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2004-106-Authorizing The Town Manager To Execute An Memorandum Of Understanding For The San Francisco Bay Area Interim Center To Center Program Including Attachment 2 Policy For The Exchange Of RealRESOLUTION 2004 -106 RESOLUTION OF THE TOWN COUNCII. OF THE TOWN OF LOS GATOS AiJTHORIZING THE TOWN MANAGER TO EXECUTE AN MEMORANDUM OF UNDERSTANDING FOR THE SAN FRANCISCO BAY AREA INTERIM CENTER-TO-CENTER PROGRAM, INCLUDING ATTACHMENT 2, POLICY FOR THE EXCHANGE OF REAL-TIME TRAFFIC DATA AND REAL-TIME VIDEO WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS), CITY OF PLEASANTON, CITY OF DUBLIN, CITY OF LTVERMORE, CITY OF SAN .JOSE, CITY OF CUPERTINO, CITY OF CAMPBELL, CITY OF SANTA CLARA, CITY OF 1VIILPITAS, CITY OF FREMONT, COUNTY OF .SANTA CLARA, SANTA CLARA VALLEY TRANSPORTATION AUTHORITY, CITY AND COUNTY OF SAN FRANCISCO, AND METROPOLITAN TRANSPORTATION COMMISSION (MTC), REFERRED TO COLLECTIVELY HEREIN AS ("PARTIES") WHEREAS, the San Francisco Bay Area Interim Center-to-Center Program will benefit the Town and Parties by enabling the exchange of real-time traffic data and video between the Bray Area's Smart Corridors and :the Regional Transportation Management Center, where Caltrans, California Highway Patrol and T'ravInfo® staff are co-located. RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town of Los Gatos enter into an agreement with Parties for implementation of the San Francisco Bay Area Interim Center-to-Center Program, and that the Town Manager is authorized, and is hereby directed, to execute said agreement in the name and on behalf of the Town of Los Gatos. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 16`h day of August, 2004 by the following vote: COUNCIL MEMBERS: AYES.: :Sandy Decker, Diane McNutt, .Joe Pirzynski, Mike Wasserman, Mayor Steve Glickman. NAYS: None ABSENT: None ABSTAIN: None SIGNED: ~~ .-~`.~'-'`"--, MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GAT LOS GATOS, CALIFORNIA ~ _`r ~ i;E ~.)~ ~ ~-I~ TOWN ~'LERI~ ~ MGR ~'~': ~HH Memorandum of Understanding for~~D San Francisco Bay Area'.Interim Center-to-Cent am This Memorandum of Understanding ("MOU") effective on , 2004, when fully executed by all parties, is entered into by and between the California Department of Transportation ("Caltrans"), City of Pleasanton, City of Dublin, City of Livermore, City of San Jose,. City of Cupertino, City of Campbell, City of .Santa Clara, City of Milpitas, City of Fremont, Town of Los Gatos, County of ..Santa Cara, Santa Clara Val ey Transportation Authority, City and County of San .Francisco, and Metropo tan Transportation Commission ("MTC"), referred to collectively :herein as "Parties". This Memorandum of Understanding constitutes solely a guide to the respective intentions .and policies of the Parties. It is not intended to authorize funding or project effort, nor is it a legally binding contract. Commitments providing for the payment of funds or authorizing specific work phases will be covered by one or more separate agreements between all, or various, Parties. I. GENERAL A. The purpose of this MOU is to acknowledge the agreement of all Parties to work cooperatively in the development of an Interim Center-to-Center Program ("Program") and implementation of an Interim Center-to-Center System "System") that will enable exchange of .real-time traffic data and video between the Bay Area's Smart Corridors and the regional Transportation Management Center, where Caltrans, California Highway Patrol and TravInfo® staff are co- located. The .Parties acknowledge the need for timely, accurate and reliable information about the transportation system's performance in order to manage and operate their transportation systems as .efficiently as possible, which includes informing travelers about current conditions and options. The Program will benefit all Parties by enabling the automated exchange of real-time traffic data and real-time video, and by providing. mechanisms for the future coordination of activities by the Parties regarding the operation, maintenance and management of the System. The Parties anticipate that the functions of the System will eventually be .replaced by a more comprehensive system with multimodal and/or statewide capabilities. B. This MOU establishes an Executive Committee and a Technical Advisory Committee to guide the Program, and identifies the anticipated roles and responsibilities of the respective Parties in this process. C. Throughout the Program, the Parties will coordinate the activities necessary for the development, implementation, .operation and maintenance of the System, and will participate in the exchange of real-time traffic data and video between all Parties to support regional transportation management. N:~B&E\COUNCIL REPORTS~IvITC.MOU.ATTACHMENT.81604.doc MEMORANDUM OF L _ ,DERSTANDING ~ INTERIM CENTER-TO-CENTER PROGRAM D. The Parties to this MOU endorse the concept of systems integration based on the National ITS Architecture and Standards, and will endeavor to conform with the ITS Architecture and Standards to the greatest degree