Item 8 Staff Report Adopt a Resolution Authorizing the Town Manager to Execute the FY 2000/01 Community Development Block Grant City-County Contract with the County of Santa Clara39>
COUNCIL AGENDA REPORT
DATE: February 13, 2001
TO: MAYOR AND TO V N COUNCIL
FROM: TOWN MANAGE
SUBJECT:
MEETING DATE: 2/20/01
ITEM NO.
ADOPT A RESOLUTION AUTHORIZING THE TOWN MANAGER TO
EXECUTE THE FY 2000/01 COMMUNITY DEVELOPMENT BLOCK
GRANT CITY -COUNTY CONTRACT WITH THE COUNTY OF SANTA
CLARA
RECOMMENDATION:
Adopt a Resolution authorizing the Town Manager to execute the FY 2000/01 Community
Development Block Grant (CDBG) City -County Contract with the County of Santa Clara, which
allows the County to disburse CDBG funds to the Town.
BACKGROUND:
The Town has participated in the Santa Clara Urban County CDBG Program since 1975. Through
this program, the Town receives federal CDBG funds for activities which benefit primarily very low
and low income households, including Americans with Disabilities Act (ADA)-required
modifications, affordable housing developments, the Housing Conservation Program, and service
programs administered by local nonprofit agencies.
Every three years the Town enters into a Joint Powers Agreement with the County, which allows the
County to receive CDBG funds from the United States Department of Housing and Urban
Development (HUD) on behalf of the Town and other non -entitlement cities (those with a population
less than 50,000). The most recent JPA covered the period from October 1,1999 through September
30, 2002. Federal regulations require that the Town and County also execute a City -County Contract
each fiscal year; this contract allows the County to disburse CDBG funds to the Town.
DISCUSSION:
The attached City -County Contract (Attachment 1, Exhibit A) covers FY 2000/01. This contract
is generally provided to the non -entitlement cities in the fall for approval and execution. The County
PREPARED BY: Regina A. Falkner
Reviewed by: Attorney finance
unity Services Director
N:\csd\tcrpts\cdbgagr00.wpd
Revised: 2/13/01 3:33 PM
Reformatted: 7/14/99
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PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE TOWN MANAGER TO
EXECUTE THE FY 2000/01 COMMUNITY DEVELOPMENT BLOCK GRANT
CITY -COUNTY CONTRACT WITH THE COUNTY OF SANTA CLARA
February 13, 2001
was delayed in forwarding the agreement this year; therefore, we are presenting the agreement later
than usual.
ENVIRONMENTAL ASSESSMENT:
The City -County Contract is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
The 2000/01 City -County Contract will govern a total of $369,759.09 in CDBG funds. This figure
is the sum of the allocation for this fiscal year ($166,478.00) and the remaining balance from
previous years' allocations ($203,281.09). See Attachment 1 for a detailed list of allocations. Funds
remaining from previous years are primarily for Town ADA projects. Though completion of these
projects remains a top priority for the Parks and Public Works Department, it has been delayed due
to shortages of both staff and qualified contractors. The Town has retained Willdan Associates, an
engineering consulting firm, to provide engineering staff for these projects, and will re -bid projects
for which no satisfactory bids were received.
CDBG allocations are included in the Town's FY 2000/01 operating budget, except for LG-00-12
(Charities Housing). This project will be added to the budget as a mid -year adjustment.
Attachments:
1. CDBG Cash Control Record
2. Resolution authorizing the Town Manager to execute an agreement with the County of Santa
Clara to participate in the Urban County Community Development Block Grant Program
(with Exhibit A)
Distribution:
Charlie Chew, Program Manager, County of Santa Clara Environmental Resources Agency, Housing
and Community Development, 1735 North First Street, Suite 265, San Jose, CA 95112
Y'
10/1/2000
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ADA Improvements -City Hall Access
ADA Accessibility Improvements
Affordable Housing Fund
ADA Accessibility Improvements
Affordable Housing Fund
Charities Hsg Develop. Corp. TH for SDV
Catholic Charities -LT Care Ombudsman Program
SJSU Foundation - The Health Place
Housing Rehab Administration
Urban County Rehab Services
1999/2000 $166,543.00
u.
ESG - Sobrato Family Living Center -Phase II
2nd Harvest Food Bank
Catholic Charities -LT Care Ombudsman Program
Live Oak Adult Day Services -Adult Day Care
SJSU Foundation -the Health Place
ADA Accessibility
Housing Rehab Administration
Urban County Rehab Services
General Administration
2000/2001 $166,478.00
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LOS GATOS Total Available:
Attachment 2
RESOLUTION
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 undertake, 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
requires 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 TOWN MANAGER IS AUTHORIZED TO
EXECUTE:
1) The Community Development Block Grant City -County Contract for the 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,
1
2) Future amendments to the Contract so long as they conform to the adopted Town budget;
and,
3) Subsequent Community Development Block 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 20'h day of February, 2001, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CsdO8A:\resos\cs022001.R00
2
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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 SANTA-
CLARA, a political subdivision of the State of California (hereinafter "COUNTY"), and the
CITY/TOWN OF LOS GATOS (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 funds
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 1974, as amended; and,
WHEREAS, COUNTY has agreed to the use by CITY, as a subrecipient, of a portion of
COUNTY'S CDBG entitlement for a 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 570 Subpart J, "Grant Administration" (570.504), to the CITY, as a
subrecipient of the County being the sum of THREE HUNDRED SIXTY-NINE THOUSAND SEVEN
HUNDRED FIFTY-NINE DOLLARS 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. Reimbursement for 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 previous years 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.
