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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 i 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 1 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 2 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. 3 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 4