16-064 General Fund Human Service Grants (HSG) Program CityNon-Profit Contract (Services Only), Catholic Charities of Santa Clara CountyFIRST AMENDMENT
TO GENERAL FUND HUMAN SERVICE GRANTS (HSG) PROGRAM
CITY /NON-PROFIT CONTRACT
(Services Only)
The First Amendment to Contract is entered into between CATHOLIC CHARITIES OF
SANTA CLARA COUNTY (CORPORATION) and the CITY OF CUPERTINO (CITY) to
amend the General Fund Human Service Grants (HSG) Program Contract (CONTRACT) dated
July 1, 2016.
WITNESS ETH
WHEREAS , CITY has reserved a portion of its HSG funds to be used on activities that benefit
Cupertino's residents; and,
WHEREAS , CITY has agreed to the use b y CORPORATION of a portion of CITY' S HSG budget
for the Program as described below to be operated within CITY and will benefit low and very low-
income households ;
THEREFORE, the parties agree as follows:
1. Section I, entitled "Project," i s re v ised to re ad as follo w s:
For the period of July 12 2016 to June 30, 2017 , CITY agreed to allocate a portion of its HSG
budget to CORPORATION, being the sum of Six Thousand Five Hundred Dollars and No
Cents ($6,500.00) for the purpose of implementing the CORPORATION'S project (hereinafter"
Project"), as more particularly described in Exhibits A-E.
For the period of July 12 2017 to June 30 2 2018 , CITY agrees to allocate a portion of its
current HSG budget to CORPORATION as a subrecipient in the sum of Six Thousand
Five Hundred Dollars and No Cents ($6,500.00) for the purpose of implementing the
CORPORATION'S project, as more particularly described in Exhibits A-E as noted herein,
attached to this First Amendment.
The total allocation for July 1, 2016 through June 30, 2018 shall not exceed Thirteen Thousand
Dollars and No Cents ($13,000.00).
2. Section II, "Term," is amended to read as follows, the purpose of this Contract is for the
CITY to disburse HSG funds for eligible activities. Unless amended prior to its expiration,
the term of this Contract for disbursement purposes will begin on July 1, 2017 and will
end on June 30 2 2018, unless terminated earlier pursuant to Section VI or Section VII of
the Contract.
3. The following Exhibits to the Contract are hereby added to read as shown in the attachments
to this Amendment:
1.
2.
Exhibit A: Program Description;
Exhibit B: Program Work Plan;
3.
4.
Exhibit C: Proposed Implementation Timeline Schedule ;
Exhibit D: Program Budget;
5.
Contracts
Exhibit E: Basic Insurance and Bond Requirements For Non-Profit
4. All terms , covenants and conditions stated in the CONTRACT, which are not herein amended ,
remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment effective on the later
date shown below.
AGENCY:
l"-
i ~;t:: )J la'nw
(printn~
Margaret Williams,
Chief Administrative and Financial Officer
APPROVED AS TO FORM AND
LEGALITY:
~
,Ar0/ Randolph Stevenson Hom
~-City Attorney
::r{ cq{ n-
Date
EXPENDITURE DISTRIBUTION
CITY OF CUPERTINO, a municipal
corporation:
By: _;;,_w;z._7i_1 _s_~£_7JJIJ_!/v._SJ/._il ll,_1/l_
(print name)
~£t?ffe o1J;¢-;
AartiShrivastava
Assistant City Manager
ATTEST:
Grace Schmidt
City Clerk
I' Date
Date
PO # 100-72-712 700-702
Original Contract: $6 ,500
Amendment #1 $6 ,500
Total: $13,000
PROGRAM DESCRIPTION
Agency Name: DUNS:
Catholic Charities of Santa Clara County
Executive Director: Project Manager: Project # (For Office Use Only)
Margaret Williams, Chief Wanda Hale 100-72-712 700-702
Administrative and Financial
Officer
Street Address: City: State: I Zip Code:
2625 Zanker Road, Suite 200 San Jose CA 95134
Telephone number : Fax Number : Manager E-mail
408-325-5110 Whale(a),catholiccharitiesscc.org
Name of Project/Program:
Lonf! Term Care Ombudsman
Project/Program Location:
2625 Zanker Road, Suite 200 San Jose, CA 95134
Project Description:
The LTCOP promotes the interest, well-being and rights of long term care facility residents.
Long Term Care (LTC) Ombudsmen protect and help improve the quality of care and life for the
frailest of our senior and disabled population, serving as advocates for the more than 12,000
residents living in long term care facilities that serve low-income residents in the County. As
independent advocates, certified LTC Ombudsmen work to resolve problems and complaints of
individual residents and to bring about change by creating ongoing visibility through regular
unannounced visits to long term care facilities, monitoring conditions and care, and providing a
voice for those unable to speak for themselves . The City of Cupertino has 8 long-term care
facilities which together house more than 435 frail and vulnerable senior and disabled re s idents.
The LTCOP serves residents of Cupertino and their families through regular visits to each facility
to help protect and improve the quality of life.
EXHIBIT B
PROGRAM WORK PLAN
FY 2017/2018
AGENCY NAME: Catholic Charities of Santa Clara County
PROGRAM NAME: Long Term Care Ombudsman
Objectives
f!l-8 unannounced site visits to Cupertino Long Term Care
Facilities
Ombudsmen will make contact with 428 unduplicated LTC
residents
Ombudsmen will investigate and resolve 16 complaints for or
on behalf of Cupe1iino L TC residents
Benchmarks for Each Quarter
1st 2nd 3rd 4th TOTAL
12 12 12 12 48
107 107 107 107 428
4 4 4 4 16
EXHIBIT C
PROPOSED IMPLEMENTATION TIMELINE SCHEDULE
FY 2017/2018
AGENCY NAME : Catholic Charities of Santa Clara County
PROGRAM NAME: Long Term Care Ombud sman
Activity Number & Description:
!Activity ··Jul ' ~Aug ... S ~p -Oct Nov Dec Jan #, --~.
