2005-115 - Authorizing The Town Manager To Execute The Fiscal Year 2005/06 Community Development Block Grant City - County Contract Between The County Of Santa Clara And The Town Of Los Gatos And Delegating Authority To Execute Contracts For Fy 2006/07 AnRESOLUTION 2005 - 115
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE THE FISCAL YEAR 2005/06
COMMUNITY DEVELOPMENT BLOCK GRANT CITY - COUNTY CONTRACT
BETWEEN THE COUNTY OF SANTA CLARA
AND THE TOWN OF LOS GATOS
AND DELEGATING AUTHORITY TO EXECUTE CONTRACTS FOR
FY 2006/07 AND FY2007/08
WHEREAS, the Town of Los Gatos participates in the County Cooperative
Community Development Block Grant Program; and
WHEREAS, the Town entered into a Joint Powers Agreement and Cooperation
Agreement with the County of Santa Clara to undertake, or assist in the undertaking of, essential
activities pursuant to Title I of the Housing and Community Development Act of 1974, as amended,
for Fiscal Years 2005 - 2008; and
WHEREAS, this Joint Powers Agreement enables the County of Santa Clara to apply
for and receive entitlement funds as an Urban County and establishes the respective right and
obligations of contracting parties, including the Town of Los Gatos, to such funds; and
WHEREAS, the United States Department ofHousing and Urban Development also
requires the County of Santa Clara and participating cities to enter into individual, annual contracts;
and
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS
GATOS DOES HEREBY RESOLVE THAT THE TOWN MANAGER IS AUTHORIZED TO
EXECUTE:
1) The Community Development Block Grant City- County Contract for the period July 1, 2005,
through June 30, 2006, between the County of Santa Clara and the Town of Los Gatos,
attached as Exhibit A; and,
2) Future amendments to the Contract so long as they conform to the adopted Town budget;
and,
3) Subsequent Community Development Block Grant City - County Contracts for the period July
1, 2006 through June 30, 2007, and July 1, 2007 through June 30, 2008, between the County
of Santa Clara and the Town of Los Gatos, including future amendments to the Contracts so
long as they conform to the adopted Town budget and aforementioned Joint Powers
Agreement.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 7 day of November, 2005, by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector,
Mayor Mike Wasserman.
NAYS: None
ABSENT- None
ABSTAIN: None
SIGNED: oe
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR
OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
SAAdopted Reso -Ords \Comm- Service \City County Contract 05-7)6.wpd
EXHIBIT A
COMMUNITY DEVELOPMENT BLOCK GRANT
COUNTY /CITY CONTRACT
Contract No.LG -06 -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 CLARA, a political subdivision of
the State of California (hereinafter "COUNTY "), and the CITY /TOWN OF LOS GATOS
(hereinafter "CITY') participating as a member of the County of Santa Clara COMMUNITY
DEVELOPMENT BLOCK GRANT (hereinafter "CDBG ") Joint Powers Agreement. The
allocation of funds pursuant to this Contract shall be a grant. COUNTY approved the allocation
and disbursement of CDBG funds to CITY on May 3, 2005
WITNESSETH
WHEREAS, COUNTY has received CDBG Entitlement Program funds from the United States
Department of Housing and Urban Development (hereinafter HUD) as an entitlement jurisdiction
pursuant to the provisions of Title 1 of the Housing and Community Development Act of 1974,
as amended; and,
WHEREAS, COUNTY has agreed to the use by CITY, as a subrecipient, of a portion of
COUNTY'S CDBG entitlement for a housing 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. PROGRAM
COUNTY agrees to allocate a portion of its CDBG entitlement, and/or program income as
defined in 24 CFR 570 Subpart J, "Grant Administration" (570.504), to the CITY, as a
subrecipient of the County being the sum of Two hundred seventy -nine thousand sixty -nine
and 09/100 Dollars ($279,069.09) for the purpose of reimbursing the City for costs incurred to
implement the housing and community development program (hereinafter "PROGRAM").
PROGRAM is defined as projects and activities funded with this allocation 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 2005/06 shall not exceed
the total sum of the beginning fiscal year Cash Control Sheet (fiscal year CDBG allocation of
funds to CITY, and roll -over of unexpended CDBG funds from previous years allocations to
CITY). CITY is granted authority to also expend funds for eligible CDBG Housing activities
from its approved rehabilitation program revolving loan fund account, including accrued
Program Income. Such authority is based on CITY and its subrecipients being in compliance
with all Federal Rules and Regulations governing the CDBG PROGRAM, and the COUNTY
CDBG Reallocation Guidelines.
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8. 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 lead 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."
In
Establishment and Maintenance of Records by City
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;
E.
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 during normal business hours, and as often as may be deemed reasonably
necessary, CITY agrees that HUD and the COUNTY, and/or 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 by law.
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 may be deemed reasonably
Santa Clara County 4 FY 05/06 City /County Contract
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FV
PROGRAM Performance by CITY.
Conduct the PROGRAM within Santa Clara County, for the purpose of benefiting
low and very low income households.
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.
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.
Comply with the audit requirements of OMB Circular A -133 which require
compliance with the Single Audit Act for any subrecipient expending $300,000 or
more of federal funds for the fiscal year.
4. Document all PROGRAM costs by maintaining records in accordance with
Section III, Paragraph D below.
5. Submit to the COUNTY documented requests for reimbursement.
Certify current and continuous insurance coverage of CITY, subject to approval of
COUNTY and in accordance with requirements as outlined in Exhibit G
"Indemnity and Insurance Requirements;" and obtain certificate of insurance from
all subrecipients which will list CITY as additional insured.
7. Subparagraph C. 1) through 6) above are express conditions precedent to
disbursement of any COUNTY funding and failure to comply with these
conditions may, at the discretion of COUNTY, result in the suspension of funding
or termination of specific projects in non - compliance; or initiate the suspension of
funding or termination of this Contract as provided for herein.
