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80-032 Senior Center Agreement for Case Manager and Day Care Center of CUpF�T AGREEMENT - . A. - r o CITY OF CUPERTINO • 0 ) tb:k 10300 Torre Ave. . •, Cupertino, CA 95014 •+o 252-4505 911FOR,ttie NO. Q7 1 72 BY THIS AGREEMENT made and entered into on the 25 day of March 19_93 _ by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Vicki Hart, L.C.S.W. (2) _ - - (Hereinafter referred as CONTRACTOR),in consideration of their mutual covenants,the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: Supervision for L.C.S.W. eligibility EXHIBITS:The following attached exhibits hereby are made part of this Agreement: TERMS The services and/or materials furnishedunderthisAgreement shall commence on April 5, 1993 and shall be completed before June 30, 1993 COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR: $900.00 GENERAL TERMS AND CONDITIONS Hold Harmless.Contractor agrees to save and hold harmless the City,its officers,agents and employees from any and all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the performance of this agreement. City shall not be liable for acts of Contractor in performing services described herein. Insurance.Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination.No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between City and undersigned.At all times Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. Changes. This agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME Diane T. Snow DEPARTMENT parks and Recreation This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRA TO.• CITY OF CUPERTINO: By �� j' o,p � ` l / By n Title (' f1 Srt LV (A)\w( Title Recreation Supervisor Soc. Sec. # EXPENDITURE DISTRIBUTION DEEABLMENT HEAD DATE ACCOUNT NUMBER AMOUNT 0 9/7-0h 110-6529-761 $900.00 CITY CLERK. �J 4 DATFj/// _ . F CITY CLERK.COPY Exhibit A: Purpose: To provide Social Work Supervision for Vivian Kern,MSW by Vicki Hart,LCSW. Vicki Hart assumes professional responsibility for services rendered. Responsibilities: The consultant agrees to give regular supervision to Vivian Kern to fulfill the requirements for LCSW eligibility. Terms of Agreement: To pay Ms.Hart$900.00 for three months supervision. Payment for services rendered is on a 30 day billing status. fo-o3a- •;'' o� ° PFS AGREEMENT Fv>5 x CITY OF CUPERTINO 10300 Torre Ave. 1 ♦ • Cupertino, CA 95014 • q c � 252-4505 9LIFOR�1 Na 026604 BY THIS AGREEMENT made and entered into on the 27 day of September 19 93 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Vicki Hart, L.C.S.W. (2) (Hereinafter referred as CONTRACTOR),in consideration of their mutual covenants,the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: Supervision for L.C.S.W. eligibility EXHIBITS:The following attached exhibits hereby are made part of this Agreement: TERMS The services and/or materials furnished underthis Agreement shall commence on September 27. 1993 and shall be completed before June 30, 1994 COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR: $2,400.00 GENERAL TERMS AND CONDITIONS Hold Harmless.Contractor agrees to save and hold harmless the City,its officers,agents and employees from any and all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the performance of this agreement. City shall not be liable for acts of Contractor in performing services described herein. Insurance.Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination.No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between City and undersigned. At all times Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. Changes. This agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME Diane T. Snow DEPARTMENT Parks and Recreation • This Agreement shall become effective upon its execution by CITY, in witness thereof,the parties have executed this Agreement the day and year first written above. CONT AC Of} � ) CITY OF CUPERTINO: By �I I,I Title inical Social Worker Title Recreation Supervisor Soc. Sec. # APPROVALS EXPENDITURE DISTRIBUTION DEPARTMENT HEAD DATE ACCOUNT NUMBER AMOUNT • 0/25'/1'3 110- 6529-761 900.00 CIN CLER BATE 010- 6529- 810• X54 9 e l 1500.00 Senior Center Funds CITY CLERK COPY of CUP . AGREEMENT 03a- • Fcu> . T CITY OF CUPERTINO u 0 10300 Torre Ave. ,' • Cupertino, CA 95014 q_ 0 t� 777-3150-3NO. 0 C 7 ` - IFO $ BY THIS AGREEMENT made and entered into on the 8 day of July 19 94 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Vicki Hart, L.C.S.W. (2) (Hereinafter referred as CONTRACTOR),in consideration of their mutual covenants,the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: Supervision for L.C.S.W. eligibility. EXHIBITS:The following attached exhibits hereby are made part of this Agreement: A TERMS The services and/or materials furnished underthis Agreement shall commence on July 1, 1994 and shall be completed before December 31, 1994 COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not more than $1,350.00. GENERAL TERMS AND CONDITIONS Hold Harmless.Contractor agrees to save and hold harmless the City,its officers,agents and employees from any and all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the performance of this agreement. City shall not be liable for acts of Contractor in performing services described herein. Insurance.Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination.No discrimination shall be made in the employment of persons under this agreement.because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between City and undersigned.At all times Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. Changes. This agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME Diane T. Snow DEPARTMENT Parks and Recreation This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONT WAR/ : � CITY OF CUPERTINO: By tjLi' 1 t$Iq� By O Title Clinica Social Worker Title Recreation Supervisor Soc. Sec.# APPROVALS EXPENDITURE DISTRIBUTION DEPARTMENT HEAD DATE ACCOUNT NUMBER AMOUNT ta. '7/7/ 110- \.5a.9- 1 to CITY CLER DATE f lP 'IC?91 VI o+ fo e-alcaca& 1350.0o CITY CLERK COPY Exhibit A Purpose: To provide Social Work Supervision for Vivian Kern, MSW by Vicki Hart, LCSW. Vicki Hart assumes professional responsibility for services rendered. Responsibilities The consultant agrees to give supervision to Vivian Kern to fulfill the requirements for LCSW eligibility. Terms of agreement To pay Ms Hart no more than$1350.00 for no more than 18 sessions at a rate of$75.00 per session. Payment for services rendered on a 30-day billing status. City funds to be augmented by Senior Center funds (flu program) as needed. CUP of b AGREEMENT 'F� '94 - 95`D3� roy� x' CITY OF CUPERTINOv 10300 Torre Ave. 1 �'• Cupertino, CA 95014 r� �q9 p �+ r? 252-4505 Na Q'L Q .S 9lIFORSt BY THIS AGREEMENT made and entered into on the 7 day of .Tune 19 94 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Vivian I. Kern (2) (Hereinafter referred as CONTRACTOR),in consideration of their mutual covenants,the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: EXHIBITS:The following attached exhibits hereby are made part of this Agreement: A & B TERMS The services and/or materials furnished underthis Agreement shall commence on July 1, 1994 and shall be completed before June 30, 1995 COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR: GENERAL TERMS AND CONDITIONS Hold Harmless.Contractor agrees to sive and hold harmless the City,its officers,agents and employees from any and all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the performance of this agreement. City shall not be liable for acts of Contractor in performing services described herein. Insurance.Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination.Nd discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between City and undersigned. At all times Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. Changes. This agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: - NAME Diane T. Snow DEPARTMENT Parks and Recreation This Agreement shall become effective upon its execution by CITY, in witness.thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: CITY OF CUPERTINO: By Vivian I. Kern �� _ � ?Ls. , By Diane T. Snow CZ:)�pSt.s_T Title Case Manager ' Title v Recreation Supervisor Soc. Sec.# APPROVALS EXPENDITURE DISTRIBUTION DEP MENT HEAD DATE ACCOUNT NUMBER AMOUNT co/s/q4 110-6529-761 CITYC EER . , DAT Not to Exceed $28,000.00 • CITY CLERK COPY 1 EXHIBIT A (Services) The Services to be performed by CONTRACTOR: Contractor shall provide or furnish the following specified services and/or materials: p1. To provide and individualized assessment of the older person's situations and needs; 2. To identify services to meet those needs andcoordinate the delivery of those services; 3. To provide follow-up and insure that services are provided in an appropriate manner; 4. To prepare all necessary reporters and project data as required and submit to Focal Point Senior Center Project Director 5. To improve existing Senior Center Programs and develop new programs to meet the health and social needs of the elderly; 6. To participate in center staff activities as needed. 7/1/94-6/30/95 Exhibit B (Compensation) For the term of the new grant beginning July 1, 1994 through June 30, 1995 compensation shall be made as follows: For the full performance of this agreement, based on fifty 35-hour weeks, City of Cupertino Shall pay Contractor a fee of one thousand forty dollars ($1040.00) every two weeks following the date of the first payment hereunder. The total amount of compensation shall be Twenty Seven Thousand Forty dollars .($27040.00). This contract will commence on July 1, 1994 and conclude June 30, 1995 with the possibility of renewal for the following fiscal year(s). The yearly contract includes an annual One thousand Dollar, ($1,000.00) benefit, paid twice yearly. It is expressly understood the fees and expenses payable hereunder include and are paid in lieu of any other compensation or benefits, except only workman's compensation as required by the city of Cupertino's contract with the Council on Aging of Santa Clara County, Inc. The City shall waive the business license fee for the Case Manager position. A separate contract will cover supervision of Case Manager as designated in the 1994-1995 Council on Aging (COA) Contract. Total in this contract period is Nine hundred dollars. ($900.) Up to $1500 additional funds may be contracted for supervision. These funds to be raised by the Senior Center. 6/7/94 . 0- (ATTACHMENT) ->- 110-6529-761 "" Vet .11/4Not to Exceed $26,000.00 i� �`v,2Se.0 City of Cupertino ,®{11,u°, AGREEMENT NO. BY THIS AGREEMENT made and entered into on the 18 day of June 19 93 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Vivian I. Kern (2) (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants,the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: DELIVERY: EXHIBITS:The following attached exhibits hereby are made part of this Agreement: EXHIBIT A (Services) EXHIBIT B (Compensation) TERMS The services and/or materials furnished under this Agreement shall commence on August 1, 1993 and shall be completed before June 30, 1994 COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers,agents and employees from any and all damage and liability of every nature, including all costs of defending any claim,caused by or arising out of the per- formance of this agreement.City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this agreement because of the race,color, national origin,ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between City and undersigned.At all times Contractor shall be deemed to be an independent contractor and Contractor is notauthorized to bind the City to any contracts or other obligations in executing this agreement.Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. Changes. This agreement shall not be assigned or transferred without the written consent of the City.No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: Name Diane T. Snow Department Parks and Recreation Address 21251 Stevens Creek Blvd. Cupertino,CA 95014 Telephone (408) 253-2098 This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRAC . . : /CITY OF CUPERTINO: By i dirfk By cm flcw't. Title Case Manager Title Recreation Supervisor Soc. Sec. # APPROVALS IDe t Head • l k �-�!�y Da e �Da[e/q/S3 /( :P� '/Dbe 3 DUTIBIT A (Services) I. The Services to be performed by CCNiRAC1OR: Contractor shall provide or furnish the following specified services and/or materials: 1. Tb provide an individualized assessment of the older person's situations and needs; 2. To identify services to meet those needs and coordinate the delivery of those services; 3. Tb provide follow-up and insure that services are provided in an appropriate manner; 4. Tb prepare all neceessary reports and project data as required and submit to Focal Point Senior Center Project Director; 5. Tb improve existing Senior Center Programs and develop new programs to meet the health and social needs of the elderly; 6. Tb participate in center staff activities as needed. 8/1/93 - 6/30/94 EXHIBIT B (Compensation) For the term of the new grant beginning August 1, 1993 through June 30, 1994, compensation shall be made as follows: For the full performance of this agreement, based on forty-eight, (48), 35-hour weeks, City of Cupertino shall pay Contractor a fee of One Thousand Dollars, ($1,000.00), payable every two weeks following the date of the first payment hereunder. The total amount of sensation shall be Twenty Four Thousand Dollars, ($24,000.00), for Eleven months or Twenty Six Thousand Dollars, ($26.000.00), annually. This contract will commence on August 1, 1993 and conclude June 30, 1994, with the possibility of renewal for the following fiscal year(s) . The yearly contract includes an annual One Thousand Dollar, ($1,000.00), benefit, paid in two parts: December - Five Hundred Dollars, ($500.00); June - Five Hundred Dollars, ($500.00) . It is expressly understood that the fees and expenses payable hereunder include and are paid in lieu of any other compensation or benefits, except only workman's compensation as required by the City of Cupertino's contract with the Council on Aging of Santa Clara County, Inc. The City shall waive the business license fee for the Case Manager position. A separate contract will cover supervision of rase Manager as designated in the 1993-94 Council On Aging, (CDA), contract. Total in this contract period is Nine Hundred Dollars, ($900.00) . 7/16/93 AGREEMENT 1 )o - 6sas - ]la1 I no i +-o -eXcc_cot41L15oo,cic D p3� om8'A eg000 .° / CITY OF CUPERTINO oopo— P.O. Box 580 @Le Cupertino, CA 95015 t A2 C C,,)} bt 252-4505 L J BY THIS AGREEMENT made and entered into on the 27 day of April 19 92 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and `t Name (1) Vivian I. Kern (2) (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants,the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: • EXHIBITS:The following attached exhibits hereby are made part of this Agreement: EXHIBIT A (Services) EXHIBIT B (Compensation) TERMS The services and/or materials furnished under this Agreement shall commence on May 1, 1992 and shall be completed before June 30, 1992 COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers,agents and employees from any and all damage and liability of every nature, including all costs of defending any claim,caused by or arising out of the per- formance of this agreement.City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this agreement.Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this agreementbecause of the race,color, national origin,ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between City and undersigned.At all times Contractor shall be deemed to be an independent contractorand Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement.Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. Changes. This agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO.ORDINATOR and representative for CITY shall be: NAME Diane T. Snow DEPARTMENT Parks and Recreation This Agreement shall become effective upon its execution by CITY, in witness thereof,the parties have executed this Agreement the day and year first written above. CONTRAC OR: CITY OF CUPERTINO.- By. / '��.a _ By ukUrc\.tr �� J Title Case Manager Title Recreation Supervisor Soc. Sec.# APPROVALS De artment Head Date Cit C rk / /Das/4 / �Z White-City Clerk finny Amen-Finance CAnant-CnntrerMr3 Cnnv Pink-lineivinn ninny Ani,1enrnd•fnnnrtmnnt rtnnu EXHIBIT A (Services) I. The services to be performed by CONTRACTOR: CONTRACTOR shall provide or furnish the following specified services and/or materials: 1. To provide an individualized assessment of the older person's situation and needs; 2. To identify services to meet those needs and coordinate the delivery of those services; 3. To provide follow-up and insure that servirn are provided in an appropriate manner; 4. To prepare all necessary reports and project data as required and submit to Focal Point Senior Center Project Director; 5. To improve existing Senior Center Programs and develop new programs to meet the health and social needs of the elderly; and 6. To participate in center staff activities as needed. 4/27/92 EXHIBIT B (Compensation) For the term of the new grant beginning May 1, 1992 through June 30, 1992, compensation shall be made as follows: For the full performance of this agreement, based on a 35 hour week, City of Cupertino shall pay Contractor a fee of One Thousand dollars ($1000) payable every two weeks following the date of the first payment hereunder. The total amount of compensation shall not exceed Four Thousand Five Hundred dollars ($4500) for the duration of this contract. This contract will commence on May 1, 1992 and conclude June 30, 1992, with the possibility of renewal for the following fiscal year(s) . The yearly contract includes a health benefit of Two Hundred dollars ($200) paid on June 30, 1992. It is expressly understood that the fens and expenses payable hereunder include and are paid in lieu of any other compensation or benefits, except workman's compensation required by the City of Cupertino's contract with the Council on Aging of Santa Clara County, Inc. The City shall waive the business license fee for the Case Manager position. 4/27/92 crC -03Z • NORTH COUNTY OFFICE THE LAW OFFICES OF CENTRAL OFFICE (415)969-8656 160 EAST VIRGINIA ST. SENIOR SUITE 260 SOUTH (08)847-C07252TYOFFICE 5iiiLd_ITGUALLTSSISSTANCE ----- (08))2295-5991OSE, CA 95112 August 5, 1991 f 1 I3 71991 City Manager City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 RE: Certificate Of Insurance For Senior Adults Legal Assistance Dear Sir or Madam, Our insurance carrier, Complete Equity Markets, has advised us that the City of Cupertino must be named as an additional insured on our general liability policy. This is necessary because Senior Adults Legal Assistance provides free civil legal services to senior citizens through on-site appointments at the Cupertino Senior Center. I have enclosed with this letter a Certificate of Insurance indicating that the City of Cupertino has been named as an additional insured. Please advise us if we should have directed this Certificate of Insurance to another office in the city. Should you have any questions regarding this matter, please do not hesitate to contact me. Very truly yours, ,,,, &,- , G rgia Bacil Directing Attorney GB/js Enclosure 0tA United Way Agency Partiallyflatlet 6y: CouncdonAging ofSanta Clam County•State War of California•Catifomia Department of2ging•City ofSanJose-CDBg•City of Mountain View-CDaG•City of Sunnyvale ACIN:u. CERTIFICATE OF INSURANCE - ISSUE DATE(MM/DDnY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS' NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPLETE EQUITY MARKETS, INC. 1098 South Milwaukee Avenue ' COMPANIES AFFORDING COVERAGE ' Wheeling, IL 60090 COMPANYA Certain Underwriting Syndicates at thb CODE SUB-CODE LETTER Illinois 'Insurance Exchange _ - - COMPANY B - INSURED LETTER - . SENIOR ADULTS LEGAL ASSISTANCE COMPALETTER r,-C' - - 160 -E. Virginia. Avenue, Suite 260 COMPSan Jose, CA 95112 LETTER Y D , COMPANY E LETTER `COVERAGES, ' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES:LIMITSSHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COI BER POLICY EFFECTIVE POLICY E%PIRATION •• TYPE OF INSURANCE POLICY NUMBER ALL LIMITS JN.THOUSANDS- LTR DATE(MM/DD/YY) DATE(MM/DD/YY) I _ GENERAL LIABILITY i GENERAL AGGREGATE 4 $ 2,000, X COMMERCIAL GENERAL LIABILITY l , PRODUCTS-COMP/OPS AGGREGAT $ A CLAIMS MADBJ_ OCCUR DOL#1'37923 PERSONAL&ADVERTISING INJURY $ END. #CP-68290 10/04/90 10/04/91 - OWNER'S 8 CONTRACTOR'S PROT EACH OCCURRENCE' $ 1,000, FIRE DAMAGE(Any one lire) $ 50, MEDICAL EXPENSE(Any one person), $ 5, - - AUTOMOBILE LIABILITY COMBINED ' SINGLE $ ANY AUTO - LIMIT — ALL OWNED AUTOS • BODILY INJURY $' ' SCHEDULED AUTOS • (Per person) , HIRED AUTOS BODILY NON-OWNED AUTOS _ INJURY ) $ ' (Per apdtlent) f GARAGE LIABILITY PROPERTY IDAMAGE $ EXCESS LIABILITY - EACH I AGGREGATE -OCCURRENCE $ S OTHER THAN UMBRELLA FORM I - - WORKER'S COMPENSATION I STATUTORY AND - - S t (EACH ACCIDENT) Si •(DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY , • $ _ (DISEASE—EACH EMPLOYEE - OTHER - - _ DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS - City of Cupertino is an additional insured as respects their interest for intake site located at Cupertino Senior Center, 21251 Stevens Creek Blvd. , Cupertino, CA 95015.. CERTIFICATE HOLDER CANCELLATION.. City of Cupertino nO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Manager:s Office EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 10300 anagAve. MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 10.309CUpetTorre CA 95014 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR- LIABILITY OF ANY KIND UPON THE COMPANY,ITi AGENTS OR REPRESENTATIVES., AUTHORIZED REPRESENTATIVE ' • • ACORD25-S (3/88) _ _ •d //y/y�J.©ACORD COON 1988 . Y , fib.o37' o / AGREEMENT �5) 110- 6Sa9--76I Eo0 4 °0j CITY OF CUPERTINO >�/e, -3 i0"as Noap°O� P.O. Box 580 (r Clutar Cupertino, CA 95015 g 252-4505 ! NO 0 2 3 9 3 0 BY THIS AGREEMENT made and entered into on the_ 19 day of February 1991 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Jacklyn Baddeley (2) (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: EXHIBITS:The following attached exhibits hereby are made part of this Agreement: EXHIBIT A (Services) EXHIBIT B (Compensation), February 20, 1991 TERMS The services and/or materials furnished under this Agreement shall commence on CT and shall be completed before June 30, 1991 COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: GENERAL TERMS AND CONDITIONS =Hold Harmless. Contractor agrees to save and hold harmless the City, its officers,agents and employees from any and all damage and liability of every nature, including all costs of defending any claim,caused by or arising out of the per- formance of this agreement.City shall not be liable for acts of Contractor in performing services described herein. c r cc8 91 8 in'siirance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this agreement.Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin,ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between City and undersigned. At all times Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement.Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. Changes. This agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME Diane T. Snow DEPARTMENT Parks and Recreation This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRI1 CTOR: CITY OF CUPERTINO: By .,u� — �l „ Pdrt / By v:aMne, -1Title ease Manager Title Recreation Supervisor Soc. Sec.# APPROVALS D imentHead Date Ci /'. -r, A/2 t/o /�//�`te , . �. 6� /White-City Clerk Copy Gr en-Finance Canary-Contractor's Coov Pink-ReceivinoCony Goldenrod-Cennrtment Cony EXHIBIT' B (Compensation) For the term of the new grant beginning February 20, 1991 through June 30, 1991 compensation shall be made as follows: For the full performance of this agreement, hated on a 35 hour week, City of Cupertino shall pay Contractor a fee of nine hundred thirty dollars, ($930.00) , payable at regular bi-monthly intervals following the date of the first payment hereunder. Therefore, the total amount of compensation shall be eight thousand three hundred seventy dollars, ($8,370.00) ; (twenty four thousand one hundred eight dollars, ($24,180.00) , yearly.) This contract will commence on March 1, 1991 and conclude June 30, 1991 with the possibility of renewal for the following fiscal year(s) . The yearly contract includes an annual one thousand dollar, ($1,000.00) , benefit, paid in two parts: December - five hundred dollars, ($500.00) ; June - five hundred dollars, ($500.00) . It is expressly understood that the fPPc and expenses payable hereunder include and are paid in lieu of any other compensation or benefits, except only workman's compensation as required by the City of Cupertino's contract with the Council on Aging of Santa Clara County, Inc. The City shall waive the businPG.a license fee for the Case Manager position. A separate contract will cover supervision of Case Manager to meet Council on Aging (CDA) contractual agreement. Total in this contract period is nine hundred sixty-six dollars, ($966.00) . 2/20/91 EXHIBIT A (Services) I. The Services to be performed by CONTRACTOR: Contractor shall provide or furnish the following specified services and/or materials: 1. To provide an individualized assessment of the older person's situations and needs; 2. To identify services to meet those ne do and coordinate the delivery of those services; 3. To provide follow-up and insure that services are provided in an appropriate manner; 4. To prepare all neceessary reports and project data as refired and submit to Focal Point Senior Center Project Director; 5. To improve existing Senior Center Programs and develop new programs to meet the health and social needs of the elderly; 6. To participate in center staff activities as needed. 2/20/91 • -- AGREEMENT JR- (osa-q-7, � �v//os o o a�a 'Oen CITY OF CUPERTINO yoQp p P.O. Box 580 �r Cupertino, CA 95015 1 o 2 4 5 4 7 252-4505 NO. "F BY THIS AGREEMENT made and entered into on the 1 day of July 19 1991 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Jacklvn Baddeley (2) (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: EXHIBITS:The following attached exhibits hereby are made part of this Agreement: EXHIBIT A (Services) EXHIBIT B (Compensation) TERMS The services and/or materials furnished under this Agreement shall commence on July 1,1991 ' and shall be completed before June 30, 1992 COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers,agents and employees from any and all damage and liability of every nature, including all costs of defending any claim,caused by or arising out of the per- formance of this agreement.City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this agreement.Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin,ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between City and undersigned. At all times Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement.Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. Changes. This agreement shall not be assigned or transferred without the written consent of the City.No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME Diane T. Snow DEPARTMENT Parks and Recreation This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRAT:R: CITY OF CUPERTINO: By �U. U.iG &.CE-.n/ BY Ctivs. . Title Case Manager ° Title Recreation Supervisor Soc. Sec.# APPROVALS D pattment Head Date City 409 ya ate Air-7,/�9( Ar C/ White-City Clerk Coov Green-Finance Canary-Contractor's Cony Pink-Racavine Cony rroidanrod-nanartmant cony. EXHIBIT A (Services) I. The services to be performed by CONTRACTOR: Contractor shall provide or furnish the following specified services and/or materials: 1. To provide an individualized assessment of the older person's situation and needs. 2 . To identify services to meet those needs and coordinate the delivery of those services; 3 . To provide follow-up and insure that services are provided in an appropriate manner; 4 . To prepare all necessary reports and project data as required and submit to Focal Point Senior Center Project Director; 5. To improve existing Senior Center Programs and develop new programs to meet the health and social needs of the elderly; 6. To participate in center staff activities as needed. 7/1/91 EXHIBIT B (Compensation) For the term of the new grant beginning July 1, 1991, through June 30, 1992, compensation shall be made as follows: For the full performance of this agreement, based on a 35 hour week, City of Cupertino shall pay Contractor a fee of one thousand four dollars ($1004) payable every two weeks following the date of the first payment hereunder. The total amount of compensation shall be twenty six thousand one hundred five dollars ($26, 105) annually. This contract will commence on July 1, 1991 and conclude June 30, 1992, with the possibility of renewal for the following fiscal year(s) . The yearly contract included an annual one thousand dollar ($1000) benefit, paid in two parts: December - five hundred dollars ($500) ; June - five hundred dollars ($500) . It is expressly understood that the fees and expenses payable hereunder include and are paid in lieu of any other compensation or benefits, except workman's compensation required by the City of Cupertino's contract with the Council on Aging of Santa Clara County, Inc. The City shall waive the business license fee for the Case Manager position. Per the 1991-1992 COA contract, the City of Cupertino has desiginated nine hundred sixty-six dollars ($966) for case management supervision/education. 7/1/91 80- o3a— � ' AGREEMENT 0-6529-761 $24,085.00 'STA 00 4 CITY OF CUPERTINO oa° ° 6. t° . P.O. Box 580 12 .1.L ''. �Aa Cupertino, CA 95015 • 252-4505 NOrt OZZ93g BY THIS AGREEMENT made and entered into on the First day of July 19 90 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Jacquelyn Fletcher (2) (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants,the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: See attached Exhibit A EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT A (Services) EXHIBIT B (Compensation) TERMS The services and/or materials furnished under this Agreement shall commence on July 1, 1990 and shall be completed before June 30, 1991 COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: $24,085.00 per annum plus benefits $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers,agents and employees from any and all damage and liability of every nature, including all costs of defending any claim,caused by or arising out of the per- formance of this agreement.City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this agreement.Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between City and undersigned.At all times Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement.Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. Changes. This agreement shall not be assigned or transferred without the written consent of the City.No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO.ORDINATOR and representative for CITY shall be: NAME Diane T. Snow DEPARTMENT Parks and Recreation This Agreement shall become effective upon its execution by CITY, in witness thereof,the parties have executed this Agreement the day and year first written above. CONTRACTOR: J /t �L/� CITY OF CUPERTINO: By r3�` ftre-4/72. A7,/ i By c bakmhs Tit$/ s nio Cervices Coordinator Title Recreation Supervisor Soc. .## APPROVALS 9 De ent Head Date C 44 / Dat 1 h! r 7 1�Arc White-City Clerk Copy Gre n-Finance Canary-Contractors Copy Pink-Re elving Copy Goldenrod-Department Copy EXHIBIT A (services) I. The Services to be performed by CONTRACTOR: Contractor shall provide or furnish the following specified services and/or materials; meet the contractual agreement made with Council On Aging, including: 1. To provide an individualized assessment of the older person's situations and needs; 2. To identify services to meet those needs and coordinate the delivery of those services; 3. To provide follow-up and insure that services are provided in an appropriate manner; 4. To prepare all necessary reports and project data as required and submit to Focal Point Senior Center Project Director; II. To advise and assist senior center staff in creating and improving senior center programs that meet health and social needs of the local elderly. 7/90 EXHIBIT B (compensation) For the term of the new grant beginning July 1, 1990 through June 30, 1991 compensation shall be made as follows: For the full performance of this agreement, based on a forty hour week, City of Cupertino shall pay Contractor a fee of one thousand three dollars, ($1,003.00) payable at regular bi-monthly intervals following the date of the first payment hereunder. Therefore, the total amount of compensation shall be twenty-four thousand eighty-five dollars, ($24,085.00) and shall be based on a fifty, (50) week year. This contract will commence on July 1, 1990 and conclude June 30, 1991 with the possibility of renewal for the following fiscal year(s) . This contract includes a one thousand dollar, ($1,000.00) benefit payable five hundred dollars, ($500.00) on December 31, 1990 and five hundred dollars, ($500.00) at end of the current contract. To meet Council on Aging contractual agreement nine hundred dollars, ($900.00) will be provided for clinical supervision of the case manager. It is expressly understood that the fees and expenses payable hereunder include and are paid in lieu of any other compensation or benefits, except only workman's compensation as required by the City of Cupertino's contract with the Council on Aging of Santa Clara County, Inc. The City shall waive the business license fee for the Case Manager position. o -"a3 � NAir AGREEMENT Acc0-129-761 Om8'��� $22,000.00 daD4e,et CITY OF CUPERTINO 0 os �°oop� P.O. Box 580 �aa4 Cupertino, CA 95015 0 2 1 2 5 8 252-4505 NO. :4 69Nil' ZZ BY THIS AGREEMENT made and entered into on the First day of August 19 89 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and 71• Name (1) Jacquelyn Fletcher (2) (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: See attached Exhibit A EXHIBITS:The following attachedexhibits hereby are made part of this Agreement: EXHIBIT A (Services) EXHIBIT B (Compensation) TERMS The services and/or materials furnished under this Agreement shall commence on August 1, 1989 and shall be completed before June 30, 1990 COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: ($24,000.00 per annum) $22,000.00 for eleven (11) months plus benefits $ 1,000.00 GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers,agents and employees from any and all damage and liability of every nature, including all costs of defending any claim,caused by or arising out of the per- formance of this agreement.City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this agreement.Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this agreement because of the race,.color, national origin,ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between City and undersigned.At all times Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement.Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. Changes. This agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative fo;CITY shall be: NAME Diane T. Snow DEPARTMENT Parks and Recreation This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CO 'ACTOR: CITY OF CUPERTINO: By� I- \��_� By T' Ca . Mana er Title Senior Coordinator Soc. s // APPROVALS Department Head Day ( City y(�J 7* ce White-City Clerk Copy Green- Mance Canary-Contractor's Copy Pink-R:calving Copy Goldenrod-Department Copy EXHIBIT B (compensation) For the term of the new grant beginning August 1, 1989 through June 30, 1990 compensation shall be made as follows: For the full performance of this agreement, based on a forty hour week, City of Cupertino shall pay Contractor a fee of one thousand dollars, ($1,000.00) payable at regular bi-monthly intervals following the date of the first payment hereunder. Therefore, the total amount of compensation shall be twenty-two thousand dollars, ($22,000.00) and shall be based on a forty-six, (46) week year. This contract will commence on August 1, 1989 and conclude June 30, 1990 with the possibility of renewal for the following fiscal year(s) . This contract includes a one thousand dollar, ($1,000.00) benefit payable at the end of the current contract. It is expressly understood that the fees and expenses payable hereunder include and are paid in lieu of any other compensation or benefits, except only workman's compensation as required by the City of Cupertino's contract with the Council on Aging of Santa Clara County, Inc. The City shall waive the business license fee for the Case Manager position. A separate contract will cover supervision of Case Manager to meet Council on Aging (COA) contractual agreement. EXHIBIT A (services) .r Z. The Services to be performed by CONTRACTOR: Contractor shall provide or furnish the following specified services and/or materials: 1. To provide an individualized assessment of the older person's situations and needs; 2. To identify services to meet those needs and coordinate the delivery of those services; 3. To provide follow—up and insure that services are provided in an appropriate manner; 4. To prepare all necessary reports and project data as required and submit to Focal Point Senior Center Project Director; 5. To improve existing Senior Center Programs and develop new programs to meet the health and social needs of the elderly. F-� - 89 - 470 AGREEMENT Account: #110-129-761 ppafi so6JJ CITY OF CUPERTINO ° e-ttisaick a oo P.O. Box 580 28 8, V° Cupertino, CA 95015 NO. 0 2 12 7 0 252-4505 L BY THIS AGREEMENT made and entered into on the 26th day of June 19 89 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Katherine Shi gemoto (2) (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: See Attached Exhibit A EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A Exhibit B TERMS The services and/or materials furnished under this Agreement shall commence on July 1 , 1989 and shall be completed before August 1 , 1989 COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers,agents and employees from any and all damage and liability of every nature, including all costs of defending any claim,caused by or arising out of the per- formance of this agreement.City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this agreement.Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this agreement because of the race,color, national origin,ancestry,religion or sex of such person. Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between City and undersigned.At all times Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement.Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. Changes. This agreement shall not be assigned or transferred without the written consent of the City.No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME Diane T. Snow DEPARTMENT Parks & Recreatpn This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRA fa CITY OF CUPERTINQ\\ By �G,/�� BY t .eX.n._....J Tkir e Manager Title Senior Coordinator Soc. Sec.# APPROVALS 7 Dopa ant Head CDate Ci _ . /44, /• Dam f White-City Clerk Copy Green- Mance Canary-Contractor's Copy Plnk-Receiving Copy Goldenrod-Department Copy J EXHIBIT A (Services) I . The Services to be performed by CONTRACTOR: Contractor shall provide or furnish the following specified services and/or materials: 1 . To provide an individualized assessment of the older person's situations and needs; 2. To identify services to meet those needs and coordinate the delivery of those services; 3. To provide follow-up and insure that services are provided in an appropriate manner; 4. To prepare all necessary reports and project data as required and submit to Focal Point Senior Center Project Director. July 1 , 1989 - July 31 , 1989 f . EXHIBIT B (Compensation) For the term of the new grant beginning 7/1/89 through 7/31/89, compensation shall be made as follows: For the full performance of this agreement, based on up to a sixteen hour week, City shall pay Contractor a fee of $10.00 per hour payable bi-monthly. This contract will commence on July 1 , 1989 and conclude on July 31 , 1989. It is expressly understood that the fees and expenses payable hereunder include and are paid in lieu of all other compensation or benefits. The City shall waive the business license fee for the Case Manager position. AG R E E M E N T Acct.//110-0129-761 $ 500.00 e8 Acct. #810-0449-761 $ 634.00 *Mgr CITY OF CUPERTINO ILQPIp°E5 P.O. Box 580 Q�V Cupertino, CA 95015 252-4505 NO. S 16,.3 i7 BY THIS AGREEMENT made and entered into on the 22 day of June 19 88 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Dawn Perera (2) (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants,the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: Case Manager Program Assistant Supervisor EXHIBITS:The following attached exhibits hereby are made partof this Agreement: Exhibit A (Services) TERMS The services and/or materials furnished under this Agreementshall commence on July 1, 1988 and shall be completed before June 30, 1989 COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: _; " GENERAL TERMS AND CONDITIONS $1,134.00 Hold Harmless. Contractor agrees to save and hold harmless the City, its officers,agents and employees from any and all damage and liability of every nature, including all costs of defending any claim,caused by or arising out of the per- formance of this agreement.City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this agreement.Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin,ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between City and undersigned.At all times Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement.Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. Changes. This agreement shall not be assigned or transferred without the written consent of the City.No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME Nancy L. McGinnis DEPARTMENT Parks and Recreation This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CF ACTTOR: CITY CUPERTINO: By `. 1lYQ skk4CLQ ri� By Case Management ProR Assis. Super.Title OFenior Coordinator Soc. Sec.# APPROVALS De¢t\Head D/ City e r1 / Date White-City Clerk Copy Green-Firm) e Canary-Contractors Copy Pink-Recei ng Copy Goldenrod-Department Copy EXHIBIT A (Services) I. To provide the following services to the Case Management Program: A. Supervision of Case Manager to meet the Council on Aging (COA) contractual agreement of units of service; comprehensive assessment, care planning, service authorization and monitoring. B. Ongoing client case consultations. C. Review of client files and assistance in the provision of quality reporting. NOTE: Reports to Case Manager Program Director. II. The times and places Contractor will perform the services: A. Contractor to meet with Case Manager for four (4) hours a month for twelve (12) months. (Not to exceed forty—eight (48) hours for entire contract period.) B. Contractor to meet with Case Manager at Senior Center or at a pre—determined meeting place. III. Fee to Contractor for services: A. $1,134.00 for 48 hours per annum. B. Contractor to be paid once monthly for remaining twelve (12) months of contract period at $94.50 per month. AGREEMENT, Acct. #110-0129-761.000 Om8'�ca�, E' $807.69 Bi-weekly oaood:gt „ CITY OF CUPERTINO oop P.O. Box 580 QA Cupertino, CA 95015 252-4505 NO. ,O i� '9 s :� 4 BY THIS AGREEMENT made and entered into on the 1st day of July 19 88 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Melissa O'Neal (2) (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: See attached Exhibit A and B EXHIBITS:The following attached exhibits hereby are made part of this Agreement: Exhibit A (Services) Exhibit B (Special provisions) TERMS The services and/or materials furnished under this Agreement shall commence on July 1, 1988 and shall be completed before June 30, 1989 COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers,agents and employees from any and all damage and liability of every nature, including all costs of defending any claim,caused by or arising out of the per- formance of this agreement.City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this agreement.Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this agreement because of the race,color, national origin,ancestry,religion or sex of such person. Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between City and undersigned.At all times Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement.Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. Changes. This agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO.ORDINATOR and representative for CITY shall be: NAME Nancy L. McGinnis DEPARTMENT Parks and Recreation This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRAC R: CITY OFC PERTINO: By (.19/Le- BY ��^. Ti Case Manager Title "Tn Coordinator Soc. Sec.# APPROVALS ppaponepHead Date CiC / D�/ate `l�l) / / ;- 673 White-City Clerk Copy Green-Alnance Canary-Contractor's Copy Pink-Receiving Copy Goldenrod-Department Copy EXHIBIT A (Services) I. The Services to be performed by CONTRACTOR: Contractor shall provide or furnish the following specified services and/or materials: 1. To provide an individualized assessment of the older person's situations and needs; 2. To identify services to meet those needs and coordinate the delivery of those services; 3. To provide follow-up and insure that services are provided in an appropriate manner; 4. To prepare all necessary reports and project data as required and submit to Focal Point Senior Center Project Director; 5. To improve existing Senior Center Programs and develop new programs to meet the health and social needs of the elderly. EXHIBIT B (Special provisions) For the term of the new grant beginning 7/1/88 through 6/30/89 compensation shall be made as follows: For the full performance of this agreement, based on a forty hour week, City shall pay Contractor a fee of $807.69 payable at regular bi-weekly intervals following the date of the first payment hereunder, (twenty-six (26) payments per annum), Inclusive in the compensation shall be funds not to exceed $1,000.00 per annum for the provision of benefits. Therefore, the total amount of compensation shall be $22,000.00 and shall be based on a fifty week year. This contract will commence on July 1, 1988 and conclude on June 30, 1989. It is expressly understood that the fees and expenses payable hereunder include and are paid in lieu of all other compensation or benefits, excepting only Workman's Compensation as required by the City's contract with the Council on Aging of Santa Clara County, Inc. The City shall waive the business license fee for the Case Manager position. (ATTACHMENT) «>-. \ 110-129-761.000 ^1`. -`` $800.00 (2 week period) ;T • ..RYA MMM , City of Cupertino 0 I 7 6 2 3 AGREEMENT NO. BY THIS AGREEMENT made and entered into on the 28th day of January 19 87 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) ;lacrimal yn F1etchar (2) (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: See attached - Exhibit A DELIVERY: EXHIBITS:The following attached exhibits hereby are made part of this Agreement: EXHIBIT A EXHIBIT B TERMS The services and/or materials furnished under this Agreement shall commence on ,January 28, 1987 and shall be completed before February 9, 1987 COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: $800.00 GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers,agents and employees from any and all damage and liability of every nature, including all costs of defending any claim,caused by or arising out of the per- formance of this agreement.City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin,ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between City and undersigned.At all times Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement.Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. Changes. This agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: Name Nancy L. McGinnis Department Parks and Recreation Address P. 0. Box 580 Cupertino,CA 95014 Telephone 408-253-2098 This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CON RACTOR: / CITY OF UPERTI By tTitA. Tri. .- Title Zenior Coordinator oc. Vec. c� APPROVALS M t(00./ ' . n. J/6/ I yy D a ead • Date City f Date ' e EXHIBIT A (services) I . The Services to be performed by CONTRACTOR: Contractor shall provide or furnish the following specified services and/or materials : 1. To provide Coordination of assessment with agencies as necessary; 2. To identify services to meet client needs and coordinate the delivery of those services; 3. To provide follow-up and insure that services are provided; 4. To assist and direct volunteers with ongoing monitoring of present case load. EXHIBIT B (compensation) For the term of the temporary grant beginning January 28, 1987 through February 9, 1987 compensation shall be made as follows : For the full performance of this agreement, based on an eight hour day, City shall pay Contractor a fee of $800.00 payable on February 13, 1987. This contract will commence on January 28, 1987 and conclude . on February 9, 1987. It is expressly understood that the fees and expenses payable hereunder include and are paid in lieu of all other compensation or benefits. • (ATTACHMENT) t a 110-129-761.000 ':'3 $807.69 Bi-monthly CDea City of Cupertino n AGREEMENT NO. 1 1 BY THIS AGREEMENT made and entered into on the 9th day of February 19 87_ by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Melissa O'Neal (2) (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: See Attached - Exhibit A DELIVERY: EXHIBITS:The following attached exhibits hereby are made part of this Agreement: EXHIBIT A EXHIBIT B TERMS The services and/or materials furnished under this Agreement shall commence on February 9. 1987 and shall be completed before Junta 30, 19137 COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers,agents and employees from any and all damage and liability of every nature, including all costs of defending any claim,caused by or arising out of the per- formance of this agreement.City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this agreement.Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this agreement because of the race,color, national origin, ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of mGaster-an'dservant exists between City and undersigned.At all times Contractor shall be deemed to be an independent contracor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement.Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. Changes. This agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: / Name Nancy L. McGinnis Department Parks and Recreation ' i Address P 0 Box 580 Cupertino,CA 95014 Telephone 408-253-2098 This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: CITY OF CU/P/fir RTINO- By!//"6 V / -ri-C_ By / / �� Title Case Manager Title Senior/ Coordinator,' Soc. Sec. # APPROVALS De nt Head Cits� �• re> ' 9 EXHIBIT A (services) I. The Services to be performed by CONTRACTOR: Contractor shall provide or furnish the following specified services and/or materials : 1 . To provide an individualized assessment of the older person's situations and needs; 2. To identify services to meet those needs and coordinate the delivery of those services; 3. To provide follow-up and insure that services are provided in an appropriate manner; 4. To prepare all necessary reports and project data as required and submit to Focal Point Senior Center Project Director; 5. To improve existing Senior Center Programs and develop new programs to meet the health and social needs of the elderly. EXHIBIT B (compensation) For the term of the new grant beginning 2/9/87 through'.6/30/87 compensation shall be made as follows: For the full performance of this agreement, based on a forty hour week, City shall pay Contractor a fee of $807.69 payable at regular bi-monthly intervals following the date of the first payment hereunder. Inclusive in the compensation shall be funds not to exceed $1 ,000.00 per annum for the provision of benefits. Therefore, the total amount of compensation shall be $22,000.00 and shall be based on a fifty week year. This contract will commence on 'February '9,' 1)987 and :condlude on June 30, 1987. It is expressly understood that the fees and expenses payable hereunder include and are paid in lieu of all other compensation or benefits, excepting only Workman's Compensation as required by the City's contract with the Council on Aging of Santa Clara County, Inc. The City shall waive the business license fee for the Case Manager position. tY1p 5/, : 1‘: 4;1- 1 t` �1 TTACHMENT �" 1`: 1 •�i • ?;e , 110-129-761.000 d $807.69 Bi—Monthly ° $21,000.00 Total for year '84-'85 City of Cupertino 0 I 15 0 8 AGREEMENT NO. J U BY THIS AGREEMENT made and entered into on the 3rdday of July 19 84 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Nancy L. McGinnis (2) (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: see attached — Exhibit A DELIVERY: EXHIBITS:The following attached exhibits hereby are made part of this Agreement: A and B TERMS The services and/or materials furnished under this Agreement shall commence on 7/1/84 and shall be completed before 7/1/85 COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers,agents and employees from any and all damage and liability of every nature, including all costs of defending any claim,caused by or arising out of the per- formance of this agreement.City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this agreement.Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin,ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between City and undersigned.At all times Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement.Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. Changes. This agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: Name Patricia Philip Department Parks and Recreation Address c/o 10300 Torre Avenue Cupertino,CA 95014 Telephone 253-2098 This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRAI, 07 �/J CITY OF CUPERTINO:UP By /(/// rN�-- By Tit�(/�.L e. -et/ Title Case- Manager Title Senior Coordinator APPROVALS 7 -! De ent Head _ • Date - erk ,/� W rep/3 !/ �'2 78 EXHIBIT A (services) I. The Services to be performed by CONTRACTOR: Contractor shall provide or furnish the following specified services and/or materials; 1. To provide an individualized assessment of the older person's situations and needs; 2. To identify services to meet those needs and coordinate the delivery of those services; 3. To provide follow-up and insure that services are provided in an appropriate manner; 4. To prepare all necessary reports and project data as required and submit to focal Point Senior Center Project Director; 5. To improve existing Senior Center Programs and develop new programs to meet the health and social needs of the elderly. 4 EXHIBIT B (compensation) For the term of the new grant beginning 7/1/84 through 6/30/85 compensation shall be made as follows: For the full performance of this agreement, based on a forty hour week, I:' City shall pay Contractor a fee of $807.69 payable at regular bi- monthly intervals following the date of the first payment here- under. The total amount of compensation shall be $21,000.00 and shall be based on a fifty week year. This contract will commence on 7/1/84 and conclude on 6/30/85. It is expressly understood that the fees and expenses payable hereunder include and are paid in lieu of all other compensation or benefity, excepting only Workman's Compensation as required by the City's contract with the Council on Aging of Santa Clara County, Inc. The City shall waive the business license fee for the CAse Manager position. • ALLSTATE INSURANCE COMPANY Home Oft.ce '•nrt"or_ok JUN 27, 1983 ne'ec .err! es trat tie foliowIng insurance is in force' • c,4 C,'CLCEW POLICY r.0.•.:BER POLICY PERMOO O i a •a NANCY L MCGINN IS 0 34 360661 10113 JUN 23. 1983 ,m;Y1r° 526 A PIAllA AV I+ ITH NO FIXED DATE MOUNTAIN VIEW CA 94043 - OF EXPIRATION rhe person or organization designated below is described in the policy as: CITY OF CUPERTINO LIo (Loss Pay�yatt me Clause) P 0 Bax 580 • ADOI CUPERTINC CA 95015 X INTEREOSTEDPARTY AGENT RICHARD L MURRAY PHONE 408 374-5630 Coverages designated below are afforded for each described vehicle: BI 100, 000 EA.PERS.-300, 000 EA.000. 81 HCNOA JHMN0552465022224 PD 50, 000 EA. OGG. COLLISIGN—E1C0 DED. CCMPREHENSIVE • • See reverse side for provisions concerning Loss Payable Clause and Additional Interested Party Endorsements. This Certificate of Insurance neither affirmatively nor negatively amends, extends or alters the cover •- age afforded by the policy referred to above. Joe>r-� 'RINrEO 'NS ' N COUNCIL ON AGING of Santa Clara County, Inc. 2131 THE ALAMEDA • SAN JOSE, CA 95126 • (408) 296-8290 July 12, 1983 Ms. Patricia Philip Cupertino Senior Canter P. O. Box 580 Cupertino, Ca. 95015 Dear Ms. Philip: I have enclosed a copy of your service contract for the fiscal year 1983-84. I have waived in full - Section 503-C and 104-B of the contract for the City of Cupertino. Congratulations on preparing an excellent proposal and thank you for your interest and good work on serving elder persons in Santa ,Clara County. Sincerely, � C C . (�P Rex C. Painter Executive Director Enclosure RCP/cd r), A United Wary Agency • YOUR AREA AGENCY ON AGING PLANNING,COORDINATION AND ADVOCACY FOR SENIOR CITIZENS 4:..+3,it It J t""74:41-1 ''L I 'Sat; City of Cupertino • 10300 Torre Avenue P.O.Box St Cupertino,California 95014 Cupertino,California 95015 Telephone: (400)252-4505 PARKS AND RECREATION DEPARTMEN2 Cupertino Senior Center • _ June 23, 1983 Mr. Rex C. Painter Executive Director • Council on Aging 2131 The Alateda San Jose CA 95126 near Rex: Enclosed are the four signed contracts for our 1983-'84 Title III B Case Managatent Grant and a copy of the City's Rent with Case Manager, Nancy r4 inn;s. We will require a letter frau your office waiving the Section 503-C Outside Audit Requirement and the Section 104-B Depository Agreement Requirarent as discussed in our telephone conversation. We would like to correct our proposal as requested in your letter of June 13, 1983. COA Proposal Corrections: Section 2A Service Delivery: Geographic area you are proposing to serve, and the characteristics of the 60+ population in that area. The Cupertino Senior Center Focal Point provides services to County service area (CEA) #5. In aedition to this, information of services will be provided to seniors residing in parts of Sunnyvale (bordering Cupertino area) . Case Manager's services will be provided if no other appropriate service can be arranged. As agreed, service to the entire Sunnyvale area will be shared by Mt. View, Santa Clara and Cupertino Case Managers. Within CSA #5 (an area including Cupertino and West San Jose) , there are approximately- 12,777 adults over age 60 with nine percent of these over 75 years of age. Rased upon 1982-'83 service units provided, approximately 88 percent of those clients served are of greatest social need and 60 percent are of greatest econamic need. Section 8 Outreach/Public Information: Description of public information plan. Nudoer and Eype of printed materials, media and direct contacts with agencies or senior groups. Indicate whether public information materials and/or presentations will be translated. a Section 8 Outreach/Public Information: (Continued) In addition to the written materials provided, approximately four presentations will be provided to Service Clubs (i.e. Lions Chi$, Kiwanis, etc.) 36 presentations will be given to Samar Carter/Nutritian site contacts and two cable television media sessions will be provided through neeri*gs, referrals and infor- matian sessions, a minhham of'12 agencies will be contacted. Section 9 C Volunteers: Add number of volunteers. Twenty hours - monitoring (ane volunteer) Fifteen hours - direct serviba (three volunteers) Five hours - clerical (two volunteers) Section 12 Timeline for Completing Objectives: OB.TDLlVE TIMELINE 1- Provide Case Management Service 10/Smonth (120 per annum) to ten new seniors per month who have multiple reeds. (120 per annum) . 2- Provide at ]east four information One/quarter (Four per annum) presentations to local Service Clubs (i.e. Kiwanis, Lions, etc.) per annum. 3- Provide at least three Service Three/month (36 per annum) ' presentations to Senior Center/ Nutrition Site per month (36 per annum) . 4- Train at least one new volunteer One/quarter (Four per annun) every quarter fleet needs of Case Manager. (Four per annum) 5- Contact at least one new service One/month (12 per annum) agency per month and uEe cam of case management services (i.e. Alzheiners Support Group, V.A. Senior Respite PLcys.dm, etc.) 6- Coordinate and assist in outreach 10/month (120 per annum) efforts to reach 10 new seniors per month. (120 per annum) Fie are looking forward to another good year of cooperative effort in serving our expanding Senior population. Sincerely, Patricia Philip PP/cam COUNCIL, ON AGING of Santa Cara County, Inc. 2131 THE ALAMEDA • SAN JOSE, CA 95126' • M5) 296-8293 June 13, 1983 • Patricia Philip Cupertino Senior Center P. O. Box 580 Cupertino, Ca. 95015 Dear Pat: I wish to reiterate the issues we discussed at the contract negotiations meeting on June 3rd. Please respond to these issues in writing. I have also enclosed four copies of the contract. Please review it and return your proposal corrections along with the four copies of the signed contract. The following are my concerns: • 1. Include that referrals from adjoining service areas _ which are not served by case management services will be responded to when no other appropriate service arrangement can be made (Section 2 (a) 2. Expand public information plan to include number and type of group presentations, media contacts, and direct contacts with agencies (Section 8) 3. Add the number of volunteers (Section 9 (c) 4. Increase the objectives in the time line to include all measurable items in the contract (Section 12) If I have omitted anything or if you need further clarification, contact my staff for assistance. Sincerely, :— Rex C. Pa'nter Executive Director RCP/cd :`ter)A Vnited Vhy.tssroy YOUR AREA AGENCY Cr:AGING PI A MA II. I'h,1 P .Al AI n 4AVI:C.:.:v Fr)g sr:rlo.v anz_N.; Contractor : City of Cupertino - Project title : Case Management Project Council on Aging File Number : Said Agreement is Number of agency Contracts 1 CoA/AAA-6/8: • TABLE OF CONTENTS Section Number and Title • ' Page I INTRODUCTION AND CONDITIONS PRECEDENT • 101 Parties to the Agreement 1 • 102 Representatives of the Parties 2 103 Time of Performance 2 104 Conditions Precedent 2 II • DUTIES AND POWERS OF THE CONTRACTOR 201 Independent Contractor Status of the Contractor • 4. 202 Contractor Agreements 4 • • 203 Services to be Provided by the Contractor 4 III • DUTIES OF THE AREA AGENCY ON AGING 301 Compensation • S • 302 Funding of the Agreement 5 IV METHOD AND TIME OF PAYMENT 401 Payment to the Contractor 5 402 Withheld Payments 5 403 Return of Unexpended Funds 6 404 Receipt, Use, and Accountability of Other then Budgeted Funds . 6 405 Deposit, Utilization, and Commingling of Funds 6 • V • REPORTS, RECORDS AND ADUITS 501 Reporting Requirement 6 • 502 Maintenance of Records 7 503 Audits and Inspections 7 504 Property Records 8 505 Accounting Practices 8 506 Documentation of Expenditures 8 507 Validity of Financial Documentation Submissions • . 3 .. .. . moi_ COA/AAA-6/83 TABLE OF CONTENTS (Con' t) Section Number and Title Page VI GENERAL TERMS AND CONDITIONS 601 Indemnification and Insurance Requirements 9 602 . Prohibition Against Assignment 12 603 Limitation of Expenditures 12 604 Limitation of Corporate Acts 12 605 Employment of Executive Personnel 13 606 Removal of Project Director 13 607 Contractor Personnel 13 608 Property 13 609 - Site Selection and Lease 14 610 Purchase or Lease of Equipment 14 611 Subcontracts 14 612 Competitive Bid Requirements 14 613 Consultant Services 15 614 Construction Subcontracts 15 615 Records and Audits'of Subcontracts 16 616 Cost-Plus Percentage of Cost Subcontracting 16 617 Restriction on Disbursements 16 618 - Funding Reduction 16 619 Allowable and Unallowable Costs 16 620 Overtime Work 17 621 Travel 17 622 Contract'Amendments 17 623 Restriction on Disclosures 18 624 Compliance with Statutes and Regulations 18 625 Permits and Licenses 18 626 Conflict of Interest 19 627 Copyrights 20 628 Patents 20 629 ' Political Activity Prohibited 20 630 Lobbying Prohibited 20 631 Press Releases ' 21 ----� _." r - :_ -ii- - COA/AAA_6/83, �_. t. • % • TABLE OF CONTENTS (Con't) Section Number and Title Page • VI GENERAL TERMS AND CONDITIONS (Can't) 632 Discrimination Prohibited 21 633 Nondiscrimination, Equal Employment Practices, and Affirmative Action Program 21 634 Captions 21 635 Waivers 21 636 Effect of Legal Judgement 21 637 .Choice of Law Governing this Agreement 22 VII DEFAULTS, PROBATION, SUSPENSION, AND TERMINATION 701 Defaults 22 702 Probation • • 22 703 Suspension . 22 704 Termination 22 VIII - • ENTIRE AGREEMENT • 801 Complete' Agreement 23 ;802 Number of Pages and Attachments 23 Execution (Signature) Page 24 • ATTACHIMENTS/EXHIBITS • Attachment A- EXHIBIT I (Proposal response) Section A - Work Program . Section B - Management . Section C - Budget' • • • • i • . COA/AAA. 6/83'-_= • AGREEMENT NUMBER OF CONTRACTS BETWEEN THE COUNCIL ON AGING AND • THE City of Cupertino RELATING TO THE Case Management PROJECT THIS AGREEMENT is made and entered into by and between the Council on Aging of Santa Clara County, Inc. , a private, non-profit corporation, hereinafter called the AAA and the City of Cupertino hereinafter called the Contractor. WITNESSETH WHEREAS , the Older American Act of 1965, as amended (OAA) , author- ized the Department of Aging, State of California, hereinafter called the Grantor, to enter into a financial grant (Grant Agreement) with the Council on Aging to establish an Area Agency on Aging in order to improve the social, physical and economic conditions of older citizens in the County of Santa Clara; and WHEREAS ,the Council on Aging of Santa Clara County, Inc. , has been designated by the California Department of Aging to provide for the proper planning, under Title III-B, III-C1, III-C2, and V of the OAA and has developed the Annual Area Plan for Progress Toward & Comprehensive, Coordinated Service System for Older Persons, hereinafter called the plan; and - WHEREAS ,the Council on Aging cooperates with private organizations, other agencies of the County and agencies of other governmental jurisdictions in carrying out certain functions and programs which are its responsibility; and WHEREAS ,the project which is the subject of this agreement herein- after called the Agreement, hss been established by the AAA as one of the above described programs, and has been approved by the Council on Aging Board of Directors. NOW, THEREFORE , the AAA and the Contractor agree as follows: AGREEMENT I INTRODUCTION AND CONDITIONS PRECEDENT Section 101. Parties to the Agreement The parties to this Agreement are: 1. The Council on Aging, a non-profit corporation, having its principal office at 2131 The Alameda, San Jose, Ca. 95126. 