2010110102 - Community Development Block Grant with the County of Santa Clara.~p~ fl pF
!QS Gp.~ps C~JUI~CIL AGEl~TDA REP®1gT
DATE: October 11, 2010
1VIEE'I'Il®TG DATE: 11/1/l d
ITE1~I l~®:
TO: MAYOR AND TOWN COUNCIL
FROM: GREG CARSON, TOWN MANAGER
.SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE TOWN MANAGER TO
EXECUTE THE FY 2010/11 COMMUNITY DEVELOPMENT BLOCK
GRANT CITY-COUNTY CONTRACT WITH THE COUNTY OF SANTA
CLARA
RECOMMENDATION:
Adopt a Resolution authorizing the Town Manager to execute the FY 2010/11 Community
Development Bloclc Grant (CDBG) City-County Contract with the County of Santa Clara
(Exhibit A to Attachment 1').
BACKGROUND:
The Town has participated in the Santa Clara Urban County CDBG Program since 1975.
Through this .program, the Town receives federal CDBG funds for activities which benefit
primarily very low and low income households, including Americans with Disabilities Act
(ADA) modifications,. affordable housing developments, the Housing Conservation Program, and
service programs administered by local nonprofit agencies.
Every three years the Town enters into a Joint Powers Agreement with Santa Clara County,
__ ...which.allows~.the. County~:to.;receive,CDBG. funds from he.United_ States Department of Housing
and- Urban Development (HUD) on behalf of the Town and other non-entitlement cities in Santa
Clara County (those with a population less than 50,000). The current JPA covers the period from
October 1, 2008 through .September 30, 2011. Federal regulations require that the Town and
County also execute aCity-County Contract each fiscal year; this contract allows the County~to
disburse CDBG funds to the Town.
PREPARED BY: Regina A.
Community ' s Director
N:\CSI3\TCRPTS\2010 TCRPTS\City-County contract FY 201 l.docx
Reviewed by: Assistant own Manager wn Attorney
Clerk Administrator finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: FY 2010/11 COMMUNITY DEVELOPMENT BLOCK GRANT CITY-COUNTY
CONTRACT WITH THE COUNTY OF SANTA CLARA
October 11, 2010
DISCUSSION:
The attached City-County Contract (Exhibit A to Attachment 1) covers FY 2010/11. As noted
above, this contract is required in order to allow the County to disburse 'CDBG funds to the
Town. The Town cannot receive any reimbursement of eligible CDBG expenses unless a valid
City-County Contract is in place. This annual contract, effective July 1, is generally provided to
the Town in the fall for approval and execution.
Exhibit H of the City-County Contract concerns the administration of the Town's Housing
Conservation Program, which is performed by County staff. The Housing Conservation Program
provides funds to income-eligible homeowners to finance essential home repairs.
Office of Affordable Housing
During the next year, the County will continue with efforts initiated last fall to reduce its General
Fund subsidy of the Community Development Block Grant Program. To date, the County has:
® Reviewed and reduced overhead costs
® Established a Working Group with participating cities and non-profit representatives
• Provided for the completion of a consultant's assessment of the CDBG program.
For FY 2011/12 it is anticipated that the County will reduce grants to participating cities by
eliminating the $15,000 provided for grant administration. Although this will have a negative
impact on the cities, it is hoped that software services purchased by the County will reduce the
administrative- impact on the cities. Cities may also be required to institute a $5,000 minimum
for all grants to non-profit agencies. Applications for Community Grants, including CDBG
grants, will be issued in January. Town staff anticipates being able to meet the County's
requirement without significant impact. Only one current grant recipient, Second Harvest Food
Bank, is under the $5,000 minimum ($4,800.)
CONCLUSION:
Staff recommends that Council adopt a resolution authorizing the Town Manager to execute the
FY 2010/11 Community Development Block Grant City-County Contract with the County of
Santa Clara. This will allow the Town Manager to sign City-County Contracts for the duration
of the existing. Joint Powers Agreement (the end of FY 2010/11).
ENVIRONMENTAL ASSESSMENT:
The recommended action is not a project defined under CEQA, and no further action is required.
PAGE 3
MAYOR AND TOWN COUNCIL
.SUBJECT: FY 2010/11 COMMiJNITY DEVELOPMENT BLOCK GRANT CITY-COUNTY
CONTRACT WITH THE COUNTY OF SANTA CLARA
October 11, 2010
FISCAL IMPACT:
The 2010/1.1 City-County Contract will govern a total of $340,622.49 in CDBG funds
(Attachment 2). This figure is the sum of the new allocation for this fiscal year ($145,616.00)
and the remaining balance .from previous years allocations ($195,006.49). .
All CDBG allocations are adopted as part of the Town=s annual operating budget.
Attachments:
1. Resolution of the Town Council of the Town of .Los Gatos Authorizing the Town
Manager to execute the FY 2010/11 Community Development Block Grant (CDBG)
City-County Contract with the County of Santa Clara (Exhibit A).
2. List of FY 2010/11 Projects (Cash Control .Record)
Distribution:
Ms. Margie Matthews, Director; County of Santa Clara; Department of Planning and
Development; Office of Affordable Housing; 2310 North First Street, Suite 100; San Jose, CA,
95131-1011
THIS PAGE
INTENTIONALLY
LEFT BLANK
Attachment 1
12ES®LTJ'TI®l~ 2010-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING TFIE TOWN MANAGER TO EXECUTE THE FISCAL YEAR 2010/11
COMMUNITY DEVELOPMENT BLOCK GRANT CITY-COUNTY CONTRACT
BETWEEN THE COUNTY OF SANTA CLARA
AND THE TOWN OF LOS GATOS
W~IEI~EAS, the Town of Los Gatos participates in the County Cooperative
Community Development Bloclc Grant Program; and
WI~EREAS, 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 2009 - 2011; and
W~IEREAS, 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
W~IE~EAS, 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.
1'Y® 0'7, 1 JLAS`~l'®LS` 8J~ r', Y.Z1L` 1 ®@'C 1°9 ~®~Jl'7~1L ®Y r9.19.1.1 9. ep ~C 1'i '1.91 A~®S
GATOS I)®ES I~EIZE~Y RES®I,VE that the Town Manager is authorized #o execute:
1) The Community Development Block Grant City-County Contract for the period July 1,
- - 2010-through-June--30, 2011,-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.
PASSED Alm AI~(.~l'"I'ED this day of November, 2010 by the following vote, to wit:
C®UI~CIL IVIEl~ERS:
AYES:
- NAYS:
.ABSENT:
ABSTAIN:
SIGNED: /s/Diane McNutt
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: /s/ Jackie D. Rose
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\CSD\TCRPTS\Resolutions\2010\City County Contract 10-1 i.docx
2
Exhibit A
CO1~~lYIU1~TTY DEVELOPlYIENT I~LOCIK GRANT
COUNTY/CITY CONTRACT
Contract No. LG-11-00
THIS Contract is made and entered into pursuant to the Catalog of Federal Domestic Assistance
{CFDA) 14.218 by and between the COUNTY OF SANTA CLAR.A, a political subdivision of
the State of California (hereinafter "COUNTY"), and the CITY/TO~'N OF 1LOS GATOS
{hereinafter "CITY") participating as a member of the County of Santa Clara COMMUNITY
DEVELOPMENT BLOCK GRANT (hereinafter "CDBG") Joint Powers Agreement. The
allocation of funds pursuant to this Contract shall be a grant. COUNTY approved the .allocation
and disbursement of CDBG funds to CITY on April 27, 2010.
VdITN]ESSETII
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 19'74, as amended; and
WHEREAS, COUNTY has agreed to the use by CITY, as a subrecipient, of a portion of
COUNTY'S CDBG entitlement for a housing and community development program to be
operated within COUNTY and which shall benefit low and very low income households.
NOW, THEREFORE, the parties agree as follows:
I. PRO GRAIYI
COUNTY agrees to allocate a portion of its CDBG entitlement, and/or program income as
defined in 24 CFR 5'70 Subpart J, ``Grant Administration" (570.504), to the CITY, as a
subrecipient ofthe County, in the amount of Three hundred forty thousand sib hundred
twenty-two and 49/100 dollars 0340,622.49) for the purpose of reimbursing the City for costs
incurred to implement the housing and community development program (hereinafter
___._w. __"PROGRAM"). PROGRAM is defined as projects and activities funded with. tlussallocaton by: ________._________
the CITY and described in .detail in Exhibits "A" through ``H." 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 2010/11
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 fiends for eligible CDBG
Housing activities from its approved rehabilitation program revolving loan fund account,
including accrued Program Income. Such authority is based on CITY and its subrecipients being
in compliance with all Federal Rules and Regulations governing the CDBG PROGRAM, and the
COUNTY CDBG Reallocation Guidelines.
County of Santa Clara 1 FY 10/11 County/City Contract
Office of Affordable Housing L.G-11-00
Community Development Block Grant Program jnb Revised 8/4/10
~,
As a condition of this Contract, CITY has pz-ovided numerous exlubits marked "A" through "D"
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), and Exhibit "D" (Budget). Attached hereto and
incorporated herein are the County's. Exhibits as follows: Exhibit "E" (Certifications), Exhibit
"F" (Assurances), Exhibit "G" (Insurance), Exhibit "H" (Urban County. Housing Rehabilitation
Services), if applicable, and Exhibit "I" (Contracting Principles Declaration} for all allocated
CITY projects and activities awarded funding for Fiscal Yea><• 2010/11.
II. 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 will
begin on July 1, 2010 and will terminate on June'30, 2011, or unless tezminatecl earlier
pursuant to Section VI or Section VII of this Contract. Invoices requesting, disbursements
submitted after the expiration of this Contract will be honored only for allowable costs
incurred during the Contract team and received prior to the processing cut-off date
established by the County.
B. The term of expenditl~re by CITY for the grant amount provided for herein shall begin on
July 1, 2010 and terminate on the earliest of the following dates asset forth herein:
June 30, 2011, 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 VI or Section VII of this Contract.
