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1991-186-Approving Community Development Block Grant Contract Between The County Of Santa Clara And The Town Of Los Gatos For Fiscal Year 1991-92 And Authorizing Execution Of AgreementRESOLUTION 1991 - 186 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT BETWEEN THE COUNTY OF SANTA CLARA AND THE TOWN OF LOS GATOS FOR FISCAL YEAR 1991 -92 AND AUTHORIZING EXECUTION OF AGREEMENT WHEREAS, the Town of Los Gatos participates in the County Cooperative Community Development Block Grant Program; and WHEREAS, the Department of Housing and Urban Development requires an individual contract between the County of Santa Clara and participating cities; and NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE AS FOLLOWS: that the Town Council of the Town of Los Gatos hereby authorizes the Town Manager to execute the Agreement for Community Development Block Grant funds for the period July 1, 1991, through June 30, 1992, between the County of Santa Clara and the Town of Los Gatos, attached as Exhibit A. CSD08:A: \RESOS \CS081991.186 - 1 - PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 19th day of August, 1991, by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton Mayor Brent N. Ventura NAYES: None. ABSENT: Eric D. Carlson ABSTAIN: None. SIGNED: /J MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: LY CLERK OF THE TOWN OF LOS( TOS LOS GATOS, CALIFORNIA CSD08:A: \RES0S \CS081991.186 -2- d Copy CDBG COUNTY /CITY CONTRACT Contract No. THIS AGREEMENT is made and entered into on AUGUST 19, 1991 by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of California (hereinafter "COUNTY ") , and the CITY/TOWN OF TOWN OF LOS GATOS CALIFORNIA (hereinafter ("C ITY ) participating as a member of the County o Santa Clara COMMUNITY DEVELOPMENT BLOCK GRANT (hereinafter "CDBG ") Joint Powers Agreement. WHEREAS, COUNTY has received CDBG Entitlement Program funds from the Department of Housing and Urban Development (hereinafter HUD) as an entitlement jurisdiction pursuant to the provisions of Title 1 of the Housing and Community Development Act of 1974, as amended; and, WHEREAS, COUNTY has agreed to the use by CITY, as a subrecipient, of a portion of COUNTY'S CDBG entitlement for a housing program to be operated within COUNTY and which shall benefit low and very low income households; NOW, THEREFORE, the parties agree as follows; I. PROGRAM COUNTY agrees to grant for fiscal year 1991 -1992 a portion of its CDBG entitlement, and /or program income as defined in 24 CFR 570 Subpart J, "Grant Administration" (570.504), to the CITY, as a subrecipient being the sum of SEE ATTACHED ($ ) for the purpose of implementing the housing program (hereinafter PROGRAM). Reimbursement for fiscal year _ shall not exceed the total sum of the beginning fiscal year Cash Control Sheet (fiscal year CDBG allocation of funds to CITY, and roll -over of unexpended CDBG funds from previous years allocations to CITY.) CITY is granted authority to also expend funds for eligible CDBG Housing activities from its approved rehabilitation program revolving loan fund account, including accrued Program Income. Such authority is based on CITY being in compliance with all Federal Rules and Regulations governing the CDBG PROGRAM, and the COUNTY CDBG Reallocation Guidelines. �con'dition to this contract CITY shall submit Exhibit "A" (Pr k�`am Description), Exhibit "B" (Project Work Plan), Exhibit "C (Proposed Implementation Time Schedule) and Exhibit "D" (Budget), or an equivalent acceptable format for providing this information, for all allocated CITY projects awarded funding during fiscal year . The approved versions of such submittals shall become a part of this Contract by this reference incorporating such submittals. II. TERM A. The term of this Agreement shall begin on ------------ -- ---- and shall terminate on B. The term of expenditure for the grant amount provided for herein shall begin on ______________________ and terminate on the earliest of the following dates as set forth herein: _ ; the date of the expenditure of the total grant, and /or program income amount provided for herein; upon the termination date established pursuant to Section V or Section VII of this Agreement. III. OBLIGATIONS OF CITY A. City Shall: 1. Provide COUNTY with written certification that the following information will be on file at the CITY offices, and will be subject to monitoring by HUD and /or COUNTY HCD staff, or their representatives. a. Names and addresses of the current CITY Manager and CITY Council members; b. Copy of CITY'S approved Affirmative Action Plan; and C. Records of all CITY.Council meetings dealing with CDBG matters. 2. CITY shall provide COUNTY with a Three Year Housing Assistance Plan, (Hereinafter HAP) , at the beginning of each three (3) year Joint Powers Agreement. B. Program Performance by CITY. CITY shall: 1. Conduct the PROGRAM within Santa Clara County, for the purpose of benefiting low and very low income households. 2 2. File progressive reports with COUNTY on the type and number of services rendered through the operation of the PROGRAM and a description of the beneficiaries of these services, which reports shall evaluate the manner in which the PROGRAM is achieving its objectives and goals according to the standards established by the COUNTY. C. Fiscal Responsibilities of CITY. CITY shall: 1. Appoint and submit the name of the CITY managerial staff who shall be responsible for the financial and accounting CDBG activities of CITY, including the receipt and disbursement of CITY CDBG funds. The COUNTY shall immediately be notified in writing of the appointment of a new fiscal agent and that agent's name, and CITY will submit three (3) new signature cards if applicable. 