2. The Contractor, known as City of Cupertino having its principal office at 10300 Torre Ave, Mail; P. '0: Box 580 Cupertino, Ca. 95014 - - - .. -1- COA/AAA-6/83 • Section 102. Representatives of the Parties and Service of Notices • The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows: 1. The representative of the AAA shall be, unless otherwise stated in the Agreement: Rex C. Painter, Executive Director Council on Aging of Santa Clara County/ Inc. • 2131 The Alameda • San Jose, Ca. 95126 2. The representative of the Contractor shall be: Patricia Philip Cupertino Senior Center 21251 Stevens Creek Blvd. Mail: P. 0. Box 580 Cupertino, Ca. 95014 (408) 253-2098 3. Formal notices, demands and communications to be given hereunder by either party shall be made in writing and may be effected by . personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mailing. • 4. If the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accord with this section, within five (5) working days of said change. Section 103 Time of Performance The term of this Agreement shall commence on July 1, 1983 and end June 30, 1984 provided that said term is subject to the provisions of Section 701 herein. Performance shall not commence until the Contractor has obtained the AAA's approval of the insurance required in Section 601 herein; provided that if non-AAA grant funds are used herein, performance shall not commence until the date of release of funds for this Agreement by the Grantor of the non-AAA funds. Section 104 CONDITIONS PRECEDENT A. Prior to the execution of this Agreement, the parties have cooperated in the preparation of the following: 1. Budget Documents, which shall control the expenditures of the contractor: a. Budget Summary and Projected Expenditures by Month, which is a summary by Cost Category of all approved expenditures and a summary by Cost Category of the projected monthly expenditure rate for approved items, and which is attached hereto as Exhibit I, and by this reference incorporated herein. b. Budget Justifications, which is a detailed itemized listing by Cost Category of all items approved for expenditures, and which is attached hereto as Exhibit I, and by this reference incorporated herein. COA/AAA-6/83 • c. Budgets described herein shall be adhered to unless modified and approved in writing as provided in Section 622 of this Agreement. 2. Organization Chart, Salary Plan, and Job Descriptions a. Organization Chart, which indicates the relative position of all personnel authorized by Exhibit I-Budget Justifications, Cost Category Personnel, and which is attached hereto as Exhibit I, and by this reference incorporated herein. • b. Salary Plan, which lists all personnel authorized by Exhibit I Budget Justifications, Cost Category Personnel, and prescribes the salary for each position, and which is attached hereto as Exhibit I, and by this reference incorporated herein. • c. Job Descriptions,which are a compilation of all individual job descriptions for all positions authorized by Exhibit I Budget Justification, Cost Category Personnel, and which is attached hereto as Exhibit •I, and by this reference incorporated herein. d. Changes to said documents shall receive the prior approval of the AAA before becoming effective. • • B. Prior to the execution of this Agreement, the Contractor shall submit • - •= to the AAA for approval in writing the following documents:. 1. Contractor Administrative, Financial, and Accounting Procedures. 2. Equal Employment Practices Plan or an Affirmative Action Program Plan in accordance with Section 633 herein. -. 3. A proposed depository agreement with a bank for the receipt of funds from the AAA under this Agreement. The depository agreement shall set forth the right of the AAA to exercise a suspension of business upon proper notice to the bank by the AAA. ' 4. Changes to the foregoing documents affecting the performance of the Contractor under this Agreement shall receive AAA approval in writing before the Contractor may affect the change. C. Prior to the execution of this Agreement, the Contractor shall provide the AAA with copies of their Articles of Incorporation, as filed with the Secretary of State, By-laws, resolutions or other corporate actions specifying the names of persons authorized to obligate the • Contractor, and all amendments thereto. • • - - - -g- _ COA/AAA-6/83 • • • • • II DUTIES AND POWERS OF THE CONTRACTOR Section 201. Independent Contractor Status of the Contractor The parties agree that the performance of the Contractor's services hereunder shall be in the capacity of an independent Contractor and that no employees of the Contractor have been, are, or shall be employees of the AAA by virtue of this Agreement, and the Contractor shall so inform each employee organization and each employee who is hired or retained under this Agreement. Section 202. Contractor Agreements A. The Contractor shall submit to the AAA a list of all grant or funding agreements entered into between the Contractor and other public or private organizations concerning the activities funded under this Agreement and of any termination, default, suspension or disallowed costs under said funding agreements. The Contractor shall inform the AAA in writing of all new sources of funding the Contractor may acquire during the term of this Agreement concerning the activities funded under this Agreement. B. A copy ofany of the above agreements- shall be furnished to the AAA upon its request. Section 203. Services to be Provided by the Contractor A. The Contractor shall plan, develop, operate, and manage the programs which are the subject of this Agreement, in compliance with govern- mental codes, regulations, and directive applicable to such programs and as defined in this Agreement. B. Priority of Service 1. Priority shall be given to those seniors who are sixty (60) years • of age or older and are in the greatest economic and social need. 2. Greatest economic need is defined to mean the need resulting from an income level at or below the poverty threshold established by Federal Guidelines. 3. Greatest social need is defined to mean the need caused by non- economic factors which include physical and mental disabilities, language barriers, cultural or social isolation including that • caused by racial or ethnic status (for example Black, Hispanic, American Indian, and Asian American) which restricts an individual's ability to perform normal daily tasks or which threaten his or her capacity to live independently. C. Units of Service The units of service referred to in this agreement are in accordance with those standard units of service defined in the operations manual issued by the Department of Aging, State of California, a copy of which has been furnished to the Contractor by the AAA. 4- COA/AAA-6/83 y r • D. CASE MANAGEMENT PROGRAM SERVICES (OAA Title III B) The goal of Case Management is to enable functionally impaired older persons to obtain services which_promote and maintain their optimum level of functioning in the least restrictive setting possible. Case Manage- ment consists of the following minimum set of services: comprehensive assessment of client's psychosocial and health needs; individualized care plan; service authorization/arrangement through coordination of existing resources, authorization for payment of services; and periodic monitoring of each client's care plan. E. The following are the required minimum number of units of service for each case management position (divide in half for part-time case managers) . • Comprehensive Assessment - 480 hours (40 each .month) • Care Planning - 480 hours (40 each month) Service Authorization or Arrangement - 720 hours (60 per Month) Case Monitoring - 240 hours (20 per month) • F. The following nine points are taken from the approved request for proposal and are incorporated herein as a general statement of service delivery and as a part of this agreement. • 1. Comprehensive case management services will be provided to ten new older persons each month who have multiple needs (three or more) at or through COA designated Focal Points and senior centers within the Community Service Area (CSA) . • 2. Each Case Manager will coordinate appropriate referrals and/or service • authorization for clients through the development and maintenance of a • list of resources available for seniors within the designated CSA(s) . • 3. Each Case Manager will work closely with countywide senior services, • particularly outreach, and information and referral programs, to establish an ongoing referral system. 4. Provider must develop written agreements with the COA Focal Point(s) and/or senior centers within the designated service area. This agreement should outline available space, and support services for the provision of case management services at each center. • 5. Provider must accept referrals from adjoining service areas which are not served by case management services (CSA-2 Sunnyvale, and CSA-4 Milpitas) , when no other appropriate service arrangement can be made. • 6. The portion of COA funds'to be allocated for the salary- of each Case Manager position cannot exceed $21,000 ($10,500 for '-s time) and is subject to COA approval based on the following criteria regarding the proposed Case Manager: a. Educational qualifications; b. Relevant work experience in case management, particularly • with older persons in greatest need; c. Experience in the COA program; and d. Language capabilitiy. 7. Each provider should encourage coordination between individual case managers for sharing of resources, training activities, and appropriate referrals. • • 8. Provider must ensure that case management services are available to • all persons in the service area who are in need. The level of service within the CSA(s) should be proportionate to the percentage of the target population in each community. 9. Participant donations for services rendered by the Contractor shall be received with complete anonymity. The Advisory Council shall recommend a suggested schedule of donative rates which the Contractor will post in a prominent location within the service area. The Contractor's Executive Director shall be responsibleto implement procedures that will assure -- the anonymityiof. the_donor,_proper :recording.;=safeguarding;' accounting . _._ and deposit o£ tZie donations r -'T" 43 -COA/AAA b/83 T __ G. OUTREACH The Contractor shall provide an outreach services program through which hard-to-reach isolated elderly individuals in greatest need of available social services are identified and contacted. The purpose of the outreach services program is to inform these individuals of the opportunities and assistance available, with the intent of linking them to the appropriate service. H. INFORMATION AND REFERRAL TheContractorshall provide an information and referral services program according to California Department of Aging Information Memorandum CDA-Ito-T3-00-5 which is incorporated herein by reference and considered as though set forth herein in full. I. ANNUAL PROGRAM PLANNING The Contractor shall develop a program-plan that details further actions and the most effective way to respond to changes in the resources available and to changes in the participants' needs and interests. The plan shall identify the service area and the 60+ population characteristics for the project area. The plan shall detail the methods used to assess the needs and interests of older people, identify available resources, set program priorities, and evaluate prior years programs. The Contractor's Project Director - is responsible for the development of the plan. J. ADVISORY COUNCIL The Contractor shall have an advisory council that is composed of the program's participants and other individuals from the community. The role of the advisory council shall be to provide guidance and additional citizen input. The advisory council shall advise the Contractor ona program's operation. The advisory council shall not have legal authority. The advisory council shall maintain a file that contains council minutes and resolutions. K. PUBLIC INFORMATION The Contractor shall provide information about the Contractor's program and other resources for older people in the community through the broad use of available media. Public Information shall be used to attract new participants, to attract volunteers, to enhance the community's image of older people and to generate new sources of financial support. L. VOLUNTEER STAFF The Contractor shall use volunteers to provide important opportunities for participants and other community members to contribute to the • program. A volunteer is an individual who performs a task related to the program without receiving pay for his or her work. M. STAFF AND VOLUNTEER TRAINING The Contractor shall provide training to all staff, paid and volunteer, to assist in developing their abilities, improve their job performance, and to ensure appropriate relationships between staff and .. .._.,....0 ... •---•--- • _.���T..�_...�. • —.�.._.........._:....,:.:...Wt_.u.u_...::va�.Vmw....'a„�..c .a.V.t.�..w._v...:..._Su..u:uw o.�uav�.V•c.....� ....w.—.._3u�[*.�...S�l�k a3u.'..n.i:.� N. INTERNAL MONITORING The Contractor shall perform internal monitoring to review and appraise all or part of the program's operations. This monitoring shall be a systematic method to collect and examine data relating to special areas of concern, as well as ongoing aspects of the operation or program. The purpose of such monitoring shall be to determine the effectiveness in achieving objectives set forth in the operational plan; the efficiency of the methods used; and the impact on the target population, older Americans. Internal monitoring shall also reveal problems with a specific activity or service, or provide input for planning of the coming period or the rectifying .of detected problems. O. CONTRACTS WITH OTHER AGENCIES The Contractor shall form cooperative agreements with other community agencies in order to ensure comprehensive and coordinated service delivery and to prevent duplication of services. P. PROPERTY ACCOUNTABILITY The Contractor shall assure that all non-expendable property purchased with OAA funds provided by previous Agreements between the AAA and the Contractor, and any subsequent amendments thereto, together with all non-expendable property purchased under the terms of this Agreement, shall remain under the control of the Contractor during the term of this Agreement. All such property shall be accounted for in accordance with the provisions of Section 504, Property Records, of • this Agreement. • .. • • III DUTIES OF THE AAA Section 301,Compensation A. The AAA shall pay to the Contractor an amount not to exceed • Twenty One Thousand Dollars ($ 21,000.00 ) , (OAA Title III-B, $ 21,000.00 ; OAA Title III-CI, $ N/A ; OAA Title III-C2, $ N/A , for complete and satisfactory performance of the terms,of this Agreement, subject to the provisions of Section 619 of this Agreement. The AAA assumes no responsibilities to pay for salaries, equipment, or other expenses not • specifically enumerated in this Agreement. It is understood by both parties that the AAA makes no commitment to fund this project beyond the term of this Agreement. B. If Nutrition Services are provided under the terms of this Agreement (OAA Title III-CI and III-C2) , the. Contractor shall, in addition to the OAA funds provided by this Agreement, be reimbursed at the rate of $ N/A cash per actual meal served in lieu of United States Department of Agriculture (USDA) commodities. IV METHOD AND TIME OF PAYMENT • Section 401.Payment to the Contractor A. The Contractor shall be reimbursed, or receive advance payments, for all expenses authorized under the terms and conditions of this Agreement, subject to the availability of funds for this project and subject to all other provisions of this Agreement. B. All payments to Contractor for services provided for in this Agreement are subject to funding availibility from State and Federal budgets. Section 402.Withheld Payments A. Unearned payments under this Agreement may be suspended or terminated if grant funds to the AAA are suspended or terminated, or if the Contractor refuses to accept additional conditions imposed on it by the Grantor or the AAA. B. The AAA has the authority to withhold funds under this Agreement pending a final determination by the AAA of questioned expenditures or indebtedness to the AAA arising from past or present agreements between the AAA and the Contractor. Upon final determination by the AAA of disallowed expenditures or indebtedness, the AAA may deduct and retain the amount of the disallowance or indebtedness from the amount of the withheld funds. C. Payments to the Contractor may be withheld by the AAA if the Contractor fails to comply with the provision of this Agreement. • Section 403.Return of Unexpended Funds The Contractor agrees that either upon completion or termination of this agreement any unexpended funds shall be immediately returned to the AAA; in no event later than forty-five (45) days after com- pletion or termination. Funds advanced by the AAA, determined by ._ the AAA to be in excess of the amount actually required, shall also be immediately returned to the AAA. • -5 - -- - - - COA/AAA-6/83 • • Section 404. Receipt, Use, and Accountability of Other Than Budgeted Funds The Contractor agrees that income funds realized as a result of activities which are funded by this Agreement shall be reported in writing to the AAA within five (5) working days following the receipt of such funds, except that income funds generated on a regular basis (e.g. : donations for services) shall be reported as provided elsewhere by this Agreement. The Contractor further agrees that all such income funds shall: (1) be the property of the AAA (2) be used solely to offset the operating expenses of the activities funded by this Agreement; (3) not be expended without prior written approval of • the AAA unless otherwise provided for by this Agreement; and, (4) be subject to all of the provisions of this Agreement. • Section 405. Deposit, Utilization, and Commingling of Funds A. Funds paid to the Contractor pursuant to this Agreement shall be deposited only in the bank or banks approved by the AAA and shall be insured fully and continously. All interest earned on such funds - shall accrue to the AAA for the benefit of the Grantor. B. Funds paid to the Contractor pursuant to this Agreement; shall be used exclusively for the activities set forth by this Agreement. C. Funds paid to the Contractor pursuant to this Agreement shall not be commingled with other funds administered by the Contractor. • • REPORTS, RECORDS AND AUDITS. Section 501. Reporting Requirement A. At such times and in such forms as the AAA may require, there shall be furnished to the AAA such statements, records, reports, data and information as 'the AAA may request pertaining to matters covered by • this Agreements. B. On or before the fifth working day of each month, the Contractor shall submit to the AAA the following reports on forms provided: • 1. For OAA Title III-B projects: a. Financial Report and Request for Funds • • b. Monthly Project Report c. Monthly Narrative Report d. Annual Inventory Update e. Close-Out Financial Report (submitted annually) . 2. Far OAA Title III-C projects: - a. Monthly Report of Cash Flow and Request for Funds (Title III-C Grant. and USDA Entitlement) • b. Monthly Nutrition Meal Count and Participant Summary c. Monthly Report of Transactions d. Annual Inventroy Update e. Close-Out Report of Transactions (Submitted Annually) _ _6- . COA/AAA-6/83 • • Section 502. Maintenance of Records A. Records, in their original form, shall be maintained in accordance with requirements prescribed by the Grantor and the AAA with respect to all matters covered by this Agreement. Such records shall be retained for a period of Three (3) years after termination of this • Agreement. The AAA may, at its discretion, take possession and retain said records. • B. Records in their original form pertaining to matters covered by this Agreement shall at all times be retained within the Santa Clara County Area unless authorization to remove them is granted in writing by the AAA. Section 503. Audits and Inspections A. At any time during normal business hours and as often as the Grantor, • the U.S. Comptroller General or the AAA may deem necessary, the Contractor shall make available to the AAA for examination, all of - • its records with respect to all matters covered by this Agreement. The AAA, Grantor, and the U. S. Comptroller General shall have the authority to audit, examine• and make excerpts or transcripts from • records, including all contracts, invoices, materials, payrolls, ' records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 1. The AAA shall have the authority. to examine the books and records used by the Contractor in accounting for expenses incurred under this Agreement. Should these books and records not meet the • minimum standards of the accepted accounting practices of the AAA, the AAA reserves the right to withhold any or all of its funding to the Contractor until such time as they do meet these standards. • 2. The AAA may require the Contractor to use any or all of the • • AAA's accounting or administrative procedures used in the planning, controlling, monitoring, and reporting of all fiscal ' matters relating to this Agreement. • 3. The AAA shall have the authority to examine all forms and • documents used, including, but not limited to, purchase requisitions, purchase orders, supply requisitions, invoices, journal vouchers, travel vouchers, payroll checks and other checks • used by the Contractor. It further reserves the right to require that personnel forms and documents be pre-numbered and kept under accounting control. 4. The AAA reserves the right to dispatch auditors of its choosing to any site where any phase of the program is being conducted, controlled or advanced in any way, tangible or intangible. Such sites may include the home office, any branch office or other locations of the Contractor if such sites or the activities performed thereon have any relationship to the program covered by this Agreement. 5. The AAA shall have the authority to make physical inspections and to require such physical safeguarding devices as locks, alarms, safes, fire extinguishers, sprinkler system, etc. , to safeguard property and/or equipment authorized by this Agreement. • 6. Subject to the discretion of the AAA, certain authorized members of the AAA shall have the right to be present at any and all of the Contractor's staff meetings, Board of Directors meetings, Advisory Committee meetings and Advisory Board meetings if an item • to be discussed is an item of this Agreement. .. .. -- -.. ..,: .--- , .. -7- . .. _ - -- . COA/AAA-6/83 B. When a fiscal or special audit determines that the Contractor has . expended funds which are questioned under the criteria set forth herein, the Contractor shall be notified and given the opportunity to justify questioned expenditures prior to the AAA's final determination of disallowed costs. The AAA shall determine any amount to be paid to the Contractor during the period of audit. C. The Contractor agrees to cause an independent annual audit of funds expended by this Agreement. Contractor further agrees to fund such audit from non-AAA funds and to submit within 45 days of contract close to AAA. Such Audit must be in accord with Federal guidelines and by a qualified, independent auditors. Section 504. Property Records Personal property (herein referred to as property) acquired pursuant to this Agreement which is non-expendable, shall be properly maintained and accounted for as set forth below. 1. A record shall be maintained for each item of non-expendable property acquired for the program. Non-expendable property is property which will not be consumed or lose its identity by being incorporated into another item of property, with a cost of $100 or more per unit or is expected to have a useful life of one (1) year or more. Grouping of like items, such as chairs, with an aggregate cost in excess of $100 shall also be controlled and accounted for as non-expendable property even though the cost of a single item is less than $100. The record shall include: (a) description of the item of property, including model and serial number, if applicable; (b) date of acquisition; (c) the acquisition cost or assigned value to the program; and, (d) source of acquisition. 2.The record shall indicate whether the item of 'property"was new or used at the time of acquisition. The aggregate of the individual costs shown on the record cards shall equal the balance of the subsidiary cost account for non-expendable property. 3. All non-expendable property obtained under this Agreement shall have a AAA identification decal affixed to it. The identification decal, when practical, shall be affixed where it is readily visible. 4. A physical inventory shall be taken by the Contractor and reconciled with the record card annually or at such -other times as the AAA whall prescribe. • Section 505. 1Accounting Practices A. The Contractor shall maintain a system of internal control in accordance with accepted accounting practices as approved by the AAA. Internal control comprises the plan or organization and all of the coordinate methods and measures adopted within an organization to safeguard its assets, check the adequacy and the reliablilty of its accounting data, promote operating efficiency, assure adherence to prescribed management policies, and as applicable, properly account for USDA cash in-lieu of commodities, project income, and OAA funds. B. The Contractor'a system of accounting procedures shall be approved by the AAA prior to any disbursement of funds to the Contractor. Section 506. Documentation of Expenditures Expenditures shall be supported by properly executed payrolls, time records, invoices, vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. Checks, payrolls, invoices, vouchers, orders, or other accounting documents shall be clearly identified and readily accessible. • _g- COA/AAA-6/83 • • Section 507 Validity of Financial Documentation Submissions Financial reports required to be prepared and submitted by the Contractor to the AAA shall be accurate and correct in all respects. Should inaccurate reports be submitted to the AAA, the AAA may elect to have the Contractor secure the services of a licensed accounting firm. Cost of such accounting services are to be borne by the Contractor and are not to be reimbursed from the funds authorized by this Agreement, unless specifically agreed to between the Contractor and the AAA in a written amendment. • VI GENERAL TERMS AND CONDITIONS Section 601. Indemnification and Insurance Requirements A. Indemnification The Contractor undertakes and agrees to defend indemnify and hold harmless the Council on Aging and any and all of the Council on Aging officers, agents, employees, assigns, and successors in interest from and against all suits and causes of action, claims, losses, demands, and expenses, including, but not limited to attorney's fees and cost of litigation, damage or liability of any nature whatsoever, for death or injury to any person, including Contractor's employees and agents, or damage or destruction to any property of either party hereto or third persons in any manner arising by reason of or incident to the performance of this Agreement on the part of the Contractor, whether or not contributed to by any act or omission, active or passive, negligent or otherwise, except for the sole negligence of the Council on Aging or any of the Council on Aging officers, agents or employees, irrespective of any AAA approval of the Contractor's performance. B. Insurance 1. The Contractor shall not commence work under this Agreement until it has obtained all insurance required under this Agreement-and such insurance has been approved by the AAA, nor shall the Contractor allow any subcontractor to commence work until all insurance required for the subcontractor has been obtained and approved by the AAA. 2. No payment shall be made to the Contractor until such time as the Contractor has complied with all insurance and bonding requirements under this Agreement. The Additional Insured Endorsement stating that the Contractor is so insured, must accompany any demand for payment unless said form has been proviously submitted and approved by the AAA. Certification of insurance shall be procured, filed and approved - by the AAA. 3. Evidence of insurance coverage shall be endorsed to provide for not less than thrity (30) days prior written notice of cancellation to the AAA by certified mail, return receipt requested. Policies of insurance and fidelity bonds, except for policies covering Worker's Compensation and Employees' and Volunteers' Owned and/or leased Vehicles, shall name the Council on Aging as an Additional Insured and said endorsements or • other evidence of insurance shall so indicate. Fidelity bonds shall name the Council on Aging as loss payee or additional insured. 4. The Contractor shall maintain at least the following minimum insurance coverage to satisfy the requirements of this Agreement. a. General Comprehensive Liability, with Contractual Liability and Personal Injury coverage included, protecting the insured and the Council on Aging against claims arising from bodily injury or death to third parties and property damage. The required minimum for such coverage is $500,000, a Combined Single Limit subject to higher limits as may be determined by the AAA. The AAA may require any or all of the following endorsements to the policy: (1) Fire Legal Liability, provided the Contractor is occupying leased premise, unless a waiver of subrogation is obtained from the lessor. - _ - - - __ COA/AAA-6/83 • (2) Products Liability, provided the Contractor is performing services involving the preparation and/or distribution of food or items which could result in injury, sickness or death to a third party. • (3) Property Insurance, To protect against loss of personal/business (equipment) property purchased or leased with funds provided by this Agreement, as well as other property utilized to carry out performance under this Agreement. (4) Non-owned Auto Liability, for all autos driven on Contractor's business with minimum limits of $100,000/$300,000/$500,000 or $350,000 Combined Single Limit. (5) Manufacturers and Contractors Liability, Provided the Contractor has employees engaged in performing landscaping, minor con- struction or repair to structures. (6) Other endorsement's . including but not limited to: Errors and • Omissions, Professional Liability, and Malpractice Liability. b. Worker's Compensation as required by California State law. The Council on Aging shall not be named as a party to the coverage but a thirty (30) day notice of cancellation as described herein shall be included in the policy. • c. Fire, Extended Coverage, Theft, Vandalism and Malicious Mischief • insurance protecting against losses to real and personal property .. - purchased or leased with funds provided by this Agreement. Insurance coverage shall provide for replacement value of property. Losses • incurred under this provision shall be reported in writing to the AAA within forty-eight (48) hours of such loss. d. Fidelity Bond for any losses of money, securities, and other property caused by any fraudulent or dishonest act committed by any employee, board member, officer, partner, shareholder and/or trainee of the Contractor, subject to the following requirements; (1)The bond shall be a Commercial Blanket Bond, with an approved corporate surety covering all employees, board members, officers, partners, shareholders and/or trainees; (2)The amount of the bond shall be determined by the AAA. (3)The Bond shall be limited to this Agreement and shall name the Council on Aging as loss payee, obligee or additional • insured for the purpose of reimbursement of any loss sustained by the action of the Contractor in the performance of this Agreement; (4)The bond shall cover losses incurrred during the period of performance of this Agreement with a discovery pericd covering no less than one (1) year subsequent to cancellation or other termination of the bond. e. Vehicle Insurance: The following coverage is required for vehicles owned or leased by the Contractor: • • -10- COA/AAA-6/83 • • (1) Liability: (a) Minimum limits:. $100,00/$300,000 Bodily Injury; and $50,000 Property Damage or $350,000 Bodily Injury and Property Damage, a combined Single Limit. • (b) The AAA may require higher limits of coverage for special situations. (2) Collision: Coverage for actual cash value of the vehicle. ($250 Deductible is allowed.) (3) Other: '(a) Theft, Fire and Combined Additional Coverage. ($100 Deductible is allowed.) • (b) Uninsured Motorist Coverage with limits of • $25,000/$50,000/$5,000 minimum. • (4) Contractor's Employee's or Agent's Private Vehicles: (a) Employees or Agents of the Contractor who are reimbursed for using private vehicles for Contractor related activities shall maintain the same minimum vehicle coverage as set forth herein for the Contractor. (b) Employees or Agents of the Contractor who do not receive reimbursement for using private vehicles for Contractor related activities shall maintain the minimum coverage required by State law. (c) The Contractor shall be responsible for assuring • that employees or agents maintain minimum coverage required herein,said coverage to be maintained at the employee's or agent's own expense. • f. Construction/Rehabilitation Liability. In the event that this Agreement authorizes the Contractor to engage in new construc- tion or the renovation/rehabilitation of an existing structure, the Contractor shall, in addition to any foregoing coverage which may be required, maintain at least the following minimum insurance coverage to satisfy the requirements of this Agreement: (1) General Comprehensive Liability: The building contractor(s) and/or subcontractor(s) shall be required to provide minimum General Comprehensive Liability insurance during the life term of the rehabilitation, renovation, remodeling or construction contract for: $500,000 Bodily Injury and Property Damage, Combined Single Limit, subject to higher limits as determined by the AAA. . (2) Fire and Extended Coverage: (a) The Contractor shall be required to secure Fire and Extended Coverage for an adequate value of all classes of Buildings owned by the Contractor which are either under construction or being rehabilitated or renovated with funds • provided under this Agreement. The specific coverage required will be determined on an individual basis by the AAA. -11- CAA/AAA-6/83 4 • (b) Each building contractor, prior to commencing construction, shall be required to secure a Course of Construction Policy for Fire and Extended Coverage for an adequate value of the building for the entire time of construction. (3) Additional Requirements: (a) The Council on Aging, its officers, departments , agencies, bureaus, and employees, as well as the Contractor, are required to be named as Additional Insured on each General Comprehensive Liability policy, and to be co-insured on Course of Construction policies for Fire and Extended Coverage carried by building contractor(s) and/or subcontractor(s) performing under the terms of this Agreement. (b) Prior to commencing work under the terms of this Agreement, the building contractor(s) and/or subcontractor(s) shall furnish to the AAA evidence' of a General Comprehensive Liability policy and Course of Construction policy for Fire and Extended Coverage. 