2018 CVAG + Multi Agencies - Traffic Signal Synchronizationta Qwkra
— GEM ofdw DESEWf —
MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Carley Escarrega, Management Assistant
DATE: April 4, 2018
RE: Multi Agency Participating Agreement for Coachella Valley Regional
Traffic Signal Synchronization Program between Coachella Valley
Association of Governments and Participating Cities of La Quinta,
Cathedral City, Desert Hot Springs, Coachella, Rancho Mirage, Indio, Palm
Desert, Palm Springs, and the County of Riverside
Attached for your signature is a participating agreement for the above -referenced project.
Please sign the attached agreement(s) and return to the City Clerk for processing and
distribution.
Reauestina deaartment shall check and attach the items below as anoromiate:
Contract payments will be charged to account numberAM `0 Ut - UO \83 - Yl i % Ttl\
0 Lk Amount of Agreement, Amendment, Change Order, etc.:
lyL A Conflict of Interest Form 700 Statement of Economic Interests from Consultant s7 is attached with
no reportable interests in LQ or reportable interests
A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant
does not meet the definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon:
X Approved by the City Council on ADrll 3. 2018
t�At City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures
/ of $50,000 or less. This expenditure is $ and authorized by [Council, Director, etc]
J! A Initial to certify that 3 written informal bids or proposals were received and considered in selection
The following required documents are attached to the agreement: (�
Insurance certificates as required by the agreement (approved by Risk Manager on �� y/e date)
Performance bonds as required by the agreement (originals) P N
a1rT City of La Quinta Business License number C r
A requisition for a Purchase Order has been prepared (amounts over $5,000)
0A A copy of this Cover Memo has been emailed to Finance (Sandra)
Revised May 2017
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
73-710 Fred Waring Dr., Suite 200, Palm Desert, CA 92260 • (760) 346-1127 - www.cvag.org a°
September 10, 2019
Monika Radeve
78-495 Calle Tampico
La Quinta, CA 92253
Re: Signal Synchronization Participating Agreement
Enclosed please find a fully executed copy of the Participating Agreement between the
Coachella Valley Association of Governments (CVAG), and the City of La Quinta.
If you have any questions, please contact Martin Magana at (760) 346-1127.
Sincerely,
Cynthia Ramirez
Accounting Assistant
Enclosure
CITY OF BLYTHF • CITY OF CATHEDRAL CITY • CITY OF COACHFLLA • CITY OF DESERT HOT SPRINGS • CITY OF INDIAN WELLS
CITY OF INDIO • CITY OF LA QUINTA • CITY OF PALM DESERT • CITY OF PALM SPRINGS • CITY OF RANCHO MIRAGE • COUNTY OF RIVERSIDE
AGUA CALIFNTE BAND OF CAHUILLA INDIANS • CABAZON BAND OF MISSION INDIANS
MULTI -AGENCY
PARTICIPATING AGREEMENT
FOR
COACHELLA VALLEY REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM
1 M'
THIS PARTICIPATING AGREEMENT (Agreement), is effective this day of
201 J , by and between the Coachella Valley Association of Governments
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(CVAG), 73-710 Fred Waring Drive, Palm Desert, CA, a California joint powers agency (herein
referred to as "LEAD AGENCY') and the City of Cathedral City, City of Coachella, City of Desert Hot
Springs, , City of Indian Wells, City of Indio, City of La Quinta, City of Palm Desert, City of Palm
Springs, City of Rancho Mirage, and County of Riverside, a political subdivision of the State of
California (hereinafter collectively referred to as "PARTICIPATING AGENCIES", and individually as
"PARTICIPATING AGENCY").
