2026-04-27_ - PC 2139 -FINAL-IGA-COP-FIRE-TE088-CVAZ-PROJECT.PDF
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1 INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND CITY OF PHOENIX (FIRE DEPARTMENT) FOR THE ‘Connected Vehicle Acceleration Zone’ PROJECT Federal Grant Award #: 693JJ32550007 County Project #: TE088 This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a political subdivision of the State of Arizona (County), and the City of Phoenix, acting through its Fire Department (Department). The County and the Department are collectively referred to as the Parties or individually as a Party. This Agreement becomes effective on the date it is approved by the Maricopa County Board of Supervisors and signed by the City of Phoenix Fire Chief, whichever approval occurs last. STATUTORY AUTHORIZATION 1. The County is authorized, pursuant to Arizona Revised Statutes (A.R.S.) § 11-251 and §§ 28-6701 et. seq., to lay out, maintain, control, and manage public roads within the County. 2. The City is authorized, pursuant to A.R.S. § 9-240 and §§ 9-276 et. seq., to lay out and establish, regulate, and improve streets within the City and to enter into this Agreement. 3. Public agencies are authorized, pursuant to A.R.S. §§ 11-951 et. seq., to enter into Intergovernmental Agreements for the provision of services or joint or cooperative action. BACKGROUND 4. The project seeks to deploy interoperable Connected Vehicle (CV) and V2X technologies within Maricopa County, enabling vehicular communication with each other, other road users and roadside infrastructure, with the intent to improve the following. 4.1 Reliability of transit services through Transit Signal Priority (TSP). 4.2 Safety of vulnerable road users (VRUs) through detection and alerts. 4.3 Mobility of freight with Freight Signal Priority (FSP). 4.4 Emergency Responder, post-crash care and general community safety Docusign Envelope ID: 2F56ADC1-88FF-877D-81C5-B7CA79E928AE 2 though Emergency Vehicle Preemption (EVP). 5. The Department shall contribute and be involved in the following capacity throughout the project, to enable the use cases as described in Volume 1 of MCDOT’s Connected Vehicle Acceleration Zone application: 5.1 The Department shall explore the feasibility of placing up to 230 On Board Units (OBUs) on emergency vehicles. 5.2 The Department shall determine whether vehicles have screens to receive messages. 5.3 The Department may provide in-kind services to support cost-match. 5.4 The project is funded from local and federal funds through the federal grant award. The total project cost is $27,452,802. 6. This Agreement is contingent upon the Department’s compliance with the Single Audit Act of 1984 and the availability of federal funds through Saving Lives with Connectivity: Accelerating Vehicle to Everything (V2X): 6.1 Federal Contract Number: 693JJ32550007 6.2 Catalog of Federal Domestic Assistance (CFDA) Number: 20.205 6.3 Fiscal Years: FY 2025 6.4 Total Project Cost: $ 27,452,802 6.5 Federal Funded Amount: $19,655,242 6.6 Funding Sources: Saving Lives with Connectivity: Accelerating Vehicle to Everything (V2X) 6.7 Project Contact Information: Name: Joe Cottrell, Traffic Technology Branch Manager Agency: Maricopa County Department of Transportation Phone: 480-604-7474 Email: joe.cottrell@maricopa.gov PURPOSE OF THE AGREEMENT 7. The purposes of this Agreement are to identify the roles and responsibilities or the Parties with respect to the project and define the cost sharing of the local match for the project. Docusign Envelope ID: 2F56ADC1-88FF-877D-81C5-B7CA79E928AE 3 TERMS OF THE AGREEMENT 8. Responsibilities of the County: 8.1 The County is the lead agency for all construction and construction management and shall provide certification of right-of-way with the assistance of the Department. 8.2 The County will request from the Department any necessary right-of-way, utility and environmental clearance background information. 8.3 The County will provide design and installation documents to the Department for review in a timely manner. 8.4 The County will apply for no-cost permits for project work within Department boundaries. 8.5 The County will receive and administer the project federal-aid funding for the duration of the project. 8.6 The County will provide the construction documents and other resources for the project to the Department’s representative when completed. 8.7 The County will provide support for all equipment for the duration of the grant funding expected through 2028. After the completion of the grant further commitments may be negotiated via amendment of subsequent agreement. 9. Responsibilities of the Department: 9.1 The Department will provide the County any necessary right-of-way, utility and environmental clearance background information. 9.2 The Department shall designate a point of contact for the project. 