03-006 Community Development Block Grant,~ , e~~
- COMMUNITY DEVELOPMENT BLOCK GRANT
COUNTY/CITE' CONTRACT
Contract No.CU-03-00
THIS Contract is made and entered into b~~ 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. The allocation of funds pursuant to this Contract shall be a grant.
COUNTY approved the allocation and disbursement of CDBG funds .to CITY on May 7, 2002.
WITNESSETH
WHEREAS, COUNTY has received CDBG Entitlement Program funds from the United
States Department of Housing and Urban Development (hereinafter HUD) as an entitlement
jurisdiction pursuant to the provisions of Title 1 of the Housing and Community Development
Act of 1974, as amended; and,
WHEREAS, COUNTY has agreed. to the i.tse by CITY, as a subrecipient, of a portion of
COUNTY'S CDBG entitlement for a housing and community development program to be
operated within COUNTY and which shall benefit low and very low income households;
NOW, THEREFORE, the parties agree as follows;
I. PROGRAM
COUNTY agrees to allocate a portion of its CDBG entitlement, and/or program income
as defined in 24 CFR 570 Subpart J, "Grant Administration" (570.504), to the CITY, as a
subrecipient of the County being the sum of TWa~ HUNDRED EIGHTEEN THOUSAND
NINE HUNDRED AND SIXTY & 92/100 Doll~~rs ($218,960.92) for the purpose of
reimbursing the City for costs incurred to implement the housing and community development
program (hereinafter "PROGRAM"). PROGRAI`~I is defined as projects and activities funded
with this allocation 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 o~.ttset of this Contract. Reimbursement for
Fiscal Year 2002/03 shall not exceed the total sum of the beginning fiscal year Cash Control
Sheet (fiscal year CDBG allocation of funds to CITY, and roll-over of unexpended CDBG funds
from previous years allocations to CITY). CITY is granted authority to also expend funds for
eligible CDBG Housing activities from its approved rehabilitation program revolving loan fund
account, including accrued Program Income. Such authority is based on CITY and its
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Housing and Community Development Program FY 02/03 City/County Contract
subreceipient(s) being in compliance with all Federal Rules and Regulations governing the CDBG
PROGRAM, and the COUNTY CDBG Reallocation Guidelines.
As a condition of this Contract, CITY has provided numerous exhibits marked "A" through "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 herin are the County's Exhibits as follows: Exhibit "E" (Certifications), Exhibit "F"
(Assurances), Exhibit "G" (Insurance), if applicable, Exhibit "H" (Urban County Rehabilitation
Services), and Exhibit "I" (Contracting Principles Declaration) for all allocated CITY projects and
activities awarded funding during Fiscal Year 2002/03.
II. 'T'ERM
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, 2002 and will terminate on June 30, 2003, or unless terminated earlier
pursuant to Section VI or Section VII of this Contract. Invoices requesting
disbursements submitted after the expiration of the contract will be honored only for
charges incurred during the Contract term and received prior to the processing cut-off
date.
B. The term of expenditure by CITY for the grant amount provided for herein shall begin on
July 1, 2002 and terminate on the earliest of the following dates as set forth herein:
June 30, 2003, 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:
1. City must provide COUNTY with written certification that the following
information is on file at the CITY offices, and is subject to monitoring by HUD
and/or COUNTY (County's Housing and Community Development Department,
"HCD") HCD staff, or their representatives.
a. Names and addresses of the current CITY Manager and CITY Council
members; and
b. Records of all discussions and actions taken at CITY Council meetings
pertaining to the CDBG PROGRAM.
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Housing and Community Development Program FY 02/03 City/County Contract
c. Information and housing objectives for the Consolidated Plan at the
beginning of each program ~~ear.
B. PROGRAM Performance by CITY.
Conduct the PROGRAM within S;~nta Clara County, for the purpose of
benefiting low and very low income households.
2. File quarterly reports with COUN~'Y 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 PEZOGRAM is achieving its objectives and goals
as a participating non-entitlement (:ITY.
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 feder;~l law.
C. Fiscal Responsibilities of CITY.
Identify the CITY's fiscal agent wYto 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. Document all PROGRAM costs by maintaining records in accordance with
Section III, Paragraph D below.
4. Submit to the COUNTY documented requests for reimbursement.
5. 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 Requirernents;" and obtain certificate of insurance from
all subrecipients which will list CI~'Y 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 o f COUNTY, result in the suspension of funding
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Housing and Community Development Program FY 02/03 City/County Contract
or termination of specific projects in non-compliance; or initiate the suspension of
funding or termination of this Contract as provided for herein.
7. If CITY does not use CDBG funds in accordance with this Contract, CITY is
liable for repayment of all disallowed costs and ineligible activities. Disallowed
costs and ineligible activities may be identified through audits, monitoring or
others sources. CITY will be required to respond to any adverse findings which
may lead to disallowed costs, subject to provisions of OMB Circular A-87, "Cost
Principles for State and Local Governments," and A-128, "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 CFRPart
570.201-206 "Eligible Activities" and 24 CFRPart 570-207 "Ineligible Activities."
D. 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
E. Preservation of Records. CITY will preserve and make available its records:
Until five years following expiration of this Contract, or
2. For such longer period, if any as is required by applicable law; or
3. If this Contract is completely or partially terminated, the records relating to the
work terminated shall be preserved and made available for a period of five years
from the date of termination.
F. Examination of Records: At any time during normal business hours, and as often as may
be deemed reasonably necessary, CITY agrees that HUD and the COUNTY, and/or any
authorized representatives may have access to and the right to examine Subrecipient
CDBG records and facilities until expiration of:
(a) five years after expiration of this Contract;
(b) five years from the date of termination of this Contract; or
(c) such longer period as may be prescribed by law.
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Housing and Community Development Program FY 02/03 City/County Contract
The CITY must provide language in its Contracts with all Subrecipients stipulating that
at any time during normal business hours, and as often as may be deemed reasonably
necessary, Subrecipient agrees that HUD rind the COUNTY, and/or any authorized
representatives may have access to and the right to examine Subrecipient CDBG records
and facilities until expiration of:
(a) five years after expiration of this Contract;
(b) five years from the date of termination of this Contract; or
(c) such longer period as may be prescribed by law.
CITY also agrees that COUNTY and any authorized representatives has the right to
audit, examine, and make excerpts or transactions of and from, such records and to make
audits of all contracts and subcontracts, invoices, payrolls, records of personnel,
conditions of employment, materials and a.ll 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 HCD Program Manager 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 contractor:, 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 ~,vith State, Local and Federally recognized
Indian Tribal Governments," and OMB Circular A-128 "Audits of State and Local
Governments."
In addition, CITY will comply with Federal Regulations as cited in 24 CFR Part 570,
Subpart J, and 24 CFR Part 85, and all othc;r local, State or Federal laws applicable to this
Program.
H. Suspension and Termination. In accordance with 24 CFR 85.43, suspension or
termination of this Contract may occur if tike 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 funds on hand at the time of expiration and any accounts receivable attributable to
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Housing and Community Development Program FY 02/03 City/County Contract
the use of CDBG funds. Any real property under the CITY's control that was acquired
or improved in whole or in part with CDBG funds (including CDBG funds provided to
CITY in the form of a loan) in excess of $25,000 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. Reimburse the COUNTY an amount equal to the current market value of the
property, less any portion of the value attributable to expenditures of non-CDBG
funds for acquisition of, or improvement to, the property (reimbursement is not
required after the period of time specified in I. 1. above).
IV. OBLIGATIONS OF COUNTY
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 TWO HUNDRED EIGHTEEN
THOUSAND NINE HUNDRED AND SIXTY & 92/100 Dollars ($218,.960.92) as
stated in the fiscal year Cash Control Record document plus all Program Income accrued
during the fiscal year.
Reimbursement may be retained, in part or in full, by COUNTY, in the event of CITY'S
non-compliance to PROGRAM regulations and conditions. Substantial non-compliance
includes, but is not limited to, incomplete documentation of expenses, failure to submit
adequate documentation of PROGRAM progress as described in III, paragraph 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:
1. Notify the CITY Coordinator in writing of the alleged substantial non-compliance
and request an immediate meeting between CITY Coordinator and COUNTY
HCD Program Manager to resolve issue(s). If issue(s) is(are) not resolved
satisfactorily within thirty (30) days, notify CITY Manager in writing requesting
an immediate meeting between CITY Manager, CITY Coordinator and COUNTY
HCD Program Manager to resolve the issue(s).
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Housing and Community Development Program FY 02/03 City/County Contract
_ 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 fo1lo~Ned pursuant to V. C. of this Contract
(CONTRACT COMPLIANCE, Corrective Action Procedure); and
4. If applicable, forward a written report to HUD's Regional Office detailing the
substantial non-compliance issue:: and the steps being instituted to correct
performance, copy to the CITY IVlanager.
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 "F" ASSURANCES. Specifically, COUNTY shall comply with the
requirements of OMB Circular No. A-87; "Principles for Determining Costs Applicable
to Grants and Contracts with State, Local., Federally recognized Indian Tribal
Governments," and OMB Circular A 128 "Audits of State and Local Governments."
In addition, COUNTY will comply with Federal Regulations as cited in 24 CFR Part 570,
Subpart J, and 24 CFR Part 85, and all other Local, State or Federal laws applicable to
this PROGRAM.
V. PROGRAM COORDINATION
A. The COUNTY Executive has assigned thE: HCD Program Manager to supervise the
progress and performance required by this Contract. All services performed by
COUNTY will be at the overall direction of the HCD Program Manager.
B. CITY has designated Vera Gil to serve as CITY CDBG
Program Coordinator, and City Manager _ David W. Knapp
(or assignee approved by the CITY Coun~:il) assumes overall responsibility for the
progress and performance of this Contract. CITY will immediately notify the COUNTY
in writing, of the appointment of a new C [TY 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: Charles Chew, HCD Progr,~n Manager
Housing and Community Development Program
1735 North First Street, Suite 265
San Jose, CA 95112
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Housing and Community Development Program FY 02/03 City/County Contract
CITY: City of Cupertino
Name of CITY
10300 Torre Avenue
Address of CITY
Cupertino, CA 95014
Address of CITY (Continued)
David W. Knapp
Name of CITY Manager
All notices must either be hand delivered or sent by United States mail, registered or certified,
postage prepaid. Notices given in such a manner will be deemed received when hand delivered or
seventy-two (72) hours after deposit in the United States mail. Any party may change his or her
address for the purpose of this section by giving five days written notice of such change to the
other party in the manner provided in this section.
VI. CONTRACT COMPLIANCE
A. Monitoring and Evaluation of Services. Evaluation and monitoring of the PROGRAM
performance is the mutual responsibility of COUNTY and CITY, with the understanding
that HUD looks to COUNTY as the sole responsible party for meeting PROGRAM
requirements. CITY will furnish data, statements, records, information and reports as
mutually agreed to by CITY and COUNTY as necessary for COUNTY to monitor,
review and evaluate the performance of the PROGRAM and its components. COUNTY
has the right to request the services of an outside agent to assist in any such evaluation.
Such services will be paid for by COUNTY.
B. Contract Non-compliance. If CITY fails to comply with 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 include but are not limited to:
1. If CITY (with or without knowledge) has made any material misrepresentation of
any nature with respect to any information or data furnished to COUNTY in
connection with the PROGRAM.
2. If there is pending litigation with respect to the performance by CITY of any of
its duties or obligations under this Contract which may materially jeopardize or
adversely affect the undertaking of or the carrying out of the PROGRAM. The
CITY and COUNTY may negotiate a reinstatement of this Contract following
termination or conclusion of such litigation.
If CITY has taken any action pertaining to the PROGRAM, which action required
COUNTY approval, and such approval was not obtained.
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Housing and Community Development Program FY 02/03 City/County Contract
4. If CITY is in default pursuant to any provision of this Contract.
If CITY makes improper use of COUNTY funds.
6. If CITY fails to meet all provision:; of the COUNTY CDBG Reallocation
Guidelines, or the Joint Powers Agreement currently in full force and effect
between the parties hereto.
C. Corrective Action Procedure. COUNTY, in its absolute discretion and in lieu of
immediately terminating this Contract upon occurrence or discovery of noncompliance by
CITY pursuant to this Contract, will have the right to give CITY notice of COUNTY' S
intention to consider corrective action to enforce compliance. Such notice must indicate
the nature of the non-compliance and the f~rocedure whereby CITY will have the
opportunity to participate in formulating any corrective action recommendation
In the event that CITY does not implement the corrective action recommendations in
accordance with the corrective action timetable, COUNTY may suspend payments
hereunder or terminate this Contract as set forth in Section VII below.
