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88-072 Emergency Housing Consortium
.. I , contract No. CO 88-33 This Agreement is made and entered into this 22nd day of December, 19....§.!L, by and between the city of CUpertino, a :rm.micipal corporation (hereinafter "CITY") and Emergency Housing consortium, a non-profit corporation (hereinafter "a:>RroRATION"). WITNESSETH WHEREAS, CITY has received community Development Block Grant (hereinafter "CDooII) funds through a Joint Powers 1\greement with Santa Clara Colmty, which is an Uman Colmty entitled to CDOO funds from the Federal Department of Housing and Urban Development. WHEREAS, CITY has agreed to allocate a IXlrtion of its CDOO funds to CORroRATION as a sub-recipient for housing-related activities within the CITY which shall primarily benefit low and moderate income households. NOW, 'IHEREFORE, the pqrt1es agree as follows: I. PROGRAM CITY agrees to allocate to the CORroRATION the sum of five thousand dollars ($5.000) in CDOO funds for the purpose of implementing the housing ptoglam (hereinafter "PROGRAM") as more particularly described in Exhibit "A" (Progran\ Description), Exhibit "B" (Project Work Plan), Exhibit "C" (Proposed Implementation T:iJne scheduJ.e), and Exhibit "0" (Project Budget). II. TEFlM The teJ::m of this 1\greement shall begin on July 1, 1988 and shall terminate on the earlier of June 30. 1989 , or the date of the expenditure of the total grant amount provided for herein, or Up:lll the termination date established pursuant to Section V or Section VII. -1- I . . III. OBUGATIONS OF rom:oRATION A. Qrganizationof rom:oRATION. rom:oRATION shall: 1. Provide CITY with: a. Its Articles of Incorporation under 1:::he laws of the state of california1 b. A c:opy of the current Bylaws of rom:oRATION: c. Documentation of its Internal Revenue Service non-profit status; d. Names and addresses of the current Board of Directors of CORroRATION; and, e. An adopted c:opy of rom:oRATION's personnel policies and procedures and approved affil::mative action plan. 2. Report any changes in rom:oRATION's Articles of Incorporation, Bylaws, Board of Directors, personnel policies and procedures, affil::mative action plan,er tax exempt status immediately to PROGRAM MANAGER. 3. Maintain no member of its Board of Directors as a paid employee, agent or subcontractor under this Agreemen:t:.. 4. Open to the public all :meetings of its Board of Directors, except meetings, er portions thereof, dealing with personnel or litigation matters. . 5. Keep minutes of all its regular and special meetings. 6. Conply with all provisions of california Non-Profit Corporation raw. B. Prog"rdlll Performance by rom:oRATION. rom:oRM'ION shall: 1. COnduct the PROGRAM within the City of CUpertino for the purpose of benefiting low and :moderate income households. 2. File quarterly narrative reports with the CITY on the types and numbers of services rendered to CUpertino beneficiaries through the operation of the project, which reports shall evaluate the manner in which the project is achieving its goals according to standards established by CITY. The Iepozts shall be due within ten (10) working days of the erid of each quarter and shall cover the quarter immediately pteced.ing the date on which the report is filed. Said:reports shall be made on forms approved by ClTlt'. -2- .' 3. Coordinate its sel:Vices with other existing organizations providing sllnilar Sel:Vices in order to foster COll1lI1lIIlity cooperation and to avoid unnecesscu:y duplication of Sel:Vices. 4. Seek out and apply for other sources of revenue in support of its operation or Sel:Vices from local, state, federal and private sources and, in the event of such awani, infom CITY within ten days. 5. Include an acknowledgement of CITY funding and support on PROGRAM stationery and on all appropriate publicity and publications using words to the effect: "funded in whole or part by City of CUpertino cammunity Development Block Grant Funds." C. Fiscal Responsibilities of CORPORATION. CORroRATION shall: 1. Appoint and SUbmit the name of a fiscal agent who shall be responsible for the financial and accounting activities of CORPORATION, including the receipt and disbursement of CORroRATION funds. The CITY shall iImned.iately be notified in writing of the appointment of a new fiscal agent and that agent's name. 2. Establish and maintain an accounting system that shall be in confO:tl!lance with generally accepted principles of accotmting. The aCCOtmting system shall be subject to review and approval of CITY. 3. Document all PROGRAM costs by maintaining records in accordance with Section III, Paragraph D below. 