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05 Staff Report - 2005/06 Community Development Block Grant
~owN of MEETING DATE: 11/7/05 ITEM NO. COUNCIL AGENDA REPORT GASES DATE: October 20, 2005 TO: MAYOR AND TOWN COUNCIL ' FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE THE FY 2005/06 COMMUNITY DEVELOPMENT BLOCK GRANT CITY-COUNTY CONTRACT WITH THE COUNTY OF SANTA CLARA RECOMMENDATION: Adopt a Resolution authorizing the Town Manager to execute the FY 2005/06 Community Development Block Grant (CDBG) City-County Contract with the County of Santa Clara, and delegating authority to execute contracts for FY 2006/07 and FY 2007/08. BACKGROUND: The Town has participated in the Santa Clara Urban County CDBG Program since 1975. Through this program, the Town receives federal CDBG funds for activities which benefit primarily very low and low income households, including Americans with Disabilities Act (ADA) modifications, affordable housing developments, the Housing Conservation Program, and service programs administered by local nonprofit agencies. Every three years the Town enters into a Joint Powers Agreement with Santa Clara County, which allows the County to receive CDBG funds from the United States Department of Housing and Urban Development (HUD) on behalf of the Town and other non-entitlement cities in Santa Clara County (those with a population less than 50,000). The current JPA covers the period from October 1, 2005 through September 30, 2008. Federal regulations require that the Town and County also execute a City-County Contract each fiscal year; this contract allows the County to disburse CDBG funds to the Town. PREPARED BY: Regina A. F VCDBGontract mmunity Services Director N:\CSD\TCRPTS\2005 TCRPTS\City County 05-06.wpd Reviewed by: Assistant Town Manager X~Town Attorney Clerk Administrator "inane Community Development Revised: 10/20/05 9:32 am Reformatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: FY 2005/06 COMMUNITY DEVELOPMENT BLOCK GRANT CITY-COUNTY CONTRACT October 20, 2005 DISCUSSION: The attached City-County Contract (Exhibit A of Attachment 1) covers FY 2005/06. As noted above, this contract is required in order to allow the County to disburse CDBG funds to the Town. The Town can not receive any reimbursement of eligible CDBG expenses unless a valid City-County Contract is in place. This annual contract, effective July 1, is generally provided to the Town in the fall for approval and execution. Exhibit I of the City-County Contract concerns the administration of the Town's Housing Conservation Program, which is performed by County staff. The Housing Conservation Program provides funds to income-eligible homeowners to finance essential home repairs. CONCLUSION: Staff recommends that Council adopt a Resolution authorizing the Town Manager to execute the FY 2005/06 Community Development Block Grant City-County Contract with the County of Santa Clara, and delegate authority to execute contracts for FY 2006/07 and FY 2007/08. This will allow the Town Manager to sign City-County Contracts for the duration of the existing Joint Powers Agreement. ENVIRONMENTAL ASSESSMENT: The recommended action is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: The 2005/06 City-County Contract will govern a total of $279,069.09 in CDBG funds (Attachment 2). This figure is the sum of the allocation for this fiscal year ($156,491.00) and the remaining balance from previous years' allocations ($122,578.09). HUD requires that the fund balance at the end of any fiscal year not exceed 1.5 times the new allocation for that fiscal year. The estimated fund balance at the end of FY 2005/06 is $84,009.10, which would represent a fund balance ratio of 0.54, well under the maximum ratio of 1.5 specified by HUD. A sizeable amount of the funds to be spent during the year ($86,458.69) will be for ADA compliance projects. All CDBG allocations are adopted as part of the Town's annual operating budget. Attachments: Draft Resolution of the Town Council of the Town of Los Gatos authorizing the Town Manager to execute the FY 2005/06 Community Development Block Grant City-County PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: FY 2005/06 COMMUNITY DEVELOPMENT BLOCK GRANT CITY-COUNTY CONTRACT October 20, 2005 Contract between the County of Santa Clara and the Town of Los Gatos and delegating authority to execute contracts for FY 2006/07 and FY 2007/08 (with Exhibit A) 2. List of CDBG Projects for FY 2005/06 (Cash Control Record) Distribution: Marjorie Matthews, Director, County of Santa Clara Office of Affordable Housing, 1735 North First Street, Suite 265, San Jose, CA, 95112 Attachment 1 RESOLUTION 2005- 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 of Housing and Urban Development also requires the County of Santa Clara and participating cities to enter into individual, annual contracts; and NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE THAT THE TOWN MANAGERIS AUTHORIZED TO EXECUTE: 1 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 day of November, 2005, by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA NACSD\TCRPTS\Resolutions\City County Contract 05-06.wpd2 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. Santa Clara County FY 05/06 City/County