ADEQ SUBIGA FINAL 33 WEST TAMARISK.PDF

IGA Number G-30232 
C-85-  
 
SUB-INTERGOVERNMENTAL AGREEMENT 
TO INTERGOVERNMENTAL AGREEMENT 
FOR THE USE OF REAL PROPERTY AND IMPROVEMENTS 
BY AND BETWEEN 
MARICOPA COUNTY 
AND 
ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY 
 
THIS SUB-INTERGOVERNMENTAL AGREEMENT (“Sub-Agreement”) is entered into 
by and between Maricopa County, a political subdivision of the State of Arizona (“County”), and 
Arizona Department of Environmental Quality, a political subdivision of the State of Arizona 
(“ADEQ”). The County, and ADEQ collectively are referred to as the “Parties” and individually 
as a “Party.”  
 
WHEREAS, County is the user under that certain Intergovernmental Agreement for the use of 
Real Property and Improvements by and between Maricopa County and Maricopa County Special 
Health Care District dba Valleywise Health (the “District”), dated December 8, 2021, as amended 
by the First Amendment to the Intergovernmental Agreement (collectively, the “Agreement”),  
copies of which are attached hereto and made part of this Sub-Agreement as Exhibit “A,”. The 
Agreement is for a portion of that certain real property and improvements known as 33 West 
Tamarisk Ave, Phoenix, Arizona, 85041 (Assessor Parcel No. 113-30-064) (the “Property”) owned 
by the District; and 
 
WHEREAS, The Agreement allows County to enter into sub-agreements with governmental 
entities and ADEQ requires access to, and use of the Property and desires to share a portion of the 
area currently being used by County under the Agreement (“Monitor Site”) for the purpose of 
establishing and operating an air quality monitoring site (the “ADEQ Monitor Site”) (“Permitted 
Use”) on the Property as indicated on Exhibit “B”, and,  
 
WHEREAS, County is authorized to enter into this Sub-Agreement with ADEQ pursuant to ARS 
11-951; and ARS 11-952.  
 
NOW, THEREFORE, in consideration of the following mutual covenants and other good and 
valuable consideration, the sufficiency and adequacy of which is hereby acknowledged, the Parties 
agree as follows:  
 
1. The Recitals are hereby incorporated into this Sub-Agreement by this reference.  
 
2. County hereby grants to ADEQ the right to enter and use the Monitor Site for the 
Permitted Use, together with vehicular and pedestrian access rights to the Monitor Site 
and ADEQ Monitor Site across the Property.  The area of the ADEQ Monitor Site will 
be approximately five (5) square feet located within the one thousand two hundred 
square feet (1,200 square feet) Monitor Site as depicted in more detail on Exhibit B.

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3. ADEQ will be solely responsible for the maintenance, loss, damage or theft of the air 
quality monitoring equipment unless such maintenance, loss, damage or theft is due to 
the action or negligence of the County.  
 
4. The term of this Sub-Agreement shall be coterminous with the Agreement as described 
in this Paragraph 4. If the term of the Agreement is terminated early, extended or 
changed in any manner, the term of this Sub-Agreement shall automatically be 
terminated early, extended or changed in the same manner, with or without a written 
amendment.  Therefore, the term of this Sub-Agreement shall commence on the date 
of execution of the Sub-Agreement by the Parties and expire on December 31, 2026.  
The Sub-Agreement will automatically renew for two (2) subsequent five (5) year 
terms unless terminated by either Party by giving the other Party ninety days’ written 
notice prior to the expiration or renewal date of the Sub-Agreement, as the case may 
be.  Either Party may terminate this Sub-Agreement for any reason or no reason by 
giving the other Party at least ninety (90) days’ prior written notice.  This Sub-
Agreement is subject to the provisions of A.R.S. 38-511 and may be cancelled by 
County or the ADEQ pursuant thereto without any liability or penalty. 
 
