2001-017-Authorize Town Manger To Execute FY 2000-01 CDBG City-County ContractRESOLUTION 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
1
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 20t" 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:
619AYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF 'THE TOWN OF'LOS GATOS
LOS GATOS, CALIFORNIA
N
COMMUNITY DEVELOPMENT BLOCK GRANT
COUNTY/CITY CONTRACT
Contract No. LOS GATOS 01-00
n
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 fiends
to CITY on Mav 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 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 FIFTYAINE 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.
X
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.
U. 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 t, 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. Ci1y shall:
Provide COUNTY with written certification that the following information will be on file
at the CITY offices, and will be subject to monitoring by HUD 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:
Appoint and submit the name of the CITY managerial staff who shall be responsible for
the financial and accounting CDBG activities of CITY, including the receipt and
disbursement of CITY CDBG funds. The COUNTY shall immediately be notified in
writing of the appointment of a new fiscal agent and that agent's name, and CITY will
submit three (3) new signature cards if applicable.
2. Establish and maintain an accounting system that shall be in conformance with generally
accepted principles of accounting. The accounting system shall be subject to review and
approval of COUNTY.
Document all PROGRAM costs by maintaining records in accordance with Section III,
Paragraph D below.
4. Submit to the COUNTY request for reimbursement, as needed, supported by
documentation as agreed to by CITY and COUNTY.
Certify current and continuous insurance coverage of CITY, subject to approval of
COUNTY and in accordance with requirements as outlined in Exhibit " G" (Insurance);
and obtain certificate of sufficient insurance from all 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:.
Maintain complete and accurate records of all its CDBG transactions including, but not
limited to, contracts, invoices, time cards, cash receipts; vouchers, canceled checks, bank
statements, client statistical records, personnel, property and all other pertinent records
sufficient to reflect properly:
a. All direct and indirect costs of whatever nature claimed to have been incurred or
anticipated to be incurred to perform this Contract or to operate the PROGRAM;
and
b. All other matters covered by this Contract.
E. Preservation of Records. CITY shall preserve and make available its records:
Until the expiration of five years from the date of final payment to CITY under
this Contract; or
2. For such longer period, if any as is required by applicable law; or
If this Contract is completely or partially terminated, the records relating to the
work terminated shall be preserved and made available for a period of five years
from the date of termination.
F. Examination of Records: Facilities. At any time during normal business hours, and as
often as may be deemed reasonably necessary, CITY agrees that HUD and the
COUNTY, an&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
E
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 2.4 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 A1.28 "Audits of State and Local Governments".
In addition, COUNTY will comply with Federal Regulations as citedin 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.
.:
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 C—�T�MANAGER Debra
J. Figone (�P&gnee 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:
M
B. Contract Non-compliance.- If CITY fails to comply with any provision of this Contract
(2'4 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:
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_0- Box 949
Address of CITY
Debra J. Figone
Name of C4TV 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 RealIocation 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
X
X
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 PersonalProperty 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).
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:
l . 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: _
The failure of COUNTY to reimburse CITY for eligible costs as defined by HUD
and this Contracts and
2. Any negligent act or omission, or willful misconduct arising out of any work or
service performed by COUNTY, its officers, employees, agents or subcontractors
under the PROGRAM or this Contract.
All additional provisions set forth in Exhibits "A" e " G", attached hereto and incorporated herein
by this reference, e.g. Insurance " G shall be required by CITY of all its program recipients.
XIV. WAIVER OF RIGHTS AND REMEDIES
In no event shall any payment by COUNTY constitute or be construed to 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.
XVIM INTEGRATED DOCUMENT
This Contract, in conjunction with the Santa Clara County CDBG Joint Powers Agreement,
contains the entire agreement between COUNTY and CITY with respect to the subject matter
hereof. No written or oral agreements, other than the Santa Clara County CDBG Joint Powers
Agreement, with any officer, agent or employee of COUNTY prior to execution of this Contract
shall affect or modify any of the terms of obligations contained in any documents comprising this
Contract.
XIX. ATTORNEY'S FEES
In the event it becomes necessary for any party to obtain legal counsel to enforce the terms of
this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs.
13
XX. MISCELLANEOUS
A. The captions of this Contract are for convenience of reference only, and the words
contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation,
construction or meaning of the provisions of this Contract.
B. All exhibits attached hereto and referred to in this Contract are incorporated herein by this
reference as if set forth fully herein.
IN WITNES'S WHEREOF, the parties have executed this Contract in duplicate the day and year
above written.
ATTEST:
Clerk, Board of Supervisors
APPROVED AS TO FORM AND
LEGALITY:
Deputy County Counsel
APPROVED AS TO FORM:
Orry P. Korb
4�4y Attorney
Town
FY 2000/01 Files
Cities —Contracts 2000/01
Dec. 4, 2000
COUNTY OF SANTA CLARA
Chairperson, Board of Supervisors
CITY
Town of Los Gatos
By: Debra J. Figone
Town Manager
14
({ Town of Los Gatos (
FY 2000-2U'Ux Community Development Block Grant City/County Contract
.xhihits A n
Project: Affordable Housing Fund LG-00-11
Project No.: LG-99-11
Agency: Town of Los Gatos Site: (Site address same)
208 E. Main Street
Los Gatos, CA 95031
Regina Falkner, Community Services Director
(408) 354-6820
Project Description: These funds are intended to be used in conjunction with other city, state, and
federal resources to facilitate the development of one or more significant housing projects. The
Town's Housing Element states the "Town will utilize the Affordable Housing Fund to provide
financial assistance to non-profit and for -profit developers who develop housing affordable to very
low and low income households in Los Gatos, The Town Affordable Housing Fund includes
deposits from the Redevelopment Housing, BMP In -lieu Fee, and CDBG funds. Past projects
included, the Council allocated $120,000 in CDBG Affordable Housing Fund monies to Community
Housing Developers for its Los Gatos Creek project at Miles Avenue.
