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2011-064 - Town Manager to Execute FY2011/12 City County ContractRESOLUTION 2011 -064 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE THE FISCAL YEAR 2011/12 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 2012/13 AND FY 2013/14 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 2011 -2014; 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; NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE THAT THE TOWN MANAGER IS AUTHORIZED TO EXECUTE: 1) The Community Development Block Grant City- County Contract for the period July 1, 2011, through June 30, 2012, 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, 2012 through June 30, 2013, and July 1, 2013 through June 30, 2014, 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 3` day of October, 2011, by the following vote. COUNCIL MEMBERS: AYES: Steven Leonardis, Diane McNutt, Steve Rice, Barbara Spector, Mayor Joe Pirzynski NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: j WWWia). CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Exhibit A SANTA CLARA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CITY /COUNTY CONTRACT between the COUNTY OF SANTA CLARA and the CITY OF LOS GATOS FY2011/2012 Contract No.: LG -12 -00 Contract Amount: 301,291.23 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 April 26, 2011. 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 in the amount of Three Hundred One Thousand Two Hundred Ninety-one Dollars and 23/100 ($ 301,291.23 ) 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 hump sun 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 sun distribution of CDBG funds is made at the outset of this County of Santa Clara h FY 11/12 County /City Contract Office of Affordable Housing Rev. 8 18/2011 Community Development Block Grant Program Contract. Reimbursement for Fiscal Year 2011/2012 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 oft 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 RUIeS and Regulations governing the CDBG PROGRAM, and the COUNTY CDBG Reallocation Guidelines. As a condition of this Contract, CITY has provided numerous Exhibits marked "A" through "IT' as noted herein, attached to this Contract, incorporated by this reference, as thougli fully set Forth . Exhibits are as follows: Exhibit "A" (Project Description, Performance Measurements, and Budget), Exhibit "B" (CPMP Certifications), Exhibit "C" (Assurances), Exhibit "D" (Declaration of Contractor and Contact Provisions to Implement the Terms of the Resolution Regarding Contracting Principles) Exhibit "E" (Insurance Requirements). Exhibit "P" (Cash Control Record), and Exhibit "H "(Urban County Housing Rehabilitation Services), if applicable, For all allocated CITY projects and activities awarded funding for Fiscal Year 2011 /2012 II. TERM A. The purpose of this Contract is For the COUNTY to disburse CDBG funds. Unless amended prior to its expiration, the term of this Contract For disbursement purposes will begin on July 1 and will terminate on June 30, 20 12, or unless terminated earlier pursuant to Section VI or Section VII of this Contract. Invoices requesting disbursements submitted after the expiration of this Contract will be honored only for allowable costs incurred during the Contract term and received prior to the processing cut -off date established by the County. B. The term of expenditure by CITY for the grant amount provided for herein shall begin on July t, 20 11 and terminate on the earliest of the following dates as set Forth herein: June 30, 2012 or later date per amendment to this Contract; the date of the expenditure of the total grant, and /or program income amount provided For herein; upon the termination date established pursuant to Section VI or Section VII of this Contract. III. OBLIGATIONS OF CITY A, Certifications by CITY: City must provide COUNTY with written certification that the following information is on rile at the CITY offices, and is subject to monitoring by I -IUD and /or COUNTY County orsanta Clmra 2 l + Y 11112 Count yrCiiy Conbacl Office ol'Aflbrdoble Housing Rev. 8/8/2011 Community Development Block Gant Program (County's Housing and Community Development Department, "OAH ") OAH staff, or their representatives. I. Names and addresses of the current CITY Manager and CITY Council members. 2. Records of all discussions and actions taken at CITY Council meetings pertaining to the CDBG PROGRAM. 3. Information and housing objectives for the Consolidated Plan required by HUD at the beginning of each program year. C PROGRAM Performance Responsibilities of CITY, Conduct the PROGRAM within Santa Clara County, for the purpose of benefiting low and very low income households. C. 2. File quarterly reports with COUNTY detailing adherence to the PROGRAM as described in Exhibits "A" through "H." 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. Fiscal Responsibilities of CITY. Identify the CITY's fiscal agent who is responsible for financial activities of CITY, including the receipt and disbursement of CITY CDBG funds. CITY will notify COUNTY in writing of the appointment of any subsequently appointed fiscal agent and that agent's name. 2. Maintain an accounting system that conforms with generally accepted principles of accounting. The accounting system is subject to review and approval of COUNTY. 3. CDBG Housing Rehabilitation Revolving Loan Fund Conditions: If CITY maintains a Revolving Loan Fund ( "RLF "), CITY will maintain the RLF as a separate fond (with a set of accounts that are independent of other program accounts) established for the purpose of carrying out specific activities which, in turn, generate payments to the fund for use in carrying out the same activities. a. The RLF must be capitalized only with housing rehabilitation or housing acquisition repayment funds, which are considered CDBG Program Income Connty orsanta Clara 3 FY 11/12 County/City Contact Office or Affordable I- lousing Rev. 8/8 /2011 Community Development Block Gant Program for CDBG purposes. CDBG program funds may not be drawn clown to serve as the initial available funding or ongoing funding of the RLF. b. "file RLF will cover a single, specific activity, i.e. housing rehabilitation. Properties which may be assisted under the RLF inclucle: Single- family properties occupied by low and moderate - income households with annual gross incomes not to exceed 80% of the median area income threshold by family size, as issued by HUD for each program year; and, ® Multi- family (rental) properties with at least 51% of the units occupied by tenants with annual gross incomes which meet the same HUD annual income thresholds. c. Program income received by the RLF from rehabilitation loan principal and interest repayments, must be held in an interest bearing account. Note: Principal repayments and the interest paid by borrowers of CDBG - Funded loans made from the RLF is considered program income and subject to Clio CDBG program income requirements. d. Any accrued interest on the total Funds maintained in the account must be returned to HUD annually, to be remitted through the COUNTY to the U.S. Treasury. e The COUNTY 's Consolidated Plan must be amended following a public review process, to reflect the establishment of a RLF as a strategy to address priority housing needs. The scope of the housing RLF should be described. f. In Future years, the RLF's estimated prochlction and program income should be incorporated into each Annual Action Plan, as well as accomplishments and program income reported in the Consolidated Annual Performance and Evaluation Report (CAPER). g. An amendment of the applicable Annual Action Plan is required in order to transfer any RLF funds to the grantee's main account for use with non -RLF but eligible activities. (See Title 24 CPR 570 Subpart J, 570.500 "Definitions," 570.500(b) "Revolving Fund. ") ZI. Comply with the audit requirements ofON1B Circular A -133 which require compliance with the Single Audit Act for any subrecipient expending $300,000 or more of federal funds For the fiscal year 5. Document all PROGRAM costs by maintaining records in accordance with Section. Ill, Paragraph D below, County ul'sanu Clara 4 1°Y I U12 Cou111 10ty Contract Onice of All'ordable 1 - 1008iog Rev. 3/8/2011 Community Deeelopinenl Block Grant Program 6. Submit to the COUNTY documented requests for reimbursement. In 7. Certify current and continuous insurance coverage of CITY, subject to approval of COUNTY and in accordance with requirements as outlined in Exhibit E "Insurance Requirements;" and obtain certificate of insurance from all stlbrecipients which will list CITY as additional insured. 8. Subparagraph C. I. 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. , 9. 