09-073 Human Service Grant Funds, Emerg Housing ConsortiumHUMAN SERVICE (TRANT FUNDS
CITY/NON-PROFIT CONTRACT
THIS Contract is entered into between the CITY OF CUPERTINO, a political subdivision of the State
of California (hereinafter "CITY"), and
EMERGENY HOUSING CONSTORTIUM
a non-profit corporation (hereinafter "CORPORATION"). The allocation of funds pursuant to this Contract will
be a grant. CITY approved the allocation and disbursement of Human Service Grant funds (hereinafter "Grant")
to CORPORATION on APRIL 15.2008.
WITNESSETH
WHEREAS, CITY has reserved a portion of its General Fund 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 Human Service
Grant budget for the Project as described below to be open•ated within CITY and will benefit low and very low-
income households;
NOW, THEREFORE, the parties agree as follows;
I. PROaECT
CITY agrees to allocate a portion of its current HL'Iman Service Grant budget to CORPORATION, being
the sum of Three Thousand Nine Hundred Eighty Seven Dollars and No Cents ($3,987.001 for the purpose
of implementing the CORPORATION'S project (hereinafter "Project"), as more particularly described in
numerous exhibits marked as noted herein, attached to this Contract, incorporated by this reference, as though
Exhibit "B" (Project Work Plan), Exhibit "C"
fully set forth, as follows: Exhibit "A" (Project Description),
(Proposed Implementation Time Schedule), Exhibit "D" (Project Budget), Exhibit "E" (Certifications), Exhibit
"F" (Assurances), and Exhibit "G" (Indemnity and Insurzmce Requirements).
IL TERM
A. The purpose of this Contract is for the CITY to disburse Grant funds for eligible activities. Unless
amended prior to its expiration, the term of this Contract for disbursement purposes will begin on July 1.2008
and will end on June 30, 2009 unless terminated earlier pursuant to Section VI or Section VII of this Contract.
B. The term of the expenditure by CORPORATIONi of the allocation provided for herein will begin on
July 1, 2008 and terminate on the earliest of the followi~ig dates as set forth herein: June 30, 2009, or later date
per amendment to this Contract; or upon the termination date established pursuant to Section VI or Section VII
of this Contract.
III. SECOND YEAR ][ZENEWAL OPTIONS
The term of this Contract may be extended 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 from the U.S. Department of Housing and Community Development (HUD) to
expend funds for the purposes of this Contract;
B. CITY'S appropriation of funds for this Project effective until July 1, 2009;
C. CORPORATION' S satisfactory performance, as determined by the CITY, of all it's obligations as stated
in this Contract for the period Julv 1, 2008 through June 30, 2009;
D. Submission to CITY of Proof of Insurance for the period July 1, 2009 through June 30, 2010.
IV. OBLIGATIONS OF CORPORATION
A. Organization of CORPORATION. CORPORATION will:
1. Provide CITY with copies of the following 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 current 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 of Incorporation, 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, if required 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.
6. Comply with all provisions of California and Federal Non-Profit Corporation Laws.
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.
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2. File quarterly reports as required by CIT~~ 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. Th_e 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 n~venue 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 filnding and support on CORPORATION stationery
and on all appropriate project-related publicity and publications using words to the effect: "funded in
whole or in part by the City of Cupertino General Funds."
6. CORPORATION agrees it will carry out: the principles as provided in Presidents Executive
Order 11246 of September 24, 1965.
7. CORPORATION will comply with Section 281 of the National Affordable Housing Act.
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 CORPORA7'ION's fiscal year encompassed by the first year of
this Contract.
3. Document all PROJECT 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 requestin€; 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 Competitive Housing Pool for future
reallocation.
5. Certify current and continuous insurance coverage, subject to CITY approval and in
accordance with requirements as outlined in Exhibit G, "Indemnity and Insurance Requirements."
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6. Items 1) through 6) 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 CDBG 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, property and all other pertinent records sufficient to reflect properly (a) all
direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred
to perform this Contract or to operate the PROJECT, and (b) all other matters covered by this Contract.