Project Work Plan:
Direct Services:
► Continue to investigate new affordable housing development projects.
► Evaluate CHD additional funding request for the Los Gatos Creek Apartment project.
► Hire a consultant to review CHD funding request to offset expenses for the Los Gatos Creek
project.
► Consider contribution to Habitat for Humanity to help offset construction costs for the
Charles St, Los Gatos project.
Note: FY 1999-2000 balance of $75.00 from LG-00-32 and $4.00 from LG-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 4" quarter.
Habitat for Humanity: Design specification on Charles St.
project will be reviewed by the Town of Los Gatos Community
Development Dept. January 2001.
Budget Balance available: $17,594
Funding: (LG-00-11) ( unding: (LG-99-11)
FY 1999-2000
I FY 1998-99
CDBG funding amount
$9,169.00+ ($79,00
reprogrammed)
($9,248.00)
$8,346.00
Unduplicated LG clients
12
12
Cost per year per client
$924.80
$695.50
Total program budget
$9,248.00
$128,346.00
CDBG as % of total
100%
6.50% o (act.)
Town of Los Gatos
FY 2000-24,u - Community Development Block Grant City/County Contract
Exhibit A - D
Project: Charities Housing Development Corporation Project No.: LG-00-12
Transitional Housing for Survivors of Domestic Violence
Agency: Charities Housing Development Corporation Site: Benton/El Camino Real
195 E. San Fernando Street Santa Clara
San Jose, CA '95112
Berkeley Burbank, Project Manager
(408) 282-1137
Project Description: The project is new construction of 25 units of affordable housing, including
24 units of transitional housing for domestic violence survivors, and 1 resident manager unit. A
child care center will also be built on -site. Charities Housing is the project developer; the project
owner and operator is 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 I (See attached Agency Scope of Services) -___1
Timeline Construction began 12/15/00. Complete construction by
12/15/01.
Budget I See below I
Funding: (LG-00-12)
FY 2000-2001
I FY 1999-00
CDBG funding amount
$0
$50,000.00
Unduplicated LG clients
0
n/a
Cost per year per client
n/a
n/a
Total program budget
$0
$2,928,608.00
CDBG as % of total
0
1.71 %o(act.)
n'.\csd\2218\exh i bits. 00'1
EXHIBIT B
SCOPE OF SERVICES
FOR 2000/01 CDBG
TRANSITIONAL HOUSING FOR SURVIVORS OF DOMESTIC VIOLENCE
PROJECT DESCRIPTION
The proposed development consists of 25 units of co -housing for survivors of domestic violence, including
a resident managers unit, and a child care facility. The units will be affordable to very low-income
households. Co -housing communities respond to the basic needs of today's households (child care, social
contact and economic efficiency) by combining the autonomy of private dwellings with the advantages of
community living. Each household has a private residence but also shares extensive common facilities with
the larger group, such as dining, children's playrooms, study rooms and laundry facilities. In Santa Clara
County co -housing has been shown to be conducive in giving women and their children both the privacy and
the community they need to regain control of their lives when transitioning out of an unhealthy living
environment. These units will offer families an affordable living situation, informal community support, child
care and centralized access to services specifically for battered women and their children. The architects for
the development, McCamant and Durrett, are internationally recognized leaders in the co=housing movement.
The site is ideally located adjacent to a CalTrain station and on a major bus arterial. Its central location places
it in proximity to many employment opportunities throughout the valley and the transportation necessary to
capitalize upon those opportunities. In addition, its location will give residents access to public services
available in the broader community.
Throughout the term of this Agreement, rent charged to occupants of the units in the PROJECT shall not
exceed thirty percent (30%) of the Annual Income of a household whose Annual Income equals the upper
qualifying limit for a Very Low Income Household, adjusted for household size.
USE OF LOS GATOS FUNDS
The funding approved by the Town of Los Gatos will be used to cover construction of the above described
affordable housing. Contractor will be eligible to receive reimbursement of expenses when construction is
50% complete.
Town of Los Gatos
FY 2000-20�,. Community Development Block Grant City/County Contract
Exhibits A - D
Project: 2nd Harvest Food Bank - Operation Brown Bag
Agency: Second Harvest Food Bank of Santa Clara and
San Mateo Counties
750 Curtner Avenue
San Jose, CA 9.5125-2118
Cynthia McCown, Director of Services
(408) 266-8866
Project No.: LG-01-31
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 I 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
I FY 1999-00
CDBG funding amount
$3,600.00
$3,600.00
Unduplicated LG clients
75
78
Cost per year per client
$48.00
$46.15
Total program budget
$1,711,633.00
$1,851,875.00
CDBG as % of total
0.21 (proj.)
0.19%0 (act.)
SCOPE OF SERVICES
FISCAL YEAH 2O00-01
AGENCY:
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 $90000 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.