Contract Office of Affordable Housing Community Development Block Grant Program As a condition of this Contract, CITY has provided numerous exhibits marked "A" through "D" as noted herein, attached to this Contract, incorporated by this reference, as though fully set forth as follows: Exhibit "A" (Agency Description), Exhibit "B" (Project Work Plan), Exhibit "C" (Proposed Implementation Time Schedule), and Exhibit "D" (Budget). Attached hereto and incorporated herein are the County's Exhibits as follows: Exhibit "E" (Certifications), Exhibit "F" (Assurances), Exhibit "G" (Insurance), if applicable, Exhibit "H" (Urban County Rehabilitation Services), and Exhibit "I". (Contracting Principles Declaration) for all allocated CITY projects and activities awarded funding during Fiscal Year 2005/06. IL TERM A. The purpose of this Contract is for the COUNTY to disburse CDBG funds. Unless amended prior to its expiration, the term of this Contract for disbursement purposes will begin on July 1, 2005and will terminate on June 30, 2006 or unless terminated earlier pursuant to Section VI or Section VII of this Contract. Invoices requesting disbursements submitted after the expiration of the contract will be honored only for charges incurred during the Contract term and received prior to the processing cut-off date. B. The term of expenditure by CITY for the grant amount provided for herein shall begin on July 1, 2005 and terminate on the earliest of the following dates as set forth herein: June 30, 2006, or later date per amendment to this Contract; the date of the expenditure of the total grant, and/or program income amount provided for herein; upon the termination date established pursuant to Section VI or Section VII of this Contract. III. OBLIGATIONS OF CITY A. Certifications by CITY: 1. City must provide COUNTY with written certification that the following information is on file at the CITY offices, and is subject to monitoring by HUD and/or COUNTY (County's Housing and Community Development Department, "OAH") OAH staff, or their representatives. a. Names and addresses of the current CITY Manager and CITY Council members; and b. Records of all discussions and actions taken at CITY Council meetings pertaining to the CDBG PROGRAM. C. Information and housing objectives for the Consolidated Plan at the beginning of each program year. Santa Clara County 2 FY 05/06 City/County Contract Office of Affordable Housing Community Development Block Grant Program B. PROGRAM Performance by CITY. 1. Conduct the PROGRAM within Santa Clara County, for the purpose of benefiting low and very low income households. 2. File quarterly reports with COUNTY 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. 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. C. Fiscal Responsibilities of CITY. 1. Identify the CITY's fiscal agent who is responsible for financial activities of CITY, including the receipt and disbursement of CITY CDBG funds. CITY will notify COUNTY in writing of the appointment of any subsequently appointed fiscal agent and that agent's name. 2. Maintain an accounting system that conforms with generally accepted principles of accounting. The accounting system is subject to review and approval of COUNTY. 3. 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. 6. 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. Santa Clara County 3 FY 05/06 City/County Contract Office of Affordable Housing Community Development Block Grant Program 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 may be 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." D. 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; 2. All direct and indirect costs of claims incurred or anticipated to be incurred to perform this Contract or to operate the PROGRAM; and E. Preservation of Records. CITY will preserve and make available its records: Until five years following expiration of this Contract, or 2. For such longer period, if any as is required by applicable law; or If this Contract is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of five years from the date of termination. F. Examination of Records: 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 maybe deemed reasonably Santa Clara County 4 FY 05/06 City/County Contract Office of Affordable Housing Community Development Block Grant Program 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: Santa Clara County 5 FY 05106 City/County Contract Office of Affordable Housing Community Development Block Grant Program 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: 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 Santa Clara County 6 FY 05/06 City/County Contract Office of Affordable Housing Community Development Block Grant Program 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 'T" 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 Santa Clara County 7 FY 05106 City/County Contract Office of Affordable Housing Community Development Block Grant Program 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 sole 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. Santa Clara County 8 FY 05/06 City/County Contract Office of Affordable Housing Community Development Block Grant Program 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 Santa Clara County Q FY 05/06 City/County Contract Office of Affordable Housing Community Development Block Grant Program addressed or resolved within the aforementioned corrective action plan time period; 2. If CITY is in bankruptcy or receivership; 3. 