4. SUbmit on a quarterly basis, withl,n ten (10) working days of the end of the quarter, a reilllbursement request containing a smmnary statement of expenditures and revenue for the quarter iImned.iately preceding the date on which the report is filed and cumulative totals from the effective date of this agreement. Said reports shall be made on fo:tl!lS approved by city. 5. SUbmit for approval by CITY any lease agreement either contemplated or in effect. 6. certify insurability subject to CITY approval as outlined in Exhibit "E" (Insurance). 7. If applicable, submit an indirect cost plan to CITY for approval. 8. Items 1 through 7 are express conditions precedent to any CITY funding and failure to CClIl'g;Jly with these conditions will, at discretion of CITY, result in suspension of funding or te:tl!lination of this Agreement. -3- 9. OJRroRATION is liable for repayment of all disallowed =sts. Disallowed costs may be identified through audits, monitoring or other sources. OJRroRATION shall be required to respond to any adverse findings which may lead to disallowed =sts. The CI'IY shall make the final detennination of disallowed costs, subject to provisions of OMB Circular A-122, "Cost Principles for Non-Profit Chganizations." D. Establishment and Maintenance of Records. OJRFORATION shall maintain complete and a=rate records of all its transactions including, but not lllnited to, contracts, invoices, tiJne cards, cash receipts, vouchers, cancelled checks, bank statements, client statistical records, personnel, property and all other pertinent records sufficient to reflect properly (1) all direct and indirect costs of whatever nature clallned to have been incurred = anticipated to be incurred to perfoDll this Agreement or to operate the PROGRAM, and (2) all other matters covered by this Agreement. E. Presezvation of Records. OJRFORATION shall preserve and make available its records: 1. until the expiration of three years from the date of final payment to OJRroRATION under this Agreement; or 2. for such longer period, if any as is required by applicable law; or, 3. if this Agreement is completely or partially tenninated, the records relating to the work tenninated shall be preseJ:Ved and made available for a period of three years from the date of tennination. F. Examination of Records; Facilities. At any tiJne during no:onal business hours, and as often as may be deemed necessary, OJRFORAT.ION agrees that HOD and the CI'IY and/or any duly auth=ized representatives may until expiration of (1) three years after final payment under this Agreement, (2) three years from the date of tennination of this Agreement, or (3) such longer period as may be described by applicable law, have access to and the right to examine its plants, offices and facilities used in the perfo:onance of this Agreement or the operation of the PROGRAM, and all its records with respect to the PROGRAM and all matters covered by this Agreement. OJRFORATION also agrees that CI'IY or any duly authoriZed representatives shall have the right to audit, examine, and make excerpts or transactions of and from, such records and to make audits of all contracts and subcontracts, invoices, payrolls, records of personnel, conditions of employment, materials and all other data relating to the PROGRAM and matters covered by this Agreement. OJRroRATION will be notified in advance that an audit will be conducted. OJRroRATION will be required to respond to any audit findings, and have the responses included in the final audit report. The cost of any such audit will be borne by CI'IY • -4- ,'. '. G. Compliance with Iaw. CX>RroRATION shall be=me familiar and camply with and cause all its subcontractors and employees, if any, to be=me familiar and camply with all applicable federal, state and local laws, OJ:di.panc:es, codes, regulations and decrees including, but nat limited. to, those federal rules and regulations, executive orders and statutes identified in Exhibit "F" (Assurances.) Specifically I ~ON shall camply with the requirements and standa:I:1:ls of OMB Ci=llar No. A-122, "COst Principles for Non-Profit organizations" and the following attachments to OMB Ci=.!lar No. A-llO: 1. Attachment A, "cash Depositories," except f= Paragraph 4 concerning deposit insu:rance; 2. Attachment B, "Bond:inq and Insurance;" 3. Attachment c, ''Retention and CUstodial ~ f= Records;" 4. Attachment F, "standards f= Financial Management systems;" 5. Attachment H, ''Monit=ing and Reporting PrograItl Perfor.maI1CEl, II Paragraph 2; 6. Attachment N, "Property Management Standards," except for Paragraph 3 concerning the standards f= real property; and 7. Attachment 0, "P:rocurement Standards." rv. OBLIGM'IONS OF CI'IY A. .Metbod of Payment. Dlring the term of this Agreement, CITl/' shall reimburse ~ON for all allowable costs and expenses i.ncu.n:ed in connection with the PROGRAM, not to exceed the total sum of five thousand dollars ($5.000), except that City my, at any time in its absolute discretion, elect to suspend = terminate payment to OJRroRATION, in whole = in part, under this Agreement or nat to :makE! any partiqular payment under this Ag:I::eeme:nt based on ~ON's non-compliance, including, :but not limited to, incamplete documentation of expenses, failure to 6I.ibmit adequate pJ:ogJ:ess :repoJ:ts as required herein = other incidents of non-compliance as described in Section V, Paragraph B, of this Ag:ree.ment or based on the :refusal by CORPORATION to accept any additional conditions that my be imposed by HUD at any time, = based on the suspension = tend nation of the grant to CI.'IY made pursuant to the Housing and community Development Act of 1974, as amended. -5- v. CDNTRACl' COMPLIANCE A. Monitoring and Evaluation of Services. Evaluation and monitoring of the l?ROGRAM performance shall be the lmltual responsibility of both CITY" and roJ<roRATlON. CORFORATION shall furnish all data, statements, records, infannation and Lep::>rts necessary for l?ROGRAM MANAGER to monitor, review and evaluate the performance of the l?ROGRAM and its camponents. CITY" shall have the right to request the seLVices of an outside agent to assist in any such evaluation. SUch seLVices shall be paid for by CITY". B. contract NO!lCOJ1'IPlia:rr.e. Upon :receipt by CITY" of any infonnation that evidences a failure by CORroRATION to comply with any provision of this Agreement, CITY" shall have the right to require cOLLective action to enforce compliance with such provision. Areas of noncompliance include but aLe not limited to: ~. If roJ<roRATlON (with or without knowledge) shall have made any material misrepresentation of any nature with respect to any infannation or data :Eu:r:nished by CITY" in connection with the l?ROGRAM. 2. If there is pending litigation with respect to the perfOLmance by CORFORATION of any of its duties .or obligations under this Agreement 'Which may materially jeopaLdize or adversely affect the 1.mdertald:ng of or the carrying out of the l?ROGRAM. 3. If CORFORATION shall have taken any action pert:a.in:in; to the l?ROGRAM 'Which LeqUires CITY" approval without having obtained suc:h approval. 4. If CORFORATION is in default under any provision of this Agreement. 5. If CORFORATION makes .iJlipIopac use of CITY" funds. 6. If roJ<roRATlON suJ:mrl.ts to CITY" any report 'Which is incorrect or incollIplete in any material respect. c. COrrective Action Procedure. CITY" in its absolute discretion and in lieu of irmnediately terminating this Agreement upon occurrence Ol;" discovery of noncomplia:rr.e by roJ<roRATlON under this Agreement, shall have the right to give CORFORATION notice of CITY"'S intention to consider corrective action to enforce complia:rr.e. such notice shall indicate the nature of the non-=nplia:rr.e and the procedure whereby CORFORATION shall have the opportunity to participate in formulating any c:orrective action recammendation. CITY" shall have the right to require the presence of roJ<roRATlON's officer(s) and EKecutive Dixect:or at any hearing or :meeting called for the purpose of considering c:orrective aotion. 'Ihereafter, CITY shall fo:rward to CORroRATION specific corrective action rec::o.mmendations and a detailed timetable for implementing these rec::onunendations; such t:hret:able shall allOlY o::m:oRATION not less than five (5) nor more than thirty (30) days to carnply. Following :i:mplE!Il1et'ltation of the corrective actions, a:>RrorlATION shall fo:rwa.rd to city, within the time specified by City, any dOCll!l1Sl'ltcuy evidence :required by city to verify that the corrective actions have been taken. In the event that a:>RrorlATION does not :i:mplement the corrective action recommendations in ac:coJ:da.nce with the corrective action t:hret:able, CITY may suspend p:tymenI:s he:reuJ:¥:ier = terminate this AgJ:eement:. D. Terndnation f= cause. Notwithstanding anything to the contrary contained in the foregoing, CITY tpay terminate this AgJ:eernent by written not:ice to a:>RrorlATION, if any of the events of nonoompliance listed in section v, Paragraph B, cx:cur or are discovered, if a:>RrorlATION does not :i:mplement any recommended corrective action, if a:m:oRATION is in bankruptcy or receivership, if a :member of the a:>RrorlATION's Board of Direct=s, the Executive Director = other administrative staff person is the subject of investigation f= wrongdoing, = if t:he:re is reliable evidence that a:>RrorlATION is unable to operate the P.!lOGRAM. TeJ:mination Ul'lder this section shall be effective on the· date notice of tennination is received or such later date as may be specified in the notice. VI. P.!lOGRAM <XlORDINATION A. ClTY: '!he Housing and Services Coordinat:=, or hisjher designee, shall be the Program Manager f= the CITY