2. Maintain client data demonstrating client eligibility for services provided for the Project.
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
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 PROJECT, and all its records with respect to the PROJECT 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 PROJECT 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 report. The cost of any such audit will be borne by CITY.
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G. Compliance with Law. CORPORATION will become familiar and comply with and cause all its
subcontractors, independent contractors, and employees, if any, to become familiar and comply with all
applicable federal, state and local laws, ordinances, codes, regulations and decrees.
H. Suspension and Termination. Suspension or termination of this Contract may occur if the
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 Human Service Grant funds on hand at the: time of expiration and any accounts receivable
attributable to the use of funds.
IV. OBLIGATIONS OF CITY
A. Method of Payment. During the term of this Contract, CITY shall disburse CDBG funds to
CORPORATION on a reimbursement basis unless otherwise provided herein for all allowable costs and
expenses incurred in connection with the PROJECT, not tc~ exceed the total sum of Three Thousand Nine
Hundred Eighty Seven Dollars and No Cents ($3.987.OC~. CITY may, at any time in its absolute discretion,
elect to suspend or terminate payment to CORPORATION, in whole or in part, 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, ("Project Work Plan"), failure to
submit adequate progress reports as required herein or other incidents of non-compliance as described in Section
VI, Paragraph B of this Contract or based on the refusal by CORPORATION to accept any additional conditions
that may be imposed by HUD at any time, or based on the :suspension or termination of the grant to CITY made
pursuant to the Housing and Community Development Act: of 1974, as amended.
V. 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 this 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 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 re~Iuired or contemplated by this Contract shall be sent
to the parties at the following addresses:
CITY: Attention: Vera Gil
Housing Services Division
Community Development Department
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
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CORPORATION: Jennifer Niklaus
Executive Director
EHC LifeBuilders
Corporation
507 Valley Way
Address of Corporation
Milpitas. CA 95035
City, State, ZIP
All notices will either be hand delivered or sent by United States mail, registered or certified, 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 party 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.
VI. CONTRACT COMPLIANCE
A. Monitoring and Evaluation of Services. Evaluation and monitoring of the PROJECT performance is the
mutual responsibility of both CITY and CORPORATION. CORPORATION must furnish all data, statements,
records, information and reports necessary
for DIRECTOR to monitor, review and evaluate the performance of the PROJECT 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 by 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 PROJECT.
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 adversely affect the undertaking
of or the carrying out of the PROJECT.
3. If CORPORATION has taken any action pertaining to the PROJECT, which action required CITY
approval, and such approval was not obtained.
4. If CORPORATION is in default under any provision of this Contract.
5. If CORPORATION makes illegal use of CITY funds.
6. If CORPORATION submits to CITY any report which is incorrect or incomplete in any material
respect.
7. If CORPORATION fails to meet the stated objectives in Exhibit B ("Project Work Plan").
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C. Corrective 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 CIT~t' S intention to consider corrective 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 called for the purpose of considering corrective action.
In the event that CORPORATION does not implement the corrective action recommendations in accordance
with the corrective action timetable, CITY may suspend payments hereunder or terminate this Contract as set
forth in Section VII below.
VII. TERMI]vATION
A. Termination for Cause. CITY may terminate this (~ontract by providing written notice to
CORPORATION, for any of the following reasons: uncorrected Contract non-compliance as defined in Section
VI, 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 Project 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
VI, either CITY or CORPORATION may suspend or terminate this Contract for any reason by giving thirty (30)
days prior written notice to the 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, CORPORATON may be required to return funds according
to HiJD regulations.
D. Upon termination of this Contract, CORPORATION must immediately provide CITY access to all
documents, records, payroll, minutes of meetings, correspondence and all other data pertaining to the CDBG
entitlement fund granted to CORPORATION pursuant to this Contract.
VIII. PURCHASING REAL OR PERSONAL PROPERTY
CORPORATION and CITY will comply with all applicable Federal Regulations as detailed by 24 CFR Part
570, Subpart J, i.e. 570.500 (Definitions), 570.503 (Agreements with Subrecipients), 570.504 (Program
Income), and 570.505 (Use of Real Property), with regards to the use and disposal of Real or Personal Property
purchased in whole, or in part, with CDBG funds.
