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Contract No. C-22-15-05-3-01 Amendment #1 AMENDMENT TO THE AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND GUADALUPE COMMUNITY DEVELOPMENT (CI-IDO) The purpose of Amendment #1 is to: A. Remove in its entirety: Section I. Paragraph FF. Insurance and substitute the following: FF. INSURANCE CHDO, at CHDO's own expense 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 A+. In lieu of State of Arizona licensing, the stipulated insurance m a y be purchased from a company or companies, which 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. CHDO shall have in effect at all times during the term of this Agreement insurance that is adequate to protect the County, its officers and employees, participants, and equipment funded under this Agreement against the losses set forth below. CHDO shall name the County as an additional insured party. CHDO shall provide the Department with documentation of insurance coverage by furnishing the Contract Administrator a certificate of insurance or a certified copy of the insurance policy or other documentation that is required by the Contract Administrator. CHDO'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 the County's right to coverage afforded under the insurance policies. 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. CHDO shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require CHDO 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 CHDO of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of County's right to insist on strict fulfillment of CHDO'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. pg. 1 Contract No. C-22-15-05-3-01 Amendment #1 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 Contractor's work ot service. 1. Commercial General Liability: 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 $2,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provision which would serve to limit third party action over claims. There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. 2. Automobile Liability: Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $2,000,000 each occurrence with respect to any of the CHDO's owned, hired, and non-owned vehicles assigned to or used in performance of the CHDO's work or services under this Contract. 3. Workers' Compensation: Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of CHDO'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. CHDO 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 CHDO pursuant to this Contract. 2. Certificates of Insurance Prior to commencing work or services under this Contract, CHDO shall have insurance in effect as required by the Contract in the form provided by the County, issued by CHDO'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 be made available to the County upon ten (10) business days. BY SIGNING THE AGREEMENT PAGE THE CHDO AGREES TO THIS REQUIREMENT AND FAILURE TO MEET THIS REQUIREMENT WIT .T. RESULT IN CANCELLATION OF CON1RACT. 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 CHDO's work or services and as evidenced by annual Certificates of Insurance. pg. 2 Contract No. C-22-15-05-3-01 Amendment #1 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. 3. Cancellation and Expiration Notice. Insurance requited herein shall not be permitted to expire, be canceled, or materially changed without thirty (30) days prior written notice to the County. 4. If the CHDO 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, Contractor shall carry minimum liability coverage of $2,000,000 each occurrence and provide the Department with proof of coverage. The reduction of customary insurance limits was reviewed and approved by IVfaricopa County Risk Management to allow insured levels at $1,000,000 per claim/$2,000,000 aggregate. 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: GUADALUPE COMMUNITY MARICOPA COUNTY DEVELOPMENT CORPORATION CHDO Authorized Signature Denny Barney Chairman of the Board Signature Name Date: Date: Attested To: Fran McCarron, Clerk of the Board IN ACCORDANCE wrTH A.R.S. 11-952, 11-201, AND 11-251, THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED DEPUTY COUNTY ATTORNEY WHO HAS DETERMINED THAT THIS AGREEMENT 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. 3