HomeMy WebLinkAbout93-037 Community Dev. Block Grant 93-037 COMMUNITY DEV. BLOCK GRANT
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CDBG CUUWTY/CITY CONTRACT
Contract No. 11-g_4-00
AGREEMENT
THIS AGREEMENT is made and entered into on May 18, 1995
by and between the COUNTY OF SANTA CLARA, a political subdivision
of the State of California (hereinafter "COUNTY") , and the
CITY/TOWN OF Cupertino
(hereinafter ("CITY") participating as a member of the County of
Santa Clara COMMUNITY DEVELOPMENT BLOCK GRANT (hereinafter
"CDBG") Joint Powers Agreement.
WITNESSETH
WHEREAS, COUNTY has received CDBG Entitlement Program funds
from the Department of Housing and Urban Development (hereinafter
HUD) as an entitlement jurisdiction pursuant to the provisions of
Title 1 of the Housing and Community Development Act of 1974, as
amended; and,
WHEREAS, COUNTY has agreed to the use by CITY, as a
subrecipient, of a portion of COUNTY'S CDBG entitlement for a
housing program to be operated within COUNTY and which shall
benefit low and very low income households;
NOW, THEREFORE, the parties agree as follows;
I. PROGRAM
COUNTY agrees to grant for fiscal year 1993/94 a portion
of its CDBG entitlement, and/or program income' as defined in 24
CFR 570 Subpart J, "Grant Administration" (570.504) , to the CITY,
as a subrecipient of the County being the sum of Finest H,10'dre,,
Thirty-Three Thousand One Hundred Thirty-0np nn17 rc and TwPnt�-Tw�Cettte
($833,131.22 ) for the purpose of reimbursing the
City for costs incurred to implement the housing program (herei-
nafter PROGRAM) . A lump sum figure is allocated for this con-
tract and the parties understand and agree that the allocation is
distributed by the COUNTY through reimbursing the CITY for al-
lowed expenses, and no lump sum distribution of CDBG funds is
made at the outset of this contract. Reimbursement for fiscal
year Igg3/gq shall not exceed the total sum of the begin-
ning fiscal year Cash Control Sheet (fiscal year CDBG allocation
of funds to CITY, and roll-over of unexpended CDBG funds from
previous years allocations to CITY. ) CITY is granted authority
to also expend funds for eligible CDBG Housing activities from
its approved rehabilitation program revolving loan fund account,
including accrued Program Income. Such authority is based on CITY
being in compliance with all Federal Rules and Regulations gov-
erning the CDBG PROGRAM, and the COUNTY CDBG Reallocation Guide-
lines.
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As a condition to this contract CITY shall submit Exhibit "A" •°
(Program Description) , Exhibit "B" (Proiect Work Plan) , Exhibit
"C" ( 1roposed Implementation Time Schedule) Exhibit "D" (Budget) ,
Exhibit "E" (Certifications) , Exhibit 'IF" (Assurances) , and
Exhibit "G" (Insurance) , or an equivalent acceptable format for
providing this information, for all allocated CITY projects
awarded funding during fiscal year 93/94 . The approved
versions of such submittals shall become a part of this Contract
by being attached hereto and by this reference incorporating such
submittals.
II. TEF2M
A. The term of this Agreement shall begin on 7/l/93 _ and
shall terminate on 6/30/94 _ unless
terminated earlier pursuant to Section V or Section VII of
this Agreement.
B. The term of expenditure for the grant amount provided for
herein shall begin on 7/l/93 and terminate
on the earliest of the following dates as set forth herein:
6/30/94 the date of the expenditure of the
total grant, and/or program income amount provided for
herein; upon the termination date established pursuant to
Section V or Section VII of this Agreement.
III. OBLIGATIONS OF CITY
A. Cit_Sha.11:
1. Provide COUNTY with written certification that the
following information will be on file at the CITY
offices, and will be subject to monitoring by HUD
and/or COUNTY HCD staff, or their representatives.
a. Names and addresses of the current CITY Manager
and CITY Council. members;
b. Copy of CITY'S approved Affirmative Action Plan;
and
C. Records of all CITY Council meetings dealing with
CDBG matters.
2 . CITY shall provide COUNTY with information and housing
objectives for the Urban County Comprehensive Housing
Affordability Strategy (CHAS) at the beginning of each
three (3) year Joint Powers Agreement.
B. Progtam• Performance by CITY. CITY shall :
1. Conduct the PROGRAM within Santa Clara County, for the
purpose of benefiting low and very low income
households.
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2 . File progressive reports with COUNTY on the type and
number of services rendered through the operation of
the PROGRAM and a description of the beneficiaries of
these services, which reports shall evaluate the manner
in which the PROGRAM is achieving its objectives and
goals as a participating non-entitlement city.
C. Fiscal Responsibilities of CITY. CITY shall:
1. Appoint and submit the name of the CITY managerial
staff who shall be responsible for the financial and
accounting CDBG activities of CITY, including the
receipt and disbursement of CITY CDBG funds. The COUNTY
shall immediately be notified in writing of the
appointment of a new fiscal agent and that agent's
name, and CITY will submit three (3) new signature
cards if applicable.
2 . Establish and maintain an accounting system that shall
be in conformance with generally accepted principles of
accounting. The accounting system shall be subject to
review and approval of COUNTY.
3 . Document all PROGRAM costs by maintaining records in
accordance with Section III, Paragraph D below.
4 . Submit to the COUNTY request for reimbursement, as
needed, supported by documentation as agreed to by CITY
and COUNTY.
5. Certify current and continuous insurance coverage of
CITY, subject to approval of COUNTY and in accordance
with requirements as outlined in Exhibit "G"
(Insurance) ; and obtain certificate of sufficient
insurance from all subrecipients which shall list CITY.
as additional insured.
6. Subparagraph C. 1) through 5) above are express
conditions precedent to disbursement of any COUNTY
funding and failure to comply with these conditions
may, at the discretion of COUNTY, result in the
suspension of funding or termination of specific
projects in non-compliance; or initiate the suspension
of funding or termination of this AGREEMENT as provided
for herein.
7 . CITiy is liable for repayment of all disallowed costs
and ineligible activities. Disallowed costs and ine' i-
gible activities may be identified through audits,
monitoring or others sources. CITY shall be required
to respond to any adverse findings which may lead to
disallowed costs, subject to provisions of OMB Circular
A-87, "Cost Principles for State and Local
Governments", and A-128, "Single Audits of State and
Local Governments". City shall be required to respond
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to any adverse findings which may lead to ineligible
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activities, subject to provisions of 24 CFR Part
570. 201-206 "Eligible Activities" and 24 CFR Part 570-
207 "Ineligible Activities".
D. Establishment and Maintenance of Records. CITY shall:
1. Maintain complete and accurate records of all its CDBG
transactions including, but not limited to, contracts,
invoices, time wards, cash receipts, vouchers, canceled
checks, bank statements, client statistical records,
personnel, property and all other pertinent records
sufficient to reflect properly:
a. All direct and indirect costs of whatever nature
claimed to have been incurred or anticipated to be
incurred to perform this Agreement or to operate
the PROGRAM; and
b. All other matters covered by this Agreement.
E. Preservation of Records. CITY shall preserve and make
available its records:
1. Until the expiration of five years from the date of
final payment to CITY under this Agreement; or
2 . For such longer period, if any as is required by
applicable law; or
3 . If this Agreement is completely or partially terminat-
ed, the records relating to the work terminated shall
be preserved and made available for a period of five
years from the date of termination.
