G30140_2ND_AMENDMENT_ITS_FINAL_MCAO-SIGNED.PDF
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Rev. 08/2017 (JMK)
AMENDMENT NO. 002
TO INTERGOVERNMENTAL AGREEMENT No. 90036
(County IGA G-30140)
Between
CITY OF PHOENIX
And
MARICOPA COUNTY
FOR SHARING OF COMMUNICATIONS FACILITIES
This Amendment No. 002 (“Amendment No. 002”) to Intergovernmental Agreement No.
90036 (County IGA G-30140) is entered into as of the date last signed below by and between the
City of Phoenix, an Arizona municipal corporation (“Phoenix”), and Maricopa County, a political
subdivision of the State of Arizona (“County”).
RECITALS
A.
Phoenix and County are parties to that certain Intergovernmental Agreement dated
February 1, 2002, as amended by Amendment No. 001 dated April 25, 2012 (collectively
“Agreement”), for the reciprocal use of telecommunication sites and/or facilities.
B.
The parties desire to amend the Agreement to extend the term.
C.
Per Ordinance S-48624 dated May 25, 2022, the Phoenix City Council approved
extending the Agreement through January 31, 2032, including an option to extend for one
additional 10-year period.
AMENDMENT
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
1.
Section 7 of the Agreement and Section 2 of the First Amendment are deleted in their
entirety and hereby replaced with the following:
The term of the Agreement begins retroactively from February 1, 2022 to January 31, 2032,
unless earlier terminated as provided for in the Agreement. This Agreement is subject to
cancellation pursuant to A.R.S §38-511, the provisions of which are incorporated herein by this
reference.
2.
The effective date of this Amendment No. 002 is made retroactive to February 1,
2022 (“Effective Date”).
DocuSign Envelope ID: CCBCF7EB-BED1-4FD5-9008-1805E084006B
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3.
New Section(s) 19 and 20 are added to the Agreement and shall read as follows:
19.
The Assistant County Manager for Maricopa County and/or the Real Estate
Director for Maricopa County shall administer this Agreement.
20.
This Agreement may be executed in any number of counterparts, all such
counterparts shall be deemed to constitute one and the same instrument, and each of
said counterparts shall be deemed an original hereof. Electronic signatures shall have
the same force and effect as original signatures.
4.
Section 17 of the Agreement is deleted in its entirety and hereby replaced with the
following:
Any notice or other communications required under this Agreement will be made in writing
and either delivered in person, deposited in the United States mail, return receipt requested, or
deposited with any commercial air courier or express service addressed as follows:
COUNTY
Director, Real Estate Department
Maricopa County
2801 West Durango Street
Phoenix, AZ 85009
Director of Wireless Communications Services
Maricopa County
3324 West Gibson Lane
Phoenix, AZ 85009
CITY OF PHOENIX
Information Technology Services Department
Managements Services – Contracts & Procurement
251 W. Washington Street, 6th Floor
Phoenix, AZ 85003
Information Technology Services Department
Wireless Radio Network Manager
2441 S. 22nd Avenue
Phoenix, AZ 85009
Notice shall be deemed received at the time it is personally served, on the second day after
its deposit with any commercial air courier or express service or, if mailed, five (5) days after
the notice is deposited in the United States mail as provided above. 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 or the person to receive the notice, by notifying the other party as provided
in this Section.
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5.
The Recitals are incorporated herein by this reference and made a part of this
Agreement.
6.
Except as otherwise amended, all other terms and conditions of the Agreement and
any prior amendments not in conflict will remain in full force and effect. If there is a conflict or
ambiguity among amendments and the Agreement, the documents in the following order prevail
and control: (a) the most recent amendment; and (b) the Agreement.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE(S) FOLLOW
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IN WITNESS WHEREOF, the parties have executed this Amendment No. 002.
City of Phoenix, an Arizona municipal corporation
JEFFREY BARTON, City Manager
By: _________________________________
Steen H. Hambric
Chief Information Officer
ATTEST:
By: ___________________________________
City Clerk
Date: ___________________________________
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By: ___________________________________
Assistant Chief Counsel
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Rev. 08/2017 (JMK)
MARICOPA COUNTY, a political subdivision of the State of Arizona
By: Clint Hickman
Chairman of the Board of Supervisors
ATTEST:
Clerk of the Board
Date
APPROVED AS TO FORM:
Deputy County Attorney
DocuSign Envelope ID: CCBCF7EB-BED1-4FD5-9008-1805E084006B
9/11/2023