00-062 Comm. Dev. Block Grant~Y ZC~=~-o~ ~d-ta~~ ~ ~~z.l ~lu~
AGREEMENT
This Agreement is made and entered into this 5 day of May, 2000, by and between
the CITY of Cupertino, a municipal corporation ("CITY") and Cupertino Community
Services, 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 United 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 follows:
I. PROGRAM
CITY agrees to allocate to the CORPORATION a sum not to exceed $25,000.00 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, 2000 and shall terminate June 30,
2001, or the date of the expenditure of the tot~il grant amount provided for herein, or upon
the termination date established pursuant to Section V or Section VII.
III. OBLIGATIONS C-F CORPORATION
A. Organization of CORPORATION. CORPORATION shall:
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 Revenue Service nonprofit status;
d. Names and addresses of the current Board of Directors of CORPORATION;
and,
An adopted copy of CORPORA.TION'S personnel policies, procedures and
approved affirmative action plan.
H:\-CDBG\agreements (CCS, SALA).doc
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 ~~f Directors as a paid employee, agent or
subcontractor under this Agreement.
4. Open to the public all meetings of :.ts Board of Directors, except meetings, or
portions thereof, dealing with personnel or litigation matters.
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 m~inner 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 en~:ire year immediately preceding the date on
which the report is filed. Said reports shall be made on forms approved by CITY.
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:
Appoint and submit the name of a fiscal agent who shall be responsible for the
financ}al and accounting activities of CORPORATION, including the receipt and
disbursement of CORPORATION fu~ids. The CITY shall immediately be notified
in writing of the appointment of a new fiscal agent and that agent's name.
2. Establish and maintain an accounting; system that shall be in conformance with
generally accepted principles of ac~~ounting. The accounting system shall be
subject to review and approval of CITY.
Page 2 of 10
3. Document all Program costs by maintaining records in accordance with Section
III, Paragraph D below.
4. Submit on a quarterly basis, withir.~ ten (10) working days of the end of the
quarter, a payment request containing a summary statement of proposed
expenditures and revenue for the quarter immediately following the date on which
the report is filed and cumulative tot~ils from the effective date of this agreement.
In addition, the amount of actual ex~~enditures 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 CI'CY approval as outlines in Exhibit "E"
(Insurance).
7. If applicable, submit an indirect cost flan 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 which 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 1i:ecords. 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 p;irtially 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.
Page 3 of 10
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 ar~d 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) ~~hall 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 req~.~ired 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:
Attachment A,: "Cash Depositories, "except for Paragraph 4 concerning deposit
insurance;
2. Attachment B, "Bonding and Insurance;"
Attachment C, "Retention and Custodial Requirements for Records;"
4. Attachment F, "Standards for Financi~il Management Systems;"
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. OBLIGATIC)NS OF CITY
A. Method of Payment. During the term ~~f 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 Twenty Five Thousand Dollars and No Cents
($25,000.00) except that the CITY ma}~, after the corrective action procedure is
followed, suspend or terminate payment to CORPORATION, in whole or in part,
under this Agreement or not to make an.y particular payment under this Agreement
Page 4 of 10
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 (COMPLIANCE
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 bar CITY 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 includf; but are not limited to:
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 resf~ect 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.
If CORPORATION shall have taken any action pertaining to the Program which
requires CITY approval without having obtained such approval.
4. If CORPORATION is in default under any provision of this Agreement.
5. If CORPORATION makes improper rise 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 particip:~te in formulating any corrective action
recommendation. CITY shall have the right to require the CORPORATION President
and/or Executive Director to appear at a 1-~earing 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
Page 5 of 10
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 tl-~e 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 bankniptcy 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 Planne~~, 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 l,~e 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 executio~i 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 II/Housing Services, Community Development Department, City of
Cupertino,10300 Torre Avenue, Cu~~ertino, CA 95014
CORPORATION: Executive Director, 10185 North Stelling Road, Cupertino, CA
95014
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.
Page 6 of 10
VII. TER.M:[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 VII or Section V, CORPORATION shall:
be paid for all documented services actually rendered to CITY to the date of such
termination; provided, however, (:ITY shall be obligated to compensate
CORPORATION only for that portion of CORPOR.ATION'S services which are
allowable costs and expenses as determined 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. All 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
transfer to the CITY any CDBG fiends on hand and any accounts receivable
attributable to the use of CDBG fwids. 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, p:~yroll, 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 t~ecome 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
Page 7 of 10
($100), must be approved in advance in writing by CITY. CITY shall retain title to
said property. If a Program will be contir-ued 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 tnzst or other Agreement restricting the use of
said real property for purposes consiste~it with this Agreement, HUD and CDBG
requirements.
IX. PROGRAlv1 INCOME
Income generated by the Program shall be retained by CORPORATION. Such income
shall be used to reduce the monthly request i-or 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 indf;pendent 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. ASSIGNABILITY
A. This Agreement may not be assumed nc-r 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 prior 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 CIT~~ approves any 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 omissions.
XII. DISCLOSURE OF CONFIDEI`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 or counselors, or any other source. Without
Page 8 cif 10
the written permission of the applicant, su~~h information 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 to persons having responsibilities
under this Agreement, including those furnishing services under the Program through
approved subcontracts.
XIII. HOLD HARMLESS
CORPORATION shall indemnify and ho:~d 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 applicable laws, ordinances, codes,
regulations and decrees; or,
B. any negligence or omission arising oiit of any work or services provided by
CORPORATION, its officers, employees, agents or subcontractors under the Program
or this Agreement.
XIV. WAIVER OF RIGHTS AND REMEDIES
In no event shall any payment by CITY ~;onstitute 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 CORPORATIOI\f, 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 no event shall payment
to CORPORATION by CITY in any way constitute a waiver by CITY of its nghts to
recover from CORPORATION the amount of money paid to CORPORATION on any
item which is not eligible for payment under tl~e 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. AMErfDMENTS
Amendments to the terms or condition, 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.
Page 9 of 10
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.
This AGREEMENT, consisting of ten (10) pages, contains the entire agreement
between CITY and CORPORATION respecting the allocation of CDBG funds for the
provision of housing services.
CORPORATION has executed this Agreement in triplicate on this day of May,
2000.
By: ~.~.~
~> °~v c~EXECUTIVE DIRE TOR
B
PRESIDENT
Board of Directors
CITY has executed this Agreement in triplicate on th~~
By:
Attested By: ~~ !'}i,2~-P~4.~G/~~~''7%~l/~.