1.
2.
3.
Feb Mar Apr .May Jun
EXHIBIT D
PROGRAM BUDGET
FY 2017/2018
AGENCY NAME: Catholic Charities of Santa Clara County
PROGRAM NAME: Long Term Care Ombudsman
Program Budget (Fiscal Year 2017-2018)
Proposed Project Expenses
Salaries/Benefits/Payroll/Taxes
Office Supplies
Communication
Publications/Printing/ Advertising
Travel
Rent/Lease/Mortgage
Utilities
Insurance
Equipment Rental/Maintenance
Audit/Legal/Professional Services (for CDBG portion only)
Direct Services (Funding for specific service such as a meal, ride)
Contracted Services
Other
Total Expenses
2017-2018
Request
$5,525
$975
$6,500
EXHIBIT E
BASIC INSURANCE AND BOND REQUIREMENTS FOR
NON-PROFIT CONTRACTS
Definition of Contractor: The "Contractor" as the word is used in this Ex hibit E is the party
contracting with the City of Cupertino for the direct distribution ofHSG funds.
Indemnity
The Contractor shall indemnify, defend, and hold harmless the City of Cupertino (hereinafter
"City"), its officers, agents and employees from any loss, liability, claim , injury or damage arising
out of, or in connection with performance of this Contract by Contractor and/or its agents ,
employees or subcontractors, excepting only loss, injury or damage caused solely by the acts or
omissions of personnel employed by the City . It is the intent of the parties to this Contract to
provide the broadest possible coverage for the City. The Contractor shall reimburse the City 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 City under this Contract.
Insurance
Without limiting the Contractor's indemnification of the City, the Contractor shall provide and
maintain at its own expense, during the term of this Contract, or as may be further required herein ,
the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Contract, the Contractor shall provide on the City's own form or a
form approved by the City'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 this Contract. The contract number and project name must be stated
on the Certificate of Insurance. The City's Special Endorsement form shall accompany the
certificate. Individual endorsements executed by the insurance carrier may be substituted for the
City's Special Endorsement fo1m 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 address as shown on the City's Certificate of
Insurance form and to the Community Development Department at the address set forth in this
Contract at Section VI. PROGRAM COORDINATION, Paragraph C., NOTICES. The Contractor
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 City. This approval of insurance
shall neither relieve nor decrease the liability of the Contractor.
B. Notice of Cancellation of Reduction of Coverage
All policies shall contain a special provision for thirty (30) days prior written notice of any
cancellation or reduction in coverage to be sent to the Community Development Department,
10300 Torre Avenue, Cupertino, CA 95014.
C. Qualifying Insurers
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 City's Insurance 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 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, the carrier shall
provide the City Insurance Manager with a quarterly report of the amount of aggregate limits
expended to that date. If over 50% of the aggregate limits have been paid or reserved , the City may
require additional coverage to be purchased by the Contractor to restore the required limits.
3. For either type of insurance, coverage shall include:
2 . Premises and Operations
3. 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 City.
4. Contractual Liability expressly including liability assumed under this Contract.
5. Personal Injury liability.
6. Independent Contractors' (Protective) liability.
f. Severability oflnterest clause providing that the coverage applies separately to each
insured except with respect to the limits of liability.
4 . For either type of insurance, coverage shall include the following endorsements, copies of
which shall be provided to the City:
5.
6.
a. Additional Insured Endorsement:
Such insurance as is afforded by this policy shall also apply to the City of Cupertino, and
members of the City Council, and the officers, agents and employees of the City of
Cupertino, 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 City of Cupertino, 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:
This policy may not be cancelled nor the coverage reduced by the Company without 30 days
prior written notice of such cancellation or reduction in coverage to the City of Cupertino at
the address shown on the Certificate of Insurance .
d . Contractual Liability Endorsement:
This policy shall apply to liability assumed by the insured under written contract with the
City of Cupertino.
e. Personal Injury Endorsement:
The provisions of this policy shall provide Personal Injury coverage.
f. Severability of Interest Endorsement:
The insurance afforded by this policy shall apply separately to each insured that 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.
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.
Worker's Compensation and Employer's Liability Insurance for:
a. Statutory California Workers' Compensation coverage 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 Contract.
c. Inclusion of the City and its governing board(s), officers, representatives, agents,
and employees as additional insureds, or a waiver of subrogation.
7. Professional Errors and Omissions Liability Insurance
This type of insurance should be provided by persons/entities you contract with to provide you
with professional services.
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
dollars ($10,000) per occurrence/event.
c. This coverage shall be maintained for a minimum of two (2) years following
termination of this Contract.
The City must first approve any exceptions to the above requirements.
8. Bond Requirements
Fidelity Bond -Before receiving compensation under this Contract, Contractor will furnish City
with evidence that all officials, employees, and agents handling or havin g access to funds received
or disbursed under this Contract, or authorized 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 City cited herein. If such bond is cancelled or reduced ,
Contractor will notify City immediately, and City may withhold fu11her payment to Contractor
until proper coverage has been obtained. Failure to give such notice may be cause for termination
of this Contract, at the option of the City.
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 Contractor and any approval of said insurance by the City 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 Contract, including but not limited to the provisions concerning
indemnification.
b. The City acknowledges that some insurance requirements contained in this Contract
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 Contract. The
City shall approve any self-insurance in writing.
c. The City reserves the right to withhold payments to the Contractor in the event of
material noncompliance with the insurance requirements outlined above.
d. If the Contractor fails to maintain such insurance as is called for herein, the City
must order the Contractor to immediately suspend work at Contractor's expense
until a new policy of insurance is in effect.