III. OBLIGATIONS OF CITY
A. Certifications by CITY:
City must provide COUNTY with written certification that the following information is
on file at the CITY offices, and is subject to monitoring by IIiTD and/or COUNTY
(County's Housing and Community Development Department; "OAH") OAH staff, or
their representatives.
Names and addresses of the current CITY Manager and CITY Council members.
2. Records of all discussions and actions taken at CITY Council meetings pertaining
to the CDBG PROGRAM.
Information and housing objectives for the Consolidated Plan required by HUD
at the beginning of each program year.
B. PROGRAM Performance Responsibilities of CITY.
Conduct the PROGRAM within Santa Clara County,. for the purpose of benefiting
low and very low income households..
County of Santa Clara 2 FY 10/11 County/City Contract
Office of Affordable Housing LG-11-00
Community Development Block Grant Program jnb Revised 8/4/10
2. File quarterly reports with COUNTY detailing. adherence to the PROGRAM as
described in Exhibits "A" through "D." The reports must document services
rendered by the PROGRAM, describe the beneficiaries of the services, and
evaluate the manner in which the PROGRAM is achieving its objectives and
goals as a participating non-entitlement CITY.
C.
3. Utilize minority and/or female owned business, vendors, suppliers,. and
contractors to the maximum extent feasible, for items funded pursuant to this
Contract, in accordance with County policy.
Fiscal Responsibilities of CITY.
1. Identify the CITY's fiscal agent who is responsible for financial activities of
CITY, including the receipt and disbursement of CITY CDBG funds. CITY will
notify COUNTY in writing of the appointment of any subsequently appointed
fiscal agent and that agent's name.
2. Maintain an accounting system that conforms with generally accepted principles
of accounting. The accounting system is subject to review and approval of
COUNTY.
3. CDBG Housing Rehabilitation Revolving Loan Fund Conditions:
If CITY maintains a Revolving Loan Fund ("RLF"), CITY will maintain the RLF
as a separate fund (with a set of accounts that are independent of other program
accounts) established for the purpose of carrying out specific activities which, in
turn, generate payments to the fuzad for use in carrying out the same activities.
a. The RLF must be capitalized only with housing rehabilitation or housing
acquisition repaymentfunds, which are considered CDBG Program Income
for CDBG purposes. CDBG program funds may not be drawn down to serve
as the initial available funding or ongoing funding of the RLF.
_____ b, The RLr. ~~Il _cover_a_single, specific activity~_i.e h.ousing,rehabilitation._ _________ W V4 ___
Properties which maybe assisted under the RLF include:
Single-family properties occupied by low and moderate-income
households with annual gross incomes not to exceed 80% of the
median area income threshold by family size, as issued by HUD
for each program year; and,
Multi-family (rental) properties with at least 51% of the units
occupied by tenants with annual gross incomes which meet the
same HUD annual income thresholds.
County of Santa Clara 3 FY 10/11 County/City Contract
Office of Affordable Housing LG-11-00
Community Development Block Grant Program jnb Revised 8/4/10
c. Program income received by the RLF from rehabilitation loan principal and
interest repayments, must be held in an interest bearing account. Note:
Principal repayments. and the interest paid by borrowers of CDBG-funded
loans made from the RLF is considered program iuicome and subject to the
CDBG program income requirements.
d. Any accrued interest on the total funds maintained in the account must be
returned to HUD annually, to be remitted through the COUNTY to the U.S.
Treasury.
e. The COUNTY'S Consolidated Plan must be amended following a public
review process,. to reflect the establishment of a RLF as a strategy to addxess
priority housing needs. The scope of the housing RLF should be described.
f. Irz future years,. the RLF's estimated production and program income should
be incorporated into each Annual Action Plan, as well as accomplishments
and program income reported in the Consolidated Annual Performance and
Evaluation Report (CAPER).
g. An amendment of the applicable Annual Action Plan is required in' order to
transfer any RLF funds to the grantee's main account for use with non-RLF
but. eligible activities.
(See Title 24 CFR 570 Subpart J, 570.500 "Defzzutions," 570.SD0(b) "Revolving
Fund.")
4. Comply with the audit requirements of OMB Circular A-133 which require
compliance with the Single Audit Act for any subrecipient expending $300,000 or
more of federal funds for the fiscal year.
5. Document all PROGRAM costs by maintaining. records in accordance with
Section III, Paragraph D below.
6. Submit to the COUNTY documented requests for reimbursement.
7. Certify current and continuous insurance coverage of CITY, subject to approval
of COUNTY and in accordance with requirements as outlined in Exhibit G
"Indemnity and Insurance Requirements;" and obtain certificate of insurance from
all subrecipients which will list CITY as additional insured.
Subparagraph C. 1. through 6. 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.
County of Santa Clara
Office of Affordable Housing
Community Development Block Grant Program
4 FY 10/11 County/City Contract
LG-11-00
jnb Revised 8/4/10
If CITY does not use CDBG funds in accordance with this Contract, CITY is
liable for repayment of all disallowed costs and ineligible activities. Disallowed
costs and ineligible activities maybe identified through audits, monitoring or
others sources. CITY will be required to respond to any adverse findings which
may Iead to disallowed costs, subject to provisions of OMB Circular A-87, "Cost
Principles for. State and Local Governments," and A-133, "Single Audits of State
and Local Governments." CITY is 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.
E.
Establishment and Maintenance of Records by City
1. Maintain complete and accurate records of all its CDBG transactions including,
but not limited to, contracts, invoices, time cards, cash receipts, vouchers,
canceled checks, bank statements, client statistical records, personnel, property
and all other pertinent records sufficient to reflect properly;
2. All direct and indirect costs of claims incurred or anticipated to be incurred to
perform this Contract or to operate the PROGRAM; and
Preservation of Records. CITY will preserve and make available its records:
Until five years following expiration of this Contract, or
F.
2. For such longer period, if any as is required by applicable law; or
3. If this Contract is completely or partially terminated, the records relating to the
work terminated shall be preserved and made available for a period of five years
from the date of termination.
Examination of Records:
_ 1. __ ._At any time dunrlg normal business hours and as often as may beTdeemed___
reasonably necessar3~, CITY .agrees that IIUD and. the COUNTY, andlor any_
authorized representatives may have access to and the right to examine
Subrecipient CDBG records and facilities until expiration of:
a. five years after expiration of this Contract;
b. five years from the date of termination of this Contract; or
c. such longer period as may be prescribed bylaw.
2. The CITY must provide language in its Contracts with all Subrecipients
stipulating that at any time during normal business hours, and as often as :maybe
deemed reasonably necessary, Subrecipient agrees that HUD and the COUNTY,
County of Santa Clara 5 FY 10/11 County/City Contract
Office of Affordable Housing LG-11-00
Community Aevelopment Block Grant Program jnb Revised 8/4/10
and/or any authorized representatives may have access to and tlZe z-ight to examine
Subrecipient CDBG records and facilities until expiration. of:
a. five years after expiration of this Contract;
b. five years from the date of termination of this Contract; or
c. such longer period as may be prescribed bylaw.
CITY also agrees that COUNTY acid any .authorized representatives has 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 is. required to respond in
writing to the OAH Director any audit findings within 30 days of receipt of
written audit findings. Responses will be included in the final, audit report.
G. Compliance with Law. CITY staff will 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 will 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-133
"Audits of State and Local Governments."
In addition, CITY will comply with Federal Regulations as cited in 24 CFR Part 570,
Subpart J, and 24 CFR Part 85, and all other local; State or Federal laws applicable to this
Program.
CITY and its subrecipents must comply with Section 109 of Title I of the Housing. and
Community Development Act of 1974, the Fair Housing Amendment Act of 1988, the
Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order
11246 as amended by Executive Orders 11375 and 12086.
H. Suspension and Termination. Iri accordance with 24 CFR 85,43, suspension or
termination of this Contract may occur if the CITY materially. fails to comply with any
term of this Contract,. and that the contract may be terminated for convenience or cause in
accordance with 24 CFR 85.44 and Sections VI and Section VII below.
I. Reversion of Assets. Upon expiration or termination of this Contract, or in the event
HUD cancels its Program for any reason,the CITY will transfer to the COUNTY any
CDBG fiu~ds on hand at the time of expiration and any accounts receivable attributable to
the use of CDBG funds. Any real property under the CITY's control that was acquired or
County of Santa Clara 6 FY 10/11 County/City Contract
Office of Affordable Housing LG-11-00
Community Development Block Grant Program jnb Revised 8/4/10
improved in whole or in part with CDBG funds (including CDBG .fluids provided ~to
CITY in the form of a loan) in excess of $25,000:
1. Must be used to meet one of the national objectives stated in Title 24 CFR part
570.208 for a period of five years after expiration of this Contract, or for such
longer period of time as required by the COUNTY; or,
2. The CITY must reimburse the COUNTY anamount equal to the current m.arke~t
value of the property, less any portion of the value attributable to expenditures of
non-CDBG funds for acquisition of, or improvement to, the property
(reimbursement is not required after the period of time specified in I. 1. above).
J. "Section 3"Provisions.
Compliance. Compliance with the provisions of .Section 3 of the Housing and
Urban Development Act of 1968, as :amended, 12 U.S.C. 1701, the regulations set
forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to
the execution of this Contract, shall be a condition of the federal financial
assistance provided under this Contract and binding upon the COUNTY, the
CITY, and any subrecipients. Failure to fulfill these requirements shall subject the
COUNTY, the CITY, and any subrecipients, their successors and assigns, to those
.remedies specified by the Contract through which federal assistance is provided.
The CITY certifies and agrees that no contractual or other .disability exists which
would prevent compliance with these requirements. The CITY fiu-ther agrees to
comply with these "Section 3" requirements and to include the following language
in all subrecipient contracts executed under this Contract:
"The work to be performed under the Contract is a project assisted under a
program providing direct federal financial .assistance from HUD and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U.S.C. 1701. Section 3 requires that to the greatest extent
feasible opportunities for training and employment be given to lower income
residents of the prof ect area and agreements .for work in corulection with the
project be awarded to business concerns which are located in, or owned in
substantial part by_persons residng_m, the areas of the_project."_ --__T._-._____..____-_~~ -___
The CITY certifies and agrees that no contractual or other disability exists which
would prevent compliance with the requirements.
