13-091 Colleen Lopez DBL & Associates for consultant services for Community Development Department Housing ProgramJanuary 22, 2014
Colleen Lopez
DBA DBL & Associates
4126 Wells Street
Pleasanton, CA 94566
Re: Agreement
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366
WEBSITE: www.cupertino.org
Enclosed is a fully executed original copy of the second amendment to your agreement
with the City of Cupertino. If you have any du�estions or need additional information,
please contact the Community Development Department at (408) 777 -3308.
Sincerely,
Dorothy Stee fott
Senior Office Assistant
cc: Planning
Enclosure
SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN
THE CITY OF CUPERTINO AND COLLEEN LOPEZ, dba DBL & ASSOCIATES, FOR
CONSULTING SERVICES FOR THE COMMUNITY DEVELOPMENT DEPARTMENT
:HOU�SIR ROGRAM
U
This Second Amendment to the Consultant Services Agreement between the City of
Cupertino and DBL & Associates, for reference dated December 12, 2013, is by and between
the CITY OF CUPERTINO, a municipal corporation (hereinafter "City ") and Colleen Lopez,
an individual, whose address is 4126 Wells Street, Pleasanton, CA 94566, (hereinafter
"Contractor "), and is made with reference to the :Following:
RECITALS:
A. On June 10th, 20.13, an agreement was entered into by and between City and
Colleen Lopez (hereinafter "Agreement ").
B. City and Contractor desire to modify the Agreement on the terms and
conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties
as follows:
1. Exhibit A - Scope of Services, to the Agreement is amended and replaced to read
as show in the attachments to this Amendment.
2. Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
[remainder of page intentionally left blank]
Amendment #1 Colleen Lopez, dba DBL & Associates, Agreement — Consultant Services for CDD Housing Program
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT
Colleen ez
By -
Title � xv or c?'t ClnQ
Date. IZi 1Z l Zc1
EXPENDITURE DISTRIBUTION
CITY OF CUPERTINO
A Municipal Corporation
By Aarti Shrivastava
Title Director, CDD
Date December 12, 2013
i
- II
APT ROVED AS TO FORM:
Caro Korade, City Attorne
ATTEST:
/
C ~
Grace Schmidt, City Clerk
Acct # 265 -7405 -7014
Contract Amount:
$15,360
PO #00058116
Amendment #1
$19,200
t/�--
Amendment #2
$5,450
Total Amount:
$40,010
Amendment #1- Colleen Lopez, dba DBL & Associates, Agreement - Consultant Services for CDD Housing Program
Colleen M. Lopez
December 11, 2013
City of Cupertino
Scope of Work
I am pleased to submit this amended Scope of Work to the City of Cupertino,
Community Development Department. On the existing contract between the City of
Cupertino and myself there is $2,240.00 remaining. The following scope of work adds an
additional $5,450.00 to the existing contract to finish items related to HUD's monitoring
visit of the City's CDBG program; annual monitoring of the City's CDBG recipients; and a
training for the CDBG subrecipients.
The following Scope of Work is meant to serve as a guide and adjustments /amendments
can be made based on future discussions with the City.
Responsibilities will include:
Provide assistance and training to th
responsibilities of the City's Community
Below Market Rate (BMR) programs.
Senior Planner as he assumes the
Development Block Grant (CDBG) and
II. Finish and review with City staff the new policies and procedures manual for the
Minor Repair Program.
III. Develop a policies and procedures manual for the management of CDBG loans.
IV. Prepare and conduct a two -hour training for the City's CDBG subrecipients.
V. Conduct annual monitoring of the City's the subrecipients. Meet with appropriate
subrecipient staff members; review administrative, financial and project files; and
complete monitoring reports and letters.