5. Each party (as “Indemnitor”) agrees to indemnify to the extent permitted by Arizona 
law, 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 fee) 
(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 
which result in vicarious/derivative liability to the indemnitee are caused only by the 
willful misconduct or gross negligence of the indemnitor, its officers, officials, agents 
employees, or volunteers.   
 
6. Notice under this Sub-Agreement shall be given by mail or via email, to the persons at 
the addresses set forth and shall be effective three (3) calendar days after being sent 
unless otherwise indicated in the notice: 
 
PARTIES & NOTICE ADDRESSES: 
 
 
COUNTY: 
MARICOPA COUNTY 
a political subdivision of the State of Arizona 
Maricopa County's Notice Address: 
 
 
Maricopa County Real Estate Department 
 
 
2801 West Durango St.  
 
 
Phoenix, Arizona 85009 
 
 
Attn:  Director 
 
 
Phone: 602.506.4748 
 
 
Email: alex.smith@maricopa.gov  
With copy to: 
 
 
Maricopa County Air Quality Department 
 
 
 
 
 
2145 S. 11th Ave, Suite 170

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Phoenix, Arizona 85007 
 
 
Atten: Philip McNeely 
 
 
Phone: 602-506-6701 
Email: |Philip.McNeely@maricopa.gov 
 
ADEQ: 
 
ARIZONA DEPARTMENT OF ENVIRONMEMTAL QUALITY  
 
Contractor’s Notice Address: 
Brad Busby, Air Monitoring & Assessment Value Stream   
 
 
Air Quality Division  
 
 
1110 West Washington Street, 5th Floor  
 
 
Phoenix, Arizona 85007 
 
 
Phone: 602-771-7676 
 
 
Email: Bradley.busby@azdeq.gov  
 
 
7. ADEQ shall not assign or sublease the Sub-Agreement without the express 
written permission of the County. 
 
8. While this Agreement is in effect, ADEQ will maintain proof of insurance or 
self-insurance and will require its contractors to comply with the insurance 
provisions of the Arizona Department of Administration. 
 
9. The Sub-Agreement shall be binding upon and inure to the benefit of the 
respective Parties, their successors, personal representative and assigns, and 
shall be governed by, and constructed under the laws of the State of Arizona. 
 
10. Upon expiration or termination of the Sub-Agreement, County shall retain 
ownership of the air quality monitoring equipment, related personal property 
and any related improvement to the Property (“Equipment”).  County shall 
have the right to remove the Equipment for a period of thirty (30) calendar 
days after the expiration or termination of this Sub-Agreement.   
 
11. Counterparts; Electronic Signatures.  This Sub-Agreement may be 
executed in two or more counterparts, each of which shall be deemed an 
original but all of which together shall constitute one and the same instrument. 
Electronic signatures shall have the same force and effect as original 
signatures.  
 
 
 
 
 
 
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IN WITNESS, the Parties have signed this Sub-Agreement as of the last date written below. 
 
 
 
ADEQ: 
 
ARIZONA DEPARTMENT OF 
ENVIRONMEMTAL QUALITY, a political 
subdivision of the State of Arizona 
 
 
By:  
 
 
 
 
 
Daniel Czecholinski  
 
 
Director, Air Quality Division 
 
 
 
 
ATTEST: 
 
 
 
 
 
 
 
 
 
 
 
 
Date

IGA Number G-30232 
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MARICOPA COUNTY: 
MARICOPA COUNTY, a political subdivision of the State 
of Arizona 
 
 
 
By:  
 
 
 
 
 
 
      Bill Gates, Chairman 
      Maricopa County Board of Supervisors 
 
 
ATTEST: 
 
 
 
 
 
 
 
 
 
Clerk of the Board 
 
 
Date 
 
 
APPROVED AS TO FORM: 
 
 
 
 
 
 
 
 
 
Deputy County Attorney                    Date

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EXHIBIT A 
INTERGOVERNMENTAL AGREEMENT 
AMENDMENT No. 1 TO INTERGOVERNMENTAL AGREEMENT

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EXHIBIT B 
Monitor Site