AMENDMENT 1 TO THE AGREEMENT WITH RESPITE SHELTER FOR MEN.PDF

Contract No. C-22-17-043-3-01 Amendment No. 1
AMENDMENT TO THE
SUBRECIPIENT AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
RESPITE SHELTER FOR HOMELESS MEN, INC.
I. Maricopa County (“County”) by and through the Maricopa County Human Services Department entered
into a financial Subrecipient Agreement (“Agreement”) with Respite Shelter For Homeless Men (referred to
as the “Subrecipient”) on or about December 7, 2016, for the provision of a recuperative environment for
men 18 years and older who have been released from hospitalization due to illness, surgery or injury. The
Agreement effective date is July 1, 2016 through June 30, 2017. 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:
A. Remove in its entirety: Section I. Paragraph X. INSURANCE and substitute the following:
X. 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 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.
pg. 1

Contract No. C-22-17-043-3-01 Amendment No. 1
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 $2,000,000 for each
occurrence, $2,000,000 Products/Completed Operations Aggregate,
and $2,000,000 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.
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:
pg. 2

Contract No. C-22-17-043-3-01 Amendment No. 1
General Aggregate $2,000,000
Each Occurrence Limit $2,000,000
Sexual Abuse/Molestation $100,000
17. Certificates of Insurance:
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.
18. 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.
19. 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.
20. 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.
21. 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.
pg. 3

Contract No. C-22-17-043-3-01 Amendment No. 1
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.
IN WITNESS THEREOF, the Parties have signed this agreement:
APPROVED BY: APPROVED BY:
RESPITE SHELTER FOR HOMELESS MEN, MARICOPA COUNTY
INC.
___________________________________ ____________________________________
Authorized Signature Denny Barney
Chairman of the Board Signature
___________________________________
Name
Date: __________________________ Date: __________________________
Attested To:
____________________________________
Fran McCarroll, Clerk of the Board
IN ACCORDANCE WITH A.R.S. §§ 11-952, 11-201,
AND 11-251, THIS AMENDMENT HAS BEEN
REVIEWED BY THE UNDERSIGNED DEPUTY
COUNTY ATTORNEY WHO HAS
DETERMINED THAT THIS AMENDMENT IS
PROPER IN FORM AND WITHIN THE POWER
AND AUTHORITY GRANTED TO THE
COUNTY UNDER THE LAWS OF THE STATE
OF ARIZONA.
MARICOPA COUNTY
BY: ______________________________
Legal Counsel for Maricopa County
Date: __________________________
pg. 4