Estimated Amount of Time to Complete Scope of Work
Task
.Cost
Hours
1. Minor Repair Policies and Procedures
$800.00
10
Manual
2. Rehabilitation Loan Policies and Procedures
$4,000.00
50
Manual
3. Assistance and Training to Senior Planner
$400.00
5
as needed
4. CDBG Subrecipient Training
$480.00
6
5. Complete 2014 Monitoring of CD13G
$2,000:00
25
Subreci ients
REAINING BALANCE ON EXISTING
$2,240.00
CONTRACT
ADDITIONAL FUNDS TO BE ADDED TO
REMAINING BALANCE ON EXISITING
$5,450.00
68.125
CONTRACT
TOTAL COSTS & HOURS FOR ITEMS 1 -5
$7;690.00
96
Hourly Rate for Colleen M. Lopez - $80 /hour
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366
WEBSITE: www.cupert no.org
CUPERTINO
October 8, 2013
Colleen Lopez
Re: Agreement
Enclosed is a fully executed original copy of the first amendment to your agreement
with the City of Cupertino If you have any questions or need additional information,
please contact the Community Development Department at (408) 777 -3308.
Sincerely,
Dorothy Ste fott
Senior Office Assistant
Enclosure
cc: Planning
FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE
CITY OF CUPERTINO AND COLLEEN LOPEZ, dba DBL & ASSOCIATES, FOR
CONSULTING SERVICES FOR THE COMMUNITY DEVELOPMENT DEPARTMENT
HOUSING PRQOitAM
�y� 0-gT
V _
This First Amendment to the Consultant Services Agreement between the City of
Cupertino and DBL & Associates, for reference dated September 19, 2013, is by and
between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City ") and
Colleen Lopez, an individual, whose address is 4126 Wells Street, Pleasanton, CA 94566,
(hereinafter "Contractor "), and is made with reference to the following:
RECITALS:
A. On June 10t", 2013, an agreement was entered into by and between City and
Colleen Lopez (hereinafter "Agreement ").
B. City and Contractor desire to modify the Agreement on the terms and
conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties
as follows:
1. Exhibit A - Scope of Services, to the Agreement is amended and replaced to read
as show in the attachments to this Amendment.
2. Except as expressly modified herein, a:ll other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
[remainder of page intentionally left blank]
Amendment #1— Colleen Lopez, dba DBL & Associates, Agreement — Consultant Services for CDD Housing Program
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT
Colleen Lo ez
By -�
Title ''. (A R
Date la_(2013
EXPENDITURE DISTRIBUTION
CITY OF CUPERTINO
A Municipal Corporation
By Gary Chao
Title City Planner
Date September 19, 2013
RECOMMENDED FOR APPROVAL:
to
APPROVED AS TO FORM:
owy"a"r
arol Korade, City Attorn
ATTEST:
Grace Schmidt, City Clerk /1) �l l
Acct # 265- 7405 -7014
Contract Amount:
$15,360
PO #00058116
Amendment #1
o �
A66 - -1-" 1 - -0i
16
Total Amount:
$34,560
9__1 �4 C 14 � �3
Exhibit A
Scope of Services and Compensation
1. Scope of Services: Consultant shall provide housing planning consulting services as
requested by City for the CDBG, BMR, and Affordable Housing programs in Cupertino,
(the "Project ").
Staff assigned to the Project by Consultant shall be preapproved by the City of
Cupertino's City Planner, and shall be removed immediately upon City's request and
replaced with an approved substitute.
2. Compensation:
City shall compensate Consultant for professional services in accordance with the terms
and conditions of this Agreement based on the rates and compensation schedule set
forth below. Compensation shall be calculated based on the hourly rates set forth below
up to the not to exceed budget amount set forth below.
The compensation to be paid to Consultant under this Agreement for all services
described in Exhibit A and reimbursable expenses shall not exceed a total of thirty four
thousand five hundred sixty dollars, $34,560.00. Any work performed or expenses
incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth herein shall be at no cost to the City.
Rates:
Hourly Rate: $80hour, for an estimated 432 hours, not to exceed $34,560
Title: Housing Planning Consultant Services
Invoices
In order to request payment, Consultant shall submit monthly invoices to the CITY
describing the services performed and the applicable charges (including a summary of
work performed during that quarter, personnel who performed the services, hours
worked, task(s) for which work was performed).
Reimbursable Expenses
Meeting attendance will be calculated at the hourly rate.
Additional Services
Consultant shall provide additional services outside of the services identified in Exhibit
A only by advance written authorization from the City's Project Manager prior to
commencement of any additional services. Consultant shall submit, at the Project
Manager's request, a detailed written proposal including a description of the scope of
additional services, schedule, and proposed maximum compensation.
