1991-186-Approving Community Development Block Grant Contract Between The County Of Santa Clara And The Town Of Los Gatos For Fiscal Year 1991-92 And Authorizing Execution Of AgreementRESOLUTION 1991 - 186
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT
BETWEEN THE COUNTY OF SANTA CLARA AND THE TOWN OF LOS GATOS
FOR FISCAL YEAR 1991 -92 AND AUTHORIZING EXECUTION OF AGREEMENT
WHEREAS, the Town of Los Gatos participates in the County
Cooperative Community Development Block Grant Program; and
WHEREAS, the Department of Housing and Urban Development
requires an individual contract between the County of Santa Clara
and participating cities; and
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DOES HEREBY RESOLVE AS FOLLOWS: that the Town Council of the Town
of Los Gatos hereby authorizes the Town Manager to execute the
Agreement for Community Development Block Grant funds for the
period July 1, 1991, through June 30, 1992, between the County of
Santa Clara and the Town of Los Gatos, attached as Exhibit A.
CSD08:A: \RESOS \CS081991.186 - 1 -
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Los Gatos, California, held on the 19th day
of August, 1991, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton
Mayor Brent N. Ventura
NAYES: None.
ABSENT: Eric D. Carlson
ABSTAIN: None.
SIGNED: /J
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
LY
CLERK OF THE TOWN OF LOS( TOS
LOS GATOS, CALIFORNIA
CSD08:A: \RES0S \CS081991.186 -2-
d
Copy
CDBG COUNTY /CITY CONTRACT
Contract No.
THIS AGREEMENT is made and entered into on AUGUST 19, 1991
by and between the COUNTY OF SANTA CLARA, a political subdivision
of the State of California (hereinafter "COUNTY ") , and the
CITY/TOWN OF TOWN OF LOS GATOS CALIFORNIA
(hereinafter ("C ITY ) participating as a member of the County o
Santa Clara COMMUNITY DEVELOPMENT BLOCK GRANT (hereinafter
"CDBG ") Joint Powers Agreement.
WHEREAS, COUNTY has received CDBG Entitlement Program funds
from the Department of Housing and Urban Development (hereinafter
HUD) as an entitlement jurisdiction pursuant to the provisions of
Title 1 of the Housing and Community Development Act of 1974, as
amended; and,
WHEREAS, COUNTY has agreed to the use by CITY, as a
subrecipient, of a portion of COUNTY'S CDBG entitlement for a
housing program to be operated within COUNTY and which shall
benefit low and very low income households;
NOW, THEREFORE, the parties agree as follows;
I. PROGRAM
COUNTY agrees to grant for fiscal year 1991 -1992 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 being the sum of SEE ATTACHED
($ ) for the purpose of implementing the
housing program (hereinafter PROGRAM). Reimbursement for fiscal
year _ shall not exceed the total sum of the
beginning fiscal year Cash Control Sheet (fiscal year CDBG
allocation of funds to CITY, and roll -over of unexpended CDBG
funds from previous years allocations to CITY.) CITY is granted
authority to also expend funds for eligible CDBG Housing
activities from its approved rehabilitation program revolving
loan fund account, including accrued Program Income. Such
authority is based on CITY being in compliance with all Federal
Rules and Regulations governing the CDBG PROGRAM, and the COUNTY
CDBG Reallocation Guidelines.
�con'dition to this contract CITY shall submit Exhibit "A"
(Pr k�`am Description), Exhibit "B" (Project Work Plan), Exhibit
"C (Proposed Implementation Time Schedule) and Exhibit "D"
(Budget), or an equivalent acceptable format for providing this
information, for all allocated CITY projects awarded funding
during fiscal year . The approved versions of such
submittals shall become a part of this Contract by this reference
incorporating such submittals.
II. TERM
A. The term of this Agreement shall begin on
------------ -- ----
and shall terminate on
B. The term of expenditure for the grant amount provided
for herein shall begin on ______________________ and
terminate on the earliest of the following dates as set
forth herein: _ ; the date of the
expenditure of the total grant, and /or program income amount
provided for herein; upon the termination date established
pursuant to Section V or Section VII of this Agreement.
III. OBLIGATIONS OF CITY
A. City Shall:
1. Provide COUNTY with written certification that the
following information will be on file at the CITY
offices, and will be subject to monitoring by HUD
and /or COUNTY HCD staff, or their representatives.
a. Names and addresses of the current CITY
Manager and CITY Council members;
b. Copy of CITY'S approved Affirmative Action
Plan; and
C. Records of all CITY.Council meetings dealing
with CDBG matters.
2. CITY shall provide COUNTY with a Three Year
Housing Assistance Plan, (Hereinafter HAP) , at the
beginning of each three (3) year Joint Powers Agreement.
B. Program Performance by CITY. CITY shall:
1. Conduct the PROGRAM within Santa Clara County, for
the purpose of benefiting low and very low income
households.
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2. File progressive reports with COUNTY on the type
and number of services rendered through the operation
of the PROGRAM and a description of the beneficiaries
of these services, which reports shall evaluate the
manner in which the PROGRAM is achieving its objectives
and goals according to the standards established by the
COUNTY.
