HomeMy WebLinkAboutCounty of Santa Clara Homeland Security (3)DocuSign Envelope ID: 932AA59E-8D0E-449D-A5D2AB36CF43l3 i
AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS
AND THE COUNTY OF SANTA CLARA
FOR THE HOMELESS CENSUS AND SURVEY PROJECT
FOR FISCAL YEARS 2017, 2019, 2021
This Agreement (Agreement) is between the Town of Los Altos Hills (TOWN) and the
County of Santa Clara (COUNTY) on behalf of the Office of Supportive Housing (OSH).
Purpose
This Agreement pertains to a collaborative endeavor between the TOWN,
COUNTY, and the City of San Jose. TOWN will provide funding to COUNTY, who
in turn will transfer the funds to the City of San Jose for the 2017, 2019 and 2021
Homeless Census and Survey Project. The goal is to administer three surveys and
census in 2017, 2019 and 2021 to determine the scope of homelessness in the
County of Santa Clara. As of March 28, 2017, the County Executive, or designee,
have been given delegation of authority to negotiate, execute, amend or terminate
agreement with the TOWN for conducting the biennial Homeless Census and Survey
in 2017, 2019, and, 2021. The delegation of authority shall expire on June 30, 2021.
This Agreement states the specific responsibilities of each party.
IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. TOWN Responsibilities
a. TOWN 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
2017, 2019 and 2021 Homeless Census and Surveys.
2. COUNTY Responsibilities
a. COUNTY shall transfer the funds received from TOWN 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, 2016, up to and including, June 30,
2021.
4. Compensation
TOWN shall provide COUNTY with a one-time payment of $573 in 2017. It is
estimated that there will be a 5% increase in cost in each subsequent survey. The
reimbursements for 2019 and 2021 will be based on the actual costs incurred
during the surveys. TOWN will not be responsible for more than the Maximum
Financial Obligation of $1,806.
DocuSign Envelope ID: 932AA59E-8DOF-449D-A5 D2AB36CF436
AGREEMENT between COUNTY OF SANTA CLARA on behalf of THE OFFICE OF SUPPORTIVE
HOUSING and THE TOWN OF LOS ALTOS HILLS FOR FISCAL YEARS 2017, 2019 and 2021
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
commercial general liability with limits of liability not less than one million dollars
($1,000,000) per occurrence and one million dollars ($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 -Insure: Nothing in the Agreement shall preclude CONTRACTOR
and TOWN from self-insuring all requirements mentioned in this section.
10. Non -Discrimination
TOWN and COUNTY must comply with all 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); California Fair Employment and Housing Act (Government Code
sections 12900 et seq.); and California Labor Code sections 1101 and 1102. TOWN
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
TOWN 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
Page 3 of 6
DocuSign Envelope ID: 932AA59E-8D0E-449D-A5' D2AB36CF43B
AGREEMENT between COUNTY OF SANTA CLARA on behalf of THE OFFICE OF SUPPORTIVE
HOUSING and THE TOWN OF LOS ALTOS HILLS FOR FISCAL YEARS 2017, 2019 and 2021
COUNTY and be binding upon the successor and assignees, except such terms
and conditions as may be expressly waived, in writing, by COUNTY.
18. MOU Execution
Unless otherwise prohibited by law or COUNTY policy, the parties agree that an
electronic copy of a signed MOU, or an electronically signed MOU, has the
same force and legal effect as a MOU executed with an original ink signature.
The term "ELECTRONIC COPY OF A SIGNED MOU" refers to a transmission
by facsimile, electronic mail, or other electronic means of a copy of an original
signed MOU in a portable document format. The term "ELECTRONICALLY
SIGNED MOU" means a MOU that is executed by applying an electronic
signature using technology approved by the County.
19. California Public Records Act
The County is a public agency subject to the disclosure requirements of the
California Public Records Act ("CPRA"). If Contractor's proprietary information
is contained in documents or information submitted to County, and Contractor
claims that such information falls within one or more CPRA exemptions,
Contractor must clearly mark such information "CONFIDENTIAL AND
PROPRIETARY," and identify the specific lines containing the information. In
the event of a request for such information, the County will make best efforts to
provide notice to Contractor prior to such disclosure. If Contractor contends that
any documents are exempt from the CPRA and wishes to prevent disclosure, it is
required to obtain a protective order, injunctive relief or other appropriate
remedy from a court of law in Santa Clara County before the County is required
to respond to the CPRA request. If Contractor fails to obtain such remedy within
the time the County is required to respond to the CPRA request, County may
disclose the requested information.
Contractor further agrees that it shall defend, indemnify and hold County
harmless against any claim, action or litigation (including but not limited to all
judgments, costs, fees, and attorney's fees) that may result from denial by
County of a CPRA request for information arising from any representation, or
any action (or inaction), by the Contractor.
20. Third Party Beneficiaries
This agreement does not, and is not intended to, confer any rights or remedies upon
any person or entity other than the parties.
Page 5of6