CC Resolution No. 8033
RESOIIJI'ION NO. SO))
A RESOIIJI'ION OF THE CITY CXJUNCIL OF THE CITY OF aJPERl'INO
AUIlKJRIZING EXmJI'ION OF OOE-YEAR 1\GREEMENl' BEIWEEN THE CITY OF aJPERl'INO
AND aJPERl'INO cx::øtUNITY SERVICES AND THE EXPENDrruRE OF $15,000
FRCJoI THE SENIORS AND HANDICAPPED musING FUND
WHEREAS, there is a cont:inuirg need for affordable rental units
within the city of CUpertino, particularly f= seni= citizens; and
WHEREAS, deve1cpnent of affordable rental units for low-inccme seni=
citizens will enable the City to help meet its assisted housin;J goals, as
described in the Housin;J Element of the General Plan; and
WHEREAS, the City Council has approved agreaœnts with DeAnza
Properties to designate ten (10) affordable rental units for seni=
citizens within the retirement develcpnent CCI11I\'Cnly known as O1ateau
CUpertino; and
WHEREAS, the City Council has selected CUpertino Ca'mmJnity Services
as the local agerq to provide placement and screenin;J services to
determine eligibility for low-inccme seniors for the affordable units at
O1ateau CUpertino; and
WHEREAS, the terns and comitions of a one-year agreement between the
city of CUpertino and CUpertino Ca\1nI.Jnity Services have been reviewed and
approved by the City Attorney and the City's senior and Han:ticawed
Housin;J F\mi Camlittee;
NCM, 'lHEREFORE BE IT RESOLVED, that the City Council of the city of
CUpertino hereby authorizes the execution of said agreaœnt;
BE IT FURIHER RESOLVED that an allocation not to exceed $15,000 in
Below Market Rate Program in-lieu fees now in the seniors and Han:ticawed
Housin;J F\mi is authorized for payment to CUpertino Camumity Services f=
professional services to inplement the affordable housin;J program at
O1ateau CUpertino;
BE IT F'UR1HER'RESOLVED that the Mayor and the City Clerk are hereby
authorized to execute said agreaœnt on behalf of the City of CUpertino.
PASSED AND ADOPI'ED at a regular meetin;J of the city Council of the
city of CUpertino this 5th day of February, 1990 by the followin;J vote:
vote
AYES:
NOES:
ABSENl':
ABSI'AIN:
Members of the city Council
Goldman, Sorensen, Szabo, Rogers
None
Koppel
None
ATI'EST:
APPROVED:
Isl Dorothy Cornelius
City Clerk
Isl Barbara A. Roger~
Mayor, City of CUpertino
J\l::RF.FMFN1'
'!his Agreement is made and entered into this _ day of ,
19_, 1:7¡ and beb¡een the City of CUpertino, a III1IÚ.cipal corporation
("city") and CUpertino Cc:InIIImity Services, a nonprofit ...:ß:~",tion
("Corporation") .
WI'INESSElH
WHEREAS, City has received furrls through a Below Market Rate (BMR)
housin;J p1:": L"'''' and furrls through other sœrces iœl\.Idin;J Cc:InIIImity
Developnent Block Grants and one of the p.u:poses of such furrls are to
increase and administer the creation of affordable rental housin;J
iœl\.Idin;J housin;J f= the very elderly.
WHEREAS, City has agreed to a p1:'-": Lctl1\ whereby ten (10) elderly
con:p:-egate units will be available at affordable prices to benefit senior
citizens without econcxnic resources to afford such units. '!his Agreement
is consistent with the objectives of the CUpertino General Plan Housin;J
Element, and the city's Seniors and Harrlicawed Housin;J F\Irñ.
WHEREAS, City has agreed as part of the p1:": Lcun to use a suitable
nonprofit agency to administer the 0CCI1paI'1Cy of these units directly with
the management of ctJateau CUpertino. '!he City has selected CUpertino
Camnunity Services as the administrator of such p1:'-": LàIII.