C. Fiscal Responsibilities of CITY. CITY shall:
1. Appoint and submit the name of the CITY managerial
staff who shall be responsible for the financial and
accounting CDBG activities of CITY, including the
receipt and disbursement of CITY CDBG funds. The COUNTY
shall immediately be notified in writing of the
appointment of a new fiscal agent and that agent's
name, and CITY will submit three (3) new signature
cards if applicable.
2. Establish and maintain an accounting system that
shall be in conformance with generally accepted
principles of accounting. The accounting system shall
be subject to review and approval of COUNTY.
3. Document all PROGRAM costs by maintaining records
in accordance with Section III, Paragraph D below.
4. Submit to the COUNTY request for reimbursement, as
needed, supported by documentation as agreed to by CITY
and COUNTY.
5. Certify current and continuous insurance coverage
of CITY, subject to approval of COUNTY and in
accordance with requirements as outlined in Exhibit "E"
(Insurance); and obtain certificate of sufficient
insurance from all subrecipients which shall list CITY
as additional insured.
6. Subparagraph C. 1) through 5) above are express
conditions precedent to disbursement of any COUNTY
funding and failure to comply with these conditions
may, at the discretion of COUNTY, result in the
suspension of funding or termination of specific
projects in non - compliance; or initiate the suspension
of funding or termination of this AGREEMENT as provided
for herein.
7. CITY is liable for repayment of all disallowed
costs. Disallowed costs may be identified through
audits, monitoring or others sources. CITY shall 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 -128, "Single Audits of State and
Local Governments ".
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D. Establishment and Maintenance of Records. CITY shall:
1. Maintain complete and accurate records of all its
CDBG transactions including, but not limited to,
contracts, invoices, time cards, cash receipts,
vouchers, canceled checks, bank statements, client
statistical records, personnel, property and all other
pertinent records sufficient to reflect properly:
a. All direct and indirect costs of whatever
nature claimed to have been incurred or
anticipated to be incurred to perform this
Agreement or to operate the PROGRAM; and
b. All other matters covered by this Agreement.
E. Preservation of Records. CITY shall preserve and make
available its records:
1. Until the expiration of five years from the date
of final payment to CITY under this Agreement; or
2. For such longer period, if any as is required by
applicable law; or
3. If this Agreement is completely or partially
terminated, the records relating to the work terminated
shall be preserved and made available for a period of
five years from the date of termination.
F. Examination of Records; Facilities. At any time during
normal business hours, and as often as may be deemed
necessary, CITY agrees that HUD and the COUNTY, and /or any
duly authorized representatives may until expiration of: (a)
five years after final payment of this Agreement, (b) five
years from the date of termination of this Agreement, or (c)
such longer period as may be described by law: have access
to and the right to examine CITY CDBG records and
facilities, and the offices and facilities of CITY'S
subrecipients, used in performance of this Agreement or the
operation of the PROGRAM and all matters covered by this
Agreement. CITY also agrees that COUNTY or any duly
authorized representatives shall have the right to audit,
examine, and make excerpts or transactions of and from, such
records and to make audits of all contracts and
subcontracts, invoices, payrolls, records of personnel,
conditions of employment, materials and all other data
relating to the PROGRAM and matters covered by this
Agreement. CITY will be notified in writing of intended
audits. CITY will be required to respond in writing to the
BCD Program Manager to any audit findings, and have the
responses included in the final audit report. The cost of
any such audit will be borne by COUNTY.
G. Compliance with Law. COUNTY and CITY staff shall
become familiar and comply with and require all its
subcontractors, independent contractors and employees,
if any, to become familiar and comply with all
applicable Federal, State and local laws, ordinances,
codes, Regulations and decrees including, but not
limited to, those Federal rules and Regulations,
executive orders, and statutes identified in "F"
ASSURANCES." Specifically, COUNTY and CITY shall
comply with the requirements of OMB Circular No. A -87,
"Principles for Determining Costs Applicable to Grants
and Contracts with State, Local and Federally
recognized Indian Tribal Governments ", and OMB Circular
A -128 "Audits of State and Local Governments ".
In addition, CITY AND 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.
IV. OBLIGATIONS OF COUNTY
A. Method of Payment. During the term of this Agreement,
COUNTY shall reimburse CITY for all allowable costs and
expenses incurred in connection with the PROGRAM, not to
exceed the total sum of the beginning fiscal year Cash
Control Record plus all Program Income accrued during the
fiscal year. Reimbursement for eligible expenses will be
paid by COUNTY within thirty days (30) of the date the
reimbursement request is received by COUNTY HCD staff, under
the proviso that the CITY has complied with all PROGRAM
regulations, and contract conditions agreed to by CITY and
COUNTY.