and shall monit= progLess and perfmmance of this AgJ:eernent for ClTY. '!he P.rogLam Manager shall be responsible for all services agreed to be perfOLmed by CITY. B. a:>RrorlATION: A single Program Director Who shall have overall responsibility for the pl:<::x;JLess and execution of this Agreement shall be assigned. Should ciroumstances or conditions subsequent to the execution of this Agreement requb:e a substitute or replacement Program Director, a:>RrorlATION shall i:mmediately notify CITY of such cx:currence. Pl.ogralll Director and a:m:oRATION staff will cooperate fully with CITY in fulfillll1ent of this AgJ:eernent. / / / / / / / / / / / -7- C. CoIrespondence: All correspondence and notices required by this Agreement shall be sent to the parties at the followin;J address: CITY: Housing' and services Coordinator Deparbnent of Planning Ii Development City of CUpertino 10300 Torre Avenue. CUpertino, CA 95014 CORPORATION: BARRY DEL BUONO Name Executive Director Title Emergency Housing Corporation, Inc. Name of Corporation P.O. Box 2346 Address San Jose, CA 95109 All notices shall either be hand delivered or sent by United States :mail, registered or certified, postage prepaid. Notices given in such a manner shall be deemed received when hand delivered or seventy-two (72) hours after deposit in the United States mail. llJ:rj' party may change his or her address for the purpose of this section by giving' five (5) days vlritten notice of such change to the other party in the manner provided in this section. VII. TERMINATION A. In addition to CITY'S right to te:nninate for cause set forth in Section V, either CITY or CORroRATION may suspend or te:nninate this Agreement for any reason by giving thirty (30) days prior Vlritten notice to the other party. Upon receipt of such notice, performance of the services hereunder will be :immediately discontinued. B. Upon te:nnination, either under this Section VII or Section V, CORroRATION shall: 1. be paid for all documented services actually rendered to CITY to the date of such termination; provided, however, CITY shall be obligated to conp;msate CORroI<ATION only for that portion of CORroRATION' S services which are allowable costs and expenses as detennined by an audit or other :monitoring' device; -e- : 2. turn aver to CITY .il!Imediately any and all copies of studies, reports and other data, whether or not ClClI1!Pleted, prepa,t'Ed by Cl:lRI?()RATION or its sullcontractors, if any, in connection with this Agreement. SUch materials shalll:lecom.e prq:er:Ly of CITY. Cl:lRI?()RATION, hoWeVer, shall not be liable to CITY'S use of incomplete materials or for CITY'S use of COIlIPleted dOCll1'lleIIts if used for other than services COl'l'tsn1I?lated by this Agreement; and 3. transfer to the CITY any CDBG funds on hand and any aocoonts receivable attr.ibut:able to the use of CDBG funds. All assets acquired with CDBG funds shall be :tetumed to the CITY. c. Upon termination of this Agreement, Cl:lRI?()RATION shall .il!Imediately provide CITY aocess to all documents, recoI'ds, payroll, :minutes of meetings, co:rresponderloe and all other data pertain.i.ng to the CDBG funds granted to cx:>RroRATION pursuant. to this Agreement. VIII. roRCHASING REAL OR PERSONAL proPERlY < A. Title to Personal Property. Title to any personal property used in connection with the project shall vest as follow: 1. Personal property donated or purchased with other than CITY CDBG funds shall become the property of CXJRro'RATION or person specified by the donor or fund:i.ng SOUl:'Ce; otherwise the same shall became the property of CITY except for property and equipment as described in 2. 2. Personal property ~ equipment permanently affixed to building owned by Cl:lRI?()RATION shall l:lecom.e the property of Cl:lRI?()RATION. 3. All other personal property, supplies and equipment purchased pursuant to this 1IgreelIlent and not consumed shall become property of CITY. B. Non-Expendable Property. Non-expendable property purchased by a:JRroRATION with funds provided by CITY, with a purchase price in excess of One HU:ndred Dollars ($100), IlIIlSt be approved in advance in writing by CITY. CITY shall retain title to said property. If a ~ will be continued beyond termination of this Agreement, CITY at its option, may revert title to roRroRATION. C~ PUrchase of Real Property. None of the funds provided under this Agreement shall be used for the purchase of real property, unless CITY approves such purchase in writing containing any conditions the CITY deems appropriate prior to the time Cl:lRI?