Once non-compliance is established, ,the following procedure will be initiated:
COUNTY HCD Program Manager 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). Sucli plan must be submitted by CITY to
COUNTY within thirty (30) days of the initial non-compliance meeting between
CITY and COUNTY;
CITY must initiate the corrective action procedure within sixty (60) days of the
initial non-compliance meeting bet~,veen the COUNTY HCD Program Manager
and the CITY Coordinator (COUNTY, at their discretion, may extend this time
line for extenuating circumstances);
4. COUNTY will have the right to require the presence of CITY officers at any
hearing or meeting called for the purpose of considering corrective action; and
CITY has the right to appeal all findings ofnon-compliance, and subsequent
corrective action, with both the CC-UNTY Board of Supervisors and HUD.
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Housing and Community Development Program FY 02/03 City/County Contract
VII. TERNIINATION
A. Termination for Cause. COUNTY may terminate this Contract by providing written
notice stating the date of termination, to CITY for any of the following reasons:
Uncorrected Contract non-compliance as defined in VI, B which has not been
addressed or resolved within the aforementioned corrective action plan time
period;
2. If CITY is in bankruptcy or receivership;
3. If a member of CITY'S Executive Management staff is found to have committed
fraud in connection with the CDBG program (termination is applicable only to
that portion of the CDBG program for which the person who committed fraud is
responsible);
4. If there is reliable evidence that CITY is unable to operate the PROGRAM.
B. Termination for Convenience. In addition to the COUNTY' S right to terminate for cause
asset forth in Section VII, either COUNTY or CITY may suspend or terminate this
Contract for any reason upon mutual consent by giving thirty (30) days prior written
notice to the other party. Upon receipt of such notice, performance of the services
hereunder will be immediately discontinued.
C. In addition to the COUNTY'S right to terminate for cause set forth in Section VII, either
COUNTY or CITY may suspend or terminate this Contract as provided for in 24 CFR
570, at Subpart J "Grant Administration," and/or 24 CFR 85.44 "Termination for
Convenience." Provisions of the Reallocation Guidelines will apply, but may be adjusted
if termination is for cause.
D. Upon termination, CITY will:
Be reimbursed for all documented allowable costs and expenses incurred in
connection with the Project up to the date of such termination. COUNTY shall be
obligated to compensate CITY only for allowable costs and expenses as
determined by an audit or other monitoring method;
2. Turn over to COUNTY immediately any and all copies of studies, reports
and other data, whether or not completed, prepared by CITY or its
subcontractors, if any, in connection with this Contract. 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
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Housing and Community Development Program FY 02/03 City/County Contract
Transfer to the COUNTY any CDI3G 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 ~Nill 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. PURCHASING REAL OR PERSONAL PROPERTY
CITY and COUNTY must comply with all applic,~ble 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 (Zeal Property), with regards to the use and
disposal of Real or Personal Property purchased in whole, or in part, with CDBG funds.
In addition, 24 CFR Part 85 (the Common Rule) includes definitions which apply to CDBG Real
Property, however, the Common Rule section governing Real Property (CFR 85.31) DOES NOT
APPLY TO CDBG ACTIVITIES.
A. The following definitions 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 Di:~position of Real Property as defined in detail
by 24 CFR, Part 570.503 (~~greements 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 I~urchase real property, CITY will prepare and
require its subreceipient(s) to execute a Loan Agreement, Promissory Note, Deed of Trust
and such other Contracts restricting the use of said real property for purposes consistent
with this Contract, HUD and CDBG requirements.
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Housing and Community Development Program FY 02/03 City/County Contract
C. Grants. If a grant is provided for the acquisition of real property, CITY will require its
subreceipients(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 subreceipient(s), the assignment or assumption of this Contract and the
sale of the property prior to expiration of the obligation period as set forth in this
paragraph. If this obligation is not fully met, CITY may be required to reimburse the
COUNTY. The COUNTY may consider, but will not be limited by, the following factors
in calculating the reimbursement obligation: initial grant sum; the duration of the initial
contractual obligation to operate the Project versus the actual duration of operation; and
the appreciated value.
D. Relocation, Acquisition, and Displacement. CITY agrees to comply with 24 CFR
570.606 relating to the .acquisition and disposition of all real property utilizing CDBG
funds, and to the displacement of persons, businesses, and non-profit organizations as a
direct result of any acquisition of real property utilizing CDBG funds. CITY agrees to
comply with applicable state laws, County Ordinances, Resolutions, and Policies
concerning displacement of individuals from their residences.
IX. PROGRAM INCOME
Income generated by the Project is Program Income and shall be regulated by all provisions of
Title 24 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
by activities carried out with CDBG funds made available under this Contract. By way of
further limitations, CITY may use such income during the Contract term for activities permitted
by this Contract and shall reduce requests 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 subcontractors, 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.
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Housing and Community Development Program FY 02/03 City/County Contract
of all third party contracts must be submil:ted to COUNTY at least ten days prior to the
proposed effective date. In the event COiTNTY approves of any such assignment,
delegation or sub-contract, the subcontract~~rs, 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 s~~lely to activities by those persons described
herein, related to the management and potc;ntial 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 CONFIDEr1TIAL CLIENT INFORMATION
COUNTY and CITY agree to maintain the confidentiality of any information regarding
applicants for services offered by the PROGRAM[ pursuant to this Contract or their immediate
families which may be obtained through applicati~~n forms, interviews, tests, reports from public
agencies or counselors, or any other source. Without the written permission of the applicant,
such information may be divulged only if permittc;d by law or as necessary for purposes
related to the performance or evaluation of the services and work to be provided pursuant to this
Contract, and then only to persons having responsibilities pursuant to this Contract, including
those furnishing services for the PROGRAM through approved subcontracts.
XIII. HOLD )F[ARMLESS
In addition to the indemnity obligations set forth iii Exhibit G, "Indemnity and Insurance
Requirements," CITY must indemnify and hold harmless the COUNTY, its employees, agents,
and officials, members of boards and commissions, from any and all claims, actions, suits, charges
and judgments whatsoever, with respect to any daanages, including attorney's fees and court
costs, arising out of the failure of the CITY's PROGRAM or its subreceipient(s) failure (for
CITY) to comply with applicable laws, ordinances, codes, regulations and decrees, including
without limitation those set forth in Exhibit E, "Cc;rtifications."
XIV. WAIVER OF RIGI~TS AND REMEDIES
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 makir.~g 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
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Housing and Community Development Program FY 02/03 City/County Contract
paid to CITY on any item which is not eligible for payment from the PROGRAM or this
Contract.
XV. NON-DISCRIMINATION
CITY will comply with all applicable Federal, State and local laws and regulations including Santa
Clara County's policies concerning nondiscrimination and equal opportunity in contracting. Such
laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as
amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of 1973 (Sections 503
and 504); California Fair Employment and Housing Act (Government Code sections 12900 et
seq.); and California Labor Code sections 1101 and 1102. CITY will not discriminate against any
subcontractor, employee, or applicant for employment because of age, race, color, national origin,
ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical
condition, political beliefs, organizational affiliations, or marital status in the recruitment,
selection for training including apprenticeship, hiring, employment, utilization, promotion,
layoff, rates of pay or other forms of compensation. Nor will CITY discriminate in provision of
services provided under this contract because of age, race, color, 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 contracts with its subreciepient(s)
and vendors when utilizing the CDBG funds.
XVI. AMENDMENTS
A. Amendments to the terms or conditions of this Contract must be requested in writing by
an authorized representative of the party desiring amendments, and any amendment will
be effective only upon the mutual agreement in writing of the parties hereto.
Amendments will not invalidate this Contract, nor relieve or release the COUNTY or the
CITY from its obligations under this Contract.
B. During the Contract term, CITY may choose to transfer funds within the PROGRAM
described in Exhibits "A through D." Fund transfers exceeding $ 10,000 as well as new
projects added to CITY's PROGRAM, require COt1NTY'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 or subsequent to execution of
Santa Clara County 14
Housing and Community Development Program FY 02/03 City/County Contract
this Contract will affect or modify any of the terms or obligations contained in any documents
comprising this Contract.
XVIII. MISCELLANEOUS
A. The captions and section headings used in this Contract are for convenience of reference
only, and the words contained therein in n~~ way explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Contract.
B. All exhibits attached hereto and referred to in this Contract are incorporated herein by this
reference as if set forth fully herein. Exhi~~it "A" (Agency Description), Exhibit "B"
(Project Work Plan), Exhibit "C" (Proposed Implementation Time Schedule), Exhibit "D"
(Budget), Exhibit "E" (Certifications), Exhibit "F" (Assurances), Exhibit "G" (Insurance),
Exhibit "H" (Urban County Rehabilitation Services) 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.
CITY OF:
BY ~ ~~.~,.J ( i .~ O~
Date
J t n~t.D~J
Print Name
COUNT OFSANT CLARA:
B r~ °
y~ Y 0 7 2002
Donald F. Gage Date
ATTEST:
It's: CITY Manager
ATTEST:
1- 303
CITY Clerk
APPROVED AS TO F RM
LEG ~
~~3~~0.~
Y Attorney Date
e. o-r~S kGliar~
Print Name
City Contract 02/03.anm
Revisedl2/5/02
4 MAY 0 '~ 2002
Phy lis Perez Date
Clerk, Board of Supervisors
APPROVED AS TO FORM AND
LEGALITY:
Leslie Orta Date
Lead Deputy County Counsel
Santa Clara County ~ 5
Housing and Community Development Program FY 02/03 City/County Contract
EXHIBIT B
SPECIAL ENDORSEMENT
Unless specifically excluded, the following endorsements are issued to, and form a part of, the policy number(s)
shown below, and are effective on the date indicated at 12:01 am Standard Time as stated in the policy.
a. Additional Insured Endorsement:
Insurance 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 Claza, individually and collectively, as additional
insureds. Such insurance shall also apply to any municipality in which the work occurs and
they shall be named on the policy as additional insured (if applicable).
b. Primary Insurance Endorsement:
Insurance afforded by the additional insured endorsement shall apply as primary insurance,
and other insurance maintained Icy the County of Santa Claza, 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 Coveral;e Endorsement:
Insurance afforded by this policy :;hall not be canceled or changed so as to no longer meet
the specified County insurance requirements without 30 days' prior written notice of such
cancellation or change being delivered to the County of Santa.
d. Contractual Liability Endorsement:
Insurance afforded by this policy shall apply to liability assumed by the insured under
written contract with the County of Santa Claza.
e. X C & U (Explosion, Collapse and Undergrcund) Endorsement:
Insurance afforded by this policy provides X, C and U Hazards coverage.
Name of
Insured
Insuring
Company
Insuring
Company
Signature of Authorized Representative
City of Cupertino
ABAG Plan
Effective Date
of Endorsement ~ / 1 / 0 2
Policy
Number ABAG 2 0 0 2/ 2 0 0 3
Policy
umber
Exhibit E
CER~R[CA'il'YONS
In acoordance with the applicable statutes and the rel;ulatioes govemirrg the consplidE~ted plan
regulations, the jurisdiction certifies that:
Afllrmatlvely Farther Fair 1~ouslttg -- Ttte jutisdicstion will affirmatively further fair housing, which
masts it will conduct an enalycia of irnpedincierits to fair hc+uaing choloe within the jurisdiction, take
appropriate actions to. overcome the effocta of any intpbdinteats idtntilied through that analysis, and
maintain records reflecting that analysis and actions in this regard,
Aittf-displacement and Relocation pta~h - It atilt cooly with the acquisition and relocation
requiremetrts of the Uniform Relocatfion Assistance quid R~:al Property Acquisition F~~lieies Act of 1970,
as amended, and implementing regulations at Q9 CP1IL 2A; •~nd it has in effeot and is fallowfng a
residrrttial antidisplacxment drtd relocation assiaance plan required tinder section l0 ~(d) of tlu Housing
and Community Development Act of 1974, as amended, in connection with any activity assi6tsd with
funding under the CDBG 4r HOME programs.
Drag Free Workplace -- It will or will continue to pmvicle a drug-flee worldlace by:
Publiabirtg a sgrtremerrt notifying employees that rite unlawful rrramfactttrc, distribution,
dispensing. possession, or use of a controlled aulx,tance is prohibited in the lpatrtee'a workplace
and specifying the actions that will be takes against employees far violation of such prohibition;
Establishing an ongoing drug-free awareness prolpatn to inform employees about -
(a) The dangers of dnrg atiuae in the worlcpltlce; .
(b) Tlie grantee's policy of maintaining a drug-free workplacx;
(e) Any available drug cAUgselittg, rehrrbihiteUian, and employee aasistancei programs; snd
(d) The penalties that may be imposed upon employees for drug abuse vlolationa occurring
is tttd workplace;
Making it a requiretnerit that each anploye+: to M: engaged in the performaiic4 0€ the grant be
given a copy of the statement required by p~aragarph !;
+t. Notifying the employes in the statement rec[trueil by paragraph l that, as a ~~omdition of
ertrfiloyment under the grant, the employee will -
(a) Abide by the tarrrra of the atatemesi+t; and
(b) Notify the employer izr writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace rio rater than Hve calendar days aRer such conviction;
Notifying the agency in witting, within ten calendar days after receiving notice under
subparagraph 4(b) from art etrsployee or otr-etwi:>e receiving actual notice of such coonvictiwr.