Reimbursement may be held back, in part or in full, by
COUNTY, in the event of CITY'S non - compliance to PROGRAM
regulations and conditions. Non - compliance includes, but is
not limited to, incomplete documentation of expenses,
failure to submit adequate documentation of PROGRAM
progress as described in V., paragraph B., of this
Agreement, failure to provide and maintain an accounting
system that shall be in conformance with generally accepted
principles of accounting, or based on the suspension or
termination of the Grant to COUNTY made pursuant to the
Housing and Community Development Act of 1974, as amended.
B. In the case of CITY non - compliance prior to exercising
any recourse authorized herein, COUNTY shall initiate the
following procedure:
1. Notify the CITY Coordinator in writing of the
alleged non - compliance and request an immediate meeting
between CITY Coordinator and COUNTY HCD Program Manager
to resolve issue(s). If issue(s) is(are) not resolved
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satisfactorily within thirty (30) days, notify CITY
Manager in writing requesting an immediate meeting
between CITY Manager, CITY Coordinator and COUNTY HCD
Program Manager to resolve the issue(s).
2. Determine if any portion of the reimbursement
request meets all eligible criteria, and if so,
authorize payment for the eligible portion of the
reimbursement request;
3. Review the procedure to by followed under V. C. of
this Agreement (CONTRACT COMPLIANCE, Corrective Action
Procedure); and
4. If applicable, forward a written report to HUD's
Regional Office detailing the non - compliance issues ar:
the steps being instituted to correct performance, cor
to the CITY Manager.
V. CONTRACT COMPLIANCE
A. Monitoring and Evaluation of Services. Evaluation and
monitoring of the PROGRAM performance shall be the mutual
responsibility of both COUNTY and CITY, with the
understanding that HUD looks to COUNTY as the sole
responsible party for meeting PROGRAM requirements. CITY
shall furnish data, statements, records, information and
reports as mutually agreed to by CITY and COUNTY as
necessary for COUNTY to monitor, review and evaluate the
performance of the PROGRAM and its components. COUNTY shall
have the right to request the services of an outside agent
to assist in any such evaluation. Such services shall be
paid for by COUNTY.
B. Contract Noncompliance. Upon receipt by COUNTY of any
information that evidences a failure by CITY to comply with
any provision of this Agreement (24 CFR 85.43 "Enforcement ")
COUNTY shall have the right to require corrective action to
enforce compliance with such provision. Areas of non-
compliance include but are not limited to:
1. If CITY knowingly shall have 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 Agreement which may materially jeopardize or
adversely affect the undertaking of or the carrying out
of the PROGRAM.
3. If CITY shall have taken any action pertaining to
the PROGRAM which required COUNTY approval without
having obtained such approval.
4. If CITY is in default under any provision of this
Agreement.
5. If CITY makes improper use of COUNTY funds.
6. If CITY fails to meet all provisions of the COUNTY
CDBG Reallocation Guidelines, or Joint Powers
Agreement.
C. Corrective Action Procedure. Once non - compliance is
established the following procedure shall be initiated:
1. COUNTY HCD Program Manager and CITY Manager shall
negotiate a time frame and course of action for
correcting the non - compliance;
2. Under this Agreement, CITY shall provide COUNTY
with a written plan and time frame for correcting the
non - compliance issue (s). Such plan shall be submitted
by CITY to COUNTY within thirty (30) days of the
initial non - compliance meeting between CITY and COUNTY.
3. CITY must initiate the
procedure within sixty (60) days
compliance meeting between the
Manager and the CITY Coordinatc
discretion, may extend this time
circumstances);
corrective action
of the initial non-
COUNTY HCD Program
it (COUNTY, at their
line for extenuating
4. COUNTY shall have the right to require the
presence of CITY officers at any hearing or meeting
called for the purpose of considering corrective
action; and
5. CITY has the right to appeal all findings of non-
compliance, and subsequent corrective action, with both
the COUNTY Board of Supervisors and HUD.
D. Termination for Cause. Notwithstanding anything to the
contrary contained in the foregoing, COUNTY may terminate or
suspend this Agreement by written notice to CITY if the non-
compliance issue(s) have not been addressed and resolved
within the aforementioned corrective action plan time
period, if CITY is in bankruptcy or receivership, if a
member of CITY'S management is the subject of investigation
for wrongdoing in connection with the CDBG program
(termination or suspension shall be applied only to that
portion of the CDBG program for which the investigated
person is responsible), or if there is reliable evidence
that CITY is unable to operate the PROGRAM. Suspension of
payment or termination under this section shall be effective
on the date notice of termination is received by CITY, or
such later date as may be specified in the notice.
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VI. PROGRAM
A. COUNTY. The County Executive shall assign a single
PROGRAM MANAGER for COUNTY who shall render overall
supervision of the progress and performance of this
Agreement by COUNTY. All services agreed to be performed by
COUNTY shall be under the overall direction of the PROGRAM
MANAGER.
B. CITY. As of the date hereof, CITY has designated
to serve as CITY
CDBG Program Coordinator, and CITY MANAGER
(or assignee approved by the
CITY Council) to assume overall responsibility for the
progress and execution of this Agreement. The COUNTY shall
be immediately notified in writing of the appointment of a
new CITY CDBG Program Coordinator, or a new CITY Manager (or
assignee approved by the CITY Council).
