1993-136 - Approving the CDBG contract between the County of Santa Clara and the Town for FY 1993-94RESOLUTION 1993 -136
RESOLUTION OF TIIE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT
BETWEEN THE COUNTY OF SANTA CLARA AND THE TOWN OF LOS GATOS
FOR FISCAL YEAR 1993 -94 AND AUTHORIZING EXECUTION OF AGREEMENT
WHEREAS, the Town of Los Gatos participates in the County Cooperative
Community Development Block Grant Program; and
WHEREAS, the Department of Housing and Urban Development requires
an individual contract between the County of Santa Clara and participating cities; and
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS
GATOS DOES HEREBY RESOLVE AS FOLLOWS: that the Town Manager is authorized
to execute: 1) the Agreement for Community Development Block Grant funds for the
period July 1, 1993, through June 30, 1994, between the County of Santa Clara and the
Town of Los Gatos, attached as Exhibit A; and, 2) future amendments to the Exhibits to
the Agreements so long as they conform to the adopted Town budget.
CSD08: A:\ RES OS\CS092093.136 -I-
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 20th clay of September, 1993, by the following
vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck,
Patrick O'Laughlin, Joanne Benjamin
NAYS: None.
ABSENT: None.
ABSTAIN: None.
SIGNED:
1\ OR OF TI °IE TOWN F LOS GATOS
ATTEST:
LOS GATOS, CALIFORNIA
_ v �
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSD08:A: \RESOS \CS092093.136 -2-
A = l
i H H:—,
CDBG COUNTY /CITY CONTRACT REC.
Contract NK' H-6 94 69
AGREEMENT
THIS AGREEMENT is made and entered into
by and between the COUNTY OF SANTA CLARA, a
of the State of California (hereinafter
CITY /TOWN OF
(hereinafter
Santa Clara
"CDBG ") Joint
tos
on May 18. 1993
political subdivision
"COUNTY "), and the
•1clrr1 ; participating as a member of
COMMUNITY DEVELOPMENT BLOCK GRANT
Powers Agreement.
WITNESSETH
a_ county or
(hereinafter
WHEREAS, COUNTY has received CDBG Entitlement Program funds
from the Department of Housing and Urban Development (hereinafter
HUD) as an entitlement jurisdiction pursuant to the provisions of
Title 1 of the Housing and Community Development Act of 1974, as
amended; and,
WHEREAS, COUNTY has agreed to the use by CITY, as a
subrecipient, of a portion of COUNTY'S CDBG entitlement for a
housing program to be operated within COUNTY and which shall
benefit low and very low income households;
NOW, THEREFORE, the parties agree as follows;
I. PROGRAM
COUNTY agrees to grant for fiscal year 1993/94 a portion
of its CDBG entitlement, and /or program income as defined in 24
CFR 570 Subpart J, "Grant Administration" (570.504), to the CITY,
as a subrecipient of the County being the sum of Two Hundred Ninety -
Five Thousand Four Hundred Twenty -Seven Dollars and Three Cents
($ 295 427.03 ) for the purpose of reimbursing the
City for costs incurred to implement the housing program (herei-
nafter PROGRAM). A lump sum figure is allocated for this con-
tract and the parties understand and agree that the allocation is
distributed by the COUNTY through reimbursing the CITY for al-
lowed expenses, and no lump sum distribution of CDBG funds is
made at the outset of this contract. Reimbursement for fiscal
year shall not exceed the total sum of the begin-
ning fiscal year Cash Control Sheet (fiscal year CDBG allocation
of funds to CITY, and roll -over of unexpended CDBG funds from
previous years allocations to CITY.) CITY is granted authority
to also explend funds for eligible CDBG Housing activities from
its approved rehabilitation program revolving loan fund account,
including accrued Program Income. Such authority is based on CITY
being in compliance with all Federal Rules and Regulations gov-
erning the CDBG PROGRAM, and the COUNTY CDBG Reallocation Guide-
lines.
As a condition D this contract CITY shall submit Exhibit "A"
(Program Description), Exhibit "B" (Project Work Plan) , Exhibit
"C" (proposed Implementation Time Schedule) Exhibit "D" (Budget),
Exhibit "E" (Certifications), Exhibit "F" (Assurances), and
Exhibit "G" (Insurance) , or an equivalent acceptable format for
providing this information, for all allocated CITY projects
awarded funding during fiscal year 93/94 . The approved
versions of such submittals shall become a part of this Contract
by being attached hereto and by this reference incorporating such
submittals.
II. TERM
A. The term of this Agreement shall begin on 7/1/93 and
shall terminate on 6/30/94 unless
terminated earlier pursuant to Section V or Section VIZ of
this Agreement.
B. The term of expenditure for the grant amount provided for
herein shall begin on 7/1/93 and terminate
on the earliest of the following dates as set forth herein:
6/30/94 ; the date of the expenditure of the
total grant, and /or program income amount provided for
herein; upon the termination date established pursuant to
Section V or Section VII of this Agreement.
III. OBLIGATIONS OF CITY
A. City Shall:
1. Provide COUNTY with written certification that the
following information will be on file at the CITY
offices, and will be subject to monitoring by HUD
and /or COUNTY HCD staff, or their representatives.
a. Names and addresses of the current CITY Manager
and CITY Council members;
b. Copy of CITY'S approved Affirmative Action Plan;
and
C. Records of all CITY Council meetings dealing with
CDBG matters.
2. CITY shall provide COUNTY with information and housing
objectives for the Urban County Comprehensive Housing
Affordability Strategy (CHAS) at the beginning of each
three (3) year Joint Powers Agreement.
B. Program-Performance by CITY. CITY shall:
1. Conduct the PROGRAM within Santa Clara County, for the
purpose of benefiting low and very low income
households.
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2. File progz ssive reports with COUNTY the type and
number of services rendered through the operation of
the PROGRAM and a description of the beneficiaries of
these services, which reports shall evaluate the manner
in which the PROGRAM is achieving its objectives and
goals as a participating non - entitlement city.
C. Fiscal Responsibilities of CITY. CITY shall:
1. Appoint and submit the name of the CITY managerial
staff who shall be responsible for the financial and
accounting CDBG activities of CITY, including the
receipt and disbursement of CITY CDBG funds. The COUNTY
shall immediately be notified in writing of the
appointment of a new fiscal agent and that agent's
name, and CITY will submit three (3) new signature
cards if applicable.
2. Establish and maintain an accounting system that shall
be in conformance with generally accepted principles of
accounting. The accounting system shall be subject to
review and approval of COUNTY.
3. Document all PROGRAM costs by maintaining records in
accordance with Section III, Paragraph D below.
4. Submit to the COUNTY request for reimbursement, as
needed, supported by documentation as agreed to by CITY
and COUNTY.
5. Certify current and continuous insurance coverage of
CITY, subject to approval of COUNTY and in accordance
with requirements as. outlined in Exhibit "G"
(Insurance); and obtain certificate of sufficient
insurance from all subrecipients which shall list CITY
as additional insured.
