SSSA CHILDS MOUNTAIN - DPS - COUNTY FINAL 4-1-19.DOCX

SITE-SPECIFIC SUPPLEMENTAL AGREEMENT
TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
THE STATE OF ARIZONA, DEPARTMENT OF PUBLIC SAFETY
CHILDS MOUNTAIN
Maricopa County Agreement Number G-30178
C-78-19- - -00
AZDPS Contract Number_____________________
This Site Specific Supplemental Agreement (“SSSA” or “SSSA”) is entered into
this _______day of _______________________ 2019, by and between the State of
Arizona, Department of Public Safety, a branch of the Arizona state government
(“AZDPS”) and Maricopa County (“COUNTY”), a political subdivision of the State of
Arizona (“AZDPS” and “COUNTY” shall collectively be referred to herein as the
“Parties”, or individually as a “Party”).
RECITALS
WHEREAS, COUNTY and AZDPS are parties to that certain Intergovernmental
Agreement dated September 8, 2002 and amended via Amendment No. 1 dated January
29, 2003 (collectively the “DPS IGA”). The purpose of the DPS IGA is to fulfill the need
for the establishment of modern and reliable radio communication systems for AZDPS and
COUNTY. The DPS IGA is hereby incorporated into this Agreement by reference.
WHEREAS, AZDPS and the United States of America Department of the Interior,
acting through its United States Fish and Wildlife Service, are parties to that certain Permit
M-15 which was fully executed November 24, 1987 (“USDOI DPS PERMIT”). The
USDOI DPS PERMIT granted the AZDPS a right-of-way across the Cabeza Prieta
National Wildlife Refuge to establish, operate and maintain a communication site on Childs
Mountain in Arizona.
WHEREAS, COUNTY and the United States of America, acting through the
Secretary of the Interior and its United States Fish and Wildlife Service are parties to that
certain Permit M-21 which commenced July 3, 2018 (“USDOI COUNTY PERMIT”). The
USDOI COUNTY PERMIT granted the COUNTY a right-of-way across the Cabeza Prieta
National Wildlife Refuge to install facilities and equipment associated with the upgrade of
a radio communications system located on Childs Mountain in Arizona.
WHEREAS, pursuant to the terms of the DPS IGA, the Parties desire to enter into
this SSSA to permit COUNTY to cooperatively install new wireless communications
equipment at the AZDPS communications site atop Childs Mountain (“Childs Mountain
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Facility”).
TERMS OF AGREEMENT
NOW THEREFORE, in consideration of the mutual promises and undertakings of
the Parties hereinafter set forth, it is hereby agreed as follows:
1. RECITALS. The Recitals, by this reference, shall be incorporated herein and are
made a part of this SSSA.
2. AZDPS HEREBY:
a. Grants COUNTY the right to use, and the right of ingress and egress to, those
portions of AZDPS’ Childs Mountain Facility described and depicted on
Exhibit “A”, which is attached hereto and made a part hereof, to accomplish the
following tasks in accordance with the COUNTY’s Childs Mountain
construction plans dated 02/26/2019 (as amended from time to time), which are
attached hereto and made a part hereof as Exhibit “B”:
(1) Install, operate, and maintain, at its sole cost and expense, the COUNTY’s
prefabricated 12’ x 16’ communications shelter which will house the
COUNTY’s communications equipment and a COUNTY-owned battery
backup system (“COUNTY’s Equipment”); and
(2) Install and maintain a new COUNTY-owned section of cable bridge (also
sometimes referred to as an ice bridge) that will connect the new COUNTY
communications shelter to the existing AZDPS cable bridge/ice bridge
which in turn connects to AZDPS’ tower; and
(3) Install a COUNTY-supplied 70 kW Generac generator and a 1,000 gallon
liquid propane (LP) fuel tank on separate, above-grade prefabricated
concrete slabs to provide emergency backup power to the site for the
Parties’ shared use; and
(4) Provide and maintain, at AZDPS’ sole cost and expense, a common
microwave link that originates at Oatman Mountain and terminates at
Childs Mountain and provides COUNTY with the equivalent bandwidth of
two (2) T1 lines. Engineering details of this link will be developed and
mutually agreed to by the Parties' respective radio communications staff
within 30 days after the site is accepted by the COUNTY.
(5) Allow a new overhead power line to be installed on the COUNTY’s behalf,
and at COUNTY expense, from the existing utility pole at the facility to the
COUNTY’s meter on its communications shelter; and
(6) Install and maintain, at COUNTY sole cost and expense, a new lightning
protection grounding system attached to existing above grade ground leads;
and
(7) Perform, at COUNTY sole cost and expense, limited leveling and road
grading of approximately ¼ mile of the facility’s east access road during
construction in order to transport materials and supplies to the site.
b. Agrees to provide space on the future tower AZDPS plans to construct at the
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facility to accommodate COUNTY’s antennas including two (2) 700 MHz land
mobile antennas (“COUNTY’s Antennas”) and one (1) tower-top-amplifier
(“TTA”) with associated coaxial cables. The COUNTY Antennas, TTA, and
coaxial cables will be temporarily located on the new cable bridge/ice bridge
until such time that AZDPS completes their new tower construction. Once the
COUNTY’s Antennas are installed, any future expansion of COUNTY’S
Antennas is subject to AZDPS tower space availability and prior approval.
c. Agrees that after COUNTY installation, the shared generator and LP fuel tank
shall be owned, operated, and maintained by the AZDPS at its sole cost and
expense.