1
As a condition to this contract CITY shall submit numerous exhibits marked as noted herein,
attached to this contract, incorporated by this reference, as though fully set forth as follows:
Exhibit "A" (Agency Description), Exhibit"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 equivalent 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.
H. TERM
A. The purpose of this Contract is for the COUNTY to disburse CDBG funds. Unless
amended prior to its expiration, the term of this Contract for disbursement purposes shall
begin on July 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
July 1, 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. City shall:
1. 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 and/or 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 low
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:
1. 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.
3. 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.
5. 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 subrecipients 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
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:
1. 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:
1. Until the expiration of five years from the date of final payment to CITY under
this Contract; or
For such longer period, if any as is required by applicable law; or
3. 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, 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 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 Subrecipients 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 may be 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 employment,
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 will 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 comply 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 24 CFR Part 570,
Subpart J, and 24 CFR Part 85, and all other local, State or Federal laws applicable to this
PROGRAM.
IV. OBLIGATIONS OF COUNTY
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 sum 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, COUNTY 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 A128 "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 Local, State or Federal laws applicable to
this PROGRAM.
V. CONTRACT COMPLIANCE
A. Monitoring and Evaluation of Services. Evaluation and monitoring of the PROGRAM
performance shall 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-compliance issue(s) as set forth in Section V, B have not been addressed
and resolved within the aforementioned corrective action plan 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 evidence 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 eaT34-MANAGER Debra
J. Figone (aPignee 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 shall be sent to the parties at the following addresses:
8
B. Contract Non-compliance; If CITY fails to comply with any provision of this Contract
(24 CFR 85.43 "Enforcement") COUNTY 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:
1. If CITY knowingly has made any material misrepresentation of any nature with
respect to any information or data furnished to COUNTY in connection with the
PROGRAM.
2. If there is pending litigation 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 for 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 of Los Gatos
Name of CITY
P.O. Box 949
Address of CITY
Debra J. Figone
Name of C4PV 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 may be 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
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 CDBG funds.
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).
3. 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).
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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 . )
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.
XI. 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 responsible 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 may be 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 limited 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:
1. The failure of COUNTY to reimburse CITY for eligible costs as defined by HUD
and this Contract; 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" - "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 be 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 include 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
i
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 WITNESS WHEREOF, the parties have executed this Contract in duplicate the day and year
above written.
ATTEST: COUNTY OF SANTA CLARA
Clerk, Board of Supervisors Chairperson, Board of Supervisors
APPROVED AS TO FORM AND CITY
LEGALITY:
Town of Los Gatos
Deputy County Counsel Debra J. Figone
Town Manager
APPROVED AS TO FORM:
Orry P. Korb
F,it3r Attorney
Town
FY 2000/01 Files
Cities — Contracts 2000/01
Dec. 4, 2000
14
Town of Los Gatos
FY 2000-2001 t_;ommunity Development Block Grant City/County Contract
Exhibits A - D
Project: Affordable Housing Fund
Agency: Town of Los Gatos
208 E. Main Street
Los Gatos, CA 95031
Regina Falkner, Community Services Director
(408) 354-6820
LG-00-11
Project No.: LG-99-11
Site: (Site address same)
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-00-34, 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 4th 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
Funding: (LG-00-11) (nding: (LG-99-11)
FY 1999-2000
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.)
1
Town of Los Gatos
FY 2000-20 .2ommunity 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
195 E. San Fernando Street
San Jose, CA 95112
Berkeley Burbank, Project Manager
(408) 282-1137
Site: Benton/EI Camino Real
Santa Clara
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 InnVision. Once the project is built, a number of domestic violence service
providers will provide services to residents.
Project Work Plan: Begin construction 12/15/00. Complete construction by 12/15/01.
Quarterly Goals
(See attached Agency Scope of Services)
Timeline
Construction began 12/15/00
12/15/01.
. Complete construction by
Budget
See below
Funding: (LG-00-12)
CDBG funding amount
Unduplicated LG clients
FY 2000-2001 I FY 1999-00
$0
0
Cost per year per client
Total program budget
n/a
$0
CDBG as % of total
0
n:lcsd122181exhib its.001
$50,000.00
n/a
n/a
$2,928,608.00
1.71%(act.)
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 manager,s 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 6 ., ,2ommunity Development Block Grant City/County Contract
Exhibits A - D
Project: 2' Harvest Food Bank - Operation Brown Bag
Agency: Second Harvest Food Bank of Santa Clara and
San Mateo Counties
750 Curtner Avenue
San Jose, CA 95125-2118
Cynthia McCown, Director of Services
(408) 266-8866
Project No.: LG-01-3 1
Site: Los Gatos Neighborhood Center,
208 E. Main St., and Villa Vasona
Apartments, 626 W. Parr Ave.
Los Gatos, CA
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-01-31)
FY 2000-2001
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
0.21 (prof.)
0.19% (act.)