Colleen M. Lopez
August 13, 2013
City of Cupertino
Scope or Work
I am pleased to have the opportunity to submit this Scope of Work to the City of
Cupertino, Community Development Department. The following Scope of Work is meant
to serve as a guide and adjustments /amendments can be made based on future discussions
with the City.
Responsibilities will include:
I. Provide general administration for the City of Cupertino's Community
Development Block Grant (CDBG) Program which will include the following
tasks:
a. Review quarterly performance reports from subrecipients;
b. Prepare disbursement requests:;
c. Enter data into IDIS and Citydata; and
d. Closeout files at the end of the fiscal year.
II. Complete the annual CAPER report.
III. Oversee the completion of a CDBG procedural manual.
IV. Work with community partners and provide direction and staff support, as
needed, for the formation of a County- -wide HOME consortium.
V. Assist with the subrecipient CDBG and City contract preparation.
VI. Provide staff support on the dissolution of Senior Housing Solutions and assist in
the assignment of the deed of trust to Charities Housing Corporation.
VII. Assist with the monitoring visit by the U.S. Department of Housing and Urban
Development.
Estimated Amount of Time to Complete S"ie of Work
I will be available to the City of Cupertino until a replacement is hired to assume the
responsibilities.
Hourly Rate
Colleen M. Lopez $80 /hour
1
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366
WEBSITE: www.cupertino.org
CUPERTINO
July 5, 2013
Colleen Lopez
Re: Agreement
Enclosed is a fully executed original copy of your agreement with the City of Cupertino
If you have any questions or need additional information, please contact the Planning
Department at (408) 777 -3308.
Sincerely,
1:)CA4 >6�
Dorothy Steenfott
Senior Office Assistant
City of Cupertino
Enclosure
cc: Planning
AGREEMENT BETWEEN THE CITY OI? CUPERTINO AND DBL & Associates
F0BjtgHgjLTANT SERVICES FOR Community Development Department
Housing Program
THIS AGREEMENT, for reference dated June 10, 2013, is by and between CITY
OF CUPERTINO, a municipal corporation (hereinafter referred to as "City "), and
Colleen Lopez, an individual, whose address is
(hereinafter referred to as "Consultant "), and is made with reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is now
being conducted under the Constitution and the statutes of the State of California and the
Cupertino Municipal Code.
B. Consultant is specially trained., experienced and competent to perform the
special services which will be required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement on the
terms and conditions described herein.
D. City and Consultant desire to enter into an agreement for upon the terms
and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM:
The term of this Agreement shall commence on May 21, 2013, and shall
terminate on December 31, 2013, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A" which is
attached hereto and incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT:
Consultant shall be compensated for services performed pursuant to this
Agreement in the amount set forth in Exhibit "A" which is attached hereto and
incorporated herein by this reference. Payment shall be made by checks drawn on the
treasury of the City, to be taken from the 265 -7405 fund. For the full performance of this
Agreement, CITY shall pay CONTRACTOR $80 per hour, not to exceed $15,360.
4. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the performance of
this Agreement.
5. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner commensurate
with the prevailing standards of like professionals in the San Francisco Bay Area and
agrees that all services shall be performed by qualified and experienced personnel who
are not employed by the City nor have any contractual relationship with City.
6. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by this
Agreement is that of employer- independent contractor. The manner and means of
conducting the work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment will be acquired by virtue of Consultant's
services. None of the benefits provided by City to its employees, including but not
limited to, unemployment insurance, workers' compensation plans, vacation and sick
leave are available from City to Consultant, its employees or agents. Deductions shall
not be made for any state or federal taxes, FICA payments, PERS payments, or other
purposes normally associated with an employer- employee relationship from any fees due
Consultant. Payments of the above items, if required, are the responsibility of
Consultant.
6. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Consultant assumes any and all responsibility for verifying the identity and
employment authorization of all of his/her employees performing work hereunder,
pursuant to all applicable IRCA or other federal, or state rules and regulations.