RECITALS:
WHEREAS, the LEAD AGENCY in cooperation with the PARTICIPATING AGENCIES are
working cooperatively together to synchronize traffic signals across multiple jurisdictional boundaries
as a part of the Coachella Valley Regional Traffic Signal Synchronization Program (hereinafter
referred as "PROGRAM") including establishing traffic signal parameters and timing; and developing
signal timing synchronization plans for the project corridors defined in the Coachella Valley Traffic
Signal Interconnect Master Plan; and
WHEREAS, the LEAD AGENCY in cooperation with the PARTICIPATING AGENCIES are
cooperatively promoting, demonstrating, and integrating inter -agency traffic signal synchronization,
Intelligent Transportation Systems (ITS) technologies, and transportation management programs to
improve safety, multi -modal mobility, the environment, and enhance health and quality of life in the
Coachella Valley; and
WHEREAS, the LEAD AGENCY in cooperation with the PARTICIPATING AGENCIES will
develop inter -agency policies, guidelines, and responsibilities, and formalize procedures to manage,
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implement, maintain, operate, and update traffic signal synchronization, intelligent transportation
systems and transportation management programs throughout the Coachella Valley; and to plan
and prepare upcoming integration of connected/autonomous/automated vehicles and smart cities
technologies to maximize regional transportation corridor capacity, and improve multi -modal
efficiency, safety, environment, and enhance health and quality of life in the Coachella Valley; and
WHEREAS, the LEAD AGENCY in cooperation with the PARTICIPATING AGENCIES will
create a Transportation Systems Management and Operations (TSMO) Sub -Committee to develop
minimum equipment standards (hardware andsoftware), and define responsibilities and procedures
to implement the PROGRAM. The TSMO will report to the LEAD AGENCY's Transportation
Technical Advisory Sub -Committee (TTAS). The TSMO shall initially meet as needed to review the
operating characteristics of the PROGRAM. The TSMO shall be comprised of the Transportation
Engineer of LEAD AGENCY, or his/her designee, and the various Agencies' Traffic Engineers, or
their designated representatives, and any other individual mutually agreed to by the parties.
WHEREAS, the LEAD AGENCY and PARTICIPATING AGENCIES agree that the LEAD
AGENCY shall establish and fund, design, implement, operate, maintain, and manage a Regional
Traffic Management Center (TMC); and Sub -Regional Data Aggregation Centers (DACs) as defined
in the Coachella Valley Traffic Signal Interconnect Master Plan. The LEAD AGENCY shall establish,
fund, design and implement Local TMCs to be operated, maintained and managed by the
PARTICIPATING AGENCIES.
WHEREAS, the LEAD AGENCY will consider providing regional transportation funding to all
approved corridor PROGRAM projects identified in the Coachella Valley Traffic Signal Interconnect
Master Plan consistent with the Transportation Project Prioritization Study (TPPS) funding process
for implementation of inter -agency signal synchronization, transportation management systems, and
ITS technologies.
WHEREAS, for an agency to be considered as participating, it must accomplish three criteria:
It must provide an active representative to the TSMO; It must purchase ITS equipment consistent
with the TSMO menu of approved hardware and software for constructed PROGRAM corridors; and
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it must agree to synchronize its multi jurisdictional signal timing with adjacent PARTICIPATING
AGENCIES.
WHEREAS, this Agreement defines the specific terms, conditions, and funding
responsibilities between the LEAD AGENCY and the PARTICIPATING AGENCIES for the
implementation of the PROGRAM.
NOW, THEREFORE, it is mutually understood and agreed by LEAD AGENCY and the
PARTICIPATING AGENCY as follows:
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable
by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of
this Agreement between LEAD AGENCY and PARTICIPATING AGENCIES and it supersedes all
prior representations, understandings, and communications. The invalidity in whole or in part of any
term or condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this
Agreement. The above referenced Recitals are true and correct and are incorporated by reference
herein.
B. LEAD AGENCY's failure to insist on any instance(s) of PARTICIPATING AGENCIES'
performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or
relinquishment of LEAD AGENCY's right to such performance or to future performance of such
term(s) or condition(s), and PARTICIPATING AGENCIES's obligation in respect thereto shall
continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon
LEAD AGENCY except when specifically confirmed in writing by an authorized representative of
LEAD AGENCY by way of a written amendment to this Agreement and issued in accordance with
the provisions of this Agreement.
