02-022 Senior Adults Legal Assistance..J /
j
AGREEMENT
This Agreement is made and entered into this 6th day of February, 2002, by and between
the CITY of Cupertino, a municipal corporation ("CITY") and Senior Adults Legal Assistance, a
nonprofit corporation ("CORPORATION").
WITNESSETH
WHEREAS, CITY has received Community Development Block Grant (hereinafter
"CDBG") funds through a Joint Powers Agreement with the County of Santa Clara, which is an
Urban County entitled to CDBG funds from the ilnited States Department of Housing and Urban
Development (hereinafter known as HUD).
WHEREAS, CITY has agreed to allocate a portion of its CDBG funds to CORPORATION
as a subrecipient for public service related activities within the CITY which shall primarily
benefit very low and low income households.
NOW, THEREFORE, the parties agree as fellows:
I. PROGRAM
CITY agrees to allocate to the CORPORATION a sum not to exceed $6,500.00 in funds
for the purpose of implementing the housing program ("Program") as more particularly described
in Exhibit "A" (Program Description), Exhibit "B" (Project Work Plan and Time Schedule), and
Exhibit "C" (Project Budget).
II. TERM
The term of this Agreement shall begin July 1, 2001 and shall terminate June 30, 2002, or
the date of the expenditure of the total grant amount provided for herein, or upon the termination
date established pursuant to Section V or Section VII.
III. OBLIGATIONS CAF CORPORATION
A. Organization of CORPORATION. CORPORATION shall:
1. Provide CITY with:
a. Its Articles of Incorporation under the laws of the State of California;
b. A copy of the current Bylaws of CORPORATION;
c. Documentation of its Internal Revem~e Service nonprofit status;
d. Names and addresses of the current Board of Directors of CORPORATION; and,
e. An adopted copy of CORPORATION'S personnel policies, procedures and
approved affirmative action plan.
2. Report any changes in CORPORATION'S Articles of Incorporation, Bylaws, Board of
Directors, personnel policies and procedures, affirmative action plan, or tax exempt
status immediately to Program Manager.
3. Maintain no member of its Board of Directors as a paid employee, agent or
subcontractor under this Agreement.
4. Open to the public all meetings of its Board of Directors, except meetings, or portions
thereof, dealing with personnel or litigation matters.
5. Keep minutes of all its regular and special meetings.
6. Comply with all provisions of California Nonprofit CORPORATION Law.
B. Program Performance by CORPORATION. CORPORATION shall:
1. Conduct the PROGRAM within the City of Cupertino for the purpose of benefiting very
low and low-income households.
2. File quarterly narrative reports with the CITY on the types and numbers of services
rendered to Cupertino beneficiaries through the operation of the project, which reports
shall evaluate the manner in which the project is achieving its goals. The reports shall
be due within ten (10) working days of the end of the calendar year and shall cover the
entire year immediately preceding the date on which the report is filed. Said reports
shall be made on forms approved by CITY.
3. Coordinate its services with other existing organizations providing similar services in
order to foster community cooperation and to avoid unnecessary duplication of
services.
4. Seek out and apply for other sources of revenue in support of its operation or services
from local, state, federal and private sources and, in the event of such an award, inform
CITY within ten days.
5. Notify CITY within ten (10) days of the receipt of any local, state, federal, or private
sources of revenue for use in support of this operation or service.
6. Include an acknowledgment of CITY funding and support where appropriate.
C. Fiscal Responsibilities of CORPORATION. CORPORATION shall:
1. Appoint and submit the name of a fiscal agent who shall be responsible for the financial
and accounting activities of CORPORATION, including the receipt and disbursement
of CORPORATION funds. The CITY shall immediately be notified in writing of the
appointment of a new fiscal agent and treat agent's name.
2. Establish and maintain an accounting; system that shall be in conformance with
generally accepted principles of accounring. The accounting system shall be subject to
review and approval of CITY.
3. Document all Program costs by maint;~ining records in accordance with Section III,
Paragraph D below.
4. Submit on a quarterly basis, within ten (10) working days of the end of the quarter, a
payment request containing a summ:~ry statement of proposed expenditures and
revenue for the quarter immediately following the date on which the report is filed and
cumulative totals from the effective date of this agreement. In addition, the amount of
actual expenditures shall be reported to CITY within ten (10) working days of the end
of each quarter. Said reports shall be made on forms approved by CITY.
5. Submit to the CITY'S Finance Director- an annual audit performed by an independent
auditor.
6. Certify insurability subject to CITY approval as outlines in Exhibit "E" (Insurance).
7. If applicable, submit an indirect cost plan to CITY for approval.
8. Items 1 through 7 are express conditions precedent to any CITY funding and failure to
comply with these conditions will, at discretion of CITY, result in suspension of
funding or termination of this Agreement.
9. CORPORATION is liable for repayment of all disallowed costs. Disallowed costs may
be identified through audits, monitoring or other sources. CORPORATION shall be
required to respond to any adverse findings that may lead to disallowed costs. The
CITY shall make the final determination of disallowed costs, subject to provisions of
OMB Circular A-122, "Cost Principles for Non-Profit Organizations."
D. Establishment and Maintenance of Records. CORPORATION shall maintain complete and
accurate records of all its transactions including, but not limited to, contracts, invoices, time
cards, cash receipts, vouchers, canceled checks, bank statements, client statistical records,
personnel, property and all other pertinent records sufficient to reflect properly (1) all direct
and indirect costs of whatever nature claimed to have been incurred or anticipated to be
incurred to perform this Agreement or to operate the Program, and (2) all other matters
covered by this Agreement.
E. Preservation of Records. CORPORATION shall preserve and make available its records:
1. Until the expiration of three years from the date of final payment to CORPORATION
under this Agreement; or
2. For such longer period, if any, as is required by applicable law; or,
3. If this Agreement is completely or partially terminated, the records relating to the work
terminated shall be preserved and made available for a period of three years from the
date of termination.
F. Examination of Records; Facilities. At any time during normal business hours, and as often
as may be deemed necessary, CORPORATION agrees that the CITY'S authorized
representative(s) may until expiration of (1) three years after final payment under this
Agreement, (2) three years from the date of termination of this agreement, or (3) such longer
period as may be described by applicable law, have access to and the right to examine its
plants, offices and facilities used in the performance of this Agreement or the operation of
the Program, and all its records with respect to the Program and all matters covered by this
Agreement. CORPORATION also agrees that the CITY'S authorized representative(s) shall
have the right to audit, examine, and make excerpts or transactions of and from, such
records and to make audits of all contracts and subcontracts, invoices, payrolls, records of
personnel, conditions of employment, material and all other data relating to the Program and
matters covered by this Agreement. CORPORATION will be notified in advance that an
audit will be conducted. CORPORATION will be required to respond to any audit findings,
and have the responses included in the final audit report. The cost of any such audit will be
borne by CITY.