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." 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; ED 2. All direct and indirect costs of claims incurred or anticipated to be incurred to perform this Contract or to operate the PROGRAM; and Preservation of Records. CITY will preserve and make available its records: Until five years following expiration of this Contract, or 2. For such longer period, if any as is required by applicable law; or 3. If this Contract is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of five years from the date of termination. County ol'Santa Clurn 5 FY 11/12 County /City Contract Office of Affordable Mousing Rev. 8/8/201 1 Community Development Block Grant Program F. Examination of Records; 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: I . five years after expiration of this Contract; b. five years from the date of termination of this Contract; or G. such longer period as may be prescribed by law, 2. The CITY mast provide language in its Contracts with all Subrecipients stipulating that at any time during normal business hours, and as often as may be deemed reasonably 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 Rich 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 "C" 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. County ol'Snnta Clam 6 FY 11/12 County/City Conu'aci Ofncc ol'Anordable I- lousing Rev. 8/812011 Community Development Block Gant Program CITY and its subrecipients must comply with Section 109 of Title I of the Housing and Community Development Act of 1974, the Fair Housing Amendment Act of 1988, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 1 1246 as amended by Executive Orders 11375 and 12086, 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. 1. 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 finds 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: 1. Must be used to meet one of the national objectives stated in Title 24 CFR part 570.208 for a period of five years after expiration of this Contract, or for such longer period of time as required by the COUNTY; or, 2. The CITY must reimburse the COUNTY 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 1. I. above). J. "Section 3" Provisions, Compliance. Compliance with the provisions of Section 3 of the Housing and Urban Development Act of 1968, as amended, l2 U.S.C. 1701, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Contract, shall be a condition of the federal financial assistance provided under this Contract and binding upon the COUNTY, the CITY, and any subrecipients. Failure to fulfill these requirements shall subject the COUNTY, the CITY, and any subrecipients, their successors and assigns, to those remedies specified by the Contract through which federal assistance is provided. The CITY certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. The CITY further agrees to comply with these "Section 3" requirements and to include the following language in all subrecipient contracts executed under this Contract: "The work to be performed under the Contract is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C, 1701, Section 3 requires that to the greatest extent County of Santa Clarn 7 FY I I/ 12 County /City Contract Ortice ol'Affordable Housing Rev. 9/812011 Community Development Block Gant Program feasible opportunities for training and employment be given to lower income residents of the project area and agreements for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the areas of the project." The CITY certifies and agrees that no contractual or other disability exists which would prevent compliance with the requirements. 2. Notifications The CITY and its subrecipients must send . to each labor organization or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 3. Subcontracts The CITY and its subrecipients will include this Section 3 clause in every contract and will take appropriate action pursuant to the contract upon a finding that the sub - subrecipient is in violation of regulations issued by COUNTY. The CITY will not contract with any sub - subrecipient where it has notice or knowledge that the latter has been found in violation of regulations under 24 CPR 135 and will not let any contract unless the sub - subrecipient has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. IV, OBLIGATIONS OF COUNTY A. Method ol'Payment_ During the term of this Contract, COUNTY will disbtuse CDBG Finds to CITY on a reimbursement basis, unless otherwise provided herein, for all allowable costs and expenses incurred in connection with the PROGRAM. Reimbursement will not exceed the total sum of Three Hundred Ono Thousand Trvo Hundred Ninety -one Dollars and 23/100 ($ 301,291.23 ) 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 8,2, 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 pwsrlant to the 1lousing 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: County or Santa Chin 8 FY 1 1/12 County /City Connect Ottice ot'Allbrdnblc Mousing Rev. Mi201 I Connnunity Development Block Gant Progrem Notify the CITY Coordinator in writing of the alleged substantial non- comp.liance 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 VI. C. of this Contract (CONTRACT COMPLIANCE, Corrective Action Procedure); and 4. If applicable, forward a written report to HUD's Regional Office detailing the substantial non- compliance issues and the steps being instituted to correct performance, copy to the CITY Manager. C. Compliance with Law. COUNTY shall become familiar and comply with and require all its subcontractors and employees, if any, to become familiar and comply with all applicable Federal, State and local laws, ordinances, codes, regulations and decrees including, but not limited to, those Federal rules and regulations, executive orders, and statutes identified in Exhibit "C" 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 Program Manager to supervise the progress and performance required by this Contract. All services performed by COUNTY will be at the overall direction of the OAH Program Manager. B. CITY has designated Regina Falkner to serve as CITY CDBG Program Coordinator, and City Manager Greg Larson (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 trust be sent to the patties at the following addresses: County o r Santa Clara 9 rY 11/12 County /City Contract Office orAB'ordable Housing Rev. 8/8/2011 Community Development Block Grant Program COUNTY County of Santa Clara Department of Planning and Development Office of Affordable Housing 70 West Fledding Street, 7 Floor San Jose, CA 95110 CITY: Greg Larson Town ivlanoger Town or Los Gatos 110 Cast Main Street Los Gatos CA 95030 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 tiny 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: I. 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. IFCITY is in default pursuant to any provision of this Contract. 5. If CffY makes improper use of COUNTY funds. County ol'Sania C'hira 10 FY I I/12 County /City Conti acl 01'11ce or Anmcluble Housing Rev. 4/3/2011 Community Development Block Grant Program 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: I. COUNTY OAH Program Manager and CITY Manager will negotiate a time Frame and course ofaction for correcting the non - compliance; 1 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 Program Manager 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 addressed or resolved within the aforementioned corrective action plan time period; County or Santa Clara I l FY 11/12 County/City Contract Office of Arrordable Housing Rev. 8/812011 Comnwnity Development Block Gram Program 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); 'I. If there is reliable evidence that CITY is unable to operate the PROGRAM. B. Termination for Convenience. In addition to the COUNTY'S right to terminate for cause as set forth in Section VII, either COUNTY or CITY may suspend or terminate this Contract for any reason upon mutual consent by giving thirty (30) days prior written notice to the other party. Upon receipt of such notice, performance of the services hereunder will be immediately discontinued. C. In addition to the COUNTY'S right to terminate for cause set forth in Section VII, either COUNTY or CITY may suspend or terminate this Contract as provided for in 24 CPR 570, at Subpart J "Grant Administration," and /or 24 CFR 85.44 "Termination for Convenience." Provisions of the Reallocation Guidelines will apply, but may be adjusted if termination is for cause. D. Upon termination, CITY will: I. Be reimbursed for al I 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. Stich materials shall become property of COUNTY. CITY, however, shall not be liable to COUNTY'S use of incomplete materials or for COUNTY'S use of completed documents if used for other than the services contemplated by this Contract; and 3. Transfer to the COUNTY any CDBG funds on hand and any accounts receivable attributable to the use of CDBG funds. All assets acquired with CDBG funds shall be returned to the COUNTY unless otherwise negotiated by separate contract per the provisions of the COUNTY CDBG REALLOCATION GUIDELINES. E. Upon termination of this Contract, CITY will immediately provide COUNTY access to all documents, records, payroll, minutes of meetings, correspondence and all other data pertaining to the CDBG entitlement fund granted to CITY ptuMuant to this Contract. Counly or Santa Clarn 12 FY 11112 C000ty /City Conirtict orliec or Anbrdable Housing Rev. 818/2011 Community Development Block Grant Program 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 85.3 I) DOES NOT APPLY TO CDBG ACTIVITIES A. The following definitions apply to this Contract pursuant to 24 CFR, Part 58 (Common Rule) 85.3: Equipment means tangible, non - expendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. 