9.3 The Department will provide timely review of all design and installation documents provided by the County. The Department shall provide comments to the County within 5 calendar days after receiving documents for review from the County. 9.4 The Department shall make available to the County all active emergency response vehicles identified for the installation of On-Board Units (OBUs), provided by the County. 9.5 The Department shall coordinate with the County to provide access to such vehicles at locations and schedules agreed upon in advance by both Parties Docusign Envelope ID: 2F56ADC1-88FF-877D-81C5-B7CA79E928AE 4 to facilitate installation activities to minimize disruption to the Departments operations. 9.6 The Department shall provide technical assistance to the County or its designated contractors, including access to vehicle specifications, diagnostic information and vehicle system interfacing with the OBUs, and upon reasonable request, provide available personnel to answer technical questions or assist in resolving installation-related issues. 9.7 The Department may provide installation services as an in-kind match for the project and provide documentation in support. 9.8 The Department will issue the County no-cost permits for project work within the Department boundaries. 9.9 The Department will own, operate, and maintain the equipment installed within the Department’s jurisdiction as part of this project upon completion of the project and as outlined in Volume 1 of MCDOT’s Connected Vehicle Acceleration Zone application. 9.10 The Department will assist in delivery of the project per the schedule outlined in Volume 1 of MCDOT’s Connected Vehicle Acceleration Zone application. 9.11 The Department will participate for the duration of the grant funding expected through 2028. After the completion of the grant further commitments may be negotiated via amendment of subsequent agreement. GENERAL TERMS AND CONDITIONS 10. Each party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other party (as “Indemnitee”) from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney’s fees) (“Claims”), but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. Each party must use its best efforts to cause all contractors (each an “Additional Indemnitor”) to indemnify, defend, save and hold harmless the other party from and against any and all Claims caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the Additional Indemnitor and persons for whom they are vicariously liable. 11. This Agreement shall remain in full force and effect until the 2028 termination of grant funding. After the completion of the grant further commitments may be negotiated via amendment or subsequent agreement. Docusign Envelope ID: 2F56ADC1-88FF-877D-81C5-B7CA79E928AE 5 12. This Agreement may be amended only upon written Agreement by all Parties. 13. This Agreement is subject to the provisions of A.R.S. § 38-511. 14. The Parties warrant that they are following A.R.S. § 41-4401 and further acknowledge that: 14.1 Any contractor or subcontractor who is contracted by a Party to perform work on the project shall warrant their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. § 23- 214(A), and shall keep a record of the verification for the duration of the employee’s employment or at least three (3) years, whichever is longer. 14.2 Any breach of the warranty shall be deemed a material breach of this Agreement of which breaching party may be liable for penalties including termination of the Agreement. 14.3 The Parties retain the legal right to inspect the papers of any contractor or subcontractor employee who works on the project to ensure that the contractor or subcontractor is complying with the warranty above and that the contractor agrees to make all papers and employment records of said employee available during normal working hours to facilitate such an inspection. 14.4 Nothing in this Agreement shall make any contractor or subcontractor an agent or employee of the Parties to this Agreement. 15. Any contractor or subcontractor who engages in for-profit activity and has 10 or more employees, if the value of the contract is a minimum of $1,000,000, certify it is not currently engaged in and agrees for the duration of this Agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued according to 50 U.S.C. § 4842. 16. Each Party warrants and certifies that no contractor or vendor under contract with the Party to provide goods or services toward the accomplishment of the objectives of this Agreement currently has, and for the duration of the contract will not, use: 16.1 The forced labor of ethnic Uyghurs in the People's Republic of China. 16.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. 