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Used to meet one of the national objectives stated in Title 24 CFR part 570.208
for a period of five years after expiration of this Contract, or for such longer
period of time as required by the COUNTY; or,
2. Reimburse the COUNTY an amount equal to the current market value of the
property, less any portion of the value attributable to expenditures of non -CDBG
funds for acquisition of, or improvement to, the property (reimbursement is not
required after the period of time specified in I. 1. above).
IV. OBLIGATIONS OF COUNTY
A. Method of Payment. During the term of this Contract, COUNTY will disburse CDBG
funds to CITY on a reimbursement basis, unless otherwise provided herein, for all
allowable costs and expenses incurred in connection with the PROGRAM.
Reimbursement will not exceed the total sum of Two hundred seventy -nine thousand
sixty -nine and 09/100 Dollars ($ 279,069.09) as stated in the fiscal year 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:
1. 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 immediate
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 V. C. of this Contract
(CONTRACT COMPLIANCE, Corrective Action Procedure); and
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necessary, Subrecipient agrees that HUD and the COUNTY, and /or 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 by law.
3. CITY also agrees that COUNTY and 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.
H. Suspension and Termination. In 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 funds 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
improved in whole or in part with CDBG funds (including CDBG funds provided to
CITY in the form of a loan) in excess of $25,000 must be:
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CITY:
Name of CITY
Address of CITY
Address of CITY (Continued)
Name of CITY Manager
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.
VI. CONTRACT COMPLIANCE
A. Monitoring and Evaluation of Services. Evaluation and monitoring of the PROGRAM
performance is the mutual responsibility of COUNTY and CITY, with the understanding
that HUD looks to COUNTY as the sale responsible party for meeting PROGRAM
requirements. CITY will furnish data, statements, records, information and reports as
mutually agreed to by CITY and COUNTY as necessary for COUNTY to monitor, review
and evaluate the performance of the PROGRAM and its components. COUNTY 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 include 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 jeopardize or
adversely affect the undertaking of or the carrying out of the PROGRAM. The
CITY and COUNTY may negotiate a reinstatement of this Contract following
termination or conclusion of such litigation.
3. If CITY has taken any action pertaining to the PROGRAM, which action required
COUNTY approval, and such approval was not obtained.
4. If CITY is in default pursuant to any provision of this Contract.
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4. If applicable, forward a written report to HUD's Regional Office detailing the
substantial non- compliance issues and the steps being instituted to correct
performance, copy to the CITY Manager.
C. Compliance with Law. COUNTY shall become familiar and comply with and require all
its subcontractors and employees, if any, to become familiar and comply with all
applicable Federal, State and local laws, ordinances, codes, regulations and decrees
including, but not limited to, those Federal rules and regulations, executive orders, and
statutes identified in "F" ASSURANCES. Specifically, COUNTY shall comply with the
requirements of OMB Circular No. A -87, "Principles for Determining Costs Applicable
to Grants and Contracts with State, Local, Federally recognized Indian Tribal
Governments," and OMB Circular 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. PROGRAM COORDINATION
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 to serve as CITY CDBG
Program Coordinator, and City Manager
(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 writing, of the appointment of a new CITY CDBG Program Coordinator, or a new
CITY Manager (or assignee approved by the CITY Council).
C. NOTICES. All notices or other correspondence required or contemplated by this
Contract must be sent to the parties at the following addresses:
COUNTY: Marjorie Matthews, Director
Office of the County Executive
Office of Affordable Housing
Housing and Community Development Program
1735 North First Street, Suite 265
San Jose, CA 95112
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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.
B. Termination for Convenience. 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 written
notice to the other party. 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 RealIocation Guidelines will apply, but may be adjusted
if termination is for cause.
D. Upon termination, CITY will:
Be reimbursed for all documented allowable costs and expenses incurred 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.
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5. If CITY makes improper use of COUNTY funds.
6. 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'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 recommendation
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:
1. 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
within thirty (30) days of the initial non - compliance meeting between CITY and
COUNTY;
3. CITY must initiate the corrective action procedure within sixty (60) days of the
initial non - compliance meeting between the COUNTY 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 findings of non - compliance, and subsequent
corrective action, with both the COUNTY Board of Supervisors and HUD.
VII. 'TERMINATION
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 VI, B which has not been
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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
570.606 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. PROGRAM INCOME
Income generated by the Project is Program Income and shall be regulated by all 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
by activities carried out with CDBG funds made available under this Contract. By way 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 subcontractors, 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 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 and potential repayment of the program funds provided
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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. PURCHASING 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), with 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 definitions which apply to CDBG Real
Property, however, the Common Rule section governing Real Property (CFR 85.31) DOES NOT
APPLY TO CDBG ACTIVITIES
A. The following definitions apply to this Contract pursuant to 24 CFR, Part 58
(Common Rule) 853:
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 (0 (1).
4) Supplies as defined in detail in 24 CFR, Part 85.33.
5) Procurement, Use and Disposition of Real Property as defined in detail
by 24 CFR, Part 570.503 (Agreements with Subrecipients), 570.505 (Use
of Real Property), and 570.504 (Program Income).
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 subreceipient(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, HUD and CDBG requirements.
C. Grants. If a grant is provided for the acquisition of real property, CITY will require its
subreceipients(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 subreceipient(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
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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 provided under 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 contracts with its subrecipient(s)
and vendors when utilizing the CDBG funds.
XVI. AMENDMENTS
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.
Amendments will not invalidate this Contract, nor relieve or release the COUNTY or the
CITY from its obligations under this Contract.
B. During the Contract term, CITY may choose to transfer funds within the PROGRAM
described in Exhibits "A through D." Fund transfers exceeding $10,000 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 or subsequent to execution of
this Contract will affect or modify any of the terms or obligations contained in any documents
comprising this Contract.
XVIII. 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.
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 Implementation 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).
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for in the Contract. The use of the term here does not create liability for personal injuries,
worker's compensation or other forms of liability, obligation or responsibility which flow
from employee /employer relationships.
XII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION
COUNTY and CITY agree to maintain the confidentiality of any information regarding
applicants for services offered by the PROGRAM pursuant to this Contract or their immediate
families which may be obtained through application forms, interviews, tests, reports from public
agencies or counselors, or any other source. Without the written permission of the applicant, such
information may be 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 those furnishing
services for the PROGRAM through approved subcontracts.