5. The Contractor shall maintain all insurance as determined by the AAA to be required, pursuant to Section 601 herein, to protect the Council on Aging in connection with this project regardless of whether or not portions of the budget of said project are provided either as in-kind contributions by the Contractor or are funded from sources other than the AAA, State of California, U.S. Depart- ment of Health, Education and Welfare, or Housing and Community Development funds. Section 602. Prohibition Against Assignment .. - A. The Contractor shall not assign this Agreement, nor assignor transfer any interest or obligation in this Agreement (whether by assignment or novation) without prior written consent of the AAA. ' B. The Contractor shall not enter into any agreement with any other party under which such other party shall become the recipient of claims due or to become due to the Contractor from the AAA without prior wittten consent of the AAA. Section 603. Limitation of Expenditures A. The Contractor shall not expend funds provided under this Agreement prior to the commencement of this Agreement as provided in Section 103 of this Agreement or subsequent to the Agreement suspension or termination in accordance with Sections 703 and 704 of this Agreement. B. Expenditures shall be made in conformance with Exhibit 1 -Budget Justifications, and shall meet criteria established for "allowable costs" under Section 619 of this Agreement. C. Expenditures shall be in direct support of the project which is the subject of this Agreement. The Contractor shall notify the AAA in writing of any expenditures for items jointly used for any other project(s) and the expenditures shall be apportioned according to the percentage of direct use of this project. Section 604. Limitation of Corporate Acts The Contractor shall not amend its Articles of Incorporation or Bylaws, move to dissolve, transfer any assets derived from funds provided under Section 301 herein or take any other steps which may materially affect the performance of this Agreement without first notifying the AAA in writing. The Contractor shall notify the AAA immediately in writing of any change in the Contractor's corporate name. 12- COA/AAA-6/83 Section 605. Employment of Executive Personnel Prior to the employment of the Project Director, his/her deputy or immediate subordinate, and Chief Fiscal Officer needed in support of this Agreement, the Contractor shall first submit the following documents to the AAA for approval in writing. Salaries for these_ positions shall not be paid prior to such approval. 1. A detailed resume which fully describes candidate's work experience, salary history, and educational background. 2. For the Chief Fiscal Officer, a transcript of grades indicating the accounting courses completed by the applicant (as applicable) . 3. A letter transmitting the foregoing document(s) shall include the following: • a. The position the candidate would fulfill under this Agreement; b. The reasons the candidate was selected; c. The starting salary to be paid to the candidate, and; d. Verification by the Contractor of the previous work experience, salary, and education. Section 606. Removal of Project Director A. In the event the Project Director is terminated, the Contractor shall notify the AAA in writing of the reason for taking such action -within three (3) days. B. The selection of a successor shall be made in compliance with Section 605 of this Agreement. Section 607. Contractor Personnel A. The Contractor shall employ persons meeting the qualifications for those positions approved and listed in Exhibit 1, Budget Justifications. Revisions of previously approved job description, and salary ranges, or the creation of new positions shall be sub- mitted to the AAA for approval prior to adoption. The Contractor shall not employ any personnel prior to AAA approval of job descriptions and salary ranges. B. The Contractor shall not 'pay salaries in excess of the maximum salary designated for each position under Exhibit I. Section 608. Property A. All property, real and personal, purchased under this Agreement with funds provided in Section 301 of this Agreement shall become the property of the AAA and shall be returned to the AAA upon termination of this Agreement, except as provided otherwise. B. The property shall be used and maintained by the Contractor as follows: 1. Property shall be used solely in the performance of this Agreement. 2. No modifications shall be made to the property without the prior written approval of AAA. 3. The Contractor shall be liable for any and all. loss, damage or destruction of property acquired under this Agreement during the period said property is under the control of the Contractor, except losses, damage or destruction resulting from reasonable wear and tear. Damage, loss or destruction of the property shall be immediately reported to the AAA. -13- COA/AAA-6/83 Section 609. Site Selection and Lease A. Site Selection A written description giving full details of any site(s) selected by the Contractor for use pursuant to this Agreement shall be submitted to the AAA for approval in writing prior to renting, leasing or acquiring said site. B. Lease or Rental Agreement 1. A copy of the proposed lease or rental agreement shall be submitted to the AAA for prior approval i:n writing. 2. After execution of the lease or rental agreement, the Contractor shall submit a copy to the AAA prior to payment. 3. Written amendments to executed lease or rental agreements shall comply with the conditions set forth herein. Section 610. Purchase or Lease of Equipment - A. Prior to the purchase or lease-of equipment designated in Exhibit I, the Contractor shall comply with Section 611 of this Agreement. B. A copy of each execuited equipment lease agreement shall be submitted to the AAA prior to payment. • C. Written amendments to executed equipment lease agreements shall comply with the conditions set forth herein. D. The term equipment as used in this Agreement shall be defined to mean personal property. E. Contractor shall notify the AAA in writing prior to using equipment for this Agreement which was or is to be purchased or leaped with public funds not provided by this Agreement. Purchase or lease payments for such equipment shall not be made from funds under the terms of this Agreement. Section 611. Subcontracts A. For the purpose of this Agreement, subcontracts shall include, but not be limited to, purchase agreements, lease or rental agreements (excluding real property agreements) , third party agreements, consultant services subcontracts, and construction subcontracts. B. Subcontracts entered into in the performance of this Agreement shall: 1. Contain the terms and conditions set forth in Section 611 through 637 of this Agreement; 2. Specifically prohibit assignment or transfer of interest without prior written approval by the AAA. C. Subcontracts and amendments thereto shall be submitted to the AAA for approval in writing prior to execution. D. A copy of each executed subcontract, or amendment(s) thereto, shall be submitted to the AAA prior to payment. Section 612. Competitive Bid Requirements A. All subcontracts entered into by the Contractor exceeding the amount of Five Hundred Dollars ($500) shall be let only by competitive bids in compliance with AAA bidding procedures except where using a sole sup- plier of services or materials. Any procurement exceeding Ten Thousand Dollars ($10,000) shall also comply with the requirements of. Office of Management and Budget Circular A-102. -14- COA/AAA-6/83 . B. Prior to entering into any subcontract which has a value of Five Hundred Dollars ($500) , or more, the Contractor shall submit to the AAA evidence that it has received a minimum of three (3) bids for such subcontract and justification for selection of the successful bidder or documentation to support the fact of the sole supplier. Records shall be maintained by the Contractor showing the parties solicited and the bids submitted. Section 613. Consultant Services A. Prior to the execution of a subcontract for consultant services, the. Contractor shall submit to the AAA for approval in writing, a bid • package and proposed subcontract which contains the following items: 1. The Request for Proposal (RFP) . 2. The list of firms to which the RFP's were sent. 3. A minimum of three bids. 4. Specific reasons for the selection of the prospective consultant. A resume of the Consultant which fully describes his/her previous experiences, particularly as it relates to the services he/she would be performing under this subcontract, shall be attached. 5. The proposed subcontract which includes the following: a. Full description of the work activities that will be performed by the Consultant. b. The length of time the Consultant will be retained. c. The fee to be paid to the Consultant indicating whether an hourly, weekly, or job completion date is to be the basis for payment. B. The items 1, 2, and 3 of the above procedure may not apply to technical or professional services of physicians, attorneys, certified public accountants or architects unless otherwise required by the AAA. Section 614. Construction Subcontracts A. All construction subcontracts shall comply with AAA bidding procedures and to the extent federal funds are involved with Office of Management and Budget, Circular A-102, provided that if there is a conflict, the federal provisions shall prevail. The Contractor shall 'submit a copy of the Request for Proposals (RFP) to the AAA for its written approval prior to publication of the RFP. B. Subsequent to the RFP procedure, the Contractor shall make a recommendation to the AAA for its approval of the award of the subcontract. C. Applicable labor standard provisions, including but not limited to, AAA and/or Federal Affirmative Action requirements, the Davis-Bacon Act, as amended, the Contract Work Hours and Safety Standards Act, the Copeland "Anti Kickback Act" as well as all regulations issued pursuant to these acts and other Federal laws and the General Conditions shall be a part of all construction subcontracts awarded pursuant to this Agreement. Bidding procedures and labor provisions hereinabove may be obtained from the AAA on written request. -15- COA/AAA-6/83 to Section 615. Records and Audits of Subcontracts A. Records shall be maintained in accordance with requirements prescribed by the AAA with respect to all matters covered by any subcontract. Such records shall be retained within the Santa Clara County Area for a period of three (3) years after receipt of final payment under this Agreement, unless authorization to remove them is granted in writing by the AAA. B. Expenditures pertaining to subcontracts shall be supported by properly executed documents evidencing in detail the nature of the charges. C. At such time and in such forms as the AAA may require, there shall be furnished to the AAA such statements, records, reports, data and information as the AAA may request pertaining to matters covered by any subcontract. D. These records shall be made available to the AAA for copying, audit, and inspection at any time during normal business hours. Section 616. Cost-Plus Percentage of Cost Subcontracting Under no circumstances shall the Contractor enter into Cost-Plus- a-Percentage-of-Cost subcontracts. Section 617. Restriction on Disbursements No money received pursuant to this Agreement by the Contractor shall be disbursed to any subcontractor except pursuant to a written agreement which incorporates the applicable General Contract Conditions as set forth in Section 611 herein and unless the subcontractor is in compliance with AAA requirements with regard to accounting and fiscal matters, to the extent that they are applicable. Section 618. Funding Reduction }1. curing the performance of this Agreement, the AAA shall have the authority to review the Contractor's actual project expenditures and work performance. Should the AAA determine that the Contractor is in non-compliance with any contractual obligations, the AAA shall, at its discretion, take appropriate action as provided by Section 701 of this Agreement. B. In the event that grant funds are reduced, suspended or terminated by the Grantor, the AAA reserves the right to reduce, suspend or ter- minate the funds provided by this Agreement accordingly. Section 619. Allowable and Unallowable Costs A. To be eligible for payment under this Agreement costs must be made in compliance with Office of Management and Budget Circular (OMB) A-122, • and with the principles set forth below: 1. Be necessary and reasonable for the proper and efficient performance of this Agreement and in accordance with the approved budget, attached hereto. The AAA shall have final authority to determine in good faith whether an expenditure is "necessary and reasonable. " 2. Conform to the limitations within these General Conditions and to any governing statutes, regulations and ordinances. 3. Be fully documented and determined in accordance with approved accounting procedures. • 4. Not be included as a cost or used to meet cost sharing or matching requirements of any other funding source in either the current or a prior period. • 5. Be net of all applicable credits such as purchase discounts, rebates, sales or other income or refunds. -. - .. - .. -16 - - . . . COA/AAA-6/83 Le • B. When, in furtherance of this Agreement, the Contractor is granted compensation for the use of real property and/or equipment owned by the Contractor, such compensation shall be computed as provided by Federal Management Circular (FMC) 74-4, and OMB Circular A-122. C. The following costs, among others, are specifically unallowable: 1. Bad Debts: Any losses arising from uncollectible accounts and other claims, and related costs. 2. Contingencies: Contributions to a contingency reserve or any similar provisions for unforeseen events. 3. Contributions and donations. • 4. Entertainment: Costs of amusements, social activities and • incidental costs, such as meals, beverages, lodging and gratuities relating to entertainment, or any political or lobbying activity. • 5. Fines and Penalties: Costs resulting from violations of, or failure to comply with Federal, State, and local laws and regulations. • 6. Interest and Other Financial Costs: Interest or borrowings (however represented) , bond discounts, cost of financing and refinancing operations, and legal and professional fees paid in connection therewith. 7. Membership Expenses: Costs of membership in any organization which devotes a substantial part of its activities to influencing legislation. 8. Travel: The difference in cost between first-class air • accomodations and less-than-first-clarr air accomodations are unless certified by an authorized airline that less-than-first- class air accommodations are not available. 9. Meeting Attendance: Costs of attending meetings directly related to the performance of tits Agreement which are not open for attendance on a non-segregated basis. • • 10. Non-Competitive Subcontracts: Payments under a subcontract not obtained under competitive bidding procedure unless specifically waived by the AAA. D. Advancements or reimbursements for expenditures which are determined by the AAA to be unallowable must be immediately returned to the AAA. Section 620. Overtime Work Unless specifically stated within this Agreement or authorized by the AAA in writing, overtime work expenditures shall not be incurred by the Contractor under this Agreement. Section 621. Travel Any travel to be incurred by the Contractor and/or its employees under this Agreement that require . the use of private or public transportation outside the limits of Santa Clara County shall first be presented to the AAA for approval in writing, unless the travel has been specifically described as to dates, purpose of travel, number of staff and amount of funds required Exhibit I - Budget Justifications of this Agreement. Section 622. Contract Amendments Either party may request a contract amendment. Contract amendments must be in writing and properly executed by both the AAA and the Contractor. -17-. - COA/AAA-6/83 . i. . Section 623. Restriction on Disclosures Any reports, analysis, studies, drawings, information or data generated as a result of this Agreement are to be considered as confidential. Such information shall not be made available to any individual, agency, or organization except as provided for in this Agreement or as provided by law. Such materials are to be presented to the AAA for disclosure determination. Section 624. Compliance with Statutes and Regulations A. The Contractor warrants and certifies that in the performance of this Agreement, it shall comply with all applicable statutes, rules, regulations and orders of the United States and the State of California, including laws and regulations pertaining to labor, wages, hours, and - other conditions of employment and the AAA's anti-discrimination pro- visions and Affirmative Action Plan. 'Contractor further warrants and certifies that it shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. B. Examples of applicable statutes, rules, or regulations include but are not limited to the following: 1. The provisions in Office of Management and Budget (OMB) , Circular A-102, Uniform Administration Requirements for Grants-In-Aid to State and Local Governments and applicable appendices thereto; 2. The provisions in Office of Management and Budget (OMB) Circular A-122, Cost Principles for Non-profit Organizations; 3. The provisions of Federal Management Circular (FMC) 74-4, Cost Principals Applicable to Grants and Contracts with State and Local Governments: 4. The provisions of Executive Order Number 11,063 dated November 20, 1962; • 5. The assurances made by the AAA that were imposed upon the Council on Aging by the Councils Grant Application for funds under the Older Americans Act of 1965, as amended; 6. The provisions of the Grant Agreement between the Council on Aging and the Department of Aging, State of California, as authorized by the Older Americans Act of 1965, as amended; 7. The Code of Federal Regulations and the Federal Register provisions applicable to the Older Americans Act of 1965, as amended; 8. The provisions of the Annual Area Plan for Progress Toward a Comprehensive, Coordinated Service System for Older Persons, submitted by the Council on Aging to the Department of Aging, State of California. Section 625. Permits and Licenses The Contractor shall obtain all permits and licenses necessary to the performance of this Agreement. The Contractor shall pay all normal fees for permits, licenses, inspections or any other certification or service required in the performance of this Agreement. Among the permits and licenses which may be required are Conditional Use Permits, B-Permits, Building Permits, Incorporation Fees or State Licensing Fees of any kind. The AAA is not permitted to waive any fees for services, except as otherwise required by law. -18- COA/AAA-6/83 . Section 626. Conflict of Interest • A. The Contractor convenants that no person who presently exercises any function or responsibility in connection with this program/project, has any personal, financial or economic interest, direct or indirect, • in this, Agreement except to the extent he or she may receive compensation for his or her performance pursuant to this Agreement. B. No person who presently exercises any function of responsibility in connection with this project/program, on behalf of the Contractor, shall have or acquire any personal, financial or economic interest, direct or indirect, which will be materially affected by this Agreement except to the extent that he or she may receive compensation for his or her performance pursuant to this Agreement. C. For purposes of this Section, an economic or financial interest • includes: 1. Any business entity in which the person has a direct or indirect • investment worth more than One Thousand Dollars ($1,000) ; 2. Any real property in which the person has a direct or indirect interest worth more than One Thousand Dollars ($1,000) ; • 3. Any source of income, loans or gifts aggregating Two Hundred Fifty Dollars ($250) or more in value received by or promised to the person within twleve months prior to the time this Agreement was executed; 4. Any business entity in which the person is a director, officer, partner, trustee, employee, or holds any position of management. D. For purposes of this section, indirect investment or interest means. any investment or interest owned by the spouse, parent, brother, Sister, son, daughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, of the person, by an agent on his or her behalf, by any business entity controlled by_ said person or by a trust in which he or she has a substantial interest. A business entity is controlled by a person if that person, his or her agent, or a relative as defined above possesses more than fifty • percent (50%) of the ownership interest. Said person has a substantial economic interest in a trust when the person -or an above-defined relative has a percent or future interest worth more than One Thousand Dollars ($1,000) . E. Any interest, as defined in this section, on the part of the . Contractor or on the part of any of its directors, officers or employees shall be fully and immediately disclosed to the AAA. F. The term director, as used in this section, shall mean any person serving on the governing board of. the Contractor. G. For further clarification of the meaning of any of the terms used herein, the parties agree that references shall be made to the guidelines, rules, and policy of the Council on Aging regarding . conflict of interest. H. The Contractor warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement. I. The Contractor shall incorporate the foregoing subsections of this section into every agreement that it enters into in connection with this project/program with the modifications that the term "sub- contractor" be substituted for the term Contractor in said contract. • -19- - COA/AAA - 6/83 J. The Contractor covenants that: 1. No person shall be allowed to serve simultaneously as a director and an employee of the Contractor or as an officer and an employee of the Contractor; 2. No person shall be allowed while serving as director, officer or employee of the Contractor to contract (subcontract) with the Contractor; 3. The Contractor shall not contract (subcontract) with a former director, officer, or employee within a one year period following the termination of the relationship between. said person and the Contractor unless this requirement is waived in writing by the AAA; 4. The Contractor shall not employ a former director or officer within a one year period following the termination of the relationship between said person and the Contractor unless this requirement is waived in writing by the AAA; • 5. Prior to obtaining the AAA's approval of any subcontract, the Contractor shall disclose to the AAA any relationship, financial or otherwise, direct or indirect, of the Contractor or any of its officers, directors or employees with the organization with whom the Contractor proposes to contract (subcontract) or with any of • said organization's officers, directors or employees. 6. No person shall be hired in a staff position if a member of that person's immediate family is engaged in an administrative capacity for the Contractor. The Contractor agrees to follow all laws and regulations prohibiting nepotism. Section 627. Copyrights • Should the performance of this Agreement result in a book or other copyrightable material, the author is free to copyright the work, but - the AAA reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, all copyrighted material and all material which can be copyrighted. Section 628. Patents Any discovery or invention arising out of or developed in the course of work aided by this Agreement shall be promptly and fully reported to. the AAA for determination by the AAA as to whether the patent protection on such invention or discovery should be sought and how the rights in the invention or discovery, includingrightsunder any patent issued thereon, shall be disposed of and administered, in order to protect the public interest. Section 629. Political Activity Prohibited None of the funds, materials, property or services provided directly or indirectly under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Section 630. Lobbying Prohibited None of the funds provided under this Agreement shall be used for any purpose designed to support or defeat any pending legislation or administrative regulation. -20- COA/AAA- 6/83 Section 631. Press Releases In all communications with the press, television, radio or any other means of communicating with the general community, the Contractor shall make specific reference to the Council on Aging of Santa Clara County, Inc. as the sponsoring agency of the project. Section 632. Discrimination Prohibited No person shall on the grounds of race, religion, ancestry, color, national origin, sex, sexual preference, age, or physical handicap, be excluded from participation in, be denied the benefit of, or be subjected to discrimination under this program/project. For purposes of this Section, Title 45 Code of Federal Regulations Parts 80,84, and 90 define specific discriminatory actions which are prohibited and corrective action which shall be taken in situations as defined • therein. Section 633. Nondiscrimination, Equal Employment Practices, and Affirmative Action Program The Contractor shall comply with the nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the AAA. In performing this Agreement, the Contractor shall not discriminate in its employment practices against any employee, or applicant for employment because of such person's race, religion, ancestry, color, national origin, sex, sexual , preference, age, or physical handicap. If this Agreement contains a consideration in excess of $500 but not more than $5,000, the Equal Employment Practices provisions of this Agreement shall be the mandatory contract provisions in which event said provisions are incorporated herein by this reference. If this Agreement contains a consideration in excess of $5,000 the Affirmative Action Program of this Agreement shall be the mandatory contract, provisions set forth in which event said provisions are incorporated herein by this reference. The Contractor shall also comply with all rules, regulations, and policies of the Office of Contract Compliance relating to non • - discrimination and affirmative action, including the filing of all forms required by said Office. Any subcontract entered into by the Contractor relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph. Section 634. Captions The section headings appearing herein shall not be deemed to govern, limit, modify or in any way affect the scope, meaning or intent of these conditions. • Section 635. Waivers A. Waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the AAA or the Contractor. B. No waiver by the AAA of a breach of any provision of these conditions shall be deemed for any purpose to be a waiver of a breach of any other provision hereof, or of a continuing or subsequent breach of the same provision. Section 636. Effect of Legal Judgement Should any covenant, condition or provision herein contained be held to be invalid by final judgement in any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall not in any way affect any other covenant, condition or provision herein contained. • -21- COA/AAA-6/83 . � . Section 637. Choice of Law Governing this Agreement This Agreement shall be governed by and construed in accordance with the laws of the State of California. • VII DEFAULTS, PROBATION, SUSPENSION AND TERMINATION Section 701. Defaults A. Should the Contractor fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the AAA reserves the right to: 1. Reduce the total budget; 2. Make any changes in the general scope of this Agreement; • 3. Place the Contractor on probation status in accordance with Section 702 of this Agreement; 4. Suspend project operations in accordance with Section 703 of this • Agreement; or - 5. Terminate the Agreement in accordance with Section 704 of this Agreement. • B. The Contractor agrees to meet the monthly contracted level of service and the specified performance standards unless there occur circumstances beyond normal control such as natural disasters, fire, theft, antici- pated increases in inflation, shortages of necessary supplies or materials due to labor disputes or other causes. For each month that • service falls below 95% of the contracted level, the Contractor will submit an analysis of the causes of the problem and all necessary actions to be taken to correct the problem. If the problem continues for two consecutive months, the Area Agency will meet with the Contractor to explore the problem and develop and appropriate written corrective action plan with time frames. If the Contractor fails to carry out all required corrective action within the time frame, sanctions will be applied as described in the Area Agency sanction policy. Continued lack of corrective action will be cause for termination of the contract. If all appropriate corrective actions are taken but the service level falls 90% or more below the contracted level, the Area Agency will renegotiate the contracted level of service and the budget as appropriate. Section 702. Probation A. The AAA may place the Contractor on probation for failure to comply , with the terms and conditions of this Agreement by giving written notice, which shall be effective upon receipt. B. Said notice shall set forth the period of probation, the reasons for probation, and the specific conditions of non-compliance. C. Within five (5) working days the Contractor shall reply in writing • setting forth the corrective actions which will be undertaken, subject. to AAA approval in writing. Section 703. Suspension A. The AAA may suspend all or part of the project operations for failure of the Contractor to comply with the terms and conditions of this Agreement by giving written notice, which shall be effective upon receipt. -22- COA/AAA-6/83 B. Said notice shall set forth the specific conditions of non-compliance and the period provided for corrective action. C. Within five (5) working days the Contractor shall reply in writing setting forth the corrective actions which will be undertaken, subject to AAA approval in writing. D. Performance under this Agreement shall be automatically suspended • without any notice from the AAA as of the date the Contractor is not fully insured in compliance with Section 601 (Insurance) herein. Performance may not resume without the prior written approval of AAA. Section 704. Termination A. The parties agree that at any time during the term of this Agreement the AAA may terminate this Agreement or any part hereof upon giving the. Contractor at least thirty (30) days written notice prior to the effective date of such termination, which date shall be specified in such notice. B. All property, documents, data, studies, reports and records purchased or prepared by the Contractor under this Agreement shall be disposed of according to the AAA directives. C. In the event the Contractor goes out of existence, copies of all records relating to the project or activity that are the subject of this Agreement shall be furnished to the AAA. • D. Upon satisfactory completion of all termination activities the AAA shall determine the total amount of compensation that shall be paid to the Contractor for any unreimbursed expenses reasonably and necessarily incurred in the satisfactory performance of this Agreement. E. The AAA may withhold any payments due to the Contractor for the purpose of set-off until such time as the. exact amount of damages due to the Council on Aging from the Contractor is determined.- VIII ENTIRE AGREEMENT Section 801. Complete Agreement This Agreement contains the full and complete Agreement between the two parties. No verbal agreement or conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement. • Section 802. Number of Pages and Attachments This Agreement is executed in three duplicate originals, each of which is deemed to be an original. This Agreement includes pages and attachments which constitute the entire understanding • and agreement of the parties. COA/AAA-6/83 - . • • IN WITNESS WHEREOF, the Council on Aging of Santa Clara County, Inc. caused this Agreement to be executed by their duly authorized representatives. • • APPROVED AS TO FORM AND LEGALITY: . • • BY: • Corporate Attorney DATE: Executed this y4if day of , 1983 � FOR:- Council on Aging of Santa Clara County,In President Boar f Directors ��.... BY. go.-x.. .410/ - Executed -z.Executed this ( ��O�i1 day of (Contractor \` %1 ' 1983 CORPORATE SEAL) V FOR: . City O I•- 0 2776-g-L.--4- GOCITgacKnoK raniX City Manager ATTEST: /17 BY: Yr • 06W0i, neeilieNCIGIE 4-9 af---4/ Contract File Number: ; Date Board Adopted: Said Agreement is Number of Title III OAA • • ...., ..,. . -24-. ., - COA/AAA-6/83 '. • , a32✓ RESOLUTION NO. 6074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING CUPERTINO SENIOR CENTER TO APPLY FOR $21,000.00 FOR A CASE MANAGER, THE TOTAL • AMOUNT OF • $21,000.00 TO BE GRANTED THROUGH TITLE III B OF THE OLDER AMERICANS ACT AND AUTHORIZING THE CITY MANAGER OF THE CITY OF CUPERTINO TO EXECUTE AND ADMINISTER THE CONTRACT AND ALL AMENDMENTS THERETO UPON APPROVAL OF THE APPLICATION BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY: a. Approves the filing of an application for a Case Manager through Title III B of the Older Americans Act; and b. Appoints the City Manager of the City of Cupertino to execute and administer the contract and all amendments thereto upon approval of the application. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of April , 1983 by the following vote: Vote Members of the City Council AYES: Johnson, Plungy, Rogers, Sparks, Gatto NOES: None ABSENT: None ABSTAIN: None • ATTEST: APPROVED: • /s/ Dorothy Cornelius /s/ John M. Gatto 'City Clerk Mayor, City of Cupertino o-9a (ATTACHMENT) Ing - City of Cupertino 0 0 5 5 0 6 AGREEMENT NO, BY THIS AGREEMENT made and entered into on the 24th day of June 19 82 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Nancy L. McGinnis (2) (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: See attached — Exhibit A DELIVERY: EXHIBITS: The following attached exhibits hereby are made part of this Agreement: A and B TERMS The services and/or materials furnished under this Agreement shall commence on 7-1-82 and shall be completed before 7-1-83 COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City,its officers,agents and employees from any and all damage and liability of every nature, including all costs of defending any claim,caused by or arising out of the per- formance of this agreement.City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin,ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between City and undersigned.At all times Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement.Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. Changes. This agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: Name Patricia Philip Department Parks and Recreation Address c/o 10300 Tone Ave. Cupertino,CA 95014 Telephone 253-2098 This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: nr� / CITY OFCUP�ERTINO: l By C 7 �. /�L4fn�w— By Rt- _-c%<-ct� rp%- J Title ase Manager Title Senior Coordinator APPROVALS Department Head - DateCity Date ��� • - Co 25/82 l��i� LG2/� (.iv� � �U EXHIBIT A (services) I. The services to be performed by CONTRACTOR: Contractor shall provide or furnish the following specified services and/or materials; 1. To provide an individualized assessment of the older person's situations and needs; 2. To identify services to meet those needs and coordinate the delivery of those services; 3. To provide follow-up and insure that services are provided in an appropriate manner; 4. To prepare all necessary reports and project data as required and submit to Focal Point Senior Center Project Director; 5. To improve existing Senior Center Programs and develop new programs to meet the health and social needs of the elderly. EXHIBIT B (compensation) For the term of the new grant beginning 7/1/82 through 6/30/83 compensation shall be made as follows: For the full performance of this agreement, based on a forty hour week, City shall payLContractoPa fee of $692.04 payable at regular bi- monthly intervals following the date of the first payment hereunder. The total amount of compensation shall be $17,993.00 and shall be based on a fifty week year. This contract will commence on 7/1/82 and conclude on 6/30/83. It is expressly understood that the fees and expenses payable hereunder include and are paid in lieu of all other compensation or benefits, excepting only Workman's Compensation as required by the City's contract with the Council of Aging of Santa Clara County, Inc. The City shall waive the business license fee for the case manager position. S • (ATTACHMENT) N• >'it2 ppp\\\ nrdr: `n k • City of Cupertino AGREEMENT N0. i. BY THIS AGREEMENT made and entered into on the ,CC." day of June 19 81 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Nancy L. McGinnis (2) (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: See attached — Exhibit A DELIVERY: EXHIBITS:The following attached exhibits hereby are made part of this Agreement: A and B and C TERMS The services and/or materials furnished under this Agreement shall commence on 7y1• and shall be completed before 7/1/82 COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers,agents and employees from any and all damage and liability of every nature, including all costs of defending any claim,caused by or arising out of the per- formance of this agreement.City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this agreement.Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin,ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between City and undersigned.At all times Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement.Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. Changes. This agreement shall not be assigned or transferred without the written consent of the City.No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: Name Patricia Philip Department Parks and Recreation Address c/o 10300 Torre Ave. Cupertino,CA 95014 Telephone 253-2098 This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: n / CITY OF CUPERTINO: By 4114,4 //lc�- By iLD14--ct � lt..�Ca�f ft d Title rase manager Title --5-4-0.4_:4-c." L7-'r-'crLc%.-✓.fit—r- APPROVALS Department Head DateCi` Dat 6 �n 1 �4,7=W631D (a/= � i dy.,LF� Ti'� �I EXHIBIT A (services) 1. The services to be performed by CONTRACTOR: Contractor shall provide or furnish the following specified services and/or materials : 1. To provide an individualized assessment of the older person' s situations and needs; 2 . To identify services to meet those needs and coordinate the delivery of those services; 3. To provide follow-up and insure that services are provided in an appropriate manner; 4. To prepare all necessary reports and project data as required; 5. To improve existing Senior Center programs and develop new programs to meet the health and social needs of the elderly; EXHIBIT .B (compensation) For the period of June 15, 1981 through June 30, 1981, City shall pay contractor a total of $594.54 as requested in the attached letter to the Council on Aging dated June 8, 1981. Permission has been received from the Council on Aging to compensate both Florence. Marchick and Nancy McGinnes from' the existing grant which expires on June •30, 1981. For the term of the new grant beginning 7/1/81, through 6/30/82, compensation shall be made as follows: • For the full performance of this. agreement, City shall pay Contractor a fee of Seven Dollars, Forty-one cents (7.41) per hour, based on a 40 hour week, payable at regular bi-monthly intervals following the date of thefirst payment hereunder. In addition to said mileage expenses not to exceed Two Hundred Forty Dollars (240.00) per term agreement, provided that the same shall be approved by the City. This contract will commence on 7/1/81 and conclude on 6/30/82. It is expressly understood that the fees and expenses payable hereunder include and are paid in lieu of all other compensation or benefits, excepting only Workman's Compensation as' required by the City's contract with the Council on Aging of Santa Clara County, Inc. The City shall waive the business license fee for the case manager position. A 1• Ela u4 t 4C+5! !!!!!'"'; City of Cupertino • 10300 Torre Avenue P.O.Box 580 Cupertino,California 95014 Cupertino,California 95015 Telephone:(408)252-4505 DEPARTMENT OF THE CITY CLERK July 14, 1981 Attention: Rex E. Painter, Executive Director Council oh Aging of Santa Clara County, Inc. 277 Redding Street San Jose, CA 95110 CONTRACT BETWEEN THE CITY OF CUPERTINO AND SANTA CLARA COUNTY We are forwarding to you as requested three (3) copies of the Contract beween the City of Cupertino and the County of Santa Clara on Aging, which has been fully executed by the City of Cupertino Officials. Sincerely, DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. COUNCIL ON AGING of Santa Clara County, Inc. • 277 WEST HEDDING ST., SAN JOSE, CALIF. 95110 (408) 287-7111 June 23, 1981 Mr. Robert W. auinlan, City Manager t . City of Cupertino ! } 10300 Torre Avenue (T-+ % Cupertino, CA 95014 r to/ • Dear Mr. Quinlan: We are pleased to inform you that ;the Board of Directors of the Council on Aging has .approved a Focal Point grant for the amount of S28,630 for the Cupertino Senior Center project covering the period of July I , 1981 to June 30, 1982. Continuation of the grant past the specified date is, of course, subject to annual review. • Four (4) copies of the contract are enclosed for your review and approval. Please note your signature is required on pages 8 and 109 after signing, please return 3 copies for our files and retain one (1) copy for your file. Shortly after receipt of the 3 signed copies, the COA Grants Manager will contact your Project Director to assure a smooth start—up. We feel the project has had' a significant impact on the Cupertino seniors and I wish to express my appreciation for Your interest in serving the elderly. Cordially, REX C. PAINTER Executive Director Ends. Contract RCP:amc Qeu.e 04— figt..44 1- A United Way Agency PLANNING, COORDINATION, AND ADVOCACY FOR SENIOR CITIZENS CONTRACT BETWEEN AREA AGENCY ON AGING AND SERVICE=PROVIDER (CONTRACTOR) This Contract is made this (r J day of at , 1981 by and between the Council on Aging of Santa Clara County, Inc. , having its office at 277 W. Redding Street, City of San Jose, California, 95110, hereinafter designated as AAA, and CITY OF CUPERTINO hereinafter designated as Contractor. In consideration of the mutual promises and covenants contained herein, Contractor and AAA agree as follows: 1. Contractor's obligations under this Contract, shall be supervised and directed by the CITY OF CUPERTINO at the following project site: 10300 Torre Avenue Cupertino, CA 95015 2. This service or these services shall be carried out by Contractor in accordance with Title III of the Older Americans Act of 1965, as amended, the program cost and operational regulations and directives thereto, Federal and State laws, and the State Manual of Policies and Procedures: Standards for Individual Project Operations, all of which are or may be operative during the terms of this contract. Also included are the COA Policy Statements, grant guidelines, award letter and general proposal requirements. • 3. Contractor agrees to conduct and perform, throughout the term of this contract, the project as set forth in Contractor's Project Grant Application Form, which application is attached to this contract and marked Exhibit A. 4. In the event of conflict between provisions set forth in paragraph 2 of this contract and the terms and conditions of the Contractor's Project Grant Application, the provisions listed in paragraph 2 shall control. 5. In the event of conflict between provisions of this contract and the Contractor's Project Grant Application, the provisions of this contract shall control. - 2 - SA. COA will be notified in writing within one work week of any change in staff or any plan to change the approved staffing plan. 6. Copies of all documents set forth in paragraph 2, hereto are available for inspection at the office of AAA and the California Department of Aging Office located at 1020 19th Street, Sacramento, CA 95814. General Federal cost and operational regulations are specified in the Manual of Policies and Procedures for Planning, Coordination and Evaluation of Grants for Community Services by Area Agencies on Aging under Title III of the Older Americans Act, as amended. 7. The Contractor shall comply with all Department of Health and Human Services regulations promulgated pursuant to Title VI of the Civil Rights Act of 1964. 8. The Contractor agrees that the program shall employ no less than the number of employees to provide services specified in the proposal and supplement, and listed in the budget which is attached to this contract. 9. The term of this contract shall be from July 1, 1981 to July 30, 1982 , subject, however, to earlier termination as herein provided. 10. In consideration of the ongoing performance of the above in a manner considered satisfactory to the AAA, the AAA shall pay the contractor a total amount not to exceed 828,630 , which is derived solely from federal funds and which shall be spent in accordance with the budget which is part of the approved Project Grant Application as cited in paragraph 3 of this contract. A portion of the total contract shall be paid monthly in advance upon receipt and approval by AAA of a Request for Payment and Report of Expenditures Form. 11. Contractor shall: a. Procure and maintain Worker's Compensation Insurance as prescribed by the laws of the State of California. b. Provide any and all reports that may be required by the AAA in a workmanlike manner by the time requested. • - 2 - 5A. COA will be notified in writing within one work week of any change in staff or any plan to change the approved staffing plan. 6. Copies of all documents set forth in paragraph 2, hereto are available for inspection at the office of AAA and the California Department of Aging Office located at 1020 19th Street, Sacramento, CA 95814. General Federal cost and operational regulations are specified in the Manual of Policies and Procedures for Planning, Coordination and Evaluation of Grants for Community Services by Area Agencies on Aging under Title III of the Older Americans Act, as amended. 7. The Contractor shall comply with all Department of Health and Human Services regulations promulgated pursuant to Title VI of the Civil Rights Act of 1964. 8. The Contractor agrees that the program shall employ no less than the number of employees to provide services specified in the proposal and supplement, and listed in :the budget which is attached to this contract. 9. The term of this contract shall be from July 17 1981 to July 30, 1982 , subject, however, to earlier termination as herein provided. 10. In consideration of the ongoing performance of the above in a manner considered satisfactory to the AAA, the AAA shall pay the contractor a total amount not to exceed 8287630 , which is derived solely from federal funds and which shall be spent in accordance with the budget which is part of the approved Project Grant Application as cited in paragraph 3 of this contract. A portion of the total contract shall be paid monthly in advance upon receipt and approval by AAA'of a Request for Payment and Report of Expenditures Form. 11. Contractor shall: a. Procure and maintain Worker's Compensation Insurance as prescribed by the laws of the State of California. b. Provide any and all reports that may be required by the AAA in a workmanlike manner by the time requested. - 3 - c. Procure the necessary bonding insurance coverage to protect against loss or theft of funds involved in this project. d. Procure and maintain comprehensive bodily injury and property damage caused by automotive vehicles used in the project's service operations, with limits of $300,000 for injury or death of one person in any one accident; $500,000 for injury or death of two or more persons in any one accident; and $100,000 for property damage in any one accident. e. Furnish the AAA certificates of insurance to demonstrate that it has procured the required insurance. f. Furthermore, Contractor shall provide AAA with any necessary permission needed by the insurance carrier to notify AAA directly that such insurance coverage is cancelled or terminated or modified. 12. All records of Contractor bearing upon service operations in any site shall be maintained at such project site or at their head local office within the State of California and shall be made available to AAA upon request to meet the re- quirements of AAA, Dept. of Aging, or any other governmental entity. All such records shall be kept on file for 3 years after the end of the Federal fiscal year to which they pertain. The AAA Director or other representative and the auditors of the U.S. Department of Health and Human Services and the Calif- ornia Department of Aging shall be granted access to such records upon request. Contractor agrees that within forty five days after the project year, Contractor will provide AAA with an audit by a Certified Public Accountant. The State of California, upon request, shall have access to all such records for audit or reviews at a reasonable time and place. Authorized representatives of AAA, the California Department of Aging, and the U.S. Department of HHS (Formerly HEW) shall have the right to conduct on-site administrative reviews of the service operations. 13. Contractor shall be liable for all labor and any other direct expenses incurred in providing the above listed services and shall assume any and all respon- sibilities for loss or damage resulting from negligence or acts of omission and shall defend any suit alleging injury, sickness or disease arising out of the - 4 - provision of services. However, Contractor is obligated to promptly inform AAA in writing of any incident in which a claim for damages has been filed with Contractor arising from the performance of Contractor's services under this contract. 14. Contractor agrees to indemnify, defend and save harmless AAA and the State of California, their Officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, sub-contractors, material- men, laborers and any other person, firm, or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract and also from any and all claims and losses occuring or resulting to any persons, firm or corporation who may be injured or damaged by Contractor in the performance of this contract. 15. Contractor and the Agents and employees of Contractor in the performance of this agreement shall act in an independent capacity and not as officers, or employees or agents of the State of California, or AAA. 16. AAA or the State of California may terminate this contract and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, the State of California, or AAA may proceed with the work in any manner deemed proper by the State or AAA. The cost to the State and to AAA shall be deducted from any sum due to Contractor under this contract and the balance, if any, shall be paid to Contractor upon demand. 17. Contractor shall account for and maintain all funds received under terms of this contract separate from any other funds administered by Contractor. Contractor shall expend all funds in accordance with this contract. Contractor agrees that all expenditures made through subcontracts will be in keeping with the pro- posal and contract and that all expenditures will be supported with appropriate documentation. 18. Time is of the essence of this contract. - 4 - provision of services. However, Contractor is obligated to promptly inform AAA in writing of any incident in which a claim for damages has been filed with Contractor arising from the performance of Contractor's services under this contract. 14. Contractor agrees to indemnify, defend and save harmless AAA and the State of California, their Officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, sub-contractors, material- men, laborers and any other person, firm, or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract and also from any and all claims and losses occuring or resulting to any persons, firm or corporation who may be injured or damaged by Contractor in the performance of this contract. 15. Contractor and the Agents and employees of Contractor in the performance of this agreement shall act in an independent capacity and not as officers, or employees or agents of the State of California, or AAA. 16. AAA or the State of California may terminate this contract and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the. covenants herein contained at the time and in the manner herein provided. In the event of such termination, the State of California, or AAA may proceed with the work in any manner deemed proper by the State or AAA. The cost to the State and to AAA shall be deducted from any sum due to Contractor under this contract and the balance, if any, shall be paid to Contractor upon demand. • 17. Contractor shall account for and maintain all funds received under terms of this contract separate from any other funds administered by Contractor. Contractor shall expend all funds in accordance with this contract. Contractor agrees that all expenditures made through subcontracts will be in keeping with the pro- posal and contract and that all expenditures will be supported with appropriate documentation. 18. Time is of the essence of this contract. -5- 19. Any conflict between the provisions of this contract and the contract between AAA and the State of California Department of Aging will be resolved in favor of the latter contract. 20. AAA will have direct input on the termination or addition of any subcontract. 21. Contractor shall maintain complete and accurate books, records, reports and accounts related to Contractor's activities under this contract which shall be kept by Contractor throughout the life of this contract and for a period of three years' thereafter. All books, records, reports and accounts maintained pursuant to this contract, or related to Contractor's Activities under this contract shall be open to inspection and audit by AAA and/or by representatives of the State' and Federal governments upon demand at any reasonable time throughout the life of this contract and for a period of three years thereafter. 22. Contractor shall require his employees to comply with the provisions of Section 10850 of the Welfare and Institutions Code to assure that: A. All applications and records concerning any individual made or kept by any 'public officer or agency in connection with the administration of any pro- vision of the Welfare and Institutions Code relating to any form of public services for which grants-in-aid are received by the State of California from the United States government shall be confidential, and shall not be open to examination for any purpose not directly connected with the admin- istration of such public social service. B. No person shall publish or disclose or permit or cause to be published or disclosed aiiy list of persons receiving public social services, except as is provided by law. C. No person shall publish, disclose, or use or permit or cause to be published, disclosed or used any confidential information pertaining to an applicant or recipient, except as is provided by law. -6- Contractor shall inform all employees, agents and officers of the above provisions and that any person knowingly and intentionally violating sud" provisions is guilty of a misdemeanor. 23. This contract may be amended at any time by the parties by'mutual agreement in writing. 24. This contract constitutes the entire contract between Contractor and AAA with respect to the subject matter of this contract. There are no other or further written or oral understandings or agreements with respect to • this contract other than those expressly referred to herein. No variation or modification of this contract and no waivers of its provisions shall be valid unless in writing and signed by the duly authorized officers of AAA and Contractor. No assignment of this contract may be made, in whole or in part, without the written consent of AAA being first obtained, 25. Contractor agrees to coordinate its services with all other service agencies funded by AAA. 26. This contract shall be effective as the date set forth in paragraph 9 of this contract and shall be in force commencing on that effective date and shall end on the date which is also stated in paragraph 9 of this contract. This contract shall also continue in. effect during such additional period or periods as AAA and Contractor agree upon. However, either party may at any time during the life of this contract or any extension of this contract terminate this contract with respect to the provisions of the - services by giving sixty days notice in writing to the other party of its intention to do so. Furthermore, AAA may terminate this contract if the • terms and conditions thereof are not fully complied with by Contractor by giving 10 days notice in writing of its intention to do so. All notices to AAA shall be addressed to it at: 277 West Hedding Street, San Jose, California, 95110, and all notices to Contractor shall be addressed to Contractor at its principal address. Such notices shall be sent by -6- Contractor shall inform all employees , agents and officers of the above provisions and that any person knowingly and intentionally violating su:l't provisions is guilty of a misdemeanor. 23. This contract may be amended at any time by the parties by mutual agreement in writing. • 24. This contract constitutes the entire contract between Contractor and AAA with respect to the subject matter of this contract. There are no other or further written or oral understandings or agreements with respect to this contract other than those expressly referred to herein. No variation or modification of this contract and no waivers of its provisions shall be valid unless ifi writing and signed by the duly authorized officers of AAA and Contractor. No assignment of this contract may be made, in whole or in part, without the written consent of AAA being first obtained. 25. Contractor agrees to coordinate its services with all other service agencies funded by AAA. 26. This contract shall be effective as the date set forth in paragraph 9 of this contract'. and shall be in force commencing on that effective date and shall end on the date which is also stated in paragraph 9 of this contract. This contract shall also continue in effect during such additional period or periods as AAA and Contractor agree upon. However, either party may at any time during the life of this contract or any extension of this contract terminate this contract with respect to the provisions of the services by giving sixty days notice in writing to the other party of its intention to do so. Furthermore, AAA may terminate this contract if the terms and conditions thereof are not fully complied with by Contractor by giving 10 days notice in writing of its intention to do so. All notices to AAA shi=11 be addressed to it at: 277 West Hedding Street, San Jose, • California, 95110, and all notices to Contractor shall be addressed to • Contractor at its principal address. Such notices shall be sent by • -7- registered or certified mail and shall be mailed at least three (3) days prior to any contemplated action in reference to the clauses contained in this paragraph. Each party shall notify the other in writing of any change in their respective above addresses at least three (3) days in advance of the effective date of such change. 27. Contractor agrees to the following items: 1. Contractor will secure and maintain in force during the term of this grant a commercial fidelity bond in the penalty of either $10 ,000 or 20% of the total grant (whichever is larger) to protedt against misappropriation of funds. by any employee and volunteer officer of the agency. 2. Contractor will carry comprehensive general liability insurance to include also the use of owned and non-owned automobiles on the project. 3. Contractor will carry Worker's Compensation. 4. Contractor will provide Council on Aging with certificates of insurance to demonstrate that the required insurance has been procured. Each certificate shall indicate the name of the insurance company, the type of coverage, the policy number and its expiration date. It shall also indicate that there shall be no dilution of coverage during the term • Of the policy nor shall it be cancelled or non-renewed without 10. days prior written notice delivered to Council'on Aging's office at 277 West Hedding Street, San Jose, California, 95110. 5. Council on Aging must be named as an additional insured on the com- prehensive liability policy and Council on Aging's name must appear on the certificates referred to above. 6. Contractor will cooperate with the Council on Aging Grants Manager who will monitor and. evaluate the project. 7. Contractor will give credit to Council on Aging in its publicity for funding the project. 8. Contractor assures that if its insurance is cancelled, modified or becomes delinquent, Council on Aging will be notified. • -8- In g_In witness whereof the parties hereto have caused this contract to be signed by their duly authorized officers on this t 3 day of twi/ , 19 81 . FOR THE Council on Aging of FOR THE CITY OF CUPERTINO Santa Clara County, Inc. Executive Director City Manager Title Title -8- In witness whereof the parties hereto have caused this contract to be signed by their duly authorized officers on this c' day of \1/4:_ , , 19 81 • FOR THE Council on Aging of FOR THE CITY OF CUPERTINO Santa Clara County, Inc. Executive Director. City Manager Title - Title • -9- ADDENDUM A ADDENDUM TO CONTRACT BEATEN AREA AGENCY ON AGING AND SERVICE PROVIDER (CONTRACTOR) THIS ADDENDUM is entered into by and between the Council on Aging of Santa Clara County, Inc. (hereinafter designated as AAA) and CITY OF CUPERTINO (hereinafterna{ contractor) with reference to that ✓ certain contract dated the day of , 19 81 ' , with respect to services to be carried out by contra or in accordance with Title III of the Older Americans Act of 1965, as amended. RECITALS: I. Contractor shall provide AAA with any necessary permission needed by the insurance carrier to notify AAA directly thirty (30) days prior if such insurance coverage is cancelled, terminated or materially modified. II. Contractor agrees to indemnity, defend and save harmless AAA and the State of California, their Officers , agents and employees from any and all claims, losses and expenses (including all attorneys' fees, costs and expenses of litigation) accruing or resulting to any other person, firm, or corporation furnishing or ! supplying work, services, materials or supplies in connection with the performance of this contract and also from any and all claims and losses occurring or resulting to any person, firm or corporation who may be injured or damages by Contractor in the performance of this contract. III. Contractor shall comply with all applicable State and Federal laws and regulations relating to its performance under this contract and to the extent that said laws and regulations are in conflict with provisions of this contract, in addition to the terms of Paragraphs 4 and 7 of this contract, the laws and re- gulations shall prevail. IV. This contract shall be governed and construed in accordance with the laws of the State of California. • V. Contractor shall not enter into subcontracts for any of the work contem- plated under this contract without first obtaining written approval from AAA. Any subcontract entered into in violation of this provision shall be void. Contractor shall not terminate any previously AAA approved subcontract for work done under this contract without first giving written notice to AAA. -10- VI. No employee of the Contractor nor any member of any employee's immediate family shall vote or officially participate as a member, director or officer in a review or advisory board or committee or participate in any official position which, either by rule, practice or action, recommends or supervises development, pre- paration, administration or approval of this Contract. "Immediate family" includes husband, wife, father, mother, sister, brother, son, daughter, and in-law relationships to the same degree. VII. There are no further or collateral agreements save and except for this Addendum and the contract, and no waiver or modification of the contract exists except to the extent set forth herein. Dated , 19 81 COUNCIL /AGING OF SANTA CLARA COUNTY, INC. CITY OF CUPERTINO Pat-44,0 Executive Director City Manager • TITLE TITLE -10- VI. No employee of the Contractor nor any member of any employee's immediate family shall vote or officially participate as a member, director or officer in a • review or advisory board or committee or participate in any official position which, either by rule, practice or action, recommends or supervises development, pre- paration, administration or approval of this Contract. "Immediate family" includes husband, wife, father, mother, sister, brother, son, daughter, and in-law relationships to the same degree. VII. There are no further or collateral agreements save and except for this Addendum and the contract, and no waiver or modification of the contract exists except to the extent set forth herein. Dated // /,R:t% o-v' , 19 81 COUNCIL QN'AGING OF SANTA CLARA COUNTY, INC. CITY OF CUPERTINO Pot-e-c—oko Executive Director _ City Manager TITLE TITLE COUNCIL ON AGING of Santa Clara County, Inc. 277 WEST HEDDING ST., SAN JOSE, CALIF. 95110 (408) 28/ 7111 May 19, 1980 BOARD of DIRECTORS OFFICERS PRESIDENT Ed O'Rourke Mr. Robert W. Quinlan, City Manager FIRST VICE PRESIDENT City of Cupertino Bill Baird 10300 Torre Ave. SECOND VICE PRESIDENT Dolores Cannon Cupertino, CA 95014 . TREASURER Angel Ventura Dear Mr. Quinlan: SECRETARY C.W.Masonheimer ASST.SECRETARY We are pleased to inform you that on this date the Barbara Batnick Board of Directors of the Council on Aging approved DIRECTORS a Focal Point grant in the amount of $30,408 for Ernie Abeytia your agency. _ Manuel Ares Barbara Benevento To satisfy some recent Federal and State requirements, Dwight M. Bissell,M.D. George Brown the total grant has been separated into two separate Mary Charles grants. One grant for 4 months (June 1, 1980 to Sept— Dorothy Davie ember 30, 1980) is for $17,358.65 and the second grant Elaine Dempsey for 9 months (October 1, 1980 to June 30, 1981) for Malatino Fags Marie Flemming $13,049.35. Jeri Foley Olive Fritz Grace D.Gan We are forwarding 4 copies of each COA contract for Phillip Gonzalez review and authorized signature. Please note that DorothyGowen your signature is required on pages 8 and 10. After Frank Frank Handzlik Mildred Hanna signing, please return 3 copies for our files and re— Borg Haugen tain 1 copy for your files. Shortly after receipt of Judson Ingram the 3 signed copies, the COA Grants Manager will Gertrude Knott p 9 Vic Lazzaro contact your Project Director to assure a smooth John Lydon start—up. LaMore Lynch Rena Modell Betty Moon Thank you for your service to the elderly and I shall Maria Nascimanto look forward to working with you in the months ahead. J.W.Puttee Irma Reese, Rolland Regnery Cordially, Irene J.Rows Robert Rowland / // /� Ramona M.Sarinana � Martin Spent � , /// Diana Steeples Richard W. Fisher Pat Steward Executive Director S.Torn Takete,PhD Dorothy Tash Ann Washington Roberta Yee, RWF/mg EXECUTIVE DIRECTOR Richard W. Fisher v,� A United Way Agency C ami• • CONTRACT BETWEEN AREA AGENCY ON AGING AND SERVICE PROVIDER (CONTRACTOR) This Contract is made this .7 day of , 1960!': by and between the Council on Palm of Santa If'- / ty; having its office • at 277 W. Hedding. Streets City of San Jose, California,- 95110, hereinafter.designated as AAA, and . the City of Cupertino- hereinafter upertinohereinafter designated as :Contractor. '1 u In consideration of the mutual promises and covenants contained herein, Contractor.