2. Title as defined in detail in 24 CPR, Part 85.32 (a). 3. Use as defined in detail in 24 CFR, Part 85.32 © (1). 4. Supplies as defined in detail in 24 CFR, Part 85.33. 5. Procurement, Use and Disposition of Real Property as defined in detail by 24 CFR, Part 570.503 (Agreements with Subrecipients), 570.505 (Use of Real Property), and 570.504 (Program Income), B. Security Document. As a condition precedent to COUNTY granting funds for the purchase of real property or an option to purchase real property, CITY will prepare and require its subrecipient(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 Subrecipients(s) to continually operate its Project for a minimum period of six (6) years froln the effective date of this Contract. This obligation will survive the term of Cities contract with its subrecipient(s), the assignment or assumption of this Contract and the sale of the property prior to expiration of the obligation period as set forth in this paragraph. If this obligation is not fully met, CITY may be required to reimburse the COUNTY. The COUNTY may consider, but will not be limited by, the following factors in calculating the reimbursement obligation: initial grant sum; the duration of the initial contractual obligation to operate the Project versus the actual duration of operation; and the appreciated value. D. Relocation, Acquisition, and Displacement. CITY agrees to comply with 24 CFR 570.606 relating to the acquisition and disposition of all real property utilizing CDBG County orSanna Clam 13 FY 11112 County/City Contract Orrice ol'Allbaluble Housing Rev. 6/8/201 I Community Development Block Grant Program 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 CPR 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 f'or additional funds by the amount of any such program income balances on hand. All unused program income will be returned to the COUNTY at the end of the Contract term with the exception of Rehabilitation Loan payments. X. INDEPENDENT CONTRACTOR This is a contract by and between independent contractors and is not intended and will not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between CITY and COUNTY. CITY, including its officers, employees, agents, independent contractors or subrecipients, wilt not have any claim arising from the terms of this Contract or otherwise against COUNTY for any Social Security, Worker's Compensation, or employee benefits extended to employees of COUNTY. XI. ASSIGNABILITY A. None of the work or services to be performed hereunder may be assigned, delegated or subcontracted to third parties without the prior written approval of COUNTY. Copies of all third party contracts must be submitted to COUNTY at least ten days prior to the proposed effective date. to 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 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. County ofsanta Clan 14 FY II 112 CinuuyK'iry Cnntrnet OI'lice ol'Affordable I lousing Rev. 8/8/2011 Community Development Block Grant Program 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 E, "Insurance Requirements," CITY must indemnify and hold harmless the COUNTY, its employees, agents, and officials, members of boards and commissions, from any and all claims, actions, suits, charges and judgments whatsoever, with respect to any damages, including attorney's fees and court costs, arising out of the failure of the CITY's PROGRAM or its subrecipient(s) failure (for CITY) to comply with applicable laws, ordinances, codes, regulations and decrees, including without limitation those set forth in Exhibit B, "Certifications." XIV. WAIVER OF RIGHTS AND REMEDIES hi 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, 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, County of Santa CIM8 15 PY 11/12 County /City Contract Office of Affordable I- loosing Rev. 8/9/2011 Community Development. Block Grant Progrnm 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 mast be included in CITY's contracts with its subrecipient(s) and vendors when utilizing the CDBG funds. XVI, AMENDMENTS A. Amendments to the terms or conditions of this Contract must be requested in writing by an authorized representative of the party desiring amendments, and any amendment will be effective only upon the mutual agreement in writing of the parties hereto. Amendments will riot 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 1I." Fund transfers exceeding $30,000 as well as new projects added to CIfY's PROGRAM, require COUNTY'S approval and may require an amendment to this Contract. XVII. INTEGRATED DOCUMENT This Contract, in conjunction with the Santa Clara County CDBG Joint Powers Agreement, contains the entire agreement between COUNTY and CITY with respect to the subject matter hereof. No written or oral agreements, other than the Santa Clara County CDBG Joint Powers Agreement, with any officer, agent or employee of COUNTY prior to execution of this Contract will affect or modify any of the terms or obligations contained in any documents comprising this Contract. XVIII. NON - SMOKING POLICY Contractor and its employees, agents and subcontractors, shall comply with the County's No Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits smoking: (l) at the Santa Clara Valley Medical Center Campus and all County -owned and operated health facilities, (2) within 30 feel surrounding County -owned buildings and leased buildings where the County is the sole occupant, and (3) in all County vehicles. XIX. 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" (Project Description, Performance Measurements, and Budget), Exhibit "B" (CPiv1P Certifications), Exhibit "C" (Assurances), Exhibit "D" (Declaration of Contractor and Contract Provisions to County or Santa Clara 16 FY 11/12 County /City Contact Office ol'Anbrdable Housing Rev. 8/8/2011 Cunnnunity Development Block Gent Program Implement the Terms of the Resolution Regarding Contracting Pr:inciples),Exhi:bi.t "E" (Insurance Requirements), Exhibit ' F" (Cash Control Record), and Exhibit °IT'(Urban County Housing Rehabilitation Ser4ices), if applicable. 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 LOS GATOS CITY N'famwer Date Gre-, Larson Print Name CITY Manager CITY Clerk Date COUNTY OF SANTA CLARA: BY: Dave Cortese, President Date Board of Supervisors Signed and certified that it copy of this document has been delivered by electronic or other means to the President, Board or Supervisors ATTEST: Maria Marinos Date Clerk, Board of Supervisors APPROVED AS TO FORM AND LEGALITY: APPROVED AS TO FORM AND LEGALITY: CITY Attorney Date Miguel Moreno Date Deputy County Counsel Print Name Counts of Santa Clara 17 FY' I 1 I] CoumyICily Cunu•aa office o r Afrordab I dousing Rev HA.201'I Community Dceclopmcnt Black Grant Prucrun EXHIBIT A PROGRAM DESCRIPTION, PERFORMANCE MEASUREMENTS, AND BUDGET FY 2011/2012 'ROJECT#: LG -12 -32 kGENCY Town of Los Gatos 'ROJECT NAME: Long "term Care - Ombudsman iXECUTIVE DIRECTOR: Mal aret W illiam s Phone: 408 - 325 - 'ROJECT CONTACT Marlene Siebert Pirelli 408- 3 2 5 - 5260 PERFORMANCE MEASUREMENTS E -Mail: i�la rlen¢s mcathe lic ch nrltiessce, erg Cate or $$$$$$$ PROJECT EXPENSES $$$$$$ PROJECT CONSTRUCTION Ilousing Q Public Service $7,370.00 Accounting Services Appraisal Q Fair I lousing OFFICE EXPENSES $$$$$$$ Auditing Fees Public Benefit Rent Insurance Program Description and Goals: Arohitecuu'al /DesignEx)enses Office Supplies Costs to Ensure Davis Bacon / Label Standards Compliance Acquisition Costs Equipment/ Maintenance Objective Outcomes: Total To Be Performance Indicator Clients on Units Other Server] Ilstimated per 1 $7,370.001 TOTAL ALL PROJECTS Q ua