G. Compliance with Law. CORPORATION shall become familiar and comply with and cause
all its subcontractors and employees, if any, to become familiar and comply with all
applicable federal, state and local laws, ordinances, codes, regulations and decrees
including, but not limited to, those federal rules and regulations, executive orders and
statutes identified in Exhibit "F" (Assurances). Specifically, CORPORATION shall comply
with the requirements and standards of OMB Circular No. A-122, "Cost Principles for Non-
Profit Organizations" and the following attachments to OMB Circular No. A-110:
1. Attachment A,: "Cash Depositories, "except for Paragraph 4 concerning deposit
insurance;
2. Attachment B, "Bonding and Insurance;"
3. Attachment C, "Retention and Custodial Requirements for Records;"
4. Attachment F, "Standards for Financial Management Systems;"
5. Attachment H, "Monitoring and Reporting Program Performance," paragraph 2;
6. Attachment N, "Property Management Standards," except for paragraph 3 concerning
the standards for real property; and
7. Attachment O, "Procurement Standards."
IV. OBLIGATIONS OF CITY
A. Method of Payment. During the term of this Agreement, CITY shall reimburse
CORPORATION for all allowable costs and expenses incurred in connection with the
Program, not to exceed the total sum of Six Thousand Five Hundred Dollars and No Cents
($5,000.00) except that the CITY may, afte;r the corrective action procedure is followed,
suspend or terminate payment to CORPORATION, in whole or in part, under this
Agreement or not to make any particul~~r payment under this Agreement based on
CORPORATION'S noncompliance, including, but not limited to, incomplete documentation
of expenses, failure to submit adequate progress reports as required herein or other incidents
of noncompliance as described in Section V, Paragraph B, of this Agreement or based on the
refusal of CORPORATION to accept any ;additional conditions that may be imposed by
HUD at any time, or based on the suspension or termination of the grant to CITY made
pursuant to the Housing and Community Development Act of 1974, as amended.
V. CONTRACT c~OMPLIANCE
A. Monitoring and Evaluation of Services. Evaluation and monitoring of the Program
performance shall be the mutual responsibility of both CITY and CORPORATION.
CORPORATION shall furnish all data, ;statements, records, information and reports
necessary for Program Manager to monitor, review and evaluate the performance of the
Program and its components. CITY shall have the right to request the services of an outside
agent to assist in any such evaluation. Such services shall be paid for by CITY.
B. Contract Noncompliance. Upon receipt by C[TY of any information that evidences a failure
by CORPORATION to comply with any provision of this Agreement, CITY shall have the
right to require corrective action to enforce compliance with such provision. Areas of
noncompliance include but are not limited to:
1. If CORPORATION (with or without knowledge) shall have made any material
misrepresentation of any nature with respect to any information or data furnished by
CITY in connection with the Program.
2. If there is pending litigation with respect to the performance by CORPORATION of
any of its duties or obligations under this Agreement which may materially jeopardize
or adversely affect the undertaking of or the carrying out of the Program.
3. If CORPORATION shall have taken any action pertaining to the Program which
requires CITY approval without having ~~btained such approval.
4. If CORPORATION is in default under any provision of this Agreement.
5. If CORPORATION makes improper use of CITY funds.
6. If CORPORATION submits to CITY any report which is incorrect or incomplete in any
material respect.
C. Corrective Action Procedure. CITY upon occurrence or discovery of noncompliance by
CORPORATION under this Agreement, shall give CORPORATION notice of CITY'S
intention to demand corrective action to enforce compliance. Such notice shall indicate the
nature of the noncompliance and the procedure whereby CORPORATION shall have the
opportunity to participate in formulating any corrective action recommendation. CITY shall
have the right to require the CORPORATION President and/or Executive Director to appear
at a hearing or meeting called for the purpose of corrective action. Thereafter, CITY shall
forward to CORPORATION specific corrective action recommendations and a detailed
timetable for implementing these recommendations; such timetable shall allow
CORPORATION not less than ten (10) nor more than thirty (30) days to comply. Following
implementation of the corrective actions, CORPORATION shall forward to CITY, within
the time specified by CITY, any documentary evidence required by CITY to verify that the
corrective actions have been taken.
In the event that CORPORATION does not implement the corrective action
recommendations in accordance with the corrective action timetable, CITY may suspend
payments hereunder or terminate this Agreement.
D. Termination for Cause. Notwithstanding anything to the contrary contained in the foregoing,
CITY may terminate this Agreement by written notice to CORPORATION, if any of the
events of noncompliance listed in Section V, Paragraph B, occur or are discovered, if
CORPORATION does not implement any recommended corrective action, if
CORPORATION is in bankruptcy or receivership, if a member of the CORPORATION'S
Board of Directors, the Executive Director or other administrative staff person is the subject
of investigation for wrongdoing, or if there is reliable evidence that CORPORATION is
unable to operate the Program. Termination under this section shall be effective on the date
notice of termination is received or such later date as may be specified in the notice.
VI. PROGRAM COORDINATION
A. CITY: The Housing and Services Planner, or his/her designee, shall be the Program
Manager for the CITY and shall monitor progress and performance of this Agreement for
CITY. The Program Manager shall be responsible for all services agreed to be performed by
CITY.
B. CORPORATION: A single Program Director who shall have overall responsibility for the
progress and execution of this Agreement shall be assigned. Should circumstances or
conditions subsequent to the execution of this Agreement require a substitute or replacement
Program Director, CORPORATION shall immediately notify CITY of such occurrence.
Program Director and CORPORATION staff will cooperate fully with CITY in fulfillment
of this Agreement.
C. Correspondence: All correspondence and notices required by this Agreement shall be sent to
the parties at the following address:
CITY: Planner IUHousing Services, Community Development Department, City of
Cupertino,10300 Torre Avenue, Cupertino, CA 95014
CORPORATION: Executive Director, 160 1=;ast Virginia Street, Suite 260, San Jose, CA
95112
All notices shall either be hand delivered or sent by United States mail, registered or
certified, postage prepaid. Notices given in such a manner shall be deemed received when hand
delivered or seventy-two (72) hours after deposit in the United States mail. Any party may
change his or her address for the purpose of this :section by giving five (5) days written notice of
such change to the other party in the manner provided in this section.
VII. TERMi[NATION
A. In addition to CITY'S right to terminate for cause set forth in Section V, either CITY or
CORPORATION may suspend or terminate this Agreement for any reason by giving thirty
(30) days prior written notice to the other party. Upon receipt of such notice, performance of
the services hereunder will be immediately discontinued.