2. Establish and maintain an accounting system that shall be in conformance with generally accepted principles of accounting. The accounting system shall be subject to review and approval of COUNTY. 3. Document all PROGRAM costs by maintaining records in accordance with Section III, Paragraph D below. 4. Submit to the COUNTY request for reimbursement, as needed, supported by documentation as agreed to by CITY and COUNTY. 5. Certify current and continuous insurance coverage of CITY, subject to approval of COUNTY and in accordance with requirements as outlined in Exhibit "E" (Insurance); and obtain certificate of sufficient insurance from all subrecipients which shall list CITY as additional insured. 6. Subparagraph C. 1) through 5) above are express conditions precedent to disbursement of any COUNTY funding and failure to comply with these conditions may, at the discretion of COUNTY, result in the suspension of funding or termination of specific projects in non - compliance; or initiate the suspension of funding or termination of this AGREEMENT as provided for herein. 7. CITY is liable for repayment of all disallowed costs. Disallowed costs may be identified through audits, monitoring or others sources. CITY shall be required to respond to any adverse findings which may lead to disallowed costs, subject to provisions of OMB Circular A -87, "Cost Principles for State and Local Governments ", and A -128, "Single Audits of State and Local Governments ". 3 D. Establishment and Maintenance of Records. CITY shall: 1. Maintain complete and accurate records of all its CDBG transactions including, but not limited to, contracts, invoices, time cards, cash receipts, vouchers, canceled checks, bank statements, client statistical records, personnel, property and all other pertinent records sufficient to reflect properly: a. All direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred to perform this Agreement or to operate the PROGRAM; and b. All other matters covered by this Agreement. E. Preservation of Records. CITY shall preserve and make available its records: 1. Until the expiration of five years from the date of final payment to CITY under this Agreement; or 2. For such longer period, if any as is required by applicable law; or 3. If this Agreement is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of five years from the date of termination. F. Examination of Records; Facilities. At any time during normal business hours, and as often as may be deemed necessary, CITY agrees that HUD and the COUNTY, and /or any duly authorized representatives may until expiration of: (a) five years after final payment of this Agreement, (b) five years from the date of termination of this Agreement, or (c) such longer period as may be described by law: have access to and the right to examine CITY CDBG records and facilities, and the offices and facilities of CITY'S subrecipients, used in performance of this Agreement or the operation of the PROGRAM and all matters covered by this Agreement. CITY also agrees that COUNTY or any duly authorized representatives shall have the right to audit, examine, and make excerpts or transactions of and from, such records and to make audits of all contracts and subcontracts, invoices, payrolls, records of personnel, conditions of employment, materials and all other data relating to the PROGRAM and matters covered by this Agreement. CITY will be notified in writing of intended audits. CITY will be required to respond in writing to the BCD Program Manager to any audit findings, and have the responses included in the final audit report. The cost of any such audit will be borne by COUNTY. G. Compliance with Law. COUNTY and CITY staff shall become familiar and comply with and require all its subcontractors, independent contractors and employees, if any, to become familiar and comply with all applicable Federal, State and local laws, ordinances, codes, Regulations and decrees including, but not limited to, those Federal rules and Regulations, executive orders, and statutes identified in "F" ASSURANCES." Specifically, COUNTY and CITY shall comply with the requirements of OMB Circular No. A -87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments ", and OMB Circular A -128 "Audits of State and Local Governments ". In addition, CITY AND COUNTY will comply with Federal Regulations as cited in 24 CFR Part 570, Subpart J, and 24 CFR Part 85, and all other local, State or Federal laws applicable to this PROGRAM. IV. OBLIGATIONS OF COUNTY A. Method of Payment. During the term of this Agreement, COUNTY shall reimburse CITY for all allowable costs and expenses incurred in connection with the PROGRAM, not to exceed the total sum of the beginning fiscal year Cash Control Record plus all Program Income accrued during the fiscal year. Reimbursement for eligible expenses will be paid by COUNTY within thirty days (30) of the date the reimbursement request is received by COUNTY HCD staff, under the proviso that the CITY has complied with all PROGRAM regulations, and contract conditions agreed to by CITY and COUNTY. Reimbursement may be held back, in part or in full, by COUNTY, in the event of CITY'S non - compliance to PROGRAM regulations and conditions. Non - compliance includes, but is not limited to, incomplete documentation of expenses, failure to submit adequate documentation of PROGRAM progress as described in V., paragraph B., of this Agreement, failure to provide and maintain an accounting system that shall be in conformance with generally accepted principles of accounting, or based on the suspension or termination of the Grant to COUNTY made pursuant to the Housing and Community Development Act of 1974, as amended. B. In the case of CITY non - compliance prior to exercising any recourse authorized herein, COUNTY shall initiate the following procedure: 1. Notify the CITY Coordinator in writing of the alleged non - compliance and request an immediate meeting between CITY Coordinator and COUNTY HCD Program Manager to resolve issue(s). If issue(s) is(are) not resolved 5 R satisfactorily within thirty (30) days, notify CITY Manager in writing requesting an immediate meeting between CITY Manager, CITY Coordinator and COUNTY HCD Program Manager to resolve the issue(s). 