2025-10-01_ - PC 1690 -MCDOT-ACA-IGA-TE088-CVAZ-FINAL-DOCX.PDF

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INTERGOVERNMENTAL AGREEMENT  
 
BETWEEN MARICOPA COUNTY AND  
 
THE ARIZONA COMMERCE AUTHORITY 
 
FOR THE ‘Connected Vehicle Acceleration Zone’ PROJECT  
(TE088) 
Federal Grant Award #: 693JJ32550007  
COUNTY PROJECT #: TE088 
 
 
 
This Intergovernmental Agreement (Agreement) is made by and between the County of 
Maricopa, a political subdivision of the State of Arizona (County), and the Arizona 
Commerce Authority, an Arizona agency (ACA). The County and the ACA are collectively 
referred to as the Parties or individually as a Party. 
This Agreement becomes effective as of the date it is approved by the Maricopa County 
Board of Supervisors. 
 
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 ACA is authorized, pursuant to A.R.S. § 41-1502, to provide private sector 
leadership in growing and diversifying the economy of Arizona, creating high-quality 
employment in this state through expansion, attraction, and retention of businesses 
and marketing this state for the purpose of expansion, attraction, and retention of 
businesses. The ACA is authorized, pursuant to A.R.S. § 41-1504, to enter into 
contracts and intergovernmental agreements.  
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 Parties seek to deploy interoperable Connected Vehicle (CV) and Vehicle to 
Everything (V2X) technologies within Maricopa County as part of the Connected 
Vehicle Acceleration Zone (the Project). The Project seeks to enable 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). 
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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, emergency vehicle priority, post-crash care, and 
general community safety though Emergency Vehicle Preemption (EVP). 
5. 
The Project shall be executed in the following three (3) phases. 
5.1 
Design, build, and test phase. The expected duration of this phase is 
eighteen (18) months from the effective start date of the project. 
5.2 
Operate and evaluate phase. Upon completion of the design, build and 
test phase, the system will enter operational status. This phase is 
expected to last between twelve (12) to eighteen (18) months. 
5.3 
Post-deployment phase. The duration for post-deployment operations and 
maintenance planning shall extend for a period of five (5) years. This 
period is not grant funded. 
6. 
The Project is funded from local funds and through a federal grant award. The total 
Project cost is $27,452,802.  
 
7. 
This Agreement is contingent upon the ACA’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): 
7.1 
Federal Contract Number: 693JJ32550007 
7.2 
Catalog of Federal Domestic Assistance (CFDA) Number: xxx 
7.3 
Fiscal Years: FY 2025 
7.4 
Total Project Cost: $27,452,802  
7.5 
Federal Funded Amount: $19,655,243 
7.6 
Funding Sources:  
i. Saving Lives with Connectivity: Accelerating Vehicle to 
Everything (V2X) 
 
7.7 
Project Contact Information: 
i. Name: Joe Cottrell, Traffic Technology Branch Manager 
ii. Agency: Maricopa County Department of Transportation 
iii. Phone: 480-604-7474 
iv. Email:Joe.Cottrell@Maricopa.Gov  
 