SCOPE OF SERVICES
FISCAL YEAR 2000-01
AGENCY:
I• 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 Bank 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.
ll• CLIENTS:
A. Total number of unduplicated Los Gatos residents to participate
in program: 56 households weekly
B. Demographic Reports
Demographic data regarding clients served, income, sex, race, age,
and handicapped status shall be submitted quarterly.
Community Development Block Grant
Page of csd33A:\excel\cdbgex01.xls
EXHIBIT B
SCOPE OF SERVICES
FISCAL YEAR 2000-01
III. DIRECT SERVICES TO BE PROVIDED TO LOS GATOS RESIDENTS:
A. Weekly groceries
B. Nutrition & Consumer Workshops
(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.
Community Development Block Grant
Page 2 of 2
56
1
1
0
10
weekly
Quarterty Service Goals
2=° 3'I a"' Annual Totals
56 56 56 56
1 1 1 4
1 1 1 4
1 0 1 2
10 10 10 10
weekly weekly weekly weekly
csd33A-\excal\GC1bgaxo� .x�e
Town of Los Gatos n
FY 1999-2000
FY 2000-2001 Community Development Block Grant City/County Contract
Exhibits A - D
Project: Catholic Charities - Long Term Care Ombudsman
Agency: Catholic Charities of San Jose
2625 Zanker Road, Suite 200
San Jose, CA 95134-2107
Donna M. DiMinico, Program Director
(408) 944-0567 x261
Project No.: LG-01-32
LG-00-32
Site: (Site address same)
Project Description: This program enables volunteer ombudsmen to receive, investigate, and
resolve complaints made by, or on behalf of, facility residents. It provides for regular site visits by
staff and certified volunteers to facilities, where face-to-face contact is made with individuals at risk
for isolation, exploitation, personal rights violation, and abuse.
Project Work Plan:
Direct Services: 168 regular site visits to Los Gatos long-term care facilities
540 unduplicated contacts to residents of Los Gatos long-term care facilities
56 complaint investigations
Note: FY 1999-2000 $75.00 balance reprogrammed to Affordable Housing LG-00-11.
Indirect Services: 100% response to inquiries for facility citation information
4 facility citation mailings to Los Gatos Library
1 in service training for current Ombudsman volunteers
2 certification training classes for new Ombudsman volunteers
6 Durable Powers of Attorney for Health Care (DPAHC) witnessings
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
n:\csd\2218\exhi
Funding: (LG-01-32) Funding: (LG-00-
FY 2000-2001 FY 1999-00
CDBG funding amount
$7,720.00
$7,720.00 - ($75.00 balance
reprogrammed, final amount)
($7,645)
Unduplicated LG clients
575
575
Cost per year per client
$13.43
$13.43
Total program budget
$394,975.00
$288,304.00
CDBG as % of total
1.95%
2.68%
EXHIBIT B
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 term 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 unduplicated 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. CLIENTS
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 of 2 csd33A:1excellcdbgex0l.xls
Long Tenn 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:
A. Site visits to Los Gatos' long term care
facilities on a regular basis and as needed.
B. Face to face contact with Los Gatos' long
term care resident.
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.)
IV. INDIRECT 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.
Community Development Block Grant
Quarterly Service Goals
1st 2°d 3rd 4th Annual Totals
42 42 42 42 168
135 135 135 135 540
14
2
1
14
1
14
2
1
14
1
56
6
4
2
Page 2 of 2 csd33A:1excel 1cdbgex0l .xls
Town of Los Gatos
FY 2000-2001 ommunity Development Block Grant City/County Contract
Exhibits A - D
Project: Live Oak Adult Day Services - Adult Day Care
Agency: Live Oak Adult Day Services
19 High School Court
Los Gatos, CA 95030
Colleen Hudgen, Executive Director
(408) 354-4782
Project No.: LG-01-33
Site: 19 High School Court
Los Gatos, CA 95030
Project Description: This program provides age -appropriate social and recreational activities,
exercise, meals (breakfast and lunch), and attention from professional staff. It also provides respite
for participants' regular caregivers, usually family members. 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-01-33)
FY 2000-2001
FY 1999-00
CDBG funding amount
$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
$127,381.00
CDBG as % of total
15.89% (proj.)
12.98% (act.)
n:lcs d12218\exh i b i ts.001
EXHHIBIT B
SCOPE OF SERVICES
FISCAL YEAR 2000-01
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 their 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 maladies of
advanced age, are unable to participate in existing community programs designed for the able-
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 program day, providing
social opportunities and psychological support unavailable through other communit
services, thereby preventing or delaying their institutionalization. y
4. By June 30, 2001, to provide 1,450 days of service to frail elderly Los Gatos residents.
5. By June 30, 2001, to provide 1,450 days of respite to caregivers of frail elderly Los
Gatos seniors, thereby allowing caregivers greater flexibility in their personal schedules.
6. By June 30, 2001, to serve both breakfast and lunch to all clients in attendance at 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 programs for familie
staff, volunteers, and community members. s
9. By June 30, 2001, to provide a minimum of 120 referrals to relevant avail '
community services to families in the Los Gatos community. able
II. CLIENTS
A. Total number of unduplicated Los Gatos residents to participate in program: 21
B. Demographic Reports
Demographic data regarding clients served, income, sex, race, age, and handicapped status
shall be submitted quarterly.
