2015-08-03 MASTER IGA MC AND FMYN - CLEAN (2).DOCX

MARICOPA County Agreement Number G-30185
Effective Date _/_/_
INTERGOVERNMENTAL AGREEMENT
Between
MARICOPA COUNTY
And
THE FORT MCDOWELL YAVAPAI NATION
C-70-16-xxx-4-00
This Intergovernmental Agreement (“IGA” or “Agreement”) is between MARICOPA County, a
political subdivision of the State of Arizona ("COUNTY") and the Fort McDowell Yavapai Nation,
a Federally-Recognized Indian Tribe (“FMYN”). FMYN is authorized by Article V, Section
13(A)(15) of the Constitution of FMYN to consult, negotiate contract and conclude and perform
agreements with Federal, state, local governments and Indian Tribes. COUNTY is authorized to
enter into this Agreement by approval of the Maricopa County Board of Supervisors pursuant to
A.R.S. § 11-952 et seq.
The purpose of this Agreement is to fulfill the need for the establishment of modern and reliable
radio communication systems for FMYN and COUNTY.
This document, including Agreement Terms, Purpose of the Agreement, and any Site-Specific
Supplemental Agreements approved herewith, shall constitute the entire agreement between
the parties and shall supersede any other agreement or understanding, oral or written.
IN WITNESS WHEREOF, parties hereto agree to carry out the terms of this Agreement.
MARICOPA COUNTY FORT MCDOWELL YAVAPAI NATION
AUTHORIZED SIGNATURE: AUTHORIZED SIGNATURE:
TYPED NAME: TYPED NAME: Ruben Balderas
TITLE: Chairman of the Board of Supervisors TITLE: President
DATE: DATE:
ATTEST: Clerk of the Board ATTEST: Secretary

The foregoing Agreement has been submitted to legal counsel to Maricopa 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 ___________________, 2015.
By______________________________________________
Deputy County Attorney
The foregoing Agreement has been submitted to General Counsel for the Fort McDowell
Yavapai Nation. General Counsel has determined that said agreement is in the proper form and
is within the powers and authority granted under the laws of the Federal Government.
Dated this ___________ day of ___________________, 2015.
_____________________________________________
Tracy Darmody, Assistant General Counsel
Page 2 of 15

INTERGOVERNMENTAL AGREEMENT BETWEEN
THE FORT MCDOWLL YAVAPAI NATION
AND
MARICOPA COUNTY
This Intergovernmental Agreement (“IGA” or “Agreement”) is entered into this _______day of
_______________________ 2015, by and between the Fort McDowell Yavapai Nation, a
federally recognized Indian Tribe, hereinafter referred to as “FMYN”, and Maricopa County, a
political subdivision of the state of Arizona, hereinafter referred to as "COUNTY", together, the
“Parties” or individually a “Party”.
RECITALS
WHEREAS, the purpose of this Agreement is to fulfill the need for the establishment of modern
and reliable radio communication systems and related equipment (“Communication Systems”)
for FMYN and COUNTY and to locate the Communication Systems on the real property owned
or controlled respectively by FMYN and COUNTY. The use of FMYN real property (“FMYN
Sites”) for the purpose of providing COUNTY with much needed radio coverage and the use of
COUNTY real property (“County Sites”) (“FMYN Sites” and “County Sites” shall collectively be
referred to herein as the “Site” or “Sites”) for the purpose of providing FMYN much needed radio
coverage not presently available will enhance the communications systems of the Parties; and
WHEREAS, this Agreement is to include all Sites where space and technical parameters allow
non-interfering operation between existing services and any new services proposed by FMYN
or COUNTY; and
WHEREAS, FMYN and COUNTY shall enter into site-specific supplemental agreements
(“SSSA” or “SSSAs”) for the installation and maintenance of Communication Systems on the
Sites. The SSSAs will be reviewed annually by the FMYN Public Safety Dispatch Supervisor
and COUNTY’s Wireless Systems Manager. The SSSAs and any amendments thereto are
hereby incorporated into and made a part of this Agreement; and
WHEREAS, all radio communications system components shall be provided by the Benefiting
Agency, as hereinafter defined, unless outlined in Site-Specific Supplemental Agreements; and
WHEREAS, any site improvements necessary to accommodate the required radio
communications systems as outlined in this Agreement and its supplements shall be made and
costs borne by the Benefiting Agency, as hereinafter defined; and
WHEREAS, the cost of permitting, engineering and maintenance of the required radio
communications systems as outlined in this Agreement and its supplements shall be borne by
the Benefiting Agency, as hereinafter defined; and
WHEREAS, COUNTY is authorized to enter into this Agreement pursuant to A.R.S. § 11-952 et
seq. and FMYN is authorized to enter into this Agreement by approval of the FMYN Community
Council pursuant to Article V, Section 13(A)(15) of the Constitution of FMYN.
TERMS OF AGREEMENT
Page 3 of 15

