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2010110102 - Community Development Block Grant with the County of Santa Clara.~p~ fl pF !QS Gp.~ps C~JUI~CIL AGEl~TDA REP®1gT DATE: October 11, 2010 1VIEE'I'Il®TG DATE: 11/1/l d ITE1~I l~®: TO: MAYOR AND TOWN COUNCIL FROM: GREG CARSON, TOWN MANAGER .SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE THE FY 2010/11 COMMUNITY DEVELOPMENT BLOCK GRANT CITY-COUNTY CONTRACT WITH THE COUNTY OF SANTA CLARA RECOMMENDATION: Adopt a Resolution authorizing the Town Manager to execute the FY 2010/11 Community Development Bloclc Grant (CDBG) City-County Contract with the County of Santa Clara (Exhibit A to Attachment 1'). BACKGROUND: The Town has participated in the Santa Clara Urban County CDBG Program since 1975. Through this .program, the Town receives federal CDBG funds for activities which benefit primarily very low and low income households, including Americans with Disabilities Act (ADA) modifications,. affordable housing developments, the Housing Conservation Program, and service programs administered by local nonprofit agencies. Every three years the Town enters into a Joint Powers Agreement with Santa Clara County, __ ...which.allows~.the. County~:to.;receive,CDBG. funds from he.United_ States Department of Housing and- Urban Development (HUD) on behalf of the Town and other non-entitlement cities in Santa Clara County (those with a population less than 50,000). The current JPA covers the period from October 1, 2008 through .September 30, 2011. Federal regulations require that the Town and County also execute aCity-County Contract each fiscal year; this contract allows the County~to disburse CDBG funds to the Town. PREPARED BY: Regina A. Community ' s Director N:\CSI3\TCRPTS\2010 TCRPTS\City-County contract FY 201 l.docx Reviewed by: Assistant own Manager wn Attorney Clerk Administrator finance Community Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: FY 2010/11 COMMUNITY DEVELOPMENT BLOCK GRANT CITY-COUNTY CONTRACT WITH THE COUNTY OF SANTA CLARA October 11, 2010 DISCUSSION: The attached City-County Contract (Exhibit A to Attachment 1) covers FY 2010/11. As noted above, this contract is required in order to allow the County to disburse 'CDBG funds to the Town. The Town cannot receive any reimbursement of eligible CDBG expenses unless a valid City-County Contract is in place. This annual contract, effective July 1, is generally provided to the Town in the fall for approval and execution. Exhibit H of the City-County Contract concerns the administration of the Town's Housing Conservation Program, which is performed by County staff. The Housing Conservation Program provides funds to income-eligible homeowners to finance essential home repairs. Office of Affordable Housing During the next year, the County will continue with efforts initiated last fall to reduce its General Fund subsidy of the Community Development Block Grant Program. To date, the County has: ® Reviewed and reduced overhead costs ® Established a Working Group with participating cities and non-profit representatives • Provided for the completion of a consultant's assessment of the CDBG program. For FY 2011/12 it is anticipated that the County will reduce grants to participating cities by eliminating the $15,000 provided for grant administration. Although this will have a negative impact on the cities, it is hoped that software services purchased by the County will reduce the administrative- impact on the cities. Cities may also be required to institute a $5,000 minimum for all grants to non-profit agencies. Applications for Community Grants, including CDBG grants, will be issued in January. Town staff anticipates being able to meet the County's requirement without significant impact. Only one current grant recipient, Second Harvest Food Bank, is under the $5,000 minimum ($4,800.) CONCLUSION: Staff recommends that Council adopt a resolution authorizing the Town Manager to execute the FY 2010/11 Community Development Block Grant City-County Contract with the County of Santa Clara. This will allow the Town Manager to sign City-County Contracts for the duration of the existing. Joint Powers Agreement (the end of FY 2010/11). ENVIRONMENTAL ASSESSMENT: The recommended action is not a project defined under CEQA, and no further action is required. PAGE 3 MAYOR AND TOWN COUNCIL .SUBJECT: FY 2010/11 COMMiJNITY DEVELOPMENT BLOCK GRANT CITY-COUNTY CONTRACT WITH THE COUNTY OF SANTA CLARA October 11, 2010 FISCAL IMPACT: The 2010/1.1 City-County Contract will govern a total of $340,622.49 in CDBG funds (Attachment 2). This figure is the sum of the new allocation for this fiscal year ($145,616.00) and the remaining balance .from previous years allocations ($195,006.49). . All CDBG allocations are adopted as part of the Town=s annual operating budget. Attachments: 1. Resolution of the Town Council of the Town of .Los Gatos Authorizing the Town Manager to execute the FY 2010/11 Community Development Block Grant (CDBG) City-County Contract with the County of Santa Clara (Exhibit A). 2. List of FY 2010/11 Projects (Cash Control .Record) Distribution: Ms. Margie Matthews, Director; County of Santa Clara; Department of Planning and Development; Office of Affordable Housing; 2310 North First Street, Suite 100; San Jose, CA, 95131-1011 THIS PAGE INTENTIONALLY LEFT BLANK Attachment 1 12ES®LTJ'TI®l~ 2010- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING TFIE TOWN MANAGER TO EXECUTE THE FISCAL YEAR 2010/11 COMMUNITY DEVELOPMENT BLOCK GRANT CITY-COUNTY CONTRACT BETWEEN THE COUNTY OF SANTA CLARA AND THE TOWN OF LOS GATOS W~IEI~EAS, the Town of Los Gatos participates in the County Cooperative Community Development Bloclc Grant Program; and WI~EREAS, the Town entered into a Joint Powers. Agreement and Cooperation Agreement with the County of Santa Clara to undertake, or assist in the undertaking of, essential activities pursuant to Title I of the Housing and Community Development .Act of 1974, as amended, for Fiscal Years 2009 - 2011; and W~IEREAS, this Joint Powers Agreement enables the County of Santa Clara to apply for .and receive entitlement funds as an Urban County and establishes the respective right and obligations of contracting parties, including the Town of Los Gatos, to .such funds; and W~IE~EAS, the United States Department of Housing and Urban Development also requires the County of Santa Clara and participating cities to enter into individual, annual contracts. 1'Y® 0'7, 1 JLAS`~l'®LS` 8J~ r', Y.Z1L` 1 ®@'C 1°9 ~®~Jl'7~1L ®Y r9.19.1.1 9. ep ~C 1'i '1.91 A~®S GATOS I)®ES I~EIZE~Y RES®I,VE that the Town Manager is authorized #o execute: 1) The Community Development Block Grant City-County Contract for the period July 1, - - 2010-through-June--30, 2011,-between the County-of Santa Clara and the Town of Los- - -- --- Gatos, attached as Exhibit A; and; 2) Future amendments to the Contract so long as they conform to the adopted Town budget. PASSED Alm AI~(.~l'"I'ED this day of November, 2010 by the following vote, to wit: C®UI~CIL IVIEl~ERS: AYES: - NAYS: .ABSENT: ABSTAIN: SIGNED: /s/Diane McNutt MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Jackie D. Rose CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\CSD\TCRPTS\Resolutions\2010\City County Contract 10-1 i.docx 2 Exhibit A CO1~~lYIU1~TTY DEVELOPlYIENT I~LOCIK GRANT COUNTY/CITY CONTRACT Contract No. LG-11-00 THIS Contract is made and entered into pursuant to the Catalog of Federal Domestic Assistance {CFDA) 14.218 by and between the COUNTY OF SANTA CLAR.A, a political subdivision of the State of California (hereinafter "COUNTY"), and the CITY/TO~'N OF 1LOS GATOS {hereinafter "CITY") participating as a member of the County of Santa Clara COMMUNITY DEVELOPMENT BLOCK GRANT (hereinafter "CDBG") Joint Powers Agreement. The allocation of funds pursuant to this Contract shall be a grant. COUNTY approved the .allocation and disbursement of CDBG funds to CITY on April 27, 2010. VdITN]ESSETII WHEREAS, COUNTY has received CDBG Entitlement Program funds from the United States Department of Housing and Urban Development (hereinafter "HUD"} as an entitlement jurisdiction pursuant to the provisions of Title 1 of the Housing and Community Development Act of 19'74, as amended; and WHEREAS, COUNTY has agreed to the use by CITY, as a subrecipient, of a portion of COUNTY'S CDBG entitlement for a housing and community development program to be operated within COUNTY and which shall benefit low and very low income households. NOW, THEREFORE, the parties agree as follows: I. PRO GRAIYI COUNTY agrees to allocate a portion of its CDBG entitlement, and/or program income as defined in 24 CFR 5'70 Subpart J, ``Grant Administration" (570.504), to the CITY, as a subrecipient ofthe County, in the amount of Three hundred forty thousand sib hundred twenty-two and 49/100 dollars 0340,622.49) for the purpose of reimbursing the City for costs incurred to implement the housing and community development program (hereinafter ___._w. __"PROGRAM"). PROGRAM is defined as projects and activities funded with. tlussallocaton by: ________._________ the CITY and described in .detail in Exhibits "A" through ``H." A lump sum figure is allocated for this Contract and the parties understand and agree that the allocation is distributed by the COUNTY through reimbursing the CITY for allowed expenses, and no lump sum distribution of CDBG funds is made at the outset of this Contract. Reimbursement for Fiscal Year 2010/11 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 fiends for eligible CDBG Housing activities from its approved rehabilitation program revolving loan fund account, including accrued Program Income. Such authority is based on CITY and its subrecipients being in compliance with all Federal Rules and Regulations governing the CDBG PROGRAM, and the COUNTY CDBG Reallocation Guidelines. County of Santa Clara 1 FY 10/11 County/City Contract Office of Affordable Housing L.G-11-00 Community Development Block Grant Program jnb Revised 8/4/10 ~, As a condition of this Contract, CITY has pz-ovided numerous exlubits marked "A" through "D" as noted herein, attached to this Contract, incorporated by this reference, as though fully set forth as follows: Exhibit "A" (Agency Description), Exhibit "B" (Project Work Plan), Exhibit "C" (Proposed Implementation Time Schedule), and Exhibit "D" (Budget). Attached hereto and incorporated herein are the County's. Exhibits as follows: Exhibit "E" (Certifications), Exhibit "F" (Assurances), Exhibit "G" (Insurance), Exhibit "H" (Urban County. Housing Rehabilitation Services), if applicable, and Exhibit "I" (Contracting Principles Declaration} for all allocated CITY projects and activities awarded funding for Fiscal Yea><• 2010/11. II. TERM A. The purpose of this Contract is for the COUNTY to disburse CDBG .funds. Unless amended prior to its expiration, the term of this- Contract for disbursement purposes will begin on July 1, 2010 and will terminate on June'30, 2011, or unless tezminatecl earlier pursuant to Section VI or Section VII of this Contract. Invoices requesting, disbursements submitted after the expiration of this Contract will be honored only for allowable costs incurred during the Contract team and received prior to the processing cut-off date established by the County. B. The term of expenditl~re by CITY for the grant amount provided for herein shall begin on July 1, 2010 and terminate on the earliest of the following dates asset forth herein: June 30, 2011, or later date per amendment to this Contract; the date of the expenditure of the total grant, and/or program income amount provided for herein; upon the termination date established pursuant to Section VI or Section VII of this Contract. III. OBLIGATIONS OF CITY A. Certifications by CITY: City must provide COUNTY with written certification that the following information is on file at the CITY offices, and is subject to monitoring by IIiTD and/or COUNTY (County's Housing and Community Development Department; "OAH") OAH staff, or their representatives. Names and addresses of the current CITY Manager and CITY Council members. 