Page 1 of 2
III. DIRECT SERVICES TO BE PROVIDED TO LOS GATOS RESIDENTS:
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
days days days days
1,450
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.
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.
25 25 25 25 100
1 1
1 1
4
C. Referrals and Outreach 30 30 30 30
-Responses to inquiries 120
-Outreach to increase
community awareness
-Linking of our clients
to other appropriate
available services.
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 DAY
SERVICES will be based on the number of days of adult social day care provided multiplied b
$11.40. The maximum amount payable during the contract term is $16,530. y
Page 2 of 2
Town of Los Gatos (0--
FY 2000-206. ti oInmunity Development Block Grant City/County Contract
Exhibits A - D
Project: SJSU Foundation - The Health Place
Project No.: LG-01-34
LG-00-34
Agency: San Jose State University Foundation
P.O. Box 720130
95030
San Jose, CA 95172-0130
Dr. Jean Sullivan, Faculty, School of Nursing
(408) 924-3151
Site: 208 E. Main Street
Los Gatos, CA
Project Description: San Jose State University nursing facility provides 5 primary 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: 650 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
Timeline
Services are ongoing. (see attached Agency Scope of Services)
Agency assumes it will meet an equal portion of it's annual goal
each quarter.
Budget
See below
Funding (LG-01-34) Funding (LG-00-34)
FY 2000-2001 J FY 1999-00
CDBG funding amount
$6,650.00
$4,524.00- ($4.00 balance
reprogrammed, final amount)
($4,520)
Unduplicated LG clients
347
347
Cost per year per client
Total program budget
CDBG as % of total
$19.16
$144,427.00
4.60% (prof.)
$13.04
$136,543.00
3.31% (act.)
EXHIBIT B
SCOPE OF SERVICES
FISCAL YEAR 2000-01
AGENCY:
I• PROGRAM GOALS AND OBJECTIVES;
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 Ioad while students work under their supervision. The days
vary according to the student sections. A project secretary provides services 10 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 for 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 / 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 Health 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.
II. CLIENTS
A. Total number of unduplicated Los Gatos residents to participate
in program: 296
B. Demographic Reports
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:lexcellcdbgex0l.xls
EXHIBIT B
SCOPE OF SERVICES
FISCAL YEAR 2000-01
III. DIBEQT SERVICES TO BE PROVIDED TO LOS GATOS RESIDENTS.
A. Frail Home Bound Home
Visits
B. Blood Pressure
Screening/Monitoring
C. Consultation
D. Education
E.
IV. INDIRECT SERVICES TO BE
PROVIDED TO LOS GATOS
RESIDENTS
A.
B.
C.
Information and Referral
Community Development Block Grant
15S
163
Quarterly Service Goals
2ni1 3E1 4.1h Annual Totals
163
162
213 213 212
100 100 100
0
50
50
9
50
5
162
212
100
50
5
650
850
400
19
200
Page 2 of 2 csd33A1excel\cdbgex0l.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
Agency: Emergency Housing Consortium
2011 Little Orchard Street
San Jose, CA 95125
Christina L. Hamley, Project Manager
(408) 294-2100 X 210
Project No: LG-01-13
Site: 1493-1511 Agnew Road
Santa Clara
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-01-13
FY 2000-2001
FY 1999-00
CDBG funding amount
$20,000.00
$0
Unduplicated LG clients
10
0
Cost per year per client
$2,000
$0
Total program budget
$3,298,380.00
$0
CDBG as % of total
.61% (proj.)
n/a
,4i 1 : EHC
FAX NC. : 2941400 Sep. 12 2000 10:10AM P1
Town of Los Gatos
Scope of Services
Sobrato Family Living Center Phase It Construction Project
Brief Overview
Emergency Housing Consortium has operated a homeless shelter In the City of Santa Clara for
15 years. This shelter, called the Santa Clara Family Living Center, was one of very few such
resources for homeless families. In 1997, the State of California announced its intention to sell
the property to Sun Microsystems, EHC worked closely with all parties concerned to ensure that
the 32 family shelter units are not lost and to seize this rare opportunity to create 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 Family 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 will be affordable to families on very
low incomes. Families who do not reach the threshold to be eligible for most affordable housing
may enroll in our programs where they can develop skills, find employment, and repair bad credit.
This project will 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 case management plan. Families enrolled in the emergency
shelter program will be encouraged to enroll in the transitional housing program so that the
underlying causes of their homelessness can be addressed. The project will produce 10
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 Housing apartments 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 families (single and two parent families) from
throughout Santa Clara County including the Town of Los Gatos. A resident manager's apartment
will also be constructed.
Construction
The Sobrato Family Living Center wi(I be developed in two phases. Phase I, consisting of 33
units and a community center, opened February 1, 2000.
The S20,000 in CDBG funding from the Town of Los Gatos will 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 II is 50% complete.
This phase of the project (Phase 1I) consists of the purchase of an additional 1 acre parcel of land
and the construction of 8 3 and 4-bedroom apartments in 2 apartment complexes and the
conversion of 5 existing houses into 10 2-bedroom flats (Total 18 apartments). Phase II will
provide 8 permanent housing units and 10 transitional housing units.
Construction — Rehabilitation of Five Existing Houses
Construction includes the conversion of 5 existing houses located on the Agnew Developmental
Center campus which is being developed by Sun Microsystems. This project will move these
EHC
FAX NO. : 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 one flat at each floor. The
scope of the rehabilitation of the existing cottages includes the following, based on the Secretary
of State for the Interior Standards:
> The original core building will be reused.
