HomeMy WebLinkAboutStaff Report 210-05EXHIBIT "A"
PALO ALTO SENIOR HOUSING PROJECT, INC.
HOT WATER PIPING SYSTEM PROJECT
SCOPE OF SERVICES
Palo Alto Senior Housing Project, Inc. is a community-based
nonprofi t agency providing independent living facilities with
supportive services for low-income senior citizens in Palo Alto,
California. Stevenson House is an affordable housing facility with
120 housing units. The Agency also offers a wide range of
services, such as social activities, a subsidized lunch program and
a wellness clinic. Stevenson House presently has 135 residents,
all of whom are low-income seniors. .
This project consists of refurbishing the hot water piping system
and replacing the walk-in cooler/freezer. This includes:
replacement of pipe insulation, fittings, and shields; metal caps
and pipe supports; and· addi tional piping to provide clearance
between insulated piping and the roof. The major tasks that Palo
Alto Senior Housing Project, Inc. will perform in connection with
the project include, but are not limited to, the following:
1. Apply for City required permits and/or variances based on
proposed repairs and upgrade to the existing hot water
piping system.
2. Prepare bi'd specifications in accordance with federal
regulations including, but not limited to, prevailing
wage and competitive bid requirements.
3. Select contractor.
4. Attend pre-construction conference.
5. Refurbish the hot water pipe system.
050404 syn 0120008
a. Remove all exposed pipe insulation.
b. Provide new code thickness insulation with metal
wrap and durable fittings, insulation blocks and
metal shields.
c. Provide metal caps for all sleepers (wood pipe
supports) .
d. Provide new struts (metal pipe supports).
e. Make necessary piping revisions to provide
clearance between insulated piping and the roof.
1
NOW, THEREFORE, in 'consideration of the covenants,
terms, conditions,' and provisions set forth in this Agreement,
the parties agree:
SECTION 1. TERM
1.1 Time of Performance. This Agreement shall
commence on the' day above written 'and terminate on June 30,
2005. The term of this agreement and the provisions herein
shall be extended to cover any additional time period during
. which the Borrower remains in control of Funds or other assets
including program income.
SECTION 2. SCOPE OF SERVICE
2.1 Activities. B~r~ower shall refurbish the hot
water piping' system .at the Stevenson. House at 455 E. Charleston
Road, in Palo Alto ("Project"), as, more fully. described in
Exhibit "A"which is incorporated herein by reference and made a
part ~f this' agreement. '. .' .
2.2 Provision of Funds. The City will loan Borrower
the sum of money not to exceed Thirty-Eight Thousand Two· Hundred'
Sixty Doliars' ($38,260) drawn from i,ts CDBG funds for
r.efurbishing the hot water. piping system.. Payme;nts shall be
made to Borrower only for costs incurred on or after the
effective date ·of this Agr~ement. City shall make. funds
available to Borrower on the following basis:
( 1) Ci ty 'has reviewed and approved the bid¢l.ing
(2)
process and the contract for the
rehabilitation work; and
Borrower. has provided Ci ty
the actual invoice(s) for
performed in accordance with
with a copy of
work done and
this Agreement;
(3 )Proj ect' is in compliance with all Federal f
State and City Rules and Regulations.
2.3 Performance Monitoring. The Ci tywill I?oni tor
the performance of the Borrower against goals and performance
standards required herein. City will' retain a consultant who
will monitor labor to be performed pursuant to this Agreement
according to Davis..,.Bacon Act standards (" Consul tant ") : CITY
will be responsible for directing' all work to be performed by
Consul taht, and Consultant will report directly to CITY.
BORROWER agrees, that CITY shall charge the cost of the Labor
040805. syn 8250082 2
Monitoring Consultant against, the proj ect· funds. Total cost for
such labor monitoring services will not exceed . Three Thousand
Five Hundred Dollars ($3,500) and will be paid from the project
funds . Any unexpended funds, after payment' of all labor
monitoring costs may be used by BORROWER" fo~ construction costs.
Substandard performance as determined by the City will
constitute non-compliance with this Agreement. If action to
correct such substandard performance is not taken by the
Borrower within a reasonable. period of time after being notified
by the City, contract suspension or termination procedures will
be initiated.
SECTION 3. TRANSFER OF FUNDS AND . SECURITY.
3 . 1 . City Loan. Ci tyshall pay to Borrower a sum of
money in an amount not to exceed Thirty-EigJ}.t Thousand Two
Hundred S'ixty Dollars ($38,260) for the purposes .set forth in
Section 2 and Exhibi t"A" . Payment of such :sum.· shall be
evidenced by a promissory note ( "Note"), in the form attached
hereto as Exhibit"B" and incorp9rated herein by this reference.