etcr sence The program will 440 Housing units Peopl e 1 2 3 4 ident demonstrate &maintain ongoing visibility n Households Public Facilities Objective 2 Outcomes: Total# To Be Performance Indicator . Served (Goals) per Served. uai•ter . Ombudsman presence Regular contact 132 o e units P eo pl e P 1 z 3 4 site VISItS throw h g Q Households unannounced visits Q Public Facilities BUDGET FY11 /12 SALARIES $$$$$$$ PROJECT EXPENSES $$$$$$ PROJECT CONSTRUCTION $$$$$$ Personnel Costs $7,370.00 Accounting Services Appraisal OFFICE EXPENSES $$$$$$$ Auditing Fees Enginecring Engineering Expenses Rent Insurance Arohitecuu'al /DesignEx)enses Office Supplies Costs to Ensure Davis Bacon / Label Standards Compliance Acquisition Costs Equipment/ Maintenance Construction Costs /Rehab Other I Other Other PROJECT BUDGET 1 $7,370.001 TOTAL ALL PROJECTS 1 $7,370.00 PROJECT BUDGET: $7 ,370.00 E -Mail' mwillinntsrcrttbolicchariliesscc .erg 7_ountV of Sanla Clara Jftice ot'Affordable Housing DBG Contract City FY 11112 Exhibit A ,Program Description, Perrorntance Measurements, and Budget EXHIBIT A PROGRAM DESCRIPTION, PERFORMANCE MEASUREMENTS, AND BUDGET FY 201112012 PROJECT #: LG -12 -33 PROJECT BUDGET: $13,094.00 AGENCY Town of Los Gatos PROJECT NAME: Adult Day Care EXECUTIVE DIRECTOR: Colleen Hudgen Phone; 40 971 -9 E -Mail: liveoakrcattglubal.net PROJECT CONTACT TiburciaIrving Phone: 408- 971 -9363 E -Mail; tiburciaattglobnl.net PERFORMANCE MEASUREMENTS Cate or $$$$$$$ PROJECT EXPENSES $$$$$$ PROJECT CONSTRUCTION $$$$$$ LJ Housing Public Service Accounting Services Appraisal OFFICE EXPENSES Fair Housing Auditing Fees Engineering Expenses Rent Public Benefit Insurance Architecuua[ /Desi n Expenses Office Supplies Pro ram Description and Goals. Costs to Ensure Davis Bacon / Labor Standards Compliance Acquisition Costs Equipment/ Maintenance Construction Costs /Rehab Other I Other Objective l' "" Qtitcomes. " "` Taal #To Be 'PerformanceltSdicator" PRO BUDGET Clients or Units Served- 1 $13,094.00 Esi4 atee per provide 1,400 lunches to Lunch proided for 1440 Housing Units People 1 2 3 4 20 LG unduplicated LG unduplicated �] Households participants participants Public Facilities Objective 2 Outci S.: Total # To Be Perforuiagee indicator Served (Goats) "per ` Provide 1,400 breakfasts Provide breakfast 1400 Housing Units People i 2 3 4 to 20 LG unduplicated for LG unduplicated Q participants residents Households Q Public Facilities BUDGRT FYl 4/12- SALARIES $$$$$$$ PROJECT EXPENSES $$$$$$ PROJECT CONSTRUCTION $$$$$$ Personnel Costs $13,094.00 Accounting Services Appraisal OFFICE EXPENSES $$$$$$$ Auditing Fees Engineering Expenses Rent Insurance Architecuua[ /Desi n Expenses Office Supplies Costs to Ensure Davis Bacon / Labor Standards Compliance Acquisition Costs Equipment/ Maintenance Construction Costs /Rehab Other I Other Other PRO BUDGET 1 $13,094.00 TOTAL ALL PROJECTS 1 $13,094.00 County of Santa Clara Office of Affordable Housing CDBG Contract City FY 11/12 Exhibit A ,Program Description, Performance Measurements, and Budget EXHIBIT A PROGRAM DESCRIPTION, PERFORMANCE MEASUREMENTS, AND BUDGET FY 2011/2012 PROJECT#: LG -12 -41 4GENCV Town of Los Gatos PROJ EC'T NANI E: Town of Los Gatos - ADA - Live Oalc Park EXECUTIVE DIRECTOR: Phone: PROJECT BUDGET: $15,000.00 E -Mail: PROJECT CONTACT Regina F Phone: 408_354_6832 PERYORNIANCE VIEASUREIMENTS E -Mail: rll l<n er ayhlsga tosc a.go v_ Crate nor $$$$$$$ PROJECT EXPENSES $$$$$$ PROJECT CONSTRUCTION 1 ❑ Public Service A COOLInting Services A n•aisal L7 Fair Housing OFFICE EXPENSES $$$$$$$ Auditing Fees Public Benefit Rent Insurance Pro�rnni Description •Ind Coals Architecnu•nl/Dcsi n Expenses Office Sup lies Costs to Ensure Davis Bacon / Labor Standnrcls Compliance Acquisition Costs Objective I Outcomes: Total # To Be Performance Indicator Clients or Units Other Served Estimated per PROJECT BUDGET $15,000.00 carter construct an asphalt pathway to 515,000,00 _ LJ I lousing units 1 2 3 d allow ADA compliant access to park ❑ People amenities such as playground area, ❑ Households basketball court and picnic area. Public Facilities Objective Outcomes: Total #To Be Performance Indicator Scrved (Goa ls)'per Served Ual'ter LJ 1-fousing Units 1 2 3 4 Q People Q I- louseholds Public Facilities RUDGFT FV11 /17. S ALARIES $$$$$$$ PROJECT EXPENSES $$$$$$ PROJECT CONSTRUCTION $$$$$$ _ Personnel Costs A COOLInting Services A n•aisal OFFICE EXPENSES $$$$$$$ Auditing Fees En gineci ing Expenses Rent Insurance Architecnu•nl/Dcsi n Expenses Office Sup lies Costs to Ensure Davis Bacon / Labor Standnrcls Compliance Acquisition Costs Equipment/ Maintenance Construction Costs /Rehab $15,000.00 Other Other Other PROJECT BUDGET $15,000.00 TOTAL ALL PROJECTS 515,000,00 County or Santa Clara Office of Affordable Housing CDBG Contract City I -Y 1 1/ 12 Exhibit A ,Program Descript ion, Performance tvleastrements, and Budget EXHIBIT A PROGRAM DESCRIPTION, PERFORMANCE MEASUREMENTS, AND BUDGET FY 2011/2012 PROJECT #: LG -12 -42 AGENCY Town of Los Gatos PROJECT NAME: Town of Los Gatos - ADA - Civic Ce nter EXECUTIVE DIRECTOR: Phone: PROJECT CONTACT Regina Falkner Phone: 408- 35 -8832 PERFORMANCE MEASUREMENTS PROJECT BUDGET: $58,344.00 E -Mail: E -Mail! r fallcnerr@losgatosea.gov Categor $$$$$$$ PROJECT EXPENSES $$$$$$ PROJECT CONSTRUCTION LA Housing = Public Service Accounting Services Appraisal Fair Housing OFFICE EXPENSES $$$$$$$ Auditing Fees Public Benefit Rent Insurance Architectural/Design Expenses Office Supplies Costs to Ensure Davis Bacon / Labor Standards. Compliance Acquisition Costs Objective I " Outcomes -:: :"'Total WTo Be Performance Indicator' .' .Ctients or Units ' r Other Served Esftmateel per PROJECT BUDGET $58,344.00 Council Chambers and entrance $58,344.00 ❑ Housing Units People 1 2 3 4 to the Town Clerk /Manager area ADA complaint. II Households Public Facilities Objective 2 ' O;ufcomes: TofaI # To He ` P.erforinanee ja( cata'r Served (Geals) •-..::: Served 6ijair ter'.:_ Ll Housing Units Q People 1 2 3 4 ❑ Households ❑ Public Facilities BUDGET FYII /12 SALARIES $$$$$$$ PROJECT EXPENSES $$$$$$ PROJECT CONSTRUCTION $$$$$$ Personnel Costs Accounting Services Appraisal OFFICE EXPENSES $$$$$$$ Auditing Fees Engineering Expenses Rent Insurance Architectural/Design Expenses Office Supplies Costs to Ensure Davis Bacon / Labor Standards. Compliance Acquisition Costs Equipment/ Maintenance Construction Costs /Rehab $58,344.00 Other Other Other PROJECT BUDGET $58,344.00 TOTAL ALL PROJECTS $58,344.00 County of Santa Clara Office of Affordable Housing CDBG Contract City FY 1 1/12 Exhibit A ,Program Description, Performance Measurements, and Budget EXHIBIT A PROGRAM DESCRIPTION, PERFORMANCE MEASUREMENTS, AND BUDGET FY 2011/2012 'ROJECT H: LG -12 -53 \GENCY 'Iowa of Los Gatos 'ROJECT NAME: Urban County Rehab Services &XECUTIVE DIRECTOR: Phone: 'ROJECT CONTACT Regina Fallcner P1 1011L , 40 35 4 - PERFORMANCE MEASUREMENTS PROJECT BUDGET; $13,000,00 E- Mail: E -Mail; rfellaicrGlosgalesca.gov Category $$$$$$$ PROJECT EXPENSES $$$$$$ PROJECT CONSTRUCTION $$$$$$ Housing Public Service Fair Flowing Accounting Services Appriisal OFFICE EXPENSES TQ Public Benefit Auditing Fees Engineering Expenses Rent Pro 6niDeseriltion.andGoals: Insurance Architectural /Desi n Ex eases Office Su lies Costs to Ensure Davis Bacon / Labor Standords Compliance Acquisition Costs Objective I Outcomes; Total k To Be Performance Indicator Clients or Units Other Served Other Estimated per P BUDGET $13,000,00 TOTAL ALL PROJECTS uarter Contract with Santa Clara County to perform Urban County Rehab Services Q Q Households Housing Units People Public Facilities 1 ffl Objective O.pCegmes; Tota4f#TOBe Petfor•nirincelndicator Served (Gpbls).: per . Served unrter I Iousing Units Q People Q Households 1 2 3 4 Q Public Facilities BUDGET FY11 /12 SALARIES $$$$$$$ PROJECT EXPENSES $$$$$$ PROJECT CONSTRUCTION $$$$$$ Personnel Costs $13,000,00 Accounting Services Appriisal OFFICE EXPENSES $$$$$$$ Auditing Fees Engineering Expenses Rent Insurance Architectural /Desi n Ex eases Office Su lies Costs to Ensure Davis Bacon / Labor Standords Compliance Acquisition Costs Equipment/ Maintenance Construction Costs /Rehab Other Other Other P BUDGET $13,000,00 TOTAL ALL PROJECTS -ounty orsanto Clara ll'fice of Affordable Housing 'DBG Contract City FY 11/12 - xhibit A ,Program Description, Performance Measurements, and Budget EXHIBIT B TO FY 11/12 Q ��gMENT a CDBG /HOME CONTRACT CPMP Non -Mate Grantee Certifications gs gN oEVE�tl Many elements of this document may be completed electronically, however a signature must be manually applied and the document must be submitted in paper form to the Field Office. NON -STATE GOVERNMENT CERTIFICATIONS In accordance with the 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 malntaln 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 - antidlsplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, In connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug -free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance Is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug -free awareness program to Inform employees about - a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug -free workplace; C. Any available drug counseling, rehabilitation, and 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 Rehabllitatlon Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. CPMP Non -State Grantee Certifications 1 Version 1..3 COUNTY OF SANTA CLARA Anti - Lobbying -- To the best of the Jurisdiction's knowledge and belief; B. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for Influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 9. If any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with this Federal contract, grant, loan, or cooperative agreement, It will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," In accordance with Its Instructions; and 10. It will require that the language of paragraph 1 and 2 of this anti - lobbying certification be Included In the award documents -for all subawards at all tiers (Including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subreclplents shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan Is authorized under State and local law (as applicable) and the Jurisdiction possesses the legal authority to carry out the programs for which It Is seeking funding, In accordance with applicable HUD regulations, Consistency with plan -- The housing activldes to be undertaken with CDBG, I TOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with sectlon 3 of the Housing and Urban Development Art of 1968, and implementing regulations at 24 CFR Part 135, Signatl e A thorized Official Date Jeff V. Smith Name County Executive ^� Title r70 West F1 dding Street Address San Jose, — CA 95110 City /State /Lip zF013) 299 -5102 Telephone Number CPMP Non -State Grantee Certifications 2 Version 1.3 COUNT O F SANTA CLARA 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 speclfles both short-term and long -term community development objectives that provide decent housing, expand economic opportunities primarlly 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 crlterla: 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 famllles or aid in the prevention or elimination of slums or blight, The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because exlsting 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) 2011, 2_, 2_, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit .persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 13. Special Assessments - It will not attempt to recover any capital costs of public Improvements assisted with CDBG funds Including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate Income, Including any fee charged or assessment made as a condition of obtaining access to such public Improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the -- capital costs of public Improvements (assisted In part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public Improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public Improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, In the case of properties owned and occupied by moderate - Income (not low-Income) famllles, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds If the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and Is enforcing: 14. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any Individuals engaged In non - violent civil rights demonstrations; and 15. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within its jurisdiction; CPMP Non -State Grantee Certifications 3 Version 13 COUNTY OF SANTA CLARA Compliance- With Anti - discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 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. Slgnatu / orized Official Date / Jef frey V. Sm ith Name County Executive Title 70 West Hedd Street Address San Jose CA 95110 City /State /Zip 408 299 -5102 Telephone Number CPMP Non -State Grantee Certifications 4 Version 1.3 COUNTY OF SANTA CLARA b,Th OPTIONAL CERTIFICATION CDBG Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having particular urgency as specified In 24 CFR 570,208 (c): The grantee hereby certifies that the Annual Plan includes one or more specifically Identlfled CDBG- assisted activities, which are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and Immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs. Signature /Authorized Official Name Title Address City /State /Zip F_ Telephone Number I Date CPMP Non -State Grantee Certifications 5 Version 1.3 OPTIONAL CERTIFICATION CDBG Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having particular urgency as specified In 24 CFR 570,208 (c): The grantee hereby certifies that the Annual Plan includes one or more specifically Identlfled CDBG- assisted activities, which are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and Immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs. Signature /Authorized Official Name Title Address City /State /Zip F_ Telephone Number I Date CPMP Non -State Grantee Certifications 5 Version 1.3 COUNTY OF SANTA CLARA Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Erased Rental Assistance -- if the participating jurisdiction intends to provide tenant -based rental assistance: The use of HOME funds for tenant -based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- It is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92,205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described In g 92.214. Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project In accordance with the guidelines that It adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than Is necessary to provide affordable housing; Sign t Official Dv9 ii Date Jeffre V. S mith Name Count�xecutive � __ Title 70 West Hedding Street Address San Jose CA 9511D _ City /State /Zlp 408 29 -5102 Telephone Number CPMP Non -State Grantee Certifications 6 Version 1,3 COUNTY OF SANTA CLARA HOPWA Certifications The HOPWA grantee certifies that Activities -- Activities funded under the program will meet urgent needs that are not being met by available public and private sources. Building -- Any building or structure assisted under that program shall be operated for the purpose specified in the plan: 1. For at least 10 years In the case of assistance Involving new construction, substantial rehabilitation, or acquisltlon of a facility, 2. For at least 3 years In the case of assistance Involving non - substantial . rehabilitation or repair or a building or structure. Signature /Authorized Official Name Titl e Address City /State /Zip Telephone Number Date CPMP Non -State Grantee Certifications 7 Version 1.3 COUNTY OF SANTA CLARA ESG Certifications I, , Chief Executive Officer of Error! Not a valid link., certify that the local government will ensure the provision of the matching supplemental funds required by the regulation at 24 CFR 576.51, I have attached to this certification a description of the sources and amounts of such supplemental funds. I further certify that the local government will comply with: 1. The requirements of 24 CFR 576.53 concerning the continued use of buildings for which Emergency Shelter Grants are used for rehabilitation or conversion of buildings for use as emergency shelters for the homeless; or when funds are used solely for operating costs or essential services. 2. The building standards requirement of 24 CFR 576.55. 3. The requirements of 24 CFR 576.56, concerning assurances on services and other assistance to the homeless. 4, The requirements of 24 CFR 576.57, other appropriate provisions of 24 CFR Part 576, and other applicable federal laws concerning nondiscrimination and equal opportunity. 5. The requirements of 241 CFR 576.59(6) concerning the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 6. The requirement or 24 CFR 576.59 concerning minimizing the displacement of persons as a result of a project assisted with these funds. 7. The requirements of 2.4 CFR Part 24 concerning the Drug Free Workplace Act of 1988. 8. The requirements of 24 CFR 576,56(x) and 576.65(b) that grantees develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted with ESG funds and that the address or location of any family violence shelter project will not be made public, except with written authorization of the person or persons responsible for the operation of such shelter. 