F. Examination of Records; Facilities. At any time during
normal business hours, and as often as may be deemed reason-
ably necessary, CITY agrees that HUD and the COUNTY, and/or
any duly authorized representatives may until expiration of:
(a) five years after final payment is made pursuant to this
Agreement, (b) five years from the date of termination of
this Agreement, or (c) such longer period as may be pre-
scribed by law: have access to and the right to examine CITY
CDBG records and facilities, and the offices and facilities
of CITY'S subrecipients, as agreed to by subrecipient in
their agreement with city used in performance of thi::, Agree-
ment or the operation of the PROGRAM and all matters covered
by this Agreement. CITY also agrees that COUNTY or any duly
authorized representatives shall have the right to audit,
examim-, and make excerpts or transactions of and from, such
records and to make audits of all contracts and subcon-
tracts, invoices, payrolls, records of personnel, conditions
of employment, materials and all other data relating to the
PROGRAM and matters covered by this Agreement. CITY
will be notified in writing of intended audits. CITY will
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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 willj.
be required to respond in writing to the HCD Program Manager
to any audit findings, and have the responses .included in
the final audit report _ The cost of any such audit will be
borne by COUNTY.
G. Compliance with Law.. CITY staff shall become familiar and
comply with and require all its subcontractors, independent
contractors and employees, if any, to become familiar and
comply with all applicable Federal, State and local laws ,
ordinances, codes, Regulations and decrees including, but
not limited to, those Federal rules and Regulations, execu-
tive orders, and statutes identified in "F" ASSURANCES.
Specifically, CITY shall comply with the requirements of OMB
Circular No. A-87 , "Principles for Determining Costs Appli-
cable to Grants and Contracts with State, Local and Federal-
ly recognized Indian Tribal. Governments" , and OMB Circular
A-128 "Audits of State and !,,)cal Governments" .
In addition, CITY will comply with Federal Regulations as
cited in 24 CFR Part 570, Subpart J, and 24 CFR Part 85 , and
all other local, State or Federal laws applicable to this
PROGRAM.
IV. OBLIGATIONS OF COUNTY
A. Method of Payment. During the term of this Agreement,
COUNTY shall reimburse CITY for all allowable costs and
expenses incurred in connection with the PROGRAM, not to
exceed the total sum of the beginning fiscal year Cash
Control Record plus all Progra*n Income accrued during the
fiscal year. Reimbursement for eligible expenses will be
paid by COUNTY within thirty days (30) of the date the
reimbursement request is received by COUNTY HCD staff, under
the proviso that the CITY has complied with all PROGRAM
regulations, and contract conditions agreed to by CITY and
COUNTY.
Reimbursement may be held back, in part or in full, by
COUNTY, in the event of CITY ' S non-compliance to PROGRAM
regulations and conditions. Substantial non-compliance
includes, but is not limited to, incomplete documentation of
expenses, failure to submit adequate documentation of
PROGRAM progress as described in III, paragraph B. 2 , of this
Agreement, failure to provide and maintain an accounting
system that shall be in conformance with generally accepted
principles of accounting, or based on the suspension or
termination of the Grant to COUNTY made pursuant to the
Housing and Community Development Act of 1974 , as amended.
B. In the case of CITY substantial non-compliance prior to
exercising any recourse authorized herein, COUNTY shall
initiate the following procedure:
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1. Notify the CITY Coordinator in writing of the alleged
substantial non-compliance and request an immediate
meeting between CITY Coordinator and COUNTY HCD Program
Manager to resolve issue(s) . If issue(s) is(are) not
resolved satisfactorily within thirty (30) days, notify
CITY Manager in writing requesting an immediate meeting
between CITY Manager, CITY Coordinator and COUNTY HCD
Program Manager to resolve tr-s issue(s) .
2 . Determine if any portion of the reimbursement request
meets all eligible criteria, and if so, authorize
payment for the eligible portion of the reimbursement
request;
3 . Review the procedure to by followed under V. C. of this
Agreement (CONTRACT COMMPLIANCE, Corrective Action
Procedure) ; and
4 . If applicable, forward a written report to HUD' s
Regional Office detailing the substantial non-com-
pliance issues and the steps being instituted to cor-
rect performance, copy to the CITY Manager.
C. Compliance with Law. COUNTY shall become familiar and
comply with and require all its subcontractors and em-
ployees, if any, to become familiar and comply with all
applicable Federal, State and local laws, ordinances, codes,
regulations and decrees including, but not limited to, those
Federal rules and regulations, executive orders, and statues
identifie.-,i in "F" ASSURANCES. Specifically, COUNTY shall
comply with the requirements of OMB Circular No. A-87 ,
"Principles for Determining Costs Applicable to Grants and
Contracts with State, Local, Federally recognized Indian
Tribal Governments" , and OMB Circular A-128 "Audits of State
and Local Governments" .
In addtior3, COUNTY will comply with Federal. Regulations as
cited in 24 CPR Part 570, Subpart J, and 24 CFR Part 85, and
all other Local, State or Federal laws applicable :o this
PROGRAM.
V. CONTRACT COMPLIANCE
A. Monitoring and Evaluation of Services. Evaluation and
monitoring of the PROGRAM performance shall be the mutual
responsibility of both COUNTY and CITY, with the
understanding that HUD looks to COUNTY as the sole
responsible party for meeting PROGRAM requirements. CITY
shall furnish data, statements, records, information and
report1s as mutually agreed to by CITY and COUNTY as
necessary for COUNTY to monitor, review and evaluate the
performance of the PROGRAM and its components. COUNTY shall
have the right to request the services of an outside agent
to assist in any such evaluation. Such services shall be
paid for by COUNTY.
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B. Contract Noncompliance. Upon receipt by COUNTY of any
information that evidences a failure by CITY to comply with
any provision of this Agreement (24 CFR 85.43 "Enforcement")
COUNTY shall have the right to require corrective action to
enforce compliance with such provision. Areas of non-
compliance include but are not limited to:
1. If CITY knowingly shall have made any material
misrepresentation of any nature with respect to any
information or data furnished to COUNTY in connection
with the PROGRAM.
2 . If there is pending litigation with respect to the
performance by CITY of any of itF duties or obligations
under this Agreement which may materially jeopardize or
adversely affect the undertaking of or the carrying out
of the PROGRAM. The CITY and COUNTY may negotiate a
reinstatement of this Agreement following termination
or conclusion of such litigation.
3 . If CITY shall have taken any action pertaining to
the PROGRAM which required COUNTY approval without
having obtained such approval.
4 . If CITY is in default under any provision of this
Agreement.
5. If CITY makes improper use of COUNTY funds.
6. If CITY fails to meet all provisions of the COUNTY
CDBG Reallocation Guidelines, or Joint Powers
Agreement.
C. Corrective Action Procedure. Once non-compliance is
established the following procedure shall be initiated:
1. COUNTY HCD Program Manager and CITY Manager shall
negotiate a time frame and course of action for
correcting the non-compliance;
2 . Under this Agreement, CITY shall provide COUNTY with a
written plan and time frame for correcting the non-
compliance issue (s) . Such plan shall be submitted by
CITY to COUNTY within thirty (30) days of the initial
non-compliance meeting between CITY and COUNTY.
3. CITY must initiate the corrective action
procedure within sixty (60) days of the initial non-
compliance meeting between the COUNTY HCD Program
Manager and the CITY Coordinator (COUNTY, at their
discretion, may extend this time line for extenuating
circumstances) ;
4 . COUNTY shall have the right to require the presence of
CITY officers at any hearing or meeting called for the
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purpose of considering corrective action; and '
5. CITY has the right to appeal all findings of non-
compliance, and subsequent corrective action, with bath
the COUNTi Board of Supervisors and HUD.
