6.25.2026 FINAL IGA TEMPE TE083 L101 WITH EXHIBITS.PDF

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INTERGOVERNMENTAL AGREEMENT  
 
BETWEEN MARICOPA COUNTY AND THE CITY OF TEMPE 
 
FOR THE LOOP 101 INTEGRATED CORRIDOR MANAGEMENT (ICM) 
 
READINESS PROJECT  
 
(TE083) 
 
MAG #: MMA25-260C/C1 
Fed Aid #: MMA-0(302)D 
CFDA #: 20.205 
TRACS #: TE083  
 
 
This Intergovernmental Agreement (Agreement) is between the County of Maricopa, 
a political subdivision of the State of Arizona (County), and the City of Tempe, a 
municipal corporation (City). The County and the City are collectively referred to as 
the Parties or individually as a Party. 
 
 
 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. 
In association with the Maricopa Association of Governments (MAG) System 
Management and Operations (SM&O) Plan, the current Project consists of 
procuring equipment to support Integrated Corridor Management (ICM) along 
Loop 101 within the City of Tempe (Project). The Project also includes 
enhancements to the AZTech Regional Information System (ARIS) to support the 
Loop 101 ICM.

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5. 
The goal of this Project is to provide improved reliability, connectivity, safety and 
regional operations while enhancing coordination amongst the local agencies 
included in the AZTech Regional Partnership. The Project will enhance the 
capabilities of providing real-time management for ICM detour routing along the 
Loop 101 corridor by addressing existing deficiencies in infrastructure and data, 
thus improving corridor data availability and connectivity while supporting real-
time corridor operations and coordination. This Project will involve integrating, 
archiving and sharing corridor arterial data, including Automated Traffic Signal 
Performance Measures (ATSPM) high-resolution data into the Regional Arterial 
Data System (RADS) platform and developing ATSPM offline analytical tools to 
enhance real-time traffic management.  
 
6. 
Project involves the procurement of closed-circuit television cameras (CCTV) 
devices, detection devices, network communication devices, and/or traffic signal 
controllers that are inclusive of necessary hardware and software. The City is 
responsible for all field infrastructure upgrades required to support the Project 
and will complete the installation of the procured devices. The final intersection 
locations and equipment needs are detailed in Exhibit B, which is attached to this 
Agreement and incorporated by reference. The locations and equipment shall be 
mutually agreed upon by the Parties and may only be amended through written 
agreement between the County Transportation Director, or designee, and the 
City Manager, or designee, without requiring an Amendment to this Agreement. 
 
7. 
Integration of new traffic signal high resolution data into the AZTech Regional 
ATSPM system and development of ATSPM offline analytical tools will be 
completed by the County as part of this Project. The existing regional ITS 
communications networks will be leveraged to deliver this Project.  
 
8. 
The Project is funded from local and Federal funds through the MAG 
Transportation Improvement Program (TIP). The total Project cost in MAG TIP is 
$1,928,500 with a total local match for development and procurement of 
$224,971. The Project partners will share the procurement costs for ITS 
equipment at $52,013, while MCDOT will fund the remainder of the local match 
for data integration and software developed at $50,958. MCDOT will also be 
responsible for costs accrued during the design phase of the Project. The 
Arizona Department of Transportation (ADOT) review fee at $10,000 will be 
shared amongst the Project partners. The match is shared proportionally based 
on the number of procured devices and unit cost amongst the Project partners in 
addition to the shared ADOT review fee. The full Project cost breakdown and 
City’s estimated cost share is detailed in Exhibit A, which is attached to this 
Agreement and incorporated by reference. 
 
9. 
This Agreement is contingent upon the City’s compliance with the Single Audit 
Act of 1984 and the availability of federal funds through the MAG TIP: 
 
9.1 
Federal Contract Number: MMA-25-260C/C1

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9.2 
Catalog of Federal Domestic Assistance (CFDA) Number: CFDA# 20.205 
 
9.3 
Fiscal Years: FY 2027 
 
9.4 
Total Project Cost in MAG TIP: $1,928,500 
 
9.5 
Federal Obligation Award: $1,703,530 
 
9.6 
Funding Sources:  
 
9.6.1. 
Congestion Mitigation and Air Quality Funds (CMAQ) – 
$1,928,500 Federal Highway Administration (FHWA)  
 
9.6.2. 
Highway User Revenue Funds (HURF) and local revenues – 
$224,971 Local Match, distributed proportionally between the 
participating agencies. 
 
