03-021 Cupertino Community Services (affordable placement & rotating shelter)U~~~~~
AGREEMENT
This Agreement is made and entered into triis 6th day of February, 2003, by and between
the CITY of Cupertino, a municipal corporation ('CITY") and Cupertino Community Services, a
nonprofit corporation ("CORPORATION").
W ITNES SETH
WHEREAS, CITY has accrued Below Market Rate (BMR) in-lieu fees to be used to
promote affordable housing development in Cupertino
WHEREAS, CITY has agreed to allocate a portion of its BMR in-lieu funds to
CORPORATION as a subrecipient for public service related activities within the CITY which
shall primarily benefit very low and low income households and shall promote affordable
housing in Cupertino.
NOW, THEREFORE, the parties agree as follows:
I. PROGRAM
CITY agrees to allocate to the CORPORATION a sum not to exceed $50,000.00 in funds
for the purpose of implementing the housing program ("Program") as more particularly described
in Exhibit "A" (Program Description), Exhibit "B ' (Project Work Plan and Time Schedule), and
Exhibit "C" (Project Budget).
II. TERM
The term of this Agreement shall begin Jul}~ 1, 2002 and shall terminate June 30, 2003, or
the date of the expenditure of the total grant amount provided for herein, or upon the termination
date established pursuant to Section V or Section `JII.
III. OBLIGATIONS OF CORPORATION
A. Organization of CORPORATION. CORPORATION shall:
1. Provide CITY with:
a. Its Articles of Incorporation under the laws of the State of California;
b. A copy of the current Bylaws of CORPORATION;
c. Documentation of its Internal Revenue Service nonprofit status;
d. Names and addresses of the current E~oard of Directors of CORPORATION; and,
e. An adopted copy of CORPORA'CION'S personnel policies, procedures and
approved affirmative action plan.
2. Report any changes in CORPORATION'S Articles of Incorporation, Bylaws, Board of
Directors, personnel policies and procedures, affirmative action plan, or tax-exempt
status immediately to Program Manager.
3. Maintain no member of its Board of Directors as a paid employee, agent or
subcontractor under this Agreement.
4. Open to the public all meetings of its Board of Directors, except meetings, or portions
thereof, dealing with personnel or litigation matters.
5. Keep minutes of all its regular and special meetings.
6. Comply with all provisions of California Nonprofit CORPORATION Law.
B. Program Performance by CORPORATION. CORPORATION shall:
1. Conduct the PROGRAM within the City of Cupertino for the purpose of benefiting very
low and low-income households.
2. File quarterly narrative reports with the CITY on the types and numbers of services
rendered to Cupertino beneficiaries through the operation of the project, which reports
shall evaluate the manner in which the project is achieving its goals. The reports shall
be due within ten (IO) working days of the end of the calendar year and shall cover the
entire year immediately preceding the date on which the report is filed. Said reports
shall be made on forms approved by CITY.
3. Coordinate its services with other existing organizations providing similar services in
order to foster community cooperation and to avoid unnecessary duplication of
services.
4. Seek out and apply for other sources of revenue in support of its operation or services
from local, state, federal and private sources and, in the event of such an award, inform
CITY within ten days.
5. Notify CITY within ten (10) days of the receipt of any local, state, federal, or private
sources of revenue for use in support of this operation or service.
6. Include an acknowledgment of CITY funding and support where appropriate.
C. Fiscal Responsibilities of CORPORATION. CORPORATION shall:
1. Appoint and submit the name of a fiscal agent who shall be responsible for the financial
and accounting activities of CORPORATION, including the receipt and disbursement
of CORPORATION funds. The CITY shall immediately be notified in writing of the
appointment of a new fiscal agent and th~it agent's name.
2. Establish and maintain an accounting system that shall be in conformance with
generally accepted principles of accounting. The accounting system shall be subject to
review and approval of CITY.
3. Document all Program costs by maintaining records in accordance with Section III,
Paragraph D below.
4. Submit on a quarterly basis, within ten (10) working days of the end of the quarter, a
payment request containing a summary statement of proposed expenditures and
revenue for the quarter immediately following the date on which the report is filed and
cumulative totals from the effective date: of this agreement. In addition, the amount of
actual expenditures shall be reported to CITY within ten (10) working days of the end
of each quarter. Said reports shall be made on forms approved by CITY.
5. Submit to the CITY'S Finance Director an annual audit performed by an independent
auditor.
6. Certify insurability subject to CITY appr~~val as outlines in Exhibit "E" (Insurance).
7. If applicable, submit an indirect cost plan to CITY for approval.
8. Items 1 through 7 are express conditions precedent to any CITY funding and failure to
comply with these conditions will, at discretion of CITY, result in suspension of
funding or termination of this Agreement.