Employers of convicted etnplayees must provide: »otice, including poaitiori title, to every gttrnt
officer or other designee on whose grant activity the convicted eniployec ~v~as working, unless
the Federal agency has desi~rrated a central point for the receipt of such notices. Notice shall
include the identiflcatiort number(s) of each affECted grant;
- ..
6. 'Caking ozte of the following actions, widtin 30 oalendar dayR of nceivirg notice under
subparagraph 4(b), with respaet to any entltloyCe who ie so cottvicteil -
(a) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation A.et of 19y3, as
atnertded; oot
(b) Requiring such employee to participate satisfactorily In a drug abust> assistance or
reltabllltatiat prngram approved for such ixuposos by a Federal, State, or local health,
law eaforeetnent, or other appropriate agency;
7. Making a good Ehith effort to eontintie ro maintain a drug-tl'te worlq~lace through
itnplementatian of paragraphs 1, 2, 3, 4, 5 nerd 6.
Anti-Lobbyintg » To the best of the jurisdiCdon's latowledEe sad belief:
Na Federal appttiptiatred funds have been paid or will be paid, by or as belu.lf of it, to any person
for influencing or attempting to influence an oftictr or employee of any agency, a Member of
Congress, an officer a employee of Congress, or an employee of t Memba• of Congress in
connection with the awarding of any Federal contract, the making of arty Federal grant, the
making of any Federal loan, the entering into of any cooperative agreenientr sod tha exteasioq,
continuation, renewal, amendment, or raoditieaH~m of any Federal contract, grant, loan, or
cooperative agreement;
2. If any buds other than Federal apptnpriated funds have been paid or will bis paid to any persoo
for ittflucaCing or~suerttpting to influence an ofiicet or employee of nay ag~stcy, a Member of~
Congress, an officer a employee of Cottgeesaz, a att etnployoa of a Merobaf of Congress im
cotmeotiott with this Federal contract, grant, loan, or cooperative , it will complete and
submit Squtdard Fain-LLL, "Disclosure Forth tt~ Report Lobbying," in accordance with its
instrut+tiogs; and
3. It wi11 require that the language of paragraph 1 need 2 of this anti-lobbying <:ectiflcation br
inclttdod in the award docurrrettts for all subawat+3s at all tiers (ipcluding subcontracts, subgranta,
and certttacts uatder graters, loans, and cooptaativ c agrcctx~ents) end that ail su6recipiettta shall
ceatify and disclose aocotdingly.
Authority otJnrl,diction » The coneolidated plan is authorial under Sbte and local laM- (as applicable) turd
the jurisdiction possesses the legal authority to catty out the programs for which it is seelciag fitttding, in
accordance witb applicable Hilt regulations.
Conslsteney With plan -- Tht housing activities to be undertaken with CDBO, HOME, ESG, and HOPWA fund$
are consistent with the strategio plan.
Section 3 -- It will ootnply with section 3 of the Housing and Uifian Development Act of 1968, and
implementing n latlons at 24 CFR Part i 35.
May 13. 2002
5ignature/Authorize Offici Date
Tii:le County Executive
~/- '
Specific CDfiG CcrUticatlons
'1'Ite Entitlement Community certifies that:
Citizen i'arUeipatlon -- It is in full compliance and followi,ttg a d•;tailed citizen partieipatioti plan that satisfies
the requirements of Z4 C:FR 91.105.
Community Develgprne~ot Plan .- Its coasotidattd housing and a~mmunity development pitm identities
comrnupity developmeht and housing needs and spaoifies both shortttrtn and lottg•t~:rm community
development objectives that provide decent housing, expand economic opportunities primarily for
persons of low attd moderate income. ($ee CpR 24 :574.2 ford CFR Z4 part 570)
Fogawittg a Plop -- It is following a eurreat consolidated pllatt (or Comprehensive Housing Affordability
Strategy) that has been approved by HUD.
Use oT Fnnds -• It has complied with the following criteria:
1. Maxitntnn Feasible Priority. With respect to acti~lties expected to be sssish:d with CDBG funds,
it certifies that it has developed its Action Plan so as to give maximum feasible priority to
activities which benefit low sad moderato iiacottu families or aid in.the prevention or elimitwation
of slums or blight. The Action Plan may also include activities which the gnmtee certifies are
designed W mitt other community developmment heeds having a particular urgency because
existing conditions pose a serious and imtir;diate threat to the health or weli'are of the
eomtYUmity, and other financial resources are not available);
2. Overall Benefit. The aggregate use of CD23~G funds including section L08 guaranteed loans
during pcogratu year(s) 2002/2003 (a Aerial specified by the grantee ~;onsisting.of oar,
two, or three specific consecutive program .years), shall priaeipally bemetlt jiersona of low and
moderau income in a matmer that ensures that at least 70 percaat of the amvuM is expended for
aeHvities that basest such persons dutintg rite designated period;
~txeiai Asses, It will not attempt to recover any, capital costs of public improvements
assistad with CDBG fttuds including Section 106 loan guaranteed fiords by assessing any amount
against properties owned and occupied by F~ersouns of low and moderate iae~nne, iaeludittg any
fee charged or assessment made as a condition oTobtaining access to such public improvements.
However, if CDBG funds are used to pay the pa'opo~rkioA of a fee or assessment that relatt;s to the capital
costs of public improvements (assisted in Put with CD$G funds) futanced from other revenue
sources, an asstaarrttnt or charge may be made af;ainat the property with ra;pect to the public
improvements financed by a source other tk~att Cl)BG fCtrtds.
'Y'he jurisdiction will not atterhpt to recover any capital cc-sts of public improvements assisted with
CDBG funds, including Section 108, unless, CDE~G Rinds are used to pay rite proportion of f'ee or
assessment attributable to the capital costs of pubic inzprovoments financed from ether revenue
sources. In this case, an assessment or chart;e maybe made against the pro~~erty with respet;t to
the public improvements financed by a sou~~ce other than CD$~G funds. Also, itt the rasa of
properties owned and occupied by modefat'.•inccrme (not low-income) families, an assessment or
charge may be made against the property tc~r public improvements flnanoe~i by a source outer
than CDHG fitnda if the jurisdiction certifies that it lacks CDBG funds to cover the assessment.
Excessive Foure -- It has adopted and is enforcing:
A policy prohibiting, the use of excessive force by )aw enforcement agencies within its
jurisdiction against any individuals engaged innon-violent civil rights demonstrations; and
2. A policy of rnforcing applicable State and lc;ecal la•~vs against physically barring entrance to or
exit from a facility or location which is the subject of such non-violent civil tights
demonstrations within its jurisdiction;
Compliance 'Wit4 Antl-diterl~inat[on laws -- Tlu grant will be comdueted and adminisuere:d iu conformity
with title VI of the Civil Rights Act of 1964 (42 USC 200(fd), the Fair Housing Act (42 USC 3601-3619),
and implementing >•egulations-
Lead-Based Ysint -- Its notification, inspection, testing and abatement procedures eonce~tnin$ iced-based paint
will comply with the requirements of Z4 CFR §570.608;
Compliance r-ith haws -- Tt will comply with applicable laws.
W May 13, 2002
Sigttature/Au Offici late
Title County Executive
~.
Speci$c 1~O1V1E Cet~csrtioas
The HOMfi participating jurisdiction certifids that:
Tenant Based 14ieutai Assistance -. If the patticipatin~ jurisdiction intends to provide tenant-based rental
aSBlbtallCC:
The use of HOME funds for tenant-based rental assistance is an essential element of the participating
jurisdiction's consolidated planfor expanding; the supply, affordability, and availability of
decent, safe, sanitary, and affordable housing.
Eligible Aeti~vttia and Cosq - it is 4sitig and will use HON[)E fuoda for eligible activities au~d costa, as
descn'bed in za CFR g 9z.2os tl~rpugh 92.209 and filar it is not using and will not ute HOME funds for
prohibited activities, as described is ~ 92.214.
Approprlttte )Financial Asststuuce -before committing an~r fiutds to a project, it will evalu:~tt the project in
accordance with the guidelines that it adopts for this purpose and will not invest any morn HOME fluids
in combination with other Federal assistance than is neces:~ary to provide affordable housing;
"V May 13, 2002
• S gnsture/Authoriud Ofl~ieial Date
Title County Executive
.~
.+
blXUi11E1't1' 2,l
LOCAL G4VERNM~NT GRAN'I'TE
EMEaOENCY SHELTER GRAtgT9 PROGRAM
C~RTIFICATION3 BY THE CHIEF ~)CECUTIVE OFFICER
1. Richard Wittenbe Chief 1s'xecutive Officer of
Santa Clara Count certifj+ ~ the lpgl ~,~~~ will etrsurt the ptovlsion of the
matching supplametttal funds requital by the reguletiott at 2~1 CFR 376.51. I have attached to this
certification n description of the sources end amourrts of stn:tr strpl~lementai funds.
I fitrtirer certify that the Iocal govetnmertt vvii! comply with:
(l) 'Che requireruprts of 24 CFR 576.21(ax4) providing that the fiu~ding of homeless
prevventioa activides for >iamilies that 'f-ave received eviction aotices or notices of
termination of utility services will meet the rt:gtrbrements that: (A) the inability of the
• family to make the required payments must be the testdt of a sudden redur:tion k iecottte;
(8) the assistance must be necessary to a~roid cridion of the fam~y or tetminatiar of the
services to the feauily; (C) there mast be a. t+easoturble prospxt That the family will be abk
bo rasume PaYm~s within a rcasortabk ,period of time; and (D) the assixance must trot
supplant fut~ing for pteexlsturg bomt:lesS prererrtioa activities from arty other soruce.
(1) The requkements of 24 CFR 576.53 conteminl; the cattinued use of buildings for which
emergency sheltxr grants are used for rdrabilitAtion or conversion of bui4iL'ngs for use as
emerpalcy shelters for dtt homeku; or aben funds art used tokly for olasratiag coats or
essential services.
(3) - The: building standards requirern~trt of 24 CFR 576.55;
(4) nee requirements of 24 CFR 576.56, concerning assistance to the horeless; and
(3) The requirements of 24 CFR 576.57, otha~ aplxspriate provisiaos of 24 C>~R Part 57b, and
outer applicable Federal laws concerning noadisctimiaatioa and equal oppnrtuaity.
(6) 'The requirements of 24 CFR 576.59(bj concerning the Uniform Relocation Assistancx and
Real Property Acquisition Policies Act of 11970.
(7) The requirement of z4 CFR 576.59 conccstiag minimizing the displacement of persons as
a r+ewlt of a project assisted with these finis.
(8) The requirements of 24 CFR Part 34 concerning the ):hug Free Workplace Act of 1988.
(9) The tequireme»ts of Z4 CFR 576.56(x) arul S76.65(b) that grantees develop and implement
p+rocaluns to ensure the confidentiality cif r+ecvrds pertaining to sny individual provided
family violence prevention or treatment seirviee:~ under any project assisted with ESG funds
and that the address or location of any ~itnily violence shelter project vvill nM be made
public., except with written authorization of the person or persons responsible tbt the
operation of such shelter.
.. (l0) The tequiremer ~tt recipients involve, to tiu maximum e;~ ~ praetiGtble, homeless
individuals and t~.ailies in policymaking, renovating, maintainutg, sad opa~ating fe~cilities
assisthd under the ESG program, and in prnviditti;:en-iees for occupants of these fapilities
as provided by 24 CF'R 96.SG.
(1l) 'The requirements of 24 CFIt 576.,57(e) are a~et dealing wide the provisions of, and
regulations and procedures applicable with respect to the oriviromnental t'eviaw
responsibilities under dta National Enviroamuntal Policy Act of 1969 and rotated
authorities as specified in 24 CFIZ Part 58.
I fiuther cxxtify that the submission of a completed and approved Consolida0ed Plan with its
certiEicativns. which act as the appiicattoq for aq Emergency Shelter Grant, is authorized uruier State andlor
local law, urd that the Iocal government possesses legal authority to carry out great activities in accordance
with the applicable laws and regulations of the pepartment of Hot~siag apd Urban Qavelopment.
Name and Title
Signatncr of Chief )r~ecutive Offic Date
County Executive
Title '
J,
APP)lr1~IbI~ '1"O CEYt'li'1FICATIOI~IS
1lNSTRUCTIONS CONCERNING LOBBYING ANb bkUG-FRE1i WORKPLACE REQUIR.F.MENTS:
A. Lobbl~in~ Certification
This certification is a material representation of fact upon which reliazyce was placed ~vhea this
transaction was made or entered into. Submiission c-f this certification is a pren^quisite
for malting or entering into this transaction imposes) by section 1352, title 3 1, U.S. Code.
