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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 t 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 0 O 0 Total Balance O 0 (6 H Prior Year Residual Balance Carried Over a LOS GATOS: O O 0 0 0 0 0 0 N. C. 0 O 0 o o 0 O o N (A O O 0 0 0 O N O 0 0 0 0 0 O O O 'a 66 O 0 O 0 0 66 0 0 0 0 O 0 0 0 cc) N- V o v 0 N 0 0 0 N (') N) O N 0 C N CO O N O O 0 O CO N u) (D O T O (n N CD O O6 O n h O CO. (` (D 6O N N () U) cor N r 0 CO o o O O O O O O O O O O 0 0 0 O CO CD 0 0 0 0 0 0 N 0 0 0 0 0 0 0 0 0 0 N (n 0 0 0 0 0 0 N O 0 0 0 0 0 0 O O O a (O (D O m O O O (D O O O O O O O O O O m 1. 0 V 0 N O 0 0 N CO (l) 0 N. O 0 ▪ N CO O N O O) O O CD N. O (O O Cn O O n N 0 0 0) 0 n (n o r) n (o (o o - (n (n N O (') r N r ([) (') r r 0 0 O o 0 O o o O o O O p) (f) V n n 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O N 0) (f) O N. O O O to N O (D O 0 O O O. 07 t` (D (D o r N (() M CO (D 0 0 0 0 0 0 N 0 N ([) 0 0 0 0 0 0 N 0 • (D (D O CD O 0) V (O O co N. v 0 (D 0 0 • N 7 O 0 r O 0 (() n m O O) O (. 0) N (() (f) 01 r N N ▪ N O (') N (7 V N 0) V V r of r CO CO (D O O 07 M M V (f1 (n CA N m 0) CO O O O O O 0 co rn w) o 0 0 0 0 O 0 0 0 0 0 0 0 0 0 J • J J J J J J J J J J J J J J J J J J 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 LL rn 0 0) N. Q) (D O 0 O 0 369,759.09 O O 203 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 n r\ 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). 10 IX. PROGRAM INCOME Income generated by the PROGRAM shall be regulated by all provisions of 24 CFR 570 Subpart J "Grant Administration", and the Santa Clara County CDBG REALLOCATION GUIDELINES. (C. 1. a.c . ) 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 _ . -1