Consultant shall indemnify and hold City harmless from and against any loss, damage,
liability, costs or expenses arising from any noncompliance of this provision by
Consultant.
7. NON - DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are unacceptable
employer /employee conduct, Consultant agrees that harassment or discrimination
directed toward a job applicant, a City employee, or a citizen by Consultant or
Consultant's employee or subcontractor on the basis of race, religious creed, color,
national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or
sexual orientation will not be tolerated. Consultant agrees that any and all violations of
this provision shall constitute a material breach of this Agreement.
8. HOLD HARMLESS:
Indemnification:
Consultant shall, to the fullest extent allowed by law, with respect to all services
performed in connection with the Agreement, indemnify, defend, and hold
harmless the City and its officers, officials, agents, employees and volunteers
from and against any and all liability, claims, actions, causes of action or demands
whatsoever against any of them, including any injury to or death of any person or
damage to property or other liability of any nature, whether physical, emotional,
consequential or otherwise, arising; out, pertaining to, or related to the
performance of this Agreement by Consultant or Consultant's employees,
officers, officials, agents or independent contractors. Such costs and expenses
shall include reasonable attorneys' fetes of counsel of City's choice, expert fees
and all other costs and fees of litigation.
A. Claims for Professional Liability. Where the law establishes a
standard of care for Consultant's professional services, and to the extent the
Consultant breaches or fails to meet. such established standard of care, or is
alleged to have breached or failed to meet such standard of care, Consultant shall,
to the fullest extent allowed by law, with respect to all services performed in
connection with the Agreement, indemnify, defend, and hold harmless the City
and its officers, officials, agents, employees and volunteers from and against any
and all liability, claims, actions, causes of action or demands whatsoever against
any of them, including any injury to or death of any person or damage to property
or other liability of any nature, that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of Consultant or Consultant's
employees, officers, officials, agents cr independent contractors. Such costs and
expenses shall include reasonable attorneys' fees of counsel of City's choice,
expert fees and all other costs and fees of litigation. Consultant shall not be
obligated under this Agreement to indemnify City to the extent that the damage is
caused by the sole negligence or willful misconduct of City, its agents or
employees.
B. Claims for Other Liability. Consultant shall, to the fullest extent
allowed by law, with respect to all services performed in connection with the
Agreement indemnify, defend, and :hold harmless the City and its officers,
officials, agents, employees and volunteers from and against any and all liability,
claims, actions, causes of action or demands whatsoever against any of them,
including any injury to or death of any person or damage to property or other
liability of any nature, that arise out of, pertain to, or relate to the performance of
this Agreement by Consultant or Consultant's employees, officers, officials,
agents or independent contractors. Such costs and expenses shall include
reasonable attorneys' fees of counsel of City's choice, expert fees and all other
costs and fees of litigation.
9. INSURANCE:
On or before the commencement of the term of this Agreement, Consultant shall
furnish City with certificates showing the type, amount, class of operations covered,
effective dates and dates of expiration of insurance coverage in compliance with
paragraphs 9A, B, C, D and E. Such certificates, which do not limit Consultant's
indemnification, shall also contain substantially the following statement: "Should any of
the above insurance covered by this certificate be canceled or coverage reduced before
the expiration date thereof, the insurer affording coverage shall provide thirty (30) days'
advance written notice to the City of Cupertino by certified mail, Attention: City
Manager." It is agreed that Consultant shall maintain in force at all times during the
performance of this Agreement all appropriate coverage of insurance required by this
Agreement with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements naming the City as
additional insured shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum
limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate - all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in
the amounts of $1,000,000 will be considered equivalent to the
required minimum limits shown above.