()RATION finalizes such purchase. Approval of any such contract or an option to purchase shall be processed through the ~ MANAGER. -9- : D. security Document. As a condition precedent to c:rJ.Y releasing funds for the purchase of real property or an option to purchase real property, CDRI:oRATION shall prepare and execute a promisso:r.y note, deed of trust or other Agreement restricting the use of said real property for pw::poees consistent with this Agl:eelllent, HllD and CDOO requirements. IX. PROGRl\M nl'a::lME Incame generated by the PROGRl\M shall be retained by OJRPORATION. SUch income shall be used to reduce the monthly request for funds under this Agreement and for the same pw::poees and activities described in Exhibit A. All provisions of this Agl:eelllent shall apply to the use of PROGRl\M income for such activities. X. mDEFENDENT OONTRACRlR This is an Agl:eelllent by and between indepe:ndent contractors and is not inte:nd.ed and shall not be construed to create the relationship of agent, se:tVant, E!Ilpl.oyee, partnership, joint ventw:e or association between OJRPORATION and c:rJ.Y. OJRPORATION, including its officers, enployees, agents or subcontractors, shall not have any claim under this Agreement or otherwise against c:rJ.Y for any Social security, Worker's COmpensation, or enployee benefits extended to employees of C1.Tl[. XI. ASSIGNABILITY A. This Agl:eelllent may not be assumed nor assigned to another corporation, person, partnership or any other entity without the prior written approval of c:rJ.Y. B. None of the work or services to be performed hereunder shall be assigned, delegated or subcont.racted to third parties without the prior written approval of CI'l'Y. OJpies of all third party contracts shall be sUbmitted to CI'l'Y at least ten Clays prior to the proposed. effective date. In the event C1.Tl[ approves any such assignment, delegation or subcontract, the subcontractors, assignees or delegates shall be deemed to be enployees of OJRPORATION, and OJRPORATION shall be responsible for their perfOJ:1llal'lCe and any liabilities attachinq to their actions or omissions. / / / / / -10- .. XII. DISCIDSORE OF roNFIDENTIAL CLIENT INKIRMM'ION CITY and OJR'EOPATION agree to maintain the exmfide.ntial.ity of arrt information regarding applicants for services offered by the PROGRAM pursUant to this Agreement or their immedi ate families which may be obtained t:h.rough application forms, questionnaires, interviews, tests, reports from public agencies or counselors, or arrt other source. Without the written permission of the applicant, such information shall be divulged only as necessa:x:y for purposes related to theperfor:mance or evaluation of the services and work to be provided pursuant to this Agree:ment, and then only to persons having responsibilities under this Agreement, including those furnishing services under the PROGRAM t:h.rough approved subcon:Uacts. XIII. HOID HARMLESS In addition to the indemnity set forth in Exhibit "E", OJRl:ORATION shall indemnify and hold CITY, its officers, employees and elected officia.l.s, boa:tt1s and COImnissions, harmless with respect to arrt damages, including attorney's fees and court costs, arising from: A. the failure of the PROGRAM to comply with applicable laws, ordinances, codes, regulations and decrees, including without limitstion those set forth in Exhibit "F"; or, B. arrt :negligence or omission arising out of arrt work or services provided by OJRl:ORATION, its officers, employees, agents or subcontract:ors under the PROGRAM or this Agree:ment. XIV. WlIJ:VER OF RIGHI'S AND REMEDIES In no event shall arrt payment by CITY constitute or be construed to be a waiver by CITY of arrt breach of the covenants or conditions of this agree:ment or arrt default which may then exist on the part of OJR'EOPATION I and the making of arrt such payment while arrt such breach or default shall exist shall in no way impair or prejudice arrt right or :t:emedy available to CITY with respect to such breach or default. In no event shall payment to OJR'EOPATION by CITY in arrt way constitute a waiver by CITY of its rights to :recover from OJR'EOPATION the amount of m::mey paid to OJR'EOPATION on arrt item which is not eligible for payment under the PROGRAM or this Agree:ment. I I I I I -11- '. >W. NONDISCRIMINATION In connection with the perfonrance of this Agreement, c.oRroRATION assures that no person shall be subject to discrinrl.nation because of sex, race, :religion, ethnic background, sexual preference, age, handicapped status, or union activity. Amendmen1:$ to the terms or conditions of this Agreement shall be requested in writing by the party desiring such amendment, and any such amendment shall be effective only upon the lI1Utual Agreement in writing of the parties he.reto. XVII. IN'I'EX?RATlID IXlCOMENT 'Ihis Agreement contains the entire Agreement between CI'lY and CDRRIRATION with respect to the subject matter hereof. No written or oral Agreements with any officer, agent or enployee of CI'lY prior to execution of this Agreement shall affect or modify any of the terms of obligations contained in any documents CXll!IJ?rising this .1\greemSnt. XVII. MISCELIANEOUS A. ~e captions of this Agreement are for convenience of reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid. in the interpretation, construction or meaning of the provisions of this Agreement. B. All exhibits attached he.reto and referred to in this Agreement are incorporated herein by this reference as if set forth fully herein. I I I I I I I I I I I I I I -12- IN WITNESS WHEREOF t the parties have executed this Agreement in duplicate the day and year above written. ATr.