9.6.3. 
The City of Tempe shall contribute the 5.7% local match 
requirement for equipment it receives, as well as the $2,000 
design cost contribution, for an estimated total of $4,045. 
 
9.7 
Project Contact Information: 
 
9.7.1. 
Name: Alexander Lemka, TSMO Project Manager 
 
9.7.2. 
Agency: Maricopa County Department of Transportation 
 
9.7.3. 
Phone: 602-722-8288 
 
9.7.4. 
Email: Alexander.Lemka@maricopa.gov 
 
 
PURPOSE OF THE AGREEMENT 
 
10. The purpose of this Agreement is to identify the roles and responsibilities for the 
Parties with respect to the Project and define the cost sharing of the local match 
for the Project. 
 
 
TERMS OF THE AGREEMENT 
   
11. Responsibilities of the County:  
 
11.1 The County shall be the lead agency for Project design, development, and 
procurement.

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11.2 The County shall request from the City any necessary right of way, utility 
and environmental clearance background information. 
 
11.3 The County shall contribute the local match for the development costs and 
design currently estimated at $162,958.  
 
11.4 The County is not contributing to procurement phase costs and will not be 
installing any ITS equipment.  
 
11.5 Upon delivery of equipment, the County will invoice the City in the amount of 
5.7% local match requirement for all equipment received and the $2,000 
design cost contribution. 
 
11.6 The County shall procure and deliver equipment identified for signal 
enhancements to the City. The quantity and local match of equipment may 
be adjusted based on grant funding, in consultation with the City. 
 
11.7 The County shall provide Project documents to the City’s representative 
when completed. 
 
12. Responsibilities of the City:  
 
12.1 The City shall provide the County with any necessary right of way, utility, 
environmental, and existing equipment information to support design 
documentation. 
 
12.2 Within thirty (30) days of receiving the invoice from the County, the City 
shall remit payment for the 5.7% local match requirement for all ITS 
equipment received, as well as the $2,000 design cost contribution. The 
City's 5.7% local match requirement is calculated based on the grant 
application estimate for equipment allocated to the City. This amount may 
increase if available funding and actual equipment costs increase, or the 
quantity of devices allocated to the City may be adjusted to remain within 
available funding. The City will be invoiced for the actual 5.7% local match 
based on final equipment costs and quantities received. 
 
12.3 The City shall be responsible for all aspects of equipment installation and 
shall deploy the equipment within six (6) months of receipt at Project 
locations approved for the Project by the MCDOT Project manager. If the 
City cannot meet the six-month (6) deployment deadline, it shall notify the 
County in writing at least thirty (30) days prior to the deadline and request 
an extension with justification. 
 
12.4 The City shall own, operate and maintain the equipment installed within the 
City’s jurisdiction as part of this Project.

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12.5 If the City does not deploy equipment as outlined in this Agreement, it shall 
reimburse MCDOT for the Project funds expended to procure the equipment 
on the City’s behalf within sixty (60) days of written notice from MCDOT. 
 
 
 
GENERAL TERMS AND CONDITIONS 
 
13. 
To the extent permitted by law, each Party will indemnify, defend, and hold the 
other Party harmless, including any of the Party’s departments, agencies, 
officers, employees, elected officials, or agents, from and against all liability, loss, 
expense, damage or claim of any nature whatsoever that 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. 
 
14. 
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 for ten 
(10) years, or until all responsibilities of the Parties in this Agreement have been 
completed. Any and all obligations of maintenance and indemnity hereunder shall 
remain perpetual and shall survive any termination hereof and the assignment or 
assumption of this Agreement or the Project by another competent jurisdiction or 
entity. Any property acquired in performance of this Agreement shall be disposed 
of at termination of the Agreement pursuant to the terms herein. 
 
15. 
This Agreement may be amended only upon written agreement by all Parties.   
 
16. 
This Agreement is subject to the provisions of A.R.S. § 38-511. 
 
17. 
The Parties warrant that they are following A.R.S. § 41-4401 and further 
acknowledge that: 
 
17.1 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. 
 