2. Notifications. The CITY and its subrecipients must send to each labor
organization or representative of workers with which it has a collective bargaining
agreement or other agreement or understanding, if any, a notice advising said
labor organization or worker's representative of its commitments under this
Section 3 clause and shall post copies of the notice i11 conspicuous places available
to employees and applicants for employment or training.
County of Santa Clara '] FY 10/11 County/City Contract
Office of Affordable Housing LG-11-00
Community Development Block Grant Program jnb Revised 8/4/TO
3. Subcontracts. The CITY and its subrecipients will inclL~de this. Section 3 clause
in every contract and will take appropriate action pursuannt to the contract upon a
finding that the sub-subrecipiennt is in violation of regulations issued by COUNTY.
The CITY will not contract with any sub-subrecipient where it has. notice or
knowledge That the latter has been found in violation of regulations under 24 CFR
135 and will not let any contract unless the sub-subrecipient has first provided it
with a preliminary statement of ability to comply with the requirements of these
regulations.
IV. OBLIGATIONS OF C®UNTX
A. Method of Payment. During the term of this Contract, COUNTY will disburse CDBG
funds to CITY on a reimbursement basis, unless otherwise provided herein, for all
allowable costs and expenses incurred in connection with the PROGRAM.
Reimbursement will not exceed the- total sum of Three hundred forty thousand six
hundred twenty-two and 49/100 dollars x$340,622.49) as stated in the fiscal yeax Cash
Control Record document plus all Program Income accrued during the fiscal year.
Reimbursement may be retained,. 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 is 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.
B. In the case of CITY substantial non-compliance prior to exercising any recourse
authorized herein, COUNTY will initiate the following procedure:
Notify the CITY Coordinator in writing of the alleged substantial non-compliance
and request an immediate meeting between CITY Coordinator and COUNTY
OAH Director to resolve issue(s):. If issue(s) is(are) not resolved satisfactorily
within thirty (30) days,. notify CITY Manager in writing requesting an inunediate
meeting between CITY Manager, CITY Coordinator and COUNTY OAH
Director 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 pursuant to VI. C. of this Contract
(CONTRACT COMPLIANCE, Corrective Action Procedure); and
4. If applicable, forward a written report to I3UD's Regional Office detailing the
substantial non-compliance issues and the steps being instituted to correct
performance, copy to the CITY Manager.
County of Santa Clara $ FY 10/11 County/City Contract
Office of Affordable Housing LG-11-00
Community Development Block Grant Program. jnb Revised $/4/10
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
statutes identified in Exbibit "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 recogzuzed Indian Tribal
Goverrunents," and OMB Cixcular A133 "Audits of State and Local Governments."
In addition, COUNTY will comply with Federal Regulations as cited in 24 CFR Part 570,
Subpart J, and 24 CFR Part 85, and all other Local, State-or Federal laws applicable to
this PROGRAM.
'V. PROGI2AI~'Y .C®®RDII~tATY®N
A. The COUNTY Executive has assigned the OAH Director to supervise the progress and
performance required by this Contract. All services performed by COUNTY will be at
the overall direction of the OAH Director.
B. CITY has designated Regina Fal kner to serve as CITY CDBG
Program Coordinator, and City Manager Greg L a rs o n
(or assignee approved by the CITY Council) assumes overall responsibility for the
progress and performance of this Contract. CITY will immediately notify the COUNTY
in v~ri~ting, 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 must be sent to the parties at the following addresses:
COUNTY: Marjorie Matthews, Director
Office of Affordable Housing
County of Santa Clara
County Center at Charcot
2310 North, First Street,. Suite 100
--- --------_ ~_-.T~ .._.~----_-r_ r.`-__-----_~.._
San Jose, CA 95131-.1011
CITY: Town of Los Gatos
Name of CITY
110 E. Main Street
Address of CITY
Los Gatos. CA 95D30
City, State, Z1P
Greg Larson
Name of CITY Manager
County of Santa Clara 9 FX 10/11 County/City Contract
Office of Affordable Housing LG-11-00
Community Development Block Grant Program jnb Revised 8/4/10
All notices must either be hand delivered or sent by United States mail, registered or certified,
postage prepaid. Notices given in such a manner will 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.
~I. CONTRACT COMPLIANCE
A. 1Vlonitoring and Evaluation of Services. Evaluation and monitoring of the PROGRAM
performance is tlxe mutual responsibility of COUNTY and CITY, with the understanding
that HUD looks to COUNTY as the sole responsible party for meeting PROGRAM
requirements. CITY will filrnish dafa, 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
has the right to request the services of an outside agent to assist in any such evaluation.
Such services will be paid for by COUNTY. '
B. Contract Non-compliance. If CITY fails to comply with any provision of this Contract
(24 CFR 85.43 "Enforcement"), COUNTY has the right to terminate this Contract or to
require corrective action to enforce compliance. with such provision. Examples of non-
compliance iziclude but are not limited to:
If CITY (with or without knowledge) 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 j eopardize 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..
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 iii default pursuant to any provision of this Contract.
If CITY makes improper use of COUNTY funds.
If CITY fails to meet all provisions of the COUNTY CDBG Reallocation
Guidelines, or the Joint Powers Agreement currently in full force and effect
between the parties hereto.
C. Corrective Action Procedure. COUNTY, in its absolute discretion and in lieu of
immediately terminating this Contract upon occurrence or discovery of noncompliance
by CITY pursuant to this Contract, will- have the right to give CITY notice of
County of Santa Clara 1 ~ FY 10!11 County/City Contract
Office. of Affordable Housing LG-11-00
Community Development Block Grant Program jnb Revised 8/4/10
COUNTY'S intention to consider corrective action to enforce compliance. Such notice
must indicate the nature of the non-compliance and the procedure whereby CITY will
have the opportunity to participate in formulating any corrective action recormnendation
In the event that CITY does not implement the corrective action recommendations in
accordance with the corrective action timetable, COUNTY may suspend payments
hereunder or terminate this Contract as set forth in .Section VII below.
Once non-compliance is established, the following procedure will be initiated:
COUNTY OAH Director and CITY Manager will negotiate a time frame and
course of action for correcting the non-compliance;
2. CITY will provide COUNTY with a written plan and time frame for correcting
the non-compliance. issue (s). Such plan must be submitted by CITY to
COUNTY withinthirty (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 OAH Director and the
CITY Coordinator (COUNTY, at their .discretion, may extend this time line for
extenuating circumstances);
4. COUNTY will 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 fmdings ofnon-compliance, and subsequent
corrective action, with both the COUNTY Board of .Supervisors and HCTD.
VII. T~RNI7[T~TATIOI~t
A. ~ Termination for Cause. COUNTY may terminate this Contract by providing written
notice stating the date of termination, to CITY for any of the following reasons:
Uncorrected Contract non-compliance as defined in VL B=which has not been
addressed or resolved within the aforementioned corrective action plan time
period;
2. If CITY is in bankruptcy or receivership;
If a member of CITY'S Executive Management staff is found to have committed
fraud in .connection with the CDBG program (termination is applicable only to
that portion of the CDBG program for which the person who committed fraud is
responsible);
4. If there is reliable evidence that CITY is unable to operate the PROGRAM.
County of Santa Clara 11 FY 10/11 County/City Contract.
Office of Affordable Housing LG-11-00
Community Development Block Grant Program jnb Revised 8/4110
B. Termination for Convenence. In addition to the COUNTY'S right to terminate for cause
as set forth in Section VII, either COUNTY or CITY may suspend or terminate this
Contract for any reason upon mutual consent by giving thirty (30) days prior v~~ritten
notice to the other paz-ty. Upon receipt of such notice, performance of the services
hereunder will be immediately discontinued.
C. In addition to the COUNTY'S right to terminate for cause set forth in Section VII,•either
COUNTY or CITY may suspend or terminate this Contract as provided for in 24 CFR
570, at Subpart J "Grant Administration," and/or 24 CFR 85.44 "Termination for
Convenience." Provisions of the Reallocation Guidelines will apply, but maybe adjusted
if termination is for cause.
D. Upon termination, CITY will:
Be reimbursed for all documented allowable costs. and expenses incuzred in
connection with the Project up to the date of such termination. COUNTY shall be
obligated to compensate CITY only for allowable costs and expenses as
determined by an audit or other monitoring method;
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,
if any, in connection with this Contract.. Such materials shall become property of
COUNTY. CITY, however; shall not be liable to COUNTY' S use of incomplete
• materials or for COUNTY' S use of completed documents if used for other than
the services contemplated by this Contract; and
3. 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 COUNTY CDBG REALLOCATION
GUIDELINES.
E. Upon termination of this Contract, CITY will immediately provide COUNTY access to
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. PiTRCHA.SING REAL OR PERSONAL PROPERTY
CITY and COUNTY must comply with 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), v~ith regards to the use and
disposal of Real or Personal Property purchased in whole, or in part, with CDBG funds.
In addition, 24 CFR Part 85 (the Common Rule) includes defznitions which apply to CDBG Real
Property, however, the Common Rule section governing Real Property (.CFR 85.31) DOES NOT
APPLY TO CDBG ACTIVITIES.
County of Santa Clara 12 FY 10/11 County/City Contract
Office of Affordable Housing LG-11-00
Community Development Block Grant Program jnb Revised 8/4•/10.
A. The following defmitions apply to this Contract pursuant to 24 CFR, Part 58
(Common Rule) 85.3: .
1. Equipment means tangible, non-expendable, personal property having a useful life
of more than one year and an acquisition cost of $5,000 or more per unit.
