11429 MC AMEND3 OFFER.PDF

Maricopa County — Formal (2016-08-17)

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Department of Energy
Western Area Power Administration
Desert Southwest Customer Service Region
P.O. Box 6457
Phoenix. AZ 85005-6457
AUG 02 2016
OVERNIGHT DELIVERY
Mr. Dennis Lindsey
Chief Real Estate Officer
Maricopa County
2801 West Durango Street
Phoenix, AZ 85009
Dear Mr. Lindsey:
Enclosed for signature are two (2) originals of Amendment No. 3 (Amendment) to Contract
No. 03-DSR-11429, as amended (Contract), between Maricopa County and Western Area Power
Administration (WAPA). The Amendment extends the term of the Contract for an additional
four (4) years and shall become effective on September 30, 2016.
If the Amendment meets with your approval, please sign and return both originals, as soon as
possible, to WAPA within thirty (30) calendar days of the date written above to one (1) of the
following addresses:
If by First Class Mail: If by Overnight Delivery:
Western Area Power Administration Western Area Power Administration
Desert Southwest Regional Office Desert Southwest Regional Office
ATTN: G6200 (Stine) ATTN: G6200 (Stine)
P.O. Box 6457 615 South 43 rd Avenue
Phoenix, AZ 85005-6457 Phoenix, AZ 85009
Do not date the Amendment. WAPA will review the Amendment upon receipt and, if
satisfactory, will date and execute both originals. One (1) executed and dated original will be
returned to you.
Questions related to the Amendment should be directed to Mr. W. Troy Stine at (602) 605-2792.
Sincerely,
Ronald E. Moulton
Senior Vice President and
Desert Southwest Regional Manager
Enclosures (2)

United States
Department of Energy
WESTERN AREA
POWER ADMINISTRATION
Desert Southwest
Regional Office
AMENDMENT
AMENDMENT NO. 3
TO
CONTRACT NO. 03-DSR-11429
MARICOPA COUNTY NO. C-76-04-007-2-03
BETWEEN
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
Desert Southwest Regional Office
AND
MARICOPA COUNTY
FOR
COMMUNICATIONS SHARING AGREEMENT

AMENDMENT NO. 3
TO
CONTRACT NO. 03-DSR-11429
MARICOPA COUNTY NO. C-76-04-007-2-03
BETWEEN
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
Desert Southwest Regional Office
AND
MARICOPA COUNTY
FOR
COMMUNICATIONS SHARING AGREEMENT
Table of Contents
Section Title Page No.
1 Preamble ............................................................................................ 1
2 Explanatory Recitals .......................................................................... 1
3 Agreement .......................................................................................... 2
4 Modification of Section 5 of the Original Contract
(Term of Contract) .......................................................................... 2
5 Term of Amendment .......................................................................... 3
6 Original Contract to Remain in Effect ............................................... 3
7 Authority to Execute .......................................................................... 3
Signature Clause ........................................................................................................ 4
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AMENDMENT NO. 3
TO
CONTRACT NO. 03-DSR-11429
MARICOPA COUNTY NO. C-76-04-007-2-03
BETWEEN
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
Desert Southwest Regional Office
AND
MARICOPA COUNTY
FOR
COMMUNICATIONS SHARING AGREEMENT
1. PREAMBLE: This Contract Amendment (Amendment) is made as of this _______ day
of _______________, 2016, between Western Area Power Administration, hereinafter
called WAPA, and Maricopa County, hereinafter called the Contractor, as part of
Contract No. 03-DSR-11429, as amended (Original Contract), pursuant to the same
authorities as the Original Contract, and subject to all of the provisions of the Original
Contract, except as amended herein, each of which may be referred to individually as
Party and collectively as Parties.
2. EXPLANATORY RECITALS:
2.1 WAPA and Contractor entered into the Original Contract, dated March 3, 2004,
where the Parties entered into a reciprocal agreement whereby WAPA obtained
space at Communication Sites and telecommunications services from Contractor
in return for Contractor obtaining space at Communication Sites and
telecommunication services from WAPA.
2.2 The Parties are licensees of the National Telecommunications and Information
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Administration (NTIA), or the Federal Communications Commission (FCC), and
have received authorization to use operational-fixed communication stations.
2.3 The Parties will share their communication facilities in a reciprocal manner as
authorized under the rules of the NTIA or the FCC.
2.4 The Original Contract is entered into between WAPA and the Contractor to
exchange space at Communication Sites and telecommunication services. WAPA
is offering space to Contractor at Communication Sites for radio equipment,
microwave dish(es), and antenna(s) in exchange for radio equipment, microwave
dish(es), and antenna(s) space for WAPA at Communication Sites. The Original
Contract is intended to represent at all times an equivalent value to each Party for
leased space and services provided by either Party. Accordingly, there is no
intention by the Parties to make payments to each other.
2.5 The Parties now desire to amend the Original Contract as follows.
3. AGREEMENT: The Parties agree to the terms and conditions set forth herein.
4. MODIFICATION OF SECTION 5 OF THE ORIGINAL CONTRACT (TERM OF
CONTRACT): Section 5 of the Original Contract is deleted in its entirety and replaced
by the following:
“5. TERM OF CONTRACT: This Contract shall become effective on March 3,
2004, and shall remain in effect until midnight, September 30, 2020; provided,
that either Party hereto may terminate this Contract upon written notice given
one (1) full fiscal year in advance to the other Party; provided further, that if this
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Contract is terminated by either Party, it shall be the duty of the terminating Party
to notify the NTIA or the FCC, if required, of the termination or expiration of the
Contract.”
5. TERM OF AMENDMENT: This Amendment shall become effective on September 30,
2016, and shall remain in effect and terminate concurrently with the Original Contract.
The Original Contract is subject to A.R.S. §38-511 and may be terminated by Contractor
pursuant thereto.
6. ORIGINAL CONTRACT TO REMAIN IN EFFECT: Except as expressly modified
by this Amendment, the Original Contract shall remain in force and effect, and this
Amendment shall be subject to all terms of the Original Contract.
7. AUTHORITY TO EXECUTE: Each individual signing this Amendment certifies that
the Party represented has duly authorized such individual to execute this Amendment that
binds and obligates the Party.
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The Parties have caused this Amendment No. 3 to Contract No. 03-DSR-11429, as
amended, to be executed on the date first written above.
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
By
Ronald E. Moulton
Title Senior Vice President and
Desert Southwest Regional Manager
Address Desert Southwest Regional Office
P.O. Box 6457
Phoenix, AZ 85005-6457
(SEAL) MARICOPA COUNTY
By
Attest: Clint Hickman
By Title Chairman, Board of Supervisors
Fran McCarroll
Title Clerk of the Board Address Maricopa County
301 W. Jefferson, 10th Floor
Phoenix, AZ 85003
APPROVED AS TO FORM:
________________________________
Deputy County Attorney
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