NOW, 'IHEREFORE, the parties agree as follows:
I. PROGRAM
City agrees to allocate to the Corporation a sum not to exceed $15,000
in furrls f= the p.¡rpose of ÍJ!plementin;J the housin;J 1JL": LCUII ("Program")
as m:>re particularly described in Exhibit "A" (Program Description) ,
Exhibit liB" (Project Work Plan and Time Schedule), and Exhibit "C"
(Project Budget) .
II . '!'J!M1
'!he tenu of this Agreement shall begin upon awroval by City and shall
tenuinate one calerrlar year fran such date or the date of the experxliture
of the total grant annmt provided f= herein, = upon the tenuination
date established p.u:suant to section V or section VII.
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III. OBLIGATIONS OF CORPORATION
A. Organization of Oxpolation. Ckl"JLc!ition shall:
1. Provide City with:
a. Its Articles of Incorporation urrjer the laws of the state of
California¡
status;
b. A copy of the current Bylaws of O:4l"JLation;
c. Documentation of its Internal Revenue Service 1'U'lJI.ofit
d. Names and addresses of the current Board of Directors of
O:>1.l"JLation¡ and,
e. An adopted copy of CoIpœ:ation's persormel policies,
pr~'r8S and a~ affimative action plan.
2. Report arr¡ c::han3'es in CoIJJoration's Articles of Incorporation,
Bylaws, Board of Directors, persormel policies and ptooedures, affimative
action plan, or tax exenpt status imnediately to Program Manager.
3. Maintain no member of its Board of Directors as a paid
enployee, agent or SlIbooJ1b.actor urrjer this Agreement.
4. Open to the p.¡blic all meetin;Js of its Board of Directors,
except meetin;Js, or portions thereof, dealin;J with persormel or litigation
matters.
law.
5. Keep minutes of all its regular and special meetin;Js.
6. Calply with all provisions of California Nonprofit CoIJJoration
B. Pl.oglalll PerfOZ1l1al'KJe by Ckl"JLation. Ckl"JLation shall:
1. Develcp eligibility criteria for low-in:xme senior hœsin;J in
units located in O1ateau CUpertino.
2. screen awlicants for qualification.
3. Develcp and maintain a waitin;J list of qualified awlicants.
4. File annual reports with the City on the types and numbers of
services rerdered to CUpertino beneficiaries through the operation of the
project, which reports shall evaluate the manner in which the project is
achievin;J its goals. '!he reports shall be due within ten (10) workin;J days
of the end of the calerdar year and shall oover the entire year
iJmnediately preced.in;J the date on which the lq.¡uL L is filed. Said lq.¡uLls
shall be made on fonns a~ by City. 'lhe City may request interim
reports I:ut not =re frequently than every three (3) =nths.
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5. Coordinate its services with other existin;J organizations
providin;J similar services in order to foster cx:rrmmity coopeI:ation and to
avoid unnecessary duplication of services.
6. Notify City within ten (10) days of the receipt of arr¡ local,
state, federal, or private sources of revenue for use in ~t of this
operation or service.
7. Include an acknc:Mledgement of City furdirg an::1 ~t where
appropriate.
C. Fiscal Responsibilities of Corporation. Corporation shall:
1. Appoint and subnit the name of a fiscal agent who shall be
responsible for the financial and ac:countin;J activities of Corporation,
in::l1.Jdin;J the receipt and disb.Irsement of Cœ:poration fun:Js. '!he City
shall i:nmediately be notified in writin;J of the a¡:pointment of a new
fiscal agent and that agent's name.
2. Establish and maintain an acc:ountin;J system that shall be in
conformance with generally aocepted prin::iples of ac:countin;J. '!he
acc:ountin;J system shall be subject to revier,.¡ and a¡p:oval of City.
3. Doc\JIIent all Program costs by maintainin;J records in accordance
with section III, Paragra¡;il D below.