2. Title as defined in detail in 24 CFR, Part 85.32 {a).
3. Use as defined in detail in 24 CFR, Part 85.32 (c)(1).
4. Supplies as defined in detail in 24 CFR, Part 85.33.
5. Procurement, Use and Disposition of Real Property as defined in detail by 24
CFR, Part 57D.503 (Agreements with Subrecipients), 570..505 (Use of Real
Property), and 570..504 (Program Income).
B. Security Document. As a condition precedent to COUNTY ,granting funds for the
purchase of real property or an option to purchase real property, CITY will prepare and
require its siibfecipierit(s) to execute a Loan Agreement, Promissory Note, Deed of Trust
and such other Contracts restricting the use of said real property for purposes consistent
with this Contract, IIUD and CDBG requirements.
C. Grants. If a :grant is provided for the acquisition of real property, CITY will require its
subrecipients(s) to continually operate its Project for a minimum period of six (6) years
from. the effective date of this Contract: This obligation will survive the term of Cities
contract with its subrecipient(s), the assignment or assumption of this Contract and the
sale of the property prior to expiration of the obligation period as set forth in this
paragraph. If this obligation is not fully met, CITY may be required to reimburse the
COUNTY. The COUNTY may consider, but will not be limited by, the following factors
in calculating the reimbursement obligation: initial grant sum; the duration of the initial
contractual obligation to operate the Project versus the actual duration of operation; and
the appreciated value.
D.~__Relocation, Acquisition, and Displacement. CITY agrees. to comply_ with.24_CFR___________
570.60.6 relating to the acquisition and disposition of all real property utilizing CDBG
funds, and to the displacement of persons, businesses, and non-profit organizations as a
direct result of any acquisition of real property utilizing CDBG funds. CITY agrees to
comply with applicable state laws,. County Ordinances, Resolutions, and Policies
concerning displacement of individuals from their residences.
IX. PR®GItAM INCOME
Income generated by the Project is Program Income and shall be regulated by alI provisions of
Title 24 CFR 570 Subpart J "Grant Administration," 570.503 "Agreements with Subrecipients,"
and 570.504 "Program Income." In addition, all provisions of the COUNTY REALLOCATION
GUIDELINES apply to this Contract. CITY must quarterly report all program income generated
County of Santa Clara 13 FY 10/11 County/City Contract
Office of Affordable Housing LG-11-00
Community Development Block Grant Program jnb Revised 8/4/1-0
by activities carried out with CDBG fixnds made available under this Contract.. Byway of
further limitations, CITY may use such income during the Contract term for activities permitted
by this Contract and shall reduce requests for additional funds by the amount of any such
program income balances on hand. All unused program income will be returned to the
COUNTY at the end of the. Contract term with the exception of Rehabilitation Loan payments.
X. INDEPENDENT CONTRACTOR
This is a contract by and between independent contractors and is not intended and will 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 subrecipients, will not have any claim arising from the terms of this
Contract or otherwise against COUNTY for any Social Security, Worker's Compensation, or
employee benefits extended to employees of COUNTY..
XI. ASSIGNABILITY
A. None of the work or services to be performed hereunder may be assigned, delegated or
subcontracted' to third parties without-the prior written approval of COUNTY. Copies of
all third party contracts must 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 sub-contract, the subcontractors, assignees or delegates will be deemed to
be employees of CITY, and CITY will be responsible for their performance and any
liabilities attaching to their actions or omissions..
B. This Contract may not be assumed nor assigned to another CITY, person, partnership or
any other entity without the prior written approval of COUNTY. The use of the word
"employees" in this paragraph is limited solely to activities by those persons described
herein, related to the management acid potential repayment of the program funds provided
for in the Contract. The use of the ternn 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 play be obtained through application forms, interviews, tests, reports from public
agencies or counselors, or any other source: Without the written pezxnission of the applicant,
such information maybe divulged.. only if permitted by law or as necessary for purposes 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 pursuant to this Contract, including
(hose furnishing services for the PROGRAM through approved subcontracts.
County of Santa-Clara 14 FY 10/1.1 County/City Contract
Office of Affordable Housing LG-11-00
Community Development Block Grant Program jnb Revised 8/4/10
XIII. IIOLD NARMT,ESS
In .addition to the indemnity obligations set forth in Exhibit G, "Indeznzury and Insurance
Requirements," CITY must indemnify and hold harmless the COUNTY, its employees, agents,
and officials, members of boards and commissions, froze any and all claims, actions, suits,
charges and judgments whatsoever, with respect to any damages, including attorney's fees and
court costs, arising out of the failure of the CITY's PROGRAM or its subrecipient(s) failure (for
CITY) to comply with applicable laws, ordinances, codes, .regulations and decrees, including
without limitation those set forth in Exhibit E, "Certifications."
. 'V6~AI~IZ OF RI~IiTS Al\TD RIEMJEDIES
In no event will 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 exists will in no way impair or prejudice any right or remedy available to COUNTY
with respect to such breach or default. In no event will 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 from the PROGRAIvI or this
Contract.
~V. _l~®1N~-DISCI2IMII~ATION
CITY will comply with all applicable Federal, State and local laws and regulations including
Santa Clara County's policies concerning nondiscrimination and equal opportunity in
contracting. 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 seq.); and California Labor Code sections 1101 and 1102. CITY will not
discriminate against any subcontractor, employee,. or applicant for employment because of age,
race, colox, 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. Nor will CITY__ ___ _____ _
~_~__ - ~ .
discriminate in provision of services provdedunder this contract 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.
This non-discrimination provision must be included in CITY's cozztracts with its subrecipient(s)
and vendors when utilizing the CDBG funds.
~VI. AMEI~TDMEI~TS
A. Amendments to the terms or conditions of this Contract must be .requested in writing by
an authorized representative of the party desiring amendments, and any amendment will
be effective only upon the mutual agreement in writing of the parties hereto.
County of Santa Clara 15 FY 10/11 County/City Contract
Office of Affordable Housing LG-11-00
Community Development Block Grant Program jnb Revised 8/4/10
Amendments will not invalidate this Contract, nor relieve or release tlZe COUNTY or. the
CITY from its obligations under this Contract.
B. During the Contract term, CITY may choose to transfer funds within the PROGI~M
described in Exhibits "A through D." Fund transfers exceeding $30,000 as well as new
projects added to CITY's PROGRAM, require COUNTY'S approval and may require an
amendment to this Contract.
XVII. 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
will affect or modify any of the terms or obligations:contained in any documents comprising. this
Contract. -
XVIII. NON-SMOKING POLICY
Contractor and its employees, agents and subcontractors, shall comply with the County's No
Smoking Policy,. as set forth in the Board of Supervisors Policy Manual section 3.47 (as.
amended from time to time); which prohibits smoking: (1) at the Santa. Clara. Valley Medical
Center Campus and all County-owned and operated health facilities, (2) within 30 feet
surrounding County-owned buildings and leased buildings where the County is the sole
occupant, and (3) in all County vehicles.
XIX. NiJTRiTIONAL BEVERAGE PROVISION
If CITY provides beverages through COUNTY departments, or at COUNTY programs,
sponsored meetings, sponsored events, or at COUNTY owned/operated facilities, CITY shall not
use COUNTY funds to purchase beverages that do not meet the COUNTY's nutritional beverage
criteria, if applicable. The six categories of nutritional. beverages that meet these criteria~are: (1)
water with no additives; (2) 100% fruit juices with no added sugars, artificial flavors or colors
(limited to a maximum of 10 ounces per container); (3) dairy nulk, non-fat, i% and 2% only; no
flavored. milks; (4) plant derived (i.e.,.rice, almond,. soy, etc.) milks (no flavored milks); (5)
artificially-sweetened, calorie-reduced beverages that do not exceed 50 calories per 12-ounce
container (teas, electrolyte replacements); and (6) other non-caloric beverages, such as coffee,
tea, and diet sodas. These criteria maybe waived in the event of an emergency or in light of
medical necessity.
XX. MISCELLANEOUS
A. The captions and section headings used in this Contract are for convenience of reference
only, and the words contained therein in no way explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Contract.
County of Santa Clara 1( FY 10/11 County/City Contract
Office of .Affordable Housing LG-11-00
Community Development Block Grant Program jnb Revised 8/4/10
B. All exhibits attached hereto and referred to in this Contract are incorporated herein by
this reference as if set forth fully herein. Exhibit "A" (Agency Description), Exhibit "B"
(Project Work Plan), Exhibit "C" (Proposed hnplementation Time Schedule}, Exhibit
"D" (Budget), Exhibit "E" (Certifications}, Exhibit "F" (Assurances), Exhibit "G"
(Insurance), Exhibit "H" (Urban County Rehabilitation Services) if applicable, and.
Exhibit "I" (Contracting Principles Declaration).
C. The persons signing below are duly authorized to execute this Contract.
IN WITNESS WHEREOF, the parties have executed this as indicated below.
CITE' OF: COUl~TY O]F SAlatTA CLA_RA:
By: By.
CITY Manager .Date Ken Yeager, President Date
Board of Supervisors
Print Name
ATTEST: Signed and certified that a copy of this
document has been delivered by electronic
or other means to the President, Board of
Supervisors
ATTEST
CITY Clerk Date Maria Ma~-inos Date
Clerk, Board of Supervisors
APPROVED AS TO FOI2IYI AND APPROVE:® AS TO FOB AND
LEGALITY': LEGALITY:
CITY Attorney Date Miguel Moreno Date
Deputy County Counsel
Print Name
County of Santa Clara 1'] FY 10/11 County/City Contract
Office of Affordable Housing LG-11-DO
Community Development Block Grant Program jnb Revised 814/10
COMI`o!IUNITY DEVELOPMEleTT BLOCK GRAl@TT PROGRAM (F~' 2010/11)
EXHIBITS A - D
AGENCY DESCRIPTIOl~
Project: Housing Conservation Program -Loans Project 1~To.: LG-OS-51
Category: Housing
Agency: Town of Los Gatos 'Sate: (same)
110 E. Main Street
Los Gatos, CA 95030
Regina Falkiier, Commuiuty Services Director
Phone (408) 354-6820
Fax (408) 354-8431
Ernail community@losgatosca.gov
PROJECT GOAL
The Town's Housing Conservation Program (HCP) provides low interest installment loans and.
deferred loans for eligible work items, which include, .home repairs, earthquake retrofit work,
health and safety repairs, aild accessibility modifications. This .project-funds.iiew HCP loans to
income-eligible homeowners in Los Gatos, .