The entire sum transferred, and any part of it, shall, at the
option of City, become immediately due and payable upon the
occurrence of any of the following conditions:
(a) The failure by Borrower to commence and complete
the Proj ect services' set forth in this Agreement
within a period of one (I) year after the date of
thi·s Agreement i
.(b) The sale, transfer,' or other disposition by
Borrower of the Facility without the . prior
written consent of City prior to July I, 2010i
(c) A use by Borrower·· of the . Facili ty, prior to
July I, 2010, ·which violates the applicable
provisions of ·Ci ty' s Charter, ordinances, or
regulations, or which is not an "eligible
activity" Under the Program of the Housing and
Community Developmt?nt Acts of 1974 and 1977, as
amended, and the regulatio~s issued pursuant
thereto, by HUD or a successor agencYi or
. (d) An uncured default under this' Agreement or the
Note.
If, on ~uly I, 2010, conditions (a), (b) and (c) have
not occurred and there are no uncured' defaul ts under this
Agreement or the Note, the funds transferred to Borrower under
040805 syn 8250082 3
and no amount shall be, due to City under the Note or this
Agreement.
This shall, be a simple interest, noncompounding loan
wi th interest at6 percent (6%) per annum. It is agreed :and
underst'ood' that the 16an shall be nonamortizing, and all
payments of interest and principal shall be' deferred until
July 1, 2010, as long as Borrower continues to comply with all
terms and conditions of this Agreement . Both principal 'and
accrued interest shall be forgiven by the City on July, 1, 2010'
if Borrower has satisfactorily complied with all terms and
condi tions of this Agreement. If at any time any of the' above
conditions are not met,City has the right to demand' repayment
, of the Thirty-Ei'ght Thousahd' Two Hundred Sixty,' Dollars
($38,260), ,phis' all accrued interest 'and ,any other costs or,
amounts due.
SECTION 4. NOTICES
4.1 Communications. All notices, correspondence, and
other communications concerning this Agreement shall be directed
to the parties' duly authorized representatives at the addresses
set forth below or at any other addresses as may be noticed,in
writing:
CIT~:
BORROWER:
City of Palo Alto
Department of Planning &
Community ',Environment
Attn: CDBG ,Coordinator
250 ,Hamilton Avenue
Palo Al~o, CA 94301
'Palo Alto Housing Proje~t, Inc.
Attn: Executive Director
455E. Charleston Road
Palo Alto, CA 94306
SECTION 5. SPECIAL CONDITIONS
5.1 Compliance with Federa'l Regulations. The
Borrower agrees to comply with the requirements of the Housing
and Urban Development regulations concerning Community
Development Block ·Grants (24 CFR Part 570) and all federal
regulations and policies issued pursuant to these Regulations.
The Borrower further agrees to utilize Funds available under
this Agreement to supplement rather than supplant Funds
otherwise available.
040805 syn 8250082 4
6.5 Funding Recognition. The Borrower shall ensure
recog~ition of the role of the City in providing services
through this Agreement. All activities, facilities and items
utilized pursuant to this Agreement shall be prominently labeled
as to funding source. In addition~ the Borrower will include a
reference to the support provided herein in all pUblications
mad~ possible' with Funds made availabl'e ·under this Agreement.
6.6 Amendments. The partie's may amend this Agreement
at any time provided that such amendments make specific
reference to this Agreement, and· are executed in writing, and
signed. by their duly . authorized representati ves. Such
amendments shall not invalidate this Agreement, 'nor relieve or
release any party from its 'obligations under this .Agreement. At
any time during the term of this Agreement, the City, in its
. discretion, may' amend this Agreement to conform with federal,
state or local governmental guidelines, policies and available
funding amounts, . or for any other. re.asons. If such amendments
resul t in a cha~ge in the funding, the scope of Services, or'
schedule of, the activities to be unde.rtaken as part of this
Agreement, such modifications will be incorporated only by
wri tben amendffient signed by' the parties.
6.7 Suspension or Termination.
6.7.1 Either party may terminate this Agreement at
any ,time by giving written notice. to the other party of such
termination and specifying the effective date thereof at least
30 days before the effective date of such termination. If
Borrower terminates the' Agreement, all sums transferred to
Borrower pursuant ·to this Agreement and the Note shall become
immediately due and payable to City. Partial termination of the
scope of Services described in Exhibit "A" may only be
undertaken with the prior 'approval of the ·CITY.