D. Termination for Cause. Notwithstanding anything to the
contrary contained in the foregoing, COUNTY may terminate or
suspend this Agreement by written notice to CITY if:
1. The non- compliance issue(s) have not been addressed
and resolved within the aforementioned corrective
action plan time period;
2 . If CITY is in bankruptcy or receivership;
3 . If a member of CITY'S management is duly found to have
committed wrongful acts in connection with the CDBG
program (termination or suspension shall be applied
only to that portion of the CDBG program for which the
person who committed wrongful act is responsible) ;
4 . If there is reliable evidence that CITY is unable to
operate the PROGRAM.
Suspension of payment or termination, under this section
shall be effective on the date notice of termination is
received by CITY, or such later date as may be specified in
the notice.
VI. PROGRAM COORDINATION
A. COUNTY. The County Executive shall assign a single PROGRAM
MANAGER for COUNTY who shall render overall supervision of
the prcgress and performance of this Agreement by COUNTY.
All services agreed to be performed by COUNTY shall be under
the overall direction of the PROGRAM MANAGER.
B. CITY. As of the date hereof, CITY has designated
ye.ro L,i i to serve as CITY
CDBG Program Coordinator, and CITY MANAGER
(or assignee approved by the
CITY Council) to assume overall responsibility for the
progress and execution of this Agreement. The COUNTY shall
be immediately notified in writing of the appointment of a
new CITY CDBG Program Coordinator, or a new CITY Manager (or
assignee approved by the CITY Council) .
C. NOTICES. All notices or other correspondence required or
contemplated by this Agreement shall be sent to the parties
at the following addresses:
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COUNTY Housing and Community Development Program
c/o Charles Chew, HCD Program Manager
1735 North First Street, Suite 265
San Jose, CA 95112
CITY C t fv off- Cu.2er+; no
Name 4f CITY
i 0a cc Torre Ave . Cuter no 9504
Address of CITY
Name of CITY MANAGER
All notices shall either be hand delivered or sent by United
States mail, registered or certified, postage prepaid. Notices
given in such a manner shall be deemed received when hand deliv-
ered or seventy-two (72) hours after deposit in the United States
mail. Any party may change his or her address for the purpose of
this section by giving five days written notice of such change to
the other party in the manner provided in this section.
VII. TERMINATION
A. In addition to the COUNTY'S right to terminate for cause set
forth in Section V, either COUNTY or CITY may suspend or
terminate this Agreement as provided for in 24 CFR 570,
at Subpart J "Grant Administration", and/or 24 CFR 85.44
"Termination for Convenience" . Provisions of the Realloca-
tion Guidelines will apply, but may be adjusted if termina-
tion is for cause.
B. Upon termination, either under this Section VII or Section
V, CITY shall:
1. be paid for all documented services actually rendered
to COUNTY to the date of such termination; provided,
however, COUNTY shall be obligated to compensate CITY
only for that portion of CITY 'S services which are
allowable costs and expenses as determined by an audit
or other monitoring device;
2 . turn over to COUNTY immediately any and all copies of
studies, reports and other data, whether or not
completed, prepared by CITY or its subcontractors or
subrecipients, if any, in connection with this
Agreement. Such materials shall become property of
COUNTY. CITY, however, shall not be liable for COUNTY 'S
use of completed documents if used for other than the
s-ervices contemplated by -his Agreement; and
3 . transfer to the COUNTY any CDBG funds on hand and any
accounts receivable attributable to the use of CDBG
funds. All assets acquired with CDBG funds shall be
returned to the COUNTY unless otherwise negotiated by
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separate agreement per the provisions of the Santa
Clara County CDBG REALLOCATION GUIDELINES.
C. Upon termination of this Agreement, CITY shall immediately
provide COUNTY access to and copies of (if requested) all
documents, records, payroll, minutes of meetings,
correspondence and all other data pertaining to the CDBG
entitlement fund granted to CITY pursuant to this Agreement.
VIll. USE AND DISPOSAL OF REAL OR PERSONAL PROPERTY
CITY and COUNTY will be accountable for all applicable Federal
Regulations as detailed by 24 CFR Part 570, Subpart J, i.e.
570. 500 (Definitions) , 570.503 (Agreements with Subrecipients) ,
570. 504 (Program Income) , and 570.505 (Use of Real Property) with
regards to the use and disposal of Real or Personal Property
purchased in whole, or in part, with CDBG funds.
A. In addition, 24 CFR Part 85 (The Common Rule) includes
definitions under 24 CFR Part 85.3, however. Common Rule
85. 31 (Real Property) DOES NOT APPLY TO CDBC _ACTIVITIES.
The following definitions will apply to this Agreement:
B. Definitions. 24 CFR, Part 85 (Common Rule) 85.3
1. Equipment means tangible, non-expendable, personal
property having a useful life of more than one year and
an acquisition cost of $5,000 or more per unit.
2. Title as defined in detail in 24 CFR, Part 85.32 (a) .
3 . Use as defined in detail in 24 CFR, Part 85.32 (c) (1) .
4 . Supplies as defined in detail. in 24 CFR, Part 85. 33 .
5. Procurement. Use and Disposition of Real Property as
defined in detail by 24 CFR, Part 570. 503 (Agreements
With Subrecipients) , 570. 505 (Use of Real Property) ,
and 570. 504 (Program Income) .
IX. PROGRAM INCOME
Income generated by the PROGRAM shall be regulated by all
provisions of 24 CFR 570 Subpart J 11Grant Administration" , and
the Santa Clara County CDBG REALLOCATION GUIDELINES. (C. 1. a.-
c. )
X. INDEPENDENT CONTRACTOR
This is an Agreement by and between independent contractors and
is not intended and shall not be construed to create the
relationship of agent, servant, employee, partnership, joint
venture or association between CITY and COUNTY. CITY, including
its officers, employees, agents, independent contractors or
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subcontractors, shall not have any claim under this Agreement or
otherwise against COUNTY for any Social Security, Worker's
Cumpensation, or employee benefits extended to employees of
COUNTY.
XI. ASSIGNABILITY
A. This Agreement may not be assumed nor assigned to another
CITY, CORPORATION, PERSON, PARTNERSHIP or any other entity
without the prior written approval of COUNTY.
B. None of the work or services to be performed hereunder shall
be assigned, delegated or subcontracted to third parties
without the prior written approval of COUNTY. Copies of all
third party contracts shall be submitted to COUNTY at least
ten days prior to the proposed effective date. In the event
COUNTY approves of any such assignment, delegation or sub-
contract, the subcontractors, assignees or delegates shall
be deemed to be employees of CITY, and CITY shall be
responsible for their performance and any liabilities
attaching to their actions or omissions. The use of the
word "employees" in this paragraph is limited solely to
activities by those persons described herein, related to the
management and potential repayment of the program funds
provided for in the Contract. The use of the term here does
not create liability for personal injuries, worker 's
compensation or other forms of liability, obligation or
responsibility which flow from employee/employer
relationships.
XII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION
COUNTY and CITY agree to maintain the confidentiality of any
information regarding applicants for services offered by the
PROGRAM pursuant to this Agreement or their immediate families
which may be obtained through application forms, interviews,
tests, reports from public agencies or counselors, or any other
source. Without the written permission of the applicant, such
information shall be divulged only if permitted by law or as
necessary for purposes related to the performance or evaluation
of the services and work to be provided pursuant to this Agree-
ment, and then only to persons having responsibilities under this
Agreement, including those furnishing services under the PROGRAM
through approved subcontracts.