Approveci as to
Page 10 of 10
17 Slav of Mav ~nnn
PROJECT PROPOS~4L COVER PAGE
General Information
Name of Applicant Program Year
CUPERTINO COMMUNITY SERVICES, INC. 2000-2001
Contact Person Title Project Number (For Office Use Only)
MARY ELLEN CHELL EXECUTIVE DIRECTOR
Address City State Zip Code
10185 N. STEELING ROAD CUPERTINO CA 95014
Telephone Number F~3x Number
408 255-8033 408 366-6090
Name of Project/Program
CUPERTINO COMMUNITY SERVICES, INC. ROTATING SHELTER PROGRAM
Location
10185 N. STEELING ROAD, CUPERTINO /VARIOUS RELIGIOUS CONGREGATIONS
Project Type
Single Family Homeownership New Construction Mixed Use
Multifamily Rental Reliab x Public Service
Project Description
Please describe the project with as many details as possible. Include general information, such as the
number of units, number of Cupertino residents that will be served, services that will be provioeo, etc.
Cupertino Community Services, Inc. (CCS), in collaboration with the Faith in Action Group, began
operation of the Rotating Shelter Program in August, 1991. Established as a transitional housing
program, the Shelter Program provides shelter, meals and a wide variety of services to Shelter guests.
As the name implies, the Shelter rotates between host congregations on a monthly basis. The hosts and
additional participating congregations and community groups bring hot meals to the Shelter very night.
Breakfast and lunch supplies are also provided. The cloal of the Shelter Program is to assist homeless
individuals achieve and maintain gainful employment tend permanent housing. The Shelter Program can
accommodate as many as 15 guests per night for an ~~nnual total of approximately 60-65 guests each
year.
Each applicant applying to become a Shelter guest is carefully screened. The two mandatory
qualifications for acceptance into the Shelter are: 1) Tlie applicant must be alcohol and drug-free; and 2)
the applicant must be ready and willing to seek, find and keep full-time, gainful employment, set aside
funds for move-in costs, and secure permanent housing. All applicants are considered to be very low
income. They are referred to CCS from agencies such as Sunnyvale Community Services, United Way,
Salvation Army, Veteran's Administration, other shelter programs, word-of-mouth, and the Shelter hotline.
To improve each guest's chances of obtaining employment and permanent housing, a private voice mail-
box is assigned to each person entering the Shelter P~ogram. They can receive mail addressed to them
at the CCS office. Medical and dental services are available to guests from local professionals at
discounted rates or free of charge. The Northwest YMCA offers free membership to each program
participant. This privilege allows guests the opportunity to shower, work out and relax. A program
Manager develops a transitional housing plan for eachi of the Shelter Program guests. Guests meet
weekly with the Case Manager on an individual basis to discuss their progress. A house meeting is held
weekly to discuss at the group level any issues that nE;ed to be resolved.
EXHIBIT B
Project Work Plan
Fiscal Year 2000-2001
Applicant: CUPERTINO COMMUNITY SERVICES, INC.
Project Name: ROTATING SHELTER PROGRAM
Responsible staff persons and % of time
allocated to the activity Activity for each quarter Milestones for the quarter
Executive Director - 11 % Administration; grant oversight. Contract compliance and program success.
Program Manager - 100% Supervises overnight supervisors. Guests are either looking for work or are
Develops resources within community. working and saving money. Individual
Screens potential guests, negotiates goals and needs are being met.
individual plans, information and referrals
as necessary, provides other supportive
services as necessary, monitors individual
guests progress.
Overnight Supervisors - 100% Oversees nightly procedures of the Shelter, Maintain awell-run operation and a clean
including sign-ins, set-up for dinner and and safe environment for guests.
sleeping areas, inventory of supplies,
~. maintenance of clean and safe
environment.
Office Manager - 16% Administrative support. Prepares quarterly reports.
EXHIBIT C
PROPOSED ACTIVITY TIME SCHEDULE
Agency Name: CUPERTINO COMMUNITY SERVICES, INC.
Project Name: ~ ROTATING SHELTER PROGRAM
Executive Director: MARY ELLEN CHELL
Project Manager: IRMA ANDERSON
Date Prepared: February 7, 2000
Activity JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
Screen and interview applicants X X X X X X X X X X X X
Maintain daily Shelter operations X X X X X X X X X X X X
Monitor Progress of guests X X X X X X X X X X X X
Coordinate with volunteer churches X X X X X X X X X X X X
Develop job leads for guests X X X X X X X X X X X X
Develop housing alternatives X X X X X X X X X X X X
Follow up monitoring of former guests X X X X X X X X X X X X
Evaluate Program and modify X X X X X X X X X X X X
Can this workload be incorporated into the on-going workload of the applicant and successfully be implemented according to this sched~ile?
Schedule approved by: MARY ELLEN CHELL Title: EXECUTIVE DIRECTOR Date: 2/07/00
EXHIBIT "E"
BASIC INSURANCE REQUIREMENTS FOR
NON-CONSTRUCTION/NON-PROFE~~SIONAL SERVICES CONTRACTS
Definition of Contractor: The Contractor as the v~~ord is used herein is the party contracting with
the County of Santa Clara for the direct distribution of CDBG funds. If the contractor (the City)
will not use the funds directly„ but will distribute them to a subrecipient (i.e., non-profit
organization) to undertake a Program (as defined in this city/county contract) then the
requirements set forth herein shall be complieci with by the subrecipient/nonprofit for the
protection of both the City and the County. Insurance coverage must be provided to protect the
county by both the non-profit and the City.
Indemnity:
The Contractor shall indemnity, defend, and hold harmless the County of Santa Clara
(hereinafter "County"), its officers, agents and employees from any claim, liability, loss, injury or
damage arising out of, or in connection with performance of this Agreement by Contractor
and/or its agents, employees or subcontractors, 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, attorney's' fees, expenses and liabilities
incurred with respect to any litigation in which the Contractor is obligated to indemnity, 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 Agreement, the Contractor shall provide on the County's
own form or a form approved by the County's Insurance Manager an original plus one
copy of a Certificate of Insurance certifying that coverage as required herein has been
obtained and remains in force for the period required by the Agreement. The contract
number and the project name must be stated on the Certificate of The County's Special
Endorsement form shall accompany the certificate. Individual endorsements executed by
the insurance carrier may be substituted i~or the County's Special Endorsement form if
they provide the coverage as required. [n 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 address as shown on the County's
Certificate of Insurance form. The Contractor shall not receive a Notice to Proceed with
the work under the Agreement until it leas obtained all insurance required and such
insurance has been approved by the Cou~ity. This approval of insurance shall neither
relieve nor decrease the liability of the Contractor.
