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HomeMy WebLinkAboutRes 2005-61 RESOLUTION NO. 2005-61 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF SCOTTSDALE RELATING TO COORDINATION OF INCIDENT RESPONSE AND TEMPORARY TRAFFIC OPERATIONS FOR SHEA BOULEVARD. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Intergovernmental Agreement between the Town of Fountain Hills and the City of Scottsdale relating to coordination of incident response and temporary traffic operations along Shea Boulevard (the "Agreement") is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona,November 3, 2005. FOR THE TOWN OF UNTAIN HILLS: ATTESTED TO: W. J.Nich ls,Mayo Bevelyn J. Bend ,To Clerk REV ED BY: APPROVED AS TO FORM: 1) u:),L, Timothy G. Pickering, To Manager Andrew J. cGuire, Town Attorney L 612376.1 TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation W. ichol Fountain Hills Mayor ATTEST Beverly J. Ben r Fountain Hills own erk In accordance with A.R.S. Section 11-952, the undersigned, as legal counsel for the Town of Fountain Hills, has reviewed the foregoing intergovernmental agreement and has determined that it is in appropriate form and is within the powers and authority granted to the Town of Fountain Hills. An: 00(A: i. Andrew Mc uire Fountain Hills Town Attorney L 598327.2 6 EXHIBIT A [Intergovernmental Agreement] See following pages. L 612376.1 RESOLUTION NO. 6733 A RESOLUTION OF THE CITY OF SCOTTSDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF FOUNTAIN HILLS FOR THE PURPOSE OF OPERATING AN EMERGENCY BARRICADE PROGRAM ON SHEA BOULEVARD DURING MAJOR INCIDENTS. WHEREAS, the Arizona Revised Statutes 11-951, et. Seq., provide that public agencies may enter into intergovernmental agreements for joint operation or cooperative action; and WHEREAS, Section 3-1 of Article 1 of the Charter of the City of Scottsdale authorizes the City to enter into intergovernmental agreements with various public agencies; and WHEREAS, the City of Scottsdale and the Town of Fountain Hills share responsibility for the operations of Shea Boulevard which is the only east/west roadway link between the two communities; and WHEREAS, in the past there have been major incidents on this section of Shea Boulevard that • have caused the roadway to be closed for periods of time causing significant disruptions to the flow of traffic along this critical arterial roadway; and WHEREAS, the City of Scottsdale and the Town of Fountain Hills have identified an emergency barricading plan that would maintain one lane of traffic in each direction during future incidents NOW, THEREFORE, LET IT BE RESOLVED by the Council of the City of Scottsdale, Maricopa County, Arizona, as follows: Section 1: Mary Manross, Mayor, is hereby authorized and directed to execute, on behalf of the City of Scottsdale, Intergovernmental Agreement Number 2005-039-COS with the Town of Fountain Hills for the purpose of coordinating incident response and temporary traffic operations along Shea Boulevard between the intersection of 136th Street in Scottsdale to the intersection of Palisades Boulevard in Fountain Hills. PASSED AND ADOPTED by the Council of the City of Scottsdale, Maricopa County, Arizona this 18th day of October, 2005. By: MARY M/NROSS, MAYOR ATTEST: ^\ Carolyn Jag er, Ci CI '"7 APPROVED AS TO FO A r Deb rah Robberson, )6ting City Attorney L • When Recorded Return to: CITY OF SCOTTSDALE CITY CLERK'S OFFICE 3939 N. Drinkwater Blvd. Scottsdale,AZ 85251 Contract#2005-039-COS INTERGOVERNMENTAL AGREEMENT This inter overnmental agreement ("Agreement") is made and entered into this/.5" day of , 2005, by and between the City of Scottsdale, an Arizona municipal corporation Scottsdale ) and the Town of Fountain Hills, an Arizona municipal corporation ("Fountain Hills"), collectively referred to in this Agreement as the "Parties." RECITALS 1. Arizona Revised Statutes Sections 11-951, et seq. provide that public agencies, including municipal corporations, may enter into intergovernmental agreements for the provision of services, or joint or cooperative action. 2. Article 1, Section 3-1 of the City Charter of the City of Scottsdale authorizes Scottsdale to enter into intergovernmental agreements with various public agencies, including other municipalities. 3. Article 2-1, Section 2-1-2 of the Fountain Hills Town Code authorizes Fountain Hills to enter into intergovernmental agreements with various public agencies, including other municipalities. 4. The Parties wish to coordinate incident response and temporary traffic operations along Shea Boulevard from the intersection of 136th Street in Scottsdale to the intersection of Palisades Boulevard in Fountain Hills. 