B. Upon termination, either under this Section ~'II or Section V, CORPORATION shall:
1. be paid for all documented services a~~tually rendered to CITY to the date of such
termination; provided, however, CITY shall be obligated to compensate
CORPORATION only for that portion of CORPORATION'S services which are
allowable costs and expenses as determi:~ed by an audit or other monitoring device;
2. turn over to CITY immediately any and all copies of studies, reports and other data,
whether or not completed, prepared by CORPORATION or its subcontractors, if any,
in connection with this Agreement. ,~11 documents from applicants or regarding
applicants shall be treated confidentially. Such materials shall become property of
CITY. CORPORATION, however, shall not be liable to CITY'S use of incomplete
materials or for CITY'S use of completed documents if used for other than services
contemplated by this Agreement; and
3. transfer to the CITY any CDBG funds on hand and any accounts receivable attributable
to the use of CDBG funds. All assets acquired with CDBG funds shall be returned to
the CITY.
C. Upon termination of this Agreement, CORPORATION shall immediately provide CITY
access to all documents, records, payroll, minutes of meetings, correspondence and all other
data pertaining to the CITY funds granted to CORPORATION pursuant to this Agreement.
VIII. PURCHASING REAL OR PERSONAL PROPERTY
A. Title to Personal Property. Title to any personal property used in connection with the project
shall vest as follows:
1. Personal property donated or purchased with other than CITY funds shall become the
property of CORPORATION or person specified by the donor or funding source;
otherwise the same shall become the property of CITY except for property and
equipment as described in 2.
2. Personal property and equipment permanently affixed to building owned by
CORPORATION shall become the property of CORPORATION.
3. All other personal property, supplies and equipment purchased pursuant to this
Agreement and not consumed shall become property of CITY.
B. Non expendable Property. Non-expendable property purchased by CORPORATION with
funds provided by CITY, with a purchase price in excess of One Hundred Dollars ($100),
must be approved in advance in writing by CITY. CITY shall retain title to said property. If
a Program will be continued beyond termination of this Agreement, CITY at its option, may
revert title to CORPORATION.
C. Purchase of Real Property. None of the funds provided under this Agreement shall be used
for the purchase of real property, unless CITY approves such purchase in writing containing
any conditions the CITY deems appropriate prior to the time CORPORATION finalizes
such purchase. Approval of any such contract or an option to purchase shall be processed
through the Program Manager.
D. Security Document. As a condition precedent to CITY releasing funds for the purchase of
real property or an option to purchase real property, CORPORATION shall prepare and
execute a promissory note, deed of trust or other Agreement restricting the use of said real
property for purposes consistent with this Agreement, HUD and CDBG requirements.
IX. PROGRAM INCOME
Income generated by the Program shall be retained by CORPORATION. Such income
shall be used to reduce the monthly request for funds under this Agreement and for the same
purposes and activities described in Exhibit A. All provisions of this Agreement shall apply to
the use of Program income for such activities.
X. INDEPENDENT CONTRACTOR
This is an Agreement by and between independent contractors and is not intended and
shall not be construed to create the relationship of agent, servant, employee, partnership, joint
venture or association between CORPORATION and CITY. CORPORATION, including its
officers, employees, agents or subcontractors, shall not have any claim under this Agreement or
otherwise against CITY for any Social Security, Worker's Compensation, or employee benefits
extended to employees of CITY.
XI. ASSIGI\fABILITY
A. This Agreement may not be assumed nor assigned to another corporation, person,
partnership or any other entity without the prior written approval of CITY.
B. None of the work or services to be performed hereunder shall be assigned, delegated or
subcontracted to third parties without the prier written approval of CITY. Copies of all third
party contracts shall be submitted to CITY at least thirty (30) days prior to the proposed
effective date. In the event CITY approves a.ny such assignment, delegation or subcontract,
the subcontractors, assignees or delegates shall be deemed to be employees of
CORPORATION, and CORPORATION shall be responsible for their performance and any
liabilities attaching to their actions or omissicros.
XII. DISCLOSURE OF CONFIDEl`1TIAL CLIENT INFORMATION
CITY and CORPORATION agree to maintain the confidentiality of any information
regarding applicants for services offered by the Program pursuant to this Agreement or their
immediate families which may be obtained through application forms, questionnaires,
interviews, tests, reports from public agencies o~° counselors, or any other source. Without the
written permission of the applicant, such inforrrtation shall be divulged only as necessary for
purposes related to the performance or evaluation of the services and work to be provided
pursuant to this Agreement, and then only t~~ persons having responsibilities under this
Agreement, including those furnishing servi~~es under the Program through approved
subcontracts.
XIII. HOLD F[ARMLESS
CORPORATION shall indemnify and hold CITY, its officers, employees and elected
officials, boards and commissions, harmless with respect to any damages, including attorney's
fees and court costs, arising from:
A. the failure of the Program to comply with ~ipplicable laws, ordinances, codes, regulations
and decrees; or,
B. any negligence or omission arising out of any work or services provided by
CORPORATION, its officers, employees, agents or subcontractors under the Program or
this Agreement.
XIV. WAIVER OF RIGI=ITS AND REMEDIES
In no event shall any payment by CITY constitute or be construed to be a waiver by
CITY of any breach of the covenants or conditions of this agreement or any default which may
then exist on the part of CORPORATION, and the making of any such payment while any such
breach or default shall exist shall in no way impair or prejudice any right or remedy available to
CITY with respect to such breach or default. In rio event shall payment to CORPORATION by
CITY in any way constitute a waiver by CITY of its rights to recover from CORPORATION the
amount of money paid to CORPORATION on any item which is not eligible for payment under
the Program or this Agreement.
XV. NONDISCRIMINATION
In connection with the performance of this Agreement, CORPORATION assures that no
person shall be subject to discrimination because of sex, race, religion, ethnic background, sexual
preference, age, handicapped status or union activity.
XVI. AMENDMENTS
Amendments to the terms or conditions of this Agreement shall be requested in writing
by the party desiring such amendment, and any such amendment shall be effective only upon the
mutual Agreement in writing of the parties hereto.
XVII. INTEGRATED DOCUMENT
This Agreement contains the entire Agreement between CITY and CORPORATION with
respect to the subject matter hereof. No written or oral Agreements with any officer, agent or
employee of CITY prior to execution of this Agreement shall affect or modify any of the terms
or obligations contained in any documents comprising this Agreement.
XVIII. MISCELLANEOUS
A. The captions of this Agreement are for convenience of reference only, and the words
contained therein shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Agreement.
B. All exhibits attached hereto and referred to in this Agreement are incorporated herein by this
reference as if set forth fully herein.
