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2001-017-Authorize Town Manger To Execute FY 2000-01 CDBG City-County ContractRESOLUTION 200.1 -17 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE THE FISCAL, YEAR 2000/01 COMMUNITY DEVELOPMENT .BLOCK GRANT CITY- COUNTY CONTRACT BETWEEN THE COUNTY OF SANTA CLARA AND'THE TOWN OF LOS GATOS WHEREAS, the Town of Los Gatos participates in the County Cooperative Community Development Block Grant Program; and WHEREAS, the Town entered into a Joint Powers Agreement and Cooperation Agreement with the County of Santa Clara to undertal~e, or assist in the undertaking of, essential .activities pursuant to Title I of the Housing. and Community Development Act of 1974, as amended, for Fiscal Years 1999 - 2002; and WHEREAS, this Joint Powers Agreement enables the County of Santa Clara to apply for and receive entitlement funds as an Urban County and establishes the respective .right and obligations of contracting parties, including the Town of Los Gatos, to such funds; and WHEREAS, the United States Department. of .Housing and Urban Development also renuires the County of Santa Clara and participating cities to enter into individual, annual contracts; and NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE THAT THE TOWNMANAGER IS AUTHORIZED TO EXECUTE: 1) The Community Development Bloclc Grant City-County Contract for the i period July 1, 2000, through June 30, 2001, between the County of Santa Clara and the Town of Los Gatos, attached as Exhibit A; and, 2) Future amendments to the Contract so long as they conform to the adopted Town budget; and, 3) Subsequent Community Development Bloclc Grant City-County Contracts for the period July 1, 2001 through June 30, .2002, between the County of Santa Clara and the Town of Los Gatos, including future amendments to the Contract so long as they conform to the adopted Town budget and aforementioned Joint Powers Agreement. PASSED AND .ADOPTED at a regular .meeting of the Town Council of the Town of Los Gatos, California, .held on the 20t~' day of February, 2001, by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Sandy Decl~er, Steve Glicl~rnan, Mayor Joe Pirzynsl~i. NAYS : None .ABSENT: None ABSTAIN: None .ATTEST: G %~? SIGNED: ~ ~----°~ AYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK ~JF' ''THE TOWN OF'LOS GATOS LOS GATC>S, CALIFORNIA a (~~~. Dl. D ~-I COMMUNITY DEVELOPMENT BLOCK GRANT COUNTY/CITY CONTRACT Contract No. LOS GATOS 01-00 THIS Contract is made and entered into by and between the COUNTY OF SANT~+-~ CLA,RA, a political subdivision of the State of California (hereinafter "COUNTY"), and the CITY/TOWN O'F ,L'OS CATOS (hereinafter "CITY") ,participating as a member of the County of Santa Clara COMMUNITY DEVELOPMENT BLOCK GRANT (hereinafter "CDBG") Joint Powers Agreement. The .allocation of funds pursuant to this Contract shall be a grant: COUNTY approved the allocation and disbursement of CDBG fiends to CITY on May 9, 2000. WITNESSETH WHEREAS, COUNTY has received CDBG Entitlement Program funds from the United States Department of Housing. and Urban Development (hereinafter HUD) as an entitlement jurisdiction pursuant to the provisions of Title 1 of the Housing and Community Development Act of 197„ as amended; and, WHEREAS, COUNTY has agreed to the. use by CITY, as a subrecpient, of a portion of COUNTY'S CDBG entitlement fora housing program to be operated within COUNTY and which shall benefit low and very '.low income households; NOW, THEREFORE., the parties agree as follows; I. `PROGRAM COUNTY agrees to allocate a portion of its CDBG entitlement, and/or program income as defined in 24 CFR 57:0 Subpart J, "Grant Administration" {570.500, to the CITY, as a subrecipient of the County being the sum of THREE HUNDRED SIXTY-NINE THOUSAND SEVEN HUNDRED FIFTY=NLNE DOL'L'ARS .AND NINE CENTS Dollars ($ 369,759.09 for the purpose of reimbursing the City for costs incurred to implement :the housing program (hereinafter "PROGRAM"). A lump sum figure is allocated for this contract and the parties understand and agree that the allocation is distributed by the COUNTY through reimbursing the CITY for allowed expenses, and no lump sum distribution of CDBG funds is made at the outset of this contract. Reimbursementfor Fiscal Year 2000/01 shall not exceed the total sum of the beginning fiscal .year Cash Control Sheet (fiscal year CDBG allocation of funds to CITY, and roll- over of unexpended CDBG funds from previousyears allocations to CITY), CITY is .granted authority to also expend :funds for eligible CDBG Housing activities from its approved rehabilitation program revolving loan .fund account, :including accrued Program Income. Such authority is based on CITY being in compliance with all Federal Rules and Regulations governing the CDBG PROGRAM, and the COUNTY CDBG Reallocation Guidelines. 't 1 As a condition to this contract CITY shall, submit numerous exhibits marked as noted. herein, attached to thin contract, incorporated 6y this reference, as though fully set forth as follows: Exhibit'°A" (Agency Description), E.~chibit "B" (Project Work Plan),. Exhibit "C" (Proposed Implementation Time Schedule) Exhibit "D" (Budget); Exhibit "E" (Certifications); Exhibit "F" (Assurances),. Exhibit "G" (Insurance), "H" (Contracting. Principles Documents),. and, if applicable, "I" (Urban. County Rehabilitation. Services) or an ee{uval'ent acceptable format for providing this information, for all allocated CITY projects awarded funding. during, Fiscal Year 2000/01. The approved versions of such submittals shall become a part of this Contract. by being attached hereto and by this reference incorporating such submittals. II. TERM A. The purpose of this Contract is for the COUNTY to disburse GDBG funds. Unless amended prior to its expiration, the term of this Contract. for disbursement purposes shall begin on Juiy 1, 2000 and shall terminate on June.. 30, 2001,. or unless terminated earlier pursuant to Section V or Section VII of this Contract. Invoices requesting disbursements. submitted after the expiration of the contract will be honored only for charges incurred during the contract term. B. The term of expenditure by. City for the grant amount provided for herein shall begin on Jul~l, 2000 and terminate. on the earliest of the following. dates as set. forth herein: June 30, 2001, or later date per amendment to this Contract; the date of the expenditure of the total grant,. and/or program income amount provided. for herein; upon the termination date established pursuant to Section. V or Section VII of this Contract. III. OBLIGATIONS OF' CITY A. C~ shall: Provide COUNTY with written certification that the following information will. be on file at the CITY offices,. and will be subject to monitoring. by HUD ancUor COUNTY HCD staff;. or their representatives. a. Names and addresses of the current CITY. Manager and CITY Council members; b. Copy of CITY'S approved Affirmative Action Plan;. and c. Records of all CITY Council meetings dealing with CDBG matters. 2. CITY shall provide COUNTY with information and housing objectives for the. Urban. County Comprehensive. Housing Affordability Strategy (CHAS) and/or the Consolidated Plan upon request at the beginning of each program year. 2 B. Program Performance by CITY. CITY shall: 1. Conduct the PROGRAM within Santa Clara County, for the purpose of benefiting ow and very low income households. 2. File quarterly reports with COUNTY on the, type and number of services rendered through the operation of the PROGRAM and a description of the beneficiaries of these services, which reports shall evaluate the manner in which the PROGRAM is achieving its objectives .and goals as a participating non-entitlement city. C. Fiscal Responsibilities of CITY. CITY shall: Appoint and submit the name of the CITY managerial staff who shall be responsible for the financial and accounting. CDBG activities of CITY, including the receipt and disbursement of CITY CDBG funds. The COUNTY shall immediately be notified in writing of the appointment of a new fiscal agent and that agent's name,. and CITY will submit three (3) new signature cards if applicable. 2. Establish and maintain an accounting system that shall be in conformance with generally accepted principles of accounting. The accounting system shall be subject ~to review and .approval of COUNTY, Document all PROGRAM costs by .maintaining. records in accordance with Section III, Paragraph D below. 4. Submit to the COUNTY request for reimbursement, as needed, supported by documentation as agreed to by CITY .and COUNTY. Certify current and continuous insurance coverage of CITY, subject to approval of COUNTY and in accordance with requirements as outlined in Exhibit " G" (Insurance); and obtain certificate of sufficient insurance from all subrecpients which shall. list CITY as additional insured.. 6. Subparagraph C. 1) through 5) .above are express conditions precedent to disbursement of any COUNTY .funding and failure to comply with these conditions may, at the discretion of COUNTY, result. in the suspension of funding or termination of specific projects in non-compliance; or initiate the suspension of funding or termination of this Contract as provided for herein. 7. CITY is liable for repayment of all disallowed costs and ineligible activities. Disallowed costs and ineligible activities may be identified through audits, monitoring or others sources. CITY shall be .required to .respond to any adverse findings. which may lead to 3 L J disallowed costs,: subject to provisions of OMB Circular A-87, "Cost Principles For State and Local Governments", and, A-128, "Single Audits of State and Local Governments". CITY shall be required to respond to any adverse findings which may lead to ineligible activities, subject. to provisions of 24 CFR Part 570.201-206 "Eligible Activities" and 24 CFR Part 570-207 "Ineligible Activities". D. Establishment and' Maintenance of Records. CITY shall:. Maintain complete and' accurate records of all its CDBG transactions including, but not limited to, contracts, invoices, time cards, cash receipts; vouchers,. canceled checks, bank statements; client statistical records, personnel, property and all other pertinent records sufficient to reflect properly: a. All direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred to perform this. Contract or to operate the PROGRAM; and b. All other matters covered by this Contract. E. Preservation of Records.. CITY shall preserve and make available its records: Until the expiration of five years from the date of final payment to CITY under this Contract;. or 2, For such longer period, if any as is required by applicable law;. or If this Contract is completely or partially terminated, the records relating to the work terminated shall. be preserved and made available for a period of five years from. the date of termination. F. Examination of Records: Facilities. At any time during, normal business hours, and as often as may be deemed reasonably necessary,. CITY agrees that HUD and the. COUNTY, andjor any duly authorized representatives may until expiration of: (a) five years after final payment is made pursuant to this Contract, (b) five years from the date of termination of this Contract, or (c) such longer period as may be prescribed by law: have access to and the right to examine Subrecipient CDBG records and facilities, The CITY shall provide language in it's Contracts with all. Subrecpients stipulating that at any time during normal business hours; and. as often as may be deemed reasonably necessary, Subrecipient agrees that HUD and the COUNTY, and/or any duly authorized' representatives may until expiration of: (a) five. years after final. payment is made pursuant. to this Contract, (b) five years from the date. of termination of this Contract,. or (c) such longer period as maybe prescribed by law: have access to and the right to examine Subrecipient CDBG records and. facilities. CITY also agrees that COUNTY or 4 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 emp oyment, materials and all other data relating to the PROGRAM and matters covered by this Contract. CITY will be notified in writing of intended audits. CITY will be notified in writing of .intended inspections of records and facilities .and of intended audits no less than three business days before such inspections or audits. CITY wall be required to respond in writing to the HCD Program Manager to-any audit findings,. and have the responses included in the final audit report. The cost of any such .audit will be borne by COUNTY. G. Compliance with Law. CITY staff shall become familiar and comp y with and require all its subcontractors, independent contractors and employees, if any., to become familiar and comply with all applicable Federal, State and local laws, ordinances, codes, Regulations and decrees including, but not .limited to, those Federal rules and Regulations, executive orders, and statutes identified in "F" ASSURANCES. 