09-071 Human Services Grant Funds, Support Network for Battered WomenSupport Network for Battered Women -Domestic Violence
HUMAN SERVICI; GRANT 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
SUPPORT NETWORK FOR BATTERED WOMEN
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 Apri115, 2008.
WITNESSI:TH
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 operated within CITY and
will benefit low and very low-income households,;
NOW, THEREFORE, the parties agree as follows;
I. PROJECT
CITY agrees to allocate a portion of its cw-rent Human Service Grant budget to
CORPORATION, being the sum of Four Thousand Two Hundred and Two Dollars and No
Cents ($4,202.001 for the purpose of implementing the CORPORATION'S project (hereinafter
"Project"), as more particularly described in name:rous exhibits marked as noted herein, attached
to this Contract, incorporated by this reference, as though fully set forth, as follows: Exhibit "A"
(Project Description), Exhibit "B" (Project Work :Plan), Exhibit "C" (Proposed Implementation
Time Schedule), Exhibit "D" (Project Budget), E~:hibit "E" (Certifications), Exhibit "F"
(Assurances), and Exhibit "G" (Indemnity and Insurance Requirements).
II. 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 7/1/08 and will end on 6/3~D/09 unless terminated earlier pursuant to
Section VI or Section VII of this Contract.
B. The term of the expenditure by CORPORE~TION of the allocation provided for herein
will begin on 7/1/08 and terminate on the earliest ~~f the following dates as set forth herein:
6/30/09, 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 RENEWAL 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 yeaz 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 July 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 Boazd 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 Boazd of Directors as a paid employee, agent,
independent contractor, or subcontractor under this Contract.
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4. Open to the public, meetings of its Board of Directors, if required by
California's open meeting laws, except mE~etings, 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 (:alifornia 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 housf;holds.
2. File quarterly reports as required by CITY on the type and number of services
rendered through the operation of the PRCiGRAM, 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. The
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 revenue in support of its operation or
services from local, state, federal and priv~ite sources and, in the event of receipt of such
award, inform CITY within ten days.
5. Include an acknowledgement of CITY funding and support on
CORPORATION stationery and on all apI-ropriate 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 SeptE:mber 24, 1965.
7. CORPORATION will comply with Section 281 of the National Affordable
Housing Act.
C. Fiscal Responsibilities of CORPORATIOIJ. 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.
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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 CORPORATION'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 requesting 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."
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 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:
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1. Until five yeazs following date of final payment of this contract, or
2. For such longer period, if any a~ 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. Ar. 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 yeazs after final payment under this
Contract, (b) five yeazs 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 ro 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 a,1y audit findings, and have the responses
included in the final audit report. The cost of any such audit will be borne by CITY.
G. Compliance with Law. CORPORATION will become familiaz 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 l~~cal 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. OBLIGATIOPJS OF CITY
A. Method of Payment. During the term of this Contract, CITY shall disburse funds to
CORPORATION on a reimbursement basis unles;~ otherwise provided herein for all allowable
costs and expenses incurred in connection with the PROJECT, not to exceed the total sum of
Four Thousand Two Hunded and Two Dollars and No Cents ($4.202.001. 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 incide~its ofnon-compliance as described in Section
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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 Chata Alfaro
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 required 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
CORPORATION: Chata Alfaro
Executive Director
Sunnort Network for Battered Women
Corporation
1257 Tasman Drive. Suite C
Address of Corporation
Sunnwale. CA 94089
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.
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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 ~:he 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:
L 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 (:ontract, 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 st~~ted objectives in Exhibit B ("Project Work
Plan").
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 CITY' 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 corn-ctive 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 o:f considering corrective action.
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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. TERMINATION
A. Termination for Cause. CITY may terminate this Contract 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.
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 funds 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 this grant.
A. The following definitions apply to this Contract pursuant to 24 CFR, Part 58
(Common Rule) 85.3:
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
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CFR, Part 570.503 (Agreements with Subrecipierits), 570.505 (Use 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, i/~eed of Trust and such other Contracts
restricting the use of said real property for purposes consistent with this Contract.
C. Grants. If a grant is provided for the acquisition of real property, CORPORATION will
continually operate its Project for a minimum periiod of six L) years from the effective date of
this Contract. This obligation will survive the team of this Contract, the assignment or
assumption of this Contract and the sale of the properly 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.
IX. PROGRAM INCOME
Income generated by the Project, is Program Income and shall be reported to the CITY.
CORPORATION will annually report all prograrr~ income generated by activities carried out
with grant 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 in~~ome 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 contractors or subcontractors, shall not have any claim under
this Contract or otherwise against CITY for any S~~cial Security, Worker's Compensation, or
employee benefits extended to employees of CITE.'.
XI. ASSIGI\(ABILITY
A. None of the work or services to be performed hereunder 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 or 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.
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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 regarding
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 services 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 boards and commissions, from any and all claims, actions,
suits, charges and judgments whatsoever, with respect to any damages, including attorney's fees
and court 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
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.
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
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disability, physical disability, medical condition, f~olitical 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 funds disbursed for this project.
XVI. AMErJDMENTS
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. INTEGRAT>E:D 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.