XIII. HOLD HARMLESS
CITY shall indemnify and hold harmless, the COUNTY, its employees
and elected officials, boards and commissions, with respect to
any damages, including attorney's fees and court costs, ari:-ing
from:
1) any negligent act or omission, or willful misconduct
arising out of any work or service performed by CITY,
its officers, employees, agents or subcontractors under
the PROGRAM or this Agreement, including but not limit-
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ed to the evaluation and .monitoring of subrecipients '
FROGRAM performance.
COUNTY shall indemnify, defend and hold harmless, the CITY, its
employees, officers, officials, boards and commissions, and
agents, with respect to any claims, causes of action, or damages,
including attorney's fees and court costs, arising from:
1) the failure of COUNTY to reimburse CITY for eligible
costs as defined by HUD and this Agreement; and
2) any negligent act or omission, or willful misconduct
arising out of any work or service performed by COUNTY,
its officers, employees, agents or subcontractors under
the PROGRAM or this Agreement.
All additional provisions set forth in Exhibits "A" - "G" , e.g.
Insurance "G" , shall be required by CITY of all its program re-
cipients.
XIV. WAIVER OF RIGHTS AND REMEDIES
In no event shall any payment by COUNTY constitute or be
construed to be a waiver by COUNTY of any breach of the covenants
or conditions of ':his Agreement or any default which may then
exist on the part of CITY, and the making of any such payment
while any such breach or default shall exist shall in no way
impair or preAudice any right or remedy available to COUNTY with
respect tra ,surch breach.. or-d Adlt. In no event shall payment to
CITY by COUNTY in any way constitute a waiver by COUNTY of its
rights to recover from CITY the amount of money paid to CITY on
any item which is not eligible for payment under the PROGRAM or
this Agreement.
XV. NONDISCRIMINATION
In connection with the performance of this Agreement, CITY
assures that no person shall be subject to discrimination because
of sex, race, religion, ethnic background, sexual preference,
age, handicapped status, or union activity.
XVI. AMENDMENTS
Amendments to the terms or conditions of this Agreement shall be
requested in writing by the party desiring such amendments, and
any such amendment shall be effective only upon the mutual.
Agreement in writing of the parties hereto.
XVII. INTEGRATED DOCUMENT
This Agreement, in conjunction with the Santa Clara County CDBG
Joint. Powers Agreement, contains the entire Agreement between
COUNTY and CITY with respect to the subject matter hereof. No
written or oral Agreements, other than the Santa Clara County
CDBG Joint Powers Agreement, with any officer, agent or employee
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of COUNTY prior to execution of this Agreement shall affect or
modify any of the terms of obligations contained in any documents
comprising this Agreement.
XVIII. ATTORNEY'S FEES
In the event it becomes necessary for any party to obtain legal
counsel to enforce the terms of this contract, the prevailing
party shall be entitled to recover reasonable attorney' s fees and
costs.
XIX. MISCELLANEOUS
A . The captions of this Agreement are for convenience of
reference only, and the words contained therein shall in no
way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of
this Agreement.
B. All exhibits attached hereto and re`erred to in this Agree-
ment are incorporated herein by this reference as if set
forth fully herein.
IN WITNESS WHEREOF, the parties have executed this Agreement in
duplicate the day and year above written.
CO NTY OF ANTA CLARA
/Chairp rson, B d of Supervisors
ATTEST: Phyllis A. PerezFz
„
Clerk, Board of Supervisors
CITY
APPROVED AS TO FORM AND LEGALITY:
LESLIE ORTA
Deputy County Counsel
APPROVED AS O ORM:
-City t orney
contractsl0/92.city.con
revised 8/20/93
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EXHIBIT E
CO!-NUNITY DEVELOPMENT BLOCK GRANT
GRANTEE CERTIFICATIONS
In accordance with the Housing and Community Development Act of 1974 , as
amended, and with 24 CFR 570 . 303 of the Community Development Blocti; Grant
regulations, the grantee certifies that:
(a) It possesses legal authority to make a grant submission and to
execute a community development and housing program;
(b) Its governing body has duly adopted or passed as an official act
a resolution, motion or similar action authorizing the person
identified as the official representative of the grantee to sLht
the final statement and amendments thereto and all understandi:cs
and assurances contained therein, and directing and authorizir.c
the person identified as the official representative of the cr_n ee
to act in connection with the submission of the final statement and
to provide such additional information as may be required;
(c) Prior to submission of its final statement to HUD, the grantee has:
1. Met the citizen participation requirements of 5570. 301 (b) ;
2 . Prepared its final statement of comunity development
objectives and projected use of funds in accordance with.
5570 . 301(c) and made the final statement available to the
public;
(d) It is following a detailed citizen participation plan which:
1 . Provides for and encourages citizen participation, with
particular emphasis on participation by persons of low ana
moderate income who are residents of slum and blighted areas
and of areas in which funds are proposed to be used, and
provides for participation of residents in low and moderate
income neighborhoods as defined by the local jurisdiction;
2 . Provides citizens with reasonable and timely access to local
meetings, information, and records relating to the grantee ' s
proposed use of funds, as required by the regulations of t:.e
Secretary, and relating to the actual use of funds under the
Act;
3. Provides for technical assistance to groups representative of
persons of low and moderate income that request such assistance
in developing proposals with the level and type of assistance
to be determined by the grantee;
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4 . Provides for public hearings to obtain citizen views and t
respond to proposals and questions at all stages of the
community develonment program, including at least the
development of needs , the review of proposed activities , a-:_`
review of program performance, which hearings shall be he!--:
after_ adequate notice , at times and locations convenient to
potential or actual beneficiaries , and. with accommodation
the handicapped;
5 . Provides for a timely written answer to written complains a-dd
grievances , within 15 working days where practicable ; a_nc
6 . Identifies how the needs of non-English speaking residents . ill
be net in the case of public hearings where a significant ,.•_per
of non-English sneaking residents can be reasonably expecZec_' to
participate;
(e) The grant will be conducted and adl-nir.ister ed in compliance with :
1 . Title VI of the Civil Rights Act of 1964 (Public Law 88-3S2 ,
42 U.S .C. 52000d et sea . ) ; and
2 . The Fair Housing Act ( 42 U.S .C. 3601-20) ;
(f) It will affirmatively further fair housing;
(g) It has developed its final statement of projected use of funds so as
to give maximum feasible priority to activities which benefit low and
moderate income families or aid in the prevention or elimination of
slums or blight; (the final statement of projected use of funds �?y
also include activities which the grantee certifies are designee to
meet other community development needs having a particular urce::cv
because existing conditions pose a serious and immediate threat to
the health or welfare of the community, and other financial reso•.:rces
are not available) ; except that the aggregate use of CDBG funds
received under section 106 of the Act, and if applicable, under
section 108 of the Act, during the 1993/94 program year(s) (a
period specified by the grantee consisting of one, two, or three
consecutive years) , shall principally benefit persons of low anc
moderate income in a wanner that ensures that not less than 70 percent
of such funds are used for activities that benefit such persons curing
such period;
(h) It has developed a community development plan, for the period
specified,: ip paragraph (g) above, that identifies community
development and housing needs and specifies both short and Long,-term
community development objectives that have been developed in
accordance with the primary objective and requirements of the rl:ct;
12/91
4 '
-3-
( i) It is _following a current comprehensive housing affordability
stra,�egy (CFA5) which has been approved by UD pursuant to S57G . '06
all"! Part 91, and that any housing activities to be assisted w
CDEG funds will he consistent with the CH S ;
(j ) it will not attempt to recover, any capital costs of public
Improvements assisted in whole or in part with funds provided us er
section 106 of 'the Act or with amounts resulting from a guaran_ee
under section 108 of the Act 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, unless:
1 . Funds received un er section 106 of the Act are used to pz - the
proportion of such fee or assessment that relates to the c��itel
costs of such public improvements that are financed from re e-ue