In addition, 24 CFR Part 85 (the Common Rule) includes definitions which apply to CDBG Real Property,
however, the Common Rule section governing Real Property (CFR 85.31) DOES NOT APPLY TO CDBG
ACTIVITIES.
A. The following definitions apply to this Contract pursuant to 24 CFR, Part 58
(Common Rule) 85.3:
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1) Equipment means tangible, non-expendable, personal property having a useful life of more than
one year and an acquisition cost of $5,000 or more per unit.
2) Title as defined in detail in 24 CFR, Part 85.32 (a).
3) Use as defined in detail in 24 CFR, Part 85.32 (c) (1).
4) Supplies as defined in detail in 24 CFR, Part 85.33.
5) Procurement, Use and Disposition of Real Property as defined in detail by 24 CFR, Part
570.503 (Agreements with Subrecipients), 570.505 (LTse of Real Property), and 570.504 (Program Income).
B. Security Document. As a condition precedent to CITY loaning funds for the purchase of real property or
an option to purchase real property, CORPORATION will prepare and execute a Loan Agreement (Exhibit H),
Promissory Note, Deed of Trust and such other Contracts restricting the use of said real property for purposes
consistent with this Contract, HUD and CDBG requirements.
C. Grants. If a grant is provided for the acquisition of real property, CORPORATION will continually
operate its Project for a minimum period of six (6~years from the effective date of this Contract. This
obligation will survive the term of this Contract, the assignment or assumption of this Contract and the sale of
the property prior to expiration of the obligation period as set forth in this paragraph. If this obligation is not
fully met, CORPORATION may be required to reimburse the CITY. The CITY may consider, but will not be
limited by, the following factors in calculating the reimbursement obligation: initial grant sum; the duration of
the initial contractual obligation to operate the Project versus the actual duration of operation and; the
appreciated value.
D. Relocation, Acquisition, and Displacement. CORPORATION agrees to comply with 24 CFR 570.606
relating to the acquisition and disposition of all real property utilizing CDBG funds, and to the displacement of
persons, businesses, and non-profit organizations as a direct result of any acquisition of real property utilizing
CDBG funds. CORPORATION agrees to comply with applicable state laws, City Ordinances, Resolutions, and
Policies concerning displacement of individuals from their residences.
IX. PROGRAM INCOME
Income generated by the Project, is Program Income and shall be regulated by all provisions of
Title 24 CFR 570 Subpart J "Grant Administration," 570.503 "Agreements with Subrecipients," and 570.504
"Program Income." CORPORATION will annually report all program income generated by activities carried
out with CDBG 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 balances 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 venture or association between
CORPORATION and CITY. CORPORATION, including its officers, employees, agents or independent
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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. ASSIGr~TABILITY
A. None of the work or services to be performed her~;under will be assigned, delegated or subcontracted to
third parties without the prior written approval of CITY. 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 any such assignment,
delegation or sub-contract, the subcontractors, assignees ~~r delegates shall be deemed to be employees of
CORPORATION, and CORPORATION will be responsible for their performance and any liabilities attaching
to their actions or omissions.
B. This Contract may not be assumed nor assigned to another CORPORATION, person, partnership or any
other entity without the prior written approval of CITY.
XII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION
CITY and CORPORATION agree to maintain the confidentiality of any information regazding applicants for
services offered by the PROJECT pursuant to this Contract or their immediate families which may be obtained
through application forms, interviews, tests, reports from public agencies or counselors, or any other source.
Without the written permission of the applicant, such information will be divulged only as necessary for
purposes related to the performance or evaluation of the ~;ervices and work to be provided pursuant to this
Contract, and then only to persons having responsibilities under this Contract, including those furnishing
services under the PROJECT through approved subcontracts.