2. Determine if any portion of the reimbursement request meets all eligible criteria, and if so, authorize payment for the eligible portion of the reimbursement request; 3. Review the procedure to by followed under V. C. of this Agreement (CONTRACT COMPLIANCE, Corrective Action Procedure); and 4. If applicable, forward a written report to HUD's Regional Office detailing the non - compliance issues ar: the steps being instituted to correct performance, cor to the CITY Manager. V. CONTRACT COMPLIANCE A. Monitoring and Evaluation of Services. Evaluation and monitoring of the PROGRAM performance shall be the mutual responsibility of both COUNTY and CITY, with the understanding that HUD looks to COUNTY as the sole responsible party for meeting PROGRAM requirements. CITY shall furnish data, statements, records, information and reports as mutually agreed to by CITY and COUNTY as necessary for COUNTY to monitor, review and evaluate the performance of the PROGRAM and its components. COUNTY shall have the right to request the services of an outside agent to assist in any such evaluation. Such services shall be paid for by COUNTY. B. Contract Noncompliance. Upon receipt by COUNTY of any information that evidences a failure by CITY to comply with any provision of this Agreement (24 CFR 85.43 "Enforcement ") COUNTY shall have the right to require corrective action to enforce compliance with such provision. Areas of non- compliance include but are not limited to: 1. If CITY knowingly shall have made any material misrepresentation of any nature with respect to any information or data furnished to COUNTY in connection with the PROGRAM. 2. If there is pending litigation with respect to the performance by CITY of any of its duties or obligations under this Agreement which may materially jeopardize or adversely affect the undertaking of or the carrying out of the PROGRAM. 3. If CITY shall have taken any action pertaining to the PROGRAM which required COUNTY approval without having obtained such approval. 4. If CITY is in default under any provision of this Agreement. 5. If CITY makes improper use of COUNTY funds. 6. If CITY fails to meet all provisions of the COUNTY CDBG Reallocation Guidelines, or Joint Powers Agreement. C. Corrective Action Procedure. Once non - compliance is established the following procedure shall be initiated: 1. COUNTY HCD Program Manager and CITY Manager shall negotiate a time frame and course of action for correcting the non - compliance; 2. Under this Agreement, CITY shall provide COUNTY with a written plan and time frame for correcting the non - compliance issue (s). Such plan shall be submitted by CITY to COUNTY within thirty (30) days of the initial non - compliance meeting between CITY and COUNTY. 3. CITY must initiate the procedure within sixty (60) days compliance meeting between the Manager and the CITY Coordinatc discretion, may extend this time circumstances); corrective action of the initial non- COUNTY HCD Program it (COUNTY, at their line for extenuating 4. COUNTY shall have the right to require the presence of CITY officers at any hearing or meeting called for the purpose of considering corrective action; and 5. CITY has the right to appeal all findings of non- compliance, and subsequent corrective action, with both the COUNTY Board of Supervisors and HUD. D. Termination for Cause. Notwithstanding anything to the contrary contained in the foregoing, COUNTY may terminate or suspend this Agreement by written notice to CITY if the non- compliance issue(s) have not been addressed and resolved within the aforementioned corrective action plan time period, if CITY is in bankruptcy or receivership, if a member of CITY'S management is the subject of investigation for wrongdoing in connection with the CDBG program (termination or suspension shall be applied only to that portion of the CDBG program for which the investigated person is responsible), or if there is reliable evidence that CITY is unable to operate the PROGRAM. Suspension of payment or termination under this section shall be effective on the date notice of termination is received by CITY, or such later date as may be specified in the notice. 7 VI. PROGRAM A. COUNTY. The County Executive shall assign a single PROGRAM MANAGER for COUNTY who shall render overall supervision of the progress and performance of this Agreement by COUNTY. All services agreed to be performed by COUNTY shall be under the overall direction of the PROGRAM MANAGER. B. CITY. As of the date hereof, CITY has designated to serve as CITY CDBG Program Coordinator, and CITY MANAGER (or assignee approved by the CITY Council) to assume overall responsibility for the progress and execution of this Agreement. The COUNTY shall be immediately notified in writing of the appointment of a new CITY CDBG Program Coordinator, or a new CITY Manager (or assignee approved by the CITY Council). C. NOTICES. All notices or other correspondence required or contemplated by this Agreement shall- be sent to the parties at the following addresses: COUNTY Housing and Community Development Program c/o Charles Chew, HCD Program Manager 1735 North First Street, Suite 265 San Jose, CA 95112 