sources other than under Title I of the Act; or
2 . For purposes of assessing any amount against properties ow .ed
and occupied by persons of moderate income, the grantee
certifies to the Secretary that it lacks sufficient funds
received under section 106 of the Act to comply with the
requirements of subparagraph ( 1) above;
(k) Its notification, inspection, testing and abatement procedures
concerning lead-based paint will comply with 5570. 608 ;
(1) It will comply with the acquisition and relocation requirements cf the
Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as ariended, as required under S570. 606 (b) and Federal
implementing regulations ; and it is following a residential
antidisplace.ment and relocation assistance plan as required under
section 104 (d) of the Act and in S570.606 (c) ; and it will comply with
the relocation requirements of 5570. 606 (d) governing optional
relocation assistance under section 105(a) ( 11) of the Act;
(m) It has adopted and is enforcing:
1 . A policy prohibiting the use of excessive force by law
enforcement agencies within its jurisdiction against
any individuals engaged in non-violent civil rights
demonstrations; and
2 . A policy of enforcing applicable State ana local laws against
physicivlly barring entrance to or exit from a facility or
location which is the subject of such non-violent civil rights
demonstrations within its jurisdiction;
12!911
-4-
(n) To the best of its knowledge and belief :
I . No Federal appropriated funds have been paid or will be caic,
by or on behalf of it, to any person. for influencing or
attempting to influence an officer or employee of any acenc.,
a Member of Congress, an officer or employee of Congress , cr an
employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into e: an,,,-
cooperative agreement, and the extension, continuation., renewal,
amendment, or modification of any Federal contract, grant, _can,
or cooperative agreement;
2 . If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or at e_.ptin::;
to influence an officer or employee of any agency, a Me ^e_ of
Congress, an officer or employee of. Congress, or an em-olov ee of
a Member of Congress in connection with this Federal ccntracz,
grant, loan, or cooperative agreement, it will complete an-
submit Standard Form-LLL, "Disclosure Form to Report Lob`cvi- c, "
in accordance with its instructions; and r
3 . It will reaui.re that the language of paragraph (n) of
this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly;
(o) It will or will continue to provide a drug-free workplace by:
I . Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use
of a controlled substance is prohibited in the grantee ' s
workplace and specifying the actions that will be taken
against employees for violation of such prohibition;
2 . Establishing an ongoing drug-free awareness program to info=.
employees about -
(a) The dangers of drug abuse in the workplace;
(b) The grantee ' s policy of maintaining a drug-free wor'.•:olace;
(c) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(d) The penalties that may be imposed upon employees fcr drug
abuse violations occurring in the workplace;
12/91
-S-
3 . Makina it a requirement that each employee to be engaaec _.. te
performance of the grant be given a copy of the stateme^.t
required by paragraph 1;
4 . Notifying the employee in the state:rent required by parac:aJ`. 1
that, as a condition of employment a^der the grant, the e-.nlo ee
will - r
(a) Abide by the terms of the statement; and
(b) Notify the employer in writinc of his or her convic:ia=: for
a violation of a crimirial drug statute occurring in t--e
workplace no later than five calendar days after suc:-
conviction;
5 . Notifying the agency in writing, within ten calendar days a`_tnr
receiving notice under subparagraph 4 (b) from an employee c_
otherwise receiving actual notice of such conviction. p lc-°ers
of convicted employees must provide notice, includina position
title, to every grant officer or other designee on whose cant
activity the convicted employee was working, unless the Femme=al
agency has designated a central point for the receipt of such
notices . Notice shall include the identification number(s) -
of each affected grant;
6 . Taking one of the following actions, within 30 calendar days of
receiving notice under subparagraph 4 (b) , with respect to any
employee who _s so convicted -
(a) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with
the requirements of the Rehabilitation P.ct of 1973 , as
amended; or
(b) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved
for such purposes by a Federal, State, or local health ,
law enforcement, or other appropriate agency;
7 . Making a good faith effort to continue to maintain a dr-I.g-free
workplace through implementation of paragraphs 1, 2, 3 , 4 , 5
and 6 .
12/91
_6_
S. The grantee may insert in the space pro%ided below the site(s)
for the performance of work done in connection with the specific
grant :
Place of Performance (Street address, city, county, state,
zip code)
Check _ if there are workplaces on file that are not
identified here; and
(p) It will comply with the other provisions of. the Act and with other
applicable laws.
Signa gate
D.e / h/4 u�I�
Titl ^w`�`
12/91
i
APPENDIX TO CDBG CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREEE WORKPLACE REQUIREMENTS:
A. Lobbvinq Certification - Paragraph n
This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequic_.te
for making or entering into this transaction imposed by secticn
1352 , title 31, U.S . Code. Any person who fails to file the
required certification shall be subject to a civil penalty of rot
less than $10, 000 and not more than $100, 000 for each such
failure.
B. Drua-Free W7a7-kplace Certification - Paracranh o
1 . By signing and/or submitting this application or grant
agreement, the grantee is providinc the certification
set out in paragraph (o) .
2 . The certification set out in paragraph (o) is a material
representation of fact upon which reliance is placed when
the agency awards the grant. If it is later determined that
the grantee knowingly 'rendered a false certification, or
otherwise violates the requirements of the Drug-Free
Workplace Act, HUD, in addition to any other remedies
available to the Federal Government, may take action
authorized under the Drug-Free Workplace Act.
3 . For grantees other than individuals, Alternate I
applies. (This is the information to which entitlement
grantees certify) .
4 . For grantees who are individuals, Alternate II applies.
(Not applicable to CDBG Entitlement grantees. )
5 . Workplaces under grants, for grantees other than
individuals, need not be identified on the
certification. If known, they may be identified in the
grant application. If the grantee does not identify
the workplaces at the time of application, or upon
award, it 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 .
b . 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 ) .
7 . If the workplace identified to the agency changes
during the performance of the grant, the grantee shall
inform the agency of the change(s) , if it previously
identified the workplaces in question (see paragraph
five) .
8 . Definitions of terms in the Nonprocuremen"L: 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.8121 and as further defined by regulation (21
CFR 1308 . 11 through 1308 . 15 ) ;
"Conviction" means a finding of guilt (including a plea
of nolo contendre) or imposition of sentence, or both,
by any judicial body charged with the responsibility to
determine violations of the Federal or State criminal
drug statutes;
"Criminal drug statute" means a Federal or non-Federal
criminal statute involving the manufacture,
distribution, dispensing, use, or possession, of any
controlled substance;
"Employee" means the employee of a grantee directly
engaged in the performance of work under a grant,
including: (i) All "direct charge" employees; (ii) all
"indirect charge" employees unless their impact or
involvement is insignificant to the performance of the
grant; and (iii) temporary personnel and consultants
who are directly engaged in the performance of work
under the grant and who are not on the grantee' s
payroll. This definition does not include workers not
on the payroll of the grantee (e.g. , volunteers, even
if used to meet a matching requirement; consultants or
independent contractors not on the grantee' s payroll ;
or employees of subrecipients or subcontractors in
covered workplaces) .
EXHIBIT F
ASSURANCES. CITY hereby assures and certifies that it will
comply with all regulations, policies, guidelines and
requirements applicable to the acceptance and use of Federal
funds for this Federally-assisted program. Specifically CITY
gives assurances and certifies with respect to the PROGRAM that
it is in compliance with the following Regulations as defined by
24 CFR Part 570, Subpart J; 24 CFR Part 570, Subpart K; and will
be conducted and administered in conformity with "Public Law
88-352 and Public Law 90-284 . 11 :
1. 570. 601 Public Lass 88-352 and Public Law 90-284 ;
affirmatively furthering fair housing; Executive Order
11063 , as amended by Executive Order 12259 addresses
discrimination. HUD regulations implementing Executive
order 11063 are contained in 24 CFR, Part 107 .
