03-018 Senior Adults Legal Assistance,v~~
b~
AGREElVIENT
This Agreement is made and entered into this 6th day of February, 2003, by and between
the CITY of Cupertino, a municipal corporation ("CITY") and Senior Adults Legal Assistance, a
nonprofit corporation ("CORPORATION").
WITNES~SETH
WHEREAS, CITY has received Community Development Block Grant (hereinafter
"CDBG") funds through a Joint Powers Agreement with the County of Santa Clara, which is an
Urban County entitled to CDBG funds from the United States Department of Housing and Urban
Development (hereinafter known as HUD).
WHEREAS, CITY has agreed to allocate a portion of its CDBG funds to CORPORATION
as a subrecipient for public service related activities within the CITY which shall primarily
benefit very low and low income households.
NOW, THEREFORE, the parties agree as follows:
I. PROGRAM
CITY agrees to allocate to the CORPORATION a sum not to exceed $11,667.00 in funds
for the purpose of implementing the housing program ("Program") as more particularly described
in Exhibit "A" (Program Description), Exhibit "B" (Project Work Plan and Time Schedule), and
Exhibit "C" (Project Budget).
II. TERM
The term of this Agreement shall begin July 1, 2002 and shall terminate June 30, 2003, or
the date of the expenditure of the total grant amount provided for herein, or upon the termination
date established pursuant to Section V or Section VII.
III. OBLIGATIONS CAF CORPORATION
A. Organization of CORPORATION. CORPORATION shall:
1. Provide CITY with:
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 Reven~~e Service nonprofit status;
d. Names and addresses of the current I3oard of Directors of CORPORATION; and,
e. An adopted copy of CORPORATION'S personnel policies, procedures and
approved affirmative action plan.
2. Report any changes in CORPORATION'S Articles of Incorporation, Bylaws, Board of
Directors, personnel policies and procedures, affirmative action plan, or tax-exempt
status immediately to Program Manager.
3. Maintain no member of its Board of Directors as a paid employee, agent or
subcontractor under this Agreement.
4. Open to the public all meetings of its Board of Directors, except meetings, or portions
thereof, dealing with personnel or litigation matters.
5. Keep minutes of all its regular and special meetings.
6. Comply with all provisions of California Nonprofit CORPORATION Law.
B. Program Performance by CORPORATION. CORPORATION shall:
1. Conduct the PROGRAM within the City of Cupertino for the purpose of benefiting very
low and low-income households.
2. File quarterly narrative reports with the CITY on the types and numbers of services
rendered to Cupertino beneficiaries through the operation of the project, which reports
shall evaluate the manner in which the project is achieving its goals. The reports shall
be due within ten (10) working days of the end of the calendar year and shall cover the
entire year immediately preceding the date on which the report is filed. Said reports
shall be made on forms approved by CITY.
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 private sources and, in the event of such an award, inform
CITY within ten days.
5. Notify CITY within ten (10) days of the receipt of any local, state, federal, or private
sources of revenue for use in support of this operation or service.
6. Include an acknowledgment of CITY funding and support where appropriate.
C. Fiscal Responsibilities of CORPORATION. CORPORATION shall:
1. Appoint and submit the name of a fiscal agent who shall be responsible for the financial
and accounting activities of CORPORATION, including the receipt and disbursement
of CORPORATION funds. The CITY :;hall immediately be notified in writing of the
appointment of a new fiscal agent and that agent's name.
2. Establish and maintain an accounting system that shall be in conformance with
generally accepted principles of accounting. The accounting system shall be subject to
review and approval of CITY.
3. Document all Program costs by maint~~ining records in accordance with Section III,
Paragraph D below.
4. Submit on a quarterly basis, within ten (10) working days of the end of the quarter, a
payment request containing a summary statement of proposed expenditures and
revenue for the quarter immediately following the date on which the report is filed and
cumulative totals from the effective datc; of this agreement. In addition, the amount of
actual expenditures shall be reported to CITY within ten (10) working days of the end
of each quarter. Said reports shall be made on forms approved by CITY.
5. Submit to the CITY'S Finance Director an annual audit performed by an independent
auditor.
6. Certify insurability subject to CITY approval as outlines in Exhibit "E" (Insurance).
7. If applicable, submit an indirect cost plan to CITY for approval.
8. Items 1 through 7 are express condition:; precedent to any CITY funding and failure to
comply with these conditions will, at discretion of CITY, result in suspension of
funding or termination of this Agreement.
9. CORPORATION is liable for repayment of all disallowed costs. Disallowed costs may
be identified through audits, monitorin;; or other sources. CORPORATION shall be
required to respond to any adverse findings that may lead to disallowed costs. The
CITY shall make the final determination of disallowed costs, subject to provisions of
OMB Circular A-122, "Cost Principles fir Non-Profit Organizations."
D. Establishment and Maintenance of Records. CORPORATION shall maintain complete and
accurate records of all its transactions including, but not limited to, contracts, invoices, time
cards, cash receipts, vouchers, canceled che~;ks, bank statements, client statistical records,
personnel, property and all other pertinent re~;ords sufficient to reflect properly (1) all direct
and indirect costs of whatever nature claimed to have been incurred or anticipated to be
incurred to perform this Agreement or to operate the Program, and (2) all other matters
covered by this Agreement.
E. Preservation of Records. CORPORATION shall preserve and make available its records:
1. Until the expiration of three years from the date of final payment to CORPORATION
under this Agreement; or
2. For such longer period, if any, as is required by applicable law; or,
3. If this Agreement is completely or partially terminated, the records relating to the work
terminated shall be preserved and made available for a period of three years from the
date of termination.
F. Examination of Records; Facilities. At any time during normal business hours, and as often
as may be deemed necessary, CORPORATION agrees that the CITY'S authorized
representative(s) may until expiration of (1) three years after final payment under this
Agreement, (2) three years from the date of termination of this agreement, or (3) 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 Agreement or the operation of
the Program, and all its records with respect to the Program and all matters covered by this
Agreement. CORPORATION also agrees that the CITY'S authorized representative(s) shall
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, material and all other data relating to the Program and
matters covered by this Agreement. 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.
G. Compliance with Law. CORPORATION shall become familiar and comply with and cause
all its subcontractors and employees, if any, to become familiar and comply with all
applicable federal, state and local laws, ordinances, codes, regulations and decrees
including, but not limited to, those federal rules and regulations, executive orders and
statutes identified in Exhibit "F" (Assurances). Specifically, CORPORATION shall comply
with the requirements and standards of OMB Circular No. A-122, "Cost Principles for Non-
Profit Organizations" and the following attachments to OMB Circular No. A-110:
1. Attachment A, "Cash Depositories, "except for Paragraph 4 concerning deposit
insurance;
2. Attachment B, "Bonding and Insurance;"
3. Attachment C, "Retention and Custodial Requirements for Records;"
~4. Attachment F, "Standards for Financial Management Systems;"
5. Attachment H, "Monitoring and Reporting Program Performance," paragraph 2;
6. Attachment N, "Property Management. Standards," except for paragraph 3 concerning
the standards for real property; and
7. Attachment O, "Procurement Standards."
IV. OBLIGATIONS OF CITY
A. Method of Payment. During the term of this Agreement, CITY shall reimburse
CORPORATION for all allowable costs and expenses incurred in connection with the
Program, not to exceed the total sum of Eleven Thousand Six Hundred and Sixty Seven
Dollars and No Cents ($11,667.00) except that the CITY may, after the corrective action
procedure is followed, suspend or terminate payment to CORPORATION, in whole or in
part, under this Agreement or not to make any particular payment under this Agreement
based on CORPORATION'S noncompliance, including, but not limited to, incomplete
documentation of expenses, failure to submit adequate progress reports as required herein or
other incidents of noncompliance as describe~3 in Section V, Paragraph B, of this Agreement
or based on the refusal of CORPORATION t:o 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. CONTRACT (,OMPLIANCE
A. Monitoring and Evaluation of Services. Evaluation and monitoring of the Program
performance shall be the mutual responsibility of both CITY and CORPORATION.
CORPORATION shall furnish all data, :statements, records, information and reports
necessary for Program Manager to monitor, review and evaluate the performance of the
Program and its components. CITY shall have the right to request the services of an outside
agent to assist in any such evaluation. Such se;rvices shall be paid for by CITY.
B. Contract Noncompliance. Upon receipt by Cl[TY of any information that evidences a failure
by CORPORATION to comply with any provision of this Agreement, CITY shall have the
right to require corrective action to enforce compliance with such provision. Areas of
noncompliance include but are not limited to:
1. If CORPORATION (with or without knowledge) shall have made any material
misrepresentation of any nature with respect to any information or data furnished by
CITY in connection with the Program.
2. If there is pending litigation with respect to the performance by CORPORATION of
any of its duties or obligations under this Agreement which may materially jeopardize
or adversely affect the undertaking of or the carrying out of the Program.
3. If CORPORATION shall have taken any action pertaining to the Program which
requires CITY approval without having obtained such approval.
4. If CORPORATION is in default under any provision of this Agreement.
5. If CORPORATION makes improper use of CITY funds.
6. If CORPORATION submits to CITY any report which is incorrect or incomplete in any
material respect.
C. Corrective Action Procedure. CITY upon occurrence or discovery of noncompliance by
CORPORATION under this Agreement, shall give CORPORATION notice of CITY'S
intention to demand corrective action to enforce compliance. Such notice shall indicate the
nature of the noncompliance and the procedure whereby CORPORATION shall have the
opportunity to participate in formulating any corrective action recommendation. CITY shall
have the right to require the CORPORATION President and/or Executive Director to appear
at a hearing or meeting called for the purpose of corrective action. Thereafter, CITY shall
forward to CORPORATION specific corrective action recommendations and a detailed
timetable for implementing these recommendations; such timetable shall allow
CORPORATION not less than ten (10) nor more than thirty (30) days to comply. Following
implementation of the corrective actions, CORPORATION shall forward to CITY, within
the time specified by CITY, any documentary evidence required by CITY to verify that the
corrective actions have been taken.
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 Agreement.