XIII. HOLD ]HARMLESS
In addition to the indemnity obligations set forth in Exhibit G, "Indemnity and Insurance Requirements,"
CORPORATION will indemnify and hold harmless the CITY, its employees, agents, and officials, members of
boazds and commissions, from any and all claims, action,, suits, chazges and judgments whatsoever, with
respect to any damages, including attorney's fees and coLUt costs, arising out of the failure of the
CORPORATION'S Project to comply with applicable laws, ordinances, codes, regulations and decrees,
including without limitation those set forth 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 any such breach or default will in no way impair or prejudice any
right or remedy 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 PROJECT or this Contract.
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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 1101 and 1102. 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 pay 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 CORPORATION'S contracts with sub-contractors and
vendors when utilizing the CDBG funds disbursed for this project.
XVI. AMENDMENTS
Other than the amendment related to a second year renewal option as stated in Article 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. Amendments will not invalidate this Contract, nor relieve or release
the CITY or the CORPORATION from its obligations under this Contract.
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 Agreement shall affect or modify any of the terms of obligations contained in any documents comprising
this Agreement.
XVIIL MISCELLANEOUS
A. 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. 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" (PROJECT Description), Exhibit "B" (PROJECT
Work Plan), Exhibit "C" (Proposed Implementation Time Schedule), Exhibit "D" (Project Budget), Exhibit "E"
(Certifications), Exhibit "F" (Assurances), Exhibit "G" (Indemnity and Insurance Requirements), Exhibit "H"
(Loan Agreement) if applicable, and Exhibit "I" (Contracting Principles Documents).
C. The persons signing below are duly authorized to execute this Contract.
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This AGREEMENT, consisting of eleven (11) pages, contains the entire agreement
between CITY and CORPORATION respecting the allocation of CDBG funds for the provision
of housing services.
CORPORATION has executed this Agreement in triplicate on this day of
January, 2008.
By:
TIVE DIRECTOR
By:
RESID
Board i ctors
CITY has executed this Agreement in triplicate on this day of January, 2008.
By: ~•3a. ~}
David W. Knapp
City Manager
Attested By: ~~.~~Q 1
CITY CLERK
i ~ ~ ~~.~
Approved as to form;
-`=C ~_~<°~ ~ "^ CITY ATTORNEY
~~ '~ ~ 1.~ '~-- ~ ~-- 0. ~ I~LI.~~-
EXHIBIT A
PROJECT PROPOSAL COVER SHEET
Name of Applicant: Program Year:
Emer enc Housin Consortium (dba EHC LiifeBuilders 2008-2009
Contact Person: Title: Project # (For Office Use Only)
Ben Kon Grant Mana er
Address: City: State: Zip Code:
507 Valle Wa Mil itas CA 95035
Telephone number: Fax Number: E-mail Address:
408-539-2111 408-957-0253 bkon ehclifebuilders.or
Shelter and Services for Cupertino Homeless
Project/Program Location:
620 E. Maude Ave., Sunnyvale, CA 94085; 2011 Little Orchard St., San Jose, CA 95125
Project Type:
^ Single Family ^ Homeownership ^ rlew Construction ^ Mixed Use
^ Multifamily ^ Rental ^ Rehabilitation ®Public Service
Project Description:
Please describe the project with as many details as possible. Include general information, such
as the number of units, number of Cupertino residents that will be served, services that will be
provided, etc.
The Housing and Services for Cupertino Homele:>s project will serve 15 unduplicated homeless
Cupertino residents by providing 372 Person Shelter Days* (PSDs) of emergency shelter and
transitional housing with accompanying supportive services. Program participants include
homeless families with children, single adults, anal unaccompanied homeless and runaway youth.
95% are extremely low income, earning less than 30% of Area Median Income. Cupertino
residents will have access to EHC LifeBuilders' full Continuum of Care, including emergency
shelter, transitional housing programs, and comprehensive supportive services. Supportive
services include basic needs such as food and clothing, as well as case management, housing
location assistance, employment training, referral;, and assistance accessing public services. The
Project also provides Cupertino residents with a gateway to EHC LifeBuilders' array of services
beyond emergency shelter and transitional housing.
*A PSD is EHC LifeBuilders' unit of service, rep-esenting a single day/night of shelter and
accompanying services for one person.