(3) Automotive:
Comprehensive automotive liability coverage in the following
minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for which
he /she has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to his /her insurance for recovery. Consultant hereby grants
to City, on behalf of any insurer providing comprehensive general and automotive
liability insurance to either Consultant or City with respect to the services of Consultant
herein, a waiver of any right to subrogation which any such insurer of said Consultant
may acquire against City by virtue of the payrnent of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the tenn hereof should fail to secure or maintain
the foregoing insurance, City shall be permitted to obtain such insurance in the
Consultant's name or as an agent of the Consultant and shall be compensated by the
Consultant for the costs of the insurance premiums at the maximum rate permitted bylaw
and computed from the date written notice is received that the premiums have not been
paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees and
volunteers shall be named as an additional insured under all insurance coverages, except
any professional liability insurance, required by this Agreement. The naming of an
additional insured shall not affect any recovery to which such additional insured would
be entitled under this policy if not named as such additional insured. An additional
insured named herein shall not be held liable for any premium, deductible portion of any
loss, or expense of any nature on this policy or any extension thereof. Any other
insurance held by an additional insured shall not be required to contribute anything
toward any loss or expense covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being sufficient to
protect Consultant. Consultant is advised to confer with Consultant's insurance broker to
determine adequate coverage for Consultant.
10. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to perform
the services required by this Agreement. Consultant may be required to fill out a conflict
of interest form if the services provided under this Agreement require Consultant to make
certain governmental decisions or serve in a staff capacity as defined in Title 2, Division
6, Section 18700 of the California Code of Regulations.
11. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or
any interest therein, directly or indirectly, by operation of law or otherwise, without prior
written consent of City. Any attempt to do so without said consent shall be null and void,
and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer. However, claims for
money by Consultant from City under this Agreement may be assigned to a bank, trust
company or other financial institution without prior written consent. Written notice of
such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture
or syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power of the corporation.
12. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and
subcontractors whose names and resumes are attached to this Agreement shall be used in
the performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors shall be
required to furnish proof of workers' compensation insurance and shall also be required to
carry general, automobile and professional liability insurance in reasonable conformity to
the insurance carried by Consultant. In addition, any work or services subcontracted
hereunder shall be subject to each provision of this Agreement.
13. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the term of
this Agreement, all appropriate permits, certificates and licenses including, but not
limited to, a City Business License, that may be required in connection with the
performance of services hereunder.
14. REPORTS:
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as "Report", reproduced, prepared or
caused to be prepared by Consultant pursuant to or in connection with this Agreement,
shall be the exclusive property of City. Consultant shall not copyright any Report
required by this Agreement and shall execute appropriate documents to assign to City the
copyright to Reports created pursuant to this Agreement. Any Report, information and
data acquired or required by this Agreement shall become the property of City, and all
publication rights are reserved to City. Consultant may retain a copy of any report
furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in execution or
implementation of:
(1) The original Project for which Consultant was hired;
(2) Completion of the original Project by others;
(3) Subsequent additions to the original project; and /or
(4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City may require,
furnish reports concerning the status of services required under this Agreement.
D. All Reports required to be provided by this Agreement shall be printed on
recycled paper. All Reports shall be copied on both sides of the paper except for one
original, which shall be single sided.
E. No Report, information or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
15. RECORDS:
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in sufficient
detail to permit an evaluation of services. All such records shall be maintained in
accordance with generally accepted'accountin; principles and shall be clearly identified
and readily accessible. Consultant shall provide free access to such books and records to
the representatives of City or its designees at all proper times, and gives City the right to
examine and audit same, and to make transcripts therefrom as necessary, and to allow
inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be kept separate
from other documents and records and shall be maintained for a period of three (3) years
after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns
raised by City's preliminary examination or audit of records, and the City's supplemental
examination or audit of the records discloses a failure to adhere to appropriate internal
financial controls, or other breach of contract or failure to act in good faith, then
Consultant shall reimburse City for all reasonable costs and expenses associated with the
supplemental examination or audit.
16. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the second business day after the deposit thereof in the United States
Mail, postage prepaid, registered or certified, addressed as hereinafter
provided.
All notices, demands, requests, or approvals from Consultant to City shall be
addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Julia Kinst
All notices, demands, requests, or approvals from City to Consultant shall be
addressed to Consultant at:
Colleen Lopez
4126 Wells Street
Pleasanton, CA 94566
17. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, Consultant shall be deemed in default in
the performance of this Agreement. If such default is not cured within within the time
specified after receipt by Consultant from City of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, City may terminate
the Agreement forthwith by giving to the Consultant written notice thereof.