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 parry. 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 maybe 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 Transfer to the COUNTY any CDBG fiends 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. Santa Clara County 10 FY 05/06 City/County Contract Office of Affordable Housing Community Development Block Grant Program 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) 85.3: 1) 2) 3) 4) 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. Title as defined in detail in 24 CFR, Part 85.32 (a). Use as defined in detail in 24 CFR, Part 85.32 © (1). 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 Santa Clara County 1 FY 05/06 City/County Contract Office of Affordable Housing Community Development Block Grant Program 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 parry contracts must be submitted to COUNTY at least ten days prior to the proposed effective date. In the event COUNTY approves of any such assignment, delegation or sub-contract, the subcontractors, assignees or delegates will be deemed to be employees of CITY, and CITY will be responsible for their performance and any liabilities attaching to their actions or omissions. B. This Contract may not be assumed nor assigned to another CITY, person, partnership or any other entity without the prior written approval of COUNTY. The use of the word "employees" in this paragraph is limited solely to activities by those persons described herein, related to the management and potential repayment of the program funds provided Santa Clara County 12 FY 05/06 City/County Contract Office of Affordable Housing Community Development Block Grant Program 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 Requirernents," 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 3 FY 05106 City/County Contract Office of Affordable Housing Community Development Black Grant Program 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' 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 parry 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). Santa Clara County 14 FY 05/06 City/County Contract Office of Affordable Housing Community Development Block Grant Program 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 f CITY Manager Signed and certified that a copy of this document has been delivered by electronic j or other means to the Chair, Board of Supervisors ATTEST: - ATTEST: CITY Clerk Phyllis Perez Date i Clerk, Board of Supervisors I APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGALITY: I LEGALITY: CITY Attorney Date Leslie Orta Date Deputy County Counsel Print Name 05/06 City Contract Grg 8/08/05 Santa Clara County 15 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 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-01-52 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 I 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 - 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@losgatosea.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 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - FY 2005/06 EXHIBITS A - D AGENCY DESCRIPTION Project: ADA - Ross Creek Pedestrian Bridge 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-04-41 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. An7y'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 2005106 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 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. 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 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 2005106 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@losgatosca. 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: Housing Conservation Program Loans Project No.: LG-05-51 Agency: Town of Los Gatos Site: (same) 208 E. Main Street Los Gatos, CA 95030 Regina Falkner, Community Services Director phone (408) 354-6820 fax (408) 395-8640 comm-unity@losgatosca.gov PROJECT DESCRIPTION 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: 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:sa thatthey 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. BUDGET Line Item CDBG Budget Amount Salaries $7,500.00 Exhibits A - D Page 9 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY 2005/06 EXHIBITS A - D AGENCY DESCRIPTION Project: EHC Lifebuilders - Our House Project No.: LG-06-11 Agency: EHC Lifebuilders Site: 480 East William Street 150 Almaden Boulevard, Suite 500 San Jose San Jose, CA 95113 Barry Del Buono, President phone (408) 539-2100 fax (408) 286-5102 info@homelessness.org PROJECT DESCRIPTION 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: 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 1( 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: 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 membersof 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: 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: 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 afterproject completion