2. Records of all discussions and actions taken at CITY Council meetings pertaining to the CDBG PROGRAM. Information and housing objectives for the Consolidated Plan required by HUD at the beginning of each program year. B. PROGRAM Performance Responsibilities of CITY. Conduct the PROGRAM within Santa Clara County,. for the purpose of benefiting low and very low income households.. County of Santa Clara 2 FY 10/11 County/City Contract Office of Affordable Housing LG-11-00 Community Development Block Grant Program jnb Revised 8/4/10 2. File quarterly reports with COUNTY detailing. adherence to the PROGRAM as described in Exhibits "A" through "D." The reports must document services rendered by the PROGRAM, describe the beneficiaries of the services, and evaluate the manner in which the PROGRAM is achieving its objectives and goals as a participating non-entitlement CITY. C. 3. Utilize minority and/or female owned business, vendors, suppliers,. and contractors to the maximum extent feasible, for items funded pursuant to this Contract, in accordance with County policy. Fiscal Responsibilities of CITY. 1. Identify the CITY's fiscal agent who is responsible for financial activities of CITY, including the receipt and disbursement of CITY CDBG funds. CITY will notify COUNTY in writing of the appointment of any subsequently appointed fiscal agent and that agent's name. 2. Maintain an accounting system that conforms with generally accepted principles of accounting. The accounting system is subject to review and approval of COUNTY. 3. CDBG Housing Rehabilitation Revolving Loan Fund Conditions: If CITY maintains a Revolving Loan Fund ("RLF"), CITY will maintain the RLF as a separate fund (with a set of accounts that are independent of other program accounts) established for the purpose of carrying out specific activities which, in turn, generate payments to the fuzad for use in carrying out the same activities. a. The RLF must be capitalized only with housing rehabilitation or housing acquisition repaymentfunds, which are considered CDBG Program Income for CDBG purposes. CDBG program funds may not be drawn down to serve as the initial available funding or ongoing funding of the RLF. _____ b, The RLr. ~~Il _cover_a_single, specific activity~_i.e h.ousing,rehabilitation._ _________ W V4 ___ Properties which maybe assisted under the RLF include: Single-family properties occupied by low and moderate-income households with annual gross incomes not to exceed 80% of the median area income threshold by family size, as issued by HUD for each program year; and, Multi-family (rental) properties with at least 51% of the units occupied by tenants with annual gross incomes which meet the same HUD annual income thresholds. County of Santa Clara 3 FY 10/11 County/City Contract Office of Affordable Housing LG-11-00 Community Development Block Grant Program jnb Revised 8/4/10 c. Program income received by the RLF from rehabilitation loan principal and interest repayments, must be held in an interest bearing account. Note: Principal repayments. and the interest paid by borrowers of CDBG-funded loans made from the RLF is considered program iuicome and subject to the CDBG program income requirements. d. Any accrued interest on the total funds maintained in the account must be returned to HUD annually, to be remitted through the COUNTY to the U.S. Treasury. e. The COUNTY'S Consolidated Plan must be amended following a public review process,. to reflect the establishment of a RLF as a strategy to addxess priority housing needs. The scope of the housing RLF should be described. f. Irz future years,. the RLF's estimated production and program income should be incorporated into each Annual Action Plan, as well as accomplishments and program income reported in the Consolidated Annual Performance and Evaluation Report (CAPER). g. An amendment of the applicable Annual Action Plan is required in' order to transfer any RLF funds to the grantee's main account for use with non-RLF but. eligible activities. (See Title 24 CFR 570 Subpart J, 570.500 "Defzzutions," 570.SD0(b) "Revolving Fund.") 4. Comply with the audit requirements of OMB Circular A-133 which require compliance with the Single Audit Act for any subrecipient expending $300,000 or more of federal funds for the fiscal year. 5. Document all PROGRAM costs by maintaining. records in accordance with Section III, Paragraph D below. 6. Submit to the COUNTY documented requests for reimbursement. 7. Certify current and continuous insurance coverage of CITY, subject to approval of COUNTY and in accordance with requirements as outlined in Exhibit G "Indemnity and Insurance Requirements;" and obtain certificate of insurance from all subrecipients which will list CITY as additional insured. Subparagraph C. 1. through 6. above are express conditions precedent to disbursement of any COUNTY funding and. failure to comply with these conditions may, at the discretion of COUNTY, result in the suspension of funding or termination of specific projects in non-compliance; or initiate the suspension of funding or termination. of this Contract as provided for herein. County of Santa Clara Office of Affordable Housing Community Development Block Grant Program 4 FY 10/11 County/City Contract LG-11-00 jnb Revised 8/4/10 If CITY does not use CDBG funds in accordance with this Contract, CITY is liable for repayment of all disallowed costs and ineligible activities. Disallowed costs and ineligible activities maybe identified through audits, monitoring or others sources. CITY will be required to respond to any adverse findings which may Iead to disallowed costs, subject to provisions of OMB Circular A-87, "Cost Principles for. State and Local Governments," and A-133, "Single Audits of State and Local Governments." CITY is required to respond to any adverse findings which may-lead to ineligible activities, subject to provisions of 24 CFR Part 570.201-206 "Eligible .Activities" and 24 CFR Part 570-207 "Ineligible Activities." D. E. Establishment and Maintenance of Records by City 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; 2. All direct and indirect costs of claims incurred or anticipated to be incurred to perform this Contract or to operate the PROGRAM; and Preservation of Records. CITY will preserve and make available its records: Until five years following expiration of this Contract, or F. 2. For such longer period, if any as is required by applicable law; or 3. If this Contract is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of five years from the date of termination. Examination of Records: _ 1. __ ._At any time dunrlg normal business hours and as often as may beTdeemed___ reasonably necessar3~, CITY .agrees that IIUD and. the COUNTY, andlor any_ authorized representatives may have access to and the right to examine Subrecipient CDBG records and facilities until expiration of: a. five years after expiration of this Contract; b. five years from the date of termination of this Contract; or c. such longer period as may be prescribed bylaw. 2. The CITY must provide language in its Contracts with all Subrecipients stipulating that at any time during normal business hours, and as often as :maybe deemed reasonably necessary, Subrecipient agrees that HUD and the COUNTY, County of Santa Clara 5 FY 10/11 County/City Contract Office of Affordable Housing LG-11-00 Community Aevelopment Block Grant Program jnb Revised 8/4/10 and/or any authorized representatives may have access to and tlZe z-ight to examine Subrecipient CDBG records and facilities until expiration. of: a. five years after expiration of this Contract; b. five years from the date of termination of this Contract; or c. such longer period as may be prescribed bylaw. CITY also agrees that COUNTY acid any .authorized representatives has the right to audit, examine, and make excerpts or transactions of and from, such records and to make audits of all contracts and subcontracts, invoices; payrolls, records of personnel, conditions. of employment, materials and all other data relating to the PROGRAM and matters covered by this Contract. CITY will be notified in writing of intended audits. CITY will be notified in writing of intended inspections of records and facilities and of intended audits no less than three business days before such inspections or audits. CITY is. required to respond in writing to the OAH Director any audit findings within 30 days of receipt of written audit findings. Responses will be included in the final, audit report. G. Compliance with Law. CITY staff will become familiar and comply with and require all its subcontractors; independent contractors and employees, if any, to become familiar and comply with all applicable Federal, State and local laws, ordinances,. codes, Regulations and decrees including, but not. limited to, those Federal rules and Regulations,. executive orders, and statutes identified in "F" ASSURANCES. Specifically, CITY will comply with the requirements of OMB Circular No. A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally Recognized Indian Tribal Governments," and OMB Circular A-133 "Audits of State and Local Governments." In addition, CITY will comply with Federal Regulations as cited in 24 CFR Part 570, Subpart J, and 24 CFR Part 85, and all other local; State or Federal laws applicable to this Program. CITY and its subrecipents must comply with Section 109 of Title I of the Housing. and Community Development Act of 1974, the Fair Housing Amendment Act of 1988, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246 as amended by Executive Orders 11375 and 12086. H. Suspension and Termination. Iri accordance with 24 CFR 85,43, suspension or termination of this Contract may occur if the CITY materially. fails to comply with any term of this Contract,. and that the contract may be terminated for convenience or cause in accordance with 24 CFR 85.44 and Sections VI and Section VII below. I. Reversion of Assets. Upon expiration or termination of this Contract, or in the event HUD cancels its Program for any reason,the CITY will transfer to the COUNTY any CDBG fiu~ds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under the CITY's control that was acquired or County of Santa Clara 6 FY 10/11 County/City Contract