Extracted text (via ocr_local)
17125 characters
DocuSign Envelope ID: FAAD47A6-6BC9-42E7-93FB-CFCEE69715A7
Maricopa County Agreement Number C
SSSA# MC10197
SITE-SPECIFIC SUPPLEMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
AMERICAN MEDICAL RESPONSE OF MARICOPA, LLC
This Site-Specific Supplemental Agreement (“SSSA”) is entered into as of the last day executed
below by and between Maricopa County, a political subdivision of the State of Arizona (“County”)
and American Medical Response of Maricopa, LLC (“AMR”), a foreign limited liability company.
County and AMR shall collectively be referred to as “Parties” or individually as “Party.” This
SSSA is entered into pursuant to the terms of that certain Agreement MC10196 (C-76-___-
-___-00) entered into by the Parties dated effective October Vo , 2022 (“Agreement”).
All provisions of the Agreement are incorporated in this SSSANNOQEMNIOeIm
RECITALS
WHEREAS, the purpose of the SSSA is to fulfill the need for establishing modern and
reliable communication systems and related equipment for AMR on County property for the
purpose of providing AMR with much needed radio coverage not available elsewhere; and
WHEREAS, AMR requires a reliable wireless communication system for the purpose of
meeting its public safety responsibilities; and
WHEREAS, it is understood by the Parties hereto that County owns the property known
as Thompson Peak and depicted on Exhibit “A” (“the Site”), attached hereto and made a part
hereof; and
WHEREAS; the Parties desire to enter into this SSSA to permit AMR to use the Site for
its communication systems and related equipment in order to support its public safety initiative.
TERMS OF AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and undertakings of the Parties
set forth herein and other good and valuable consideration, the sufficiency and adequacy of
which the Parties acknowledge, the Parties hereby agree as follows:
1. RECITALS. The Recitals, by this reference, shall be incorporated herein by this reference.
2. COUNTY RESPONSIBILITIES.
2.1. County shall provide AMR adequate access to the Site only during work hours for
maintenance. Site specific contacts, hours and access are set forth in Exhibit “B”,
attached hereto and made a part hereof.
2.2. County shall provide Site safety training for the County pre-approved designated
AMR staff and its approved agents that access to the Site.
Page | of 12
DocuSign Envelope ID: FAAD47A6-6BC9-42E7-93FB-CFCEE69715A7
Maricopa County Agreement Number C
SSSA# MC10197
2.3.
2.4.
2.5.
2.6.
County shall provide space, based on availability, in the equipment shelter shown on
Exhibit “A” for equipment listed on Exhibit “C,” attached hereto and made a part
hereof.
County shall provide space, based on availability, on the existing four-legged tower
shown on Exhibit “A”, for equipment listed on Exhibit “C”.
The Parties agree this SSSA does not give AMR the authority to enter into any other
agreement with a third party to utilize the Site for any other purposes beyond the
planned public services initiatives, without the written approval of County, which
approval may be withheld or granted in the County’s sole and absolute discretion.
NOTICE IS HEREBY PROVIDED, and the Parties hereby agree that approval of
this SSSA by the Parties does not constitute approval of either Party of any permits
or approvals that may be necessary for construction of the Site improvements as
herein described. The Parties shall work cooperatively to obtain any and all necessary
permits from the requisite federal, state or local jurisdiction(s). AMR shall pay for all
required construction permits.
3. AMR RESPONSIBILITIES.
3.1.
3.2.
3.3,
3.4.
3.5,
3.6.
3.7.
AMR shall provide County with necessary points of contact and call-in procedures
needed for AMR equipment at the Site.
AMR shall be responsible for their own future enhancements and upgrades, as
approved by the County, as well as the costs associated for labor and materials to
perform such futures enhancements and upgrades.
AMR shall maintain valid National Telecommunications and Information
Administration (NTIA), and Federal Communications Commission (FCC) licenses.
AMR shall ensure all work to be performed on AMR equipment installed at the Site
is performed by AMR personnel or escorted authorized licensed contractor.
AMR shall ensure installation at the Site meets all Motorola R56 2017 grounding
requirements and any other installation standards set forth by County.
AMR shall bear the sole expense and responsibility for all installation, removal,
maintenance, or work of any kind performed on AMR equipment.