6.7.2 The CITY may also suspend. or terminate this
Agreement, in whole or in part, if the BORROWER materially fails
to comply with any covenant, term, condition, or provision of
this· Agreement, or with any of the rules, regulations or
provision referred tohereini and the CITY may declare the
BORROWER ineligible for any further participation in CITY
contracts, in addi tion to other remedies as provided by Law. In'
the event there is probable cause to believe the BORROWER is ,in
noncompliance with any applicable rules or regulations, . the CITY
may withhold up to fifteen percent (15%) of the Funds until such
time as the BORROWER is found to be in' compliance by the City,
or is otherwise adjudicated to be in compliance.
040805 syn 8250082 6
shall be returned to the City at the end of the term of this
Agreement. Any interest earned on cash advances fr6:tnthe United
States. Treasury is not Program InGome and shall be remitted
promptly to the City.
7.3.3 .Irtdirect Cqsts. If indirect costs are charged,
the Borrower shall develop an indirect cost allocation plan for
determining ·the appropriate City shareo·f administrative costs
'and shall submit such plan to the City for .approval, in a form
specified by the City.
7.3.4 Payment Procedures . The City will pay to the
Borrower' Funds available under this Agreement based upon
information submitted by the' Borrower .and cbnsistentwi th· any-
approved budget and City policy concerning payments. With the
exc~ption 'of certain' advances, payments· will b~ made for
eligible expenses actually incurred by the Borrower, and not to
exceedactp.al cash requirements . Payments will be adjusted by
the . City . in accordance with advance fund and program income
balances available. in the Borrower accounts. -In addi tion, the
City reserves the right to liquidate Funds avai1,able under this
Agreement. for costs incurred by the City on behalf of the
Borrower.
7 .3.5 Progress Reports. The Borrower shall be
responsible for filing .periodic reports ; including but not
limited to monthly activity reports and weekly certified wage
payment reports which evaluate the manner in which the' 'project
is achieving its . goals and objectives according to standards
established by City. The report shall be on forms approved by
City and shall be filed within five (5) days of the request by
the City.
·7.4 Procurement.
·7.4.1. Compliance. The Borrower' shall comply with
current City policy concerning the purchase of equipment . and
shall maintain inventory records of all non-expendable personal
property as defined by such policy as may be procured with Funds
provided herein. All program assets, including, without
limitation, unexpended program income, property, and equipment,
shall revert to th.e City upon. termination of this Agreement.
7.4.2 OMB Standards. .The Borrower shall procure
materials in accordance .withthe requirements of AttachmentO·of
OMB Circular A-IIO, Procurement Standards ,and shall
subsequently follow Attachment Nof OMB Circular A-IIO, Property
040805 syn 8250082 10
· .
following:' hiring, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff, termination, rates' of pay 'or
other forms of compensation, and selection for training ,
including apprenticeship. The Borrower agrees to post in
conspicl.lous places, available to employees and applicants for
employment, notices to be provided by the contracting agency
setting forth the'provision'qf this nondiscrimination clause.
8.1.3 'Land Covenants. This Agreement is subject to
the requirements of Title VI of the Civil Rights Act of, 1964, as
amenqed, and 24 CPR Part 570.601 and 602. In regard to the
sale, lease, or other transfer of land acquired" cleared or
improved with assistance provided under this Agreement, the
Borrower shall 'cause or require a covenant running with the land
to be inserted in the deed or lease for such transfer,
prohibiting discrimination as herein, defined, ,in the sale, lease
or rental, ,or in the use or occupancy ,of such land, or in any,
improyements erected or to be erected thereon, providing that
the City and theUni ted States are berief,iciaries of and entitled
to enforce such covenants. The Borrower, in undertaking its
obligation to carry out the 'CDBGProgramassistedhereunder,
agrees to take such measures as are, necessary to enforce such
covenant, and will not itself'so discriminate.
8 . 1 . 4 Section 504. The Borrower agrees to comply
with any federal regulations issued pursuant to and, in
compliance with Section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 706) ,as amended, which' prohibits discrimination
against the, disabled in any federally assisted program. The
Ci ty ,shall provide the Borrower with any guidelines necessary
for compliance with. that portion of the regulations in force
during the term of this Agreemen't.
