SECOND AMENDMENT TO KYRENE SSSA V2 DRAFT 2-3-2021.DOCX

AMENDMENT NO. 2
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-30182
C-70-16-009-3-02
This Amendment No. 2 (“Second Amendment”) to that certain Site Specific
Supplemental Agreement (“SSSA”) known as Maricopa County Agreement Number G-
30182 (C-70-16-009-3-00), effective October 7, 2015, as amended by Amendment No. 1
to SSSA G-30182 (C-70-16-009-3-01), effective May 20, 2020 (collectively, the SSSA
and its Amendment No. 1, are hereinafter referred to as the “Amended Original SSSA”),
is entered into as of the last date executed below by and between the Parties.
RECITALS
WHEREAS, subsequent to the Parties’ execution of the Amended Original SSSA,
it was discovered that the Multiprotocol Label Switching (MPLS) backhaul connections
identified on the Site Connection Diagram which was attached as Exhibit A to the
Amended 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 Generating Station site (i.e. fiber optic cable to fiber
optic cable or copper to copper); and
WHEREAS, SRP cannot provide copper interfaces at the Kyrene Generating
Station 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 Generating Station 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:
1. RECITALS. The Recitals, by this reference, are hereby incorporated into and made
a part of this Second Amendment.
2. DEFINED TERMS. All capitalized terms used in this Second Amendment not
otherwise defined herein shall have the meaning ascribed thereto in the Amended
Original SSSA and IGA as amended.
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3. EXHIBITS. Exhibit A of the Amendment is hereby stricken in its entirety and
replaced with the Revised Exhibit A attached to this Second Amendment.
4. SRP RESPONSIBILITIES ADDED BY THIS SECOND AMENDMENT. In light
of the network endpoint termination change from the Kyrene Generating Station site
to the Thompson Peak site, in addition to the SRP Responsibilities set forth in the
Amended Original SSSA, SRP shall, as more particularly described and depicted in
the attached REVISED EXHIBIT A, 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.
5. CANCELLATION/TERMINATION. Section 5 of the Original SSSA and Section
6 of the Amendment are hereby stricken in their entirety and replaced with the
following:
The Parties agree that the term, cancellation, and termination of the Amended
Original SSSA and this Second Amendment are governed by the IGA as amended.
The Amended Original SSSA and this Second Amendment are also subject to
Arizona Revised Statutes § 38-511, the provisions of which are incorporated herein
by reference.
6. ENTIRE AGREEMENT. Section 6 of the Original SSSA and Section 7 of the
Amendment are hereby stricken in their entirety and replaced with the following:
The Amended Original SSSA and this Second 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
as amended, constitute the entire agreement between the Parties and set 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 Second 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
Second Amendment.
7. EFFECTIVENESS. Except as expressly modified in this Second Amendment, all
other terms, covenants and conditions of the Amended Original SSSA shall
remain in full force and effect.
8. EXECUTION. This Second 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)
Second Amendment to Kyrene SSSA Page 2 of 5

Signature Page to Amendment No. 2 to Kyrene Generating Station SSSA (County Agreement No. G-30182)
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: __________________________
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The foregoing Second 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 Second Amendment between Maricopa County and Salt
River Project Agricultural Improvement and Power District, and pursuant to A.R.S. § 11-952, declare the
Second 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:
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REVISED EXHIBIT “A”
County SRP Connection Diagram Rev 3.0 dated 09/17/2020
Rack Arrangement dated 02/08/2019
(SEE ATTACHED (2 PAGES)
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