NOW THEREFORE, in consideration of the mutual promises and undertakings of the Parties
herein set forth and other good and valuable consideration, the sufficiency and adequacy of
which the Parties acknowledge, it is hereby agreed as follows:
1. Recitals. The Recitals, by this reference, shall be incorporated herein and are made a
part of this Agreement.
2. Co-Location. For the purpose of providing needed radio services, COUNTY has need of
Communications Systems located on FMYN Sites and FMYN has need of
Communications Systems located on COUNTY Sites. The Parties hereby agree to make
the Sites available for the co-location of the radio communications equipment of the
other, to the fullest extent that this is technically and legally feasible, pursuant to the
terms of this Agreement.
3. Term/Renewal. This Agreement shall become effective as of the date it is executed by
the Chairman of the Maricopa County Board of Supervisors and shall remain in full force
and effect for a term of one (1) year and is automatically renewed for nine (9) additional
one (1) year periods unless canceled by either Party upon written notice at least six (6)
months prior to the expiration of this Agreement.
4. Benefiting Agency. For each Site used by the other benefiting agency, that "benefiting"
agency (“Benefiting Agency”) agrees to:
a) Use the Site solely for the public safety and welfare. This IGA does not expressly
or impliedly authorize the Benefiting Agency to install additional Communication
Systems on the Sites outside of any replacement/upgrade components to its
Communication Systems already in place on a Site pursuant to an SSSA or any
amendment thereto. Should additional Communication Systems need to be
added to any Site, the Parties shall enter into a new SSSA or amend the SSSA
that pertains to the particular Site. The use of the Sites pursuant to the terms of
this IGA or any SSSA shall be solely for Communication Systems for the public
safety and welfare and those uses necessary to operate the Communication
Systems. The Benefiting Agency shall not use the Communication Systems or
the Sites for any use not authorized herein. This IGA shall be considered
automatically revoked without further action by the Host Agency, as hereinafter
defined, if the unauthorized use is not corrected within thirty (30) days after
written notice, pursuant to Section 14 below, is received by the Benefiting
Agency.
b) Contact the appropriate Host Agency department to coordinate installation or
removal of equipment. Installation and construction of Communication Systems
on the Sites is contingent upon the Benefiting Agency obtaining building permits
from the Host Agency and, unless otherwise waived in writing by the appropriate
local jurisdiction, Benefiting Agency shall obtain all legally required permits and
approvals from the appropriate local jurisdiction. If County is the Host Agency as
hereinafter defined, the Benefiting Agency shall notify the Director of the
Maricopa County Department of Planning and Development when building plans
are being submitted. Approval of an SSSA or any amendment to an SSSA shall
not be considered the granting of any permit or receipt of any type of approval
from the Host Agency or the agency with jurisdiction. Upon completion of any
Page 4 of 15