B. Notice of Cancellation or Change of Coverage
Insurance afforded by this policy shall not ''de canceled or changed so as to no longer meet
the herein specified CITY insurance requirements without 30 days' prior written notice of
such cancellation or change being-delivered to the CITY at Community Development
Department, 10300 Torre Avenue, Cuperti~io, CA 95014..
C. Qualifying Insurers
1. All coverages, except surety, shall be issued by companies which hold a current
policy holder's alphabetic and fin~mcial size category rating of not less than A
VIII, according to the current Best's Key Rating Guide, or a company of equal
financial stability that is approved try the CITY.
D. Insurance Required
1. Comprehensive General Liability Insurance -for bodily injury (including death)
and property damage which provides limits of not less than one million dollars
($1,000,000) combined single limit (CSL) per occurrence.
OR
2. Commercial General Liability Insurance -for bodily injury (including death) and
property damage which provides limits as follows:
a. General limit per occurrence - $ 1,000,000
b. General limit aggregate - $:x,000,000
c. Products/Completed Operations- $ 1,000,000 aggregate
d. Personal Injury limit $1,000,000
If coverage is provided under a Commercial General Liability Insurance form, a
minimum of 50% of each of the ~iggregate limits must remain available at all
tunes. If over 50% of any aggregate limit has been paid or reserved, the County
may require additional coverage to be purchased by the Contractor to restore the
required limits. The Contractor shall also notify the County Project Manager
promptly of all losses or claims over $25,000 resulting from -work performed
under this contract, or any products/completed operations loss or claim against the
contractor resulting from any of the contractor's work.
3. For either type insurance, coverage shall include:
a. Premises and Operations
b. Products/Completed Operations with limits of one million dollars
($1,000,000) per occurrence/aggregate to be maintained for two (2) years
following acceptance of the ~~vork by the County.
c. Contractual Liability expressly including liability assumed under this
Agreement
d. Personal Injury liability.
e. Independent Contractors' (Protective) liability
f Severability of Interest clause providing that the coverage applies
separately to each insured except with respect to the Iiinits of liability.
4. For either type insurance, coverage shall include the following endorsements,
copies of which shall be provided to the County:
a. Additional Insured Endorsement:
Such insurance as is afforded by this policy shall also apply to the CITY,
and members of the City Council, and the officers, agents and employees
of the CITY, individually and collectively, as additional insureds.
b. Primary Insurance Endorsement:
Such insurance as is afforded by the additional insured endorsement shall
apply as primary insurance, and other insurance maintained by the County
of Santa Clara, 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 CITY at Community DE;velopment Department, 10300 Torre Avenue,
Cupertino, CA 95014.
d. Contractual Liability Endor:>emerit:
Insurance afforded by this :policy shall apply to liability assumed by the
insured under written contract with the CITY.
e. Personal Injury Endorsement:
It is agreed that this policy f~rovides Personal Injury coverage.
f. Severability of Interest Endorsement:
It is agreed that this policy provides coverage separately to each insured
who is seeking coverage or against whom a claim is made or a suit is
brought, except with respect to the Company's limit of liability.
5 . Claims Made Coverage - If cove-rage is written on a claims made basis, the
Certificate of insurance shall cl,eazly state so. In addition to coverage
requirements above, such policy shill provide that
a. Policy retroactive date coincides with or precedes the Contractor's start of
work (including subsequent policies purchased as renewals or
replacements).
b. Contractor will make every effort to maintain similaz insurance during the
required extended period of coverage following project completion,
including the requirement o1.' adding all additional insureds.
c. if insurance is terminated for any reason, Contractor agrees to purchase
an extended reporting provision of at least two years to report claims
arising from work. performed in connection with this Agreement or
Permit.
d. Policy allows for reporting of circumstances or incidents that might give
rise to future claims.
6. Comprehensive Automobile/Aircr~ift/Watercraft Liability Insurance for bodily
injury (including death) and property damage which provides total limits of not
less than one million dollazs ($1,000,000) combined single limit per occurrence
applicable to all owned, non-ownedl and hired vehicles/aircraft/watercraft. Part or
all of this requirement may be waived by the County if it determines there is no
significant risk exposure. All requ~:sts for such waivers must be submitted to the
county in writing.
7. Worker's Compensation and Employer's Liability Insurance for:
a. statutory California Worke;rs' Compensation cover age including a broad
form all-states endorsement.
b. Employer's Liability coverage for not less than one million dollars
($1,000,000) per occurrence for all employees engaged in services or
operations under this Agreement.
c. Inclusion of the CITY and its governing board(s), officers, representatives,
agents, and employees as a~3ditional insureds, or a waiver of subrogation.
8. Professional Errors and Omissions Liability Insurance
a. Limits of not less than one million dollars ($1,000,000).
b. If this policy contains a self retention limit, it shall not be greater than ten
thousand ($10,000) dollars per occurrence/event.
c. This coverage shall be maintained for a minimum of two (2) years
following termination or completion of this Contract.
Any exceptions to the above requirements must be first be approved by the CITY.
9. Bond Requirements:
a. Fidelity Bond -Before receiving compensation under this Agreement,
Contractor will furnish CI'CY with evidence that all officials, employees,
and agents handling or having access to funds received or disbursed under
this Agreement, or authori:~ed to sign or countersign checks, are covered
by. a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen
percent (15%) of the maximum financial obligation, of the County cited
herein. If such bond is caziceled or reduced, Contractor will notify CITY
immediately, and CITY ma.y withhold further payment to Contractor until
proper coverage has been obtained. Failure to give such notice may be
cause for termination of thi;~ Agreement, at the option of the CITY.
If this is a construction project, the; following bond requirements apply only if:
1. The construction is being performed by the CITY'S workforce;
and
2. The funds aze expended for construction work; and
3. The construction work is being paid for with CDBG funds over
$100,000.
b. Contract Bonds -Prior to e:Kecution of the Contract, Contractor shall file
with the County on the approved forms, the two surety bonds in the
amounts and for the purposes noted below, duly executed by a reputable
surety company satisfactory to County, and Contractor shall pay all
premiums and costs thereof ;and incidental thereto.
Each bond shall be signed by both Contractor and the sureties.
1) The "Payment bond for p~iblic works" shall be in an amount of one
hundred percent (100%) of~ the Contract price, as determined from the
prices in the bid form, ~md shall insure to the benefit of persons
performing labor or furnishing materials in connection with the work of
the proposed Contract. This bond shall be maintained in frill force and
effect until all work under the Contract is completed and accepted by the
County, and until all claims for materials and labor have been paid.
2) The "Performance bond" sl-all be in an amount of one hundred percent
(100%) of the Contract price as determined from the prices in the bid
form. and shall insure the f~iithful performance by Contractor of all work
under the Contract. It shall also insure the replacing of, or making
acceptable, any defective m<terials or faulty workmanship.