EXHIBIT B
CITY OF CUPERTINO
PROJECT WORK PLAN
FY 2008/2009
AGENCY NAME EHC LifeBuilders
DATE PREPARED February 3, 2009
PROJECT NAME Shelter and Services for Cupertino Homeless
Specific Activities Products or Milestones to be accomplished Benchmarks or Beneficiaries
(Use Specific Numerical Data When Possible) For Each Quarter
Quantif When Possible
1st 2" 3r 4t TOTAL
Provide emergency shelter and transitional Operate the Sunnyvale Armory (Nov-Mar) and the 3 4 5 3 15 clients
housing. Boccardo Reception Center (year-round) to
provide Project services to 15 unduplicated clients 74 100 124 74 372 PSDs
with 372 PSDs.
Provide hot meals for clients. Provide 500 hot meals at the Sunnyvale Armory 100 133 167 100 500
and Boccardo Reception Center. meals
EXHIBIT C
Proposed Implementation Time Schedule
Fiscal Year 2008 - 2009
Agency Name: EHC LifeBuilders
Project Name: Shelter and Services for Cupertino Homeless
Date: 02/03/09
S ecific Activities Jul Au Se Oct Nov Dec Jan Feb Mar A r Ma Jun
Operate year-round emergency shelter and
transitional housing at Boccardo Reception Center X X X X X X X X X X X X
Operate seasonal cold weather shelter at the
Sunnyvale Armory X X X X X
Provide hot meals to clients accessinu emergency
shelter and transitional housing x X x X X x X v v v v v
Provide case management services to homeless City
clients X X X X X X X X X X X X
Provide supportive services and workshops to
homeless City clients X X X X X X X X X X X X
EXHIBIT D
BUDGET
For Grant Amount
FY 2008/2009
Agency Name: EHC LifeBuilders Date Prepared: February 3, 2009
Project Name: Shelter and Services for Cupertino Homeless
CATEGORY BUDGET FOR YEAR
SALARIES:
Personnel $3,000
Benefits $987
OFFICE EXPENSE:
Rent
Telephone/Fax
Printing
Travel
Utilities
Office Supplies
Postage
Equipment Maintenance
/Repair
PROJECT EXPENSES:
Accounting Services
Auditing Fees
Insurance
Davis Bacon Compliance
PROJECT CONSTRUCTION:
Appraisal
Engineering Services
ArchitecturaUDesign
Acquisition
TOTAL: $3,987
EXHIBIT E
BASIC INSURANCE AND BOND REQUIREMENTS FOR
NON-PROFIT CONTRACTS
Definition of Contractor: The "Contractor" as, the word is used herein is the party contracting
with the City of Cupertino for the direct distribution of CDBG funds. If your organization will
be contracting for construction work (such as general contractors building rental apartments) to
undertake a Program (as defined in this Non-ProfibCity Contract) then the requirements set forth
herein shall be complied with by the party contracted with for construction work protecting both
the non-profit and the City.
Indemnity
The Contractor shall indemnify, defend, and hold harmless the City of Santa Clara (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 oi' this Contract, or as may be further required
herein, the following insurance coverages and provisions:
A. Evidence of Coveraee
Prior to commencement of this Contract, the Conti-actor 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 Sf~ecial 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 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 Housing and Commu~lity Development Program 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.
EXHIBIT E -NON-PROFITS 1 REVISED 6/8/95
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:
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.
EXHIBIT E -NON-PROFITS 2 REVISED 6/8/95
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.
4. For either type of insurance, coverage shill include the following endorsements, copies
of which shall be provided to the City:
a. Additional Insured Endorsement:
Such insurance as is afforded t-y 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 ;hall 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 limt of liability.
EXHIBIT E -NON-PROFITS 3 REVISED 6/8/95
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 occurrence applicable to all owned, non-owned
and hired vehicles.
6. 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.
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.
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 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
EXHIBIT E -NON-PROFITS 4 REVISED 6/8/95
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 Contractar
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.