4. SUbnit on a quarterly basis, within ten (10) workin;J days of
the end of the quarter, a payment repast containin;J a 6I.mII\arY statement
of ~q;>osed expen:litures and revenue for the quarter i:nmediately followin;J
the date on which the report is filed and cunu1ative totals iran the
effective date of this agree¡ænt. In addition, the anomt of actual
expen:litures shall be reported to City within ten (10) workin;J days of the
end of each quarter. said reports shall be made on fonrs approved by City.
5. SUbnit to the City's Finance Director an annual audit performed
by an in:leperx:1ent auditor.
6. Certify insurability subject to City a¡p:oval.
7. If applicable, subnit an in:lirect cost plan to City for
a¡p:oval.
8. Items 1 through 7 are express comitions preoedent to arr¡ City
furdirg and failure to CXIIply with these comitions will, at discretion of
City, result in suspension of furdirg or termination of this Agreement.
9. Corporation is liable for repayment of all disallCMed costs.
Disallowed costs may be identified through audits, m:mitorin;J or other
sources. Corporation shall be required to respoIXi to arr¡ adverse fin:iin;Js
which may lead to disallowed costs.
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D. Fstablishment and Maintenance of RecoI:ds. a:...~atian shall
maintain oœplete and accurate rE!<::uLùs of all its transactions i.ncludin;¡,
bIt not limited to, u.n1l...Lacts, invoices, time cards, cash receipts,
VOJChers, canceled checks, bank statements, client statistical r.........ùs,
personnel, prq¡erty and all other pertinent re....xÙS sufficient to reflect
prq¡erly (1) all direct and irñirect costs of whatever nature c)"im<:rl to
have been incurred or anticipated to be incurred to perform this Agreement
or to operate the Program, and (2) all other matters covered by this
Agreement.
E. Preservation of Reco...ÙS. Coq;xn:ation shall preserve an:!. make
available its records:
1. until the eJq)iration of three years fran the date of final
payment to Corporation un:ler this Ag1:ee¡uent; or
2. for such lon;¡er period, if arr¡, as is required by a¡:plicable
law; or,
3. if this Agreement is COlI'pletely or partially tenninated, the
records relatin;J to the work tenninated shall be preserved and made
available for a period of three years fran the date of tennination.
F. Examination of Records; Facilities. At arr¡ time durin;J nomal
J::usiness hours, and as often as may be deemed J""""'OC'';!ary, Co1.~ation
agrees that the City's authorized representative(s) may until eJq)iration
of (1) three years after final payment un:ler this Agreement, (2) three
years fran the date of tennination of this ag:¡:ee¡nent, or (3) such l~
period as may be described by awlicable law, have access to and the right
to examine its plants, offices and facilities used in the performance of
this Agreement or the operation of the Program, and all its records with
respect to the Program and all matters covered by this Agreement.
Corporation also agrees that the City's authorized representative(s) shall
have the right to audit, examine, and make excerpts or transactions of and
fran, such records and to make audits of all contracts and subcontracts,
invoices, payrolls, records of personnel, comitions of enployment,
material an:!. all other data relatin;J to the Program and matters covered by
this Agreement. Col~ation will be notified in advance that an audit will
be conducted. Corporation will be required to resporxi to arr¡ audit
f:irx:1in;Js, and have the responses included in the final audit report. '!he
cost of arr¡ such audit will be borne by City.
G. Calpliance with law. Corporation shall l::>ecnue familiar and c:œply
with and cause all its subcontractors and enployees, if arr¡, to becane
familiar and comply with all awlicable federal, state and local laws,
ordinances, codes, regulations and decrees.
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IV. OBLIGATIONS OF CITY
A. Method of Payment. Durin;J the teDn of this Agreement, City shall
reiJDI::urse cu.p:nation for all allowable costs and expenses incm:red in
oannection with the Pl."": LCUU, not to exoeed the total sum of Fifteen
'n1cusarñ Dollars ($15,000.00) except that the City may, after the
<..uLLective action ~oc~dl1re is followed, suspen:i or terminate payment to
<:Jcxporation, in whole or in part, urrjer this Agreement or not to make arr¡
particular payment urrjer this Agreement based on <:Jcxporation's
I1OI'ICXIIpliance, includin;J, b.1t not limited to, :i.ncœplete documentation of
expenses, failure to subnit adequate progress L"iJUL ls as required herein
or other incidents of nonccrrpliance as described in section V, Paragra¡;h
B, of this Agreement or based on the suspension or termination of the
¡,4:"": Lcam to City made p.æsuant to Resolution No. 4224.