GENERAL FUND HUMAN SERVICE GRANTS (HSG) PROGRAM
CITY/NON-PROFIT CONTRACT
(Services Only)
THIS General Fund Human Services Grants (HSG) Program City/Non-Profit Contract
(the "Contract") is entered into between the CITY OF CUPERTINO, a political subdivision of
the State of California (hereinafter "CITY"), and
CATHOLIC CHARITIES OF SANT A CLARA COUNTY
a non-profit public benefit corporation (hereinafter "CORPORATION"). The allocation of funds
pursuant to this Contract will be a grant. CITY approved the allocation and disbursement of
General Fund Human Service Grants (HSG) funds (hereinafter "Grant ") to CORPORATION on
April 19, 2016 .
WITNESS ETH
WHEREAS , CITY has reserved a p01iion of its HSG funds to be used on activities that
benefit Cupertino 's residents ; and ,
WHEREAS , CITY has agreed to the use by CORPORATION of a portion of CITY 'S
HSG budget for the Program as described below to be operated within CITY and will benefit low
and very low-income households;
NOW , THEREFORE, the parties agree as follows ;
I. PROGRAM
CITY agrees to allocate a portion of its current HSG budget to CORPORATION , being
the sum of Six Thousand and Five Hundred Dollars and No Cents ($6,500.00) for the
purpose of implementing the CORPORATION 'S program (hereinafter "Program "), as more
paiiicularly described in numerous exhibits marked as noted herein , attached to this Contract,
incorporated by this reference , as though fully set forth , as follows : Exhibit "A" (Program
Description), Exhibit "B" (Program Work Plan), Exhibit "C" (Proposed Implementation Time
Schedule), Exhibit "D" (Program Budget), and Exhibit "E" (Insurance and Bond Requirements).
II. TERM
A. The purpose of this Contract is for the CITY to disburse HSG funds for eligible activities.
Unless amended prior to its expiration , the term of this Contract for disbursement purposes will
begin on July l, 2016 and will end on June 30, 2017 unless terminated earlier pursuant to
Section VII or Section VIII of this Contract.
B. The term of the expenditure by CORPORATION of the allocation provided for herein
will begin on July l, 2016 and terminate on the earliest of the following dates as set fo1ih herein :
June 30, 2017 , or later date per amendment to this Contract ; or upon the termination date
established pursuant to Section VII or Section VIII of thi s Contract.
Page I of2 l
FY 201 6-1 7 Gen eral Fund Hum an Service Gra nt s (HSG) Cit y/No n-Pro fit Co ntr ac t
III. SECOND YEAR RENEW AL OPTIONS
The term of this Contract may be e x tended by an amendment to disburse the CITY 'S Grant
funds authorized by City Council for the fiscal year subsequent to the initial term of this
Contract, contingent on the following requirements and process:
A. Authorization by CITY to expend funds for the purposes of this Contract ;
B. CITY'S appropriation of funds for this Program ;
C. CORPORATION 'S satisfactory performance, as determined b y the CITY, of all it's
obligations as stated in this Contract;
D. Submission to CITY of Proof of Insurance.
IV. OBLIGATIONS OF CORPORATION
A. Organization of CORPORATION. CORPORATION will:
1. Provide CITY with copies of the follo w ing documents, evidencing filing with
the appropriate governmental agency:
a) Its Articles of Incorporation under the laws of the State of California;
b) A copy of the cunent Bylaws of CORPORATION ;
c) Documentation of its Internal Revenue Service non-profit status;
d) Names and addresses of the current Board of Directors of
CORPORATION; and ,
e) An adopted copy of CORPORATION 'S personnel policies and
procedures.
2 . During the Contract term , immediately report any changes , subsequent to the
date of this Contract, in CORPORATION'S Articles oflncorporation, Bylaws, Board of
Directors , personnel policies and procedures, or tax exempt status to DIRECTOR.
3 . Maintain no member of its Board of Directors as a paid employee, agent ,
independent contractor, or subcontractor under this Contract.
4. Open to the public , meetings of its Board of Directors , ifrequired by
California's open meeting laws , except meetings , or portions thereof, dealing with
personnel or litigation matters or as otherwise provided by law.
5 . Keep minutes of all its regular and special meetings.
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FY 20 16-1 7 Ge neral Fund Hum an Serv i ce Gra nt s (H SG) C ity/Non-Pro fit Co ntrac t
6. Comply with all provisions of California and Federal Non-Profit Corporation
Laws.
7. Provide to the CITY a copy of a resolution authorizing the
CORPORA TION's execution of this Contract. The CORPORATION hereby warrants to
the CITY that this Contract is a legal , valid , and binding obligation of the
CORPORATION enforceable in accordance with its terms , and that the execution and
delivery of this Contract and the performance of the CORPORA TIO N's obligations have
been duly authorized by the CORPORATION .
B. Program Performance by CORPORATION. CORPORATION shall:
1. Conduct the PROGRAM within the City of Cupertino , for the purpose of
benefiting low and very low-income households.
2. File quarterly reports as required by CITY on the type and number of services
rendered through the operation of the PROGRAM , and a description of the beneficiaries
of these services, and which reports will evaluate the manner in which the PROGRAM is
achieving its objectives and goals according to the standards established by CITY. The
progress reports will be due ten days after the close of each reporting period and must
cover the three months immediately preceding the date on which the report is filed .
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 receipt of such
award, inform CITY within ten days .
5. Include an acknowledgement of CITY funding and support on
CORPORATION stationery and on all appropriate program-related publicity and
publications using words to the effect: "funded in whole or in part by the City of
Cupertino General Funds."