II. 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:1exceRcdbgex0l.xis
EXHIBIT B
SCOPE OF SERVICES
FISCAL YEAR 2000:01
LII. DIRECT SERVICES TO BE PROVIDED TO LOS GATOS RESIDENTS:
Quarterly Service Goals
191 2nd 2r 4"
A. Weekly groceries 56 56 56 56
B. Nutrition $ Consumer Workshops 1 1 1 1
(materials)
C. Quarterly Newsletter
D. Volunteer Recognition
E. Volunteer Opportunities
IV. INDIRECT SERVICES TO BE
PROVIDED TO LOS GATOS
RESIDENTS
A. Information and Referral services
will be provided as needed.
1
0
10
weekly
1
1
10
weekly
1
0
10
weekly
1
1
10
weekly
6Mual Totals
56
4
CSd33A:\exceticdtc�axo� .xis
Community Development Block Grant
Page 2 of 2
4
2
10
weekly
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)
H. CL_
A. Total number of unduplicated Los Gatos residents to participate program 540
B. Demographic Reports
Demographic data regarding clients served, income, sex, race, age, and
handicapped status shall be submitted quarterly.
Four (4) quarterly installments of $1,930.00 each will be paid to Catholic Charities'
Long Term Care Ombudsman Program for Ombudsman services including site
visits, information and referral to Los Gatos' elderly residents during Fiscal Year
2000-2001. Payment to Catholic Charities shall be made in accordance with the
terms of the Community Development Block Grant Agreement, and its amendment
between the Town of Los Gatos and Catholic Charities' Long Term Care
Ombudsman Program.
Community Development Block Grant
Page 1 of csd33A:\excel\cdbgex0l_xls
Long Term Care Ombudsman Program at Catholic Charities
EXHIBIT B
SCOPE OF SERVICES
FISCAL YEAR 2000-01
III, DIRECT SERVICE TO BE PROVIDED TO LOS GATOS RESIDENTS:
Quarterly Service Goals
1st 22°d 3rd 4th Annual Totals
A. Site visits to Los Gatos"long term care
facilities on a regular basis and as needed. 42 42 42 42 168
B. Face to face contact with Los Gatos' long
term care resident. 135 135 135 135 540
C. Respond to and investigate complaints on
behalf of long term care residents.
D. Advocate for long term care residents' right
to self determination for health care by
witnessing Durable Powers of Attorney for
Health Care. (This is actually a direct service
but we can not guarantee how many requests
for witnessing will be received.)
TV. 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.
14 14
2 1
14
14
56
2
1
6
1
1
1
1
4
1
1
2
Community Development Block Grant
Page 2 of 2 csd33A:\excel\cdbgex0l .xls
( Town of Los Gatos (
FY 2000-2001 Community Development Block Grant City/County Contract
Exhibits A - D
Project: Live Oak Adult Day Services - Adult Day Care Project No.: LG-01-33
Agency: Live Oak Adult Day Services Site: 19 High School Court
19 High School Court Los Gatos, CA 95030
Los Gatos, CA 95030
Colleen Hudgen, Executive Director
(408) 354-4782
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 I 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% (prof)
12.98% (act.)
n: \cs d\22.18\exh i b i ts. 001
EXH---IBIT B
SCOPE OF SERVICES
:FISCAL YEAR 2000-D1
AGENCY: LIVE OAK ADULT DAY SERVICES
I. PROGRAM GOALS AND OBJECTIVES:
The goal of this agency is to provide a program of adult social day care in a protected
environment, which will enhance the quality of life for frail elderly participants who might
otherwise be left in isolation, and to effectively prevent or delay 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
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 da
social opportunities and psychological support unavailable through otherycommunity
services, thereby preventing or delaying 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 personal schedules.
6. By June 30, 2001, to serve both 'breakfast and lunch to all clients inlattendance 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 f
staff, volunteers, and community members. programs or families,
9. By June 30, 2001, to provide a minimum of 120 referrals to relevant available
community services to families in the Los Gatos community.
II. CLI_ E___ NTS
A. Total number of unduplicated Los Gatos residents 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 SERVTC'F.q Tn uP DDnx7TT,r±r-.
A. To provide 1,450 days of
adult social day care to
Los Gatos frail elderly
(6 hours per day)
B. To provide 1,450 days of
respite to caregivers,
corresponding to program
hours
C. Noon Meals/Provided
by County.
D. Breakfasts/Provided
by Agency.
Quarterly Services Goals
1st 2nd 3rd 4th Annual Totals
365 355 365 365 1,450
days days days days days
365 355 365 365 1,450
days days days days days
365
355
365
365
1,450
meals
meals
meals
meals
meals
365
355
365
365
1,450
brkfst
brkfst
brkfst
brkfst
brkfst
IV. INDIRECT SERVICES TO BE PROVIDED TO LOS GATOS RESIDENTS
A. Staff Consultation,
counseling, assessments. 25 25 25 25
100
B. In -Service Community
Programs, presentations of
pertinent information on
issues of concern to the
elderly and those caring
for them, to which public
is invited.
C. Referrals and Outreach
-Responses to inquiries
Outreach to increase
community awareness
-Linking of our clients
to other appropriate
available services.
