REPORT. CITY COUNCIl. Item 10 ACTION BACKGROUND

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1 Item 10 CITY COUNCIl REPORT Meeting Date: February 26, 2013 General Plan Element: Community Mobility General Plan Goal: Protect regional transportation networks. ACTION Intergovernmental Agreement COS with Maricopa Association of Governments Regional Community Network, (RCN). Adopt Resolution 928&authorizing Intergovernmental agreement COS with Maricopa Association of Governments for the maintenance agreement of Maricopa Association of Governments Regional Community Network, (RCN). BACKGROUND The purpose of this action is to authorize an Intergovernmental Agreement COS to join the Maricopa Association of Governments and other valley cities in the use, deployment and maintenance ofthe Regional Community Network, (RCN). On May 14, 2007, the MAG Regional Council Executive Committee approved the construction of the MAG Regional Community Network ("RCN"), for the primary purpose of supporting data and video transmission related to regional traffic management activities. The construction of the project, involving the laying of fiber and the installation of electronic devices at network terminals located on local agency premises, is being carried out by the Arizona Department of Transportation (ADOT) and is nearing completion, with the system soon expected to begin its first year of operation. The MAG Regional Council approved the governance structure for the Project on April 22, In simple terms, this will be a maintained fiber network between MAG, ADOT, Scottsdale and other cities with the purpose of sharing traffic data such as traffic cameras, signal timing at bordering traffic signals, and vehicle count data. MAG will have title to the electronic equipment that they provide for this Project. Scottsdale will maintain only the fiber used within Scottsdale R/W. A contracted agent through MAG will maintain and repair the electronic equipment. This agent will need permission to access the Police Station on Via Linda where the fiber ends in Scottsdale. Future regional investments in the RCN may make greater services available, but the service level provided by this project is adequate for data transmissions required for current traffic management activities. The purpose of this Agreement is to authorize MAG or its contractor to install and maintain network equipment on the Cit/s premises to assist in the creation of a regional data network among all agencies participating in the RCN. Action Taken

2 City Council Report MAG Regional Community Network ANALYSIS & ASSESSMENT Recent Staff Action In late 2010, Scottsdale and the Arizona Department of Transportation determined that the RCN connection could be implemented with very little effort by allowing ADOT to direct their contractor to splice the two fiber connections at the 101 Freeway and Camelback Walk, which is on the freeway right of way. Both City and ADOT fiber existed at this location. The fibers were spliced, tested and made available in December Policy Implications The agreement with MAG has increased partnership and involvement between both the City and other MAG participant cities. Sharing traffic data in all forms has been a goal of MAG for years. These fiber connections allow the services to be finalized. Community Involvement The proposed agreement will result in enhanced sharing of traffic video and supporting traffic data in the region. RESOURCE IMPACTS Available funding No budget impacts are expected. Scottsdale's fiber infrastructure is constantly maintained and protected from damage. Operating budget is set aside each physical year for Scottsdale fiber repair. Space is available forthe MAG hardware in the District 3 Police Station and has been planned since Future Budget Implications The current Operating budget for fiber maintenance will not change from the current $10,000 per year. Staffing, Workload Impact The anticipated staff time allocated is 6 to 10 hours per year. The contract administrator, responsible for enforcing all contract provisions, will be Bruce Dressel, ITS Manager, Public Works Division. OPTIONS & STAFF RECOMMENDATION Recommended Approach Adopt Resolution 9286 authorizing Intergovernmental agreement COS with Maricopa Association of Governments, (MAG), for the maintenance ofthe Regional Community Network, (RCN). Proposed Next Steps Upon approval by both the City of Scottsdale and Maricopa County, staff will meet with the MAG Technology representative to install the fiber hardware in the Police Department District 3 server room and test the connections and communications. The current video network will then be Page 2 of 3

3 City Council Report MAG Regional Connectivity Network connected to the RCN in Scottsdale's Traffic Management Center. This will be done with simple cabling. RESPONSIBLE DEPARTMENT(S) Public Works Division, Street Operations STAFF CONTACTS (S) Bruce Dressel, Intelligent Transportation Systems Manager (480) , APPROVED BY Derek Earle, Acting Executive Director, Public Works Date (480) , dearle(g)scottsdaleaz.gov ATTACHMENTS 1. Resolution Intergovernmental Agreement COS Page 3 of 3