9. CORPORATION is liable for repayment. of all disallowed costs. Disallowed costs may
be identified through audits, monitoring; or other sources. CORPORATION shall be
required to respond to any adverse findings that may lead to disallowed costs. The
CITY shall make the final determination of disallowed costs, subject to provisions of
OMB Circular A-122, "Cost Principles for Non-Profit Organizations."
D. Establishment and Maintenance of Records. CORPORATION shall maintain complete and
accurate records of all its transactions including, but not limited to, contracts, invoices, time
cards, cash receipts, vouchers, canceled che<;ks, bank statements, client statistical records,
personnel, property and all other pertinent records sufficient to reflect properly (1) all direct
and indirect costs of whatever nature claimf;d to have been incurred or anticipated to be
incurred to perform this Agreement or to oAerate the Program, and (2) all other matters
covered by this Agreement.
E. Preservation of Records. CORPORATION shall preserve and make available its records:
1. Until the expiration of three years from the date of final payment to CORPORATION
under this Agreement; or
2. For such longer period, if any, as is required by applicable law; or,
3. If this Agreement is completely or partially terminated, the records relating to the work
terminated shall be preserved and made available for a period of three years from the
date of termination.
F. Examination of Records; Facilities. At any time during normal business hours, and as often
as may be deemed necessary, CORPORATION agrees that the CITY'S authorized
representative(s) may until expiration of (1) three years after final payment under this
Agreement, (2) three years from the date of termination of this agreement, or (3) such longer
period as may be described by applicable law, have access to and the right to examine its
plants, offices and facilities used in the performance of this Agreement or the operation of
the Program, and all its records with respect to the Program and all matters covered by this
Agreement. CORPORATION also agrees that the CITY'S authorized representative(s) shall
have the right to audit, examine, and make excerpts or transactions of and from, such
records and to make audits of all contracts and subcontracts, invoices, payrolls, records of
personnel, conditions of employment, material and all other data relating to the Program and
matters covered by this Agreement. CORPORATION will be notified in advance that an
audit will be conducted. CORPORATION will be required to respond to any audit findings,
and have the responses included in the final audit report. The cost of any such audit will be
borne by CITY.
G. Compliance with Law. CORPORATION shall become familiar and comply with and cause
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 Exhibit "F" (Assurances). Specifically, CORPORATION shall comply
with the requirements and standards of OMB Circular No. A-122, "Cost Principles for Non-
Profit Organizations" and the following attachments to OMB Circular No. A-110:
1. Attachment A, "Cash Depositories, "except for Paragraph 4 concerning deposit
insurance;
2. Attachment B, "Bonding and Insurance;"
3. Attachment C, "Retention and Custodial Requirements for Records;"
4. Attachment F, "Standards for Financial Management Systems;"
5. Attachment H, "Monitoring and Reporting Program Performance," paragraph 2;
6. Attachment N, "Property Management Standards," except for paragraph 3 concerning
the standards for real property; and
7. Attachment O, "Procurement Standards."
IV. OBLIGATIONS OF CITY
A. Method of Payment. During the term of this Agreement, CITY shall reimburse
CORPORATION for all allowable costs ar-d expenses incurred in connection with the
Program, not to exceed the total sum of Fifty Thousand Dollars and No Cents ($50,000.00)
except that the CITY may, after the corrective action procedure is followed, suspend or
terminate payment to CORPORATION, in whole or in part, under this Agreement or not to
make any particular payment under this, Agreement based on CORPORATION'S
noncompliance, including, but not limited to, incomplete documentation of expenses, failure
to submit adequate progress reports as required herein or other incidents of noncompliance
as described in Section V, Paragraph B, of thi~~ Agreement.
V. CONTRACT COMPLIANCE
A. Monitoring and Evaluation of Services. lvaluation and monitoring of the Program
performance shall be the mutual responsibility of both CITY and CORPORATION.
CORPORATION shall furnish all data, statements, records, information and reports
necessary for Program Manager to monitor, review and evaluate the performance of the
Program and its components. CITY shall have the right to request the services of an outside
agent to assist in any such evaluation. Such services shall be paid for by CITY.
B. Contract Noncompliance. Upon receipt by CITY of any information that evidences a failure
by CORPORATION to comply with any provision of this Agreement, CITY shall have the
right to require corrective action to enfora~ compliance with such provision. Areas of
noncompliance include but are not limited to:
1. If CORPORATION (with or without knowledge) shall have made any material
misrepresentation of any nature with re;~pect to any information or data furnished by
CITY in connection with the Program.
2. If there is pending litigation with respect to the performance by CORPORATION of
any of its duties or obligations under this Agreement which may materially jeopardize
or adversely affect the undertaking of or the carrying out of the Program.
3. If CORPORATION shall have taken ;any action pertaining to the Program which
requires CITY approval without having obtained such approval.
