20-082 Amendment #2 for CDBG Grant Program1
SECOND AMENDMENT
TO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CITY/NON-PROFIT PUBLIC SERVICE CONTRACT
This Second Amendment to Contract is entered into between LIVE OAK ADULT DAY
SERVICES ("CORPORATION") and the CITY OF CUPERTINO ("CITY") as of July 1,
2022 (the "Effective Date") to amend the Community Development Block Grant Program
City/Non-Profit Public Service Contract (the "Contract") dated July 1, 2020.
WITNESSETH
WHEREAS, CITY has applied for and received CDBG Entitlement program funds from the
United States Department of Housing and Urban Development ("HUD") as an entitlement
jurisdiction pursuant to the provisions of Title I of the Housing and Community Development
Act of 1974, as amended; and,
WHEREAS, CITY has granted CORPORATION a portion of its CDBG funds for the Program
(as described below) to be operated within the City for the benefit of low and very low-income
households and meeting at least one (1) of the National Objectives of the CDBG program as
outlined in Title 24 of the Code of Federal Regulations, Section 570.208;
THEREFORE, the parties agree as follows:
1. Section I, entitled "Program", is deleted in its entirety and replaced with the following:
For the period of July 1, 2020 to June 30, 2021, CITY agreed to allocate a portion of its current
CDBG entitlement, and/or program income as defined in 24 CFR 570 Subpart J, "Grant
Administration," to CORPORATION in the sum of Twenty One Thousand One Hundred
Fifty Two and Sixty One Cents ($21,152.61) (the "CDBG Funds") for the purpose of
implementing the CORPORATION'S program, as more particularly described in Exhibits A-D,
A-1 through D-1 and A-2 through D-2 to the Contract (the "Program"), and said Exhibits set
forth below, as they may be amended or modified, are attached to this Contract and incorporated
herein by reference.
Exhibit A and A-2: Program Description
Exhibit B and B-2: Program Work Plan
Exhibit C and C-2: Program Budget
Exhibit D and D-2: Program Budget
Exhibit E: Basic Insurance and Bond Requirements For Non-Profit Contracts
Exhibit F: CDBG Regulations
For the period of July 1, 2021 to June 30, 2022 CITY agrees to allocate a portion of its current
CDBG entitlement, and/or program income as defined in 24 CFR 570 Subpart J, "Grant
Administration," to CORPORATION in the sum of Twenty Two Thousand Seven Hundred
Twenty and Eighteen Cents ($22,720.18) for the purpose of implementing the
CORPORATION'S Program.
2
For the period of July 1, 2022 to June 30, 2023 CITY agrees to allocate a portion of its current
CDBG entitlement, and/or program income as defined in 24 CFR 570 Subpart J, "Grant
Administration," to CORPORATION in the sum of Twenty One Thousand Four Hundred
Five and Seventy Six Cents ($21,405.76) for the purpose of implementing the
CORPORATION'S Program.
The total allocation for July 1, 2020, through June 30, 2023 shall not exceed Sixty Five
Thousand Two Hundred Seventy Eight Dollars and Fifty Five Cents ($65,278.55).
2. The following sentence is added to the end of Section II, "Term,": The term of this Contract (the
"Term") has been extended once per this Section II to end on June 30, 2023, unless otherwise
amended or terminated earlier pursuant to Section VII or Section VII
3. Exhibits A-2, B-2, C-2, and D-2, attached hereto, are added to the CONTRACT.
4. Exhibit E to the CONTRACT is replaced with Exhibit E attached hereto.
5. All terms, covenants and conditions stated in the CONTRACT, which are not herein amended,
remain in full force and effect.
[Signatures on following page.]
Page 3 of 12
FY 2022-2023 Community Development Block Grant Program City/Non-Profit Public Service Contract Amendment
IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the
Effective Date.
