C-76-02-019-2-00 AND PHOENIX MASTER SHARING AGREEMENT.PDF

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Agenda Activity: Action Agenda Number: C-76-02-019-2-00- •
Department: Telecommunications
Category: Chief Information Officer
Contact: Chuck Brotherton Phone: 506-4751 Continued from:
Return to: Chuck Brotherton Phone: 506-4751
Location: County Administration Building
.I6A 1003 4,
Action Requested:
Approve City of Phoenix IGA No. 9003§, for sharing of telecommunications facilities, and two site-specific
supplemental agreements. IGA No. 90036 is an "umbrella" agreement that declares the intention of Maricopa
County and City of Phoenix to share, without usage fees, "those (telecommunications) facilities that serve the
common good." Site-specific supplemental agreements will make reference and become supplements to this
umbrella agreement. Su I Ilement Agreeme h.4. I:-.); ants Ci of Phoeni access to building and tower space at the
County's White Tanks West ac ity. Supplement Agreement No. 2 grants MaricopaScomIty access to building and
tower space at the City's property at Goodyear Piilice Station. The umbrella agreement and all supplements are
valid for a cotenninous ten-year period, and may be renewed by either party for an additional ten years.
Complete description of action requested:
Maricopa County and City of Phoenix own and operate public safety telecommunications facilities at several sites
throughout the County. Because sites are limited, it is in the interest of both agencies and the public for the County
and Phoenix to share facilities, at no cost, wherever feasible. Intergovernmental Agreement No. 90036 declares the
intention of City of Phoenix and Maricopa County to share telecommunications facilities. The agencies agree to
enter into Site-Specific Supplemental Agreements to share facilities owned and/or operated by the other. The
agencies each agree to allow the other to use telecommunications facilities, wherever located, upon request and
without a usage fee, except where the requested usage would cause substantial interference with the operations or
services of the Agency owning the facility. Site-Specific Supplemental Agreements shall make reference to, and
become supplements to, IGA No. 90036. Two Site-Specific Supplemental Agreements are submitted for approval.
Supplement Agreement No. 1 to IGA No. 90036 grants the City of Phoenix access to County facilities at the White
Tanks West telecommunications site. The City will install radios and antennas for Phoenix Fire, and microwave
communications to the site. Supplement Agreement No. 2 grants Maricopa County access to Phoenix-owned
facilities at Goodyear Police Station. The County will install a low-band transceiver and antenna for Civil Defense
and the County's Emergency Management division. IGA No. 90036 and all present and future supplements are
valid for a coterminous ten-year period commencing February 1, 2002. The agreement and all supplements may be
renewed upon written request of either agency at least 90 days prior to expiration of IGA No. 90036, though
neither agency will be compelled to renew. Either agency may cancel IGA No. 90036 or any of its supplements
with at least 365 days written notice. Performance Information Program: IT Infrastructure Activity: Radio Network
Performance Measure: % of time we complete work orders to our customers' satisfaction and within out committed
time frames. Anticipated Result: Cooperative effort with Phoenix for site sharing. Goal Achievement: More
effective use of the county's radio system.
Expenditure Impact by FY(s): "Please urn ilWO.C. t.V?: original to
No Impact the Clerk of the.; Board of Supervisors."
https://ac.maricopa.gov:8889/print_agenda_wstatus.asp 3/26/2002

City of Phoenix
INFORMATION TECHNOLOGY DEPARTMENT
March 4, 2002
Mr. Chuck Brotherton
Wireless Communications Manager
Maricopa County Wireless Systems
3324 W. Gibson Lane
Phoenix, AZ 85009
Dear Mr. Brotherton:
Subject: Intergovernmental Agreement between City of Phoenix and Maricopa County.
Enclosed please find four (4) originals of the above referenced agreement between City
of Phoenix and Maricopa County. Please review the documents and have an authorized
signatory sign, date, and return all four (4) originals to my attention at the following
address:
City of Phoenix
Information Technology Department
251 West Washington Street, 6th Floor
Phoenix, Arizona 85003
Upon final execution an executed original will be returned for your records. Please
contact me at (602) 261-8481 with any questions.
Robert Arviso
Contracts Specialist
Enclosure
cc: Contract File
"Service, Quality and Leadership in Information Technology"
251 Wesf Washington Street • Phoenix, Arizona 85003-2299 • 602-262-4481
Recycled Paper

when recorded mail to
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°IV 'AW OF 14,' OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
HOLD FOR PICK OP HELEN PURCELL
CITY OF PHX. ACCT. #34 2002-6681395 07/03/02 1420
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DO NOT REMOVE
This is part of the official document.