30 30 30 30 120
V. PAYMENTS
Payments to LIVE OAK ADULT DAY SERVICES for services rendered in connection with the
operation of adult social day care programs including meals and outreach activities during Fiscal
Year 2000-01 will be made on a quarterly basis. The amount paid to LIVE OAK ADULT D
SERVICES will be based on the number of days of adult social day care provided multi lied by
$11.40. The maximum amount payable during the contract term is $16, 530. p y
Page 2 of 2
Town of Los Gatos (
FY 2000-261 Community 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
Site. 208 E. Main Street
95030 P.O. Box 720130 Los Gatos, CA
San Jose, CA 95172-0130
Dr. Jean Sullivan, Faculty, School of Nursing
(408) 924-3151
Project Description: San Jose State University nursing facility provides 5 prim
ary ary programs for
the elderly of Los Gatos: 1.) In -.home nursing services for the frail elderly; 2.) blood pressure
screening and monitoring; 3.) consultation for agencies, clients, and care givers; 4.) education; and
5.) information and referral.
Project Work Plan:
Direct Services: 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 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-01-34) Funding (LG-00-34)
FY 2000-2001
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
$19.16
$13.04
Total program budget
$144,427.00
$136,543.00
CDBG as % of total
4.60% o (proj.)
331 % (act.)
I
AGENCY:
The project includes five primary programs for the elderly of Los Gatos (1) in -home nursing services
for the frail elderly (case management); (2) blood pressure screening and monitoring; (3)
consultation for agencies, clients, and care givers; (4) education; and (5) information and referrals.
Services are provided by Nursing faculty, thus elders benefit from a high level of professional
expertise. Faculty carry their own case load while students work under their supervision. The days
vary according to the student sections. A project secretary provides services 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 Wealth Place shall be made in accordance with the terms 0f
the Community Development Block Grant Agreement and its amendment between the Town of Los Gatos and San Jose
State University Foundation / The Health Place.
ll. CLIENTS
A. Total number of unduplicated Los Gatos residents to participate
in program: 296
B. Demogra ho is 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:\excel\cdbgex01.xls
III. DIRECT
aQQEE
FISCAL
SERVICES TO BE PROVIDED
EXHIBIT B
OF S RYLQ.0
YFAR 7nnn
TO nS GATO
.
01
RFSID NTS
Quarterly Service Goals
A.
Frail Home Bound Home
3Cd 4tb Annual
Totals
Visits
163
163
162
162
650
B.
Blood Pressure
Screening/Monitoring
213
213
212
212
850
C.
Consultation
100
100
100
100
400
D.
Education
0
9
5
5
19
E.
IV. INDIRECT SERVI E TO 13E
PROVIDED TO O ATOS
RESIDENTS
A• Information and Referral.
B.
C.
Community Development Block Grant
50
M11=1
50 1
200
Page 2 of 2
csd33A:1excel\cdbgex01. xis
Town of Los Gatos
FY 2000-2001 Community Development Block Grant City/County Contract
Exhibits A - D
Project: Sobrato Family Living Center - Phase II Project No: LG-01-13
Site: 1493-1511 Agnew Road
Agency: Emergency Housing Consortium Santa Clara
2011 Little Orchard Street
San Jose, CA 95125
Christina L. Hamley, Project Manager
(408) 294-2100 X 210
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.
LQuarterly Goals I See attached Agency Scope of Services I
Timeline Begin construction in September 2000 and complete in February
12001.
Budget I 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%0 (prof.)
n/a
4M : EHC FAX NO. : 2941400
'' ' Sep. 12 2000 10:10AM P1
Town of Los Gatos
Scope of Services
Sobrato Family Living Center Phase if Construction Project
Brief Overview
Emergency Housing Consortium has operated a homeless shelter in the City of Santa Clara for
15 years. This shelter, nailed the Santa Clara Family Living Center, was one of very few such
resources for homeless families. In 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 sery
components. ices
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 40
transitional housing units providing up to one year of very affordable ject wll with extensive case
management and support services for homeless families with children. The project extensive
ill 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
m
will also be constructed.
Construction
The Sobrato Family Living Center will be developed in two phases. Phase I, consisting of 33
units and a community center, opened February 1, 2000,
The $20,000 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 11 is 50% Complete.
This phase of the project (Phase 11) consists of the purchase of an additional i acre parcel of land
and the construction of 8 3 and 4-badroorn apartments in 2 apartment complexes and the
conversion of 5 existing houses into 10 2-bedroom flats (Total 18 apartments). Phase 11 will
provide 8 permanent housing units and 10 transitional housing units.
Construction —Rehabilitation of Five YW±Q 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
FAX N0. 2941400 Sep. 12 2000 10:101qh1 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
fiat at each floor. The
were studied for conversion from single family homes to duplexes, with one
scope of the rehabilitation of the existing cottages includes the following, based on the S of State for the Interior Standards: ecrekary
D The original core building will be reused.
➢ Fireplaces will be reconstructed, although they will not be operational.
Y Existing wood windows will be replaced with new wood windows to match the existing
configuration. New wood windows will be double -glazed.
A 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.
Y 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-plex of 4-bedroom units. The
eight new units are designed as three and four bedroom flats in four-plex buildings. These
apartment buildings are being designed in aMediterranean/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 2000-2L- Community Development Block Grant City/County Contract
Exhibits A - D
Project: Housing Rehab Administration
Project No.: LG-01-52
Agency: Town of Los Gatos LG-00-52
208 E. Main Street Site: (Site address same)
Los Gatos, CA 95031
Regina Falkner, Community Services Director
(408) 354-6820
Project Description: The Town's Housing Conservation Program (HCP) assures participants a
safe and comfortable living environment; helps to maintain the existing housing stock; and meets
the Town's General Plan housing objectives. The HCP provides low interest installment loans,
deferred loans, and grants for eligible work items, which include: home repairs, earthquake
retrofit work, health and safety repairs, and accessibility modifications. The requested amount
would fund staff time necessary to manage the existing portfolio of loans and grants, and to
promote the program to new participants.
