Loading...
HomeMy WebLinkAboutResolution 2017-042 Approving IGA regarding operation of EVP equipment at traffic signals MARANA RESOLUTION NO. 2017-042 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY REGARDING- THE OPERATION OF EMERGENCY VEHICLE PREEMPTION (EVP) EQUIPMENT AT PIMA COUNTY- MA.INTAINED TRAFFIC SIGNALS WHEREAS REAS Pima County installs, operates, and maintains emergency vehicle preemption (EVP) equipment at signalized intersections in the county; and WHEREAS the Marana Police Department desires the capability to automatically termi- nate the normal operations of applicable County-maintained traffic signals included in the Coun- ty's preemption program upon arrival of emergency vehicles at the traffic signal; and WHEREAS the parties are authorized by A.R.S. §11-951 et seq. to enter into an ICA. for joint or cooperative action; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the Town of Marana to enter into this IGA. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and Pima County regarding the operation of emergency vehicle preemption (EVP) equipment at Pima County-maintained traffic signals, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved, and the Mayor is hereby authorized to sign it for and on behalf of the Town of Marana. IT IS FUR rF SER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the intergovernmental agreement. 00052279.DOCX/I Marana Resolution No,2017042 - - 5/4/2017 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of May, 2017. Mayor EJ Honea ATTEST: APPR.OV A TO FORM: oeelyn . Bronson, Town Clerk _ Fr nl{ Ca idy, Town Attor y MARANA Z F.s•rA(3LIS 4r D 11 •77 00052279.DOCX/1 Marana Resolution No.2017-042 - 2 - 5/4/2017 0NTRA C N 0. AMENDMENT NO, This number must appear on all invoices, correspondence and documents pertaining to this contract. INTERGOVERNMENTAL AGREEMENT between PIMA COUNTY and the TOWN of MARANA This Intergovernmental Agreement is entered into by and between Pima County, a body politic and corporate of the State of Arizona(hereinafter"County"), and the Town of Marana, Pima County, Arizona(hereinafter"Marana") a municipal corporation of the State of Arizona pursuant to Arizona Revised Statutes (A.R.S.) § 11-951, et seq. RECITALS A. County and Marana have statutory authority to enter into intergovernmental agreements for joint and cooperative action pursuant to A.R.S. § 11-952. B. County has the authority under A.R.S. § 11-251(4) to layout, maintain, control and manage public roads within the County. C. The parties acknowledge that the installation of emergency vehicle preemption (EVP) equipment at signalized intersections has been shown to have the potential to improve emergency vehicle response times and expediency through signalized intersections under certain circumstances. D. County and Marana have determined that the installation, operations and maintenance of EVP equipment on applicable County maintained traffic signals and Marana emergency response vehicles is done in the interest of enhancing public safety. NOW, THEREFORE in consideration of the promises and the mutual covenants contained herein, the parties agree as follows: AGREEMENT I. pose: The purpose of this Agreement is to provide for the installation, operation and maintenance of EVP equipment on specified and applicable County-maintained traffic signals and related applicable and authorized activation equipment on Marana s emergency response vehicles that will be responding to official emergency calls within Pima County. Marana/Pima County Preemption IGA 2. Term/Extension/Termination: This Agreement shall become effective as of the signature date of the last party to sign this Agreement and shall remain in effect for a period of ten(10) years from the effective date, unless terminated or otherwise modified in writing by amendment signed by both parties. a) A party may terminate this Agreement for material breach of the Agreement by the other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty-five days to cure the default. If the default is not cured within that time, the other party may terminate this Agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under this Agreement. b) This Agreement may be canceled if for any reason the Pinna County Board of Supervisors or the Marana Town Council does not appropriate funds for the stated purpose of this Agreement. In the event of such cancellation, neither party shall have any obligation to the other under this Agreement. 