IGA AMENDMENT RE MARICOPA COUNTY LIBRARY DISTRICT.PDF
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Contract No.: C-22-22-095-X-01 Amendment No. 1 Maricopa County Library District Page 1 of 3 AMENDMENT NO. 1 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND MARICOPA COUNTY LIBRARY DISTRICT I. Maricopa County (the “County”), administered by its Human Services Department, and the Maricopa County Library District (“Library District”) entered into a non-financial Intergovernmental Agreement (“Agreement”) to integrate the County’s workforce development system into the Library District’s social and community services resource network. The Agreement was fully executed on or about May 19, 2022. The Agreement term is May 4, 2022, through June 30, 2024. The Agreement may be extended as many times as is desirable, but each extension may not exceed the duration of the previous agreement. The County and the Library District collectively are referred to as the “Parties.” II. The Parties now agree to enter into this Amendment No. 1 to amend the Agreement as follows: A. Extend the Agreement termination date from July 1, 2024, through June 30, 2026. B. Update Section 8.0 (NOTICES) as follows: County: Jared Beard Workforce Development Assistant Director Maricopa County Human Services Department 234 North Central Avenue, Suite 3000 Phoenix, AZ 85004 Telephone: 602-372-2733 Jared.beard@maricopa.gov C. Add the following Sections to the Agreement: 25.0 UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) 25.1 The Library District warrants and certifies that it does not currently, and agrees for the duration of the agreement that it will not, use: 25.1.1 The forced labor of ethnic Uyghurs in the People’s Republic of China. 25.1.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 25.1.3 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. 25.2 If the Library District becomes aware during the term of the Agreement that the Subrecipient is not in compliance with this paragraph, the Subrecipient shall notify the County within five business days after becoming aware of the noncompliance. Failure Contract No.: C-22-22-095-X-01 Amendment No. 1 Maricopa County Library District Page 2 of 3 of the Subrecipient to provide a written certification that the Subrecipient 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. 26.0 PROVISIONS REQUIRED BY LAW Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 27.0 FORCE MAJEURE 27.1 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. 27.2 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. 27.3 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. 28.0 CONFLICT WAIVER Maricopa County, by and through Department of Human Services, and the Maricopa County Library District acknowledge that they are aware that the Civil Services Division of the Maricopa County Attorney’s Office (Civil Division) may be chosen as the attorney for the other Parties to this Agreement, and the signing Parties acknowledge that they are aware of a potential conflict of interest, and waive any claim of conflict of interest, which may arise by virtue of Civil Division’s representation of another Party to this Agreement. Contract No.: C-22-22-095-X-01 Amendment No. 1 Maricopa County Library District Page 3 of 3 III. Under A.R.S. §38-511, the Parties may cancel this Agreement without penalty of further obligation within three years after execution of this Agreement if any person significantly involved in initiating, negotiating, securing, drafting, or creating this Agreement on behalf of the County is, at any time while this Agreement or any extension is in effect, an employee or agent of any other party to the Agreement in any capacity or consultant to any other party of this Agreement with respect to the subject matter of this Agreement. IV. Section II above contains all the changes made by this Amendment No. 1. All other terms and conditions of the original Agreement shall remain the same and in full force and effect as approved. V. 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. IN WITNESS HEREOF, the Parties have approved and signed this Amendment No. 1: _________________________________________________________________ Jack Sellers, Chairman, Maricopa County Board of Supervisors Date For Maricopa County Library District: __________________________________ Jeremy Reeder, Director Date For Human Services Department: ___________________________________ Jayson Matthews, Interim Director Date Approved as to Form: __________________________________ Deputy County Attorney Date Approved as to Form: ___________________________________ Deputy County Attorney Date