AMR shall obtain approval from County before making any changes (with the
exception of normal maintenance and upkeep) to the equipment installed on the Site
as described in this SSSA.
Page 2 of 12
DocuSign Envelope ID: FAAD47A6-6BC9-42E7-93FB-CFCEE69715A7
Maricopa County Agreement Number C
SSSA# MC10197
3.8.
3.9.
3.10.
3.11.
3.12.
AMR shall be responsible for providing quality control by means of physical
inspections, radio acceptance, and other testing to ensure the installation of
equipment meets County and FCC standards.
AMR shall provide copies of as-built drawings upon request from County.
AMR shall obtain any right of way or access agreements necessary for or its outside
service providers to access the Site.
AMR shall agree to be a member of, and abide by the rules, regulations, and payment
of annual dues established by, a site improvement association, in the event such an
association is formed.
At termination or expiration of the Agreement, AMR shall return the Site in good
condition within thirty (30) days. AMR may abandon the improvements made
thereon or remove them and restore the Site to its original condition at County’s sole
discretion.
4. SITE BILLING.
4.1.
4.2.
AMR will be billed $268.64 for rack space and $840.00 for antennas according to the
rates listed in Exhibit “D” (Rate Schedule”), attached hereto and made a part hereof.
Upon receipt of an invoice, AMR shall pay County an amount not to exceed
$1,108.64 monthly, for site facility use and equipment operation costs pursuant to the
terms of this SSSA and the Agreement.
The address for the County shall be as follows:
Maricopa County Office of Enterprise Technology
Attn: Chief Information Officer
301 S. 4" Avenue
Phoenix, AZ 85003
5. INSURANCE.
5.1.
5.2.
Without limiting any liabilities or any other obligations of AMR, AMR shall provide,
with forms and insurers acceptable to County (a company or companies duly licensed
by the State of Arizona or authorized to do business in the State of Arizona, and
possessing a current A.M. Best, Inc. Rating of A- or higher), and maintain in full
force and effect until the expiration or termination of this SSSA, the minimum
insurance types and coverages, as follows:
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance, with a limit of not less than $2,000,000 for each occurrence, $4,000,000
Products/Completed Operations Aggregate, and $4,000,000 General Aggregate
Page 3 of 12
DocuSign Envelope ID: FAAD47A6-6BC9-42E7-93FB-CFCEE69715A7
Maricopa County Agreement Number C
SSSA# MC10197
5.3,
5.4.
5.5.
5.6.
5.7.
5.8.
Limit. The policy shall include coverage for Licensed Area and Access Area
liability, bodily injury, broad form property damage, fire legal liability, personal
injury, products and completed operations and blanket contractual coverage, and
shall not contain any provision which would serve to limit third party action over
claims. The coverage afforded under this policy shall also include Sudden &
Accidental Pollution coverage.
Commercial/Business Automobile Liability insurance and, if necessary,
Commercial Umbrella insurance, with a combined single limit for bodily injury and
property damage of not less than $1,000,000 each occurrence with respect to any
AMR vehicles, whether owned, hired, and non-owned, assigned to or used in
performance of the SSSA.
Workers’ Compensation insurance to cover obligations imposed by federal and
state statutes having jurisdiction of AMR’s employees engaged in the performance
of the work or services associated with the SSSA; and Employer’s Liability insurance
of not less than $1,000,000 for each accident, $1,000,000 disease for each employee,
and $1,000,000 disease policy limit.
The policies required by Sections 5.2, and 5.3 above shall be endorsed to include
County, members of its governing bodies, its officers, agents and employees as
additional insureds and shall stipulate that the insurance afforded for County,
members of its governing bodies, its officers, agents and employees shall be primary
insurance and that any insurance carried by County, members of its governing bodies,
its officers, agents or employees shall be excess and not contributory insurance.
AMR, and its contractors shall waive their rights of recovery and require its insurers
providing the required coverages to waive all rights of subrogation against County
and members of its governing bodies, its officers, agents and employees for matters
arising out of this SSSA.