6. Subparagraph C. 1) through 5) above are express
conditions precedent to disbursement of any COUNTY
funding and failure to comply with these conditions
may, at the discretion of COUNTY, result in the
suspension of funding or termination of specific
projects in non - compliance; or initiate the suspension
of funding or termination of this AGREEMENT as provided
for herein.
7. CITY is liable for repayment of all disallowed costs
and ineligible activities. Disallowed costs and ineli-
gible activities may be identified through audits,
monitoring or others sources. CITY shall be required
to respond to any adverse findings which may lead to
disallowed costs, subject to provisions of OMB Circular
A -87, "Cost Principles for State and Local
Governments ", and A -128, "Single Audits of State and
Local Governments". City shall be required to respond
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to any Iverse findings which may _aad to ineligible
activities, subject to provisions of 24 CFR Part
570.201 -206 "Eligible Activities" and 24 CFR Part 570-
207 "Ineligible Activities ".
D. Establishment and Maintenance of Records. CITY shall:
1. Maintain complete and accurate records of all its CDBG
transactions including, but not limited to, contracts,
invoices, time cards, cash receipts, vouchers, canceled
checks, bank statements, client statistical records,
personnel, property and all other pertinent records
sufficient to reflect properly:
a. All direct and indirect costs of whatever nature
claimed to have been incurred or anticipated to be
incurred to perform this Agreement or to operate
the PROGRAM; and
b. All other matters covered by this Agreement.
E. Preservation of Records. CITY shall preserve and nake
available its records:
1. Until the expiration of five years from the date of
final payment to CITY under this Agreement; or
2. For such longer period, if any as is required by
applicable law; or
3. If this Agreement is completely or partially terminat-
ed, the records relating to the work terminated shall
be preserved and made available for a period of five
years from the date of termination.
F. Examination of Records; Facilities. At any time during
normal business hours, and as often as may be deemed reason-
ably necessary, CITY agrees that HUD and the COUNTY, and /or
any duly authorized representatives may until expiration of:
(a) five years after final payment is made pursuant to this
Agreement, (b) five years from the date of termination of
this Agreement, or (c) such longer period as may be pre-
scribed by law: have access to and the right to examine CITY
CDBG records and facilities, and the offices and facilities
of CITY'S subrecipients, as agreed to by subrecipient in
.their agreement with city used in performance of this Agree-
ment or the operation of the PROGRAM and all matters covered
by this Agreement. CITY also agrees that COUNTY or any duly
authorized representatives shall have the right to audit,
examime, and make excerpts or transactions of and from, such
records and to make audits of all contracts and subcon-
tracts, invoices, payrolls, records of personnel, conditions
of employment, materials and all other data relating to the
PROGRAM and matters covered by this Agreement. CITY
will be notified in writing of intended audits. CITY will
N
be notified in writing of intended inspeci ins of records
and facilities and of intended audits no less than three
business days before such inspections or audits. CITY will
be required to respond in writing to the HCD Program Manager
to any audit findings, and have the responses included in
the final audit report. The cost of any such audit will be
borne by COUNTY.
G. Compliance with Law. CITY staff shall become familiar and
comply with and require all its subcontractors, independent
contractors and employees, if any, to become familiar and
comply with all applicable Federal, State and local laws,
ordinances, codes, Regulations and decrees including, but
not limited to, those Federal rules and Regulations, execu-
tive orders, and statutes identified in "F" ASSURANCES.
Specifically, CITY shall comply with the requirements of OMB
Circular No. A -87, "Principles for Determining Costs Appli-
cable to Grants and Contracts with State, Local and Federal-
ly recognized Indian Tribal Governments ", and OMB Circular
A -128 "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.
IV. OBLIGATIONS OF COUNTY
A. Method of Payment. During the term of this Agreement,
COUNTY shall reimburse CITY for all allowable costs and
expenses incurred in connection with the PROGRAM, not to
exceed the total sum of the beginning fiscal year Cash
Control Record plus all Program Income accrued during the
fiscal year. Reimbursement for eligible expenses will be
paid by COUNTY within thirty days (30) of the date the
reimbursement request is received by COUNTY HCD staff, under
the proviso that the CITY has complied with all PROGRAM
regulations, and contract conditions agreed to by CITY and
COUNTY.
Reimbursement may be held back, in part or in full, by
COUNTY, in the event of CITY'S non - compliance to PROGRAM
regulations and conditions. Substantial non- compliance
includes, but is not limited to, incomplete documentation of
expenses, failure to submit adequate documentation of
PROGRAM progress as described in III, paragraph B.2, of this
Agreement, failure to provide and maintain an accounting
system that shall be in conformance with generally accepted
principles of accounting, or based on the suspension or
termination of the Grant to COUNTY made pursuant to the
Housing and Community Development Act of 1974, as amended.
B. In the case of CITY substantial non - compliance prior to
exercising any recourse authorized herein, COUNTY shall
initiate the following procedure:
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1. Notify the CITY Coordinator in writing of the alleged
substantial non - compliance and request an immediate
meeting between CITY Coordinator and COUNTY HCD Program
Manager to resolve issue(s). If issue(s) is(are) not
resolved satisfactorily within thirty (30) days, notify
CITY Manager in writing requesting an immediate meeting
between CITY Manager, CITY Coordinator and COUNTY HCD
Program Manager to resolve the issue(s).
2. Determine if any portion of the reimbursement request
meets all eligible criteria, and if so, authorize
payment for the eligible portion of the reimbursement
request;
3. Review the procedure to by followed under V. C. of this
Agreement (CONTRACT COMPLIANCE, Corrective Action
Procedure); and
4. If applicable, forward a written report to HUD's
Regional Office detailing the substantial non -com-
pliance issues and the steps being instituted to cor-
rect performance, copy to the CITY Manager.
C. Compliance with Law. COUNTY shall become familiar and
comply with and require all its subcontractors and em-
ployees, 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 statues
identified in "F" ASSURANCES. Specifically, COUNTY shall
comply with the requirements of OMB Circular No. A -87,
"Principles for Determining Costs Applicable to Grants and
Contracts with State, Local, Federally recognized Indian
Tribal Governments ", and OMB Circular A -128 "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. CONTRACT COMPLIANCE
A. Monitoring- and Evaluation of Services. Evaluation and
monitoring of the PROGRAM performance shall be the mutual
responsibility of both COUNTY and CITY, with the
understanding that HUD looks to COUNTY as the sole
responsible party for meeting PROGRAM requirements. CITY
shall furnish data, statements, records, information and
report's as mutually agreed to by CITY and COUNTY as
necessary for COUNTY to monitor, review and evaluate the
performance of the PROGRAM and its components. COUNTY shall
have the right to request the services of an outside agent
to assist in any such evaluation. Such services shall be
paid for by COUNTY.