Any persoh who fails to file the required cerii,ficatitm shall be subject to a civil pehalty
of not less than S 10,000 and not more than S 100,000 for each such fltiltu-e.
B. ~g„F~gWorknlace Certification
1. By signing and/or submitting this apf~licati~m or grant agrccrncnt, the
grantee is providing the certification.
2. The ccrtif'ication is a mateciat r~epresenttttioa of fact upon which relia~ice is
placed when the agency awards the gcattt. (fit is later determined tht~t the
grantee latowingly rendered a false crrtific,itioq or otherwise violates the
requirements of the Drug-Free Worlgslace .pct, HUD, in addition to any other
tentedics available to tht Fedtral Cro~rernment, may take action authorized under
the Drug-Frt:c Workplace Act.
Workplaces under grants, for grantees other than individuals, need not
be identified on the certification. If known, they may be identified ire the
grant application: If the grantee does not identify the workplaces ~ the
time of application, or upon award, if'there is no application, the gra~itee
must keep the identity of the workplace(s) on file in its office and Haase
the information available for Federal inspection. Failure to idantifyt :all
lrnown workplaces constitutes a violation of the grantee's drug-free
workplace requirements.
4. Workplace identifications must include tbe: actual address of buildiai;s
(or pacts of buildings) or other cites v+here work under the grant tales
place. Categorioal descriptions may Abe us,:d (e.g., all vehicles of a mass
transit authority or State highway deliartmettt while in operation, State
tmplayees in each local unemployment office, performers in cancer:
halls or radiq~ statlons).
S. If the workplace identified to the agency changes during the
performance of the grant, the grantee shall inform the agency of the
change(s), if it previously identified the workplaces in question (see
paragraph three).
6. T1x grantee may insert in the space provided below the site(s) for the
performance of work done in crnmoction with the specific grant:
place of Performance (Stmt address, city, county, state, zip coda)
Chcck ~ if there are workplaces on file that ate not identifiexl here:.
The certification with regard to the drug-fret workplace is required by 24 Cl?R part 24, subpart F.
7. Defiaitions of terms in the Nonprocw•emart Suspension and 13obatatant
. common Wile and Drug-pree Workplace eammort rule apply to this
certification. C,rantees' attention is called, in particular, to the follovt~ing
definitions Pram these rules:
"Controlled substance" means a controlled substance in Schedules I through V of the
Controlled Substatras Act (21 U.S.C. 6121 and as further defined by
regulation (21 Celt 1308.11 through 1308.15);
"Conviction" mesas a fording of guilt (including a plea of nob contenders) or
imposition of seateace, ar both. by +u-Y ju+ticial body chareod with the
reaportsibility tv detam'ine violatiooaa of @re Federal at State criminal
drug statutes;
"Criminal drug statute" tnesns. a Federal or non-);oderal criruirral statute involving the
manufacture, distn'butioa, dispensing, use, a possession of any
controlled substance;
"Employee" means the employee of a grantex directly engaged in the performance cif
work under a grant, including: (t~ All "direct charge" employees; (ii) all
"indirect charge" employees unless their impact ar involvement is
insignificant to the parfotmanee of the genet; and (iii) temporary
peraonrtel a:td oouasultenta who tiro directly engaged in the perfotxnfu~ce
of work tundek the grant and who art; On tltt grantee's payroll. Thts
definition does not inctudo workers not oe the payroll of this grantoa
(e.g., vdlutrteers, even if used to most a matching requirement;
consultants or indepe}ident cormractore nc~t on the granliee's payroll; or
employees of subrecipierrts oz subeontrastors in covered workplaces).
EXHIBIT F
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 OMB Circulars. Specifically CORPORATION
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 conforrr~ity with "Public Law 88.352 and Public Law
90-284.
570.601. Public Law 88-352 and Public Law 90-284; affirmatively furthering fair
housing; Executive Order 11063, as amended by Executive Order 12259 addresses
discrimination. HUD regulations implementing Executive Order 11063 are contained in
24 CFR, Part 107.
2. 570.602. Section 109 of the Act addresses discrimination.
3. 570.603. Labor Standards.
4. 570.604. Environmental Standards.
5. 570.605. National Flood Insurance Program.
6. 570.606. Relocation, Displacement and Acquisition.
7. 570.607. Employment and Contracting Opportunities.
8. 570.608. Lead-Based Paint.
9. 570.609. Use of Debarred, Suspended, or I~ieligible Contractors or Subrecipients.
10. 570.610. Uniform Administrative Requirement and Cost Principles. The COUNTY, its
Subrecipients, agencies or instrumentalities. shall comply with the policies, guidelines,
and requirements of 24 CFR Part 85 (Common 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 Governments-implemented at 24 CFR, Part
24), and A-133 (Audits of Institutions of Higher Education and Other Non-Profit
Institutions), as applicable, as they relate to the acceptance and use of Federal funds
under this part. The applicable sections of 24 CFR, Part 85 and OMB Circular A-100 are
set forth at 570.502.
EXHIBIT F-ASSURANCES 1 REVISED 11/15/00
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.
wg/fy2000/O1/files
contracts/assurrances
EXHIBITF-ASSURANCES 2 REVISED 11/1a~00
B-2 (HCD-O)
EXHIBIT G
INSURANCE REQUIREMENTS FOR
NON-CONSTRUCTION /NON-PROFESSIONAL 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 oi~this Agreement by Contractor and/or its agents,
employees or sub-contractors, excepting only loss, :injury or damage caused by the sole negligence
or willful misconduct of personnel employed by th.e 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 o~f the County, the Contractor shall provide and
maintain at its own expense, during the term of tihis Agreement, or as may be further required
herein, the following insurance coverages and provi~;ions:
A. Evidence of Coveraee
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of
Insurance certifying that coverage as required herein has been obtained. 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 requesting County department, unless
otherwise directed. The Contractor shall nit receive a Notice to Proceed with the work
under the Agreement until it has obtained all insurance required and such insurance has been
approved by the County. This approval of insurance shall neither relieve nor decrease the
liability of the Contractor.
B. Qualifying Insurers
All coverages, except surety,. shall be issued by companies which hold a current policy
holder's alphabetic and financial size category rating of not less than A V, according to the
current Best's Key Rating Guide or a company of equal. financial stability that is approved
by the County's Insurance/Risk Manager.
EXHIBIT G
B-2 (HCD-O)
C. Insurance Required
1.
2.
3.
Commercial General Liability Insurance -for bodily injury (including death) and
property damage which provides limits as follows:
a. Each occurrence - $1,000,000
b. General aggregate - $2,000,000
c. Products/Completed Operations aggregate - $2,000,000
d. Personal Injury - $1,000,000
A minimum of 50% of each of the aggregate limits must remain available at all
times unless coverage is project specific.
General liabili , coverage shall include:
a. Premises and Operations
b. Products/Completed
c. Contractual liability, expressly including liability assumed under this
Agreement.
d. Personal Injury liability
e. Owners' and Contractors' Protective liability
f. Severability of interest
General liability coverage shall include the following, endorsements, copies of
which shall be provided to the County:
a. Additional Insured Endorsement:
Insurance afforded by this policy shall also apply to the County of Santa
Claza, and members of the Board of Supervisors of the County of Santa
Claza, and the officers, agents, and employees of the County of Santa Claza,
individually and collectively, as additional insureds. Such insurance shall
also -apply to any municipality in which the work occurs and they shall be
named on the policy as additional insured (if applicable).
2
B-2 (HCD-O)
b. Primary Insurance Endorsement:
EXHIBIT G
Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by the County of Santa
Clara, its officers, agents, and employees shall be excess only and not
contributing with insurance ~~rovided under this policy.
c. Notice of Cancellation or CI'~ange of Coverage Endorsement:
Insurance afforded by this policy shall not be canceled or changed so as to
no longer meet the specified County insurance requirements without 30
days' prior written notice of such cancellation or change being delivered to
the County of Santa.
d. Contractual Liability Endorsement:
Insurance afforded by this policy shall apply to liability assumed by the
insured under written contract with the County of Santa Clara.
4. Automobile Liability Insurance
For bodily injury (including death) quid 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.
5. Workers' Compensation and Emplo~~er's Liability Insurance
a. Statutory California Worker:;' Compensation coverage including broad form
all-states coverage.
b. Employer's Liability coverage for not less than one million dollars
($1,000,000) per occurrence.
c. Coverage under the United States Longshoremen's and Harbor Workers'
Act shall be provided when ~ipplicable.
D. Special Provisions
The following provisions shall apply to this Agreement:
The foregoing requirements as to th.e types and limits of insurance coverage to be
maintained by the Contractor and arty approval of said insurance by the County or
its insurance consultant(s) are not ir.~tended to and shall not in any manner limit or
qualify the liabilities and obligations otherwise assumed by the Contractor pursuant
EXHIBIT G
B-2 (HCD-O)
to this Agreement, including but not limited to the provisions concerning
indemnification.
2. The County acknowledges that some insurance requirements contained in this
Agreement may be fulfilled by self-insurance on the part of the Contractor.
However, this shall not in any way limit liabilities assumed by the Contractor under
this Agreement. Any self-insurance shall be approved in writing by the County
upon satisfactory evidence of financial capacity. Contractors obligation hereunder
may be satisfied in whole or in part by adequately funded self-insurance programs
or self-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.
B-2 (HCD-O)
Revised 12/11/00 -all owned auto
EXHIBIT H
DECLARATION 01= CONTRACTOR
(to be completed bx all ape I or Type II contractors)
A. [x] This is a Type I service contract under the Board of Supervisor's Resolution on
Contracting Principles. If this box is checked, please complete the following:
Type I Category:. Section II C.6.
Explanation: -Contract with other public agencies
B. [ ] This is a Type II contract under the Board of Supervisor's Resolution on Contracting
Principles.
C. To be completed by Contractor:
The contractor currently has other County Contracts for the same or similar services:
[ ] Yes
No
If Yes is checked, please list and describe contracts, types and dollar amounts.
D. I am authorized to complE
C r' ~ d.~
have used due ence
herein is comp) e a d acc
Signature: L
Name:
Title:
rt:~ (name of contracting entity).
ng tfjis information, and this information contained
Contractor : sitTnf ~u~.eYt ~ no
Date: 2/5/03
this form on behalf of
Contracts #3
99/00 City/County Contract
grg/9/15/99
CONTRACT PROVISIONS TO IMPLEMENT THE
TERMS OF THE RESOLUTION 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 of Supervisors on October 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 rules, regulations, and laws.
b. Contractor shall maintain financial records adequate to show that County
funds paid under the contract were used for purposes consistent with the terms of the
contract. 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 grounds of noncompliance with this Section, and the opportunity to respond and
discuss the County's intended action.
,,
2
Type 1 Contracts/Exh I - p. 2
Contracting Principles
7/19/99
URBAN COUNTY HOUSING REHABILITATION SERVICES
EXHIE3IT I
Description: The Santa Clara County Housing Rehabilitation Program provides services
to the City/Town. The County shall provide a I~lrge range of housing rehabilitation services
including application processing, bid process, loan preparation, construction monitoring
and loan servicing. (See attached Santa Clara County Housing Rehabilitation Program
Guidelines.)
RESPONSIBILITIES OF THE COUNTY
1. Review client's application, verify that client's property is located in the appropriate
jurisdiction and make a preliminary determination regarding income eligibility in
accordance with most current income guidelines determined by Federal Department of
Housing and Urban Development for Santa Cl~~ra County.
2. Continue to process application, order credit report and preliminary title report,
schedule termite inspection and conduct an Minor Rehabilitation Environmental Review
(MRER) of the property in accordance with NEPA requirements, as applicable.
3. Schedule and meet with the Loan Review Committee to discuss client's application,
income status and proposed work scope. Advise client of the final decision regarding
approval/disapproval and loan terms. (See attached Santa Clara County Housing and
Community Development Loan Committee Policies and Procedures.)
4. Inspect property to assist client in assessing and designing needed property
improvements in order to bring the property in t;onformance with local building and
housing codes, as well as prepare a Project Cc>st Estimate (scope of work) detailing the
proposed work items and cost estimates.
5. Review work write-up with the client. Invite contractors to submit written bids based on
approved scope of work. Review bids with client and assist client in selecting the
responsible bidder who submits the lowest price bid. Verify that selected bidder complies
with all insurance and licensing requirements.
6. Prepare all loan documents for signature and recordation as appropriate, such as
Deeds of Trust, Promissory Notes, Notices of Ftight to Cancel, Truth in Lending
Disclosure Statements, Requests for Notice and Owner Participation Agreements, etc.
agmt.hsg.rehab.-exibit 1 11!27/01
7. Assist client in finalizing construction contract documents and authorize
commencement of work. Review construction work in progress for compliance with
project specifications and conformance with all applicable codes, etc. when formally
inspected by local/county building offices. Authorize change orders and progress
payments up to 90% of contract price to contractor with property owner's approval.