3. Marana's Responsibilities: Marana, or Marana's agent, consultant or contractor, shall: a) Purchase, install and maintain EVP emitters in any of Marana's emergency vehicles that Marana determines should have the ability to automatically terminate the normal operations of those County-maintained traffic signals included in County's preemption program as set forth in paragraph 4 below, within the priority and routine prescribed by Pima County, upon arrival of the emergency vehicle at the traffic signal. For those vehicles that Marana determines should have the ability to terminate the normal operations of County-maintained traffic signals, Marana shall install EVP equipment compatible with existing County EVP equipment. Marana shall install all preemption emitters installed pursuant to this Agreement in accordance with the manufacturer's instructions. Marana does acknowledge and understand that the time a preempted signal takes to actually respond, in terms of providing a green indication to the preempting emergency vehicle, can vary based on the normal operational control requirements at that signal, where that signal is within that sequence of control at the time the signal is preempted, and what the priority is for that sequence as it relates to the preemption. Additionally it may be possible that the signal has already been preempted by another emergency vehicle. b) Maintain an accurate inventory of applicable emergency response vehicles equipped with preemption emitters and provide County written notice within three (3) working days of any change in the status of any vehicle equipped with, or intended to be equipped with, preemption emitter equipment pursuant to this Agreement. Marana shall provide a copy of the inventory and all notices of changes to the County Traffic Signal Supervisor. C) Use preemption equipment only when performing official Code 3 responses (emergency lights and sirens activated) where traffic signal preemption is appropriate and instruct all operators of Marana's emergency vehicles equipped with preemption emitters of this requirement on a regular basis. 2 Marana Pima County Preemption IGA d) Train all vehicle operators in accordance with nationally recognized fire industry standards (NFPA 1002) on the safe operation and characteristics of emergency vehicle preemption systems as applied and used in the field by the applicable jurisdictions and the site specific parameters of the signal(s) being preempted. e) Take appropriate administrative and disciplinary measures against any operator that violates preemption use procedures. f) Designate a Marana official or employee to be the official liaison with County and to be responsible for instruction and administering rules to the operators of EVP equipment. 4. County's Responsibilities-. County, or County's agent, consultant or contractor, shall: a) Install and maintain preemption equipment and detectors at those County signalized intersections selected by County. In the selection of the intersections to be equipped with preemption equipment, County shall consider those intersections specifically requested by Marana to be included in County's preemption program. b) Install and maintain beacons at signalized intersections equipped with EVP equipment that will indicate when a traffic signal has been preempted by an emergency vehicle. c) Assign encoding to individual emitters purchased by Marana. d) Maintain records of preemption activities recorded by traffic signal controllers at intersections per the ability and parameters of the equipment to keep such records. e) Designate an official to represent County for purposes of resolving issues, changes and regular business related to the operation of the EVP equipment. f) Coordinate and maintain the use of common preemption equipment settings through the Pima County Signal Supervisor. 5. Ownership...-of Materials Equipment and App urtenances. All materials, equipment and appurtenances installed under this Agreement on emergency vehicles shall remain the property of Marana or its contractor as mutually agreed upon between Marana and contractor. All materials, equipment and appurtenances installed under this Agreement as part of County facilities shall remain the property of County. 6. Default. In the event of any default or other non-performance of any term or provision of this Agreement, the non-defaulting party shall be entitled to all remedies at law or in equity, including the right to enforce this Agreement by action for specific performance or to file an action for damages including attorneys' fees, which rights and remedies shall be cumulative and not exclusive. 7. Indemnification: To the fullest extent permitted by law, each party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the other party, its officers, officials, emplyees, agents, volunteers, successors, and assigns (as "Indemnitees") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitees, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, volunteers, successors, or assigns, provided 3 Marana/Pima County Preemption IGA however, that the Indemnitor shall have no obligation to indemnify the Indemnitee for the Indemnitee's passive negligence. In addition, Marana shall cause its contractor(s) and subcontractors, IF ANY, to indemnify, defend, save and hold harmless Pima County, any jurisdiction or agency issuing any permits for any work arising out of this Agreement, and their respective directors, officers, officials, agents, and employees (hereinafter referred to as "Indemnitee") from and against any and all claims, actions, liabilities, damages, losses, or expenses (*Including court costs, attorneys' fees, and costs of claire processing, investigation and litigation) (hereinafter referred to as "Claims") for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Marana's contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the workers' Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. 