2 . 570. 602 Section 109 of the Act adc.--esses
discrimination.
3 . 570. 603 Labor. Standards.
4 . 570. 604 Environmental Standards.
5. 570. 605 National Flood Insurance Program.
6. 570. 606 Relocation, Displacement and Acquisition.
7. 570. 607 Employment and Contracting Opportunities.
8 . 570. 608 Lead Erased Paint.
9 . 570. 609 Use of Debarred, Suspended, or Ineligible
Contractors or Subrecipients.
10. 570. 610 Uniform Administrative Requirements and Cost
Principles. The COUNTY, its Subrecipients, agencies or
instrumentalities, shall comply with the policies,
guidelines, and requirements of 24 CFR, Part 85, and
OMB Circulars A-87 (Cost Principles for State and Local
Governments) , A-110 (Grants and Agreements with Non-
Profit Organizations) , A-122 (Cost Principles for Non-
Profits) , and A-128 (Audits of State and Local
Governments-implemented at 24 CFR Part 24) , as
applicable, as they relate to the acceptance and use of
Federal funds under this part. The applicable sections
of 24 CFR Part 85 and OMB Circular A-100 are set forth
at 570. 502.
i
11. 570. 611 Conflict of Interest.
12 . 570. 612 Executive Order 12372 allows States to
establish its own process for review and comment on
proposed Federal financial assistance programs,
specifically the use of CDBG funds for the construction
or planning of water or sewer facilities.
EXHIBIT 'G'
BASIC INSURANCE REQUIREMENTS FOR
NON-CONSTRUCTION/NON-PROFESSIONAL SERVICES CONTRACTS
Indemnity
The Contractor shall indemnify, defend, and hold harmless the
County of Santa Clara ( hereinafter "County" ) , its officers ,
agents and employees from any loss, liability, claim, injury or
damage arising out of, or in connection with performance of this
Agreement by Contractor and/or its agents , employees or sub-
contractors, excepting only loss, injury or damage caused solely
by the acts or omissions of personnel employed by the County. It
is the intent of the parties to this Agreement to provide the
broadest possible coverage for the County. The Contractor shall
reimburse the County for all costs, attorneys ' fees, expenses and
liabilities incurred with respect to any litigation in which the
Contractor is obligated to indemnify, defend and hold harmless
the County under this Agreement.
Insurance
Without limiting the Contractor ' s indemnification of the County,
the Contractor shall provide and maintain at its own expense,
during the term of this Agreement, or as may be further required
herein, the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Agreement, the Contractor
shall provide on the County' s own form or a form approved by
the County's Insurance Manage: an original plus one copy of
a Certificate of Insurance certifying that coverage as
required herein has been obtained and remains in force for
the period required by the Agreement. The County's Special
Endorsement form shall accompany the certificate .
Individual endorsements executed by the insurance carrier
may be substituted for the County's Special Endorsement form
if they provide the coverage as required. In addition, a
certified copy of the policy or policies shall be provided
by the Contractor upon request.
This verification of coverage shall be sent to the address
as shown on the County' s Certificate of Insurance form. The
Contractor shall not receive a Notice to Proceed with the
work under the Agreement until it has obtained all insurance
required and such insurance has been approved by the County.
This approval of insurance shall neither relieve nor
decrease the liability of the Contractor .
B. Notice of Cancellation of Reduction of Coverage
All policies shall contain a special provision for thirty
(30 ) days prior written notice of any cancellation or
reduction in coverage to be sent to the Clerk of the Board
of Supervisors, 70 W. Hedding Street, San Jose, CA 95110 ,
or to the address shown on the Certificate of Insurance.
C. Qualifyinq Insurers
All policies shall be issued by companies which hold a
current policy holder ' s alphabetic and financial size
category rating of not less than A XIII , according to the
current Best' s Key Rating Guide, unless otherwise approved
by the County's Insurance Manager .
D. Insurance Required
1. C�rehensive General Liability Insurance - for bodily
injury (including death) and property damage which
provides limits of not less than one million dollars
( $ 1 , 000 , 000 ) combined single limit ( CSL ) per
occurrence.
OR
2. Commercial General Liabilij�y Insurance - for bodily
. injury ( including death) and property damage which
provides limits as follows:
a. General limit per occurrence - $1,000 ,000
b. General limit aggregate - $2,000 ,000
C. Products/Completed Operations- $1,000 ,000 aggregate
d. Personal Injury limit - $1,000 ,000
If coverage is provided under a Commercial General
Liability Insurance form, the carrier shall provide the
County Insurance Manager with a quarterly report of the
amount of aggregate limits expended to that date. If
over 50% of the aggregate limits have been paid or
reserved, the County may require additional coverage to
be purchased by the Contractor to restore the required
limits.
3. For either type insurance, coverage shall include:
a. Premises and Operations
b. Products/Completed Operations with limits of one
million dollars ($1 , 000 , 000) per occurrence/
aggregate to be maintained for two ( 2 ) years
following acceptance of the work by the County.
2
C. Contractual Liability expressly including
liability assumed under this Agreement
d. Personal Injury liability with deletion of
exclusions for :
1) liability assumed under contract, and
2) suits brought by employees
e. Independent Contractors` liability
f. Severability of Interest clause providing that the
coverage applies separately to each insured except
with respect to the limits of liability.
4. For either type insurance, coverage shall include the
following endorsements cpies of which�- shall be
provided to the County_: `�o -- - --- --___
a. Additional Insured Endorsement:
Such insurance as is afforded by this policy shall
also apply to the County of Santa Clara , and
members of the Board of Supervisors of the County
of Santa Clara , and the officers , agents and
employees of the County of Santa Clara ,
individually and collectively , as additional
insureds.
b. Primary Insurance Endorsement:
Such insurance as is afforded by the additional
insured endorsement shall apply as primary
insurance, and other insurance maintained by the
County of Santa Clara, its officers, agents, and
employees shall be excess only and not
contributing with insurance provided under this
policy.
C. Notice of Cancellation or Change of Coverage
Endorsement:
This policy may not be cancelled nor the coverage
reduced by the Company without 30 days prior
written notice of such cancellation or reduction
in coverage to the County of Santa Clara at the
address shown on the Certificate of Insurance.
d. Contractual Liability Endorsement:
This policy shall apply to liability assumed by
the insured under written contract with the County
of Santa Clara.
e. Personal Injury Endorsement:
The provisions of this policy shall provide
Personal Injury coverage, including deletion of
the standard exclusions for liability assumed
under contract and suits brought by employees.
f. Severability of Interest Endorsement:
The insurance afforded by this policy shall apply
separately to each insured who is seeking coverage
or against whom a claim is made or a suit is
brought, except with respect to the Company ' s
limit of liability.
5. Claims Made Coverage - If coverage is written on a
claims made basis, the Certificate of Insurance shall
clearly skate so and evidence of coverage extending
from the date of execution of this Agreement, or from
the date of the first performance of services ,
whichever date is earlier , until three (3) years from
the date the work or services are accepted as completed
shall be included . The following additional
information shall be provides,:
a. Defense coverage included in the limit (Yes or No)
b. Aggregate limitation
- General aggregate
- Products/Completed Operations aggregate
C. Retroactive date, which shall be no later than the
date of execution of the Agreement or the date of
first performance of services, whichever date is
earlier
d. Length of time for extended reporting period
Limitations on invoking reporting period ( if other
than non-payment)
f. Is "Notice of Circumstances" allowed (Yes or No)
6. Comprehensive Automobile/Aircraft/Watercraft Liability
Insurance for bodily injury ( including death) and
property damage which provides total limits of not less
than one million dollars ($1,000 ,000) combined single
limit per occurrence applicable to all owned, non-owned
and hired vehicles/aircraft/watercraft. This coverage
may be waived in writing by County if it determines
there is no significant exposure to these risks.