C. NOTICES. All notices or other correspondence required
or contemplated by this Agreement shall- be sent to the
parties at the following addresses:
COUNTY Housing and Community Development Program
c/o Charles Chew, HCD Program Manager
1735 North First Street, Suite 265
San Jose, CA 95112
CITY
Name of CITY
Address of CITY
Name of CITY MANAGER
All notices shall either be hand delivered or sent by United
States mail, registered or certified, postage prepaid.
Notices given in such a manner shall be deemed received when
hand delivered or seventy -two (72) hours after deposit in
the United States mail. Any party may change his or her
address for the purpose of this section by giving five days
written notice of such change to the other party in the
manner provided in this section.
VII. TERMINATION
A. In addition to the COUNTY'S right to terminate for
cause set forth in Section V, either COUNTY or CITY may
suspend or terminate this Agreement as provided for in 24
CPR 570, at Subpart J "Grant Administration ", and /or 24 CFR
85.44 "Termination for Convenience ". Provisions of the
Reallocation Guidelines will apply, but may be adjusted if
termination is for cause.
B. Upon terminati�- , either under this Section VII or
Section V, CITY shall:
1. be paid for all documented services actually
rendered to COUNTY to the date of such termination;
provided, however, COUNTY shall be obligated to
compensate CITY only for that portion of CITY'S
services which are allowable costs and expenses as
determined by an audit or other monitoring device;
2. turn over to COUNTY immediately any and all copies
of studies, reports and other data, whether or not
completed, prepared by CITY or its subcontractors or
subrecipients, if any, in connection with this
Agreement. Such materials shall become property of
COUNTY. CITY, however, shall not be liable for COUNTY'S
use of completed documents if used for other than the
services contemplated by this Agreement; 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 agreement per the provisions of the Santa
Clara County CDBG REALLOCATION GUIDELINES.
C. Upon termination of this Agreement, CITY shall
immediately provide COUNTY access to and copies of (if
requested) all documents, records, payroll, minutes of
meetings, correspondence and all other data pertaining to
the CDBG entitlement fund granted to CITY pursuant to this
Agreement.
VIII. USE AND DISPOSAL OF REAL OR PERSONAL PROPERTY
CITY and COUNTY will be accountable for all applicable
Federal Regulations as detailed by 24 CFR Part 570, Subpart
J, i.e. 570.500 (Definitions), 570.503 (Agreements with
Subrecipients), 570.504 (Program Income), and 570.505 (Use
of Real Property) with regards to the use and disposal of
Real or Personal Property purchased in whole, or in part,
with CDBG funds.
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In addition, 24 CPR Part 85 (The Common Rule) includes
definitions under 24 CPR Part 85.3, however, Common Rule
85.31 (Real Property) DOES NOT APPLY TO CDBG ACTIVITIES.
The following definitions will apply to this Agreement.
A. Definitions. 24 CPR, 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 CPR, Part 85.32
(a) .
3. Use as defined in detail in 24 CPR, Part 85.32 (c)
W. —
4. Supplies as defined in detail in 24 CPR, Part
85.33.
5. Procurement, Use and Disposition of Real Property
as defined in detail by 24 CPR, Part 570.503
(Agreements With Subrecipients), 570.505 (Use of Real
Property), and 570.504 (Program Income).
IX. PROGRAM INCOME
Income generated by the PROGRAM shall be regulated by all
provisions of 24 CPR 570 Subpart J "Grant Administration ", and
the Santa Clara County CDBG REALLOCATION GUIDELINES. (C. 1. a.-
c.)
X. INDEPENDENT CONTRACTOR
This is an Agreement by and between independent contractors
and is not intended and shall not be construed to create the
relationship of agent, servant, employee, partnership, joint
venture or association between CITY and COUNTY. CITY, including
its officers, employees, agents, independent contractors or
subcontractors, shall not have any claim under this Agreement or
otherwise against COUNTY for any Social Security, Worker's
Compensation, or employee benefits extended to employees of
COUNTY.
XI. ASSIGNABILITY
A. This Agreement may not be assumed nor assigned to
another CITY, CORPORATION, PERSON, PARTNERSHIP or any other
entity without the prior written approval of COUNTY.
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B. None of the work or services to be performed hereunder
shall be assigned, delegated or subcontracted to third
parties without the prior written approval of COUNTY. Copies
of all third party contracts shall be submitted to COUNTY at
least ten days prior to the proposed effective date. In the
event COUNTY approves of any such assignment, delegation or
sub - contract, the subcontractors, assignees or delegates
shall be deemed to be employees of CITY, and CITY shall be
responsible for their performance and any liabilities
attaching to their actions or omissions. The use of the
word "employees" in this paragraph is limited solely to
activities by those persons described herein, related to the
management and potential repayment of the program funds
provided for in the Contract. The use of the term here does
not create liability for personal injuries, worker's
compensation or other forms of liability, obligation or
responsibility which flow from employee /employer
relationships.