installation or construction on the Sites the Benefiting Agency shall provide a
copy of the as-builts to the Host Agency. Construction or installation or
Communication Systems shall not cause interference with Communication
Systems or equipment already on the Site and the Parties shall work together to
ensure all Communication Systems work without interference.
c) Provide maintenance for their Communication Systems using agency personnel,
or technical personnel from an outside service provider acceptable to the Host
Agency. A Benefiting Agency or Host Agency technician shall be present when
work is performed by an outside service provider inside the Host Agency's
building or on the Host Agency's tower.
d) Provide current copies of FCC licenses needed to operate radio communications
equipment to the Host Agency.
e) Be responsible for notifying the Host Agency when entering or leaving the Host
Agency's buildings. See ATTACHMENT 1 for contact phone numbers.
f) Ensure the security of the Sites and will not allow unauthorized persons to have
access thereto. Benefiting Agency shall not allow any nonofficial use of the Sites
by private or commercial organizations without the prior written consent of the
Host Agency.
g) Remove all trash and debris on the Sites and dispose of it in an appropriate
manner. No equipment or materials shall be stored outside of any enclosure.
h) Pay or cause to be paid taxes of whatever character which may be levied or
charged upon the rights of the Benefiting Agency to use the Site and/or the
Communication Systems pursuant to this IGA.
i) Pay for any and all costs and expenses associated with the planning,
construction, installation, operation and maintenance of the Benefitting Agency’s
Communication Systems. If any improvements currently existing on the Sites
need to be removed and or relocated to construct and/or install the Benefitting
Agency’s Communication System, the removal and relocation of the
improvements and the costs associated therewith shall be borne solely by the
Benefiting Agency.
5. Host Agency. For each Site used by the Benefiting Agency, the host agency (“Host
Agency”) agrees to provide:
a) Access to and from the Sites for the construction, installation, operation and
maintenance of the Communication Systems.
b) Engineering services, if requested and available, to install radio communications
equipment.
b) Building and tower space, if requested and available, to install the Benefiting
Agency’s Communication Systems.
c) Rigger services, if requested and available, to install and maintain the antennas
Page 5 of 15

and antenna feed-lines.
d) Commercial AC power and standby AC power where available at cost. No
markup of utility charges will occur, and the total due will be the net amount per
billing period from all sites under this agreement. Other power arrangements
may be agreed upon within the Site-Specific Supplemental Agreements.
e) Contact to any users associations, and landlords (i.e., BLM, Forest Service,
State Land) to obtain any necessary permission for this additional use and
submit to the Benefiting Agency for reimbursement any additional costs to these
entities caused by the Benefiting Agency’s installation of equipment.
6. Payment of Services. Both agencies have technical staff to perform the tasks needed,
however, should the Host Agency be asked to perform any tasks, the Benefiting Agency
will reimburse the Host Agency for all services requested at the current labor rates in
effect.
a) The Benefiting Agency shall pay the Host Agency for the cost of host-employee
labor, plus all related expenses for each class of employee engaged in the
necessary services. Authorized overtime shall be reimbursed at one and one-
half times the hourly rates of host-employees, plus all related expenses for each
class of employee engaged in the necessary services.
b) The Benefiting Agency shall pay the Host Agency for all parts, materials,
equipment or supplies purchased by the Host Agency to provide requested
services. This will include actual costs incurred for the purchase of all parts or
supplies, plus any shipping or handling expenses charged by the vendor. Neither
agency will charge any subsequent mark-up, administrative charges, or handling
charges on any parts, materials or supplies purchased to perform the above-
stated services.
7. Ownership of Communication Systems. It is expressly understood and agreed that the
Benefiting Agency retains title to all equipment installed by it and may modify, replace or
remove such equipment when necessary. The Parties acknowledge that all
Communication Systems of the Benefiting Agency shall be deemed personal property of
the Benefiting Agency.
8. Compliance with laws. The Parties agree to comply with all applicable federal, state and
local statutes, laws, ordinances, rules, regulations and instructions which relate to the
construction, reconstruction, management, operation and maintenance of the
Communication Systems. The Parties shall further comply with the following in their
performance of this Agreement:
a) Equal Employment Opportunity. The Parties shall not discriminate against any
employee or applicant for employment because of race, age, handicap, disability,
color, religion, sex or national origin. The Parties shall comply with Title VI and
Title VII of the Federal Civil Rights Act; the Federal Rehabilitation Act; the Age
Discrimination in Employment Act; the Americans with Disabilities Act of 1990,
A.R.S. § 41-1461 et seq., A.R.S. § 41-1492 et seq., 29 USCA § 721 (Section
504), and Arizona Executive Order 75-5 which mandates that all persons shall
have equal access to employment opportunities and any changes thereto or to
Page 6 of 15