City shall have the option, at its sole discretion and without cause, of terminating
this Agreement by giving seven (7) days' prior written notice to Consultant as provided
herein. Upon termination of this Agreement, each party shall pay to the other party that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
18. NONDISCRIMINATION
Consultant certifies and agrees that he /she will not discriminate against any
employee or applicant for employment because of race, color, religion, national origin,
ancestry, sex, age, or condition or physical or mental handicap (as defined in 41 C.F.R.
Section 60 -741, et. seq.), in accordance with requirement of state or federal law.
Consultant shall take affirmative action to ensure that qualified applicants are employed
and that employees are treated during employment without regard to race, color, religion,
national origin, ancestry, sex, age, or condition of physical or mental handicap in
accordance with requirements of state and federal law. Such shall include, but not be
limited to, the following:
A. Employment upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation.
B. Selection for training, including interns and apprentices.
Consultant agrees to post in conspicuous places in each of Consultant's facilities
providing services hereunder, available and open to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination clause.
Consultant shall, in all solicitations or advertisements for employees placed by or
on behalf of Consultant, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, national origin, ancestry, sex, age, or
condition of physical or mental handicap, in accordance with requirements of state and
federal law.
Consultant shall send to each labor union or representative of workers with which
he /she has a collective bargaining agreement or other contract or understanding a notice
advising the labor union or workers' representative of Consultant's commitments under
this paragraph.
Consultant certifies and agrees that he /s!ie will deal with his /her subcontractors,
bidders, or vendors without regard to race, color, religion, national origin, ancestry, sex,
age, or condition of physical or mental handicap, in accordance with requirement of state
and federal law.
In accordance with applicable state and federal law, Consultant shall allow duly
authorized county, state and federal representatives access to his /her employment records
during regular business hours in order to verify compliance with the anti - discrimination
provisions of this paragraph. Consultant shall provide such other information and records
as such representatives may require in order to verify compliance with the anti-
discrimination provisions of this paragraph.
If the City finds that any of the provisions of this paragraph have been violated,
the same shall constitute a material breach of Agreement upon which City may determine
to cancel, terminate, or suspend this Agreement. City reserves the right to determine
independently that the anti - discrimination provisions of this Agreement have been
violated. In addition, a determination by the California Fair Employment Practices
Commission or the Federal Equal Employment: Opportunity Commission that Consultant
has violated state and federal anti - discrimination laws shall constitute a finding by City
that Consultant has violated the anti - discrimination provisions of this Agreement.
The parties agree that in the event Consultant violates any of the anti-
discrimination provisions of this paragraph, City shall be entitled, at its option, to the sum
of $500.00 pursuant to California Civil Code Section 1671 as liquidated damages in lieu
of canceling, terminating, or suspending this Agreement.
Consultant hereby agrees that he /she wr.Il comply with Section 504 of the
Rehabilitation Act of 1973, as amended (29 U. S.C. Section 794), all requirements
imposed by the applicable regulations (45 C.F.R.), and all guidelines and interpretations
issued pursuant thereto, to the end that no qualified handicapped person shall, on the
basis of handicap, be excluded from participation in, be denied the benefits of, or
otherwise be subjected to discrimination under any program or activity of Consultant
receiving Federal Financial Assistance. In addition, Consultant shall comply with the
Uniform Federal Accessibility Standards, and Contractor, Engineer, or Architect
responsible for any design, construction or alteration shall certify compliance with those
Standards.
Consultant's attention is directed to laws, including but not limited to:
A. CIVIL RIGHTS/EQUAL OPPORTUNITY
(1) Civil Rights Act of 1964. Under Title VII of the Civil Rights Act of
1964, no person shall, on the grounds of race, sex, religion, color, or national origin, be
excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance.
(2) Section 109 of the Housing and Community Development Act of 1974.
No person in the United States shall, on the grounds of race, color, national origin, or sex,
be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with funds made
available under this title.
Section 109 of the Act further provides that any prohibition against discrimination
on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or
with respect to an otherwise qualified handicapped individual as provided in Section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794) shall also apply to any program or
activity funded in whole or in part with funds made available pursuant to the Act.