D. Termination for Cause. Notwithstanding anything to the contrary contained in the foregoing,
CITY may terminate this Agreement by written notice to CORPORATION, if any of the
events of noncompliance listed in Section V, Paragraph B, occur or are discovered, if
CORPORATION does not implement any recommended corrective action, if
CORPORATION is in bankruptcy or receivership, if a member of the CORPORATION'S
Board of Directors, the Executive Director or other administrative staff person is the subject
of investigation for wrongdoing, or if there is reliable evidence that CORPORATION is
unable to operate the Program. Termination under this section shall be effective on the date
notice of termination is received or such later date as may be specified in the notice.
VI. PROGRAM COORDINATION
A. CITY: The Housing and Services Planner, or his/her designee, shall be the Program
Manager for the CITY and shall monitor progress and performance of this Agreement for
CITY. The Program Manager shall be responsible for all services agreed to be performed by
CITY.
B. CORPORATION: A single Program Director who shall have overall responsibility for the
progress and execution of this Agreement shall be assigned. Should circumstances or
conditions subsequent to the execution of this Agreement require a substitute or replacement
Program Director, CORPORATION shall immediately notify CITY of such occurrence.
Program Director and CORPORATION staff will cooperate fully with CITY in fulfillment
of this Agreement.
C. Correspondence: All correspondence and notices required by this Agreement shall be sent to
the parties at the following address:
CITY: Senior Planner (Housing Services), Community Development Department, City of
Cupertino,10300 Torre Avenue, Cupertino, CA 95014
CORPORATION: Executive Director, 160 East Virginia Street, Suite 260, San Jose, CA
95112
All notices shall either be hand delivered or sent by United States mail, registered or
certified, postage prepaid. Notices given in such :~ manner shall be deemed received when hand
delivered or seventy-two (72) hours after depo~.it in the United States mail. Any party may
change his or her address for the purpose of this section by giving five (5) days written notice of
such change to the other party in the manner provided in this section.
VII. TERMINATION
A. In addition to CITY'S right to terminate for cause set forth in Section V, either CITY or
CORPORATION may suspend or terminate this Agreement for any reason by giving thirty
(30) days prior written notice to the other par:y. Upon receipt of such notice, performance of
the services hereunder will be immediately discontinued.
B. Upon termination, either under this Section VII or Section V, CORPORATION shall:
1. be paid for all documented services actually rendered to CITY to the date of such
termination; provided, however, C:[TY shall be obligated to compensate
CORPORATION only for that portion of CORPORATION'S services which are
allowable costs and expenses as determir-ed by an audit or other monitoring device;
2. turn over to CITY immediately any anti all copies of studies, reports and other data,
whether or not completed, prepared by CORPORATION or its subcontractors, if any,
in connection with this Agreement. E~11 documents from applicants or regarding
applicants shall be treated confidentially. Such materials shall become property of
CITY. CORPORATION, however, shall not be liable to CITY'S use of incomplete
materials or for CITY'S use of completed documents if used for other than services
contemplated by this Agreement; and
3. transfer to the CITY any CDBG funds oar hand and any accounts receivable attributable
to the use of CDBG funds. All assets acquired with CDBG funds shall be returned to
the CITY.
C. Upon termination of this Agreement, CORPORATION shall immediately provide CITY
access to all documents, records, payroll, minutes of meetings, correspondence and all other
data pertaining to the CITY funds granted to (:ORPORATION pursuant to this Agreement.
VIII. PURCHASING REAL OIfZ PERSONAL PROPERTY
A. Title to Personal Property. Title to any personal property used in connection with the project
shall vest as follows:
1. Personal property donated or purchased with other than CITY funds shall become the
property of CORPORATION or person specified by the donor or funding source;
otherwise the same shall become the property of CITY except for property and
equipment as described in 2.
2. Personal property and equipment permanently affixed to building owned by
CORPORATION shall become the property of CORPORATION.
3. All other personal property, supplies and equipment purchased pursuant to this
Agreement and not consumed shall become property of CITY.
B. Non expendable Property. Non-expendable property purchased by CORPORATION with
funds provided by CITY, with a purchase price in excess of One Hundred Dollars ($I00),
must be approved in advance in writing by CITY. CITY shall retain title to said property. If
a Program will be continued beyond termination of this Agreement, CITY at its option, may
revert title to CORPORATION.
C. Purchase of Real Property. None of the funds provided under this Agreement shall be used
for the purchase of real property, unless CITY approves such purchase in writing containing
any conditions the CITY deems appropriate prior to the time CORPORATION finalizes
such purchase. Approval of any such contract or an option to purchase shall be processed
through the Program Manager.
D. Security Document. As a condition precedent to CITY releasing funds for the purchase of
real property or an option to purchase real property, CORPORATION shall prepare and
execute a promissory note, deed of trust or other Agreement restricting the use of said real
property for purposes consistent with this Agreement, HUD and CDBG requirements.
IX. PROGRAM INCOME
Income generated by the Program shall be retained by CORPORATION. Such income
shall be used to reduce the monthly request for funds under this Agreement and for the same
purposes and activities described in Exhibit A. All provisions of this Agreement shall apply to
the use of Program income for such activities.
X. INDEPENDENT CONTRACTOR
This is an Agreement by and between independent contractors and is not intended and
shall 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 subcontractors, shall not have any claim under this Agreement or
otherwise against CITY for any Social Security, Worker's Compensation, or employee benefits
extended to employees of CITY.
XI. ASSIGNABILITY
A. This Agreement may not be assumed n~nr assigned to another corporation, person,
partnership or any other entity without the prior written approval of CITY.
B. None of the work or services to be performed hereunder shall 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 thirty (30) days prior to the proposed
effective date. In the event CITY approves any such assignment, delegation or subcontract,
the subcontractors, assignees or delegatE;s shall be deemed to be employees of
CORPORATION, and CORPORATION shall be responsible for their performance and any
liabilities attaching to their actions or omissions.
XII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION
CITY and CORPORATION agree to m:~intain the confidentiality of any information
regarding applicants for services offered by the Program pursuant to this Agreement or their
immediate families which may be obtained through application forms, questionnaires,
interviews, tests, reports from public agencies or counselors, or any other source. Without the
written permission of the applicant, such information shall be divulged only as necessary for
purposes related to the performance or evaluation of the services and work to be provided
pursuant to this Agreement, and then only to persons having responsibilities under this
Agreement, including those furnishing services under the Program through approved
subcontracts.
XIII. HOLD HARMLESS
CORPORATION shall indemnify and hold CITY, its officers, employees and elected
officials, boards and commissions, harmless with respect to any damages, including attorney's
fees and court costs, arising from:
A. the failure of the Program to comply with applicable laws, ordinances, codes, regulations
and decrees; or,
B. any negligence or omission arising out of any work or services provided by
CORPORATION, its officers, employees, a;;ents or subcontractors under the Program or
this Agreement.
XIV. WAIVER OF RIGHTS AND REMEDIES
In no event shall any payment by CITY constitute or be construed to be a waiver by
CITY of any breach of the covenants or conditions of this agreement or any default which may
then exist on the part of CORPORATION, and th~~ making of any such payment while any such
breach or default shall exist shall in no way impair or prejudice any right or remedy available to
CITY with respect to such breach or default. In no event shall 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 Program or this Agreement.
XV. NONDISCRIMINATION
In connection with the performance of this Agreement, CORPORATION assures that no
person shall be subject to discrimination because of sex, race, religion, ethnic background, sexual
preference, age, handicapped status or union activity.
XVI. AMENDMENTS
Amendments to the terms or conditions of this Agreement shall be requested in writing
by the party desiring such amendment, and any such amendment shall be effective only upon the
mutual Agreement in writing of the parties hereto.
XVII. INTEGRATED DOCUMENT
This Agreement 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
or obligations contained in any documents comprising this Agreement.
XVIII. MISCELLANEOUS
A. The captions of this Agreement are for convenience of reference only, and the words
contained therein shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Agreement.
B. All exhibits attached hereto and referred to in this Agreement are incorporated herein by this
reference as if set forth fully herein.
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
February, 2003.
B `~
Y
CU VE DIRECTOR
B y:
PRESIDENT
Board of Directors
CITY has executed this Agreement in triplicate is~~day of February, 2003.
B
David W. Knapp
City Manager
Attested By:
CITY CLER
~ ,7 a
Approved as to form: ;..~~-l_'-- ~ ~~' '~-' ` -~r"
CITY ATTORNEY /
EXHIBIT A
General Information
Name of Applicant: Senior Adults Legal Assistance (SALA;i Program Year: 2002-2003
Contact Person: Georgia Bacil Title :Directing ~.ttorney Project Number (For Office Use Only)
Address: 160 E. Virginia Street #260 city: San Jose state: CA Zip Code: 95112
Telephone Number:
(408) 295-5991 Fax Number:
(408) 295-7401 E-mail Address:
gbacil@sala.org
Name of Project/Program: Legal Assistance to Cupertino Elders
t.ocation: Cupertino Senior Center, 21251 Stevens Creek B ivd. Cupertino, CA 95014
Project Type: ^ Single Family ^ Homeownership [] New Construction ^ Mixed Use
^ Multifamil ^ Rental ^ Rehabilitation Public Service
Project Description
Please describe the project with as many details as possible. Include general information, such as the number of
trnts, number of cupertmo resioents tnat wnl oe serves, services tnat wm oe proviaea, etc.
SALA is anon-profit law office that provides free legal services to Santa Clara County residents age 60 or older, with
an emphasis upon those who are low income or in social need. SALA's staff of 5 attorneys and 1 paralegal have expertise
in problems common to our target population. SALA's legal :~taff is augmented by 10 volunteer intake workers who assist
with client interviews at senior centers and by 15 pro Bono att~~rneys who provide Simple Wills through SALA's No Fee
Wills Panel. Legal services (in the form of advice/referrals, c~~nsultations, representation, and community education) are
provided in the following areas: Public Benefits (Social Security, SSI, Medicare, Medi-Cal, In Home Supportive
Services); Elder Abuse; Nursing Homes; Advance Health Care Directives; Consumer; Housing; and Simple Wills.
SALA has served Cupertino seniors since 1979. From 1997-98 through 2001-2002, support from Cupertino's CDBG
program enabled SALA to increase our number of half-hour appointments at the Cupertino Senior Center from 4 monthly
(the 1996-971eve1) to 10 monthly (the 2001-20021eve1). CDFIG funds are requested for 2002-2003 to maintain SALA's
can ent expanded service levels at the Cupertino Senior Center. SALA also proposes to continue home visits to Cupertino
elders who are homebound or institutionalized. Clients with urgent legal problems will also be served on an "emergency"
basis by telephone. Cupertino elders who appear at SALA intaGke sites in other cities will also be served.