XIII. HOLD HARMLESS
In addition to the indemnity obligations set forth in Exhibit G, "Indemnity and Insurance
Requirements," CITY must indemnify and hold harmless the COUNTY, its employees, agents,
and officials, members of boards and commissions, from 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 subreceipient(s) failure (for
CITY) to comply with applicable laws, ordinances, codes, regulations and decrees, including
without limitation those set forth in Exhibit E, "Certifications."
XIV. WAIVER OF RIGHTS AND REMEDIES
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 PROGRAM or this Contract.
XV. NON - DISCRIMINATION
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, color, national origin, ancestry, religion, sex /gender, sexual orientation, mental disability,
Santa Clara County 13 FY 05/06 City/County Contract
Office of Affordable Housing
Community Development Block Grant Program
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - FY 2005/06
EXHIBITS A - D
AGENCY DESCRIPTION
Project:
Housing Rehab Administration
Project No.: LG -01 -52
Agency:
Town of Los Gatos
208 E. Main Street
Los Gatos, CA 95030
Regina Falkner, Community Services Director
phone (408) 354 -6820
fax (408) 395 -8640
community@losgatosca.gov
PROJECT DESCRIPTION
Site: (same)
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, and accessibility modifications. This project funds staff time to manage
the existing portfolio of loans, and to promote the program to new participants.
PROJECT WORK PLAN
Manage portfolio of existing loans; maintain inventory database; perform Town's responsibilities
as listed on pages 2 and 3 of Exhibit I to this Contract, "Urban County Rehabilitation Services."
PROPOSED IMPLEMENTATION TIME SCHEDULE
Jul. - Sept., 2005
Manage portfolio of existing loans.
Maintain inventory database
Distribute Housing Rehabilitation brochures to locations frequented by the general public.
Refer clients to the Housing Rehabilitation Program.
Oct. - Dec., 2005
Manage portfolio of existing loans.
Maintain inventory database
Distribute Housing Rehabilitation brochures to locations frequented by the general public.
Publish an advertisement regarding the Housing Rehabilitation -Program, its eligibility
requirements, and contact information, in the Fall issue of the Town newsletter.
Refer clients to the Housing Rehabilitation Program.
Jan. - Mar., 2006
Manage portfolio of existing loans.
Maintain inventory database
Distribute Housing Rehabilitation brochures to locations frequented by the general public.
Refer clients to the Housing Rehabilitation Program,
Exhibits A D Page 1
C. The persons signing below are duly authorized to execute this Contract.
IN WITNESS WHEREOF, the parties have executed this as indicated below.
CITY OF: COUNTY OF SANTA CLARA:
By: By:
Date Liz Kniss Date
Chair
Board of Supervisors
Print Name
CITY Manager Signed and certified that a copy of this
document has been delivered by electronic
or other means to the Chair, Board of
Supervisors
ATTEST: ATTEST:
CITY Clerk
Phyllis Perez Date
Clerk, Board of Supervisors
APPROVED AS TO FORM AND
LEGALITY:
CITY Attorney Date
Print Name
05/06 City Contract
Grg 8/08/05
APPROVED AS TO FORM AND
LEGALITY:
Leslie Orta Date
Deputy County Counsel
Santa Clara County 15 FY 05/06 City /County Contract
Office of Affordable Housing
Community Development Block Grant Program o
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - FY 2005/06
EXHIBITS A - D
AGENCY DESCRIPTION
Project:
ADA - Parking Lots 1 and 2 Ramps
Project No.: LG -03 -42
Agency:
Town of Los Gatos
208 E. Main Street
Los Gatos, CA 95030
Regina Falkner, Community Services Director
phone (408) 354 -6820
fax (408) 395 -8640
community @losgatosca.gov
PROJECT DESCRIPTION
Site: (same)
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 Parks and Public Works
Department, it makes improvements to Town properties to achieve compliance with ADA
standards for public facilities.
Any project funds remaining after project completion will be reprogrammed to new ADA
projects at public facilities.
PROJECT WORK PLAN
Project funds will be reprogrammed to new ADA projects at public facilities.
PROPOSED IMPLEMENTATION TIME SCHEDULE
During FY 2005/06, project funds will be reprogrammed to new ADA projects at public
facilities.
BUDGET
Line Item CDBG Budget Amount
Construction $36.37
Exhibits A - D Page 3
Apr. - June, 2006 Manage portfolio of existing loans.
Maintain inventory database
Distribute Housing Rehabilitation brochures to locations frequented by the general public,
Publish an advertisement regarding the Housing Rehabilitation Program, its eligibility
requirements, and contact information, in the Spring issue of the Town newsletter.
Refer clients to the Housing Rehabilitation Program,
BUDGET
Line Item CDBG Budget Amount
Salaries $19,920.30
Exhibits A - D Page 2
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - FY 2005/06
EXHIBITS A - D
AGENCY DESCRIPTION
Project: ADA - Town Library Doors
Agency: Town of Los Gatos
208 E. Main Street
Los Gatos, CA 95030
Regina Falkner, Community Services Director
phone (408) 354 -6820
fax (408) 395 -8640
community @losgatosca.gov
PROJECT DESCRIPTION
Project No.: LG -04 -42
Site: Town -owned facility
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 Parks and Public Works
Department, it makes improvements to Town properties to achieve compliance with ADA
standards for public facilities.
Any project funds remaining after project completion will be reprogrammed to new ADA
projects at public facilities.
PROJECT WORK PLAN
Project funds will be reprogrammed to new ADA projects at public facilities...
PROPOSED IMPLEMENTATION TIME SCHEDULE
During FY 2005/06, project funds will be reprogrammed to new ADA projects at public
facilities.
BUDGET
Line Item CDBG Budget Amount
Construction $6,259.50
Exhibits A - D Page 5
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - FY 2005106
EXHIBITS A - D
AGENCY DESCRIPTION
Project:
ADA - Ross Creek Pedestrian Bridge
Project No.: LG -04 -41
Agency:
Town of Los Gatos
208 E. Main Street
Los Gatos, CA 95030
Regina Falkner, Community Services Director
phone (408) 354 -6820
fax (408) 395 -8640
community @losgatosca.gov
PROJECT DESCRIPTION
Site: (same)
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 Parks and Public Works
Department, it makes improvements to Town.properties to achieve compliance with ADA
standards for public facilities.