Should any surety or sureties be deemed unsatisfactory at any time by the
County notice will be given Contractor to that effect, and Contractor shall
forthwith 'Substitute a new surety or, sureties satisfactory to the County.
No further payment shall be deemed due or will be made under the
Contract until the new sureties qualify and are accepted by the County.
All alterations, time exten:~ions, extra and additional work, and other
changes authorized by the Specifications, or any part of the-Contract, may
be made without securing consent of the surety or sureties on the contract
bonds.
10. Special Provisions
The following provisions shall apply to this Agreement:
a. 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) are not intended to
and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by th.e Contractor pursuant to this Agreement,
including, but not limited to, the provisions concerning indemnification.
b. The County acknowledges that some insurance requirements contained in
this Agreement may be fiilfilled by self-insurance on the part of the
Contractor. However, this :hall not in any way limit liabilities assumed by
the Contractor under this Agreement. Any self-insurance shall be
approved in writing by the (:ounty.
c. Should any of the work under this Agreement be sublet, the Contractor
shall require each of it:. subcontractors of any tier to carry the
aforementioned coverages, or Contractor may insure subcontractors under
its own policies. .
d. The County reserves the right to withhold payments to the Contractor in
the event of material noncompliance with the insurance requirements
outlined above.
ADDENDUM ~~CO EXHIBIT "E"
BASIC INSURANCE AN:D BOND REQUIREMENTS
FOR CONSTRUCTION PROJrECTS USING COUNTY FUNDS
All construction contractors shall comply with the requirements set forth in this
Addendum to Exhibit E.
Indemnity:
The General Contractor (hereinafeter referred to as "General") shall indemnify, defend,
and hold harmless the County of Sant~~ Clara (hereinafter "County"), the City of
Cupertino (hereinafter "City"), its officers, agents and employees, and the Contractor, its
officers, agents and employees from any loss, liability, claim, injury or damage caused
solely by the acts or omissions of personnel employed by the County, CITY or the
Contractor. It is the intent of the parties to this contract to provide the broadest possible
coverage for the CITY, County and its an~i the Contractor. The General shall reimburse
the CITY and County for all costs, attorne;y's fees, expenses and liabilities incurred with
respect to any litigation in which the General is obligated to indemnify, defend and hold
harmless the CITY and County under the Contract.
Insurance:
Without limiting the General's indemnifi~~ation of the CITY and County, the General
shall provide and maintain at its own expense, during the term of this Contract, or as may
be the further required herein, the following; insurance coverages and provisions:
A. Evidence of Coverage:
Prior to commencement of this Contract, the General shall provide an original
plus one copy of a Certificate of Insurance certifying that coverage as required
herein has been obtained and remains in force for the period required by this
Contract. The contract number and project name must be stated on the Certificate
of Insurance. Individual endorsements executed by the insurance carrier shall
accompany the certificate.
This verification of coverage shall be sent to the Contractor at the address stated
below and to the Housing and Community Development program, 1735 North
First Street, Suite 265, San Jose, California 95112. The CITY shall not issue a
Notice to Proceed with the work under this Contract until it has obtained all
insurance required and such insurance has been approved by the Contractor and
final approval by the County. This approval of insurance shall neither relieve nor
decrease the liability of the CITY.
B. Notice of Cancellation:
All policies shall contain a speci~~l provision for thirty (30) days prior written
notice of any cancellation or reduction in coverage to be sent to the Housing and
Community Development Program as stated above, and the CITY at the following
address:
City of Cupertino
Community Development Department
10300 Torre Avenue:
Cupertino, CA 9501.4
C. Qualifying Insurers
1. All policies shall be issued by companies which hold a current policy
holder's alphabetic and financial size category rating of not less than A
VIII, according to the current Best's Key Rating Guide, unless otherwise
approved by the County.
2. Surety coverage (including bid, performance and payment bonds) shall be
required as follows: "
a. For projects in excess of $100,000:
1. Either a C~ilifornia Admitted Surety OR a current
Treasury Listed Surety (Federal Register); and either a
current A.M. Best A IV rated Surety OR a current
Standard and Poor's (S&P) rating of "A".
2. An admitted surety insurer which complies with the
provisions c-f the Code of Civil Procedure, Section
995.660# .
OR
3. In lieu of 1 ~~. 2, a company of equal financial size and
stability that is approved by the County's Insurance/Risk
Manager.
* California Code of Civil Procedure Section 995.ti60 in summary, states that an admitted surety
must provide: 1) the original, or a certified copy of instrument authorizing the person who
executed the bond to do so; 2) a certified copy of the Certificate of Authority issued by the
Insurance Commissioner; 3) a certificate from County Clerk of Santa Claza County that
Certificate of Authority has not been surrendered, revoked, canceled, annulled or suspended; 4) a
financial statement showing the assets and liabilitif;s of the insurer at the end of the quarter
calendaz yeaz, prior to 30 days next preceding the date of execution of the bond.
b. For projects between $25,000 and not exceeding $100,000::
1 A California Admitted Surety OR a current Treasury
Listed Suret}~ (Federal Register); and either a current A.M.
Best B rated Surety OR a current Standard and Poor's
(S&P) rating ~~f "BB".
OR
2. An admitted surety insurer which complies with the
provisions of the Code of Civil Procedure, Section
995.660*.
OR
3. In lieu of 1 bt 2, a company of equal financial size and
stability that is approved by the County's Insurance/Risk
Manager.
D. Insurance Required
1. Comprehensive General Liability Insurance -for bodily injury (including
death) and property damagf; which provides limits of not less than one
million dollars ($1,000,000) combined single limit (CSL) per occurrence.
OR
2. Commercial General Liability Insurance -for bodily injury (including
death) and property damage which provides limits as follows:
a. General limit per occurrence - $ 1,000,000
b. General limit aggregate - $2,000,000
c. Products/Completed Operations- $ 1,000,000 aggregate
d. Personal Injury limit $1,000,000
If coverage is provided under a Commercial General Liability
Insurance form, a minimum of 50% of each of the aggregate limits
must remain available at all tunes. If over 50% of any aggregate
limit has been paid or reserved, the County may require additional
coverage to be purchased by the Contractor to restore the required
limits. The Contractor shall also notify the County Project
Manager promptly of all losses or claims over $25,000 resulting
from - work performed under this contract, or any
products/completed operations loss or claim against the contractor
resulting from any o:E the contractor's work.