C . Fiscal Responsibilities of CORPORATION . CORPORATION will:
1. Appoint and submit the name of a fiscal agent who will be responsible for the
financial and accounting activities of CORPORATION, including the receipt and
disbursement of CORPORATION funds . The CITY must immediately be notified in
writing of the appointment of any new fiscal agent and that agent's name.
2. If the term of this Contract is extended by an amendment for a second fiscal
year , submit a satisfactory Audit within 150 days of CORPORA TION's fiscal year
encompassed by the first year of this Contract.
Page 3 of2 l
FY 201 6-1 7 General Fund Human Servi ce Grants (H SG) C ity/Non-Profit Co ntrac t
3. Document all PROGRAM costs by maintaining records in accordance with
Section III , Paragraph D below.
4. Submit to the CITY , based on an agreed upon schedule, a request for
payment , together with all supporting documentation . Invoices requesting disbursements
submitted after the expiration of the Contract will be honored only for eligible charges
incurred during the Contract term . All invoices must be submitted by the Contract
expiration date or within such other time period specified by the CITY for this Contract
term. Funds not disbursed will be returned to the City for future reallocation.
5. Cetiify current and continuous insurance coverage, subject to CITY approval
and in accordance with requirements as outlined in Exhibit E , "Insurance and Bond
Requirements."
6. Items 1) through 5) above are express conditions precedent to disbursement of
any CITY funding and failure to comply with these conditions will, at discretion of
CITY , result in suspension of funding or termination of this Contract.
7. If CORPORATION does not use Grant funds in accordance with the
requirements of this Contract ; CORPORATION is liable for repayment of all disallowed
costs. Disallowed costs may be identified through audits , monitoring or other sources.
CORPORATION is required to respond to any adverse findings, which may lead to
disallowed costs subject to provisions of OMB Circular A -122, "Cost Principles for Non-
Profit Organizations."
D. Establishment and Maintenance of Records. CORPORATION shall:
1. 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 , propetiy and all other petiinent
records sufficient to reflect properly (a) all direct and indirect costs of whatever nature
claimed to have been incurred or anticipated to be incuned to perform this Contract or to
operate the PROGRAM, and (b) all other matters covered by this Contract.
2 . Maintain client data demonstrating client eligibility for services provided for
the Program. Such data will include , but not be limited to, client name, address, income
level or other basis for determining eligibility, and description of service provided. Such
information will be made available to CITY monitors for review upon request.
E. Preservation of Records. CORPORATION will preserve and make available its records:
1. Until five years following date of final payment of this contract , or
2. For such longer period , if any as is required by applicable law; or
Page 4 of2 I
FY 2016-17 General Fund Human Se rvic e Grants (HS G) City/No n-P rofit Co ntra ct
3. If this Contract is completely or partially terminated , the records relating to the
work terminated will be preserved and made available for a period of five years from the
date of termination.
F. Examination of Records and Facilities. At any time during normal business hours , and as
often as may be deemed necessary , CORPORATION agrees that the CITY, and/or any duly
authorized representatives may until expiration of (a) five years after final payment under this
Contract, (b) five years from the date of termination of this Contract, or ( c) 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 Contract or the operation of the PROGRAM, and
all its records with respect to the PROGRAM and all matters covered by this Contract.
CORPORATION also agrees that CITY or any duly authorized representatives will 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, materials and all other data relating to the PROGRAM and matters covered by this
Contract. 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 repo11. The cost of any such audit will be borne by CITY.
G. Compliance with Law. CORPORATION will become fami li ar and comply with and
cause all its subcontractors , independent contractors , and employees , if any , to become familiar
and comply with all app licable federal, state and local laws , ordinances, codes , regulations and
decrees.
H. Suspension and Termination. Suspension or termination of this Contract may occur ifthe
CORPORATION materially fails to comply with any term of the award, and that the award may
be terminated for convenience.
I. Reversion of Assets. Upon expiration or termination of this Contract, the
CORPORATION will transfer to the CITY any HSG funds on hand at the time of expiration and
any accounts receivable attributable to the use of funds.
V. OBLIGATIONS OF CITY
A. Method of Payment. During the term of this Contract, CITY shall disburse HSG funds to
CORPORATION on a reimbursement basis unless otherwise provided herein for all allowable
costs and expenses incurred in connection with the PROGRAM, not to exceed the total sum of
Six Thousand and Five Hundred Dollars and No Cents ($6,500.00). CITY may, at any time
in its absolute discretion, elect to suspend or terminate payment to CORPORATION, in whole or
in pai1, pursuant to this Contract based on CORPORATION 'S non-compliance, including, but
not limited to, incomplete documentation of expenses, failure to substantially meet goals and
objectives as required in Exhibit B, ("Program Work Plan"), failure to submit adequate progress
reports as required herein or other incidents of non-compliance as described in Section VII,
Paragraph B of this Contract or based on the refusal by CORPORATION to accept any
additional conditions that may be imposed by City at any time to ensure compliance with the
terms of this Contract.
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FY 20 16-17 General Fund Human Service Grants (HSG) C ity/Non-Profit Co ntract
VI. PROGRAM COORDINATION
A. CITY. The CITY Executive will assign a single DIRECTOR for CITY who will render
overall supervision of the progress and performance of thi s Contract by CITY. All services
agreed to be performed by CITY will be at the overall direction of the DIRECTOR.
B. CORPORATION. As of the date hereof, CORPORATION has designated Margaret
Williams to serve as EXECUTIVE DIRECTOR and to assume overall responsibility for the
progress and execution of this Contract. The CITY will be immediately notified in writing of the
appointment of a new EXECUTIVE DIRECTOR.