willbeTrogrammed 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: 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 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - FY 2005/06 EXHIBITS A - D AGENCY DESCRIPTION Project: Rebuilding Together Silicon Valley Agency: Rebuilding Together Silicon Valley 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 Project No.: LG-06-54 . Site: (various) 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: General Administration Project No.: LG-06-91 Agency: Town of Los Gatos Site: (Site address same) 208 E. Main Street Los Gatos, CA 95030 Regina Falkner, Community Services Director phone (408) 354-6820 fax (408) 395-8640 conununity@losgatosea.gov PROJECT DESCRIPTION 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. PROPOSED IMPLEMENTATION TIME SCHEDULE 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 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 EXEIMIT E I I CPMP Non State.Grantee Certifications: o Many elements of this document may be. completed electrronicallyr 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 applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair. Housing The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti:displacement and Relocation Plan It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, a§ 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 employee 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; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title; to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has .designated a central point for the receipt of such notices. Notice shall Include the 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 rehabNitation 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 Certifications - 1 Version 1.3 Jurisdiction . = Antl-lobbying To the best, of the jurisdiction'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.Pederal 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 i 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 carry out the programs for which It is seeking funding, In accordance with applicable.HUD regulations. _CorisistenW...with,plan Theaiousing.activities to.be:undertakenwith CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic'plan. Section 3 Itmill.comply with section 3 of the Housing and Urban Development Act of 1968, and Implementing regulations at 24 CFR `Part 135. - -Signature/Authorized Official Peter Kutras Jr.% Name CounExecutive Title 70 West Heddin Street Address San Jose CA 951.10 City/State/Zip 408299-5102 Telephone Number LS11116~! Date CPMP Non-State Grantee Certifications 2 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 I 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) 2005, 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 assessmerit.or charge maybe 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 capital'costs of public Improvements financed from other revenue sources. In this case, an assessment or charge maybe 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 occupied •by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds If the jurisdiction certifies that it lacks. CDBG funds to cover the assessment. Excessive Force It has adopted and Is enforcing: . 14. A policy prohibiting the use of excessive force by law enforcement agencies within Its jurisdiction . against any Individuals engaged in non-violent civil rights demonstrations; and 15. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which Is the subject of such non-violent civil rights demonstrations within It's jurisdiction; CPMP Non-State Grantee Certifications ' 3 Version 1.3 Jurisdiction Compliance With Anti-dlscriminatlon 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 3601-3619), and Implementing regulations. . Lead-Based Paint ItS; activities: concerning lead-based paint will comply with the requirements of part 35,.subparts A,.B, J, K and R, of title 24; Compliance with Laws It will comply with applicable laws. I Signature/Authorized Official bate Peter Kutras Jr. Name County Executive Title 70 West Heddin Street Address San Jose' CA 95110. City/State/Zip 408 299-5102 Telephone Number CPMP Non-State Grantee Certifications 4 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 which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized- under the Drug-Free . Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file In. its office and make.the Information available. for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of.a mass transit authority or State highway department while in operation, State employees in each.- local unemployment office, performers in concert halls or radio stations). 