XII, DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION
COUNTY and CITY agree to maintain the confidentiality of any
information regarding applicants for services offered by the
PROGRAM pursuant to this Agreement or their immediate families
which may be obtained through application forms, interviews,
tests, reports from public agencies or counselors, or any other
source. Without the written permission of the applicant, such
information shall be divulged only as necessary for purposes
related to the performance or evaluation of the services and work
to be provided pursuant to this Agreement, and then only to
persons having responsibilities under this Agreement, including
those furnishing services under the PROGRAM through approved
subcontracts.
XIII. HOLD HARMLESS
In addition to the indemnity set forth in Exhibit "E ", CITY
shall indemnify and hold harmless, the COUNTY, its employees and
elected officials, boards and commissions, with respect to any
damages, including attorney's fees and court costs, arising from:
1) any negligent act or omission, or willful
misconduct arising out of any work or service performed by
CITY, its officers, employees, agents or subcontractors
under the PROGRAM or this Agreement, including but not
limited to the evaluation and monitoring of subrecipient's
PROGRAM performance.
COUNTY shall indemnify, defend and hold harmless, the CITY,
its employees, officers, officials, boards and commissions, and
agents, with respect to any claims, causes of action, or damages,
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including attorney's fees and court costs, arising from:
1) the failure of COUNTY to reimburse CITY for
eligible costs as defined by HUD and this Agreement; and
2) any negligent act or omission, or willful
misconduct arising out of any work or service performed by
COUNTY, its officers, employees, agents or subcontractors
under the PROGRAM or this Agreement.
XIV. WAIVER OF RIGHTS AND REMEDIES
In no event shall any payment by COUNTY constitute or be
construed to be a waiver by COUNTY of any breach of the covenants
or conditions of this Agreement or any default which may then
exist on the part of CITY, and the making of any such payment
while any such breach or default shall exist shall in no way
impair or prejudice any right or remedy available to COUNTY with
respect to such breach or default. In no event shall payment to
CITY by COUNTY in any way constitute a waiver by COUNTY of its
rights to recover from CITY the amount of money paid to CITY on
any item which is not eligible for payment under the PROGRAM or
this Agreement.
XV. NONDISCRIMINATION
In connection with the performance of this Agreement, CITY
assures that no person shall be subject to discrimination because
of sex, race, religion, ethnic background, sexual preference,
age, handicapped status, or union activity.
XVI. AMENDMENTS
Amendments to the terms or conditions of this Agreement
shall be requested in writing by the party desiring such
amendments, and any such amendment shall be effective only upon
the mutual Agreement in writing of the parties hereto.
XVII. INTEGRATED DOCUMENT
This Agreement, 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 Agreement shall
affect or modify any of the terms of obligations contained in any
documents comprising this Agreement.
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XVIII. ATTORNEY'S FEES
In the event it becomes necessary for any party to obtain legal counsel to
enforce the terms of this contract, the prevailing party shall be entitled to
recover reasonable attorney's fees and costs.
XIX. MISCELLANEOUS
A. The captions of this agreement are for convenience of reference
only, and the words contained therein shall in no way be held
to explain, modify, amplify or aid in the interpretation,
construction or meaning of the provisions of this Agreement.
B. All exhibits attached hereto and referred to in this Agreement
are incorporated herein by this reference as if set forth fully
herein.
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IN WITNESS WHEREOF, the parties have executed this Agreement in
duplicate on the 20th day of August, 1991.
APPROVED AS TO FORM AND LEGALITY:
LESLIE ORTA
Deputy County Counsel
ATTEST:
DONALD M. RAINS
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:
KATHERINE ANDERTON
Town Attorney
ATTEST:
MARIAN V. COSGROVE
Clerk of the Town of Los Gatos
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COUNTY OF SANTA CLARA
CHAIRPERSON
Board of Supervisors
TOWN OF LOS GATOS
DAVID KNAPP
Town Manager
EXHIBIT E
COMMUNITY DEVELOPMENT BLOCK GRAIN tiJ tS DD
GRANTEE CERTIFICATIONS APR15 i9a1
COUNTY OF SANTA CIRpA
In accordance with the Housing and Community Development Act o�C`2974, as
amended, and with 24 CFR 570.303 of the Community Development Block Grant
regulations, the grantee' certifies that:
(a) It possesses legal authority to make a grant. submission and to
execute a community development and housing program;
(b) Its governing body has duly adopted or passed as an official act
a resolution, motion or similar action authorizing the person
identified as the official representative of the grantee to submit
the final statement and amendments thereto and all understandings
and assurances contained therein, and directing and authorizing
the person identified as the official representative of the grantee
to act in connection with the submission of the final statement and
to provide such additional information as may be required;
(c) Prior to submission of its final statement -to HUD, the grantee has:
1. Met the citizen participation requirements of F570.301(b);
2. Prepared its final statement of community development
objectives and projected use of funds in accordance with
5570.301(c) and made the final statement available to the
public;.