any new laws or requirements implemented during the term of this Agreement.
b) Immigration Reform and Control Act of 1986 (IRCA). The Parties understand and
acknowledge the applicability of the Immigration Reform and Control Act (IRCA).
The Parties agree to comply with the IRCA in performance of this IGA and, upon
request, permit inspection of personnel records to verify such compliance.
c) Employer Sanctions Law.
Both parties warrant that they are in compliance with A.R.S. § 41-4401 and
further acknowledge:
That each Party and its subcontractors, if any, warrant their compliance with all
federal immigration laws and regulations that relate to their employees and their
compliance with A.R.S. § 23-214, Subsection A;
That a breach of a warranty under this Section 6(c) shall be deemed a material
breach of the contract that is subject to penalties up to and including termination
of the Agreement;
That each Party retains the legal right to inspect the papers of the other Party or
its subcontractor’s employee(s) who work under this Agreement to ensure that
the Party or subcontractor is complying with the warranty provided under Section
4.4.1 above and that each party agrees to make all papers and employment
records of said employee(s) available during normal working hours in order to
facilitate such an inspection;
9. Entry and Inspection. The Host Agency shall have the right at all times to enter onto and
inspect the Sites and the Communication Systems on the Sites. Host Agency will notify
Benefiting Agency of any unsatisfactory condition relative to the construction,
management, operation and maintenance of the Sites and the Communication Systems
on the Sites. Benefiting Agency shall take immediate action to correct such condition(s)
at Benefiting Agency’s expense.
10. Environmental Compliance. If activities of the Benefiting Agency result in adverse
environmental impacts on any Site, the Benefiting Agency will be fully accountable for
any resulting Site assessment and cleanup cost required to restore the property. Host
Agency will not seek compensation or restitution from Benefiting Agency as a
“Potentially Responsible Party” for any release of a contaminant/hazardous substance
on the premises prior to the effective date of this IGA.
a) Subject to the provisions set forth herein, Host Agency agrees the Benefiting
Agency may use, generate and store any hazardous material at or on the Sites as
long as it is solely for the construction and/or installation, operation and
maintenance of the Communication Systems.
b) Benefiting Agency shall provide to Host Agency, in writing, a complete list
identifying all hazardous material or petroleum products and approximate quantities
to be brought on Site and when such products will be removed.
Page 7 of 15