CITY Name of CITY Address of CITY Name of CITY MANAGER All notices shall either be hand delivered or sent by United States mail, registered or certified, postage prepaid. Notices given in such a manner shall be deemed received when hand delivered or seventy -two (72) hours after deposit in the United States mail. Any party may change his or her address for the purpose of this section by giving five days written notice of such change to the other party in the manner provided in this section. VII. TERMINATION A. In addition to the COUNTY'S right to terminate for cause set forth in Section V, either COUNTY or CITY may suspend or terminate this Agreement as provided for in 24 CPR 570, at Subpart J "Grant Administration ", and /or 24 CFR 85.44 "Termination for Convenience ". Provisions of the Reallocation Guidelines will apply, but may be adjusted if termination is for cause. B. Upon terminati�- , either under this Section VII or Section V, CITY shall: 1. be paid for all documented services actually rendered to COUNTY to the date of such termination; provided, however, COUNTY shall be obligated to compensate CITY only for that portion of CITY'S services which are allowable costs and expenses as determined by an audit or other monitoring device; 2. turn over to COUNTY immediately any and all copies of studies, reports and other data, whether or not completed, prepared by CITY or its subcontractors or subrecipients, if any, in connection with this Agreement. Such materials shall become property of COUNTY. CITY, however, shall not be liable for COUNTY'S use of completed documents if used for other than the services contemplated by this Agreement; and 3. transfer to the COUNTY any CDBG funds on hand and any accounts receivable attributable to the use of CDBG funds. All assets acquired with CDBG funds shall be returned to the COUNTY unless otherwise negotiated by separate agreement per the provisions of the Santa Clara County CDBG REALLOCATION GUIDELINES. C. Upon termination of this Agreement, CITY shall immediately provide COUNTY access to and copies of (if requested) all documents, records, payroll, minutes of meetings, correspondence and all other data pertaining to the CDBG entitlement fund granted to CITY pursuant to this Agreement. VIII. USE AND DISPOSAL OF REAL OR PERSONAL PROPERTY CITY and COUNTY will be accountable for all applicable Federal Regulations as detailed by 24 CFR Part 570, Subpart J, i.e. 570.500 (Definitions), 570.503 (Agreements with Subrecipients), 570.504 (Program Income), and 570.505 (Use of Real Property) with regards to the use and disposal of Real or Personal Property purchased in whole, or in part, with CDBG funds. ■ In addition, 24 CPR Part 85 (The Common Rule) includes definitions under 24 CPR Part 85.3, however, Common Rule 85.31 (Real Property) DOES NOT APPLY TO CDBG ACTIVITIES. The following definitions will apply to this Agreement. A. Definitions. 24 CPR, Part 58 (Common Rule) 85.3 1. Equipment means tangible, non - expendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. 2> Title as defined in detail in 24 CPR, Part 85.32 (a) . 3. Use as defined in detail in 24 CPR, Part 85.32 (c) W. — 4. Supplies as defined in detail in 24 CPR, Part 85.33. 5. Procurement, Use and Disposition of Real Property as defined in detail by 24 CPR, Part 570.503 (Agreements With Subrecipients), 570.505 (Use of Real Property), and 570.504 (Program Income). IX. PROGRAM INCOME Income generated by the PROGRAM shall be regulated by all provisions of 24 CPR 570 Subpart J "Grant Administration ", and the Santa Clara County CDBG REALLOCATION GUIDELINES. (C. 1. a.- c.) X. INDEPENDENT CONTRACTOR This is an Agreement by and between independent contractors and is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between CITY and COUNTY. CITY, including its officers, employees, agents, independent contractors or subcontractors, shall not have any claim under this Agreement or otherwise against COUNTY for any Social Security, Worker's Compensation, or employee benefits extended to employees of COUNTY. XI. ASSIGNABILITY A. This Agreement may not be assumed nor assigned to another CITY, CORPORATION, PERSON, PARTNERSHIP or any other entity without the prior written approval of COUNTY. 10 B. None of the work or services to be performed hereunder shall be assigned, delegated or subcontracted to third parties without the prior written approval of COUNTY. Copies of all third party contracts shall be submitted to COUNTY at least ten days prior to the proposed effective date. In the event COUNTY approves of any such assignment, delegation or sub - contract, the subcontractors, assignees or delegates shall be deemed to be employees of CITY, and CITY shall be responsible for their performance and any liabilities attaching to their actions or omissions. The use of the word "employees" in this paragraph is limited solely to activities by those persons described herein, related to the management and potential repayment of the program funds provided for in the Contract. The use of the term here does not create liability for personal injuries, worker's compensation or other forms of liability, obligation or responsibility which flow from employee /employer relationships. XII, DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION COUNTY and CITY agree to maintain the confidentiality of any information regarding applicants for services offered by the PROGRAM pursuant to this Agreement or their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies or counselors, or any other source. Without the written permission of the applicant, such information shall be divulged only as necessary for purposes related to the performance or evaluation of the services and work to be