Any project funds remaining after project completion will be reprogrammed to new ADA
projects at public facilities.
PROJECT WORK PLAN
Project funds will be reprogrammed to new ADA projects at public facilities.
PROPOSED IMPLEMENTATION TIME SCHEDULE
During FY 2005/06, project funds will be reprogrammed to new ADA projects at public
facilities.
BUDGET
Line Item CDBG Budget Amount
Construction $765.32
Exhibits A - D Page 4
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - FY 2005/06
EXHIBITS A - D
AGENCY DESCRIPTION
Project:
ADA Compliance Projects, Public Facilities
Project No.: LG -05 -41
Agency:
Town of Los Gatos
208 E. Main Street
Los Gatos, CA 95030
Regina Falkner, Community Services Director
phone (408) 354 -6820
fax (408) 395 -8640
community@losgatosea.gov
PROJECT DESCRIPTION
Site: Town -owned facility
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 Parks and Public Works
Department, it makes improvements to Town properties to achieve compliance with ADA
standards for public facilities.
Any project funds remaining after project completion will be programmed to new ADA projects
at public facilities.
PROJECT WORK PLAN
This project will fund the construction of ADA compliance work at a public facility.
PROPOSED IMPLEMENTATION TIME SCHEDULE
During FY 2005/06, an ADA compliance project at a public facility will be identified; and work
will be completed.
BUDGET
Line Item CDBG Budget Amount
Construction $19,587.50
Exhibits A - D Page 7
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - FY 2005/06
EXHIBITS A - D
AGENCY DESCRIPTION
Project: Live Oak Adult Day Services - Adult Day Care Project No.: LG -05 -33
Agency: Live Oak Adult Day Services Site: (same)
19 High School Court
Los Gatos, CA 95030
Colleen Hudgen, Executive Director
phone (408) 354 -4782
PROJECT DESCRIPTION
This program- provides age- appropriate social and recreational activities, exercise, meals
(breakfast and lunch), and attention from professional staff. It also provides respite for
participants' regular caregivers, usually family members. Information relating to elder care,
counseling support, and referral to other relevant community resources are also provided for the
family members of program participants.
We] 1114 Wd f 1 itGIi 4aw
Provide adult social day care to frail 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.
PROPOSED IMPLEMENTATION TIME SCHEDULE
Service
Jul. - Sept., 2005
Oct. - Dec., 2005
Jan. - Mar., 2006
Apr. - June, 2006
.Days of adult day care
350
350
350
350
Days of caregiver respite
350
350
350
350
Noon meals
350
350
350
350
Breakfast meals
350
350
350
350
BUDGET
Line Item CDBG Budget Amount
Salaries $9,785.10
Exhibits A - D Page 6
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - FY 2005/06
EXHIBITS A - D
AGENCY DESCRIPTION
Project: Rebuilding Together Silicon Valley Project No.: LG -05 -54
Agency: Rebuilding Together Silicon Valley Site: (various)
2885 Aiello Drive, Suite A
San Jose, CA 95111
Beverley Jackson, Executive Director
phone (408) 578 -9519
fax (408) 578 -9519
info@rebuildingtogether-sv.org
PROJECT DESCRIPTION
Rebuilding Together Silicon Valley, formerly "Christmas in April," rehabilitates and repairs the
homes of very -low- income homeowners so that they may live in warmth, safety, and
independence, and repairs nonprofit facilities so that they may better serve our community.
PROJECT WORK PLAN
Project is complete; remaining project funds will be reprogrammed to a new project.
PROPOSED IMPLEMENTATION TIME SCHEDULE
During FY 2005/06, project funds will be reprogrammed to a new project.
e if_Ze��ly
Line Item CDBG Budget Amount
Salaries $7,500.00
Exhibits A - D Page 9
i
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - FY 2005/06
EXHIBITS A - D
AGENCY DESCRIPTION
Project: Housing Conservation Program Loans
Agency: Town of Los Gatos
208 E. Main Street
Los Gatos, CA 95030
Regina Falkner, Community Services Director
phone (408) 354 -6820
fax (408) 395 -8640
community @losgatosca.gov
PROJECT DESCRIPTION
Project No.: LG -05 -51
Site: (same)
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, and accessibility modifications. This project funds new HCP loans to
income - eligible homeowners in Los Gatos.
Santa Clara County administers the Town's Housing Conservation Program (HCP), per Exhibit I
of this Contract, "Urban County Housing Rehabilitation Services."
PROJECT WORK PLAN
Pending approval of a loan by Santa Clara County, provide project allocation funds as loan
capital.
PROPOSED IMPLEMENTATION TIME SCHEDULE
January, 2006: Request that Santa Clara County draw down project allocation for use as
loan capital.
BUDGET
Line Item CDBG Budget Amount
Loan Capital $58,724.00
Exhibits A - D Page 8
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - FY 2005/06
EXHIBITS A - D
AGENCY DESCRIPTION
Project: Second Harvest Food Bank - Oper. Brown Bag Project No.: LG -06 -31
Agency: Second Harvest Food Bank Site: 208 E. Main St. and
750 Curtner Avenue 626 W. Parr Ave.,
San Jose, CA 95125 Los Gatos
Laura Kaczmarek, Community Programs Manager
phone (408) 266 -8866 x236
PROJECT DESCRIPTION
Bags of groceries are given to participants at local distribution sites on a weekly basis. Nutrition
and consumer education programs, a newsletter, volunteer activities, and recognition events are
also provided at the local sites.
PROJECT WORK PLAN
Provide weekly bags of groceries to qualified-Los Gatos residents, hold nutrition and consumer
workshops, produce a quarterly newsletter, hold volunteer recognition events, provide volunteer
opportunities, and provide information and referrals.
