FIRST AMENDMENT TO SUBCONTRACTOR USE AGREEMENT WITH AZCEND.PDF

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 FIRST AMENDMENT TO SUBCONTRACTOR USE AGREEMENT  
BETWEEN AZCEND AND MARICOPA COUNTY  
 
RECITALS 
 
A. 
AZCEND, and Arizona non-profit organization (“Contractor” or “AZCEND”) and 
Maricopa County, a political subdivision of the State of Arizona (“User”), collectively, 
(“Parties”) are Parties to that certain Subcontractor Use Agreement dated May 31, 2018 
(“Use Agreement”). Contractor agrees to permit User to use, subject to the provisions set 
forth in the Use Agreement, the property located at 132 W. Bruce Ave. (also known as 120 
N. Oak St.), Gilbert, Arizona (“Property”) for the purpose of providing nutrition education 
and breastfeeding support services, supplemental nutritious foods and referrals to health 
and social services (“Permitted Use”). 
 
B. 
The term of the Agreement expires March 31, 2023. 
 
C. 
The Parties now mutually desire to enter into this First Amendment to Subcontractor Use 
Agreement (“Amendment”) to amend the Use Agreement to: (a) extend the term; (b) 
provide a renewal option; (c) provide administration of agreement provision; and (d) 
replace counterpart language. 
 
AGREEMENT 
 
NOW THEREFORE in consideration of the foregoing and other good and valuable 
consideration, the sufficiency and adequacy of which are hereby acknowledged, Contractor 
and User agree to amend the Use 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 Use Agreement, unless the context expressly requires 
otherwise. 
 
3. 
The term of the Use Agreement is hereby extended and shall commence on April 1, 2023 
and expire on September 30, 2027.   This Agreement is subject to the provisions of A.R.S. 
§ 38-511, the provisions of which are incorporated herein by this reference. 
 
4. 
User shall have the option to renew the term of this Use Agreement for one additional 
period of five (5) years. If User wants to exercise the option to renew, User will provide 
Contractor with written notice of its intent to renew no less than ninety (90) days’ prior to 
expiration date. The Use Agreement shall be renewed upon mutual agreement by both 
Parties in writing. 
 
5. 
This Use Agreement shall be administered for the County, including execution of 
documents, by the Maricopa County Assistant County Manager and/or the Director of the 
Maricopa County Real Estate Department

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6. 
Section 13.0 to the Use Agreement is deleted in its entirety and replaced with the following: 
 
13. Counterparts.  This Use Agreement may be executed in two or more counterparts, 
each of which shall be deemed an original but all of which together shall constitute one 
and the same instrument. Electronic signatures shall have the same force and effect as 
original signatures. 
 
7. 
Contractor warrants and certifies that it does not currently, and agrees for the duration of 
the Use Agreement that it will not, use: 
7.1. The forced labor of ethnic Uyghurs in the People's Republic of China. 
7.2. Any goods or services produced by the forced labor of ethnic Uyghurs in the People's 
Republic of China. 
7.3. 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.  
If Contractor becomes aware during the term of the Use Agreement that the Contractor is 
not in compliance with this paragraph, Contractor shall notify User within five (5) business 
days after becoming aware of the noncompliance. Failure of Contractor to provide a written 
certification that Contractor has remedied the noncompliance within one hundred eighty 
(180) days after notifying User of its noncompliance, this Use Agreement shall terminate 
unless the term of this Use Agreement shall end prior to said one hundred eighty (180) day 
period. 
 
8. 
This Amendment shall not become effective until it is executed by Maricopa County. 
 
9. 
The foregoing paragraphs contain all the changes made by this Amendment. All other 
terms and conditions of the Use Agreement remain the same and in full force and effect. 
 
 
 
 
 
 
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

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IN WITNESS WHEREOF, the Parties have signed this Amendment: 
 
CONTRACTOR:  AZCEND, an Arizona non-profit organization  
 
 
 
 
 
 
Trinity Donovan, CEO 
 
 
 
This agreement requires the approval and signature of the Town Manager of the Town of Gilbert. 
In no way shall approval and signature by the Town Manager be interpreted to mean that the 
Town of Gilbert has any obligations under this agreement: 
 
TOWN OF GILBERT 
 
 
________________________________________________________ 
Patrick Banger, Town Manager, Town of Gilbert 
Date

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USER: Maricopa County, a political subdivision of the State of Arizona 
 
 
____________________________________ 
Bill Gates 
Chairman of the Board of Supervisors 
 
ATTEST: 
 
 
____________________________________ 
Clerk of the Board 
 
 
Date 
 
APPROVED as to FORM: 
 
 
____________________________________ 
Deputy County Attorney 
 
Date