provided pursuant to this Agreement, and then only to persons having responsibilities under this Agreement, including those furnishing services under the PROGRAM through approved subcontracts. XIII. HOLD HARMLESS In addition to the indemnity set forth in Exhibit "E ", CITY shall indemnify and hold harmless, the COUNTY, its employees and elected officials, boards and commissions, with respect to any damages, including attorney's fees and court costs, arising from: 1) any negligent act or omission, or willful misconduct arising out of any work or service performed by CITY, its officers, employees, agents or subcontractors under the PROGRAM or this Agreement, including but not limited to the evaluation and monitoring of subrecipient's PROGRAM performance. COUNTY shall indemnify, defend and hold harmless, the CITY, its employees, officers, officials, boards and commissions, and agents, with respect to any claims, causes of action, or damages, 11 including attorney's fees and court costs, arising from: 1) the failure of COUNTY to reimburse CITY for eligible costs as defined by HUD and this Agreement; and 2) any negligent act or omission, or willful misconduct arising out of any work or service performed by COUNTY, its officers, employees, agents or subcontractors under the PROGRAM or this Agreement. XIV. WAIVER OF RIGHTS AND REMEDIES In no event shall any payment by COUNTY constitute or be construed to be a waiver by COUNTY of any breach of the covenants or conditions of this Agreement or any default which may then exist on the part of CITY, and the making of any such payment while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to COUNTY with respect to such breach or default. In no event shall payment to CITY by COUNTY in any way constitute a waiver by COUNTY of its rights to recover from CITY the amount of money paid to CITY on any item which is not eligible for payment under the PROGRAM or this Agreement. XV. NONDISCRIMINATION In connection with the performance of this Agreement, CITY assures that no person shall be subject to discrimination because of sex, race, religion, ethnic background, sexual preference, age, handicapped status, or union activity. XVI. AMENDMENTS Amendments to the terms or conditions of this Agreement shall be requested in writing by the party desiring such amendments, and any such amendment shall be effective only upon the mutual Agreement in writing of the parties hereto. XVII. INTEGRATED DOCUMENT This Agreement, in conjunction with the Santa Clara County CDBG Joint Powers Agreement, contains the entire Agreement between COUNTY and CITY with respect to the subject matter hereof. No written or oral Agreements, other than the Santa Clara County CDBG Joint Powers Agreement, with any officer, agent or employee of COUNTY prior to execution of this Agreement shall affect or modify any of the terms of obligations contained in any documents comprising this Agreement. 12 XVIII. ATTORNEY'S FEES In the event it becomes necessary for any party to obtain legal counsel to enforce the terms of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. XIX. MISCELLANEOUS A. The captions of this agreement are for convenience of reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. B. All exhibits attached hereto and referred to in this Agreement are incorporated herein by this reference as if set forth fully herein. 13 IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate on the 20th day of August, 1991. APPROVED AS TO FORM AND LEGALITY: LESLIE ORTA Deputy County Counsel ATTEST: DONALD M. RAINS Clerk of the Board of Supervisors APPROVED AS TO FORM AND LEGALITY: KATHERINE ANDERTON Town Attorney ATTEST: MARIAN V. COSGROVE Clerk of the Town of Los Gatos 14 COUNTY OF SANTA CLARA CHAIRPERSON Board of Supervisors TOWN OF LOS GATOS DAVID KNAPP Town Manager EXHIBIT E COMMUNITY DEVELOPMENT BLOCK GRAIN tiJ tS DD GRANTEE CERTIFICATIONS APR15 i9a1 COUNTY OF SANTA CIRpA In accordance with the Housing and Community Development Act o�C`2974, as amended, and with 24 CFR 570.303 of the Community Development Block Grant regulations, the grantee' certifies that: (a) It possesses legal authority to make a grant. submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement and amendments thereto and all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required; (c) Prior to submission of its final statement -to HUD, the grantee has: 1. Met the citizen participation requirements of F570.301(b); 2. Prepared its final statement of community development objectives and projected use of funds in accordance with 5570.301(c) and made the final statement available to the public;. (d) It is following a detailed citizen participation plan which: 1. Provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of slum and blighted areas and of areas in which funds are proposed to be used, and provides for participation of residents in low and moderate income neighborhoods as defined by the local jurisdiction; 2. Provides citizens with reasonable and timely access'to local meetings, information, and records relating to the grantee's proposed use of funds, as required by the regulations of the Secretary, and relating to the actual use of funds under the Act; 3. Provides for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals with the level and type of assistance to be determined by the grantee; 1/90 -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, and review of program performance, which hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped; 5. Provides fora timely written answer to written complaints and grievances, within 15 working days where practicable; and 6. Identifies how the needs of non - English speaking residents will be met in the case of public