Office of Affordable Housing LG-11-00 Community Development Block Grant Program jnb Revised 8/4/10 improved in whole or in part with CDBG funds (including CDBG .fluids provided ~to CITY in the form of a loan) in excess of $25,000: 1. Must be used to meet one of the national objectives stated in Title 24 CFR part 570.208 for a period of five years after expiration of this Contract, or for such longer period of time as required by the COUNTY; or, 2. The CITY must reimburse the COUNTY anamount equal to the current m.arke~t value of the property, less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property (reimbursement is not required after the period of time specified in I. 1. above). J. "Section 3"Provisions. Compliance. Compliance with the provisions of .Section 3 of the Housing and Urban Development Act of 1968, as :amended, 12 U.S.C. 1701, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Contract, shall be a condition of the federal financial assistance provided under this Contract and binding upon the COUNTY, the CITY, and any subrecipients. Failure to fulfill these requirements shall subject the COUNTY, the CITY, and any subrecipients, their successors and assigns, to those .remedies specified by the Contract through which federal assistance is provided. The CITY certifies and agrees that no contractual or other .disability exists which would prevent compliance with these requirements. The CITY fiu-ther agrees to comply with these "Section 3" requirements and to include the following language in all subrecipient contracts executed under this Contract: "The work to be performed under the Contract is a project assisted under a program providing direct federal financial .assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the prof ect area and agreements .for work in corulection with the project be awarded to business concerns which are located in, or owned in substantial part by_persons residng_m, the areas of the_project."_ --__T._-._____..____-_~~ -___ The CITY certifies and agrees that no contractual or other disability exists which would prevent compliance with the requirements. 2. Notifications. The CITY and its subrecipients must send to each labor organization or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice i11 conspicuous places available to employees and applicants for employment or training. County of Santa Clara '] FY 10/11 County/City Contract Office of Affordable Housing LG-11-00 Community Development Block Grant Program jnb Revised 8/4/TO 3. Subcontracts. The CITY and its subrecipients will inclL~de this. Section 3 clause in every contract and will take appropriate action pursuannt to the contract upon a finding that the sub-subrecipiennt is in violation of regulations issued by COUNTY. The CITY will not contract with any sub-subrecipient where it has. notice or knowledge That the latter has been found in violation of regulations under 24 CFR 135 and will not let any contract unless the sub-subrecipient has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. IV. OBLIGATIONS OF C®UNTX A. Method of Payment. During the term of this Contract, COUNTY will disburse CDBG funds to CITY on a reimbursement basis, unless otherwise provided herein, for all allowable costs and expenses incurred in connection with the PROGRAM. Reimbursement will not exceed the- total sum of Three hundred forty thousand six hundred twenty-two and 49/100 dollars x$340,622.49) as stated in the fiscal yeax Cash Control Record document plus all Program Income accrued during the fiscal year. Reimbursement may be retained,. in part or in full,. by COUNTY, in the event of CITY' S non-compliance to PROGRAM regulations and conditions. Substantial non-compliance includes, but is not limited to, incomplete documentation of expenses, failure to submit adequate documentation. of PROGRAM progress as described in III, paragraph B.2, of this Contract, failure to provide and maintain an accounting system that is in conformance with generally accepted principles of accounting, or based on the suspension or termination of the Grant to COUNTY made pursuant to the Housing. and Community Development Act of 1974, as amended. B. In the case of CITY substantial non-compliance prior to exercising any recourse authorized herein, COUNTY will initiate the following procedure: Notify the CITY Coordinator in writing of the alleged substantial non-compliance and request an immediate meeting between CITY Coordinator and COUNTY OAH Director to resolve issue(s):. If issue(s) is(are) not resolved satisfactorily within thirty (30) days,. notify CITY Manager in writing requesting an inunediate meeting between CITY Manager, CITY Coordinator and COUNTY OAH Director to resolve the issue(s). 2. Determine if any portion of the reimbursement request meets all eligible criteria, and if so, authorize payment for the eligible portion of the reimbursement request; 3. Review the procedure to be followed pursuant to VI. C. of this Contract (CONTRACT COMPLIANCE, Corrective Action Procedure); and 4. If applicable, forward a written report to I3UD's Regional Office detailing the substantial non-compliance issues and the steps being instituted to correct performance, copy to the CITY Manager. County of Santa Clara $ FY 10/11 County/City Contract Office of Affordable Housing LG-11-00 Community Development Block Grant Program. jnb Revised $/4/10 C. Compliance with Law. COUNTY shall become familiar and comply with and require all its subcontractors and employees, if any, to become .familiar and comply with all applicable Federal, State and local laws, ordinances, codes, regulations and decrees including, but not limited to, those Federal .rules and regulations, executive orders, and statutes identified in Exbibit "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 recogzuzed Indian Tribal Goverrunents," and OMB Cixcular A133 "Audits of State and Local Governments." In addition, COUNTY will comply with Federal Regulations as cited in 24 CFR Part 570, Subpart J, and 24 CFR Part 85, and all other Local, State-or Federal laws applicable to this PROGRAM. 'V. PROGI2AI~'Y .C®®RDII~tATY®N A. The COUNTY Executive has assigned the OAH Director to supervise the progress and performance required by this Contract. All services performed by COUNTY will be at the overall direction of the OAH Director. B. CITY has designated Regina Fal kner to serve as CITY CDBG Program Coordinator, and City Manager Greg L a rs o n (or assignee approved by the CITY Council) assumes overall responsibility for the progress and performance of this Contract. CITY will immediately notify the COUNTY in v~ri~ting, of the appointment of a new CITY CDBG Program Coordinator, or a new CITY Manager (or assignee approved by the CITY Council). C. NOTICES. All notices or other correspondence required or contemplated by this Contract must be sent to the parties at the following addresses: COUNTY: Marjorie Matthews, Director Office of Affordable Housing County of Santa Clara County Center at Charcot 2310 North, First Street,. Suite 100 --- --------_ ~_-.T~ .._.~----_-r_ r.`-__-----_~.._ San Jose, CA 95131-.1011 CITY: Town of Los Gatos Name of CITY 110 E. Main Street Address of CITY Los Gatos. CA 95D30 City, State, Z1P Greg Larson Name of CITY Manager County of Santa Clara 9 FX 10/11 County/City Contract Office of Affordable Housing LG-11-00 Community Development Block Grant Program jnb Revised 8/4/10 All notices must either be hand delivered or sent by United States mail, registered or certified, postage prepaid. Notices given in such a manner will be deemed received when hand delivered or seventy-two (72) hours after deposit in the United States mail. Any party may change his or her address for the purpose of this section by giving five days written notice of such change to the other party in the manner provided in this section. ~I. CONTRACT COMPLIANCE A. 1Vlonitoring and Evaluation of Services. Evaluation and monitoring of the PROGRAM performance is tlxe mutual responsibility of COUNTY and CITY, with the understanding that HUD looks to COUNTY as the sole responsible party for meeting PROGRAM requirements. CITY will filrnish dafa, statements, records, information and reports as mutually agreed to by CITY and COUNTY as necessary for COUNTY to monitor; review and evaluate the performance of the PROGRAM and its components.. COUNTY has the right to request the services of an outside agent to assist in any such evaluation. Such services will be paid for by COUNTY. ' B. Contract Non-compliance. If CITY fails to comply with any provision of this Contract (24 CFR 85.43 "Enforcement"), COUNTY has the right to terminate this Contract or to require corrective action to enforce compliance. with such provision. Examples of non- compliance iziclude but are not limited to: If CITY (with or without knowledge) has made any material misrepresentation of any nature with respect to any information or data furnished to COUNTY in connection with the PROGRAM. 2. If there is pending litigation with respect to the performance by CITY of any of its duties or obligations under this Contract which may materially j eopardize or adversely affect the undertaking of or the carrying out of the PROGRAM. The CITY and COUNTY may negotiate a reinstatement of this Contract following termination or conclusion of such litigation.. If CITY has taken any action pertaining to the PROGRAM, which. action required COUNTY approval, and such approval was not obtained. 4. If CITY is iii default pursuant to any provision of this Contract. If CITY makes improper use of COUNTY funds. If CITY fails to meet all provisions of the COUNTY CDBG Reallocation Guidelines, or the Joint Powers Agreement currently in full force and effect between the parties hereto. C. Corrective Action Procedure. COUNTY, in its absolute discretion and in lieu of immediately terminating this Contract upon occurrence or discovery of noncompliance by CITY pursuant to this Contract, will- have the right to give CITY notice of County of Santa Clara 1 ~ FY 10!11 County/City Contract Office. of Affordable Housing LG-11-00 Community Development Block Grant Program jnb Revised 8/4/10 COUNTY'S intention to consider corrective action to enforce compliance. Such notice must indicate the nature of the non-compliance and the procedure whereby CITY will have the opportunity to participate in formulating any corrective action recormnendation In the event that CITY does not implement the corrective action recommendations in accordance with the corrective action timetable, COUNTY may suspend payments hereunder or terminate this Contract as set forth in .Section VII below. Once non-compliance is established, the following procedure will be initiated: COUNTY OAH Director and CITY Manager will negotiate a time frame and course of action for correcting the non-compliance; 2. CITY will provide COUNTY with a written plan and time frame for correcting the non-compliance. issue (s). Such plan must be submitted by CITY to COUNTY withinthirty (30) days of the initial non-compliance meeting between CITY and COUNTY; 3. CITY must initiate the corrective action procedure within sixty (60) days of the initial non-compliance meeting between-the