8. Insurance.when requested, a party shall provide the other party with proof of its workers' compensation, automobile, accident, property damage, and liability coverage or program of self- 0 nsurance 9. workers' Compensation. For purposes of workers'Compensation,an employee of a party to this Agreement who works under the jurisdiction or control of, or who works within the jurisdictional boundaries of, another party pursuant to this specific Agreement, is deemed to be an employee of both parties, as provided in A.R.S. § 23-1022(D). The primary employer of such employee shall be solely liable for payment of Workers' Compensation benefits for the purposes of this paragraph. Each party shall comply with the notice provisions of A.R.S. § 23-1022(E). 10. Notices. Any notice to be given or served (and any election to be made or delivered) upon any party hereto in connection with this Agreement must be in writing and shall be deemed to have been given and received (or made and delivered) within three (3) business days after a certified or registered letter containing such notice (or selection), properly addressed, with postage prepaid, is deposited in the United States mail; and, if given otherwise than by registered or certified mail, it shall be deemed to have been given(or made) when delivered to and received by the party to whom it is addressed. Such notice shall be given to the parties at the following addresses: COUNTY: Director Pima County Department of Transportation 201 North Stone Avenue, 4th Floor Tucson, AZ 85701 4 Marana/Pima County Preemption IGA Technical questions and reports of equipment failure or malfunction should be referred to: Traffic Signals and Lighting Section Traffic Engineering Division Pima County Dept. of Transportation 1313 S. Mission Road, Building 428 Tucson, Arizona 85713 MARA.NA: Chief of Police Marana Police Department 115 5 5 W. Civic Center Drive Marana, Az 85653 NOTE: Either party may, by written notice to the other party, designate another address or person for receipt of notices hereunder. 11. Mailing effective. All notices, filings, consents, approvals and communications given by mail shall be deemed delivered upon receipt or 72 hours following deposit in the U.S. Mail, postage prepaid and addressed as set forth above, whichever occurs first. 12. Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by either party of a breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 12. Counterparts. 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 one and the sante instrument. The signature pages from one or more counterpart may be removed from such counterpart and attached to a single instrument. 14. Headings. The descriptive headings of the paragraphs of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement. 15. Entire Agreement. This Agreement, together with all exhibits and attachments identified herein, constitute the entire agreement between the parties, and all prior and contemporaneous agreements, representations and understandings of the parties, both written and oral, concerning the subject matter of this Agreement are superseded and merged in this Agreement. 16. Amendment. This Agreement shall not be modified, amended, altered or changed except by written amendment signed by both parties. 17. Governing Law. This Agreement shall be construed and interpreted according to the laws of the State of Arizona, and as such, this Agreement is subject to the provisions of A.R.S. § 38-511. 5 Marana/Pima County Preemption IGA IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of , 2017. MARANA: COUNTY: TOWN OF MARANNA, an Arizona municipal PIMA COUNTY, a body politic and corporate corporation of the State of Arizona By: By: Fd Ilonea, Mayor Sharon Bronson, Chair ATTEST: ATTEST: celyn ronson, Town Clerk Clerk of the Board Recommended to the Board: Priscilla Cornelio, P.B., Director Pima County Dept. of Transportation Intergovernmental Agreement Determination. The foregoing Intergovernmental Agreement between Pima County and Marana has been r reviewed pursuant to A.R.S. § 11-952 by the undersigned, each of whom has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the party represented by the him/her. Pima Co ty: oeputvyCounty Attorney Date ANDREW FLAG Marana: Att9'�' aey for Marana bate d Marana/Pima County Preemption IGA