Prior to 1997-98, the waiting time for a SALA appointment at the Senior Center was 2 months or longer. As a result,
only 42% of the Cupertino clients served by SALA from January to June 1997 were seen at the Cupertino Center, 16%
were served by telephone, and the remainder (42%) had to travel to a SALA intake site in another city. The continued
expansion of SALA's services for 2002-2003 will enable more; Cupertino elders to be served locally instead of being
forced to seek services at other SALA sites or forgoing servia~s altogether because of transportation barriers to these sites.
The long waiting time for a SALA appointment at the Cupertino Center will also be reduced. Since the initial service
expansion in July 1997, approximately 75% of the Cupertino elders served were seen at the Cupertino Center.
As detailed in the Project Work Plan, SALA will provide direct legal assistance to 50 Cupertino clients in 2002-2003.
This goal includes all elders served through SALA's Cupertin~~ project and not just those assisted through the service
expansion at the Senior Center. SALA also proposes to conduct 1 community education presentation in Cupertino.
There is no other funding to support the proposed expansion at the Cupertino Center. If less than $6,500 in CDBG is
received, appointments at the Cupertino Center will be reduced proportionally. If $5,000 is received, SALA will provide
our 1999-2000 service levels (96 appointments/40 clients served). If less than $5,000 is received, it may not be feasible for
SALA to provide a second monthly intake session at the Cupertino Center. If no CDBG funding is received, SALA's
services at the Cupertino Senior Center will be reduced to bianonthly appointment sessions, at best, or could be
eliminated altogether.
c,
EXHIBIT B
Project Work Plan
Fiscal Year 2002-2003
Agency Name: Senior Adults Legal Assistance
Date Prepared: 02/20/02
Project Name: Legal Assistance to Cupertino Elders
Project No.
For Office Use Only
Santa Clara County HCD
Responsible staff person(s) and
approximate percentage of the time
char ed to this activi Activity for period Products or milestones
Legal Services: Legal Services:* Legal Services*:
.12 FTE Legal Worker (Directing Attorney, Provide direct legal services to 50 Cupertino Serve 14 elders in the First Quarter and 12 elders
Supervising Attorney, Staff Attorney, Staff clients by offering 24 intake days (consisting in Quarters 2 through 4.
Paralegal, or Volunteer) of 5 half hour appointment each) at the
Cupertino Senior Center, other intake sites,
by home visits or telephone intake.
Communit~Education: Community Education: Community Education:
.002 FTE Legal Worker (Directing Attorney, Make one community education presentation Make one presentation by June 30, 2003.
Supervising Attorney, Staff Attorney, Staff in Cupertino.
Paralegal, or Volunteer)
* NOTE: The proposed annual goal for 50 Cupertino clients served includes all elders served through SALA's Cupertino project and not just those
assisted through the service expansion at the Senior Center.
10
EXHIBIT C
Proposed Implementation Time Schedule
Fiscal Year 2002-2003 .
Agency Name: Senior Adults Legal Assistance
Project Name: Legal Assistance to Cupertino Elders
Date: 02/20/02
Project #: Santa Clara County HCD
For Olfice Use Only
S ecific Activities JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUN
Legal Services X X X X X X X X X X X X
(through twice
monthly appoint- .
ments at Cupertino
Senior Center, other
intake sites, home
visits of by phone)
Community ^
Education
(to be completed by
June 30, 2003 ~ .
,,
~,
11
EXHIBIT D
BUDGET
Fiscal Year 2002/2003
AGENCY NAME: Senior Adults Legal Assistance
PROJECT NAME: Les?al Assistance to_Campbell Elders Project #:
For Office Use Only
Date Prepared: 02/13/03
Santa Clara County HCD
Line Item - . ; : JUL AUG . ' SEPT . OCT NOV DEC JAN FEB . MAR APR 1'~IAY JUN TOTAL
Salaries
Personnel 894 855 816 894 820 855 898 781 820 859 859 816 10167
Benefits 134 131 128 124 118 121 129 121 124 126 126 118 1500
Office E ense
Rent
Phone/FAX
Printing
'Navel
Utilities
Project Expenses
Accounting
Auditing
Insurance
Davis-Bacon
A
Project Construction
Appraisal
Engineering
Architectural
Acquisition
Total 1028 986 944 1018 938 976 1027 902 944 985 985 934 11667
r
~hibit E
C$R'1~ICA'tY0N5
In accordance with ~e applicable statutes and the r~:gulatibns govemin~ the consolidE~ted plan
regulations, the jurisdiction certifies that:
Affirmatively FtuWer Fair $ott9lt~ -- The jurisdiotion Wdll affirmatively futthar fair housing, which
means it will conduct an analysis of impediments to fait hc~uaing choice within the jurisdiction, take
appropriate actions to overcome the effects of any iimpbdinieats identifiM through that analysis, and
maintain records reflecting that analysis and actions in this regard,
A~ntf-displacement and Relocation Mai -- It gill comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance: and. R~:al Property Aequisition~ p~~lieies act of 1970,
as striended, and implementing regulations at Q9 CER 24; and it has is effect and is following a
residential antidisplacement end relocation assistance plan required under section 104(d) of tha Housing
and Community Dtvelopment Act of 1974, as amended, in connection with any activity assisted with
funding under the CDBG or HQIv~ programs.
brag Free Workplace -- It will or will continue a~ provide adrug-floc workplace by:
1. Publishing a statement notifying cmployee:s that the unlawful rrr~ufacRtr~e, ~iistnbution,
dispensing, possession, or use of a controllled aub:;taace is prohjbited in the l~antee'e workplace
and specifying the actions that will be taken agaiir~st employees for violation of such prohibition;
2. Establishing an ongoing drug-tree awarea,:ss prol~rt to inform employees about -
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of ttsaintaiiaing a drug-free workplace;
(e) Any available drug cotntlseling, celsabilitetiosc, and eraployoe sasistinc4 programs; and
(d) The penalties that may be imposed upam employees far drug abate violations occurring
in tht workplace; .
3 • Malang it a requircitu;at that each cxrtploroe to b~: engaged in tlce performarrc0 0€ the grart be
given a copy of the statementrcqurrod by paragniph 1; .
Notifying the employee in the statement rrquirecl by paragraph t that, as a ~~ondition of
employmrnt under the grant, the employee will
(a) Abide by the berms of the statement; and
(b) Notify the employer iz~ writitlg of his or her conviction for a violation of a criminal drug
. statute occurring in the workplace: no later than five calendar d$ys after such conviedon;
Notifying the agency in writia$, within tea calendar days after receiving notice under
subparagraph 4(b) from an err~-loyee or otheTwi;~t receiving actual notice of such counviction.
Employers of convicted employxs must l~rovid~: notice, including posit#oii title, to every grtuit
officer or other designee on whose grant e,ctivity the convicted employee eras working, unless
the Federal agency has designated a centr.at point for rho receipt of such nc~tiees. Notice shall
include the identification number(s) of ea~.h affected grant;
• ~ ..
6. 'Caking one of the following actions, within 30 calendu dayR of receiving notice under
subparagraph 4(b), with rcspact to ony ettu~loyce who is so convicted -
(a) Taking appropriate personnel action against such an employee, up 14 and including
termination, consistent with the requiremeats of the Rehabilitation A.ct of 1973, as
atttended; or
(b) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such ixuposos by a Fedoral, State, or local hexlttt,
law enforcement, of other appropriate agtney; •
7. Milting a good faith effort to continue m maintain a drug-free workplace through
implementation of pis 1, 2, 3, 4, 5 srbd 6.
Anti-Lobbying -- To tba best of the juriadictioa's kaowled=e tud belief'.
No Federal appropriated funds have been paid or will be paid, by or as behs.lf of it, to any person
for influencing or attempting to influatec art offictr or employee of say agency, a Merubcr of
Congrtss, an officer a employee of Congress, or an employee of t Memba• of Conpess in
connection with the awarding of any Federal contract, the malaitg of atiy Federal grant, rho
making of airy Federal loan, the entering into of any cooperative agreement, and tha exteaaion,
continuation, renewal, atncndmeat, or raodiilcati~m of any Federal contract, giant, loan, or
cooperative agreement,
2. If any fuoda other elzan Federal appenpriated fimda have been paid or will be paid to any peraoc-
for it>ftucncirtg or•attrmpaing to influence an of'fi~;er yr employee of any ngi~ry, a Member of~
Congress, an officer or employee of Coct~, a azz employoe of a Manbaf of Coc~tess in
cotuseetloa with this Federal coritn+ct, grant, loan, or cooperative agrexrnem, it will complete and
submit SGundard Form-LLL, "Disclostlrc Form tc~ Report Lobbying," in accordance with its
instructiogs: and
3. It will acquire that the language of puagraph 1 arxi 2 of this anti-lobbying <:ertificatiort be
included in the award documents for all subawar3s at all tiers (including aubcontracta, subgrar-ts,
cad caattracts under grants, loans, and cooperative agreements) tad that all subrecipients ~ahall
certify and disclose accordingly.
Authority of Jnrisdliction - The conmlidatod plan is authorizai under State and local law (aa applicable) attd
tht 1ur-sdichon posusses the legal authority to carry out the programs for which it is scclcing funding, in
accordance with applicable HUb regulations.
Coa~lstency Frith pica » Tht housing activities to be undertalten with CDBO, HOMIti,•ESG, and HOPWA funds
ate consistent with the strategic plan.
Section 3 -- It will oonzply with section 3 of the Housing and Urban Development Act of 1968, and
implementing n lotions at 24 CFR Part 135.
May 13. _2002
SignatwrelAuthoti2e Offici 1?ate
Title County Executive
!~' .
Specific CDBG Ccrtitlcatlons
The Entitlement Community certifies that:
Citizen p>irticipation -- It is in full compliance and follovvittg a d•;tailed citizen partieipatiori plan that satisfies
the requirements of 24 CFR 91.105.