V. cnn'RAcr cx:MPLIANCE
A. Monitorin;J and Evaluation of Services. Evaluation and =nitorin;J of
the Program performance shall be the Im1tual responsibility of both City
and <:Jcxporation. corporation shall furnish all data, statements, records,
infomation and reports necessary for Pl."": L<1I11 Manager to =nitor, revier,.¡
and evaluate the performance of the Program and its CCII'p)n8Ilts. City shall
have the right to request the services of an outside agent to assist in
arr¡ sucil evaluation. Such services shall be paid for by City.
B. Contract NOI"ICCtIpliance. Upon receipt by City of arr¡ infomation
that evidences a failure by Co1.1JVLC1l::ion to cœply with arr¡ provision of
this Agreement, city shall have the right to require co=ective action to
enforce cœpliance with sucil provision. Areas of nonccrrpliance include b.1t
are not limited to:
1. If Corporation (with or without knowledge) shall have made arr¡
material mi::>repr esentation of arr¡ nature with respect to arr¡ infomation
or data furnished by city in connection with the PL"": L<1In.
2. If there is perñin;J litigation with respect to the performance
by COrporation of arr¡ of its duties or obligations urrjer this Agreement
which may materially jecçardize or adversely affect the urDertakin:.J of or
the car:ryin;J oot of the Program.
3. If Co.L¡,.:n:ation shall have taken arr¡ action pertainin;J to the
Program which requires City a¡:proval withoot havin;J obtained such
a¡:proval.
4. If COrporation is in default urrler arr¡ provision of this
Agreement.
5. If <:Jcxporation makes illl¡,4:q:Jer use of City funis.
6. If Corporation subnits to City arr¡ report which is incorrect or
:i.ncœplete in arr¡ material respect.
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C. Q)J:Lective Action Procedure. City upon occurrence or discovery of
noncarpliance by Corporation un::ler this Agreement, shall give Cal.!-VLcltion
notice of City's intention to deman:i conective action to enforce
CC1Ipliance. &xh notice shall inticate the nature of the noncarpliance and
the þL' o(>e<il1re whereby Corporation shall have the UWUL L.mity to
participate in fornulatin;J arr¡ COJ:Lective action r",",^",.uo::n::1ation. City
shall have the right to require the Co1:~ation President and/or Executive
Director to I!fP"'T at a hearin;J or meetirg called for the p.¡rpose of
OOl.lective action. '!hereafter, City shall fœ:ward to a....!-VLcltion specific
C01.Lective action I"",^""I.,~tions and a detailed timetable for
:iJrplementin;J these recu...,...ooations; such timetable shall allow Corporation
mt less than ten (10) nor m:>re than thirty (30) days to CC1Iply. Followin;J
:iJrplementation of the corrective actions, Corporation shall fœ:ward to
City, within the time specified by City, arr¡ docu1rentary evidence required
by City to verify that the corrective actions have been taken.
In the event that Co1:pœ.ation does not :iJrplement the ,,,;ul.Lective action
I.........,.,""'Xiations in aocordanoe with the cuuective action timetable, City
may susperxi payments hereurñer or teIminate this AgreeIÆmt.