C. NOTICES. All notices or other correspondence required or contemplated by this
Contract shall be sent to the parties at the following addresses:
CITY:
CORPORATION:
City of Cupe1iino
Attn: Senior Housing Planner
10300 Torre Avenue
Cupertino, CA 95014
Catholic Charities of Santa Clara County
Attn: Executive Director
2625 Zanker Road , Suite 200
San Jose, CA 95134
All notices will either be hand delivered or sent by United States mail , registered or ce1iified ,
postage prepaid. Notices given in such a manner will be deemed received when hand delivered
or seventy-two (72) hours after deposit in the United States mail. Any paiiy may change his or
her address for the purpose of this section by giving five days written notice of such change to
the other party in the manner provided in this section .
VII. CONTRACT COMPLIANCE
A. Monitoring and Evaluation of Services. Evaluation and monitoring of the PROGRAM
performance is the mutual responsibility of both CITY and CORPORATION. CORPORATION
must furnish all data, statements, records , information and repo1is necessary for DIRECTOR to
monitor, review and evaluate the performance of the PROGRAM and its components. CITY
will have the right to request the services of an outside agent to assist in any such evaluation.
Such services shall be paid for b y CITY.
B. Contract Noncompliance . If CORPORATION fails to comply with any provision of this
Contract; CITY will have the right to require corrective action to enforce compliance with such
provision as well as the right to suspend or terminate this Contract. Examples of noncompliance
include , but are not limited to :
1. If CORPORATION (with or without knowledge) has made any material
misrepresentation of any nature with respect to any information or data furnished to
CITY in connection with the PROGRAM.
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FY 2016-17 Ge neral Fund Human Service Grants (HSG) C ity/No n-Profit Co ntract
2. If there is pending litigation with respect to the performance by CORPORATION if
any of its duties or obligations under this Contract, which may materially jeopardize or
adversel y affect the undertaking of or the canying out of the PROGRAM.
3 . If CORPORATION has taken any action pertaining to the PROGRAM , which action
required CITY appro v al , and such approval was not obtained.
4. If CORPORATION is in default under any pro v ision of this Contract.
5. If CORPORATION makes illegal use of CITY funds.
6. If CORPORATION submits to CITY an y report which is inco1Tect or incomplete in
any material respect.
7. If CORPORATION fails to meet the stated objectives in Exhibit B ("Program Work
Plan").
C. Conective Action Procedure. CITY , in its absolute discretion and in lieu of immediately
terminating this Contract upon occurrence or discovery of noncompliance by CORPORATION
pursuant to this Contract, will have the right to give CORPORATION notice of CITY 'S
intention to consider conective action to enforce compliance . Such notice must indicate the
nature of the non-compliance and the procedure whereby CORPORATION will have the
opportunity to participate in formulating any corrective action recommendation. CITY will have
the right to require the presence of CORPORATION 'S officer(s) and EXECUTIVE DIRECTOR
at any hearing or meeting c alled for th e purpose of cons idering correcti ve action.
In the event that CORPORATION does not implement the conective action recommendations in
accordance with the corrective action timetable , CITY ma y suspend payments hereunder or
te1minate this Contract as set fo1ih in Section VIII below .
VIII. TERMINATION
A. Te1mination for Cause . CITY may terminate this Contract by providing written notice to
CORPORATION, for any of the following reasons: uncorrected Contract non-compliance as
defined in Section VII, Paragraph B; CORPORATION is in bankruptcy or receivership ; a
member of the CORPORATION 'S Board of Directors or the executive director is found to have
committed fraud or; there is reliable evidence that CORPORATION is unable to complete the
Program as described in the attached Exhibits. The date of termination will be as specified in the
notice.
B. Termination for Convenience. In addition to the CITY 'S right to terminate for cause set
forth in Section VII , either CITY or CORPORATION m ay suspend or terminate this Contract
for an y reason by giv ing thirty (30) days p rior written notice to th e other party. Upon receipt of
such notice , performance of the services hereunder will be immediately discontinued.
C . In the event that this Contract is terminated , CORPORA TON may be required to return
funds to the CITY .
Pa ge 7 of2 l
FY 2016 -1 7 Ge nera l Fun d Hum an Se rvice Gra nt s (HSG) C ity/No n-Pro fit Co nt rac t
D. Upon termination of this Contract , CORPORATION must immediately provide CITY
access to all documents , records , payroll, minutes of meetings , coITespondence and all other data
pertaining to Grant made to CORPORATION pursuant to this Contract.
IX. PROGRAM INCOME
Income generated by the Program, is considered Program Income . CORPORATION will
annually report all program income generated by activities carried out with grant funds made
available under this Contract. By way of further limitations , CORPORATION may use such
income during the Contract period for activities permitted under this Contract and shall reduce
requests for additional funds by the amount of any such program income balance on hand . All
unused program income shall be returned to the CITY at the end of the Contract period.
X. INDEPENDENT CONTRACTOR
This is a Contract by and between independent contractors and is not intended and will not be
construed to create the relationship of agent , servant, employee , partnership , joint ven ture or
association between CORPORATION and CITY. CORPORATION, including its officers ,
employees , agents or independent contractors or subcontractors , shall not have any claim under
this Contract or otherwise against CITY for any Social Security , Worker 's Compensation , or
employee benefits extended to employees of CITY.
XI. ASSIGNABILITY
CITY is entering into this Contract based on the experience, skill , and ability to perform of the
CORPORATION. The CORPORATION recognizes that its qualifications and identify are of
particular concern to the CITY in view of the CITY's interest in providing services to lower
income persons and the CITY's reliance on the unique qualifications of the CORPORATION.
Consequently, this Contract may not be assigned to another CORPORATION, person,
partnership or any other entity without the prior written approval of CITY. None of the work or
services to be performed hereunder may be assigned , delegated or subcontracted to third parties
without the prior written approval of CITY , which the CITY may withhold in its sole discretion.
