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County Department Dept. orgn. Contractor's License No.
flljll�� ECONOMIC AND COMMUNITY DEVELOPMENT ECD PROD
pp�"± County Department Contract Representative Ph. Ext. Amount of Contract
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�. THOMAS R. LAURIN 4594 $ 70,471 I
COMITY ul San OV11112YU1110 Fund Dept. Organization Aper. ObjiRev Source Activity GRC/PROJ JOB Number ,
FAS SBA ECD PROD 200 2045 00000924
Commodity Code Estimated Payment Total by Fiscal Year
CONTRACT TRANSMITTAL FY Amount ItD FY Amount I/D
Project Name 192 $ 51000
iRedlands: omeless Shelter
Rehabilitation 193 65,471
- Proiect Home Again
(#111-1.7425)
CONTRACTOR House of Neighborl�Service, Inc
Birth gate NIA Federal ID No. or Social Security No, 95-1705754
Contractor's Representative Ms Kathy Ellington Executive Director
Address F 0 Box 297, 612 Lawton Street, Redlands CA 92374 Phone 714-792-9626
Nature of Contract: (Briefly describe the general terms of the contract)
This contract, between the County of San Bernardino and the House of Neighborly
Service, Inc. , provides for the disbursement of $ 74,471 in Community Development
Block Grant (CDBG) funds to be utilized for the design and construction of a
forty-two (42) space parking lot and installation of landscaping and irrigation
at the House of Neighborly Service.
The construction administration will be provided by the City of Redlands.
A.
fAttach this transmittal to aft contracts not prepared on the "Standard Contract" form.)
Approve s to Legal Form Reviewed s�toAffirmative Actio E Reviewed for Processing
r�" ►
County Cour�gse. /, Agency Administrator CAO
Date
## 2 ! Date 1� Date
02-12294-000 Row, 11!90
AGREEMENT
This Agreement is made and entered into this day of ,
19 , by and between the County of San Bernardino, hereinafter referred to as
"COUNTY" , the City of Redlands, hereinafter referred to as "CITY", the Presbytery of
Riverside, hereinafter referred to as "PRESBYTERY", and the House of Neighborly
Service, Inc. , a non-profit organization, hereinafter referred to as "HOUSE".
WHEREAS, COUNTY has entered into a contract with the United States of America
through its Department of Housing and Urban Development (HUD) to execute the COUNTY'S
Community Development Block Grant (CDBG) Program under the Housing and Community
Development Act of 1974, as amended, hereinafter referred to as the "ACT"; and,
WHEREAS, the San Bernardino County Department of Economic and Community
Development hereinafter referred to as "ECD", is authorized to act on behalf of the
County in administering the County's CDBG program; and,
WHEREAS, COUNTY has determined that HOUSE is eligible to receive Federal
assistance under Title I of the Housing and Community Development Act of 1974, as
amended; and,
WHEREAS, CITY has agreed to cooperate with COUNTY in its CDBG Program and has
requested CDBG funding for improvements at the House of Neighborly Service building,
located at 612 Lawton Street, Redlands, California, hereinafter referred to as
"FACILITY" and desires to manage the implementation of access improvements to
FACILITY; and
WHEREAS, COUNTY, PRESBYTERY and HOUSE desire to have CITY manage the
construction of access improvements, at FACILITY; and,
WHEREAS, PRESBYTERY as owner of FACILITY has leased FACILITY to HOUSE for the
term of this Agreement; and,
WHEREAS, COUNTY, CITY and PRESBYTERY recognize the public benefit to be derived
from HOUSE providing counseling, education, referral and day care programs to
homeless families.
NOW, THEREFORE, in consideration of the mutual covenants herein set forth
and the mutual benefits to be derived therefrom, the parties agree as follows.
1. PURPOSE OF AGREEMENT
This Agreement is made for the purpose of the continued maintenance and
operation of HOUSE's homeless assistance programs, hereinafter referred to as
"PROGRAMS", by constructing access improvements to FACILITY.
2. SCOPE OF PROJECT
CITY will provide for design and construct access improvements at FACILITY,
consisting of a 42 space parking lot and landscaping, hereinafter referred to
as "IMPROVEMENTS".