Project Work Plan:
Direct Services: Manage existing portfolio of 16 active loans and 15 deferred loans
Maintain 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 1-2 loan/grants per quarter.
Manage 1-2 rehabilitation projects through completion per
quarter.
Budget Time cards are kept for employees working on CDBG related
activities. Grant is charged for services on a reimbursement
basis. (See budget on following page).
Funding,,. IG-01.52) FY2000-2001 ! Fv 1000_nn
CDBG funding amount
$31,978.00
$45 000.00
Unduplicated LG clients
40
40
Cost per year per client
$799.45
$1,125.00
Total program budget
$112,855.91
$112,855.91
CDBG as % of total
28,34% (prof,)
39.87%
Funding: (LG-00-52) FY 1999-2000
I FY 1998-99
CDBG funding amount
$37,926.27
$29,453.12
Unduplicated LG clients
40
40
Cost per year per client
$948,16
$736.33
Total program budget
$112,855.91
$112,855.91
CDBG as % of total
33.61 % (act)
26.10% (act.)
Town of Los Gatos
FY 2000-2L" Community Development Block Grant City/County Contract
Exhibits A - D
Project: Urban County Rehab Services
Project No.: LG-Ol-53
Agency: County of Santa Clara LG-00-53
Environmental Resources Agency Site: (Site address same)
Housing and Community Development Program
1735 North First Street, Suite 265
San Jose, CA 95112
Mr. Charles Chew, Program Manager
(408) 441-0261
Project Description: The Santa Clara County Housing Rehab Specialist provides services to the
Town as part of the Town's Housing Conservation Program (HCP). The Specialist inspects
properties for conformance with applicable codes, prepares a project work schedule, manages the
project bid, performs project inspections, manages the construction contract, and approves
contractor payments. The requested amount is the flat fee charged by the County for these
services.
Project Work Plan:
Direct Services: Perform property inspections at the request of Town staff
Prepare Project Cost Estimates following property inspections
Coordinate bid process for HCP participants
Manage construction contracts, and supervise construction work on HCP
projects
Submit progress and final payment requests to Town staff
Indirect Services: Respond to inquiries for information
Quarterly Goals Perform 1-2 property inspections
Prepare 1-2 project Cost Estimates
Coordinate 1-2 bid process for HCP participants
Manage 1-2 construction contracts, and supervise construction
work on HCP projects
Respond to ongoing HCP inquires
Timeline Process Project cost Estimate for one new project 7/00, and
anticipate two during 4`h quarter.
Coordinate bid process for one project 11/00, and anticipate two
during Yd - 4th quarter.
Managed two construction contracts through completion 12/00
and 1/01. Anticipate one during 3`d quarter and one during 41h
quarter.
Budget See budget on following page
Funding: (LG-01-53) Funding: (LG-00-53)
FY 2000-2001
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\exh ib its. 001
Town of Los Gatos
FY 2000-20v 1 Community Development Block Grant City/CountyContract
act
Exhibits A - D
Project: General Administration Project No.: LG-01-91
Agency: Town of Los Gatos Site: (Site address same)
208 E. Main Street
Los Gatos, CA 95031
Regina Falkner, Community Services Director
(408)354-6820
Project Description: Administer funding and monitor service delivery of all CDBG-funded
programs and projects.
Project Work Plan:
Direct Services: Coordinate annual allocation of CDBG funds to nonprofit and Town projects
Establish annual City/County CDBG contract
Establish and monitor funding contracts with nonprofit agencies
Receive and review quarterly deliverables from nonprofit agencies
Coordinate disbursement of CDBG funds to nonprofit and Town projects
Prepare 4 quarterly deliverables to Santa Clara County HCD
Attend Urban County Staff meetings
Indirect Services: Respond to inquiries for information
Quarterly Goals
Coordinate annual allocation of CDBG funds to nonprofit
agencies and town projects.
Review and monitor Town CDBG funded nonprofit agencies on
an ongoing basis.
Review quarterly deliverables from nonprofit agencies on a
quarterly basis.
Prepare 4 CDBG Quarter Project Monitoring Reports and Rehab
Revenue Expenses Reports.
Attend Urban county Staff meetings.
Timeline
Coordinate annual allocation of CDBG funds to nonprofit and
town projects during the 3" 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
I 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 Acsd\2218\exhibits;001
( Town of Los Gatos (
FY 2000-2001 Community Development Block Grant City/County Contract
Exhibits A - D
Project: ADA Accessibility Improvements Project No.:. LG-01-41
ADA Accessibility Improvements LG-99-41
ADA Accessibility Improvements LG-98-41
ADA Accessibility Improvements LG-97-41
Agency: Town of Los Gatos Site: (Site address same)
208 E. Main Street
Los Gatos, CA 95031
Regina Falkner, Community Services Director
(408) 354-6820
Project Description: The Americans with Disabilities Act of 1990 (ADA) protects disabled
individuals from discrimination in various areas, including state and local government services.
The ADA mandates public agencies to provide services, programs, and activities that are readily
accessible to disabled individuals.