Copies of all third party contracts shall be submitted to CITY at least ten days prior to the
proposed effective date. In the event CITY approves of an y such assignment, delegation or sub-
contract, the subcontractors, assignees or delegates CORPORATION shall remain fully liable for
all obligations and requirements under this Contract , including the performance and any
liabilities attaching to the assignees' actions or omissions .
Page 8 of21
FY 2016-17 Genera l Fund Human Se rvice Gra nts (HSG) C i ty/Non-Pro fit Co nt rac t
XII. CLIENT INFORMATION
CORPORATION agrees to maintain client records consistent with applicable laws regarding
personal privacy and obligations of confidentiality ..
XIII. HOLD HARMLESS
In addition to the indemnity obligations set forth in E xhibit E , "Insurance and Bond
Requirements," CORPORATION will indemnify and hold harmless the CITY, its employees ,
agents, and officials , members of boards and commissions , from any and all claims , actions,
suits , charges and judgments whatsoever, with respect to any damages , including attorney 's fees
and comi costs , arising out of the failure of the CORPORATION 's Program to comply with
applicable laws , ordinances , codes, regulations and decrees, including without limitation those
set f01ih in Exhibit E , "Certifications."
XIV. WAIVER OF RIGHTS AND REMEDIES
In no event will any payment by CITY constitute or be construed to be a waiver by CITY of any
breach of the covenants or conditions of this Contract or any default which may then exist on the
part of CORPORATION , and the making of any such payment while an y such breach or default
will in no way impair or prejudice an y right or remed y available to CITY with respect touch
breach or default. In no event will 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
Contract.
XV. NON-DISCRIMINATION
CORPORATION will comply with all applicable Federal , State and local laws and regulations
including the City of Cupertino 's policies concerning nondiscrimination and equal opportunity in
contracting. Such laws include but are not limited to the following : Title VII of the Civil Rights
Act of 1964 as amended; Americans with Disabilities Act of 1990 ; The Rehabilitation Act of
1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code
sections 12900 et seq.); and California Labor Code sections 1101and1102. CORPORATION
will not discriminate against any subcontractor, employee , or applicant for employment because
of age , race , color, national origin, ancestry , religion, sex /gender, sexual orientation, mental
disability, physical disability, medical condition , political beliefs , organizational affiliations , or
marital status in the recruitment, selection for training including apprenticeship , hiring ,
employment, utilization, promotion, layoff, rates of pa y or other forms of compensation. Nor
shall CORPORATION discriminate in provision of services provided in this Contract because of
age , race , color, national origin , ancestry, religion , sex/gender, sexual orientation , mental
disability, physical disability , medical condition , political beliefs , organizational affiliations , or
marital status.
This non-discrimination provision must be included in CORPORA TION 's contracts with sub-
contractors and vendors when utilizing the grant funds disbursed for this program.
Pa ge 9 of 2 I
FY 20 16-1 7 Ge neral Fund Hum an Se rvi ce Grant s (HSG) Cit y/No n-P ro fit Co ntr ac t
XVI. AMENDMENTS
Other than the amendment related to a second year renewal option as stated in Section III . above,
amendments to the terms or conditions of this Contract must be requested in writing by a duly
authorized representative of the party desiring such amendments , and any such amendment shall
be effective only upon the mutual agreement in writing of the parties hereto.
XVII. INTEGRATED DOCUMENT
This Contract 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 Contract shall affect or modify any of the terms of obligations
contained in any documents comprising this Contract.
XVIII. MISCELLANEOUS
A. Headings. The captions and section headings used in this Contract are for convenience of
reference only , and the words contained herein will , in no way, be held to explain, modify ,
amplify or aid in the interpretation, construction or meaning of the provisions of this Contract.
B. Exhibits. All Exhibits attached hereto and referred to in this Contract are incorporated
herein by this reference as if set forth fully herein. Exhibits are as follows: Exhibit "A"
(PROGRAM Description), Exhibit "B " (PROGRAM Work Plan), Exhibit "C" (Proposed
Implementation Time Schedule), Exhibit "D" (Program Budget), and Exhibit "E" (Insurance and
Bond Requirements).
C. Conflict oflnterest. In accordance with Government Code Section 1090 and the Political
Reform Act, Government Code Section 87100 et seq., except for approved eligible
administrative or personnel costs, no person who is an employee, agent, consultant, officer, or
any immediate family member of such person , or any elected or appointed official of the CITY
who exercises or has exercised any functions or responsibilities with respect to the activities
funded by this Contract or who is in a position to participate in a decision-making process, may
obtain a personal or financial interest or benefit from the activity, or have an interest in any
contract, subcontract or agreement with respect thereto , or the proceeds thereunder, during , or at
any time after, such person's tenure . The CORPORATION shall exercise due diligence to ensure
that the prohibition in this section is followed.
Further, no person who is a director, officer, partner, trustee or employee or consultant of the
CORPORATION, or immediate family member of any of the preceding, shall make or
participate in a decision, made by the CITY or a CITY board, commission or committee, if it is
reasonably foreseeable that the decision will have a material effect on any source of income ,
investment or interest in real property of that person or the CORPORATION.
Interpretation of this section shall be governed by the definitions and provisions used in the
Political Reform Act, Government Code Section 87100 et seq., its implementing regulations
manual and codes, and Government Code Section 1090.
Pa ge 10 of2 l
FY 20 16-17 General Fund Human Serv ice Grant s (HSG) C it y/Non-Pro fit Co ntra ct
D. Interpretation. Each party to this Contract has had an opportunity to review the Contract,
confer with legal counsel regarding the meaning of the Contract, and negotiate revisions to the
Contract. Accordingly, neither party shall rely upon Civil Code Section 1654 in order to interpret
any unce1iainty in the meaning of the Contract.
E. Third-Party Beneficiary . There shall be no third paiiy beneficiaries to this Contract.
F. Choice of Law and Venue . This Contract shall be governed by and construed in
accordance with California law. Venue shall be Santa Clara County.