8. Perform final inspection and authorize final payment to contractor after receipt of
finaled building permit, mechanic's lien releases, contractor's affidavit and any applicable
warranties or guarantees and any manufacturer's informational materials. Record Notice
of Completion. After 35 days from date of recordation, verify that no unreleased, recorded
mechanic's liens have been recorded and release the withheld 10% retention to the
contractor.
9. Provide client with a Housing Rehabilitation Evaluation Questionnaire for completion
and return to the County Program Manager.
10. Maintain client file, ensure client's ongoing adherence to hazard insurance
requirements, issue final letter to client documenting all rehabilitation costs, change orders
and final loan amount.
11. Clarify any warranty or guarantee issues.
12. Provide City/Town with written Quarterly Report including financial on project
accomplishments.
13. All "program income" generated from loan payoffs shall be deposited, accounted for
and tracked individually for each jurisdiction and shall fund future housing rehabilitation
projects only in such jurisdiction.
RESPONSIBILITIES OF THE CITY/TOWN
1. Distribute Housing Rehabilitation Brochures or flyers to various locations frequented by
the general public.
2. Publish an advertisement at least four times annually informing the residents of the
existence of the Housing Rehabilitation Program and its basic eligibility requirements and
how to contact the program.
agmt.hsg.rehab.-exibit I 11/27/01 2
3. Run a public service advertisement on the local public access television station at least
twice annually describing the Housing Rehabilitation Program.
4. Refer pre-screened call-in or walk-in client; who appear to meet basic program criteria
to the Housing Rehabilitation Program. Clients that have applied and withdrawn shall be
processed as new applicants after a period of six months from date of the previous
application.
5. Upon execution of the contract by designated City and County officials, the City/Town
shall make a lump sum transfer of $200,000.00 from the Revolving Housing Rehabilitation
Loan Fund to the Santa Clara County Housing Rehabilitation Program to be applied to
project costs for four (4) new projects.
6. Upon execution of the contract by designated City and County officials, the City/Town
shall transfer $20,000.00 from City/Town's CC)BG funds to the County for Housing
Rehabilitation Services for staff costs to fully execute (4) four new rehabilitation loans
during the program year specified by the attached contract.
7. If the agreed upon number of four (4) loans is exceeded and upon mutual agreement
between the County and the City/Town, the City/Town shall transfer to the County
$2,500.00 for any project completed from initial application through bid opening and an
additional $2,500.00 for any project completed through project closeout. The same shall
apply to any project that is discontinued by the client.
8. In the event that County staff is required to exceed the prescribed responsibilities set
forth herein, the City/Town shall compensate tl~e County for professional staff work at the
rate of $60.00 per hour per professional staff member.
CDBG funding amount $20,000.00
Unduplicated clients 4
Cost per year per client $5,000.00
Total Program Budget ;$20,000.00
agmt.hsg.rehab.-exibit 111/27/01
SANTA CLAF~A COUNTY
COOPERATIVE HOUSING REHABILITATION PROGRAM
GUIDEILINES
INITIAL APPLICATION
• Mail or deliver application packet to property owner with
explanation of basic program objectives and procedures
(see attached Guidelines).
• Review client's application and verify household income,
household size, applicant's age, credit history, and other
information pertaining to loan processing.
• Obtain applicant's authoriz~ition to gather financial
information. and order Credit report.
• If applicant is willing to continue and eligibility seems
likely, order preliminary titlE~ report.
• Order Structural/Pest Control report, if applicable.
APPLICABLE DOCUMENTS
• Application Form
• Authorization Form
• Request For Information Form
• Informational Brochures
• Environmental Review Form
INITIAL INSPECTION
• Meet with property owner, ;end inspect the property for
conformance with building, f~ousing, and health codes.
Explain to property owner what type of repair work is
eligible (ie.. Health and Safety Items), and what type is
considered General Property Improvements. Termite inspection
report will be incorporated into the work write-up.
REHAB PROCEDURES-2000 1
• Based on initial inspection, order design work, engineering
work, or additional professional inspections, if
necessary.
• Prepare Work Write-up including specifications and
preliminary cost estimates.
III. PREPARATION. OF CONSTRUCTION SPECIFICATIONS
• After approval of preliminary Spec List and cost estimates
by property owner, prepare final specifications.
• Explain bidding procedures to property owner.
I V . LOAN PROCESSING
• Take project information to loan committee members
for their review and approval.
• Inform applicant of approval or denial and exact
conditions and terms of rehabilitation loan.
V . BIDDING PROCEDURES
• Prepare contractor's bid package and send it to appropriate
number of contractors from list of improved bidders.
Approved bidders have demonstrated that they meet the
following minimum program requirements:
1. Liability insurance;
2. Workers Compensation .Insurance;
3. Contractor's license currently in good
standing;
4. Proof of solvency;
5. References checked for related work.
• Establish bidding period and bid due date/time.
REHAB PROCEDURES-2000 2
• Mail bid invitations and packages to contractors.
• Inform property owner that during a given period,
(usually one week) contractors will be calling to make
appointments for site inspE~ctions; or, in cases of
property owners who need assistance, an open house is
scheduled for a given afternoon and contractors are
allowed site inspection at that time only.
• Hold bid opening at pre-dE~termined time, date, and location.
• Review bids for program. compliance and mathematical
accuracy.
• Review responsible bids with property owner and contractor
is selected by owner. Property owner is allowed to choose
any bid which is within a 10% range of Rehab Specialist's
estimate, or the lowest bidder.
APPLICABLE DOCUMENTS
• Invitation ~~o Bid
• Instruction:; to Bidders
• Bid Docum~snt
• Work Write-up with Estimates
• Bidder's C2ualifications
•Addenda
VI.
LOAN CLOSING
• Prepare loan documents ba:>ed on accepted bid amount,
contingency amount, design costs, inspection costs,
appraisal costs, title fees, and other necessary costs.
• Obtain property owner's initials on loan fact sheet.
• Prepare contract between property owner and contractor
based on accepted bid amount. Contract includes total
construction costs and projected dates for beginning and
end of construction.
• Meet with property owner for signing of loan documents.
Concurrently, contractor sicfns construction contract and
REHAB PROCEDURES-2000 3
any other relevant documents.
• Record appropriate documents and issue notice to
proceed to contractor.
• Hold, if necessary, apre-construction conference with
property owner and contractor present at work site.
APPLICABLE DOCUMENTS
• Deed of Trust
• Promissory Note
• Truth In Lending Statement
• Right of Rescission
• Addenda
• Statement of Information
VII . CONSTRUCTION MONITORING
• Make twice weekly or more often site visits to ensure
compliance with specifications and program guidelines.
• Perform the following services as necessary:
1
2.
3.
4.
5.
6.
7
REHAB PROCEDURES-200
Resolve questions between property owner
and contractor;
Execute written change orders when
applicable;
Process contractor's payment requests;
Co-authorize payments with owner, as
applicable;
Perform final inspection and prepare "punch
list" as applicable;
Obtain copy of signed final building permit;
Obtain and record notice of completion,
signed by property owner.
0 4
APPLICABLE: DOCUMENTS
• Contract Award
• Contract P,greement
• Lead Base Paint Notification
• Notice To I~roceed
• Progress Payment Request
• Change Orders
• Final Inspection Report
V I 1 I . PROJECT CLOSEOUT
• Obtain lien releases from contractor for subcontractors
and material suppliers.
• Review County Recorder's records for any construction
related liens attached to ~-roperty.
• Assist owner in obtaining ~~ny warranty or guarantee
documents or materials, from contractor.
• Issue final payment to contractor after all conditions
are met and designated waiting period has expired.
Waiting period is 35 days after notice of completion
is recorded.
• Mail Project Evaluation form to property owner.
APPLICABLE DOCUMENTS
• Notice of Completion
• Certificate of Final Inspection
• Lien Relea;~e Forms
• Roof and C)ther Warranties
• Contractor's Affidavit
• Project Evaluation Form
REHAB PROCEDURES-2000 5
SANTA CLAR.A COUNTY
HOUSING AND COMMIJNITY DEVELOPMENT
LOAN COMMITTEE
POLICIES AND PROCEDURES
Purpose
The purpose of the Santa Clara County :Housing and Community Development
(HCD) Loan Committee is to evaluate loan applications and approve loan terms for
projects that have been recommende~~ by the Housing and Community
Development Program.
Committee Objectives
1. Review and approve/reject all applications for rehabilitation loans in a
timely manner.
2. Assure that all loans approved are in conformance with all appropriate
Federal, State, or local requirements.
3. Provide housing rehabilitation loans to clients most in need of
assistance.
4. Approve loans with the most effective mix of available funding
sources.
Committee Membership and Terms of Service
The Loan Committee is composed of three (3) County staff appointed by the County
Executive. There is no limit to the length of tenure in the position and the
members serve at the discretion of the County Executive. The desired expertise for
committee membership includes knowledge of Federal, State, or local housing
programs, awareness of local affordable housing needs, and financial procedures in
real estate transactions.
Committee Staffing
HCD staff provides technical assistance anal staff support to the Loan Committee.
Specific HCD staff support members are the HCD Program Manager and Housing
Rehabilitation Coordinator. Other HCD staff provide additional committee support
as needed.
-1-
Steps To Review Loan A.Rplications
1. Evaluate the reasonableness presented on the loan application and
assure the appropriate use of funds.
2. Set terms and conditions for loans in the unincorporated County, City
of Cuperinto, City of Los Altos, Town of Los Altos Hills, Town of Los
Gatos and City of Saratoga.
3. Review and approve loan subordination agreements .
4. Approve/reject specific loan applications and set repayment terms, due
dates, and interest rates.
5. When appropriate, make recommendations to the Santa Clara County
Board of Supervisors for final approval of loan transactions.
Meetings
o-
The Loan Committee meets on an as-needed basis. Meetings are scheduled when
there are approximately two (2) or more loan applications to be reviewed and
processed.
Committee Chairperson
The Loan Committee has one chairperson appointed by consensus of the committee
membership. Currently, the chairperson's term is indefinite.
Committee Decision Making Process
All Loan Committee decisions will be reached by consensus, if possible. If a decision
cannot be reached by consensus, the Loan Committee will decide the issue by
majority vote.
Committee Documentation
Regular minutes will be maintained regarding the actions of each Loan Committee
meeting. HCD staff will be responsible for transcribing and typing the meeting
minutes and distributing them to the Loan Committee members and all affected
juristictions. The Chairperson will approve all actions approved during a Loan
Committee meeting by signing a copy of the approved minutes.
-2-
Basic Loan Policies
1. All loan applications and requests will be considered on a first-come
first-serve basis. However, priorities will be considered in cases of great
need or urgency as defined by each funding source guideline.
Need includes factors such as income, age and physical condition of
client, overcrowding and any existing health or safety issues. Urgency
includes any factor that presents a serious health or safety threat.
The Loan Committee will follow basic funding source (CDBG, ESG,
HOME, etc.) guidelines in judging a project or client's suitability for
loans.
2. All loans will be distributed in a manner assuring 100% low income
(80% of County median income) or very low income (50% of County
median income) benefit except where the funding source guideline (i.e.
CALDAP) instructs otherwise.
3. All loans to homeowners foi~ single family residential rehabilitation
(i.e. unincorporated County, City of Cupertino, City of Los Altos, Town
of Los Altos Hills, Town of iLos Gatos and City of Satatoga) will be
awarded as shown on the attached Housing Rehabilitation Loan
Opportunities chart. The loan can be deferred at 0% or 6% annual
percentage rate (APR) or am~~rtized at 0% or 3%. The length of the
loan will be 15 years unless some special exception is justified.
4. Other loans such as loam; to Non-Profits for acquisition and
rehabilitation of an existing :structure for the purpose of creating or
maintaining low cost housin;; will not have a specific loan amount
limit. Unless a case for an ex~:eption can be made, the loan terms will
be 6% APR if the loan is deferred and 3% if the loan is amortized. The
length of the loan will be 30 ~~ears unless an exception is necessary to
assure the long term affordability of the rents or viability of the project.
All of the loans are secured by a deed of trust.
5. All loans, be it acquisition rind rehabilitation, new construction, or
acquisition only, shall be submitted to the Loan Committee for review.
The Loan Committee has the option to establish the terms of the loan
or to recommend that the applicant request a grant from the Board of
Supervisors.
lrc.pol & pro.9/13/96
-3-
Exhibit A
A ` licant/A enc Project
Cupertino Community Services CU-03-31
A enc Address Project Name=
10185 N. Stelling Road Rotating Shelter Program
Cupertino, CA 95014 _
Project Address
Cit
wide at
artici
atin
churches
-
A enc Phone y
p
p
g
_
(408) 255-8033
A enc -FAX
(408) 366-6090
-__- -_.