-: and AAA agree as follows:. I - 1. Contractor's obligations under this Contract, shall be supervised. and directed by the City of Cupertino ' at the following project site: 10300 Torre Ave. Cupertino, CA 95014 • 2. This service or these services shall be carried.out by Contractor in accordance with Title III of the Older Americans Act of 1965, as amended, the program'cost and operational regulations and directives thereto, Federal and State laws,, and the State Manual of Policies and Procedures: Standards for Individual Project Operations, all of which are or may be operative during the terms of this contract. Also included are the COA Policy Statements, grant guidelines, award letter and general proposal requirements. 3. Contractor agrees to conduct and perform, throughout the term of this contract, • the project as set forth in Contractor's Project Grant Application Form, which application is attached to this contract and marked Eishibit A. .4. In the event of conflict between provisions set forth in paragraph 2 of this ' ' contract and the terms and conditions of the Contractor's Project Grant Application, the provisions listed in paragraph 2 shall control. - = . • , 5. In the event of conflict between provisions of this contract and the Contractor's Project Grant Application, the provisions of this contract shall control. •• • • . . 1 . _2_ 5A. COA will be notified in writing within one work week of any change in staff or ' • any plan to change the approved staffing plan. .- 6. Copies of all documents set forth in, paragraph• 2, hereto are available for „,i inspection at the office of AAA and the (a>ifornia.Department of Aging Office_;: located at 918 J Street, Sacramento, CA 95814. General Federal cost'.and'operational regulations are specified in the Manual of Policies and Procedures for Planning, Coordination and Evaluation of Grants for Community- Services by Area Agencies on Aging under Title III of the Older Americans Act, as amended. ' ' 7. The Contractor shall comply with all Department of Health, Education and Wel_, • fare regulations promulgated pursuant to Title VI of the Civil Rights. Act.of. 64. .=; . 8. The Contractor agrees that the program shall employ no less thantithe• number- of • employees to provide services specified in the proposal and supplement, and . ' listed in the budget which is attached to this contract. .Y.fn • 9. The term of this contract shall be from June 1, 1980 to Septe Ober 30, 1980 ) •• sub}ect, however, to earlier termination as herein provided. my • 10. In consideration of the ongoing performance of tha above in a manner considered satisfactory to the APA, the APA shall pay the contractor a total amount not to exceed $17.358.65 , which is ,derived solely from federal funds and which shall be spent in accordance with the budget whichis part of the approved Project Grant Application as cited in paragraph 3 of_this contract. A portion 6f the total contract 'shalibe paid monthly in advance upon receipt and approval by AAA of a Request for Payment and Report of Expenditures Form. li 11. Contractor shall: a. Procure and maintain Worker's Compensation Insurance as prescribed by the laws of the State of California. • b. Provide any and all reports that may be required by the AAA in a workmanlike - manner by the time requested. • • -3- • c. Procure the necessary bonding insurance,coverage to protect against.Tossgor theft of funds involved in this project. d. Procure and maintain comprehensive bodily iryur y and property damage•:.caesed' by automotive vehicles used in the project's service operations, with 'limits of $300,000 for injury or death of one person in any one accident $,500,200 ° . for injury or death of two or more persons-in-any ,one :accidenty•and -$lQQj000 for property :dam ge'in any one accident. e. Furnish 'the-AAA certificates of insurance to-demonstrate that it has. i \ procured the required insurance. F 'f. Furthermore, Contractor shall provide AAA with'any necessary permission,::,.- • needed by the insurance carrier to notify AAA directly that such insu aria:: coverage is cancelled or terminated or modified. •.i 12. All records of Contractor bearing upon service ' operations in any. site-shall-be - maintained at such project site or at their head local office,within the.+State.: f . of California and shall be made available to AAA upon.request to meet the„re quirements of AAA, Dept. of Aging, Or any other governmental entity. , All such records diall be kept on file for 3 years after the end of the Federal fiscal year to which they pertain. The AAA Director or other representative,. and the . ' auditors of the'U.S. Department of Health, Education and Welfare and the Calif, ornia Department of Aging shall be granted access to such records upon request. Contractor agrees that withih forty five days after the project year, Contractor _ • ' fi will provide AAA with an audit by a Certified Public Accountant. The State . . of California, upon request, shall have access to all such records .for audit or reviews at a reasonable time and place. Authorized representatives of AAA, the • ' California Department'of Aging, and the U.S. Department HEW shall.have theiright to conduct on-site administrative reviews of the service operations. - 13. Contractor shall be liable for'all labor and any other direct expenses incurred , • in providing 'the above listed services and shall ,assume- any and all respon- sibilities for loss or damage resulting from negligence or acts of omission-and shall defend any suit alleging injury, sickness or disease arising out of the provision'of services. However, Contractor .is obligated,to promptly inform AAA in writing of any incident in which a claim for damages has. been filed with Contractor arising from the performance of Contractor's services under this: . contract. • 14: Contractor agrees to indemnify, defend and save harmless AAA and the State California, their Officers, agents and employees from any and all claims. and . losses accruing or resulting to any and all contractors, sub-contractors, material- men, laborers and any other person, firm, or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract and also from any and all claims and losses occuring or resultingfto any persons, firm or corporation who may be injured,or, damaged by .Contractor in the perforinance of this contract. - ;:: 15. Contractor and the Agents and employees of, Contractor.,in.,the performance 4-:: ;, this agreement shall :actin an independent capacity, and not:as officers, ,.ory employees or 'agents of the State of California, or. AAA. 16. AAA or the State of California may terminate this contract and be relieved;.of, the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, the State of California, or AAA may proceed with the work in 'any manner deemed proper by the State or APA. The cost to the State . • and to AAA shall be deducted from any sum due to Contractor under this contract and the balance, if any, shall be paid to Contractor upon demand. -17. Contractor shall account for- and-maintain all funds received under terms of this contract separate from any other funds administered by Contractor. Contractor shall expend all funds in accordance with this contract. Contractor agrees . that all expenditures made through subcontracts will be in keeping with the pro- posal and contract and that all expenditures will- be supported with appropriate . documentation. 18. . Time is of the essence of this contract. • r -5 • - 19. Any conflict between the provisions of this contract and the •contract between AAA and the State of California Department of Aging will be resolved in 'favor of the latter contract. 20. AAA will have direct input on the termination or addition of any subcontract:. < ' 21. Contractor shall maintain complete and accurate books, records, reports-and L. accounts related to Contractor's activities under this contract which shall be • kept by Contractor throughout the life of this contract and for a period of • three years thereafter. - All books, records, reports and accounts maintained pursuant to this contract;• ' or related to Contractor's Activities under this contract shall be'open'to' inspection and audit by AAA and/or by representatives-of the State and Federal . governments upon demand at any reasonable time throughout the life of this`" contract and for a period of three years thereafter. ' , , 22. Contractor shall require his employees to comply with the provisions of - Section 10850 of the Welfare and, Institutions Code to assure that: A. All applications and records concerning any individual made or kept by any • public officer or agency in connection with the administration of any pro- vision of the Welfare and Institutions Code relating to any form of public services for which grants-in-aid are received by the State of California from the United States government shall be confidential, and shall not be open to examination for any purpose not directly connected with the admin- istration of such public social service. _. B. No person shall publish or disclose or permit or cause to be published v or disclosed any list of persons receiving public social services , except ' as is provided by lata. C. No person shall publish, disclose, or Use or permit or cause to be published, • disclosed or used any confidential information pertaining to an applicant or recipient, except as is provided by law. . • i y • "- Contractor shall inform all employees, agents and. officers of the above ' provisions and that any person knowingly and intentionally violating suckt . provisions is guilty of a misdemeanor. 23. This contract may be amended at any time by the parties by mutual agreement in writing. 24. • This contract constitutes the entire contract between Contractor and AAA - with respect to the subject matter bf this contract. There are no other e„ or further written or oral understandings or agreements with respect to this contract other than those expressly referred to herein. No variation • or modification of this contract and no waivers of its provisions .shall be valid unless in writing and signed by the duly authorized officers of AAA- . and Contractor. No assignment of this contract may be made, in wholeior • in part, without the written consent of AAA being first obtained. • • 25. Contractor agrees to coordinate its services with ail other service• . t agencies funded by AAA. 26. This contractshall be effective as the date set forth. in,.paragraph 9 of this contract and shall be in .force commencing on that effective date • • and shall end' on the date which is also stated in paragraph 9 of this contract. This contract shall also continue in effect during such additional period or periods as APA and Contractor agree upon. However, either party may at any time during the life of this contract or any extension of this contract terminate this contract with respect to the provisions of the services by giving sixty days notice in writing to the other party of its ti intention to do so. Furthermore, AAA may terminate this contract if the terms and conditions thereof are not fully complied with by Contractor . I by giving 10 days notice in writing of its intention to do so. All fledged to AAA shall be addressed to it at: 277 West Hedding Street, San Jose, California, 95110, and all notices tb .Contractor shall be addressed to • , Contractor at its principal address. Such notices shall be sent by • 1 -7- registered or certified mail and shall be mailed at least three (3) ,days' , • prior to any contemplated action in reference to the clauses contained, in ,' this paragraph. . Each party shall notify the other in writing of any change 9 in their respective above addresses at least three (3) days in advance of ' the effective date of such change_ _ 27. Contractor agrees to'the following items: 1. Contractor will secure and maintain in force during the'term of thist: granta commercial cial fidelity bond in the penalty of either $10,000 or 20% of the total grant (whichever is larger) to protect against misappropriation of funds by any employee and volunteer officer,'of :: v• the agency. - _ -, - ;:j; , - 2. Contradtor will carry comprehensive general liability insurance to - include also the use of owned and non-owned automobiles on the, pxoject,. , • 3. Contractor will carry Worker's Compensation. -1/Tar 4. Contractor will provide Council on Aging with certificates of insurance to demonstrate that the required insurance has been procured. Each - .. 14, 1 certificate shall indicate the name of the insurance company, the type .. of coverage, the policy number and its expiration date. It shall also "• indicate that there shall be no dilution of coverage during the term Of the policy nor shall it be cancelled or non-renewed without 10 days . prior written notice delivered to Council on Aging's office at 277 West t I Redding Street, San Jose, California, 95110. 5. Council on Aging must be named as an additional insured on the com- prehensive liability policy and Council on Aging's name must appear • on the certificates referred to above. 6. Contractor will cooperate with the Council on Aging Grants Manager 1 who will monitor and evaluate the project. ; i• 7. Contractor will give credit to Council on Aging in its publicity for funding the project. 6. Contractor assures that if its insurance is cancelled, modified or becomes delinquent,, Council on Aging will be notified. . e _8_ In witness whereof the parties hereto have caused this contract to be signed by their duly authorized officers on this —7 day of ' 4A6 , 19 80 . . 11 . , Hi . FOR THE Council on Aging of FOR THE City of Cupertino Santa Clara County, Inc. • ' e //7 / 7 ; F ,,,,,,,,,k, J,„__...„ , (c), Executive Director TitleTitle 1 . A J ' I - v -9- ADDENDUM A - - ADDENDUM TO-CONTRACT BETWEEN AREA AGENCY ON AGING AND SERVICEPROVIDER (CONTRACTOR) : .' - • THIS ADDENDUM is entered into by and between'the Council on Aging of Santa: '. ' Clara County, Inc. (hereinafter designated as AAA)' and 'the City of .c-/jiL t" `` :-1 " i t Cupertino ' (hereinafter contract.r) with`treference to that /; - certain contract dated the - day of /!�J • - _ , 19 80 -•,•, with/,•.: respect to services to be carried out by con'.—ctorfn accordance with Title,III,[s of the Older Americans Act of 1965, as amended. RECITALS: • ' I. Contractor shall provide AAA with any necessary permission-needed by,,,the ,i ' ' insurance carrier to notify AAA directly thirty (30) days prior if such insurance coverage is cancelled; terminated or materially modified. ' •- II. Contractor agrees to indemnity, defend and save harmless AAA,and the -State of California, their Officers; agents and employees from any and all $1aimsi losses and expenses (including all attorneys' fees, costs and expenses of;,litigaaon) ; accruing or resulting to any other person, firm, or corporation furrushing,orl t) t: supplying work, services, materials or supplies in connection with the performance ••r, of this contract and also from any and all claims and losses occurring or resulting to any person, firm or corporation who may be injured or damages by,Contractor in " the performance of this contract. ' ' .� - ; III. Contractor shall comply with all applicable State and Federal laws and • '- regulations relating to 'its performance under this contract and to the exterit• that said laws and regulations-are in conflict with provisions of this contract, in addition to the terms of Paragraphs 4 and 7•of this contract, the laws and re- • 'gulations shall prevail. IV. This contract shall be governed and construed in-accordance with the -laws- -- -- of the State of California. • V. Contractor shall not enter into subcontracts for any of the work contemn -plated under this contract without first obtaining written approval from AAA. I Any subcontract entered into in violation of this provision shall be void. Contractor shall not terminate any previously AAA approved subcontract for work done under, this contract without first giving smitten notice to APA. • • • . . . , . -. , . t , / , , . • • • . . .. ... - . . 1 ' ' • i • -10- • . . . , ., , , , . . - . . . . . . •:- •.• . . _ VI. No employee of,the Contractor nor any rrember of any employee's immediate , : . / - • .- . . , .. family shall vote or officially participate as a member, directOr Or officer1 in a review or advisory board or committee or participate in any, officiallogsitiog:whidh, :. . • ... 4 either by rule, ipractice.or action, recommends or supervises development,...prem-, •';•-•• • ••. c.:::,; :. . paration, administration or approval of this Contract. "Irmiediate family" ....1,.(k•;.,..; •••• , _ ,.. includes husband, wife, father, mother, sister, brother, son,' daughter.,:;*d t.TI-law , relationships to the same degree. • , -.-.. VII. There are no further or collateral agLeements save, and except for thi,s - ' • . .: Addendum and the contract, and no waiver or modification of the contract exist ,,, ,. .. .. . ,-, ., except to the extent set forth herein. . . . . I . . - ••,:-,....--c •• •.)1,• '''••?:. -'. ' '• .. ' Dated _ais/ , 19C80 `1 '•;'::.:t,',...- ''''''' '' "'" . '' ' ,COUNCIL Of ING t SANTA CLAM copbrry, IN CITY OF CUPEKCINO "4 "_•:,--rt!., '.- ..---....•.,„. , . _'• .",, : •. , . • :1, •,,,,-..,:-...,.::::;.r.,..... •:,":,1,4".-?.. 1 / (9 .3f;;`t '" ' ••,;‘,• di /, 44,10101r i f, /71 ii••'••• 4 r -- r ' • . i •- EXECUTIVE DIRECTOR . TITLE TITLE ' .---. • • ' -.. . . ...,.. . . , . . . A -.. - : • 4 . 1 . . - • . . . 1.. • , . . • . . .. . • . , . . -.- . . - , • .- ...--,._ ........... . „. . . . . . . . . i • . . . . . • , . . .., : . . . 1 - . • - . . . . . t: • , ., •v: $:751.... ; . • • , , .. . I. . .• . . i . , . • I I . .% " _ ‘ • , . • - . . . i % . . . . . 1 . I . . • COUNCIL ON AGING of Santa Clara County, Inc. 277 WEST HEDDING ST., SAN JOSE, CALIF. 95110 (408) 287-7111 June 23, 1981 \O Wi c) tr<c% -‘7% Mr. Robert W. Ruinlan, City Manager c0 �`2) ed City of Cupertino J� N 10300 TorreAvenue Cupertinoo,, CA 955 014 9101 Dear Mr. auinlan: We are pleased to inform you that the Board of Directors of the Council on Aging has approved a Focal Point grant for the amount of $28,630 for the Cupertino Senior Center project covering the period of July 1 , 1981 to June 30, 1982. Continuation of the grant past the specified date is, of course, subject to annual review. Four (4) copies of the contract are enclosed for your review and approval. Please note your signature is required on pages 8 and 10; after signing, please return 3 copies for our files and retain one (1) copy for your file. Shortly after receipt of the 3 signed copies, the CDA Grants Manager will contact your Project Director to assure a smooth start-up. We feel the project has had a significant impact on the Cupertino seniors and I wish to express my appreciation for your interest in serving the elderly. Cordially, C :k____1(.._ CIZ:1-___- ,-*.--1---- c REX C. PAINTER Executive Director Enols. Contract RCP:amc 7a con of-e i 4- cot f- A United Way Agency t y PLANNING, COORDINATION,AND ADVOCACY FOR SENIOR CITIZENS \/, ,J RESOLUTION NO . 5644 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING CUPERTINO SENIOR CENTER TO • APPLY FOR $ 15 , 670 FOR A CASE MANAGER AND $12 , 960 FOR A DAY CARE CENTER PROGRAM . THE TOTAL AMOUNT. OF $28 , 630 TO BE GRANTED THROUGH TITLE III B OF THE OLDER AMERICANS ACT AND AUTHORIZING THE CITY MANAGER OF. THE CITY OF CUPERTINO TO EXECUTE AND ADMINISTER THE CONTRACT AND ALL AMENDMENTS THERE- ' TO UPON APPROVAL OF THE APPLICATION BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY : a . Approves the filing of an application for a Case Manager and Day Care Center through Title III B of the Older Americans Act ; and b . Appoints the City Manager of the City of Cupertino to execute, and administer the contract and all amendments thereto upon approval of the application . PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this icr day of Tune . 1981 , by the following vote : Vote Members of the City Council AYES : Gatto, Johnson, Plungy, Rogers, Sparks NOES : None •• ABSENT : None ABSTAIN : None • APPROVED : . /s/ Reed Sparks Mayor , City of Cupertino ATTEST : /s/ Dorothy Cornelius. City Clerk D, ;,titin Gr-pi- (.4_4,r . s `/3 a 9. 33r` /0///80 - 6/. ,g/a) CONTRACT BELtQEEN AREA AGENCY ON AGING AND SERVICE PROVIDER (CONTRACTOR) This Contract is made this 7 day of /!, , lgAn ; by and between the Council on Aging of Santa Cl-(Co// , Inc. _ having its office at 277 W. Hedding SLiee; City of San Jose, California, 95110, hereinafter designated as AAA, and the City of Cupertino hereinafter designated as Contractor. In consideration of the mutual promises and covenants contained herein, Contractor and AAA agLee as follows : • 1. Contractor's obligations under this Contract, shall be supervised and directed by the City of Cupertino at the following project site: 10300 Torre Ave. Cupertino, CA 95014 2.. This service or these services shall be carried out by Contractor in accordance with Title III of the Older Americans Act of 1965, as amended, the program cost and operational regulations and directives thereto, Federal and State laws, and the State Manual of Policies and .Procedures: Standards for Individual Project Operations, all of which are or may be operative, during the terms of this contract. Also included are the COA Policy Statements, grant guidelines , award letter and general proposal requirements. 3. Contractor agrees to conduct and perform, throughout the term of this contract, _ the project as set forth in Contractor's Project Grant Application Form, which application is attached to this contract and marked Exhibit A. 4. In the event of conflict between provisions set forth in paragraph 2 of this contract and the terms and conditions of the Contractor's Project Grant Application, the provisions listed in paragraph 2 shall control. 5. Irl the event of conflict between provisions of this contract and the Contractor's Project Grant Application, the provisions of this contract shall control. r -2- 5A. COA will be notified in writing within one work week of any change in staff or any plan to change the approved staffing plan. 6. Copies of all documents set forth in,paragraph 2, hereto are available for inspection at the office of AAA and the California Department of Aging Office located at 918 J SLIeet, Sacramento, CA 95814. General Federal cost and operational regulations are specified in the Manual of Policies and Piucedures for Planning, Coordination and Evaluation of Grants for Community Services by Area Agencies on Aging under Title III of the Older Americans Act, as amended. 7. The Contractor shall comply with all Department of Health, Education and Wel- fare regulations: promulgated pursuant to Title VI of the Civil Rights Act of 1964. 4 8. The Contractor agrees that the program shall employ no less than the number of employees to provide services specified in the proposal and supplement, and listed in the budget which is attached to this contract. 9. The term of this contract shall be from October 1. 1980 to June 30:. 1981 subject, however, to earlier termination as herein provided. 10. In consideration of the ongoing performance of tha above in a manner considered satisfactory to the AAA, the AAA shall pay the contractor a total amount not to exceed, $13,049.35 , which is derived solely from federal funds and which shall be spent in accordance with the budget which is part of the approved Project Grant Application as cited in paragraph 3 of this contract. A portion of the total contract shall be paid monthly in advance upon receipt and approval by AAA of a Request for.Payment and Report of Expenditures Form. 11. Contractor shall: a. Procure and maintain Worker's Compensation Insurance as-prescribed by the laws of the State of California. b. Provide any and all reports that may be required by the AAA in a workmanlike manner by the time requested. J J -3- c. Procure the necessary bonding insurance coverage to protect against loss or theft of funds involved in this project. d. Procure and maintain comprehensive bodily injury and property damage caused by automotive vehicles used in the project's service operations, with limits of $300,000 for injury or death of one person in any one accident; $500,000 for injury or death of two or more persons in any.one accident; and $100,000 for property damage in any one accident. e. Furnish the AAA certificates of insurance to demonstrate that it has procured the required insurance. f. FYrthermore, Contractor shall provide AAA with any necessary permission needed by the insurance carrier to notify AAA directly that such insurance coverage is cancelled or .terminated or modified. 12. All records of Contractor bearing upon service ' operations in any site shall be maintained at such project site or at their head local office within the State of California and shall be made available to AAA upon request to meet the re- quirements of AAA, Dept. of Aging., or any other governmental entity. All such records shall be kept on file for 3 years after the end of the Federal fiscal year to which they pertain. The AAA Director or other representative, and the auditors of the U.S. Department of Health, Education and Welfare and the Calif- ornia Department of Aging shall be granted access to such records upon request. Contractor agrees that within forty five days after the project year, Contractor will provide AAA with an audit by a Certified Public Accountant. The State of California, upon request, shall have access to all such records for audit or reviews at a reasonable tithe and place. Authorized representatives of AAA, the California Department of Aging, and the U.S. Department HEW shall have the right to conduct on-site administrative reviews of the service operations. 13. Contractor shall be liable for all labor and any•other direct expenses incurred in providing the above listed services and shall assume any and all respon- sibilities for loss or damage resulting from negligence or acts of omission and shall defend any suit alleging injury, sickness or disease arising out of the -4- provision of services. However, Contractor is obligated to promptly infoun AAA in writing of any incident in which a claim for damages has been filed with Contractor arising from the performance of Contractor's services under this contract. 14. Contractor agrees to indemnify, defend and save harmless AAA and the State of California, their Officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, sub-contractors, material- men, laborers and any other person, firm, or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract and also from any and all claims and losses occuring or resulting to any persons, firm or corporation who may be injured or damaged by Contractor in the perforfnance of this contract. 15. Contractor and the Agents and employees of Contractor in the performance of this agreement shall act in an independent capacity and not as officers , or employees or agents of the State of California, or AAA. 16. AAA or the State of California may terminate this contract and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, the State of California, or AAA may proceed with the work in any manner deemed proper by the State or APA. The cost to the State and to AAA shall be deducted from any sum due to Contractor under this contract and the balance, if any, shall be paid to Contractor upon demand. • 17. Contractor shall account for and maintain all funds received under terms of this contract separate from any other funds administered by Contractor. Contractor shall expend all funds in accordance with this contract. Contractor agrees that all expenditures made through subcontracts will be in keeping with the pro- posal and contract and that all expenditures will be supported with appropriate documentation. 18. Time is of the essence of this contract. _ -5- 19. Any conflict between the provisions of this contract arid the contract between AAA and the State of California Department of Aging will be resolved in favor of the latter contract. 20. AAA will have direct .input on the termination or addition of any'subcontract. 21. Contractor shall maintain complete and accurate books, records , reports and accounts related to Contractor's activities under this contract which shall be kept by Contractor throughout the life of this contract and for a period of three years thereafter. All books, records, reports and accounts maintained pursuant to this. contract, or related to Contractor's Activities under this contract shall be open to inspection and audit by AAA and/or by representatives of the State and Federal governments upon demand at any reasonable time throughout the life of this contract and for a period of three years thereafter. 22. Contractor shall require his employees to comply with the provisions of Section 10850 of the Welfare and Institutions Code to assure that: A. All applications and records concerning any individual made or kept by any :public officer or agency in connection with the administration of any pro- vision of the Welfare and Institutions Code relating to any form of public services for which grants-in-aid are received by the State of California from the United States government shall be confidential, and shall not be open to examination for any purpose not directly connected with the admin- istration of such public social service. B. No person shall publish or disclose or permit or cause to be published or disclosed any list of persons receiving public social services, except as is provided by law. C. No person shall publish, disclose, or use or permit or cause to be published, disclosed or used any confidential information pertaining to an applicant or recipient, except as is provided by law. _g_ Contractor shall inform all employees, agents and officers of the above provisions and that any person knowingly and intentionally violating such' provisions is guilty of a misdemeanor. 23. This contract may be amended at any time by the parties by mutual agreement in writing. 24. This contract constitutes the entire contract between Contractor and AAA with respect to the subject matter of this contract. There are no other or further written or oral understandings or agLeements with respect to • this contract other than those expressly referred to herein. No variation or modification of this contract and no waivers of its provisions shall be valid unless in writing and signed by the duly authorized officers of AAA and Contractor. No assignment of this contract may be made, in whole or in part, without the written consent of AAA being first obtained. 25. Contractor agrees to coordinate its services with all other service agencies funded by AAA. 26. This contract shall be effective as the date set forth in paragraph 9 of this contract andshall be in force commencing on that effective date and shall end on the date which is also stated in paragraph 9 of this contract. This contract shall also continue in effect during such additional period or periods as AAA and Contractor agree upon. However, either party may at any time during the life of this contract or any extension of this contract terminate this contract with respect to the provisions of the services by giving sixty days notice in writing to the other party of its intention to do so. Furthermore, AAA may terminate this contract if the terms and conditions thereof are not fully complied with by Contractor by giving 10 days notice in writing of its intention to do so. All notices to AAA shall be addressed to it at: 277 West Redding Street, San Jose, California, 95110, and all notices to Contractor shall be addressed to Contractor at its principal address. Such notices shall be sent by -7- registered or certified mail and shall be mailed at least three (3) days prior to any contemplated action in reference to the clauses contained in this paragraph. Each party shall notify the other in writing of any change in their respective above addresses at least three (3) days in advance of the effective date of such change. 27. Contractor agrees to the following items : 1. Contractor will secure and maintain in force during the term of this grant a commercial fidelity bond in the penalty of either $10,000 or 20% of the total grant (whichever is larger) to protect against misappropriation of funds by any employee and volunteer officer of the agency. 2. Contractor will carry comprehensive general liability insurance to include also the use of owned and non-owned automobiles on the project. 3. Contractor will carry Worker's Compensation. 4. Contractor will provide Council on Aging with certificates of insurance to demonstrate that the required insurance has been procured. Each certificate shall indicate the name of the insurance company, the type of coverage, the policy number and its expiration date. It shall also indicate that there shall be no dilution of coverage during the term Of the policy nor shall it be cancelled or non-renewed without 10 days prior written notice delivered to Council on Aging's office at 277 West Hedding SLLeet, San Jose, California, 95110. 5. Council on Aging must be named as an additional insured on the com- prehensive liability policy and Council on Aging's name must appear on the certificates referred to above. 6. Contractor will cooperate with the Council on Aging Grants Manager who will monitor and. evaluate the project. 