PROPOSED IMPLEMENTATION TIME SCHEDULE
Service
Jul. - Sept., 2005
Oct. - Dec., 2005
Jan. - Mar., 2006
Apr. - June, 2006
Weekly bags of groceries
60
60
60
60
Education activities
60
60
60
60
Quarterly newsletter
60
60
60
60
Volunteer opportunities
8
8
8
8
Volunteer recognition
1
1
0
1
BUDGET
Line Item CDBG Budget Amount
Utilities $3,802.00
Exhibits A - D Page I I
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - FY 2005/06
EXHIBITS A - D
AGENCY DESCRIPTION
Project: EHC Lifebuilders - Our House
Agency: EHC Lifebuilders
150 Almaden Boulevard, Suite 500
San Jose, CA 95113
Barry Del Buono, President
phone (408) 539 -2100
fax (408) 286 -5102
info @homelessness.org
PROJECT DESCRIPTION
Project No.: LG -06 -11
Site: 480 East William Street
San Jose
Construction of a new facility for runaway and homeless youth. Facility to include 10 beds of
emergency shelter, 12 beds of transitional housing, and 5 apartments for City Year /Americorps
participants. Project funds are designated for.engineering and design fees.
PROJECT WORK PLAN
Construction to be completed by June 2006
PROPOSED IMPLEMENTATION TIME SCHEDULE
During FY 2005/06, construction of the facility will be completed.
BUDGET
Line Item CDBG Budget Amount
Engineering and design fees $1.5,000.00
Exhibits A - D Page 10
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - FY 2005/06
EXHIBITS A - D
AGENCY DESCRIPTION
Project: Live Oak Adult Day Services - Adult Day Care Project No.: LG -06 -33
Agency: Live Oak Adult Day Services Site: (same)
19 High School Court
Los Gatos, CA 95030
Colleen Hudgen, Executive Director
phone (408) 354 -4782
PROJECT DESCRIPTION
This program. provides age- appropriate social and recreational activities, exercise, meals
(breakfast and lunch), and attention from professional staff. It also provides respite for
participants' regular caregivers, usually family members. Information relating to elder care;
counseling support, and referral to other relevant community resources are also provided for the
family members of program participants.
PROJECT WORK PLAN
Provide adult social day care to frail 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.
PROPOSED IMPLEMENTATION TIME SCHEDULE
Service
Jul. - Sept., 2005
Oct. - Dec., 2005
Jan. - Mar., 2006
Apr. - June, 2006
Days of adult day care
350
350
350
350
Days of respite
350
350
350
350
Noon meals
350
350
350
350
Breakfast meals
350
350
350
350
BUDGET
Line Item CDBG Budget Amount
Salaries $12,988.00
Exhibits A - D Page 13
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - FY 2005/06
EXHIBITS A - D
AGENCY DESCRIPTION
Project: Catholic Charities Long Term Ombudsman Project No.: LG -06 -32
Agency: Catholic Charities of San Jose Site: (same)
2625 Zanker Road, Suite 200
San Jose, CA 95134
Donna DiMinico, Program Director
phone (408) 944 -0567 x261
PROJECT DESCRIPTION
This program enables volunteer ombudsmen to receive, investigate, and resolve complaints made
by, or on behalf of, long term care facility residents. It provides for regular site visits by staff and
certified volunteers to facilities, where face -to -face contact is made with individuals at risk for
isolation, exploitation, personal rights violation, and abuse.
PROJECT WORK PLAN
Provide ombudsman presence, advocacy, complaint investigation, and community education.
Provide information and referral, recertification and retraining of volunteers, certification training
for new volunteers, and witness Advanced Health Care Directives.
PROPOSED IMPLEMENTATION TIME SCHEDULE
Service
Jul. - Sept., 2005
Oct. - Dec., 2005
Jan. - Mar., 2006
Apr. - June, 2006
Personal contacts
148
148
148
148
Facility visits
42
42
42
42
Complaint investigations
15
15
15
15
Community education
0
0
0
1
BUDGET
Line Item CDBG Budget Amount
Salaries $7,680.00
Exhibits A - D Page 12
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - FY 2005/06
EXHIBITS A - D
AGENCY DESCRIPTION
Project: ADA Compliance Projects, Public Facilities
Agency: Town of Los Gatos
208 E. Main Street
Los Gatos, CA 95030
Regina Falkner, Community Services Director
phone (408) 354 -6820
fax (408) 395 -8640
community@losgatosca.gov
PROJECT DESCRIPTION
Project No.: LG -06 -41
Site: Town -owned facility
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 Parks and Public Works
Department, it makes improvements to Town properties to achieve compliance with ADA
standards for public facilities.
Any project funds remaining after project completion will be programmed to new ADA projects
at public facilities.
PROJECT WORK PLAN
This project will fund the construction of ADA compliance work at a public facility.
PROPOSED IMPLEMENTATION TIME SCHEDULE
During FY 2005/06, an ADA compliance project at a public facility will be identified; and work
will be completed.
BUDGET
Line Item CDBG Budget Amount
Construction $59,810.00
Exhibits A - D Page 15
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - FY 2005/06
EXHIBITS A - D
AGENCY DESCRIPTION
Project: San Jose State Univ. Foundation - Health Place Project No.: LG -06 -34
Agency: San Jose State University Foundation Site: 208 E. Main Street,
P.O. Box 720130 Los Gatos
San Jose, CA 95172
Dr. Jean Sullivan, School of Nursing
phone (408) 924 -3151
PROJECT DESCRIPTION
This project provides 5 primary programs for the elderly of Los Gatos: 1) in -home nursing
services for the frail elderly; 2) blood pressure screening and monitoring; 3) consultation for
agencies, clients, and care givers; 4) education; and 5) information and referral.
PROJECT WORK PLAN
Provide frail home bound visits, blood pressure screening and monitoring, consultation,
education, and information and referral to Los Gatos seniors.