INTERGOVERNMENTAL AGREEMENT NO. 90036
BETWEEN
CITY OF PHOENIX
AND
MARICOPA COUNTY
FOR SHARING OF TELECOMMUNICATIONS FACILITIES
C —• 10 - 0 OA—
This Intergovernmental Telecommunications Facilities Sharing Agreement, (hereinafter called
"AGREEMENT"), is made and entered into this 1st day of February, 2002 (the "Effective
Date"), by and between the City of Phoenix, a municipal corporation duly organized and existing
under the laws of the State of Arizona, located at 200 W. Washington Street, Phoenix, Arizona,
(hereinafter called "PHOENIX"), and Maricopa County, (hereinafter called "MARICOPA
COUNTY"). The parties are sometimes referred to jointly herein as "AGENCIES" and
individually as "AGENCY."
RECITALS:
A. PHOENIX has the power to execute intergovernmental agreements pursuant to
Chapter 2, Section 2(i) of the Phoenix City Charter.
B. PHOENIX and MARICOPA COUNTY desire to share telecommunications facilities
owned by each AGENCY under the conditions set forth in this AGREEMENT.
C. PHOENIX and MARICOPA COUNTY are agreeable to permitting such use under
the terms and conditions set forth in this AGREEMENT.
D. Potential electronic sites are limited, and in order to avoid a proliferation of site
developments by a number of users, it is in the public interest for both AGENCIES to
share those facilities that serve the common good.
AGREEMENT:
IT IS HEREBY AGREED, by and between the parties as follows:
1. Facilities Reciprocal Use. The AGENCIES agree to enter into Site-Specific Supplemental
Agreements to share facilities owned by and/or operated by the other. Subject to paragraph
No. 6, the AGENCIES each agree to allow the other AGENCY to use its telecommunications
facilities, wherever located, upon request of the other AGENCY and without a usage fee,
except where the requested usage would cause substantial interference with the
telecommunications operations or service of the AGENCY owning the facility, or where
prohibited by this or other agreements.
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2. Site-Specific Supplemental Agreement. Whenever an AGENCY desires to share
telecommunications facilities owned by another AGENCY, such AGENCY shall give the
other written notification specifying the site and the character of the equipment, which the
requesting AGENCY desires to install at the site. If the other AGENCY accepts the request,
the AGENCIES shall then enter into a Site-Specific Supplemental Agreement which shall set
forth all relevant terms and conditions with respect to the site. Each of these Site-Specific
Supplemental Agreements shall make reference to this AGREEMENT and become
supplements to this AGREEMENT. The AGENCIES will cooperate with each other in
obtaining any necessary consents or rights-of-way should the underlying ownership to the site
be in a person other than one of the AGENCIES.
3. Consulting Fees. Any consulting fees incurred shall be paid by the AGENCY employing the
consultant.
4. Frequency Protection. The responsibility for resolving interference problems shall be
specified in the Site-Specific Supplement Agreement.
5. Use Approval Procedure. Reciprocal use by one AGENCY of another AGENCY'S
telecommunications facilities shall be subject to the following conditions:
a. The AGENCY requesting the use of the facility shall submit a site installation
plan to the owner's telecommunications section, and obtain written approval from
that section prior to installation.
b. The AGENCY requesting use of the facility shall bear the cost of purchasing,
installing and maintaining the equipment necessary to complete the installation.
Such AGENCY shall establish and maintain a budget according to its own rules
and regulations.
c. The host AGENCY (of the facility) shall take reasonable precautions to protect
the other AGENCY'S equipment located at the facility, but shall not be
responsible for damage to, or loss of, such equipment whether by fire, theft or
otherwise unless caused by negligence of the owner of the facility.
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6. Reciprocal Use, Rights, and Obligations.
a. Each AGENCY shall have its transmitter frequencies examined by the
telecommunications manager for the facility where the installation is to take place
to detect any potential cause of interference at the telecommunications site.
Transmitters shall employ isolators, circulators, resonant cavities and other
devices to reduce interference as the state-of-the-art and good engineering
practices dictate.
b. Each AGENCY shall be responsible for obtaining and maintaining any licenses
required by the Federal Communications Commission for that AGENCY'S
telecommunication equipment.
c. Private vendor(s) on contract with an AGENCY shall be escorted by an employee
of the City contracting with the vendor when working at the telecommunications
site.
7. Term. The term of this AGREEMENT shall be for ten (10) years, commencing on February
1, 2002, and ending on January 31, 2012 .
8. Option to Extend. This AGREEMENT may be renewed for one additional ten (10) year term
under the same terms and conditions as stated in this AGREEMENT and any intervening
amendments thereof. Either AGENCY shall give the other AGENCY written notice of its
intention to renew this AGREEMENT at least ninety (90) days prior to the expiration of this
AGREEMENT. However, neither AGENCY will be compelled to renew this
AGREEMENT.
