2017-05-04 SSSA TOWERS MOUNTAIN - COUNTY AND DPS - REVISION 11 - CLEAN DPS.DOCX
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MARICOPA COUNTY Agreement Number G-30196 AZDPS Contract Number ______________________ SITE-SPECIFIC SUPPLEMENTAL AGREEMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF MARICOPA AND THE STATE OF ARIZONA, DEPARTMENT OF PUBLIC SAFETY C-70-17-xxx-x-00 This Site Specific Supplemental Agreement (“SSSA”) is entered into as of this _______day of _______________________, 2017, by and between the State of Arizona, Department of Public Safety, a branch of the Arizona state government (“AZDPS”) and Maricopa County, a political subdivision of the State of Arizona (“COUNTY”), (“AZDPS” and “COUNTY” shall collectively be referred to herein as the “Parties”). This SSSA is entered into pursuant to terms of that certain Intergovernmental Agreement entered into by the Parties and dated September 18, 2002 (“Agreement”). RECITALS WHEREAS, the purpose of the Agreement is to fulfill the need for the establishment of modern and reliable radio communication systems for AZDPS and COUNTY. WHEREAS, the Parties desire to enter into this SSSA to permit COUNTY to cooperatively develop a new communications facility at the AZDPS-controlled communication site at Towers Mountain. 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 RESPONSIBILITIES: a. Provide COUNTY with access to, and space within the AZDPS-controlled communication site at Towers Mountain (the “Site”) of a sufficient size to allow COUNTY TO install and operate communication equipment on the existing AZDPS communication tower (“Tower”) at the Site, and to install and operate communication equipment in the existing AZDPS equipment building (“Building”) at the Site as shown on the facility plans listed in Exhibit “A” of this SSSA (the “Facility Plans”) which Exhibit “A” is attached hereto and made a part hereof. b. AZDPS shall provide COUNTY with sufficient floor space in the Building to accommodate COUNTY’s equipment as depicted in the Facility Plans. COUNTY’s equipment will be powered by a shared site battery backup system provided by AZDPS and located in the Building. In addition, AZDPS agrees to provide sufficient space on the Tower to accommodate COUNTY’s antenna requirements as depicted in the Facility Plans. AZDPS agrees to provide tower space for COUNTY’s future needs, subject to space availability. c. Provide COUNTY with ingress and egress to and from the Site for construction, operation, repair and maintenance of the COUNTY’s communication facilities at the Site. d. The Parties hereby agree this SSSA does not give COUNTY the authority to enter into any other agreement related to the Site with a third-party to construct a new communication tower or building or to add facilities, antennae, microwave dishes and/or any other type of equipment to an existing tower or building, without the formal written approval AZDPS, such approval shall not be unreasonably withheld. The Parties further agree AZDPS shall be a party to any third-party agreement. If a third-party agreement is proposed, to ensure compatibility with existing users of the Site, 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. 3. COUNTY RESPONSIBILITIES: a. COUNTY shall work cooperatively with AZDPS to develop a new COUNTY communications facility at the AZDPS-controlled communications facility at the Site. b. COUNTY shall be financially responsible for all engineering and all civil construction services required for the development of the COUNTY’s wireless communication facility at the Site. c. COUNTY’s anticipated work at the Site includes: i) Tower structure remediation including the replacement of horizontal girths located at the 20’ level on the Tower’ ii) temporary support via bracing and crane rigging during retrofit of components on the Tower; iii) special inspections during retrofit work of the Tower; iv) upgrade of interior electrical circuits serving the DC power plant for the Building; v) supply and installation of new DC power plant to the specifications of AZDPS; vi) de-installation, removal and disposal of existing two (2) battery strings serving the Building; vii) supply and installation of new batter system for the Building consisting of two (2) 24-cell, 1150AH@ 8-hour rate to 1.75 VPC batteries using C&D Technologies Model AT-21P VRLA batteries, or equivalent, in 4’ wide x 6’ high configuration and including connecting hardware and accessory kit; viii) supply, installation and configuration of two (2) new Eltek 48VDC 50A modular rectifiers with 200 to 240 VAC input and 2500 watt output; and ix) supply and installation into an existing 19 inch equipment rack location at the Building of one (1) 3kW N+1 modular redundant inverter system with automatic transfer switch consisting of 48 VDC output. d. COUNTY is not responsible for supply or installation of any additional 208/240 VAC feeds to existing DC plants for additional rectifiers at the Site. COUNTY is not responsible for the supply or installation of any 50A inverter bypass feeds at the Site. e. COUNTY shall be responsible to obtain any and all necessary building permits. f. COUNTY shall pay its pro rata share of on-going utilities and fees for maintenance of the Site. The pro rata share shall be calculated based on the percentage of in-service 120 VAC circuits used to power COUNTY equipment at the Site. This percentage shall be applied to the total monthly utilities and maintenance fees incurred to determine COUNTY’s share of allocated costs reimbursement. These allocated reimbursements (utilities and fees for maintenance of the Site) constitute the extent of COUNTY’s ongoing financial obligations to AZDPS for COUNTY’s use of the Site unless other arrangements are negotiated and this SSSA is amended. In addition, COUNTY agrees to be a member of, and abide by the rules and regulations established by, the Towers Mountain Improvement Association including the payment of annual dues, if any. 4. CANCELLATION: The Parties agree that the term of this SSSA will be governed by the Agreement. Should the Parties decide to cancel this particular SSSA, then the cancellation shall follow the process defined in the Agreement. 5. ENTIRE AGREEMENT. This SSSA, together with any exhibits attached hereto and any agreements executed contemporaneously herewith, constitutes the entire agreement between the Parties and sets forth all of the covenants, promises, agreements, conditions and understandings between COUNTY and AZDPS, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between COUNTY and AZDPS 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. 6. During the performance of this Agreement, the parties agree not to discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, or because he or she has a physical or mental handicap, or because he or she is a disabled veteran or a veteran of the Vietnam era. The aforesaid provision shall include, but not limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The parties agree that Executive Order 2009-09 is hereby fully incorporated herein by reference. 7. To the extent required by A.R.S. §§ 12-1518(B) and 12-133, the parties agree to resolve any dispute arising out of this agreement by arbitration. ARIZONA DEPARTMENT OF PUBLIC MARICOPA COUNTY SAFETY AUTHORIZED SIGNATURE: AUTHORIZED SIGNATURE: TYPED NAME: Denny Barney TYPED NAME: Colonel Frank L. Milstead TITLE: Chairman of the Board of TITLE: Director, Arizona Department of Supervisors Public Safety DATE: DATE: ATTEST: Clerk of the Board The foregoing agreement has been submitted to legal counsel for the COUNTY for review and approval. The undersigned attorney has determined that said agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Dated this ___________ day of ___________________, 2017 By______________________________________________ Deputy County Attorney The foregoing agreement has been submitted to the Attorney General’s Office. The Attorney General has determined that said agreement is in the proper form and is within the powers and authority granted under the laws of the State of Arizona. Dated this ___________ day of _________________ , 2017 By_____________________________________________ Attorney for the State EXHIBIT “A” Facility Plans See plans listed below as prepared by: Communication Services, Inc. through Motorola Solutions: TWRD – Enlarged Site Plan………………….….Sheet LE-1, revised 06/30/2016 TWRD – Elevation………………………………..Sheet LE-2, revised 06/30/2016