'Specifically, CITY shall comply with the requirements of OMB Circular No. A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally :recognized Indian Tribal Governments", and OMB Circular A-128 "Audits of'State and Local Governments." _ In addition, -CITY will comply with.Federal Regulations as cited in 2.4 CFR Part 570, Subpart J, and 24 CFR Part $5, and all other local, State or Federal laws applicable to this PROGRAM. IV. OBLIGATIONS OF COTJN'TY A. Method of Payment. During the term of this Contract, COUNTY shall reimburse CITY for all allowable costs and expenses incurred in connection with the PROGRAM, not to exceed the total sure of the beginning fiscal year Cash Control Record plus all Program Income accrued during the fiscal .year. Reimbursement for eligible expenses will be paid by COUNTY within thirty days (30) of the date the reimbursement request is received by COUNTY HCD staff, under the provision that the CITY has complied with all. PROGRAM regulations, and .contract conditions agreed to by CITY and COUNTY.. Reimbursement may be held back, in part or in full, by COUNTY, in the event of CITY'S non-compliance to PROGRAM regulations and :conditions. Substantial non-compliance includes, but is not limited to, incomplete documentation of expenses, failure to submit adequate documentation of PROGRAM progress as described in III, paragraph B.2, of this Contract, failure to provide and maintain an accounting system that shall be in conformance with generally accepted principles of accounting, or based on the suspension or termination of the Grant to COUNTY made pursuant to the Housing and Community Development Act of 1974, as amended. 5 B. In the case of CITY substantial non-compliance prior to exercising. any recourse authorized. herein, COUNTY shall initiate the following procedure; 1. Notify the CITY Coordinator in writing. of the alleged substantial non-compliance and request an immediate meeting. between CITY Coordinator and. COUNTY HCD Program Manager to resolve issue(s). If issue(s): is(are) not resolved satisfactorily within thirty (30) days,. notify CITY Manager in writing.. requesting an immediate meeting between CITY Manager, CITY Coordinator and COUNTY HCD Program Manager to resolve the issue(s). 2. Determine if any portion of the reimbursement request meets all eligible criteria, and if so, authorize payment. for the eligible portion of the reimbursement request; 3. Review the procedure to be followed under V. C. of this Contract'(CONTRACT COMPLIANCE, Corrective Action Procedure);. and 4. If applicable, forward a written report. to HUD's Regional Office detailing the substantial' non-compliance issues and the steps being. instituted to correct performance, copy to the CITY Manager. C. Compliance with Law. COUNTY shall become familiar and comply with and require. all its subcontractors and employees, if any, to become familiar and comply with all applicable Federal, State and local laws, ordinances, codes, regulations and decrees including, but not. limited to, those Federal. rules and regulations, executive orders, and statues identified. in "F" ASSURANCES'. Specifically, CO[JNTY shall comply with. the requirements of OMB Circular No. A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local, Federally recognized Indian Tribal Governments", and OMB Circular A1:2$ "Audits of State and. Local. Governments". In addition, COUNTY will comply with Federal. Regulations as cited' in 24' CFR Part 570, Subpart J, and 24 CFR Part 85, and all other Locale, State or Federal laws applicable to this PROGRAM.. V. CONTRACT COMPL>ANCE A. Monitoring and Evaluation of Services.. Evaluation and monitoring of the PROGRAM performance steal be the mutual responsibility of both COUNTY and CITY, with the understanding that HUD looks to COUNTY as the sole responsible party for meeting PROGRAM requirements. CITY shall furnish data, statements, records, information and reports as mutually agreed to by CITY and COUNTY as necessary for COUNTY to monitor, review and evaluate the. performance of the PROGRAM. and its components. COUNTY shall have the right to request the services of an outside agent. to assist in any such evaluation. Such services shall be paid for by COUNTY. 6 4. COUNTY shall have the right to require the presence of CITY officers at any hearing or meeting called for the purpose of considering corrective action; and 5. CITY has the .right to appeal all findings of non-compliance, and subsequent corrective action; with both the COUNTY Board of Supervisors and HUD. D. Termination for Cause, Notwithstanding anything to the contrary contained in the foregoing, COUNTY may terminate or suspend this Contract by written .notice to CITY for any of the following reasons: 1. The non-comp fiance .issue(s) as set forth in Section V, B have not been addressed and resolved within the aforementioned corrective action p an time period; 2. If CITY is in :bankruptcy or receivership; 3. If a member of CITY'S management is duly found to have committed wrongful acts in connection with the CDBG program (termination or suspension shall be applied only to that portion of the CDBG program for which the person who committed wrongful act is responsible).; 4. If there is reliable~evdence that CITY is unable to operate the PROGRAM. Suspension of payment or termination under this section shall be effective on the date notice of termination is received by CITY, or such later date as may be specified in the notice. VI. PROGRAM COORDINATION A. COUNTY. The County Executive shall assign a single PROGRAM MANAGER for COUNTY who shall render overall supervision of the progress and performance of this Contract by COUNTY. All services :agreed to be performed by COUNTY shall be under the overall direction of the PROGRAM MANAGER. B. :CITY. As of the date hereof, CITY has designated Regina Falkner to serve as CITY CDBG Program Coordinator, and C-~T~MANAGER Debra s. Fgone (~~signee approved. by the CITY Council) to assume overall responsibility for the progress and execution of this Contract. The COUNTY shall be immediately notified in writing of the appointment of a new CITY CDBG Program Coordinator, or a new CITY Manager (or assignee approved by the CITY Council).. C. NOTICES. All notices or other correspondence .required or contemplated by this 'Contract shal'1 be sent to the parties at the following addresses: 8 B'. Contract N'on-compliance. If CITY fails. to comply with any provision. of this Contract (2'4' CFR 85.43 "Enforcement") COiJNTY shall have the right to terminate this contract or to require corrective action. to enforce compliance with such. provision. Examples of non-compliance include but are not limited to: If CITY knowingly has made any material misrepresentation ofany nature with respect to any information or data. furnished to COUNTY in connection with the PROGRAM. 2. If there. is pending 1'itigation with. respect to the performance by CITY of any of its duties or obligations under this Contract which may materially jeopardize or adversely affect the undertaking of or the carrying out of the PROGRAM. The CITY and' COUNTY may negotiate a reinstatement of this Contract following termination or conclusion of such litigation. 3. If CITY has taken any action pertaining to the PROGRAM, which action required COUNTY approval,. and such approval was not obtained. 4. If CITY is in default under any provision of this Contract. 5. If CITY makes improper use of COUNTY funds. 6. If CITY fails to meet all provisions of the COUNTY CDBG Reallocation Guidelines,. or Joint. Powers Agreement.. C. Corrective Action Procedure. Once non-compliance is established the following procedure shall be initiated: 1. COUNTY HCD .Program Manager and' CITY Manager shall negotiate a time frame and course of action fore correcting the non-compliance; 2. Under this Contract, CITY shall provide COUNTY with a written. plan and time frame for correcting the non-compliance issue (s). Such plan shall be submitted by CITY to COUNTY within thirty (30) days of the initial non-compliance meeting between CITY and COUNTY. 3. CITY must initiate the corrective action procedure within sixty (60) days of the initial non-compliance meeting. between the COUNTY HCD Program Manager and' the CITY Coordinator (COUNTY, at their discretion, may extend this time line for extenuating circumstances); 7 COUNTY Charles Chew, 'HCD Program Manager Housing and Community Development Program 1735 North First Street, Suite '265 San Jose, CA 95112 CITY Town o f Los Gato s Name of CITY P_O_ Rc~x 949 Address of CITY Debra J. Figone Name of C-1'~Y MANAGER TOWN MANAGER 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. Any party may change his or her address for the purpose of this section by giving five days written notice of such change to the other party in the manner provided in this section. VII. TERMINATION A. In addition to the COUNTY'S :right to terminate for cause set forth in Section V, either COUNTY or CITY may suspend or terminate this Contract as provided for in 24 CFR 570, at Subpart J "Grant Administration", and/or 24 CFR 85.44 "Termination for Convenience". Provisions of the Reallocation Guidelines will apply, but maybe adjusted if termination is for cause. B. Upon termination, either under this Section VII or .Section V, CITY shall: 1. be paid .for all documented services actually rendered to COUNTY to the date of such termination;. provided, however, COUNTY shall be obligated to compensate CITY only for that portion of CITY'S services which are allowable costs and expenses as determined by an audit or other .monitoring device; 2. turn over to COUNTY immediately any and all copies of studies, .reports and other data, whether or not completed, prepared by CITY or its subcontractors or subrecipients, if any, in connection with this Contract. Such materials shall become property of COUNTY. CITY, however., .shall not be liable for COUNTY'S use of completed documents if used for other than the services contemplated by this Contract; and 9 l 1 transfer to the COUNTY any CDBG funds on hand and any accounts receivable attributable to the use of CDBG funds. All assets acquired with CDBG funds shall be returned to the COUNTY unless otherwise negotiated by separate Contract per the provisions of the Santa Clara County CDBG REALLOCATION GUIDELINES. C. Upon termination of this Contract, CITY shall immediately provide COUNTY access. to and copies of (if requested) all documents, records, payroll, minutes. of meetings, correspondence and all other data pertaining. to the CDBG entitlement fund granted to CITY pursuant to this Contract. VIII. USE AND DISPOSAL OF REAL OR PERSONAL PROPERTY CITY and COUNTY will be accountable for all applicable Federal Regulations as' detailed by 24 CFR Part 570,, Subpart J, i.e. 570.500 (Definitions), 570.503 (Agreements with Subrecipients), 570.504 (Program Income), and 570.505 (Use of Real Property) with regards to the use and' disposal of Real or Personal' Property purchased' in whole, or in part, with CD$G fund's. A. In addition, 24 CFR Part. 85 (The Common Rule) includes definitions under 24 CFR Part 85,3, however, Common Rule 85.31 (Real. Property) DOES NOT APPLY TO CDBG. ACTIVITIES. The following definitions will apply to this Contract: B. Definitions. 