16.3 Any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. Docusign Envelope ID: 2F56ADC1-88FF-877D-81C5-B7CA79E928AE 6 If any Party becomes aware during the term of the Agreement that any contractor or vendor is not in compliance with this paragraph, the Party shall notify the other Party within five business days after becoming aware of the noncompliance. Failure of the Party to provide a written certification that the contractor or vendor has remedied the noncompliance within one hundred eighty (180) days after notifying the public entity of its noncompliance, this Agreement shall terminate unless the Term of this Agreement shall end prior to said one hundred eighty (180) day period. 17. It shall be a material breach of this Agreement for a Party to fail to observe or perform any of the material covenants, conditions or provisions of this Agreement, where such failure shall continue for a period of thirty (30) days after the non- defaulting Party provides the defaulting Party with written notice of such failure; provided, however, that such failure shall not be a Default if the defaulting Party has commenced to cure the Default within such thirty (30) day period and thereafter is diligently pursuing such cure to completion. The total aggregate cure period shall not exceed ninety (90) days unless the Parties otherwise agree in writing. In the event of Default, the non-defaulting Party, at its option, may terminate this Agreement without waiving any available remedies at law or in equity. 18. All notices required under this agreement to be given in writing shall be sent to: Jesse Gutierrez Transportation Director Maricopa County Department of Transportation 2901 West Durango Street Phoenix, AZ 85009 Jesse.Gutierrez@maricopa.gov Michael J. Duran Fire Chief Phoenix Fire Department 150 South 12th Street Phoenix, AZ 85034 firechief.pfd@phoenix.gov All notices required or permitted by this Agreement or applicable law shall be in writing and may be delivered by e-mail, in person (by hand or 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 paragraph. Either Party may by written notice to the other specify a different address for 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 shown, the postmark thereon. If sent by regular mail, the notice shall be deemed given 72 hours after the notice is addressed as Docusign Envelope ID: 2F56ADC1-88FF-877D-81C5-B7CA79E928AE 7 required in this paragraph 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 notice to the Postal Service or courier. Notice given by e-mail shall be deemed delivered one business day after the e-mail was sent. 19. Any funding provided for in this Agreement, other than in the current fiscal year, is contingent upon being budgeted and appropriated by the governing bodies of the Parties in such fiscal year. 20. This Agreement shall be construed as a whole and under its fair meaning and without regard to any presumption or other rule requiring construction against the party drafting this Agreement. If any provision is found invalid or unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall continue in full effect. 21. The waiver by any Party of any right granted to it under this Agreement is not a waiver of any other right granted under this Agreement, nor may any waiver be deemed to be a waiver of a subsequent right obtained because of the continuation of any matter previously waived. 22. Except as otherwise provided in this Agreement, all covenants, agreements, representations, and warranties outlined in this Agreement, or any certificate or instrument executed or delivered according to this Agreement shall survive the expiration or earlier termination of this Agreement for a period of one (1) year. 23. 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 the same instrument. Electric signatures are acceptable as original signatures. 24. The Parties will execute and/or deliver to each other such other instruments and documents as may be reasonably necessary to fulfill the covenants and obligations to be performed by such Party according to this Agreement. 25. The venue for any claim arising out of or in any way related to this Agreement shall be Maricopa County, Arizona. 26. This Agreement shall be governed by the laws of the State of Arizona. End of Agreement - Signature Page Follows Docusign Envelope ID: 2F56ADC1-88FF-877D-81C5-B7CA79E928AE 8 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. MARICOPA COUNTY Recommended by: Jesse Gutierrez, P.E. Date Transportation Director Approved and Accepted by: _______________________________ Chair Date Board of Supervisors Attest by: _______________________________ Clerk of the Board Date APPROVAL OF DEPUTY COUNTY ATTORNEY I hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the Agreement to be in proper form and within the powers and authority granted to the County by the Board of Supervisors under the laws of the State of Arizona. _______________________________ Deputy County Attorney Date Docusign Envelope ID: 2F56ADC1-88FF-877D-81C5-B7CA79E928AE 4/20/2026 4/22/2026 Docusign Envelope ID: 2F56ADC1-88FF-877D-81C5-B7CA79E928AE