3. COUNTY HEREBY AGREES:
a. To work cooperatively with AZDPS to construct and/or install the
improvements described above (and set forth in Exhibit B) at the Childs
Mountain Facility.
b. That COUNTY, at COUNTY’s sole cost and expense, shall provide
engineering design and civil construction services for the proposed work.
c. Uninstall the existing AZDPS generator and fuel tank and return the items to
AZDPS.
d. That COUNTY shall pay its own utility cost. In addition, in the event an
improvement association is formed to address common area issues associated
with the Childs Mountain Facility and/or access to the Childs Mountain
Facility, COUNTY agrees to be a member of, and abide by the reasonable rules
and reasonable regulations established by, such improvement association,
including the payment of annual dues.
4. BUILDING PERMITS:
a. NOTICE IS HEREBY PROVIDED, and the Parties hereby agree, that approval
of this SSSA by the Maricopa County Board of Supervisors does not constitute
approval by Maricopa County of any building permits or approvals that may be
necessary for construction and/or installation of equipment at the Childs
Mountain Facility.
b. COUNTY shall, at its sole cost and expense, obtain any and all necessary
permits from the requisite federal, state or local jurisdiction(s).
c. When building permits are obtained, COUNTY agrees to move diligently
toward start of construction and/or installation. After installation begins,
COUNTY agrees to make every effort to ensure installation of the
improvements progresses toward completion, subject to funding availability.
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5. THIRD-PARTY AGREEMENTS: The Parties agree this SSSA does not give
COUNTY the authority to enter into any other agreement with a third-party to
install new communication equipment at the Childs Mountain Facility or to add
equipment, antennae, microwave dishes and/or any other type of equipment to the
existing AZDPS tower or building, without the formal written approval of AZDPS
and such approval shall not be unreasonably withheld. The Parties further agree
AZDPS shall be a party to any third-party communication agreement. If a third-
party agreement is proposed, to ensure compatibility with existing users of the
Childs Mountain Facility, frequency information of the third party shall be provided
to the existing users prior to the approval and execution of the third-party
agreement. This information will allow existing users to evaluate whether the
proposed third-party use is compatible with existing equipment at the site.
6. CANCELLATION: The Parties agree that the term of this SSSA shall be governed
by the DPS IGA. Should the Parties decide to cancel this particular SSSA, then the
cancellation shall follow the process defined in the DPS IGA. This SSSA is also
subject to A.R.S. § 38-511 and may be cancelled pursuant thereto by either Party.
7. ENTIRE AGREEMENT. This SSSA, together with any exhibits attached hereto
and any agreements executed contemporaneously herewith, constitutes the entire
agreement between the Parties for the Childs Mountain Facility and sets forth all of
the covenants, promises, agreements, conditions and understandings between
COUNTY and AZDPS related to the COUNTY”s use of said facility, and there are
no covenants, promises, agreements, conditions or understandings, either oral or
written, between COUNTY and AZDPS for the Childs Mountain Facility other than
as set forth herein. This SSSA shall be construed as a whole and in accordance
with its fair meaning and without regard to any presumption or other rule requiring
construction against the party drafting this SSSA. This SSSA cannot be modified
or changed except by a written instrument executed by COUNTY and AZDPS. In
the event there is a conflict between this SSSA and the above mentioned DPS IGA,
the DPS IGA controls.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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ARIZONA DEPARTMENT OF PUBLIC
MARICOPA COUNTY
SAFETY
AUTHORIZED SIGNATURE: AUTHORIZED SIGNATURE:
TYPED NAME: Bill Gates TYPED NAME: Jeremy Knoll
TITLE: Chairman of the Board of TITLE: Manager, Wireless Systems Bureau,
Supervisors Arizona Department of Public Safety
DATE: DATE:
ATTEST: Clerk of the Board
The foregoing Agreement has been The foregoing Agreement has been
submitted to legal counsel for the County submitted to the Arizona Department of
for review and approval. The undersigned Public Safety General Counsel. The
attorney has determined that said Arizona Department of Public Safety
agreement is in proper form and is within General Counsel has determined that said
the powers and authority granted under the agreement is in the proper form and is
laws of the State of Arizona. within the powers and authority granted
under the laws of the State of Arizona.
______________________________ ______________________________
Deputy County Attorney General Counsel, Arizona Department of
Public Safety
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Exhibit “A”
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Exhibit “B”
SEE ATTACHED
CHILDS MOUNTAIN PLANS DATED 02/26/2019
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