D. Termination for Cause. Notwithstandin;J arr¡thin;J to the contrary
contained in the foregoin;J, City may teIminate this AgreeIÆmt by written
mtiœ to Corporation, if arr¡ of the events of noncarpliance listed in
Section V, Paragra¡i1 B, occur or are discovered, if Corpo1.cltion does mt
ÌI!plement arr¡ recamnerrled COllective action, if Co1:!-VLcltion is in
bankruptcy or receivership, if a member of the Co1:pœ.ation's Board of
Directors, the EKecuti ve Director or other administrative staff person is
the subject of investigation for w!:Ougdoin;J, or if there is reliable
evidence that Corporation is unable to operate the PIoglaln. Termination
urrjer this section shall be effective on the date mtice of termination is
received or such later date as may be specified in the mtice.
VI. PRCGRAM COORDINATION
A. City: '!he Housin;J and Services Coordinator, or his/her designee,
shall be the Program Manager for the City and shall =nitor progress and
performance of this AgreeIÆmt for City. '!he Program Manager shall be
responsible for all services agreed to be perfor:med by City.
B. Co1:J:J'lr.cltion: A sin;Jle Program Director who shall have overall
respoIlSibility for the PIogless and execution of this AgreeIÆmt shall be
assigned. Sha.ù.d circumstances or corditions subsequent to the execution
of this ÞqIeerneJ,t require a substitute or replacemeJJ.t Plo.;¡..cuu Director,
Co1:~Lcltion shall iIrmediately notify City of such occurrence. Program
Director and Corporation staff will cooperate fully with City in
fulfillment of this AgreeIÆmt.
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C. Correspcnience: All corresporrlence and notices required by this
Agreemel1t shall be sent to the parties at the followin;J address:
City:
Hœsin;J and Services Coardinator
Department of Carmmity Develc:pnent
City of CUpertino
10300 Torre Avenue
CUpertino, California 95014
Executive Director
OJpertino Carmmity Services
P. O. Box 654
OJpertino, California 95015
Q:4:pœ:ation:
All notices shall either be hand delivered or sent by United states
mail, registered or certified, postage prepaid. Notices given in such a
marmer shall be deemed received when hand delivered or seventy-two (72)
hours after deposit in the United states mail. 1my party may c:harK:Je his or
her address for the purpose of this section by givin;J five (5) days
written notice of such change to the other party in the marmer provided in
this section.
VII. TmMINATION
A. In addition to city's right to tenninate for cause set forth in
section V, either City or Corporation may susperd or tenninate this
Agreement for arr¡ reason by givin;J thirty (30) days prior written notice
to the other party. Upon receipt of such notice, performance of the
services hereurxier will be iInmediately discontinued.
B. Upon tennination, either un1er this Section VII or Section V,
Corporation shall:
1. be paid for all doc:t.nœnted services actually rendered to City
to the date of such tennination; provided, however, city shall be
obligated to c:c:arpensate Corpœ:ation only for that portion of Corporation's
services which are allowable costs and expenses as determined by an audit
or other m:>nitorin;J device;
2. turn over to City iInmediately arr¡ and all copies of studies,
reports and other data, whether or not completed, prepared by Co1.pœ:ation
or its sub::ontrac:tor, if arr¡, in cormection with this Agreement. All
documents fran awlicants or regardin;J awlicants shall be treated
confidentially. SUch materials shall becx:1,¡e property of city. Co1.~C1tion,
however, shall not be liable to City's use of :incclrplete materials or for
City's use of completed dOCUl1'e1'1ts if used for other than services
contenplated by this Agreement; and
3. transfer to the City arr¡ city furxis on hand and arr¡ aocounts
receivable attril:utable to the use of city furxis. All assets aCXJUired with
City furxis shall be returned to the City.
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C. Upon termination of this Agreement, O:n.1-=C1tion shall imnediately
provide City access to all documents, rec::óh1s, payroll, minutes of
meetin;Js, .......LespoIdence and all other data r¡ertainin;J to the city fun: s
granted to o....1JULC1tion pursuant to this Agreement.
VIII. PURŒASING REAL OR PERSONAL PROPERlY
A. Title to Personal P1.cpnty. Title to arr¡ personal pt:q)erty used in
cormection with the project shall vest as follows:
1. Personal ~C¥=Lty donated or p.¡rdlased with other than city
fun: s shall beoa.ae the pt:q)erty of O:n.1-=C1tion or person specified by the
donor or f1.In::lin;J source; otherwise the same shall beoa,ae the pt:q)erty of
City except for pt:q)erty and equipnent as described in 2.