7. Contractor will give credit to Council on Aging in its publicity for funding the project. 8. Contractor assures that if its insurance is cancelled, modified or becomes delinquent, Council on Aging will be notified. _8_ In witness. whereof the parties hereto have caused this contract to be signed by their duly authorized officers on this 7 day of ,, , 19 80 FOR THE Council on Aging of FOR THE City of Cupertino Santa Clara County, Inc. //tile / Executive Director T -G-0/110-1' Title Title .V _9- ADDENDUM A ADDENDUM TO CONTRACT BETWEEN AREA AGENCY ON AGING AND SERVICE PROVIDER (CONTRACTOR) THIS ADDENDUM is entered into by and between the Council on Aging of Santa Clara County, Inc. (hereinafter designated as AAA) and the City'of ' Cupertino (hereinafter contractor) with reference to that certain contract dated the 7 day of ,,, Z , 1980 , with respect to services to be carried out by con .Or accordance with Title III • of the Older Americans Act of 1965, as amended. RECITALS: I. Contractor shall provide AAA with any necessary permission needed by the insurance carrier to notify AAA directly thirty (30) days prior if such insurance coverage is cancelled, terminated or materially modified. II. Contractor agLees to indemnity, defend and save harmless AAA and the State , of California, their Officers , agents and employees from any and'all claims, losses and expenses (including all attorneys' fees, costs and expenses of litigation) accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract and also from any and all claims and losses occurring or resulting to any person, firm or corporation who may be injured or damages by Contractor in the performance Of this contract. III. Contractor shall comply with all applicable State and Federal laws and regulations relating to its performance under this contract and to the extent that said laws and regulations are in conflict with provisions of this contract, in addition to the terms of Paragraphs 4 and 7 of this contract, the laws and re- gulations shall prevail. IV. This contract shall be governed and construed in accordance with the laws of the State of California. • V. Contractor shall not enter into subcontracts for any of the work contem- • plated under this contract without first obtaining written approval from AAA. Any subcontract entered into in violation of this provision shall be void. Contractor .shall not terminate any previously AAA approved subcontract 'for work done under this contract without first giving written notice to AAA. -10- M 1 VI. No employee of the Contractor nor any member of any employee's iMmed ate family shall vote or officially participate as a member, director or officer in a review or advisory board or committee or participate in any official position which, ' either by rule, practice or action, recommends or supervises development, pre- paration, administration or approval of this Contract. "Immediate family" includes husband, wife, father, mother, sister, brother, son, daughter, and in-law relationships to the same degree. VII. There are no further or collateral agreements save and except for this Addendum and the contract, and no waiver or modification of the contract exists except to the extent set forth herein. Dated I / 7 , 19 80 COUNCIL ON 7,y,,Gip SANTA CLARA CO , INC. CITY OF CUPERTINO Affie// / 40 IF it -t5L}Li&st--Lia _ EXECUTIVE DIRECTOR TITLE TITLE • CONTRACT BETWEEN AREA AGENCY ON AGING AND SERVICE=PROVIDER (CONTRACTOR) This Contract is made this US -- day of %'"li , 1981 _ by and between the Council on Aging of Santa Clara County, Inc. , having its office at 277 W. Redding Street, City of San Jose, California, 95110, hereinafter designated as AAA, and CITY OF CUPERTINO hereinafter designated as Contractor. In consideration of the mutual promises and covenants contained herein, Contractor and AAA agree as follows: 1. Contractor's obligations under this Contract, shall be supervised and directed by the CITY OF CUPERTINO at the following project site: 10300 Torre Avenue Cupertino, CA 95015 2. This service- or these services shall be carried out by Contractor in accordance with Title IEI of the Older Americans Act of 1965, as amended, the program cost and operational regulations and directives thereto, Federal and State laws, and the State Manual of Policies and Procedures: Standards for Individual Project Operations, all of which are or may be operative during the terms of this contract. Also included are the COA Policy Statements, grant guidelines, award letter and general proposal requirements. • 3. Contractor agrees to conduct and perform, throughout the term of this contract, the project as set forth in Contractor's Project Grant Application Form, which application is attached to this. contract and marked Exhibit A. 4. In the 'event of conflict between provisions set forth in paragraph 2 of this contract and the terms and conditions of the Contractor's Project Grant Application, the provisions listed in .paragraph 2 shall control. 5. In the event of conflict between provisions of this contract and the Contractor's Project Grant Application, the provisions of this contract shall control. _ __ _ - z 5A. COA will be notified in writing within one work week of any change in staff or any plan to change the approved staffing plan. 6. Copies of all documents set forth in paragraph 2, hereto are available for inspection at the office of AAA and the California Department of Aging Office located at 1020 19th Street, Sacramento, CA 95814. General Federal cost and operational. regulations are specified in the Manual of Policies and Procedures for Planning, Coordination and Evaluation of Grants for Community Services by Area Agencies on Aging under Title III of the Older Americans Act, as amended. 7. The Contractor shall comply with all Department of Health and Human Services regulations promulgated pursuant to Title VI of the Civil Rights Act of 1964. 8. The Contractor,-agrees that the program shall employ no less than the number of employees to ,provide services specified in the proposal and supplement, and listed inthe budget which is attached to this contract. 9. The term 'of this contract shall be from July 1, 9981 to July 30, 1982 , subject, however, to earlier termination as herein provided. • 10. In consideration of the ongoing performance of the above in a manner considered satisfactory to the AAA, the AAA shall pay the contractor a total amount not to exceed 528,630 , which is derived solely from federal funds and which shall be spent in accordance with the budget which is part of the approved Project Grant Application as cited in paragraph 3 of this contract. A portion of the total contract shall be paid monthly in advance upon receipt and approval by AAA of a Request for Payment and Report of Expenditures Form. • 11. Contractor shall: a. Procure and maintain worker's Compensation Insurance as prescribed by the laws of the State of California. b. Provide any and all reports that may be required by the AAA in a workmanlike manner by the time requested. - 3 - C. Procure the necessary bonding insurance coverage to protect against loss or theft of funds involved in this project. d. Procure and maintain comprehensive bodily injury and property damage caused by automotive vehicles used in the project's service operations, with limits of $300,000 for injury or death of one person in any one accident; $500,000 for injury or death of two or more persons in any one accident; and $100,000 for property damage in any one accident. e. Furnish the AAA certificates of insurance to demonstrate that it has procured the required insurance. f. Furthermore, Contractor shall provide AAA with any necessary permission needed by the insurance carrier to notify AAA directly that such insurance coverage is cancelled or terminated or modified. 12. All records of'Contractor bearing upon service operations in any site shall be maintained.at such project site or at their head local office within the State of Californiaand shall be made available to AAA upon request to meet the re- quirements of AAA, Dept. of Aging, or any other governmental entity. All such records shall be kept on file for 3 years after the end of the Federal fiscal year to which they pertain. The AAA Director or other representative and the auditors of the U.S. Department of Health and Human Services and the Calif- ornia Department of Aging shall be granted access to such records upon request. Contractor agrees that within forty five days after the project year, Contractor will provide AAA with an audit by a Certified Public Accountant. The State of California, upon request, shall have access to all such records for audit or reviews at a reasonable time and place. Authorized representatives of AAA, the Cali£oinia Department of Aging, and the U.S. Department of HHS (Formerly HEW) shall have the right to conduct on-site administrative reviews of the service operations. 13. Contractor shall be liable for all labor and any other direct expenses incurred 1 in providing the above listed services and 'shall assume any and all respon- sibilities for loss or damage resulting from negligence or acts of omission and shall defend any suit alleging injury, sickness or disease arising"out of the •gotxguoo stip xo aouesse egg ;o sT amty •sr •uotgeguamnoop agptxdosdde g;tz pagxoddns eq TTTM saxn;tpuedre TT? :egg pup goezguoo pup resod -aid egg ggt& buTdeeN uT eq rum s;otzguoogns gbnoxg; epem sexngtpuedxe TTe gtgg saaxbe zogotx;uoo 'goezguoo stg; ggtm aouepz000p uT spun; TTe puedxe TTegs zogoezguoo •zogoezguoy Aq pexe;stutmpt spun; zaggo due max; agexedes gots;uoo stgg xo smxa; zapun pantaoaz spun; ire ureguTem pup so; gtrnatat TTegs sogoezguoo 'LT •puemep uodn zogotz;uoo og pted eq Tregs 'dap ;t 'aoueTeq egg pup goazguoo stgg zapun xogoexguoy og amp mns due max; pagonpep eq trews yyy og put ?gags egg og ;moo agy •yyy zo a;e;g agg Aq xadozd pamaap xeuuem due uT xxom egg ggmm peeooxd dem yyy xo 'tTuxa;Trao ;o agegs egg 'uoTg.eutmxeg gens ;o guava agg u= •pepTaozd uTezeg xeuuem egg uT pup amt; egg ge peureguoo uTezeg s;ueuenoo -agg mxo;xad og Tye; xa3ntxguo0 pTnogs sogoex;uoo og not;axaptsuoo due ;o ;uemded egg ;o panaTTeI eq pup goezguoo stg; a;tutmzeg dam truzo;Treo ;o agegs egg so yyy 09T .vvv so 'etuxo;TTeo ;o agegs egg ;o sguabe .o seadordme zo 'sxeot;;o sr ;ou pup dgToedro guepuedepui Ire ul gop -netts ;uameexbe stg; ;o aovamxo;.raa egg uT zo;oez;uop ;o seeAaidma put sgueby egg pxae: zo tzguoo -5T •goezguoo stgg ;a.eouemxa zed egg uT xogoax;uo0 Aq pabemep zo pexnCuz eq dem ogp vot;ezodzoo xo mxT; 'suosxad due og bum-ruse: zo butxn000 sassoT put smipTo ire pup due max; osTe pup goezguoo stg; ;o eouamzo;zad agg ggtM uotgoauvoo uT saTTddns zo sreTxe;em 'saotnxes 's=ob buTATddns xo burgsTuxn; uotgezodzoo xo 'mxt; 'u0529(1 zaggo due-put sxexageT 'tram -retzagem 'szogatxguoa-qns 'sxogotxguoo Tre pup due og butnTnse: zo butnxooe sassoT pup smrpTo Tip pup due mos; saadoTdme pup s;uebe 'sxaoT;;o ztagg 'eTuzo;TTeo ;o egags agg pup yyy sse mzeg 9A25 pup pue;ep 'd;iumaput og saaxbe xogoexguoy •n ;oex;uoo sig; xepun seotnxes s,zogoezguoo ;o eouamzo;xad agg max; buts-ze zogoazguoo g;iP pair; ueaq seg sabemep xo; mreTo a goTgM uz guepwtn due ;o but;izr uT yyy mxo;ui dT;dmoxd og pe;ebrTgo st xogoexguoo 'zanamoj 'seatnxes ;o uOTStnozd - 4 - -5- 19. Any conflict between the provisions of this contract and the •contract between AAA and the State of California Department of Aging will be resolved in favor of the latter contract. 20. AAA will have direct input on the termination or addition of any subcontract. 21. Contractor shall maintain complete and accurate books, records, reports and accounts related to Contractor's activities under this contract which shall be kept by Contractor throughout the life of this contract and for a period of three years thereafter. All books, records, reports and accounts maintained pursuant to this contract, or related to Contractor's Activities under this contract shall be open to inspection and audit by AAA and/or by representatives of the State and Federal governments upon-'demand at any reasonable time throughout the life of this • contract andfor a period of three years thereafter. 22. Contractor shall require his employees to comply with the provisions of Section 10850 Of the Welfare and Institutions Code to assure that: A. All applications and records concerning any individual made or kept by any public officer or agency in connection with the administration of any pro- vision of the Welfare and Institutions Code relating to any form of public services for which grants-in-aid are received by the State of California from the United States government shall be confidential, and shall not be open to examination for any purpose not directly connected with the admin- istration of such public social service. B. No person shall publish or disclose or permit or cause to be published • or disclosed any list of persons ,receiving public social services, except as is provided by law. C. No person shall publish, disclose, or.use or permit or cause to be published, disclosed or used any confidential information pertaining to an applicant or recipient, except as is provided by law. -6- Contractor shall inform all employees, agents and officers of the above provisions and that any person ]cncaingly and intentionally violating such provisions is guilty of a misdemeanor. 23. This contract may be amended at any time by the.parties by mutual agreement in writing. 24. This contract constitutes the entire contract between Contractor and APA with respect to the subject matter of this contract. There are no other or further written or oral understandings or agreements with respect to this contract other than those expressly referred to herein. No variation or modification of this contract and no waivers of its provisions shall be valid unless. iii writing and signed by the duly authorized officers of AAA and Contractor. No assignment of this contract may be made, in whole or in part, without the written consent of PAA being first obtained. 25. Contractor agrees to coordinate its services with all other service agencies funded by PAA. 26. This contract shall be effective as the date set forth in paragraph 9 of this contract, and shall be in force commencing on that effective date and shall end on the date which is also stated in paragraph 9 of this contract. This contract shall also continue in effect during such additional period or periods as APA and Contractor agree upon. However, either party may at any time during the life of this contract or any extension of this contract terminate this contract with respect to the provisions of the services by giving sixty days notice in writing to the other party of its intention to do so. Furthermore,; APA may terminate this contract if the terns and conditions thereof are not fully complied with by Contractor by giving 10 days notice in writing of its intention to do so. All notices to PAA sell be addressed to it at: 277 West Hedding Street, San Jose, California, 95110, and all notices to Contractor shall be addressed to Contractor at its principal address. Such notices shall be sent by i J -7- registered or certified mail and shall be mailed at least three (3) days prior to any contemplated action in reference to the clauses contained in this paragraph. Each party shall notify the other in writing of any change in their respective above addresses at least three (3) days in advance of the effective date of such change. 27. Contractor agrees to the following items: 1. Contractor will secure and maintain in force during the term of this grant a commercial fidelity bond in the penalty of either $10,000 or 20% of the total grant (whichever is larger) to protect against misappropriation of funds by any employee and volunteer officer of the agency. 2. Contractorwill carry comprehensive general liability insurance to include also the use of owned and non-owned automobiles on the project. 3. Contractor will carry Worker's Compensation. 4. Contractor will provide Council on Aging with certificates of insurance to'denonstrate that the required insurance has been procured. Each certificate shall indicate the name of the insurance company, the type of coverage, the policy number and its expiration date. It shall also indicate. that there shall be no dilution of coverage during the term of the policy nor shall it be cancelled or non-renewed without 10 days prior written notice delivered to Council'on Aging's office at 277 West Hedding Street, San Jose, California, 95110. 5. Council on Aging must be named as an additional insured on the com- prehensive liability policy and Council on Aging's name must appear on the certificates referred to above. 6. Contractor will cooperate with the Council on Aging Grants Manager who will monitor andevaluate the project. 7. Contractor will give credit to Council on Aging in its publicity for funding the project. 8. -Contractor assures that if its insurance is cancelled, modified or becomes delinquent, Council on Aging will be notified. -8- In witness whereof the parties hereto have caused this contract to be signed by their duly authorized officers on this c- — day of \ . .. , 19 81 • FOR THE Council on Aging of FOR THE CITY OF CUPERTINO Santa Clara County, Inc. • P Executive Director. City Manager Title Title -9- ADDENDUM A ADDENDUM TO CONTRACT BETWEEN AREA AGENCY ON AGING AND SERVICE PROVIDER (CONTRACTOR) • THIS ADDENDUM is entered into by and between the Council on Aging of Santa Clara County, Inc. (hereinafter designated as AAA) and CITY Or CUPERTINO (hereinafter contractor) with reference to that ard certain contract dated the ,,, crL% day of ;ir.1.-' , 19 81 ' , with respect to services to be carried out by contractor in accordance with Title III of the Older Americans Act of 1965, as amended. RECITALS: I. Contractor shall provide AAA with any necessary permission needed by the insurance carrier to notify AAA directly thirty (30) days prior if such insurance coverage ,is cancelled, terminated or materially modified. II. Contractor agrees to indemnity, defend and save harmless AAA and the State of California, their Officers , agents and employees from any and all claims, losses and expenses (including all attorneys' fees, costs and expenses of litigation) accruing or;Lpesulting to any other person, firm, or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract and also from any and all claims and losses occurring or resulting to any person, firm or corporation who may be injured or damages by Contractor in the performance of this contract. III. Contractor shall comply with all applicable State and Federal laws and regulations relating to its performance under this contract and to the extent that said laws and regulations are in conflict with provisions of this contract, in addition to the terms of Paragraphs 4 and 7 of this contract, the laws and re- gulations e-g lations shall prevail. IV. This contract shall be governed and construed in accordance with the laws of the State of California. • V. Contractor shall not enter into subcontracts for any of the work contem- plated under this contract without first obtaining written approval from AAA. Any subcontract entered into in violation of this provision shall be void. Contractor shall not terminate any previously AAA approved subcontract for work done under this contract without first giving written notice to AAA. -10- VI. No employee of the Contractor nor any member of any employee's immediate family shall vote or officially participate as a member, director or officer in a review or advisory board or committee or participate in any official position which, either by rule, practice or action, recommends or supervises development, -re- paration, administration or approval of this Contract. "Thnediate family" includes husband, wife, father, mother, sister, brother, son, daughter, and in-law relationships to the same degree. VII. There are no further or collateral agreements save and except for this Addendum and the contract, and no waiver or modification of the contract exists except to the extent set forth herein. • DatedQ.aG'-Z% v 19 81 COUNCIL O//N'AGING OF SANTA CLARA COUNTY, INC. CITY OF CUPERTINO Executive Director City Manager TITLE TITLE br (ATTACHMENT) • } • City of Cupertino AGREEMENT NO. BY THIS AGREEMENT.made and entered into on the day of July 19 80 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Florence Marchick (2) (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants,the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: See Attached — Exhibit A DELIVERY: EXHIBITS:The following attached exhibits hereby are made part of this Agreement: A & B TERMS The services and/or materials furnished under this Agreement shall commence on -3' /.2../ /SO and shall be completed before 7/1/81 COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: See Attached — Exhibit B GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers,agents and employees from any and all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the per- formance of this agreement.City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this agreement.Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin,ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between City and undersigned.At all times Contractor shall be deemed to be an independent contractor and Contractor is notauthorized to bind the City to any contracts or other obligations in executing this agreement.Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. Changes. This agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: Name Patricia Philip Department Parks & Recreation Address c/o 10300 Torn Ave.. Cupertino,CA 95014 Telephone 253-2098 This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: CITY OF CUPERTINO: By Krzente 6 cit-lanr,J7ir.e /775b.) By 7Ct &<L CC) -p e CQJ1.P n-infirA CPQ Title u APPROVALS Dep tment Head Date Cit Date A r BUSINESS LICENSE NO. EXHIBIT A (services) 1. The services to be performed by CONTRACTOR: Contractor shall provide or furnish the following specified services and/or materials: 1. To provide an individualized assessment of the older person's situations and needs; 2. To identify services to meet those needs and coordinate the delivery of those services; 3. To provide follow-up and insure that services are provided in an appropriate manner; 4. To prepare all necessary reports and project data as required; 5. To improve existing Senior Center programs and develop new programs to meet the health and social needs of the elderly. a BUSINESS LICENSE NO. EXHIBIT B (compensation) For the full performance of this agreement, City shall pay Contractor a fee of Six Dollars, eighty-six cents (6.86) per hour, based on a 40 hour per week, payable at regular bi-monthly intervals following the date of the first payment hereunder. In addition to said hourly fee, City shall reimburse Contractor for mileage expenses not to exceed Two Hundred Sixty Dollars (260.00) per term agreement, provided that the same shall be approved by the City. This contract will commence on 7/2]/80 and conclude on 6/30/8I. It is expressly understood that the fees and expenses payable hereunder include and are paid in lieu of all other compensation or benefits, excepting only Workman's Compensation as required by the City's contract with the Council on Aging of Santa Clara County, Inc. The City shall reimburse the contractor's business license fee of $12.50 for the balance of 1980 and $25.00 for 1981. -1 -z Mark E Hopkins &Co. CERTIFICATE Insurance Brokers OF INSURANCE 'Not withstanding any requirement term or condition of any it contract or other decurrent with respect to which the certificate wow/Spewed MAIL ADDRESS:P.O. BOX,5250/1655 WILLOW STREET is issued, the insurance afforded by the policies listed an the lnrumxetkokoerm SAN JOSE, CALIFORNIA 95150 (408) 266-2121 certificate is subject to all,the terms of such policies.' This isto certify to: On behalf of the following insured CITY OF CUPERTINO STEVEN L MARCHICK & FLORENCE GREEN MARCHICK 10300 Torre Avenue that the policies listed below,subject to their+erms, conditions and exclusions, have. een issue y the companyjiesj designated to theinsured named herein and are in full force and effect. Any requirements or any provisions in contracts or agreements between the Insured and any other person; firm or corporationshall not enlarge, alter or amend the definition of Insured or any of the terms; conditions; exclusions, or limitations of the policies described,below.. TYPE OF INSURANCE CO. POLICY NUMBER EXPIRATION 'DATE, LIMITS OF LIABILITY WORKMEN'S COMPENSATION STATUTORY GENERAL LIABILITY—Other than automobile - - - -- _ - - Bodily Injury Liability $ Each Occurrence $ Aggregate Products Property Damage Liability S Each Occurrence $ Aggregate Operations $ Aggregate Protective $ Aggregate Products $ Aggregate Contractual. Combined Single Limit $ Each Occurrence AUTOMOBILE XJ Owned Non-Owned Xf.Hired Bodily.Inlury Liability $ Each.Person Each.Occurrence Property Damage liability '$ Each Occurrence Combined Single Limit 1 694NA6901 8-1-81 $ 500,000.00 Each Occurrence. Medical Payments $' Each Person Comprehensive ACV less'$ Deductible Collision ACV Tess $ Deductible OTHER LOSS PAYABLE TO: - Per 0 438BFU. ID 49A 0.346. attached ADDITIONAL INSURED: It is agreed that such insurance as Is afforded by this policy for Bodily Injury and Property Damage Liability shall applywith respell te. '1 TTY OF la)PFRTTNO as an additional insured, in connection with see below - -only; but such inclusion of additionalinsured shall not operate to increase the limits of the Eompany's,liability. DESCRIPTION AND LOCATION OF OPERATIONS,_AUTOMOBILES.COVERED, ADDITIONAL INSUREDS, ETC. -- Any vehicle owned by Steven L. & Florence Green Marchick. INSURANCE COMPANY (IES): Should anyof the above described policies be cancelled before the expiration de4eee thereof the issuing company J will endeavor. to mail 11 ST. PAUL INSURANCE COMPANY above named, certificate holder, but notice to the 2 ut failure tomail notice shall impose no'obligation or liability of any kind 3. upon :the company. MARK F: NOPKINS & CO 7 29 80ss _- 1N51J RANO �S FO E DATE __ - BY. - DV. LAU a- itioNh 41,14!!:' Cit9 of Cupertino 10300 Torre Avenue- Cupertino, California 95014 (408)252-4505 TO: Dorothy Cornelius, City Clerk DATE: July 15, 1980 FROM: Merle 0. Butler, Director of Parks & Recreation SUBJECT: RESOLUTION NO. 5289 - AGREEMENT FOR SENIOR CENTER CASE MANAGER & DAY CARE CENTER Attached is the'agreement and an addendum to this agreement between the City of Cupertino and St. Jude's Church for establishing the Cupertino Senior Day Services (CSDS) Center. In addition to the agreement, the following is also attached as a requirement of the agreement: 1) Automobile rider showing city as additional insured for 1972 Opel owned and driven by Mrs. Pietre Vreman; 2) Letter from Bert Schopelhonman, P.A.., stating he would perform all audits required for this grant; 3) Bonded coverage to $10,000 written by TransAmerica. Insurance Co., on behalf of the Cupertino Senior Day Services Center; 4) Liability policy naming the City as additional insured for bodily injury property damage and medical coverage; 5) Certificate of Workers' Compensation Insurance for workers of CSDS; 6) Letter from Council on Aging indicating no formal audit would be required by Council on Aging, but rather allowing the City's finance director to do the, auditing. Please place all items with the signed agreements. Should you have any questions, please contact me. IMAM • RESOLUTION NO. 5289 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING CUPERTINO SENIOR CENTER TO APPLY FOR $17 , 407 . 86 FOR A CASE MANAGER AND $13 , 000 . 00 FOR A DAY CARE CENTER PRO- GRAM. THE TOTAL AMOUNT OF $30 , 407 . 86 TO BE GRANTED THROUGH TITLE III B OF THE OLDER AMERICANS ACT AND AUTHORIZING THE CITY MANAGER OF THE CITY OF CUPERTINO TO EXECUTE AND ADMINIS- TER THE CONTRACT AND ALL AMENDMENTS THERETO UPON APPROVAL OF • THE APPLICATION BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY: a. Approves the filing of an application for a Case Manager and Day Care Center through Title III B of the Older Americans Act; and b. Appoints the City Manager of the City of Cupertino to execute and administer the contract and all amendments thereto upon approval of the application. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of May , 1980 , by the following vote: Vote Members of the City Council AYES : Gatto, Plungy, Rogers., Sparks, O'Keefe NOES : None ABSENT: None ABSTAIN: None APPROVED: • /s/ Dan O'Keefe Mayor, City of Cupertino ATTEST: /s/ Dorothy Cornelius City Clerk • ADDENDUM TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND CUPERTINO SENIOR--. DAY SERVICES, INC. THIS ADDENDUM is entered into by and between the City-,`__: of Cupertino (hereinafter the "City" ) and Cupertino Senior Day Services, Inc. , (hereinafter "CSDS" ) with reference to that certain agreement dated May 23, 1980 . It is hereby agreed as follows: 1. CSDS will secure and maintain in force during the term of the grant a commercial fidelity bond in the penalty of either $10 ,000 . 00 or 200 of the total grant (whichever is larger) to protect against misappropriation of funds by any employee and/or volunteer officer of CSDS. 2. CSDS will procure and maintain comprehensive bodily injury and property damage caused by automotive vehicles used in the project's service operations, with limits of $300 , 000.00 for injury or death of one person in any one accident; $500 , 000. 00 for injury or death of two or more persons in any one accident; and $100 ,000 . 00 for property dam- age in any one accident. 3. CSDS will procure and maintain Worker' s Compensation Insurance as prescribed by the laws of the State of California. 4 . CSDS will provide the City with certificates of insurance to demonstrate that the required insurance has been procured. Each certificate shall indicate the name of the insurance company, the type of coverage, the policy number and its expiration date. It shall also indicate that there shall be no dilution of coverage during the term of the policy nor shall it be cancelled or non-renewed without 10 days prior written notice to the City and to Council on Aging at 227 West Hedding Street, ' San Jose, California 95110. CSDS agrees further that if its insurance is cancelled, modified, or becomes delinquent, the City and Council on Aging will be notified. 5. CSDS will name the Council on Aging as an additional insured on the comprehensive liability policy and Council on Aging' s name must appear on the certificates referred to above. 6. CSDS will give credit to the Council on Aging in its publicity for funding the project. 7. CSDS will, within 45 days after the project year, pro- f vide the City with an audit by a certified public accountant. All costs of the audit shall be borne by CSDS. CSDS shall allow the State 'of California, upon request, access to all such records for audit or reviews at a reasonable time and place. CSDS shall allow authorized representatives of the City, the Council on Aging (277 W. Hedding Street, San Jose, California) , the California Department of Aging, and the U.S . Department of 1 Health, Education,. and Welfare to conduct on-site administrative reviews of the service operations. 8. There are no further or collateral agreements save and except for this Addendum and the agreement, and no waiver or modification of the contract exists except to the extent set forth herein. Dated: ity of Cupertino 1 By !, Title -2- By a Title u\ encs . �`- V Dated: Cupertino Senior Day Services , Inc. By Title , -3- r` II" lb • AGREEMENT THIS AGREEMENT, effective as of the date of the last signature hereto., is entered into by and between the City of Cupertino (hereinafter the "City") , and Cupertino Senior Day Services , Inc. , (hereinafter "CSDS") , and is made with reference to the following facts : A. CSDS is a public benefit corporation, duly organized under the laws of the State of California and is dedicated to the purpose of providing services to the frail elderly who reside in the San Jose-Cupertino, California area. R. The City, through its Department of Parks and Rec- reation, presently operates a center for senior citizens , called the Cupertino Senior Center. C. Whereas CSDS is in need of funds , it intends to sub- mit to the Council on Aging on April 19 , 1980 , an application for a grant of money. The grant proposal was written with the aid of the personnel at the Cupertino Senior Center. D. The aforementioned application to the Council on Aging is conditional upon, among other things not pertinent here, the consent of the City to act as an intermediary to disburse funds , and receive reports from CSDS. E. The City desires to assist CSDS in receiving funds from the Council on Aging, as it views the services to be provided by CSDS as complimentary to its own services and beneficial to its citizens. NOW, THEREFORE, it is hereby agreed as follows: 1. In the event the application for funds to CSDS is approved by the Council on Aging, the City will faithfully perform the accounting function of receiving said funds and ~ fl • i paying them over to CSDS at such times and in such a manner -as directed by the Council on Aging. 2 . CSDS will submit to the City monthly financial and operational reports , as well as other information as is requested from time to time by the Council on Aging. The City shall receive said information and process it in accor- dance with directions of the Council on Aging. CSDS will submit the required information in the form and manner and at such times as designated by the Council on Aging and/or as designated by the City acting at the direction of the Council on Aging. 3 . It is expressly understood and agreed by the parties hereto that the City is merely acting as a conduit of funds and information between the Council on Aging and • CSDS , and that the City accepts no responsibility whatso- ever for the acts of CSDS, its agents , or employees , nor for any contractual liability incurred by CSDS . It is ex- pressly understood and agreed that the City is neither an agent nor a principal of CSDS . 