24 CFR,.. Part 85 {Common Rule) 85.3 1. Equipment means tangible, non-expendable, personal' property having a useful life of more. than one year and an acquisition cost. of $5,000 or more per unit. 2. Title as defined in detail in 24 CFR, Part 85.32 (a). Use as defined in detail in 24 CFR, Part 85.32 (c) (1). 4. Supplies as defined in detail in 24 CFR,. Part 85.33. 5. Procurement, Use and Disposition of Real Property as defined in detail by 24 CFR,. Part 570.503' (Agreements With. Subrecipients), 570.505 (Use of Real Property), and 570.504 (Program Income). 10 IX. PROGRAM INCOME Income generated by the PROGRAM shall be regulated by all provisions of 24 CFR 570 Subpart J "Grant Administration", and the Santa Clara County CDBG REALLOCATION GUIDELINES. (C. 1. a.c . j X. INDEPENDENT CONTRACTOR This is a Contract by and between independent contractors and is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between CITY and COUNTY. CITY, including its officers, employees, agents, independent contractors or subcontractors, shall not have any claim under this Contract or otherwise against COUNTY for any Social Security, Worker's Compensation, or employee benefits extended to employees of COUNTY. ' XL ASSIGNABILITY A. This Contract may not be assumed nor assigned to another CITY,. CORPORATION, PERSON, PARTNERSHIP or any other entity without the prior written approval of COUNTY. B. None of the work or services to be performed hereunder shall be assigned, delegated or subcontracted to third parties without the prior written approval of COUNTY. Copies of all third party contracts shall be submitted. to COUNTY at least ten days prior to the proposed effective date. In the event COUNTY approves of any such assignment, delegation or subcontract, the subcontractors, assignees or delegates shall be deemed to be employees of CITY, and CITY shall be responsib e for their performance and any liabilities attaching to their actions or omissions. The use of the word "employees" in this paragraph is limited solely to activities by those persons described herein, related to the management and ;potential repayment. of the program funds provided for in the Contract. The use of the term here does not create liability for personal .injuries, worker's compensation or other forms of liability, obligation or responsibility which flow from employee/employer relationships. XII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION COUNTY and CITY agree to maintain the confidentiality of any information regarding applicants for services offered by the PROGRAM pursuant to this Contract or their immediate families which maybe obtained through application forms, interviews, tests, reports from public agencies or counselors, or any other source. Without the written permission of the applicant, such information shall be divulged only if permitted by law or as necessary for purposes 11 `. ~ related to the performance or evaluation of the services and work to be provided pursuant to this Contract, and then only to persons having responsibilities under this Contract, including those. furnishing services under the PROGRAM through approved. subcontracts. XIII. HOLD HARMLESS CITY shall. indemnify and hold harmless,: the COUNTY, its employees and. elected officials, boards and commissions, with respect to any damages, including. attorney's fees and court costs, arising from: 1. Any negligent act or omission, or willful misconduct arising out of any work or service performed by CITY, its officers,. employees, agents or subcontractors under the PROGRAM or this Contract,. including. but not 1'irnited to the evaluation and monitoring.. of subrecipients PROGRAM performance. ' COUNTY shall indemnify, defend and hold harmless, the CITY,. its employees, officers, officials, boards and commissions, and agents, with respect to any claims, causes of action, or damages, including: attorney's fees and court costs, arising. from: _ The failure of COUNTY to reimburse CITY for eligible costs as defined by HUD and this Contracts and 2. Any negligent act or omission, or willful misconduct arising out of any work or service performed by COUNTY, its officers, employees,. agents or subcontractors under the PROGRAM or this Contract.. All additional. provisions set forth. in Exhibits "A" e "G", attached hereto and incorporated herein by this reference, e.g. Insurance "G", shall be required by CITY of all its program recipients. XIV. WAIVER OF RIGHTS AND REMEDIES In no event shall any payment by COUNTY constitute or be construed to 6e a waiver by COUNTY of any breach of the covenants or conditions of this. Contract or any default which may then exist on the. part of CITY,. and the making of any such payment while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to COUNTY with respect to such breach or default. In no event shall payment to CITY by COUNTY in any way constitute a waiver by COUNTY of its rights. to recover from CITY the amount of money paid to CITY on any item which is not eligible for payment under the PROGRAM or this. Contract. 12 XV. NONDISCRIMINATION In connection with the performance of this Contract, CITY assures that no person shall be subject to discrimination because of sex, ..race, religion, ethnic background, sexual preference, age, handicapped status., or union activity. XVI. EQUAL OPPORTUNITY REQUIREMENTS The County of Santa Clara is an equal opportunity employer. CONTRACTOR shall comply with all applicable Federal, State, and local .laws and regulations including Santa Clara County's equal opportunity requirements. Such laws inc ude but are .not limited to the following.: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of 1973 (Sections 503 and 504); California Fair Employment and Housing Act .(Government Code sections 12900 et sea,); California Labor Code sections 1101:, '1102, and 1102.1.. CONTRACTOR shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex gender, sexual orientation, mental disability,. physical disability, medical condition, political beliefs, organizational affiliations, or marital status in the recruitment, .selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation. XVII. AMENDMENTS Amendments to the terms or conditions of this Contract shall be requested in writing by the party desiring such amendments, and any such amendment shall be effective only upon the mutual Agreement in writing of the parties hereto. XVIII. INTEGRATED DOCUMENT This Contract, in conjunction with the Santa Clara County CDBG Joint Powers Agreement, contains the entire agreement between COUNTY .and CITY with respect to the subject matter hereof. No written or oral agreements, other than the Santa Clara County CDBG Joint Powers Agreement, with any officer, agent or employee of COUNTY prior to execution of this Contract shall affect or .modify any of the terms of obligations contained in any documents comprising this Contract. XIX. ATTORNEY'S FEES In the event it becomes necessary for any party to obtain legal counsel to enforce the terms of this contract, the prevailing party shall be entitled to recover .reasonable .attorney's fees and :costs. 13 XX. MISCELLANEOUS A. The captions of this Contract 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 Contract. B. All. exhibits attached hereto and. referred to in this. Contract are incorporated herein by this reference as if set forth fully herein. IN WITNES'S WHEREOF, the parties have executed this Contract in duplicate the day and year above written. ' ATTEST: Clerk, Board of Supervisors COUNTY OF SANTA CLARA Chairperson, Board of Supervisors APPROVED AS TO FORM AND LEGALITY: Deputy County Counsel APPROVED AS TO FORM: Orry P. Korb ~t~ Attorney Town. FY 2000/01. Files Cities -Contracts 2000/Ol Dec. 4, 2000 CITY Town, of Los Gatos By: Debra. J. Fgone Town Manager ~~ ({ Town of Los Gatos FY 2000-2U'Ux Community Development Block Grant City/County Contract .xhihitc A n Project: Affordable Housing Fund LG-00-11 Project No.: LG-99-11 Agency: Town of Los Gatos Site: (Site address same) 208 E. Main .Street Los Gatos, CA 95031 Regina Falkner, Community Services Director (408) 354-6820 .Project Description: These funds are intended to be used in conjunction with other city, state, and federal resources to facilitate the development of one or :more significant. housing projects. The Town's Housing Element states the "Town will utilize the Affordable Housing Fund to provide financial assistance to non-profit and for-profit developers who develop housing affordable to very low and low income households in Los Gatos, The Town Affordable Housing. Fund includes deposits from the Redevelopment .Housing, BMP In-lieu Fee, and CDBG .funds. Past projects .included, the Council allocated $120,000 in CDBG Affordable Housing Fund monies to Community Housing Developers for its Los Gatos Creek project at Miles Avenue. Project Work Plan: Direct Services; - Continue to investigate new affordable housing development projects. - Evaluate CHD .additional funding request for the Los Gatos Creek Apartment project. - Hire a consultant to review CHD funding request to offset expenses for the Los Gatos Creek project. - Consider contribution to Habitat for :Humanity to .help offset construction costs for the Charles St, Los Gatos project. Note: FY 1999-2000 balance of $75:00 from LG-00-32 and $4.00 from LG-DO-34, a total of $79.00 was reprogrammed to LG-00-11. Quarterly Goals Prepare and submit 4 .quarterly reports to Santa Clara County HCD staff. Monitor two projects. Timeline CHD project under construction. Anticipate completion and occupancy: February 2001. Review and consider additional funding request during 3 `d and 4`" quarter. Habitat for Humanity: Design specification on Charles St. project will be reviewed by the Town of Los Gatos Community Development. Dept. January 2001. Budget Balance available: $17,594 FY 1999-2000 I FY 1998-99 CDBG funding amount $9,169.00+..($79.,00 reprogrammed) ($9,248.00) $8,346.00 Unduplicated LG clients 12 12 Cost per year per client .