2. Personal pt:q)erty and equipnent permanently affixed to b.1ildin;J
CMnE!d by O:n.poJ:ation shall becane the pt:q)erty of Corporation.
3. All other personal property, SUWlies and equipnent p.¡rdlased
pursuant to this Agreement and not consumed shall beoa,ae property of City.
B. Nonexpen:1able Prq:>erty. Nonexpen:1able property p.¡rdlased by
Corporation with fun: s provided by City, with a p.¡rchase price in excess
of One HuI'rlred Dollars ($100), must be a¡:proved in advance in writin;J by
City. City shall retain title to said property. If a Program will be
continued beyon:1 termination of this Agreement, City at its option, may
revert title to Corporation.
C. Purchase of Real Prq:>erty. None of the fun: s provided urrjer this
Jlgreel1l1!llt shall be used for the p.¡rchase of real pt:q)erty, unless City
aR=Ve5 such p.¡rchase in writin;J containin;J arr¡ comitions the City deems
ëtH,u.,¥-iate prior to the time Corporation finalizes such p¡rà1ase.
~l of arr¡ such contract or an option to p.¡rchase shall be prooessed
through the Program Manager.
D. Security Document. As a comition ~nt to City releasin;J fun: s
for the p.¡rchase of real property or an option to p.¡rchase real property,
Corporation shall prepare and execute a pranisso:ry note, deed of trust or
other Agreement restrictin;J the use of said real pt:q)erty for pnpcses
consistent with this Agreement.
IX. PROGRAM INa:ME
Incane generated by the Program shall be retained by COl:p01:ation. SUch
ÍI1CXIne shall be used to reduce the =nthly request for fun: s urrjer this
Agreement and for the same p.¡rposes and activities described in Exhibit A.
All provisions of this Agreement shall apply to the use of PL"YLCIIU ÍI1CXIne
for such activities.
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X. nIDEPENDENl' a:m'RACroR
'Ibis is an },qreemellt by and bet\òeen in:iepement ......,L....ctars and is not
Í1It.erŒId and shall not be construed to create the relationship of agent,
servant, eaployee, partnership, joint venture or association beaJeen
O:I1.~..tion and city. a.n.~ation, includin;J its officers, eaployees,
agents or subcontractors, shall not have arr¡ cla:im uroer this .Agreement or
otherwise against City for arr¡ Social Security, Worker's Cc:It'pensation, or
enployee benefits ext:errled to enployees of City.
XI. ASSIr.m\RTT :f'1'V
A. 'Ibis 1\greemelit may not be assumed nor assigned to another
"'-'L~ation, person, partnership or arr¡ other entity without the prior
written a¡:proval of City.
B. None of the work or services to be performed hereurñer shall be
assigned, delegated or subcontracted to third parties withoot the prior
written awroval of City. eq¡ies of all third party ,;uuL....cts shall be
subnitted to City at least thirty (30) days prior to the þL~
effective date. In the event city approves arr¡ such assi':J'w","lIt, delegation
or sul"-AJuL....ct, the suLu.nJL....ctors, assignees or delegates shall be ð~
to be enployees of Corporation, and CoL~L..tion shall be responsible for
their performance and arr¡ liabilities attad'ÚIJ:J to their actions or
anissions.
XII. DI~OSURE OF mŒIDENI'IAL ('·r.TENJ' INFORMATION
City and Corporation agree to maintain the confidentiality of arr¡
infomation regardin:;¡' awlicants for services offered by the Program
pursuant to this .Agreement or their ilI1mediate families which may be
obtained through awlication forms, questionnaires, interviews, tests,
l~ts fran p.¡blic agencies or c:a.mselors, or arr¡ other source. Without
the written permission of the awlicant, such infomation shall be
divulged only as neoesS'~ for purposes related to the perfonnance or
evaluation of the services and work to be provided pursuant to this
Agreemeut, and then only to persons havin;J respollsibilities urrjer this
Agreelllellt, includin;J those fUI:nis\1in:J services urrjer the Program through
~ S'1b:' .JL....cts.
