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Home My WebLink AboutSanta Clara County - 2014 Homeless Census and Survey ProjectAGREEMENT BETWEEN THE CITY OF GILROY AND THE COUNTY OF SANTA CLARA FOR THE HOINIELESS CENSUS AND SURVEY PROJECT FOR FISCAL YEAR 2015 This Agreement (Agreement) is between the.City of GILROY (CITY) and the County of Santa Clara (COUNTY) on behalf of the Santa Clara Valley Health &;Hospital Mental Health Department (SCCMHD). Purpose This Agreement pertains to a collaborative endeavor between the CITY, COUNTY, and the City of San Jose. CITY will provide funding to COUNTY, who in turn will transfer the funds to the City of San Jose for the 2015 Homeless Census and Survey Project. The goal is to administer a survey and census to det_erm.ine the Scope of homelessness in the County of Santa Clara. This Agreement states the specific responsibilities of each party. IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. CITY Responsibilities a. CITY shall provide COUNTY funds, in an amount described in Section 4 (Compensation) of this Agreement, for census services provided by Applied Survey Research Inc. (CONTRACTOR). CONTRACTOR will administer the 2015 Homeless Census Survey. 2. COUNTY Responsibilities a. COUNTY shall transfer the funds received from CITY to the City of San Jose for the payment of CONTRACTOR's census and survey administration services. 3. Term The term of the Agreement is from December 1, 2014, up to and including, June 30, . 2015. 4. Compensation CITY shall provide COUNTY with a one =time payment of 53,074.49. CITY will not be responsible for more than the Maximum Financial Obligation of $3,074.49. 5. Termination Either party may terminate this Agreement with or without cause upon 30-days written notice to the other party. 6. Amendments This Agreement may be modified provided the County Board of Supervisors l 4 123 PIAR 2 4 2015 AGREEMENT between COUNTY OF SANTA CLARA onb&d.f of THE SANTA CLARAVALLEY HEALTH & HOSPITAL MENTAL HEALTH DEPARTMENT and THE CITY OF GILROY FOR FISCAL YEAR 2015 approves the amendment or has delegated authority to the Santa Clara County Mental Health Department (SCCMHD) to amend this Agreement, and provided the parties execute a written amendment reflecting the modification. 7. Notices All notices prescribed by this Agreement-must be in writing and must be deemed effective upon their deposit in the United States mail,,postage prcpaid'with:return receipt requested and addressed: To COUNTY: Don Casillas, Contracts Manager Mental Health Department Contracts .Administration 828 S. Bascom Avenue, Suite 200 San Jose, CA 95128 To CITY: Daniel Murillo HCD Grants Coordinator[ City of Gilroy 7351 Rosanna-St. Gilroy, CA 95020 8. Indemnification In lieu of and not withstanding the pro rata risk allocation which might otherwise be. imposed between the'Parties pursuant to Government Code Section 9.95.6, the Parties aa'ree that all tosses or liabilities incurred by a party are not to be,shared pro rata but instead the CITY and the COUNTY agree that pursuant to Government Code Section 89.4, each of the parties hereto must fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying .party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or . jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof is responsible for any damage or liability occurring by reason of the negligent acts 'or omissions or willfitl misconduct of other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other :parties under this Agreement. 