COUNTY OAH Director and the CITY Coordinator (COUNTY, at their .discretion, may extend this time line for extenuating circumstances); 4. COUNTY will have the right to require the presence of CITY officers at any hearing or meeting called for the purpose of considering corrective action; and 5. CITY has the right to appeal all fmdings ofnon-compliance, and subsequent corrective action, with both the COUNTY Board of .Supervisors and HCTD. VII. T~RNI7[T~TATIOI~t A. ~ Termination for Cause. COUNTY may terminate this Contract by providing written notice stating the date of termination, to CITY for any of the following reasons: Uncorrected Contract non-compliance as defined in VL B=which has not been addressed or resolved within the aforementioned corrective action plan time period; 2. If CITY is in bankruptcy or receivership; If a member of CITY'S Executive Management staff is found to have committed fraud in .connection with the CDBG program (termination is applicable only to that portion of the CDBG program for which the person who committed fraud is responsible); 4. If there is reliable evidence that CITY is unable to operate the PROGRAM. County of Santa Clara 11 FY 10/11 County/City Contract. Office of Affordable Housing LG-11-00 Community Development Block Grant Program jnb Revised 8/4110 B. Termination for Convenence. In addition to the COUNTY'S right to terminate for cause as set forth in Section VII, either COUNTY or CITY may suspend or terminate this Contract for any reason upon mutual consent by giving thirty (30) days prior v~~ritten notice to the other paz-ty. Upon receipt of such notice, performance of the services hereunder will be immediately discontinued. C. In addition to the COUNTY'S right to terminate for cause set forth in Section VII,•either COUNTY or CITY may suspend or terminate this Contract as provided for in 24 CFR 570, at Subpart J "Grant Administration," and/or 24 CFR 85.44 "Termination for Convenience." Provisions of the Reallocation Guidelines will apply, but maybe adjusted if termination is for cause. D. Upon termination, CITY will: Be reimbursed for all documented allowable costs. and expenses incuzred in connection with the Project up to the date of such termination. COUNTY shall be obligated to compensate CITY only for allowable costs and expenses as determined by an audit or other monitoring method; 2. Turn over to COUNTY immediately any and all copies of studies, reports and other data, whether or not completed, prepared by CITY or its subcontractors, if any, in connection with this Contract.. Such materials shall become property of COUNTY. CITY, however; shall not be liable to COUNTY' S use of incomplete • materials or for COUNTY' S use of completed documents if used for other than the services contemplated by this Contract; and 3. Transfer to the COUNTY any CDBG funds on hand and any accounts receivable attributable to the use of CDBG funds. All assets acquired with CDBG funds shall be returned to the COUNTY unless otherwise negotiated by separate contract per the provisions of the COUNTY CDBG REALLOCATION GUIDELINES. E. Upon termination of this Contract, CITY will immediately provide COUNTY access to all documents, records, payroll, minutes of meetings, correspondence and all other data pertaining to the CDBG entitlement fund granted to CITY pursuant to this Contract. VIII. PiTRCHA.SING REAL OR PERSONAL PROPERTY CITY and COUNTY must comply with all applicable Federal Regulations. as detailed by 24 CFR Part 570,. Subpart J, i.e. 570.500 (Definitions), 570.503 (Agreements with Subrecipients), 570.504 (Program Income), and 570.505 (Use of Real Property), v~ith regards to the use and disposal of Real or Personal Property purchased in whole, or in part, with CDBG funds. In addition, 24 CFR Part 85 (the Common Rule) includes defznitions which apply to CDBG Real Property, however, the Common Rule section governing Real Property (.CFR 85.31) DOES NOT APPLY TO CDBG ACTIVITIES. County of Santa Clara 12 FY 10/11 County/City Contract Office of Affordable Housing LG-11-00 Community Development Block Grant Program jnb Revised 8/4•/10. A. The following defmitions apply to this Contract pursuant to 24 CFR, 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 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 57D.503 (Agreements with Subrecipients), 570..505 (Use of Real Property), and 570..504 (Program Income). B. Security Document. As a condition precedent to COUNTY ,granting funds for the purchase of real property or an option to purchase real property, CITY will prepare and require its siibfecipierit(s) to execute a Loan Agreement, Promissory Note, Deed of Trust and such other Contracts restricting the use of said real property for purposes consistent with this Contract, IIUD and CDBG requirements. C. Grants. If a :grant is provided for the acquisition of real property, CITY will require its subrecipients(s) to continually operate its Project for a minimum period of six (6) years from. the effective date of this Contract: This obligation will survive the term of Cities contract with its subrecipient(s), the assignment or assumption of this Contract and the sale of the property prior to expiration of the obligation period as set forth in this paragraph. If this obligation is not fully met, CITY may be required to reimburse the COUNTY. The COUNTY may consider, but will not be limited by, the following factors in calculating the reimbursement obligation: initial grant sum; the duration of the initial contractual obligation to operate the Project versus the actual duration of operation; and the appreciated value. D.~__Relocation, Acquisition, and Displacement. CITY agrees. to comply_ with.24_CFR___________ 570.60.6 relating to the acquisition and disposition of all real property utilizing CDBG funds, and to the displacement of persons, businesses, and non-profit organizations as a direct result of any acquisition of real property utilizing CDBG funds. CITY agrees to comply with applicable state laws,. County Ordinances, Resolutions, and Policies concerning displacement of individuals from their residences. IX. PR®GItAM INCOME Income generated by the Project is Program Income and shall be regulated by alI provisions of Title 24 CFR 570 Subpart J "Grant Administration," 570.503 "Agreements with Subrecipients," and 570.504 "Program Income." In addition, all provisions of the COUNTY REALLOCATION GUIDELINES apply to this Contract. CITY must quarterly report all program income generated County of Santa Clara 13 FY 10/11 County/City Contract Office of Affordable Housing LG-11-00 Community Development Block Grant Program jnb Revised 8/4/1-0 by activities carried out with CDBG fixnds made available under this Contract.. Byway of further limitations, CITY may use such income during the Contract term for activities permitted by this Contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unused program income will be returned to the COUNTY at the end of the. Contract term with the exception of Rehabilitation Loan payments. X. INDEPENDENT CONTRACTOR This is a contract by and between independent contractors and is not intended and will not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between CITY and COUNTY. CITY, including its officers, employees, agents, independent contractors or subrecipients, will not have any claim arising from the terms of this Contract or otherwise against COUNTY for any Social Security, Worker's Compensation, or employee benefits extended to employees of COUNTY.. XI. ASSIGNABILITY A. None of the work or services to be performed hereunder may be assigned, delegated or subcontracted' to third parties without-the prior written approval of COUNTY. Copies of all third party contracts must be submitted to COUNTY at least ten days prior to the proposed effective date. In the event COUNTY approves of any such assignment, delegation or sub-contract, the subcontractors, assignees or delegates will be deemed to be employees of CITY, and CITY will be responsible for their performance and any liabilities attaching to their actions or omissions.. B. This Contract may not be assumed nor assigned to another CITY, person, partnership or any other entity without the prior written approval of COUNTY. The use of the word "employees" in this paragraph is limited solely to activities by those persons described herein, related to the management acid potential repayment of the program funds provided for in the Contract. The use of the ternn here does not create liability for personal injuries, worker's compensation or other forms of liability, obligation or responsibility which flow from employee/employer relationships. XII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION COUNTY and CITY agree to maintain .the confidentiality of any information regarding applicants for services offered by the PROGRAM pursuant to this Contract or their immediate families which play be obtained through application forms, interviews, tests, reports from public agencies or counselors, or any other source: Without the written pezxnission of the applicant, such information maybe divulged.. only if permitted by law or as necessary for purposes related to the performance or evaluation of the services and work to be provided pursuant to this Contract,. and then only to persons having responsibilities pursuant to this Contract, including (hose furnishing services for the PROGRAM through approved subcontracts. County of Santa-Clara 14 FY 10/1.1 County/City Contract Office of Affordable Housing LG-11-00 Community Development Block Grant Program jnb Revised 8/4/10 XIII. IIOLD NARMT,ESS In .addition to the indemnity obligations set forth in Exhibit G, "Indeznzury and Insurance Requirements," CITY must indemnify and hold harmless the COUNTY, its employees, agents, and officials, members of boards and commissions, froze any and all claims, actions, suits, charges and judgments whatsoever, with respect to any damages, including attorney's fees and court costs, arising out of the failure of the CITY's PROGRAM or its subrecipient(s) failure (for CITY) to comply with applicable laws, ordinances, codes, .regulations and decrees, including without limitation those set forth in Exhibit E, "Certifications." . 