Res 2619 Maricopa County IGA for the Connected Vehicle Accerleration Zone Project 09 09 25
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RESOLUTION NO. 2619
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF TOLLESON,
ARIZONA, APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE
CITY OF TOLLESON AND MARICOPA COUNTY FOR THE CONNECTED VEHICLE
ACCELERATION ZONE PROJECT (TE088), AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT.
WHEREAS, Maricopa County, through the Maricopa County Department of
Transportation (MCDOT), is leading the Connected Vehicle Acceleration Zone Project (TE088),
which will deploy interoperable Connected Vehicle (CV) and Vehicle-to-Everything (V2X)
technologies to improve transit reliability, roadway safety, freight mobility, and emergency
response; and
WHEREAS, the City of Tolleson desires to participate in the Project and enter into an
Intergovernmental Agreement with Maricopa County to define roles, responsibilities, and cost
sharing for the local match requirements, as authorized by A.R.S. § 11-951 et seq.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
TOLLESON, ARIZONA, as follows:
Section 1. The recitals above are hereby incorporated as if fully set forth herein.
Section 2. The Intergovernmental Agreement between the City of Tolleson and Maricopa
County for the Connected Vehicle Acceleration Zone Project (TE088) is hereby approved in
substantially the form attached hereto as Exhibit A and incorporated herein by reference.
Section 3. The Mayor, City Manager, City Clerk and City Attorney are hereby authorized
and directed to take all steps necessary to cause the execution and delivery of this
Intergovernmental 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 City of Tolleson, Arizona, on this
9th day of September, 2025.
____________________________________
Juan F. Rodriguez, Mayor
ATTEST: ____________________________________
Crystal Zamora, City Clerk
APPROVED AS TO FORM: ____________________________________
Justin Pierce, City Attorney
EXHIBIT A
TO
RESOLUTION NO. 2619
[Intergovernmental Agreement]
See following pages.
1
INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND
THE CITY OF TOLLESON
FOR THE ‘Connected Vehicle Acceleration Zone’ PROJECT
(TE088)
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 Tolleson, an Arizona
municipal corporation (City). The County and the City 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 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.
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 Vehicle to
Everything (V2X) technologies within Maricopa County, enabling vehicular
communication with each other, other road users, and roadside infrastructure, with
the intent to improve the following.
4.0
Reliability of transit services through Transit Signal Priority (TSP).
4.1
Safety of vulnerable road users (VRUs) through detection and alerts.
4.2
Mobility of freight with Freight Signal Priority (FSP).
4.3
Emergency Responder, emergency vehicle priority, post-crash care, and
general community safety though Emergency Vehicle Preemption (EVP).
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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 and federal funds through the federal grant award.
The total Project cost is $27,452,802.
7.
This Agreement is contingent upon the City’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: 20.205
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 the Project and to define the 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 installation documents to
the City for review in a timely manner.
9.4
The County will request from the City any necessary right-of-way, utility,
and environmental clearance background information.
9.5
The County will provide certification of right-of-way with the assistance
of the City.
9.6
The County will apply for no-cost permits for Project work within City
boundaries.
9.7
The County, or by extension the contractor, will not modify, configure, or
program any device in the traffic signal right-of-way without approval
from the City.
9.8
The County, or by extension the contractor, will only conduct work in the
City right-of-way in the presence of an employee from the City.
9.9
The County, or by extension the contractor, will not modify, configure, or
program any device in a City vehicle without approval from the City.
9.10 The County will provide the construction documents and other resources
from the Project to the City’s representative when completed.
9.11 The County shall issue invoice to the City for the required local match
contribution. Invoices shall be sent in July 2025 and July of 2026, each
in the amount of $12,500 for a total local match contribution of $25,000.
10.
Responsibilities of the City:
10.1 The City 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 City 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 City will assist in delivery of the Project per the schedule outlined in
the Appendix and within the City’s boundaries.
10.4 The City will provide timely review of all procurement, design, and
installation documents provided by the County. The City will provide
comments to the County within five (5) working days after receiving
documents for review from the County.
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10.5 The City will provide the County any necessary right-of-way, utility, and
environmental clearance background information.
