FIRST AMENDMENT TO STEWART MTN DAM SSSA V2 1-28-2021 CLEAN WITH EXHIBIT D AS PDF.DOCX

AMENDMENT NO. 1
TO
SITE-SPECIFIC SUPPLEMENTAL AGREEMENT
EXECUTED IN ACCORDANCE WITH THE
INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
SALT RIVER PROJECT
AGRICULTURAL IMPROVEMENT AND POWER DISTRICT
MARICOPA COUNTY Agreement Number G-30222
C-78-20-012-3-01
This Amendment No. 1 (“Amendment”) to that certain Site Specific Supplemental
Agreement (“SSSA”) known as Maricopa County Agreement Number G-30222 (C-78-20-
012-3-00), effective May 20, 2020 (“Original SSSA”), is entered into as of the last date
executed below by and between the Parties.
In keeping with the terms and conditions set forth in the Original SSSA, this
Amendment is also subject to, and governed by the IGA (as amended) and the License
(Maricopa County C-78-20-011-3-00, P-50349) previously executed by and between the
Parties. In the event of any conflict between this Amendment and the Original SSSA, this
Amendment shall control. In the event of any conflict between the Original SSSA, as
amended by this Amendment, and the License, the License shall control.
RECITALS
WHEREAS, subsequent to the Parties’ execution of the Original SSSA, it was
discovered that the Multiprotocol Label Switching (MPLS) backhaul connections
identified on the Site Connection Diagram which was attached as Exhibit D to the Original
SSSA, cannot be connected as designed because the transport medium interfaces were not
identical on each end of the proposed connection from the Stewart Mountain Dam site to
the Kyrene site(i.e. fiber optic cable to fiber optic cable or copper to copper); and
WHEREAS, SRP cannot provide copper interfaces at the Kyrene site so the
proposed connections must be changed to show that the T1’s at the Stewart Mountain Dam
site will terminate at the COUNTY Thompson Peak site via copper T1 connections instead
of the Kyrene site via fiber optic cable connections.
TERMS OF AMENDMENT
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, it is hereby agreed as follows:
Page 1 of 5

1. RECITALS. The Recitals, by this reference, are hereby incorporated into and made
a part of this Amendment.
2. DEFINED TERMS. All capitalized terms used in this Amendment not otherwise
defined herein shall have the meaning ascribed thereto in the Original SSSA and
IGA as amended.
 EXHIBITS. Exhibit D of the Original SSSA is hereby stricken in its entirety and
replaced with the Revised Exhibit D attached to this Amendment.
3. SRP RESPONSIBILITIES ADDED BY THIS AMENDMENT. In light of the
network endpoint termination change from the Kyrene site to the Thompson Peak
site, in addition to the SRP Responsibilities set forth in the Original SSSA, SRP
shall, as more particularly described and depicted in the attached REVISED
EXHIBIT D, extend:
a. two T1 fiber optic cable connections from the SRP Thompson Peak equipment
shelter to the COUNTY Thompson Peak equipment shelter; and
b. convert the fiber optic cable T1’s to copper T1’s within the COUNTY
Thompson Peak equipment shelter using an SRP-provided fiber panel and Mux.
4. CANCELLATION/TERMINATION. Section 4 of the Original SSSA is hereby
stricken in its entirety and replaced with the following:
The Parties agree that the term, cancellation, and termination of the Original SSSA
and this Amendment is governed by the IGA as amended. The Original SSSA and
this Amendment are also subject to Arizona Revised Statutes § 38-511, the
provisions of which are incorporated herein by reference.
5. ENTIRE AGREEMENT. Section 5 of the Original SSSA is hereby stricken in its
entirety and replaced with the following:
The Original SSSA and this Amendment, together with any exhibits attached hereto,
and any agreements previously executed by the Parties and/or executed
contemporaneously herewith, including, but not limited to, the IGA and License,
constitute the entire agreement between the Parties and sets forth all of the
covenants, promises, agreements, conditions and understandings between
COUNTY and SRP, and there are no covenants, promises, agreements, conditions
or understandings, either oral or written, between COUNTY and SRP other than as
set forth herein and referenced above. This Amendment shall be construed as a
whole and in accordance with its fair meaning and without regard to any
presumption or other rule requiring construction against the Party drafting this
Amendment.
6. EFFECTIVENESS. Except as expressly modified in this Amendment, all other
terms, covenants and conditions of the Original SSSA shall remain in full force
and effect.
Page 2 of 5

7. EXECUTION. This Amendment may be executed in any number of counterparts, all
of which together shall be deemed to constitute one instrument, and electronic
and/or scanned signatures shall have the same force and effect as original
signatures.
(Signatures follow on next page)
Page 3 of 5

Signature Page to Amendment No. 1 to Stewart Mountain Dam SSSA (County Agreement No. G-30222)
MARICOPA COUNTY, a political SALT RIVER PROJECT
subdivision of the state of Arizona AGRICULTURAL IMPROVEMENT
AND POWER DISTRICT, a political
subdivision of the state of Arizona
AUTHORIZED SIGNATURE: AUTHORIZED SIGNATURE:
______________________________ Jack _______________________________
Sellers Kyle Cormier
Chairman of the Board of Supervisors Director - Telecommunication Systems
DATE: _________________________ DATE: ________________________
ATTEST:
_______________________________
Clerk of the Board of Supervisors
Date: __________________________
Page 4 of 5

The foregoing Amendment has been submitted to legal counsel for the County for review
and approval. The undersigned attorney has determined that said agreement is in proper
form and is within the powers and authority granted under the laws of the State of Arizona.
By______________________________________________
Deputy County Attorney Date
I hereby state that I have reviewed the proposed Amendment between Maricopa County
and Salt River Project Agricultural Improvement and Power District, and pursuant to
A.R.S. § 11-952, declare the Amendment to be in proper form and within the powers and
authority granted to Salt River Project Agricultural Improvement and Power District under
the laws of the State of Arizona.
By: ____________________________________
Date
Printed Name and Title:
Page 5 of 5