CITY OF SCOTTSDALE IGA AMENDMENT_2.PDF

CONTRACT NO. C-22-13-057-3-02 AMENDMENT 2
AMENDMENT
TO THE AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
CITY OF SCOTTSDALE
I. The Parties entered into the Intergovernmental Agreement (C-22-13-057-3-00)
(Agreement) on May 22, 2013 for the provision of Crisis Case Management and
Financial Assistance Services.
II. The Parties mutually desire to amend the Agreement to renew this agreement for an
additional year, supplement insurance terms and incorporate Whistleblower Rights terms
as required by Federal law. The Parties agree:
A. The term of the agreement shall be amended to commence on July 1, 2015 and
expire on June 30, 2016.
B. Add Paragraph HH to Section I General Provisions as follows:
HH. CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND
REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
1. The Parties agree that this Contract and employees working on this Contract
will be subject to the whistleblower rights and remedies in the pilot program
on contractor employee whistleblower protections established at 41 U.S.C. §
4712 by section 828 of the National Defense Authorization Act for Fiscal Year
2013 (Pub. L. 112–239) and section 3.908 of the Federal Acquisition
Regulation;
2. Contractor shall inform its employees in writing, in the predominant language
of the workforce, of employee whistleblower rights and protections under 41
U.S.C. § 4712, as described in section 3.908 of the Federal Acquisition
Regulation. Documentation of such employee notification must be kept on
file by Contractor and copies provided to County upon request; and
3. Contractor shall insert the substance of this clause, including this paragraph
(3), in all subcontracts over the simplified acquisition threshold ($150,000 as
of September 2013).
C. Add Paragraph N to Section II Special Previsions as follows:
N. INSURANCE REQUIREMENTS
The Contractor and any of its subcontractors shall procure and maintain such
insurance requirements until all of their obligations have been discharged and
any warranty periods under this Contract are satisfied, including any claims for
injury to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, its agents,
representatives, employees or subcontractors.

CONTRACT NO. C-22-13-057-3-02 AMENDMENT 2
The insurance requirements herein are minimum requirements for this
Agreement and in no way limit the indemnity covenants contained in this
Agreement. The County and State of Arizona in no way warrant that the
minimum limits contained herein are sufficient to protect the Contractor from
liabilities that might arise out of the performance of the work under this
Agreement by the Contractor, his agents, representatives, employees or
subcontractors, and the Contractor is free to purchase additional insurance.
1. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall
provide coverage with limits of liability not less than those stated below.
a. Commercial General Liability – Occurrence Form
Policy shall include bodily injury, property damage, personal injury and
broad form contractual liability.
• General Aggregate $2,000,000
• Products – Completed Operations Aggregate $2,000,000
• Personal and Advertising Injury $1,000,000
• Blanket Contractual Liability – Written and Oral $1,000,000
• Fire Legal Liability $ 50,000
• Each Occurrence $1,000,000
i. The policy shall be endorsed to include the following additional
insured language: “Maricopa County and the State of Arizona, their
departments, agencies, boards, commissions, and their officers, officials,
agents, and employees shall be named as additional insureds with
respect to liability arising out of the activities performed by or on behalf of
the Contractor".
ii. Policy shall contain a waiver of subrogation against Maricopa
County, the State of Arizona and their departments, agencies, boards,
commissions, and their officers, officials, agents, and employees for
losses arising from work performed by or on behalf of the Contractor.
iii. The Policy shall be endorsed to include coverage for sexual abuse
and molestation.
b. Business Automobile Liability
Bodily Injury and Property Damage for any owned, hired, and/or non-
owned vehicles used in the performance of this Contract.
Combined Single Limit (CSL) $1,000,000
i. The policy shall be endorsed to include the following additional
insured language: “Maricopa County and the State of Arizona, their
departments, agencies, boards, commissions, and their officers, officials,
agents, and employees shall be named as additional insureds with
respect to liability arising out of the activities performed by or on behalf of
the Contractor, involving automobiles owned, leased, hired or borrowed
by the Contractor".
ii. Policy shall contain a waiver of subrogation against Maricopa
County and the State of Arizona, their departments, agencies, boards,