 
PURPOSE OF THE AGREEMENT 
8. 
The purposes of this Agreement are to identify the roles and responsibilities of the 
Parties with respect to their collaboration regarding the Project and to define certain 
cost sharing of the local match requirements for the Project. 
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TERMS OF THE AGREEMENT 
9. 
The County:  
9.1 
The County is the lead agency for all planning, design, procurement, 
construction, and construction management for the Project. 
9.2 
The County will receive and administer the project federal-aid funding for 
the duration of the Project. 
9.3 
The County will provide planning, design and outreach documents to the 
ACA for review in a timely manner. 
9.4 
The County shall issue invoices to the ACA for the required direct local 
match 
contribution. 
Invoices 
shall 
be 
sent 
via 
email 
to 
APTeam@azcommerce.com (with cc to MarisaW@azcommerce.com) in 
July 2025, July 2026, and July 2027, each in the amount of $25,000 for a 
total local match contribution of $75,000.  
9.5 
The County will provide $254,155 in grant funds for Intelligent 
Transportation Society of America (ITSA) expenses. 
9.6 
Within thirty (30) days of receipt of the invoices from the ACA, the County 
will remit payment for the ITSA effort. The ACA shall issue invoices to the 
County for a total fee of $254,155 for ITSA efforts.  
10. The ACA: 
10.1 
The ACA will support the region’s participation in the Project, including 
partnership with the US DOT/FHWA and the V2X community for the 
duration of this Project. 
10.2 
The ACA will actively participate in activities throughout the Project to 
enable the use cases as described in Volume 1 of MCDOT’s Connected 
Vehicle Acceleration Zone, located in the Appendix B. 
10.3 
The ACA will assist in delivery of the Project per the schedule outlined in 
the Appendix. 
10.4 
The ACA will organize and host up to 6 workshops and 6 listening sessions 
during the 18-month Phase I and an additional 4 workshops and 4 listening 
sessions during Phase 2. These events will engage a diverse mix of key 
regional and national stakeholders to understand potential barriers and 
concerns and garner input and ideas to move the project forward and 
ensure inclusion. 
10.5 
The ACA commits to organize roundtables and forums with industry 
partners, government entities, educational institutions and community 
representatives to explore workforce needs and opportunities relative to 
the project's technology and implementation. 
10.6 
The ACA will leverage its collaborations and expertise in the Institute of 
Automated Mobility to contribute to the project's successful execution and 
the broad dissemination of best practices to inform other regions within the 
State. 
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10.7 
The ACA will dedicate an estimated $175,000 in staff time to support the 
development, testing, deployment, and operation of the Vulnerable Road 
User Safety (VRU), Transit Signal Priority (TSP), Freight Signal Priority 
(FSP), and Emergency Vehicle Preemption (EVP) technologies. 
10.8 
The ACA will provide $75,000 in local matching funds for Project expenses. 
Within thirty (30) days of receipt of the invoices from the County, each in the 
amount of $25,000 for a total local match contribution of $75,000 as 
described above, the ACA will remit payment for the direct local match 
requirement.  
10.9 
The ACA will contract with the Arizona Trucking Association (ATA) for ATA 
to provide the following:  
10.9.1 Support partnership conversations with freight haulers, MCDOT 
and other municipalities, including identifying key locations for 
freight movements and potential freight haulers. 
10.9.2 Support design efforts related to the FSP use case, including 
determining the vehicle interface, driver interactions, and data 
collection. 
10.10 
The ACA will diligently work with ITSA to contract with it for ITSA to provide 
the following in support of the Project in exchange for compensation not 
to exceed $254,155: 
10.10.1 Conduct 
national 
outreach 
efforts, 
including 
speaking 
engagements at industry events such as ITSA’s V2X Connected 
Transportation Standing Advisory Committee, ITSA’s State 
Chapter Council, and the ITS World Congress Conference, as 
well as developing and hosting public-facing webinars. 
10.10.2 Assist in developing industry reference material, including one 
ITSA training module specific to the three deployment sites’ and 
four high-level best practices and/or V2X benefits documents for 
use at a national level, with a specific focus on policy-level and 
elected leaders. 
10.10.3 Dedication of an estimated $50,000 in ITSA staff time to support 
the development, testing, deployment, and operation of the VRU, 
TSP, FSP, and EVP technologies. 
10.11 
The ACA shall issue invoices to the County for project expenses related 
to the ITSA. Invoices shall be sent on a monthly basis for a total of 
$254,155. 
 