(d) It is following a detailed citizen participation plan which:
1. Provides for and encourages citizen participation, with
particular emphasis on participation by persons of low and
moderate income who are residents of slum and blighted areas
and of areas in which funds are proposed to be used, and
provides for participation of residents in low and moderate
income neighborhoods as defined by the local jurisdiction;
2. Provides citizens with reasonable and timely access'to local
meetings, information, and records relating to the grantee's
proposed use of funds, as required by the regulations of the
Secretary, and relating to the actual use of funds under the
Act;
3. Provides for technical assistance to groups representative of
persons of low and moderate income that request such assistance
in developing proposals with the level and type of assistance
to be determined by the grantee;
1/90
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4. Provides for public hearings to obtain citizen views and to
respond to proposals and questions at all stages of the
community development program, including at least the
development of needs, the review of proposed activities, and
review of program performance, which hearings shall be held
after adequate notice, at times and locations convenient to
potential or actual beneficiaries, and with accommodation for
the handicapped;
5. Provides fora timely written answer to written complaints and
grievances, within 15 working days where practicable; and
6. Identifies how the needs of non - English speaking residents will
be met in the case of public hearings where a significant number
of non - English speaking residents can be reasonably eNnected to
participate;
(e) The grant will be conducted and administered in compliance with:
1. Title vI of the Civil Rights Act of 1964 (Public Law 88 -352,
42 U.S.C. 52000d et seq.); and
2. The Fair Housing Act (42 U.S.C. 3601 -20);
•(f) It will affirmatively further fair housing;
(g) It has developed its final statement of projected use of funds 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 final statement of projected use of funds 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); except that the aggregate use of CUBG funds
received under section 106 of the Act, and if applicable, under
section 108 of the Act, during the 1991/1992 program year(s) (a
period specified by the grantee consisting of one, two, or three
consecutive years'), shall principally benefit persons of low and
moderate income in a manner that ensures that not less than 70 percent
of such funds are used for activities that benefit such persons during
such period;
(h) It has developed a community development plan, for the period
specified in paragraph (g) above, that identifies community
development and housing needs and specifies both short and long -term
ommunity development objectives that have been developed in
_ccordance with the primary objective and requirements of the Act;
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(i) It is following:
1. A current housing affordability strategy which has been
approved by HUD in accordance with section 105 of the
Cranston - Gonzalez National Affordable Housing Act; or
2. A housin.c assistance plan which was approved by HUD during
the 180 day period beginning November 28, 1990, or during
such longer period.as may be prescribed by the Secretary in
any case for good cause.
(j) It will not attempt to recover any capital costs of public
improvements assisted in whole or in part with funds provided under
section 106 of the Act or with amounts resulting from a guarantee
under section 108 of the Act by assessing any amount against
properties cwne(i and occupied by persons of low and mcderate -.- cane,
including any fee charged or assessment made as a condition r
obtaining access to such public improvements, unless:
1. Funds received under section 106 of the Act are used to pay the
proportion of such fee or assessment that relates to the capita=
costs of such public improvements that are financed from reven_a
sources other than under Title I of the Act; or
2. For purposes of assessing any amount against properties owner
and occupied by persons of moderate income, the grantee
certifies to the Secretary that it lacks sufficient funds
received under.section 106 of the Act to comply with the
requirements of subparagraph (1) above;
(k) Its notification, inspection, testing and abatement procedures
concerning lead -based paint will comply with 5570.608;
(1) It will comply with the acquisition and relocation requirements of the
Uniform Relocation Assistance and Peal Property Acquisition
Policies Act of 1970 as required under 5570.606(a) and Federal
implementing regulations; the requirements in 5570.606(b) governing
the residential antidisplacement and relocation assistance plan under
section 104(d) of the Act (including a certification that the erantee
is following such a plan)- the relocation requirements of 5570.606(c)
governing displacement su -ject to section 104(k) of the Act; and ^:e
relocation reeuirements of 5570.606(d) governing optional relocation
assistance under section 105(a)(11) of the Act;
(m) It has adopted and is enforcing:
1. 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
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2. 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;
(n) To the best of its knowledge and belief:
1. 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 Federal loan, the entering into of any
cooperative agreement, and the extension, continuatic :., renewal,
amendment, or modification of any Federal contract, c=ant, loan.,
or cooperative agreement; ,
2. If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting
to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress,' or an employee o *"
a 6;erber of Ccngress 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
3. it will require that.the language of paragraph (n) of
this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly;
(o) 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 po L -y of maintaining a drug -free workplace;
(c) any available dr,_ counseling, rehabilitation, and employee
assistance programs; and
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(d) penalties that may be imposed upon emplovees for dreg
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 f.,_
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 eclplcyee or
otherwise receiving actual notice of such conviction. Employers
of convicted employees must provide notice, includina positicn
title, to every grant officer or other designee on whose crant
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 cf
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 druc -free
workplace through implementation of paragraphs 1, 2, 3, 4, 5
and 6.
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8. 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; and
(p) It will comply with the other provisions of the Act and with other
aoolicable laws.