'V6~AI~IZ OF RI~IiTS Al\TD RIEMJEDIES In no event will any payment by COUNTY constitute or be construed to be a waiver by COUNTY of any breach of the covenants.or conditions of this Contract or any default which may then exist on the part of CITY, and the making of any such payment while any such breach or default exists will in no way impair or prejudice any right or remedy available to COUNTY with respect to such breach or default. In no event will payment to CITY by COUNTY in any way constitute a waiver by COUNTY of its rights to recover from CITY the amount of money paid to CITY on any item which is not eligible for payment from the PROGRAIvI or this Contract. ~V. _l~®1N~-DISCI2IMII~ATION CITY will comply with all applicable Federal, State and local laws and regulations including Santa Clara County's policies concerning nondiscrimination and equal opportunity in contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of 1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code sections 12900 et seq.); and California Labor Code sections 1101 and 1102. CITY will not discriminate against any subcontractor, employee,. or applicant for employment because of age, race, colox, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status in the recruitment, selection for training including apprenticeship, hiring, employment, utilization promotion, layoff, rates of pay_or-other forms. of compensation. Nor will CITY__ ___ _____ _ ~_~__ - ~ . discriminate in provision of services provdedunder this contract because of age; race, color,- national origin, ancestry, religion, sex/gender, sexual orientation,. mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. This non-discrimination provision must be included in CITY's cozztracts with its subrecipient(s) and vendors when utilizing the CDBG funds. ~VI. AMEI~TDMEI~TS A. Amendments to the terms or conditions of this Contract must be .requested in writing by an authorized representative of the party desiring amendments, and any amendment will be effective only upon the mutual agreement in writing of the parties hereto. County of Santa Clara 15 FY 10/11 County/City Contract Office of Affordable Housing LG-11-00 Community Development Block Grant Program jnb Revised 8/4/10 Amendments will not invalidate this Contract, nor relieve or release tlZe COUNTY or. the CITY from its obligations under this Contract. B. During the Contract term, CITY may choose to transfer funds within the PROGI~M described in Exhibits "A through D." Fund transfers exceeding $30,000 as well as new projects added to CITY's PROGRAM, require COUNTY'S approval and may require an amendment to this Contract. XVII. INTEGRATED DOCUMENT This Contract, in conjunction with the Santa Clara County CDBG Joint Powers Agreement, contains the entire agreement between COUNTY and CITY with respect to the subject matter hereof. No written or oral agreements, other than-the Santa Clara County CDBG Joint Powers Agreement, with any officer, agent or employee of COUNTY prior to execution of this Contract will affect or modify any of the terms or obligations:contained in any documents comprising. this Contract. - XVIII. NON-SMOKING POLICY Contractor and its employees, agents and subcontractors, shall comply with the County's No Smoking Policy,. as set forth in the Board of Supervisors Policy Manual section 3.47 (as. amended from time to time); which prohibits smoking: (1) at the Santa. Clara. Valley Medical Center Campus and all County-owned and operated health facilities, (2) within 30 feet surrounding County-owned buildings and leased buildings where the County is the sole occupant, and (3) in all County vehicles. XIX. NiJTRiTIONAL BEVERAGE PROVISION If CITY provides beverages through COUNTY departments, or at COUNTY programs, sponsored meetings, sponsored events, or at COUNTY owned/operated facilities, CITY shall not use COUNTY funds to purchase beverages that do not meet the COUNTY's nutritional beverage criteria, if applicable. The six categories of nutritional. beverages that meet these criteria~are: (1) water with no additives; (2) 100% fruit juices with no added sugars, artificial flavors or colors (limited to a maximum of 10 ounces per container); (3) dairy nulk, non-fat, i% and 2% only; no flavored. milks; (4) plant derived (i.e.,.rice, almond,. soy, etc.) milks (no flavored milks); (5) artificially-sweetened, calorie-reduced beverages that do not exceed 50 calories per 12-ounce container (teas, electrolyte replacements); and (6) other non-caloric beverages, such as coffee, tea, and diet sodas. These criteria maybe waived in the event of an emergency or in light of medical necessity. XX. MISCELLANEOUS A. The captions and section headings used in this Contract are for convenience of reference only, and the words contained therein in no way explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Contract. County of Santa Clara 1( FY 10/11 County/City Contract Office of .Affordable Housing LG-11-00 Community Development Block Grant Program jnb Revised 8/4/10 B. All exhibits attached hereto and referred to in this Contract are incorporated herein by this reference as if set forth fully herein. Exhibit "A" (Agency Description), Exhibit "B" (Project Work Plan), Exhibit "C" (Proposed hnplementation Time Schedule}, Exhibit "D" (Budget), Exhibit "E" (Certifications}, Exhibit "F" (Assurances), Exhibit "G" (Insurance), Exhibit "H" (Urban County Rehabilitation Services) if applicable, and. Exhibit "I" (Contracting Principles Declaration). C. The persons signing below are duly authorized to execute this Contract. IN WITNESS WHEREOF, the parties have executed this as indicated below. CITE' OF: COUl~TY O]F SAlatTA CLA_RA: By: By. CITY Manager .Date Ken Yeager, President Date Board of Supervisors Print Name ATTEST: Signed and certified that a copy of this document has been delivered by electronic or other means to the President, Board of Supervisors ATTEST CITY Clerk Date Maria Ma~-inos Date Clerk, Board of Supervisors APPROVED AS TO FOI2IYI AND APPROVE:® AS TO FOB AND LEGALITY': LEGALITY: CITY Attorney Date Miguel Moreno Date Deputy County Counsel Print Name County of Santa Clara 1'] FY 10/11 County/City Contract Office of Affordable Housing LG-11-DO Community Development Block Grant Program jnb Revised 814/10 COMI`o!IUNITY DEVELOPMEleTT BLOCK GRAl@TT PROGRAM (F~' 2010/11) EXHIBITS A - D AGENCY DESCRIPTIOl~ Project: Housing Conservation Program -Loans Project 1~To.: LG-OS-51 Category: Housing Agency: Town of Los Gatos 'Sate: (same) 110 E. Main Street Los Gatos, CA 95030 Regina Falkiier, Commuiuty Services Director Phone (408) 354-6820 Fax (408) 354-8431 Ernail community@losgatosca.gov PROJECT GOAL The Town's Housing Conservation Program (HCP) provides low interest installment loans and. deferred loans for eligible work items, which include, .home repairs, earthquake retrofit work, health and safety repairs, aild accessibility modifications. This .project-funds.iiew HCP loans to income-eligible homeowners in Los Gatos, . Santa Clara County administers the Town's Housing Conservation Program (HCP), per Exhibit H of this Contract, "Urban County Housing Rehabilitation Services." PROJECT OBJECTIVES Pending approval of a loan by Santa Clara County, provide project allocation funds as loan capital. PROPOSED IMPLEIVIEI~TATI01~ TIME SCIIEDULE _.~ Q~zarter--- _. :-- - -Activities----------~ ----~_~~w__.-~- Jul. -Sept., 2010 No Activity. , Oct. -Dec., 2010 No Activity. Jan. -Mar., 2011 No Activity. Apr. -Jun., 2011 Request that Santa Clara County draw down project allocation for use as loan capital. BUDGET Line Item CDBG Budget Amoumt Loan Capital $87,362.78 COMP2UNITY DEVELOPI~ZENT BLOCK GRANT PROGRAM (FY 2010/11) EXHIBITS A - D AGENCY DESCRIPTION Project:. ADA'Compliance Project - Oalc Meadow Park Category: Public Service Agency: Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 Regina Falkner, Conununity Services Director Phone (408) 354-6820 Fax (408) 354-8431 Email coilnnunity@losgatosca.gov PROJECT GOAL Project No.: LG-10-41 Site: Oak Meadow Park Blossom Hill Road Los Gatos, CA The. Town's. ADA hnprovements program is part of the Public Facilities Program of the Town's five-year Capital Improvement Program. Administered by the Town's Parks and Public. Works. Department, it makes hnprovements to Townproperties to achieve compliance wit11 ADA standards for public facilities. Any project funds remaining after project completion will be progranuned to new ADA projects at public facilities. PROJECT OBJECTIVES Make improvements to paths in compliance with Aiilericans with Disabilities Act (ADA) Requirements =include paving an existing dirt/gravel pathway from the parking lot to t11e restroom facilities at Oak Meadow Park and constnact a paved pathway around the turf area. of -Oak Meadow Park to provide wheelchair accessibility to the picnic areas and the band stand. PROPOSED IMPLEMENTATION TIME SCHEDULE Quarter Activities Jul.. - Sept., 2010 No activity plazuled for this quarter. - Sept. -Dec., 2010 Town Council to award construction contract; COllstruct1011 t0 begin. Jan. - March, 2011 Construction of project to be complete. April -June, 2011 No activity plaiuied for t11is quarter. BUDGET Line Item CDBG Budget Amount hnprovements to paths at Oak~Meadow Park $107,643.71 COM1~~UllTITY DEVELOPI4~ENT BUCK GRANT PROGRAM (F~' 2010/11) E~3IBITS A - D AGEIOTCY DESCRIPTION Project: Second Harvest Food Bank -Operation Brown Bag Project No.: LG-11-31 'Category: .Public Service Agency: Second Harvest Food Bank Site: 208 E. Main Street 750 Curtner Avenue Los Gatos, CA 95030 and San Jose, CA 95125 Calvary Baptist~Church Lori Mathis, Coirumunity Program Manager 163330 Los Gatos Blvd. Phone (408) 266-8866 Los Gatos, CA 95032 Fax .(408) 266-9042 Email lmathis @shfoo db ank. com PROJECT GOAL To provide bags of groceries to participants at local distribution sites on a weekly basis. Nutrition ai7d consumer education programs, a newsletter, volunteer activities, and recognition events are also provided at the local sites. PROJECT OBJECTIVES Provide weekly bags of groceries to qualified Los Gatos residents, hold nutrition and consumer workshops, produce a quarterly newsletter, hold volunteer recogntion events, provide volunteer opportunities, and provide information and referrals. PROPOSED Ili2PLEMENTATION TII~~E SCHEDULE Ser~~ace JuI. -Sept., Oct. -Dec., Jan. - la'Iar., Apr. - Jurl., 2010 2010 2011 2011 Average bags of 49 7 7 7 grooeries-per°week~- _ ~__ . - .T..__~._~__-_~__ ~-~_-- Education programs 1 1 1 1 Newsletter issues 1 0 . 1 1 Volunteer opportuiuties 3/150 3/150 3/150 4/150 (volunteers/hours per. week) BUDGET Line Item CDBG Budget Amount Utilities $4,800 COl~!IMUI\TITY DEV-ELOPMENT' BLOCK GIZA:NT PROGRAM!! (FY 2010/11) EAHISITS A - D AGENCY DESCRIPTION Project: Catholic Charities -Long Tern Care Ombudsman Project No.: LG-11-32 Category: Public Service Agency: Catholic Charities of San Jose Site: (various) 2526 Zanker Road, .Suite 200 San Jose, CA 95134 Wanda Hale, Program Director Phone (408) 944-0567 Fax (408) 944-0776 Email whale@ccsj.org PROJECT GOAL. This program enables volunteer ombudsmen to receive, investigate, and resolve complaints made by, or on behalf of, long tern care facility residents. It provides for regular site visits. by staff gild certified volunteers to facilities, where face-to-face contact is made with individuals at risk for isolation, exploitation, personal rights violation, and abuse. PROJECT OBJECTIVES Provide ombudsman presence,. advocacy, complaint investigation, and community education. Provide information and referral, recertification and retraining of volunteers, certification . traiiung for new volunteers, and witness Advanced Health Care Directives. PROPOSED IMPLEMENTATION TIME SCHEDULE Ser~~ice Jul. -Sept., 2010 -Oct. -Dec., ~ ~ 2010 Jan. -Mar., 2011 Apr. -Jun., 2011. Personal contacts ~~~itl1 unduplicated residents 110 110 110 110 Site visits 33 33 33 33 Complaint investigations 10 10 10 10 Community Presentation 0 0 0 1 BUDGET Line Item CDBG Budget Amount Salaries $7,37.0 COl~Zl~~IUNIT~' DEVELOPI!!IENT BLOCK GRANT PIZOGRAI~2 (F~' 2010/11) EXHIBITS A - D AGENCY' DESCRIPTION Project: Live Oak Adult Day Services -Adult Day Care Category: Public Service Agency: Live Oak Adult Day Services 1147 Minnesota Avenue San Jose, CA 95125 Colleen Hudgen, Executive Director Phone (408) 971-9363 Fax (408) 971-9079 Email liveoak@attglobal.net PROJECT GOAL Project No.: LG-11-33 Site: 111 Church Street, Los Gatos, CA 95030 To provide age-appropriate social and recreational activities, exercise, .meals (breakfast and lunch), and attention front professional staff. It also provides respite for participants' regular caregivers, usually .family members. Information relating to elder care, 'counseling support, and referral to other relevant community resources are also provided for the family members of program participants. PROJECT OBJECTIVES Provide adult social day care to flail elderly Los Gatos.residents; provide days of respite to caregivers of those residents; provide both breakfast and noon meals to day care clients; provide staff consultation, counseling, and assessments for clients; hold in-service community education programs; and provide referral and outreach as needed. PROPOSEI? II1'IPLElWIENTATION TIl~~IE SCHEDULE ___.