 
GENERAL TERMS AND CONDITIONS 
 
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11. To the extent permitted by law, each Party will indemnify, defend, and save the other 
Parties harmless, including any of the Parties’ departments, agencies, officers, 
employees, elected officials, or agents, from and against all liability, loss, expense, 
damage or claim of any nature whatsoever which is caused by any activity, condition 
or event arising out of the performance or nonperformance by the indemnifying Party 
of any of the provisions of this Agreement, including but not limited to injuries or 
death of persons or damages to or destruction of property. In the event of an action, 
the damages that are the subject of this indemnity shall include costs, expenses of 
litigation, and reasonable attorney’s fees. 
12. This Agreement shall become effective as of the date it is executed by all the 
governing bodies of the Parties and shall remain in full force and effect until all 
obligations specified in Sections 9 and 10 have been satisfied or until the parties 
mutually agree upon termination. 
13. This Agreement may be amended only upon written Agreement by all Parties. 
14. This Agreement is subject to the provisions of A.R.S. § 38-511. 
15. The Parties warrant that they are in compliance with A.R.S. § 41-4401 and further 
acknowledge that: 
15.1 
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 the E-Verify program under A.R.S. Section 23-214(A), 
and shall keep a record of the verification for the duration of the 
employee’s employment or at least three years, whichever is longer. 
15.2 
Any breach of the warranty shall be deemed a material breach of the 
contract that is subject to penalties up to and including termination of the 
contract. 
15.3 
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 to 
require that the contractor make all papers and employment records of said 
employee available during normal working hours in order to facilitate such 
an inspection. 
15.4 
Nothing in this Agreement shall make any contractor or subcontractor an 
agent or employee of the Parties to this Agreement. 
16. In compliance with A.R.S. § 35-393 et al., if the contract is a minimum of $100,000, 
any contractor or subcontractor who engages in for-profit activity and has 10 or more 
employees must 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. 
 
17. 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 
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of this Agreement currently has, and for the duration of the contract will not, use: 
17.1 
The forced labor of ethnic Uyghurs in the People's Republic of China. 
17.2 
Any goods or services produced by the forced labor of ethnic Uyghurs in 
the People's Republic of China. 
17.3 
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. 
17.4 
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. 
18. 
To the extent applicable under law, the provisions set forth in A.R.S. §§ 35-214 
and 35-215 shall apply to this Agreement.  
19. 
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. 
20. 
All notices required under this agreement to be given in writing shall be sent to: 
Maricopa County Department of Transportation 
Attn: Transportation Director 
2901 West Durango Street 
Phoenix, AZ 85009 
 
Arizona Commerce Authority 
Attn: General Counsel 
100 N. 7th Avenue, Suite 400 
Phoenix, AZ 85007  
 
21. 
All notices required or permitted by this Agreement or applicable law shall be in 
writing and may be delivered in person (by hand or courier) or may be sent by 
regular or certified mail or U.S. Postal Service Express Mail, with postage prepaid, 
or by commercial delivery service performed with receipt. Any notice sent by 
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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 required in this paragraph and mailed with postage 
prepaid. Notices delivered by the United States Express Mail or overnight delivery 
service that guarantees next-day delivery shall be deemed given 24 hours after 
delivery of the notice to the Postal Service or courier for delivery.  
22. 
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. 
23. 
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. 
24. 
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. 
25. 
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. 
26. 
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. 
27. 
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. 
28. 
The venue for any claim arising out of or in any way related to this Agreement shall 
be Maricopa County, Arizona.  
29. 
This Agreement shall be governed by the laws of the State of Arizona.  
 
End of Agreement - Signature Page Follows 
 
 
 
 
 
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. 
 
 
MARICOPA COUNTY 
 
Recommended by: 
 
 
_____________________________ 
Jesse Gutierrez 
Date 
Transportation Director 
Approved and Accepted by: 
 
 
 
_____________________________ 
Name: 
Date 
 
Board of Supervisors 
 
Attested by: 
 
 
 
_____________________________ 
Name: 
Date 
Clerk of the Board 
 
 
 
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. 
 
 
 
___________________________________ 
Name: 
Date 
Deputy County Attorney 
 
 
 
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9/22/2025
9/22/2025

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ARIZONA COMMERCE AUTHORITY 
 
 
 
___________________________________ 
Ken Burns 
Date 
Chief Operating Officer 
   
 
 
 
 
 
Docusign Envelope ID: D1465F8E-E9E2-4004-837A-196266E82A9B
9/22/2025