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C-22-15-063-3-00 Amendment No. 1 AMENDMENT TO THE CONTRACT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND LODESTAR DAY RESOURCE CENTER I. Maricopa County entered in to Contract C-22-15-063-3-00 with Lodestar Day Resource Center for the provision of homeless emergency shelter and coordination of social services. The purpose of the contract Amendment No. 1 to Contract C-22-15-063-3-00 is to increase the total contract amount by $47,108 from $302,892 to $350,000 and modify payment processes. II. Therefore, the following Sections are hereby amended: A. Delete Attachment “A” to the Contract in its entirety. B. Delete paragraph 14.0 in its entirety and replace with the INSURANCE clause attached as Attachment A. C. Amend section 5.0 Funding as follows: 5.0 Funding 5.1 April 15, 2015 to May 14, 2015 available funds shall be $26,907. 5.2 May 15, 2015 to November 15, 2015 available funds shall be a total of $323,093. 5.3 Expenditures beginning May 15, 2015 to June 30, 2015 for the LDRC shelter operating costs will be for a total payment of $168,681. 5.4 Expenditures beginning July 1, 2015 to November 15, 2015 for the LDRC shelter operating costs will be for 4 equal payments of $38,603 for a total of $154,412. 5.5 Contractor shall submit monthly Payment Requests by the last calendar day of the month. 5.6 HSD will pay Monthly Payments to LDRC upon receipt, review and approval of the following documentation: 5.6.1 A monthly Payment Request Exhibit 1; and 5.6.2 Copy of Monthly Ledger or detailed Expenditure Report, supporting charges applied towards the contract. 5.7 Monthly Payment Requests and supporting documents to be submitted electronically to the following individual: Amy Jacobson, Community Development Assistant Director at jacobsonA@mail.maricopa.gov D. Include Attachment B as part of the contract Agreement. III. The foregoing paragraphs contain all the changes to the Amendment. All other terms of the original agreement not amended hereby, remain in full force and effect. IN WITNESS THEREOF, the Parties have signed this Amendment: FOR AND ON BEHALF OF LODESTAR DAY FOR AND ON BEHALF OF MARICOPA RESOURCE CENTER: COUNTY: ____________________________________ _____________________________________ Executive Director Steve Chucri, Chairman of the Board __________________ __________________ Date Date Attested To: _________________________________________ Fran McCarroll, Clerk of the Board Date This Amendment has been reviewed by the undersigned Attorney who has determined that is proper in form and within the power and authority granted under the laws of the State of Arizona. ________________________________________ Deputy County Attorney Date C-22-15-063-3-00 Amendment No. 1 ATTACHMENT A INSURANCE LDRC, shall 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. 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 Contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this Contract. LDRC’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 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. 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. LDRC shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require LDRC to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 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 LDRC of any deficiencies in such policies and endorsements, and such receipt shall not relieve LDRC from, or be deemed a waiver of County’s right to insist on strict fulfillment of LDRC’s obligations under this Contract. The insurance policies required by this Contract, except Workers’ Compensation, shall name County, its agents, representatives, officers, directors, officials and employees as Additional Insured’s. 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 LDRC’s work or service. The LDRC's policies shall stipulate that the insurance afforded the LDRC shall be primary insurance and that any insurance carried by the Department, 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). Coverage provided by the LDRC shall not be limited to the liability assumed under the indemnification provisions of this Contract. Commercial General Liability: 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 $4,000,000 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. Workers’ Compensation: Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of LDRC’s employees engaged in the performance of the work or services under this Contract; 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. C-22-15-063-3-00 Amendment No. 1 LDRC 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 LDRC pursuant to this Contract. Sexual Molestation And Physical Abuse: When services involve working with these groups of individuals, the insurance requirements in the contract need to be revised to include coverage for "sexual molestation and physical abuse". Coverage for this type of claim, or allegation, is excluded from standard general liability policies. Therefore, contractors whose services include working with and/or caring for children/elderly and disabled persons should have their policies specifically endorsed to include this coverage. Commercial General Liability – Occurrence Form: Policy shall include bodily injury, property damage and broad form contractual liability coverage. The policy shall be endorsed to include coverage for physical/sexual abuse and molestation. 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 LDRC". Minimum Limits: General Aggregate $4,000,000 Each Occurrence Limit $2,000,000 Sexual Abuse/Molestation $2,000,000 Certificates of Insurance: Upon Contract execution, LDRC shall furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the Contract, issued by LDRC’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Contract are in full force and effect. Such certificates shall identify this contract number and title. In the event any insurance policy (ies) required by this contract is (are) written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of LDRC’s work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days prior to the expiration date. Cancellation and Expiration Notice: Insurance required herein shall not be permitted to expire, be canceled, or materially changed without thirty (30) days prior written notice to the County. C-22-15-063-3-00 Amendment No. 1 ATTACHMENT B Maricopa County Human Services Department Community Development Division Payment Request Claim Form TIME STAMP ABOVE Subrecipient: Lodestar Day Resource Center Month & Year Address: 1125 W. Jackson Contract # C-22-15-063-3-00 City/State/Zip: Phoenix, AZ 85007 Contract Start Date April 15, 2015 Contact Person: David Bridge Contract End Date November 15, 2015 Phone Number: 602-223-3419 Date Submitted E-mail Address: dbridge@hsc-az.org B. Amount D. New Total A. Contract Budget Requested YTD C. Amount of this E. New Balance in Line Item Expenditures Requested YTD Amount (from D. previous Request Budget (A-D) (B+C) claim) Shelter Operations (4/15-5/14) $26,907 $ - $ - $ - 26,907 Shelter Operations (5/15-6/30) $168,681 $ - $ - $ - 168,681 Shelter Operations (7/1-11/15) $154,412 $ - $ - $ - 154,412 TOTALS: 350,000 0.00 350,000 Signature certifies that all activities performed with contracted funds have been carried out in accordance with the contract to the best of the signer's knowledge. Authorized Signature Title Date Payment Requirements: An authorized signature is required. After signature, please SCAN AND EMAIL this form . An incomplete or incorrect payment request will be returned for correction and may delay payment. Supporting documentation MUST be submitted with this claim. From 4/15-5/14 available funds shall be $26,907. Starting 5/15-6/30/15 Operating Costs total of $168,681. Starting 07/01-11/15/15 operating costs will be in four equal payments of $38,603/month. MCHSD/CD USE ONLY Project Manager Date Assistant Director Date Grants Accountant Date