B. PROGRAM ACCESSIBILITY FOR INDIVIDUALS WITH
DISABILITIES
This Agreement is subject to laws and regulations concerning the rights of
otherwise qualified individuals with handicaps for equal participation in, and benefit from
federally assisted programs and activities, including but not limited to:
(1) Americans with Disabilities Act of 1990 (ADA) (28 CFR 35). Title II,
Subpart A of the Americans with Disabilities Act of 1990 applies to all publicly funded
activities and programs. Consultant shall also comply with the public accommodations
requirements of Title III of the ADA, as applicable.
(2) Nondiscrimination on the Basis of Handicap (24 CFR 8). These
regulations, which implement Section 504 of the Rehabilitation Act of 1973, as amended,
and as cited in Section 109 of the Housing and Community Development Act, apply to all
federally assisted activities and programs and are implemented through the regulations at
24 CFR 8.
(3) Architectural Barrier Act of 1968. Any building or facility, excluding
privately owned residential structures, designed, constructed, or altered with federal
funds, shall comply with the Uniform Federal Accessibility Standards, 1984 (41 CFR 3)
and the Handicapped Accessibility Requirements of the State of California Title 24. The
Consultant, Engineer or Architect responsible i:or such design, construction or alteration
shall certify compliance with the above standards.
(4) In resolving any conflict between the accessibility standards cited in
paragraphs (1), (2) and (3) above, the more stringent standard shall apply.
19. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances, rules and
regulations enacted or issued by City.
20. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State
of California excepting any choice of law rules which may direct the application of laws
of another jurisdiction. The Agreement and obligations of the parties are subject to all
valid laws, orders, rules, and regulations of the authorities having jurisdiction over this
Agreement (or the successors of those authorities.)
Any suits brought pursuant to this Agreement shall be filed with the courts of the
County of Santa Clara, State of California.
21. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show bills, lithographs, posters or cards of any kind
pertaining to the services performed under this Agreement unless prior written approval
has been secured from City to do otherwise.
22. WAIVER:
A waiver by City of any breach of any term, covenant, or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained herein, whether of the same or a different
character.
22. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereof. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
23. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement shall
be deemed to be enacted herein, and the Agreement shall be read and enforced as though
each were included herein. If through mistake or otherwise, any such provision is not
inserted or is not correctly inserted, the Agreement shall be amended to make such
insertion on application by either party.
24. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the
Agreement and in no way affect, limit or amp] ify the terms or provisions of this
Agreement.
IN WITNESS WHEREOF, the parties :aave caused the Agreement to be executed.
CONSULTANT
Colleen Lo ez
By
Title Sonior Ord e y\ Qr
Date 2 O
EXPENDITURE DISTRIBUTION
CITY OF CUPERTINO
A Municipal Corporation
By 4;444 ,
Title �/Z • df 62LI1UN/Jj
Date
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RECOMMENDED FOR. - PPROVAL:
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APP ZOVEDAS TO FORM:
Cit ttorney
ATTEST:
City Clerk
265 -7405 $15,360.00
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EXHIBIT A
Colleen M. Lopez
May 23, 2013
City of Cupertino
Scope of Mork
I am pleased to have the opportunity to submit this Scope of Work to the City of
Cupertino, Community Development Department. The following Scope of Work is meant
to serve as a guide and adjustments /amendments can be made based on future discussions
with the City.
Responsibilities will include:
I. Provide general administration for the City of Cupertino's Community
Development Block Grant (CDBG) Program which will include the following
tasks:
a. Review quarterly performance reports from subrecipients;
b. Prepare disbursement requests;
c. Enter data into IDIS and Citydata; and
d. Closeout files at the end of the fiscal year.
II. Complete the annual CAPER report.
III. Oversee the completion of a CDBG prccedural manual.
IV. Work with community partners and provide direction and staff support, as
needed, for the formation of a County -xvide HOME consortium.
V. Assist with the subrecipient CDBG and City contract preparation.
VI. Provide staff support on the dissolution of Senior Housing Solutions and assist in
the assignment of the deed of trust to Charities Housing Corporation.
Estimated Amount of Time to Complete Scope of Work
I will be available to the City of Cupertino until a replacement is hired to assume the
responsibilities.
Hourly Rate
Colleen M. Lopez $80/hour
1