Commanlty Dcvelgpwent Plttn -- Its consolidates housing and community development plt~n identities
comutupity developmeht and housing needs and specifies 1~oth short-term and lottg•t~•rm community
development objectives that provide decent housing, expand economic opporttutities primarily for
persons of low end moderate income. (See t:FR 24.570.2 rued CFR 24 part 570)
Fol]owittg a piap _ It is #'ollowing a current consolidated plan (or Comprehensive Housing ~~ffordability
Strategy) that has been approved by HUD:
Use of Fnnds - It has complied with the following criteria:
11~• nom Feasible Pric~r;ty, With respect to acti~itiee expected to be a5sistt:d with CDBG funds,
it certifies that it has devr]oped its Action Plan so as to give maximum feasible priority to
activities which benefit low and moderate income families or aid in_the prevention or elimination
of slums or blight. The Action Plan may also incl~ide activities which the gnmtee certifies arc
designed to meet other community develalmtent needs having a particular urgency because
existing conditions pose a serious and irrt:tiediate threat to the health or weli'are of the
cotrtmunih'. and other financial resources .are not available);
Overall Beuefit_ 'r'ite aggregate use of CDBG funds including section l08 guatxrttexd loans
during program year(s) 2002/2003 (;~ perial specified by the grantee ~;onsisting.of one,
two, _07 three specific conseeudve program, years), shall principally beaeftt~jiersona of low and
moderate income in s manner that rnsutes that at least 70 percxnt of the amvuat is expended for
activities that benefit such persons during rite designated period;
Special Assessments. It will not attempt U~ recover any, capital costs of public itnprovtmeats
assisted w~tb CDBG fbrnds ine]uding Section 1061oan guaranteed fiords by assessing nay amount
against properties owned and occupied by persons of low and moderate inc~nne, including any
fee: charged or assessment made as a condition of obtaining access to such public itnQtovements.
However, if CDBG funds are used to pay the prop~xtiott ~~f a fee or assessment that relates to the capital
costs of public improvements (assisted in inrt with CDBG funds) fu~utced from other revenue
sources, an asseasttttnt or charge may be nnade al;ainst the property with ro,~pect to the public
improvements financed by a source outer than CDBG tiu'tds,
'ate jurisdiction will not atterhpt to recover any capital costs of public improvements assisted with
CDBG funds, including Section 108, unless CDF~G Rinds arc used to pay flee proportion of fee or
assessment attributable to the capital costs of pul-lic improvements financed fiom Other revenue
sources. In this case, an assessrornt or charge maybe made against the proi~etty with~respect to
the public improvements financed by a source other than CDBG funds. Also, in the case of
properties owned and occupied by moderate-income (not low-income) families, ate assessment or
charge may be made against the property ibr put•lic improvements financed by a source outer
than CL1BG Hinds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment.
Exce:live Force -= It has adopted and is enforcing:
1 • A policy grohibitin~ the use of excessive force by 1 aw enforcement agencies within ite
jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
Z. A policy of efforcing applicable State and local la•~vs against physically barriag rntranee to or
exit from a facility or location which is the subject of such non-violent civil sights
demonstrations within its jurisdiction;
Compliance With Anti-diaerlm3nat[on laws -- The grant will be conducted aad administen:d in conformity
with title VI of the Civil Rights Act of 1964 (42 USC 200(Id), the Fair Housing A.ot (42 USC 3601-3619),
and implementing Tegulatiot~.
Lead-Based 1~a1nt -Its notification, inspection, testing and abatement procedures cance~nittg lead-based paint
will comply with the requirements of Z4 CFR §570.608;
Compliance with haws -- rt will comply with applicable laws.
C W May 13, 2002
Signature/Authorized Offici Date
Title County Executive
~'• .
Specl$c HOME C~artlflca•tions
'ii'ht HON[ participating jurisdiction certifies that:
'r
Tenant Based Rental Assistance -- if the participating juri;>diction intends to provide tenant-bash ~teatal
assistancC:
The use of k10IvtE funds for tenant-based rental assistance is an essential element of the participating
jurisdiction's consolidated plan for e~tpanduig the supply, affordability, and availability of
decent, safe, sanitary, and affordable housir-g.
EUgible Aetivttits wd Coab - it is 4sirig and will use HO;NiE funda for eligible activities a~r~d wsta, as
descnbed in 24 CFR § 92.205 thrpugh 92209 and that it is not using and will not use HOME funds for
prohibited activities, as described is $ 92.214.
Appropt•late Financial Assistance -before committing any funds to a project, it will evalu:ste tht project in
accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds
in combination with other Federal assistance tfian is ^ecessary to provide affordable housing;
Hay 13, 2002
• S gnature/Authariud OPScial Date
Title County Executive
~ I
bt)CUi11Et'11' 2.1
LOCAL GOVERNM~CNT GRAN'C~~
EMERGEwCY SHELTEEi', C3RAt~1TS PROGRAM
C~RTiFICATION9 BY .THE Ct11EF ~)CECUTIVE OFFICER
l,rRichard Wittenberg ,Chiefl:xecutivet7t~'ieerOf
Santa Clara County ~rt~ that the logrl grneriuneat will etrstlre the provision of the
matching supplarnetttal funds requited by the regulation at Z,{ CFR S76.S1. C have attached to this
certification a description of the sources end amourrts oP~arctr strplrlemsntal funds.
I further certify that the local governtt-ent will comply with:
(i) ~Che requircrnprtq of 24 C,'FR 576.21(axQ) l,roviding that the funding of homeless
pt~evetmiaa activities for bam(lies that have eeceived eviction notices or notices of
termination of utility urvices will max fire rc~quhrements that: (A) the inability of the
• family to make titre requlrtid payments amst be tEle result of a sardden reditt:tion in income;
($) the aesistattce must be necessary to avoid diction of the famr7y or termination of the
t~ervices to the family: (C) there muss ba a reasonable prospect tttiat the taarily wit) be able
bo ~~ paymatt5 ~~ a t'casarrabl~: period of time; and (D) the assertince must not
supplant funding for prtexlsting bomeles~s prvrcrtian activities 1rOtn any other source.
(2) Ille requirements of 24 CFR 576.53 caicerninl; the continued use of buildings for which
emergency sheltrc grants are used for ndrabilitation or conversion of buildings for use as
emergency shettets for the homeless; or mbar farads arr ustd aokly for atrerating costs or
essential secvicxs.
(3) - Tht building standards requiternettt of Zai CFR 576.55;
(4) The requirements of 24 CFR 576.56, concernir>g assistance to ttx homelesr; and
(S) The requirements of 24 CFR 57657, otha appr~~priate provisions of 24 t:ER Pert 576, and
other applicable Federal laws rnnceraing nondiscrimiaatiop sad eq~ oppr,~y
(6) 'The requ'nzrtreats of 24 Ct'R 576.59(b) concerning the Uniform Rdocatiorr Assistance and
Real Property Acquisition Policies Act o f 1970.
(7) The requirement of Z4 CFR 57ti.59 concerning miaimi7; ~o, the displaamrnt of persons a_9
a result of a project assisted with these funds,
(8) The requirements of 24 CFR Put Z4 comaerning the l?rug k'ree Rrorkplace Act of 1988.
(9) The requirements of 24 CFR 576.S6(a} and 576.65(b) that grantees develop and implement
procedures to ensure the confidentiality of records pertaining b any individual provided
family violence preverrtion or treatment a~ervice:~ under any project assisted with I;SG fwrds
and that the address or location of any ~atnily violence shelter project vvill not bt made
public., except with written suthorizati~on of the person or persons responsible for the
operation of such shelter.
, , (l0) The roquircmer. t recipients involve to tite maximum e: ~"~
~ ~ practiGtble, homeless
individuals utd t~n~ies in policymaking, renovating maintairtutg, and opanting facilitip
assisted under the E$G pr'ogtam, and iin providirtl; services for occupants of these facilities
as provided by 24 CFR ?6.SiS..
(1l) 'The requirements of 24 CFIZ 576.570) are rt~et dealing wide the prov'~sioos of, and
regulations and procedures applicable with respect to the errvirnrunental t'eview
tcsponsibilitia under the National Environmental Policy Act of 1%9 and related
authorities as sirecified in 24 CFR Piet 58.
I further certify that the submission of a completed and approved Consolidated Plan wjth its
certifications, which act as the application for aq Ertetgency Shelter Grant, is authorized uruier State and/or
Iota) law, end tizat the local governmaat possesses legal authotiry to carry out grant activities in accordance
with the applicable laws and regulations of the Department of Ha~siag apd Urban Development.
Nau-e end 'T'itle
Signature of Chief irr~ecutive Offic
~y t3_ ~nn~
Date
County Executive
Title '
APP>ENbIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYII~IG ANb DRUa3-FRET: WORKPLACE R)?QUIRP.MENTS:
r
A. LobbYin2 Certtfication
This certification is a material rcprestntation of fact upon which reliance was placed ~vhca this
transaction was made or entered into. Submission of this certification is a prctti-quisite
for making or entering into this transaction imposed by section 1352, title 31, U.S. Code.
Any pt;rsah who fails to file the required cettificaticm shall be subject to a civil pehalty
of not less than S 10,000 and not more than S 100,000 for each such fhilure.
B. Utu~, Free Worlmlace Certifioation
By signer and/or submitting this af~plicati~m Or grant agrcemeut, the
grantee is providing the certification..
2. 'Ihe cxrtification is a material rcpresent~tivn of fact upon which reli~ice is
placed when the agency awards the grant. ~If it is later determined tht~t the
grantee knowingly rendered a false ~.ertifiaition, or otherwise violates the
requirements of the brag-Free Worldlace .4ct, HUD, in addition to any other
remedies available to tht Federal Gt~vernmcnt, may take action authorized under
the Dcug-Free Woti~lacc Act.
Workplaces under grant, for grantees other than individuals, aced not
be identified on the certification. II'knovrn, they may be idcrttified ir, the
grant application: If the grantee does not identify tha workplaces ~ the
time of application, or upon award, ;if them is no application, the grantee
must keep the identity of the worldlace(s) on file in its office and nuke
the infornsatiott available for Federal inspection. Failure to identifja:-ll
known workplaces constitutes a violation of the gtantte's drug-free
workplace requircmanta.
4. Workplace identifications must include tb~: actual address of buildit~;s
(or parts of buildings) or other Bites where work under the grattt takes
place. Categorioal descriptions may be us+:d {e.g., all vehicles of a u-ass
transit authority or State highway de:pattrnrht while in operation, State
cinployees in each local unernployntent office, performers in concen:
halls or radio stations).
