FIRST AMENDMENT TO ACCESS AGREEMENT WITH CITY OF PHOENIX.PDF

FIRST AMENDMENT TO ACCESS AGREEMENT
FOR AIR QUALITY MONITORS AT FIRE STATION 31
CITY CONTRACT 149479-001
MARICOPA COUNTY P50328, C-85-19-014-3-01
THIS AMENDMENT TO ACCESS AGREEMENT FOR AIR QUALITY MONITORS
(this “First Amendment”), authorized by Ordinance S-44688, is entered into as of March 13,
2024 (“Effective Date”), by and between the City of Phoenix, a municipal corporation (“City”)
and Maricopa County, a political subdivision of the State of Arizona (“County”), referred to
individually as (“Party”) and collectively (the “Parties”).
RECITALS
A. Parties entered into Access Agreement for Air Quality Monitors (“Agreement”), effective
as of March 13, 2019, authorized by Ordinance S-44688, for the installation, maintenance
and operation of Air Quality Monitors at Fire Station 31 located at 5730 E. Thunderbird
Road, Phoenix, Arizona (“Site”).
B. The Agreement provided for a five-year period beginning March 13, 2019, through
March 12, 2024, with two additional five-year option terms.
C. Parties now desire to amend the Agreement as hereinafter provided.
AGREEMENT
NOW, THEREFORE, in consideration of their mutual covenants, Parties agree as follows:
1. The Agreement is hereby amended to extend the term for five years, effective March 13,
2024, through March 12, 2029 (“First Extended Term”).
2. The Agreement has one additional five-year option term remaining upon mutual
agreement of the Parties.
3. Section 9 to the Agreement is hereby amended to add the following provision:
l. Administration of Agreement: The Assistant County Manager for Maricopa
County and/or the Real Estate Director for Maricopa County shall administer this
Agreement.
4. All capitalized terms used herein shall have the same meaning as defined in the
Agreement, unless otherwise defined in this First Amendment.
5. The First Amendment may be executed in any number of identical counterparts of all
which, when taken together, will constitute one and the same instrument. Delivery of this
First Amendment may be accomplished by electronic transmission on an executed
counterpart of this First Amendment. Signatures thus transmitted will be as valid as
manual signatures for all purposes.
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6. This First Amendment is subject to cancellation pursuant to the provisions of A.R.S. §
38-511.
7. Except as specifically amended herein, all other terms and conditions of the Agreement
shall remain in full force and effect. In the event of any conflict between the terms of this
First Amendment and the terms and provisions of the Agreement, the terms and
provisions of this First Amendment will supersede and control.
IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the last
date written below.
“CITY”
CITY OF PHOENIX, a municipal corporation
Jeffrey J. Barton, City Manager
______________________________
By: Jami R. Schmalz
Its: Deputy Finance Director
Date ____________________
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
______________________________
By: Paul M. Li
Its: Assistant Chief Counsel
Date ____________________
ATTEST:
______________________________
By: Denise Archibald
Its: City Clerk
Date: __________________
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LICENSEE:
Maricopa County, a political subdivision of the State of Arizona
____________________________________
Chairman of the Board of Supervisors
ATTEST:
____________________________________
Clerk of the Board Date
APPROVED as to FORM:
____________________________________
Deputy County Attorney Date
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