Santa Clara County administers the Town's Housing Conservation Program (HCP), per Exhibit
H of this Contract, "Urban County Housing Rehabilitation Services."
PROJECT OBJECTIVES
Pending approval of a loan by Santa Clara County, provide project allocation funds as loan
capital.
PROPOSED IMPLEIVIEI~TATI01~ TIME SCIIEDULE
_.~ Q~zarter--- _. :-- - -Activities----------~ ----~_~~w__.-~-
Jul. -Sept., 2010 No Activity. ,
Oct. -Dec., 2010 No Activity.
Jan. -Mar., 2011 No Activity.
Apr. -Jun., 2011 Request that Santa Clara County draw down project allocation for
use as loan capital.
BUDGET
Line Item CDBG Budget Amoumt
Loan Capital $87,362.78
COMP2UNITY DEVELOPI~ZENT BLOCK GRANT PROGRAM (FY 2010/11)
EXHIBITS A - D
AGENCY DESCRIPTION
Project:. ADA'Compliance Project - Oalc Meadow Park
Category: Public Service
Agency: Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Regina Falkner, Conununity Services Director
Phone (408) 354-6820
Fax (408) 354-8431
Email coilnnunity@losgatosca.gov
PROJECT GOAL
Project No.: LG-10-41
Site: Oak Meadow Park
Blossom Hill Road
Los Gatos, CA
The. Town's. ADA hnprovements program is part of the Public Facilities Program of the Town's
five-year Capital Improvement Program. Administered by the Town's Parks and Public. Works.
Department, it makes hnprovements to Townproperties to achieve compliance wit11 ADA
standards for public facilities. Any project funds remaining after project completion will be
progranuned to new ADA projects at public facilities.
PROJECT OBJECTIVES
Make improvements to paths in compliance with Aiilericans with Disabilities Act (ADA)
Requirements =include paving an existing dirt/gravel pathway from the parking lot to t11e
restroom facilities at Oak Meadow Park and constnact a paved pathway around the turf area. of
-Oak Meadow Park to provide wheelchair accessibility to the picnic areas and the band stand.
PROPOSED IMPLEMENTATION TIME SCHEDULE
Quarter Activities
Jul.. - Sept., 2010 No activity plazuled for this quarter. -
Sept. -Dec., 2010 Town Council to award construction contract; COllstruct1011 t0
begin.
Jan. - March, 2011 Construction of project to be complete.
April -June, 2011 No activity plaiuied for t11is quarter.
BUDGET
Line Item CDBG Budget
Amount
hnprovements to paths at Oak~Meadow Park $107,643.71
COM1~~UllTITY DEVELOPI4~ENT BUCK GRANT PROGRAM (F~' 2010/11)
E~3IBITS A - D
AGEIOTCY DESCRIPTION
Project: Second Harvest Food Bank -Operation Brown Bag Project No.: LG-11-31
'Category: .Public Service
Agency: Second Harvest Food Bank Site: 208 E. Main Street
750 Curtner Avenue Los Gatos, CA 95030 and
San Jose, CA 95125 Calvary Baptist~Church
Lori Mathis, Coirumunity Program Manager 163330 Los Gatos Blvd.
Phone (408) 266-8866 Los Gatos, CA 95032
Fax .(408) 266-9042
Email lmathis @shfoo db ank. com
PROJECT GOAL
To provide bags of groceries to participants at local distribution sites on a weekly basis.
Nutrition ai7d consumer education programs, a newsletter, volunteer activities, and recognition
events are also provided at the local sites.
PROJECT OBJECTIVES
Provide weekly bags of groceries to qualified Los Gatos residents, hold nutrition and consumer
workshops, produce a quarterly newsletter, hold volunteer recogntion events, provide volunteer
opportunities, and provide information and referrals.
PROPOSED Ili2PLEMENTATION TII~~E SCHEDULE
Ser~~ace JuI. -Sept., Oct. -Dec., Jan. - la'Iar., Apr. - Jurl.,
2010 2010 2011 2011
Average bags of 49 7 7 7
grooeries-per°week~- _ ~__ . - .T..__~._~__-_~__ ~-~_--
Education programs 1 1 1 1
Newsletter issues 1 0 . 1 1
Volunteer opportuiuties 3/150 3/150 3/150 4/150
(volunteers/hours per.
week)
BUDGET
Line Item CDBG Budget Amount
Utilities $4,800
COl~!IMUI\TITY DEV-ELOPMENT' BLOCK GIZA:NT PROGRAM!! (FY 2010/11)
EAHISITS A - D
AGENCY DESCRIPTION
Project: Catholic Charities -Long Tern Care Ombudsman Project No.: LG-11-32
Category: Public Service
Agency: Catholic Charities of San Jose Site: (various)
2526 Zanker Road, .Suite 200
San Jose, CA 95134
Wanda Hale, Program Director
Phone (408) 944-0567
Fax (408) 944-0776
Email whale@ccsj.org
PROJECT GOAL.
This program enables volunteer ombudsmen to receive, investigate, and resolve complaints made
by, or on behalf of, long tern care facility residents. It provides for regular site visits. by staff
gild certified volunteers to facilities, where face-to-face contact is made with individuals at risk
for isolation, exploitation, personal rights violation, and abuse.
PROJECT OBJECTIVES
Provide ombudsman presence,. advocacy, complaint investigation, and community education.
Provide information and referral, recertification and retraining of volunteers, certification .
traiiung for new volunteers, and witness Advanced Health Care Directives.
PROPOSED IMPLEMENTATION TIME SCHEDULE
Ser~~ice Jul. -Sept.,
2010 -Oct. -Dec.,
~ ~ 2010 Jan. -Mar.,
2011 Apr. -Jun.,
2011.
Personal contacts ~~~itl1
unduplicated residents 110 110 110 110
Site visits 33 33 33 33
Complaint investigations 10 10 10 10
Community Presentation 0 0 0 1
BUDGET
Line Item CDBG Budget Amount
Salaries $7,37.0
COl~Zl~~IUNIT~' DEVELOPI!!IENT BLOCK GRANT PIZOGRAI~2 (F~' 2010/11)
EXHIBITS A - D
AGENCY' DESCRIPTION
Project: Live Oak Adult Day Services -Adult Day Care
Category: Public Service
Agency: Live Oak Adult Day Services
1147 Minnesota Avenue
San Jose, CA 95125
Colleen Hudgen, Executive Director
Phone (408) 971-9363
Fax (408) 971-9079
Email liveoak@attglobal.net
PROJECT GOAL
Project No.: LG-11-33
Site: 111 Church Street,
Los Gatos, CA 95030
To provide age-appropriate social and recreational activities, exercise, .meals (breakfast and
lunch), and attention front 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 OBJECTIVES
Provide adult social day care to flail elderly Los Gatos.residents; provide days of respite to
caregivers of those residents; provide both breakfast and noon meals to day care clients; provide
staff consultation, counseling, and assessments for clients; hold in-service community education
programs; and provide referral and outreach as needed.
PROPOSEI? II1'IPLElWIENTATION TIl~~IE SCHEDULE
___.___--Service ___ _'---~_ ..Jul.--=Sept.-Z0~ O- --Oct: - sec-2010...- _-Jan. lYlar: 20-11 Apr: -Jun: 2OJl-
Days of adult day
care 350 350 350 350
Days of caregiver
respite 35'0 ~ 350 350 350
Noon meals 350 350 350 350
Breakfast meals 350 350 350 350
BUDGET
Lane Item CI?BG Budget Amount
.Salaries $12,470
COMMUNITY DEVELOPl~'IENT BLOCK. GRANT PROGRAp'I (FY 2.010/11)
EXHIBiTS A - D
AGENCY DESCRIPTION
Project: ADA Compliance Project -Pageant Park Path Project No.: LG-11-41
Category: Public Sei-~~ice
Agency: Town of Los Gatos ~ Site: Pageant Parlc
1'10 E, Main Street behind 110 E. Main Street
Los Gatos,. CA 95030 Los Gatos, CA
Regina Falkner, Coirununity Services Director
Phone (408) 354-682.0
Fax (408) 354-8431
Email community@losgatosca.gov
PROJECT GOAL
The Town's ADA Improvements program is part of the Public Facilities Program of the Town's
five-year Capital Improvement Program. Administered by the Town''s Parlcs ai7d Public ~~orks
Department, it makes. improvements to Town properties to. achieve compliance with ADA
standards for public facilities. Ai1y project funds remaining after project completion will be
prograiruned to new ADA projects at public facilities.
PROJECT OBJECTIVES
Relocate the existing HVAC equipment adjacent to Pageant Park and construct site.
improvements to ei~llance pedestrian and ADA access from the i~,ew Library to Pageant Park and
the Civic Center.
PROPOSED IMPLEMENTATION TIME SCHEDULE.
Quarter Activities
Jul. - Sept.; 2010 Town Council to award design contract.
Sept. -Dec., 2010 Design of project in process.
Jan. - March, 2011 Design work to be completed.
April -June, 2011 No activity plaiu~ed for t1~is quarter.
BUDGET
Line Item CDBG Budget
Amount
Improvements to Pageant Park $92,976.00
CQl~%El~~IUNITY DE~ELOPNIENT BLACK GRANT PROGRAM (F~' 2010/11)
EXHIBITS A - D
AGE~TC~' DESCIt1PTION
Project: Urban County Rehab Services Project No.: LG-11-53
Category: .Housing
Agency: County of Santa Clara Site: (various)
Office of Affordable Housing
Housing and Community Development Program
1735 North First Street, Suite 265
San-Jose, CA 95112 '
Marjorie Matthews, Director
Phone (408) 44.1-4258
Fax (408) 441-0365
PIZ®JECT GOAL
Santa Clara County administers the Town's .Housing Conservation Program (HCP), per Exhibit
H of this Contract, "Urban County Housing Reliabilitation Services," The HCP provides low
interest installment loans, deferred loans, and grants for. eligible work items, wlich include:
home repairs, earthquake retrofit work, health and safety repairs, and accessibility modifications.