1
HOUSE shall have sole responsibility for providing PROGRAMS at FACILITY.
PROGRAMS shall include licensed daycare, classroom education, employment
assistance and housing assistance to assist their clients to return to the
mainstream of society. Further, HOUSE shall have the responsibility of
maintaining and operating IMPROVEMENTS for the primary benefit of PROGRAMS.
PRESBYTERY and HOUSE shall agree to extend current FACILITY leases to
coincide with the duration of this Agreement.
3. TIME OF PERFORMANCE
This Agreement shall be effective as of the date the last of the parties
hereto execute this Agreement and shall continue for not less than ten (10)
years following the date of completion of IMPROVEMENTS at FACILITY. CITY
shall notify COUNTY, PRESBYTERY and HOUSE in writing of said date of filing of
Notice of Completion for FACILITY.
4. FUNDING
COUNTY shall provide Community Development Block Grant funds in an amount not
to exceed seventy thousand four hundred seventy one dollars ($70,471) for
construction of IMPROVEMENTS. Any cost over and above this amount shall be
the financial obligation of HOUSE.
5. CONSTRUCTION MANAGEMENT
CITY will provide all construction management services necessary for the
timely and successful completion of IMPROVEMENTS at FACILITY. CITY will
provide construction management services in accordance with the provisions set
forth in the current Delegate Agency Agreement, Agreement #91-756, between
COUNTY and CITY.
6. MAINTENANCE AND OPERATION
HOUSE shall have sole responsibility for the maintenance and operation of
FACILITY and IMPROVEMENTS covered under the terms of this Agreement at the
sole expense of HOUSE for the duration of this Agreement. HOUSE shall operate
PROGRAMS in FACILITY at the sole expense of HOUSE. Said FACILITY shall be
maintained and operated at all times in accordance with Federal, State and
local laws, regulations and safety standards.
7. USE OF PROPERTY
PRESBYTERY agrees to make available to COUNTY, CITY and HOUSE the property
described as the House of Neighborly Service, 612 Lawton Street, Redlands,
California for the construction of all IMPROVEMENTS described in Section 1,
Purpose of Agreement. PRESBYTERY acknowledges that COUNTY will fund
IMPROVEMENTS provided for herein based solely on the existence of a lease
between PRESBYTERY and HOUSE continues in effect for at least the duration of
this Agreement. Should HOUSE quit the premises prior to the expiration of
this Agreement, PRESBYTERY will only allow a non-profit organization qualified
under the CDBG program to use the premises. Use of FACILITY and IMPROVEMENTS
for a non-CDBG eligible activity shall constitute a violation of this
Agreement.
2
8. BENEFICIARY QUALIFICATION
HOUSE agrees to guarantee that 140% of the participants of PROGRAMS will be
homeless persons. HOUSE shall document the homeless status of all
beneficiaries, utilizing copies of the "Income Qualification Statement" form,
Exhibit 1 of 3. HOUSE shall retain these forms for three years after
conclusion of this Agreement.
9. PROGRAM REPORTING
HOUSE agrees to prepare and submit financial, program progress, evaluations,
and other reports as required by HUD or COUNTY directives. HOUSE shall
maintain such property, personnel, financial and assure proper accounting for
all Agreement funds. All HOUSE records, with the exception of confidential
client information, shall be made available to representative of County and
the appropriate Federal agencies. HOUSE is required to submit data necessary
to complete the Annual Grantee Performance Report in accordance with HUD
regulations in the format and at the time designated by COUNTY Director of ECD
or his designee. By the tenth (10th) of each month, HOUSE shall include a
completed Direct Benefit Activities form, Exhibit 2 of 3, for the month being
reported.
10. ON-SITE INSPECTION
COUNTY, CITY, their officers, agents, employees, persons under contract with
COUNTY and CITY and representatives of HUD, will have the privilege and right
to on-site inspection of the homeless services programs and FACILITY for the
duration of this Agreement. HOUSE will ensure that its employees or agents
furnish any information, that in the judgement of COUNTY, CITY and HUD
representatives, may be relevant to a question of compliance with contractual
conditions, HUD directives, or the effectiveness, legality, and achievements
of the CDBG program.