___--Service ___ _'---~_ ..Jul.--=Sept.-Z0~ O- --Oct: - sec-2010...- _-Jan. lYlar: 20-11 Apr: -Jun: 2OJl- Days of adult day care 350 350 350 350 Days of caregiver respite 35'0 ~ 350 350 350 Noon meals 350 350 350 350 Breakfast meals 350 350 350 350 BUDGET Lane Item CI?BG Budget Amount .Salaries $12,470 COMMUNITY DEVELOPl~'IENT BLOCK. GRANT PROGRAp'I (FY 2.010/11) EXHIBiTS A - D AGENCY DESCRIPTION Project: ADA Compliance Project -Pageant Park Path Project No.: LG-11-41 Category: Public Sei-~~ice Agency: Town of Los Gatos ~ Site: Pageant Parlc 1'10 E, Main Street behind 110 E. Main Street Los Gatos,. CA 95030 Los Gatos, CA Regina Falkner, Coirununity Services Director Phone (408) 354-682.0 Fax (408) 354-8431 Email community@losgatosca.gov PROJECT GOAL The Town's ADA Improvements program is part of the Public Facilities Program of the Town's five-year Capital Improvement Program. Administered by the Town''s Parlcs ai7d Public ~~orks Department, it makes. improvements to Town properties to. achieve compliance with ADA standards for public facilities. Ai1y project funds remaining after project completion will be prograiruned to new ADA projects at public facilities. PROJECT OBJECTIVES Relocate the existing HVAC equipment adjacent to Pageant Park and construct site. improvements to ei~llance pedestrian and ADA access from the i~,ew Library to Pageant Park and the Civic Center. PROPOSED IMPLEMENTATION TIME SCHEDULE. Quarter Activities Jul. - Sept.; 2010 Town Council to award design contract. Sept. -Dec., 2010 Design of project in process. Jan. - March, 2011 Design work to be completed. April -June, 2011 No activity plaiu~ed for t1~is quarter. BUDGET Line Item CDBG Budget Amount Improvements to Pageant Park $92,976.00 CQl~%El~~IUNITY DE~ELOPNIENT BLACK GRANT PROGRAM (F~' 2010/11) EXHIBITS A - D AGE~TC~' DESCIt1PTION Project: Urban County Rehab Services Project No.: LG-11-53 Category: .Housing Agency: County of Santa Clara Site: (various) Office of Affordable Housing Housing and Community Development Program 1735 North First Street, Suite 265 San-Jose, CA 95112 ' Marjorie Matthews, Director Phone (408) 44.1-4258 Fax (408) 441-0365 PIZ®JECT GOAL Santa Clara County administers the Town's .Housing Conservation Program (HCP), per Exhibit H of this Contract, "Urban County Housing Reliabilitation Services," The HCP provides low interest installment loans, deferred loans, and grants for. eligible work items, wlich include: home repairs, earthquake retrofit work, health and safety repairs, and accessibility modifications. PROJECT OBJECTIVES .Perform County'sresponsibilities as listed in Exlvbit H to this Contract, "Urban County Rehabilitation Services." PROPOSED II9'IPLEI~!IENTATI®N TIMF, SCI3EDULE Quarter Activities Jul. -Sept,,-2010 Perfoi7n County's responsibilities as listed in E~libit H to tlis f Coii~ract;-``Urban-County Relabilitaton~Se=vices:"LL -"-- Oct. -Dec., 2010 Perforn Comity's responsibilities as listed in Exhibit H to this Contract, "Urban County Rehabilitation Services." Jan. -Mar., 2011 Perform County's responsibilities as listed in Exhibit H to this Contract, "Urban County Rehabilitation Services." Apr. -Jun,, 2011 Perform County's responsibilities as listed in Exhibit H to this Contract, "Urban County Rehabilitation Services." BUDGET Line Item CDBG Budget Amount Salaries $13,000 COI!'I112UNITY DEVELOPMENT BLOCK GRANT PROGRAl1Z (FY 2'010/11) EXHIBITS A - D AGENCY DESCRIPTION Project: General Adn~iiustration Project No.: LG-11-91 Category: Housing Agency: Town of Lo.s Gatos Site: (salve) 110 E. Main Street Los Gatos, CA 95030 Regina Fallcner, Coirununity Services Diiector Phone (408) 354-6820 Fax (408) 354-8431 Eimail coirununity@losgatosca.gov PROJECT GOAL Admiiuster funding and imonitor service delivery of all CDBG-funded programs and projects for the Town of Los Gatos.. PROJECT OBJECTIVES Coordinate aiulual allocation of CDBG funds, establish aiulual City/County CDBG contract, establish and moiutor funding contracts with nonprofit agencies, receive and review quarterly deliverables from nonprofit agencies, coordinate disbursemment of CDBG funds to nonprofit and Town projects, prepare 4 quarterly deliverables to Santa Clara County HCD, attend Urban County Staff mmeetings, and respond to inquiries for information. PROPOSED IMPLEMENTATION TIME SCHEDULE Quarter Activities Jul. -Sept., 2010 Review quarterly deliverables fiom nonprofit agencies. Prepare and sign aiulual City/County Contract. Establish funding contracts with nonprofit agencies. Coordinate disbursement of CDBG funds. Prepare quarterly deliverable to Sailta Clara County HCD. Attend Urban County Staff meetings, as scheduled. Respond to inquiries for information, as received. Oct. -Dec., 2010 Review quarterly deliverables. from nonprofit agencies. Coordinate disburseivent of CDBG funds. Prepare quarterly deliverable to Santa Clara County HCD. Attend Urban County Staff meetings, as scheduled. Respond. to inquiries for information, as received. Jan. -Mar., 2011 Coordinate arulual allocation of CDBG funds. Review quarterly deliverables from nonprofit agencies. Coordinate disbursement of CDBG funds. Prepare quarterly deliverable to Santa Clara County HCD. Attend Urban County Staff meetings, as scheduled. Respond to inquiries for information, as received. Apr. -Jun., 2011 Coordinate annual allocation of CDBG funds. Review quarterly deliverables from nonprofit agencies. Coordinate disbursement of CDBG funds. Prepare quarterly deliverable to Santa Clara County HCD. Attend Urban County Staff meetings, as scheduled. Respond to inquiries for information, as received. BUDGET Line Item CDBG Sudget Amount Salaries $15.,000.00 EXI-IIBIT E q~~~.~~~ ~ o~~ C7~` ~ ~~ ~ ~ PAP ~~ ~ .~~ ,~~ fatany etertianfs of Phis document may be compieted etectronicaFly, howevo.r a signature must be manuatty applied and the document must be submitted in paper form to 'the Meld t~ffice. N®N-STATE GO'V~RfVt~lC=1VT C~RTI~ICA'i'I011IS In accordance with the applicable statutes and the regulations governing the consolidated-plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain .records reflecting that analysis and actions in this regard. Anti-displacement and Reiocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug-Free Workplace -- It will or will continue to provide adrug-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 betaken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about.- a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining adrug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon emplogees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph.i; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment _-.___.under_th.e_gra.nt,_the~~,ployee will - ---- -- a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide. notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identiFcation number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or 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 adrug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. CPMP Non-State Grantee Certifications •1 1~ersion 1.3 COUNTY O.F SANTA CLARA Anti-Lobbying -- To.the best-,of the.jurisdiction'sknowledge and. belief: -- 8. No Feder"al:appropriated.funds:have been paid or will; be laid; by or on behalf of it, to any `., person forinfluercing oratternpting to influence an off cer'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 Fede(al contract, the making of any. Feder-al grant, thb making of any Federal loan, the entering into of any cooperative .agreement,. and. the extension, continuation, renewal;_amendment,_or,modiFcatlon of any Federal contract, grant, loan, or cooperative agr`eemeht; ~ ` 9. If any funds other than'FederaF°appropriated funds have been paid or will be paid to any person for influencing•or-attempting to influence an officer or employee of any agency, a Member of Congress, an officer or.employee of Congress, or an employee of a Member of Congress in connection with this Federal. contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosu`re Form to Report Lobbying," in accordance with its instructions; and - - 10. It will require that the.language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for ail subawards at all: tiers (including: subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipfents shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized -under State -and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan.. . Section 3 -- It will comply with: section 3 of the Housing. and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135, ~-- Signature/Authori Name Count Executive Title 70 West Heddin Street Address San. Jose CA 95110 City/State/Zip 408 299-51Q2 Telephone Number 1~ Date CPMP Non-State Grantee Certifications 2 Version 1.3 Jeffre V. Smith COUNTY OF SANTA CLARA specific Cf3t3~ Certifi'~a~i'ons The Entitlement Community certifies that: ' Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Carnmunity Development Plan -- Its consolidated housing and commun[ty development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR Z4 part 570) Following a Ptan -- It is following a current consolidated plan (or Comprehensive Housing AFfordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 11. 1~1aximum Feasible Priority -With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible.priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The .Action .Plan .may also include activities which the grantee certifies are designed to -meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 12. Overall Benefit -The aggregate use of CDBG funds including section 1D8 guaranteed loans during program year(s) ZO1D, 2_, 2_, (a period specified by the grantee .consisting of one, two, or three specific consecutive program years), shall principally benefit ,persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 13. Special Assessments - It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against .properties-owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed fi-om other revenue _________________sources,~an assessment or charge.may be_m~de against the_pr_operty__wth..r_espect.to~.the._publc_ ________.