PROJECT OBJECTIVES
.Perform County'sresponsibilities as listed in Exlvbit H to this Contract, "Urban County
Rehabilitation Services."
PROPOSED II9'IPLEI~!IENTATI®N TIMF, SCI3EDULE
Quarter Activities
Jul. -Sept,,-2010 Perfoi7n County's responsibilities as listed in E~libit H to tlis
f Coii~ract;-``Urban-County Relabilitaton~Se=vices:"LL -"--
Oct. -Dec., 2010 Perforn Comity's responsibilities as listed in Exhibit H to this
Contract, "Urban County Rehabilitation Services."
Jan. -Mar., 2011 Perform County's responsibilities as listed in Exhibit H to this
Contract, "Urban County Rehabilitation Services."
Apr. -Jun,, 2011 Perform County's responsibilities as listed in Exhibit H to this
Contract, "Urban County Rehabilitation Services."
BUDGET
Line Item CDBG Budget Amount
Salaries $13,000
COI!'I112UNITY DEVELOPMENT BLOCK GRANT PROGRAl1Z (FY 2'010/11)
EXHIBITS A - D
AGENCY DESCRIPTION
Project: General Adn~iiustration Project No.: LG-11-91
Category: Housing
Agency: Town of Lo.s Gatos Site: (salve)
110 E. Main Street
Los Gatos, CA 95030
Regina Fallcner, Coirununity Services Diiector
Phone (408) 354-6820
Fax (408) 354-8431
Eimail coirununity@losgatosca.gov
PROJECT GOAL
Admiiuster funding and imonitor service delivery of all CDBG-funded programs and projects for
the Town of Los Gatos..
PROJECT OBJECTIVES
Coordinate aiulual allocation of CDBG funds, establish aiulual City/County CDBG contract,
establish and moiutor funding contracts with nonprofit agencies, receive and review quarterly
deliverables from nonprofit agencies, coordinate disbursemment of CDBG funds to nonprofit and
Town projects, prepare 4 quarterly deliverables to Santa Clara County HCD, attend Urban
County Staff mmeetings, and respond to inquiries for information.
PROPOSED IMPLEMENTATION TIME SCHEDULE
Quarter Activities
Jul. -Sept., 2010 Review quarterly deliverables fiom nonprofit agencies.
Prepare and sign aiulual City/County Contract.
Establish funding contracts with nonprofit agencies.
Coordinate disbursement of CDBG funds.
Prepare quarterly deliverable to Sailta Clara County HCD.
Attend Urban County Staff meetings, as scheduled.
Respond to inquiries for information, as received.
Oct. -Dec., 2010 Review quarterly deliverables. from nonprofit agencies.
Coordinate disburseivent of CDBG funds.
Prepare quarterly deliverable to Santa Clara County HCD.
Attend Urban County Staff meetings, as scheduled.
Respond. to inquiries for information, as received.
Jan. -Mar., 2011 Coordinate arulual allocation of CDBG funds.
Review quarterly deliverables from nonprofit agencies.
Coordinate disbursement of CDBG funds.
Prepare quarterly deliverable to Santa Clara County HCD.
Attend Urban County Staff meetings, as scheduled.
Respond to inquiries for information, as received.
Apr. -Jun., 2011 Coordinate annual allocation of CDBG funds.
Review quarterly deliverables from nonprofit agencies.
Coordinate disbursement of CDBG funds.
Prepare quarterly deliverable to Santa Clara County HCD.
Attend Urban County Staff meetings, as scheduled.
Respond to inquiries for information, as received.
BUDGET
Line Item CDBG Sudget Amount
Salaries $15.,000.00
EXI-IIBIT E
q~~~.~~~ ~ o~~
C7~` ~ ~~
~ ~ PAP ~~ ~
.~~ ,~~
fatany etertianfs of Phis document may be compieted
etectronicaFly, howevo.r a signature must be manuatty applied and the
document must be submitted in paper form to 'the Meld t~ffice.
N®N-STATE GO'V~RfVt~lC=1VT C~RTI~ICA'i'I011IS
In accordance with the applicable statutes and the regulations governing the
consolidated-plan regulations, the jurisdiction certifies that:
Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which
means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take
appropriate actions to overcome the effects of any impediments identified through that analysis, and
maintain .records reflecting that analysis and actions in this regard.
Anti-displacement and Reiocation Plan -- It will comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential
antidisplacement and relocation assistance plan required under section 104(d) of the Housing and
Community Development Act of 1974, as amended, in connection with any activity assisted with funding
under the CDBG or HOME programs.
Drug-Free Workplace -- It will or will continue to provide adrug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or'use of a controlled substance is prohibited in the grantee's workplace and specifying
the actions that will betaken against employees for violation of such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about.-
a. The dangers of drug abuse in the workplace;
b. The grantee's policy of maintaining adrug-free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon emplogees for drug abuse violations occurring in the
workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant be given
a copy of the statement required by paragraph.i;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment
_-.___.under_th.e_gra.nt,_the~~,ployee 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 drug statute
occurring in the workplace no later than five calendar days after such conviction;
5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph
4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide. notice, including position title, to every grant officer or other
designee on whose grant activity the convicted employee was working, unless the Federal agency has
designated a central point for the receipt of such notices. Notice shall include the identiFcation
number(s) of each affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph
4(b), with respect to any employee who is so convicted -
a. Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
7. Making a good faith effort to continue to maintain adrug-free workplace through implementation of
paragraphs 1, 2, 3, 4, 5 and 6.
CPMP Non-State Grantee Certifications •1 1~ersion 1.3
COUNTY O.F SANTA CLARA
Anti-Lobbying -- To.the best-,of the.jurisdiction'sknowledge and. belief: --
8. No Feder"al:appropriated.funds:have been paid or will; be laid; by or on behalf of it, to any `.,
person forinfluercing oratternpting to influence an off cer'or`employee of any~agency, a Member
of Congress, an officer or employee of Congress, or an employee-,of a Member of Congress.
in connection with the awarding of.any Fede(al contract, the making of any. Feder-al grant, thb making
of any Federal loan, the entering into of any cooperative .agreement,. and. the extension,
continuation, renewal;_amendment,_or,modiFcatlon of any Federal contract, grant, loan, or
cooperative agr`eemeht; ~ `
9. If any funds other than'FederaF°appropriated funds have been paid or will be paid to any
person for influencing•or-attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or.employee of Congress, or an employee of a Member of Congress in connection
with this Federal. contract, grant, loan, or cooperative agreement, it will complete and submit
Standard Form-LLL, "Disclosu`re Form to Report Lobbying," in accordance with
its instructions; and - -
10. It will require that the.language of paragraph 1 and 2 of this anti-lobbying certification be
included in the award documents for ail subawards at all: tiers (including: subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all
subrecipfents shall certify and disclose accordingly.
Authority of Jurisdiction -- The consolidated plan is authorized -under State -and local law (as applicable)
and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding,
in accordance with applicable HUD regulations.
Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA
funds are consistent with the strategic plan.. .
Section 3 -- It will comply with: section 3 of the Housing. and Urban Development Act of 1968, and
implementing regulations at 24 CFR Part 135, ~--
Signature/Authori
Name
Count Executive
Title
70 West Heddin Street
Address
San. Jose CA 95110
City/State/Zip
408 299-51Q2
Telephone Number
1~
Date
CPMP Non-State Grantee Certifications 2 Version 1.3
Jeffre V. Smith
COUNTY OF SANTA CLARA
specific Cf3t3~ Certifi'~a~i'ons
The Entitlement Community certifies that: '
Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that
satisfies the requirements of 24 CFR 91.105.
Carnmunity Development Plan -- Its consolidated housing and commun[ty development plan identifies
community development and housing needs and specifies both short-term and long-term community
development objectives that provide decent housing, expand economic opportunities primarily for persons
of low and moderate income. (See CFR 24 570.2 and CFR Z4 part 570)
Following a Ptan -- It is following a current consolidated plan (or Comprehensive Housing AFfordability
Strategy) that has been approved by HUD.
Use of Funds -- It has complied with the following criteria:
11. 1~1aximum Feasible Priority -With respect to activities expected to be assisted with CDBG funds, it
certifies that it has developed its Action Plan so as to give maximum feasible.priority to activities
which benefit low and moderate income families or aid in the prevention or elimination of slums or
blight. The .Action .Plan .may also include activities which the grantee certifies are designed to -meet
other community development needs having a particular urgency because existing conditions pose a
serious and immediate threat to the health or welfare of the community, and other financial resources
are not available);
12. Overall Benefit -The aggregate use of CDBG funds including section 1D8 guaranteed loans during
program year(s) ZO1D, 2_, 2_, (a period specified by the grantee .consisting of one, two, or three
specific consecutive program years), shall principally benefit ,persons of low and moderate income in a
manner that ensures that at least 70 percent of the amount is expended for activities that benefit
such persons during the designated period;
13. Special Assessments - It will not attempt to recover any capital costs of public improvements assisted
with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against
.properties-owned and occupied by persons of low and moderate income, including any fee charged or
assessment made as a condition of obtaining access to such public improvements.
However, if CDBG 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 CDBG funds) financed fi-om other revenue
_________________sources,~an assessment or charge.may be_m~de against the_pr_operty__wth..r_espect.to~.the._publc_ ________.___.
improvements financed by a-source other than CDBG funds.
The jurisdiction will not attempt to recover any capital costs of public improvements assisted with
CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or
assessment attributable to the capital costs of public improvements financed from other revenue
sources. In this case, an assessment or charge .may be made against the property with respect to the
public improvements fnanced by a source other than CDBG Funds. Also, in the case of properties
owned and occupied by moderate-income (not low-income) families, an assessment or charge may be
made against the property for public improvements financed by a source other than CDBG funds if the
jurisdiction certifies that it lacks CDBG funds to cover the assessment.
