AMENDMENT NO. 3 (P-50132 IRON MTN) FINAL.PDF

Amendment 3
C-65-10-017-M-03
P-50132
MARICOPA COUNTY
Customer: Data Center: AZP-1 Change Order Number: Q-00004654
LIBRARY DISTRICT
This Amendment (“Amendment”) is effective as of the date of full execution of this Amendment between
MARICOPA COUNTY LIBRARY DISTRICT (“Customer”) and IRON MOUNTAIN DATA CENTERS, LLC, the
successor in interest to IO PHOENIX ONE, LLC (“Licensor”). Customer and Licensor entered into that certain
License and Master Services Agreement dated 4/13/2010, as amended by any prior amendments (collectively,
the “Agreement”). In consideration of the mutual promises and covenants herein contained, and for good and
valid consideration, the receipt and sufficiency of which are hereby acknowledged, the Agreement is hereby
amended as follows:
1. Add 55 months to the Initial Billing Term to expire on 11/30/24 shown on Attachment A, and subject to
Section 8.1(a) of Attachment B as amended herein.
2. Remove and add the services and fees shown on Attachment A as set forth below:
Services Description: Quantity Base Amount Monthly Total
The following services and License Fees are to be removed from the Agreement:
Conditioned Power
Active/Passive 1 Phase 30 Amp 208V
Effective Date: The later of 04/30/2020 or one (1) days following full 3.00 $1,709.93 ($5,129.79)
execution of this Amendment
Active 1 Phase 20 Amp 120V
Effective Date: The later of 04/30/2020 or one (1) days following full 1.00 $193.07 ($193.07)
execution of this Amendment
Customer Equipment Area
Full Cabinet
Effective Date: The later of 04/30/2020 or one (1) days following full 3.00 $1,598.64 ($4,795.92)
execution of this Amendment
Related Data Center Services
Biometric Enrollment
Effective Date: The later of 04/30/2020 or one (1) days following full 1.00 $63.34 ($63.34)
execution of this Amendment
Total Removed Monthly License Fees: ($10,182.12)
The following services and License Fees are to be added to the Agreement:
Conditioned Power
Dual Corded 1 Phase 30 Amp 208V
Availability Date: The later of 05/01/2020 or two (2) days following full 3.00 $1,341.60 $4,024.80
execution of this Amendment
Single Corded 1 Phase 20 Amp 120V
Availability Date: The later of 05/01/2020 or two (2) days following full 1.00 $516.00 $516.00
execution of this Amendment
Customer Equipment Area
Full Standard Cabinet, Location: Raised Floor
Cabinet / Footprint 3.00 $0.00 $0.00
Availability Date: The later of 05/01/2020 or two (2) days following full
execution of this Amendment
Total Added Monthly License Fees: $4,540.80

Other Fees Description Rate
License Fees shall be subject to 3.00% annual
*Escalation 3.00%
compounded increases.
Special Instructions:
1. All references to Internet Bandwidth or IP Bandwidth shall hereafter refer to Direct Internet Access or DIA.
2. *Notwithstanding anything to the contrary set forth in the Agreement, Customer’s annual compounded increases
shall not occur until May 1, 2021 and then on the anniversary of the foregoing date thereafter.
3. Section 8.1(a) of Attachment B is deleted in its entirety and replaced with the following:
This Agreement, as amended, will be effective for the Initial Term. Customer shall have the right to extend
the Initial Term by an additional sixty (60) months by providing written notice to Licensor at least ninety (90)
days prior to the end of the then current Initial Term, with License Fees equal to the then current License Fee
set forth in this Agreement, as amended, escalated at the three percent (3%) annual compounded rate. If
Customer exercises its option to extend as set forth in the foregoing sentence, Customer shall have an
additional right to further extend the Initial Term by another sixty (60) months by providing written notice at
least ninety (90) days prior to the end of the then current Initial Term at a rate equal to the then current License
Fees set forth in this Agreement, as amended, escalated at the three percent (3%) annual compounded
rate. This Agreement, as amended, will automatically renew after the Initial Term for additional terms of one
(1) year each (each, a "Renewal Term"), unless either party provides the other party with written notice that it
will not renew the Agreement, as amended, no later than ninety (90) days' prior to the end of the Initial Term
or Renewal Term (as applicable), provided that the License Fees and other charges and costs owed during
any Renewal Term shall be One Hundred and Ten Percent (110%) of the License Fees and other charges
that were billed immediately prior to such Renewal Term.
4. All capitalized terms used in this Amendment and not otherwise expressly defined herein shall have the
meanings ascribed to such terms in the Agreement.
5. Except as expressly modified above, all terms and conditions of the Agreement remain in full force and
effect and are hereby ratified and affirmed.
IN WITNESS WHEREOF, the parties hereto have entered into this Amendment as of the date set forth below.
IRON MOUNTAIN DATA CENTERS, LLC MARICOPA COUNTY LIBRARY DISTRICT
By:
Bill Gates, Chairman of the Board of Directors
Printed Name:
ATTEST:
Title:
Clerk of the Board Date
Date:
APPROVED AS TO FORM:
Approved Legal:
Deputy County Attorney Date