CORPORATION: CITY:
LIVE OAK ADULT DAY SERVICES, CITY OF CUPERTINO, a municipal benefit
a California nonprofit public corporation
corporation
___________________________________ __________________________________
Dr. Ann E. Peterson Date Benjamin Fu Date
Executive Director Director of Community Development
APPROVED AS TO FORM AND ATTEST:
LEGALITY:
___________________________________ _________________________________
Christopher Jensen Date Kirsten Squarcia Date
City Attorney City Clerk
EXPENDITURE DISTRIBUTION
PO #2021-095
265-72-711-600-623
Original Contract: $21,152.61
Amendment #1: $22,720.18
Amendment #2 $21,405.76
Total: $65,278.55
Ann E. Peterson
Jun 28, 2022
Christopher D. Jensen
Jun 28, 2022
Jun 28, 2022
Jun 28, 2022
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FY 2022-2023 Community Development Block Grant Program City/Non-Profit Public Service Contract Amendment
EXHIBIT A-2
PROGRAM DESCRIPTION
FY 2022-23
Agency Name:
Live Oak Adult Day Services
DUNS #:
148217268
Chief Financial Officer:
Dr. Ann E.Peterson
Program Manager:
Dr. Ann E.Peterson
Program # (For Office Use Only)
260-72-710-600-623
Street Address:
1147 Minnesota Ave
City:
San Joe
State:
CA
Zip Code:
95125
Telephone number:
408-971-9363
Fax Number:
Program Manager E-mail Address:
Liveoak1147minnesota@gmail.com
Name of Program:
Senior Adult Day Care/Caregiver Respite
Program Location:
1147 Minnesota Ave, San Jose, CA 95125
Program Description:
The specialized program of adult day care for frail, dependent low-income Cupertino
seniors is geared to maximize the social experience and mental stimulation of elderly
clients, improve/sustain innate resilience and mental and physical functioning, and
enhance their overall quality of life through recreation, exercise, companionship and
nutritious meals. Cupertino seniors with chronic age-related disorders (dementia,
Alzheimers, Parkinsons, stroke, etc.) attend the center every weekday, receiving special
care and individualized attention from professional staff and devoted volunteers who
schedule daily activities, serve meals and snacks and assist those with special needs.
Caregiver respite services, i.e., counseling, in-home assessments, information and
referrals, and Caregiver Support Workshops, are provided to client families to reduce
stress and help them care for and maintain their senior loved ones at home.
Page 5 of 12
FY 2022-2023 Community Development Block Grant Program City/Non-Profit Public Service Contract Amendment
EXHIBIT B-2
PROGRAM WORK PLAN
FY 2022-23
AGENCY NAME: Live Oak Adult Day Care Services
PROGRAM NAME: Senior Adult Day Care/Caregiver Respite
HUD National Objectives: LMC: Low/mod limited clientele benefit
Low/Mod Income Type: 5A: Senior Services
Objectives
Benchmarks for Each Quarter
1st 2nd 3rd 4th TOTAL
Locate appropriate Cupertino seniors and enroll
22 low-income seniors in adult day care program 10 5 4 3 22
Provide life-enhancing recreation and social
activities for frail seniors in Cupertino and
respite for their family caregivers 10 5 4 3 22
Provide daily nutritious meals and snacks to all
seniors 10 5 4 3 22
Page 6 of 12
FY 2022-2023 Community Development Block Grant Program City/Non-Profit Public Service Contract Amendment
EXHIBIT C-2
PROGRAM BUDGET
FY 2022-23
AGENCY NAME: Live Oak Adult Day Care Services
PROGRAM NAME: Senior Adult Day Care/Caregiver Respite
Proposed Program Expenses FY 2022-23
Salaries/Benefits/Payroll/Taxes $21,405.86
Office Expenses (Occupancy, Telephone, Insurance, Supplies,
Equipment, etc…) $
Total Expenses $21,405.86
Page 7 of 12
FY 2022-2023 Community Development Block Grant Program City/Non-Profit Public Service Contract Amendment
Page 8 of 12
FY 2022-2023 Community Development Block Grant Program City/Non-Profit Public Service Contract Amendment
EXHIBIT D
BASIC INSURANCE AND BOND REQUIREMENTS FOR
NON-PROFIT CONTRACTS
Definition of Contractor: The "Contractor" as the word is used in this Exhibit D
is the party contracting with the City of Cupertino for the direct distribution of BMR AHF funds.