possible. II. COMMITTEES A. EXECUTIVE COMMITTEE 1. Role: The Executive Committee 'will be :responsible for .maintaining high-level support for the Program and conveying the Program's status and policy issues to the Parties' appointing governing boards, as necessary. Other roles and responsibilities of :the Executive Committee include the following: • Adopt policies .and procedures necessary for the success of the Program. In :addition to the "Policy for the Exchange of Real-Time Traffic Data and Real- . Time Video", which .Policy is marked Attachment 1, attached hereto and incorporated herein by this reference as though set forth in full, the .Executive Committee will consider the adoption of policies and procedures for configuration management, and policies and procedures for the operation, management, and maintenance of the System elements. • Resolve institutional issues, policy differences or other disagreements between Parties that cannot be resolved by the Technical .Advisory Committee ("TAC"), as defined below. The Executive Committee will address a disagreement by providing guidance to the TAC, conveying the issue to the respective appointing governing boards, or use other appropriate means. In addition, :any Party that disagrees with a decision by the TAC may request the TAC to review its decision, .and following that reconsideration, may request the. Executive Committee to review the decision of the TAC. If the Executive Committee accepts the request to review the decision, it shall convey any recommendations regarding the .decision to the TAC. • Modify this MOU to add new Parties, and .make other minor changes as necessary. 2. Members: The Executive Committee will consist of five members, with one member representing the lead agency for each ;participating Smart Corridor as well as the regional agencies, and will be composed of the following agencies: MTC, Caltrans, City of San Jose, City of Pleasanton, and City and County of San Francisco.. Each agency will ensure that an executive or senior staff level person, who can advise on agency policy, attends the Executive Committee meetings. 3. .Meetings: The Executive Committee will meet as frequently as it determines to be necessary to address issues and provide .guidance to the TAC. The Executive Committee's guidance will permit implementation of the Program in a manner that reflects and accommodates the policies of the impacted Parties. 2 MEMORANDUM OF( ~JDERSTANDING ~ INTERIM CENTER-TO-CENTER PROGRAM B. TECHNICAL ADVISORY COMMITTEE 1, Role.: The Technical Advisory Committee will be responsible for developing the Program .and designing, implementing, operating, and maintaining the System, including implementation of operational and maintenance procedures and maintenance of a configuration management system, 'The TAC may choose to establish subcommittees that better reflect the involvement of specific agencies in a particular .aspect of the Program:. The TAC will be responsible. for developing policies and procedures necessary for the success of the Program for adoption by the Executive Committee, including development of a policy and procedures for configuration management and a policy and procedures for the operation, management, and maintenance of the elements of the System. Any disagreement that is not resolved by the TAC and that could impede the Program :may be referred to the Executive Committee, which will address the disagreement by providing guidance to the TAC,. conveying the issue to the appointing .governing boards,. or other appropriate means. In addition, the TAC will informally review the final plans and specifications to be used for any construction or connection to the System prior to such plans and specifications being submitted to the appropriate :agency for formal approval. 2. 1Vlembers: The TAC will be composed of staff members, with one member .representing each of the Parties.. Each Party will ensure that their representative attends regularly scheduled meetings. 3. Meetings: The TAC will meet as frequently as it determines to be necessary, but at least every six (6) months, to discuss Program, System, and corridor-specific issues. Each Party will ensure senior staff or designated representatives are available to attend and can address specific issues on the Committee's agenda. Decisions will be made by :consensus of those in attendance; if a consensus cannot be reached, decisions will be made by a majority vote of those in attendance. When coordination is needed with entities that are not parties hereto, those entities shall be invited to participate in TAC meetings as appropriate. III. ANTICIPATED ROLES OF THE PARTIES A, .Metropolitan Transportation Commission -MTC will serve as the Program .Manager, the lead agency for software development for the Program, and will manage the delivery of Program elements. MTC intends to make available sufficient staff to provide program management services. Specifically, MTC intends to provide the following elements of the Program: • Chair Executive Committee and TAC meetings • Consultant contract oversight • Program administration and management • Program agreement development 3 MEMORANDUM OF li~,DERSTANDING INTERIM CENTER-TO-CENTER PROGRAM • Grant management • Coordinate the pursuit by all Parties of funding for future phases and on-going operations and maintenance • System testing and .acceptance • System operations, management, and maintenance • Exchange real-time transportation data and video • Coordination with regional ITS programs and standards B. Caltrans - Caltrans intends to provide the following elements of the Program: + Support MTC's grant management activities • Design/engneering review • Pursuit of funding for future phases .and on-going operations and maintenance • System operations, management, and maintenance • Constriction management and inspection (when applicable) + Exchange real-time transportation data and video Coordination with .regional ITS programs and standards C. The Cities of Pleasanton, .Dublin,. Livermore, 'San Jose, Campbell, Santa Clara Milpitas Fremont and Cupertino, County of Santa Clara, Town of Los Gatos,. Santa Clara Valley Transportation Authority, .and City and County of San Francisco intend to provide the following elements of the Program: • Ensure compliance with the objectives, requirements, and standards of their agencies • Design/engineering review • Pursuit of funding for future phases and on-going operations and maintenance • System operations, management, and maintenance • Construction management and inspection (when applicable) • Exchange .real-time transportation data and video • Coordination with .regional :ITS programs and standards • Support MTC's grant management activities D. Additional .Parties: As the Program matures and other agencies engage in the real- time management of transportation corridors, it may be advantageous for those additional :agencies to become party to this MOU. The Parties acknowledge that, upon an amendment to this MOU, additional .agencies may subsequently join the Program and become signatory to this MOU. The TAC will develop an amendment to this MOU that identifies the anticipated roles and responsibilities of each new party associated with its participation, including membership on the TAC and Executive Committee, and present the amendment to the Executive Committee. An amendment adding a new party shall be effective once it is properly executed by the new party and approved by the Executive Committee on behalf of all the other Parties. 4 i IV. TERM This MOU shall be effective when it is fully executed by all of the participating Party agencies, and will terminate on August 15, 2014, unless the Parties modify the term, in writing. IN WITNESS WHEREOF, the Parties have executed this MOU. METROPOLITAN TRANSPORTATION CALTRANS, DISTRICT 4 ~ COMMISSION- By By STEVE HEMINGER BIJAN SARTIPI Executive Director 'District Director APPROVED AS TO FORM & APPROVED AS TO FORM: PROCEDURE CYNTHIA SEGAL .Attorney Associate Counsel COUNTY OF SANTA CLARA VALLEY TRANSPORTATION AUTHORITY By By PETER KUTRAS, JR.. PETER M. CIPOLLA County Executive General Manager APPROVED AS TO FORM & LEGALITY APPROVED AS TO FORM: LESLIE ORTA SLTZANNE GIFFORD Deputy County Counsel General Counsel DATED '~ N:\B&E\COUNCIL REPORTS\MTC.MOU.ATTACHMENT.8"1604.doc MBMORANDUM OF ~.~DERSTANDING INTERIM CENTER-TO-CENTER PROGRAM CITY OF CAMPBELL By. BERNARD M. STROJNY City Manager APPROVED AS TO FORM WILLIAM SELIGMANN City Attorney CITY OF CUPERTINO By DAVE KNAPP City Manager ATTEST:. KIIVIBERLEY SMITH City Clerk APPROVED AS TO FORM CHARLES KILIAN City Attorney CITY OF DUBLIN By RICHARD AMBROSE City Manager APPROVED AS TO FORM: ELIZABETH SILVER City Attorney CITY OF FREMONT By JAN PERKINS City Manager APPROVED AS TO FORM: MICHAEL BARRETT Senior Deputy City Attorney 6 MEMORANDUM OF~~~~IDERSTANDING INTERIM CENTER-TO-CENTER PROGRAM i CITY OF LIVERMORE By LINDA BARYON City Manager APPROVED AS TO FORM; DAN SODERGREN City Attorney CITY OF MTLPITAS By THOMAS J. WILSON City Manager ATTEST: GAIL BLALOCK City Clerk .APPROVED AS TO FORM STEVEN T. MATTAS City Attorney CITY OF PLEASANTON By DEBORAH ACOSTA MCKEEHAN City Manager APPROVED AS TO FORM: MICHAEL ROUSH City Attorney CITY AND COUNTY OF SAN FRANCISCO By _ NAME Title .APPROVED AS TO FORM: NAME Title 7 MEMORANDUM OF l..•.vDERSTANDING INTERIM CENTER-TO-CENTER PROGRAM CITY OF SAN JOSE By DEL BORGSDORF City Manager APPROVED AS TO FORM: MOHAMMED HILL Deputy City Attorney CITY OF SANTA CLARA By PATRICIA MAHAN Mayor By JENNIFER SPARACINO City Manager ATTEST: JUDY BOCCIGNONE City Clerk APPROVED AS TO FORM & LEGALITY MICHAEL R. DOWNEY TOWN OF LOS GATOS By DEBRA A. FIGONE Town Manager APPROVED AS TO FORM: ORRY KORB Town Attorney 8 MEMORANDUM OF L~~DERSTANDING INTERIM CENTER-TO-CENTER PROGRAM Attachment 1 Policy for the Exchange of Real-Time Traffic Data and Real-Time Video 1 Back rg ound: The Parties to the San Francisco Bay Area Interim Center-to-Center Program ("Program"), and numerous other agencies in the Bay Area, have invested significant federal, state and local resources in the construction, operation and maintenance of systems that monitor the real-time performance of their transportation systems. Timely, accurate and reliable. data on system performance enables efficient operation and management of those systems, which includes informing travelers about current conditions and travel options. In order to assist each other in providing efficient system operations and traveler information, the Parties have entered into a Memorandum of Understanding :for the San Francisco Bay Area Interim Center-to- Center Program and implementation of the Interim Center-to-Center System ("System"). The Program and System are anticipated to .continue for several years; until replaced by a statewide center-to-center system. 