$924.80 $695.:50 Total program budget $9,248..00 $128,346..00 CDBG as % of total 100% 6.50% (act.) Funding.: (LG-00-11) ~ 'unding: (LG-99-11) Town of Los Gatos FY 2000-2~~. ~ Community Development Block Grant City/County Contract Exhibit A - D Project: Charities Housing Development Corporation Project No.: LG-00-12 Transitional Housing for Survivors of Domestic Violence Agency: Charities Housing Development Corporation Site: Benton/El Camino Real 1'95 E, San Fernando Street Santa Clara San Jose, CA '95112 Berkeley Burbank, Project Manager (408) 28.2-1137 Project Description: The project is new construction of 25 units of affordable housing, including 24 units of transitional .housing for domestic violence survivors, and 1 resident manager unit. A child care center will also be built on-site. Charities Housing is the project developer; the project owner and operator is InnVison. Once the project is built, a number of domestic violence service providers will provide services to residents. Project Work Plan: Begin construction 1.2/15/00, Complete construction by 12/15/01. Quarterly Goals (See attached Agency Scope of Services) Timeline :Construction began 12/15/00. Complete construction by 12/15./01. Budget See below Funding: (LG-00-12) FY 2000-2001 I FY 1999-00 CDBG funding amount $0 $50,000.00 Unduplicated LG clients 0 n/a Cost per year per client n/a n/a Total program budget $0 $2,928,608.00 CDBG as % of total 0 1.71 %(act.) n'.\csd\2218\exh i bits.00'l ~` EXHIBIT B SCOPE OF SERVICES FOR 2000/01 CDBG TRANSITIONAL HOUSING FOR SURVIVORS OF DOMESTIC VIOLENCE PROJECT DESCRIPTION The proposed development consists of 25 units of co-housing for survivors of domestic violence, including a resident managers unit, and a child care facility. The units will be affordable to very low-income :households. Co-.housing communities respond to the basic needs of today's households (child care, social contact and economic efficiency) by combining the autonomy of private dwellings with the advantages of community living. Each.household has a private residence but also shares extensive common facilities with the larger .group, such as dining, children's playrooms, study rooms and laundry facilities. In Santa Clara County co-housing has been shown to be conducive in giving women and their children both. the privacy and the .community they need to regain control of their lives when transitioning out of an unhealthy living environment. These units will offer families an affordable living situation, .informal community support, child care and .centralized access to services specifically for battered women and their children. The architects for the development, McCamant and Durrett, are internationally recognized .leaders in the co=housing movement. The site is ideally'located adjacent to a CalTrain station and on a major bus arterial. Its central location places it in proximity to many employment .opportunities throughout the valley and the transportation necessary to capitalize upon those opportunities.. In addition, .its location will give .residents access to public services available in the broader community. Throughout the term of this Agreement, rent. charged to occupants of the units in the PROJECT shall not .exceed Thirty percent (30%) of the Annual Income of a household whose Annual Income equals the upper qualifying .limit for a Very Low Income Household, adjusted for household size. USE OF LOS GATOS FUNDS The funding approved by the Town of Los Gatos will. be used to cover construction of the .above described affordable housing. Contractor will be eligible to receive reimbursement of expenses when construction is 50% complete. Town of Los Gatos FY 2000-20~~ ~ Community Development Block Grant City/County Contract Exhibits A - D Project: 2nd Harvest Food Bank -Operation Brown Bag Project No.: LG-O1-31 Agency: Second Harvest Food Bank of Santa Clara and Site: 'Los Gatos Neighborhood Center, San Mateo Counties 208 E. Main St., and Villa Vasona 750 Curtner Avenue Apartments, 626 W. Parr Ave. San Jose, CA 9.5125-2118 Los Gatos, CA Cynthia McCown, Director of Services (408) 266-8866 Project Description: Bags of groceries are given to participants at local .distribution sites on a weekly basis. Nutrition and consumer education programs, a newsletter, volunteer activities, and recognition events are also provided at the local sites. Project Work Plan: Direct Services; 56 bags of groceries .distributed per week; 2912 per year 4 nutrition and consumer safety programs held 4 issues of senior newsletter produced and distributed 10 opportunities for program participants to volunteer per week; .520 per year 2 volunteer recognition events Indirect Services: 56 information and referral contacts Quarterly Goals Services are ongoing. (see :attached Agency Scope of Services) Timeline Agency assumes it will meet an equal portion of it's annual goal each quarter. Budget See below Funding: (LG-Ol-31) FY 2000-2001 I FY 1999-00 CDBG funding amount $3,600.00 $3,600..00 Unduplicated LG clients 75 78 Cost per year per client $48:00 $46.15 Total program budget $1,711,633.00 $1,851,.875.00 CDBG as % of total 0..2.1 (proj.) 0.19% (act.) ~~ .: AGENCY: SCOPE OF SERVICES FISCAL YEAH 2000-01 PROGRAM GOALS AND OBJECTIVES A. Provide weekly bags of groceries to low-income seniors residing in the Town of Los Gatos. B. Conduct nutrition and consumer education programs quarterly. C. Publish and distribute a quarterly newsletter. D. Provide volunteer opportunities within the Brown Bag Program and. recognition activities. Four quarterly installments of $900:00 each will be paid to the Second Harvest Food Bank for weekly bags of groceries provided to low-.income seniors during .Fiscal Year 2000-.2001. Payment to Second Harvest Food $ank shall be made in accordance with the terms of the Community Development Block Grant Agreement, and its amendment .between the Town of Los Gatos and .Second Harvest Food Bank. II. CLIENTS: A. Total number of unduplicated Los Gatos residents to;participate in ,program: 56 households weekly B. Demooraphic Reports .Demographic data regarding clients served, income, sex, race, .age, and handicapped status shall be submitted quarterly. Community Development Block Grant Page of csd33A:1exce~cdbgex0l.xis ( ,~. ~: EXHIBIT B SCOPE OF SERVICES F1SCAL YEAR 2000-01 LII. DIRECT SERVICES TO BE PROVIDED TO LOS GATOS RESIDENTS: Quarterfy Service Goals ~ a 2m 3rd 4m A. Weekly groceries 56 56 56 56 B. Nutrition ~ ConsumerVVorkshoPs 1 1 ~ ~ {materials) C. Quarterly Newsletter D. Volunteer Recognition E. Volunteer Opportunities IV. INDIRECT SERVICES TO BE PROVIDED TO LOS GATOS RESIDENTS A. Information and .Referral services will be provided as needed. 1 0 10 weekly 1 1 t0 weekly 1 0 10 weekly 1 1 10 weekly Annual Totals 56 4 4 2 10 weekly Page 2 of 2 CSd33A:\exceticdt~c,~axo~ .xis Community Development Block ran E- SCOPE OF SERVICES FISCAL YEAR 2000-01 AGENCY: .Long Term Care Ombudsman Program at Catholic Charities 1. PROGRAM GOALS AND .OBJECTIVES: OMBUDSMAN PRESENCE: Demonstrate an ongoing presence in Los Gatos long terra :care facilities through regular site visits. (168 site visits) 2• OMBUDSMAN ADVOCACY Maintain a sufficient number of trained, certified, and supported volunteers to contact/interview individual long term care residents and educate them about our role as advocates. (540 undup icated resident contacts) (2 volunteer recruitment and trainings) 3 • COMPLAINT INVESTIGATION Respond to .complaints /problems requiring Ombudsman intervention on behalf of long term care residents, investigate the complaints,. and mediate fair resolution. {56 complaint investigations) 4• COMMUNITY EDUCATION Inform the community about long. term care issues and trends by educating consumers and facility staff.. (100% response to inquiries for facility information, including licensing citations) II. CL_ A. Total number of unduplicated Los Gatos residents to participate program 540 B, Demographic Reports Demographic data regarding clients served, income, sex, race, age, and handicapped status shall be submitted quarterly. Four {4) quarterly installments of $1,930.00 each will 'be paid to Catholic Charities' Long Term Care Ombudsman Program for Ombudsman services including site visits., :information .and referral to Los Gatos' elderly residents during Fiscal Year 2000-2001. Payment to Catholic Charities shall be made in accordance with the terms of the Community Development Block Grant Agreement, and its amendment .between the Town of Los Gatos and Catholic Charities' .Long Term Care Ombudsman Program. Community Development Block Grant Page 1 oft csd33A;\excel\cdbgex0l_xls (~ ~~ Long Term Care Ombudsman Program at Catholic Charities EXHIBIT B SCOPE OF SERVICES FISCAL YEAR 2000-01 III, DIRECT SERVICE TO BE PROVIDED TO LOS GATOS .RESIDENTS: Quarterly Service Goals 1st 2°d .3rd .4th Annual Totals A. Site visits to Los Gatos''long term care .facilities on a regular basis and as needed. 42 42 42 42 168 B. Face to face contact with Los Gatos' long term careresident. 135 135 .135 .135 540 C. Respond to and investigate complaints on behalf of long term care residents. D. Advocate for long term care residents' right to self determination .for health care by witnessing Durable Powers of Attorney for Health Care. (This is actually a direct service but we can not guarantee how .many requests for witnessing will be received.) TV. INDIl2ECT SERVICES TO BE .PROVIDED TO LOS GATOS RESIDENTS A. Informational .mailing to Los Gatos Library B. Recruit, train, and maintain volunteers assigned to Los Gatos facilities. 14 14 2 1 14 14 S6 2 1 b 1 1 1 1 4 1 1 2 Community Development Block Grant Page 2 of 2 csd33A:\excel\cdbgex0l.xls ( Town of Los Gatos ~ FY 2000-2001 Community Development Block Grant City/County Contract Exhibits A - D Project: Live Oak Adult Day Services -Adult Day Care Project No.: LG-O1-33 Agency: Live Oak Adult Day .Services Site: 19 High School Court 19 High School Court Los Gatos, CA 95030 Los Gatos,. CA 95030 Colleen Hudgen, Executive Director (408) 354-478.2 Project Description: This program provides age-appropriate social and .recreational activities, exercise, .meals (breakfast and lunch), :and attention from professional taff. It also provides respite for participants' regular caregivers, usually family rnernbers, Information relating to elder care, counseling support, and `referral to other relevant community resources are also provided for the family members of program participants. Project Work Plan: Direct Services: 1,450 days of adult social day care, 6 hours per day 1,450 days of respite to caregivers 1;450 noon meals provided to day care participants by County 1,450 breakfast meals provided to day care participants by Agency Indirect Services: 120 information and referral contacts 100 staff consultation, counseling, and assessments 4 in-service programs Quarterly Goals Services are ongoing. (See attached Agency Scope of.Services) Timeline Agency :assumes it will .meet an equal portion of it's annual goals each quarter. Budget See below Funding: (LG-O1-33) FY 2:000-2001 FY 1999-00 CDBGfundingamount $16,530..00 $16,530.00 Unduplicated LG clients 21 21 Cost per year per client $787.14 $787.14 Total program budget $104,000.00 .$1.27,381.00 CDBG as % of total 15.89% (proj) 12.98% {act.) n: \cs d~22 l8\exh i b i ts. 00 l ~.. ~.. EXH---TWIT' B SCOPE OF SERVICES :FISCAL YEAR 2000-D1 AGENCY:. LIVE OAK ADULT DAY SERVICES I. :PROGRAM GOALS AND OBJECTIVES: The goal of this agency is to provide a program of adult social day care in a protected environment,. which will enhance the quality of life for frail elderly participants who might otherwise be left in isolation, and to effectively prevent or delay then institutionalization. The targeted clientele are .those less independent adults who, due to some disabling .condition such as Stroke, Parkinson's Disease, beginning Alzheimer's .Disease, and other maladie advanced age, are unable to participate in existing community programs designed for the ablef bodied senior population. 