Excessive Force -- It has adopted and is enforcing:
14. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction
against any. individuals engaged in non-violent civil rights demonstrations; and
15. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from
a facility or location :which is the subject of such non-violent civil rights demonstrations within .its
jurisdiction;
CPMP Non-State Grantee Certifications 3 Version 1.3
COUNTY OF SANTA CVaRA
Compliance With Anti discrimination laws -- The grant will be conducted and administered {n
conformity. with title VI of tfie Civil Rights Act of 1964 (42 USC 2000d), the Fair Mousing Act (4Z USC
3601-3619), and implementing. regulations.
Lead-Based Paint -- Its activities concerning lead-based paint will comply with the requirements of
part 35, subparts A, B, J, K and R, of title 24;
Compliance with Laws -- It will comply with applicable laws.
Signature/Authorized a Date
Jeffre V. Smith
Name
Coun Executive
Title
70 West Neddin Street
Address
San Jose CA 95110
City/State/Zip
..408 299-51D2
Telephone Number
CPMP Non-State Grantee Certifications 4 Version. 1.3
COUN"il' OF SANTA CLA12A
.~PP1=l~DIX 7'O CERT~FIC;~TIOf~~
Instructions Concerning Lobbying and .Drug-Free Workplace Requirements
Lobbying Cericification
This 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 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
Drug-Free Irllorlcpiace Certification -
1. , ay signing and/or submitting this application or grant agreement, the grantee is providing the
certification. '
L. The certification is a material representation of fact upon which reliance is placed when the agency
awards the grant. If it is later determined that the grantee knowingly rendered a false certification,
or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to .any other
remedies available to the Federal Government, may take action authorized under the Drug-Free
Workplace Act. _ ____, . _ ~.-..- -..-. •-.-,
3. Workplaces under grants, for grantees other than individuals, need not be identified on the
certification. If known, they may be identified in the grant application. If the grantee does not identify
the workplaces at the time of application, or upon award, if there is no application, the grantee .must
keep the identity of the workplace(s) on file in its office and make the information available for
Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's
drug-free workplace requirements.
4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other
sites where work under the grant takes place. Categorical descriptions may be used (e,g., all vehicles
of a mass transit authority or State highway department while in operation, State employees in each
local unemployment office, performers in concert halls or radio stations).
5. If the workplace identified to the agency changes during the pertormance of the grant, the grantee
shall inform the agency of the change(s), if it previously identified the workplaces in question (sae
paragraph three). •
6. The grentee may insert in the space provided below the site(s) for the performance ofi work done in
connection with the specific grant: Place of Performance (Street address, city, county, state, z(p code)
Check if there are workplaces on file that are not identified here. The certification with regard to the
drug-free workplace is required by 24 CFR part Z1'.
Place Fame Street Cit Count State ~i
County Government Center
_ _- ~.-~~.______-------- 70 West Hedding
St. "_----------- San Jose
~-_~.-- Santa Clara
----------- CA
___._. 95110
_ _.
OfFice of Affordable Housing 23.10 N. First 5t.;
Suite 100 San .lose Santa Clara CA 95131
7. Defihitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-.Free
Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the
following definitions from these rules: "Controlled substance" means a controlled substance in
Schedules I through V of the Controlled •
Substances Act (21 U.S.C. 812) and as further defined by regulation (Zi CFR 1308.1.1 through
1308.15); "Conviction" means a finding of guilt (including a plea of polo conCendere) or imposition of
sentence, or both, by any judicial body charged with the responsibility to determine violations of the
CPMP IVon•-State Grantee Certifications i0 Version i.3
COUNTY OF SANTA. CIARA
Federal or State. criminal drug-statutes; "Criminal drug statute" means a' Federal or non-Federal
criminal statute involving the manufacture, distribution, dispensing, use, or possession_ of any
controlled substance; "Empioyee`~ means the employee of a grantee directly ehgaged m-the
perforrnance'of work under a gra~nt;_including: _
:...
a. P;II "direct charge" employees;
b. all "indirect charge" employees unless their impact or involvement is insignificant to the.
performance of the grant; and
c. temporary personnel and consultants who are d(rectly:engaged_ in the performance of work under
the grant and who are on the grantee's payroll. This defihition 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 vrorkplaces).
Note that by signing these certifications, certain documents must completed, in use, and on file for
veriFication. These documents include;
1. Analysis of Impediments to Fair Housing
2. Citizen Participat(on Plan
3. Anti-displacement and Relocation Plan
Signature/Authorized
JefFre V. Smith
Name
Coun Executive
Ti tl e
70 West Heddin Street
Address
San Jose CA 95110
-City/State/Zip
408 299-5102
Telephone Number
Date
CPMP Non-State Grantee Certifications 11 Version 1.3
EDIT ~
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 OIvLB Circulars. Specifically CORPORATION
gives assurances and certifies with respect to the PROGRAM that it is compliant with the
following Regulations as defined by 24 CFR, Part 570, Subpart J; 24 CFR, Pax-t 570, Subpart K;
and will be conducted and administered in conformity with "Public Law 88.352 and Public Law
90-2$4. Full text of the regulafio~as can be located at: http://www.gpoaccess.gov/cfr/irzdex.htnal
1. 570.505. Use of Real Property
2. 570.506. Records to be l~Iaintaizzeci
3. 570.508. Public Access to Public Records
4. 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 1, 07.
5. 570.602. Section 109 of the Act addresses discrimination
6. 570.603. Labor Standards
7. 570.604. Environmental Standards
8. 570.605. National Flood Insurance Program
9. 570..606. Ilisplaceznent, Relocation, Acquisition, and Replacement of ffousigg.
10. 570.607. Emplo3~nent and Contracting OppQ
11. 570.608. Lead-Based Paint
12. 570.609. Use of T~ebarred, Suspended, or IneIzgble Contractors or Subrecipients
13. 570.610. Uniform Adm~istrative Requirement and Gast 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 Governmezits-implemented at 24 CFR,
Part 24}, and A-133 (Audits of Institutions of Higher Education and Other Non-Profit
EY,HIBIT F - ASSUR,4NCES ~[ REVISED 8/24/06
Institutzons), as applicable, as they relate to the acceptance and use of Federal fi~.nds under
this part. The applicable sections of 24.CFR, Part 8S and OMB Circular A-100 are set
forth at 570.502.
14. 570.611. Conflict of Interest
15. 570.612. Egecutive.Order 12372 allows States to establish its owi~ 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.
16. 570.613. Eligibility Restrictions for Certain Resident Aliens
17. 570.614. Architectural Barriers Act and the Americans with Disabilities Act
EXHIBIT F - ASSURANCES ~ Z REVISED 8-24-061t
S: I CDBG_` HOME
~X~IT ~
INDEI~~ITY AND INSURANCE REQUIREMENTS FOR
STANDARD CONTRACTS ABOVE $100;000
Indemni
The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter
"County"}, its officers, agents and employees from any claim, liability, loss, injury or damage
arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents,
employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence
or willful misconduct of personnel ezriployed by the County. It his the intent of the parties to this
Agreement to provide the broadest possible coverage' for the County. The Contractor shall
reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to
any litigation in wluch the Contractor is obligated to indemnify, defend and hold .harmless the
County wider this Agreement.
Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and
maintain at its own. expense, during the teen of this Agreement, or as may be further required
herein, the following insurance .coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of
Insurance certifying that coverage as required herein has been obtained. Individual
endorsements executed by the uzsurance carrier shall accompany the certificate. In addition,
a certified copy of the policy or policies shall be provided by the Contractor upon request.
This verificatian of coverage shall be sent to the requesting County department, unless
otherwise directed. The Contractor shall not receive a Notice to Proceed with the work
under the Agreement until it has obtained .all insurance required azid such insurance has been
__ _-_.-__~_ .-approved b_y_ he_County_. This-_ approval .of_ insurance shall-neither-relieve--nor-.decrease-:the---- ----
liability of the Contractor.
B. (qualifying Insurers ,
A11 coverages, except surety, shall be issued by companies which hold a current policy
holder's alphabetic and financial size category rating of not less than A- V, according to the
cw-rent Best's Key Rating Guide or a company of equal financial stability That is approved
by the County's Insurance Manager.
EXHIBIT B-2 (revised} (HCD-0}
Rev. 7/30/02
E~EIIBTT G
C, Notice of Cancellation
All coverage as required herein sha11 not be canceled or changed so as to no longer meet
the specified County insurance requirements without 30 days' prior ~n~ritten notice of such
cancellation or change being delivered to the County of Santa Clara or their designated
agent.
D. Insurance Required
1. Commercial. General Liability :Insurance - for bodily injury (including death) and
property damage which provides limits as follows: -
a, Each occurrence _ - $1,000,000
b. General aggregate - $2,000,000
c. Products/Completed Operations aggregate - $2,000,000
d. Personallnjury - ~ $1,000,000
2. General liability coyerag}e shall include;
a. Premises and Operations
b. Products/Completed
c. Personal Injury liability
f. Severability of interest
3. General liabili coverage shall include the following endorsement, a copy of which
shall be provided to the County:
Additional Insured Endorsement, which shall read:.
``County of Santa Clara, and members of the Board of Supervisors
of the County of Santa Clara, .and the officers, agents, and
employees of the County of Santa Clara; individually and
collectively, as additional insureds."
Insurance afforded by the additional insured endorsement shall apply as primary
insurance, and other insurance maintained by the County of Santa Clara, its
2
EXHIBIT B-2 (revised) (HCD-O)
Rev. 7/30/02
EX1=I~BIT ~
officers, agents, and employees shall be excess only and not contributing with
insurance provided under this policy. Public Entities may also be added ~to the
additional insured endorsement as applicable and the contractor shall be notified by
the contracting department of These requirements.