4 RESOLUTION NO A RESOLUTION OF THE CITY OF SCOTTSDALE. MARICOPA COUNTY, ARIZONA, AUTHORIZING THE CITY TO ENTER AN AGREEMENT WITH THE MARICOPA ASSOCIATION OF GOVERNMENTS FOR REGIONAL COMMUNITY NETWORK PROJECT EQUIPMENT MAINTENANCE WHEREAS, A.R.S. Section et seq., provides that public agencies may enter into intergovernmental agreements for joint operation or cooperative action with other public agencies; and WHEREAS, Article 1, section 3-1 of the City of Scottsdale authorizes the City of Scottsdale to enter into intergovernmental agreements with various public agencies; and WHEREAS, the City of Scottsdale wishes to contract with the Maricopa Association of Governments for Regional Community Network (RCN) project equipment maintenance, which will authorize MAG or its contractor to install and maintain network equipment on the City's premises to assist in the creation of a regional data network among all agencies participating in the RCN. THEREFORE. LET IT BE RESOLVED by the Council of the City of Scottsdale, Maricopa County, Arizona as follows: Section 1: The Mayor is hereby authorized to execute on behalf of the City of Scottsdale intergovernmental agreement number COS with the Maricopa Association of Governments forthe purpose of Regional Community Network project equipment maintenance. PASSED AND ADOPTED by the Council of the City of Scottsdale. Arizona this February day of ATTEST: Carolyn Jagger, City Clerk CITY OF SCOTTSDALE. an Arizona municipal corporation W.J. "Jim" Lane, Mayor APPROVED AS,T0 FORM: Bruce WashbucRf City Attomey By: William Hylen. Assistant City Attorney

5 IWAG REGIONAL CGIVIMUNITY NETWORK PROJECT EQUIPMENT IVIAINTENANCE AGREEMENT This MAG Regional Community Network Project Equipment Maintenance Agreement ("Agreement") is made and entered into as of the day of February 2013, by and between the Maricopa Association of Govemments, a Council of Governments ("MAG") and the City of Scottsdale, an Arizona municipal corporation ("City"); collectively "Parties." WHEREAS, on May 14, 2007, the MAG Regional Council Executive Committee approved the construction of Phase 1A of the MAG Regional Community Network ("RCN"), for the primary purpose of supporting data and video transmission related to regional traffic management activities; WHEREAS, the construction of the Phase 1A project ("Project"), involving the laying of fiber and the installation of electronic devices at network temmnals located on local agency premises, is being carried out by the Arizona Department of Transportation ("ADOT) and is nearing completion, with the system soon expected to begin its first year of operation; WHEREAS, the MAG Regional Council approved the governance structure for the Project on April ; WHEREAS, the Parties desire to address project specific items needing expeditious handling in relation to the Project, summarized as follows: MAG will have title to the electronic equipment MAG provides for this Project. MAG's contracted agent will maintain and repair the electronic equipment. This agent will need permission to access the appropriate facilities. Additionally, this network relies on previously existing agency-owned fiber and new, project-laid fiber which has been transfened to the agency within which it resides. Agencies will be responsible for repairing this fiber through a best effort approach. Future regional investments in the RCN may make greater service levels available, but the service level provided by Phase 1A is adequate for data transmissions required for current traffic management activities;. WHEREAS, the purpose of this Agreement is to authorize MAG or its contractor to install and maintain networic equipment on the City's premises to assist in the creation of a regional data network among all agencies participating in the RCN; WHEREAS, MAG is authorized to enter this agreement pursuant to A.R.S et seq., and the City is authorized to enter into this Agreement pursuant to A.R.S et seq. and Article 1, Section 3-1 of the Charter of the City of Scottsdale; and In consideration of the foregoing and the promises herein, it is hereby agreed as follows: 1. Citv Responsibilities and Understandings: a. The City will provide reasonable access to MAG and its contracted agent to install and maintain RON equipment housed in City facilities. Such access shall be subject to the City's security policies. b. The City v^w provide appropriate space, power, and environmental conditioning for the network equipment necessary to establish the RCN, and furthermore agrees to provide the necessary technical personnel support, with a site coordinator as the single v1 Page 1 of 5 ATTACHMENT 2

6 point of contact to coordinate any network/equipment installation, fiber repair, or mainteriance issues.. These requirements are detailed in the ADOT Regional Community Network Design Concept Report for Phase 1 prepared by Kimley-Horn and Associates, Inc. and dated November 2004, incorporated herein by this reference. c. The City understands that MAG, its authorized agent, and the participating agencies will make every effort to make repairs as'quickly as possible, but that the Initial implementation will not guarantee a service level. d. The City agrees to defend, indemnify and hold harmless MAG, its agents, representatives, officers, -directors, officials and empioyees from and against all claims, damages, losses and expenses (including but not limited to attomey's fees, court costs, and the cost of appellate proceedings), relating to, arising out of, or alleged to have resulted from the City's negligence or willful misconduct in work or services performed pursuant to this Agreement. The City's duty to defend, hold harmless and indemnify the MAG, its agents, representatives, officers, directors, officials and employees shall arise in connection viflth any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, taking, or destruction of property Including loss of use resulting therefrom. 2. MAG Responsibilities and Understandings: a. MAG or its contracted agent will pertorm all installation and maintenance actions described in this Agreement consistent with generally accepted standards for such work. b. MAG agrees to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against all claims, damages, losses and expenses (including but not limited to attomey's fees, court costs, and the cost of appellate proceedings), relating to, arising out of, or alleged to have resulted from MAG's negligence or willful misconduct in work or services performed pursuant to this Agreement or in accessing the City's facilities pursuant to this Agreement. MAG's duty to defend, hold hamnless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to. impainnent, taking, or destnjction of property including loss of use resulting therefrom. 3. Severability. The provisions of this Agreement are severable and, if any one. or more such provisions are determined to be void or unenforceable in whole or in part, the remaining provisions of this Agreement shall be binding and enforceable. 4. Term of Agreement. The term of this Agreement shall be ten (10) years from the effective date first written below. This Agreement can be terminated by either party upon 30 days written notice. 5. Entire Agreement. This Agreement expresses the entire agreement of the Parties with respect to the subject matters herein contained, and all prior or contemporaneous agreements or negotiations with respect to the Parties hereto are hereby superseded. This Agreement may be modified or amended only if set forth in vyriting and signed by both parties v1 Page 2 of 5.