hearings where a significant number of non - English speaking residents can be reasonably eNnected to participate; (e) The grant will be conducted and administered in compliance with: 1. Title vI of the Civil Rights Act of 1964 (Public Law 88 -352, 42 U.S.C. 52000d et seq.); and 2. The Fair Housing Act (42 U.S.C. 3601 -20); •(f) It will affirmatively further fair housing; (g) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight; (the final statement of projected use of funds may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); except that the aggregate use of CUBG funds received under section 106 of the Act, and if applicable, under section 108 of the Act, during the 1991/1992 program year(s) (a period specified by the grantee consisting of one, two, or three consecutive years'), shall principally benefit persons of low and moderate income in a manner that ensures that not less than 70 percent of such funds are used for activities that benefit such persons during such period; (h) It has developed a community development plan, for the period specified in paragraph (g) above, that identifies community development and housing needs and specifies both short and long -term ommunity development objectives that have been developed in _ccordance with the primary objective and requirements of the Act; 11/90 -3- (i) It is following: 1. A current housing affordability strategy which has been approved by HUD in accordance with section 105 of the Cranston - Gonzalez National Affordable Housing Act; or 2. A housin.c assistance plan which was approved by HUD during the 180 day period beginning November 28, 1990, or during such longer period.as may be prescribed by the Secretary in any case for good cause. (j) It will not attempt to recover any capital costs of public improvements assisted in whole or in part with funds provided under section 106 of the Act or with amounts resulting from a guarantee under section 108 of the Act by assessing any amount against properties cwne(i and occupied by persons of low and mcderate -.- cane, including any fee charged or assessment made as a condition r obtaining access to such public improvements, unless: 1. Funds received under section 106 of the Act are used to pay the proportion of such fee or assessment that relates to the capita= costs of such public improvements that are financed from reven_a sources other than under Title I of the Act; or 2. For purposes of assessing any amount against properties owner and occupied by persons of moderate income, the grantee certifies to the Secretary that it lacks sufficient funds received under.section 106 of the Act to comply with the requirements of subparagraph (1) above; (k) Its notification, inspection, testing and abatement procedures concerning lead -based paint will comply with 5570.608; (1) It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Peal Property Acquisition Policies Act of 1970 as required under 5570.606(a) and Federal implementing regulations; the requirements in 5570.606(b) governing the residential antidisplacement and relocation assistance plan under section 104(d) of the Act (including a certification that the erantee is following such a plan)- the relocation requirements of 5570.606(c) governing displacement su -ject to section 104(k) of the Act; and ^:e relocation reeuirements of 5570.606(d) governing optional relocation assistance under section 105(a)(11) of the Act; (m) It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations; and 11/90 -4- 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the-subject of such non - violent civil rights demonstrations within its jurisdiction; (n) To the best of its knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuatic :., renewal, amendment, or modification of any Federal contract, c=ant, loan., or cooperative agreement; , 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,' or an employee o *" a 6;erber of Ccngress in connection with this Federal contract, grant, loan,. or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. it will require that.the language of paragraph (n) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly; (o) it will or will continue to provide a drug -free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, -or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug -free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's po L -y of maintaining a drug -free workplace; (c) any available dr,_ counseling, rehabilitation, and employee assistance programs; and 11/90 -5- (d) penalties that may be imposed upon emplovees for dreg abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement', required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction f.,_ a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an eclplcyee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, includina positicn title, to every grant officer or other designee on whose crant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days cf receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a druc -free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. 11/90 8. The grantee may insert in the space provided below the site(s) for the performance of work done in connection-with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here; and (p) It will comply with the other provisions of the Act and with other aoolicable laws. 11/90 EXHIBIT F ASSURANCES. CITY hereby assures and certifies that it will comply with all regulations, policies, guidelines and requirements applicable to the acceptance and use of Federal funds for this Federally- assisted program. Specifically CITY gives assurances and certifies with respect to the PROGRAM that it is in compliance with the following Regulations as defined by 24 CPR Part 570, Subpart J; 24 CFR Part 570, Subpart K; and will be conducted and administered in conformity with "Public Law 88 -352 and Public Law 90- 284. ": 1. 