5. The temporary traffic operations are necessary during potential future roadway closures associated with traffic incidents along this segment of roadway because of the lack of alternative detour routes to divert traffic during those incidents. 6. These incident operations are necessary for the benefit of the citizens and businesses of both municipalities. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement and other good and valuable consideration, the Parties agree as follows: TERMS 1.0. Recitals. The forgoing recitals are incorporated in this Agreement by this reference. 598327.2 2.0. General. In the performance of this Agreement, the following general provisions will apply. a. The Parties have developed an incident and traffic response plan for Shea Blvd from the intersection of 136th Street in Scottsdale to the intersection of Palisades Boulevard in Fountain Hills (the "Plan"), a true and correct copy of which is attached hereto as Exhibit A and incorporated herein by reference. The Plan includes the implementation of variable message signs, traffic detours and two-way traffic operations along one half of the roadway necessary to maintain one lane of moving traffic in each direction during incidents. These operations are needed to maintain a reasonable connection between the two communities during future incidents. b. Comparable access is provided for properties on both sides of the municipal boundary lines. It shall be the goal of the Plan to provide one lane of moving traffic in each direction during incidents. c. The Plan described in Exhibit A may be modified by the Parties upon mutual agreement and approval of the respective city and town managers or their designees. d. The Parties shall construct, or cause to be constructed, additional median openings along Shea Boulevard within their respective jurisdictions. Two median openings have been identified in Scottsdale to be equally spaced between 136th Street and 142nd Street. One median opening has been identified in Fountain Hills to be placed half way between 142nd Street and Palisades Boulevard. The goal of this construction is to minimize the length of roadway barricading required during an incident. A sufficient number of barricade devices will be purchased and stored to implement 1800 feet of two-way traffic plus the necessary transitions at each end. 3.0. Scottsdale's Responsibilities. For the term of this Agreement and any renewal hereof, unless otherwise expressly provided herein, Scottsdale shall be responsible for the following: a. Managing the standard design/layout and implementation of the incident traffic control measures of this project in cooperation with Fountain Hills. Scottsdale will purchase and store all of the necessary devices to implement the incident barricade system according to the Plan. Each time the barricade system needs to be utilized between 136th Street and Palisades Boulevard, it will be implemented in a joint effort between the Field Services staff of Scottsdale and the Streets Maintenance crew of Fountain Hills. The barricade devices will be made available to each municipality for the exclusive use on Shea Boulevard, if either municipality wishes to perform barricading outside of the joint response segment. b. Placing portable variable message sign panels at each end of Shea Boulevard in accordance with the Plan. Scottsdale shall enter into an annual agreement with a locally qualified supplier to install and deploy these variable message signs on an as-needed basis during incidents. c. Assigning a uniformed officer, qualified police volunteer or police aide with a police vehicle to direct traffic at the westerly cross-over of any barricading system implemented according to the Plan. d. Providing the necessary members of its Field Services staff to implement the Plan. 598327.2 2 4.0. Fountain Hills Responsibilities. For the term of this Agreement, including any extension of it, unless otherwise expressly provided herein, Fountain Hills shall be responsible for the following: a. Reimbursing Scottsdale one half (1/2) of (i) the audited actual costs for the acquisition of the necessary signs, barricades and traffic control devices that will be stockpiled for use in connection with implementing incident traffic control measures according to the Plan and (ii) direct costs for additional contracted services. • b. Assigning a uniformed officer with a law enforcement vehicle to direct traffic at the easterly cross-over of any barricading system implemented according