XIII. HOlD HARMLESS
Corporation shall irdemnify and hold City, its officers, enployees and
elected officials, boards and cx:mnissions, hannless with respect to arr¡
damages, includin;J attorney's fees and court costs, arisin;J fran:
A. the failure of the Program to cœply with awlicable laws,
ordinances, codes, regulations and decrees; or,
B. arr¡ negligence or emission arisin;J out of arr¡ work or services
provided by Corporation, its officers, errployees, agents or subcontractors
urrjer the Program or this Agreement.
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c. city shall iroe.mnify and hold COJ:po:r:ation, its officers, and
enployees harmless with respect to arr¡ damages, iIx:l~ attorney's fees
and ccm1: costs, arisin;J oot of arr¡ negligent act or anission arisin;J oot
of arr¡ work or services provided by City, its officers, and enployees
urrjer this l\greement.
XIV. WAIVER OF RIGIfI'S AND REMEDIES
In no event shall arr¡ payment by City constitute or be construed to be
a waiver by City of arr¡ bread'! of the =venants or comitions of this
agreement or arr¡ default whid'! may then exist on the part of <l.u.~ation,
and the maJd.rx] of arr¡ such payment while arr¡ such bread'! or default shall
exist shall in no way iltpair or prejudice arr¡ right or :remedy available to
City with respect to such breach or default. In no event shall payment to
Corporation by City in arr¡ way constitute a waiver by City of its rights
to recover fran Corporation the amount of lOOney paid to <l.u.~:ration on arr¡
item which is not eligible for payment un:ler the Program or this
l\greement.
YN. NONDISCRIMINATION
In connection with the perfonnanoe of this l\greement, CoJ:po:r:ation
assures that no person shall be subject to discrimination because of sex,
race, religion or ethnic backgroun:i.
XVI. AMEM:'MENI'S
1IInen:bnents to the tenns or corxlitions of this Agreement shall be
requested in writin;J by the party desirin;J such amerximent, and arr¡ such
amen:iment shall be effective only upon the IIIlltual l\greement in writin;J of
the parties hereto.
XVII. INl'EGRATED IXJa.MENl'
'!his Agreement contains the entire Agreement between City and
Corporation with respect to the subject matter hereof. No written or oral
Agreements with arr¡ officer, agent or employee of City prior to execution
of this Agreement shall affect or m:>dify arr¡ of the tenns or obligations
contained in arr¡ documents c::auprisin;J this Agreement.
XVIII. MISCELlANEDUS
A. '!he captions of this Agreement are for convenience of reference
only, and the words contained therein shall in no way be held to explain,
m:>dify, anplify or aid in the interpretation, construction or meanirq of
the provisions of this Agreement.
B. All exhibits attad'!ed hereto and referred to in this Agreement are
incorporated herein by this reference as if set forth fully herein.
-lO-
IN WI'INESS WHæEDF, the parties have executed this Agreement in
duplicate the day and year above written.
~ as to fcmn:
City of 0Jpertin0:
By:
City Attorney
Mayor
Date
Date
Attest:
Co.L~ation:
By:
Executive Director
city Clerk
Date
Date
By:
President
Board of Directors
Date
misc/ocsagree
-11-
EXHIBIT A
CUPERTINO LIVING ASSISTANCE I
FIRST PROGRAM YEAR
CY 1990
PROJECT PROPOSAL COVER PAGE
APPLICANT ORGANIZATION:
NAME CUDertino Communi tv Services
ADDRESS
AGENCY DIRECTOR:
NAME Sallv Brennan
TITLE Executive Director PHONE NUMBER
SIGNATURE -
PROJECT NAME CUDertino Senior Livina Assistance I
DOLLAR AMOUNT OF FUNDS REQUESTED $ 15.000.00 *
* estimate, unused funds
shall be returned.