2 Purpose: This Policy statement defines the intentions of the Parties regarding the exchange of real-time traffic data and video, the process for implementing that exchange, the restrictions on :the use of the data,. and the intention of the Parties to cooperate in the ongoing management, maintenance and operation of the System. 3 Interface Control Document: The Interface Control Document {ICD) for the System will define the communication protocols and standards, .data dictionary, message sets and other parameters and constraints that enable instantaneous and accurate exchange of transportation data, video,. commands,. and other information. Once the ICD is adopted by the Executive Committee, the Parties agree to :maintain compliance with the ICD. 4 Use of Data: The Parties agree to exchange real-time traffic data and video for the purpose of improving the performance, operations and .management of the transportation system, including the provision of traveler information, subject to the following conditions and restrictions. Any .Party may cease to provide all or a portion of its data if, at any time, it determines that the data is not being properly used fox the intended purpose or it is being used in violation of the Program conditions and restrictions. A. This MOU and Policy. enable, but do not require, that any Party exchange information with any other Party. The 'System will allow each Party to define the data that it will request from, and provide to, other Parties. B. Caltrans, CHP and TravInfo®, co-located in the Regional Transportation Management Center, share real-time traffic information and video. Nothing in this MOU or Policy is intended in any way to restrict the ability of those three agencies to share information with each other. N:\B&E\COUNCIL REPORTS\MTC.MOU.ATTACHMENT,81604.doc i 1VIEMORANDUM OF L. aDERSTANDING INTERIM CENTER-TO-CENTER PROGRAM Data Exchange Policy C. Unless otherwise provided for in a separate agreement between the impacted Parties, the Parties will not store any video imagery received from another Party as part of this Program. D. As the regional traveler information system for the Bay Area, TravInfo® provides the public with access to timely and accurate information in a variety of ways, including telephone, Web sites, and data feeds to local agencies., news media, and other private firms. Real-time traffic data provided to Travlnfo® may be used, directly or indirectly, for the purpose of providing accurate and timely information to travelers. TravInfo® shall, at its sole discretion, determine which data to use, fuse or discard,. and is .under no obligation to use or store any of the data it receives. E. Each Party is responsible for assuring the accuracy and timeliness of all information used to manage and operate its transportation system and to inform travelers. F. The Parties are committed to respecting and protecting the :privacy of all members of the public. No information about, or that is traceable to, any individual person will be collected, :exchanged, stored, or manipulated. All activities will be implemented in a manner consistent with Federal and California laws governing an individual's right to privacy. G. 5 aerations and Maintenance: Each Party is responsible for the operations and maintenance of the hardware, software and communications systems installed within its Transportation. Management Center as part of the System. The Parties share the responsibility for the operation and maintenance of the communication system for the System, and shall work together to ensure those responsibilities are properly executed. 6 Configuration Maria eg merit: The System needs to maintain the interfaces that are defined in the ICID. The TAC is responsible for Configuration Management and shall establish policies and procedures as necessary to fulfill its responsibilities. A. Except as provided below in Paragraph 6.B, the MOiJ and this Policy do-not restrict any Party's ability to modify, upgrade or replace its system for traffic. monitoring and control. However, each Party agrees to maintain full and complete compliance with the ICD. B, Prior to any Party .modifying any hardware, software, or communications system that is part of the System, that Party shall review its proposed modification with the TAC. Whenever possible, the Party that will be developing such a modification should inform all other Parties of the modification effort and allow interested Parties to review and/or participate in the development of the design of the modification. 10