PROPOSED IMPLEMENTATION TIME SCHEDULE
Service
Jul. - Sept., 2005
Oct. - Dec., 2005
Jan. - Mar., 2006
Apr. - June, 2006
Frail home bound visits
120
120
120
120
Blood pressure screenings
300
300
300
300
Consultation
250
250
250
250
Education
0
9
5
5
BUDGET
Line Item CDBG Budget Amount
Salaries $12,211.00
Exhibits A - D Page 14
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - FY 2005/06
EXHIBITS A - D
AGENCY DESCRIPTION
Project: Rebuilding Together Silicon Valley Project No.: LG -06 -54
Agency: Rebuilding Together Silicon Valley Site: (various)
2885 Aiello Drive, Suite A
San Jose, CA 95111
Beverley Jackson, Executive Director
phone (408) 578 -9519
fax (408) 578 -9519
info@rebuildingtogether-sv.org
PROJECT DESCRIPTION
Rebuilding Together Silicon Valley, formerly "Christmas in April," rehabilitates and repairs the
homes of very -low- income homeowners so that they may live in warmth, safety, and
independence, and repairs nonprofit facilities so that they may better serve our community.
PROJECT WORK PLAN
Repair, rehabilitate, and upgrade at least 2 housing units or nonprofit facilities in Los Gatos.
PROPOSED IMPLEMENTATION TIME SCHEDULE
Service
Jul. - Sept., 2005
Oct. - Dec., 2005
Jan. - Mar., 2006
Apr. - June, 2006
Safety- related repairs
0
0
0
7
Home /Facility
Rehabilitation
0
0
0
2
BUDGET
Line Item CDBG Budget Amount
Salaries $10,000.00
Exhibits A - D Page 17
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - FY 2005/06
EXHIBITS A - D
AGENCY DESCRIPTION
Project: Urban County Rehab Services Project No.: LG -06 -53
Agency: County of Santa Clara Site: (same)
Office of Affordable Housing
Housing and Community Development Program
1735 North First Street, Suite 265
San Jose, CA 95112
Marjorie Matthews, Director
phone (408) 441 -4258
fax (408) 441 -0365
PROJECT DESCRIPTION
Santa Clara County administers the Town's Housing Conservation Program (HCP), per Exhibit I
of this Contract, "Urban County Housing Rehabilitation Services." The HCP provides low
interest installment loans, deferred loans, and.grants for eligible work items, which include:
home repairs, earthquake retrofit work, health and safety repairs, and accessibility modifications.
PROJECT WORK PLAN
Perform County's responsibilities as listed in Exhibit I to this Contract, "Urban County
Rehabilitation Services."
PROPOSED IMPLEMENTATION TIME SCHEDULE
Jul. - Sept., 2005
Perform County's responsibilities as listed in Exhibit I to this Contract, "Urban County
Rehabilitation Services."
Oct. - Dec., 2005
Perform County's responsibilities as listed in Exhibit I to this Contract, "Urban County
Rehabilitation Services."
Jan. - Mar., 2006
Perform County's responsibilities as listed in Exhibit I to this Contract, "Urban County
Rehabilitation Services."
Apr. - June, 2006
Perform County's responsibilities as listed in Exhibit I to this Contract, "Urban County
Rehabilitation Services."
BUDGET
Line Item CDBG Budget Amount
Salaries $20,000.00
Exhibits A - D Page 16
Jan. - Mar., 2006
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.
Apr. - June, 2006
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 Budget Amount
Salaries $15,000.00
N: \CSD\ 2218 \FY 2005 -06 \citycounty exhibits.wpd
Exhibits A - D Page 19
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - FY 2005106
EXHIBITS A - D
AGENCY DESCRIPTION
Project: General Administration
Agency: Town of Los Gatos
208 E. Main Street
Los Gatos, CA 95030
Regina Falkner, Community Services Director
phone (408) 354 -6820
fax (408) 395 -8640
community@losgatosea.gov
PROJECT DESCRIPTION
Project No.: LG -06 -91
Site: (Site address same)
Administer funding and monitor service delivery of all CDBG - funded programs and projects for
the Town of Los Gatos.
PROJECT WORK PLAN
Coordinate annual allocation of CDBG funds, establish annual City /County CDBG contract,
establish and monitor funding contracts with nonprofit agencies, receive and review quarterly
deliverables from nonprofit agencies, coordinate disbursement of CDBG funds to nonprofit and
Town projects, prepare 4 quarterly deliverables to Santa Clara County HCD, attend Urban
County Staff meetings, and respond to inquiries for information.
�)1�7.`f ij�►�ii'i t1:1►1111_ 11N1 t�7�/IIIi'!11 .
Jul. - Sept., 2005
Review quarterly deliverables from nonprofit agencies.
Prepare and sign annual City /County Contract.
Establish funding contracts with 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.
Oct. - Dec., 2005
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.
Exhibits A - D Page 18
Jurisdiction .
Anti - Lobbying -- Tb the best of the jurlsdictlon's knowledge and belief:
8. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 the. awarding of 'any Federal contract, the making of any Federal grant, the making
of any loan, the entering Into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
9. If any funds other than Federal 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,. "Disclosure 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 all subawards at all tiers (Including subcontracts, subgrants,
and contracts under grants, loans, and : cooperative agreements) and that all
subreciplents 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 cant' 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, HOM 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.
2L �Acl_l 10,51
- Signature /Authorized Official Date
Peter Kutras Jr.
Name
County Executive
Title
70 West Hedding Street
Address
San Jose CA 951.10
City /State /Zip
408 299 -5102
Telephone Number
CPMP Non - State Grantee Certifications 2 Version. 1.3
EXHIBIT E
w�a �
z * 0
$4Aj
CPMP Non -State Grantee
Certifications:
aWV Many elements of this document may be. completed
electronically, however a signature must be manually applied -and the
document must be submitted In paper form to the Field. Office. '
NON -STATE GOVERNMENT CERTIFICATIONS
In accordance with the.appiicable 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 Relocation Plan -- It will comply with the acquisition and relocation
requirements of the Uniform Relocation Asslst6hce 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 a drug -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 be taken 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 a drug -free workplace;
c. Any available drug counseling, rehabilitation, and assistance programs; and
d. The penalties that may be Imposed upon employees for drug abuse violations occurring in the
workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant be given
a copy of the statement required by paragraph 1;
.4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment
under the grant, the employee will -
a. Abide by the terms of the statement; and
b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction;
S. Notifying the agency In writing, within ten .calendar days after receiving notice under subparagraph
4(b) from an'employee or 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 Identification
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 a drug -free workplace through Implementation of
paragraphs 1, 2, 3, 4, 5 and 6.
