DG1808 CITY OF TOLLESON AMENDMENT 1.PDF

Contract No. C-22-19-006-3-01 Amendment No. 1
AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT
FOR SERVICES BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
THE CITY OF TOLLESON
I. Maricopa County (“County”) administered by its Human Services Department entered into a financial
Intergovernmental Agreement (“Agreement”) with the City of Tolleson (“Subrecipient”) on or about
September 5, 2018. The purpose of the Agreement is for the Subrecipient to perform housing
rehabilitation to 5 owner occupied homes located in the City’s redevelopment area. The Agreement
effective date is August 29, 2018 through June 30, 2020. The County and the Subrecipient may be referred
to individually as “Party” or collectively as “Parties.”
II. The Parties wish to amend the Agreement as follows (Amendment No. 1):
A. Remove in its entirety: Section I. Paragraph W. INSURANCE and substitute the following:
W. INSURANCE
1. Subrecipient, shall and shall cause any of its Subcontractors to purchase and
maintain the herein stipulated minimum insurance from a company or
companies duly licensed by the State of Arizona and possessing a current
A.M. Best, Inc. rating of B++6. In lieu of State of Arizona licensing, the
stipulated insurance may be purchased from a company or companies who
are authorized to do business in the State of Arizona, provided that said
insurance companies meet the approval of County. The form of any
insurance policies and forms must be acceptable to County.
2. All insurance required herein shall be maintained in full force and effect until
all work or service required to be performed under the terms of the
Agreement is satisfactorily completed and formally accepted. Failure to do so
may, at the sole discretion of County, constitute a material breach of this
Agreement.
3. Subrecipient’s insurance shall be primary insurance as respects County, and
any insurance or self-insurance maintained by County shall not contribute to
it.
4. Any failure to comply with the claim reporting provisions of the insurance
policies or any breach of an insurance policy warranty shall not affect
coverage afforded under the insurance policies to protect County.
5. The insurance policies may provide coverage that contains deductibles or
self-insured retentions. Such deductible and/or self-insured retentions shall
not be applicable with respect to the coverage provided to County under such
policies. Subrecipient shall be solely responsible for the deductible and/or
self-insured retention and County, at its option, may require Subrecipient to
secure payment of such deductibles or self-insured retentions by a surety
bond or an irrevocable and unconditional letter of credit.
6. County reserves the right to request and to receive, within 10 working days,
certified copies of any or all of the herein required insurance certificates.
County shall not be obligated to review policies and/or endorsements or to
advise Subrecipient of any deficiencies in such policies and endorsements,
and such receipt shall not relieve Subrecipient from, or be deemed a waiver
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Contract No. C-22-19-006-3-01 Amendment No. 1
of County’s right to insist on strict fulfillment of Subrecipient’s obligations
under this Agreement.
7. The insurance policies required by this Agreement, except Workers’
Compensation, shall name County, its agents, representatives, officers,
directors, officials and employees as Additional Insured’s.
8. The policies required hereunder, except Workers’ Compensation, shall
contain a waiver of transfer of rights of recovery (subrogation) against
County, its agents, representatives, officers, directors, officials and employees
for any claims arising out of Subrecipient’s work or service.
9. The Subrecipient’s policies shall stipulate that the insurance afforded the
Subrecipient shall be primary insurance and that any insurance carried by the
County , its agents, officials, employees or the State of Arizona shall be excess
and not contributory insurance, as provided by A.R.S. § 41-621 (E).
10. Coverage provided by the Subrecipient shall not be limited to the liability
assumed under the indemnification provisions of this Agreement.
11. Commercial General Liability:
a. Commercial General Liability insurance and, if necessary,
Commercial Umbrella insurance with a limit of not less than
$1,000,000 for each occurrence, $2,000,000 Products/Completed
Operations Aggregate, and $3,000,000 General Aggregate Limit. The
policy shall include coverage for premises liability, bodily injury,
broad form property damage, personal injury, products and
completed operations and blanket contractual coverage, and shall
not contain any provisions which would serve to limit third party
action over claims. There shall be no endorsement or modifications
of the CGL limiting the scope of coverage for liability arising from
explosion, collapse, or underground property damage.