> Fireplaces will be reconstructed, although they will not be operational.
S- Existing wood windows will be replaced with new wood windows to match the existing
configuration. New wood windows will be double -glazed.
> Exterior appearances will be generally maintained, with minor modifications to recreate walls
where windows or doors have been modified for additions. Egress windows shall be added
as required by building codes.
) The interior center stairwell shall be maintained.
Construction — New Construction of two Four Plexes
New construction of 1 4-piex consisting of 3-bedroom units and 1 4-piex of 4-bedroom units. The
eight new units are designed as three and four bedroom flats in four-piex buildings. These
apartment buildings are being designed in a Mediterranean/Spanish style with stucco exteriors,
wrought iron and tile roofs. The design of the units has been developed to take advantage of
cost -saving features while providing comfortable, safe and pleasant housing that is in keeping
with the five historic houses and the overall development. Design parameters regarding finishes,
utility delivery, etc. have been discussed as part of the cost estimating process.
Town of Los Gatos
FY 2000-200. _ommunity Development Block Grant City/County Contract
Exhibits A - D
Project: Housing Rehab Administration
Agency: Town of Los Gatos
208 E. Main Street
Los Gatos, CA 95031
Regina Falkner, Community Services Director
(408) 354-6820
Project No.: LG-01-52
LG-00-52
Site: (Site address same)
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 loan/grant 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 1-2loan/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: 01-52) FY 2000-2001 I FY 1999-00
CDBG funding amount $31,978.00 $45,000.00
Unduplicated LG clients 40 40
Cost per year per client $799.45 $1,125.00
$112,855.91
39.87%
Total program budget
CDBG as % of total
$112,855.91
28.34% (proj.)
Funding: (LG-00-52)
CDBG funding amount
Unduplicated LG clients
FY 1999-2000 I FY 1998-99
$29,453.12
40
$736.33
$37,926.27
40
Cost per year per client
$948.16
Total program budget $112,855.91 $112,855.91
CDBG as % of total 33.61 % (act) 26.10% (act.)
,-
i
Indirect Services:
Town of Los Gatos
FY 2000-200. _'ommunity Development Block Grant City/County Contract
Exhibits A - D
Project: Urban County Rehab Services
Agency: County of Santa Clara
Environmental Resources Agency
Housing and Community Development Program
1735 North First Street, Suite 265
San Jose, CA 95112
Mr. Charles Chew, Program Manager
(408) 441-0261
Project No.: LG-01-53
LG-00-53
Site: (Site address same)
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
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 4th 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 1/01. Anticipate one during 3`d quarter and one during 4th
quarter.
Budget I See budget on following page
1
fl
Funding: (LG-01-53) Funding: (LG-00-53)
FY 2000-2001 I 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.)
n:\csd\2218\exhib its.001
Town of Los Gatos
FY 2000-200. Community Development Block Grant City/County Contract
Exhibits A - D
Project: General Administration
Agency: Town of Los Gatos
208 E. Main Street
Los Gatos, CA 95031
Regina Falkner, Community Services Director
(408) 354-6820
Project No.: LG-01-91
Site: (Site address same)
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' 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 2000-2001 FY 1999-00
CDBG funding amount
$15,000.00
$15,000.00
Unduplicated LG clients
n/a
n/a
Cost per year per client
n/a
n/a
Total program budget
$166,478
$166,543
CDBG as % of total
9% (proj.)
9% (act.)
n:1cs d122181exh i b i ts. 001
Town of Los Gatos
FY 2000-2001 kommunity Development Block Grant City/County Contract
Exhibits A - D
Project: ADA Accessibility Improvements
ADA Accessibility Improvements
ADA Accessibility Improvements
ADA Accessibility Improvements
Agency: Town of Los Gatos
208 E. Main Street
Los Gatos, CA 95031
Regina Falkner, Community Services Director
(408) 354-6820
Project No.: LG-01-41
LG-99-41
LG-98-41
LG-97-41
Site: (Site address same)
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% of Town
residents. ADA work benefits these populations.
Project Work Plan:
Direct Services: City Hall and Neighborhood Center (LG-01-41):
Retrofit Civic Center and Neighborhood Center doors to be ADA compliant by installing
automatic door opening equipment with handicapped logo push plate. Exisiting 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. Install
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: Blo. .,m Hill Park (LG-98-41): 1/
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 RFP's, award
contract, and begin work.
Tait Avenue Museum (LG-99-41): Send out RFP's, award
contract, and begin work.
City Hall and Neighborhood Center (LG-01-41): 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. It 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-01-41): 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 01-02.