___. improvements financed by a-source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge .may be made against the property with respect to the public improvements fnanced by a source other than CDBG Funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: 14. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any. individuals engaged in non-violent civil rights demonstrations; and 15. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location :which is the subject of such non-violent civil rights demonstrations within .its jurisdiction; CPMP Non-State Grantee Certifications 3 Version 1.3 COUNTY OF SANTA CVaRA Compliance With Anti discrimination laws -- The grant will be conducted and administered {n conformity. with title VI of tfie Civil Rights Act of 1964 (42 USC 2000d), the Fair Mousing Act (4Z USC 3601-3619), and implementing. regulations. Lead-Based Paint -- Its activities concerning lead-based paint will comply with the requirements of part 35, subparts A, B, J, K and R, of title 24; Compliance with Laws -- It will comply with applicable laws. Signature/Authorized a Date Jeffre V. Smith Name Coun Executive Title 70 West Neddin Street Address San Jose CA 95110 City/State/Zip ..408 299-51D2 Telephone Number CPMP Non-State Grantee Certifications 4 Version. 1.3 COUN"il' OF SANTA CLA12A .~PP1=l~DIX 7'O CERT~FIC;~TIOf~~ Instructions Concerning Lobbying and .Drug-Free Workplace Requirements Lobbying Cericification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Drug-Free Irllorlcpiace Certification - 1. , ay signing and/or submitting this application or grant agreement, the grantee is providing the certification. ' L. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to .any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. _ ____, . _ ~.-..- -..-. •-.-, 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee .must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e,g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the pertormance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (sae paragraph three). • 6. The grentee may insert in the space provided below the site(s) for the performance ofi work done in connection with the specific grant: Place of Performance (Street address, city, county, state, z(p code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part Z1'. Place Fame Street Cit Count State ~i County Government Center _ _- ~.-~~.______-------- 70 West Hedding St. "_----------- San Jose ~-_~.-- Santa Clara ----------- CA ___._. 95110 _ _. OfFice of Affordable Housing 23.10 N. First 5t.; Suite 100 San .lose Santa Clara CA 95131 7. Defihitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-.Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled • Substances Act (21 U.S.C. 812) and as further defined by regulation (Zi CFR 1308.1.1 through 1308.15); "Conviction" means a finding of guilt (including a plea of polo conCendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the CPMP IVon•-State Grantee Certifications i0 Version i.3 COUNTY OF SANTA. CIARA Federal or State. criminal drug-statutes; "Criminal drug statute" means a' Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession_ of any controlled substance; "Empioyee`~ means the employee of a grantee directly ehgaged m-the perforrnance'of work under a gra~nt;_including: _ :... a. P;II "direct charge" employees; b. all "indirect charge" employees unless their impact or involvement is insignificant to the. performance of the grant; and c. temporary personnel and consultants who are d(rectly:engaged_ in the performance of work under the grant and who are on the grantee's payroll. This defihition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered vrorkplaces). Note that by signing these certifications, certain documents must completed, in use, and on file for veriFication. These documents include; 1. Analysis of Impediments to Fair Housing 2. Citizen Participat(on Plan 3. Anti-displacement and Relocation Plan Signature/Authorized JefFre V. Smith Name Coun Executive Ti tl e 70 West Heddin Street Address San Jose CA 95110 -City/State/Zip 408 299-5102 Telephone Number Date CPMP Non-State Grantee Certifications 11 Version 1.3 EDIT ~ ASSURANCES' CORPORATION hereby assures and certifies that it will comply with all regulations, policies, .guidelines and requirements applicable to the acceptance and use of Federal funds for this Federally-assisted program and will be responsible for implementing and complying with all relevant future changes to Federal Regulations or OIvLB Circulars. Specifically CORPORATION gives assurances and certifies with respect to the PROGRAM that it is compliant with the following Regulations as defined by 24 CFR, Part 570, Subpart J; 24 CFR, Pax-t 570, Subpart K; and will be conducted and administered in conformity with "Public Law 88.352 and Public Law 90-2$4. Full text of the regulafio~as can be located at: http://www.gpoaccess.gov/cfr/irzdex.htnal 1. 570.505. Use of Real Property 2. 570.506. Records to be l~Iaintaizzeci 3. 570.508. Public Access to Public Records 4. 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 1, 07. 5. 570.602. Section 109 of the Act addresses discrimination 6. 570.603. Labor Standards 7. 570.604. Environmental Standards 8. 570.605. National Flood Insurance Program 9. 570..606. Ilisplaceznent, Relocation, Acquisition, and Replacement of ffousigg. 10. 570.607. Emplo3~nent and Contracting OppQ 11. 570.608. Lead-Based Paint 12. 570.609. Use of T~ebarred, Suspended, or IneIzgble Contractors or Subrecipients 13. 570.610. Uniform Adm~istrative Requirement and Gast Principles. The COUNTY, its Subrecipients, agencies or instrumentalities, shall comply with the policies, guidelines, and requirements of 24 CFR Part 85 (Common Rule),~and OMB Circulars A- 110 (Grants and Agreements with Non-Profit Organizations), A-122 (Cost Principles .for. Non-Profits), A=128 (Audits of State .and Local Governmezits-implemented at 24 CFR, Part 24}, and A-133 (Audits of Institutions of Higher Education and Other Non-Profit EY,HIBIT F - ASSUR,4NCES ~[ REVISED 8/24/06 Institutzons), as applicable, as they relate to the acceptance and use of Federal fi~.nds under this part. The applicable sections of 24.CFR, Part 8S and OMB Circular A-100 are set forth at 570.502. 14. 570.611. Conflict of Interest 15. 570.612. Egecutive.Order 12372 allows States to establish its owi~ process for review and comment on proposed Federal financial assistance programs, specifically the use of CDBG funds for the construction or planning of water or sewer facilities. 16. 570.613. Eligibility Restrictions for Certain Resident Aliens 17. 570.614. Architectural Barriers Act and the Americans with Disabilities Act EXHIBIT F - ASSURANCES ~ Z REVISED 8-24-061t S: I CDBG_` HOME ~X~IT ~ INDEI~~ITY AND INSURANCE REQUIREMENTS FOR STANDARD CONTRACTS ABOVE $100;000 Indemni The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"}, its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel ezriployed by the County. It his 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 wluch the Contractor is obligated to indemnify, defend and hold .harmless the County wider this Agreement. Insurance Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own. expense, during the teen of this Agreement, or as may be further required herein, the following insurance .coverages and provisions: A. Evidence of Coverage Prior to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the uzsurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request. This verificatian of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until it has obtained .all insurance required azid such insurance has been __ _-_.-__~_ .-approved b_y_ he_County_. This-_ approval .of_ insurance shall-neither-relieve--nor-.decrease-:the---- ---- liability of the Contractor. B. (qualifying Insurers , A11 coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the cw-rent Best's Key Rating Guide or a company of equal financial stability That is approved by the County's Insurance Manager. EXHIBIT B-2 (revised} (HCD-0} Rev. 7/30/02 E~EIIBTT G C, Notice of Cancellation All coverage as required herein sha11 not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior ~n~ritten notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent. D. Insurance Required 1. Commercial. General Liability :Insurance - for bodily injury (including death) and property damage which provides limits as follows: - a, Each occurrence _ - $1,000,000 b. General aggregate - $2,000,000 c. Products/Completed Operations aggregate - $2,000,000 d. Personallnjury - ~ $1,000,000 2. General liability coyerag}e shall include; a. Premises and Operations b. Products/Completed c. Personal Injury liability f. Severability of interest 3. General liabili coverage shall include the following endorsement, a copy of which shall be provided to the County: Additional Insured Endorsement, which shall read:. ``County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, .and the officers, agents, and employees of the County of Santa Clara; individually and collectively, as additional insureds." Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its 2 EXHIBIT B-2 (revised) (HCD-O) Rev. 7/30/02 EX1=I~BIT ~ officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. Public Entities may also be added ~to the additional insured endorsement as applicable and the contractor shall be notified by the contracting department of These requirements. 4: Automobile Liability Insurance For bodily injury '(including death) and property damage which provides total limits of not less than. one million dollars ($1,000,000) combined single limit per occurrence applicable fo. all owned, non-owned and hired vehicles. 5. Workers' Compensation and Employer's Liability Insurance a. Statutory California Workers' Compensation coverage including bro;ad form all-states coverage. b. Employer's Liability coverage for not less than one million dollars ($1,000,000)- per occurrence. E. Special Provisions The followizlg provisions shall apply to this Agreement: The foregoing requirements as to the types and limits of insurance coverage to.be maintained b'y the Contractor and any approval of said insurance by the County or ifs insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise .assumed by the Contractor pursuant to this Agreement, including but not limited to the provisions concerning indemnification. 2. The County acknowledges that some insurance requirements contained ill-this _--_--_-------_--------_-_Agreement_may_-b-e--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 s~~riting by tl~e County upon satisfactory evidence of financial capacity. Contractors obligation hereunder inay be satisfied in whole or in part by adequately funded .self-insurance programs or self-insurance retentions. 3. Should any of the work under this Agreement be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may insure subcontractors under its own policies. 