1. To operate adult social day care programs Monday through.Friday from 9 a.m.- 3 p,m, at the Los Gatos Center. 2. To perform .outreach activities culminating in the functional assessment of 21 unduplicated frail elderly Los Gatos residents during the year ending June 30, 2001. 3. To provide adult social day care to frail Los Gatos seniors each pro ram da social opportunities and psychological support unavailable through otherycomznunitg cervices, thereby preventing or Bela in Y 4. By June 30, 2001, to provide 1,450 days of service to frail elde ly Los Gato 5 • By June 30, 2001, to provide .1.,450 days of respite to caregivers of frail elderlyeLos Gatos seniors, thereby allowing caregivers greater flexibili 6. By June 30, 200.1, to serve both'breakfast and lunch to all clyientshnlattendance t the Los Gatos center.. There will be a minimum of 2, 900 well-balanced, nutritionally sound meals .served to Los Gatos residents during the year. 7 • By June 30, 2001, to provide a minimum of 4 training/educational ro rams f staff, volunteers, .and community members. P g or families, 9• By June 30, 2001., to provide a minimum of 120 referrals to relevant available community services to families in the Los Gatos .community. II. CLI._ E___ NTS A. Total number of unduplicated .Los Gatos residents B. Demo~ranhc Reuorts to participate in program: .Demographic data .regarding clients served, income, sex, .race, age, and handicapped status shall be submitted quarterly. Page 1 of 2 ~ ~..:. ~~ , III. .DIRECT SERVTC'F.~ Tn u~ nnn~~TT,r., m... ~~ _ . __ A. To provide 1.,450 days of adult social day :care to Los Gatos frail elderly (6 hours per day) B. To provide 1,450 days of respite to caregivers., corresponding to program hours C. Noon Meals/Provided by County. D. Breakfasts/Provided by Agency. Quarterly Services Goals .1st 2nd 3rd 4th ,Annual Totals 365 355 365 365 1,450 days days days days days 365 355 365 365 1,.450 .days days days days days 365 355 365 365 1.,450 meals meals meals meals meals 365 355 365 365 1,450 brkfst brkfst brkfst brkfst brkfst IV. INDIRECT SERVICES TO BE PROVIDED TO LOS GATOS RESIDENTS A. Staff Consultation, :counseling, assessments. 25 25 25 25 100 B. In-Service Community Programs, presentations of pertinent information on .issues of concern to the elderly and those caring for them, to which public is invited. C. Referrals and Outreach -Responses to inquiries _Outreach to increase community awareness -Linking of our clients to other appropriate available services. 1 1 1 1 4 30 30 30 30 .120 V. PAYMENTS Payments to LIVE OAK ADULT DAY SERVICES for services rendered in connection with the operation of adult social day care programs including meals and outreach activities during Fiscal Year 2000-01 will be .made on a quarterly basis. The amount paid to LIVE OAK ADULT D SERVICES will be based on the number of days of .adult social day .care provided multi lied by $11.40. The maximum amount payable during the contract term is $ L6, 530, p y Page 2 of 2 Town of Los Gatos FY.2000-2(lc~l Community Development Block Grant City/County Contract _ .Exhibits A - D .Project: S:TSU Foundation -The Health Place Project 1Vo.: LG-O1-34 LG-00-34 Agency: .San Jose State University .Foundation Site. 208 E. Main Street P.O, Box 7201.3.0 Los Gatos, CA 95030 San Jose, CA 95172-0130 Dr. Jean Sullivan, Faculty, School of Nursing (408) 924-3151 Project Description; San Jose State University nursing facility provides 5 rim p ary programs for the elderly of Los Gatos:. 1.) In-.home nursing services for the frail elderly; 2.) blood pressure screening and monitoring; 3.) consultation for agencies, clients,. and care givers; 4.) education; and 5.) information .and referral. Project Work Plan: Direct Services: 6:50 home visits to frail, home-bound clients (50 clients) 850 blood pressure screenings (70 clients) 400 consultations with agencies, clients, and/or caregivers (100 clients) 19 educational programs (76 clients) 60 Visits to Agencies Note: FY 1999-2000 $4.00 balance reprogrammed to Affordable Housing LG-00-11. Indirect Services: 200 instances of information and referral. Quarterly Goals Services are ongoing. {see attached Agency Scope of Services) Timeline Agency assumes it will meet an equal portion of it's annual goal each quarter. Budget See below Funding (LG-O1-34) Funding {LG-00-34) FY 2000-2001 FY 1999-00 CDBG funding amount $6 650,00 $4,524.00- ($4.0o balance reprogrammed, final amount) ($4,520) Unduplicated LG clients 347 .347 Cost per year per client $19.16 $13 ,04 Total program budget $'144,427.00 .$136,543.00 CDBG as % of total 4.60% (proj,) 3.31% (act.) ,, .: AGENCY: The. project includes five .primary programs for the elderly of Los Gatos (1) in-home nursing services :for the frail elderly {case management); (2) blood pressure screening and monitoring; (3) consultation for agencies, clients, and care givers; (4) education; :and (5) information .and referrals. Services are provided by Nursing faculty, thus elders benefit from a high level of professional expertise. Faculty carry their own .case load while students work under their supervision. The days vary according to the student sections. A project secretary provides services t0 hours per week all year. In addition to .keeping contract related statistics and reports, the secretary facilitates communication between the clients, students, and faculty. She also schedules clients foe blood .pressure monitoring. During non-academic times either registered nurses or faculty provide a .minimum of 12 hours per week of nursing care. The Nurse. Managed Centers Director (Coordinator) provides administrative support, contract management, consultation, and supervision for the :Health Place. Four quarterly installments of $1.,662.50 each will be paid to :San Jose State University Foundation I The Health Place for services .rendered in connection with the care of frail and elderly residents of Los Gatos rendered during Fiscal Year 2000- 2001. Payment to San Jose State University Foundation /The Wealth Place shall be made in accordance with the terms of the Community Development Block Grant Agreement and its .amendment between the Town of Los Gatos and. San Jose State University Foundation /The Health Place. ll. CLIENTS A. Total number of unduplicated Los Gatos residents to participate in program: 29b B. Demogra ho is Reo°rt,~ Demographic data regarding clients served, income, sex, race, age, and handicapped status shall be submitted quarterly. Community Development Block Grant 'Page 1 of 2 csd33A:1excel\cdbgex01.xls ~~ ~ ~ ~. II. DIR SCO FIS ECT SERVICES TO BE PROVID EXHIBIT B PE OF S R A v~gR ~n D TO nS G . yir~G nn ~+ ATO RFSID N Quarterly S Service Goals A• Frail Home Bound Home ~ ~ .~Cd 4th. B nnual Totals Visits 163 16:3 162 .162 650 B• Blood Pressure Screening/Monitoring 21.3 2:13 212 2 12 . 850 C. Consultation 100 100 100 100 400 D• Education 0 9 5 5 19 'E. I IV. INDIRECT SFRVI F TO B,~ .PROVIDED TO O ATOG RESIDENTS A• Information .and Referral. 8. C. Community Development Block Grant 50 1 Page 2 of 2 50 50 I 50 I Z00 csd33A:1exce1lcdbgex01. xls Town of Los Gatos FY 2000-2001 Community Development Block Grant City/County Contract .Exhibits A - D Project: Sobrato Family Living Center -Phase II Project No: LG-01-13 Site: 1493-1511 Agnew Road Agency: Emergency Housing Consortium .Santa Clara 2011 Little Orchard Street San Jose, CA 95125 Christina L. Hamley, Project Manager (408) 294-2100 X 2:10 Project Description: The project is a new construction of 19 units of emergency shelter, transitional housing, and :permanent, affordable; .supported housing for homeless families. Phase one consisted of 33 Units and was opened February 2000. In addition to housing, case management, tutorial assistance, job training, computer class, Head-Start services, and workshops are provided Monday through Fridays. The site also contains an on-site resident manager. Project Work Plan: Continue to secure financing and acquire property for Phase II. Begin construction in September 2000 and complete in February 2001. Quarterly Goals See attached Agency Scope of Services Timeline Begin construction in September 2000 and complete in February 2001. Budget .See below Funding: LG-O1-13 FY 2000-.2001 FY 1999-00 CDBG funding amount $20,000.00 $0 Unduplicated LG clients 10 p Cost per year per client $2,000 $0 Total program budget $3,298,380,00 $0 CDBG as % of total .61% (prof.) n/a ,,~M : EHC FAX N0. 2941400 ,, '' ' Sep. 12 2000 10:10AM P1 Town of Las Gatos Scope of :Services Sobrato Family Living Canter Phaso N Construction Project Brief Overview Emergency Housing Consortium has operated a homeless shelter in the City of Santa Clara for 15 years. This shelter, nailed the Santa Clara family Living Center, was one of very few such .resources for homeless families. In 1.997, the State of California announced Its ,intention to sell the,property to' Sun Microsystems. EHC worked closely with all parties concerned o ensure that the 32 :family shelter units are not lost and to seize this rare opportunity tv seats desperately needed additional affordable housing. We are pleased to say that an agreement `has been reached that will provide 50 new family units of emergency shelter, transitional and permanent housing plus a community center. The Sobrato'Famlly Living Center Project is a 2-phase project that will develop 50 units of .affordable emergency shelter, transitional and permanent housing in central Santa Clara County. Unlike many low-Income housing developments, this project wilt be affordable to families on very lvw incomes. Families who do not reach the threshold to be eligible for most affordable fiousing may enroll in our programs where they can develop skills, find employment, and repair bad credit. This project wilt maintain affordability by purchasing the entire property outright so that there is no significant debt burden. This will allow rents to be set very low and ensure that rent revenue and any grants that can be secured are used to develop the case management and support services components. The project will produce 19 emergency shelter units where homeless families will enroll for an initial 90 days period. During this time, staff will focus and assisting the family in .meeting their basic needs and start to :develop a oase management plan. Families enrolled In the .emergency shelter program will be encouraged to enroll in t!`te~ transitional housing program so that the underlying causes of their homelessness Can be addressed. The project wilt produce 40 transitional housing units providing up to one year of very affordable housing with extensive .case management and support services for homeless families with children. The project will also provide 21 .Permanent 1-lousing apartrnents providing affordable housing for homeless, formerly homeless and at-risk families with children. The project also includes 1 unit for the resident manager. Support services will be available for permanently housed families as well through an After-Care program. The project will serve homeless #amilfes (single and two parent families) from throughout Santa Clara County including the Town of'Las Gatos. A resident manager's apartmenk will also be constn,cted. Con--- ~truc~ t_lon The Sobrato. Family'Livinq Center will be developed in two phases. Phase I, consisting of 33 units and a community center, opened February 1, 200t), The S2t),4t~ in CDBG funding from the Town of Los Gatos wiN be used to fund construction costs detailed in the "Construction Cost" section. of the attached :budget EHC will be eligible to receive reimbursement of expenses when construction of Phase 11 is 50'/o Complete. This ..phase of the project (Phase ll) consists of the purchase of an additional i .acre parcel of land and the construction of 8 3 and 4-badroorn apartments in 2 apartment complexes and the conversion of 5 existing houses into 10 ~-bedroom flats (Tote( 18 apartments). Phase II will .provide 8 permanent housing units and td transttonal housing units. Construction -Rehabilitation of Five Yl~ng Houses Construction includes the conversion of 5 .existing houses located on the Agnew Developmental Center campus which is being developed by $un Microsystems. This project will move these ~ Cr,l. r' FAX N0. 