11. AFFIRMATIVE ACT10N AND CONTRACT COMPLIANCE
HOUSE shall make every effort to ensure that all projects funded wholly or in
part by HUD CDBG funds shall provide equal employment and career advancement
opportunities for minorities and women. In addition, HOUSE shall make every
effort to employ residents of the area and shall keep a record of the
positions that have been created directly as a result of this Agreement.
San Bernardino County has a goal of 15 percent minority business enterprise
(MBE) and 5 percent women business enterprise (WBE) participation for all
Agreements. HOUSE agrees to comply with the provisions of the Affirmative
Action Compliance Program of the County of San Bernardino and rules and
regulations adopted pursuant thereto. HOUSE shall comply with Executive
Orders 11246, 11375, 11625, 12138, 12432, 12250, Title VII of the Civil Rights
Act of 1964, the California Fair Employment Practice Act, California Public
Agreements Code 2000 and the San Bernardino County M/WBE Policy No. 11-15, and
other applicable Federal, State and County laws, regulations and policies
relating to equal employment and contracting opportunities, including laws and
regulations hereafter enacted. Information on these rules and regulations may
be obtained from the Contract Compliance Officer of the County of San
Bernardino at (714) 387-8894.
3
12. 9OMPLIANCE WITH LAWS
All parties agree to be bound by applicable Federal, State and local laws,
ordinances, regulations and directives as they pertain to the performance of
this Agreement. This Agreement is subject to and incorporates the terms of
the ACT; 24 Code of Federal Regulations, Part 570, Chapter V; U.S. Office of
Management and Budget Circulars A-87, and A-95, A-102, A-110 and A-122.
13. INDEMNIFICATION
HOUSE agrees to indemnify, defend and hold harmless COUNTY, CITY, PRESBYTERY
and its authorized agents, officers, volunteers and employees, against any and
all claims, or actions arising from acts, errors or omissions of HOUSE in
performing services pursuant to this Agreement and for any costs or expenses
incurred by COUNTY on account of any claim therefore.
HOUSE shall, at its own cost, expense and risk, defend any legal proceedings
that may be brought against COUNTY, CITY, PRESBYTERY and its officers, agents,
and employees, on any liability, claim or demand and satisfy any judgement
that may be rendered against any of them arising or resulting from activities
of HOUSE, its officers, agents, and employees. HOUSE shall assume liability
for all and any direct expense incurred in providing services pursuant to this
Agreement and shall assume any and all responsibilities for loss or damage
resulting from negligence, injury, illness, or disease arising out of the
provision of services. HOUSE, however, is obligated to promptly notify COUNTY
in writing of the occurrence of any such loss or damage.
HOUSE shall indemnify and hold harmless COUNTY against any liability, claims,
losses, demands, and actions incurred by COUNTY as a result of the
determination by the United States Department of Housing and Urban Development
or its successor that activities undertaken by HOUSE under the program(s) fail
to comply with any laws, regulations or policies applicable thereto or that
any funds billed by and disbursed to HOUSE under this Agreement were
improperly expended.
14. INSURANCE REQUIREMENTS.
In order to accomplish the indemnification provided in Paragraph 13 (above) ,
but without limiting the indemnification, HOUSE shall secure and maintain
throughout the term of this Agreement the following types of insurance issued
by companies acceptable to the COUNTY Risk Manager with limits as shown:
Workers` Compensation - A program of Worker's Compensation insurance or
a state-approved Self Insurance Program in an amount and form to meet
all applicable requirements of the Labor Code of the State of
California, including Employer's Liability with $250,000 limits,
covering all persons providing services on behalf of HOUSE and all risks
to such persons under this Agreement.
- Comprehensive General and Automobile Liability Insurance - This coverage
to include contractual coverage and automobile liability coverage for
owned, hired, and non-owned vehicles. The policy shall have combined
single limits for bodily injury and property damage of not less than one
million dollars ($1,000,000) .
4
Errors and Omissions Liability Insurance - Combined single limits of one
million dollars ($1,000,000) for bodily injury and property damage; or,
Professional Liability - Professional liability insurance with limits of
at least one million dollars ($1,000,000) per claim and in the
aggregate.