3. For either type insurance, coverage shall include:
a. Premises and Operations
b. Products/Completed Operations with limits of one million dollars
($1,000,000) per occurrence/aggregate to be maintained for two (2)
years following acceptance of the work by the County.
c. Contractual Liabilit}~ expressly including liability assumed under
this Agreement
d. Personal Injury liability.
e. Independent Contractors' (Protective) liability
f. Severability of Inter~:st clause providing that the coverage applies
separately to each insured except with respect to the Iiinits of
liability.
4. For either type insurance, coverage shall include the following
endorsements, copies of which shall be provided to the County:
a. Additional Insured Endorsement:
Such insurance as is afforded by this policy shall also apply to the
County of Santa Clara, and members of the Board of Supervisors
of the County of Santa Clara, and the officers, agents and
employees of the County of Santa Clara, individually and
collectively, as additional insureds.
b. Primary Insurance Endorsement:
Such insurance as is afforded by the additional insured
endorsement shall apply as primary insurance, and other insurance
maintained by the County of Santa Clara, its officers, agents, and
employees shall be excess only and not contributing with insurance
provided under this f~olicy.
c. Notice of Cancellation or Change of Coverage Endorsement:
Insurance afforded by this policy shall not be canceled or changed
so as to no lonl;er meet the specified county insurance
requirements without 30 days' prior written notice of such
cancellation or chanf;e being delivered to the CITY at Community
Development Depan:ment, 10300 Torre Avenue, Cupertino, CA
95014.
d. Severability of Interest Endorsement
The insurance afford~:d by this policy shall apply separately to each
insured who is seeki~ig coverage or against whom a claim is made
or a suit is brought, ~:xcept with respect to the Company's limit of
liability.
5. Comprehensive Automobil'~e Liability Insurance-for bodily injury
(including death) and property damage which provides total limits of not
less than one million dollars ($1,000,000) combined single limit per
occur ence applicable to all owned, non-owned and hired vehicles.
6. Worker's Compensation and Employer's Liability Insurance for:
a. Statutory California Workers' Compensation coverage including a
broad foam all-states endorsement.
b. Employer's Liability coverage for not less than one million dollars
($1,000,000) per occurrence for all employees engaged in services
or operations under this Contract.
7. Work and Materials Insurance (including but not limited to Builder's Risk,
Course of Construction, Installation Floater or similar first party property
insurance for covering the i~iterest of the CITY and the County) shall be
provided by the Contractor.
The CITY coverage shall provide the following:
a. Coverage shall be provided on an "all-risk" basis.
b. Coverage shall be provided on the work and materials which are
the subject of this Contract, whether in process or manufacture or
finished, including "in transit" coverage to the final agreed upon
destination of deli•~ery, and including loading and unloading
operations, and sucl-~ coverage shall be in force until the work and
materials are accepted by the County.
c. County and non-profit shall be named as additional insured as its
interests may appear at the time of loss.
d. Coverage shall bE; in an amount no less than the full
replacement value o F the property at the time of loss.
e. The deductible shall not exceed $1,000 per occurrence unless
otherwise approved by the County and shall be borne by the
Contractor.
f. If the construction contractor fails to maintain such insurance
as is called for herein, the County shall have cause to
terminate this Contract in accordance with Section V,
paragraph B.
8. Bond Requirements
The following bond requirements apply:
a. Contract Bonds -Prior to execution of the Contract, CITY shall
file with the County on the approved forms, the two surety bonds
in the amounts and for the purposes noted below, duly executed by
a reputable surety company satisfactory to County, and CITY shall
pay all premiums acid costs thereof and incidental thereto. Each
bond shall be signed by both CITY and the sureties.
b. The "payment bond for public works" shall be in an amount of one
hundred percent (10~~%) of the Contract price, as determined from
the prices in the bid form, and shall insure to the benefit of persons
performing labor or furnishing materials in connection with the
work of the proposed Contract. This bond shall be maintained in
full force and effect until all work under the Contract is completed
and accepted by the County, and until all claims for materials and
labor have been paid.
c. The "performance bond" shall be in an amount of one hundred
percent (100%) of the Contract price as determined from the prices
in the bid form. and shall insure the faithful performance by
Contractor of all work under the Contract. It shall also insure the
replacing of, or making acceptable, any defective materials or
faulty workmanship.
Should any surety or sureties be deemed unsatisfactory at any time
by the County notice. All alterations, time extensions, extra and
additional work, and other changes authorized by the
Specifications, or a~~y part of the Contract, may be made without
securing consent of the surety or sureties on the contract bonds.
9. Special Provisions:
The following provisions shall apply to this Contract:
a. The foregoing requirements as to the types and limits of insurance
coverage to be maintained by the General and any approval of said
insurance by the (:ITY or the County of Santa Clara are not
intended to and sltall not in any manner limit or qualify the
liabilities and obligations otherwise assumed by the General
pursuant to this Contract, including but not limited to the
provisions concerning indemnification.
b. The Contractor reserves the right to withhold payments to the
General in the event of material noncompliance with the insurance
requirements outlin~rd above.
c. The Contractor sh<<Il notify the CITY promptly of all losses or
claims over $25,000 resulting from work performed under this
contract, or any products/completed operations loss or claim
against the contract~~r resulting from any of the contractor's work.
EXHIBI'T' "F"
ASSURANCES. CONTRACTOR hereby assures anti certifies that it will comply with all regulations,
policies, guidelines and requirements applicable to tine acceptance and use of Federal funds for this
Federally-assisted program. Specifically CONTRACTOR 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 90-284.11:
1. 570.601 Public Law 88-352 and Public Lave 90-284; affirmatively furthering fair housing;
Executive order 11063, as amended by Executive Order 12259 addresses discrimination. HUD
regulations implementing Executive order 11053 are contained in 24 CFR, Part 107.
2. 570.602 Section 109 of the Act addresses discrimination.
3. 570.603 Labor Standards.
4. 570.604 Environmental Standards.
5. 570.605 National Flood Insurance Program.
6. 570.606 Relocation, Displacement and Acquisition.
7. 570.607 Employment and Contracting Opporhmities.
8. 570.608 Lead Based Paint.
9. 570.609 Use of Debarred, Suspended, or Ineligible Contractors or Subrecipients.
10. 570.610 Uniform Administrative Requirements and Cost Principles. The COUNTY, its
subrecipients, agencies or instrumentalities, :shall comply with the policies, guidelines, and
requirements of 24 CFR, Part 85, and OMB Circulars A-87 (Cost Principles for State and Local
Governments), A-110 (Grants and Agreements with Non-Profit Organizations), A-122 (Cost
Principles for Non-Profits), A-128 (Audits of State and Local Governments-implemented at 24
CFR Part 24) and A-133 (Audits of Institutions of Higher Education and Other Non-Profit
Institutions), as applicable, as they relate to th~~ acceptance and use of Federal funds under this
part. The applicable sections of 24 CFR Part 85 and OMB Circular A-100 are set forth at
570.502.