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EXHIBIT F
ASSURANCES. CITY 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. Specifically CITY
gives assurances and certifies with respect to the PROGRAM that
it is in compliance with the following Regulations as defined by
24 CPR Part 570, Subpart J; 24 CFR Part 570, Subpart K; and will
be conducted and administered in conformity with "Public Law
88 -352 and Public Law 90- 284. ":
1. 570.601 Public Law 88 -352 and Public Law 90 -284;
affirmatively furthering fair housing; Executive Order
11063, as amended by Executive Order 12259 addresses
discrimination. HUD regulations implementing Executive
order 11063 are contained in 24 CFR, Part 107.
2. 570.602 Section 109 of the Act addresses
discrimination.
3. 570.603 Labor Standards.
4. 570.604 Environmental Standards.
5.
570.605
National Flood Insurance
Program.
6.
570.606
Relocation, Displacement
and Acquisition.
7. 570.607 Employment and Contracting Opportunities.
8. 570.608 Lead Based Paint.
9. 570.609 Use of Debarred, Suspended, or Ineligible
Contractors or Subrecipients.
10. 570.610 Uniform Administrative Requirements and Cost
Principles. The COUNTY, its subrecipients, agencies or
instrumentalities, shall comply with the policies,
guidelines, and requirements of 24 CFR, Part 85, and
OMB Circulars A -87 (Cost Principles for State and Local
Governments), A -110 (Grants and Agreements with Non -
Profit Organizations), A -122 (Cost Principles for Non -
Profits), and A -128 (Audits of State and Local
Governments - implemented at 24 CFR Part 24), as
applicable, as they relate to the acceptance and use of
Federal funds under this part. The applicable sections
of 24 CFR Part 85 and OMB Circular A -100 are set forth
at 570.502.
11. 570.611 Conflict of Interest.
15
12. 570.612 Executive Order 12372 allow
establish its own process for review and
proposed Federal financial assistance
specifically the use of CDBG funds for the
or planning of water or sewer facilities.
jkw /disc. $7 /city.con /8 -9 -89 revised
1 r
s States to
comment on
programs,
construction
EXHIBIT 'G•
BASIC INSURANCE REQUIREMENTS FOR
NON- CONSTRUCTION /NON- PROFESSIONAL SERVICES CONTRACTS
Indemnity
The Contractor shall indemnify, defend, and hold harmless the
County of Santa Clara (hereinafter "County "), its officers,
agents and employees from any loss, liability, claim, 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 solely
by the acts or omissions 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 Coverage
Prior to commencement of this Agreement, the Contractor
shall provide on the County's own form or a form approved by
the County's Insurance Manager an original plus one copy of
a Certificate of Insurance certifying that coverage as
required herein has been obtained and remains in force for
the period required by the Agreement. The County's Special
Endorsement form shall accompany the certificate.
Individual endorsements executed by the insurance carrier
may be substituted for the County's Special Endorsement form
if they provide the coverage as required. 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 address
as shown on the County's Certificate of Insurance form. 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.
M
B. Notice of Cancellation of Reduction of Coverage
All policies shall contain a special provision for thirty
(30) days prior written notice of any cancellation or
reduction in coverage to be sent to the Clerk of the Board
of Supervisors, 70 W. Hedding Street, San Jose, CA 95110,
or to the address shown on the Certificate of Insurance.
C. Qualifying Insurers
All policies shall be issued by companies which hold a
current policy holder's alphabetic and financial size
category rating of not less than A XIII, according to the
current Best's Key Rating Guide, unless otherwise approved
by the County's Insurance Manager.
D. Insurance Required
Comprehensive General Liability Insurance - for bodily
injury (including death) and property damage which
provides limits of not less than one million dollars
($1,000,000) combined single limit (CSL) per
occurrence.
IOU
2. Commercial General Liability Insurance - for bodily
injury (including death) and property damage which
provides limits as follows:
a. General limit per occurrence - $1,000,000
b. General limit aggregate - $2,000,000
C. Products /Completed Operations- $1,000,000 aggregate
d. Personal Injury limit - $1,000,000
If coverage is provided under a Commercial General
Liability Insurance form, the carrier shall provide the
County Insurance Manager with a quarterly report of the
amount of aggregate limits expended to that date. If
over 50% of the aggregate limits have been paid or
reserved, the County may require additional coverage to
be purc-ssed by the Contractor to restore the required
limits.
3. For either type insurance, coverage shall include:
a. Premises and Operations
b. Products /Completed Operations with limits of one
million dollars ($1,000,000) per occurrence/
aggregate to be maintained for two (2) years
following acceptance of the work by the County.
4.
c. Contractual Liability expressly including
liability assumed under this Agreement
d. Personal Injury liability with deletion of
exclusions for:
1) liability assumed under contract, and
2) suits brought by employees
e. Independent Contractors' liability
f. Severability of Interest clause providing that the
coverage applies separately to each insured except
with respect to the limits of liability.