2941400 .Sep. 12 2000 10:10AM P2 houses to an adjacent parcel of land and convert them for use as affordable housing thereby saving five historic buildings and providing additional affordable housing opportunities. :All five two-story buildings. were carefully selected to be relocated and reused. These cottages were studied for Conversion from single family homes to duplexes, with pne fiat at each floor. The scope of the rehabilitation of the existing cottages includes the following, based on the Secretary of State for iris :Interior Standards: ~ The original core building will be reused. - Fireplaces will be reconstructed, although they will not be operational. Y Existing wood windows will be replaced wtth new woad windows to match the existing configuration. New wood windows will be double-glazed. A Exterior appearances will be generally maintained, with minor modifications o recreate walls where windows or doors have been modified for additions. Egress windows shall be added as required bybuilding codes. Y The .interior center stairwell shall be maintained. Construction -New Construction of'Two Four Pkxes New construction of 1 4-piex. consisting of 3-bedroom unlb and 1 4-piex of 4-bedroom unfts. The eight new units are designed as three and four bedroom :flats in four-piex buildings. These apartment buildings are being designed in a'Medlterranean/Spantsh style with stucco exteriors, wrought iron and file roofs. The design of the units has been developed to take advantage of cost-saving features wht(e providing comfortable, safe and pleasant housing that is in keeping with the five historic houses and the overall development. Design parameters regarding finishes, utiilly delivery, etc, have been discussed as part of the cost estimating .process. Town of Los Gatos FY 2000-2(~~ ~ Community Developmen# 'Block Grant City/County Contract Exhibits A - D Project; Housing Rehab Administration Project No.: LG-01-52 Agency.: Town of Los Gatos LG-00-52 'Site: (Site address same) 208 E. Main Street Los Gatos, CA 95031 Regina Falkner, Community .Services Director (408) 354-6820 Project Description: The Town's Housing Conservation Program (HCP) assures participants a safe and comfortable living environment; helps to maintain the existing housing stock; and meets. the Town's General Plan housing objectives. The HCP provides low interest installment loans, deferred loans, and grants for eligible work items., which include; home repairs, earthquake retrofit work, health and safety .repairs, and accessibility modifications. The requested amount. would fund staff time necessary to manage the existing portfolio of loans and grants, and to promote the program to new participants.. Project Work Plan: Direct Services,: Manage .existing portfolio of 16 active loans and 15 deferred loans :Maintain loanLgrant inventory database Issue a total of 4 new grants and/or loans Coordinate intake and processing of new applications Manage new rehabilitation projects through completion Prepare 4 .quarterly deliverables to Santa Clara County HCD Indirect.Services: Respond to inquiries for information Promote the program in appropriate .local. media Quarterly Goals Ongoing review and processing of existing portfolio of 16 :active loans and 15 deferred loans Coordinate intake .and processing of 1-2 applications per quarter. ..Issue 1-2 loan grants per quarter Manage 1-2 .rehabilitation projects through completion per quarter Prepare 1 quarterly report to Santa Clara County HCD per quarter. Timeline .Estimate issuing 1-2 loan/grants per quarter. Manage 1-2 rehabilitation projects through completion per quarter. Budget Time cards are kept for employees working on CDBG related activities. Grant is charged for services on a reimbursement basis. (See budget on following page). Funding;. :.G-01.52) FY 2000-2001 ~ Fv ~ooo_nn CDBG funding amount ' $31,978.00 $45;000;00 Unduplicated LG clients 40 40 Cost per year per client $799.45 $1,125.00 Total program budget $112,855.91 $112,855.91 CDBG as % of total ' 28,34% {prof,) 39.87% Funding: (LG-00-52) FY 1999-2000 I FY 1998-99 CDBG funding amount $37,926,27 $29,453,12 Unduplicated LG clients 40 40 Cost per year per client $948.16 $736.33 Total program budget $112,855.91 $112,855.91 CDBG as % of total 33,61% (act) 2.6.10% (act.) ~ Town of Los Gatos FY 2000-2(~,i Community Development Block Grant City/Conn.. Contract :Exhibits A - D ~ Project: Urban County Rehab Services Project No.: LG-Ol-53 .Agency: County of Santa Clara LG-00-53 Environmental Resources Agency Site: (Site address same) Housing and Community Development Program 1735 North First .Street, Suite .26.5 San Jose, CA 95112 Mr. Charles Chew, Program :Manager (408) 441-0261 Project Description: The Santa Clara County Housing Rehab Specialist provides services to the Town as part of the Town's Housing Conservation Program (HCP). The .Specialist inspects properties for conformance with applicable codes, prepares a project work schedule, .manages the project bid, performs project inspections, manages the construction contract, and approves contractor payments. The requested amount is the flat fee charged by .the County for these services. Project Work Plan: Direct Services: Perform property inspections at the request of Town staff Prepare Project Cost Estimates following property inspections Coordinate bid :process for HCP participants Manage construction contracts, and supervise construction work on HCP projects Submit progress and final payment requests to Town staff Indirect Services: Respond to inquiries for information Quarterly Goals Perform 1-2 property inspections Prepare 1-2 project Cost Estimates Coordinate 1-2 bid process for HCP participants Manage 1-2 construction contracts, and supervise construction work on HCP projects .Respond to ongoing HCP inquires Timeline Process Project cost Estimate for one new project 7/00, and anticipate two during 4`n quarter. Coordinate bid process .for one project 11/00, .and anticipate two during 3 `d - 4th quarter. Managed two construction contracts through completion 12/00 and l/O1. Anticipate one during 3`d quarter and one during 4`n quarter. Budget ~ See budget on following page FY 2000-2.001 FY 1999-00 CDBG funding amount $15,000.00 $15,000..00 Unduplicated LG clients 4 4 Cost per year per .client $3,750.00 $3,750.00 Total program budget '$15,000:00 $:15,000.00 CDBG as % of total 100% (proj.) 100% :(act.:) Funding; (LG-Ol-53) Funding: (LG-00-53) n:\cstl~2218\exh ib its:001 Town of Los Gatos FY 2000-2U~rlCommunity Development Block Grant City/Coun Contr ty act Exhibits A - D Project: General Administration Project No,: LG-O1-91 Agency: Town of Los Gatos Site: .(Site address same) 208 E. Main Street Los Gatos, CA 95031 .Regina Falkner, Community Services .Director (408)354-6820 Project Description: Administer funding and monitor service delivery of all CDBG-funded programs and projects. Project Work Plan: Direct Services: Coordinate annual allocation of CDBG funds to nonprofit and Town projects Establish annual City/County CDBG contract Establish and :monitor funding contracts with nonprofit agencies Receive and review quarterly deliverables from nonprofit agencies Coordinate disbursement of CDBG funds to nonprofit and Town projects Prepare 4 quarterly deliverables to .Santa Clara County HCD Attend Urban County Staff meetings Indirect Services: Respond to inquiries for information Quarterly Goals Coordinate annual allocation of CDBG funds to nonprofit agencies and town projects. Review and monitor Town CDBG .funded nonprofit agencies on an ongoing basis. Review quarterly deliverables from nonprofit agencies on a quarterly basis. Prepare 4 CDBG Quarter Project Monitoring Reports and Rehab Revenue Expenses Reports. Attend Urban county Staff meetings. Timeline Coordinate annual allocation of CDBG funds to nonprofit and town projects during the 3~d quarter. Prepare and sign City/County Contract during the 3`d quarter. Monitor CDBG funded nonprofit agencies throughout the year. Review quarterly deliverables from .nonprofit agencies quarterly. Prepare 4 CDBG Quarter Project Monitoring Reports and Rehab Revenue Expenses Reports. Budget Time cards are kept for employees working on CDBG related activities. Grant is charged for services on a .reimbursement basis. (See budget on following page). Funding:. (LG-01-91) _ FY 2000-2.001 I FY i 999-00 CDBG funding amount $15,000.00 $ l 5,000.00 Unduplicated LG clients n/a n/a Cost per year per client n/a n/a Total program budget $166,47$ $166.,543 CDBG as % of total 9% (proj) 9% (act.) n:\csd\2218\exhi b its;001 ( Town of Los Gatos FY 2000-200 Community Development Block Grant City/County Contract Exhibits A - D Project: ADA Accessibility Improvements Project No.;. LG-01-41 ADA Accessibility Improvements LG-99-41 .ADA Accessibility Improvements LG-98-41 ADA Accessibility Improvements LG-97-41 Agency: Town of Los Gatos Site: (Site address same). 208 E. Main Street Los Gatos, CA 95031 Regina Falkner, Community Services Director (408) 354-6.820 Project Description: The Americans with Disabilities Act of 1990 (ADA) protects disabled individuals from discrimination in various areas, including state .and local government services. The ADA mandates public agencies to provide services, programs, and activities that are readily accessible to .disabled individuals. According to the 1990 Census, there are 275 people in Los Gatos with a mobility or self-care limitation (this .figure represents people between the age of 16 to over 65, without a work disability). The elderly population {65+) in the Town is 3,475, which accounts for 12% o of Town residents. ADA work benefits these populations. .Project Work. Plan: Direct Services: City Hall and Neighborhood Center (LG-O1-41): Retrofit Civic Center .and Neighborhood Center doors to be ADA compliant. by installing automatic door .opening equipment with handicapped logo push plate.. Existng doors are currently inaccessible to persons using a wheelchair. .Direct Services: Forbes Mill Museum {LG-99-41): Convert existing standard parking space to disabled parking space with van loading zone. Instal] .new curb ramp .from van loading zone to .sidewalk. Remove and replace sidewalk across entire front of museum. Bring all slopes into compliance with ADA allowances. Remove and reconfigure .ramp and landing from sidewalk to main entry of museum. Provide landing adequate to allow wheelchair access.. Install automatic door opening. equipment on front door, and relocate existing nonbearing wall inside museum. Direct Services: Tait Avenue .Museum {LG-99-41): Redesign restroom in full compliance of ADA. Reconfigure entry access and .install ramp from parking lot to main entry of museum. Remove existing broken concrete pad .and install sidewalk from