C. PARTICIPATING AGENCY'S failure to insist on any instance(s) of LEAD
AGENCIES' performance of any term(s) or condition(s) of this Agreement shall not be construed as
a waiver or relinquishment of PARTICIPATING AGENCY'S right to such performance or to future
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performance of such term(s) or condition(s), and LEAD AGENCY'S obligation in respect thereto shall
continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon
PARTICIPATING AGENCIES except when specifically confirmed in writing by an authorized
representative of PARTICIPATING AGENCIES by way of a written amendment to this Agreement
and issued in accordance with the provisions of this Agreement.
ARTICLE 2. RESPONSIBILITIES OF LEAD AGENCY
The LEAD AGENCY agrees to the following responsibilities for the PROGRAM:
A. To fund, plan, design, implement the PROGRAM; operate, maintain and manage
the Sub -Regional DACs and Regional TMC. The PROGRAM, as distinct from actual traffic
signals, would include construction of Master Plan projects, procurement of hardware and
software, and hosting of the TSMO.
B. To provide annual funding for procurement and updating of hardware and software
for signal synchronization, including ITS elements, Local TMCs, Sub -Regional DACs, and a
Regional TMC.
C. To provide and file all documentation necessary to comply with California
Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) regulations for
PROGRAM.
D. To track PROGRAM funds allocated to regional arterials that are in the signal
synchronization program and report them back to the PARTICIPATING AGENCIES.
E. To create and maintain a Transportation Systems Management and Operations
(TSMO) Sub -Committee that will report to CVAG's Transportation Technical Advisory Sub -
Committee (TTAS). The purpose of the TSMO is to develop minimum equipment standards
(hardware and software), and define responsibilities and procedures to implement and operate
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Coachella Valley intelligent transportation systems including inter -agency signal synchronization,
arterial management systems, special events management systems, integrated corridor
management systems, and ITS technologies; and to develop, oversee, manage, maintain, and
update the Regional Traffic Signal Synchronization Operations and Maintenance Manual. The
TSMO shall monitor the participation of its membership and make a finding, if necessary, that an
Agency has become non -participating. The finding will be forwarded to CVAG's Executive
Committee for action. Any non -participating Agency within the Coachella Valley is encouraged to
participate in the TSMO with a non -voting status.
F. To provide funding for the implementation of Phase I of the PROGRAM (Ramon
Road, Highway 111 and Washington Street), and pursue additional funding for implementation of
future phases of the PROGRAM.
G. To distribute traffic data information and video images/streams to PARTICIPATING
AGENCIES in real time to increase the efficiency of the Coachella Valley transportation system.
Traffic data and traffic video/image streams to the Regional TMC and Sub -Regional DACs shall only
be used for congestion monitoring, traffic management, traffic synchronization, special event
management, incident management and integrated corridor management.
H. To collect all data necessary to provide proposed optimized timing plans including,
but not limited to, manual intersection all movement counts, and 24-hour/ 7-day automated machine
traffic counts with pedestrian, bicyclists, and vehicle classifications.
I. To develop the TSMO Operations and Maintenance Manual that will provide
technical, maintenance and operations responsibilities, procedures, and requirements to manage,
procure, implement, maintain, upgrade, and operate the PROGRAM.
J. As Master Plan Corridors are constructed, to develop and implement initial timing
plans optimized for signal synchronization. Traffic counts on newly synchronized corridors will
remain unofficial for one year or until phasing and timing adjustments are finalized. The moratorium
on official counts would extend to one year after the timing and phasing finalization of an adjacent or
cross corridor constructed in a subsequent PROGRAM phase.
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K. To prepare "Before and After Studies" when new signal timing plans are incorporated
along corridors for inter -agency signal synchronization, as necessary to measure and report the
effectiveness of signal timing changes.
L. To provide training to PARTICIPATING AGENCIES for various intelligent
transportation systems including inter -agency signal synchronization, arterial management systems,
special events management systems, integrated corridor management systems, and ITS
technologies, including hardware and software.
M. To provide training to PARTICIPATING AGENCIES on the next generation of
intelligent transportation technologies and programs, including connected/autonomous/automated
vehicles and smart cities technologies and provide updates as advances are made in these areas.