M
B. Contract Noncu-pliance. Upon receipt h COUNTY of any
information that evidences a failure by CITY to comply with
any provision of this Agreement (24 CFR 85.43 "Enforcement ")
COUNTY shall have the right to require corrective action to
enforce compliance with such provision. Areas of non-
compliance include but are not limited to:
1. If CITY knowingly shall have made any material
misrepresentation of any nature with respect to any
information or data furnished to COUNTY in connection
with the PROGRAM.
2. If there is pending litigation with respect to the
performance by CITY of any of its duties or obligations
under this Agreement which may materially jeopardize or
adversely affect the undertaking of or the carrying out
of the PROGRAM. The CITY and COUNTY may negotiate a
reinstatement of this Agreement following termination
or conclusion of such litigation.
3. If CITY shall have taken any action pertaining to
the PROGRAM which required COUNTY approval without
having obtained such approval.
4. If CITY is in default under any provision of this
Agreement.
5. If CITY makes improper use of COUNTY funds.
6. If CITY fails to meet all provisions of the COUNTY
CDBG Reallocation Guidelines, or Joint Powers
Agreement.
C. Corrective Action Procedure. Once non - compliance is
established the following procedure shall be initiated:
1. COUNTY HCD Program Manager and CITY Manager shall
negotiate a time frame and course of action for
correcting the non - compliance;
2. Under this Agreement, CITY shall provide COUNTY with a
written plan and time frame for correcting the non-
compliance issue (s). Such plan shall be submitted by
CITY to COUNTY within thirty (30) days of the initial
non - compliance meeting between CITY and COUNTY.
3. CITY must initiate the
procedure within sixty (60) days
compliance meeting between the
Manager and the CITY Coordinato
discretion, may extend this time
circumstances);
corrective action
of the initial non -
COUNTY HCD Program
r (COUNTY, at their
line for extenuating
4. COUNTY shall have the right to require the presence of
CITY officers at any hearing or meeting called for the
7
purpos Df considering corrective �tion; and
5. CITY has the right to appeal all findings of non-
compliance, and subsequent corrective action, with both
the COUNTY Board of Supervisors and HUD.
D. Termination for Cause. Notwithstanding anything to the
contrary contained in the foregoing, COUNTY may terminate or
suspend this Agreement by written notice to CITY if:
1. The non- compliance issue(s) have not been addressed
and resolved within the aforementioned corrective
action plan time period;
2. If CITY is in bankruptcy or receivership;
3. If a member of CITY'S management is duly found to have
committed wrongful acts in connection with the CDBG
program (termination or suspension shall be applied
only to that portion of the CDBG program for which the
person who committed wrongful act is responsible);
4. If there is reliable evidence that CITY is unable to
operate the PROGRAM.
Suspension of payment or termination under this section
shall be effective on the date notice of termination is
received by CITY, or such later date as may be specified in
the notice.
VI. PROGRAM COORDINATION
A. COUNTY. The County Executive shall assign a single PROGRAM
MANAGER for COUNTY who shall render overall supervision of
the progress and performance of this Agreement by COUNTY.
All services agreed to be performed by COUNTY shall be under
the overall direction of the PROGRAM MANAGER.
B. CITY. As of the date hereof, CITY has designated
to serve as CITY
CDBG Program Coordinator, and CITY MANAGER
(or assignee approved by the
CITY Council) to assume overall responsibility for the
progress and execution of this Agreement. The COUNTY shall
be immediately notified in writing of the appointment of a
new CITY CDBG Program Coordinator, or a new CITY Manager (or
assignee approved by the CITY Council).
C. NOTICES. All notices or other correspondence required or
contemplated by this Agreement shall be sent to the parties
at the following addresses:
F
COUNTY housing and Community Devel ment Program
c/o Charles Chew, HCD Program Manager
1735 North First Street, Suite 265
San Jose, CA 95112
CITY
Name of CITY
Address of CITY
Name of CITY MANAGER
All notices shall either be hand delivered or sent by United
States mail, registered or certified, postage prepaid. Notices
given in such a manner shall be deemed received when hand deliv-
ered or seventy -two (72) hours after deposit in the United States
mail. Any party may change his or her address for the purpose of
this section by giving five days written notice of such change to
the other party in the manner provided in this section.
VII. TERMINATION
A. In addition to the COUNTY'S right to terminate for cause set
forth in Section V, either COUNTY or CITY may suspend or
terminate this Agreement as provided for in 24 CFR 570,
at Subpart J "Grant Administration ", and /or 24 CFR 85.44
"Termination for Convenience ". Provisions of the Realloca-
tion Guidelines will apply, but may be adjusted if termina-
tion is for cause.
B. Upon termination, either under this Section VII or Section
V, CITY shall:
1. be paid for all documented services actually rendered
to COUNTY to the date of such termination; provided,
however, COUNTY shall be obligated to compensate CITY
only for that portion of CITY'S services which are
allowable costs and expenses as determined by an audit
or other monitoring device;
2. turn over to COUNTY immediately any and all copies of
studies, reports and other data, whether or not
completed, prepared by CITY or its subcontractors or
subrecipients, if any, in connection with this
Agreement. Such materials shall become property of
COUNTY. CITY, however, shall not be liable for COUNTY'S
use of completed documents if used for other than the
services contemplated by this Agreement; and
3. transfer to the COUNTY any CDBG funds on hand and any
accounts receivable attributable to the use of CDBG
funds. All assets acquired with CDBG funds shall be
returned to the COUNTY unless otherwise negotiated by
9
separa. agreement per the provisions of the Santa
Clara County CDBG REALLOCATION GUIDELINES.
C. Upon termination of this Agreement, CITY shall immediately
provide COUNTY access to and copies of (if requested) all
documents, records, payroll, minutes of meetings,
correspondence and all other data pertaining to the CDBG
entitlement fund granted to CITY pursuant to this Agreement.
VIII. USE AND DISPOSAL OF REAL OR PERSONAL PROPERTY
CITY and COUNTY will be accountable for all applicable Federal
Regulations as detailed by 24 CFR Part 570, Subpart J, i.e.
570.500 (Definitions), 570.503 (Agreements with Subrecipients),
570.504 (Program Income), and 570.505 (Use of Real Property) with
regards to the use and disposal of Real or Personal Property
purchased in whole, or in part, with CDBG funds.
A. In addition, 24 CFR Part 85 (The Common Rule) includes
definitions under 24 CFR Part 85.3, however, Common Rule
85.31 (Real Property) DOES NOT APPLY TO CDBG ACTIVITIES.
The following definitions will apply to this Agreement:
B. Definitions. 24 CFR, Part 85 (Common Rule) 85.3
1. Equipment means tangible, non - expendable, personal
property having a useful life of more than one year and
an acquisition cost of $5,000 or more per unit.
