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G-30137 Amendment No. 1 AMENDMENT No. 1 TO INTERGOVERNMENTAL AGREEMENT (“AMENDMENT”) BETWEEN CITY OF TEMPE (“CITY”) AND MARICOPA COUNTY (“COUNTY”) City Contract No. _______ Maricopa County #C-18-11-017-M-01 RECITALS A. County and City entered into that certain Intergovernmental Agreement dated January 23, 2011 (Recording No. 2011-0128013), for the installation and maintenance of certain communication systems and equipment (“Agreement”). County and City desire to amend the Agreement; B. The initial term of the Agreement expires on January 31, 2031. C. County and City now mutually desire to enter into this Amendment No. 1 (“Amendment”) to amend the Agreement to; 1) allow City to construct and/or install additional communications systems and equipment (“Additional Equipment); 2) update County notice address; and 3) provide for delegated administrative authority. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, County and City agree to amend the Agreement as follows: 1. The Recitals, by this reference, are hereby incorporated into this Amendment. 2. Capitalized terms used in this Amendment without definition shall have the meanings assigned to such terms in the Agreement, unless the context expressly requires otherwise. 3. City may construct and/or install Additional Equipment which will be located on the property described and depicted in Exhibit “A” attached hereto and incorporated herein by this reference. The Additional Equipment is more fully described and depicted on Exhibit “B” attached hereto and incorporated herein by this reference. 4. This Agreement as amended is subject to termination pursuant to the provisions of A.R.S. §38-511, the provisions of which are incorporated herein by this reference. G-30137 Amendment No. 1 5. This Agreement may be terminated by either Party at the end of any fiscal year due to non- appropriation of funds without penalty of liability to the other Party. County’s and City’s fiscal years end June 30th. Each Party and/or any of its employees, agents, officers, directors, members, successors or assigns hereby waives any and all rights to bring any claim against the other Party or its employees, agents, officers, directors, members, successors or assigns from or relating in any way to Amendment of this Agreement pursuant to this Section 5. 6. Since this Agreement will require administrative action from time to time, including execution of documents, to carry out the intent of the Agreement, both the Deputy County Manager for Maricopa County or the Real Estate Director for Maricopa County each, individually and separately, are hereby given the authority and charged with the responsibility for proper administration of the Agreement, whether or not specific authority is granted in any provision of the Agreement. 7. Notice Addresses. All notices herein required to be given to County in writing shall be sent to County at: Maricopa County Real Estate Dept. Attention: Director 2801 W. Durango Street Phoenix, Arizona 85009 8. The terms and provisions of this Amendment shall bind and inure to the benefit of County and City and their respective successors and permitted assigns. 9. This Amendment may be executed in one or more counterparts and the signature pages combined to constitute one document. 10. The foregoing paragraphs contain all the changes made by this Amendment No. 1. All other terms and conditions of the original Agreement remain the same and in full force and effect, except as herein amended. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK G-30137 Amendment No. 1 IN WITNESS WHEREOF, the parties have signed this Amendment. CITY OF TEMPE MARICOPA COUNTY By: ____________________________ Mark Mitchell Clint Hickman City of Tempe Mayor Chairman of the Board of Supervisors ATTEST: ATTEST: Carla Reece Date Clerk of the Board Date City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: Judith R. Baumann Date Deputy County Attorney Date City Attorney G-30137 Amendment No. 1 G-30137 Amendment No. 1 G-30137 Amendment No. 1 G-30137 Amendment No. 1 G-30137 Amendment No. 1 EXHIBIT “B” G-30137 Amendment No. 1 EXHIBIT “B” ADDITIONAL EQUIPMENT Detail C&D