XVIII. 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 w~ty, 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 ~-re 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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IN WITNESS WHEREOF, the parties have executed this Contract the day and year above
written.
AGENCY: Support Network for Battered CITY OF CUPERTINO:
Women
By: ~ ~ 1~1 l S-~ ~-"~-21r101 e Y S o1~1 By:
(print name)
Executive Director Date David W. Knapp Date
City Manager
APPROVED AS TO FORM AND
LEGALITY:
)\~ ~o~-e~ Q~ ~ E, ~L,~ Date
Interim City Attorney
ATTEST:
~D
Kimberly Smith Date
'City Clerk
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EXHIBIT A
PROJECT PROPOSI~L COVER SHEET
Name of Applicant: Program Year:
Su ort Network for Battered Women 2008-2009
Contact Person: Title: Project # (For Office Use Only)
Bera Sekhon Grant Mana er~
Address: City: State: Zip Code:
1257 Tasman Drive, Suite C Sunn ale CA 94089
Telephone number: Fax Number: E-mail Address:
408 541-6000 x118 408 541-1333 bsekhon snbw.or
Domestic Violence Services for Cupertino Families
Project/Program Location:
1257 Tasman Drive, Suite C, Sunnyvale, CA 94089
Project Type:
^ Single Family ^ Homeownership ^ 1\~ew Construction ^ Mixed Use
^ Multifamily ^ Rental ^ R.ehabilitation
® 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 res:.dents that will be served, services that will be
provided, etc.
The proposed project will provide comprehensive domestic violence services to 14 Cupertino
residents experiencing or surviving domestic violence at a cost per client of $320. Services
provided include access to a toll free 24-hour bilir.~gual (Spanish) crisis hotline, emergency
shelter, therapeutic support services, legal assistance, social advocacy and community
outreach education. Abreakdown of the number of unduplicated Cupertino beneficiaries at or
below current countywide median income include the following: 14 at 0-30%, 1 at 31-50%, and
1 at 51-80%.
Specifically, Support Network will provide couns~;ling services to 10 unduplicated Cupertino
residents and will provide emergency shelter services to 4 unduplicated Cupertino residents.
Counseling services include access to individual and group level therapeutic services, peer
counseling, crisis and drop-in counseling, case management, support groups, parenting classes
(operated in accordance with county protocols), acid therapeutic and support services for
children. As well, clients will have access to these services in Spanish under our La Familia
program.
With respect to emergency shelter services, client:; will have the option of staying in our shelter
with their children for up to 8 weeks. They will re~:eive case management services to increase
self-sufficiency and independence during their sta;~ as well as after from our After Care Program.
If at any time the shelter is at capacity, clients will be provided hotel accommodations.
EXHIBIT A
Desired outcomes for the Domestic Violence Services for Cupertino Families Project include:
• Sixty five (65) percent of clients completing at least 15 weeks of individual therapy or
one 10-week cycle ofpsycho-educational group counseling; increasing their Domestic
Violence Self Efficacy Score by 25%.
• Seventy five (75) percent of Cupertino residents on leaving the shelter will have an
improved understanding of personal safety issues and a more stable living situation.
EXHIBIT B
CITY OF CUPERTINO
PROJECT WORK PLAN
FY 2008/2009
AGENCY NAME Support Network for Battered Women
PROJECT NAME Domestic Violence Services for Cupertino Families
DATE PREPARED 4/6/09
Specific Activities Products or Milestones to be accomplished
(Use Specific Numerical Data When Possible) Benchmarks or Beneficiaries
For Each Quarter
Quanti When Possible
1st 2" 3~ 4t TOTAL
Counseling Services:
Support Network will provide Cupertino Support Network will provide counseling 2 3 2 3 10
.a.._... _ ....L ..l___ .. _.l
1 GJ1LLG11 W W ll.ll ~:V Ul1JGllll~ JG~ V ~~:GJ Q11U .. ~., ~n . _.a..~l:,.,.a,.a r..~,..~:_,. _ :.7,._~..
JGl V I~.GJ LV 1 V UllUU1J111.A 1.GU G. Ul1Gl LILLV 1 GJIUGI-W.
programs including, but not limited to,
those described in section 4A of this
application.
Emergency Shelter:
Support Network will provide emergency
1
Support Network will provide Cupertino shelter to 4 unduplicated Cupertino residents. 1 1 1 4
residents with emergency shelter at our
confidential shelter or through hotel
accommodations.