17.2 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.

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17.3 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. 
 
17.4 Nothing in this Agreement shall make any contractor or subcontractor an 
agent or employee of the Parties to this Agreement. 
 
18. 
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. 
 
19. 
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: 
 
19.1 
The forced labor of ethnic Uyghurs in the People's Republic of 
China. 
 
19.2 
Any goods or services produced by the forced labor of ethnic 
Uyghurs in the People's Republic of China. 
 
19.3 
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. 
 
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 (5) 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. 
 
20. 
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

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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. 
 
21. 
 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 
jesse.gutierrez@maricopa.gov  
 
City of Tempe  
Deputy Transportation and Sustainability Director 
200 E. Fifth Street 
Tempe, Az 85281 
Shelly_seyler@tempe.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 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. Notice given by e-mail shall be deemed delivered one business day 
after the e-mail was sent. 
 
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. If a court of competent jurisdiction finds that any 
provision is invalid, all remaining provisions shall remain in full effect.  
 
24. 
No waiver of any term of this Agreement shall be deemed to be a continuing 
waiver of such term.

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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 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 Phoenix, 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, 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

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CITY OF TEMPE 
   
 
 
 
Approved and Accepted by: 
 
 
 
_____________________________ 
  Corey D. Woods, Mayor  
 
 
 
 
 
 
 
 
Date 
 
 
 
 
Attest by: 
 
 
 
_______________________________ 
                           Kara A. DeArrastia, City Clerk  
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. 
 
 
 
_________________________ 
Eric C. Anderson, City Attorney

TE083 — Loop 101 ICM Readiness | EXHIBIT A
Tempe
I Equipment & Cost Summary | Exhibit A
Equipment Type
Qty
Unit Cost
Procurement Cost
Local Match
(5.7%)
Federal Match (94.3%)
Total Procurement
CCTV Camera
8
$3,900
$31,200
$1,778
$29,422
$31,200
Procurement Subtotal
8
—
$31,200
$1,778
$29,422
$31,200
15% Contingency
—
—
—
$267
$4,413
$4,680
Agency Design Contribution
1
—
—
$2,000
—
—
TOTAL
8
—
$31,200
$4,045
$33,835
$35,880
Notes: Local match = 5.7% of procurement cost per grant requirements. Agency Design Contribution = $2,000 flat (100% local, separate from procurement). Federal match = 94.3% of procurement costs only.
I Full Project Cost Breakout
Category
Local Match
Federal Amount
Total
Materials
$52,012
$860,488
$912,500
Materials Closeout
$15,590
$257,910
$273,500
Construction
$50,958
$843,042
$894,000
ADOT Review Fee
$10,000
—
$10,000
Design
$112,000
—
$112,000
Grand Total
$240,560
$1,961,440
$2,202,000
Without Design
$118,560
$1,961,440
$2,080,000
Grant Application
$224,970
$1,703,530
$1,928,500
TE083 – Loop 101 ICM Readiness • Tempe • Equipment Costs & Location Registry • Exhibit A & B

TE083 — Traffic Equipment Location Registry | EXHIBIT B
Tempe
8
Locations
8
CCTV
8
Total Devices
#
Location
Controller
Switch
CCTV
Detection
Adv. Detection
Updated
Latitude
Longitude
1
Baseline/ Price east side
No
No
Yes
No
No
No
33.378561
-111.892365
2
Broadway/ Price east side
No
No
Yes
No
No
No
33.407523
-111.890293
3
Elliot/ Price east side
No
No
Yes
No
No
Yes
33.34944
-111.893074
4
Elliot/ River
No
No
Yes
No
No
No
33.34927
-111.897876
5
Guadalupe/ Country Club Way
No
No
Yes
No
No
No
33.363817
-111.902594
6
McClintock/ Bel de Mar
No
No
Yes
No
No
No
33.35969
-111.911198
7
Rio Salado/ SR101 east side
No
No
Yes
No
No
Yes
33.429352
-111.89022
8
Southern/ Los Feliz
No
No
Yes
No
No
Yes
33.392868
-111.90477
TE083 Traffic Equipment Locations • Tempe • GIS Table — Agency Breakdown