9. Insurance Without limiting the indemnification of either party to this Agreement, each party shall maintain or cause to be maintained the following insurance coverage: (1) a policy of Page 2 of 5 AGREEMENT between COUNT)' OF SANTA CLARA on behalf: of THE SANTA CLARAVALLEY HEALTH & HOSPITAL MENTAL HEALTH DEPARTMENT and THE CITY OF GILROY FOR FISCAL_ YEAR 2015 commercial general liability with limits of liability not less than one million dollars (S 1,000,000) per occurrence and one million dollars (S 1,000,000) annual. aggregate; (ii) a policy of workers' compensation providing statutory coverage; (iii) a policy of professional errors and omissions liability .with limits- of liability not less than one million dollars ($1,000,000) per occurrence/aggregate; and (iv) such other insurance or self - insurance as shall be necessary to insure it against any claim or claims for damages arising under the Agreement. Insurance afforded by the commercial general liability policy shall be endorsed to provide coverage to the other party of,the Agreement as an additional insured. Each party to this Agreement shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. The requirements of this section may be satisfied by the.provision of similar coverage through a.self- insurance program. Authorized to Self - Unsure: Notlung in the Agreement shall preclude CONTRACTOR and CITY from self- insuring all requirements mentioned in this section. 10. Non- Discrimination CITY and COUNTY must comply -with atl applicable federal, state,, and local laws and regulations including Santa Clara County'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); Califomia Fair Employment acid Housing Act (Government Code. sections .12900 el seq.); and California Labor Code sections l 101 and 1102. CITY and COUNTY must 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 pay or other forms of compensation. Nor must CITY and COUNTY discriminate in provision of services provided under 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. 11. Miscellaneous This Agreement will be binding upon the successors, assigns, heirs, and beneficiaries of the parties hereto,, subject to the provisions of Section 17.. (Assignment) of this Agreement. The paragraph headings used in this Agreement arc intended `solely for convenience of reference and will not in any way or manner amplify, limit, modify or otherwise be used in the interpretation of any of the provisions of this Agreement. 12. Entirety This Agreement, including its exhibits, reflects the sole and entire Agreement Page 3 of 5 AGREEMENT between COUNTY OF SANTA CLARA on behalf of THE SANTA CLAR..AA LLEY HEALTH & HOSPITAL NIENTAL'HEALTH DEPARTMENT and TI•IE CITY OF GILROY FOR FISCAL YEAR 2015 between COUNTY and CITY withrespect'to the subject matter hereof and will. supersede all prior agreements between the parties as of the effective date hereof. The parties acknowledge and agree that they have not made any other representations with respect to the subject matter of this Agreement, or any representations inducing its execution and delivery except such representations as are specifically set forth herein. 13. Severability In the event any one or more of-the provisions contained in this Agreement are, for any reason, held to be invalid, illegal, or unenforceable in any respect, it will not affect any other provision of this Agreement: This Agreement will be construed . as if such invalid, illegal or unenforceable provision had never been .contained herein. 14. Governing LawNenuc This Agreement has been executed and. delivered in, and will be construed and enforced in accordance with, the law of the State of California. Venue will be in the County of Santa Clara, California. 15. Waiver No delay or failure to require performance of any provision of this Agreement will constitute a waiver of that provision as to that or any other instance. Any waiver granted by a party must be in writing, and will apply to the specific instance expressly stated. 16. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, but all of which together will constitute one and the same instrument. 