Project Description
Provide shelter to 60-65 guests a year at 11 host churches. Participating churches
host the shelter for 30 days. Churches in Cupertino, Sunnyvale and Saratoga
participate.
EXHIBIT A
CITY OF CIJPERTINO
PROJECT PROPO:iAL COVER PAGE
General Information
Name of Applicant Program Year
CUPERTINO COMMUNITY SERVICES, INC. 2001-2002
Contact Person Title Project Number (For Office Use Only)
ERICA MAYER PROGRAM COORDINATOR
Address City State Zip Code
10185 N. STEELING ROAD CUPERTINO CA 95014
Telephone Number F'ax Number
408 255-8033 ,408 366-6090
Name of Project/Program
CUPERTIN~O ROTATING SHELTER PROGRAM
10185 N. STEELING ROAD, CUPERTINO
Project Type
Single Family Homeownership
New Construction
Mixed Use
Multifamily Rental
Rehab
x Public Service
Project Description
Please describe the project with as many details as possible. Include general information, such as the
iiuniuCr u~ uni~s, numoer or ~upernno resioents.that will be served, services that will be provided, etc.
Cupertino Community Services, Inc. (CCS), in collaboration with the Faith in Action Group, began
operation of the Rotating Shelter Program in August, 1991. The Shelter Program provides shelter, meals
and a wide variety of services to Shelter guests. As the name implies, the Shelter rotates between host
congregations on a monthly basis. The hosts and additional participating congregations and community
groups bring hot meals to the shelter every night. They also supply food for breakfast and lunch. The
goal of the Shelter Program is to assist homeless individuals achieve and maintain gainful employment
and permanent housing. The Shelter Program can accommodate as many as 15 guests a night, for an
approximate length of stay up to 90 days.
Each applicant applying to become a Shelter guest is carefully screened. The two mandatory qualifications
for acceptance into the Shelter are: 1) The applicant must be alcohol and drug-free; and 2) The applicant
must be ready and willing to seek, find and keep full-tune, gainful employment, set aside funds for move-in.
costs, and secure permanent housing. All applicants are considered to be very low income. They are ',
referred to CCS from agencies such as Sunnyvale Community Services, United Way, Salvation Army,
,Veteran's Administration, other shelter programs, outreach and the shelter hotline.
To improve each guest's chances of obtaining employment and housing, a private voice mailbox is
assigned to each person entering the Shelter Program. They can receive mail addressed to them at the
CCS office. Medical and dental services are available ':o guests from the local professionals at discounted
rates of free of charge. The Northwest YMCA offers frE;e membership to each program participant. This
privilege allows guests the opportunity to shower, work. out and relax. A Program Manager develops a
transitional housing plan for each guest. Participants rneet weekly with the Case Manager on an individual
basis to discuss their progress. A house meeting is held weekly to discuss at the group level any issues
that need to be resolved.
Cupertino Community Services along with the particip~rting faith congregations and local businesses
make the Rotating Shelter Program a high quality, cost effective solution to the rising homeless
5
EXHIBIT B
Agency Name: Cupertino Community Services, Inc.
Project Work Plan
Fiscal Year 2001-2002
Project Name: Cupertino Rotatinf; Shelter ProP;ram Project #:
For Office Use Only
Date Prepared: February 9~', 2001
-Santa Clara County HCD
Responsible staff person(s) and
approximate percentage of time charged
to this activity
Program Manager (75%)
Shelter Supervisor (100%)
Executive Duector (15%)
Program Coordinator (15%0
Office ManagerBookkeeper (15%)
Receptionist (15%)
Activity for period
2001-2002
Annually
• Conduct intake and assessment of applications
• Provide referrals
• Process applicants for admission
• Provide ongoing case management
• Provide shelter and food
• Provide overnight supervision
• Provide support and referral for guest to gain
employment
• Coordinate and meet with shelter host faith
groups, Faith in Action
• Solicit community resources for guests
(work clothes, medical care, counseling, etc.)
• Provide support services:
• Volunteer coordination
• Community outreach
• Community relations
• Analyze case records, maintain program statistics
and produce reports
• Provide operational and administrative support
Products or milestones
• 150 homeless people will receive general
assistance and.referrals
• 80 homeless men will receive shelter,
food, case management, etc.
• 90% will find employment
• 65% will find stable housing
• 30 community groups and congregations
will provide over $152,000 worth of
food, volunteer support and space
• Provide approximately 4,500 individual
meals, shelter space and ongoing
supervision and case management
(approximate daily cost per person
$27.70)
6
EXHIBIT C
Proposed Implementation Time Schedule
Fiscal Year 2001-2002
Agency Name: Cupertino Community Services, Inc.
Project Name: Cupertino Rotating Shelter Program Project #:
For Office Use Only
Date Prepared: February 9~', 2001
Santa Clara County HCD
Specific Activities JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUN
Screen and interview applicants X X X X X X X X X X X X
Maintain daily Shelter operations X X X X X X X X X X X X
Monitor progress of guests X X X X X X X X X X X X
Coordinate with volunteer congregations X X X X X X X X X . X X X
Develop iob leads for uuests X X X X X X X X X X X X
Follow up monitoring of former guests X X X X X X X X X X X X
Evaluate program and modify X X X X
Can this workload be incorporated into the on-going workload of the applicant and successfully be implemented according to this schedule? YES
Schedule approved by: Jaclyn Fabre Title: Executive Director Date: February 9`h, 2001
EXHIBIT D
Agency Name: Cupertino Community Services, Inc.
BUDGET
Fiscal Year 2001-2002
Date Prepared: February 9~', 2001
Project Name: CuQertino Rotati>~ Shelter Program
Project #:
For Office Use Only
Santa Clara County HCD
MAY JUN
LINE ITEM JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR
SALARIES
25 7925 7925
Personnel-Total Budget
Cupertino Share 7925
1736 7925
1736 7925
1736 7925
1736 7925
1736 7925
1736 7925
1736 7925
1736 7925
1736 79
1736
1585 1736
1585 173"
158
,
Benefits-Total Budget
Cupertino Share 1585
347 1585
347 1585
347 1585
347 1585
347 1585
347 .1585
347 1585
347 1585
347 347 347 .
349
3595
OFFICE EXPENSE 3595 3595 3595
Rent
PhonelFAX
Printing
Travel
Utilities
PROJECT EXPENSES
Accounting Services
Auditing Fees
Insurance
Davis-Bacon Compliance
PROJECT CONSTRUCTION
Appraisal
Engineering Services
ArchitecturaUDesign
Acquisition
Site investigation
Exhibit A
A licant/A enc Project
Cupertino Community Services CU-02-31
A enc Address T - Project Name
10185 N. Stelling Road CC~i-Rotating Shelter Program
Cupertino, CA 95014 Project Address
City-wide at participating churches
A enc Phone _
(408) 255-8033_
A enc FAX -__
------
(408) 366-6090
-- - __
Project Description
_- __ _-
Provide shelter to 60-65 guests a year at 11 host churches. Participating churches
host the shelter for 30 days. Churches in Cupertino, Sunnyvale and Saratoga
participate.
EXHIBIT A
PROJECTPROPO~~AL COVER PAGE
General Information
Name of Applicant Program Year
CUPERTINO COMMUNITY SERVICES, INC. 2002-2003
Contact Person Title Project Number (For Office Use Only)
ERICA MAYER Director of Housing Services
Address City State Zip Code
10185 N. STEELING ROAD CUPERTINO CA 95014
Telephone Number Fax Number
408 255-8033 408 366-6090
Name of Project/Program
CUPERTINO ROTATING SHELTER PROGRAM
Location
10185 N. STEELING ROAD, CUPERTINO
Project Type
Single Family Homeownership New Construction Mixed Use
Multifamily Rental Rehab x Public Service
Project Description
Please describe the project with as many details ~~s possible. Include general information, such
as the number of units, number of Cupertino residents that will be served, services that will be
provided, etc.
CCS, in collaboration with 11 churches and 1 synagogue, provides shelter, food and case
management to homeless men. The shelter rotates from church to church on a monthly basis. An
additional group of 50 congregations, community groups and service clubs provide evening meals
and food for breakfasts and lunches. CCS provides operational support, including intensive case
management and overnight supervision. The Rotating Shelter offers a safety net where guests can
have a place to stay while they look for employment, permanent housing or build up a cash reserve.
The goal of the program is to promote long-term stat~ilization for currently homeless individuals
The objectives of the Rotating Shelter Program are:
• provide a safe and supportive environment for homeless individuals
• assist guests so that they can gain financial arnj personal stability
• assist guests to find stable housing.
The Rotating Shelter serves homeless men from the West Valley areas, including Cupertino,
Sunnyvale, Los Gatos, West San Jose, and Saratog~~. Many are very low and low income.
Applicants are carefully screened so that they can bey a part of the supportive environment.
Applicants must be seeking jobs or are already working or going to school. They must also be
alcohol and drug free.
The shelter can house up to 15 men every night, each can stay up to 90 days. The shelter serves
approximately 85-90 men annually.
• 80 homeless men will receive shelter, food, and ~:ase management
• 80% will find and/or maintain employment during their stay at the shelter
• 60% will find stable housing upon leaving the shE:lter
5
EXHIBIT B
Project Work Plan
Fiscal Year 2002-2003
:~;~:~~~:~~ Name: Cupertino Community Services, Inc.
f ~~ ujcc~ I~iame: Cupertino Rotating Shelter Program
Project #:
For Office Use Only
Date Prepared: February 19`x', 2002
Santa Clara County HCD
responsible staff person(s) and
.~l;pr•c~aima~e percentage of time chatrg~ed
to this activi
Program Manager (75%) •
Shelter Supervisor (100%)
•
•
Executive Director (15%)
Director of Housing Services (15%)
OfFice Manager/I3ookkeeper (15%)
Receptionist (15%)
Activity for period
Zoos-aoo3
Annually
Conduct intake and assessment of applications
Provide referrals
Process applicants for admission
Provide ongoing case management
Provide shelter and food
Provide overnight supervision
Provide support and referral for guest to gain
employment
Coordinate and meet with shelter host faith
groups, Faith in Action
Solicit community resources for guests
(work clothes, medical care, counseling, etc.)
• Provide support services:
• Volunteer coordination
• Community outreach
• Community relations
• Analyze case records, maintain program statistics
and produce reports
• Provide operational and administrative support
Products or milestones
• 150 homeless people will receive general
assistance and referrals
• 80 homeless men will receive shelter,
food, case management, etc.
• 80% will find employment
• 60% will find stable housing
• 30 community groups and congregations
will provide over $152,000 worth of
food, volunteer support and space
• Provide approximately 4,500 individual
meals, shelter space and ongoing
supervision and case management
(approximate daily cost per person
$25.11)
6
E~I~IBIT C
Proposed Implementation Time Schedule
Fiscal Year 2002-2003
Agency Name: Cupertino Community Services, inc.
Project Name: Cupertino Rotating Shelter Program Project #:
For Office Use Only
Date Prepared: February ] 9`~', 2002
Santa Clara County HCD
Specific Activities JUL AUG SEPT OCT NOV DEC JAN I'EB MAR APR MAY JUN
Screen and interview applicants X X X X X X X X X X X X
1`,%taintain daily Shelter operations X X X X X X X X X X X X
I''~I~~nitor progress of guests X X X X X X X X X X X X
'~;~~rdiuate with volunteer. congregations X X X X X X X X X X X X
I ~,,~-~ic,h jc~h leads for guests
_._. X X X X X X X X X X X X
l~,;il,;~~~ lip n~oniioring of former guests X X X X X X X X X X X X
i l:~-~;lliatu program and modify
~ _ ---- - X X X X
i_,ar, this workload be incorporated into the on-going workload of the applicant and successfully be implemented according to this schedule? YES
Sclicciule approved by: Jaclyn Fabre Title: Executive Director
Date: February 19`l', 2002
s
EXHIBIT D
BUDGET
Fiscal Year 2002-2003
Agency Name: Cupertino Community Services, Inc.
Date Prepared: FeUruary 19`x', 2002
Project Name: Cupertino Rotating Shelter Program Project #:
For Office Use Only
Santa Clara County IICD
LINE ITEM JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY .TUN
SALARIES
Personnel-Total Budget 1,812 1,812 1,812 1,812 1,812 1,812 1,812 1,812 1,812 1,812 1,812 1,812
Benefits-Total Budget 271 271 271 271 271 271 271 271 271 271 271 271
OFFICE EXPENSE
Rent
Phone/FAX -
Printing
Travel
Utilities
PROJECT EXPENSES
Accounting Services
Auditing Fees
insurance
Davis-Bacon Compliance
i't:i).TI/CT CONSTRUCTION
----Appraisal
i=.rlgineering Services
_ . --
Architectural/Design
=~ c,iuisition
~ . __-_
~itc; investigation
Exhibit A
A licant/A enc - Project;'#
Senior Adults Legal Assistance CU-03-33
A enc Address: Project Name
160 E. Virginia Street, Suite #260 Senior Adults Legal Assistance
San Jose, CA 95112 Project Address
Cupertino Senior Center
A enc Phone 212;11 Stevens Creek Boulevard
(408) 295-5991 Cupertino, CA 95014
A enc FAX
(408) 295-7401
Project Description
Provide free legal services to Cupertino residents age 60 or older. Goal is to serve
65 clients annually.