2. Title as defined in detail in 24 CFR, Part 85.32 (a).
3. Use as defined in detail in 24 CFR, Part 85.32 (c) (1).
4. Supplies as defined in detail in 24 CFR, Part 85.33.
5. Procurement Use and Disposition of Real Property as
defined in detail by 24 CFR, Part 570.503 (Agreements
With Subrecipients), 570.505 (Use of Real Property),
and 570.504 (Program Income).
IX. PROGRAM INCOME
Income generated by the PROGRAM shall be regulated by all
provisions of 24 CFR 570 Subpart J "Grant Administration ", and
the Santa Clara County CDBG REALLOCATION GUIDELINES. (C. 1. a.-
C.)
X. INDEPENDENT CONTRACTOR
This is an Agreement by and between independent contractors and
is not intended and shall not be construed to create the
relationship of agent, servant, employee, partnership, joint
venture or association between CITY and COUNTY. CITY, including
its officers, employees, agents, independent contractors or
10
subcontractors, shall not have any claim under is Agreement or
otherwise against COUNTY for any Social Security, Worker's
compensation, or employee benefits extended to employees of
COUNTY.
XI. ASSIGNABILITY
A. This Agreement may not be assumed nor assigned to another
CITY, CORPORATION, PERSON, PARTNERSHIP or any other entity
without the prior written approval of COUNTY.
B. None of the work or services to be performed hereunder shall
be assigned, delegated or subcontracted to third parties
without the prior written approval of COUNTY. Copies of all
third party contracts shall be submitted to COUNTY at least
ten days prior to the proposed effective date. In the event
COUNTY approves of any such assignment, delegation or sub-
contract, the subcontractors, assignees or delegates shall
be deemed to be employees of CITY, and CITY shall be
responsible for their performance and any liabilities
attaching to their actions or omissions. The use of the
word "employees" in this paragraph is limited solely to
activities by those persons described herein, related to the
management and potential repayment of the program funds
provided for in the Contract. The use of the term here does
not create liability for personal injuries, worker's
compensation or other forms of liability, obligation or
responsibility which flow from employee /employer
relationships.
XII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION
COUNTY and CITY agree to maintain the confidentiality of any
information regarding applicants for services offered by the
PROGRAM pursuant to this Agreement or their immediate families
which may be obtained through application forms, interviews,
tests, reports from public agencies or counselors, or any other
source. Without the written permission of the applicant, such
information shall be divulged only 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 Agree-
ment, and then only to persons having responsibilities under this
Agreement, including those furnishing services under the PROGRAM
through approved subcontracts.
XIII. HOLD HARMLESS
CITY shall indemnify and hold harmless, the COUNTY, its employees
and elected officials, boards and commissions, with respect to
any damages, including attorney's fees and court costs, arising
from:
1) any negligent act or omission, or willful misconduct
arising out of any work or service performed by CITY,
its officers, employees, agents or subcontractors under
the PROGRAM or this Agreement, including but not limit-
11
ed to ie evaluation and monitori.:g of subrecipients
PROGRAM performance.
COUNTY shall indemnify, defend and hold harmless, the CITY, its
employees, officers, officials, boards and commissions, and
agents, with respect to any claims, causes of action, or damages,
including attorney's fees and court costs, arising from:
1) the failure of COUNTY to reimburse CITY for eligible
costs as defined by HUD and this Agreement; and
2) any negligent act or omission, or willful misconduct
arising out of any work or service performed by COUNTY,
its officers, employees, agents or subcontractors under
the PROGRAM or this Agreement.
All additional provisions set forth in Exhibits "A" - "G", e.g.
Insurance "G", shall be required by CITY of all its program re-
cipients.
XIV. WAIVER OF RIGHTS AND REMEDIES
In no event shall any payment by COUNTY constitute or be
construed to be a waiver by COUNTY of any breach of the covenants
or conditions of this Agreement or any default which may then
exist on the part of CITY, and the making of any such payment
while any such breach or default shall exist shall in no way
impair or prejudice any right or remedy available to COUNTY with
respect to such breach or default. In no event shall payment to
CITY by COUNTY in any way constitute a waiver by COUNTY of its
rights to recover from CITY the amount of money paid to CITY on
any item which is not eligible for payment under the PROGRAM or
this Agreement.
XV. NONDISCRIMINATION
In connection with the performance of this Agreement, CITY
assures that no person shall be subject to discrimination because
of sex, race, religion, ethnic background, sexual preference,
age, handicapped status, or union activity.
XVI. AMENDMENTS
Amendments to the terms or conditions of this Agreement shall be
requested in writing by the party desiring such amendments, and
any such amendment shall be effective only upon the mutual
Agreement in writing of the parties hereto.
XVII. INTEGRATED DOCUMENT
This Agreement, in conjunction with the Santa Clara County CDBG
Joint Powers Agreement, contains the entire Agreement between
COUNTY and CITY with respect to the subject matter hereof. No
written or oral Agreements, other than the Santa Clara County
CDBG Joint Powers Agreement, with any officer, agent or employee
iya
of COUNTY prior to execution of this Agreemen shall affect or
modify any of the terms of obligations contained in any documents
comprising this Agreement.
XVIII. ATTORNEY'S FEES
In the event it becomes necessary for any party to obtain legal
counsel to enforce the terms of this contract, the prevailing
party shall be entitled to recover reasonable attorney's fees and
costs.
XIX._ MISCELLANEOUS
A. The captions of this Agreement are for convenience of
reference only, and the words contained therein shall in no
way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of
this Agreement.
B. All exhibits attached hereto and referred to in this Agree-
ment are incorporated herein by this reference as if set
forth fully herein.
IN WITNESS WHEREOF, the parties have executed this Agreement in
duplicate the day and year above written.