Indemnity
The Contractor shall indemnify, defend, and hold harmless the City of Cupertino (hereinafter
"City"), its officers, agents and employees from any loss, liability, claim, injury or damage arising
out of, or in connection with performance of this Contract by Contractor and/or its agents,
employees or subcontractors, excepting only loss, injury or damage caused solely by the acts or
omissions of personnel employed by the City. It is the intent of the parties to this Contract to
provide the broadest possible coverage for the City. The Contractor shall reimburse the City for
all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which
the Contractor is obligated to indemnify, defend and hold harmless the City under this Contract.
Insurance
Without limiting the Contractor's indemnification of the City, the Contractor shall provide and
maintain at its own expense, during the term of this Contract, or as may be further required
herein, the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Contract, the Contractor shall provide on the City's own form or a
form approved by the City's Insurance Manager an original plus one copy of a Certificate of
Insurance certifying that coverage as required herein has been obtained and remains in force for
the period required by this Contract. The contract number and program name must be stated
on the Certificate of Insurance. The City's Special Endorsement form shall accompany the
certificate. Individual endorsements executed by the insurance carrier may be substituted for the
City's Special Endorsement form if they provide the coverage as required. In addition, a certified
copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the address as shown on the City's Certificate of
Insurance form and to the Community Development Department at the address set forth in this
Contract at Section VI. PROGRAM COORDINATION, Paragraph C., NOTICES. The
Contractor shall not issue a Notice to Proceed with the work under this Contract until it has
obtained all insurance required and such insurance has been approved by the City. This approval
of insurance shall neither relieve nor decrease the liability of the Contractor.
B. Notice of Cancellation of Reduction of Coverage
All policies shall contain a special provision for thirty (30) days prior written notice of any
cancellation or reduction in coverage to be sent to the Community Development Department,
10300 Torre Avenue, Cupertino, CA 95014.
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FY 2022-2023 Community Development Block Grant Program City/Non-Profit Public Service Contract Amendment
C. Qualifying Insurers
All policies shall be issued by companies which hold a current policy holder's alphabetic and
financial size category rating of not less than A VIII, according to the current Best's Key Rating
Guide, unless otherwise approved by the City's Insurance Manager.
D. Insurance Required
1. Comprehensive General Liability Insurance - for bodily injury (including death) and
property damage which provides limits of not less than one million dollars ($1,000,000)
combined single limit (CSL) per occurrence.
OR
2. Commercial General Liability Insurance - for bodily injury (including death) and property
damage which provides limits as follows:
a. General limit per occurrence - $1,000,000
b. General limit aggregate - $2,000,000
c. Products/Completed Operations- $1,000,000 aggregate
d. Personal Injury limit - $1,000,000
If coverage is provided under a Commercial General Liability Insurance form, the carrier shall
provide the City Insurance Manager with a quarterly report of the amount of aggregate limits
expended to that date. If over 50% of the aggregate limits have been paid or reserved, the City
may require additional coverage to be purchased by the Contractor to restore the required limits.
3. For either type of insurance, coverage shall include:
a. Premises and Operations
b. Products/Completed Operations with limits of one million dollars ($1,000,000)
per occurrence/ aggregate to be maintained for two (2) years following acceptance
of the work by the City.
c. Contractual Liability expressly including liability assumed under this Contract.
d. Personal Injury liability.
e. Independent Contractors' (Protective) liability.
f. Severability of Interest clause providing that the coverage applies separately to
each insured except with respect to the limits of liability.