CPMP Non -State Grantee Certlficatlons 1 Version 1.3
Jurisdiction
Compliance With Anti- discrimination laws -- The grant will be conducted and. administered in
conformity with' title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC
36013619), 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.
ki 51 0
Signature /Authorized Official [date
Peter Kutras Jr.
Name
County Executive
Title
70 WestHedding Street
Address
San Jose' CA 95110
City/State /Zip
408 299-51
Telephone Number'
CPMP Non -State Grantee Certifications 4 Version 1.3
Jurisdiction
Specific CDBG Certifications
The Entitlement Community, certifies that:.
Citizen Participation -- It Is In full compliance and following a detailed citizen participation plan that
satisfies the requirements of 24 CFR 91.105.
Community Development Plan -- Its consolidated housing and community development plan Identifies
community development and housing needs and specifies both short -term and long -term community.
development objectives that provide decent housing, expand economic opportunities primarily for persons
of low.and moderate Income. (See CFR 24 570.2 and CFR 24 part 570)
Following a Plan =- 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. Maximum 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 108 guaranteed. loans during.
program year(s) 22_05, 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 from other revenue
sources, an assessment or charge may be made against the property with respect to the public
improvements financed by a source other than 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 capita 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 financed by a source other than CDBG funds. Also, -In the case of properties
owned and occupled •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 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
Jurisdiction .
controlled substance; "Employee" means the employee of a grantee directly engaged In the
performance of work under a grant, including:
a. All "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 directly engaged in the performance of work under
the grant and who fire on the grantee's payroll. This definition does not Include workers not on
the payroll of the grantee (e.g., volunteers, even If used to meet a matching requirement;
consultants or independent contractors not on the grantee's payroll; or employees of
subreciplents or subcontractors in covered Workplaces).
Note- that by signing these certiflcations, certain documents must completed, in use; and on file for
verification. • These documents include:
1. Analysis of Impediments to Fair Housing
2. Citizen Participation Plan
•3. Anti - displacernent and Relocation Plan
Signature /Authorized Official Date
Peter Kutras Jr.
Name
County Executive
Title
70' West Hedding Street
Address
San Jose CA 95110
Clty/State /Zip
408 299 -5102
Telephone Number
CPMP Non -State Grantee Certifications 11 Version 1.3
Jurisdiction
APPENDIX TO CERTIFICATIONS
Instructions Concerning Lobbying and Drug -Free Workplace Requirements
Lobbying Certification
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 Workplace Certification
1. By signing and /or submitting this application or grant agreement, the grantee is providing the
certification.
2. The certification is a material representation of fact upon 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 appllcation: 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 performance of.the grant, the grantee
shall Inform the agency of the change(s); if it previously Identified the workplaces In question (see.
paragraph three).
6. The grantee may Insert In the space provided below the site(s) for the performance of work done In.
connection with the specific grant; Place of Performance (Street address, city, county, state,. zip 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 21. •
Place Name
Street I CRY
County
State
Zi
County Governnient Center
70 W. Heddinq St. I San Jose
Santa Clara
CA
95110
7. Definitions 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 (21 CFR 1308.11 through
1308.15); "Conviction° means a finding of guilt (Including a plea of nolo contendere) or imposition of
sentence, or both, by any judicial body charged with the responsibility to determine violations of the
Federal or State criminal drag statutes; "Criminal drug statute" means a Federal or non - Federal
criminal statute Involving the manufacture, distribution, dispensing, use, or•possession of any
CPMP Non -State Grantee Certificatlons 10 Verslon 1.3
11. 570.611. Conflict of Interest.
12. 570.612. Executive Order 12372 allows States to establish its own process for review
and comment on proposed Federal financial assistance programs, specifically the use of
CDBG finds for the construction or planning of water, or sewer facilities.
wg1ry2000 /01 /fi1es
contracts /assurances
EXHIBIT F - ASSURANCES 2 REVISED 11/16/00
EXHIBIT G
INDEMNITY 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 employed by the County. It is 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 which the Contractor is obligated to indemnify, defend and hold harmless the
County under this Agreement.
Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and
maintain at its own expense, during the term of this Agreement, or as may be further required
herein, the following insurance coverages and provisions:
A. Evidence of Coveraize
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 insurance carrier shall accompany the certificate. In addition,
a certified copy of the policy or policies shall be provided by the Contractor upon request.
This verification 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 and such insurance has been
approved by the County. This approval of insurance shall neither relieve nor decrease the
liability of the, Contractor.
B. Qualifying Insurers
All 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
current 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
EXHIBIT G
C. Notice of 'Cancellation
All coverage as required herein shall not be canceled or changed so as to no longer meet
the specified County insurance requirements without 30 days' prior written 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. Personal Injury - $1,000,000
2. General liability coverage shall include
a. Premises and Operations
b. Products /Completed
C. Personal Injury liability
f. Severability of interest
3. General liability 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
EXHIBIT G
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 broad 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 following provisions shall apply to this Agreement:
1. The foregoing requirements as to the types and limits of insurance coverage to.be
maintained by the Contractor and any approval of said insurance by the County or
its 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 in this
Agreement may be 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 writing by the County
upon satisfactory evidence of financial capacity. Contractors obligation hereunder
may 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.
3
EXHIBIT B -2 (revised) (HCD -O)
Rev. 7/3 0/02
URBAN COUNTY HOUSING REHABILITATION SERVICES
EXHIBIT H
Description: The Santa Clara County Housing Rehabilitation Program provides services
to the City/Town. The County shall provide a large range of housing rehabilitation services
including application processing, bid process, loan preparation, construction monitoring
and loan servicing. (See attached Santa Clara County Housing Rehabilitation Program
Guidelines)
RESPONSIBILITIES OF THE COUNTY
1. Review client's application, verify that client's property is located in the appropriate
jurisdiction and make a preliminary determination regarding income eligibility in
accordance with most current income guidelines determined by Federal Department of
Housing and Urban Development for Santa Clara County.