5. If the workplace Identified to the-agency changes during the 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 city county state Zl County Government Center 70 W. Heddin. St. San lose 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 drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute Involving the manufacture, distribution, dispensing, use, or,possesslon of any CPMP Non-State Grantee Certifications 10 Version 1.3 3urtsdiction . controlled substance; "Employee" means the employee of a grantee directly engaged. In the performance of work under a giant, including: a. All "direct charge" employees; b. all "indirect charge" employees unless their impactor 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 are 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 . subrecipients or-subcontractors in covered workplaces). Note- that by signing these certifications, certain documents must completed, In use; and on file for verification. • These documents Include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan* •3. Anti-displacement and Relocation Plan Signature/Authorized Official Date Peter Kutras Jr.' Name Coup Executive Title 70, West Heddin Street Address San Jose CA 95110 City/State/Zip 408 299-5102 Telephone Number CPMP Non-State Grantee Certifications 11 Version 1.3 EXIHBIT F ASSURANCES CORPORATION hereby assures and certifies that it will comply with all regulations, policies, guidelines and requirements applicable to the acceptance and use of Federal funds for this Federally-assisted program and will be responsible for implementing and complying with all relevant future changes to Federal Regulations or OMB Circulars. Specifically CORPORATION gives assurances and certifies with respect to the PROGRAM that it is in compliance with the following `Regulations as defined by 24 CFR, Part 570; Subpart J; 24 (-'FR, Part 570, Subpart K; and will be conducted and administered in conformity with "Public Law 88.352 and Public Law 90-284. L' 570:601. Public Law 88-352 and Public Law 90-284; affirmatively furthering fair housings Executive Order 11063, as amended by Executive Order. 12259 addresses discrimination. HUD regulations implementing Executive Order 11063 are contained in 24.CFR, Part 107.. 2. 570.602. Section 109. Of the Act addresses discrimination. , 3. 570.603. Labor Standards. . 4. 570.,604. Environmental Standards. .5. 570.605. National Flood Insurance Program. 6. 570.606. Relocation, Displacement and Acquisition. 7. 570.607'. 'Employment and Contracting Opportunities. 8. 570.608. Lead-Based Paint. 9. 570.609. Use of Debarred, Suspended, or Ineligible Contractors or Subrecipients. 10. 570.610. Uniform Administrative Requirement and Cost Principles. The COUNTY, its Subrecipients, agencies or instrumentalities, shall comply with the policies, guidelines, and requirements of 24 CFR Part 85 (Common Rule); and OMB Circulars A-110 (Grants and Agreements with Non-Profit Organizations), A-122 (Cost Principles for Non- Profits), A-128 (Audits of State and Local Governments-implemented at 24 CFR, Part 24), and A-133 (Audits of Institutions of Higher. Education and Other Non-Profit Institutions), as applicable, as they relate to the acceptance and use of Federal funds . under this part. The applicable sections of 24 CFR, Part 85'and OMB Circular A-100 are set forth at 570.502: EXHIBIT F - ASSURANCES ' 1 . REVISED 11115100 11. 570.611. Conflict of Interest. 12. 570.612. Executive Order 12372 allows States to establish its own process for review and comment on proposed Federal financial assistance-programs, specifically the use of CD$G funds for the construction or planning of water. or sewer facilities. wg1fy2000/01/fi1es contracts/assun•ances EXHIBIT F - ASSURANCES 2 REVISED 11/15/00 EXEnIT G INDEMNITY AND INSURANCE REQUIREMENTS FOR STANDARD CONTRACTS ABOVE $100,000 Indemnity 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 Coverage Prior to commencement of this Agreement, the Contractor shall provide a Certificate., of insurance certifying that coverage as required herein has been obtained. Individual. endorsements executed by the 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. 1 EXHIBIT B-2 (revised) (HCD-O) 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 liabili coverage shall include the following endorsement, a copy of which shall be provided to the County: Additional Insured Endorsement, which shall read: ".`County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, . and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional insureds." Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its 2 EXHIBIT B-2 (revised). (HCD-O) Rev. 7/30/02 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 * 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:.conduct 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. 12. 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 shalltransfer $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 City[rown.Rehab contract Rev 9/03/03 3 EXHIBIT I DECLARATION OF CONTRACTOR (to be.completed by all Type l or Type I-I contractors) A. [x] This is a Type I service contract under the Board of Supervisor's Resolution on Contracting Principles. If this box is.checked, please complete the following: Type' l Category: Section If 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: j [ Yes [ ] No If Yes is.checked, please list and describe contracts, types and dollar amounts.-.., D. I am authorized to complete this form on behalf of (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 ~I Date: - city contracts Dec of Contractor - Exh I Grg - 9103/05 1 - 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 shallcomply 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 requireduunder 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. 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