According to the 1990 Census, there are 275 people in Los Gatos with a mobility or self -care
limitation (this figure represents people between the age of 16 to over 65, without a work
disability). The elderly population (65+) in the Town is 3,475, which accounts for 12% o of Town
residents. ADA work benefits these populations.
Project Work Plan:
Direct Services: City Hall and Neighborhood Center (LG-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: B. ,,,som Hill Park (LG-98-41):
Provide upgraded accessibility to the restroom/snackbar facility between the baseball field and
tennis courts. Install paved sidewalk on east end of restroom building to allow wheelchair access
tp women's restroom. Modify existing stalls and plumbing fixtures in men's and women's
restrooms to comply with ADA standards.
Direct Services; Library Restroom Remodel (LG-97-41):
Provide access upgrades to Library restrooms. Provide proper door access, interior room
turnaround radius, and accessible toilet configuration. Any remaining funds to be used for
audible signals at designated intersections throughout Los Gatos.
Indirect Services: Respond to potential ADA improvements
Quarterly Goals Blossom Hill Park (LG-98-41): Send out RFP's, award contract,
and begin work.
Forbes Mill Museum (LG-99-41). Send out 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
I FY 1999-00
CDBG funding amount
$50,000.00
$0
Unduplicated LG clients
n/a
n/a
Cost per year per client
n/a
n/a
Total program budget
$80,000.00
$0
CDBG as % of total
62.5%
n/a
Funding (LG-99-41) FY 2000-01
I FY 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!: _,al
n/a
n/a
Funding (LG-9X-41) FY2000-01
FY1997-98
CDBG fundirr; amount
$0
$27,276.56
Unduplicated LG clients
n/a
n/a
Cost per year per client
n/a
n/a
Total program budget
$0
$27,276.56
CDBG as % of total
n/a
n/a
Funding (LG-97-41) FY 2000-01
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:\2218\exhibits.00 I
EXHIBIT E
CE.RT1 FICA7IONS
In accordance with the applicable statutes and the regulations governing the c: nsclidated
plan regulations, the jurisdiction certifies that:
Affirmatively Further Fair Housing -- i ne jurisdiction will affirmatively further fair hcusinc,
which means it will conduct an analysis of impediments to fair housing choice within :he
jurisdiction, take appropriate actions to overcome the effects of any impediments identi <ed
through that analysis, and maintain records reflecting that analysis and actions in this regard.
Anti -displacement and Relocation Plan — It will comply with the acquisition and relocation
requirements of the 'Uniform Relocation Assistance and Real Property Acquisition Policies , ,ct
of 1970, as amended, and implementing regulations at 49 CFR 24; and it has In effect and'.s
following a residential antidisplace ment and reiccatlon assistance Clan recuired under sec:;cn
1 04(d) of the Housing and CommunityDevelopment Act c a
' of 1.7 ., as amended, in
with any activity assisted with funding under the CDEC or ,HOME programs.
Drug Free Workplace -- It will or will continue to provide a drug -free workplace by:
1. Publist-ling a statement notifying employees :;lat the unlaMu'l manuiare,-C(Sa CutiCn,
dispensing, possession, or use of a controlled substance is prohibited in the Grantee's
workplaca and specifying the actions that will be taken against employees for violation cf
such prohibition;
2. Establishing an ongoing drug -free awareness program to inform employees about -
(a) i ne dangers of drug abuse in the workplace;
(b) ine grantee's policy of maintaining a drug -free workplace;
(c) Any available drug counseling, rehabilitation, and employee assistance precrarns; and
(d) Tne penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
3. Making it a recuirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition cf
employment under the grant, the employee will -
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a violation of a criminal druc
statute occurring in the workplace no later than five calendar days after such
conviction--
S. Notifying the agency in writing, within ten calendar days after receiving notice under
subparagraph 4(b) from an -employee or otherNise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position
title, to every grant crtic r amer cesicnee on wncse crane o iiry U: e cCnvic--c
employee was working, �;r,less the Federal agency has designated a cantral point for
the receipt of such notices. Notice shall include the identification number(s) of aach
affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice 'ender
subparagraph 4(b), ',vith respect to any employee who is so ccnvictcd -
(a) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation ,act of 1973, as
amended; or
(b) Requiring such employee to partic!Pate satisfactorily in a drug abuse assistar.ca or
rehabilitation program approved for such Purposes by a Federal, State, Cr loco! I nea!th,
law enforcement, or other appropriate agency;
. leaking a good faith -?"fort to continue to maintain a drug -free 'iVCrkplaCa hrvC
implementation of paragraphs 1 , 2, 3; 4, 3 and 6,
Antkl_cbbying -- To the best of the ;urisdic,icn's 'Knowledge and belief:
1. No Federal aporcoriated funds have been paid or will be paid, by or or, behalf ct it, to anv
person for Influencing or attempting a Influence an o icar Cr employee Of any agency a
,Member of COncress,'an CTricer or employee of Congress, or an emclovee of a Member
CT Congress I:n connection with the awarding of any 'Federal contract, the making of anv
Federal grant, the making of .any'Federal loan, the entarinc into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of aryl
Federal contract, grant, loan, or cooperative agreement; ..