Additional Named Insured - All policies, except for the 'Workers`
Compensation coverage and Errors and Omissions or Professional
Liability, shall contain additional endorsements naming COUNTY
employees, agents, volunteers, and officers as additional named insured
with respect to liabilities arising out of the performance of services
hereunder. For Professional Liability coverage COUNTY shall be named as
a designated person referencing this Agreement's Number on the policy.
Waiver of Subrogation Rights - HOUSE shall require the carriers of the
above required coverage to waive all rights of subrogation against
COUNTY, CITY and PRESBYTERY, their officers, volunteers, employees,
contractors and subcontractors.
Policies Primary and Non-Contributory - All policies required above are
to be primary and non-contributory with any insurance or self-insurance
programs carried or administered by COUNTY.
- Proof of Coverage - HOUSE shall immediately furnish certificates of
insurance to ECD evidencing the insurance coverage above required prior
to the commencement of performance of services hereunder. These
certificates shall provide that such insurance shall not be terminated
or expire without thirty (30) days written notice to COUNTY. Within
sixty (60) days of the commencement of this Agreement HOUSE shall
furnish certified copies of the policies and endorsements. HOUSE shall
complete and submit Agreement Exhibit 3 of 3, Insurance Inventory, along
with the above required insurance documents.
15. INSURANCE REVIEW.
The above insurance requirements are subject to periodic review by COUNTY.
COUNTY's Risk Manager is authorized, but not required, to reduce or waive any
of the above insurance requirements whenever the Risk Manager determines that
any of the above insurance is not available, is unreasonably priced, or is not
needed to protect the interests of COUNTY. In addition, if the Risk Manager
determines that heretofore unreasonably priced or unavailable types of
insurance coverage or coverage limits become reasonably priced or available,
the Risk Manager is authorized, but not required, to change the above
insurance requirements to require additional types of insurance coverage or
higher coverage limits, provided that any such change is reasonable in light
of past claims against COUNTY, inflation, or any other item reasonably related
to COUNTY's risk.
Any such reduction or waiver for the entire term of this Agreement and any
change requiring additional types of insurance coverage or higher coverage
limits must be made by amendment to this Agreement. HOUSE agrees to execute
any such amendment within thirty (30) days of receipt.
5
16. ADDITIONAL INSURANCE REQU R - ENT
HOUSE shall, at its sole expense, obtain and deliver to COUNTY for its
approval, certification(s) or policy(s) of standard fire insurance with
extended coverage and vandalism and malicious mischief endorsements for the
full replacement value of FACILITY. In the event of any damage or destruction
to IMPROVEMENTS covered by the insurance, HOUSE shall use the entire insurance
proceeds to restore IMPROVEMENTS. The insurance required under this paragraph
shall be maintained by HOUSE at its sole expense for the term of this
Agreement. Said insurance shall contain endorsements providing that the
insurance company issuing the insurance will not cancel or reduce the
insurance coverage without thirty (30) days prior written notice to COUNTY.
HOUSE shall inform COUNTY in writing of any change, expiration or renewal of
said insurance within thirty (30) days of the effective date of change.
17. CONFLICT OF INTEREST
HOUSE, its agents and employees shall comply with all applicable Federal,
State and COUNTY laws and regulations governing conflict of interest. To this
end, HOUSE will make available to its agents and employees copies of all
applicable Federal, State, and COUNTY laws and regulations governing conflict
of interest.
HOUSE shall furnish to COUNTY, prior to execution of this Agreement, a written
list of all current or proposed subgrantees/subcontractors, vendors, or
personal service providers, including subsidiaries of HOUSE. This list should
be limited to those subgrantees/subcontractors, vendors or personal service
providers, including subsidiaries of HOUSE, which will receive $10,000 or more
during the term of this Agreement. Such a list shall include the names,
addresses, telephone numbers, and identification of principal party(ies) , and
a description of services to be provided. During the term of this Agreement,
shall notify COUNTY in writing of any change: in the list of
subgrantees/subcontractors, vendors, personal service providers or
subsidiaries of HOUSE within fifteen (15) days of change.
18. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES
HOUSE agrees that it will not perform or permit any religious proselytizing or
political activities in connection with the performance of this Agreement.
Funds under this Agreement will be used exclusively for performance of the
work required under this Agreement and no funds made available under this
Agreement shall be used to promote any religious or political activities.