PROJECT SUMMARY:
Cupertino Senior Living Assistance I is a program whereby ten
(10) congregate units are provided to truly in need seniors who
otherwise would not have the economic means to a special type of
housing with services necessary for the dignified and healthy
living of these individuals. The individual's needs will be
determined by their suitability as far as health and physical age
and their ability to otherwise afford such housing. The non-
profit agency will look beyond low income or non existence of
assets to prevent the loss of such units to parents of wealthy or
well off and caring children. While preference shall be given to
seniors with "significant others" in the Cupertino area, in no
way shall any discrimination on the basis of race be allowed.
within the parameters of the minimum and maximum rent allowed,
the agency shall determine each individual's rental rate accord-
ing to the need of the individual. The agency shall work closely
with the management of the Chateau to assure continued compati-
bility to the full fare paying residents.
EXHIBIT B
~'~:OPO~,ED IMPLEMENTATION ACTlVIn 5CI-£DIJLE
AGENCY NAI"IE: CUPEP..TINO Dür-1tIUNITY SERVICES PRO.JECT NAME: COMMUNITY HOUSING PROGRAM
CALANDAR YEAR: 1990 PROGPAM YEAR: FIRST DATE PREPARED:
AGENCY DIRECTOR: Sl>UY BRENNAN PROJECT MA.NAGER: $ALLY BRENNEN/TBA
-
~,Iðte
1;11
begm and be completed. Once
Ibeclosel"monil,)~eddlJrin implem->ntation¡¡ cording olhistir esc~ledlJ e.
-
Til.le of Activities Monttl 1'10nlh Month Monlh I"lonlh 110nlh I"lonttl Month Month t'lonlh Month Month
\ 2 3 4 5 6 7 8 9 10 II 12
-
Hire ~,rogram staff Jomplete
Dlw¿I'Jp criterion ~omplete
Devel,)p Info packels
Devalop reporting forn ~ornprel¿
Reel' '-' i1 app licanls Begun
:)crt'en J',pplicants Begun
£1 igit.íI il',' list egun Comple e
Recommend QlJalified
applicants Begun c 5 0-1 0-1 0-1 0-1 0-) 0-1 0-\
oJ
'Juar I.er Ii reporls :( X :(
I. 1~.. ;¡le ~Iigibili\y li,l. v ;(
E. ,,'·,jllJ.'Ite pr-ogram X
1="1- ~Ijðre AI ,r,'J.j Report X
me th~{ VI
I
and ¡¡the scheduled
mplernenl the projecl
IJnder-taken to
estoœ
activit
the major
n detai
EXHIBIT C
nONTHL Y PROJECT BUDGET
NO COMMUNITY HOUSING PROGRAM
CUPERT
NAME
PROJECT
255-8033
SALLY BRENNAN/TBA
408)
PROJECT MAN.AGER
(
PHONE NUMBER
,
NON-PROFIT ORGANIZATION: CUPERTINO Ca1MUNITY SERVICES
SALL Y BRENNAN
AGENCY DIRECTOR:
Month
12
Month
11
1"1onth
10
M.onth
9
Month
8
Month
7
Month
6
Month
5
Month
4
Month
3
Month
~
L
Month
1
TEM
I
NE
I
L
SALARY
Personnel &. Benefits
83t
831
831
831
831
831
831
831
831
2
t
.6
1
')
1
.6
1
,583
I
w
69
69
OY
lï'r
lï'r
õV
69
10
69
10
88
10
88
12
45
es
ior,s
OFFICE EXPENSE
Rent
Telephone
Postaae
Pnnting/Suppl
SUDD lies
Travel
Uti I it ies
Equipment
Dues/Subscript
t1isc. Costs
180
750
275
-
275
350
OTHER EXPENSES
Turnover Costs
Accounting Svcs.
Contrôct Svcs
Insurance
Confer,mces
M i Sed Ilaneous
AlIvenising