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FY 2022-2023 Community Development Block Grant Program City/Non-Profit Public Service Contract Amendment
4. For either type of insurance, coverage shall include the following endorsements, copies of
which shall be provided to the City:
a. Additional Insured Endorsement:
Such insurance as is afforded by this policy shall also apply to the City of Cupertino, and
members of the City Council, and the officers, agents and employees of the City of
Cupertino, individually and collectively, as additional insureds.
b. Primary Insurance Endorsement:
Such insurance as is afforded by the additional insured endorsement shall apply as primary
insurance, and other insurance maintained by the City of Cupertino, its officers, agents,
and employees shall be excess only and not contributing with insurance provided under
this policy.
c. Notice of Cancellation or Change of Coverage Endorsement:
This policy may not be cancelled nor the coverage reduced by the Company without 30
days prior written notice of such cancellation or reduction in coverage to the City of
Cupertino at the address shown on the Certificate of Insurance.
d. Contractual Liability Endorsement:
This policy shall apply to liability assumed by the insured under written contract with the
City of Cupertino.
e. Personal Injury Endorsement:
The provisions of this policy shall provide Personal Injury coverage.
f. Severability of Interest Endorsement:
The insurance afforded by this policy shall apply separately to each insured that is seeking
coverage or against whom a claim is made or a suit is brought, except with respect to the
Company's limit of liability.
5. Comprehensive Automobile Liability Insurance for bodily injury (including death) and
property damage which provides total limits of not less than one million dollars
($1,000,000) combined single limit per occurrence applicable to all owned, non-owned
and hired vehicles.
6. Worker's Compensation and Employer's Liability Insurance for:
a. Statutory California Workers' Compensation coverage including a broad form all-
states endorsement.
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FY 2022-2023 Community Development Block Grant Program City/Non-Profit Public Service Contract Amendment
b. Employer's Liability coverage for not less than one million dollars ($1,000,000)
per occurrence for all employees engaged in services or operations under this
Contract.
c. Inclusion of the City and its governing board(s), officers, representatives, agents,
and employees as additional insureds, or a waiver of subrogation.
7. Professional Errors and Omissions Liability Insurance
This type of insurance should be provided by persons/entities you contract with to provide you
with professional services.
a. Limits of not less than one million dollars ($1,000,000).
b. If this policy contains a self retention limit, it shall not be greater than ten
thousand dollars ($10,000) per occurrence/event.
c. This coverage shall be maintained for a minimum of two (2) years following
termination of this Contract.
The City must first approve any exceptions to the above requirements.
8. Bond Requirements
Fidelity Bond - Before receiving compensation under this Contract, Contractor will furnish City
with evidence that all officials, employees, and agents handling or having access to funds
received or disbursed under this Contract, or authorized to sign or countersign checks, are
covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of
the maximum financial obligation of the City cited herein. If such bond is cancelled or reduced,
Contractor will notify City immediately, and City may withhold further payment to Contractor
until proper coverage has been obtained. Failure to give such notice may be cause for termination
of this Contract, at the option of the City.
9. Special Provisions
The following provisions shall apply to this Contract:
a. The foregoing requirements as to the types and limits of insurance coverage to be
maintained by the Contractor and any approval of said insurance by the City or its
insurance consultant(s) are not intended to and shall not in any manner limit or
qualify the liabilities and obligations otherwise assumed by the Contractor
pursuant to this Contract, including but not limited to the provisions concerning
indemnification.
b. The City acknowledges that some insurance requirements contained in this
Contract may be fulfilled by self-insurance on the part of the Contractor.
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FY 2022-2023 Community Development Block Grant Program City/Non-Profit Public Service Contract Amendment
However, this shall not in any way limit liabilities assumed by the Contractor
under this Contract. The City shall approve any self-insurance in writing.
c. The City reserves the right to withhold payments to the Contractor in the event of
material noncompliance with the insurance requirements outlined above.
d. If the Contractor fails to maintain such insurance as is called for herein, the City
must order the Contractor to immediately suspend work at Contractor's expense
until a new policy of insurance is in effect.
CDBG Grant Program
Final Audit Report 2022-06-28
Created:2022-06-28
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAA9oRAkIkrOyLnj4ywQxy3AhVUe6MW1zya
"CDBG Grant Program" History
Document created by City of Cupertino (webmaster@cupertino.org)
2022-06-28 - 3:26:57 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
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Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2022-06-28 - 6:07:59 PM GMT - Time Source: server- IP address: 73.170.27.253
Document emailed to liveoak1147minnesota@gmail.com for signature
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Agreement completed.
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