2. Continue to process application, order credit report and preliminary title report,
schedule termite inspection and condgct an Minor Rehabilitation Environmental Review in
accordance with NEPA requirements of the property, as applicable.
3. Schedule and meet with a Loan Review Committee to discuss client's application,
income status and proposed work scope. Advise client of the final decision regarding
approval /disapproval and loan terms. (See attached Santa Clara County Housing and
Community Development Loan Committee Policies and Procedures)
4. Inspect property to assist client in assessing and designing needed property
improvements, in order to bring the property in conformance with local building and
housing codes, as well as prepare a Project Cost Estimate (scope of work) detailing the
proposed work items and cost estimates.
5. Review work write -up with the client. Invite contractors to submit written bids based on
approved scope of work. Review bids with client and assist client in selecting the
responsible bidder who submits the lowest price bid. Verify that selected bidder complies
with all insurance and licensing requirements.
6. Prepare all loan documents for signature and recordation as appropriate, such as
Deeds of Trust, Promissory Notes, Notices of Right to Cancel, Truth in Lending
Disclosure Statements, Requests for Notice and Owner Participation Agreements, etc.
7. Assist client in finalizing of construction contract documents and authorize
commencement of work. Review construction work in progress for compliance with
project specifications and will conform with all applicable codes, etc. when formally
inspected by local /county building offices. Authorize change orders and progress
payments up to 90% of contract price to contractor with property owner's approval.
8. Perform final inspection and authorize final payment to contractor after receipt of
finaled building permit, mechanic's lien releases, contractor's affidavit and any applicable
warranties or guarantees and any manufacturer's informational materials. 'Record Notice
of Completion. After 35 days from date of recordation, verify that no unreleased, ;
recorded mechanic's liens have been recorded and release the withheld 10% retention
to the contractor.
9. Provide client with a Housing Rehabilitation Evaluation Questionnaire for completion
and return to the County Program Manager.
10. Maintain client file, ensure client's ongoing adherence to hazard insurance
requirements, issue final letter to client documenting all rehabilitation costs, change orders
and final loan. amount.
11. Clarify any warranty or guarantee issues.
1.2. Provide City/Town with written Quarterly Report including financial on project
accomplishments.
13. All "program income" generated from loan payoffs shall be- deposited, accounted for
and tracked individually for each jurisdiction and shall fund future housing rehabilitation
projects only in such jurisdiction.
RESPONSIBILITIES OF THE CITY/TOWN
1. Distribute Housing Rehabilitation Brochures or flyers to various locations frequented by
the general public.
2. Publish an advertisement at least four times annually informing the residents of the
existence of the Housing Rehabilitation Program and its basic eligibility requirements and
how to contact the program.
3. Run a public service. advertisement on the local public access television station at least
twice annually describing the Housing Rehabilitation Program.
2
4. Refer pre- screened call -in or walk -in clients who appear to meet basic program criteria
to the Housing Rehabilitation Program. Clients that have applied and withdrawn shall be
processed as new applicants after a period of six months from date of the previous
application.
5. Upon execution of the contract by designated City and County officials, the City/Town
shall make a lump sum transfer of $200,000.00 from the Revolving Housing Rehabilitation
Loan Fund to the Santa Clara County Housing Rehabilitation Program to be applied to
project costs for four (4) new projects.
6. Upon execution of the contract by designated City and County officials, the City/Town
shall transfer $20,000.00 from City/Town's CDBG funds to the County for Housing
Rehabilitation Services for staff costs to fully execute (4) four new rehabilitation loans
during the program year specified by the attached contract.
7. If the agreed upon number of four (4) loans is exceeded and upon mutual agreement
between the County and the City/Town, the. City/Town shall transfer to the County
$2,500.00 for any project completed from initial application through bid opening and an
additional $2,500.00 for any project completed through project closeout. The same shall
apply to any project that is discontinued by the client.
8. In the event that County staff is required to exceed the prescribed responsibilities set
forth herein such as handling litigation, arbitration, meditation or a claim, the City/Town
shall compensate the County for professional staff work at the rate of $60.00 per hour per
professional staff member. If legal consultation is required, the City/Town shall.
reimburse the County at the current hourly rate established by County Counsel.
CDBG funding amount
$20,000.00
Unduplicated clients
4
Cost per year per client
$5,000.00
Total Program.Budget
$20,000.00
Exh. H
Clty/Town.Rehab contract
Rev 9/03/03
3
EXHI BIT I
DECLARATION OF CONTRACTOR
(to be completed by all Type I or Type II contractors
A. [x] This is a Type I service contract under the Board of Supervisor's Resolution on
Contracting Principles. If this box is.checked, please complete the following:
Type I Category: Section II C. 6 .
Explanation: Contract with other public agencies
B. [ ] This, is a. Type II contract under the Board of Supervisor's Resolution on Contracting
Principles:
C. To be completed by Contractor:
The Contractor currently has other County, Contracts for the same or :similar services:
[ ] Yes [ _ ] No
If Yes is please list and describe contracts, types and dollar amounts.
D. I am authorized to complete this form on behalf of
(name of contracting entity).
I have used due diligence in obtaining this information, and this information contained
herein is complete and accurate.
Signature:
Name:
Title:
Contractor
Date: .
City Contracts
Dec of Contractor • Exh I
Qrg — 9/03103
CONTRACT PROVISIONS TO IMPLEMENT THE TERMS OF THE
RESOLUTION RE: CONTRACTING PRINCIPLES
[TYPE I CONTRACTS]
This contract is a Type I service contract, subject to the Resolution of Contracting
Principles adopted by the Board of Supervisors on October 28, 1997. Accordingly,
Contractor shall comply with all of the following:
a. Contractor shall, during the term of,this contract, comply with all
applicable federal, state, and local rules, regulations, and laws.
b.. Contractor shall maintain financial records adequate to show that County
funds paid under the contract were used for purposes consistent with the terms of -the
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.
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