EXHIBIT C
Proposed Implementation Time Schedule
Fiscal Year 2008 - 2009
Agency Name: Support Network for Battered Women
Project Name: Domestic Violence Services for Cupertino Families
Date: 4/6/09
S ecificActivities :.., ,~ _ :>,.. ;.,, ;: ~ Jul . , .Au Se x ~Oct'<; Nov. : De..c.'~ ~J~ri ~e~ ~~VIa~ ~:A .r~„ "~a ; `Jvn
Counselin services available to clients x x x x x x x x x x x x
Emer enc shelter services available to clients x x x x x x x x x x x x
Complete provision of counseling services to 10
undu licated Cu ertino residents x
Complete provision of emergency shelter services to
4 undu licated Cu ertino residents x
EXHIBIT D
BUDGET
For Grant Amount
FY 20 08/2009
Agency Name: Support Network for Battered Women
Project Name: Services to Battered Women
Date Prepared: 4/6/09
CATEGORY BUDGET FOR YEAR
SALARIES:
Personnel 3,072.00
Benefits 559.00
OFFICE EXPENSE:
Rent 450.00
Telephone/Fax 166.00
Printing
Travel
lities
Ut
i
n
~
• ^f%il~P Cnnnlinc
.~......, .,..~,r...,., inn nn
~.v-..~~
Postage
Equipment Maintenance
/Repair
PROJECT EXPENSES:
Accounting Services
Auditing Fees
Insurance
Davis Bacon Compliance
PROJECT CONSTRUCTION:
Appraisal
Engineering Services
Architectural/Design
Acquisition
TOTAL: 4,451.00
EXHIBIT E
BASIC INSURANCE AND BOND REQUIREMENTS FOR
NON-PROFIT (~ONTRACTS
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 ge~leral contractors building rental apartments) to
undertake a Program (as defined in this Non-Profit/City Contract) then the requirements set forth
herein shall be complied with by the party contrasted with for construction work protecting both
the non-profit and the City.
Indemni
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 they 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 indemnificatio~i of the City, the Contractor 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 Contractor 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 S~~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 b}~ the Contractor upon request.
This verification of coverage shall be sent to they address as shown on the City's Certificate of
Insurance form and to the Housing and Community 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. Qualifyin~ 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
I. 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.
4
e. Independent Contractors' (Protecti~~e) liability.
f. Severability of Interest clause providing that the coverage applies separately to
each insured except with respect to the limits of liability.
For either type of insurance, coverage sha`.I include the following endorsements, copies
of which shall be provided to the City:
a. Additional Insured Endorsement:
Such insurance as is afforded b: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 tl-e additional insured endorsement shall apply as
primary insurance, and other insurance maintained by the City of Cupertino, its
officers, agents, and employees shall be excess only and not contributing with
insurance provided under this poli~~y.
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 noti~~e 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.
Personal Injury Endorsement:
The provisions of this policy shall provide Personal Injury coverage.
f. Severability of Interest Endorsem~:nt:
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 limit 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 Co sensation 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.
c. 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.
c. 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 t11e 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 obligatior-s otherwise assumed by the Contractor
pursuant to this Contract, including but not limited to the provisions concerning
indemnification.
b. The City acknowledges that Borne insurance requirements contained in this
Contract may be fulfilled by se;lf-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 i~1 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 for thirty (30) days prior written notice of any
cancellation or reduction in coverage to be sent t~~ the Community Development Department as
stated above, and the Contractor at the following <<ddress:
Sc~ DPv~-~ Ne~~~ c?J k ~( (~01 ~-~dnd ~ vim e ,n
-T Contractor's Name
Street Address
S ~+ n ~y -f rt ~ t ~ l'~4 ~ `r' ~ SCI
City, State, Zip
C. Qualifying Insurers
1. All policies shall be issued by companies which hold a current policy holder's alphabetic
and financial size category rating of not lf:ss than A VIII, according to the current Best's
Key Rating Guide, unless otherwise approved by the City.
2. Surety coverage (including bid, perform~mce 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, S~:ction 995.660*;
OF:
3. In lieu of 1 & 2, a company of equal financial size and stability that is
approved by the City's Insurance/Risk Manager.
b. For projects between $25,000 and -.not exceeding $100,000:
1. A California Admitted Surety 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 per:~on 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 policy 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 end not contributing with insurance provided
under this policy.
c. Notice of Cancellation or Change cif 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 Addendurr~.
d. Severability of Interest Endorsement:
The insurance afforded by this policy shall apply separately to each insured who
is seeking coverage or against wh~~m a claim is made or a suit is brought, except
with respect to the Company's limit of liability.
5. Comprehensive Automobile Liabilit~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 L iability 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 (including but not limited to Builder's Risk, Course of
Construction, Installation Floater or simil~ir first party property insurance for covering the
interest of the Contractor and the City) sh;~ll be provided by the Contractor.
The Contractor's coverage shall provide the following:
EXHIBIT E -NON-PROFITS 9 RE[~ISED 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 finished, 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.
c. 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.
£ 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 6/8/95
Should any surety or sureties be deemed unsatisfactory at any time by the City
notice will be given Contractor ~:o that effect, and Contractor shall forthwith
substitute a new surety or suretie~~ 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, c;xtra 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 th; s Contract:
a. The foregoing requirements as t~~ the types and limits of insurance coverage
to be maintained by the General ar~d 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 v~~ith 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
Ms. Janis Welsh
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cuperl:ino.org
Support Network for Battered Women
1257-C Tasman Drive
Sunnyvale CA 94089
Dear Ms. Welsh:
A fully executed copy of your agreement with the City of Cupertino is enclosed. If you have any
questions or need additional information, please a~ntact the Community Development
Department at (408) 777-3308.
Sincerely,
CITY CLERK'S OFFICE
Enclosure