N. To share traffic data for the purpose of integrating connected/autonomous/automated
vehicle and smart cities technologies.
ARTICLE 3. RESPONSIBILITIES OF THE PARTICIPATING AGENCIES
PARTICIPATING AGENCIES agree to the following responsibilities for the PROGRAM:
A. To adopt the Coachella Valley Traffic Signal Interconnect Master Plan.
B. To provide a technical representative to meet and participate as a member of the
PROGRAM's TSMO Committee.
C. To authorize the LEAD AGENCY to manage, procure, implement and maintain all
aspects of the PROGRAM. The PROGRAM, as distinct from the actual traffic signals, would
include construction of the Master Plan projects, procurement of hardware and software, and
hosting of the TSMO.
D. To maintain full control of operations and maintenance of their traffic signals,
including traffic signal controllers, ITS technologies and traffic signal communications. Multi -
jurisdictional traffic signal timing and traffic signal communications revisions, ITS equipment and
software replacement and/or upgrades on Master Plan constructed corridors shall be
coordinated and approved by the TSMO prior to making changes. Jurisdictions have the ability
N.
to review and approve proposed traffic signal synchronization plans.
E. To share real-time arterial and intersection traffic data and traffic video
images/streams with LEAD AGENCY and PARTICIPATING AGENCIES.
F. To share real-time traffic video images/streams for viewing only by other agencies
for the purpose of the PROGRAM. Recording of shared traffic video images/streams shall not be
allowed by PARTICIPATING AGENCY'S transportation staff and shall only be used for
PARTICIPATING AGENCY'S law enforcement purposes consistent with local jurisdiction policy.
G. To authorize the LEAD AGENCY to share travel information to the public and
media via mobile applications.
H. To authorize the LEAD AGENCY to share traffic data including Signal Phasing and
Timing (SPaT) to the automobile industry or their representatives for integration of
connected/autonomous/automated vehicles.
I. To waive fees associated with any permits for the design, installation, testing,
commissioning, operations, and maintenance of the PROGRAM.
J. To allow LEAD AGENCY, or designated representative, to access
PARTICIPATING AGENCIES signal controllers, signal communication systems, traffic
management system, arterial management systems, video management systems, and other ITS
technologies (hardware and software) to construct the PROGRAM projects
K. To pay back all funds utilized on PROGRAM corridors within the PARTICIPATING
AGENCY'S boundaries in the event that the PARTICIPATING AGENCY is determined to have
become non -participating.
ARTICLE 4. DELEGATED AUTHORITY
The actions required to be taken by PARTICIPATING AGENCIES in the implementation of
this Agreement are delegated to their respective City Manager, or County Transportation Director,
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or their designee(s), and the actions required to be taken by LEAD AGENCY in the implementation
of this Agreement are delegated to LEAD AGENCY's Executive Director or designee.
ARTICLE 5. INDEMNIFICATION
A. To the fullest extent permitted by law, each PARTICIPATING AGENCY shall defend
(at PARTICIPATING AGENCY' sole cost and expense with legal counsel reasonably acceptable to
LEAD AGENCY), indemnify, protect, and hold harmless LEAD AGENCY, its officers, directors,
employees, and agents (collectively the "Indemnified Parties"), from and against any and all liabilities,
actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages,
demands, orders, penalties, and expenses including legal costs and reasonable attorney fees
(collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons
(PARTICIPATING AGENCY' employees included), for damage to property, including property
owned by LEAD AGENCY, or from any violation of any federal, state, or local law or ordinance,
alleged to be caused by the negligent acts, omissions or willful misconduct of PARTICIPATING
AGENCY, its officers, directors, employees or agents in connection with or arising out of the
performance of this Agreement.