9. The requirement that recipients Involve themselves, to the maximum extent practicable and where appropriate, homeless individuals and families in pollcymaking, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities as provided by 24 CFR 76.56. 10. The requirements of 24 CFR 576.57(e) dealing with the provisions of, and regulations and procedures applicable with respect to the environmental review responsibilities under the National Environmental Policy Act of 1969 and related CPMP Non -State Grantee Certifications 8 Version 1.3 C O U NTY OF SANTA CLARA authorities as specified In 24 CFR Part S8. 11. The requirements of 24 CFR 576.21(a)(4) providing that the funding of homeless prevention activities for families that have received eviction notices or notices of termination of utility services will meet the requirements that: (A) the inability of the family to make the required payments must be the result of a sudden reduction in income; (e) the assistance must be necessary to avoid eviction of the family or termination of the services to the family; (C) there must be a reasonable prospect that the family will be able to resume payments within a reasonable period of time; and (D) the assistance must not supplant funding for preexisting homeless prevention activities from any other source, 12, The new requirement of the McKinney -Vento Act (42 USC 11362) to develop and Implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded Institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from Immediately resulting In homelessness for such persons, I further understand that state and local governments are primarily responsible for the care of these individuals, and that ESG funds are not to be used to assist such persons In place of state and local resources, 13, HUD's standards for participation in a local Homeless Management Information System (HMIS) and the collection and reporting of client -level Information. I further certify that the submission of a completed and approved Consolidated Plan with Its certifications, which act as the application for an Emergency Shelter Grant, is authorized under state and /or local law, and that the local government possesses legal authority to carry out grant activities In accordance with the applicable laws and regulations of the U. S. Department of Housing and Urban Development. elopm L� 1 Slgnature /Authorized Official Date Name Title Address City /State /Zip —�� Telephone Number CPMP Non -State Grantee Certifications 9 Version 1.3 COUNTY OF SANTA CLARA 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. Subinission 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 falls 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 -Froe Workplace Certification I. 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). S. If the workplace Identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), It it previously Identified the workplaces in question (see paragraph three). 6. The grantee may Insert In the space provided below the ske(s) for the performance of work done In connection with the speciflc 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 Cit Count state ZI County Government Center 70 West Hedding San )ose Santa Clara CA 95110 Office of Affordable Housing 2310 N. First St., Suite 100 San )ose Santa Clara CA 95131 . �E_� L TE E-E %. 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 polo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the CPMP Non -State Grantee Certifications 10 Version 13 COUNTY OF SANTA CLARA Federal or State criminal drug statutes; "Criminal drug statute" means a .Federal or non - Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; - "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: a. All "direct charge" employees; b. all "Indirect charge" employees unless their impact or Involvement Is Insignificant to the performance of the grant; and c. temporary personnel and consultants who are directly engaged In the performance of work under the grant and who 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 subreciplents or subcontractors In covered workplaces). Note that by signing these certiFlcatlons, 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 V 2 / I . ,lag 1 - // Signat re ized Official Date Jeffrey V, Smith Name County Executive Title 70 West Bedding Street Address San Jose CA 95110 City /State /Zip 408 299 -5102 Telephone Number CPMP Non -State Grantee Certifications 11 Version 1.3 EXI-IIBIT B-2 (revised) 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, hjury 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 incicmnify, 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 oFCoveraae Prior to commencement of [his 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. C. Notice of Cancellation Rev. 412002 EXHIBIT B-2 (revised) 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 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 d. Severability of interest 3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County: Additional Insured Endorsement, which shall read: "County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional insureds." Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its 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. Rev. 4/2002 2 EXHIBIT B-2 (revised) 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 to all owned, noin -owned and hired vehicles. da. Aircraft /Watercraft Liability insurance (Required if Contractor or any of its agents or subcontractors will operate aircraft or watercraft in the scope of the Agreement) For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non - owned and hired aircraft/watercraft. 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: 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, inelnding but not limited to the provisions concerning indemnification, 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- insta•ance retentions. 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.. Rey. 4,2002 EXHIBIT B-2 (revised) The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above. F, Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments) Before receiving compensation tinder this Agreement, Contractor will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15 %) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Contractor will notify County immediately, and County may withhold rurther payment to Contractor Until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County. Rev. 412002 County of Santa Clara EXHIBIT C ASSURANCES FY 2011/2012 CORPORATION hereby assures and certifies Thal it will comply with all regulations, policies, guidelines and requirements applicable to the acceptance and use of Federal funds for this Federally- assisted proginm and will be responsible for implemenfing and complying with all relevant fitture changes to Federal RegUlations or ONIB Circulars. Specifically CORPORATION gives assurances and certifies with respect to the PROGRAM( that it is compliant with the following Regulations as defined by 24 CFR, Part 570, Subpart J; 24 CFR, Part 570, Subpart K; and will be conducted and administered in conformity with "Public Law 88.352 and Public Law 90 -28LI. Full text of the regulations can be located al: hllp:// wvi . gpoaccess.go)/cfrlinclex.hinil 1. 570.505. Use of Real Property 2. 570,506. Records to be Maintained 3, 570.508. Public Access to Public Records 4, 570.601. Public Law 88 -352 and Public Law 90 -284; affirmatively Furthering fair housing; EXCGntiVe Order 11063, as amended by Executive Order 12259 addresses discrimination. HUD regulations implementing Executive Order 11063 are contained in 24 CFR, Part 107. 5. 570.602. Section 109 of the Act addresses discrimination 6. 570.603, Labor Standards 7. 570.604, Environmental Standards 8. 570,605. National Flood hvsurance Program 9. 570.606, Displacement, Relocation, Acquisition, and Replacement of Housing. 10. 570.607. Employment and Contracting Opportunities IL 570.608, Lead -Based Paint 12. 570.609. Use of Debarred, Suspended, or Ineligible Contractors or Subrecipients 13, 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 Ru1c), and OMB Circulars A -1 10 (Grants and Agreements with Nan -Profit Organizations), A -122 (Cost Principles for Non - Profts), A -128 (Audits of state and Local Governments- implemented at 24 CFR, Part 24), and A -133 (Audits of Institutions of I ligher 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 CPR, Part 85 and ONIB Circular A -100 are set Forth at 570.502. 14. 570.611. Conflict of Interest 15. 570.612. Executive Order 12372 allows States to establish its own process for review and comment on proposed Federal financial assistance programs, specifically the use of CDBG funds for the construction or planning of water or sewer facilities. 16. 570.613, Eligibility Restrictions for Certain Resident Aliens 17. 