11. 570.611 Conflict of Interest
12. 570.612 Executive Order 12372 allows States to establish its own process for review and
comment on proposed Federal financial assistance programs, specifically the use of CDBG
funds for the construction or planning of water or sewer facilities.
EXHIBIT "G"
BASIC INSURANCE R]E:QUIREMENTS FOR
NON-CONSTRUCTION/NON-PROFESSIONAL SERVICES CONTRACTS
Definition of Contractor: The Contractor as the vrord is used herein is the party contracting with
the County of Santa Clara for the direct distribution of CDBG funds. If the contractor (the City)
will not use the funds directly„ but will distribute them to a subrecipient (i.e., non-profit
organization) to undertake a Program (as dei-fined in this city/county contract) then the
requirements set forth herein shall be complie~3 with by the subrecipient/nonprofit for the
protection of both the City and the County. Insurance coverage must be provided to protect the
county by both the non-profit and the City.
Indemnity:
The Contractor shall indemnity, defend, and hold harmless the County of Santa Clara
(hereinafter "County"), its officers, agents and employees from any claim, liability, loss, injury or
damage arising out of, or in connection with performance of this Agreement by Contractor
and/or its agents, employees or subcontractors, 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, attorney's' fees, expenses and liabilities
incurred with respect to any litigation in which th,e Contractor is obligated to indemnity, 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 pro~risions:
A. Evidence of Coverage
Prior to commencement of this Agreement, the Contractor shall provide on the County's
own form or a form approved by the County's Insurance Manager an original plus one
copy of a Certificate of Insurance certifying that coverage as required herein has been
obtained and remains in force for the period required by the Agreement. The contract
number and the project name must be stated on the Certificate of The County's Special
Endorsement form shall accompany the certificate. Individual endorsements executed by
the insurance carver may be substituted i:or the County's Special Endorsement form if
they provide the coverage as required. :[n 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 address as shown on the County's
Certificate of Insurance form. The Contractor shall not receive a Notice to Proceed with
the work under the Agreement until it has obtained all insurance required and such
insurance has been approved by the CoLinty. This approval of insurance shall neither
relieve nor decrease the liability of the Contractor.
B. Notice of Cancellation or Change of Coverage
Insurance afforded by this policy shall not be canceled or changed so as to no longer meet
the herein specified CITY insurance requirements without 30 days' prior written notice of
such cancellation or change being-delive-red to the CITY at Community Development
Department, 10300 Torre Avenue, Cupertino, CA 95014..
C. Qualifying Insurers
1. 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
VIII, according to the current Be;~t's Key Rating Guide, or a company of equal
financial stability that is approved by the CITY.
D. Insurance Required
1. Comprehensive General Liability Insurance -for bodily injury (including death)
and property damage which provides limits of not less than one million dollars
($1,000,000) combined single limit (CSL) per occurrence.
OR
2. Commercial General Liability Insurance -for bodily injury (including death) and
property damage which provides limits as follows:
a. General limit per occurrent;e - $ 1,000,000
b. General limit aggregate - 9>2,000,000
c. Products/Completed Operations- $ 1,000,000 aggregate
d. Personal Injury limit $1,000,000
If coverage is provided under a Commercial General Liability Insurance form, a
minimum of 50% of each of the aggregate limits must remain available at all
tunes. If over 50% of any aggreg~ite limit has been paid or reserved, the County
may require additional coverage to be purchased by the Contractor to restore the
required limits. The Contractor :hall also notify the County Project Manager
promptly of all losses or claims over $25,000 resulting from -work performed
under this contract, or any products/completed operations loss or claim against the
contractor resulting from any of they contractor's work.
3. For either type insurance, coverage shall include:
a. Premises and Operations
b. Products/Completed Oper~itions with limits of one million dollars
($1,000,000) per occurrence/aggregate to be maintained for two (2) years
following acceptance of the work by the County.
c. Contractual Liability expressly including liability assumed under this
Agreement
d. Personal Injury liability.
e. Independent Contractors' (Protective) liability
f Severability of Interest clause providing that the coverage applies
separately to each insured e:KCept with respect to the Iiinits of liability.
4. For either type insurance, coverae shall include the following endorsements,
copies of which shall be provided t~~ the County:
a. Additional Insured Endorsement:
Such insurance as is afforded by this policy shall also apply to the CITY,
and members of the City Council, and the officers, agents and employees
of the CITY, individually acid collectively, as additional insureds.
b. Primary Insurance Endorsement:
Such insurance as is afforded by the additional insured endorsement shall
apply as primary insurance, and other insurance maintained by the County
of Santa Clara, 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 CITY at Community Development Department, 10300 Torre Avenue,
Cupertino, CA 95014.
d. Contractual Liability Endor.~ement:
Insurance afforded by this policy shall apply to liability assumed by the
insured under written contract with the CITY:
e. Personal Injury Endorsement:
It is agreed that this policy provides Personal Injury coverage.
f. Severability of Interest End~~rsement:
It is agreed that this policy provides coverage separately to each insured
who is seeking coverage or against whom a claim is made or a suit is
brought, except with respect to the Company's limit of liability.
5 . Claims Made Coverage - If coverage is written on a claims made basis, the
Certificate of insurance shall clearly state so. In addition to coverage
requirements above, such policy shall provide that
a. Policy retroactive date coincides with or precedes the Contractor's start of
work (including subsequent policies purchased as renewals or
replacements).
b. Contractor will make every effort to maintain similar insurance during the
required extended period of coverage following project completion,
including the requirement of adding all additional insureds.
c. if insurance is terminated for any reason, Contractor agrees to purchase
an extended reporting provision of at least two years to report claims
arising from work. performed in connection with this Agreement or
Permit.
d. Policy allows for reporting of circumstances or incidents that might give
rise to future claims.
6. Comprehensive Automobile/Aircraft/Watercraft Liability Insurance for bodily
injury (including death) and property damage which provides total limits of not
less than one million dollars ($1,000,000) combined single limit per occurrence
applicable to all owned, non-owned and hired vehicles/aircraft/watercraft. Part or
all of this requirement may be waived by the County if it determines there is no
significant risk exposure. All requests for such waivers must be submitted to the
county in writing.
7
8
9
Worker's Compensation and Employer's Liability Insurance for:
a. statutory California Workers' Compensation cover age including a broad
form all-states endorsement.
b. Employer's Liability coverage
($1,000,000) per occurrence for
operations under this Agreement.
for not less than one million dollars
all employees engaged in services or
c. Inclusion of the CITY and its governing board(s), officers, representatives,
agents, and employees as additional insureds, or a waiver of subrogation.