EXHIBIT A
General Information
Name of Applicant: Senior Adults Legal Assistance (SALA.) Program Year: 2002-2003
Contact Person: Georgia Bacil Title :Directing ,Attorney Project Number (For Office Use Only)
Address: 160 E. Virginia Street #260 city: San Jose state: CA Zip Code: 95112
Telephone Number:
(408) 295-5991 Fax Number:
(408) 295-7401 E-mail Address:
gbacil@sala.org
Name of Project/Program: Legal Assistance to Cupertino Elders
Location: Cupertino Senior Center, 21251 Stevens Creek Blvd. Cupertino, CA 95014
Project Type: ^ Single Family ^ Homeownershi
p ^ New Construction ^ Mixed Use
^ Multifamil ^ Rental ^ Rehabilitation Public Service
Project Description
Please describe the project with as many details as poss'~ble. Include general information, such as the number of
u~~~~~, ~~u~~~~G~ ~~ ~~ Ciunu iGSiuenis gnat will oe serves, services tnat wnl be provloed, etc.
SALA is anon-profit law office that provides free legal services to Santa Clara County residents age 60 or older, with
an emphasis upon those who are low income or in social need. SALA's staff of 5 attorneys and 1 paralegal have expertise
in problems common to our target population. SALA's legal staff is augmented by 10 volunteer intake workers who assist
with client interviews at senior centers and by 15 pro bono attorneys who provide Simple Wills through SALA's No Fee
Wills Panel. Legal services (in the form of advice/referrals, consultations, representation, and community education) are
provided in the following areas: Public Benefits (Social Security, SSI, Medicare, Medi-Cal, In Home Supportive
Services); Elder Abuse; Nursing Homes; Advance Health Came Directives; Consumer; Housing; and Simple Wills.
SALA has served Cupertino seniors since 1979. From 1997-98 through 2001-2002, support from Cupertino's CDBG
program enabled SALA to increase our number of half-hour <<ppointments at the Cupertino Senior Center from 4 monthly
(the 1996-971eve1) to 10 monthly (the 2001-20021eve1). CDI3G funds are requested for 2002-2003 to maintain SALA's
current expanded service levels at the Cupertino Senior Center. SALA also proposes to continue home visits to Cupertino
', elders who are homebound or institutionalized. Clients with urgent legal problems will also be served on an "emergency"
basis by telephone. Cupertino elders who appear at SALA int;~ke sites in other cities will also be served.
Prior to 1997-98, the waiting time for a SALA appointment at the Senior Center was 2 months or longer. As a result,
only 42% of the Cupertino clients served by SALA from JanL.ary to June 1997 were seen at the Cupertino Center, 16%
were served by telephone, and the remainder (42%) had to travel to a SALA intake site in another city. The continued
expansion of SALA's services for 2002-2003 will enable more Cupertino elders to be served locally instead of being
forced to seek services at other SALA sites or forgoing services altogether because of transportation barriers to these sites.
The long waiting time for a SALA appointment at the Cupertino Center will also be reduced. Since the initial service
expansion in July 1997, approximately 75% of the Cupertino elders served were seen at the Cupertino Center.
As detailed in the Project Work Plan, SALA will provide direct legal assistance to 50 Cupertino clients in 2002-2003.
This goal includes all elders served through SALA's Cupertino project and not just those assisted through the service
expansion at the Senior Center. SALA also proposes to conduct 1 community education presentation in Cupertino.
There is no other funding to support the proposed expansion at the Cupertino Center. If less than $6,500 in CDBG is
received, appointments at the Cupertino Center will be reduced proportionally. If $5,000 is received, SALA will provide
our 1999-2000 service levels (96 appointments/40 clients served). If less than $5,000 is received, it may not be feasible for
SALA to provide a second monthly intake session at the Cupertino Center. If no CDBG funding is received, SALA's
services at the Cupertino Senior Center will be reduced to bi-monthly appointment sessions, at best, or could be
eliminated altogether.
c.
EXHIBIT B
Project Work Plan
Fiscal Year 2002-2003
Agency Name: Senior Adults Legal Assistance
Project Name: Legal Assistance to Cupertino Elders
Project No.
For Once Use Only
Date Prepared: 02/20/02
Santa Clara County HCD
Responsible staff person(s) and
approximate percentage of the time
char ed to this activi Activity for period Products or milestones
Legal Services: Legal Services:* Legal Services*:
.12 FTE Legal Worker (Directing Attorney, Provide direct legal services to 50 Cupertino Serve 14 elders in the First Quarter and 12 elders
Supervising Attorney, Staff Attorney, Staff clients by offering 24 intake days (consisting in Quarters 2 through 4.
Paralegal, or Volunteer) of 5 half hour appointment each) at the
Cupertino Senior Center, other intake sites,
by home visits or telephone intake.
Community Education: Community Education: Community Education'
.002 FTE Legal Worker (Directing Attorney, Make one community education presentation Make one presentation by June 30, 2003.
Supervising Attorney, Staff Attorney, Staff in Cupertino.
Paralegal, or Volunteer)
* NOTE: The proposed annual goal for 50 Cupertino clients served includes all elders served through SALA's Cupertino project and not just those
assisted through the service expansion at the Senior Center.
10
EXHIBIT~C'
Proposed Implementation Time Schedule
Fiscal Year 2002-2003
Agency Name: Senior Adults Legal Assistance Date: 02/20/02
Project Name: Legal Assistance to Cupertino Elders Project #: _
For Office Use Only
Santa Clara County HCD
S ecific Activities JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUN
Legal Services X X X X X X X X X X X X
(through twice
monthly appoint-
ments at Cupertino
Senior Center, other
intake sites, home
visits of by phone)
Community X
Education
(to be completed by
June 30, 2003
11
EXHIBIT D-1
Project Budget
Fiscal Year 2002-2003
Applicant: Senior Adults Legal Assistance
Project Name: Legal Assistance to Cupertino Elders
LINE ITEM FISCAL YEAR 2002-2003
SALARIES
Personnel
$13,439
Benefits 1,730
OFFICE EXPENSES
Rent
2, 672
Tele hone 420
Posta a 100
Printin 100
Su lies 380
Travel 68
Utilities 0
E ui ment Rental and Maintenance 168
Dues and Subscri tions 156
Other Publications and Law Libr 3 84
OTHER EXPENSES
Accountin Services
396
Contract Services 219
Insurance 769
Conferences and Trainin 140
Miscellaneous 4
Other De reciation/Client Costs 210
TOTAL $21,355
13
EXHIBIT D.
BUDGET
(For Cupertino CDBG funding. See Exhibit D-1 for total project budget)
Fiscal Year 2002-2003
Agency Name: Senior Adults Legal Assistance Date Prepared: 02/20/02
Project Name: Legal Assistance to Cupertino Elders Project #: Santa Clara County HCD
For Office Use Only
LINE ITEM JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUN
SALARIES
Personnel 495 473 452 495 452 473 495 430 542 473 473 452
Benefits 75 74 73 75 73 74 75 71 73 74 74 73
OFFICE EXPENSE
Rent
Phone/FAX
Printing
Travel
Utilities
PROJECT EXPENSES
Accounting Services
Auditing Fees
Insurance
Davis-Bacon Compliance
PROJECT CONSTRUCTION
Appraisal
Engineering Services
Architectural/Design
Acquisition
Site investigation
12
Exhibit A
A licant/A enc Pro"ect #
Senior Adults Legal Assistance CU-02-33
A enc .Address. _
Pro'ecf Name
160 E. Virginia Street, Suite #260 _
Senior Adults Legal Assistance
- _
San Jose, CA 95112 Pro'~ect Address
ertino Senior Center
Cu
A enc Phone p
21251 Stevens Creek Boulevard
(408) 295-5991 _ _ Cupertino, CA 95014
A enc FAX
(408) 295-7401
-
__
--
Project-Description
Provide free legal services to Cupertino resi~Jents age 60 or older. Goal is to serve
50 clients annually.
J
EXHIBITA
General Information
Name of Applicant: Senior Adults Legal Assistance (SALA) Program Year. 2001-2002
contact Person: Georgia Bacil Title ;Directing ~~ttorney Project Number (For Office Use Onty)
Address: 160 E. Virginia Street #260 city: San Jose state: CA zip code: 95112
Telephone Number.
(408) 295-5991 Fax Number.
(408) 295-7401 E-mail Address:
gbacil@sala.org
Name of Project/Program: Legal Assistance to Cupertino Elders
Location: Cupertino Senior Center, 21251 Stevens Creek Blvd. Cupertino, CA 95014
Project Type: ^ Single Family ^ Homeownership ^ New Construction ^ Mixed Use
^ Multifamil ^ Rental ^ Rehabilitation Public Service
Project Description
Please describe the project with as many details as possiible. Include general information, such as the number of
mats, number of cuperuno residents tnat ww ~e serves, sefvlces tnat wul ~e proviaea, etc.
SALA is a non-profit law office that provides free legal services to Santa Clara County residents age 60 or older, with
an emphasis upon those who are low income or in social neeai. SALA's staff of 5 attorneys have expertise in problems
common to our target population. SALA's attorney staff is augmented by 10 volunteer intake workers who assist with
client interviews at senior centers and by 15 pro bono attorneys who provide Simple Wills through SALA's No Fee Wills
Panel. Legal services (in the form of advice/referrals, consultations, representation, and community education) are
provided in the following areas: Public Benefits (Social Security, SSI, Medicare, Medi-Cal, In Home Supportive
Services); Elder Abuse; Nursing Homes; Advance Health Care Directives; Consumer; Housing; and Simple Wills.
SALA has served Cupertino seniors since 1979. From 1997-98 through 2000-2001, support from Cupertino's CDBG
program enabled SALA to increase our number of half-hour appointments at the Cupertino Senior Center from 4
monthly (the 1996-971evel) to 10 monthly (the 2000-2001 lc;vel). CDBG funds are requested for 2001-2002 to maintain
SALA's current expanded service levels at the Cupertino Senior Center. SALA also proposes to continue home visits to
Cupertino elders who are homebound or institutionalized. Clients with urgent legal problems will also be served on an
"emergency" basis by telephone. Cupertino elders who appear at SALA intake sites in other cities will also be served.
Prior to 1997-98, the waiting time for a SALA appointment at the Senior Center was 2 months or longer. As a result,
only 42% of the Cupertino clients served by SALA from January to June 1997 were seen at the Cupertino Center, 16%
were served by telephone, and the remainder (42%) had to travel to a SALA intake site in another city. The continued
expansion of SALA's services for 2001-2002 will enable more Cupertino elders to be served locally instead of being
forced to seek services at other SALA sites or forgoing services altogether because of transportation barriers to these sites.
The long waiting time for a SALA appointment at the Cupertino Center will also be reduced. Since the initial service
expansion in July 1997, approximately 75% of the Cupertino elders served were seen at the Cupertino Center.
As detailed in the Project Work Plan, SALA will provide direct legal assistance to 50 Cupertino clients in 2001-2002.
This goal includes all elders, served through SALA's Cupertino project and not just those assisted through the service
expansion at the Senior Center. SALA also proposes to conduct 1 community education presentation in Cupertino.
There is no other funding to support the proposed expansion at the Cupertino Center. If less than $6,500 in CDBG is
received, appointments at the Cupertino Center will be reduced proportionally. If $5,000 is received, SALA will provide
our 1999-2000 service levels (96 appointments/40 clients sewed). If less than $5,000 is received, it may not be feasible
for SALA to provide a second monthly intake session at the Cupertino Center. If no CDBG funding is received, SALA's
services at the Cupertino Senior Center will be reduced to bi-monthly appointment sessions, at best, or could be
eliminated altogether.
EXHiFp~' B
Project Work Plan
Fiscal Year 2001-2002
Agency Name: Senior Adults Legal Assistance
Project Name: Legal Assistance to Cupertino Elders Project No.
For «fice Use Only
Legal Services•
.13 FTE Legal Worker (Directing Attorney,
Supervising Attorney, Staff Attorney, Staff
Paralegal, or Volunteer)
Community Education:
.002 FTE Legal Worker (Directing Attorney,
Supervising Attorney, Staff Attorney, Staff
Paralegal, or Volunteer)
Legal Services:*
Provide direct legal services to 50 Cupertino clie
by offering 24 intake days (consisting
of 5 half hour appointment each) at the
Cupertino Senior Center, other intake sites,
by home visits or telephone intake.