4: Automobile Liability Insurance
For bodily injury '(including death) and property damage which provides total limits
of not less than. one million dollars ($1,000,000) combined single limit per
occurrence applicable fo. all owned, non-owned and hired vehicles.
5. Workers' Compensation and Employer's Liability Insurance
a. Statutory California Workers' Compensation coverage including bro;ad form
all-states coverage.
b. Employer's Liability coverage for not less than one million dollars
($1,000,000)- per occurrence.
E. Special Provisions
The followizlg provisions shall apply to this Agreement:
The foregoing requirements as to the types and limits of insurance coverage to.be
maintained b'y the Contractor and any approval of said insurance by the County or
ifs insurance consultant(s) are not intended to and shall not in any manner limit or
qualify the liabilities and obligations otherwise .assumed by the Contractor pursuant
to this Agreement, including but not limited to the provisions concerning
indemnification.
2. The County acknowledges that some insurance requirements contained ill-this
_--_--_-------_--------_-_Agreement_may_-b-e--fulfilled_by self-insurance-on-the_part-of-the-Contractor------ __.__
However, this shall not in any way limit liabilities assumed by the Contractor under
this Agreement. Any self-insurance shall be approved in s~~riting by tl~e County
upon satisfactory evidence of financial capacity. Contractors obligation hereunder
inay be satisfied in whole or in part by adequately funded .self-insurance programs
or self-insurance retentions.
3. Should any of the work under this Agreement be sublet, the Contractor shall require
each of its subcontractors of any tier to carry the aforementioned coverages, or
Contractor may insure subcontractors under its own policies.
4. The County reserves the right to withhold payments to the Contractor in the event
of material noncompliance with the insurance requirements outlined above.
EXHIBIT B-2 (revised) (HC17-0)
.Rev. 7/30/02
EXHIBIT I-I
URBAN COUNTY HO~EJSING REHABILITATION SERVICES
1. PROGRAM OBJECTIVE
The County of Santa Clara and the City/Town will assist qualified low-income individuals of
single-family, owner~occupied homes with housing rehabilitation services with the objective
of improving the housing stock in each City/Town. Housing rehabilitation loans are offered.
to low-income property owners to enable them to improve their properties, bring theirs up to
current buildrng codes, address health and safety issues, and contribute to neighborhood
preservation.
The County is responsible for the-administration of the Housing Rehabilitation Program in
conjunction with the City/Town. The County's administrative services 'include all aspects of
loan origination, and on=going -loan servicing through the term of the loan, and the
construction process for rehabilitating homes.
2. SERVICES PRO'VII)ED BY THE COUNTY
a. Application Process
1) Review client (s) applications. Verify that the client owns .and occupies the
.property and that the property is located in a participating City/Town.
2) Make a preliminary detei~nination regarding income eligibility in, accordance with
the .most current income guidelines established by the Federal Department of
Housing and Urban Development (T-IUD) for the County..
3) Continue to process the application, order credit acid preliminary title reports, and .
conduct a Minor Rehabilitation Environmental Review of the project in accordance
with the National Environmental Protection Act (NEPA) requirements of the as
applicable.
- -- -- --~~---~-----' 4)- -Prepareof list of code deficiencies and preliminary cost estimate of project.
b. Approval Pi ocess
1) Schedule and meet with the County Housing Loan Committee to discuss client's
application, income status, and proposed/estimated scope of work. The County
Housing Loan Committee will make the decision to approve or deny each project
and set the loan terms for each project.
2) Advise clients of the final decision regarding the status of their applications and
their, proposed loan terms. Current County of Santa Clara Housing Loan
Committee Policies and Procedures are on file at the Office of Affordable Housing,
and are available for review during business hours.
County of Santa Clara FY 06/07
Office of Affordable Housing County/City Contract
Communit}~ Development Block Crrant Program Eachibit H
c. Construction Process
1) Inspect property to assist clients in assessing and deciding on needed property
improvements to bring. the property into minimum Housing Quality Standards and
conformance with applicable building and housing codes,
2) Prepare a "scope of work" detailing the proposed work items and cost estimates
and review the scope of worlc with the client,
3) Invite licensed contractors to subrrrnit written bids based on the approved scope of
work, Review bids with clients and assist clients in selecting the bidder. Verify
that selected bidder complies with all insurance and licensing requirements.
4) Assist clients. in finalizing. owner's construction contract with contractor and
authoz7ze commencement of work. Review construction work in progress for
compliance with project specifications and conformity to all applicable codes for
formal inspection by local. building officials. Authorize, with property owner's
approval; change orders and progress payments to contractor for up.to 90% of
contract price, ,
5) Perform final inspections,- review mechanic lien releases, contractor's affidavit,
applicable warranties or guarantee issues with client, and any manufacturer's
informational materials. Authorize final payment (retention) to contractor 35 days
after recordation of the ~?otice of Completion and verification that no unreleased
mechanic's liens have been recorded.
d. Loan Documents
1) Prepare all loan documents for signature and recordation as appropriate, including
but not limited to: Deed of. Trust; Promissory Note; Notice of Right to Cancel;
Truth in Lending Disclosure .Statement; Request for Notice of Default; Ownex
Participation Agreement; Certification of Trust; Deeds ofReconveyance; and the
project's Notice of Completion.
2) Set up a loan portfolio of all Housing Rehabilitation Program loans in the County
loan database, monitor balances, and mail required financial statements. to client(s).
e. Project Completion
1) Provide client with a Dousing Rehabilitation Program evaluation questionnaire for
completion to return to the Office of Affordable Housing (OAH). The OAH will
forward a copy.to the Cty/Town. Record the Notice of Completion and check for
liens recorded .against the property,
2) Clarify any warranty or guarantee issues with the client.
County of Santa Clara 2 FY 06/07
Office of Affordable Housing County/City Contract
Community Development Block Grant Program Exhibit H
f. Cn-going 1Vlonitoring
3.
Maintain client file, ensure client's ongoing adherence to hazard insurance
requirements, issue final letter to client documenting all rehabilitation costs, change
orders, final loan amount, and servicing of the loan.
g. Reporting
1) Provide the .City/Town with quarterly reports of the individual project loan
expenses and fund balance in each City/Town Revolving Loan Fund account and
.whenever the County requests a transfer of additional funds for new rehab loans.
2) Provide the CitylTown with written summary quarterly reports including financial
data on project accomplishments.
h. Discontinuance of Services
If County is unable to :provide the services described in this.Exhibt H at any
time during the-term of this Contract, City/Town and County agree to negotiate
regarding a possible refund of fees paid by City/Town as referenced below.
FEES F®R SERVICES
a. Initial Administration Fee
Upon execution of the CDB G County/City Contract the City/Town will remit an initial
administration fee in the sum of 13 000 to the County Office of Affordable Housing
to be applied towards housing rehabilitation administrative costs for two (2) new
housing rehabilitation projects.
b. Subsequent Administration Fee
For each additional housing rehabilitation project completed; signified by a recorded
Notice of Cornpletion, the sum of $6,500 will be paid to the County upon an invoice
from the County to`the City/Tov,~n.
c. Projects Not Completed
For any project terminated by the client prior to the issuance of the Notice to Proceed
(NTP) bythe County, a sum in the amount of X2,000 will be paid to the County upon
an invoice from the County to the City/Town. Tf a project is terminated by the client
after the NTP is issued, the City/Town shall remit the full project cost of $6,500 to the
County.
County of Santa Clara 3 FY 06/07
Office of Affordable Housing County/City Contract
Community Development B lock Grant Program E3:tiibit H
d. Loan Ser~~icing Fee
For each existing housing. rehabilitation loan the County agrees. to accept as a transfer
from the City/Town and perform ongoing loan servicing tl-~roughout the term of the
loan, a sum in the amount. of 1100 will be paid to the County upon an invoice from
the County to the City/Town.
4. ..FISCAL RESPONSIBILITIES
a. County will maintain an individual revolving loan fund for each City/Town:
b. All ``program income" generated from loan payoffs will be deposited, accounted
for, and tracked individually for each .City/Town and will fund future Housing.
Rehabilitation Program projects only in the respective City/Town.
5. SERVICES PROVIDED BY THE. CITY/TO'WN
a. Distribute Housing Rehabilitation brochures or flyers to various locations frequented
by the general public.
b. - Publish an advertisement (eg. print, radio, television) at least four times annually
informing the residents of the existence of the Housing Rehabilitation Program, its
basic eligibility requirements, and how to contact the program staff.
c. Refer prospective clients who appear to meet basic program criteria to the Housing
Rehabilitation Program.
d. Report results. of outreach efforts to.the County on a quarterly basis.
e. Pay the County invoices with in thirty days of receipt.
County of Santa Clara 4 FY 06/07
Office of Affordable Housing. County/City Contract
Convnunity Development Block Crrant Program Exhibit H
~~~bi~ I
. (To be completed by all Type I and Type If contractors}
~ This is a Type I service contract under the -Board of Supervisor's
Resolution of Contracting Principles.
If this box~is checked, please complete the following:
Type I Category: __. _~ec~t~ar~ (t.Ce6
explanation: _ ~antract with ether taublic a~encieao:
^ -This is a Type II contract under the Board of Supervisor's Resolution
on Contracting Principles.
The contractor currently has other Gounty contracts for the same or similar -.
services:
^ Yes ~] No
If 'des is checked, please List and describe contracts, names of
departments, types and dollar amounts.
am authorized to complete this farm 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.
Contractor Signature.:
Name: Greg Larson
Title.: _ Town Manaaer
?ate:
Updated: 10/4/2006
CONTRACT PROVISIONS. TO IMPLEMENT THE TERMS OP THE
RESOL~fJTION 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 ofSupervisors on Qctober. 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 rulea,~regulations, and laws.
b. Contractor-shall maintain financial records aclegixate to show that County
funds paid under the,contract were used for purposes consistent with the-terms of the
contracts.. 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
ground of non compliance with this Section, and the opportunity to respond and
discuss the County's intended action.
Attachment 2
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