17. Assignment Rights and obligations under this Agreement may not be assigned or delegated, in whole or in part, without the prior written consent of the other,party. CITY will give COUNTY a minimum of thirty (30) days to consider any request to assign, prior to the proposed effective date of such assignment. Failure to obtain prior written consent to an assignment will be deemed a material breach of this Agreement. Upon an authorized assignment, CITY will ensure that the terms and conditions-of this Agreement will inure to the benefit of COUNTY and be binding upon the successor and assignees, except such terms and conditions as may be expressly waived, in writing, by COUNTY. Pa,c4of5 AGRI- ENIENT between COUNTY OF SA\, r[* \ CLARA on behalf of THE SANTA CLARAVALLIY HEALTII & HOSPITAL MENTAL HEAL; II I DEPARTMENT and THE CITY OF GILROY FOR FISCAL YEAR 2015 IN WITNESS WHEREOF, the parties have executed this Agreement as indicated below: APPROVED BY: - z tc jts �< e Toy Haglund Date sew City Administrator Sant: .lara Valley Health & Hospital System City of Gilroy APPROVED AS TO FORM AND LEGALITY: C A2Lfk'� Greta Hansen Date Lea eputy County Counsel Santa Clara County APPRO �2 A Date DAt/e.- - - President, Board of Supervisors Si;ned and certified that a copy of this document has been delivered by electronic or other means to the President, Board of Supervisors ATTEST: r 9bP 2 4 2015 Ocrk- a anz Date of the Board Supervisors Approved as to Form. Gilroy City Attomey's ofd 'r, n City Attomey Page 5 of 5 OABAG PLAN Corporation ISSUE DA rE (Nt%I,DD YY') CERTIFICATE OF COVERAGE 1/162015 THIS CERTIFICATE is VSUFD AS A MATTER OF /\FORMATION ON&V AND CO\F'ERS BROKER` Alliant Insurance Service, Inc. . NO RIGHTSUMNTUF CERTTFTCATE HOLDEIL THIS CERTOIC ATE IMS \OT AMEND. 100 Pine. Street, I I th Floor r,_%'TE:ND on ALTER ruE COV FkAr.EAFFORDED BY Tt1E eclr:R:Its eEt o�ti'. COIIPA'IES AFFORDING COVERAGE San Francisco, CA 94111 4151403 -1400. PROVIDER: ABAG PLAN CORPORATION P.O. BOX 2050 COMPANY A ABAG PLAN Corporation C OMPANV OAKLAND, CA 94604 -2050 B Ins. Co. Of The State of Pennsvlvania CON(PANY C . National Casualtv Companv (Civic Risk) 510/464 -7969 Covert_ d Party: Gilroy City I[all, 7351 Rosanna Street Gilroy, CA 95020 COMPANY D Lexington Insurance Company C OMPAV'�' 1HISD tOCERIIFY THAT CO\ERAGE.A'aIEF. IE TS LISTED BELOW wkvii. BEEN ISSUED TO THE I.\SL'REDNAUED'ABOVE FOR, 111EIYiR1UO1\WCAIFD. N9n&1THSTA: \DINGA\Y RE(;I:TRESlF�T; TER.11 OR CO\DMO\ OF A. \l' Cos TRACT OR O(IIF.R INiCItNIE \T ATIH StESPECI TU t�7tiCli �rlD3CERrIftCALE >I: \Y IiF: ISSt'ED OR 41:1}• PERTAIN. illE CO }'ER \GE iFFORDEO_ BY THE Nl1CIESDESCRIBED HEREIN L; SUBJECT TO ALL TI IE tMMS. EXCLUSIONS A. \D C01T$AUNS OF SUCH AGREE}t V" ' POLICY POLICV LIABILITI':LIMU EACti _ GCCURRF.. \C'E ,AGGREGATE CO LTR TYPE OF COVERAGE rOi.lCl' tiUain£lt EFFECTIVE DATE EXP[ttATION DATE. A GEINERU. LIABILITY CAL 2014 -15 7/01/2011 7/01/2015 Combined 'S5,000 ;000 Singh Limit X Co >ImmuiNSIVE FORM (CSL) X PRODUCT COMPLETFD OPERATIONS X PREMLSFS 101- EILATIO \S X L1DER(:R(K.'�D FXPLOSIO\ & COLLAPSE I IAZARD X COVTRlCTUAi. FBROAD ,X1 FORM OPOPER ry DAm. -%c. : A ALTO.%1Ol3lLE L1AB14CTV GAL 201; -15 7/012014 7/01/2015 Combined 55,000 ;000 X ANY ALrrO Single Limit X ALLOWNED AUTO (CSL) X kE"j_T i l.iiASC, \ltTO - OWINED AUTOS GAP -%Gr-. LL.WiLrrr- B Excess Creheml& Auto Liability Public Official ;s E$O 6907982 7/01/2014 7/012015 CSL S10,000 ;000 S10,000,000 C XC00000316 7101/2014 7/012015 CSL $1�,900,000 S15,000,000 •D - PROPER 'I'V INSURANCE 017471589 7/01/_014 71111172015 CSL S 25,000,000 PRoPLR I ti' (FH;Y sClhYfitle) X P�t�PER r%, j rSPECI,V. FORK Hu11F.R & \IAC'tl S25,000,000 X I BOILER & ,LIACIIIVGRY DESCRIPTION: General liability includes Personal Injury and Public Officials Errors and Omissions Liability. This Certificate is issued as proof the above -named Covered P.uty is an active member and in good standing with cow-rage as indicated above. CERTIFICATE HOLDER Lr NUELLAtivty Department Attention: Don Casillas, Contracts Mannaer 828 S. Bascom avenue, Suite 200 San Jose CGS 95128 suouI.D .%. \f' OF ntE .%BM'E IIE CANCMLED BEFORE. TOE E):init.,mo% DATE riwtui i ritE PROvweRlmR%iDEE1A1LL8\DEAVOR TO MIL xoAv wur1TE\ \oTt('E r(1'niE CF)rrtFICATE- IIOLDLTI �.L \t FD to CITE LEE? 110 %EVEIL FAILS RE TO LIAR. SUCH NOTICE SH- %L ..14 POSE NO 0111.1C-MON OR Li %ciLrr%' OF 4\v 61 \D t'r l\ i HE co%t P.t \Y. n-s ,\CE]TS OR REPRESE\T:LTK'ES. l `) James 1'IiU, PLAN Risk Manager ABAG PLAN Corporation Administered by the OAs ociation o1*13ay Area Governments