c) Additionally, Benefiting Agency shall prepare and implement any necessary
remediation action plan in accordance with all applicable federal, state, local and
city statutes, laws, ordinances, rules and regulations. Benefiting Agency shall keep
Material Safety Data Sheets documents on Site for those materials and products.
d) Benefiting Agency shall report to Host Agency within twenty-four (24) hours of
knowledge of any event or occurrence at the Sites which may or does result in
pollution or contamination adversely affecting lands, water or facilities owned or
managed by the Host Agency, including the facilities which are subject of this IGA.
e) Benefiting Agency shall protect, defend, indemnify and hold harmless Host Agency
from and against all liabilities, costs, charges and expenses, including civil or
criminal penalties, attorney’s fees and court costs arising out of or related to any
activity involving or use of a regulated substance under any applicable federal,
state, or local environmental laws, regulations, ordinances or amendments thereto
because of: (a) any such substance that came to be located on any Site and/or the
Communication Systems due to Benefiting Agency’s use or occupancy of the Sites
pursuant to the terms of this IGA, any SSSA or any amendment(s) to this IGA or
any SSSA; or (b) any release, threatened release or escape of any substance in,
on, under or from said Site that is caused, in whole or in part, by any conduct,
action or negligence of the Benefiting Agency.
For the purposes of this IGA, the term “regulated substances” shall include
substances defined as “regulated substances,” “hazardous waste,” “hazardous
substances,” “hazardous materials,” “toxic substances” or “pesticides” in the
Resource Conservation and Recovery Act, as amended by the Hazardous and
Solid Waste Amendments of 1984, the Comprehensive Environmental Response,
Compensation and Liability Act, as amended in 1986 to include Superfund
Amendments and Reauthorization Act, the Hazardous Materials Transportation Act,
the Toxic Substance Control Act, the Federal Insecticide, Fungicide and
Rodenticide Act, the relevant local and state environmental laws, and the
regulations, rules and ordinances adopted and publications promulgated pursuant
to the local, state, and federal laws. This indemnification shall include, without
limitation, claims or damages arising out of any violations of applicable
environmental laws, regulations, ordinances, rules or subdivisions thereof. This
environmental indemnity shall survive the expiration or termination of this IGA or
any amendment thereto and/or any transfer of all or any portion of the Sites and
shall be governed by the laws of the State of Arizona, if applicable. Benefiting
Agency accepts sole responsibility and liability for all wastes produced by its
operation, activities and occupation of the premises and shall comply with all
applicable laws concerning such wastes, including federal, state, and local
regulatory requirements. Any such waste must be disposed of in compliance with
the above.
f) Benefiting Agency agrees it shall be solely responsible for and assumes all
responsibility for the actions of Benefiting Agency, its agents, employees and
contractors in generating, storing, releasing, placing or allowing to remain on the
property any hazardous substances, hazardous wastes, or toxic substances
(hereinafter collectively referred to as “Hazardous Substances”), as those terms as
defined and regulated under CERCLA, 42 U.S.C. 9601 et seq., RCRA, 42 U.S.C.
Page 8 of 15

6901 et seq., or TSCA, 15 U.S.C. 2601 et seq. Benefiting Agency further agrees to
comply with all environmental laws and regulations and to take such other actions
as may be reasonably required to protect against environmental liabilities. Any
such “hazardous substances” must be disposed of pursuant to and in compliance
with all required laws and regulations concerning the use and disposal of such
substances.
g) Management and proper disposal of all hazardous material is the responsibility of
Benefiting Agency. Benefiting Agency must keep appropriate and required
documentation relating to the management and disposal of all hazardous material.
h) Host Agency agrees to defend, indemnify, and hold harmless Benefiting Agency
and its officials, electeds, agents and employees against all loss, liability, or
expense relating to personal, property, or economic injury arising from the presence
of Hazardous Substances located on any Site (other than any such Hazardous
Substances generated, stored, released, placed or allowed to remain on the
Property by the Benefiting Agency, its officials, electeds, agents, employees and
contractors in violation of the law).
11. Insurance. The Parties acknowledge and agree they are each self-insured.
a) If, during the term of this IGA, any property, buildings, fixtures, equipment or
improvements under control of the Benefiting Agency shall be destroyed or
damaged in whole or in part by fire or any other cause, except condemnation, the
Benefiting Agency shall give immediate notice to Host Agency. Benefiting Agency
shall immediately secure the area to prevent injury, vandalism and further damage
to person, improvements and contents thereof. In the event the property, buildings,
equipment or improvements were destroyed or damaged due to the act, negligence
or omission of the Benefitting Agency, its employees or contractors, the Benefiting
Agency, at its discretion, may restore the premises at least to the extent permitted
by insurance proceeds. The Benefiting Agency shall be responsible for cleaning-up
and restoring the premises to a condition reasonable under the circumstances and
acceptable to Host Agency. If the Communication Systems are capable of
restoration within ninety (90) days of the damage or destruction to the real property
and/or the improvements thereon, and if the Benefiting Agency determines it will
restore the Communication Systems, this IGA shall continue in full force and effect.
b) If Benefiting Agency can demonstrate and Host Agency may corroborate, that the
Communication Systems are not capable of restoration within ninety (90) days of
the damage or destruction to the real property and/or the improvements thereon,
Benefiting Agency shall have the right to terminate this IGA or install a temporary
facility, subject to the permit and approval requirements of this IGA, for such length
of time as necessary to complete restoration and resume operation.
c) If Benefiting Agency determines it will restore the Communication Systems,
Benefiting Agency shall, as soon after damage as possible, apply for all required
permits of whatever nature to restore damaged improvements, and complete
restorations within a date mutually agreeable to the Parties. Should such damage
or destruction occur within twelve (12) months of the IGA’s normal termination date,
the Parties may mutually agree to the extent of the restoration, if any.
Page 9 of 15