For either type insurance, coverage shall include the
followin
----_q endorsementsL c2
pies of which shall be
-- - --- - - - - -- — -- - -- — -- - -- provided --
to the County:
a. Additional Insured Endorsement:
Such insurance as is afforded by this policy shall
also apply to the County of Santa Clara, and
members of the Hoard 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.
b. Primary Insurance Endorsement:
Such insurance as is afforded by the additional
insured endorsement shall apply as primary
insurance, and other insurance maintained by the
County of Santa Clara, its officers, agents, and
employees shall be excess only and not
contributing with insurance provided under this
policy.
C. Notice of Cancellation or Change of Coverage
Endorsement:
This policy may not be cancelled nor the coverage
reduced by the Company without 30 days prior
written notice of such cancellation or reduction
in coverage to the County of Santa Clara at the
address shown on the Certificate of Insurance.
d. Contractual Liability Endorsement:
This policy shall apply to liability assumed by
the insured under written contract with the County
of Santa Clara.
M
e. Personal Injury Endorsement:
The provisions of this policy shall provide
Personal Injury coverage, including deletion of
the standard exclusions for liability assumed
under contract and suits brought by employees.
f. Severability of Interest Endorsement:
The insurance afforded by this policy shall apply
separately to each insured who is seeking coverage
or against whom a claim is made or a suit is
brought, except with respect to the Company's
limit of liability.
5. Claims Made Coverage - If coverage is written on a
claims eade basis, the Certificate of Insurance shall
clearly state so and evidence of coverage extending
from the date of execution of this Agreement, or from
the date of the first performance of services,
whichever date is earlier, until three (3) years from
the date the work or services are accepted as completed
shall be included. The following additional
information shall be provided:
a. Defense coverage included in the limit (Yes or No)
b. Aggregate limitation
- General aggregate
- Products /Completed Operations aggregate
C. Retroactive date, which shall be no later tha:. the
date of execution of the Agreement or the date of
first performance of services, whichever date is
earlier
d. Length of time for extended reporting period
e. Limitations on invoking reporting period (if other
than non - payment)
f. Is "Notice of Circumstances" allowed (Yes or No)
6. Comprehensive Automobile /Aircraft /Watercraft 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 to all owned, non -owned
and hired vehicles /aircraft /watercraft. This coverage
may be waived in writing by County if it determines
there is no significant exposure to these risks.
Worker's Comoensation and Employer's Liability Insurance
for: —
a. Statutory Californ
coverage including
endorsement.
b. Employer's Liability
one million dollars
for all employees
operations under this
is Workers' Compensation
a broad form all- states
coverage for not less than
($1,000,000) per occurrence
engaged in services or
Agreement.
C. Inclusion of the County and its governing
board(s), officers, representatives, agents, and
employees as additional insureds, or a waiver of
subrogation.
Special Provisions
The following provisions shall apply to this Agreement:
a. 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.
b. 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.
C. Should any of the work under this Agreement be
sublet, the Contractor shall require each of its
subcontractors of any tier to provide the
aforementioned coverages, or Contractor may insure
subcontractors under its own policies.
d. The County reserves the right to withhold payments
to the Contractor in the event of material
noncompliance with the insurance requirements
outlined above.
dF
Bond Requirements
A. Contract Bonds - Prior to execution of the Contract,
Contractor shall file with the County on the approved
forms, the two surety bonds in the amounts and for the
purposes noted below, duly executed by a reputable
surety company satisfactory to County, and Contractor
shall pay all premiums and costs thereof and incidental
thereto.
Each bond shall be signed by both Contractor and the
sureties.
1) The "payment bond for public works" shall be in an
amount of one hundred percent (1008) of the
Contract price, as determined from the prices in
the bid form, and shall insure to the benefit of
persons performing labor or furnishing materials
in connection with the work of the proposed
Contract. This bond shall be maintained in full
force and effect until all work under the Contract
is completed and accepted by the County, and until
all claims for materials and labor have been paid.
2) The "performance bond" shall be in an amount of
one hundred percent (1008) of the Contract price
as determined from the prices in the bid form. and
shall insure the faithful performance by
Contractor of all work under the Contract. It
shall also insure the replacing of, or making
acceptable, any defective materials or faulty
workmanship.
Should any surety or sureties be deemed
unsatisfactory at any time by the County notice
will be given Contractor to that effect, and
Contractor shall forthwith substitute a new surety
or sureties satisfactory to the County. No
further payment shall be deemed due or will be
made under the Contract until the new sureties
qualify and are accepted by the County.
All alterations, time extensions, extra and
additional work, and other changes authorized by
the Specifications, or any part of the Contract,
may a made without securing consent of the surety
or reties on the contract bonds.
B. Fidelit >ond - Before receiving compensation under
this Ag: ament, Contractor will furnish County with
evidence that all officials, employees, and agents
handling or having access to funds received or
disbursed under this Agreement, or authorized to sign
or countersign checks, are covered by a BLANKET
FIDELITY BOND in an amount of AT LEAST fifteen percent
(158) of the maximum financial obligation of the County
cited herein. If such bond is cancelled or reduced,
Contractor will notify County immediately, and County
may withhold further payment to Contractor until proper
coverage has been obtained. Failure to give such
notice may be cause for termination of this Agreement,
at the option of the County.
jnb
legal.insuranc.g
6/6/91