570.601 Public Law 88 -352 and Public Law 90 -284; affirmatively furthering fair housing; Executive Order 11063, as amended by Executive Order 12259 addresses discrimination. HUD regulations implementing Executive order 11063 are contained in 24 CFR, Part 107. 2. 570.602 Section 109 of the Act addresses discrimination. 3. 570.603 Labor Standards. 4. 570.604 Environmental Standards. 5. 570.605 National Flood Insurance Program. 6. 570.606 Relocation, Displacement and Acquisition. 7. 570.607 Employment and Contracting Opportunities. 8. 570.608 Lead Based Paint. 9. 570.609 Use of Debarred, Suspended, or Ineligible Contractors or Subrecipients. 10. 570.610 Uniform Administrative Requirements and Cost Principles. The COUNTY, its subrecipients, agencies or instrumentalities, shall comply with the policies, guidelines, and requirements of 24 CFR, Part 85, and OMB Circulars A -87 (Cost Principles for State and Local Governments), A -110 (Grants and Agreements with Non - Profit Organizations), A -122 (Cost Principles for Non - Profits), and A -128 (Audits of State and Local Governments - implemented at 24 CFR Part 24), as applicable, as they relate to the acceptance and use of Federal funds under this part. The applicable sections of 24 CFR Part 85 and OMB Circular A -100 are set forth at 570.502. 11. 570.611 Conflict of Interest. 15 12. 570.612 Executive Order 12372 allow establish its own process for review and proposed Federal financial assistance specifically the use of CDBG funds for the or planning of water or sewer facilities. jkw /disc. $7 /city.con /8 -9 -89 revised 1 r s States to comment on programs, construction EXHIBIT 'G• BASIC INSURANCE REQUIREMENTS FOR NON- CONSTRUCTION /NON- PROFESSIONAL SERVICES CONTRACTS Indemnity The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County "), its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with performance of this Agreement by Contractor and /or its agents, employees or sub- contractors, excepting only loss, injury or damage caused solely by the acts or omissions of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor is obligated to indemnify, defend and hold harmless the County under this Agreement. Insurance Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions: A. Evidence of Coverage Prior to commencement of this Agreement, the Contractor shall provide on the County's own form or a form approved by the County's Insurance Manager an original plus one copy of a Certificate of Insurance certifying that coverage as required herein has been obtained and remains in force for the period required by the Agreement. The County's Special Endorsement form shall accompany the certificate. Individual endorsements executed by the insurance carrier may be substituted for the County's Special Endorsement form if they provide the coverage as required. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request. This verification of coverage shall be sent to the address as shown on the County's Certificate of Insurance form. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor. M B. Notice of Cancellation of Reduction of Coverage All policies shall contain a special provision for thirty (30) days prior written notice of any cancellation or reduction in coverage to be sent to the Clerk of the Board of Supervisors, 70 W. Hedding Street, San Jose, CA 95110, or to the address shown on the Certificate of Insurance. C. Qualifying Insurers All policies shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A XIII, according to the current Best's Key Rating Guide, unless otherwise approved by the County's Insurance Manager. D. Insurance Required Comprehensive General Liability Insurance - for bodily injury (including death) and property damage which provides limits of not less than one million dollars ($1,000,000) combined single limit (CSL) per occurrence. IOU 2. Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows: a. General limit per occurrence - $1,000,000 b. General limit aggregate - $2,000,000 C. Products /Completed Operations- $1,000,000 aggregate d. Personal Injury limit - $1,000,000 If coverage is provided under a Commercial General Liability Insurance form, the carrier shall provide the County Insurance Manager with a quarterly report of the amount of aggregate limits expended to that date. If over 50% of the aggregate limits have been paid or reserved, the County may require additional coverage to be purc-ssed by the Contractor to restore the required limits. 3. For either type insurance, coverage shall include: a. Premises and Operations b. Products /Completed Operations with limits of one million dollars ($1,000,000) per occurrence/ aggregate to be maintained for two (2) years following acceptance of the work by the County. 