7 6. Cancellation for Conflict of Interest This Agreement is subject to cancellation for conflict of interest without penalty or further obligation as provided by A.R.S Insurance. MAG shall require its contracted agent to maintain coverage for all general, contractual and products liability risks normally associated with the goods and materials and/or services covered by this contract. MAG shall require its contracted agent to maintain at alt times during the term of this contract, a minimum amount of $1 million per occun-ence Commercial General Liability insurance, including Contractual Liability. For General Liability insurance, the City, its agents, officials, officers, elected officials or employees shall be named as additional insureds. MAG shall require its contracted agent to maintain at all times during the term of this contract, a minimum amount of $1,000,000 per occurrence Automobile Liability insurance. MAG shall require its contracted agent to maintain Woricers' Compensation insurance to cover obligations imposed by federal and state statute. Prior to the execution of the Contract. MAG shall provide the City with a Certificate of Insurance (using appropriate ACORD certificate) signed by the Issuer and applicable endorsements. The City, reserves the right to request additional copies of any or aiil df the above policies, endorsements, or notices relating thereto. The insurance maintained by MAG's contracted agent shall be primary of all other sources available. MAG agrees that no policy shall expire, be canceled or materially changed to affect the coverage available without thirty (30) calendar days advance written notice to the City. All insurance certificates and applicable endorsements are subject to review and approval by the City's Risk Manager. MAG shall require all Subcontractors to comply v^rtth the provisions of this Section Waiver. The failure of either party to insist upon strict performance of any of the provisions of this Agreement or to exercise any rights or remedies shall not release the other party from any of its responsibilities or obligations imposed by this Agreement and shall not be deemed a waiver of any rights to insist upon strict performance of this Agreement. 9. Assignability. Neither party shall assign this Agreement or any interest in this Agreement with the prior written consent of the other Party. 10. No Partnership or Joint Venture. Nothing contained in this Agreement shall create any partnership, joint venture or other arrangement between the Parties. Except as expressly provided herein, no term or provision of this Agreement is intended or shall be for the benefrt of any person or entity not a party hereto, and no such other person or entity shall have any right or cause of action hereunder. 11. Governing Law. The laws of the State of Arizona shall govem this Agreement The Arizona Superior Court in and for Maricopa County shall have subject matter jurisdiction hereof. 12. Compliance with AR.S and By entering into.this Agreement, the parties certify that they do not have scrutinized business operations in. Sudan or Iran as defined in A.R.S (15) and A.R.S (12) V1 Page 3 of 5

8 13. Notices. Notices given to pursuant to the provisions of this. Agreement, or necessary to carry out its provisions, shall be in writing, and delivered personally to or mailed postage prepaid, to: MAG Dennis Smith 302 N. 1^ Avenue. Suite 300. Phoenix. Arizona City of Scottsdale Bruce Dressel, ITS Manager 7447 E. Indian School Rd. Suite : Scottsdale. AZ a) Notice Requirements. All notices required or permitted by this IGA or applicable law shall be in writing and may be delivered in person (by hand or by 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 Section. b) Date of 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 showri, the postmark thereon. If sent by regular mail the notice shall be deemed given 72 hours after the same is addressed as required herein 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 same to the Postal Service or courier. 14. Any individual executing this Agreement on behalf of or as representative for a govemmental entity, corporation or other person, firm, partnership or entity represents and warrants that he/she is duly authorized to execute and deliver this Agreement on t>ehalf of said govemmental entity, corporation, person, firm, partnership or other entity, that all approvals have been obtained and that this Agreement is binding on said entity in accordance with its temns. RECOMMENDED: Bruce uressef. City ContraSTAdministrator MARICOPA ASSOCIATIOI GOVERNMI Dennis CITY OF SCOTTSDALE By: W.J. "Jim" Lane, Mayor ATTEST: By: Carolyn Jagger, City Cleri< V1 Page 4 of 5

9 APPROVED AS TO FORM: By: MAG General Counsel Dickinsdn Wright/Marisca! Weeks Bruce Washbdfn, City Attorney By: William Hylen, Assistant City Attorney V1 Page 5 of 5