EXHIBIT E -NON-PROFITS 5 REVISED 6/8/95
ADDENDUM TO EXHIBIT "E"
BASIC INSURANCE AND BOND REQUIREMENTS
FOR CONSTRUCTION PROJECTS USING CITY FUNDS
If your organization will be contracting for construction work (such as general contractors
building rental apartments) to undertake a Program (as defined in this Non-Profit/City Contract)
then the requirements set forth in this Addendum to Exhibit "E" shall be complied with by the
party contracted with for construction work protecting both the non-profit and the City.
Indemnity
The General Contractor (hereinafter referred to as "General") shall indemnify, defend, and hold
harmless the City of Cupertino (hereinafter "City"), its officers, agents and employees, and the
Contractor, it's officers, agents and employees from any loss, liability, claim, injury or damage
arising out of, or in connection with performance of this Contract by General 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 or the Contractor. It is the intent of the parties to
this Contract to provide the broadest possible coverage for the City and the Contractor. The
General shall reimburse the City and the Contractor for all costs, attorneys' fees, expenses and
liabilities incurred with respect to any litigation in which the General is obligated to indemnify,
defend and hold harmless the City and the Contractor under this Contract.
Insurance
Without limiting the General's indemnification of the City and the Contractor, the General 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 General shall provide 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. Individual endorsements executed by the
insurance carrier shall accompany the Certificate.
This verification of coverage shall be sent to the Contractor at the address stated below and to
the Community Development Department, 10300 Torre Avenue, Cupertino, CA 95014. 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 Contractor and final
approval by the City. This approval of insurance shall neither relieve nor decrease the liability of
the Contractor.
B. Notice of Cancellation or Reduction of Coverage
EXHIBIT E -NON-PROFITS 6 REVISED 6/8/95
All policies shall contain a special provision fir thirty (30) days prior written notice of any
cancellation or reduction in coverage to be sent to the Community Development Department as
stated above, and the Contractor at the following address:
Emergency Housing Consortium (dba EHC LifeBuilders)
Contractor's Name
507 Valley Way
Street Address
Milpitas, CA 95035
City, Stcrte, Zip
C. Quali ink Insurers
1. 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.
2. Surety coverage (including bid, perform~ince and payment bonds) shall be required as
follows:
a. For projects in excess of $100,000:
1. Either a California Admitted Surety OR a current Treasury Listed Surety
(Federal Register); and either a current A.M. Best A IV rated Surety OR a
current Standard and Poors (S&P) rating of A;
2. An admitted surety insurer which complies with the provisions of the
Code of Civil Procedure, Section 995.660*;
OR.
3. In lieu of 1 & 2, a compaany of equal financial size and stability that is
approved by the City's Insurance/Risk Manager.
b. For projects between $25,000 and riot exceeding $100,000:
1. A California Admitted Su~°ety and either a current A.M. Best B rated
Surety OR a current Standard and Poors (S&P) rating of B B;
OR
2. An admitted surety insurer which complies with the provisions of the
Code of Civil Procedure, Section 995.660`;
California Code of Civil Procedure Section 995.660 in summary, states that an'admitted surety must provide: 1) the
original, or a certified copy of instrument authorizing the person who executed the bond to do so; 2) a certified copy of
the Certificate of Authority issued by the Insurance Commissioner, 3) a certificate from City Clerk of Santa Clara City
that Certificate of Authority has not been surrendered, revoked, canceled, annulled or suspended; 4) a financial
statement showing the assets and liabilities of the insurer at the end of the quarter calendar year, prior to 30 days
next preceding the date of the execution of the bond.
EXHIBIT E -NON-PROFITS 7 REVISED 6/8/95
OR
3. In lieu of 1 & 2, a company of equal financial size and stability that is
approved by the City's Insurance/Risk 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 General 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.
4. For either type of insurance, coverage shall include the following endorsements, copies
of which shall be provided to the City and the Contractor:
EXHIBIT E -NON-PROFITS 8 REVISED 6/8/'95
a. Additional Insured Endorsement:
Insurance afforded by this polic;~ shall also apply to the City of Cupertino and
Contractor as additional insureds.
b. Primary Insurance Endorsement:
Insurance afforded by the additional insured endorsement shall apply as primary
insurance, and other insurance maintained by the City of Cupertino and the
Contractor 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 canceled 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 CDBG Program, and the Contractor at the addresses set
forth on page 10 of this Addendunn.
d. Severability of Interest Endorsement:
The insurance afforded by this policy shall apply separately to each insured who
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 In~curance 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.