COUNTY OF SANTA CLARA
ATTEST: Phyllis A. Perez Chairperson, Board of Supervisors
Clerk, Board of Supervisors
CITY
By:
APPROVED AS TO FORM AND LEGALITY:
L.l(" Nbn
LESLIE ORTA
Deputy County Counsel
APPROVED AS TO FORM:
City Attorney
contractsl0 /92.city.con
revised 8/20/93
13
EXHIBIT E
COMMUNITY DEVELOPMENT BLOCK GRANT
GRANTEE CERTIFICATIONS
In accordance with the Housing and Community Development Act of 1974, as
amended, and with 24 CFR 570.303 of the Community Development Block Grant
regulations, the grantee certifies that:
(a) It possesses legal authority to make a grant submission and to
execute a community development and housing program;
(b) Its governing body has duly adopted or passed as an official ac-
a resolution, motion or similar action authorizing the person
identified as the official representative of the grantee to su^_t
the final statement and amendments thereto and all understandi -cs
and assurances contained therein, and directing and authorizing
the person identified as the official representative of the cran`..ee
to act in connection with the submission of the final statement and
to provide such additional information as may be required;
(c) Prior to submission of its final statement to HUD, the grantee has:
1. Met the citizen participation requirements of 5570.301(b);
2. Prepared its final statement of community development
objectives and projected use of funds in accordance with
S570.301(c) and made the final statement available to the
public;
(d) It is following a detailed citizen participation plan which:
1. Provides for and encourages citizen participation, with
particular emphasis on participation by persons of low and
moderate income who are residents of slum and blighted areas
and of areas in which funds are proposed to be used, and
provides for participation of residents in low and moderate
income neighborhoods as defined by the local jurisdiction;
2. Provides citizens with reasonable and timely access to local
meetings, information, and records relating to the grantee's
proposed use of funds, as required by the regulations of the
Secretary, and relating to the actual use of funds under the
Act;
3. Provides for technical assistance to groups representative of
persons of low and moderate income that request such assistance
in developing proposals with the level and type of assistance
to be determined by the grantee;
12/91
-2-
4, Provides for public hearings to obtain citizen views and to
respond to proposals and questions at all stages of the
community development program, including at least the
development of needs, the review of proposed activities, an_^
review of program performance, which hearings shall be held
after adequate notice, at times and locations convenient to
potential or actual beneficiaries, and with accommodation
the handicapped;
5. Provides for a timely written answer to wrttecomplaints and
grievances, within 15 working days where practicable;
6. Identifies how the needs of non - English speaking residents w-411
be met in the case of public hearings where a significant n' -per
of non - English speaking residents can be reasonably expected to
participate;
(e) The grant will be conducted and administered in compliance with:
1. Title VI of the Civil Rights Act of 1964 (Public Law 88 -352,
42 U.S.C. 52000d et sea.) ; and
2. The Fair Housing Act (42 U.S.C. 3601 -20);
(f) It will affirmatively further fair housing;
(g) It has developed its final statement of projected use of funds so as
to give maximum feasible priority to activities which benefit l
moderate income families or aid in the prevention or elimination of
slums or blight; (the final statement of projected use of funds nay
also include activities which the grantee certifies are designed to
meet other community development needs having a particular urgency
because existing conditions pose a serious and immediate threat to
the health or welfare of the community, and other financial resources
are not available); except that the aggregate use of CDBG funds
received under section 106 of the Act, and if applicable, under
section 108 of the Act, during the 1993/94 program year(s) (a
period specified by the grantee consisting of one, two, or three
consecutive years), shall principally benefit persons of low arc'
moderate income in a manner that ensures that not less than 70 percent
of such funds are used for activities that benefit such person=_ during
such period;
(h) It has developed a community development plan, for the period
specified. ip paragraph (g) above, that identifies community
development and housing needs and specifies both short and long -term
community =':'velopment objectives that have been developed in
accordance .ith the primary objective and requirements of the Apt;
12/91
-3-
It is following a current comprehensive housing affordability
strategy (CHAS) which has been approved by HUD pursuant to 5570.306
and Part 91, and that any housing activities to be assisted wit:-
CD5G funds will be consistent with the CHAS;
(j) It will not attempt to recover any capital costs of public
improvements assisted in whole or in part with funds provided u..der
section 106 of the Act or with amounts resulting from a guarantz=_
under section 108 of the Act by assessinc any amount against
properties owned and occupied by persons of low and moderate i -
including any fee charged or assessment made as a condition o'_^
obtaining access to such public improvements, unless:
1. Funds received under section 106 of the Act are used to pzr t ^e
Proportion of such fee or assessment that relates to the ca=nal
costs of such public improvements that are financed from re:znae
sources other than under Title I of the Act; or
2. For purposes of assessing any amount against properties oh -.ed
and occupied by persons of moderate income, the grantee
certifies to the Secretary that it lacks sufficient funds
received under section 106 of the Act to comply with the
requirements of subparagraph (1) above;
(k) Its notification, inspection, testing and abatement procedure=_
concerning lead -based paint will comply with §570.608;
(1) It will comply with the acquisition and relocation requirements cf the
Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended, as required under S570.606(b) and Federal
implementing regulations; and it is following a residential
antidisplacement and relocation assistance plan as required under
section 104(d) of the Act and in S570.606(c); and it will com_nl_y with
the relocation requirements of 5570.606(d) governing optional
relocation assistance under section 105(a) (11) of the Act;
(m) It has adopted and is enforcing:
1. A policy prohibiting the use of excessive force by law
enforcement agencies within its jurisdiction against
any individuals engaged in non - violent civil rights
demonstrations; and
2. A policy of enforcing applicable State and local laws against
physically barring entrance to or exit from a facility or
location which is the subject of such non - violent civil rights
demonstrations within its jurisdiction;
12/91
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(n) To the best of its knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid,
by or on behalf of it, to any person for influencing or
attempting to influence an officer or employee of any age-.c%,
a Member of Congress, an officer or employee of Congress, cr 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, rene-al,
amendment, or modification of any Federal contract, grant, '_can,
or cooperative agreement;
2. If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or
to influence an officer or employee of any agency, a Her -,her Of
Congress, an officer or employee of Congress, or an enplcyee cf
a Member of Congress in connection with this Federal centr_ct,
grant, loan, or cooperative agreement, it will complete and
submit Standard Form -LLL, "Disclosure Form to Report Lobby_ng,"
in accordance with its instructions; and
3. It will require that the language of paragraph (n) of
this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly;
(o) It will or will continue to provide a drug -free workplace by:
1. Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use
of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken
against employees for violation of such prohibition;
2. Establishing an ongoing drug -free awareness program to info=
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 e_.cloyee
assistance programs; and
(d) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
12/91
-5-
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 paracraoh 1
that, as a condition of employment under the grant, the e_,olovee
will -
(a) Abide by the terms of the state =ent; and
(b) Notify the employer in writing of his or her convictic- for
a violation of a criminal druc statute occurring in t:e
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 of
other-wise receiving actual notice of such conviction. P_cI --ears
of convicted employees must provide notice, including pOSitig nn,
title, to every grant officer or other designee on whose crane
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 numbers)
of each affected grant;
6. Taking one of the following actions, within 30 calendar days of
receiving notice under subparagraph 4(b), with respect to any
employee who is so convicted -
(a) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with
the requirements of the Rehabilitation Act of 1973, as
amended; or
(b) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program anproved
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.
12/91
g, The grantee may insert in the space provided below the s te(s)
e of work done in connection with the spec-fic
for the performanc
grant:
formance (street address, city, county, state,
Place of Per
Zip code)
if there are workplaces on file that are not
Check
identified here; and
provisions of the Act and with o =:: ^er
(p) It will comply with the other
applicable laws.
signar�
D e)/'UW `au
Ti
LY
Date
e6a�o—°
APPENDIX TO CDBG CERTIFICATIONS
12/91
INSTRUCTIONS CONCERNING LOBBYING AND DRUG -FREE WORKPLACE REQUIREN .EN ^S:
A. Lobbyinq Certification - Paragraph n
This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by section
1352, title 31, U.S. Code. Any person who fails to file the
recuired certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such
failure.