570.614. Architectural Barriers Act and the Americans with Disabilities Act Couni) of Santa Clara. Office ofA/fordable Housing CDBG Conirac! FY 11 12 F.,shibii C Assirrances Santa Clara County EXHIBIT D DECLARATION OF CONTRACTOR (To be completed by all Type I and Type 11 contractors) ❑✓ This is a Type I service contract under the Board of Supervisor's Resolution of Contracting Principles, If this box is checked, please complete the following: Type I Category: Section It C.6 Explanation: Contract with other Public ❑ This is a Type II contract under the Board of Supervisor's Resolution on Contracting Principles. The contractor currently has other County contracts for the same or similar services: El Yes ❑ No If YES is checked, please list and describe contracts, names of departments, types and dollar amounts. I am authorized to complete this form on behalf of The Town of Los Gatos [name of contracting entity]. 1 have used due diligence in obtaining this information, and this information contained herein is complete and accurate. Contractor Signature: Name: Greg Larson Title: Date: Town Manager County of Santa Clara Office of Affordable Housing CDBG Contract FY 11/12 Exhibit D, Declaration of Contractor (City) OABAG PLAN Corporation [ �9123/011 eDAr tMalmorvn E E 2 CER TIFICATE OF COVERAGE BROKER: Alllant Insurance Service, Inc. Tit IS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CON FEES 100 Pine Street I I th Floor POLICY NO RIGHTS UPON THE CERTIPIC.ATE HOLDER. 1'1115 CERTIFICATE DOES NOTAME.YD, TYPE OF COVERAGE I POLICY NUMBER EXTEND ORALTER THE CDYE RACE AFFORDED BY TIIE POLICIES BELOW. San Francisco, CA 94111 LTR - 415/403 -1400 DATE A PROVIDER: ABAG PLAN CORPORATION COMPANIES AFFORDING COVERAGE GENERAL LIABILITY COMPANY P. O, BOX 2050 7101/2012 A ABAG PLAN Corporation OAKLAND, CA 94604 -2050 COMPREHENSIVE FORM CONIPANY 510/464 -7969 PRODUcr/ B Ins. Co. Of The State of Pennsvlvanla Covered Party: Los Gatos COMPLETED OPERATIONS COMPANY P,O, Box 949 - C Lexineton Insurance Company 7' PREMISES I OPERATIONS. Los Gatos, CA 95031 v UNDERGROUND EXPLOSION ••��., nan,.nr, u,n v wavnceamn a LnI LOU ROW HAVE DEF.N ISSUED TO THE WSUKEDNA,M ED ABOVE FOR Tile 'LRSI OR CONDITION OP ANY CONTRACT OR OTHM DOCUMENT R'THI RESPECT i'0 WHICH THIS CCRTIFICSTR MAY BE ISSUED ON .% IY THE POLICIES DESCRIBED HERBIN IS SUBJECT TO ALL TI I E TERMS. 9XCLU5IONS AND CONDITIONS OF SUCH AORF.EMN &TS. PERTAIN, THE COVERAOB A PPORDEI r '�Nr$s'�ia,1F1:lAS(L1T1? Y k EACH i. OCCURRENCE Combined $5 Single Limit (CSL) POLICY POLICY CO TYPE OF COVERAGE I POLICY NUMBER EFFECTIVE EXPIRATION LTR - DATE DATE A MAGE GENERAL LIABILITY GAL 2011 -12 7101/2011 7101/2012 �'flv,w'1�`i4'T }( COMPREHENSIVE FORM X PRODUcr/ �1 1f COMPLETED OPERATIONS 7' PREMISES I OPERATIONS. v UNDERGROUND EXPLOSION PERTAIN, THE COVERAOB A PPORDEI r '�Nr$s'�ia,1F1:lAS(L1T1? Y k EACH i. OCCURRENCE Combined $5 Single Limit (CSL) PROPERTY INSUR,4,`ICE P112695 -004 7/01/2011 7/01/2012 CSL S 25,000,000 }(; PROPERTY /SPECIAL FORM PROPERTY (per•Schedule) �( aDILER ,& ,VIACHINL•RY BOIL .eR ,R MACH 525,000,000 DESCRIPTION; General liability includes Personal Injury and Public Officials' Errors and Omissions Liability. This Certificate is issued as proof the above -named Covered Party is an active member and in good standing with coverage as indicated above. 1L County of Santa Clara, and the officers, agents, and employees the County of Santa Clara, individually and collectively. Attention: County of Santa Clara c/o Cbix BPO P.O. Box 257, Reference #84- 1010468 Portland MI 48875 -0257 SHOULD ANY OF THE ABOVE DESCRIBED AD RE EMENTS BE CANCELLED MORE THE EXPIR,ATI ON DATE THE RE OF. THE PROVIDMIRRO VIDEE WILL ENDEAVOR TO HALL 10-DAY WRITTEN ,NOTICE TO Tit CERTIFICATE HOLDRR NAMED TO THE LEFT, HOWEVER, FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TILE COMPANY, ITS AGENTS OR REPRESENTATIVES. James IIill, PLAN Risk Manager Administered by the OAssociation of Bay Area Governments W/51134j �.V 1 ;((o55 f5\ Y ! V BROAD FO PROPERTY MAGE �'flv,w'1�`i4'T �1 1f A• 1�J ;J F� ii' t A��;pJ'��jjl�� j © � • 1 • B Excess General & Auto Liability Public Official f, • M PROPERTY INSUR,4,`ICE P112695 -004 7/01/2011 7/01/2012 CSL S 25,000,000 }(; PROPERTY /SPECIAL FORM PROPERTY (per•Schedule) �( aDILER ,& ,VIACHINL•RY BOIL .eR ,R MACH 525,000,000 DESCRIPTION; General liability includes Personal Injury and Public Officials' Errors and Omissions Liability. This Certificate is issued as proof the above -named Covered Party is an active member and in good standing with coverage as indicated above. 1L County of Santa Clara, and the officers, agents, and employees the County of Santa Clara, individually and collectively. Attention: County of Santa Clara c/o Cbix BPO P.O. Box 257, Reference #84- 1010468 Portland MI 48875 -0257 SHOULD ANY OF THE ABOVE DESCRIBED AD RE EMENTS BE CANCELLED MORE THE EXPIR,ATI ON DATE THE RE OF. THE PROVIDMIRRO VIDEE WILL ENDEAVOR TO HALL 10-DAY WRITTEN ,NOTICE TO Tit CERTIFICATE HOLDRR NAMED TO THE LEFT, HOWEVER, FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TILE COMPANY, ITS AGENTS OR REPRESENTATIVES. James IIill, PLAN Risk Manager Administered by the OAssociation of Bay Area Governments ASSOCIATION OF BAY AREA GOVERNMENTS ABAG PLAN Corporation P.O, Bo Oakland, California 94604 -2050 (510) 464 -7969 ADDITIONAL COVERED PARTY ENDORSEMENT THIS ENDORSEMENT CHANGES THE CONTRACT Please read It carefully! Endorsement Effective: 711/2011 - 7/1/2012 Entity: Los Gatos Additional Covered Party: 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. Description of Operations or Facilities: Grants The definition of Covered Party is amended to include any person or organization the Entity is contractually obligated to include as an additional insured, and for which a Certificate of Coverage has been issued and is on file with ABAG PLAN Corp., with respect to Bodily Injury, Personal Injury and Property Damage arising out of the Entity's operations or premises owned by or rented to the Entity. The coverage provided to the additional Covered Party does not apply to any liability occurring after those operations or use of premises have ceased. Coverage applies only to the vicarious liability of the additional Covered Party for operations or services described in the contract with the Entity, No coverage applies to liability arising from the sole negligence of the additional Covered Party. The inclusion of more than one Covered Party under this policy shall not operate to impair the rights of one Covered Party against another Covered Party and the coverages afforded by this policy shall apply as though separate policies had been issued to each Covered Party. The:inclusion of more than one Covered Party shall not, however, operate to increase the limit of ABAG PLAN Corp.'s liability. A Certificate Holder shall not, by reason of their inclusion under this policy, incur liability for payment of premium for this policy. If required by contract, any insurance carried by an additional Covered Party which may be applicable shall be deemed excess and the Entity's coverage primary notwithstanding any conflicting provisions in the Entity's policy to the contrary. The limit of coverage for the additional Covered Party is the minimum amount required by contract or $5 million, whichever is less. In the event of cancellation of the Entity's coverage, we agree to mail thirty (30) days (ten [101 days for non- payment of premium) advance notice of such cancellation to each Additional Covered Party per certificates on file with ,ABAG PLAN Corporation. All other terns and conditions in the policy remain unchanged. authorized Signature: Date: 8/23/2011 James Hill, PLAN Risk Manager 0 ABAG PLAN Corporation W N O J 0 X � J 0 � N W n_ y � N b pp O @ p @ 7 N 0 n O O w o o O O <O z N D Q O A o �. R o o m @ S D O ( N. @ D D 2 rn h w C7 n ° p 3 � o� ° 3 3 zi n n _ z �� COD 3 @ N N O n @ @ n O N 'O o N CO � r - m' w ° c - w d M w O r N 0 F N Q N CY w n, o. DO 0 O7 N = S F C' 0 V> Gi H 0 V) H 0 w N O N -4 s V W N nn V rn o rn ,A N m W 0 O A n W U 0 W V V W N V o , o N J J O V A m O A O A O O] O A N O O O O O O O w 0 O A J O O p W O O (P W J W r D] A W m W u, W W w cn W J o W.pp- o o W o O1 A N 0 o p A O A O O O O O O O O O O O U 0 W V V W N V o , o N J J O V A m O A O A O O] O A N O O O O O O O w 0 O A J O O p W O O (P W J W r D] A W m W W N J O (O W W Ut W J O O O1 A N 0 o p A J O A O A O N O O O O O W O O O O O 0 a H O ro c� n ti N O J IQ n O z a z n r I K x a` r � W N J O (O W O J A T O O O1 A N 0 o p A J 0 a H O ro c� n ti N O J IQ n O z a z n r I K x a` r � Exhibit H to County /City Contract URBAN COUNTY HOUSING REHABILITATION SERVICES 1. OBJECTIVE AND RELATIONSHIP The City/Town has determined to engage in a Housing