Budget
See budget on following page
Funding (LG-01-41) FY 2000-01
FY 1999-00
CDBG funding amount
$50,000.00
$0
Unduplicated LG clients
n/a
n/a
Cost per year per client
n/a
nla
Total program budget
$80,000.00
$0
CDBG as % of total
62.5%
n/a
Funding (LG-99-41)
FY 2000-01
FY 1998-99
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 % of ',Ad
n/a
n/a
Funding (LG-98-41) FY 2000-01
FY 1997-98
CDBG funding amount
$0
$27,276.56
Unduplicated LG clients
n/a
n/a
Cost per year per client
n/a
n/a
Total program budget
SO
$27,276.56
CDBG as % of total
n/a
n/a
Funding (LG-97-41) FY 2000-01
FY 1998-99
CDBG funding amount
$0
$5,484.26
Unduplicated LG clients
n/a
n/a
Cost per year per client
n/a
n/a
Total program budget
$0
$5,484.26
CDBG as % of total
n/a
n/a
n: csd:122181ex h i b i ts.001
I
EXHIBIT E
CE. T11FICATICNS
In accordance with the applicable statutes and the regulations coveming the consciidated
plan regulations, the jurisdiction certifies that:
Affirmatively Further Fair Housing —The jurisdiction will affirmatively further fair housing,
which means it will conduct an analysis of impediments to fair housing choice within the
jurisdiction, take appropriate actions to overcome the effects of any impediments identified
through that analysis, and maintain records reflecting that analysis -and actions in this regard.
Anti -displacement and Relocation Plan — It wiil comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies ,Act
cf 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is
following a residential antidisplacement and relocation assistance plan required under sec:icr;
104(d) cf the Housing and Community Development Act of 1974, as amended, in connection
with any activity assisted with funding under the CDEG or HOME prccrams.
Drug Free Workplace -- it will cr will continue to provide a drug -free workplace by:
1. Pubiishinc a statement nctiiying employees that the unlawful manufacture, -distribution,
dispensing, possession, cr use of a controlled substance is prohibited in the crantee's
workplace and sceciffinc the actions that will be taken against employees for violation of
such prohibition;
2. Establishing an ongoing drug -free awareness program to inform employees abcurt -
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug -free workplace;
(c) Any available drug counseling, rehabiiitaticn, and employee assistance prccrams; and
(d)
The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paracraph 1;
4. Notifying the employee in the statement required by paracraph 1 that, as a condition cf
employment under the grant, the employee will -
(a)
(b)
Abide by the terns of the statement; and
Notify the employer in writing of his or her conviction for a violation of a criminal drug_
statute occurring in the workplace no later than five calendar days after such
conviction;
•
5. Notifying the agency in writing, within ten calendar days after receiving notice under
subparaaraph 4(b) from an'employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position
title, to every grant crir or cc er cesicnee cn wncse grant vity ii,e ccnvic:�c
employee was working, _,nless the Federal agency has designated a central point for
the receipt of such notices. Notice shall include the identification numbers) of each
affected grant;
6. Taking one of the follcwinc actions, within 30 calendar gays of receiving notice under
subparagraph 4(b), with respect tc any employee who is so convicted -
(a) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1 g73, as
amended; or
(b) Requiring such employee to participate satisfactcriiy in a drug abuse .assistance cr
rehabilitation program approved for such purposes by a Federal, State, cr local health,
law enforcement, cr other appropriate acency;
7. Making a coed faith effort to continue to maintain a druc-free workplace thrcuch
implementation cf paragraphs 1, 2, 3, 4, 5 and 6.
Anti -Lobbying -- To the best cf the furl ' knewled e
scic;icr,'s c.. and belie;:
1 No Federal appropriated funds have been paid or will be paid, by cr on behar cf it, tc any
person for Influencing cr attemctinc to influence an officer Cr employee cf any agency, a
Member of Cengress,•ani officer or employee of Congress, cr an employee of a Member
cf Congress In connection with the awarding of any Federal contract, the makinc of any
Federal grant, the making of ,any Federal can, the enterinc into cf any cooperative
acreement, and the extension, continuation, renewal, amendment, cr modification of any
Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for Influencing cr attempting to influence an officer Cr employee cf any acency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, cr ant, Ican, or cooperative
agreement, it will complete and submit Standard For--LL L. "Disclosure Fcrm to Report
Lobbying," in accordance with its instructions; and
3. It will require that the language or paragraph (n) cf this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subcrants, and
contracts under Grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
Authority of Jurisdiction — The consolidated plan is authorized under State and local law
(as applicable) and the jurisdiction possesses the legal authority to carry out the programs for
which it is seeking funding, in accordance with applicable HUD regulations.
Consistency with plan — The housing activities to be undertaken with COBG, HOME, ESG,
and HOPWA funds are consistent with the strategic plan.
n
` Section 3 — It will comply with section 3 of the Housing and Urban Develcpment Act of 1 c53,
and impl- enting regulations at 24 CFR Fart 135.
5/15/00
Signa ure/Authorized • sa Date
County Executive
Title
Specific CDBG Certifications
The Entitlement Community certifies that:
Citizen Participation — It is in full compliance and following a detailed citizen participation
plan that satisfies the requirements cf 24 CFR 91.105.
Community Development Plan — its consolidated housing and community development plan
identifies community development and housing needs and specifies both short-term and long-
term community development objectives that provide decent housing, expand economic
ooccrtunities primarily for persons of low and moderate income. (See CFR 24 5 0`2 and
24 part 570) OFF,
Following a Plan — It is following a current consolidated plan (cr Comprehensive Hcusinc
Arferdabiiity Strategy) blot has been approved by -UD.