12. Default; Remedies.
a) FMYN Default. Each of the following shall constitute a material breach of this IGA
and an event of default by FMYN (“FMYN Event of Default”) hereunder: FMYN’s
failure to observe or perform any of the material covenants, conditions or provisions
of this IGA to be observed or performed by FMYN, where such failure shall continue
for a period of thirty (30) days after FMYN receives written notice of such failure
from County provided, however, that such failure shall not be a FMYN Event of
Default if FMYN has commenced the cure within such thirty (30) day period and
thereafter is diligently pursuing such cure to completion, but the total aggregate cure
period shall not exceed ninety (90) days unless FMYN and County agree in writing
that additional time is reasonably necessary under the circumstances to cure such
default.
b) County Remedies. In the event FMYN fails to perform any of its material obligations
under this IGA and is in default pursuant to Section 12(a) of this IGA, County may,
at its option, terminate this IGA. Further, upon the occurrence of any FMYN Event
of Default and at any time thereafter, County may, but shall not be required to,
exercise any remedies now or hereafter available to County at law or in equity.
c) County Default. Each of the following shall constitute a material breach of this IGA
and an event of default by County (“County Event of Default”) hereunder: County’s
failure to observe or perform any of the material covenants, conditions or provisions
of this IGA to be observed or performed by County, where such failure shall
continue for a period of thirty (30) days after County receives written notice thereof
from FMYN provided, however that such failure shall not be a County Event of
Default if County has commenced the cure within such thirty (30) day period and
thereafter is diligently pursuing such cure to completion, but the total aggregate cure
period shall not exceed ninety (90) days unless County and FMYN agree in writing
that additional time is reasonably necessary under the circumstances to cure such
default.
d) FMYN Remedies. In the event County fails to perform any of its material obligations
under this IGA and is in default pursuant to Section 12(c) of this IGA, FMYN may, at
its option, terminate this IGA. Further, upon the occurrence of any County Event of
Default and at any time thereafter, FMYN may, but shall not be required to, exercise
any remedies now or hereafter available to FMYN at law or in equity.
13. FMYN and COUNTY will compute a bill or voucher on a monthly basis for all services
referenced in Paragraph Six (6) of this Agreement. The final total will be the net amount
due after all site-specific costs are computed and submitted to the agency that has a
balance due. The billing will be for a period of service for which it is submitted (e.g.,
"previous month") and will include a description of the locations where services were
performed. All bills or vouchers submitted pursuant to this Agreement shall be dated and
reflect the Agreement number. All final bills or vouchers will be submitted to the agency
that has a balance due. All records regarding a bill or voucher, including employee time
sheets and accounting logs must be retained in compliance with Arizona State Law
Records Retention Schedule. That agency with the balance will prepare the necessary
forms to forward payment.
Page 10 of 15