8.2 Affirmative Action.
8.2.1 Compliance wi th California C~nsti tution.
Article I, Section 31 of the California Constitution, adopted by,
the' People of' the State of California as Proposition 209 in
1'996, prohibits the City from discrimination or the grant' of
preferential treatment on the basis of race, sex, color,
ethnicity or national origin in public employment, public
educationr and public contracting. Article I r Section 31 (e)
provides that nothing in Section 31 shall be interpreted as
prohibiting actions ,which ,must ,be taken to establish or maintain
eligibili ty for any federal program where ineligibility would
result in a loss of federal funds to theCi ty. The provisions
of this Section 8.2 are those necessary to establish and
maintain eligibility for federal funds. At such time as any
040805 syn 8250082 12
provision of this Section 8.2 is not requir,ed to establish and
maintain such eligibility, that provision' shall be waived by
Ci ty. 'If Borrower believes any provision' of ,this Section 8.2
should be waived under this Section 8.2.1, Borrower shall
provide notice to City in writing, 'identifying the provision for
which a waiver is sought and the legal basis for, the waiver.
Ci ty shall respond to the request for waiver wi thin thirty days
after notice is received.
8.2.2 Approved Plan. The Borrower agrees that it
shall be conuni tted to carry out pursuant to the City's
specifications an affirmative action program in keeping with the
principles as provideo. in Executive Order 11246 (September 24,
1965). The City shall provide affirmative action guidelines to
the Borrower to assist in the formulation of such program. The
Borrower -shall, submit' a plan for an affi,rma'ti ve action program
for approval prior to the awa,rd of Funds.
8.2.3 Women and Minority Business Enterprises. The
Borrower will use its best efforts to afford minority and women-
owned business enterprises, the maximum practicable opportunity
participate in the performance of this Agreement. ,As used in
this Agreement, the term "minority and female business
enterprise" means a bus?,.ness at least fifty-one percent, (51%)
owned and controlled by minority group members or 'women. 'For
the purpose of, this definition,' "minority group members" are
Afro-Americans, Spanish~speaking, Spanish surname or Spanish-
her 5.. tage Americans I Asian-Americans I and American Indians. The
Borrower may rely on written representations by' businesses
regarding their ,status as minority and female business
enterprises in lieu of an independent investigation.
8 .2 . 4 Access to Records. The Borrower shall furnish
and cause each of its contractors or subcontractors to furnish
'all information and reports required hereunder and will permit
access to its books, records and ,accounts 'by the City, BUD or
its agent, or other authorized federal officials ;for purposes of
,invest:igation to ascertain compliance with rules, regulations
and provisions stated herein.
8.2.5 Notifications. The Borrower will send to each
labor union or representative of workers with which it may have
a collective bargaining agreement or other contract or
understanding I a notice, to be provided by the agency
contracting officer, advising the labor union or worker's
representative of the Borrower's commitments hereunder, and
shall post copies of the notice in conspicuous places ,available
to employees and applicants for employment.
040805 syn 8250082 13
appropri-ate action pursuant to the
subcontract upon a _finding that the
contractor or subcontractor is in violation
of regulations issued by the grantor agency.
The Borrower will not-subcontract wi thany
contractor or subcontractor where it has
notice or knowledge that the latter has been
found in violation of :):'egulations under 24
CFR Part 135 and will not let any
subcontract unless the contractor or
subco.ntractor has first provided it with a
preliminary statement of ability to comply_
with the requirements of these regulations.
-8.4 _Conduct.
8.4.1 Assignability . The Borrower shall not assign
or transfer any interest _ in this Agreement without the prior
written consent of the City; pr.ovided, however, that claims for
money due or to become due to the Borrower from -the City under
this Agreement may be -assigned t'o a bank, trust company, or
other financial institution without such approval. Notice -of
any :such assignment OJ:" transfer shall be _ furnished promptly to
the City.
8.4.2 Hatch Act. The Borrower agrees that no Funds
prov.ided, nor personnel employed under-this Agreement, shall be
in any way or to· any extent engaged in the conduct of -political
activities in violation-of Chapter 15 of Title 5 of the United
States Code.
8.4.3 Conflict of Interest. The Borrower agrees to
abide by the provisions of 24CFR Section 570. 611 with respect
to conflicts of interest, and covenants that it presently has no
fi"nancial interest and shall-not acquire any financial interest,
director indirect, which would conflict in any manner or degree
with the performance of Services required under this -Agreement.
The Borrower further covenants -that in -the performance -of this
Agreement, no person having such a financial interest shall be
employed -or retained by the Borrower hereunder. _These conflict
of interest provisions apply to any -person who is an employee,
agent, consultant, officer, -or elected official or appointed
official of the City, or of any designated public agencies or
Borrowers which are receiving Funds under-the CDBG Program.