&ST: Date CORroRATION ezEL~~ By Executive Director September 19., 1988 Date -13- · . CDBG POUR~BENTH PROGRAM YEAR (88/89) PROGRAM DESCRIPTION EKhibit A DATE September 12, 1988 PROJECT jj;--.:C~U~88::...-..:::3.::.3 ____ _ APPLICANT AGENCY: PROJECT DESCRIPTION: Name Emergency Housing ConsoJ:ltium, Inc. Provide 500 nights of shelter for Address P.O. Box 2346 homeless Cupertino residents, to San-Jose, CA 95109 include meals, child care, emer- Telephone (408) 947-8227 gency care & relocation assistance. PROGRAM DESCRIPTION , ", This program pertains to Emergency Housing COnsortium's commitment to provide a minimum of 500 nights of shelter to ho~el~ss Cup~rtino residents during the duration of fiscal year 1988/1989 for a total CDBG grant of $5,000.00. ERe will likewise provide them with supportive services' like prepared meals, foodbaskets, child care, emergency care, housing relocation assistance, job search and counseling. It is estimated that about 22 homeless Cupertino re- sideilts will benefit from this program, which will be conducted in all the 7 shelter facilities being'coperated by EHe in Santa Clara. county and San . Mateo County. PROJECT NAME Homeless Shelter PROJECT NUMBER _C"'U:.....;.8.:.8_-3"'3=--______ _ PROJECT WORK PLAN 14TH Program Year 1988/89 Exhibit B _ ..... _ ..... -----------,------------------,------------ Responsible Staff Person(s) and Approximate Percentage of Time Allocated to Activity Shelter COordinators Shelter Advisors 100% 100% Activity for Period 1st Quarter July, August.~ september, 1988 (Quarterly, 3 Month Period) Providing shelter accommodations & supportive services to the homeless residents of CUpertino & other areas Products or Milestones for Quarter 125 shelter nights provided to CUpertino homeless residents PROJECT NAME Homeless Shelter PROJECT NUMBER CU 88-33 -------------------- Responsible Staff Person(s) and Approximate Percentage of Time Allocated to Activity PROJECT WORK PLAN 14TH Program Year 1988/89 Activity for Period 2nd Quarter October, Noverriber, December 1988 (Quarter1y,-3 Month Period) Exhibit B Products or Milestones for Quarter ----------------..... -.~-------+---------------~----,---------------- Shelter Coordinators Shelter Advisors 100% 100% Providing shelter accommodations & supportive services to the homeless residents of Cupertino & other areas 125 shelter nights provided to Cupertino homeless residents PROJECT NAME Homeless Shelter PROJECT NUMBER eu 88-33 PROJECT WORK PLAN 14TH Program Year 1988/89 -------------------- Responsible Staff Person(s) and Approximate Percentage of Time Allocated to Activity Shelter Coordinators Shelter Advisors 100% 100% Activity for Period 3rd Quarter January, February, March 1989 (Quarterly, 3 Month Period) Providing shelter accommodations Ii< supportive ~ervices to the homeless residents of CUpertino Ii< other areas Exhibit B Products or Milestones for Quarter 125 shelter nights provided to CUpertino homeless residents PROJECT NAME Homeless Shelter PROJECT NUMBER CU 88-33 Responsible Staff Person(s) and Approximate percentage of Time Allocated to Activity Shelter Coordinators Shelter Advisors 100% . 100% PROJECT WORK PLAN 14TH Program Year 1988/89 Activity for Period April, May & June 1989 (4th QUarter) (Quarterly, 3 Month Period) Providing shelter accommodations & supportive services to the homeless residents of CUpertino & other areas Exhibit B Products or Milestones for Quarter 125 shelter nights previded to CUpertino homeless residents / PRot'OSED fHI'I.Wf.NTAl'IOfI ACTIVITY Til' ~CIlEUULE , ( Lht In detail the major activities to be undertaken to Implement the p.oject and 'the scheduled lime they will be'gln ,",11 be cOlllpleted. Once IlI'proved, l>roJect. wll1 be d'osely monitored during Implementation accordlns to thls tiaio Ichedule; Name __ ~C~i~t~y~o~f~C~u~p~e~r~t~i~n~o __________ _ EXHIBIT C P rogr am Year __ -""1 .... 4""t""h~ ___ _ Da to P r epar ed'---=1..::9 ....... F..::e"'b:..:.~8:..:8~_· _ Revl.lone~ ___________ ___ Final Approva ... l ___________ _ Project Implementor Emergency Housing Consortium Approved Ilevlaion.'.