12. Workers’ Compensation:
a. Workers’ Compensation insurance to cover obligations imposed by
federal and state statutes having jurisdiction of Subrecipient’s
employees engaged in the performance of the work or services under
this Agreement ; and Employer’s Liability insurance of not less than
$1,000,000 for each accident, $1,000,000 disease for each employee,
and $1,000,000 disease policy limit.
b. Subrecipient waives all rights against County and its agents, officers,
directors and employees for recovery of damages to the extent these
damages are covered by the Workers’ Compensation and
Employer’s Liability or commercial umbrella liability insurance
obtained by Subrecipient pursuant to this Agreement.
13. Sexual Molestation And Physical Abuse:
a. When services involve working with children, elderly, or disabled
individuals, the insurance requirements in the contract must include
coverage for "sexual molestation and physical abuse". Coverage for
this type of claim, or allegation, is excluded from standard general
liability policies. Therefore, Subrecipients whose services include
working with and/or caring for children/elderly and disabled
persons should have their policies specifically endorsed to include
this coverage.
14. Commercial General Liability – Occurrence Form:
Policy shall include bodily injury, property damage and broad form
contractual liability coverage.
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Contract No. C-22-19-006-3-01 Amendment No. 1
15. The policy shall be endorsed to include coverage for physical/sexual
abuse and molestation.
16. The policy shall be endorsed to include the following additional insured
language: "(Maricopa County), its subsidiary, parent, associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees,
employees, agents, and volunteers shall be named as additional insureds with
respect to liability arising out of the activities performed by, or on behalf of the
Contractor".
Minimum Limits:
General Aggregate $3,000,000
Each Occurrence Limit $1,000,000
Sexual Abuse/Molestation $2,000,000
17. Builder’s Risk (Property) Insurance.
Subrecipients shall and shall cause any of its Subcontractors to purchase and
maintain, on a replacement cost basis, Builders’ Risk insurance and, if
necessary, Commercial Umbrella insurance in the amount of the initial
Agreement amount as well as subsequent modifications thereto for the entire
work at the site. Such Builders’ Risk insurance shall be maintained until final
payment has been made or until no person or entity other than County has an
insurable interest in the property required to be covered, whichever is earlier.
This insurance shall include interests of County, Subrecipient and all of
Subrecipient’s subcontractors and sub‐subcontractors in the work during the
life of the Agreement and course of construction, and shall continue until the
work is completed and accepted by County. For new construction projects,
Subrecipient agrees to assume full responsibility for loss or damage to the work
being performed and to the structures under construction. For renovation
construction projects, Subrecipient agrees to assume responsibility for loss or
damage to the work being performed at least up to the full Agreement amount,
unless otherwise required by the Agreement documents or amendments
thereto.
a. Builders’ Risk insurance shall be on a special form and shall also cover
false work and temporary buildings and shall insure against risk of
direct physical loss or damage from external causes including debris
removal, demolition occasioned by enforcement of any applicable
legal requirements, and shall cover reasonable compensation for
architect’s service and expenses required as a result of such insured
loss and other “soft costs” as required by the Agreement.
b. Builders’ Risk insurance must provide coverage from the time any
covered property comes under the Subrecipient’s control and/or
responsibility, and continue without interruption during construction,
renovation, or installation, including any time during which the
covered property is being transported to the construction installation
site, and while on the construction or installation site awaiting
installation. The policy will provide coverage while the covered
premises or any part thereof are occupied. Builders’ Risk insurance
shall be primary and any insurance or self‐insurance maintained by the
County is not contributory.
c. If the Agreement requires testing of equipment or other similar
operations, at the option of County, Subrecipient will be responsible
for providing property insurance for these exposures under a Boiler
Machinery insurance policy or the Builders’ Risk Insurance policy.