7 . Worker ' s Cc sensation and EEmployer 's Liabili� Insurance
for . - -k- -- - -
a. Statutory California Workers ' Compensation
coverage including a broad form all-states
endorsement.
b. Employer ' s Liability coverage for not less than
one million dollars ($1,000 ,000) per occurrence
for all employees engaged in services or
operations under this Agreement.
C. Inclusion of the County and its governing
board(s) , officers, representatives, agents, and
employees as additional insureds, or a waiver of
subrogation.
B . Special Provisions
The following provisions shall apply to this Agreement:
a. The foregoing requirements as to the types and
limits of insurance coverage to be maintained by
the Contractor and any approval of said insurance
by the County or its insurance consultant(s) are
not intended to and shall not in any manner limit
or qualify the liabilities and obligations
otherwise assumed by the Contractor pursuant to
this Agreement, including but not limited to the
provisions concerning indemnification.
b. The County acknowledges that some insurance
requirements contained in this Agreement may be
fulfilled by self-insurance on the part of the
Contractor. However, this shall not in any way
limit liabilities assumed by the Contractor under
this Agreement . Any self-insurance shall be
approved in writing by the County.
C. Should any of the work under this Agreement be
sublet, the Contractor shall require each of its
subcontractors of any tier to provide the
aforementioned coverages, or Contractor may insure
subcontractors under its own policies.
d. The County reserves the right to withhold payments
to the Contractor in the event of material
noncompliance with the insurance requirements
outlined above.
5
Bond Requirements
A. Contract Bonds - Prior to execution of the Contract,
Contractor shall file with the County on the approved
forms, the two surety bonds in the amounts and for the
purposes noted below, duly executed by a reputable
surety company satisfactory to County, and Contractor
shall pay all premiums and costs thereof and incidental
thereto.
Each bond shall be signed by both Contractor and the
sureties.
1) T_he "pment bond for up blic works" shall be in an
amount of one hundred percent ( 100% ) of the
Contract price, as determined from the prices in
the bid form, and shall insure to the benefit of
persons performing labor or furnishing materials
in connection with the work of the proposed
Contract. This bond shall be maintained in full
force and effect until all work under the Contract
is completed and accepted by the County, and until
all claims for materials and labor have been paid.
2) The "performance_ bond" shall be in an amount of
one hundred percent (100%) of the Contract price
as determined from the prices in the bid form. and
shall insure the faithful performance by
Contractor of all work under the Contract. It
shall also insure the replacing of , or making
acceptable, any defective materials or faulty
workmanship.
Should any surety or sureties be deemed
unsatisfactory at any time by the County notice
will be given Contractor to that effect , and
Contractor shall forthwith substitute a new surety
or sureties satisfactory to the County . No
further payment shall be deemed due or will be
made under. the Contract until the new sureties
qualify and are accepted by the County.
All alterations , time extensions , extra and
additional work, and other changes authorized by
the Specifications, or any part of the Contract,
may be made without securing consent of the surety
or sureties on the contract bonds.
B. Fidelity Bond - Before receiving compensation under
this Agreement , Contractor will furnish County with
evidence that all officials, employees, and agents
handling or having access to funds received or
disbursed under this Agreement, or authorized to sign
or countersign checks , are covered by a BLANKET
FIDELITY BOND in an amount of AT LEAST fifteen percent
6
(15%) of the maximum financial obligation of the County
cited herein. If such bond is cancelled or reduced,
Contractor will notify County immediately, and County
may withhold further payment to Contractor until proper
coverage has been obtained. Failure to give such
notice may be cause for termination of this Agreement,
at the option of the County.
jnb
legal. insuranc.g
6/6/91
tEahe'�t5 A.D
> c
CDBG FTGHTEENTH PROGRAM YEAR(1992.93)
PROGRAM DESCRIPTION
...
Contract Ageocy Program Manager Title
City of Cupertino Vera Gil Planner 11
street address Tel*hm Deft
10300 Torre Avenue (408)2524505 X251 September 29, 1993
�, Stagy ZIP Fax g ;......:. :
Cup�ttno
California 95014 (408)252-0753f >>
..•,.,�':,.rS'`vva*{tZ�.�r.'•.::.�.,wti ::c ••,�, -,..�•::�•;, .y} 4'•l`v:•::?::..•%•�.
•~� :: i.{�� •.%•'yj.-'.�t1•Sl;Tn: ` �•1�'Y�}.�'�":�3'•h•}i�t:�"-:;$:Y
'•t•'v. ...�•iJ:v:C:'tt`�':i•},i•.}`:.X��:.y:?h'i4'-:iii•ii ,4ii1C::::::?:bti�v::v\�Zvn e..k�. � b�♦ r � :L�.+, ,:1:$,:Y�,J�:,:\'Al:�w.
PROGR4l1I DESCRIPTION
Screen and place eligible clients into current affordable units and into units as they are developed throughout Cupertino. CCS
will also provide support services to these clients.
WORK PLAN
Not Applicable
ANNUAL GOALS
1. Recruit and screen applicants for affordable units-
2- Maintain an eligibility list for available units.
3. Provide support services to placed clients.
4.
5.
SCHEDULE
July 1, 1993-Jug 30, 1994
BUDGET
$11,300.79
CDBG EIGHTEENTH PROGRAM YEAR(1992-93)
PROGRAM DESCRIPTION
Contract Agency Rogrsm Manwr Title
City of Cupertino Vera Gil Planner 11
street address I eieghow We
10300 Torre Avenue (408)2524505 X251 September 29, 1993
City State ?aP Fax 0
Cupertino California 95014 (408)252-0753
.L .r.
...................... .v.4:v4;v•n �iiC::ii•. .4. h:. , L<..,.\{. v-:.L .�7:
..... .:.{::-:'.:::::.:::............................:.::.:{:x{:h?s::., ..14..... ..,.;y:,.•s'a?'sC-,...,tea. ;�>::0..: .,;i'c-. .5.,,>.-q..:;�.i£s;-L.., ?{.:
.ii'S: :.3:c�sv •x'u:«:2�:;, L•'Liyki•'•:$7.c .:::.{..
�;}{:'...n..v.'ru•::.:aL,h.. •: nU,.... ..:htix\.....':v:?.i::ti;#?.....r.::::::v-Q•::v.�v^?.
PROGR" DESCRIP97ON
Administration and implementation of the Housing Rehabilitation Program,which provides low-interest loans for residents of very-
low and low incomes to rehabilitate their homes.
WORK PLAN
34%Planner II(Gil),8%Planner II(Robillard)
ANNUAL GOALS
1. Coordinate the rehab.process for 5 sing.:family homes.
I Monitor loan collections,payoffs,foreclosures,and program income for 5800.000 loan portfolio.
3. Investigate possibility of using City inspectors to streamline the rehab process.
4.
5.
SCHEDULE
July 1, 1993-June 30, 1994
BUDGET
S24,603.34
CDRG EIGHTEENTH PROGRAM YEAR (1992-93)
PROGRAM DESCRIPTION
Conhact Agency Program Manager Tide
City of Cupertino Vera Gil Planner II
Street address Telephone Date
10300 Torre Avenue (408)252-4505 X251 September 28, 1993
City State ZIP Fax N q
Cupertino California 95014 408 252-0753
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PROGRAM DESCRIP77ON
To implement the Affordable Housing Fund,a set-aside for development of affordable housing units.