5. If the workplace identified to the agency changes duripg the
performance of tht grant, the grantee shall inform the agency of the
charge(s), if it previously identified the workplaces in question (see
paragraph three).
The grantee may insert in the space provided below the site(s) for the
performancC of work done in cormectioa with the specific greet:
Place of Puformanee (Street address, city, county, state, zip code)
Check _ if there arc workplaces on file that are not identiSed here:.
The certification vrit}t regard to the drug-free workplace is required by 24 CFR part 24, subpart F.
7. lacfinitions pf teens in the Nonprvcuremetd Suspcnaion and 1)ebatmcnt
• common rule $ad Drug-Free Workplace cammoa rule apply to this
cxrhiScation. Crrantees' atUartivn is called, itt particular, W the follovt~{ng
defiaitiorrs from these rules:
"Controlled substance" means a controlled substance in Schedules I through V of the
Controlled Substances Act (21 U.S.C. 612) and as furtlxr defined by
regulation (21 CFR 1308.11 ttuough 1308.15);
"Conviction" means a fording of guilt (including a pica of nob contandere) or
imposition of sentence, or both, by ~Y juiticia! body chargod with the
t~spa:tsibility to detiermint violatios~ of the Federal or State criminal
drug statutes;
"Criminal drug statute" means a Federal or non-Federal criminal statute involving the
manufacture, distn~bution, disptnsing, use, or possession of atry
eattmlled substance;
~Eatployec" means the employee of a grantco directly em@aged in the performance cif
work under a grant, including: (a) All "direct charge" ctnployees; (ii) all
"indirect charge" employees artless their im{raet or involvement is
insignificant to the pafprmanee of the grunt; and (iii) tremporuy
persotntel aatd coarsrrltanta who are directly engaged in the perfornnFUtce
of work tundct the grant and who are on t)te grantee's payroll. This
definition does not includo worktKs not oe the payroll of the prarttaa
(e.g., vdlu#rteers, sore if used to mat a rtiatching tequirttttent;
consultants or independent contractors nc-t on the grantee's payroll; or
employees of subrecipituts or subeontra~tors in covered workplaces).
ASSURANCES
EXHIBIT F
CORPORATION hereby assures and certifies th~it it will comply with all regulations, policies,
guidelines and requirements applicable to the acc~:ptance and use of Federal funds for this
Federally-assisted program and will be responsible for implementing and complying with all
relevant future changes to Federal Regulations or OMB Circulars. Specifically CORPORATION
gives assurances and certifies with respect to the PROGRAM that it is in compliance with the
following Regulations as defined by 24 CFR, Part 570, Subpart J; 24 CFR, Part 570, Subpart K;
and will be conducted and administered in conformity with "Public Law 88.352 and Public Law
90-284.
570.601. Public Law 88-352 and Public Law 90-284; affirmatively furthering fair
housing; Executive Order 11063, as amended by Executive Order 12259 addresses
discrimination. HUD regulations implementing Executive Order 11063 are contained in
24 CFR, Part 107.
2. 570.602. Section 109 of the Act addresses discrimination.
3. 570.603. Labor Standards.
4. 570.604. Environmental Standards.
5. 570.605. National Flood Insurance Program.
6. 570.606. Relocation, Displacement and A~:quisition.
7. 570.607. Employment and Contracting Opportunities.
8. 570.608. Lead-Based Paint.
9. 570.609. Use of Debarred, Suspended, or Ineligible Contractors or Subrecipients.
10. 570.610. Uniform Administrative Requirement and Cost Principles. The COUNTY, its
Subrecipients, agencies or instrumentalities, shall comply with the policies, guidelines,
and requirements of 24 CFR Part 85 (Common Rule), and OMB Circulars A-110 (Grants
and Agreements with Non-Profit Organizations), A-122 (Cost Principles for Non-
Profits), A-128 (Audits of State and Local Governments-implemented at 24 CFR, Part
24), and A-133 (Audits of Institutions of Higher Education and Other Non-Profit
Institutions), as applicable, as they relate to the acceptance and use of Federal funds
under this part. The applicable sections of 24 CFR, Part 85 and OMB Circular A-100 are
set forth at 570.502.
EXHIBITF-ASSURANCES 1 REVISED 11/1x/00
11. 570.611. Conflict of Interest.
12. 570.612. Executive Order 12372 allows States to establish its own process for review
and comment on proposed Federal financial assistance programs, specifically the use of
CDBG funds for the construction or planning of water or sewer facilities.
wg/fy2000/O1/files
contracts/assurrances
EXHIB/TF-ASSURANCES 2 REVISED 11/15/00
B-2 (HCD-O)
EXHIBIT G
INSURANCE REOIJIREMENTS FOR
NON-CONSTRUCTION /NON-PROFESSIONAL CONTRACTS ABOVE $100 000
Indemni
The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter
"County"), its officers, agents and employees fr~~m any claim, liability, loss, injury or damage
arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents,
employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence
or willful misconduct of personnel employed by the County. It is the intent of the parties to this
Agreement to provide the broadest possible coverage for the County. The Contractor shall
reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to
any litigation in which the Contractor is obligatf;d to indemnify, defend and hold harmless the
County under this Agreement.
Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and
maintain at its own expense, during the term of this Agreement, or as may be further required
herein, the following insurance coverages and provsions:
A. Evidence of Coverage
Prior to commencement of this Agreemer,.t, the Contractor shall provide a Certificate of
Insurance certifying that coverage as required herein has been obtained. The County's
Special Endorsement form shall accompany the certificate. Individual endorsements
executed by the insurance carrier may be s~.~bstituted for the County's Special Endorsement
form if they provide the coverage as requir~;d. 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 requesting County department, unless
otherwise directed. The Contractor shall not receive a Notice to Proceed with the work
under the Agreement until it has obtained al l insurance required and such insurance has been
approved by the County. This approval of insurance shall neither relieve nor decrease the
liability of the Contractor.
B. Qualifying Insurers
All coverages, except surety, shall be issued by companies which hold a current policy
holder's alphabetic and financial size category rating of not less than A V, according to the
current Best's Key Rating Guide or a comp;~ny of equal. financial stability that is approved
by the County's Insurance/Risk Manager.
B-2 (HCD-O)
C. Insurance Required
EXHIBIT G
1. Commercial General Liability Insurance -for bodily injury (including death) and
property damage which provides limits as follows:
a. Each occurrence - $1,000,000
b. General aggregate - $2,000,000
c. Products/Completed Operations aggregate - $2,000,000
d. Personal Injury - $1,000,000
A minimum of 50% of each of the aggregate limits must remain available at all
times unless coverage is project specific.
2. General liabili coverage shall include:
a. Premises and Operations
b. Products/Completed
c. Contractual liability, expressly including liability assumed under this
Agreement.
d. Personal Injury liability
e. Owners' and Contractors' Protective liability
f. Severability of interest
3. General liability coverage shall include the following endorsements, co iep s of
which shall be provided to the County:
a. Additional Insured Endorsement:
Insurance afforded by this policy shall also apply to the County of Santa
Clara, and members of the Boazd of Supervisors of the County of Santa
Clara, and the officers, agents, and employees of the County of Santa Clara,
individually and collectively, as additional insureds. Such insurance shall
also apply to any municipality in which the work occurs and they shall be
named on the policy as additional insured (if applicable).
2
B-2 (HCD-O)
b. Primary Insurance Endorsement:
EXHIBIT G
Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by the County of Santa
Claza, its officers, agents, and employees shall be excess only and not
contributing with insurance; provided under this policy.
c. Notice of Cancellation or Change of Coverage Endorsement:
Insurance afforded by this policy shall not be canceled or changed so as to
no longer meet the specified County insurance requirements without 30
days' prior written notice of such cancellation or change being delivered to
the County of Santa.
d. Contractual Liability Endorsement:
Insurance afforded by this policy shall apply to liability assumed by the
insured under written contract with the County of Santa Claza.
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.
Workers' Compensation and Employer's Liability Insurance
a. Statutory California Workers' Compensation coverage including broad form
all-states coverage.
b. Employer's Liability coverage for not less than one million dollars
($1,000,000) per occurrence:.
Coverage under the Unite~~ States Longshoremen's and Harbor Workers'
Act shall be provided when applicable.
D. Special Provisions
The following provisions shall apply to thi;~ Agreement:
The foregoing requirements as to the types and limits of insurance coverage to be
maintained by the Contractor and jury approval of said insurance by the County or
its insurance consultant(s) aze not intended to and shall not in any manner limit or
qualify the liabilities and obligations otherwise assumed by the Contractor pursuant
B-2 (HCD-O)
EXHIBIT G
to this Agreement, including but not limited to the provisions concerning
indemnification.
2. The County acknowledges that some insurance requirements contained in this
Agreement 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 Agreement. Any self-insurance shall be approved in writing by the County
upon satisfactory evidence of financial capacity. Contractors obligation hereunder
may be satisfied in whole or in part by adequately funded self-insurance programs
or self-insurance retentions.
3. Should any of the work under this Agreement be sublet, the Contractor shall require
each of its subcontractors of any tier to carry the aforementioned coverages, or
Contractor may insure subcontractors under its own policies.
4. The County reserves the right to withhold payments to the Contractor in the event
of material noncompliance with the insurance requirements outlined above.
B-2 (HCD-O)
Revised 12/11/00 -all owned auto
4
~~ ,o~`~
AGREEMENT
This Agreement is made and entered into this 29th day of July, 2003, by and between the
CITY of Cupertino, a municipal corporation ("C'ITY") and Senior Adults Leal Assistance, a
nonprofit corporation ("CORPORATION").
WITNES SETH
WHEREAS, CITY has received Community Development Block Grant (hereinafter
"CDBG") funds through an entitlement from tl~e United States Department of Housing and
Urban Development (hereinafter known as HUD).
WHEREAS, CITY has agreed to allocate a ;~~ortion of its CDBG funds to CORPORATION
as a subrecipient for public service related activities within the CITY which shall primarily
benefit very low and low income households.