parking lot to back floor of Natural History Museum. Direct Services: Oak Meadow Park (LG-98-41): Remove most existing playground equipment and divide the. area into "Tot" and "School .Age" areas; replace sand in these areas with resilient surface of chopped wood meeting Consumer Safety Playground Guidelines and ADA requirements; install concrete paved pathways from existing disabled parking spaces to and around the play equipment areas; asphalt the paved pathway from the parking spaces around the entire boundary of the meadow/lawn area to include paved access to the .large group picnic areas adjacent to the meadow; asphalt the paved pathway from parking .area to existing restrooms and carousel area: Adjust and modify existing. disabled parking spaces to van-accessible spaces. Direct Services: B~ ~.,som Hill Park (LG-98-41): Provide upgraded accessibility to the restroom/snackbar facility between the baseball field and tennis courts. Install paved sidewalk on east end of restroom building to allow wheelchair access tp women's restroom. Modify existing stalls :and plumbing fixtures in men's and women's restrooms to comply with ADA .standards. Direct Services; Library Restroom Remodel (LG-97-41): Provide :access upgrades to Library restrooms. Provide proper door :access, interior room turnaround radius, and .accessible toilet configuration. Any remaining funds to be used for audible signals at designated intersections throughout Los Gatos. .Indirect Services: Respond to potential ADA improvements Quarterly Goals Blossom Hill Park (LG-98-41): Send out RFP's, award contract, and begin work.. Forbes Mill Museum (LG-99-41): Send out RFD's, :award contract, and begin work. Tait Avenue Museum (LG-99-41); .Send out .RFD's, .award contract, and begin work. City Hall and Neighborhood Center (LG-Ol -41): Retain an architect to plan and coordinate this consolidated project. Review and upgrade the Town's emergency power generating .system. Timeline Blossom Hill Park (LG98-41): Forbes Mill Museum (LG99-41): Tait Avenue Museum (LG99-41),' Plans and specifications for this consolidated project consisting of ADA upgrades were completed last fiscal year. The project was advertised in late spring, but failed to attract bidders. The project was shelved and carried forward to the new fiscal year. Tt will be .advertised again in February 2001 and if satisfactory bids are received, construction would occur during the fourth quarter. City Hall and Neighborhood Center (LG-DI-41); Initial remedial work to upgrade the emergency power system at the Civic Center and Neighborhood Center to meet desired performance standards is anticipated to be completed in the third quarter. Subsequent design and construction work on all other elements of the project will occur throughout the remainder of FY 00-01 and O 1-02. Budget See budget on following page Funding (LG-O1-41) FY 2000-Oi I FY 1999-00 CDBG funding amount $50,000.00 $0 :Unduplicated LG clients n/a n/a Cost per year per client n/a n/a Total program budget $80,000.00 $0 CDBG as % of total 62.5% n/a .Funding (LG-99-41) FY 2000-01 I FY 1.998-99 CDBG funding amount $0 $50,000.00 Unduplicated LG clients n/a n/a Cost per year per client n/a n/a Total program budge $0 $50,000.00 CDBG as % r~f'r: _;al n/a n/a Funding (LG-9'~--41) FY 2000-01 FY 1997-98 CDBG fundirr; amount $0 $27,276.56 Unduplicated LG clients n/a n/a Cost per year per client n/a n/a Total program budget $0 $27,276.56 CDBG as % of total n/a n/a Funding (LG-97-41) FY 2000-O1 FY 1998-99 CDBG funding amount $0 $5,484.26 Unduplicated LG clients n/a n/a Cost per year per client n1a n7a Total program budget $0 $5,484.26 CDBG as % of total n/a n/a n:csd:\22 L8\eYhibits.001 ~ ~ EXHIBIT E CE.~T1 FtC,~,TIO NS 1n accordance with the applicable statutes and the regulations gcvernir,g the c: nsclidated plan regulations., the jurisdiction certifies that: Affirmatively r=urther Fair Housing -- i ne jurisdicacn will affirmatively further fair hcusirg, which means it will conduct an analysis of impediments to fair housing c;loice within :he jurisdiction, take appropriate actions to overcome the effects of any impediments identi <ed through that analysis, and maintain records reflecting that analysis and ac~aons in t,~lis regard. Anti-displacement and Relocation Plan - It wiil comply with the acquisition and relocation raCVirements cf the 'Unifcrrn Relecaticn Assistance and Real r roperty acquisition rclicies ,;c; cf 1570, as amended, and irnpiementing regulations at ~g C~;=t 24; and it has in exec; anc 's fCllOwing a r2Stdent{al antidlSplaCement and i elCCatlOn assistance Clan reCUlfed L'^der S?C;;C,^, 04(d) cf the housing and Ccmmuni~ Deve!cpment r1c: c a 'Y cf 1..7 ., as amended, in ccnr,e~ ~c,~ ~Nith ary activity assisted with funding under the C08C or ,'~GM'E procrams. Drug l=ree Workplace -- It will or will continus to provide a druc-free wcrfcclace hy: 1 . ~UGIIS~^ing a statement notifying employees :;lot th8 unia`rVfL'l manuiS~re,-C(Sa~CUtiCn, diSpEClSing, pCSS2SSlCn, C! USe CT a Controlled Substance IS prChlCtted In the grantee's 4'JOrkpl2Ce and Specirying the actlorlS that 'Nell be taken against emp'layees fCC VICIat1Cn Cf such prohiblticn; . 2. establishing an ongoing drug-free awareness program to inform employees a~c~r - {a) i ne dangers of drug abuse in the wcr'~tclaca; (bj i ne grantee's policy of maintaining adrug-free workplace; (c) any available drug counseling, rehi~biiitation, and amolcyee assistance prcgra~~,s; and (d) Tee ...penalties that may be imposed upon er-npioyees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the perormance of the grant be given a copy of the statement re ;aired by paragraph 1; 4. Notifying the employee in the statement re^uired by paragraph 1 thzt, as a condition cf employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notiry the employer in writing of his or fier conviction for a violation of a criminal druc statute occurring in the workplace no later than five calendar days after such V conviction; 5. Notifying the agency in writing,. within ten calendar days after receiving no ice under subparagraph 4(b} from anemployee or otherNise receiving actual notice of such conviction. Employers of convicted employees must provide notice, .including position title, to every grant crier ctner cesrcrea cn ~Nncse gram oiiry U:,e c~nvic--c emplcyee was wcsking, ur'~less t(^e Federal agency has designated a central pcirt `cr the receipt of such notices, Notice sl:,all inc;ude the identification number(s) of each affected grant; 6. Taking one cf the following actions, within 30 calendar days cf receiving notice under subparagraph 4(b), `Nith respect to any employee who is so ccnvictcd - (a) Taking. aoprcpriate personnel action against such an employee, up to and including. termination, consistent `Nith the requirements of the Rehaciiitation ,pct oft 973, as amended; or (b) Pequiring such empleye~ to participate satisfactcriiv in a drug abuse assistar.c~ cr rehabilitation program approved for such purposes by a ~edarad, State, cr local Ineaith, law enforcement, cr other appropriate agency; iV~arCing a gCOd filth °"fCri to COntinU@ tC maintain a drUC-free 'iVCr~CIaC@ ti"rv::C~ impl'ementaticn c paragraphs i , 2, 3; ~, ~ and ~, Anti-Lolrbyir,g -- I c the best of the ;urisdic.icn's ;~,nowlecce and ;,ehe'; 1. No Fndefai' aaLrocciated funds have been paid Of'Nlli' be paid, by cr cn beharf c-,' it, tc env pefSOn fG'r InflUenCing cr at*ernCting i0 Influence an CiriCer Cr emclCyae CT c.^,!! a~eriC'J, a ;~~iember of Cangress,'an cricer or em~ICyee Ct Co'ngr eSS, Cr an emCiOyee Cf a ~~lemder CT COngreSS I:n Connection `Nth the awarcing or any ~ ederai COntraCt, the making Of airy Federal grant, the making of .any'Federal loan, the entering into of any c~cperative 25rc~e'rnent, and the extensiCn, continuation, renewal, amendment, CT i?ICCITiCatlCn Cf anV Federai COhtraCt, grant, loan, or CCOCefatiVe aC~'r2en't@nt; , 2. If any fines ether than Federal approcriated funds have been paid. or ;viii he paid tc a~~y person. for influencing cr attemeting to influence an of-~ic~r cr em~lcyen of any acenc/, a i~iernber Of CvnereSS,, 3n oialCer of e;?1plCyce Of CCngresS, or an errlplCVee Cf a ~Vteff,~cr of Congress in connection with this. Federal contract, grant, Ican, or ccocer~tive afire°ment, It will complete and submit Sianderd Fefm-~:a~L, "I~iSC,OSUre` ~~Cfrn t0 R°^CR L.abbying," in accordance with its instructions; and ' 3. It will. require that. the language of paragraph (n) of this certifrcation be included in the award' documents for all subawards at all' tiers (including, subcontracts, subgrants, and contracts under grants, loans,. anal- cooperative agreements) and that ail subrecipients shall certiry and disclose accordingly, ~ ' Authority of Jurisdiction - The consolidated plan is authorized under State and local la`rJ (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding., in accordance with applicable, HU0 regulations. Consistency with plan. -The housing activities to be underta4<en with COBG, HOME, ESG, and HOPWA funds are consistent. with the strategic plan.. ' SeCion 3 - It will ccmply with section 3 of the Housing and Urban Develcpment r'~c*, of 1 ~~3, and impl eating regulations at 24 CFP Part 135. - . ~ 5/l5/'0D Signa ure/~luthocized ~a Date County Executive Title Specific CDBG Certifica.tians i ne `ntitlernent Community certifies that: Citizen Participation -- It is in full ccmpfiance and fcflcwing a detailed citizen par':ci~aticn~ plan that satisfies the requirements cf 24 Cr==y ~1 .105, Community Development Plan -- lts consolidated housing and community development plan identities communihy development and housing needs and specifies both short-term and Icnc- term community develcprnent objectives that prcvide decent housing, expand eccncmic y oocorunities primarily fcr persons of !ow and ~~~cderate ir,ccme. (See C P 24 5i0? a,,d C 2~ part 5?0) . FC1IC'wing a Plan -- It lS fCllOwinC a CU~rre.^,t C r;SCliCat2C Ic, (Cr GCrT1~ ~ rg~~ ,. h`crdabiiic;~ Strategy) t~at has ;/een acprcved oy -UO, Use of Funds - It has complied with the following c;it~~a: i~c:Clf'lUm ~ eaSFCle ariGrity. ~tii reSDeC t0 aCivIt1CS 2XC2C;eC t0 t;e~cSSiSt?C'~yjt,~'', ~~; ;^ fur,cs, it cer*ifies that it has davelcped its Action Flan sc as to rive „,~i~~u;-; ;z-si:,ir priority to activities which benefit few and mederati= income fanaiiies cr aid in the pre`/2nticn or ellrlilnatlCR Cf SIUmS C( ~`J'llCht. I nE ,gCtlCn ;~~~f^, :,,ay .~1Sv^ Ir1C;C;de ~C;,iZ;~s '~NhICh tie grante° CeriitieS ale deSiCn°C` t0 meet Cther.COmmLnttV develoGr;,Bnt ^~~~ ha`ling c particular urgancy ~eCaClS2 8X(StinC ConditlCnS CC52 a SeriQUS anC n'm~c ~:~ tlliEat t0 the health or welfare Cf the CgmmUnlty, and Ctl;er InarlCial resources are "Ct avalfable); ~. Gverall oe~@tlt. I ne 2C~gtegate US2 C? CUCG iL'ndS Ir?C~:;CIi ~C S2CiCR 1 Q$ CUi_ra:^tEE loans during procram year(s) ~; a 2Q0.4 ~ {a pe, ~cd saec,tied `by she grantee C:,nSistfng of one, tWO, or three SpeCiflC COn$i;CUtlve p(CCram years), Si1a11 crnc'paily benellt pefSCr',S of lCw and rrlCCefate Pr?C~(;',2 in a manner :ii2t enSUCeS t.~at at least !%, ;' ,pefC?rit Of the amCUnt IS $Xpe^idcd f0f ar^.`ivltiES that bar?e;i SUC;1 pcfSviiS d~ri'nc "2 deSiCncted Ce(ICd~ .. ' 3. Special ~ssass~ents. It `Hill not attempt to recover any capii?I costs of public ImCfovement5 assisted with COBC fL'ndS InCLl:ding ~eCtiCn 108 loan gU2ranieed fUr,ds ~C'J 'assessing any amount against properties owned and occupied by persons cf lo`r~ a:''C modefate frlCCme, Ir1C;uding any fee CTlarged Or aSSeSSi'rlent made aS a COnCitlOn Cf cbt~ining access t0 SGC;'1 pUbIIC imofovementS. However, if CDBG funds are uszd to pay the proportion or a fee. cr assessment that relatas to the capita! costs of public imcrovements .