EXHIBIT A
General Information
Name of Applicant: Senior Adults Legal Assjstance (SALA) Program Year. 2001-2002
Contact Person: Georgia Bacil Tftle ;Directing A.ttomey Project Number (For Office Use Only)
Address: 160 E. Virginia Street #260 ciri: San Jose state: CA zip code: 95112
Telephone Number.
(408) 295-5991 Fax Number:
(408) 295-7401 E-mail Address:
gbacil@sala.org
Name or Project/Program: Legal Assistance to Cupertino Elders
t.ocation: Cupertino Senior Center, 21251 Stevens Creek Bled. Cupertino, CA 95014
Project Type: ^ Single Family ^ Homeownership [] New Construction ^ Mixed Use
^ Multifamil ^ Rental ^ Rehabilitation Public Service
Project Description
Please describe the project with as many details as possible. Include general information, such as the number of
unlis, number or c:u errmo reslaems rnai wm oe serves, :>ervlces tnat wnl ~e rovloea, etc.
SALA is a non-profit law oif-rce that provides free legal services to Santa Clara County residents age 60 or older, with
an emphasis upon those who are low income or in social need. SALA's staff of 5 attorneys have expertise in problems
common to our target population. SALA's attorney staff is augmented by 10 volunteer intake workers who assist with
client interviews at senior centers and by 15 pro bono attorneys who provide Simple Wills through SALA's No Fee Wills
Panel. Legal services (in the form of advice/refen:als, consultations, representation, and community education) are
provided in the following areas: Public Benefits (Social Secwity, SSI, Medicare, Medi-Cal, In Home Supportive
Services); Elder Abuse; Nursing Homes; Advance Health Ca~•e Directives; Consumer; Housing; and Simple Wills.
SALA has served Cupertino seniors since 1979. From 1997-98 through 2000-2001, support from Cupertino's CDBG
program enabled SALA to increase our number of half-hour ~ippointments at the Cupertino Senior Center from 4
monthly (the 1996-97 level) to 10 monthly (the 2000-2001 level). CDBG funds are requested for 2001-2002 to maintain
SALA's current expanded service levels at the Cupertino Senior Center. SALA also proposes to continue home visits to
Cupertino elders who are homebound or institutionalized. Clients with urgent legal problems will also be served on an
"emergency" basis by telephone. Cupertino elders who appear at SALA intake sites in other cities will also be served.
Prior to 1997-98, the waiting time for a SALA appointment at the Senior Center was 2 months or longer. As a result,
only 42% of the Cupertino clients served by SALA from Jamrary to June 1997 were seen at the Cupertino Center, 16%
were served by telephone, and the remainder (42%) had to travel to a SALA intake site in another city. The continued
expansion of SALA's services for 2001-2002 will enable more Cupertino elders to be served locally instead of being
forced to seek services at other SALA sites or forgoing services altogether because of transportation barriers to these sites.
The long waiting time for a SALA appointment at the Cupertino Center will also be reduced. Since the initial service
expansion in July 1997, approximately 75% of the Cuperiinc elders served were seen at the Cupertino Center.
As detailed in the Project Work Plan, SALA will provide direct legal assistance to 50 Cupertino clients in 2001-2002.
This goal includes all elders served through SALA's Cupertino project and not just those assisted through the service
expansion at the Senior Center. SALA also proposes to conduct 1 community education presentation in Cupertino.
There is no other funding to support the proposed expansion at the Cupertino Center. If less than $6,500 in CDBG is
received, appointments at the Cupertino Center will be reduced proportionally. If $5,000 is received, SALA will provide
our 1999-2000 service levels (96 appointmentsl40 clients served). )f less than $5,000 is received, it may not be feasible
for SALA to provide a second monthly intake session at the ~~upertino Center. if no CDBG funding is received, SALA's
services at the Cupertino Senior Center will be reduced to bi •monthly appointment sessions, at best, or could be
eliminated alto ether.
~~
EXHIE'-T B'
Project Work Plan
Fiscal Year 2001-2002
Agency Name: Senior Adults Legal Assistance Date Prepared: 02/22/01
Project Name: Legal Assistance to Cupertino Elders Project No. Santa Clara County HCD
For Delos use o~iy
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Leal Services• Legal Services:* Legal Services*:
.13 FTE Legal Worker (Directing Attorney, Provide direct legal services to 50 Cupertino clie Serve 14 elders in the First Quarter and 12 elders
Supervising Attorney, Staff Attorney, Staff by offering 24 intake days (consisting in Quarters 2 through 4.
Paralegal, Or Volunteer) UI J nau t;<~ui a(~~~uuiucti~ c~a~.,i~ a~ u,.,
Cupertino Senior Center, other intake sites,
by home visits or telephone intake.
Community Education: Community Education: Community Education:
.002 FTE Legal Worker (Directing Attorney, Make one community education presentation Make one presentation by June 30, 2002.
Supervising Attorney, Staff Attorney, Staff in Cupertino.
Paralegal, or Volunteer)
* NOTE: The proposed annual goal for 50 Cupertino clients served includes all elders served through SALA's Cupertino project and not just those assisted
through the service expansion at the Senior Center.
