SSSA SIGNED BY DPS - COP 3-28-17.PDF

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DPS CONTRACT NO. 2c c) 2 —0 &C)
MARICOPA COUNTY Agreement Number G-3 -0144
STATE OF ARIZONA Agreement number
CITY OF PHOENIX Agreement Number 132984
SITE-SPECIFIC SUPPLEMENTAL AGREEMENT
AMONG
THE COUNTY OF MARICOPA
THE STATE OF ARIZONA, DEPARTMENT OF PUBLIC SAFETY
AND
THE CITY OF PHOENIX
Maricopa County Agenda No. C--76-02-019-2-06
This Site Specific Supplemental Agreement ("SSSA"), an Intergovernmental Agreement
(IGA), is entered into this day of , 2016, by and among the State of
Arizona, Department of Public Safety, a branch of the Arizona state government ("AZDPS"), the
City of Phoenix ("PHOENIX"), an Arizona municipal corporation„ and Maricopa County
("COUNTY"), a political subdivision of the State of Arizona ("AZDPS," "PHOENIX" and
"COUNTY" shall collectively be referred to herein as the "Parties").
RECITALS
WHEREAS, COUNTY and AZDPS are parties to that certain Intergovernmental
Agreement dated September 18, 2002 and amended via Amendment No. 1 dated January 29, 2003
("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.
WHEREAS, COUNTY and AZDPS are parties to that certain Site-Specific Supplemental
Agreement 42 ("DPS SSSA") dated November 7, 2007 through which COUNTY grants AZDPS
permission to construct a communications tower on the County owned Thompson Peak Site. The
DPS SSSA is hereby incorporated into this Agreement.
WHEREAS, AZDPS and PHOENIX are parties to that certain Intergovernmental
Agreement DPS 2002-080, Phoenix 98439, dated June 3, 2002 ("AZDPS/PHOENIX IGA"). The
purpose of the AZDPS/PHOENIX IGA is to fulfill the need for the establishment of modern and
reliable communication systems for AZDPS and PHOENIX and to locate the needed
communications systems. The AZDPS/PHOENIX IGA is hereby incorporated into this
Agreement.

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WHEREAS, COUNTY and PHOENIX are parties to that certain Intergovernmental
Agreement No. 90036 (IGA G-30140) dated February 1, 2002 and amended via Amendment No.
1 dated April 25, 2012 ("PHOENIX IGA"). The purpose of the PHOENIX IGA is to fulfill the
need for the establishment of modem and reliable communications systems for COUNTY and
PHOENIX and to locate the needed communications systems. The PHOENIX IGA is hereby
incorporated into this Agreement.
WHEREAS, the Parties desire to enter into this SSSA to permit PHOENIX and AZDPS to
cooperatively use the AZDPS communications site on the COUNTY-owned Thompson Peak Site.
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. COUNTY RESPONSIBILITIES:
a. Allow PHOENIX access to the AZDPS communication tower ("Tower"), and
building ("Building") located at the east end of the peak for the installation of
communications equipment to be used as a part of a wide area, interoperable
communications network serving all agencies with 700 MHz compatible radios,
and Fire VHF operations.
b. Allow AZDPS and PHOENIX ingress and egress to the Site for installation,
operation and maintenance of the communications equipment mentioned in (a)
above.
c. The Parties hereby agree this SSSA does not give AZDPS or PHOENIX the
authority to enter into any other agreement 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 of the Maricopa County Board of Supervisors, such
approval shall not be unreasonably withheld. The Parties further agree COUNTY
shall be a party to any third party agreement. If a third-party agreement is proposed,
to ensure compatibility with existing users of the Thompson Peak 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.