4 . This agreement supersedes any and all other agreements , either oral or in writing, between the parties hereto with respect to services to be rendered by the City to CSDS and contains all of the covenants and agreements between the parties with respect to such services in any manner whatsoever. Each party to this agreement acknowledges that no representations , inducements , promises , or agreements , orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not con- tained in this agreement shall be valid or binding. Any modification of this agreement will be effective only if it ///// ///// 2 . • /Th • "Th • . •i` 4 . is in writing and signed by the party to be charged. DATED: St 23-80 City of Cupertino • Title • � A By �-� ' Itiate3,1 n • Title DATED: 7/ L/a V CUPERTINO SENIOR DAY SERVICES , INC. if BY .ks--- Title a..2,44,1#= asps 3 . 1 a SENIOR DAY SERVICES P.O. Box 622, Cupertino, CA 95015 (Located at St. Jude's Episcopal Church Stelling McClellan., Cupertino) l4U87-.94 June6, 1980 Robert Quinlan, City Manager 10300 Torre Avenue • Cupertino CIL 95014 Dear Mr. Quinlan: This is in response to the letter of June 6, 1980 from Mr. Merle Butler, concerning our grant from the Council on Aging. The Cupertino Senior Day Services will provide the following items which you requested: 1. The Cupertino Senior Day Services will be listed as additional insured `P on the car insurance policy of the staff who will be driving on Center- connected business. The Center does not own a vehicle. 2. The C.S.D.S. has contracted with Mr. Bert Schapelhouman, C.P.A., C.A., LL5 R.A., for book-keeping, tax, and auditing services. Mr. Schapelhouman has agreed to do the auditing of the Grant money as requested by the City. 5• 3. Mr. Coleman Persily, Mutual Service Insurance, 1703; 5th Ave. San Rafael vc('"1 CA 94901, has been contacted to add to our insurance policy the commercial fidelity bond for the $13,000 which covers our part of the grant. 4. Mr. Coleman Persily is handling our insurance. We have contracted for (fes C\ $1,000,000 liability insurance, $500 per person and/or $10,000 per accident medical insurance, $2,000 property, and wor'imants compensation for staff, including volunteers. 5. Copies of all the above-mentioned policies will be sent to you as soon as they become available to us. -Sincceerrely, X ( �// -:a-J • Pietie eman Directo , C.S.D.S. PV/jh cc Merle Butler "'<' " .BINDER Pending issuance and delivery of a policy pursuant to the application of the insured and to all the terms RECEIPT `"<�< �<" and conditions of the policy issued by the company, and in consideration of the application for insurance and $ the receipt of which is hereby acknowledged, the I1STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY • STATE FARM FIRE AND CASUALTY COMPANY Does hereby insure /UeE 42ti i-/Abficat/C_A y 'nJ Address /02R3etee/22724ZOu S 445' /7/?67257 ea. 9?14027 with—loss—payable—to: add,(7o 19/ /051/2 C/ /D36Q 73/2Et a _e_ J �� ,��=w,-i��,,_^ �iy `Q �� / Or assigns, as such interest may appear _A- 7f o 7/� 5.61/z)./ on automobile described below: L Body Meke Year Number Oi�E� 7oZ TypeSj,, 'r ` Sefle7.,677 bold FW For coverages indicated: IJ LIABILITY (BIPD)3'/6//O/v/O/9 ❑ COMPREHENSIVE ❑ COLLISION and such other insurance as is shown on the application. Effective €6--2-- S , 19 2, expiring not to exceed thirty (30) days hence and to become void immediately upon the issuance of a policy in place hereof. �� n ^ / Q C�,,,.ro.�.o��J�' PRESIDENT Countersigned this day of �1�`P , 19"6 SM / �� / Authorize. .resentativ AG 4488.11 't'° BERT SCHAPELHOUMAN ACCOUNTANT 651 Distel Drive, Los Altos, California 94022 Telephone: (415) 941-3550 Member of NATIONAL SOCIETY Enrolled to represent taxpayers OF PUBLIC ACCOUNTANTS before the Internal Revenue Service June 26,1980. City Manager of the city of Cupertino, Mr.Robert W.Quinlan, 10300 Torre Avenue, Cupertino,California 95014. Dear Mr.Quinlan: Re: CSDS Senior Day Services, Cupertino. In reply to your request to the Board of Directors of Cupertino Senior Day Services,please be informed that the undersigned has accepted to do the necessary audits for any funds received either from the Federal or State Government or from any other agency. 47-- 1411a edailgiittal m- vel i4 Sgo '.; ' uq-,PWA. If you are using any special type of forms,please feel free to mail these to me, to simplify your work associated with this program. Trusting that this is the information you needed. Sinc�er-el�yYours Bert Schapelhouman P.A. , lcc lcc.CSDS Senior Day Services. I and Casualty Insurance- -irflProperty from Transamerica Corporation . . aIaauraai;a Qompany TRANSAMERICA INSURANCE GROUP A STOCK COMPANY/HOME OFFICE: LOS ANGELES. CALIFORNIA — COMMERCIAL BLANKET BOND Revised to May, 1957 — — BOND NO. 5261-35-12 : , ' .. — (A Stock Company, herein called the Underwriter) _ DECLARATIONS Item 1. Name of Insured: CUPERTINO SENIOR DAY SERVICES CENTER • (herein called the Insured) Principal Address: P. 0. BOX 622, CUPERTINO, CA.. 95015 INC.) (STNEET) (CITY. (STATE) Item 2. Bond Period: from noon on JUNE 13, 1980 (MONTH. DAY.YEAR) to noon on the effective date of the cancelation or termination of this Bond, standard time at the Principal Address as to each of said dates. Item 3. Limit of Liability: $ 10,000.00 , Item 4. The liability of the Underwriter is subject to the terms of the following riders attached hereto: SR 5862 SR 6052 SR 605+ SR 6055 B12900 - Item 5. The Insured by the acceptance of this Bond gives notice to the Underwriter terminating or cancel- ing prior bond(s) or policy(ies) No.(s) NONE such termination or cancelation to be effective as of the time this Bond becomes effective. Signed. sealed and dated JUNE 17, 1980• TRANSAMERICA INS RANCECOMPANY By.�c /1 1 / ROBERT A. MILLER :Attorney-in-Fact COMMERCIAL BLANKET BOND Bond No. 5261-35-12 Insured CUPERTINO SENIOR DAY SERVICES CENTER SB 5072a Printed in U.S.A. . INSURING AGREEMENT The Underwriter, in consideration of the payment of the premium, and subject to the Declarations made a part hereof, the General Agreements, Conditions and Limitations, and other terms of this Bond, agrees to indemnify the Insured against any loss of money or other property which the Insured shall sustain through any fraudulent or dishonest act or acts committed by any of the Employees, acting alone or in collusion with others, to an amount not exceeding in the aggregate the amount stated in Item 3 of the Declarations. GENERAL AGREEMENTS CONSOLIDATION-MERGER be considered as the Insured first named for all purposes of -- — this Bond. A. If, through consolidation or merger with, or purchase of . assets of, some other concern, any persons shall become Em- LOSS UNDER PRIOR BOND OR POLICY ployees, the Insured shall give the Underwriter written notice C. If the coverage of this Bond is substituted for any prior thereof and shall pay an additional premium computed pro rata bond or policy of insurance carried by the Insured or by any from the date of such consolidation, merger or purchase to the predecessor in interest of the Insured, which prior bond or end of the current premium period. policy is terminated, canceled or allowed to expire as of the - __ time of such substitution, the Underwriter agrees that this Bond JOINT INSURED applies to loss 'which is discovered as provided in Section 1 of the Conditions and Limitations and which would have been re- B. If more than one Insured is covered under this Bond, the coverable by the Insured or such predecessor under such prior Insured first named shall act for itself and for every other, In- bond or policy except for the fact that the time within which to sured for all purposes of this Bond. Knowledge possessed or discover loss thereunder had expired; provided: discovery made by any Insured or by any partner or officer there- (1) the indemnity afforded by this General Agreement C of shall, for the purposes of Sections 6, 7 and 12, constitute shall be a part of and not in addition to the amount of knowledge possessed or discovery made by every Insured. Can- insurance afforded by this Bond; - celation of the insurance hereunder as respects any Employee (2) such loss would have been covered under this Bond had as provided in Section 12 shall apply to every Insured. If, prior to the cancelation or termination of this Bond in its entirety, this Bond with its agreements, limitations and conditions this Bond is canceled or terminated as to any Insured, there as of the time of such substitution been in force when shall be no liability for any loss sustained by such Insured unless the acts or defaults causing such loss were committed; and discovered within one year from the date of such cancelation or (3) recovery under this Bond on account of such loss shall in termination. The liability of the Underwriter for loss sustained no event exceed the amount which would have been re- by any or all of the Insured shall not exceed the amount for coverable under this Bond in the amount for which it is which the Underwriter would be liable had all such loss been written as of the time of such substitution, had this Bond sustained by any one of the Insured. Payment by the Under- been in force when such acts or defaults were committed, writer to the Insured first named of any loss under this Bond or the amount which would have been recoverable under shall fully release the Underwriter on account of such loss. If such prior bond or policy had such prior bond or policy the Insured first named ceases for any reason to be covered continued in force until the discovery of such loss, if under this Bond, then the Insured next named shall thereafter the latter amount be smaller. THE FOREGOING INSURING AGREEMENT AND GENERAL AGREEMENTS ARE SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS: BOND PERIOD,TERRITORY, DISCOVERY Insured or otherwise, whether such act be committed before Section 1. Loss is covered under this Bond only if discov- or after the date of employment by the Insured. ered not later than one year from the end of the Bond Period. If, prior to the issuance of this Bond, any fidelity insurance Subject to General Agreement C, this Bond applies only to in favor of the Insured or any predecessor in interest of the loss sustained by the Insured through fraudulent or dishonest Insured and covering one or more of the Insured's Employees acts committed during the Bond Period by any of the Employees shall have been canceled as to any of such Employees by reason engaged in the regular service of the Insured within any of the of the giving of written notice of cancelation by the insurer States of the United States of America, the District of Columbia, issuing such fidelity insurance, whether the Underwriter or not, Alaska, Hawaii, Virgin Islands, Puerto'Rico, Canal Zone or and if such Employees shall not have been reinstated under the Canada or while such Employees are elsewhere for a limited coverage of such fidelity insurance or superseding fidelity insur- period. ance, the Underwriter shall not be liable on account of such EXCLUSION Employees unless the Underwriter shall agree in writing to in- Section 2. This Bond does not apply to loss, or to that part elude such Employees within the coverage of this Bond. of any loss, as the case may be, the proof.of which, either as to LOSS—NOTICE—PROOF— its factual existence or as to its amount, is dependent upon an inventory computation or a profit and loss computation; provided, ACTION AGAINST UNDERWRITER however, that this paragraph shall not apply to loss of money or other property which the Insured can prove, through evidence Section 7. Upon knowledge or discovery of loss under this wholly apart from such computations, is sustained by the In- Bond, the Insured shall: (a) give notice thereof as soon as prac- sured through any fraudulent or dishonest act or acts committed ticable to the Underwriter or any of its authorized agents, and by any one or more of the Employees. (b)file detailed proof of loss, duly sworn to,with the Underwriter - ) within four months after the discovery of loss. DEFINITION OF EMPLOYEE " Upon the Underwriter's request, the Insured shall produce for Section 3. As used in this Bond, "Employee" means any the Underwriter's examination all pertinent records, at such natural person (except a director or trustee of the Insured, if a reasonable times and places as the Underwriter shall designate, corporation, who is not also an officer or employee thereof in and shall cooperate with the Underwriter in all matters pertaining some other capacity) while in the regular service of the Insured to loss or claims with respect thereto. in the ordinary course of the Insured's business during the Bond No action shall lie against the Underwriter unless, as a condi- Period and whom the Insured compensates by salary, wages or tion precedent thereto, there shall have been full compliance commissions and has the right to govern and direct in the per- with all the terms of this Bond, nor until ninety days after the formance of such service, but does not mean any broker, factor, required proofs of loss have been filed with the Underwriter, commission merchant, consignee, contractor or other agent or nor at all unless commenced within two years from the date representative of the same general character. The words "while when the Insured discovers the loss. If any limitation of time in the regular service of the Insured" shall include the first 30 for notice of loss or any legal proceeding herein contained is days thereafter; subject, however, to Sections 12 end 13. . shorter than that permitted to be fixed by agreement under any statute controlling the construction of this Bond, the shortest LOSS CAUSED BY UNIDENTIFIABLE EMPLOYEES permissible statutory limitation of time shall govern and shall Section 4. If a loss is alleged to have been caused by the supersede the time limitation herein stated. fraud or dishonesty of any one or more of the Employees and RECOVERIES the Insured shall be unable to designate the specific Employee or Employees causing such loss, the Insured shall nevertheless Section 8. If the Insured shall sustain any loss covered by have the benefit of this Bond, subject to the provisions of Sec- this Bond which exceeds the amount of indemnity provided by tion 2 of this-Bond, provided that the evidence submitted reason- this Bond, the Insured shall be entitled to all recoveries (except ably proves that the loss was in fact due to the fraud or dis- from suretyship, insurance, reinsurance, security or indemnity honesty of one or more of the said Employees, and provided, taken by or for the benefit of the Underwriter) by whomsoever further, that the aggregate liability of the Underwriter for any made, on account of such loss under this Bond until fully reim- such loss shall not exceed the amount stated in Item 3 of the bursed, less the actual cost of effecting the same; and any re- Declarations. mainder shall be applied to the reimbursement of the Under- writer. - OWNERSHIP OF MONEY OR OTHER PROPERTY Section 5. The insured property may be owned by the In- LIMITS OF LIABILITY sured, or held by the Insured in any capacity whether or not the Section Q. Indemnification by the Underwriter for any loss Insured is liable for the loss thereof, or may be property as under this Bond shall not reduce the Underwriter's liability for - respects which the Insured is legally liable. other losses under this Bond whenever sustained. The Under- • writer's total liability under this Bond for any loss caused by any PRIOR FRAUD, DISHONESTY OR CANCELATION Employee or in which,such Employee is concerned or implicated Section 6. The coverage of this Bond shall not apply to any is limited to the amount stated in Item 3 of the Declarations. Employee from and after the time that the Insured or any part- Regardless of the number of years this Bond shall continue ner or officer thereof not in collusion with such Employee shall in force and the number of premiums which shall be payable have knowledge or information that such Employee has com- or paid, the limit of liability stated in Item 3 of the Declarations milted any fraudulent or dishonest act in the service of the shall not be cumulative from year to year or period to period. • • CALIFORNIA PREMIUM RIDER To be attached to and form part of Bond No. 5261-35-12 in favor of CUPERTINO SENIOR DAY SERVICES CENTER It is agreed that: 1. In compliance with the ruling of the Commissioner of Insurance of the State of California and the Opinion of the Attorney-General of that State requiring that the premium for all bonds or policies be endorsed thereon, the basic premium charged for the attached bond for the period from JUNE 13, 1980 to JUNE 13, 1981 • is I EIGHTY SIX AND NO/100THS Dollars ($ 86.00 D.P.P. ). • 2. This rider is effective as of noon on JUNE 13, 1980 CALIFORNIA PREMIUM RIDER FOR USE WITH ALL FORMS OF STANDARD BONDS,TO COMPLY WITH RUL- INGS OF THE INSURANCE COMMISSIONER AND THE ATTORNEY-GENERAL. REVISED TO AUGUST, 1968. SR 5862 Printed in U.S.A. • • • RIDER • To be attached to and form part of Bond No. 5261-35-12 in favor of CUPERTINO SENIOR DAY SERVICES CENTER • It is agreed that: • 1. The attached bond is amended: • (A) By deleting from the Insuring Agreement that part reading "any loss of money or other property which the Insured shall sustain through any fraudulent or dishonest act or acts committed by any of the • Employees, acting alone or in collusion with others," and by substituting in lieu thereof the following: "loss of money or other property which the Insured shall sustain resulting directly from one or more • fraudulent or dishonest acts of an Employee, acting alone or in collusion with others," (B) By inserting as an additional paragraph in the Insuring Agreement the following: "Dishonest or fraudulent acts as used in this Insuring Agreement shall mean only dishonest or fraudulent acts committed by such Employee with the manifest intent: (a) to cause the Insured to sustain such loss; and (b) to obtain financial benefit for the Employee, or for any other person or organization intended by the Employee to receive such benefit, other than salaries, commissions; fees, bonuses, promotions, awards, profit sharing, pensions or other employee benefits earned in the normal course of employ • - ment." 2. In addition to the existing Exclusion in the attached bond, the Underwriter shall not be liable for: • (i) Potential income,. including but not limited to interest and dividends, not realized by the Insured because of a loss covered under this Bond. (ii) All damages of any type for which the Insured is legally liable, except direct compensatory damages arising from a loss covered under this Bond. • (iii) All costs, fees and other expenses incurred by the Insured in establishing the existence of or amount of loss covered under this Bond. ' 3. This rider shall become effective as of noon on TUNE 13, 1980 .standard time as specified in the attached bond. Accepted: • • DEFINITION OF DISHONESTY — EXCLUSIONS FOR USE WITH BLANKET POSITION AND COMMERCIAL BLANKET BONDS TO REVISE THE INSURING AGREEMENT AND ADD CERTAIN EXCLUSIONS. ADOPTED NOVEMBER, 1976. SR 6052 Printed In U.S.A. . • RIDER: • . • To attached to and form part of Bond No: 5261-35-12 in favor of CUPERTINO SENIOR DAY SERVICES CENTER • It is agreed that: I 1. Section 2 of the attached bond is deleted and the following is substituted in lieu thereof: "Section 2. This Bond does not apply to loss, or that part of any loss, as the case may be, the proof of which, either as to its factual existence or to its amount, is dependent upon an inventory computation or a profit and loss computation." • 2. This rider shall become effective,as of noon on JUNE 13, 1980 standard time as specified in the attached bond. • • Accepted: • . i INVENTORY EXCLUSION RIDER FOR USE WITH COMMERCIAL BLANKET AND BLANKET POSITION BONDS TO CLARIFY INVENTORY COMPUTATION LOSS EXCLUSION. ADOPTED NOVEMBER, 1976. SR 6054 Printed 1n U.S.A. • • • • • • • • I • • • RIDER To be attached to and form part of. Bond No. 5261-35-12 in favor of CUPERTINO SIIJIOR DAY SERVICES CENTER It is agreed that: 1. In addition to the existing Exclusions applicable to the attached bond, the bond does not apply to the defense of any legal proceeding'brought against the Insured, or to fees, costs or expenses incurred or paid by the Insured in prosecuting or defending any legal proceeding whether or not such proceeding results or would result in a loss to the Insured covered by this bond. 2. This rider shall become effective as of noon on JUNE 13, 1980 . standard time as specified in the attached bond. • Accepted: . •• _ • LEGAL FEES EXCLUSION RIDER • FOR USE WITH COMMERCIAL BLANKET AND BLANKET POSITION BONDS. . • ADOPTED NOVEMBER, 1976. SR 6055 Printed In U.S.A. • - ' rTransamerica Insurance Services Transamerica Insurance Group • • BOND NO. 5261-35-12 RIDER Individual employee applications may be requested by the Company. Should the Company. in its•sole discretion, decide to conduct a background investigation based on that application. the • • insured will be notified in writing. Absent such written notification a background investigation will not be conducted. Any action undertaken by the Company in regard to the individual employee application is not intended nor should it be understood to be a representation on the fitness or lack of fitness of the applicant as an employee. • • • APPLICATION INVESTIGATION RIDER FOR USE WITH ALL FORMS PROVIDING BLANKET FIDELITY COVERAGE TO I SFT FORINGOMPANY POLICI REGARDINGINVESTIGATIONOF INDIVIDUAL EMPLOYEE APPLICATIONS • B12900 _ 1-80 LIMIT OF LIABILITY UNDER THIS BOND , any partner or officer thereof not in collusion with such Employee, AND PRIOR INSURANCE of any fraudulent or dishonest act on the part of such Employee; _ ' or (b) at noon, standard time as aforesaid, upon the effective Section 110. With respect to loss caused by any Employee or date specified in a written notice mailed to the Insured. Such in which such Employee is concerned or implicated or which date shall be n less than fifteen days after the date of mailing. • is chargeable to any Employee as provided in Section 4 and The mailing by She Underwriter of notice as aforesaid to the which occurs partly during the Bond Period and partly during the Insured at the address shown in this Bond shall be sufficient period of other bonds or policies issued by the Underwriter to proof of notice. Delivery of such written notice by the Under- the Insured or to any predecessor in interest of the Insured and writer shall be equivalent to mailing. terminated or canceled or allowed to expire and in which the period for discovery has not expired at the time any such loss CANCELATION OF BOND thereunder is discovered, the total liability of the Underwriter under this Bond and under such other bonds or policies shall Section 13. This Bond may be canceled by the Insured by not exceed, in the aggregate, the amount stated in Item 3 of mailing to the Underwriter written notice stating when there- . the Declarations or the amount available to the Insured under after the cancelation shall be effective. This Bond may be can- such other bonds or policies, as limited by the terms and con- celed by the Underwriter by mailing to the Insured at the address ditions thereof, for any such loss, if the latter amount be the shown in this Bond written notice stating when, not less than larger. fifteen days thereafter, such cancelation shall be effective. The OTHER INSURANCE mailing of notice as aforesaid shall be sufficient proof of notice. Section 11. If there is available to the Insured any other Delivery of such written notice either by the Insured or by the insurance or indemnity covering any loss covered by this Bond, Underwriter shall be equivalent to mailing. the Underwriter shall be liable hereunder only for that part of If the Insured cancels, earned premium shall be computed such loss which is in excess of the amount recoverable or recov- in accordance with the customary short rate table and pro- ered from such other insurance or indemnity. cedure. If the Underwriter cancels,earned premium shall be CANCELATION AS TO ANY EMPLOYEE com- puted pro rata. Premium adjustment may be made at the time cancelation is effected or as soon as practicable after cancelation Section 12. This Bond shall be deemed canceled as to any becomes effective, but payment or tender of unearned premium Employee: (a) immediately upon discovery by the Insured, or by is not a condition of cancelation. In witness whereof, the Underwriter has caused this Bond to be executed on the Declarations page. J-New—Policy No. bending MUTUAL SERVICE CASUALTY INSURANCE COMPANY Box 43035/St. Paul, Minnesota 55164 ❑-Renewal—Policy No. 30 DAY INSURANCE BINDER ❑—Extension of Policy No. (Use separate binder far each line of Insurance) c1899 ,of Insgrfd peP911y and Address: Agent and No.: Coleman O. 9523 1 , 1.1"ilii 20920 McClellan Purpose of Binder Cupertino, Ca 95015 This binder is a temporary Insurance Contract to serve as evidence of in- surance pending issuance of: 'Z Policy ERenewal ❑Endorsement The Mutual Service Casualty Insurance Company is hereby bound by an insurance undertaking for the Insured named above subject to the condi- tions set forth below. Insurance is afforded only as respects such coverages as are checked and indicated with a Limit of Liability. TYPE OF INSURANCE ❑—Homeowners ❑— Fire ❑—Automobile General Liability ❑— Type— Type— Type— Type— Type— Description of Property,Operations,Locations,Automobiles Coverages and/or Insured Perils Limit of Liability 1 0 Liability policy . ❑— Type • H Bodily Injury $ 500,000 Agte Naming additional insured Property Damage $ 50,000 T as shown below H Medical $ 1,000 H 2. $ 0 st E $ O N $ E S $ I. ❑—Homeowners—HO ❑Home Protector H _ $ not . ' A.Dwelling � NGE E R $ w o C)`9M E,B•1 Pyet`V O" I B.Other Structures $ NCi.Ital•.• t{.h ' A4 C.Personal Property R M 03 F C.P 9�IA $ s 2. 17 {oe ' 7' D. Loss of Use o SCPRhone-, s.5 $ N lege? E.Personal Liability L II $ • y F.Medical Payments to Others Mortgagee or Loss Payee —Loss, if any, is payable to Ins ed and: The following clauses, special limitations or endorsements shall apply to this f@Ai li }Thi?9`k•G ADDITIONAL INSURED TO WIT: City of Cupertino 10300 % Torre Avenue Cupertino, Ca 95014 Original Binder to: ❑— Insure• ❑—Mortgage ❑— Loss Payee Li.—Other (Certificate Holder i In consideration of the Insured's agreement to pay a premium based on published or manual rules and rates, and subject to all the provisions of the policy customarily issued by the Company insuring against the perils specifically designated, it is agreed that insurance of the type named above is bound for a period of 30 days from the date hereof, terminating without notice at noon, Standard Time, on the 30th day Iron the date hereof,or such time prior-there' taos the Company's policy may be issued in lieu hereof insuring the described risk. A premium charge shall be made far the term of the Binder, calcu- lated in the manner provided above, unless a policy is issued by this Company and is accepted by the insured covering the Binder term. The issuance of such a policy shall void this Binder. The Binder may be cancelledat any time by the insured by its surrender to the Company or to this agent, or by giving notice to the Company or to this agent when thereafter the cancellation shall be effective. The Binder may .e cancelled by the Company, or by this agent in behalf of the Company, by moiling to the insured, at tiye address shown above, written notice statin• hen not less than 10 days thereafter such cancellation shall be effective.The mailing of y�fYJ noti es as aro said shall be sufficient notice. The effective •• e of cancellation stated in the notice shall become the end of the binder per- iod. De ' e wrltte notice shall be equivalent • mailing. / Bound t —A.M. — P. , this if �ay of .� , 19?� V By ` 0f Authorize• Representative Secretary This binder is not valid unless countersigned by a duly outhorited representative of the Company. PINK COPY TO NOME OFFICE 3 UM-358 (9-79) BUFF COPY TO AGENT STATE COMPENSATION P.O. BOX 807, SAN FRANCISCO,CALIFORNIA 94101 INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE June 20, 1980 City ofi Cupetctino Attn: Mekke Buitetc 10300 Tokxe Ave. CupehtU'to , Ca 4. 95014 This is to certify that we have issued a valid Workers'Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policiies. ic EMPLOYER l" PRESIDENT 1 Cupetct.ino Sen..on Day Setcviceh P. D. Box 622 Cupeattno, Ca2.i6. 95015 575418-80 6- 19-80/6- 19-81 SCIF FORM 262A(REV.8-78) COUNCIL ON AGING of Santa Clara County, Inc. 277 WEST HEDDING ST., SAN JOSE, CALIF. 95110 (408) 287-7111 June 26, 1980 Mr. Robert W. Quinlan, City Manager City of Cupertino 10300 Torte Ave. Cupertino, CA 95014 Dear Mr. Quinlan: Please refer to my letter of June 13, 1980, per- taining to a Focal Point grant of $30,408 for your City. In that letter I referred to an audit "from your City Auditor". This wording should have read from your City Finance Department. We regret any confusion. Cordially,iallyy29/ Helen Stokes Grants Manager HS/mg PLANNING, COORDINATION,AND ADVOCACY FOR SENIOR CITIZENS , r ,, COUNCIL ON AGING of Santa Clara County, Inc. 277 WEST HEDDING ST., SAN JOSE, CALIF. 95110 (408) 287-7111 June 13, 1980 BOARD of DIRECTORS OFFICERS . PRESIDENT Ed O'Rourke FIRST VICE PRESIDENT Mr. Robert W. Quinlan, City Manager BIB Baird city of Cupertino SECOND VICE PRESIDENT Dolores Cannon 10300 -Torre Avenue TREASURER Cupertino, California 95014 Angel Ventura SECRETARY C.W.Masonheimer Dear Mr. Quinlan: • ASST.SECRETARY • Barbara Batnick Since the Focal Point grant of $30,408 to your city has been DIRECTORS separated into two separate contracts to satisfy some recent Ernie Abeytia Federal and State requirements, perhaps some clarification is Manual Ares in order. Barbara Benevento Dwight M. Bissell,M.D. George Brown On the 4 months contract of $17,358.65 (June 1, 1980 to September Mary Charles 30, 1980) we will not require an audit within 45 days after the Dorothy Davie project terminates as required in the second paragraph of Article Elaine Dempsey Malatino Fags 12 of the contract. Marie Flemming Jeri Foley At the conclusion of the $13,049.35 contract for 9 months (October Olive Fritz Grace D.Gan 1, 1980 to June 30, 1981) we shall require only one audit and that Phillip Gonzalez audit would cover the period of June 1, 1980 to June 30, 1981. In Dorothy Gowen the case of a municipality (City of Cupertino) we do not require MildredFradk H Hanna Hanna an audit by a Certified Public Accountant; an audit from your City Borg Haugen Auditor would be sufficient. Judson Ingram Gertrude Knott Vic Lezzaro If there are any questions, please feel free to call me. John Lydon LaMora Lynch Rene Modell Cordially, Betty Moon 'J�`, /4/Z-1.--- Irma 2 Maria Nascimanto 'gilt J.W.Pattee / "` V t ' A Z-1.--- Irma Reese, Rolland Regnery Helen Stokes Irene J.Revis Grants Manager Robert Rowland Ramona M.Sarinana Martin Spare HS:sb Diana Steeples Pat Steward / S.Tom Takata,PhD Oct Pat Philip // • Dorothy Tash Ann Washington Roberta Yee, EXECUTIVE DIRECTOR Richard W.Fisher • i;TP 0AY,� United Way Agency 9 ADDENDUM TO AGREEMENT BETWEEN 6• THE CITY OF CUPERTINO AND CUPERTINO SENIOR r 30- 41 DAY SERVICES, INC. ir THIS ADDENDUM is entered into by and between the Ci��� of Cupertino (hereinafter the "City") and Cupertino Senior Day Services, Inc. , (hereinafter "CSDS") with reference to that certain agreement dated May 23, 1980. It is hereby agreed as follows: 1. CSDS will secure and maintain in force during the term of the grant a commercial fidelity bond in the penalty of either $10,000.00 or 20a of the total grant (whichever is larger) to protect against misappropriation of funds by any employee and/or volunteer officer of CSDS. 2. CSDS will procure and maintain comprehensive bodily injury and property damage caused by automotive vehicles used in the project's service operations, with limits of $300 , 000.00 for injury or death of one person in any one accidentj.; $500,000. 00 for injury or death of two or more persons in any one accident; and $100 ,000. 00 for property dam- age in any one accident. 3. CSDS will procure and maintain Worker's Compensation Insurance as prescribed by the laws of the State of California. 4. CSDS will provide the City with certificates of insurance to demonstrate that the required insurance has been procured. Each certificate shall indicate the name of the insurance company, the type of coverage, the policy number and its expiration date. It shall also indicate that there shall ,i,'7 be no dilution of coverage during the term of the policy nor shall it be cancelled or non-renewed without 10 days prior written notice to the City and to Council on Aging at 227 West Hedding Street, San Jose, California 95110.. CSDS agrees further that if its insurance is cancelled, modified, or becomes delinquent, the City and Council on Aging will be notified. 5. CSDS will name the Council on Aging as an additional insured on the comprehensive liability policy and Council on Aging' s name must appear on the certificates referred to above. 6. CSDS will give credit to the Council on Aging in its publicity for funding the project. 7. CSDS will, within 45 days after the project year, pro- vide the City with an audit by a certified public accountant. All costs of the audit shall be borne by CSDS. CSDS shall allow the State of California, upon request, access to all such records for audit or reviews at a reasonable time and place. CSDS shall allow authorized representatives of the City, the Council on Aging (277 W. Hedding Street, San Jose, California) , the California Department of Aging, and the U.S. Department of Health, Education, and Welfare to conduct on-site administrative reviews of the service operations. 8. There are no further or collateral agreements save and except for this Addendum and the agreement, and no waiver or modification of the contract exists except to the extent set forth herein. Dated: ity of Cupertino By Title Ctii -2- • By , (1,,--kr„ Title C Tcs a Ke Dated: Cupertino Senior Day Services, Inc. By T1 Title PuLti) r�a G�SDS -3-