Professional Errors and Omissions Liability Insurance
a. Limits of not less than one million dollars ($1,000,000).
b. If this policy contains a self'retention limit, it shall not be greater than ten
thousand ($10,000) dollars I~er occurrence/event.
c. This coverage shall be maintained for a minimum of two (2) years
following termination or completion of this Contract.
Any exceptions to the above requirements must be first be approved by the CITY.
Bond Requirements:
a. Fidelity Bond -Before receiving compensation under this Agreement,
Contractor will furnish CITY with evidence that all officials, employees,
and agents handling or havi~lg access to funds received or disbursed under
this Agreement, or authorized to sign or countersign checks, are covered
by a BLANKET FIDELIT~~ BOND in an amount of AT LEAST fifteen
percent (15%) of the maximum financial obligation, of the County cited
herein. If such bond is can~~eled or reduced, Contractor will notify CITY
immediately, and CITY ma;/ withhold further payment to Contractor until
proper coverage has been obtained. .Failure to give such notice may be
cause for termination of this Agreement, at the option of the CITY.
If this is a construction project, the following bond requirements apply only if:
1. The construction is being performed by the CITY'S workforce;
and
2. The funds are expencied for construction work; and
3. The construction work is being paid for with CDBG funds over
$100,000.
b. Contract Bonds -Prior to e:Kecution of the Contract, Contractor shall file
with the County on the aF~proved forms, the two surety bonds in the
amounts and for the purposes noted below, duly executed by a reputable
surety company satisfactory to County, and Contractor shall pay all
premiums and costs thereof :ind incidental thereto.
Each bond shall be signed by both Contractor and the sureties.
1) The "Payment bond for public works" shall be in an amount of one
hundred percent (100%) of the Contract price, as determined from the
prices in the bid form, and shall insure to the benefit of persons
performing labor or furnishing materials in connection with the work of
the proposed Contract. This bond shall be maintained in frill force and
effect until all work under t;he Contract is completed and accepted by the
County, and until all claims :for materials and labor have been paid.
2) The "Performance bond" sl:~all be in an amount of one hundred percent
(100%) of the Contract pri~~e as determined from the prices in the bid
form. and shall insure the f<<ithful performance by Contractor of all work
under the Contract. It shrill also insure the replacing of, or making
acceptable, any defective materials or faulty workmanship.
Should any surety or sureties be deemed unsatisfactory at any time by the
County notice will be given Contractor to that effect, and Contractor shall
forthwith 'Substitute a new surety or, sureties satisfactory to the County.
No further payment shall lie deemed due or will be made under the
Contract until the new sureties qualify and are accepted by the County.
All alterations, time exten:;ions, extra and additional work, and other
changes authorized by the Specifications, or any part of the-Contract, may
be made without securing consent of the surety or sureties on the contract
bonds.
10. Special Provisions
The following provisions shall apple to this Agreement:
a. 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) are not intended to
and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Contractor pursuant to this Agreement,
including, but not limited to.. the provisions concerning indemnification.
b. 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.
c. 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. .
d. The County reserves the right to withhold payments to the Contractor in
the event of material non~~ompliance with the insurance requirements
outlined above.
ADDENDUM TO EXHIBIT "E"
BASIC INSURANCE AI\'D BOND REQUIREMENTS
FOR CONSTRUCTION PROJECTS USING COUNTY FUNDS
All construction contractors shall comply with the requirements set forth in this
Addendum to Exhibit E.
Indemnity:
The General Contractor (hereinafeter referred to as "General") shall indemnify, defend,
and hold harmless the County of Santa Clara (hereinafter "County"), the City of
Cupertino (hereinafter "City"), its officers, agents and employees, and the Contractor, its
officers, agents and employees from any loss, liability, claim, injury or damage caused
solely by the acts or omissions of personnel employed by the County, CITY or the
Contractor. It is the intent of the parties t~o this contract to provide the broadest possible
coverage for the CITY, County and its anal the Contractor. The General shall reimburse
the CITY and County for all costs, attorne:y's fees, expenses and liabilities incurred with
respect to any litigation in which the General is obligated to indemnify, defend and hold
harmless the CITY and County under the (:ontract.
Insurance:
Without limiting the General's indemnification of the CITY and County, the General
shall provide and maintain at its own expense, during the term of this Contract, or as may
be the further required herein, the following insurance coverages and provisions:
A. Evidence of Coverage:
Prior to commencement of this Contract, the General shall provide an original
plus one copy of a Certificate of Insurance certifying that coverage as required
herein has been obtained and remains in force for the period required by this
Contract. The contract number and project name must be stated on the Certificate
of Insurance. Individual endorsements executed by the insurance carrier shall
accompany the certificate.
This verification of coverage shall be sent to the Contractor at the address stated
below and to the Housing and Community Development program, 1735 North
First Street, Suite 265, San Jose, (~alifornia 95112. The CITY shall not issue a
Notice to Proceed with the work under this Contract until it has obtained all
insurance required and such insurance has been approved by the Contractor and
final approval by the County. This, approval of insurance shall neither relieve nor
decrease the liability of the CITY.
B. Notice of Cancellation:
All policies shall contain a speci;il provision for thirty (30) days prior written
notice of any cancellation or reduction in coverage to be sent to the Housing and
Community Development Program. as stated above, and the CITY at the following
address:
City of Cupertino
Community Develo~~ment Department
10300 Torre Avenue
Cupertino, CA 95014
C. Qualifying Insurers
1. All policies shall be issued by companies which hold a current policy
holder's alphabetic and financial size category rating of not less than A
VIII, according to the currE;nt Best's Key Rating Guide, unless otherwise
approved by the County.
2. Surety coverage (including bid, performance and payment bonds) shall be
required as follows:
a. For projects in exce:~s of $100,000:
1. Either a C~ilifornia Admitted Surety OR a current
Treasury Lasted Surety (Federal Register); and either a
current A.M. Best A IV rated Surety OR a current
Standard and. Poor's (S&P) rating of "A".
2. An admitted surety insurer which complies with the
provisions ~~f the Code of Civil Procedure, Section
995.660* .
OR
3. In lieu of 1 ,~ 2, a company of equal financial size and
stability that is approved by the County's Insurance/Risk
Manager.