14. Notice Addresses. All notices herein required to be given to County in writing and all
payments herein required shall be sent to:
COUNTY
Maricopa County
Manager, Maricopa County Wireless Systems
3324 W. Gibson Lane
Phoenix, Arizona 85009
with a copy to:
Maricopa County
Attn: Deputy Chief Real Estate Officer
2801 W. Durango
Phoenix, Arizona 85009
FMYN
Public Safety Dispatch Supervisor
Fort McDowell Yavapai Nation
10755 N. Fort McDowell Road, Suite 3
Fort McDowell, Arizona 85264
ATTN: Public Safety Communications Division
a) Notice Requirements. All notices required or permitted by this IGA or applicable law
shall be in writing and may be delivered in person (by hand or by courier) or may be
sent by regular, certified or registered mail or U.S. Postal Service Express Mail, with
postage prepaid, and shall be deemed sufficiently given if served in a manner
specified in this Section. The addresses specified in Section 14 shall be that Party’s
address for delivery or mailing of notices. Either Party may by written notice to the
other specify a different address for notice.
b) Date of Notice. Any notice sent by registered or certified mail, return receipt
requested, shall be deemed given on the date of delivery shown on the receipt card,
or if no delivery date is shown, the postmark thereon. If sent by regular mail the
notice shall be deemed given 72 hours after the same is addressed as required
herein and mailed with postage prepaid. Notices delivered by United States Express
Mail or overnight courier that guarantee next day delivery shall be deemed given 24
hours after delivery of the same to the Postal Service or courier.
15. Indemnification. To the extent permitted by law, each Party, as indemnitor, agrees to
indemnify, defend, and hold harmless the other Party, as indemnitee, from and against
any and all claims, losses, liability, costs, or expenses (including reasonable attorney’s
fees) (hereinafter collectively referred to as “claims”) arising out of bodily injury of any
person (including death) or property damage, but only to the extent that such claims are
caused by the act, omission, negligence, misconduct, or other fault of the Party and its
officers, officials, agents, employees, or volunteers.
16. Conflicts. This Agreement shall be subject to the provisions of A.R.S. § 38-511.
17. Return of Premises. At the termination or expiration of this IGA, Benefiting Agency shall
Page 11 of 15

return the Sites to Host Agency in good condition within sixty (60) days. Benefiting
Agency may abandon the improvements made thereon or shall remove said
improvements and restore the Sites to their original condition if so directed by Host
Agency.
18. No Assignment. Neither party to this Agreement shall assign any of the rights received
pursuant to the terms of this IGA without the prior written consent of the other Party.
19. Time is of the Essence. Time is of the essence of this IGA. If the date for performance
of any obligation hereunder or the last day of any time period provided herein shall fall
on a Saturday, Sunday or legal holiday of the State of Arizona, then said date for
performance or time period shall expire on the first day thereafter which is not a
Saturday, Sunday or a legal holiday. Unless otherwise specifically indicated to the
contrary, the word “days” as used in this IGA shall mean and refer to calendar days and
not business days.
20. No Partnership or Joint Venture. Nothing contained in this IGA shall create any
partnership, joint venture or other arrangement between County and FMYN. Except and
expressly provided herein, no term or provision of this IGA is intended or shall be for the
benefit of any person or entity not a party hereto, and no such other person or entity
shall have any right or cause of action hereunder.
21. Venue; Governing Law. The proper venue for any proceeding at law or in equity shall be
Maricopa County, Arizona and the County and FMYN hereby waive any right to object to
venue. This IGA shall be construed in accordance with and be governed by the laws of
the State of Arizona.
22. Entire Agreement. This IGA, together with any exhibits attached hereto, any
agreements executed contemporaneously herewith or any SSSA’s entered into by the
Parties, constitutes the entire agreement between the Parties and sets forth all of the
covenants, promises, agreements, conditions and understandings between County and
FMYN, and there are no covenants promises, agreements, conditions or
understandings, either oral or written, between County and FMYN other than as set forth
herein. This IGA 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 IGA. This IGA cannot be modified or changed except by a written
instrument executed by County and FMYN. County and FMYN have reviewed this IGA
and have had the opportunity to have it reviewed by legal counsel. This Agreement
does not imply authority to perform any tasks, or accept any responsibility, not expressly
stated in this Agreement. This Agreement does not create a duty or responsibility unless
the intention to do so is clearly and unambiguously stated in this Agreement.
23. Waiver. Waiver by either Party of any breach of any term, conditions or covenant herein
contained shall not be deemed to be a waiver of any other term, condition or covenant
herein, or of a subsequent breach of any term, covenant or condition herein. Either
Party’s consent to, or approval of, any subsequent or similar act shall not be deemed to
render unnecessary the obtaining of either Party’s consent to, or approval of, any
subsequent or similar act by the other, to be construed as the basis of an estoppel to
enforce the provision or provisions of this IGA requiring such consent.
24. Severability. Wherever possible, each provision of this Agreement shall be interpreted in
Page 12 of 15