9. Termination. The AGENCY owning a telecommunication facility may terminate this
AGREEMENT or the other AGENCY'S use of any facility at any time by giving no less than
365 days written notice to the other AGENCY. The AGENCY not owning a
telecommunications facility may terminate this AGREEMENT or its use of the other
AGENCY'S telecommunication facility at any time by giving no less that ninety (90) days
written notice to the other AGENCY. Either AGENCY may terminate this AGREEMENT at
any time by giving no less than 365 days written notice to the other AGENCY. In the event
this AGREEMENT is terminated, all Site-Specific Supplemental Agreements will terminate
automatically.
10. Removal of Equipment. Equipment shall be removed or left in place and the facility restored
as specified in the Site-Specific Supplement Agreement.
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11.Hold Harmless. Each AGENCY shall indemnify, defend and hold harmless each other
AGENCY and its officers and employees from any liability, expense of damages resulting
from the negligence of the AGENCY or its officers, employees, agents or contractors arising
out of or in connection with this AGREEMENT.
12.Successors and Assigns. This AGREEMENT shall be binding upon the AGENCIES and
upon their successors and assigns. An AGENCY may assign its rights or obligations under
this AGREEMENT.
13.Modification. Any amendment or modification of this AGREEMENT shall be in writing and
shall be effective only after signature of each of the AGENCIES. In the event of any conflict
in the provisions of this AGREEMENT and any Site-Specific Supplemental Agreement, the
provisions of the Site-Specific Supplemental Agreement shall control.
14.Arbitration. In the event of a dispute under the AGREEMENT, the AGENCIES agree to use
arbitration to the extent required under A.R.S.§ 35-1518 and A.R.S. § 12-133.
15.Books. To the extent required by A.R.S. § 35-214, the parties agree to retain all books,
accounts, reports, files and other records relating to the AGREEMENT and to make such
records available at all reasonable times for inspection and audit by the City or the Auditor
General of the State of Arizona, or their agents, during the term of and for a period of 5 years
after the completion of the AGREEMENT.
16.Employment. The personnel of either Agency will not for any purpose be considered
employees or agents of the other Agency and that each Agency assumes full responsibility for
the actions of its personnel while performing services under this AGREEMENT, and shall be
solely responsible for their supervision, daily direction and control, payment of salary
(including withholding income taxes and social security), worker's compensation and
disability benefits.
17.Notice. Any notice, consent or other communication ("NOTICE") required or permitted
under this AGREEMENT shall be in writing and either delivered in person, sent by facsimile
transmission, deposited in the United States mail, return receipt requested, or deposited with
any commercial air courier or express service addressed as follows:
If intended for Maricopa County:
Maricopa County Communications Director
Manager
Maricopa County Wireless Systems
3324 W. Gibson Lane
Phoeniz, AZ 85009
Telephone: 602-506-4751
Fax: 602-506-4753
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If intended for the City of Phoenix:
Information Technology Department
Wireless Communications Manager
2441 S. 22nd Avenue
Phoenix, Arizona 85009
Telephone: (602) 262-6963
Fax: (602) 495-5698
Notice shall be deemed received at the time it is personally served, on the day it is sent by
facsimile transmission, on the second day after its deposit with any commercial air
courier or express service or, if mailed, ten (5) days after the notice is deposited in the
United States mail as above provided. Any time period stated in a notice shall be
computed from the time the notice is deemed received. Either party may change its
mailing address, telephone or FAX number, or the person to receive the notice, by
notifying the other party as provided in this Section.
Notices sent by facsimile transmission shall also be sent by regular mail to the recipient at
the above address. This requirement for duplicate notice is not intended to change the
effective date of the notice sent by facsimile transmission.
18. Transactional Conflicts of Interest. Each AGENCY acknowledges that this AGREEMENT is
subject to cancellation by the other pursuant to the provisions of Section 38-511, Arizona
Revised Statutes.
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1N WITNESS WHEREOF, the parties have executed this Intergovernmental Agreement
on the date last written below.
City of Phoenix, a municipal corporation Maricopa County
Frank Fairbanks, City Manager
By:
Danny W. Murp y on Stap y
Chief Information Officer Chairman of the Board of Supervisors
Date: 7 /0 Date: 44/3/61,
Attest: Attest:
By: Ni(ifti By: 41111nI
City Clerk Cle of the Board ,
In accordance with A.R.S. Sec, 11-952 In accordance with A.R.S. Sec. 11-952
this Agreement has been reviewed by the this Agreement has been reviewed by the
undersigned attorney who has determined undersigned attorney who has determined
that this Agreement is in proper form and that this Agreement is in proper form and
within the powers and authority granted to within the powers and authority granted to
the City of Phoenix under the laws of the Maricopa County under the laws of the State
State of Arizona. of Arizona.
By: By
Acting City Attorney
Date: Date: -3 6 2.—
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