B. Druc -Free Workplace Certification - Paracranh o
1. By signing and /or submitting this application or grant
agreement, the grantee is providing the certification
set out in paragraph (o).
2. The certification set out in paragraph (o) 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, BUD, in addition to any other remedies
available to the Federal Government, may take action
authorized under the Drug -Free Workplace Act.
3. For grantees other than individuals, Alternate I
applies. (This is the information to which entitlement
grantees certify).
4. For grantees who are individuals, Alternate II applies.
(Not applicable to CDBG Entitlement grantees.)
5. 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.
6. 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
7
or radio stations) -
If the workplace identified to the ageT grantees shall
during the performance of the 5 if it previously
inform the agency of the change(s), ara ra h
identified the workplaces in question (see p g p
five). terms in
8
Definitions O common rule
fha rnd Dug-Freee Workplace
sion
end common rule apply to this certification. Grantees'
alled, in particular, to the following
attention is c
definitions from these rules:
"Controlled substance" means a controlled substance in
Schedules I through V of the Controlled Substances eaulation (21
(21 U•S- C.812) and as further defined by
CFR 1308.11 through 1308.15);
"Conviction" means a finding of guilt (including a plea
"C n is iontendre) or imposition of sentence, or both,
by any judicial body charged with the responsibility to
determine v; olations of the Federal or State criminal
drug statutes;
"Criminal drug statute" means a Federal or no
criminal statute invo. 9. use, manufacture, of any
distribution, dispensing, , p
controlled substance;
"Employee" means eTformance of work underea grant,
engaged in the p (ii) all
including: (i) All "direct charge" employees;
"indirect charge" employees unless their impact or
involvement is insignificant helped rmancet of the
grant; and (iii) temporary person and
who are directly engaged in the performance of work
under the grant and who are not on the grantee's
payroll. This definition does not includeworsersDot even
on the payroll of the grantee (e.g•,
if used to meet a matching requirement; consultants or
independent contractors not on the grantee's payroll;
or employees of subrecipients or subcontractors in
covered workplaces)-
EXHIBIT F
ASSURANCES. CITY hereby assures and certifies that it will
comply with all regulations, policies, guidelines and
requirements applicable to the acceptance and use of Federal
funds for this Federally- assisted program. Specifically CITY
gives assurances and certifies with respect to the PROGRAM that
it is in compliance with the following Regulations as defined by
24 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- 284.11:
1. 570.601 Public Law 88 -352 and Public Law 90 -284;
affirmatively furthering fair housing; Executive Order
11063, as amended by Executive Order 12259 addresses
discrimination. HUD regulations implementing ,Executive
order 11063 are contained in 24 CFR, Part 107.
2. 570.602 Section 109 of the Act addresses
discrimination.
3. 570.603 Labor Standards.
4. 570.604 Environmental Standards.
5. 570.605 National Flood Insurance Program.
6. 570.606 Relocation, Displacement and Acquisition.
7. 570.607 Employment and Contracting Opportunities.
8. 570.608 Lead Based Paint.
9. 570.609 Use of Debarred, Suspended, or Ineligible
Contractors or Subrecipients.
10. 570.610 Uniform Administrative Requirements and Cost
Principles. The COUNTY, its subrecipients, agencies or
instrumentalities, shall comply with the policies,
guidelines, and requirements of 24 CFR, Part 85, and
OMB Circulars A -87 (Cost Principles for State and Local
Governments), A -110 (Grants and Agreements with Non -
Profit Organizations), A -122 (Cost Principles for Non-
Profits), and A -128 (Audits of State and Local
Governments - implemented at 24 CFR Part 24), as
applicable, as they relate to the acceptance and use of
Federal funds under this part. The applicable sections
of 24 CFR Part 85 and OMB Circular A -100 are set forth
at 570.502.
11. 570.611 Conflict of Interest.
12. 570.612 Executive order 12372 allows States to
establish its own process for review and comment on
proposed Federal financial assistance programs,
specifically the use of CDBG funds for the construction
or planning of water or sewer facilities.
EXHIBIT 'G'
BASIC INSURANCE REQUIREMENTS FOR
NON - CONSTRUCTION /NON- PROFESSIONAL SERVICES CONTRACTS
Indemnity
The Contractor shall indemnify, defend, and hold harmless the
County of Santa Clara (hereinafter "County "), its officers,
agents and employees from any loss, liability, claim, injury or
damage arising out of, or in connection with performance of this
Agreement by Contractor and /or its agents, employees or sub-
contractors, excepting only loss, injury or damage caused solely
by the acts or omissions of personnel employed by the County. It
is the intent of the parties to this Agreement to provide the
broadest possible coverage for the County. The Contractor shall
reimburse the County for all costs, attorneys' fees, expenses and
liabilities incurred with respect to any litigation in which the
Contractor is obligated to indemnify, defend and hold harmless
the County under this Agreement.
Insurance
Without limiting the Contractor's indemnification of the County,
the Contractor shall provide and maintain at its own expense,
during the term of this Agreement, or as may be further required
herein, the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Agreement, the Contractor
shall provide on the County's own form or a form approved by
the County's Insurance Manager an original plus one copy of
a Certificate of Insurance certifying that coverage as
required herein has been obtained and remains in force for
the period required by the Agreement. The County's Special
Endorsement form shall accompany the certificate.
Individual endorsements executed by the insurance carrier
May be substituted for the County's Special Endorsement form
if they provide the coverage as required. In addition, a
certified copy of the policy or policies shall be provided
by the Contractor upon request.
This verification of coverage shall be sent to the address
as shown on the County's Certificate of Insurance form. The
Contractor shall not receive a Notice to Proceed with the
work under the Agreement until it has obtained all insurance
required and such insurance has been approved by the County.
This approval of insurance shall neither relieve nor
decrease the liability of the Contractor.
i
B. Notice of Cancellation of Reduction of Coverage
All policies shall contain a special provision for thirty
(30) days prior written notice of any cancellation or
reduction in coverage to be sent to the Clerk of the Board
of Supervisors, 70 W. Hedding Street, San Jose, CA 95110,
or to the address shown on the Certificate of Insurance.
C. Qualifying Insurers
All policies shall be issued by companies which hold a
current policy holder's alphabetic and financial size
category rating of not less than A XIII, according to the
current Best's Key Rating Guide, unless otherwise approved
by the County's Insurance Manager.
D. Insurance Required
I. Comprehensive General Liability Insurance - for bodily
injury (including death) and property damage which
provides limits of not less than one million dollars
($1,000,000) combined single limit (CSL) per
occurrence.
m
2. Commercial General Liability Insurance - for bodily
injury (including death) and property damage which
provides limits as follows:
a. General limit per occurrence - $1,000,000
b. General limit aggregate - $2,000,000
C. Products /Completed Operations- $1,000,000 aggregate
d. Personal Injury limit - $1,000,000
If coverage is provided under a Commercial General
Liability Insurance form, the carrier shall provide the
County Insurance Manager with a quarterly report of the
amount of aggregate limits expended to that date. If
over 50% of the aggregate limits have been paid or
reserved, the County may require additional coverage to
be purchased by the Contractor to restore the required
limits.