such manner as to be valid under applicable law, but if any provision shall be invalid or
prohibited thereunder, such provision shall be ineffective to the extent of such prohibition
or invalidation but shall not invalidate the remainder of such provision or the remaining
provisions of this Agreement.
25. Authority to Execute. Any individual executing this IGA on behalf of or as representative
for a governmental entity, corporation or other person, firm, partnership or entity
represents and warrants that he/she is duly authorized to execute and deliver this IGA
on behalf of said governmental entity, corporation, person, firm, partnership or other
entity, that all approvals have been obtained and that this IGA is binding on said entity in
accordance with its terms.
26. Headings. Sections and other headings contained in this Agreement are for reference
purposes only and shall not affect in any way the meaning or interpretation of this
Agreement.
27. Cooperation. County and FMYN agree to execute and/or deliver to each other such
other instruments and documents as may be reasonably necessary to fulfill the
covenants and obligations to be performed by County and/or FMYN pursuant to this
IGA.
28. Agreement as License. The Parties intend and mutually agree that this Agreement shall
be construed as a mere license by Host Agency to Benefiting Agency to operate within
the Sites. This Agreement shall not be construed as a lease, sublease, rental
agreement or easement. It is understood and mutually agreed that Benefiting Agency
has no interest whatsoever in the Sites.
Page 13 of 15

IN WITNESS WHEREOF, the parties hereto agree to carry out the terms of this Agreement and
have executed this Agreement the day and year first written above.
MARICOPA COUNTY, a political subdivision FORT MCDOWELL YAVAPAI NATION,
of the State of Arizona a Federally-Recognized Indian Tribe
By:________________________________ By: ________________________________
Steve Chucri Ruben Balderas
Title: Chairman of the Board of Supervisors Its: President
Attest: Attest:
___________________________________ ___________________________________
Fran McCarroll Selena Castaneda
Clerk of the Board Date Secretary Date
I hereby state that I have reviewed the proposed Intergovernmental Agreement, between
Maricopa County and the Fort McDowell Yavapai Nation, pursuant to Article V, Section
13(A)(15) of the Constitution of the Fort McDowell Yavapai Nation and declare the Agreement to
be in proper form and within the powers and authority granted to the Fort McDowell Yavapai
Nation under the laws of the United States of America.
___________________________________ ____________
Tracy Darmody, Assistant General Counsel Date
I hereby state that I have reviewed the proposed Intergovernmental Agreement, between
the Maricopa County and the Fort McDowell Yavapai Nation, pursuant to A.R.S. § 11-952, and
declare the Agreement to be in proper form and within the powers and authority granted to
Maricopa County under the laws of the State of Arizona.
By: ___________________________ ____________
Deputy County Attorney Date
Page 14 of 15

ATTACHMENT "1"
FMYN contact information: Telephone Number
FMYN Fire Chief (480) 789-7520
FMYN Information Technology Department (480) 789-7321
FMYN Public Safety Dispatch Supervisor (480) 789-7517
COUNTY contact information:
Wireless Systems Director (602) 506-5264
Wireless Systems Technical Manager (602) 506-1193
Wireless Systems Main (during work hours) (602) 506-1191
Wireless Systems Fax (602) 506-4753
MARICOPA County Protective Services (602) 506-8335
(after hours)
Wireless Systems Standby Tech pager 602) 204-9558
Page 15 of 15