19. DISCRIMINATION
No person shall, on the grounds of race, sex, creed, color, religion, or
national origin, be excluded from participating in, be refused the benefits
of, or otherwise be subjected to discrimination in any activities, programs,
or employment by HOUSE.
20. ASSIGNMENT AND SUBLETTING
HOUSE shall not assign, subordinate, or sue for financing, this Agreement or
any interest therein, unless COUNTY has previously given its written consent.
Provided, however, that any approved assignment shall be subject to all the
6
terms, covenants, and conditions of the Agreement. If HOUSE attempts to
effect any unauthorized assignment, or transfer occurs by operation of law, or
this Agreement or any interest therein is subjected to garnishment or sale
under any execution of any suit or proceeding brought against or by HOUSE, or
if HOUSE is adjudged bankrupt or insolvent by any court or upon HOUSE`s making
an assignment for the benefit of creditors, COUNTY may, at its option,
forthwith terminate this Agreement upon written notice thereof to HOUSE, and
thereupon, no one but COUNTY shall have any further rights hereunder.
21. HYPOTHECATION OF REAL PROPERTY
During the term of this Agreement, neither HOUSE nor PRESBYTERY, nor their
successors, shall cause to be placed or permit to be placed any encumbrance or
lien on the real property covered under this Agreement, or shall sell,
transfer, mortgage or hypothecate FACILITY without the written authorization
of COUNTY. Notwithstanding Paragraph 22, Violation of Agreement, and any
other provisions herein, HOUSE and PRESBYTERY shall reimburse COUNTY for the
fair market value of FACILITY less any portion thereof attributable to
expenditures of non-CDBG funds for HOUSE and PRESBYTERY, should HOUSE and
PRESBYTERY sell, hypothecate, mortgage or encumber FACILITY without the
written authorization of COUNTY during the term of this Agreement.
22. VIOLATION OF AGREEMENT
In the event that HOUSE and/or PRESBYTERY, or their successors, violates any
of the terms and conditions of this Agreement, COUNTY shall give written
notice of violation and demand for correction. If, within thirty (30) days
from receipt of written notice, HOUSE and/or PRESBYTERY has not corrected the
violation or shown acceptable cause, COUNTY has the right to terminate this
Agreement. It is agreed that in the event of a termination due to a violation
of this Agreement by HOUSE and/or PRESBYTERY, HOUSE and/or PRESBYTERY shall
pay to COUNTY within ten (10) days of receipt of Notice of Termination, the
sum of seventy thousand four hundred seventy one dollars ($70,471) . Said sum
is agreed to represent a reasonable endeavor by both parties hereto, to be a
fair compensation for the foreseeable losses that might result from such a
breach or default. Such termination shall not excuse HOUSE and/or PRESBYTERY
from reimbursement provisions in paragraph 21, Hypothecation of Real Property,
caused by the sale of FACILITY.
23. TERMINATION BY COUNTY
Notwithstanding Paragraph 22, Violation of Agreement, COUNTY may immediately
terminate this Agreement upon the termination, suspension, discontinuation or
substantial reduction in HUD Community Development Block Grant funding of the
Agreement activity or the reprogramming of said funds as deemed necessary by
COUNTY.
24. AMENDMENTS: VARIATIONS
This writing with attachments, embodies the whole of this Agreement of the
parties hereto. There are no oral agreements not contained herein. Except as
herein provided, addition or variation of the terms of this Agreement shall
not be valid unless made in the form of a written amendment to this Agreement
formally approved and executed by the parties.
7
25. IM ALID CONDITIONS
If any one or more of the terms, provisions, sections, promises, covenants or
conditions of this Agreement shall to any extent be judged invalid,
unenforceable, void or voidable for any reason whatsoever, by a court of
competent ,jurisdiction, each and all of the remaining terms, provisions,
sections, promises, covenants and conditions of the Agreement shall not be
affected thereby, and shall be valid and enforceable to the fullest extent
permitted by law.
26. AINDING INTEREST
This Agreement shall be binding on the parties, successors in interest, heirs
and assigns.