* California Code of Civil Procedure Section 995.1560 in summary, states that an admitted surety
must provide: 1) the original, or a certified copy oi' instrument authorizing the person who
executed the bond to do so; 2) a certified copy of tike Certificate of Authority issued by the
Insurance Commissioner; 3) a certificate from Col~nty Clerk of Santa Clara County that
Certificate of Authority has not been surrendered, :revoked, canceled, annulled or suspended; 4) a
financial statement showing the assets and liabilities of the insurer at the end of the quarter
calendar year, prior to 30 days next preceding the date of execution of the bond.
b. For projects between $25,000 and not exceeding $100,000::
1 A California Admitted Surety OR a current Treasury
Listed Surety (Federal Register); and either a current A.M.
Best B rated Surety OR a current Standard and Poor's
(S&P) rating of "BB".
OR
2. An admitted surety insurer which complies with the
provisions of the Code of Civil Procedure, Section
995.660*.
OR
3. In lieu of 1 & 2, a company of equal financial size and
stability that is approved by the County's Insurance/Risk
Manager.
D. Insurance Required
1. Comprehensive General Liability Insurance -for bodily injury (including
death) and property damage which provides limits of not less than one
million dollazs ($1,000,000;1 combined single limit (CSL) per occurrence.
OR
2. Commercial General Liabiility Insurance -for bodily injury (including
death) and property damages which provides limits as follows:
a. General limit per occurrence - $ 1,000,000
b. General limit aggregate - $2,000,000
c. Products/Completed Operations- $ 1,000,000 aggregate
d. Personal Injury limit $1,000,000
If coverage is provided under a Commercial General Liability
Insurance form, a minimum of 50% of each of the aggregate limits
must remain available at all tunes. If over 50% of any aggregate
limit has been paid or reserved, the County may require additional
coverage to be purchased by the Contractor to restore the required
limits. The Contractor shall also notify the County Project
Manager promptly of all losses or claims over $25,000 resulting
from - work performed under this contract, or any
products/completed operations loss or claim against the contractor
resulting from any of the contractor's work.
3. For either type insurance, coverage shall include:
a. Premises and Operations
b. Products/Completed Operations with limits of one million dollars
($1,000,000) per occurrence/aggregate to be maintained for two (2)
years following acceptance of the work by the County.
c. Contractual Liability expressly including liability assumed under
this Agreement
d. Personal Injury liability.
e. Independent Contra~~tors' (Protective) liability
f. Severability of Inte:reSt clause providing that the coverage applies
separately to each insured except with respect to the Iiinits of
liability.
4. For either type insurance, coverage shall include the following
endorsements, copies of whdch shall be provided to the County:
a. Additional Insured l~ndorsement:
Such insurance as i;~ afforded by this policy shall also apply to the
County of Santa Clara, and members of the Board of Supervisors
of the County of Santa Clara, and the officers, agents and
employees of the County of Santa Clara, individually and
collectively, as additional insureds.
b. Primary Insurance F:ndorsement:
Such insurance as is afforded by the additional insured
endorsement shall apply as primary insurance, and other insurance
maintained by the (:ounty of Santa Clara, its officers, agents, and
employees shall be ~:xcess 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 char.~ge being delivered to the CITY at Community
Development Department, 10300 Torre Avenue, Cupertino, CA
95014.
d. Severability of Interest Endorsement
The insurance afforded by this policy shall apply separately to each
insured who is seeking coverage or against whom a claim is made
or a suit is brought, except with respect to the Company's limit of
liability.
5. Comprehensive Automobile Liability Insurance-for bodily injury
(including death) and property damage which provides total limits of not
less than one million dollars ($1,000,000) combined single limit per
occurrence applicable to all owned, non-owned and hired vehicles.
6. Worker's Compensation and Employer's Liability Insurance for:
a. Statutory Californian Workers' Compensation coverage including a
broad form all-states endorsement.
b. Employer's Liabilir~ coverage for not less than one million dollars
($1,000,000) per occurrence for all employees engaged in services
or operations under this Contract.
7. Work and Materials Insuraulce (including but not limited to Builder's Risk,
Course of Construction, Installation Floater or similar first party property
insurance for covering the interest of the CITY and the County) shall be
provided by the Contractor..
The CITY coverage shall provide the following:
a. Coverage shall be provided on an "all-risk" basis.
b. Coverage shall be provided on the work and materials which are
the subject of this I~ontract, whether in process or manufacture or
finished, including ' in transit" coverage to the final agreed upon
destination of delivery, and including loading and unloading
operations, and such coverage shall be in force until the work and
materials are accepted by the County.
c. County and non-profit shall be named as additional insured as its
interests may appear at the time of loss.
d. Coverage shall bey in an amount no less than the full
replacement value oi~the property at the time of loss.
e. The deductible shall not exceed $1,000 per occurrence unless
otherwise approved by the County and shall be borne by the
Contractor.
f. If the construction contractor fails to maintain such insurance
as is called for herein, the County shall have cause to
terminate this Contract in accordance with Section V,
paragraph B.
8. Bond Requirements
The following bond requirements apply:
a. Contract Bonds -Prior to execution of the Contract, CITY shall
file with the County on the approved forms, the two surety bonds
in the amounts and for the purposes noted below, duly executed by
a reputable surety company satisfactory to County, and CITY shall
pay all premiums acid costs thereof and incidental thereto. Each
bond shall be signed by both CITY and the sureties.
b. The "payment bond for public works" shall be in an amount of one
hundred percent (100%) of the Contract price, as determined from
the prices in the bid form, and shall insure to the benefit of persons
performing labor oi• furnishing materials in connection with the
work of the proposed Contract. This bond shall be maintained in
full force and effect until all work under the Contract is completed
and accepted by the County, and until all claims for materials and
labor have been paid..
c. The "performance Mond" shall be in an amount of one hundred
percent (100%) of tYie Contract price as determined from the prices
in the bid form. and shall insure the faithful performance by
Contractor of all work under the Contract. It shall also insure the
replacing of, or m;ilcing acceptable, any defective materials or
faulty workmanship,
Should any surety or. sureties be deemed unsatisfactory at any time
by the County notice. All alterations, time extensions, extra and
additional work, and other changes authorized by the
Specifications, or arty part of the Contract, may be made without
securing consent of the surety or sureties on the contract bonds.
9. Special Provisions:
The following provisions shall apply to this Contract:
a. The foregoing requirements as to the types and limits of insurance
coverage to be maintained by the General and any approval of said
insurance by the CITY or the County of Santa Clara are not
intended to and shall not in any manner limit or qualify the
liabilities and obligations otherwise assumed by the General
pursuant to this Contract, including but not limited to the
provisions concerning indemnification.
b. The Contractor reserves the right to withhold payments to the
General in the event of material noncompliance with the insurance
requirements outlined above.
c. The Contractor shall notify the CITY promptly of all losses or
claims over $25,000 resulting from work performed under this
contract, or any products/completed operations loss or claim
against the contractor resulting from any of the contractor's work.