G. Severability. If any term of this Contract is held by a court of competent jurisdiction to be ·
invalid , void or unenforceable , the remainder of the provisions shall continue in full force and
effect unless the rights and obligations of the parties have been materially altered or abridged by
such invalidation , voiding or unenforceability .
Page II of21
FY 2016-17 Ge neral Fund Human Se rvice Grants (HSG ) C ity/Non-P rofit Co ntract
IN WITNESS WHEREOF, the parties have executed this Contract the da y and year a bove written. The pa1tie s
signing below hereby warrant that they are dul y authorized to execute thi s Contract.
AGENCY: Catholic Charities of
Santa Clara County
By: (Y\ e.r~~ 1<-·\-\..J ; \ \ ~ C-M. s
(print name)
c;
PfljL~)J 1 ~
Margaret Williams Date
CITY OF CUPERTINO, a municipal
corporation:
By:
Date
Chief Administrative and Financial Officer City Manager
APPROVED AS TO FORM AND
LEGALITY:
Randolph Stevenson Hom
City Attorney
Date
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
100-72-712-700-702
PO#:
Original Contract (1 st Yr.):
Contract Amendment (2na Yr.):
Total:
ATTEST:
~.t:..SlAJt {g ~(-f&
Grace Schmidt Date
City Clerk
AMOUNT
$6,500.00
$0.00
$6,500.00
Page 12 of2 I
FY 2016-17 Genera l Fu nd Human Service Grants (HSG) City /No n-Profit Co nt ract
Agency Name:
EXHIBIT A
PROGRAM DESCRIPTION
Catholic Charities of Santa Clara County
Executive Director : Project Manager :
Margaret Williams Wanda Hale
Street Address: City:
2625 Zanker Road , Suite 200 San Jose
Te lephone number: Fax Number:
408.831.0420 x 423 N I A
Name of Projec t/Program:
Long-Term Care Ombudsman
Project/Program Location:
City ofCupe1tino Long-Term Care Facilities
Project Description:
Grant # (For Office Use Only)
HSG-2016-1
State: I Zip Code:
CA 95134
Project Manager E-m ai l Address:
whale@catholiccharitiesscc .org
Long Term Care Ombudsman Program (L TCOP) is authorized by the federal Older Americans Act , as well as state 's
Older Californian Act to advocate for the rights of seniors and disabled re sidents in lon g term care facilities . The
main function of the Ombudsman Program is to investi ga te and endeavor to resolve complaints made by or on behalf
of residents related to issues of quality of care and abuse. The L TCOP promotes the interest , well -being and rights of
long term care facility residents. Long Term Care (L TC) Ombudsmen protect and help improve th e quality of care
and life for the frailest of our senior and disabled population .
Living in a long term care facility is often not the first choice for an yone. Many seniors and disabled adults have
little option but to live in a facility and for thi s rea so n it is very impo1tant that their rights are protected . Often, lon g
term care residents lack the ability to exercise their rights or voice complaints about their circumstances . he L TCOP
will accomplish our goals by conductin g a minimum of 48 unannounced site visits to licensed Cupertino long term
care facilities during which we will make contact with a minimum of224 unduplicated re s idents. A minimum of 16
complaints will be identified , received , inve sti gate d and resolved as a result of the regular presence of a L TC
Ombudsman . In addition , through the response to all consumer telephone inquiries the L TCOP will partner with
residents , their families, and long term care facilities to address issue s to improve the quality of life of the re s idents
in the facilities.
Page 13 of2 I
FY 2016-17 Ge nera l Fund Human Serv ice Gran ts (H SG) C ity/Non-Profit Co ntract
EXHIBIT B
PROGRAM WORK PLAN
FY 2016/17
AGENCY NAME: Catholic Charities of Santa Clara County
PROGRAM NAME: Long-Term Care Ombudsman
Benchmarks for Each Quarter
Objectives
l st 2"d 3 rd 4th
Unannounced site visits to 5 targeted
12 Cupertino Long-Term Care Facilities 12 12 12
Contact with unduplicated residents 56 56 56 56
Investigate and resol ve complaints 4 4 4 4
Pagel4of2 1
FY 2016-1 7 Ge nera l Fund Hum an Se rvi ce Gra nt s (HSG) City/No n-Profit Co nt rac t
TOTAL
48
224
16
EXHIBIT C
PROPOSED IMPLEMENT A TI ON TIMELINE SCHEDULE
FY 2016/17
AGENCY NAME: Catholic Charities of Santa Clara County
PROGRM NAME: Long-Term Care Ombudsman
A .. N b &D cttv1ty um er escnpt10n:
!.) Unannounced Site Visits to 5 Cupertino Long-Term Care Facilities
2.) Contact Unduplicated Residents
3 .) Investigate and Resolve Complaints
Activity# Jul AU!!: Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total
1 4 4 4 4 4 4 4 4 4 4 4 4 48
2 20 20 20 20 20 20 20 20 20 20 10 14 224
3 1 1 2 1 1 2 1 1 2 1 1 2 16
Page 15 of2 l
FY 20 16-17 General Fu nd Human Service Grants (HSG) C ity/Non-Profi t Con tract
EXHIBITD
PROGRAM BUDGET
FY 2016/17
Agency Name: Catholic Charities of Santa Clara County
Project Name: Long-Term Care Ombudsman
Proposed Project Expenses
Salaries/Benefits/Payroll/Taxes
Other
rTotal Expenses
Page 16 of2 I
FY 2016-1 7 Ge nera l Fund Human Serv ice Grant s (HSG) City/No n-Pr ofi t Co nt rac t
FY 2016/17
$6 ,500.00
$0.00
$6,500.00
EXHIBIT E
BASIC INSURANCE AND BOND REQUIREMENTS FOR
NON-PROFIT CONTRACTS
Definition of Contractor: The "Contractor" as the word is used in this Exhibit E is the paiiy
contracting with the City of Cupe1iino for the direct distribution of HSG funds.