6. 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.
7. Work and Materials Insurance (includir,~g but not limited to Builder's Risk, Course of
Construction, Installation Floater or similar first party property insurance for covering the
interest of the Contractor and the City) shill be provided by the Contractor.
The Contractor's coverage shall provide tl•~e following:
EXHIBIT E -NON-PROFITS 9 REVISED 6/8/95
a. Coverage shall be provided on an "all-risk" basis.
b. Coverage shall be provided on the work and materials which are the subject of
this Contract, whether in process or manufacture or fmished, including "in
transit" coverage to the final agreed upon destination of delivery, and including
loading and unloading operations, and such coverage shall be in force until the
work and materials are accepted by the City.
City and non-profit shall be named as additional insured as its interests may
appear at the time of loss.
d. Coverage shall be in an amount no less than the full replacement value of the
property at the time of loss.
e. The deductible shall not exceed $1,000 per occurrence unless otherwise approved
by the City and shall be borne by the Contractor.
f. If the construction contractor fails to maintain such insurance as is called for
herein, the City shall have cause to terminate this Contract in accordance with
Section V, paragraph B.
8. Bond Requirements
The following bond requirements apply:
a. Contract Bonds -Prior to execution of the Contract, Contractor shall file with the
City on the approved forms, the two surety bonds in the amounts and for the
purposes noted below, duly executed by a reputable surety company satisfactory
to City, and Contractor shall pay all premiums and costs thereof and incidental
thereto. Both Contractor and the sureties shall sign each bond.
b. The "payment bond for public works" shall be in an amount of one
hundred percent (100%) of the Contract price, as determined from the prices in
the bid form, and shall insure to the benefit of persons performing labor or
furnishing materials in connection with the work of the proposed Contract. This
bond shall be maintained in full force and effect until all work under the Contract
is completed and accepted by the City, and until all claims for materials and labor
have been paid.
c. The "performance bond" shall be in an amount of one hundred percent (100%) of
the Contract price as determined from the prices in the bid form. and shall insure
the faithful performance by Contractor of all work under the Contract. It shall also
insure the replacing of, or making acceptable, any defective materials or faulty
workmanship.
EXHIBIT E -NON-PROFITS 10 REVISED 6/8/75
Should any surety or sureties be deemed unsatisfactory at any time by the City
notice will be given Contractor to that effect, and Contractor shall forthwith
substitute a new surety or sureties satisfactory to the City. No further payment
shall be deemed due or will be made under the Contract until the new sureties
qualify and are accepted by the City.
All alterations, time extensions, extra and additional work, and other changes
authorized by the Specifications, or any part of the Contract, may be made
without securing consent of the surety or sureties on the contract bonds.
9. Special Provisions
The following provisions shall apply to this Contract:
a. The foregoing requirements as t:o the types and limits of insurance coverage
to be maintained by the General a:nd any approval of said insurance by the City or
the Contractor are not intended to and shall not in any manner limit or qualify the
liabilities and obligations otherwise assumed by the General pursuant to this
Contract, including but not limited to the provisions concerning indemnification.
b. The Contractor reserves the right to withhold payments to the General in the
event of material noncompliance with the insurance requirements outlined above.
c. The Contractor shall notify the: City Community Development Department
promptly of all losses or claims over $25,000 resulting from work performed
under this contract, or any products/completed operations loss or claim against the
contractor resulting from any of the contractor's work.
EXHIBIT E -NON-PROFITS 11 REVISED 6/8/95
CUPERTINO
July 2, 2009
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupe:rtino.org
Ben Kong
Emergency Housing Consortium
507 Valley Way
Milpitas, CA 95035
To Whom It May Concern:
A fully executed copy of your agreement with th~~ City of Cupertino is enclosed. If you have any
questions or need additional information, please ~~ontact the Community Development
Department at (408) 777-3308.
Sincerely,
CITY CLERK'S OFFICE
Enclosure