Community Education:
Make one community education presentation
in Cupertino.
Date Prepared: 02/22/01
Santa Clara County HCD
Legal Services*:
Serve 14 elders in the First Quarter and 12 elders
in Quarters 2 through 4.
Community Education:
Make one presentation by June 30, 2002.
* NOTE: The proposed annual goal for 50 Cupertino clients served includes all elders served through SALA's Cupertino project and not just those assisted
through the service expansion at the Senior Center.
EXHIL~'~" C ~-
Proposed Implementation Time Schedule
Fiscal Year 2001-2002
Agency Name: Senior Adults Legal Assistance Date: 02/22/01
Project Name: Legal Assistance to Cupertino Elders Project #: Santa Clara County HCD
Fw Olfice Uso Only
v. .. .. .. .vtv...
............................
Legal Services
..4.. .....
X
.... ....
X
.:. :.:. •.::
X
•nv; .. .. .v
....................
X
}.
......................
X
...
......................
X ......
..J .. :}iii
.. } .................
r.
X .. ~y
:v}.}•. R!,>.t~;:
.................:
t. r.
X
.~. •.
:? ~hv
:..
X
Y~. ~
vi ~ ~>~i•
F•.: }.. ~}::
X
ti ~ •:~ii:
i.... ..
X
~ifj,~k
:~v;:•,.ti
} }
X
(through twice
monthly appoint-
ments at Cupertino
Senior Center, other
intake sites, home
visits of by phone)
Community X
Education
(to be completed by
June 30, 2002
11
EXh~BIT D
BUDGET
(For Cupertino CDBG funding. See Exhibit D-1 for total project budget)
Fiscal Year 2001-2002
Agency Name: Senior Adults Legal Assistance Date Prepared: 02/22/01
Project Name: Legal Assistance to Cupertino Elders Project #: Santa Clara County HCD
For Office Use Only
LINE ITEM JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUN
SALARIES
Personnel 477 498 433 498 477 455 498 433 455 477 497 432
Benefits 73 75 70 75 73 70 75 70 71 73 75 70
OFFICE EXPENSE
Rent
Phone/FAX
Printing
Travel
Utilities
PROJECT EXPENSES
Accounting Services
Auditing Fees
Insurance
Davis-Bacon Compliance
PROJECT CONSTRUCTION
Appraisal
Engineering Services
Architectural/Design
Acquisition
Site investigation
12
EXHIBIT D-1
Project Budget
Fiscal Year 2001-2002
Applicant: Senior Adults Legal Assi~;tance
Project Name: Legal Assistance to Cu~-tino Elders
LINE ITEM ~ FISCAL YEAR 2001-2002
SALARIES
Personnel
$13,252
Benefits 1,714
OFFICE EXPENSE
Rent
2,593
Tele hone/FAX 420
Posta a 100
Printin 100
Su lies 380
Travel 68
Utilities p
E ui ment Rental and Maintenance 168
Dues and Subscri tions 156
Other Publications and Law Libra 384
PROJECT EXPENSES
Accountin Services
176
Auditin Fees 220
Contract Services 80
Insurance 721
Conferences and Trainin 140
Davis Bacon Com fiance 0
Miscellaneous g
Other De reciation/Client Costs 210
PROJECT CONSTRUCTION
A raisal
0
En ineerin services 0
Architectural/Desi n 0
Ac uisition p
Site Investi ation p
TOTAL $20,890
13
Exhibit A
A licant/A enc Project #
City of Cupertino CU-02-91
A enc Address. Project Name
Community Development Department General Administration
10300 Torre Avenue Project Address
Cupertino, CA 95014
n/a
A enc Phone
(408) 777-3251
__ _ .
A enc FAX _
(408) 777-3333
Project Description
General administration of the Community Development Block Grant (CDBG)
program. Includes staff time to attend urban county staff meetings, prepare
documents and agreements. Also includes :staff time necessary to distribute
annual entitlement including conducting public hearings and reviewing grant
applications.
Exhibit B
Agency Name: City of Cupertino
Project Name: General Administration
Project Work Plan
FY 2002-2003
Project No. CU-02-91
Date Prepared: 2/5/03
Santa Clara County HCD
Responsible staff person(s) and
approximate percentage of the time
char ed to this activit Activity for period Products or milestones
Senior Planner 17% First Quarter: Attend Urban County First Quarter: Attend Urban County
meetings meetings
Second Quarter: Begin CDBG process for Second Quarter: Begin CDBG process for
following year following year
Third Quarter: Continue to attend Third Quarter: Continue to attend
meetings and prepare meetings and prepare
necessary reports necessary reports
Fourth Quarter: Continue to attend Fourth Quarter: Continue to attend
meetings and prepare meetings and prepare
necessary reports necessary reports
Exhibit C
Proposed Implementation Time Schedule
FY 2002-2003
Agency Name: City of Cupertino
Date: 2/5/03
Project Name: General Administration Project #: CU-02-91 Santa Clara County HCD
S ecific Activities JUL AUG SEPT. OCT NOV DEC JAN FEB MAR APR MAY JUN
Attend Urban County
staff meetings ®
Conduct annual
CDBG funding
distribution ^ ^ ^ ^ ® ® ® ® ^ ^ ^ ^
Exhibit D
Agency Name: City of Cupertino
Project Name: General Administration
BUDGET
FY 2002-2003
Project #: CU-02-91
Date Prepared: 2/5/03
Santa Clara County HCD
LINE ITEM JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUN
SALARIES
Personnel $1250 $1250 $1250 $1250 $1250 $1250 $1250 $1250 $1250 $1250 $1250 $1250
Benefits
OFFICE EXPENSE
Rent
Phone/FAX
Printin
Travel
Utilities
PROJECT EXPENSES
Accounting Services
Auditing Fees
Insurance
Davis-Bacon Compliance
PROJECT CONSTRUCTION
A raisal
Engineerin Services
Architectural/Desi n
Acquisition
Site investigation
A licant/A enc Project #
City of Cupertino CU-03-91
A enc Address Project Name
Community Development Department General Administration
10300 Torre Avenue Pro'iect Address
Cupertino, CA 95014
n/a
A enc Phone
(408) 777-3251
A enc FAX
(408) 777-3333
Project Description
General administration of the Community DE~velopment Block Grant (CDBG)
program. Includes staff time to attend urban county staff meetings, prepare
documents and agreements. Also includes staff time necessary to distribute
annual entitlement including conducting public hearings and reviewing grant
applications.
Exhibit B
Project Work Plan
FY 2002-2003
Agency Name: City of Cupertino Date Prepared: 2/5/03
Project Name: General Administration
Project No. CU-03-91 Santa Clara County HCD
Responsible staff person(s) and
approximate percentage of the time
char ed to this activit Activity for period Products or milestones
Senior Planner 17% First Quarter: Attend Urban County First Quarter: Attend Urban County
meetings meetings
Second Quarter: Begin CDBG process for Second Quarter: Begin CDBG process for
following year following year
Third Quarter: Continue to attend Third Quarter: Continue to attend
meetings and prepare meetings and prepare
necessary reports necessary reports
Fourth Quarter: Continue to attend Fourth Quarter: Continue to attend
meetings and prepare meetings and prepare
necessary reports necessary reports
Exhibit C
Proposed Implementation Time Schedule
FY 2002-2003
Agency Name: Cit,, o~pertino
Date: 2/5/03
Project Name: General Administration Project #: CU-03-91 Santa Clara County HCD
S ecific Activities JUL AUG SEPT. OCT NOV DEC JAN FEB MAR APR MAY JUN
Attend Urban County
staff meetings ® ®
Conduct annual
CDBG funding
distribution ^ ^ ^ ^ ® ® ® ® ^ ^ ^ ^
Exhibit D
Agency Name: City of Cupertino
Project Name: General Administration
BUDGET
FY 2002-2003
Project #: CU-03-91
Date Prepared: 2/5/03
Santa Clara County HCD
LINE ITEM JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUN
SALARIES
Personnel $1250 $1250 $1250 $1250 $1250 $1250 $1250 $1250 $1250 $1250 $1250 $1250
Benefits
OFFICE EXPENSE
Rent
Phone/FAX
Printing
Travel
Utilities
PROJECT EXPENSES
Accountin Services
Auditin Fees
Insurance
Davis-Bacon Compliance
PROJECT CONSTRUCTION
A raisal
En ineerin Services
Architectural/Desi gn
Acquisition
Site investigation
A licant/A enc Project #
Cupertino Community Services CU-03-12
A enc Address Pro'ec# Name
10185 N. Stelling Road Cu~~ertino Community Services -Vista Drive
Cupertino, CA 95014 Project Address
Vista Drive near Stevens Creek Boulevard
A enc Phone ,
Cupertino
CA
(408) 255-8033 ,
A enc FAX
(408) 366-6090
Project Description
Agency will use funds to pay for long-term lease from the Santa Clara County Fire
District. Site is surplus property that will be leased to the agency for 57 years for
the purposes of providing affordable housin~~. Agency plans on constructing 24
units of affordable family housing on the sitE~. Construction is set to complete in late
February 2003.
Exhibit B
Agency Name: Cupertino Community Services
Project Name: Vista Drive Development
Project Work Plan
FY 2002-2003
Project No. CU-03-12
Date Prepared: 2/5/03
Santa Clara County HCD
Responsible staff person(s) and
approximate percentage of the time
char ed to this activit .Activity for period Products or milestones
No staff time charged to this budget First Quarter: Continue construction First Quarter: Continue construction on
24 units
Second Quarter: Continue construction Second Quarter: Continue construction on
24 units
Third Quarter: Complete construction. Third Quarter: Complete construction on
24 units.
Fourth Quarter: Install landscaping and Fourth Quarter: Complete 24 units
complete all site work.
Exhibit C
Proposed Implementation Time Schedule
FY 2002/2003
Agency Name: Cupertino Community Services
Date: 2/5/03
Project Name: Vista Drive Development Project #: CU-03-12 Santa Clara County HCD
S ecific Activities JUL AUG SEPT. OCT NOV DEC JAN FEB MAR .APR MAY .JUN
Construction ® ® ® ® ® ® ® ® ^ ^ ^ ^
Complete 24 units ^ ^ ^ ^ ^ ^ ^ ^ ® ^ ^ ^
Exhibit D
Agency Name: City of Cupertino
Project Name: CCS-Housing Development
BUDGET
FY 2002-2003
Project #: CU-03-12
Date Prepared: 2/5/03
Santa Clara County HCD
LINE ITEM JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUN
SALARIES
Personnel
Benefits
OFFICE EXPENSE
Rent
Phone/FAX
Printing
Travel
Utilities
PROJECT EXPENSES
Accounting Services
Auditin Fees
Insurance
Davis-Bacon Compliance
PROJECT CONSTRUCTION
A raisal
Engineering Services
Archi tectural/Desi gn
Acquisition -Lease 124,253
Site investigation
COtfNTY OF SANTA CLARA
Offit:e of the Affordable Housing -Housing & Community Development Program
CDBG - CSty Projects 1H'Y2003
PRO,1C-CT NAME Project Roll-Over New Funding Total Transfers and Estimated IQ Fund
Number PY-Balance FY 03 FY03 Allocation Re r rams enditures Balanc
CfUpERTII1T0
CU-01-91 9,477.42 9
477
42
,
. 9,477.42
FY 2000/01 $166,478
Cupertino Comm Serv-Rotating Shelter Program CU-02-31 16,187.50 16
187
50
Senior Adults Legal Assistance-Legal Services
CU-02-33
3
250
00 ,
. 16,187.50
,
. 3,250.00
3
250.00
general Administration CU-02-91 15,000.00 15
000
00 ,
,
. 15, 000.00
FY 2001/02 $180,874
Cupetino Co„ Sere-Vista Drive Dev CU-03-12
Cupertino Comm Serv-Rotating Shelter Program
CU-03-31 124,253.00
124,253.00
25,000.00 25,000.00 25
000
00
~~ ~~ Legal Assistance-Legal Services CU-03-33 10,793.00 10
793
00 ,
.
Cupertino Community Services-Transitional Hsng.
CU-03-54 ,
. 10,793.00
124,253.00 124,253.00 (124,253.00) 0
00
""""'°' """"""°°°°"~~ CU-03-91 15,000.00 15
000
00 .
,
. 15,000.00
i=Y 200/03 $175,046
CUPERTINO Total $ 43,914.92 175,046.00 218,960.92 0.00 0.00 218,960.92
1_25
' Tim~eli>oess Betio
NB 10/3/02 Timeliness RBtlo =Fund Balance divided by New Funding. The ratio should not exceed 7.5, which is the standard s~ by HUD.