2. If any finds other than Federal appropriated funds have been paid or wiil be paid tc any
person for influencing cr attempting to influence an a icer or employee of any, acenc/, a
Member of Congress, an oiiicar or employee of Congress, or an employee of a Memd;:r
of Congress in connection with this Federal contract, grant, [can, or coccerative
agreement, it will complete and submit Standard Form-LLL, "Oisciosure Form to Repo
Lobbying," in accordance with its instructions; and
3. It will require that the language of paragraph (n) of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall cetfy 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 Jt is seeking funding, in accordance with applicable, HU0 regulations.
Consistency with plan — The housing activities to be undertaken with C08G, HOME, ESG,
and HCPWA funds are consistent with the strategic plan..
Section 3 — It will comply with section 3 of the Housing and Urban Develcpment Act of 1 GA-3,
and imp, eating regulations at 24 CFP Part 135.
5/15/00
Signa ur4-1Authoriz4dCrfM�"7;A Date
County Executive
Title
Specific CDBG Certifications
i ne Entitlement Community certifies that:
Citizen Participation -- It is in full compliance and following a detailed citizen par':ci�atic;
plan that satisfies the requirements of 24 CFR G1 .105,
Community Development Plan -- Its consolidated housing and community development plan
identities community development and housing needs and specifies both short-term and Icnc-
term community develcpment objectives that provide decent housing, expand eggnog is y
oocortunities primarily for persons of low and Mcderate income. (See C P 24 570? and CFp
24 part 570)
Following a Plan -- It is following a curre^t c nsoiidated la, (cc Comp e rtS
A`cr-ability Strategy) t~at has been approved cy -UO,
Use of Funds - It has complied with the following c,itena:
Maximum Feasible aricrity. Witi't respect to activltleS 2XC2CteC t0 tje•aSSiSteQ wjt�
funds, it certifies that it has developed its Action Flan sc as to give „,i��u;- fz-si: it
priority to activities which benefit low and moderate inc:,me families or aid in the
prevention or elimination Of slums or blight. The Acticn '-F!ar,, may .also Ir1C;C de aC; ,iZ;�S
which the grantee certifies are designed to meet Ct~er.cemmunitV -4 !ccment ^=e�
having a partiC:aaf urgency because existing conditions Pose a serious and mmec sae
th eat to the health or welfare of the COmmuni�ty, and other inancial resources are not
available);
2. Overall per @tlt. I he aggregate USe of CJCG funds inc;udii �c Section 108 Cuarant=ed
loans during program year(s) a
20,0.4 , (a Period specified by the grantee
consisting of one, two, or three specific Consecutive program years), shall o incipaily
benefit persons of low and mcderate inccme in a manner "-at ensures that at ieaSt ,%,;'
percent of the amount is expended for activities that bene;i such persons during "2
designated period;
3. Scecial Assessments. It will not attempt to recover anv capit?I costs of public
Improvements assisted with COBG funds including Section 108 loan guaranteed fUn,dS c'J
assessing any amount against properties owned and occupied by persons of lcv/ :nd
moderate 'income, including any fee Charged or assessment made as a Condition Cf
obtaining access to such public improvements.
However, if C08G funds are used to pay the proportion of a fee or assessment that
relates to the capital costs of public improvements (assisted in part with C08G funds)
financed from other revenue sources, an assessment or charge may be made against the
property with respect to the public improvements financed by a source other than COSG
funds.
The jurisdiction will not attempt to recover any capital costs 'of public improvements
assisted with COBG funds, including Section 108, unless COBG funds are used to pay the
proportion of fee or assessment attributable to the capital costs of public improvements
tnanced from other revenue :roes. In this case, an assessmenn charge may be
made against the property 'Nita respect to the Public improvements financad' by'a sourca.
other than CGSG funds. Also, in the case of proper*fes owned and ccc;:pied by mcderata-
inccme (not law -income) families, an assessment or charge may be made against the
property far public improvements inanced by a source ather than Cue'G funds if the
jurisdiction car -hies that it lacks C0SG funds to cover the assessment.
Excessive Force — It has adopted and is enfcrc;ng:
1. A policy prohibiting the use of excessive `orce by Law enforcement agencies 'Nithin its
jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
2. A policy of enforcing applicable State and local !a'NS against Physically baring enti:ance 0.
Or exit from a facility or !cc—t.an is ',he subject c: such non-violent -Nil r iCi'iS
demonstrations 'Nithin Its jurisdiction; "
Ccmpliance With Anti-discriminat:cn laws — i 1 �e grant will ce ccnduCac' and ad,;,iriste; ed
in c--nform.it/with titi-e /I of the Civil RlgntS ACt of I Cc4 LISC 2CCCd) tt`e alp CPS; C �.C;
(42
USIC . c01 -30 1 C)', and implern�entinc reculaticns.
Lead -'cased PailTi — Its notification, inspection, tcstirlg and abatement procedures
ccncarninc lead -based paint will c-MpIv W-IW41 the recf lirernt entS of 24 Cl= oCld.�L$,
Ccmclianca with Laws — It will ccmcly with a�clicabie laws.
�VWrA k 5 15 00
ignature uthorized ffici ate
—County-Executive
iitl e
APPENDIX TO Cc '[FiCATIONS
iNSTRUC70NS CONCEEPN'ING 'LOHOYING ANC DRUG-FFE= WCR PLACc REOUIRE:VIEVi'S;
A. Lobbvina Certification
7 his certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 13�2, title
31, US. Code, Any person who `ails to tide the required certification shall be subject to
a civil penalty of not less than 510,000 and not more than S11 CO,000 for each such
failure.