Use of Funds — it has cerrclied with the following criteria:
1. Maximum Feasible Priority. With respect to activities expected to be.assisted with CC=`
funds, it certifies that it has developed its Action Plan so as to cive max hum feasible
priority to activities which benefit low and moderate Income families cr aid in the
prevention cr elimination CT slums Cr blight. The Action Plan may also include activities
which the grantee certifies are designed to meet cther.community develccnhent needs
having a particular urgency because existing Conditions pose a serious and it .mediate
threat to the health or welfare of the community, and other financial resources are not
avaiiabie);
2. Overall Benefit. The aggregate use cf '00008G funds inciu'dii c section 108 cuarantee
ci
!cans during procrarn year(s) 20.04 , (a period specified by the grantee
consisting of one, two, or three specific consecutive program years), shall principally
benefit persons of low and moderate income in a manner that ensures that at least''0
percent of the amount is expended for activities that benefit such persons during the
designated period;
3. Soecial Assessments. It will not attempt to recover any capital costs of public
improvements assisted with COBC funds including Section 108 loan guaranteed funds by
• assessing any amount against properties owned and occupied by persons of low and
moderate income, including any fee charged or assessment made as a condition cf
obtaining access to such public improvements.
However, if COBC funds are used to pay the proportion of a fee cr assessment that
relates to the capital costs of public improvements (assisted in part with COBG 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 COEG
funds.
The jurisdiction will not attempt to recover any capital costs of public improvements
assisted with COEG funds, including Section 108, unless C08G funds are used to pay the
proportion of fee or assessment attributable to the capital costs of public improvements
financed frcm cther revenue ,urces. In this case, an assessmer • charce may be
made against the prccerty 'nri:n respect tc the pudic imcrcvernents financed by a scurce
cther than COBG funds. Also, in the case of properties cwned and eccucied by mcderaz�
inccme (not Icw-inccme) families, an assessment cr charge may be made against the
property fcr public improvements financed by a scurce ether than cccee funds if the
jurisdiction certifies that it lacks COEC funds to cover the assessment.
Excessive Force — It has adopted and is enforcing:
1. A policy prohibiting the use of excessive force by law enforcement agencies '*thins
jurisdicticn against any individuals encaced in non-violent civil rights demcnstratcns; and
2. A iodic./ cf enfcrcinc applicable State ar.c Kcal laws acainst physically barrincentrance tc
or exit from a facility cr Iccation which is the subject cf such non-violent civil rights
demcnstr aticns within its jurisdiction;
Compliance With Anti-discrirninaticn laws — The crant will be conducted and d ac.;,ir.;stara,4
in conformity with title /I of the Civil Richts Act cf 964 42 ^C t� F
1 . ( USC = CCd), :,�e -ter Hcus;, c Act
(4s USC 3E01-3619), and imciementinc re-culaticns.
Lead -Based Pairrt — Its notification, inscecticn, testinc and abatement procedures
cchcerninc leas -cases paint will ccrnpiy with the requirements ents cf 24 CFR § O.6ce;
Compliance with Laws — It will comply with acciicabie laws.
1G
Signature/ uthorized 0ffici
County Executive
hill e
5/15/00
Date
APPENDIX TO CE{iCATICNS
INS T RUCTIONS CONCERNING LOBBYING AND DRUG -FREE WORKPLACE REQUIREMENTS:
A. Lebbvinc Certification
This certification is a material representation of fact upon which reliance was placed
when this transaction was made cr entered into. Submission cf this certification is a
prerequisite for making cr entering into this transaction imposed by section 13S2, title
31, U.S. Ccde. Any person who fails to file the required certification shall be subjec to
a civil penalty of not less than S10,CGC and not more than S1 CO,CCO for each such
failure.
E. Cruc-Free Workplace Certification
. By signing and/or submiiilnc this application cr cram agreement, the grantees is'
providing the certification.
2. The certification is a material representation of fact upon which reliance is placed
when the agency awards the crant. If it is later determined that the crantee
knowingly rendered a false certifiCaion, cr other Ise violates the recuirements cf
the Druc-Free Workplace Act. -;UD, in addition to any other remedies avaiiacie to
The Federal Government, may take action authorized under the Druc-Free
Workplace Act.
For Grantees ether than individuals, Alternate I applies. ( This is the infer e.tion
to which jurisdictions certify).
4. For Cr antees who are individuals, Alternate I[ applies. (Not applicable
jurisdictions.)
Workplaces under grants, for grantees other than indiviCLa.Sneed , n ..,t be
identified on the certification. If known, they may be identified in the grant
application. If the Grantee does not identify the workplaces at the time of
application, Cr upon award, if there is no application, the grantee must keep
the identity cf the workplace(s) on file in its office and make the information
available for Federal inspection. Failure to identify all known workplaces
constitutes a violation of the Grantee's drug -free workplace requirements.
6. Workplace identifications must include the actual address of buildincs .(or parts
of buildings) or other sites where work under the grant takes place.
Categorical descriptions may be used (e.g., all vehicles of a mass transit
authority or State highway department while in operation, State employees in
each fecal unemployment office, performers in concert halls or radio stations).
7. If the workplace identified to the agency chances during the performance of
the grant, the grantee shall inform the agency of the change(s), if it previously
identified the workplaces in question (see paragraph five).