27. NOTICES
All notices shall be served in writing. The notices shall be sent to the
following addresses:
COUNTY CITY
County of San Bernardino City of Redlands
Department of Economic and P.O. Box 3405
Community Development Redlands, CA 92373
474 West Fifth Street
San Bernardino, CA 92415-0040
LESSOR AGENCY
Reverend Joseph Beltran Executive Director
Protestant Chaplain House of Neighborly Service
Fairview Development Center 612 Lawton Street
2501 Harbor Boulevard Redlands, CA 92373
Costa Mesa, CA 92626
8
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as
of the day and year first written above.
COUNTY OF SAN BERNARDINO CITY OF REDLANDS
By: Chairman, Board of Supervisors By: M1
Date: Date : 2
SIGNED AND CERTIFIED THAT A COPY OF PRESBYTERY OF RIVERSIDE
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
By:
EARLENE SPROAT
Clerk of the Board of Supervisors Date:
of the County of San Bernardino
By: HOUSE OF NEIGHBORLY SERVICE
Date: B
J,
hairman
Date:
APPROVED AS TO LEGAL FORM
By:
V,)�e'cdfi7j Director L�7
ALAN K. MARKS
COUNTY COUNSEL Date:
By:
Deputy daunty E#nsel
Date: PLAY 5 1992
AGMTS/PRESBYTE.M&O
4/21/92/DH/pn
4/29/92/BT/pn
9
t EXHIBIT 1 of 3_
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOP14ENT
ftoject &tivity Title: Casg Number: 111-17425/0924
Redlands: Homeless Shelter Rehabilitation -
Project Home Again
Name Address of Contractor Agent: Date of Issue:
House of Neighborly Service �X Original:
612 Lawton Street
Redlands, CA 92373 Amendment
INCOME QUALIFICATION STATEMENT
This form has the purpose of providing information needed to qualify the use of Federal
Community Development Grant (CDBG) funds directly benefitting low-and moderate-income
households.
The income limits listed below pertain to the total gross annual income of all household
members from all sources of income. A household may be a group of related or unrelated
individuals occupying the same house with at least one member being the head of household.
Renters, roomers or borders cannot be included as household members.
1991-92 ANNUAL GROSS INCOME LIMIT
Number of Persons Per Household
NO MORE 1 2 3 4 5 6 7 8+
THAN: $20,150 $23,050 $25,904 $28,800 $31,100 $33,400 $35,750 $38,000
1) Total number of persons in household:
2) Is the total annual gross income of your household
less than the amount shown on the above chart for
your household size? YES NO
3) Do you identify your household as:
White Black Hispanic _ American Indian Asian Other _
Female Headed
4) Number of persons handicapped or disabled:
ACKNOWLEDGEMENT AND DISCLAIMER
(To be completed by Caseworker, Parent or Guardian)
I CERTIFY UNDER PENALTY OF PERJURY THAT INCOME AND HOUSEHOLD STATEMENTS MATE ON THIS FORM ARE
TRUE.
NAME/AGENCY: DATE:
ADDRESS: PHONE NO:
SIGNATURE:
The information you provide on this form is for Community Development Block Grant (CDBG)
program purposes only and will be kept confidential.
AGMTS/PRESBYTE.M&O
4/21/92/DH/bjj
EXHIBIT 2 of
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EXHIBIT 3 of 3
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
Project Activity Title: Case Number: 111-17425/0924
Redlands: Homeless Shelter Rehabilitation -
Project Home Again
Mame Address of Contractor Agency: Date of Issue:
House of Neighborly Service __X Original:
612 Lawton Street
Redlands, CA 92373 Amendment #_
INSURANCE INVENTORY
PRIMARY INSURANCE POLICY
Name of Contractor's Insurance Company
Effective Dates of Policy
Claims Made Policy j j Per Occurrence Policy
Limits of Liability
Deductibles:
Per Occurrence
Annual Aggregate
Additional Insured Endorsement Attached Yes No
Certified Copy of Policy Attached Yes No
Certificate of Insurance Attached Yes No
EXCESS/UMBRELLA POLICY
Name of Contractor's Insurance Company
Effective Dates
Limits of Liability
Underlying Coverage limits
Name of Underlying Company
Additional Insured Endorsement Attached Yes No
Certified Policy (copy of) Attached Yes No
Certificate of Insurance Attached Yes No