3. For either type insurance, coverage shall include:
a. Premises and Operations
b. Products /Completed Operations with limits of one
million dollars ($1,000,000) per occurrence/
aggregate to be maintained for two (2) years
following acceptance of the work by the County.
c. Contractual Liability expressly including
liability assumed under this Agreement
d. Personal Injury liability with deletion of
exclusions for:
1) liability assumed under contract, and
2) suits brought by employees
e. Independent Contractors' liability
f. Severability of Interest clause providing that the
coverage applies separately to each insured except
with respect to the limits of liability.
4. For either type insurance, coverage shall include the
following endorsements, copies of which shall be
-- vided - ---- - --- - --
provided to the Count -- — -- —' --- -----
a. Additional Insured Endorsement:
Such insurance as is afforded by this policy shall
also apply to the County of Santa Clara, and
members of the Board of Supervisors of the Countv
of Santa Clara, and the officers, agents and
employees of the County of Santa Clara,
individually and collectively, as additional
insureds.
b. Primary Insurance Endorsement:
Such insurance as is afforded by the additional
insured endorsement shall apply as primary
insurance, and other insurance maintained by the
County of Santa Clara, its officers, agents, and
employees shall be excess only and not
contributing with insurance provided under this
policy.
C. Notice of Cancellation or Change of Coverage
Endorsement:
This policy may not be cancelled nor the coverage
reduced by the Company without 30 days prior
written notice of such cancellation or reduction
in coverage to the County of Santa Clara at the
address shown on the Certificate of Insurance.
d. Contractual Liability Endorsement:
This policy shall apply to liability assumed by
the insured under written contract with the County
of Santa Clara.
I
e. Personal Injury Endorsement:
The provisions of this policy shall provide
Personal Injury coverage, including deletion of
the standard exclusions for liability assumed
under contract and suits brought by employees.
f. Severability of Interest Endorsement:
The insurance afforded by this policy shall apply
separately to each insured who is seeking coverage
or against whom a claim is made or a suit is
brought, except with respect to the Company's
limit of liability.
5. Claims Made Coverage - If coverage is written on a
claims made basis, the Certificate of Insurance shall
clearly state so and evidence of coverage extending
from the date of execution of this Agreement, or from
the date of the first performance of services,
whichever date is earlier, until three (3) years from
the date the work or services are accepted as completed
shall be included. The following additional
information shall be provided:
a. Defense coverage included in the limit (Yes or No)
b. Aggregate limitation
- General aggregate
- Products /Completed Operations aggregate
C. Retroactive date, which shall be no later than the
date of execution of the Agreement or the date of
first performance of services, whichever date is
earlier
d. Length of time for extended reporting period
e. Limitations on invoking reporting period (if other
than non - payment)
f. Is "Notice of Circumstances" allowed (Yes or No)
6. Comprehensive Automobile /Aircraft /Watercraft Liability
Insurance for bodily injury (including death) and
property damage which provides total limits of not less
than one million dollars ($1,000,000) combined single
limit per occurrence applicable to all owned, non -owned
and hired vehicles /aircraft /watercraft. This coverage
may be waived in writing by County if it determines
there is no significant exposure to these risks.
M
Worker's Compensation and Employer's Liability Insurance
for:
a. Statutory Californ
coverage including
endorsement.
b. Employer's Liability
one million dollars
for all employees
operations under this
is Workers' Compensation
a broad form all- states
coverage for not less than
($1,000,000) per occurrence
engaged in services or
Agreement.
C. Inclusion of the County and its governing
board(s), officers, representatives, agents, and
employees as additional insureds, or a waiver of
subrogation.
Special Provisions
The following provisions shall apply to this Agreement:
a. The foregoing requirements as to the types and
limits of insurance coverage to be maintained by
the Contractor and any approval of said insurance
by the County or its insurance consultant(s) are
not intended to and shall not in any manner limit
or qualify the liabilities and obligations
otherwise. assumed by the Contractor pursuant to
this Agreement, including but not limited to the
provisions concerning indemnification.
b. The County acknowledges that some insurance
requirements contained in this Agreement may be
fulfilled by self - insurance on the part of the
Contractor. However, this shall not in any way
limit liabilities assumed by the Contractor under
this Agreement. Any self- insurance shall be
approved in writing by the County.
C. Should any of the work under this Agreement be
sublet, the Contractor shall require each of its
subcontractors of any tier to provide the
aforementioned coverages, or Contractor may insure
subcontractors under its own policies.
d. The County reserves the right to withhold payments
to the Contractor in the event of material
noncompliance with the insurance requirements
outlined above.
Bond Requirements
A. Contract Bonds - Prior to execution of the Contract,
Contractor shall file with the County on the approved
forms, the two surety bonds in the amounts and for the
purposes noted below, duly executed by a reputable
surety company satisfactory to County, and Contractor
shall pay all premiums and costs thereof and incidental
thereto.
Each bond shall be signed by both Contractor and the
sureties.
1) The "payment bond for Public works" shall be in an
amount of one hundred percent (100 %) of the
Contract price, as determined from the prices in
the bid form, and shall insure to the benefit of
persons performing labor or furnishing materials
in connection with the work of the proposed
Contract. This bond shall be maintained in full
force and effect until all work under the Contract
is completed and accepted by the County, and until
all claims for materials and labor have been paid.
2) The "performance bond" shall be in an amount of
one hundred percent (100 %) of the Contract price
as determined from the prices in the bid form. and
shall insure the faithful performance by
Contractor of all work under the Contract. it
shall also insure the replacing of, or making
acceptable, any defective materials or faulty
workmanship.
Should any surety or sureties be deemed
unsatisfactory at any time by the County notice
will be given Contractor to that effect, and
Contractor shall forthwith substitute a new surety
or sureties satisfactory to the County. No
further payment shall be deemed due or will be
made under the Contract until the new sureties
qualify and are accepted by the County.
All alterations, time extensions, extra and
additional work, and other changes authorized by
the Specifications, or any part of the Contract,
may be made without securing consent of the surety
or sureties on the contract bonds.
B. Fidelity Bcnd - Before receiving compensation under
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
r
(158) of the maximum financial obligation of the County
cited herein. If such bond is cancelled or reduced,
Contractor will notify County immediately, and County
may withhold further payment to Contractor until proper
coverage has been obtained. Failure to give such
notice may be cause for termination of this Agreement,
at the option of the County.
jnb
legal.insuranc.g
6/6/91
7
CDBG NINETEENTH PROGRAM YEAR (1993/94)
PROGRAM DESCRIPTION
PERIOD COVERED: July 1, 1993 - June 30, 1994
CONTRACT AGENCY:
Name Town of Los Gatos
Address P.O. Box 949
Los Gatos CA 95031
Telephone (408) 354 -6820
Project No .7
Project Names:
Exhibits A - D
DATE: July 1, 1993
NAME AND TITLE OF PROGRAM:
Regina Falkner
Director
Community Services
Second Harvest Food Bank /Operation Brown Bag
Program Description:
Operation Brown Bae will operate distribution sites providing supplemental food
to low income senior citizens
Work Plan:
See attached.
