ARIZONA FOOD BANK NETWORK AMENDMENT 1.PDF
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Contract No. C-22-22-158-X-00 Amendment No. 1 1 Arizona Food Bank Network AMENDMENT NO. 1 TO THE CONTRACT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND ARIZONA FOOD BANK NETWORK I. Maricopa County (“County”) administered by its Human Services Department and the Arizona Food Bank Network (“Contractor”) fully executed a financial contract on or about August 4, 2021. The County and the Contractor are referred to as the “Parties” or individually as the “Party.” The County provided the Contractor with $3,000,000 in American Rescue Plan Act (“ARPA”), Coronavirus State and Local Fiscal Recovery Funds under the Assistance Listing Number 21.027 for the Contractor to administer a grant assistance program for Food Banks serving Maricopa County residents. The Agreement term began August 1, 2021, through June 30, 2023. II. The Parties agree to enter into this Amendment No. 1 to amend the Contract as follows: A. Extend the Contract term from June 30, 2023, through June 30, 2024. B. Revise section 3.0 (Contractor Responsibilities), in the following subparagraphs: 3.2 Remove in its entirety and replacing with the following: The Contractor shall use no greater than $150,000 to provide operational and capital grants to distribute shelf stable food, fresh food, federal commodities, grocery donations, and fresh produce to both food insecure populations and agencies critical to serving food insecure populations prioritizing rural and underserved areas. Add a new subparagraph: 3.15 Contractor will attend quarterly meetings with the County to provide updated status on fund distribution, report any obstacles, and discuss potential solutions as needed. C. Revise section 6.0 (Agreement Renewal), by removing in its entirety and replacing with the following: The Agreement may be renewed by a written amendment provided if however, Contractor is in full compliance with all terms and conditions of this Agreement. D. Add the following sections to the Agreement: 38.0 UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) Contract No. C-22-22-158-X-00 Amendment No. 1 2 Arizona Food Bank Network 38.1 The Contractor warrants and certifies that it does not currently, and agrees for the duration of the agreement that it will not, use: 38.1.1 The forced labor of ethnic Uyghurs in the People’s Republic of China. 38.1.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 38.1.3 Any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 38.2 If the Contractor becomes aware during the term of the Agreement that the Contractor is not in compliance with this paragraph, the Contractor shall notify the County within five business days after becoming aware of the noncompliance. Failure of the Contractor to provide a written certification that the Contractor has remedied the noncompliance within one hundred eighty (180) days after notifying the County of its noncompliance, this Agreement shall terminate unless the Term of this Agreement shall end prior to said one hundred eighty (180) day period. 39.0 FORCE MAJEURE 39.1 Neither Party shall be liable for failure of performance, nor incur any liability to the other Party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the Parties. Such events, occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, pandemic, and interruption or failure of electricity or telecommunication service. 39.2 Each Party, as applicable, shall give the other Party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 39.3 The Party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, all non-excused obligations were substantially fulfilled, and the other Party was timely notified of the likelihood or actual occurrence that would justify such an assertion, so that other prudent precautions could be contemplated. III. Section II above contains all the changes made by this Amendment No. 1. All other terms and conditions of the Agreement shall remain the same and in full force and effect as approved and amended. IV. The Parties have authorized the undersigned to execute this Amendment No. 1 on their behalf, and it shall be effective upon approval and signature by both Parties. [Signatures contained on the following page] Contract No. C-22-22-158-X-00 Amendment No. 1 3 Arizona Food Bank Network IN WITNESS, the undersigned warrant they are authorized to execute this Agreement on behalf of each Party and that this Agreement is therefore binding on the Parties: APPROVED BY: ARIZONA FOOD BANK NETWORK ____________________________________ Angie Rodgers Date President & CEO APPROVED BY: MARICOPA COUNTY ____________________________________ Clint Hickman Date Chairman, Board of Supervisors Attested to: ____________________________________ Juanita Garza Date Clerk of the Board Approved as to Form: ____________________________________ Deputy County Attorney Date