CONTRACT NO. C-22-13-057-3-02 AMENDMENT 2
commissions, and their officers, officials, agents, and employees for
losses arising from work performed by or on behalf of the Contractor.
c. Worker's Compensation and Employers' Liability
Workers' Compensation Statutory
Employers' Liability
Each Accident $1,000,000
Disease – Each Employee $1,000,000
Disease – Policy Limit $1,000,000
i. Policy shall contain a waiver of subrogation against Maricopa
County and the State of Arizona, their departments, agencies,
boards, commissions, and their officers, officials, agents, and
employees for losses arising from work performed by or on behalf
of the Contractor.
d. Professional Liability (Errors and Omissions Liability)
Each Claim $1,000,000
Annual Aggregate $2,000,000
i. In the event that the professional liability insurance required by
this Contract is written on a claims-made basis, the Contractor warrants
that any retroactive date under the policy shall precede the effective date
of this Contract; and that either continuous coverage will be maintained or
an extended discovery period will be exercised for a period of two (2)
years beginning at the time work under this Contract is completed.
ii. The policy shall cover professional misconduct or lack of ordinary
skill for those positions defined in the Work Statement under this
Contract.
2. ADDITIONAL INSURANCE REQUIREMENTS: The policies, except
Worker’s Compensation and Professional Liability insurance, are to contain, or
be endorsed to contain, the following provisions:
a. Maricopa County, the State of Arizona, and their respective departments,
agencies, boards, commissions, and their respective officers, officials,
agents, and employees and the Contractor shall be additional insureds to
the full limits of liability purchased by the Contractor, even if those limits of
liability are in excess of those required by the Contract.
b. The Contractor’s and its subcontractors’ insurance coverage shall be
primary insurance with respect to all other available sources.
c. The Contractor’s and its subcontractors’ insurance shall apply separately
to each insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability. Coverage provided by
the subcontractors shall not be limited to the liability assumed under the
indemnification provisions of their contracts with the Contractor.

CONTRACT NO. C-22-13-057-3-02 AMENDMENT 2
3. NOTICE OF CANCELLATION: With the exception of (10) day notice of
cancellation for non-payment of premium, any changes material to compliance
with this contract in the insurance policies above shall require (30) days written
notice to Maricopa County. Such notice shall be sent directly to Maricopa County
Human Services Department (Attn: Community Services Division), 234 N.
Central Avenue, Ste 3000, Phoenix, AZ 85004, and shall be sent by certified
mail, return receipt requested.
4. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly
licensed or approved non-admitted insurers in the State of Arizona with an “A.M.
Best” rating of not less than A VII. The County in no way warrants that the
above-required minimum insurer rating is sufficient to protect the Contractor from
potential insurer insolvency.
If the social services program utilizes the Social Service Contractors Indemnity
Pool (SSCIP) or other approved insurance pool for insurance coverage, SSCIP
or the other approved insurance pool is exempt from the A.M. Best’s rating
requirement listed in this Contract. If the Contractor or it Subcontractor chooses
to use SSCIP or another approved insurance pool as its insurance provider, the
Contract or Contractor’s Subcontract would be considered in full compliance with
insurance requirements relating to the A.M. Best rating requirements.
5. VERIFICATION OF COVERAGE: Contractor shall furnish the County
with certificates of insurance (ACORD form or equivalent approved by the
County) as required by this Contract. The certificates for each insurance policy
are to be signed by a person authorized by that insurer to bind coverage on its
behalf.
All certificates and endorsements are to be received and approved Maricopa
County before work commences. Each insurance policy required by this
Contract must be in effect at or prior to commencement of work under this
Contract and remain in effect for the duration of the Contract’s contract term.
Failure to maintain the insurance policies as required by this Contract, or to
provide evidence of renewal, is a material breach of contract.
All certificates required by this Contract shall be sent directly to Maricopa County
Human Services Department (Attn: Community Services Division), 234 N.
Central Avenue, Ste. 3000, Phoenix, AZ 85004. The County’s Contract number
is to be noted on the certificate of insurance. The County reserves the right to
require complete, certified copies of all insurance policies required by this
Contract at any time.
6. EXCEPTIONS: In the event the Contractor’s subcontractor(s) is/are a
public entity, then the Insurance Requirements may, based upon the sole
discretion of the County, not apply. Such public entity may, based upon the sole
discretion of the County, provide a certificate of self-insurance to the Contractor
and may be provided to the County upon request.
III. The foregoing paragraphs contain all the changes to the Agreement. All other terms of
the original agreement not amended hereby, remain in full force and effect.

CONTRACT NO. C-22-13-057-3-02 AMENDMENT 2
IN WITNESS THEREOF, the Parties have signed this Agreement:
Approved By: Approved By:
CITY OF SCOTTSDALE MARICOPA COUNTY
______________________________________ _____________________________________
W.J. Lane, Mayor Steve Chucri, Chairman
______________________________________ _____________________________________
Date Date
Attested to: Attested to:
______________________________________ __________________________________________
Carolyn Jagger, City Clerk Fran McCarroll, Clerk of the Board
_____________________________________ _____________________________________
Date Date
In accordance with A.R.S. §§§ 11-952, 11-201, and 11-251, this Amendment has been reviewed by the
undersigned Deputy County Attorney, and, in accordance with A.R.S. § 11-952, this Amendment has
been reviewed by the undersigned Attorney for the City of Scottsdale on behalf of the City Of
Scottsdale, and, as to their respective clients only, each Attorney has determined that this agreement is
in proper form and within the power and authority granted under the laws of the State of Arizona.
APPROVED AS TO FORM: APPROVED AS TO FORM:
Attorney for the City of Scottsdale Deputy County Attorney for Maricopa County
_____________________________________ _____________________________________
Date Date