Upon execution of this SSSA, AMR shall furnish County with Certificates of
Insurance as evidence that policies providing the required coverages, conditions and
limits are in full force and effect. If AMR fails to furnish the certificates, County
reserves the right to request and to receive, within ten (10) working days, certified
copies of any or all of the herein required insurance endorsements. Such certificates
shall identify this SSSA number and title. Such certificates, which shall endeavor to
provide not less than thirty (30) days advance notice of cancellation, termination, or
alteration, shall be sent directly to County at the address set forth in the Notice section
of this SSSA.
In the event any insurance policies required by AMR are written on a “claims made”
basis, coverage shall extend for two (2) years past expiration or termination of this
SSSA as evidenced by annual Certificates of Insurance.
Page 4 of 12
DocuSign Envelope ID: FAAD47A6-6BC9-42E7-93F B-CFCEE69715A7
Maricopa County Agreement Number C
SSSA# MC10197
5.9.
The insurance policies may provide coverages that include deductibles or self-insured
retentions. AMR shall be solely responsible for deductibles and/or self-insured
retentions.
6. INDEMNIFICATION.
6.1.
6.2.
6.3.
6.4.
To the fullest extent permitted by law, and to the extent that claims, damages, losses,
or expenses are not covered and paid by insurance purchased by AMR, AMR shall
defend, indemnify, and hold harmless the County (as Owner), its agents,
representatives, officers, directors, officials, and employees from and against all
claims, damages, losses, and expenses (including, but not limited to attorneys' fees,
court costs, expert witness fees, and the costs and attorneys' fees for appellate
proceedings) arising out of, or alleged to have resulted from, the negligent acts,
errors, omissions, or mistakes relating to the performance of this contract.
AMR's duty to defend, indemnify, and hold harmless the County, its agents,
representatives, officers, directors, officials, and employees shall arise in connection
with any claim, damage, loss, or expense that is attributable to bodily injury, sickness,
disease, death, or injury to, impairment of, or destruction of tangible property,
including loss of use resulting therefrom, caused by negligent acts, errors, omissions,
or mistakes in the performance of this contract, but only to the extent caused by the
negligent acts or omissions of AMR, a subcontractor, anyone directly or indirectly
employed by them, or anyone for whose acts they may be liable, regardless of
whether or not such claim, damage, loss, or expense is caused in part by a party
indemnified hereunder.
The amount and type of insurance coverage requirements set forth herein will in no
way be construed as limiting the scope of the indemnity in this section.
The scope of this indemnification does not extend to the sole negligence of County.
7. CANCELLATION/TERMINATION.
TA.
The Parties agree that the cancellation and termination of this SSSA will be governed
by the Agreement. The Agreement and this SSSA are subject to the provisions of
A.RS. 38-511.
8. VENUE; GOVERNING LAW.
8.1.
The proper venue for any proceeding at law or in equity shall be Maricopa County,
Arizona and the Parties waive any right to object to venue. The Agreement and this
SSSA shall be construed in accordance with and be governed by the laws of the State
of Arizona.
Page 5 of 12
DocuSign Envelope ID: FAAD47A6-6BC9-42E7-93FB-CFCEE697 15A7
Maricopa County Agreement Number C
SSSA# MC10197
9. EFFECTIVENESS.
9.1. Except as provided herein, all of the terms, covenants, and conditions of the
Agreement shall be and remain in full force and effect. This SSSA may be executed
in counterparts.
10. ENTIRE AGREEMENT.
10.1. This SSSA, together with any exhibits attached hereto and any agreements executed
contemporaneously herewith, including but not limited to the Agreement referenced
herein, constitutes the entire agreement between the Parties and sets forth all of the
covenants, promises, agreements, conditions and understandings between the County
and AMR, and there are no covenants, promises, agreements, conditions or
understandings, either oral or written, between County and AMR other than as set
forth herein and referenced above. This SSSA shall be construed as a whole and in
accordance with its fair meaning and without regard to any presumption or any rule
requiring construction against the party drafting this SSSA. This SSSA cannot be
modified or changed except by a written instrument executed by County and AMR.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 6 of 12
DocuSign Envelope ID: FAAD47A6-6BC9-42E7-93FB-CFCEE69715A7
Maricopa County Agreement Number C
SSSA# MC10197
IN WITNESS WHEREOF, the parties hereto agree to carry out the terms of this Agreement and
have executed this Agreement the day and year last signed below.