18. Certificates of Insurance:
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Contract No. C-22-19-006-3-01 Amendment No. 1
a. Upon execution of the Agreement, Subrecipient shall and shall cause
any of its Subcontractors to furnish the County with valid and
complete certificates of insurance, or formal endorsements as
required by the Agreement, issued by Subrecipient’s insurer(s), as
evidence that policies providing the required coverage, conditions
and limits required by this Agreement are in full force and effect.
Such certificates shall identify this Agreement number and title.
b. Prior to commencing work or services under this Agreement ,
Subrecipient shall have insurance in effect as required by the
Agreement in the form provided by the County, issued by
Subrecipient’s insurer(s), as evidence that policies providing the
required coverage, conditions and limits required by this Agreement
are in full force and effect. Such certificates shall be made available
to the County upon ten (10) business days. BY SIGNING THE
AGREEMENT PAGE THE SUBRECIPIENT AGREES TO
THIS REQUIREMENT AND FAILURE TO MEET THIS
REQUIREMENT WILL RESULT IN CANCELLATION OF
AGREEMENT.
c. In the event any insurance policy(ies) required by this Agreement is
(are) written on a “claims made” basis, coverage shall extend for two
years past completion and acceptance of Subrecipient’s work or
services and as evidenced by annual Certificates of Insurance.
d. If a policy does expire during the life of the Agreement, a renewed
Certificate of Insurance must be sent to the County forty-five (45)
days prior to the expiration date.
19. Cancellation and Expiration Notice:
a. Insurance required herein shall not be permitted to expire, be
canceled, or materially changed without thirty (30) days prior written
notice to the County.
b. If the Subrecipient provides professional or semi-professional
personal services under this Agreement for which malpractice or
professional liability coverage is available, such as medical, psychiatric,
or legal services, Subrecipient shall carry minimum liability coverage
of $2,000,000 each occurrence and provide the County with proof of
coverage.
20. Subcontractors: Subrecipient’s certificate(s) shall include all subcontractors
as insureds under its policies or Subrecipient shall furnish to the County
separate certificates for each subcontractor. All coverages for Subcontractors
shall be subject to the minimum requirements identified above.
21. Approval: Any modification or variation from the insurance requirements in
any Agreement must have prior approval from the County whose decision
shall be final. Such action will not require a formal Agreement amendment,
but may be made by administrative action.
22. Exceptions: In the event the Subrecipient is a public entity, then the
Insurance Requirements shall not apply. Such public entity shall provide a
Certificate of Self-Insurance or a Certificate of Proof of Pool Insurance.
Nongovernmental Subcontractors of the Subrecipient shall comply with all
insurance terms.
III. The Parties agree to the foregoing amendment and further agree the paragraphs contain all the changes
made by this Amendment. All other terms of the original agreement remain in full force and effect and
are not affected by this amendment.
pg. 4

Contract No. C-22-19-006-3-01 Amendment No. 1
IN WITNESS THEREOF, the Parties have signed this agreement:
APPROVED BY: APPROVED BY:
THE CITY OF TOLLESON MARICOPA COUNTY
___________________________________ ____________________________________
Authorized Signature Chairman, Board of Supervisors
Date: __________________________ Date: __________________________
Attested to: Attested to:
City Clerk Fran McCarroll, Clerk, Board of Supervisors
Date Date
IN ACCORDANCE WITH A.R.S. §§ 11-201, 11-251 & 11-952, THIS AGREEMENT HAS BEEN
REVIEWED BY THE UNDERSIGNED ATTORNEYS WHO HAVE DETERMINED THIS
AGREEMENT IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY
GRANTED UNDER THE LAWS OF THE STATE OF ARIZONA.
APPROVED AS TO FORM: APPROVED AS TO FORM:
Attorney for the Subrecipient Date Deputy County Attorney Date
pg. 5