to the Plan. c. Providing the necessary members of its Street Maintenance crew to implement the Plan. 5.0. Cost Sharing. a. The Parties shall be responsible for one half (1/2) of the audited actual costs incurred under this Agreement and part of each implementation of the plan. b. Costs to be included in the initial cost sharing will include the costs for 50 Type I Standard Traffic Barricades, 20 Type II Standard traffic Barricades, 100 Standard Reflective Traffic Cones, 36 Temporary Traffic Control Signs, 20 Spring Mounted Sign Stands, 1 Flatbed Trailer to store and transport traffic control devices. c. Costs to be shared include the actual costs for installation, relocation and removal of traffic control devices, including mobilization, and traffic control management during the incident and contractual cost for additional devices such as variable message signs. d. The total cost of the equipment to be jointly purchased by the Parties pursuant to this Agreement shall not exceed $16,600. 6.0. Payments. a. Fountain Hills shall pay $8,300 to Scottsdale toward its share of plan startup costs no later than thirty (30) after the approval of this Agreement by the governing bodies of the Parties. If the total cost of the materials to be purchased pursuant to Section 5 above exceeds $16,600, Fountain Hills shall reimburse Scottsdale for one half (1/2) of the difference between the actual purchase price and $16,600, after the submittal of an actual invoice for the purchase of materials. If the purchase price of the materials set forth in Section 5 above is less than $16,600, Scottsdale shall refund one half (1/2) of the difference between $16,600 and the actual purchase price, after submittal of an actual invoice for the purchase of the materials. b. In the event that additional equipment must be rented in connection with a deployment, Fountain Hills shall reimburse Scottsdale for its portion of costs for such additional equipment costs within 180 days after the date of completion of deployment and demand for payment has been sent by Scottsdale to Fountain Hills. 7.0. Term. The term of this Agreement shall be five (5) years from its effective date, subject to earlier termination in accordance with the terms and conditions of the Agreement. klow 598327.2 3 This Agreement may be renewed for additional terms upon approval of the Parties' respective governing bodies. 8.0. Indemnification. To the extent permitted by law, each party shall indemnify, defend and hold harmless, the other party and its employees, agents and invitees, from all losses, damages, claims, liabilities and expenses (including without limitation reasonable attorney's fees) for damages to property or injury to persons to the extent and magnitude arising from any negligent act, omission or willful misconduct of the indemnifying party or its employees, agents or invitees. 9.0. Termination. This Agreement may be terminated by either Party for any or no reason upon giving ninety (90) days written notice to the other Party. Neither Party shall be entitled to damages of any kind as a result of the termination of this Agreement under this section. 10.0. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below, (iii) given to a recognized and reputable overnight delivery service, to the address set forth below or (iv) delivered by facsimile transmission to the number set forth below: If to Town: Town of Fountain Hills 16836 Palisades Blvd Fountain Hills, AZ 85268 Facsimile: 480-837-3145 Attn: Timothy Pickering, Town Manager If to City: City of Scottsdale 3939 Drinkwater Boulevard Scottsdale, Arizona 85251 Facsimile: 480-312-4000 Attn: Mary O'Connor, Transportation General Manager or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this Section. Notices shall be deemed received (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage, (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day, or (iv) when received by facsimile transmission during the normal business hours of the recipient. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 11.0. Contract Administrators. Each Party shall have a contract administrator ("Contract Administrator") to be the official contact for the Party in the performance of this Agreement and any Extension of it. The Contract Administrator for Scottsdale shall be the Traffic Engineering and Operations Director, who at the time of the execution of this Agreement is Paul Porell. The Contract Administrator for Fountain Hills shall be the Director of Public Works, who at the time of the execution of this Agreement is Tom Ward. 598327.2 4 12.0. Miscellaneous. a. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. b. This Agreement will be recorded in the official records of Maricopa County, Arizona, as soon as possible, but in any event within ten days of execution, and it shall be effective as of the date it is recorded. 13.0 Conflict of Interest. This Agreement is subject to the provisions of ARIz. REV. STAT. § 38-511, as replaced or amended, and may be canceled, without penalty or further obligation, by either Party if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of either Party is, at any time while this Agreement or any extension of this Agreement is in effect, an employee or agent of any other Party of this Agreement with respect to the subject matter of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement by signing their names on the day and date first written above. CITY OF SCOTTSDALE, an Arizona municipal corporation Lir Mary Manr s ATTEST: Mayor APPROVED: 411- Carolyn jag g Scottsdale Clerk /J Mary Connor Gene er, Transportation Department In accordance with A.R.S. Section 11-952, the undersigned, as legal counsel for the City of Scottsdale has reviewed the foregoing intergovernmental agreement and has determined that it is in appropriate form and is within the powers and authority granted to the Scottsdale. Acting Scottsdale ity Attorney Deborah Robberson L 598327.2 5 TOWN OF FOUNTAI ILLS, an Arizona municipal corporation . J. Nich Fountain ills Mayor ATTEST /4:5," Bevelyn J. B er Fountain Hil Town Clerk In accordance with A.R.S. Section 11-952, the undersigned, as legal counsel for the Town of Fountain Hills, has reviewed the foregoing intergovernmental agreement and has determined that it is in appropriate form and is within the powers and authority granted to the Town of Fountain Hills. By: flier Andr McGuire Fountain Hills Town Attorney L 598327.2 6 L Exhibit A Shea Boulevard Emergency Barricade Policy, Procedure, and Plan The following policy, procedure and typical barricade plans are for the deployment of barricades on Shea Boulevard between 136thStreet and Palisades Boulevard (Fountain Hills) during a major traffic incident. The purpose of the barricades is to safely and efficiently reroute traffic around the major traffic incident. This policy only applies if traffic can be safely rerouted around the major traffic incident. This will most likely be accomplished by using either the westbound or eastbound travel lanes for two-way traffic. Definitions FH: Town of Fountain Hills Major traffic incident: Any traffic collision, police investigation, fire scene or other emergency situation causing the prolonged closure of a major roadway. MS: City of Scottsdale Municipal Services Depaitiiient PD: Scottsdale Police Department and/or Maricopa County Sheriffs Office. Prolonged closure: A closure of a roadway that prohibits through traffic in either direction for an anticipated duration of two hours or more. 1 L Policy 1.Traffic barricades will be deployed by MS and FH personnel. MS personnel will deploy traffic barricades with the assistance of FH personnel whenever it is possible to route traffic around a major traffic incident. The desired response time is to have personnel on the scene within 30 minutes of notification and to assess the barricade needs and deploy a complete setup within 45 minutes of arrival. 2.Traffic barricades will be deployed only when it is determined that the roadway closure will last for more than two hours. 3.Cal1-out of personnel to deploy the barricades will be made by PD. 4.Barricades, cones and signs will be stored on a flat bed trailer (equipment trailer) parked in a secure location that is convenient to the segment of Shea Boulevard east of 136thStreet. All barricades, cones and signs designated for Shea Boulevard will remain available at all times and will not be used for other projects or purposes. Procedure 1.After the initial response to a major traffic incident by PD, the on-scene supervisor (usually a patrol sergeant or watch commander) will determine if there will be a prolonged road closure and if it is possible to reroute traffic around the major traffic incident. 2.PD will contact (either directly or through Dispatch) both MS and FH for barricade deployment and set-up. 3.Both MS and FH will respond to the scene with the devices and check with PD regarding the direction and location of closure. If it is determined the closure will last more than two hours, device set-up will begin. 2 4.The barricades and other devices require a minimum of three people to safely deploy. 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