EXHIE''~' ~
Proposed Implementation Time Schedule
Fiscal Year 2001-2002
Agency Name: Senior Adults Legal Assistance Date:: 02/22/01
Project Name: Legal Assistance to Cupertino Elders Project #: Santa Clara County HCD
For Office Use Only
».....::.:::::;;;:r ~::.:r::.;>:: ~s:s•:i;:i::!'_:fl:i ~:::;>~:;:>:::::: Giiii:'<'Y'::~r::::::i:::: z;i"':"2"'~: `i:tii i ... ....:... :...:::i f ,. ":':. `:; ',i:ii 'i;i'~''`',.'~ ::':i:i: ::::: ....;..;;'::.: i::.'; :,j`. :[ 't it; E. :7:j;:j:: ..: ... %~>~i >:`:..: ....: •...'. `?`: ' `: ..,.....,.....:a:::;:t y~ '•.'.;:j;: }:}C..,-~~:.~+`'2:y:
Legal Services X X X X X X X X X X X X
(through twice
monthly appoint-
' ments at Cupertino
Senior Center, other
intake sites, home
visits of by phone)
Community X
Education
(to be completed by
June 30, 2002)
11
EXh~81T D
BUDGET
(For Cupertino CDBG funding. See Exhibit D-1 for total project budget)
Fiscal Year 2001-2002
Agency Name: Senior Adults Legal Assistance Date Prepared: 02/22/01
Project Name: Legal Assistance to Cupertino Elders Project #: Santa Clara County HCD
For Office Use Only
LINE ITEM JUL AUG SEPT OCT NOV DEC JAN FEB MAR AP,R. MAY JUN,
SALARIES
Personnel 477 498 433 498 477 455 498 433 455 477 497 432
Benefits 73 75 70 75 73 70 75 70 71 73 75 70
OFFICE EXPENSE
Rent
Phone/FAX
Printing
Travel
Utilities
PROJECT EXPENSES
Accounting Services
Auditing Fees
Insurance
Davis-Bacon Compliance
PROJECT CONSTRUCTION
Appraisal
Engineering Services
Architectural/Design
Acquisition
Site investigation
12
EXHIBIT D-1
Project Budget
Fiscal Yeat• 2001-2002
Applicant: Senior Adults Legal Assistance
Project Name: Legal Assistance to Cupertino Elders
LINE ITEM FISCAL YEAR 2001-2002
5ALARI~S
Personnel
$13,252
Benefits 1,714
OFFICE EXPENSE
Rent
2,593
Tele hone/FAX 420
Posta e 100
Printin 100
Su lies 380
Travel 68
Utilities 0
E ui ment Rental and Maintenance 168
Dues and Subscri tions 156
Other Publications and Law Libra 384
PROJECT EXPENSES
Accountin Services
176
Auditin Fees 220
Contract Services 80
Insurance 721
Conferences and Trainin 140
Davis Bacon Com liance 0
Miscellaneous 8
Other De reciation/Client Costs 210
PROJECT CONSTRUCTION
A raisal
0
En ineerin services 0
ArchitecturaUDesi n 0
Ac uisition 0
Site Investi ation 0
TOTAL $!0,890
:~ 3
~• ~ ~ ~~ ~ ~ ~ E%HIBIT B
c~~~lxRtcA~axs
In aeoordaace with the applicable statutes and the ~~egulatioas govtmiaa the consolidE~ted plan
regulations, the jurisdiction certifies that:
Afthrmatively Further Fair 8ou9tag--The jtuis~iietioa will affirmatively futth~er fair housing, which
means it will eoaduct an analysis of impediments to fair housing choice within the jurisdiction, talus
app9ropiinte actions to overcome the affects of say impediments Ideintified through that analysis, and
maintain s~ecorda reflecting that ar-alyaia and actior-s in this regard,
Anti-diaplacamcnt sad Relocation Blau - It arilli. comely witl- the acgttisttton and relocation
requirements. of the Uniform Relocation Assistance and Real Property Acquisition >aolieies Act of 1970,
as amended. and implementing regulations at 49 C:PR 24; .and it has is effect and is following s
residential antidisplacement drtdrelocation assistance plan required under section 104(4) of flap Housing
and eonuatmity Development Act of 1974. as am~n-ded, u- connection wiW any activity assisted with
flm~ding under thte CDBG m IiClME programs.
h7tng Free Workplace.. It wiU or will cantinas to provide a drug-flee workplace by:
1. Publi~ahing a statement notifying employees that tt-e unlawful maaufaMue, diatnbutioa,
dispensing, possession, or use of s control led su)k,•h~ace is prohibited is t~ !p'artae's workplace
and specifying tine actions that will be tahc~eo agairmst employees for viotation of arch prohibition;
2. Establishing an ongoingdrug-free awareness pmlgesaa to inform employees about -
(a) The dangers of drug atiusa is ttie ~workptaca;
(b) 'II-e graaiba's policy of maintait>ir-g a drug free worlgalacx•
(c) Any available drug eout-seling, rebabilitstion, sad employee assistlncce programs; and
(d) Ibe penalties that maybe imposed upon employees for drug abuse violations occurring
in the workplace;
3. Making it a require~neat Wet each en-ploys~e to be eagagod in t~ performar-cp of the gent be
given a copy of the atatemetat required by paragn-ph l;
4. Notifying the employee in the statement tequirecl by paragraph 1 that, as a condition of
employment under the grant, the employes will -
(a) Abide by the terms of the statement; and
(b) Notify the employer i-- writing of'his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five calendar days after Bch convietiot-; .
5• Noti#ying the agattey in wdth-g, within tea calendar days sitar t~eceivittg rustics under
subparagraph 4(b) from an employee or othelrovcte receiving actual notice of sash eorrvietion.
Employers of convicted employees must ~provid<; notice, including positlota title, to every grant
officer or other designee on whose grant nativity the convicted e-aployec was working, unless
the Federal agency has desigt-ated a central paint for the receipt of such notices. Notice shall
include the idenHfleation number(s) of each affEited grar-t;
6. Taking one of the following actions, withi~i 30 calendar days of receiving notice under
subparagraph 4(b), with respect to any ettcy~loyee who is so convictecl-
(a) Taking appropriate personnel action against such an employee, up Oo and ineludmg
termination, consistent with the requirements of the Rehabilitation A.ct of 1973, as
amended; or
(b) Requiring such employee to participate satisfactorily in a drag abuses assistance or
rehabilitation program approved for such vurposes by a Federal, State, or local health,
taw enforee:ment, or other appropriate agency;
7. Making a good faith effort to continue to maintain a drug free wor(q~lace through
implementation of parsgrapbc 1, 2, 3, 4, 5 and 6.
Anti-Lobbying » To the best of the jurisdiction's knowledge and belief
1. No Federal appropriated funds have been paid or wiU be paid, by or on behalf of it, to any person
for influencing or attempting to intluenee an offtccr or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employce of a Men-be:• of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the
malting of airy Federal loan, the entering into of any cooperativt agreement, and the extension,
continuation, renewal, amendment, or moditieatl~m of any Federal contract, giant, loan, or
cooperative agreement;
2. Zf any funds other than Federal appropciated funds bane bean paid or will bi, paid to anY ~~
for influencing or~atteugrting to inflwaiae an ofR~.cr yr erployee of nay agcy, a Member of~
Congreess, an officer or employee of Cotzgtes~, of an employee of a Membttf of Congress iu
cotmection with this Federal contract, grant, loan, or cooperative agretmertc, it wi11 complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying; in accordance with its
instructions; and .
It will require that the language of paragraph 1 quid 2 of this anti-lobbying c.~csbification be
included in the award docu=ncttts for all subawar3s at all tiers (i~tcluding subcontracts, subgrants,
and contracts under grans, loans, and cooperative agreeiments} and that all subrecipierts shall
certify and diseloaa axordingly.
Authority of Jnrlsdictibn » The consolidated plan is authorizai under State and local lavv (era applicable) and
the jurisdiction possesses she legal authority to carry out the programs for which it is seeking funding. in
accordance with applicable HUb regulations.
Consistency With plan -- The housing activities to be undertake! with CDBG, HOMiR, ESG, and HOPWA funds
are consistent with the strategic plan.