S. Crjc- :ree Wcrkclace Cartiticaticn
1. Ev signing and/or submi inc this application or grantacreement, the Crantce is,
providing the cartlfication.
?. The certification is a material represantaticn of fact upon whip,' rallanCe i I --laced
When the agency awards the Grant. if It is later deter,^nine'd that the crantee,
knowingly rendered a false certification, Or othe^Vise viclates the recuiremenS of
the Drug -Free Workplace Act, 'HUD, in addition tc any other re �ecies available tv
u e=ederal Government, may take action authorized Linder the vruc-Free
Workplace Act. V
Fcr crantees other than individuals, Alternate I applies. (7inis is the 'infer,, aticn
to whip, jurisdictions certify),
C• For cr a ltees who are individuals, Alters late ll applies. (Not applicable
jurisdictions.)
\Norkpiaces under trants, for craniees ok, . +i an individua.s, need not 2
identified on the certification, If known, they may be identified in the Grant
application. If the grantee does not identify the'Ncrkp'lacas at the time of
application, or upon award, if tl^ere is no application, the grantee must keep
uie identity of the workplace(s) on ile in its office and make the iniormaticn
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 buildings '(or pars
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 local unemployment office, persormers in concert halls or radio stations).
7. If the workplace identified to the agency changes during the performance of
the grant, the grantee shall inform the agency of the change(s), if it previously
identified the workplaces in question (see paragraph rive).
8. I ne srar,tee may insert0-le space prcvided oelow
the site s;r the cercrrnai-,cs c-
work done in connection with the specific grant:
Place of Performance (Street address, city, county, state, zlp code)
County of Santa Clara
ousing and ommunity eve opmeit Program
NorTrs ree ui�e
Sanose, CA 95117,
Check if there are workplaces on file that are not iden:i�ied here; i ne cer;;fica: cn
with retard to the drug -free workplace required by 24 C car 24, Subcart P.
9. Cetlniticns of terms in the Ncncrccurarnent SuScensicn and Debarment
cCmmcn rule and Crug-Free VNN orkplace common rui'e accly tC this car-,:5,caticr
Grantees' attention is called, in particular, to the fcPic'wlr,g definitions rcm t. ese
rules:
"Controlled substance means a controlled substance in Sc1hedules I ,hrcuch V
cf the Controlled Substances Act (21 U.S.C.812) and as r:urher defined by
reculaticn (21 C R 13C8.11 through 13C8.15);
°Conviction" means a ending of guiit (including a plea of ncia ccntendere) cr
imposition of sentence, or both, by an;< ;udicial' body c; ,arced with the
respCnsDllitdetefrie lCltionfthe Federal Cr Slate criminal drug
SiatL'teS;
"Criminal drug statute" means a Federal or non -Federal criminal statute
involving the manufacture, distribution, dispensing, use, cc possession of any
controlled substance;
"Employee" means the employee of a grantee directly engaged in the
pencrmance of work under a grant, including: (1) All "direct charge" employees;
(N) all Indirect charge" employees unless their impact or involvement is
insignificant to the perormance of the grant; and (M) temporary personnel and
consultants who are directly engaged in the performance of work under the
grant and who are on the grantee's payroll. i nis definition does not 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; or employees of subrecipients or subcontractors in covered
workplaces).
ASSURANCES
CORPORATION hereby assures and certifies that it will comply with all regulations, policies,
guidelines and requirements applicable to the acceptance and use of Federal funds for this
Federally -assisted program and will be responsible for implementing and complying with all
relevant future changes to Federal Regulations or OMB Circulars. Specifically CORPORATION
gives assurances and certifies with respect to the PROGRAM that it is in compliance with the
following Regulations as defined by 24 CFR, Part 570, Subpart J; 24 CFR, Part 570, Subpart K;
and will be conducted and administered in conformity with "Public Law 88.352 and Public Law
90-284.
570.601. Public Law 88-352 and Public Law 90-284; affirmatively furthering fair
housing; Executive Order 11063, as amended by Executive Order 12259 addresses
discrimination. HUD regulations implementing Executive Order 11063 are contained in
24 CFR, Part 107.
2. 570.602. Section 109 of the Act addresses discrimination.
570.603. Labor Standards.
4. 570.604. Environmental Standards.
5. 570.605. National Flood Insurance Program.
6. 570.606. Relocation, Displacement and Acquisition.
7. 510.607. 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 11115100
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/fy2000/01'/files
contracts/assurrances
EXHIBIT F- ASSURANCES 2 REVISED 11115100
EXHIBIT H
DECLARATION OF CONTRACTOR
(to be completed by all Type I or Type 1'I contractors)
A. [x] This is a Type I service contract under the Board of Supervisor's Resolution on
Contracting Principles. If this box is checked, please complete the following:
Type I Category: _Section 1'I C.6
Explanation: _Contract with other public agencies
B. [ ] This is a Type II contract under the Board of Supervisor's Resolution on Contracting
Principles.
C. To be completed by Contractor:
The contractor currently has other County Contracts for the same or similar services:
[ ] Yes
[ x] No
If Yes is checked, please list and describe contracts, types and dollar amounts.
D. I am authorized to complete this form on behalf of Town of Los Gatos
(name of contracting entity).
I have used due diligence in obtaining this information, and this information contained
herein is complete and accurate.
Signature:
Name: Debra J. 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