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3, PHOENIX RESPONSIBILITIES:
a. PHOENIX shall work cooperatively with AZDPS and COUNTY to install
communications equipment specified below in the AZDPS communications site on the
COUNTY-owned Thompson Peak site located in the McDowell Mountains.
b. PHOENIX shall be responsible for all costs associated with the installation of equipment
in the communications equipment building and on the UPS Tower in accordance with the
Motorola Detailed Design package for this site and UPS policies. Copies of as-built
drawings will be made available upon request. Installed Equipment will include seven (7)
racks, spaces 35-39, 35 and 36, to support a ten (10) channel 700 MHz ISR repeater site,
900 MHz Fire Dareom and Water SCADA Base Stations, Six (6) Fire VHF base stations
and Receivers, one (1) Civilian Emergency Response Team (CERT) repeater, one UASI
UHF repeater (UTAC2) and one (1) Microwave Networks Inc., 11 GHz microwave.
Installed antennas will include up to five (5) collinear 700 MHz antennas, three (3) VHF
antennas, two (2) UHF antennas, two (2) 900 MHz antennas to support RWC, Fire and
Water systems and one (1) four foot microwave dish, hardware, and feedline;, (1) breaker
space.
c. PHOENIX equipment will be installed in the upper RU's of AZDPS provided rack 31
which is adjacent to the existing PHOENIX rack 30.
d. PHOENIX will install a Trimm GMT fuse panel at TOR which will be wired to available
breaker space at the -48v plant
e. PHOENIX shall have the right to determine the ownership of PHOENIX equipment
installed by PHOENIX at the COUNTY-owned Thompson Peak site. PHOENIX will be
responsible for providing quality control by means of physical inspections, radio
acceptance, and other testing to ensure the installation of equipment is met to standards.
f. In exchange for equipment and tower space, PHOENIX shall reimburse DPS at the rate of
$60.50 per transmitter, per month. The installed cost to be reimbursed is $60.50 x 21
transmitters x 12 months = $15,246.00 annually or $3,811.50 quarterly commencing upon
occupation of the site. This rate may be adjusted annually to reflect increased costs and/or
the addition of equipment.
g. PHOENIX agrees to be a member of, and abide by the rules and regulations established
by, the Thompson Peak Improvement Association including the payment of annual dues.
4. AZDPS RESPONSIBILITIES:
a. AZDPS shall work cooperatively with PHOENIX and COUNTY to permit the
installation of the communications equipment cited in this agreement.
b. AZDPS shall manage and ensure Site is maintained and kept in good working order.

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c. AZDPS shall provide PHOENIX with sufficient floor space in the Building to
accommodate PHOENIX'S equipment (Rack space 35-39, 30 and AZDPS Rack
31, one 19" equipment rack). PHOENIX'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 tower space to accommodate
PHOENIX'S antennas as outlined in 3-b. Any additional future expansion would
be subject to space availability.
d. AZDPS shall remain a member in good standing of the Thompson Peak
Improvement Association.
e. AZDPS agrees to continue to provide microwave backhaul capacity, three (3) TI's,
to a Phoenix microwave node as mutually agreed upon.
5. CANCELLATION: The Parties agree that the term of this SSSA will be governed by the
applicable DPS IGA, AZDS/PHOENIX IGA and PHOENIX IGA to which they are
signatory. Should particular Parties decide to cancel this SSSA, then the cancellation shall
follow the process defined in the respective IGA to which they are signatory. This SSSA
is subject to cancellation pursuant to A.R.S. 38-511.
6. ENTIRE AGREEMENT: This SSSA, together with any exhibits attached hereto and any
agreements executed contemporaneously herewith, constitutes the entire agreement among the
Parties and sets forth all of the covenants, promises, agreements, conditions and understandings,
either oral or written, among COUNTY, PHOENIX, 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,
PHOENIX and AZDPS. In the event there is a conflict between this SSSA and any of the above
mentioned Master MA's, the related Master IGA to which the particular Parties are signatory
controls.

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CITY OF PHOENIX, AN ARIZONA
MARICOPA COUNTY MUNICIPAL CORPORATION, CITY
MANAGER
AUTHORIZED SIGNATURE: AUTHORIZED SIGNATURE:
4
TYPED NAME: Clint Hickman YPED NAME: David Felix
TITLE: CHAIRMAN OF THE BOARD OF TITLE: EXECUTIVE DIRECTOR,
SUPERVISORS REGIONAL WIRELESS COOPORATIVE
DATE: DATE . cZt /.20/G
ATTEST: CLERK OF THE BOARD ATTEST: CITY CLERK
ARIZONA DEPARTMENT OF PUBLIC
SAFETY
Assistant Attorney General
Approval as to Form
1/1/157fg
TYPED NAME:
Col. Frank L. Milstead
TITLE: DIRECTOR, ARIZONA
DEPARTMENT OF PUBLIC SAFETY
DATE:

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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 ,2016
By
Attorney for the County
In accordance with A.R.S. Section 11-952, this Supplement has been reviewed by the undersigned
attorney who has determined that this Supplement is in proper form and within the powers and
authority granted to the City of Phoenixilunder the laws of the State of Arizona.
ay of
ACTING City Attorne?