Section 3 -- It will comply with section 3 of the Housing and U~hen Development Act of t 968, and
implementing lions at 24 CFR Part 135.
~/~
June 27, 2001
Signature/Authorized Official Date
Title County Executive
APP$I`iblX TO CER'll'YFICATIOIYS
INSTR,UCTIOMS CONCERNING LOBBYD~TC ANb bRUG-FRET: WORKPLACI; RFQUIItEMENTS:
A. Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite
for malting or entering into this ttsnsaetioa imposed by section 1352, title 31, U.S. Code.
Any parson who fails to file the required certiftcatitm shall be subject to a civil penalty
of not. less than $10,000 and not more than $100,000 for each such failure.
B. l;hue-Free Worla~lace Certification
1! By signing and/or submitting this aF~plicati~m or grant agreement, the
grantee is providing the certification;.
2. The certification is a material representation of fact upon which reliance is
placed when the agency awards the gtartt. '(f it is later determined tht;t the
grantee knowingly rendered a false certification, or otherwise violates the
requirements of the Drug-Free Workplace .4ct, HUD, in addition to any other
remedies available to the Federal Cmvernment, may take action authorized under
the Drug-Free Workplace Act.
3. Workplaces under grants, for grantees other thart individuals, aced runt
be identified on the certification. If known, they may be identified ire the
grant application. If the grantee doe~a not identify the workplaces ~t the
time of application, or upon award, if there is no applicati~, the gtaiitee
must keep the identity of true warkpl'~ace(sj on file in its office and midce
the infortuatioti available for Federal inspection. Failure to iderttifjn :ill
known workplaces constitutes a violation of the gr'antee's drug-flee
workplace requirements.
4. Workplace identifications must include tbc: actual address of buildir~;s
(or parts of buildings) or other sites where work under the ~ramt takes
place. Categorical descriptions mal+ be us,:d (e.g., all vehicles of a it~ass
transit authority or State highway d~~artm~it while in operation, State
employees in each local unemployment office, performers in cancer:
hells or radiq~ stations).
S. If the workplace identified to the agency changes during the
performance of the grant, the grants;e shall inform the agency ofthe
changers), if it previously identified the workplaces in question (see
P~~ph three).
6. The grantee may insert in the space provided below the site(s) for the
perfortnanct of work done in connection with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
Check _ if there aie workplaces on f le that ate not identified here.
The certification with regard to the drug-free workplace is required by 24 CFR pert 24, subpart F.
~ 7. Definitions of terms m the Ncmprocuremad Suspension and nebarment
common ivle and Drug-Free Workplace crgaroon r+ilo apply to this
certification. Grantees' attention is called, in particular, to the follo~a~ing
defmitiona from these rules:
"Controlled substance" means a controlled substance in Schedules I through V of the
Controlled Substances Act (21 U.S.C. 8121 and as further definod by
regulation (21 CFR 1308.11 through 1308.15);
"Conviction" means a fording of guilt (including a pits of polo contenders) or
imposition of sentence, or both, by say jwScial body charged with the
responsibility to determine violations of the Federal or State crimittid
drug statutes;
"Criminal drug statute" meetts a Federal or non-Fedetsl criminal statute involving the
manufacture, diatnbution, dispensing. use, oc Possession of atry
controlled substannx;
"Employee" means tlu ernployce of a grantee dirtctly ea~sged in the loo of
work under a grant, including: (t~ All "duect charge" employees; (ii) all
"IndtrCCt charge" emplo~rces unless thatr ]ttlPaet Or Involvement t5
insignificant to the psrformateee of the greet; and (iii) temporary
personnel seed consultants who ate ditecdy engaged in the performfltux
of work undpc the grant and who are on the grantee's payroll. '17tis
definitior- does not include worleera not oa the payroll of the grantee
(e.g., volunteers, even if used to meet a tr~aiching rtquie~metet;
consultants or independent corrtraetora tint oar the grantee's Payroll; or
employees of subrecipitnts or subeontra•~tors in covered worldlaces).
1
DgCU~1lfM7' 2.-
i,
LOGaL covERNIVIENT GRAN'T'EE
EMERGENCY SHELTER ORAIIITS PROL3RATVl
C>;RTIFICATIONS 8Y THE CH'lEF t=_)CECUTIVE OFFICER
I' , Chi~'l:xecutive Offeer of
a C 1 r Count certify that the local goverameat will ensure the provision of the
matching supplesstental funds requited by the rzgruletirmt ~ Z~l CFR 57651. I have attached to this
certification a description of the sources and amouuh of stash snpi~ltmerttal funds.
I further certify that the local govemttiterit will comply with
(1) The requirements of 24 CFR 576.2 I i;ax4) 1-roviding that the fiutding of homeless
pt'<weittion activities fvc families than have received eviction notices err notices of
~~ termination of utility services will mcet the r~uitrrnents that; (A) the inability of the
• fauiiiy to make the required payments must be the result of a sudden redirr:tian its incotnt;
(B) the assisatnce must be necessary to ;lucid eridioei of the family err termination of the
services to the family: (C) there must be a reasonable prospect that the family will be able
bo reswne l~Ym~ within a reasonable; period of time; and (D) the assimmce must not
supplant funding for prtaxisting homeless prevention activities from any athrx sotutce.
(2) The requirements of 24 CFR 57653 corteertiinl; the continutd ruse of huildings for which
emergency shelter grants are used for refiabili~tion or evtn-trsion of buili'mgs for use as
emergency shelters for the homeless; or when funds sue used solely fior oln~rating costs or
essential services.
(3) - The building standards trequirement of Z4 CFR 576.55;
(4) The requirements of 24 CFR 576.56, concerning assistance to the homeless; oral
(5) The requiit:ments of 24 CFR 57657. other appr~~priate provisions of 24 CfR Part 576, and
other applicable Federal laws conceming nondiscrimloation anti equal opparttutity.
(6) 'The requirements of 24 CFR. 576.59(b) eonceraitng tlu Unifot~a Relocation Assistance and
Real Property Acquisition Policies Act oi; I970.
(7} The requirement of Z4 CFR 576.59 concerning minimizing the displacesnrnt of persons as
a rewlt of a project assisted with these funds,
(8) The requirements of 24 CFR Part 24 concerning the 17rtig Free Workplace Act of 1988_
(9) The requirements of 24 CFR 576.56(a) and S76.65(b) that grau-tees develop and implement
procedures to ensuro the confidentiality of records pertaining to any individual provided
family violence prevention or treatment .service:: under any project assisted with IrSG funds
and that the address oc location of any fa'iriily violence shelter project will trot be made
public., except with written authorization of the person or persons responsible for the
operation of such shelter.