Indemnity
The Contractor shall indemnify, defend , and hold harmless the City of Cupertino (hereinafter
"City"), its officers, agents and employees from any loss , liability , claim, injury or damage
arising out of, or in connection with performance of this Contract by Contractor and/or its agents,
employees or subcontractors, excepting only loss , injury or damage caused solely by the acts or
omissions of personnel employed by the City. It is the intent of the parties to this Contract to
provide the broadest possible coverage for the City. The Contractor shall reimburse the City 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 City under this Contract.
Insurance
Without limiting the Contractor's indemnification of the City , the Contractor shall provide and
maintain at its own expense, during the term of this Contract, or as may be fmiher required
herein , the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Contract, the Contractor shall provide on the City's own form or a
form approved by the City's Insurance Manager an original plus one copy of a Ce1iificate 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. The City's Special Endorsement form shall accompany the
certificate . Individual endorsements executed by the insurance carrier may be substituted for the
City's Special Endorsement form if they provide the coverage as required . In addition , a ce1iified
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 City's Certificate of
Insurance form and to the Community Development Department at the address set forth in this
Contract at Section VI. PROGRAM COORDINATION, Paragraph C., NOTICES. The
Contractor 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 City. This approval
of insurance shall neither relieve nor decrease the liability of the Contractor.
B . Notice of Cancellation of Reduction of Coverage
All policies shall contain a special provision for thirty (30) days prior written notice of any
cancellation or reduction in coverage to be sent to the Community Development Depaiiment,
10300 Torre Avenue, Cupertino , CA 95014.
Pa ge 17 of 2 I
FY 2016 -17 General Fund Hum an Serv i ce Grant s (H SG) C ity/Non-P ro fit Co ntra ct
C. Qualifying Insurers
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 Cit y's Insurance 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 dollars ($1 ,000 ,000)
combined single limit (CSL) per occurrence .
OR
2. Commercial General Liability Insurance -for bodily mJury (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, the caITier
shall provide the City Insurance Manager with a quaiierly repo1i of the amount of
aggregate limits expended to that date. If over 50% of the aggregate limits have been paid
or reserved , the City may require additional coverage to be purchased by the Contractor
to restore the required limits.
3. For either type of 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 City.
c. Contractual Liability expressly including liability assumed under this Contract.
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 limits of liability.
Page 18 of2 l
FY 201 6-1 7 General Fund Human Se rvi ce Grant s (H SG ) C ity/N on-Profit Co ntra ct
4 . For either type of insurance , coverage shall include the following endorsements , copies of
which shall be provided to the City :
a. Additional Insured Endorsement:
Such insurance as is afforded by this policy shall also apply to the City of
Cupertino , and members of the City Council , and the officers, agents and
employees of the City of Cupe1iino , 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 City of Cupertino , 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:
This policy may not be cancelled nor the coverage reduced by the Company
without 30 days prior written notice of such cancellation or reduction in coverage
to the City of Cupertino at the address shown on the Certificate of Insurance.
d. Contractual Liability Endorsement:
This policy shall apply to liability assumed by the insured under written contract
with the City of Cupertino.
e . Personal Injury Endorsement:
The provisions of this policy shall provide Personal Injury coverage.
f. Severability of Interest Endorsement:
The insurance afforded by this policy shall apply separately to each insured that 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 occmTence applicable to all owned , non-owned
and hired vehicles.
6. Worker's Compensation and Employer's Liability Insurance for :
a. Statutory California Workers' Compensation co verage including a broad form all-
states endorsement.
Pa ge 19 of 2 I
FY 2016-17 General Fund Hum an Service Grant s (HS G) Cit y/No n-Profit Co ntra ct
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.
c. Inclusion of the City and its governing board(s), officers , representatives, agents ,
and employees as additional insureds, or a waiver of subrogation.
7. Professional Errors and Omissions Liability Insurance
This type of insurance should be provided by persons/entities you contract with to
provide you with professional services.
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 dollars ($10 ,000) per occurrence/event.
c. This coverage shall be maintained for a minimum of two (2) years following
termination of this Contract.
The City must first approve any exceptions to the above requirements.
8. Bond Requirements
Fidelity Bond -Before rece1v111g compensation under this Contract, Contractor will
furnish City with evidence that all officials, employees , and agents handling or having
access to funds received or disbursed under this Contract, or authorized 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 City cited
herein. If such bond is cancelled or reduced, Contractor will notify City immediately, and
City may withhold further payment to Contractor until proper coverage has been
obtained. Failure to give such notice may be cause for termination of this Contract, at the
option of the City.
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 Contractor and any approval of said insurance by the City 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 Contract, including but not limited to the provisions concerning
indemnification .
b. The City acknowledges that some insurance requirements contained in this
Contract may be fulfilled by self-insurance on the part of the Contractor.
Page 20 of2 I
FY 2016-17 Ge neral Fund Hum an Service Grants (HSG) Cit y/No n-Profit Co ntra ct
However, this shall not in any way limit liabilities assumed by the Contractor
under this Contract. The City shall approve any self-insurance in writing .
c. The City reserves the right to withhold payments to the Contractor in the event of
material noncompliance with the insurance requirements outlined above.
d. If the Contractor fails to maintain such insurance as is called for herein, the City
must order the Contractor to immediatel y suspend work at Contractor's expense
until a new policy of insurance is in effect.
Page2 1 of21
FY 201 6-17 Ge neral Fund Hum an Se rvi ce Grant s (HSG) C it y/N on-Profit Co ntra ct