NOW, THEREFORE, the parties agree as follows:
I. PROGRAM
CITY agrees to allocate to the CORPORA~,ION a sum not to exceed $11,667.00 in funds
for the purpose of implementing the housing program ("Program") as more particularly described
in Exhibit "A" (Program Description), Exhibit "B" (Project Work Plan) Exhibit "C" (Time
Schedule) and Exhibit "D" (Project Budget).
II. TE]~2M
The term of this Agreement shall begin Jul~/ 1, 2003 and shall terminate June 30, 2004, or
the date of the expenditure of the total grant amount provided for herein, or upon the termination
date established pursuant to Section V or Section VII.
III. OBLIGATIONS OF CORPORATION
A. Organization of CORPORATION. CORPORATION shall:
1. Provide CITY with:
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 nonprofit status;
d. Names and addresses of the current Board of Directors of CORPORATION; and,
e. An adopted copy of CORPORA'TION'S personnel policies, procedures and
approved affirmative action plan.
2. Report any changes in CORPORATION'S Articles of Incorporation, Bylaws, Board of
Directors, personnel policies and procedures, affirmative action plan, or tax-exempt
status immediately to Program Manager.
3. Maintain no member of its Board of Directors as a paid employee, agent or
subcontractor under this Agreement.
4. Open to the public all meetings of its Board of Directors, except meetings, or portions
thereof, dealing with personnel or litigation matters.
5. Keep minutes of all its regular and special meetings.
6. Comply with all provisions of California Nonprofit CORPORATION Law.
B. Program Performance by CORPORATION. CORPORATION shall:
1. Conduct the PROGRAM within the City of Cupertino for the purpose of benefiting very
low and low-income households.
2. File quarterly narrative reports with the CITY on the types and numbers of services
rendered to Cupertino beneficiaries through the operation of the project, which reports
shall evaluate the manner in which the project is achieving its goals. The reports shall
be due within ten (10) working days of the end of the calendar year and shall cover the
entire year immediately preceding the date on which the report is filed. Said reports
shall be made on forms approved by CITY.
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 private sources and, in the event of such an award, inform
CITY within ten days.
5. Notify CITY within ten (10) days of the receipt of any local, state, federal, or private
sources of revenue for use in support of this operation or service.
6. Include an acknowledgment of CITY funding and support where appropriate.
C. Fiscal Responsibilities of CORPORATION. CORPORATION shall:
1. Appoint and submit the name of a fiscal agent who shall be responsible for the financial
and accounting activities of CORPORATION, including the receipt and disbursement
of CORPORATION funds. The CITY shall immediately be notified in writing of the
appointment of a new fiscal agent and that agent's name.
2. Establish and maintain an accounting system that shall be in conformance with
generally accepted principles of accounting. The accounting system shall be subject to
review and approval of CITY.
3. Document all Program costs by maint<<ining records in accordance with Section III,
Paragraph D below.
4. Submit on a quarterly basis, within ten (10) working days of the end of the quarter, a
payment request containing a summ~iry statement of proposed expenditures and
revenue for the quarter immediately following the date on which the report is filed and
cumulative totals from the effective date of this agreement. In addition, the amount of
actual expenditures shall be reported to CITY within ten (10) working days of the end
of each quarter. Said reports shall be made on forms approved by CITY.
5. Submit to the CITY'S Finance Director an annual audit performed by an independent
auditor.
6. Certify insurability subject to CITY approval as outlines in Exhibit "E" (Insurance).
7. If applicable, submit an indirect cost pla~i to CITY for approval.
8. Items 1 through 7 are express condition; precedent to any CITY funding and failure to
comply with these conditions will, at discretion of CITY, result in suspension of
funding or termination of this Agreement.
9. CORPORATION is liable for repayment of all disallowed costs. Disallowed costs may
be identified through audits, monitoring or other sources. CORPORATION shall be
required to respond to any adverse findings that may lead to disallowed costs. The
CITY shall make the final determination of disallowed costs, subject to provisions of
OMB Circular A-122, "Cost Principles fier Non-Profit Organizations."
D. Establishment and Maintenance of Records. CORPORATION shall maintain complete and
accurate records of all its transactions including, but not limited to, contracts, invoices, time
cards, cash receipts, vouchers, canceled cheeks, bank statements, client statistical records,
personnel, property and all other pertinent re~;ords sufficient to reflect properly (1) all direct
and indirect costs of whatever nature claimed to have been incurred or anticipated to be
incurred to perform this Agreement or to operate the Program, and (2) all other matters
covered by this Agreement.
E. Preservation of Records. CORPORATION sl-~all preserve and make available its records:
1. Until the expiration of three years from the date of final payment to CORPORATION
under this Agreement; or
2. For such longer period, if any, as is required by applicable law; or,
3. If this Agreement is completely or partially terminated, the records relating to the work
terminated shall be preserved and made available for a period of three years from the
date of termination.
F. Examination of Records; Facilities. At any time during normal business hours, and as often
as may be deemed necessary, CORPORATION agrees that the CITY'S authorized
representative(s) may until expiration of (1) three years after final payment under this
Agreement, (2) three years from the date of termination of this agreement, or (3) 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 Agreement or the operation of
the Program, and all its records with respect to the Program and all matters covered by this
Agreement. CORPORATION also agrees that the CITY'S authorized representative(s) shall
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, material and all other data relating to the Program and
matters covered by this Agreement. 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.
G. Compliance with Law. CORPORATION shall become familiar and comply with and cause
all its subcontractors and employees, if any, to become familiar and comply with all
applicable federal, state and local laws, ordinances, codes, regulations and decrees
including, but not limited to, those federal rules and regulations, executive orders and
statutes identified in Exhibit "F" (Assurances). Specifically, CORPORATION shall comply
with the requirements and standards of OMB Circular No. A-122, "Cost Principles for Non-
Profit Organizations" and the following attachments to OMB Circular No. A-110:
1. Attachment A, "Cash Depositories, "except for Paragraph 4 concerning deposit
insurance;
2. Attachment B, "Bonding and Insurance;"
3. Attachment C, "Retention and Custodial Requirements for Records;"
4. Attachment F, "Standards for Financial Management Systems;"
5. Attachment H, "Monitoring and Reporting Program Performance," paragraph 2;
6. Attachment N, "Property Management Standards," except for paragraph 3 concerning
the standards for real property; and
7. Attachment O, "Procurement Standards."
IV. OBLIGATIONS OF CITY
A. Method of Payment. During the term of this Agreement, CITY shall reimburse
CORPORATION for all allowable costs a~1d expenses incurred in connection with the
Program, not to exceed the total sum of Eleven Thousand Six Hundred and Sixty Seven
Dollars and No Cents ($11,667.00) except that the CITY may, after the corrective action
procedure is followed, suspend or terminate payment to CORPORATION, in whole or in
part, under this Agreement or not to make any particular payment under this Agreement
based on CORPORATION'S noncompliance, including, but not limited to, incomplete
documentation of expenses, failure to submit adequate progress reports as required herein or
other incidents of noncompliance as describe~~ in Section V, Paragraph B, of this Agreement
or based on the refusal of 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. CONTRACT COMPLIANCE
A. Monitoring and Evaluation of Services. :Evaluation and monitoring of the Program
performance shall be the mutual responsibility of both CITY and CORPORATION.
CORPORATION shall furnish all data, ~.tatements, records, information and reports
necessary for Program Manager to monitor., review and evaluate the performance of the
Program and its components. CITY shall 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. Upon receipt by CITY of any information that evidences a failure
by CORPORATION to comply with any provision of this Agreement, CITY shall have the
right to require corrective action to enforce compliance with such provision. Areas of
noncompliance include but are not limited to:
1. If CORPORATION (with or without knowledge) shall have made any material
misrepresentation of any nature with respect to any information or data furnished by
CITY in connection with the Program.
2. If there is pending litigation with respect to the performance by CORPORATION of
any of its duties or obligations under this Agreement which may materially jeopardize
or adversely affect the undertaking of or the carrying out of the Program.
3. If CORPORATION shall have taken any action pertaining to the Program which
requires CITY approval without having obtained such approval.
4. If CORPORATION is in default under any provision of this Agreement.
5. If CORPORATION makes improper use of CITY funds.
6. If CORPORATION submits to CITY any report which is incorrect or incomplete in any
material respect.
C. Corrective Action Procedure. CITY, upon occurrence or discovery of noncompliance by
CORPORATION under this Agreement, shall give CORPORATION notice of CITY'S
intention to demand corrective action to enforce compliance. Such notice shall indicate the
nature of the noncompliance and the procedure whereby CORPORATION shall have the
opportunity to participate in formulating any corrective action recommendation. CITY shall
have the right to require the CORPORATION President and/or Executive Director to appear
at a hearing or meeting called for the purpose of corrective action. Thereafter, CITY shall
forward to CORPORATION specific corrective action recommendations and a detailed
timetable for implementing these recommendations; such timetable shall allow
CORPORATION not less than ten (10) nor more than thirty (30) days to comply. Following
implementation of the corrective actions, CORPORATION shall forward to CITY, within
the time specified by CITY, any documentary evidence required by CITY to verify that the
corrective actions have been taken.
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 Agreement.
D. Termination for Cause. Notwithstanding anything to the contrary contained in the foregoing,
CITY may terminate this Agreement by written notice to CORPORATION, if any of the
events of noncompliance listed in Section V, Paragraph B, occur or are discovered, if
CORPORATION does not implement any recommended corrective action, if
CORPORATION is in bankruptcy or receivership, if a member of the CORPORATION'S
Board of Directors, the Executive Director or other administrative staff person is the subject
of investigation for wrongdoing, or if there is reliable evidence that CORPORATION is
unable to operate the Program. Termination under this section shall be effective on the date
notice of termination is received or such later date as may be specified in the notice.
VI. PROGRAM COORDINATION
A. CITY: The Housing and Services Planner, or his/her designee, shall be the Program
Manager for the CITY and shall monitor progress and performance of this Agreement for
CITY. The Program Manager shall be responsible for all services agreed to be performed by
CITY.
B. CORPORATION: A single Program Director who shall have overall responsibility for the
progress and execution of this Agreement shall be assigned. Should circumstances or
conditions subsequent to the execution of this Agreement require a substitute or replacement
Program Director, CORPORATION shall immediately notify CITY of such occurrence.
Program Director and CORPORATION staff will cooperate fully with CITY in fulfillment
of this Agreement.