(l0) The t'equireme. ~nt recipients involve, to the maximam ~.; ~ 'j practicable, homeless
individuals and'l,..ailies in policymaking, renovating„ maietaining,~aad operating facilities
assisted under the ESG program, and in providing; services for occupants of these facilities
as provided by 24 CFit ?6.Si:.
(11} 'The requirements of 24 CFR 576.57(e) are net dealing wide the provisions of, and
regulations and procedures applicable with respect to the eaviromnental review
responsibilities under the National Environme:ntal Policy Act of 1969 and related
authorities as specified in 24 CFIt Part S8.
I further certify that the submission of a cowpleted and approved Consolidated Pisa with its
certifications, which act es the application for an Emergency Shelter C3rant, is authorised uruier State andtor
local taw, end that the local govectiunaat possesses legal authority to carry out gnsnt activities in accocdanee
with the applicable laws and regulations of the Deparunent of Ho~~sing and Urban Development.
Name and 1"ttk
Signatua of Chief F,~ecutive cer
June 27, 2001
Date
County~Executive _
Title
Specific 1gOME Ciartitlca~tions
The HOME participating jurisdiction certifies that:
Tenant Based Rental Assistance -- if the participating j uri;-diction intends to provide tenant-based rental
assistance:
The use of HOMY funds for tenant-based rental assistance is an essential element of the participating
jurisdiction's consolidated plan for expanduzg the supply, affordability, and availability of
decent, safe, sanitary, and affordable housing.
Eligible Aetivftfts stad Costs - it is using and will use HO.B~ funds for eligs~le activities ar~d costa, as
descrlbcd in 24 CFR § 92..205 through 92.209 and that it is not using and will not use HOME funds for
prohibited activities, as described in § 92.214.
Appropriate p"inancial Assistance --before couunitting any fluids to a project, it will evalu,~te tl~e project in
accordance with the guidelines that it adopts for this purpase and will not invest any more HOME fluids
in combination with other Federal assistance than is necessary to provide affordable housing;
r June 27, 2001
ignaturelAutlwrized Offin Date
County.Executive
Title
Specit3c CDBG Ccraficaaons
The Entitlement Community certifies that:
Citizen Participation -- It is in full compliance and following a d~:tailed citizen participation plan that satisfies
the requirements of 24 Cl?R 91.145.
Community Development Plan -- Its consolidated housinJ; and community development plt:~n identities
community development and housing needs and spixifies both short-term and lrntg•trrm community
development objectives that provide decent housing;, expand economic opportunities primarily for
persons of low attd moderate income. (See CY:R 24 570.2 find CFit 24 part 578}
Follovring a Plan - It is following a content consolidated plan (or Comprehensive Housing Affordability
Strategy) that bas been approved by HL1D.
,~
s Use of Bnads - It has complied with the following eriterit~:
Maximum Feasible Priority. With respect to acti~ltiea expected Lo be assisted with CDBG funds,
it certifies that it has developed its Action lPlan so as to give maximum fessibk priority to
activities which benefit low and moderate iincome families or aid in,the prevention or elimination
of slums or blight. The Action Plan may also include activities which the gnnitee certifies ate
designed to meet other community develoFmieat needs having a particular urgency because
existing conditions pose a serious and imnt~ediate threat to the health or welfare of the
community, and other financial resources ere not available);
Overall Benefit. '1;'he aggrtgate use of CDBBG funds including section 108 guaranteed loans
during progpcam Year(s) 199 2801 /02 (a periaj specified by the grantee ~~nsisting.of one,
two, or three specific consecutive program years), shall principally benefit ~iersons of lour and
moderate income in a matuter that ensures that at least 70 percent of the arnotazt is expended for
activities that benefit such persons during ~du designated period;
3. Special Assessments. It will not attempt to recover any capital costs of public impmveme~s
assisted with CDBG funds including Section 1081oan guaranteed fiords by assessing any amount
against properties owned and occupied by persons of low and moderate iaoarne, including any
fee charged or assessment made as a condition of obtaining aocees to such public iitnptrovements.
However, if CDBG funds are used to pay the paopiution of a fee or assessment that relates to the capital
costs of public improvements (assisted in Dart with CDBG fiords) financed from prior revenue
sources, an asseastntnt or charge may be made against the property with re:,pect to the public
improvemrnts futanced by a source other 1:1x841 Cl)Btx funds.
'Ybe jurisdiction will not attempt to recover any capital casts of public improvements assisted with
CDBG funds, including Section 108, unless CDF~G ibnds are used to pay the proportion of fee or
assessment attributable to the capital coats of public improvements financed from other revenue
sources. In this case, an assessment or charge maybe made against the property with~respect to
the public improvements financed by a sa~uee other than CDBG !'itnds. Also, in the case of
properties owned and occupied by moderate-income (not low-income) familiesa, an assessment or
charge maybe made against the property ~l'or put•lic improvements financed by a source ether
than CDBG funds if the jurisdiction eertifiies that it lacks CDBG funds to cover the assessment.
Excessive Force -- It has adopted and is enforcing:
1. A policy prohibiting the use of excessive force by ]aw enforcement agencies withir- its
jurisdiction against any individuals engaged in non-vivleat civil rights demonstrations; and
2. A policy of rnforcing applicable State and local la ors against physically barring entrance to or
exit from a facility or location which is the sub}eet of such non-violent civil tights
demonshations within its jurisdiction;
Compliance Wft6 Anti-discrfimfatatlon laws--The grant will be conducted and administen:d in conformity
with title VI of the Civil Rights Act of 1964 (42 USC 200t1d), tha Fair Housing Act {42 USC 3601-3619),
and implementing regulations.
Lead-Based Paint --Its notification, inspection, tenting and abatement procedures eoncetnittg lead-based paitmt
will comply with the requirements of 24 CFIt §570.608;
Compliance with Paws -- It will comply with applicable laws.
W
June 27. 20D1
Signature/Authoriud Offici Y?ate
County Executive
Title
SUIL~NCES
E~TT F
CORPORATION hereby assures and certifies th<<t it will comply with all regulations, policies,
guidelines and requirements applicable to the acceptance and use of Federal funds for this
Federally-assisted program and will be responsible for implementing and complying with all
relevant future changes to Federal Regulations or OMB Circulars. Specifically CORPORATION
gives assurances and certifies with respect to the PROGRAM that it is in compliance with the
following Regulations as defined by.24 CFR, Part 570, Subpart J; 24 CFR, Part 570, Subpart K;
and will be conducted and administered in conformity with "Public Law 88.352 and Public Law
90-284.
1. 570.601. Public Law 88-352 and Public Law 90-284; affirmatively furthering fair
housing; Executive Order 11063, as amended by Executive Order 12259 addresses
discrimination. HUD regulations implementing Executive Order 11063 aze contained in
24 CFR, Part 107.
2. 570.602. Section 109 of the Act addresses discrimination.