-________ _ TItle . H 0 nth a En d l n S of . Activities 1/31 8/ll 9/30 10/31 11/31 12/31 1/31 2/28 3/ll 4/30 5/31 6/30 C~ty , • 1 Select re-Done . cipient orgar- ization 2) Execute con-X - tract w/re-• cipient org. . 3) Establish X monitoring procedure 4) Disperse ------------ON-GO NG ------------------ grant on monthly • basis 5) Monitor gran ----. --------ON-GO NG ----------. -'-----r --ee performan e Grantee -1) Provide -----------ON-GO NG -. --------------"---- shelter services to Cupertino . residents I , , Can tMe project be I.ncoq'orated Into the on-going work load of the appUcant and .ucceaofully be t"'l'lUMlntllC~ accordtns lQ thte Bcheduld X Yea Ho lil:herlll~e Pre.,aredbYjMark Caughey 11th; Associate Planner AGENCY NAME _Ern_e_r9_e_n_C_Y ___ H_QU_S_i_n_9_Co_n_S_O_r_t_i_UlU_, _In_c. PROJECT ___ H_o_m_e_1_e_s_s_S_h_e_1_t_e_r_C_U~8_8_-~3_3~ ______ _ LINE ITEM 1988 Jut AUG SEP OCT SALARIES Personnel Benefits OFFICE EXPENSE Rent Telephone Postage Printing Supplies Travel Utilities Equipment Dues & Subsc. OTHER EXPENSES Account. Svc. Contract Svc. Insurance Conferences , MiSc. 416 416 416 416 TOTAL. 416 416 416 416 PROjECT BUDGET 14TH Program Year 1988/89 89 NOV DEC JAN i ! 416 416 416 416 416 416 FEB 416 416 Exhibit D DATE __ ~9~/~1~9~/8~8L-________ ___ MAR APR MAY JUN TOTAL , 416 416 416 424 5,000 416 416 416 4'4 t:; {"j(\1"\ EXHIBIT E Insurance And Indemnity Reg!ljn:mymts Indemnity: Cbl:pOration agrees to inlemnify and save haJ:mless the City of CUpert:1no, its officers, employees and elected officials, l:loards and CCIIl1l1lissions fram all suits, actions, claims, causes of action, costs, delnand.s, judgments and liens arlsin;:r out of the Cbl:pOration's perfom.ance under this l\qreeIl'ent, incll.ldin;r the Corporation's failure to comply with or carry out aIrf of the provisions of this Agreement. Insurance: Colporation shall take out prior to commencement of the perfomance of the terms of this l\qreeIl'ent, pay for, and maintain until completion of this l\qreeIl'ent, the follCMin;J types of Policies. 'Ihese Policies 1l1llStcover at least the folla.rin;:r, which are minimum coverages ani limits., I. Co!IjpI1ah~iye General Liability Insurance incl'llding" the follCMin;J: A. P.remises Operations (incJ..udJn] completed operations, if the exposure exists). B. Broad Fom manket Contract:ual. c. Personal Injw::y coverages A, B and c, delete exclusion "C". 1. All coverages lllIlSt have a minimum of $500,000 Combined Sin;:rle Limit. II. CO!nprehensive Auto Policy to cover: A. Non-a.med. B. Hired. lIuto. 1. 'Jllese coverages 1l1llSt have a minimum of $500,000 Combined Single Limit for bodily 1njw::y and property damage. III. EtLOtS or Omissions coverage for at:t:.orneys ani paralegals with a minimum limit of $500,000 per ccx:urrenoe Combined Sin;:rle Limit with no :more that $1,000 deductible per ccx:urrenoe (where soopa of services provides for at:t:.orneys ani paralegals.) r:v. MedIca] Malpragtiee Insurance: Min:l.Jm.Jm limits of $500,000 per occurrence with no greater aea:uct1ble than $1,000 per occurrence. 'lhls is to ocver all medical staff associated with the O:ll:poration, such as, but not limited to, dcct:ors, nurses, an::l. ~cals (where scope of services provides for medical staff.) V. WOrkers Cgmpensation ocverage with the statutoty limit of liability an::l. $1,000,000 employer's Bam] jty. ErPorsements: on all required insurance the following erdorsements mst be a part of each Policy. A. The City of CUpertino, its officers an::l. employees, an::l. agentS are to be additional .insureds. B. 'lbirty (30) days notice of cancellation or reduction in ocverage of any nature mst be given to the City of CUpertino. C. The insurance policies mst be endorsed to show that they' are pr.i.mary, an::l. any other valid an::l. colleCtible :I.nsurance the City of CUpertino may have will be excess only. D.All insurance policies :must be satisfactory to the City of CUpertino. , " • EXHIBIT 'F ASSURANCES Corporation hereby assures and certifies that it will comply with all regulations, policies, guidelines and requirements applicable to the acceptance and use of Federal funds for this federally-assisted program. Also, Corporation gives assurances and certifies with respect to the Program that: (a) The Program will be conducted and administered in compliance with: (1) Title VI of the civil Rights Act of 1964 (Pub. L. 88-325, 42 USC 2000d et seq.) and implementing regulations issued at 24 CFR Part 11 (2) Title VIII of the Civil Rights Act of 1968 (Pub.L. 90-284, 42 USC 3061 et seq.), as amended, and implementing regulations 1 (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant to thereto (24 CFR Section 570.601); ( 4) 1968, as 135; Section3 of the Housing and Urban Development Act of amended and implementing regulations at 24 CFRPart (5) Executive Order 11246, as amended. by Executive Orders 11375 and 