(assisted in part with C08G .funds) financed from other revenue sources,. an assessment or charge may be made :against the property with respect to the public improvements financed by a source other than COcG funds. The jurisdiction will not attempt to recover any capital costs ~of public improvements assisted with COBC funds,. including Section 108, unless COBG funds are used to pay the proportion of fee. or assessment attributzble to the capital costs of pubiio improvements tnanced frcm ether ravenue.:rcas. In 'his case, an assessmentcharge may be made against the. prccerty wire resceCt to the pu~lic imcrcvements financed' by a scarce. ether ;hen CuEG funs. Alse, in the case of ~roper*~es cwr,ed and ccc;:pied by mcderat~. inccrne (net Icw-inccme) Families, an assessment cr charge may be made against the prcpert~ fcr public imprcvements financed by a scarce other than Cu8'C fur,CS it the jarisviction car',ities that it lads COEG funds tc ccver the assessment. Excessive Force - It has adccted and is enicrc;ng: 1. A pclicy prchibiting the use of excess;ve`orce by Law enrcrcement agencies ~Nithin its jurisdicticn against any individuals engaged in non-viclent civil rights. demcnstrattcns; znd ~.r~ pCIICf Ci $niCfCing aCOlicable Stat° and iCCcl ia'NS against Ci^~,JSiC311y baCring e.^;u:cnC3 G. Or exit irGm a faCl11P~ Cr iCCatiCn' ;V~iIC~ ~ iS the S~CjeC; CT Sl:C1 nCn-VlClerlt C;V11 riCi'iS G'&mcnstFatiCns 'Nit,~l'In ItS jt~CISdIC;iCn; " Crmpliance ~/ith Anti-discriminaticn laws - %~ ~e grant. will ,Ue ccnduC;ec' and ad,;,iriste; ed I'n CCnFCr^It`f `Kith' tltl~ /1 O? the CIVII ;y,lgntSnCt Cf I c~~ ~-:~ USC 2CCCC), i,`ie ~ air i ;CCS;~,C r=.C; `` ~ U~~ ,cv1 -.:o i G)', ar~d Ir-clan renting regulaticns. _ _ I_e~d-'caS2d Pa1rTi - fits nCtlT(C2tiCn, Ir1SCeCtiCn, tcStirlg and aJatanient. CrCC8GUr2S CC^CBr~ring lead-based paint W111 CC~n'iCIV'Nltc:~ th'e rSC;llrefi~entS C? 2-^. (,,,=~ o^ld.~l.~~, CcmpCiar;c~ with ~'/ws - ft ~Niii ccmcl'! with a~clica~i2 !aws. ~V 5 15 00 ignature uthorize ffici ate Ceuntv~Executive Title AF°E~IDIX TO Cc~ ,'IFiCATiCNS iNSTnUCTiONS CCNCc= N'INC 'LCEBYING ,-1NC DRUG-~=;E= WGP,rCP _,qCc RECUIFic:VlcVi"S; A. l.cbbvina Cartificaticn i nis certirlCaticn is a material recrsentaticn er fac; upcn which reliance wzs place~+ `Nhen this transacticn °Nas made cr zntered intc. Submissicn of this certification is a prerequisite for making or entering .into this transaction impcsed by sec;icn 1352, title 31, U,S. Ccde, Any person who fails to tide the required cer-iTication shall de sucjec; tc a civil penalty of not less than S ~'O,OGG ar,d not mere than S1CO,000 for each sue;, faiiure. S. Gr~c-=ree ~Ncr!{c!ace Cartitacaticn 7 . ~..V SiCnInC~' and~Of SU'Cm1iLnC ii iIS aCCIICcFiCn C( gr~n~ aCr 2ef~18n~, file CrSnLc3 iS' IpfCVlCing ii re CertlflC3tlDn. ?. i fie CertlTlCatlQn `IS a mgt°rlal fepreSeP'c:ien CI' faC; uCCn 'NhiC,^ re112nCe iS Cl2C°~ wnen the 2cency a`NardS the grant. 'lf It iS Iatef detef„~Gned that tf ie ~ran~c"'° kncwingly rendered a f lS2 C~RI'tCat;Cn, Cf CtherNlSe `llClcteS u'le reCl:lremen:S Ci the Drug-free Nor`,{place ACt, =UD, in addlZlCn ;c anV Cther ra;;~ecies a~Jaiiwia ;v^ ii•ie =ederal CCVerr'Cl2nt, may tai{e aC:ICn uthor,Zed '~.:'nder the vrL'C-,^'ee ~l~~CriCClaCe AC;. V , .,. ~cr grantees ether than individuals, Alternate I applies. ~~is is the 'infer„ration to whic;^, jurisdicticns ceriry), ~-'., ccr gi ant$eS 'Ni1C arc IRdiViuualS, ,"-~Itcri i~t8 Il aGClles. (Not aDCiicc~le juriscicticns.) ~, ~/~/OrkplaCeS Under Grants, fOf Cranie°S ether ti.ari :ndiVld~2.s, need nCi 2 idenllTied Cn th3 C2riiflCatlOn, ''If kn0`Nn, they maV ~ie tdentiid2d In ti ie Crcnt apGllCatlOn. if ti re grantee dOeS nCt Id~ntiiy ~ile'NCr;{p'lcC2S ct the tin18 CT a;oplication, cr uocn award, if there is nc ac;clicaticn, the grantee must beep tii'e identifiy CT the wcrkplace(sj on ile in its ofce and make the informatics a`Jallacle fCr Fe~efal nSpEC.iCn. ~aIIL're t0 IdentlPy ail knC'Nn'NOrkplaC2S constitutes a violation cf the grantee's drug-free wcr!~place requremznts. E. ~Nerkplace identifications must include the actual address of buildings ~(or pars of buildings) or o her sites where wcrk order the grar!t takes p ace, Categor{Cal descriptions may be used (e,g,, all vehicles of a mass transit authority or State highway department while in operation, State emolcyees in -each local unemployment ofrice, perormers in ccncer< halls or radio starless). 7. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), i# it previously identified the w4rkp aces in question (see paragraph rive). 3, ine 5rar,tee ray user;.l;e spaca ~rcvided Below ,,`re site s;r ,he eercr^an.cs c° wore dcne in connection with. the specific grant: ' Place of Performance (Street address,. city,. county, state,. Zip cede) County of Santa Clara ousiag and ommunity eve opment Program ar rrs ree ui~e ~ an ose, Chec;< if there are 'wer;~pl'aces cn ile that are net Ic'a;°;:i~iec' here; i nz car;;tica:cn with cecard to the drug-free wcr~;:,iaca repaired by 24 C~==; ;oar ?c, suvpar P. c. Cie?iriltiCnS Cf t~rrTiS in the Ncncrccurernent Suscensicn and Debarment COmmCn rule anC CrlfC-r'ree ~/~/OfiCClaC2 Cvmmo'n rui'e aCCly tC thlS Cef?::~ICatiCr--.. Cfante°S' attention is called, fn particular, tC ti ie `Cl'i!C'wli ~C C".~2?Ir rltlCnS r.^.,i71 ;i?~S~ fL'IeS: "Contrclled substance" means a ccntrolled substance In Sc~edules (,; reach V cf the CCntr01'led SucsiznCeS Act (2. U.S.C.Bt 2) and as iurher defined byV rec~..~lation (21 C=~ 138. i 1 thrcvgh 1308.15); °vCr'VICt1Cn" means a ilnGalnC Of` gull`, (IrirCiudlnC a plea 'Jf nClo CCntendeT?~ Cr imcosition of sentenoe, or both, by an;< ;udicial' doCy c; ,aryed with the reSponsiDility t0 determin8 VICIatiCnS Oi ti e redefal Cr Sate Criminal dfuC SiatL'teS; "Griminaf drug statute" means a Pedaral or non-Federal criminal stat~..~te involving the manufacture, distribution, cispsnsing,, use; or possessldn of any controlled: substance; "employee" means the empkcyee of a grantee directly engaged in the pe(iG?,i,anC~ of `NCrrC undef a grant, TnCluding; (I~ all "direct C~iafgeu emDi:C~~°°S; (ii) all"'indirect charge" empfoye~s unless their impi~ct or involvement is insigniricant to the perormance of the grant; and (iii) temporary .personnel: anc consultants who are directly engaged in the pertormance of wor'~t and r the grant and who are on the. grantee's payroll. i nis definition Bees not include worl~ers not on the payroll or the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or inc6ependant contractors not on the grantee's payroll; or emplgyees of suorecipients or suocontractors in covered workplaces).. EXFIIBIT 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 and will be .responsible for implementing and complying with .all relevant future changes to .Federal Regulations or OMB Circulars. Specifically CORPORATION gives assurances and certifies with respect to the. PROGRAM that it is in compliance with the following Regulations as defined by 24 CFR, Part 570, Subpart J; 24 CFR, Part 570., Subpart K; and will be conducted and administered in conformity with "Public Law 88..352 .and Public Law 90-284. 570.601. Public Law 88-352 and Public Law 90-284; affirmatively furthering fair housing; Executive Order 11063, as amended by Executive Order 12259 addresses discrimination. HUD regulations implementing Executive Order 11063 are contained in 24 CFR, Part 107. 2. 570.602. Section 109 of the Act addresses discrimination. 570.603. Labor Standards. 4. 570.604. Environmental Standards. 5. 570.605. National Flood Insurance Program. 6. 570.606. Relocation, Displacement and Acquisition. 7. 570..607. Employment and Contracting Opportunities. 8. 570.6D8. Lead-Based Paint. 9. 570.609. Use of Debarred, Suspended, or Ineligible Contractors or Subrecipients. 10. 570.610. Uniform Administrative Requirement and Cost Principles. The COUNTY, its Subrecipients, agencies or instrumentalities, shall comply with the policies, guidelines, and requirements of 24 CFR Part 85 .(Common Rule), and OMB Circulars A-110 (Urants and Agreements with Non-Profit Organizations), A-122 {Cost Principles for Non- Profits), A-12$ (Audits of State and Local Governments-implemented at 24 CFR, Part 24), and A-133 :(Audits of Institutions of Higher Education and Other Non-Profit Institutions), as applicable, as they relate to the acceptance and use of Federal funds under this part. The applicable sections of 24 CFR, Part 85 and OMB Circular A-100 are set forth at 570.502. EXH181T F -ASSURANCES 1 REVISED 11/15/00 t I 11. 570.61.1. Conflict of Interest. 12. 570'.612. Executive Order 12372 allows States to establish its own process for review and comment. on proposed Federal financial assistance programs; specifically the use of CDBG funds for the construction. or planning of water or sewer facilities. wg/fy2000/01'/files contracts/ass urrances EXH181T F-ASSURANCES 2 REVISED f 1/15/00 EXHIBIT H DECLARATION 0'F CONTRACTOR (to be completed by all Type I or Type I'I contractors) A. [x] This is a Type I service contract under the Board of Supervisor's Resolution on Contracting .Principles. If this box is checked, .please complete the following: Type I Category; -Section I'I C.6 Explanation: -Contract with other public agencies B. [ ] This is a Type II contract. under the Board of Supervisor's Resolution on Contracting Principles. C. To be completed by Contractor: The contractor currently has other County Contracts for the same or similar services: [ ] Yes [ x] No If Yes is checked, please list and describe contracts, types and dollar amounts. D. I am authorized to complete this form on behalf of Town. of Los Gatos __ (name of contracting entity). I have used due diligence in obtaining this information., and this information contained herein is complete and accurate. Signature: Name: Debra J. Fgone Title: Town Manager Contractor ; Town of Los Gatos Date.: Contracts #3 99/00 City/County Contract grg/9/15/99 CONTRACT PROVISIONS TO IMPLEMENT TH'E TERMS OF THE RESOLUTION RE CONTRACTLNG PRINCIPLES [TYPE I CONTRACTS] This contract is a Type I service contract, subject to the Resolution of Contracting Principles adopted by the 'Board of Supervisors on October 28, 1997. Accordingly, Contractor shall comply with all of the following; a. Contractor shall, during the term of this contract, comp y with all applicable federal, state, and local rules., regulations, and laws. b. Contractor shall maintain financial records .adequate to show that County funds ..paid under the contract were used for purposes consistent with the terms of the contract. These records shall be maintained during the. term of this contract and for a period of three (3) years from termination of this contract or until all claims, if .any, have been resolved, whichever ..period is longer, or longer if otherwise required .under other provisions of this contract. The failure of Contractor to comply with this Section or -any portion thereof may be considered a material breach of this :contract and. may, at the option of the County, constitute grounds for the termination and/or non-renewal. of the contract. Contractor shall be provided reasonable notice of any intended termination or non-renewal on the grounds of noncompliance with this Section, and the opportunity to respond and discuss the County's intended action. 2 Type (Contracts/Exh I - p. 2 Contracting Principles 7/19/99