4. c. Contractual Liability expressly including liability assumed under this Agreement d. Personal Injury liability with deletion of exclusions for: 1) liability assumed under contract, and 2) suits brought by employees e. Independent Contractors' liability f. Severability of Interest clause providing that the coverage applies separately to each insured except with respect to the limits of liability. For either type insurance, coverage shall include the followin ----_q endorsementsL c2 pies of which shall be -- - --- - - - - -- — -- - -- — -- - -- provided -- to the County: a. Additional Insured Endorsement: Such insurance as is afforded by this policy shall also apply to the County of Santa Clara, and members of the Hoard of Supervisors of the County of Santa Clara, and the officers, agents and employees of the County of Santa Clara, individually and collectively, as additional insureds. b. Primary Insurance Endorsement: Such insurance as is afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. C. Notice of Cancellation or Change of Coverage Endorsement: This policy may not be cancelled nor the coverage reduced by the Company without 30 days prior written notice of such cancellation or reduction in coverage to the County of Santa Clara at the address shown on the Certificate of Insurance. d. Contractual Liability Endorsement: This policy shall apply to liability assumed by the insured under written contract with the County of Santa Clara. M e. Personal Injury Endorsement: The provisions of this policy shall provide Personal Injury coverage, including deletion of the standard exclusions for liability assumed under contract and suits brought by employees. f. Severability of Interest Endorsement: The insurance afforded by this policy shall apply separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company's limit of liability. 5. Claims Made Coverage - If coverage is written on a claims eade basis, the Certificate of Insurance shall clearly state so and evidence of coverage extending from the date of execution of this Agreement, or from the date of the first performance of services, whichever date is earlier, until three (3) years from the date the work or services are accepted as completed shall be included. The following additional information shall be provided: a. Defense coverage included in the limit (Yes or No) b. Aggregate limitation - General aggregate - Products /Completed Operations aggregate C. Retroactive date, which shall be no later tha:. the date of execution of the Agreement or the date of first performance of services, whichever date is earlier d. Length of time for extended reporting period e. Limitations on invoking reporting period (if other than non - payment) f. Is "Notice of Circumstances" allowed (Yes or No) 6. Comprehensive Automobile /Aircraft /Watercraft Liability Insurance for bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non -owned and hired vehicles /aircraft /watercraft. This coverage may be waived in writing by County if it determines there is no significant exposure to these risks. Worker's Comoensation and Employer's Liability Insurance for: — a. Statutory Californ coverage including endorsement. b. Employer's Liability one million dollars for all employees operations under this is Workers' Compensation a broad form all- states coverage for not less than ($1,000,000) per occurrence engaged in services or Agreement. C. Inclusion of the County and its governing board(s), officers, representatives, agents, and employees as additional insureds, or a waiver of subrogation. Special Provisions The following provisions shall apply to this Agreement: a. The foregoing ,requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to the provisions concerning indemnification. b. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self- insurance on the part of the Contractor. However, this shall not in any way limit liabilities assumed by the Contractor under this Agreement. Any self- insurance shall be approved in writing by the County. C. Should any of the work under this Agreement be sublet, the Contractor shall require each of its subcontractors of any tier to provide the aforementioned coverages, or Contractor may insure subcontractors under its own policies. d. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above. dF Bond Requirements A. Contract Bonds - Prior to execution of the Contract, Contractor shall file with the County on the approved forms, the two surety bonds in the amounts and for the purposes noted below, duly executed by a reputable surety company satisfactory to County, and Contractor shall pay all premiums and costs thereof and incidental thereto. Each bond shall be signed by both Contractor and the sureties. 1) The "payment bond for public works" shall be in an amount of one hundred percent (1008) of the Contract price, as determined from the prices in the bid form, and shall insure to the benefit of persons performing labor or furnishing materials in connection with the work of the proposed Contract. This bond shall be maintained in full force and effect until all work under the Contract is completed and accepted by the County, and until all claims for materials and labor have been paid. 2) The "performance bond" shall be in an amount of one hundred percent (1008) of the Contract price as determined from the prices in the bid form. and shall insure the faithful performance by Contractor of all work under the Contract. It shall also insure the replacing of, or making acceptable, any defective materials or faulty workmanship. Should any surety or sureties be deemed unsatisfactory at any time by the County notice will be given Contractor to that effect, and Contractor shall forthwith substitute a new surety or sureties satisfactory to the County. No further payment shall be deemed due or will be made under the Contract until the new sureties qualify and are accepted by the County. All alterations, time extensions, extra and additional work, and other changes authorized by the Specifications, or any part of the Contract, may a made without securing consent of the surety or reties on the contract bonds. B. Fidelit >ond - Before receiving compensation under this Ag: ament, Contractor will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (158) of the maximum financial obligation of the County cited herein. If such bond is cancelled or reduced, Contractor will notify County immediately, and County may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of the County. jnb legal.insuranc.g 6/6/91