Rehabilitation Program, as a means to assist qualified low - income individuals of single - family, owner - occupied homes with housing rehabilitation services and to address health and safety issues with the objective of improving the housing stock in the City /Town. The County agrees to accept responsibilities for the administration of the Housing Rehabilitation Program in conjunction with the City /Town. The administration includes all aspects of loan origination and on -going loan servicing through the life of the loan. 2. DESCRIPTION OF PROGRAM AND GOALS The Housing Rehabilitation Program is responsible for providing housing rehabilitation services and tow - interest loans to low - income homeowners their owner- occupied properties. Housing rehabilitation loans are offered to low- income property owners to enable them to improve their properties, bring them up to current building codes, address health and safety issues, and contribute to neighborhood preservation. The County of Santa Clara Housing Rehabilitation Program will provide rehabilitation and loan services to new eligible applicants of owner- occupied single - family residences on behalf of the City /Town. 3, SERVICES PROVIDED BY THE COUNTY A, Application Process 1) Review client (s) applications. Verify that the client owns and occupies the property and that the property is located in a participating City/Town. 2) Make a preliminary determination regarding income eligibility in accordance with the most current income guidelines determined by the Federal Department of Housing and Urban Development (HUD) for the County. 3) Continue to process the application, order credit and preliminary title reports, and conduct a Minor Rehabilitation Environmental Review in accordance with the National Environmental Protection Act (NEPA) requirements of the property, as applicable. 4) Prepare of list of code deficiencies and preliminary cost estimate of project, County of Santa Clara PY 10/11 Office of Affordable Housing County /City Contract Community Development Block Grant Program Exhibit H b. Approval Process 1) Schedule and meet with the County Housing Loan Committee to discuss client's application, income status, and proposed /estimated scope of work. The County Housing Loan Committee will make the decision to approve or deny each project and set the loan terms for each project. 2) Advise clients of the final decision regarding the status of their applications and their proposed loan terns. (Current Santa Clara County Housing Lour Committee Policies and Procedures are on file at the Office of Affordable Housing.) 3) Advise City /Town of approved projects, including loan amount and terms. C. Construction Process 1) Inspect property to assist clients in assessing and deciding on needed property improvements to bring the property into minimum Housing Quality Standards and conformance with local building and housing codes. 2) Prepare a "scope of work" detailing the proposed work items and cost estimates and review the scope of work with the client. 3) Invite pre - qualified licensed contractors to submit written bids based on the approved scope of work. Review bids with clients and assist clients in selecting the bidder. Verify that selected bidder complies with all insurance and licensing requirements. 4) Assist clients in finalizing construction contract documents and authorize commencement of work. Review construction work in progress for compliance with project specifications and conformity to all applicable codes for formal inspection by local building officials. Authorize, with property owner's approval, change orders and progress payments to contractor for up to 90% of contract price. S) Perform final hrspections, review mechanic lien releases, review contractor's affidavit, review applicable warranties or guarantee issues with client, and review any manufacturer's informational materials. Authorize final payment (retention) to contractor 35 days after recordation of the Notice of Completion and verification that no unreleased mechanic's liens have been recorded. d. Loan Documents Prepare all loan documents for signature and recordation as appropriate, including but not limited to; Deed of Trust, Promissory Note, Notice of Right to Cancel, Truth in Lending Disclosure Statement, Request for Notice of Default, Owner Participation Agreement, Certification of Trust, Deeds of Reconveyance, and County of Santa Clara 2 FY 10/11 Office of Affordable Housing County/City Contract Community Development Block Grant Program Exhibit H 2) Set tip a loan portfolio of all Housing Rehabilitation Program loans in the County loan database, monitor balances, and mail required financial statements. C. Project Completion 1) Provide client with a Housing Rehabilitation Program evaluation questionnaire for completion to return to the Office of Affordable Housing (OAH). The OAH will forward a copy to the City/Town. Record the Notice of Completion and check for liens placed against the property. 2) Clarify any warranty or guarantee issues with the client. 3) Provide a copy of the Notice of Completion to City/Town. On -going Monitoring Maintain client file, ensure client's ongoing adherence to hazard insurance requirements, issue final letter to client documenting all rehabilitation costs, change orders, final loan amount, and servicing of the loan. g. Reporting 1) Provide the City/Town with a quarterly report of the activity in its individual Revolving Loan Fund. Reports will include details of revenues and expenses by project / loan, status. of project, and will include the Cash Control Record (CCR). Also provide the City/Town with an updated report whenever requesting a transfer of funds from the City/Town to its Revolving Loan Fund. 4. FEES FOR SERVICES a. Initial Administration Fee Upon execution of the CDBG County/City Contract the City /Town will remit an annual Rehab Program administration fee in the sum of $ 111 to the County of Santa Clara, Office of Affordable Housing. This fee will reimburse the County for its administration of the rehab program on behalf of the City/Town. It also includes the County's management of up to 2 completed projects during the FY. A completed project is signified by a recorded Notice of Completion. County of Santa Clara 3 FY 10/11 Office of Affordable Housing County/City Contract Community Development Block Grant Program Exhibit H b, Project Completion Fee The sum of $6 will be paid to the County for each completed project in the current fiscal year beginning with the third completed project and thereon. A completed project is signified by a recorded Notice of Completion where applicable. The County will invoice the City /Town after each completed project. No project will be billed twice. c. Projects Not Completed For any project, beginning with the 3 r1 project, that is terminated by the client prior to the issuance of the Notice to Proceed (NTP) by the County, a sum in the amount of JIM will be paid to the County upon an invoice from the County to the City /Town. If a project is terminated by the client after the NfP is issued, the City /Town shall remit the full project cost of $6, to the County. No project will be billed twice. d. Loan Servicing Fee For each existing housing rehabilitation loan the County agrees to accept as a transfer from the City /Town and perform ongoing loan servicing throughout the term of the loan, a sum in the amount of $ 1,100 will be paid to the County upon an invoice from the County to the City /Town. This fee is a lump sum payment for accepting the transfer and will not be billed each FY for each transferred loan. 5. FISCAL RESPONSIBILITIES I . County will maintain an individual revolving loan fund for each City /Town. b. All "program income" generated from loan payoffs will be deposited, accounted for, and tracked individually for each City /Town and will fund future Housing Rehabilitation Program projects only in the respective City /Town. 6. SERVICES PROVIDED BY THE CITY/TOWN a. Distribute Housing Rehabilitation brochures or flyers to various locations frequented by the general public. b. Publish an advertisement (eg. print, radio, television) at least four times annually informing the residents of the existence of the Housing Rehabilitation Program, its basic eligibility requirements, and how to contact the program. C. Refer prospective clients who appear to meet basic program criteria to the Housing Rehabilitation Program. Report results of outreach efforts to the County on a quarterly basis. e. Pay the County invoices upon request. County of Santa Clara 4 PY 10 111 Office of Affordable Housing County /City Contract Community Development Block Grant Program Exhibit H �A O P. 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