AMERICAN MEDICAL RESPONSE OF MARICOPA, LLC
DocuSigned by:
Clan basprmyle 10/24/2022
626FFOEBFESE4EF,
Name Glenn Kasprzyk Date
Title President Southwest Region
MARICOPA COUNTY,
a political subdivision of the State of Arizona
Bill Gates
Chairman of the Board of Supervisors
ATTEST:
Clerk of the Board Date
APPROVED AS TO FORM:
DocuSigned by:
Busy Prequlmav, 10/27/2022
O7BO5337ADCAGKO.
Deputy County Attorney
Page 7 of 12
DocuSign Envelope ID: FAAD47A6-6BC9-42E7-93FB-CFCEE69715A7
Maricopa County Agreement Number C
SSSA# MC10197
Exhibit “A”
Thompson Peak
Towers
4, Vag, Seattle 20t hooks up (durmey itd)
‘ones, Seotsidale, 18 elevatny 12 length
Yowerd
4. Orr DEA, 20'alevation, 2 length
ZLonei,nothoshed sp (dsrm=y lord}, elevation, Z length
3, Pana Phesele Traral, 18 elevation 2°
4. Miscomuve wit ch, Radio station, 1 ebvatin, dlamener
Towa
3, Yagl Radio station, 20 elevation
4, Yagh Rasta Station, 30 elevate
Tomar
4, Dipole, Nod Ad evan, 10)
4S aerator, 10
7.Orrei IRS, 4 elevation, 4! ergth
8. Yagh Fibos Ceraral 38 elevation
Howat
Page 8 of 12
)
Feet
DocuSign Envelope ID: FAAD47A6-6BC9-42E7-93FB-CFCEE69715A7
Maricopa County Agreement Number C
SSSA# MC10197
Exhibit “B”
Contact Information and Hours of Operations
DURING NORMAL BUSINESS HOURS
6:00 AM TO 4:30 PM, MONDAY THROUGH FRIDAY
CALL MARICOPA COUNTY RADIO SHOP
(602) 506-1191
DURING NON-BUSINESS HOURS, WEEKENDS AND HOLIDAYS
CALL MARICOPA COUNTY ON-CALL PAGER
(602) 204-9558
WIRELESS SYSTEM MANAGER
(602) 506-1193
WIRELESS SYSTEM TECHNICAL MANAGER
(602) 506-1229
Page 9 of 12
DocuSign Envelope ID: FAAD47A6-6BC9-42E7-93FB-CFCEE69715A7
Maricopa County Agreement Number C
SSSA# MC10197
Exhibit “C”
Equipment To Be Added
Exterior Mounted Equipment To Existing County Four-Legged Tower
Thompson to Glendale Hop
VHLPX6-6W-6-QD/B High Performance Low Profile Antenna, 6ft
IP-20SHP6L252A1W4LESS Microwave radio, mounted to antenna
Thompson to Jensen Hop
VHLPX3-6W-6-QD/A High Performance Low Profile Antenna, 3ft
IP-20SHP6L252A1W4LESS Microwave radio, mounted to antenna
Interior Mounted Equipment In Existing County Equipment Shelter
48VDC Power Supply (2) Rack mounted, 2RU
PoE Injector (2) Rack mounted, 1RU
etn
eaten
Page 10 of 12
DocuSign Envelope ID: FAAD47A6-6BC9-42E7-93F B-CFCEE69715A7
Maricopa County Agreement Number C
SSSA# MC10197
Exhibit “D”
Rate Schedule
recremestay arom
war att
nd 88 poo
eet
(630 fewest
Page 11 of 12
DocuSign Envelope ID: FAAD47A6-6BC9-42E7-93F B-CF CEE69715A7
Maricopa County Agreement Number C
SSSA# MC10197
EXHIBIT “E”
WIRELESS SYSTEMS SERVICE CHARGE
Micimm install rate
Wireless Systems Service Charge
20-3 hours, [Ground up Patrol fy toaced Tenpe install [573 waning
Pa nous funder Cover inatedation ]520 fin, caition to above rates)
| ETA [Ground up Camera System insta’ {vehicle contengency) J5133-$225
‘with out extemal enedem
‘with extemnel acer
[Rower Service (3 Person Crew)
we Equioment,
lens
pment (per sdcitional
Foget
Page 12 of 12
Sheett,