8.4.4 Subcontracts.
040805 syn 8250082 _ 17
040805 syn 8250082
a. The Borrower shall not enter into any
subcontracts with any agency. or individual
in the pe.rformance of this Agreement without
the written consent of the City prior to the
execution of such subcontract~.
b.. The Borrower will monitor all subcontract
services on a regular basis to assure
contract compliance. Results of monitoring
efforts shall be' su.rntnarized in written
reports and supported with documented
evidence 'of follow-up actions taken to
correct areas of noncompliance ..
c. The Borrower shall cause all of the
provisions of this Agreement in it:; entirety
to be included in and made a part of any
subcontract executed' in the performance of
this Agreement.
d. The Borrower shall undertake to ensure that'
all subcontracts· let . in the performance . of
this Agreement shall be awarded ana fair
and open competition basis. Executed copies
. of all subcontracts shall be forwarded to
the City along with documentatiop concerning
the selection process.
8.4.5 Lobbying.
a.
"
The Borrower hereby certifies that:
No .Federal appropriated funds have been. paid
or will be paid, . by or on behalf of. it, to
any person for influencing or attempting to
influence an otficer or employeeO"f any
agency, a Member of Congress, an officer or
employee of Congress, or an employee of a
Member of c.ongress in . connection with the
.awarding of any Federal contract,· the making
of any F~deral grant, the making of any
Federal loan, the entering into of any
cooperative agreement, and the extension,
continuation, renewal, amendment i. or
modification of any Federal contract, grant,
loan, or cooperative agreement;
18
b. If any funds. other than Federal appropriated
funds have been paid or will be paid to any
person for influencing· or attempting to
influence an officer or employee of any
agency, a Member of Congress,. an officer or
employee of . Congress, . or an employee of a
.Member of Congress in connection with this
Federal contract, grant, loan, or
cooperative agreement, it will complete and
submit Standard . Form-LLL, "Disclosure Form
to Report Lobbying, If in a·ccordance with J.. ts
instructions;
c. the language of It will require that
paragraph ( d) of
included in the
subawards at
this
aware
all
certification be
documents for all
tiers (including
subcontracts ,subgrants, and contracts under
grants, loans, and coopera ti ve agreements)
.and that all Borrowers shall certify and
disclose accordingly; and
d. Lobbying Certification -Paragraph d
This certification is a material
. representation of fact upon which reliance
was placed when this transaction was made or
entered into. Submission· of. this.
certification is a prerequisite for making
or entering into this transaction imposed by
section 1352, Title 31, U.S. Code~ Any
person :who fails . to . file the required
·certification sha1l be subject to a civil
penalty of not less than $1·0, 000 and not
more than $100,000 for each such failure.
8.4.6 . Copyrights. If this Agreement results in. any
copyrightable material, the City or grantor agency, or both,
reserves the right to royalty-free, non-exclusive and
irrevocable license to reproduce ,publish or otherwise use and
to authorize others to ·use, the work for government purposes.
8.4.7 Religious Organizations. The Borrower agrees
that Funds provided under this Agreement will not be utilized
for religious acti vi ties, to promote religious interests, . or for
the benefit of a religious organization in accor.dance with the
federa1 regulations specif~ed in 24 CFR Section 570.200{j).
040805 syn 8250082 19
EXHIBIT "B"
PROMISSORY NOTE
$38,260.00 Date:
Palo Alto,California
FOR VALUE RECEIVED, Palo Al to Senior Housing Proj ect, Inc., a
cor.poration organized under the Nonprofit Public Benefit
Corporation Law. of the State of California ("BORROWER") ,
pro:rp.i ses' to pay -to the order of the City of Palo Al to, a charter
ci ty and a municipal corporation ("CITY"), the principal sum of
Thirty-Eight Thousand Two Hundred Sixty Dollars ($38,260) at the
office of Revenue Collections of the City of Palo Alto; 250
Hamilton'Avenue, P.O. Box 10250, Palo Alto, CA 94303, or at such
other place as CITY may from time to time designate,. with
interest from the date of this PROMISSORY NOTE ( "Note'/), until
paid., at the rate of six percent (6%) per year ·on the unpaid
principal balance.