12086 and implementing regulations issued at 41 CFR Chapter 60; , (6) Execlltive Order 11063, as amended by Executive Order 12259 and implementing regulations at 24 CFR Part 107: (7) Section 504 of the Rehabilitation Act of 1973 (Pub.L. 93-112), as amended and implementing regulations when published for effect: (8) The Age Discrimination Act of 1975, as amended, (Pub.L. 94-135) and implementing regulations when published for effect; (9) The relocation requirements of Tltle II and the acquisition requirements of Title II~of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; . (10) The labor standards requirements as set forth in 24 CFR 5570.605 and HUD regulations issued to implement such requirements: , ' (11) Executive Order 11988 relating to the evaluation of flood ,hazards and Executive Order 11288 relating to the prevention, c9ntrol, and abatement of water pollution; (12) The flood insurance purchase requirements of Section l02(a) of the Flood Disaster Protection Act of 1973, (Pub.L. 93-234). (13) The regulations, policies, guidelines and requirements of OMS Circular Nos. A-I02, Revised, A-87, A-IIO and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted Program. (b) No member,. officer, or employee of the Corporation, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the Program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the Program a'nd all such contracts or subcontracts shall contain a provision prohibiting such interest; (c) It will comply with the provisions of the Hatch Act which limit the political activity of employees; (d) It will give HUD and the Comptroller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; (el It will comply with the lead-based paint requirements of 24 CFR Part 35 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.). . , LA~~~.ltl •. CERTIFICATE OF INSURANCE r rhu~ o;~: :~'7oNYI PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE SANFILIPPO INSURANCE CENTER DOES NOT AMEND, EXTEND OR ALTER THE COVIORAGE AFFORDED BY THE POLICIES BELOW. 1213 LINCOLN AVE. #207 COMPANIES AFFORDING COVERAGE SAN JOSE, CA. 95125 ~ANYA NATIONAL UNION FIRE INSU.RN!!CJ;: INSURED ~ANYB UNPERWRITEES e.';r_~LQX.D...'JLL..QW10N EMERGENCY HOUSING CONSORTIUM ~Yc OF SANTA CLARA COUNTY WESTERN SURE..'J'X..--Cj)~P~ P. O. BOX 2346 ~~D SAN JOSE, CA 95109 I ~ANYE ! C.OVERAGES , .. , 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. c,:.i L""j TYPE OF INSUMNCE POLICY NUMBER POUCY EFFECTIVE lpOllCV EXPIRATION DATE (MMiODIYY} DATE (MMIDD!YY) LIMITS I GENjRAL LIABILITY GENERAL AGGRECiA TE $2.,_0_0_0_,_0_0_0_ IX COMMeRCIAl. GENERAL lJABIUTY PRQDUcrs.GOMPJOP AGG. $1,_0_0_0_,_0_0_0_ : I I Cl.AIMS MAO!K::=J OCCUR. MLP2365902 ~1/1/91 11/1/92 PERSONAL &. AOV. INJURY $1 ,_O_OJL,_O_O_O_ A : __ ' OWNER"S &. CONTRACTOR'S PROT EACH OCCURRENCE Sl,JLO_O--t_O_O_O_ , fiRE DAMAGE {Any ona (lto} S I MEn. EXPENSE (Any (!()$ psrnon) '$ I AU"MOaiLE LIABILITY l'/l/91 I COMBINED SINGLE ANY AUTO ! UMIT '1 .,.DJl1t,_O..DJL : I ALL OWNED AUTOS ' BODILY INJURY ~ • >it : SCHEDULEO AUTOS (Per PElr04n) Ai---C ! BOOILY INJURY .x ' HIREO AUTOS MLA2032446 11/1/92 • ~ R NON.QWNEO AUTOS ! (Per accident) GARAGE LJABIUTY I PROPERTY DAMAGE I· l EXCESS LIAfUUTY EACH OCCURf'lENCE • ~ : I UMBRElU\ FORM AGGREGATE $ n OTHER THAN UMBREllA FORM WORKEfI'S COMPENSATION i STATUTORY LIMITS EACH ACCIDENT • ANO D1SEASE-f>OUCY LIMIT • EMPLOYERS' LIABILITY DISeASE-EACH EMPLOYEE $ OTHER t~~~~~~1 B D & 0 LIABILITY DON820692 11/1/92 $2,000,000 ~ EMPLOYEE FIDELITY 28062871 11/16/92 10,000 DESCRIPTION OF OPE:RAIIONSILOCATIONSIVEHICLESlSPECfAL ITEMS ALL CALIFORNIA OPERATIONS ADDITIONAL INSURED PER ENDORSEMENT jlCG2026(11-85) IN FAVOR OF: CITY OF CUPERTINO CERTIFICATE HOLDER CANCELLATION ' , SHOULD ANY OF THE AeOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY wILt.XiKii!l*8iKlfo CITY OF CUPERTINO MAIi3_0_ DAYS WRITfEN NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE P. O. BOX 580 LER!;iImC~~~~lQ{t!i*l€K:S~~lU!iR CUPERTINO, CA 95015 f~~~~~~ lfs. ACORD 25-S (7/90) t:zr:2L~~j- " . -{' ---.... ©ACORD CORPORATION 1990 . , • • MLP2365902 POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 26 1185 ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following'; COMMERCIAL GENER{l;L LIABILITY COVERAGE PART Name 01 Person Dr Organization: CITY OF CUPERTINO P. O. BOX 580 CUPERTINO, CA 95015 SCHEDULE CL 261 tl1-85) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO ISAN INSURED (Section II) is amended to include as an insured the person ororllani2ation shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. THE CITY OF CUPERTINO, ITS OFFICERS, EMPLOYEES, AND AGENTS ARE HEREBY ADDED A~ ADDITIONAL INSUREDS. THIS INSURANCE WILL BE CONSIDERED PRIMARY AND ANY INSURANCE HELD BY THE, CITY WILL BE IN EXCESS ONLY. ,_ ....... IJA~ nee Services Oftlce. Inc., 1984