C. Correspondence: All correspondence and notices required by this Agreement shall be sent to
the parties at the following address:
CITY: Senior Planner (Housing Services), Community Development Department, City of
Cupertino,10300 Torre Avenue, Cupertino, CA 95014
CORPORATION: Executive Director, 160 East Virginia Street, Suite 260, San Jose, CA
95112
All notices shall either be hand delivered or sent by United States mail, registered or
certified, postage prepaid. Notices given in such a manner shall be deemed received when hand
delivered or seventy-two (72) hours after depo;~it in the United States mail. Any party may
change his or her address for the purpose of this "ection by giving five (5) days written notice of
such change to the other party in the manner provided in this section.
VII. TERMINATION
A. In addition to CITY'S right to terminate for cause set forth in Section V, either CITY or
CORPORATION may suspend or terminate this Agreement 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.
B. Upon termination, either under this Section `'II or Section V, CORPORATION shall:
1. be paid for all documented services actually rendered to CITY to the date of such
termination; provided, however, CITY shall be obligated to compensate
CORPORATION only for that portion of CORPORATION'S services which are
allowable costs and expenses as determi~ied by an audit or other monitoring device;
2. turn over to CITY immediately any an~j all copies of studies, reports and other data,
whether or not completed, prepared by CORPORATION or its subcontractors, if any,
in connection with this Agreement. ~~11 documents from applicants or regarding
applicants shall be treated confidentially. Such materials shall become property of
CITY. CORPORATION, however, shall not be liable to CITY'S use of incomplete
materials or for CITY'S use of completed documents if used for other than services
contemplated by this Agreement; and
3. transfer to the CITY any CDBG funds on hand and any accounts receivable attributable
to the use of CDBG funds. All assets a~~quired with CDBG funds shall be returned to
the CITY.
C. Upon termination of this Agreement, CORPPORATION shall immediately provide CITY
access to all documents, records, payroll, minutes of meetings, correspondence and all other
data pertaining to the CITY funds granted to CORPORATION pursuant to this Agreement.
VIII. PURCHASING REAL OR PERSONAL PROPERTY
A. Title to Personal Property. Title to any personal property used in connection with the project
shall vest as follows:
1. Personal property donated or purchased with other than CITY funds shall become the
property of CORPORATION or person specified by the donor or funding source;
otherwise the same shall become the property of CITY except for property and
equipment as described in 2.
2. Personal property and equipment permanently affixed to building owned by
CORPORATION shall become the property of CORPORATION.
3. All other personal property, supplies and equipment purchased pursuant to this
Agreement and not consumed shall become property of CITY.
B. Non expendable Property. Non-expendable property purchased by CORPORATION with
funds provided by CITY, with a purchase price in excess of One Hundred Dollars ($100),
must be approved in advance in writing by CITY. CITY shall retain title to said property. If
a Program will be continued beyond termination of this Agreement, CITY at its option, may
revert title to CORPORATION.
C. Purchase of Real Property. None of the funds provided under this Agreement shall be used
for the purchase of real property, unless CITY approves such purchase in writing containing
any conditions the CITY deems appropriate prior to the time CORPORATION finalizes
such purchase. Approval of any such contract or an option to purchase shall be processed
through the Program Manager.
D. Security Document. As a condition precedent to CITY releasing funds for the purchase of
real property or an option to purchase real property, CORPORATION shall prepare and
execute a promissory note, deed of trust or other Agreement restricting the use of said real
property for purposes consistent with this Agreement, HUD and CDBG requirements.
IX. PROGRAM INCOME
Income generated by the Program shall be retained by CORPORATION. Such income
shall be used to reduce the monthly request for funds under this Agreement and for the same
purposes and activities described in Exhibit A. All provisions of this Agreement shall apply to
the use of Program income for such activities.
X. INDEPENDENT CONTRACTOR
This is an Agreement by and between independent contractors and is not intended and
shall 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 subcontractors, shall not have any claim under this Agreement or
otherwise against CITY for any Social Security, Worker's Compensation, or employee benefits
extended to employees of CITY.
XI. ASSIGNABILITY
A. This Agreement may not be assumed nor assigned to another corporation, person,
partnership or any other entity without the prior written approval of CITY.
B. None of the work or services to be performed hereunder shall 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 thirty (30) days prior to the proposed
effective date. In the event CITY approves any such assignment, delegation or subcontract,
the subcontractors, assignees or delegat~;s shall be deemed to be employees of
CORPORATION, and CORPORATION shall be responsible for their performance and any
liabilities attaching to their actions or omissicros.
XII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION
CITY and CORPORATION agree to maintain the confidentiality of any information
regarding applicants for services offered by the Program pursuant to this Agreement or their
immediate families which may be obtained through application forms, questionnaires,
interviews, tests, reports from public agencies or counselors, or any other source. Without the
written permission of the applicant, such inforrr~ation shall be divulged only as necessary for
purposes related to the performance or evaluation of the services and work to be provided
pursuant to this Agreement, and then only t~~ persons having responsibilities under this
Agreement, including those furnishing servi~:es under the Program through approved
subcontracts.
XIII. HOLD HARMLESS
CORPORATION shall indemnify and hold CITY, its officers, employees and elected
officials, boards and commissions, harmless wit}i respect to any damages, including attorney's
fees and court costs, arising from:
A. the failure of the Program to comply with ~ipplicable laws, ordinances, codes, regulations
and decrees; or,
B. any negligence or omission arising out of any work or services provided by
CORPORATION, its officers, employees, agents or subcontractors under the Program or
this Agreement.
XIV. WAIVER OF RIGHTS AND REMEDIES
In no event shall any payment by CITY constitute or be construed to be a waiver by
CITY of any breach of the covenants or conditio~ls of this agreement 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 shall exist shall in no way impair or prejudice any right or remedy available to
CITY with respect to such breach or default. In no event shall 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 Program or this Agreement.
XV. NONDISCRIMINATION
In connection with the performance of this Agreement, CORPORATION assures that no
person shall be subject to discrimination because of sex, race, religion, ethnic background, sexual
preference, age, handicapped status or union activity.
XVI. AMENDMENTS
Amendments to the terms or conditions of this Agreement shall be requested in writing
by the party desiring such amendment, and any such amendment shall be effective only upon the
mutual Agreement in writing of the parties hereto.
XVII. INTEGRATED DOCUMENT
This Agreement 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
or obligations contained in any documents comprising this Agreement.
XVIII. MISCELLANEOUS
A. The captions of this Agreement are for convenience of reference only, and the words
contained therein shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Agreement.
B. All exhibits attached hereto and referred to in this Agreement are incorporated herein by this
reference as if set forth fully herein.
This AGREEMENT, consisting of eleven (11) pages, contains the entire agreement
between CITY and CORPORATION respecting ~:he allocation of CDBG funds for the provision
of housing services.
CORPORATION has executed this Agreement in triplicate on this Z~-day of
trst, 2003.
~~~p~
~7~~ ~'T~-- B y.
ECUT VE DIRECTOR
B y:
PRESIDENT
Board of Directors
~~~~
CITY has executed this Agreement in triplicate on is (~ day of A , 2004.
B
David W. Knapp
City Manager
Attested By: u.
CITY CLERK
Approved as to form:
CITY ATTORNEY
EXHIBIT A
General Information
Name of Applicant: Senior Adults Legal Assistance (SALA) Program Year: 2003-2004
Contact Person: Georgia BaC11 Title :Directing Attorney Project Number (For Office Use Only)
Address: 160 E. Virginia Street #260 city: San Jose state: CA Zip Code: 95112
Telephone Number:
(408) 295-5991 Fax Number:
(408) 295-7401 E-mail Address:
gbacil@sala.org
Name of Project/Program: Legal Assistance to Cupertino Elder;;
t.ocation: Cupertino Senior Center, 21251 Stevens Creek Bled. Cupertino, CA 95014
Project Type: ^ Single Family ^ Homeownership [] New Construction ^ Mixed Use
^ Multifamil ^ Rental ^ Rehabilitation Public Service
Project Description
Please describe the project with as many details as possible. Include general information, such as the number of
1nItS, number of GUpertln0 reSltlentS that WIII be serve(], ServIC@S that WIII be prOVltled, etc.
SALA is anon-profit law office that provides free legal services to Santa Claza County residents age 60 or older, with
an emphasis upon those who are low income or in social need. SALA's staff of 6 attomeys has expertise in problems
common to our target population. SALA's legal staff is augmented by 8 volunteer intake workers who assist with client
interviews at senior centers and by 15+ pro Bono attorneys who provide Simple Wills through SALA's No Fee Wills Panel.
Legal services (in the form of advice/refer als, consultations, representation, and community education) are provided in the
following areas: Public Benefits (Social Security, SSI, Medicare, Medi-Cal, In Home Supportive Services); Elder Abuse;
Nursing Homes; Advance Health Care Directives; Consumer; ~[ousing; and Simple Wills.
SALA has served Cupertino seniors since 1979. From 1997-98 through 2001-2002, support from Cupertino's CDBG
program enabled SALA to increase our number of half-hour appointments at the Cupertino Senior Center from 4 monthly
(the 1996-971eve1) to 10 monthly (the 2001-20021eve1). Increased support from Cupertino in 2002-2004 enabled SALA to
increase our appointments to 15 monthly. CDBG funds are requested for 2003-2004 to maintain SALA's can ent expanded
service levels at the Cupertino Senior Center. SALA also proposes to continue home visits to Cupertino elders who are
homebound or institutionalized. Clients with urgent legal problems will also be served on an "emergency" basis by
telephone. Cupertino elders who appear at SALA intake sites in other cities will also be served.
Prior to 1997-98, the waiting time for a SALA appointment ,~t the Senior Center was 2 months or longer. As a result,
only 42% of the Cupertino clients served by SALA from January to June 1997 were seen at the Cupertino Center, 16%
were served by telephone, and the remainder (42%) had to travel to a SALA intake site in another city. The continued
expansion of SALA's services for 2003-2004 will enable more Cupertino elders to be served locally instead of being forced
to seek services at other SALA sites or forgoing services altogether because of transportation barriers to these sites. The
long waiting time for a SALA appointment at the Cupertino Ce~iter will also be reduced. Since the initial service
expansion in July 1997, approximately 75% of the Cupertino elders served were seen at the Cupertino Center.