This Note is made in connection wi th an agreement entitled
"AGREEMENT BETWEEN THE CITY OF PALO ALTO AND PALO ALTO SENIOR
HOUSING PROJECT, INC .·FOR FUNDS ALLOCATED DURING FISCAL YEAR
2004/05 UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
("Agreement"). The Agreement provides that BORROWER is the
recipient of certain Community Development Block Grant ( "CDBG" )
funds designated for certain renovation costs at the Stevenson
House facility located at 455 E. Charleston, Palo Alto,.
California.
'Any amounts advanced . under this Note shall, at the option of
CITY, become immediately due and payable upon the occurrence of
any of the following: (a) the failure by BORROWER to
commence and complete the project of services or to complete. the
scope of services set forth in the Agreement within a period of
one (1) year after the date of this Agreement; (b) the sale,
transfer, or other disposition by BORROWER of the Facility
without the prior written consent of'CITY prior to July 1, 2010;
(c) a use by BORROWER of the Facility, prior to July 1, 2010,
which violates the applicable provisions of CITY's Charter,
ordinances, or regulations, or which is not an "eligible
acti vi ty" under the CDBG Program of the Housing an,d Community
Development-Acts of 1974 and 1977, as amended, and the
re~ulations issued pursuant thereto by the United 'States
1
040805 syn 8250082
· ,
'Any amounts expended by CITY under the contingencies set forth
in( 1) or (2) of the preceding paragraph shall be reimbursed by
BORROWER upon demand of CITY therefor, and, in any.· event, shall
'bear interest at the maximum rate permitted by Article XV,
Section 1 (.2) of the California Consti tutior,l, as may be' amended
from time to time, from the date such amounts were advanced by
CITY until paid' by BORROWER in full. . All such amounts,
,including interest and any penalty authorized under, the
Agreement, this Note, or the Deed of Trust, shall be added to
the principal of this N,ote. The approval by BORROWER' of any
Encumbrance, and the placing of a, security interest therefor on
the, Facility, or any portion thereof, not' containing the
provisi'ons of the prl::ceding paragraph and this paragraph shall
constitute a default under this Note.
If any default is made hereunder, BORROWER further promises to
pay reasonable attorneys' fees and costs and expenses incurred
by CITY in connection with any such defaul,t or any other action
or other ,proceeding brought' to enforce' any .of the]?rovisions of
this Note. CITY's right to such fees shall not be limited to or
by its representation by staff attorneys of CITY's Office. of the
Ci ty' Attorney ,and such representation shall be valued at, the
customary and reasonable rates for private sector legal
senrices.
The relationship of CITY and BORROWER evidenced by this Note
shatl be deemed to be one of creditor and debtor and not' of
partnership or joint venture.
This Note ,may not be modified or amended except by aninstrum~nt
in writing which' expresses such intention of the parties sought
to be bound thereby, arid such wrifirig shall be firmly attached
to this Note and made a part thereof.
Any failure of CITY or other holder to exercise any rights under
this Note shall not constitute a waiver of such rights or of any
other rights under this :Note.
This' Note shall be ,governed by and construed in accordance with
the laws of the State of California.
II
II
II
II
3
040805 syn 8250082
\ .
acting within the scope of their employment or
appointment."
3. "The City, its officers ,employees i a'gentsand
volunteers are to be covered as insureds as
respects: liability arising out of activities
performed by or on behalf of the Subrecipient,
products, and completed operations -of the
Subrecipient; premises owned/occupied or -used by
the Subrecipient; or automobiles owned, leased,
hired or borrowed by the Subrecipient. The coverage
shall contain no special limitations on the scope of
protection afforded to the City, its officers,
officials, employees, agents or volunteers."
4. "It is agreed -that any insurance maintained by the
Ci ty of Palo ,Alto will apply in excess of, and no
contribute to, insurance provided by the
Subrecipient."
5. "Any failure' to' . comply with reporting or other
provisions-of the policies including, breaches of
warranties shall not affect coverage provided to the
City, fts officers,officials / 'employees agents or',
volunteers. "
6. " Insurance shall apply
against whom claim is
except with respect to
liability. "
separa telyto each insured
made or suit_ is brought,
the limits of the insuier's
All insurance coverage, required under this Agreement shall be
provided'through carriers with a Best's Key Rating guide rating
of A: X or higher that are admitted to do business in the State
of California; The certificate(s) of insurance evidencing such
coverage shall be completed and executed, by an -authorized
representative of the Company providing insurance, and shall be
filed with and approved by the City.
Subrecipi-ent shall include allsubcontra'ctors as insured's under
its policies, or shall furnish separate certificates and
endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements
stated above.
2
040805 syn 8250082