Amendment_5_-_FINAL.pdf

Contract Amendment State of Arizona Department of Child Safety

Office of Procurement 3003 N. Central St, 20th Fl.

Phoenix, AZ 85012 Contract #: CTR055722

Amendment #: 5

ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED

This amendment shall be fully executed upon the approval electronically in the state approved e-procurement system by an authorized representative of the Contractor and applied to the contract within the e-procurement system by the Procurement Officer or delegate.

The purpose of this Amendment is to replace and clarify language around the provisions for Ridesharing and add language for ADJC invoicing

Pursuant to the Uniform Terms and Conditions, Section 5.1 Amendments, and the Special Terms and Conditions, Section 5.1 Contract Amendments, the contract is amended as follows:

• Scope of Work Section 4.2.2 is replaced in its entirety as follows with the specific changes highlighted for clarity:

4.2.2 Verify the following:

1. That the time and point of pick up and return are accurate;

2. If child passenger restraint seats are required (required for any child under age five

(5) years or under eight (8) years of age who is less than four (4) feet nine (9) inches tall);

3. Whether vehicle lifts, or wheelchair accessibility is required; and

4. Whether an attendant is required for children under the age of seven (7).

a. Prohibit children seven (7) years of age and younger from riding unaccompanied unless pre-approved by the Department staff person.

5. Prohibit Ridesharing for services for children and young adults (ages 0-21);

6. Ridesharing is permitted for adults over the age of 21.

• Scope of Work Section 5.2 is replaced in its entirety as follows with the specific changes highlighted for clarity:

5.2 Ridesharing is not permitted for the provision of services under this contract for children and young adults (ages 0-21) because these drivers do not meet the minimum qualifications as stated in Section 5.3.2 and Section 5.5.2.

• Scope of Work Sections 5.3.1, 5.3.1.1, and 5.3.1.2 are replaced in its entirety as follows with the specific changes highlighted for clarity:

5.3.1 (DOES NOT APPLY TO RIDESHARING) Accept service request upon contract effective date and have adequate transportation Providers to manage the capacity listed in their proposal.

1. Have a clear Central Registry Background Check and a Level One fingerprint clearance card prior to delivering services to ADCS clients, which is to be reviewed and updated annually.

2. Upon hire and on a bi-annual basis, verify that drivers providing services to the ADCS' clients have:

Office of Procurement 3003 N. Central St, 20th Fl.

Phoenix, AZ 85012

This amendment shall be fully executed upon the approval electronically in the state approved e-procurement system by an authorized representative of the Contractor and applied to the contract within the e-procurement system by the Procurement Officer or delegate.

a. A valid driver's license that has not been suspended or revoked due to a moving violation within the last three (3) years of date of hire.

1) New hires and current employees who have had their license suspended or revoked for issues other than moving violations (i.e. due to nonpayment of registration fee or parking ticket), can provide transportation to ADCS clients if:

a) Their license has been reinstated, and

b) They have had no further moving or nonmoving violations for at least six (6) month from first date of suspension.

b. Valid Car insurance

c. No Driving while intoxicated (DWI) or Driving Under the Influence (DUI) during the life of the Contract or in the five (5) years preceding the Contract.

d. No At Fault Accidents during the life of the Contract or in the five (5) years preceding the Contract.

e. No more than two (2) moving violations during the life of the Contract or in the five (5) years preceding the Contract.

f. No more than one (1) excessive speed (per the A.R.S. § 28-701.02) violation during the life of the Contract or in the five (5) years preceding the Contract.

g. No criminal violations during the life of the Contract or in the five (5) years preceding the Contract.

h. Current CPR certification

i. Have not been placed on probation or parole for the last ten (10) years from date of hire.

j. Have no civil, criminal, or juvenile restraining orders within the last ten (10) years from present date.

k. Have a clear pre-employment drug test result, as well as clear random annual drug testing results. Verification is to be kept in the Personnel File.

• Scope of Work Section 5.5.2 and its subsections are replaced in its entirety as follows with the specific changes highlighted for clarity:

5.5.2 Have a valid “Vehicle for Hire Permit” from the Arizona Department of Transportation as required under A.R.S. § 28-9503.

1. A copy of the ADOT business permit shall be present inside the vehicle at all times

(A.R.S. § 28-9503(F)).

2. The vehicle must have an ADOT/MVD-approved license plate.

3. A vehicle that transports passengers for hire and that has a design capacity for over 8 passengers requires a commercial license plate (A.R.S. § 28-5201(1)(e)).

Office of Procurement 3003 N. Central St, 20th Fl.

Phoenix, AZ 85012

This amendment shall be fully executed upon the approval electronically in the state approved e-procurement system by an authorized representative of the Contractor and applied to the contract within the e-procurement system by the Procurement Officer or delegate.

4. Driver's name must be displayed on either an interior sign that is readily visible in either a print or electronic format or on a digital network or software application (A.R.S. § 28-9506 (A)).

5. Current and correct insurance documents and vehicle registration must be carried in the vehicle at all times (A.R.S. § 28-4039). (ACORD and ID cards).

6. Interior signage for non-emergency medical vehicles or vehicles in contract with a government agency must indicate that fares are determined by contract with a governmental agency or agencies when providing those services.

• Scope of Work Section 11.1.1 and its subsections are replaced in its entirety as follows with the specific changes highlighted for clarity:

11.1 Monthly Invoices

11.1.1 Invoices and supporting documentation shall be submitted between the 1st and the 15th of the month following each service month via the DCS Case Management Welfare System (for DCS). For ADJC, refer to ADJC Services Invoices (Exhibit F). Invoices shall be submitted to the Accounting Office at Accounting@azdjc.gov.

a. The invoice shall be completed and submitted in the case management system (for DCS).

b. The monthly invoice shall include all of the required documentation as attachments

• Section 6.3. Basic Indemnification and its subsections are replaced in its entirety as follows:

6.3 Indemnification

1. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the State of Arizona and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of, or recovered under, the Workers’ Compensation Law or arising out of the failure of such Contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the mailto:Accounting@azdjc.gov

Office of Procurement 3003 N. Central St, 20th Fl.

Phoenix, AZ 85012

This amendment shall be fully executed upon the approval electronically in the state approved e-procurement system by an authorized representative of the Contractor and applied to the contract within the e-procurement system by the Procurement Officer or delegate.

parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration of the award of this contract, Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents and employees for losses arising from the work performed by the Contractor for the State of Arizona.

This indemnity shall not apply if the contractor or sub-contractor(s) is/are an agency, board, commission or university of the State of Arizona.

• SECTION 1-D: Uniform Terms and Conditions Version: 9 (7/1/2013) is replaced in its entirety with the Uniform Terms and Conditions Version 10.2, attached herein.

The effective date of this amendment is upon full execution by both parties. All other terms and conditions remain the same.

FOR AND ON BEHALF OF THE ARIZONA FOR AND ON BEHALF OF THE CONTRACTOR:

DEPARTMENT OF CHILD SAFETY:

Signature of Authorized Individual:

Signature of Authorized Individual:

Printed Name Printed Name

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