10.6 The City will issue the County no-cost permits for Project work within the
City boundaries.
10.7 The City will coordinate with the County contractors and partners to
install up to 15 Roadside Units (RSUs) or virtual RSUs at signalized
intersections throughout the City.
10.8 The City will make good faith efforts to upgrade traffic signal controllers
to ensure compatibility with Connected Vehicle (CV) and Vehicle to
Everything (V2X) equipment. As part of the Project, it is anticipated that
the City will receive no fewer than 10 traffic signal controllers to support
the requirements of this project. The exact number of traffic signal
controllers may be adjusted as specified through the Systems
Engineering process.
10.9 The City will provide VPN access to the County’s ITS Network
Administrator to the communication devices located within the City’s
jurisdiction as outlined in the Appendix within the Project’s boundaries.
10.10 The City will not be held responsible for the data provided by Signal
Phase and Timing (SPaT) messages due to latency issues,
communications loss, or other network-related issues.
10.11 The City will not be held responsible for the usage of Signal Phase and
Timing (SPaT) messages by the end-users.
10.12 The City shall make available to the County up to five (5) vehicles
involved in active emergency response for the installation of (OBUs)
provided by the Project.
10.13 The City shall provide access to the emergency response vehicles at
locations and schedules agreed upon in advance with the County to
facilitate installation activities to minimize disruption to the City
operations.
10.14 The City 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.
10.15 The City will dedicate an estimated $5,000 in staff time to support the
development, testing, deployment, and operation of the vulnerable road
user (VRU), Transit Signal Priority (TSP), Freight Signal Priority (FSP),
and Emergency Vehicle Preemption (EVP) technologies.
10.16 Within thirty (30) days of receipt of the invoices from the County, the City
will remit payment for the local match requirement. The County shall
issue invoices to the city in July 2025 and July 2026, each in the amount
of $12,500 for a total local match contribution of $25,000.
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10.17 The City will provide $25,000 in local matching funds for Project
expense.
10.18 The City will own, operate, and maintain the equipment installed within
the City’s jurisdiction as part of this Project and upon completion of the
Project as outlined in the Appendix within the Project’s boundaries.
10.19 The City will be responsible for equipment repairs and replacements
following the expiration of the grant-funded portion of the Project. This
responsibility shall continue for a period of five (5) years during the Post-
Deployment Phase.
10.20 The City will respond to maintenance, operation, and repairs no later
than 30 days after notice of failed equipment.
GENERAL TERMS AND CONDITIONS
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
stipulations previously indicated have been satisfied.
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.The Parties
warrant that they are in compliance with A.R.S. Section 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 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.
14.2 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.
6
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 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.
14.4 Nothing in this Agreement shall make any contractor or subcontractor
an agent or employee of the Parties to this Agreement.
15.
The Parties warrant that they are following 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 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.
15.2 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.
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
that the contractor agrees to make all papers and employment records
of said employee available during normal working hours 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.
15.5 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
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the People's Republic of China.
16.4 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.
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:
Maricopa County Department of Transportation
Transportation Director
2901 West Durango Street
Phoenix, AZ 85009
City of Tolleson
Jason Earp
Development Services Director
9055 W. Van Buren Street
Tolleson, AZ 85353
19.
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
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.
20.
Any funding provided for in this Agreement, other than in the current fiscal year, is
8
contingent upon being budgeted and appropriated by the governing bodies of the
Parties in such fiscal year.
21.
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.
22.
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.
23.
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.
24.
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.
25.
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.
26.
The venue for any claim arising out of or in any way related to this Agreement shall
be Maricopa County, Arizona.
27.
This Agreement shall be governed by the laws of the State of Arizona.
End of Agreement - Signature Page Follows
9
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.
MARICOPA COUNTY
Recommended by:
_____________________________
Jesse Gutierrez
Date
Transportation Director
Approved and Accepted by:
_____________________________
Chairman
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
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CITY OF TOLLESON
Recommended by:
_____________________________
City Manager
Date
Approved and Accepted by:
_____________________________
Mayor
Date
Attest by:
_____________________________
Clerk of the Council
Date
APPROVAL OF CITY 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 City by its respective governing body under the laws of the State of Arizona.
_________________________
City Attorney