As detailed in the Project Work Plan, SALA will provide direct legal assistance to a minimum of 65 Cupertino clients
in 2003-2004. This goal includes all elders served through SAI.A's Cupertino project and not just those assisted through
the expansion at the Senior Center. SALA also proposes to conduct 1 community education presentation in Cupertino.
There is no other funding to support the proposed expansion at the Cupertino Center. If less than $11,667 in CDBG is
received, appointments at the Cupertino Center will be reduced proportionally. If $6,500 is received, SALA will provide
our 2001-2002 service levels (120 appointments/50 clients served). If $5,000 is received, SALA will provide our 1999-
2000 service levels (96 appointments/40 clients served). If less than $5,000 is received, it may not be feasible for SALA to
provide a second monthly intake session at the Cupertino Center. If no CDBG funding is received, SALA's services at the
Cupertino Senior Center will be reduced to bi-monthly appointment sessions, at best, or could be eliminated altogether.
11
EXHIBIT B
Project Work Plan
Fiscal Year 2003-2004
Agency Name: Senior Adults Legal Assistance
Project Name: Legal Assistance to Cupertino Elders
Date Prepared: 03/12/03
Project No.
For Office Use Only
Santa Clara County HCD
Responsible staff person(s) and
approximate percentage of the time
char ed to this activi Activity for period Products or milestones
Legal Services: Legal Services:* Legal Services*•
.16 FTE Legal Worker (Directing Attorney, Provide direct legal services to 65 Cupertino Serve 20 elders in the First Quarter and 15 elders
Supervising Attorney, Staff Attorney, Staff clients by offering 36 intake days (consisting in Quarters 2 through 4.
Paralegal, or Volunteer) of 5 half hour appointment each) at the
Cupertino Senior Center, other intake sites,
by home visits or telephone intake.
Community Education: Community Education: Community Education•
.002 FTE Legal Worker (Directing Attorney, Make one community education presentation Make one presentation by June 30
2004.
Supervising Attorney, Staff Attorney, Staff in Cupertino. ,
Paralegal, or Volunteer)
* NOTE: The proposed annual goal for 65 Cupertino clients served includes all elders served through SALA's Cupertino project and not just those
assisted through the service expansion at the Senior Center.
EXHIBIT C
Proposed Implementation Time Schedule
Fiscal Year 2003-2004
Agency Name: Senior Adults Legal Assistance Date: 03/12/03
Project Name: Legal Assistance to Cupertino Elders Project #: _
For Office Use Only
Santa Clara County HCD
S ecific Activities JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUN
Legal Services X X X X X X X X X X X X
(through appointment
days three times
monthly at Cupertino
Senior Center, other
intake sites, home
visits of by phone)
Community X
Education
(to be completed by
June 30, 2004
11
EXHIBIT' D
BUDGET
(For Cupertino CDBG funding. See Exhibit D-1 for total project budget)
Fiscal Year 2003-2004
Agency Name: Senior Adults Legal Assistance Date Prepared: 03/12/03
Project Name: Legal Assistance to Cupertino Elders Project #: Santa Clara County HCD
For Office Use Only
LINE ITEM JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUN
SALARIES
Personnel 893 816 854 893 777 893 854 777 893 854 816 854
Benefits 128 122 125 128 119 128 125 119 128 125 122 126
OFFICE EXPENSE
Rent
Phone/FAX
Printing
I ravel
Utilities
PROJECT EXPENSES
Accounting Services
Auditing Fees
Insurance
Davis-Bacon Compliance
PROJECT CONSTRUCTION
Appraisal
Engineering Services
Architectural/Desig n
Acquisition
Site investigation
12
EXHIBIT D-1
Project ]gudget
Fiscal Year 2003-2004
Applicant: Senior Adults Le awl As;~istance
Project Name: Legal Assistance to Cut~ertino Elders
LINE ITEM FISCAL YEAR 2003-2004
SALARIES
Personnel
~ 18,909
Benefits 2,572
OFFICE EXPENSES
Rent
2,800
Tele hone 420
Posta a 108
Printin 100
Su lies 380
Travel 68
Utilities 0
E ui ment Rental and Maintenance 168
Dues and Subscri tions 156
Other Publications and Law Libra 504
OTHER EXPENSES
Accountin Services
372
Contract Services 83
Insurance 720
Conferences and Trainin 200
Miscellaneous 14
Other De reciation/Client Costs 227
TOTAL $27,800.00
13
EXHIBIT E
BASIC INSURANCE AND BC)ND REQUIREMENTS FOR
NON-PROFIT I~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 constriction 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 I'ierein 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 omissi~~ns 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 t~ity under this Contract.
Inca iranra
Without limiting the Contractor's indemnifica~rion 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 covE~rages 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 Icy this Contract. The contract number
and project name must be stated on the Certificate of Insurance. The City's
Special 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 cover~~ge 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 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 obtaine~~ 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 ~ 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.
EXHIBIT G -NON-PROFITS 2 REVISED 6/8/95
c. Contractual Liability expressly including liability assumed under this
Contract.
d. Personal Injury liability.
e. Independent Contractors' (ProtE~ctive) liability.
f. Severability of Interest clau~;e providing that the coverage applies
separately to each insured excE~pt 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:
a. Additional Insured Endorsement:
Such insurance as is afforded by 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 ley the 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 policy.
c. Notice of Cancellation or Charn~e of Coverage Endorsement:
This policy may not be carn~elled 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:
EXHIBIT G -NON-PROFITS 3 REVISED 6/8/95
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.
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
($1,000,000) per occurrence for all
operations under this Contract.
not less than one million dollars
employees engaged in services or
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
EXHIBIT G -NON-PROFITS 4 REVISED 6/8/95
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
The following provisions shall apply to this Contract:
a. The foregoing requirements pis 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 lii~rtit or qualify the liabilities and obligations
otherwise assumed by thE~ Contractor pursuant to this Contract,
including but not limited to the K~rovisions concerning indemnification.
b. The City acknowledges that scme insurance requirements contained in
this Contract may be fulfille~~ 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 maint;~in 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 G -NON-PROFITS rJ REVISED 6/8/95
ADDENDUM TO EXHIBIT "G"
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 "G"
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 G -NON-PROFITS 6 REVISED 6/8/95
All policies shall contain a special provision fc-r thirty (30) days prior written notice of any
cancellation or reduction in coverage to k~e sent to the Community Development
Department as stated above, and the Contractor at the following address:
Contractor's Name
Street Address
City, Staie, Zip
C. Qualifying Insurers
All policies shall be issued by comp~~nies 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, per~~ormance 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*;
OF3
3. In lieu of 1 & 2, a comp~~ny of equal financial size and stability that
is approved by the City's Insurance/Risk Manager.
b. For projects between $25,000 ~tnd 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 inst.lrer which complies with the provisions of
the Code of Civil Procedure, Section 995.660*;
OR
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 Corrimissioner; 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 G -NON-PROFITS 7 REVISED 6/8/95
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 G -NON-PROFITS $ 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 in:;ureds.
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 Chancfe of Coverage Endorsement:
This policy may not be can~:eled 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 se~r forth on page 10 of this Addendum.
d. Severability of Interest Endorsement:
The insurance afforded by tf~is 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 resK~ect to the Company's limit of liability.
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 EmployE~r's Liability Insurance for:
a. Statutory California Workers' ~~ompensation 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 ~~r similar first party property insurance for
covering the interest of the Contractor and the City) shall be provided by the
Contractor.
The Contractor's coverage shall provide the following:
EXHIBIT G -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 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.
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
EXHIBIT G -NON-PROFITS 10 REVISED 6/8/95
under the Contract. It shall ~~Iso insure the replacing of, or making
acceptable, any defective materials or faulty workmanship.
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 deemE;d 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 Spe~;ifications, 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 ~~s to the types and limits of insurance
coverage to be maintained b~~ the General and 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 ricfht 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 ~~esulting from any of the contractor's work.
EXHIBIT G -NON-PROFITS 11 REVISED 6/8/95
EXHIBIT F
ASSURANCES
CORPORATION hereby assures and certifies chat it will comply with all regulations, policies,
guidelines and requirements applicable to the ~icceptance and use of Federal funds for this
Federally-assisted program and will be respon:~ible for implementing and complying with all
relevant future changes to Federal Regulations or OMB Circulars. Specifically
CORPORATION gives assurances and certifier with respect to the PROGRAM that it is in
compliance with the following Regulations as defined by 24 CFR, Part 570, Subpart J; 24
CFR, Part 570, Subpart K; and will be conducted and administered in conformity with "Public
Law 88.352 and Public Law 90-284.
1. 570.601. Public Law 88-352 and Public Law 90-284; affirmatively furthering fair
housing; Executive Order 11063, as amended by Executive Order 12259 addresses
discrimination. HUD regulations implementing Executive Order 11063 are contained
in 24 CFR, Part 107.
2. 570.602. Section 109 of the Act addresses discrimination.
3. 570.603. Labor Standards.
4. 570.604. Environmental Standards.
5. 570.605. National Flood Insurance Proclram.
6. 570.606. Relocation, Displacement ant' Acquisition.
7. 570.607. Employment and Contracting Opportunities.
8. 570.608. Lead-Based Paint.
9. 570.609. Use of Debarred, Suspended, or Ineligible Contractors or Subrecipients.
10. 570.610. Uniform Administrative Requirement and Cost Principles. The CITY, its
Subrecipients, agencies or instrumentalities, shall comply with the policies, guidelines,
and requirements of 24 CFR Part 85 (C~~mmon Rule), and OMB Circulars A-110
(Grants and Agreements with Non-Profi~l Organizations), A-122 (Cost Principles for
Non-Profits), A-128 (Audits of State anti Local Governments-implemented at 24 CFR,
Part 24), and A-133 (Audits of Institutions of Higher Education and Other Non-Profit
Institutions), as applicable, as they relate to the acceptance and use of Federal funds
under this part. The applicable sections of 24 CFR, Part 85 and OMB Circular A-100
are set forth at 570.502.
11. 570.611. Conflict of Interest.
12. 570.612. Executive Order 12372 allow:; States to establish its own process for review
and comment on proposed Federal financial assistance programs, specifically the use
of CDBG funds for the construction or planning of water or sewer facilities.
EXHIBIT F -ASSURANCES 1 REVISED 11/15/00