Annual Goals:
Weekly bags of eroceries for up to 75 people: nutrition and consumer information
Time Schedule:
July 1 1993 - June 30 1994
Budget:
CSD07:A: \F0RMS \CDSG19tb.yr
CDBG NINETEENTH PROGRAM YEAR (1993/94)
PROGRAM DESCRIPTION
PERIOD COVERED: July 1, 1993 - June 30, 1994
CONTRACT AGENCY:
Name
Town
of
Los Gatos
Address
P.O.
Box
949
Los Gatos CA 95031
Telephone (408) 354 -6820
Project No
Project Names:
Catholic Charities /Ombudsman Program
Program Description:
Exhibits A - D
DATE: July 1, 1993
NAME AND TITLE OF PROGRAM:
Regina Falkner
Director
Community Services
Volunteer Ombudsman receives, investigates and resolves complaints made by or
on behalf of elderly long term nursing home care clients
Work Plan:
See attached.
Annual Goals:
Site visits (180) individual resident contacts (540) complaint investigations
{80) to resolve client neglect and /or abuse complaints and problems
Time Schedule:
July 1. 1993 -.June 30 1994
Budget:
CSD07:A: \F0RMS \CDBG19th.yr
CDBG NINETEENTH PROGRAM YEAR (1993/94)
PROGRAM DESCRIPTION
PERIOD COVERED: July 1, 1993 - June 30, 1994
CONTRACT AGENCY:
Name To of Los Gatos
Address P.O. Box 949
Los Gatos CA 95031
Telephone (408) 354 -6820
Project No
Project Names•
Live Oak Adult Day Services
Program Description:
Exhibits A - D
DATE: July 1, 1993
NAME AND TITLE OF PROGRAM:
Regina Falkner
Director
Community Services
Adult social day care for frail elderly residents of Los Gatos respite to care
Work Plan:
See attached.
Annual Goals:
Eight clients per day, five days Per week 50 weeks per Year. 1500 days of
respite to care givers
Time Schedule:
July 1. 1993 - June 30 1994
Budget:
CSD07:A: \F0RMS \CD8G19th,yr
Exhibits A - D
CDBG NINETEENTH PROGRAM YEAR (1993/94)
PROGRAM DESCRIPTION
PERIOD COVERED: July 1, 1993 - June 30, 1994 DATE: July 1, 1993
CONTRACT AGENCY:
Name Town of Los Gatos
Address P.O. Box 949
Los Gatos CA 95031
Telephone (408) 354 -6820
Project No
Project Names•
NAME AND TITLE OF PROGRAM:
Regina Falkner
Director
Community Services
San Jose State University FoundationlHealth Place
Program Description:
Health services provided to low income senior citizens; ambulatory services
homes visits for frail homebound blood pressure screening /monitoring
Work Plan:
See attached.
Annual Goals:
Ambulatory services (160) home visits(800) blood pressure assessments (600)
Time Schedule:
July 1. 1993 -.June 30 1994
Budget:
CSD07:A: \F0RMS \C0BG19th.yr
Exhibits A - D
CDBG NINETEENTH PROGRAM YEAR (1993/94)
PROGRAM DESCRIPTION
PERIOD COVERED: July 1, 1993 - June 30, 1994 DATE: July 1, 1993
CONTRACT AGENCY:
Name Town of Los Gatos
Address P.O. Box 949
Los Gatos CA 95031
Telephone (408) 354 -6820
Project No.:
LG -94 -52 and LG -94 -51
Project Names:
Rehab Loans and Rehab_ Project SnDDort
NAME AND TITLE OF PROGRAM:
Regina Falkner
Director
Community Services
Program Description:
Implementation and administration of Housing Rehabilitation Program for low to
moderate income residents of Los Gatos
Work Plan
65 %F.T.E. Community Services Program Coordinator 10% F T E Community Services
Director: 5% F.T.E. Administrative Secretary' 5% Secretary /Receptionist
Annual Goals:
Provide up to eight housing rehabilitation loans and grants coordinate rehab
process for up to eight homes Monitor loan collections payoffs foreclosures
and program income for loan portfolio
Time Schedule:
July 1 1993 - June 30 1994
Budget:
$173,146 for loans and grants of which $85,892 is FY 93-94. $47.223 for rehab
proiect support of which $45,000 is FY 93 -94
LG -00 -51 - $6.792. LG -92 -51 - $10 000 LG -93 -51 --.$70,462 LG -94 51 $85,892:
LG -94 -52 - $45,000 IG_ -93 -52 - $2.223.
CSDOI:A: \FORMS \CDBG19th.yr
Exhibits A - D
CDBG NINETEENTH PROGRAM YEAR (1993/94)
PROGRAM DESCRIPTION
PERIOD COVERED: July 1, 1993 - June 30, 1994 DATE: July 1, 1993
CONTRACT AGENCY: NAME AND TITLE OF PROGRAM:
Name Town of Los Gatos Regina Falkner
Address P.O. Box 949
Los Gatos CA 95031
Telephone (408) 354 -6820
Project No.:
Project Names:
Director
Community Services
Emergency Housing Consortium /Shelter Wall Heaters
Program Description:
Provide funds for agency purchase wall heaters for homeless shelter
Work Plan:
Annual Goals:
Monitor installation of wall heaters at the Sanctuary Transitional Housin
Program of Emergency Housing Consortium
Time Schedule:
July 1. 1993 - June 30 1994
Budget:
52.000.00
CSD07:F: \F0RMS \C0BGI9th.yr
CDBG NINETEENTH PROGRAM YEAR (1993/94)
PROGRAM DESCRIPTION
PERIOD COVERED: July 1, 1993 - June 30, 1994
CONTRACT AGENCY:
Name Town of Los Gatos
Address P.O. Box 949
Los Gatos CA 95031
Telephone (408) 354 -6820
Project No.:
Project Names:
Exhibits A - D
DATE: July 1, 1993
NAME AND TITLE OF PROGRAM:
Regina Falkner
Director
Community Services
CDBG Administration
Program Description:
Administer funding and monitoring of service delivery of CDBG programs serving
low income Los Gatos residents.
Work Plan:
10% F.T.E. Program Coordinator Community Services Department
5% F.T.E. Director, Community Services Department
10% F.T.E. Administrative Secretary Community Services Department
Annual Goals:
Fund, coordinate and monitor five non - profit agencies (program services of four
social service and one rehab material purchase project for a homeless shelter)
Time Schedule:
July 1. 1993 - June 30 1994
Budget:
$15,000.00
CSD07:A: \FORMS \CDBG19th.yr