WOREPLAN
71/6 Planner I1(Gil),2%Planner H(Robillaid)
ANNUAL GOALS
1. Meet with Musing developers to encourage t?;e development of affordable housing projects.
I Coordinate the Request for Proposals(RFP)for the Affordable Housing Fund.
3. Monitor Spark Foundation and Community Housing Developers loan interest payments to the Affordable Housing Fund.
4. Present Affordable Housing Projects to the Affordable Housing Committee,Planning Commission,and the City Council as
projects are irolmsed-
5. Pursue the development of 20 affordable-units.
SCHEDULE
July 1, 1993-June 30, 1994
BUDGES'
E96,198.96
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CDBG EIGHTEENTH PROGRAM YEAR(1992-93)
PROGRAM DESCRIPTION
............:::....... ::::>..:.
Contract Agency Progma Ma tiger Title
City of Cupertino Vera Gil Planner lI
Street address Telephone Bate
10300 Torre Avenue (408)252-4505 X251 September 29, 1993
State ZIP Fax 0
Cupertino California 95014 (408)252-0753
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ME-
PROGRAM DE.VCRIPTFON
Transitional busing program operated between 12"host"churches for a period of up to 90 days at each rhumb. The hosting shelter
has the responsibility of housing,feeding and providing fellowship and support for the participants.
WORKMAN
Not applicable.
ANNUAL GOALS
1. Hcuse very low and low income"houseless"or"homeless".
2 Serve approximately 10-12 clients per month.
3.
4.
5.
SCHEDULE
July 1, 1993-June 30, 1994
BUDGET
$11,000.00
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CDEG EIGHTEENTH PROGRAM[YEAR(1992-93)
PROGRAM DESCRU TION
Contract Agency Program Mwager Tide
City of Cupertino Vera Gil Planner 11
street address Teleplhane Date
10300 Torre Avenue (408)252-4505 X251 September 29, 1993
City state ZIP Fax 1J
Cupertino California 95014 (408)252-0753
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PROGRAM DESCRrFHON
To remove all physical barriers at the Senior;;eater that limit access to program and services for people with disabiliti s.
WORK PLAN
Not applicable.
ANNUAL GOALS
1. Remove physical barriers at senior center.
1
3.
4.
5.
SCHEDULE
July 1, 1993-June 30, 1994
BUDGET
S,000.00
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CDBG EIGHTEENTH PROGRAM YEAR(1"2-93)
PROGRAM DESCRIPTION
Contract Agency Program Manager Tide
City of Cupertino Vera Gil Planner II
Street a&1ress Telephone Dates
10300 Torre Avenue (408)2524505 X251 September 29, 1993
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California y5014 408 252-0753 ..`;1:
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PROGRAM DESCRIPTION
Develop 32 assisted units for seniors.
WORK PLAN
Not Applicable
ANNUAL GOALS
1. Develop 32 assisted units for seniors
2
3.
4.
5.
SCHEDULE
July 1, 1993-June 30, 1994
BUDGET
S136,342.00
FYhil�iic A-E1
CDBG EIGHTEENTH PROGRAM YEAR (1992-93)
PROGRAM DESCRIPTION
Convect Agency Prowwn Manager Tide
City of Cupertino Vera Gil Planner 11
Street address Telepbm p�
10300 Tone Avenue (408)252-4505 X251 September 29, 1993
City State ZIP Fax M ..,.,....: .::....:............
Cupertino California 95014 408 252-0753
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PROGRAM DESCRiPTTON
Administration of the CDBG grant
WORK PLAN
17%Planner 11(Gil),5%Planner Q(Robillard)
ANNUAL GOALS
1. Administer the CDBG allocation.
I Coordinate the request for proposals for the 19th year CDBG f uxb.
3.
4.
5.
SCHEDULE
July 1, 1993-June 30. 1994
BUDGET
$13,000,00
EYhibitc A-®
CDBG EIGHTEENTH PROGRAM YEAR (1992-93)
PROGRAM DESCRIPTION
Contract Agency Program Manager Title
City of Cupertino Vera Gil Planner H
Street address Telephone Date
10300 Torre Avenue (408)252-4505 X251 September 29, 1993
city State ZIP Fax!!
Cupertino California 95014 (408)252-0753
PROGRAM DESCRIPTION
E
costs directly related to carrying out activities by non-profit agencies providing public services.
- -,----
WORK PLAN
7%Planter H(Gil),2%Planner H(Robiliard)
ANNUAL GOALS
1. Write negotiate and finalize contracts with public service agencies.
2. Write letters and reports,make phone calls and review written materials for adherence to agency service objectives before
issuing payments.
3. Respond to inquiries regarding the provision of these services.
4. Conduct raid-year review of agent'performance.
5.
SCHEDULE
July 1, 1993-June 30, 1994
BUDGET
$6 000
CDBG EIGHTEENTH PROGRAM YEAR(IM-93)
PROGRAM DESCRIPTION
Comracd Agency Program Menage Title
City of Cupertino Vera Gil Planner II
Street address Telephone Dde
10300 Torre Avenue (408)252-4505 X251 September 29, 1993
City State 23P Fax N
Cupertino California 95014 (408)252-0753
00
PROGRAM DESCRIPTION
Provide project support to the Sunny View Lutheran Home construction project
WORK PLAN
Not Applicable
ANNUAL GOALS
1. Provide project support to Sunny View Lutheran Home construction project
2.
3.
4.
5.
SCHEDULE
July J* 1, 1993-June 30, 1994
BUDGET
$6,000.00
FIvia
LL ul�
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT
CONTRACT BETWEEN Tg1E COUNTY OF SANTA CLARA AND THE
CITY OF CUPERTINO FOR FISCAL YEAR 1993-94 AND AUTHORIZING
EXECUTION OF AGREEMENT
WHEREAS, the City of Cupertino participates in the Urban County Cooperative
Community Development Block Grant Program; and
WHEREAS, the Department of Housing and Urban Development requires an
individual contract between the County of Santa Clara and participating cities; and
WHEREAS, the City Council has reviewed the pfoposed contract and exhibits;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby authorizes the City Manager to execute the agreement covering
$833,131.22 in. CDBG funds for the period of July 1, 1993 through June 30, 1994,
between the County of Santa Clara and the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 1st day of November , 1993, by the following vote:
ote Members of the City Council
AYES: Dean, Goldman, Koppel, Sorensen, Szabo
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
/s/ Nick Szabo
Mayor,City of Cupertino
ATTEST:
/s/ Kim Marie Smith
City Clerk
COUNTY OF SANTA CIARA
CALIFORNIA
OFFICE OF THE BOARD OF SUPERVISORS MEMBERS OF THE BOARD
County Government Center, East Wing Michael M. Honda, District 1
70 West Hedding Street Zoe Lofgren, District 2
San Jose, California 95110 Ron Gonzales, District 3
(408) 299-4321 Rod Diridon, District 4
Dianne McKenna, District 5
November 16, 1993
Kim Smith, City Clerk
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Dear Ms. Smith:
SUBJECT: AGREEMENT WITH CITY OF CUPERTINO RELATING TO NINETEENTH PROGRAM
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOME PROGRAM
Enclosed for your records please find one duplicate original of the subject
Agreement between the County of Santa Clara and the City of Cupertino for
services to the citizens of Cupertino. The Board of Supervisors, at its
regularly scheduled meeting on May 18, 1993, authorized the execution of this
Agreement on behalf of the County.
Sincerely,
Erline Jones
Deputy Clerk
Enclosure
cc: Housing & Community Development