B. To the fullest extent permitted by law, LEAD AGENCY shall defend (at LEAD
AGENCY's sole cost and expense with legal counsel reasonably acceptable to PARTICIPATING
AGENCIES), indemnify, protect, and hold harmless PARTICIPATING AGENCIES, its officers,
directors, employees, and agents (collectively the "Indemnified Parties"), from and against any and
all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards,
settlements, damages, demands, orders, penalties, and expenses including legal costs and
reasonable attorney fees (collectively "Claims"), including but not limited to Claims arising from
injuries to or death of persons (LEAD AGENCY' employees included), for damage to property,
including property owned by PARTICIPATING AGENCIES, or from any violation of any federal,
state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful
misconduct of LEAD AGENCY, its officers, directors, employees or agents in connection with or
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arising out of the performance of this Agreement.
C. The indemnification and defense obligations of this Agreement shall survive its
expiration or termination.
ARTICLE 6. ADDITIONAL PROVISIONS
A. LEAD AGENCY and PARTICIPATING AGENCIES shall comply with all applicable
federal, state, and local laws, statues, ordinances and regulations of any governmental authority
having jurisdiction over the PROGRAM.
B. Legal Authority: LEAD AGENCY and PARTICIPATING AGENCIES hereto consent
that they are authorized to execute this Agreement on behalf of said Parties and that, by so executing
this Agreement, the Parties hereto are formally bound to the provisions of this Agreement.
C. Severability: If any term, provision, covenant or condition of this Agreement is held
to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction,
the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant
or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law
provided that the fundamental objectives of this Agreement are not materially impaired.
D. Counterparts of Agreement: This Agreement may be executed and delivered in any
number of counterparts, each of which, when executed and delivered shall be deemed an original
and all of which together shall constitute the same agreement.
E. Governing Law: The laws of the State of California and applicable local and federal
laws, regulations and guidelines shall govern this Agreement.
F. Dispute Resolution: The parties shall attempt in good faith to resolve any dispute
arising out of or relating to this Agreement promptly by negotiations between the parties' authorized
representatives. The disputing party shall give the other party written notice of any dispute. Within
twenty (20) days after delivery of such notice, the authorized representatives shall meet at a mutually
acceptable time and place, and thereafter as often as they reasonably deem necessary to exchange
information and to attempt to resolve the dispute. If the matter has not been resolved within thirty
(30) days of the first meeting, any party may initiate a mediation of the dispute. The mediation shall
be facilitated by a mediator that is acceptable to both parties and shall conclude within sixty (60) days
of its commencement, unless the parties agree to extend the mediation process beyond such
deadline. Upon agreeing on a mediator, the parties shall enter into a written agreement for the
mediation services with each party paying a pro rate share of the mediator's fee, if any. Each party
shall bear its own legal fees and expenses. If, after good faith efforts to mediate a dispute the parties
cannot agree to a resolution of the dispute, any party may pursue whatever legal remedies may be
available to it at law or in equity, before a court of competent jurisdiction and with venue in Riverside
County.
G. Litigation fees: Should litigation arise out of this Agreement for the performance
thereof, the court shall award costs and expenses, including reasonable attorney's fees, to the
prevailing party.
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This Agreement shall be made effective upon execution by all Parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on
the date first written above.
CITY OF LA QUINTA
B C� Lo' "' - Z
FRANK J. SPE K, City Manager
City of La Quinta, California
ATTEST:
COACHELLA VALLEY ASSOCIATION OF
GOVERNMENTS
By: zy,:: G,i•= .
Marion Ashley
Chairman
APPROVED AS TO FORM:
1
By: By:
SUSAN MAYSELS, City Clerk
City of La Quinta, California
APPROVED AS TO FORM
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Dated : 14 � t.t �( @
General Counsel
Approval Recommended:
B � -
Tom it
Execu a Director
Dated : a -ate -t $
11
9/11/2019
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Ship From Tracking #: 546169156
COACHELLA VALLEY ASSOCIATION OF
GOVERNMENTS
7CVAG
3710 F ED WARING DR #200 III IIIII�IIII�IIIIIIIIIIIIIIIIIIIIIII
PALM DESERT, CA 92260
Ship To
CITY OF LA QUINTA
JON MCMILLEN
78-495 CALLE TAMPICO
LA QUINTA, CA 92253
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