8. The grantee may insert ;he space provided below the site(, ,cr the cer,"cr7-,,n.c
work done in connection with the specific grant:
Place of Perfcrmance (Street address, city, county, state, zip cede)
County of Santa Clara
Housing and Community Development Program
North First Street, Suite Zba
San Jose, CA 95112
Check if there are wcrkplaces cn Ile that are nct identified here; The Cer ii c t CC
with regard to the drug -free workplace r ecuired by 24 CFR part 24, subpart F.
C
Definitions cf temps in the Ncnprccurement Suspensicri and Debarment
common rule and Druc-Free Workplace common rule acCiy tc this certtficatich.
Grantees' attention is called, in particular, tc the fcllcwinc definitions from these
rules:
'Controlled substance" means a controlled substance in Schedules I trcuch V
cf the Controlled Sucstances Act (21 U.S.C.812) and as further defined by
reculaticn (21 CFR 1308.11 thrcuch 13C8.18);
"Conviction" means a findinc of guilt (inciudirc a plea of r,cic contender_) cr
impositicr, of sentence, or both, by any judicial 'body charted w{th the
responsibility to determine violations of the Federal cr State criminal drug
statutes;
"Criminal druc statute" means a Federal or non -Federal criminal statute
involving the manufacture, distribution, dispensing, use, cr cossessicn cf any
controlled substance;
"Employee" means the employee cf a grantee directly engaged in the
perfcr r ance cf work under a grant, including: (i) All "direct charge" emplcyees
(ii) all "indirect charge" employees unless their impact cr involvement is
insignificant to the performance of the Brant; and lu temporary personnel and
consultants who are directly engaged in the performance of work under the
crant and who are on the grantee's payroll. This definition dces nct include
workers not on the payroll of the grantee (e.g., volunteers, even if used to meet
a matching requirement; consultants or independent contractors not on the
grantee's payroll; cr employees of subrecipients or subcontractors in covered
workplaces).
EXIITBIT 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.
1. 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.
3. 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. 570.608. 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 (Grants
and Agreements with Non -Profit Organizations), A-122 (Cost Principles for Non -
Profits), A-128 (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.
EXHIBIT F - ASSURANCES 1 REVISED 11/15/00
11. 570.611. 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/fy2000/0 1/files
contracts/assurrances
EXHIBIT F- ASSURANCES 2 REVISED 11/15/00
EXHIBIT H
DECLARATION OF CONTRACTOR
(to be completed by all Type I or Type II 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 II 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. Figone
Title: Town Manager
Contractor : Town of Los Gatos
Date:
Contracts #3
99/00 City/County Contract
grg/9/15/99
CONTRACT PROVISIONS TO IMPLEMENT THE
TERMS OF THE RESOLUTION RE CONTRACTING 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, comply 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 I Contracts/Exh I - p. 2
Contracting Principles
7/19/99
RESOLUTION 2001 - 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 undertake, 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 requires 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 TOWN MANAGER IS AUTHORIZED TO
EXECUTE:
1) The Community Development Block 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 Block 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 20`" day of February, 2001, by the
following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman,
Mayor Joe Pirzynski.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
ATTEST:
/s/ Joe Pirzynski
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
2
l•
Town Council Minutes February 20, 2001
Redevelopment Agency Los Gatos, California
HEARINGS CONTINUED
DEMOLITIONS OF HISTORIC AND NON -HISTORIC STRUCTURES CONT.
Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried
unanimously.
Council comments:
Mr. Attaway asked that Council have a range of fines to work within after reviewing the
amount that can be charged. He asked that property values be defined, setting the date,
or point in time, for the assessed valuation. That 10% of the land and improvements be
used, as determined by the county's assessment records.
Mr. Glickman agreed with the definition on page 3 defining historic as any primary
structure built before 1941, unless the deciding body determines otherwise.
Motion by Mr. Pirzynski, seconded by Mrs. Decker, that Council continue this item to
April 2, 2001, to include the amendments which were suggested and to make the
definition of historic structure as tight as possible. Carried unanimously.
COMMUNITY DEVELOPMENT BLOCK GRANT/CITY-COUNTY/RESOLUTION 2001-17
(08.41)
3` Mr. Glickman asked about respite care. It is established for the elderly but he asked for
care of others than the elderly. He asked Council to consider extending grant to assist
in respite care for any family member that may need this service. He also asked how
to extend grant funding to other agencies.
Staff Information: Regina Falkner, Community Services Director, noted that CDBG
funds are Federal funds for supplying housing and social services to low and moderate
income families. Participating Municipalities work together for these grants and Los
Gatos receives about 165 thousand a year. Applications from agencies are taken by the
Town at this time of the year for both the CDBG and the Town's community grants.
The Town's community grants are donated from the Town's general fund.
Motion by Mr. Glickman, seconded by Mrs. Decker, that Council adopt Resolution 2001-
17 entitled, RESOLUTION 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. Carried unanimously.
COUNCIL COMMITTEE REPORTS (16.28)
Mrs. Decker noted her visit to the Arts Commission and reported that they are investigating ways
of earning their own revenue. She also visited the Community Services Commission and listed to
the reports that were given on the requests for grants from the different agencies.
Mayor Pirzynski reminded Council of the 9:00 a.m. meeting at the Los Gatos Lodge this Saturday.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mr. Glickman, to adjourn this evening's meeting at 11:05 p.m.
Carried unanimously.
ATTEST:
Marian V. Cosgrove, Town Clerk
7
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