any remedy with respect to this IGA shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. c. If either of the Parties fails to perform any of its obligations under this IGA or if a dispute arises concerning the meaning or interpretation of any provision of this IGA, the defaulting Party or the Party not prevailing in the dispute, as the case may be, shall pay any f 00040126.DOCX 13) 1/9/2015 1:50 PM 1NTERG0VEIZNMENTAI. AGREE MEN'I' BE'I "VIJEI:;N 'I CI'T'Y OF T UCSON AND 'THE TOWN OF MARANA FOR P ARTICIPATION IN THE RE GIONAI, TRANSPORTATION DAT NET WORK COMMUNICATION SYSTEM -2- and all costs and expenses incurred b the other Part in enforcin or establishing its ri under this IGA, includin without limitation, court costs and reasonable attorne fees. d. This IGA is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involvin conflicts of interest. e. Upon execution b the Parties, this IGA shall be filed with the office of the Recorder of Pima Count Arizona. IN WITNESS WHEREOF, the Parties have executed this IGA as of the last date set forth below their respective representatives' si CITY OF TUCSON Ma Jonathan Rothschild Date: TOWN OF MARANA NA Ma Ed honea � �� /< Z %W-W Date: ATTEST: Ro Randolph, Cit Clerk ATTEST: el C. ) Inson, Town Clerk ATTORNEY CERTIFICATION The fore inter a between the Cit of Tucson and the Town of Marana has been reviewed on the date set forth below pursuant to A.R.S. § 11-952 b the undersi attorne each of whom has determined that it is in proper form and within the powers and authorit g ranted under the laws of the State of Arizona to the Part represented b the respective undersi attorne Mike Rankin, Cit Attorne ass rFlrat7n n of M id An Attor ne 0 Wa Cit of Tucson Date: � � e4o /,$ /01-- Date: 4 00040126.DOCX / 3) 1/9/2015 1:50 PM INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF MARANA FOR PARTICIPATION IN THE REGIONAL TRANSPORTATION DATA NETWORK COMMUNICATION SYSTEM 911