4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above. EXHIBIT B-2 (revised) (HC17-0) .Rev. 7/30/02 EXHIBIT I-I URBAN COUNTY HO~EJSING REHABILITATION SERVICES 1. PROGRAM OBJECTIVE The County of Santa Clara and the City/Town will assist qualified low-income individuals of single-family, owner~occupied homes with housing rehabilitation services with the objective of improving the housing stock in each City/Town. Housing rehabilitation loans are offered. to low-income property owners to enable them to improve their properties, bring theirs up to current buildrng codes, address health and safety issues, and contribute to neighborhood preservation. The County is responsible for the-administration of the Housing Rehabilitation Program in conjunction with the City/Town. The County's administrative services 'include all aspects of loan origination, and on=going -loan servicing through the term of the loan, and the construction process for rehabilitating homes. 2. SERVICES PRO'VII)ED BY THE COUNTY a. Application Process 1) Review client (s) applications. Verify that the client owns .and occupies the .property and that the property is located in a participating City/Town. 2) Make a preliminary detei~nination regarding income eligibility in, accordance with the .most current income guidelines established by the Federal Department of Housing and Urban Development (T-IUD) for the County.. 3) Continue to process the application, order credit acid preliminary title reports, and . conduct a Minor Rehabilitation Environmental Review of the project in accordance with the National Environmental Protection Act (NEPA) requirements of the as applicable. - -- -- --~~---~-----' 4)- -Prepareof list of code deficiencies and preliminary cost estimate of project. b. Approval Pi ocess 1) Schedule and meet with the County Housing Loan Committee to discuss client's application, income status, and proposed/estimated scope of work. The County Housing Loan Committee will make the decision to approve or deny each project and set the loan terms for each project. 2) Advise clients of the final decision regarding the status of their applications and their, proposed loan terms. Current County of Santa Clara Housing Loan Committee Policies and Procedures are on file at the Office of Affordable Housing, and are available for review during business hours. County of Santa Clara FY 06/07 Office of Affordable Housing County/City Contract Communit}~ Development Block Crrant Program Eachibit H c. Construction Process 1) Inspect property to assist clients in assessing and deciding on needed property improvements to bring. the property into minimum Housing Quality Standards and conformance with applicable building and housing codes, 2) Prepare a "scope of work" detailing the proposed work items and cost estimates and review the scope of worlc with the client, 3) Invite licensed contractors to subrrrnit written bids based on the approved scope of work, Review bids with clients and assist clients in selecting the bidder. Verify that selected bidder complies with all insurance and licensing requirements. 4) Assist clients. in finalizing. owner's construction contract with contractor and authoz7ze commencement of work. Review construction work in progress for compliance with project specifications and conformity to all applicable codes for formal inspection by local. building officials. Authorize, with property owner's approval; change orders and progress payments to contractor for up.to 90% of contract price, , 5) Perform final inspections,- review mechanic lien releases, contractor's affidavit, applicable warranties or guarantee issues with client, and any manufacturer's informational materials. Authorize final payment (retention) to contractor 35 days after recordation of the ~?otice of Completion and verification that no unreleased mechanic's liens have been recorded. d. Loan Documents 1) Prepare all loan documents for signature and recordation as appropriate, including but not limited to: Deed of. Trust; Promissory Note; Notice of Right to Cancel; Truth in Lending Disclosure .Statement; Request for Notice of Default; Ownex Participation Agreement; Certification of Trust; Deeds ofReconveyance; and the project's Notice of Completion. 2) Set up a loan portfolio of all Housing Rehabilitation Program loans in the County loan database, monitor balances, and mail required financial statements. to client(s). e. Project Completion 1) Provide client with a Dousing Rehabilitation Program evaluation questionnaire for completion to return to the Office of Affordable Housing (OAH). The OAH will forward a copy.to the Cty/Town. Record the Notice of Completion and check for liens recorded .against the property, 2) Clarify any warranty or guarantee issues with the client. County of Santa Clara 2 FY 06/07 Office of Affordable Housing County/City Contract Community Development Block Grant Program Exhibit H f. Cn-going 1Vlonitoring 3. Maintain client file, ensure client's ongoing adherence to hazard insurance requirements, issue final letter to client documenting all rehabilitation costs, change orders, final loan amount, and servicing of the loan. g. Reporting 1) Provide the .City/Town with quarterly reports of the individual project loan expenses and fund balance in each City/Town Revolving Loan Fund account and .whenever the County requests a transfer of additional funds for new rehab loans. 2) Provide the CitylTown with written summary quarterly reports including financial data on project accomplishments. h. Discontinuance of Services If County is unable to :provide the services described in this.Exhibt H at any time during the-term of this Contract, City/Town and County agree to negotiate regarding a possible refund of fees paid by City/Town as referenced below. FEES F®R SERVICES a. Initial Administration Fee Upon execution of the CDB G County/City Contract the City/Town will remit an initial administration fee in the sum of 13 000 to the County Office of Affordable Housing to be applied towards housing rehabilitation administrative costs for two (2) new housing rehabilitation projects. b. Subsequent Administration Fee For each additional housing rehabilitation project completed; signified by a recorded Notice of Cornpletion, the sum of $6,500 will be paid to the County upon an invoice from the County to`the City/Tov,~n. c. Projects Not Completed For any project terminated by the client prior to the issuance of the Notice to Proceed (NTP) bythe County, a sum in the amount of X2,000 will be paid to the County upon an invoice from the County to the City/Town. Tf a project is terminated by the client after the NTP is issued, the City/Town shall remit the full project cost of $6,500 to the County. County of Santa Clara 3 FY 06/07 Office of Affordable Housing County/City Contract Community Development B lock Grant Program E3:tiibit H d. Loan Ser~~icing Fee For each existing housing. rehabilitation loan the County agrees. to accept as a transfer from the City/Town and perform ongoing loan servicing tl-~roughout the term of the loan, a sum in the amount. of 1100 will be paid to the County upon an invoice from the County to the City/Town. 4. ..FISCAL RESPONSIBILITIES a. County will maintain an individual revolving loan fund for each City/Town: b. All ``program income" generated from loan payoffs will be deposited, accounted for, and tracked individually for each .City/Town and will fund future Housing. Rehabilitation Program projects only in the respective City/Town. 5. SERVICES PROVIDED BY THE. CITY/TO'WN a. Distribute Housing Rehabilitation brochures or flyers to various locations frequented by the general public. b. - Publish an advertisement (eg. print, radio, television) at least four times annually informing the residents of the existence of the Housing Rehabilitation Program, its basic eligibility requirements, and how to contact the program staff. c. Refer prospective clients who appear to meet basic program criteria to the Housing Rehabilitation Program. d. Report results. of outreach efforts to.the County on a quarterly basis. e. Pay the County invoices with in thirty days of receipt. County of Santa Clara 4 FY 06/07 Office of Affordable Housing. County/City Contract Convnunity Development Block Crrant Program Exhibit H ~~~bi~ I . (To be completed by all Type I and Type If contractors} ~ This is a Type I service contract under the -Board of Supervisor's Resolution of Contracting Principles. If this box~is checked, please complete the following: Type I Category: __. _~ec~t~ar~ (t.Ce6 explanation: _ ~antract with ether taublic a~encieao: ^ -This is a Type II contract under the Board of Supervisor's Resolution on Contracting Principles. The contractor currently has other Gounty contracts for the same or similar -. services: ^ Yes ~] No If 'des is checked, please List and describe contracts, names of departments, types and dollar amounts. am authorized to complete this farm on behalf of Town of Los Gatos [name of contracting entity]. I have used due diligence in obtaining this. information,-and this information contained herein is complete and accurate. Contractor Signature.: Name: Greg Larson Title.: _ Town Manaaer ?ate: Updated: 10/4/2006 CONTRACT PROVISIONS. TO IMPLEMENT THE TERMS OP THE RESOL~fJTION RE: CONTRACTING PRINCIPLES [TYPE I CONTRACTS] This contract is a Type I service contract, subject to the Resolution of Contracting Principles adopted by„the. Board ofSupervisors on Qctober. 28, 1997, Accordingly, Contractor shall comply with all of the following: a. Contractor shall, during the term of this contract, comply with all applicable federal, state, and local rulea,~regulations, and laws. b. Contractor-shall maintain financial records aclegixate to show that County funds paid under the,contract were used for purposes consistent with the-terms of the contracts.. These records shall be. maintained during the term of this contract and for a period of three (3) years from termination of this contract or until all claims if any; have been resolved, whichever period is longer, or longer if otherwise required under other provisions of this contract. The failure of Contractor to comply with this Section or any portion thereof may be considered a material breach of this contract and may, at the option of the County, constitute grounds for the termination and/or non-renewal of the contract. Contractor shall be provided reasonable notice of any intended termination or non-renewal on the ground of non compliance with this Section, and the opportunity to respond and discuss the County's intended action. Attachment 2 ~e n ;~ ~' O !~Q .~ 1 r~r.tt 1 a 1"^t @~ •~ •Q ~ ~ U C'~ T- 4 ' ~ Y®Y~~~° ~a- ® p Y- m ~- a n c~ o a o rn ~ :~ t~ r; ca n c~ to c~ a ~S; c*7 ca tV M s~ C7 t7 tp c~ t~ dV ~ !~c M T 0 O O ~ a? ~ ~ V` ~ ~ ~ Q ~ ~ '~"' ~ r. ~ R~~i' F1 r- 47 W E°'~ 4 ~ ~ ~ ~ Q ~ e° N ~ ~ ~ A C7 ~ h; O ~ a Q O .~ ~ d M ~ Q O ~ M C 4 O D °cP` ~ ~ ~ ~ ~ ~ ~ p t ^^ Y Y"' M c~ C1 CJ C7 Ca C~ Q W ('7 d' CTJ l? C1 LQ 0M°' ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ti^ ~ , ~ ~ ~ yy } m ~ ~ ~7{ y ~(t Cf~ T ('] ~' 4... ~ qW. '~" y~",. ' CQ t~ ei ~^ r ~-- ~ es ~ ~ ~ ~ ~ ~ ~ ~ _. _ _ . ,~ U2 _... .~ ~ ~ ~ ~ .L ~ ~ ~ ~ o 1 /(t^6~~ T L ~ U ~ "6 ~(~ .. ~ ~ ~ • ~ ~ ~~ _ •.SZ ~ ~ ~ m ~I" ~ K! 9 0 Q ~ ~ p ~ . Q1 ' S!? 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