3. 570.603. Labor Standazds.
4. 570.604. Environmental Standazds.
S. 570.605. National Flood Insurance Program.
6. 570.606. Relocation, Displacement and A~;,quisition.
7. 570.607. Employment and Contracting Opportunities.
8. 570.608. Lead-Based Paint.
9. 570.609. Use of Debarred, Suspended, or l[neligible Contractors or Subrecipients.
10. 570.610. Uniform Administrative Requirement and Cost Principles. The COUNTY, its
Subrecipients, agencies or instrumentalitie", shall comply with the policies, guidelines,
and requirements of 24 CFR Part 85 (Common Rule), and OMB Circulazs A-110 (Grants
and Agreements with Non-Profit Organizations), A-122 (Cost Principles for Non-
Profits), A-128 (Audits of State and Loca] Governments-implemented at 24 CFR, Part
24), and A-133 (Audits of Institutions of F[igher Education and Other Non-Profit
Institutions), as applicable, as they relate to the acceptance and use of Federal funds .
under this part. The applicable sections of 24 CFR, Part 85 and OMB Circulaz A-100 are
set forth at 570.502.
EXHIBIT F-ASSURANCES 1 REVISED 11/1a~00
B-2 (HCD-O)
EXHIBIT G
INSURANCE REO~UIREMENTS FOR
NON-CONSTRUCTION /NON-PROFES~~IONAL CONTRACTS ABOVE $100 000
Indemni
The Contractor shall indemnify, defend, and hold harmless the County of Santa Claza (hereinafter
"County"), its officers, agents and employees from any claim, liability, loss, injury or damage
arising out of, or in connection with, performance ~~f this Agreement by Contractor and/or its agents,
employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence
or willful misconduct of personnel employed by the County. It is the intent of the parties to this
Agreement to provide the broadest possible coverage for the County. The Contractor shall
reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to
any litigation in which the Contractor is obligated to indemnify, defend and hold harmless the
County under this Agreement.
Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and
maintain at its own expense, during the term of this Agreement, or as may be further required
herein, the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Agreeme~it, the Contractor shall provide a Certificate of
Insurance certifying that coverage as required herein has been obtained. The County's
Special Endorsement form shall accompany the certificate. Individual endorsements
executed by the insurance carrier may be substituted for the County's Special Endorsement
form if they provide the coverage as required. In addition, a certified copy of the policy or
policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the requesting County department, unless
otherwise directed. The Contractor shall not receive a Notice to Proceed with the work
under the Agreement until it has obtained al.l insurance required and such insurance has been
approved by the County. This approval oi' insurance shall neither relieve nor decrease the
liability of the Contractor.'
B. Qualifying Insurers
All coverages, except surety,. shall be issued by companies which hold a current policy
holder's alphabetic and financial size category rating of not less than A V, according to the
current Best's Key Rating Guide or a company of equal. financial stability that is approved
by the County's Insurance/Risk Manager.
B-2 (HCD-O)
EXHIBIT G
C. Insurance Re,~uired
1. Commercial General Liability Insurance -for bodily injury (including death) and
property damage which provides limits as follows:
a. Each occurrence - $1,000,000
b. General aggregate - $2,000,000
~ c. Products/Completed Operations aggregate - $2,000,000
d. Personal Injury - $1 000 000
A minimum of 50% of each of the aggregate limits must remain available at all
times unless coverage is project specific.
~. General liabili coverage shall include•
a. Premises and Operations
b. Products/Completed
c• Contractual liability, expressly including liability assumed under this
Agreement.
d. Personal Injury liability
e. Owners' and Contractors' Protective liability
f. Severability of interest
3. General liability coverage shall include the following endorsements co ies of
which shall be provided to the County
a. Additional Insured Endorsement:
Insurance afforded by this policy shall also apply to the County of Santa
Claza, and members of the Board of Supervisors of the County of Santa
Clara, and the officers, agents, and employees of the County of Santa Claza,
individually and collectively, as additional insureds. Such insurance shall
also apply to any municipality in which the work occurs and they shall be
named on the policy as additional insured (if applicable). '
2
B-2 (HCD-O)
b. Primazy Insurance Endorsement:
EXHIBIT G
Insurance afforded by the additional insured endorsement shall apply as
primazy insurance, and otl;~er insurance maintained by the County of Santa
Claza, its officers, agents, and employees shall be excess only and not
contributing with insurance, provided under this policy.
c. Notice of Cancellation or Change of Coverage Endorsement:
Insurance afforded by this policy shall not be canceled or changed so as to
no longer meet the specified County insurance requirements without 30
days' prior written notice of such cancellation or change being delivered to
the County of Santa.
d. Contractual Liability Endorsement:
Insurance afforded by this policy shall apply to liability assumed by the
insured under written contract with the County of Santa Clara.
4. Automobile Liability Insurance
For bodily injury (including death) and property damage which provides total limits
of not less than one million do~llazs ($1,000,000) combined single limit per
occurrence applicable to all owned, non-owned and hired vehicles.
5. Workers' Compensation and Employer's Liability Insurance
a. Statutory California Worke~~s' Compensation coverage including broad form
all-states coverage.
b. Employer's Liability coverage for not less than one million dollars
($1,000,000) per occurrencc;.
c. Coverage under the United States Longshoremen's and Harbor Workers'
Act shall be provided when applicable.
D. Special Provisions
The following provisions shall apply to thi;c Agreement:
1. The foregoing requirements as to the types and limits of insurance coverage to be
maintained by the Contractor and any approval of said insurance by the County or
its insurance consultant(s) aze not intended to and shall not in any manner limit or
qualify the liabilities and obligations otherwise assumed by the Contractor pursuant
B-2 (HCD-O)
EXI3IBIT G
to this Agreement, including but not limited to the provisions concerning
indemnification.
2. The County acknowledges that some insurance requirements contained in this
Agreement may be fulfilled by self-insurance on the part of the Contractor.
However, this shall not in any way limit liabilities assumed by the Contractor under
this Agreement. Any self-insurance shall be approved in writing by the County
upon satisfactory evidence of financial capacity. Contractors obligation hereunder
may be satisfied in whole or in part by adequately funded self-insurance programs
or self-insurance retentions.
3. ~ Should any of the work under this Agreement be sublet, the Contractor shall require
each of its subcontractors of any tier to carry the aforementioned coverages, or
Contractor may insure subcontractors under its own policies.
4. The County reserves the right to withhold payments to the Contractor in the event
of material noncompliance with the insurance requirements outlined above.
B-2 (HCD-O)
Revised 12/11/00 -all owned auto
b
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