4. If CORPORATION is in default under arty provision of this Agreement.
5. If CORPORATION makes improper use of CITY funds.
6. If CORPORATION submits to CITY an}~ report which is incorrect or incomplete in any
material respect.
C. Corrective Action Procedure. CITY upon o~~currence or discovery of noncompliance by
CORPORATION under this Agreement, shall give CORPORATION notice of CITY'S
intention to demand corrective action to enforce compliance. Such notice shall indicate the
nature of the noncompliance and the procedure whereby CORPORATION shall have the
opportunity to participate in formulating any corrective action recommendation. CITY shall
have the right to require the CORPORATION President and/or Executive Director to appear
at a hearing or meeting called for the purpose of corrective action. Thereafter, CITY shall
forward to CORPORATION specific corrective action recommendations and a detailed
timetable for implementing these recommendations; such timetable shall allow
CORPORATION not less than ten (10) nor more than thirty (30) days to comply. Following
implementation of the corrective actions, CORPORATION shall forward to CITY, within
the time specified by CITY, any documentary evidence required by CITY to verify that the
corrective actions have been taken.
In the event that CORPORATION does not implement the corrective action
recommendations in accordance with the corrective action timetable, CITY may suspend
payments hereunder or terminate this Agreement.
D. Termination for Cause. Notwithstanding anything to the contrary contained in the foregoing,
CITY may terminate this Agreement by written notice to CORPORATION, if any of the
events of noncompliance listed in Section V, Paragraph B, occur or are discovered, if
CORPORATION does not implement any recommended corrective action, if
CORPORATION is in bankruptcy or receivership, if a member of the CORPORATION'S
Board of Directors, the Executive Director or other administrative staff person is the subject
of investigation for wrongdoing, or if there is reliable evidence that CORPORATION is
unable to operate the Program. Termination under this section shall be effective on the date
notice of termination is received or such later date as may be specified in the notice.
VI. PROGRAM COORDINATION
A. CITY: The Housing and Services Planner, or his/her designee, shall be the Program
Manager for the CITY and shall monitor progress and performance of this Agreement for
CITY. The Program Manager shall be responsible for all services agreed to be performed by
CITY.
B. CORPORATION: A single Program Director who shall have overall responsibility for the
progress and execution of this Agreement shall be assigned. Should circumstances or
conditions subsequent to the execution of this Agreement require a substitute or replacement
Program Director, CORPORATION shall immediately notify CITY of such occurrence.
Program Director and CORPORATION staff will cooperate fully with CITY in fulfillment
of this Agreement.
C. Correspondence: All correspondence and notices required by this Agreement shall be sent to
the parties at the following address:
CITY: Senior Planner (Housing Services), Community Development Department, City of
Cupertino,10300 Torre Avenue, Cupertino, CA 95014
CORPORATION: Executive Director, 10185 north Stelling Rd., Cupertino, CA 95014
All notices shall either be hand delivered or sent by United States mail, registered or
certified, postage prepaid. Notices given in such ~i manner shall be deemed received when hand
delivered or seventy-two (72) hours after deposit in the United States mail. Any party may
change his or her address for the purpose of this s~~ction by giving five (5) days written notice of
such change to the other party in the manner provided in this section.
VII. TERMI:yATION
A. In addition to CITY'S right to terminate for cause set forth in Section V, either CITY or
CORPORATION may suspend or terminate this Agreement for any reason 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 di;~continued.
B. Upon termination, either under this Section VII or Section V, CORPORATION shall:
1. be paid for all documented services actually rendered to CITY to the date of such
termination; provided, however, C1TY shall be obligated to compensate
CORPORATION only for that portio~l of CORPORATION'S services which are
allowable costs and expenses as determined by an audit or other monitoring device;
2. turn over to CITY immediately any and all copies of studies, reports and other data,
whether or not completed, prepared by CORPORATION or its subcontractors, if any,
in connection with this Agreement. ~~11 documents from applicants or regarding
applicants shall be treated confidentially. Such materials shall become property of
CITY. CORPORATION, however, shall not be liable to CITY'S use of incomplete
materials or for CITY'S use of completed documents if used for other than services
contemplated by this Agreement; and
3. transfer to the CITY any BMR in-lieu funds on hand and any accounts receivable
attributable to the use of BMR in-lieu funds. All assets acquired with BMR in-lieu
funds shall be returned to the CITY.
C. Upon termination of this Agreement, CORPORATION shall immediately provide CITY
access to all documents, records, payroll, minutes of meetings, correspondence and all other
data pertaining to the CITY funds granted to (:ORPORATION pursuant to this Agreement.
VIII. PURCHASING REAL OR PERSONAL PROPERTY
A. Title to Personal Property. Title to any personal property used in connection with the project
shall vest as follows:
1. Personal property donated or purchased with other than CITY funds shall become the
property of CORPORATION or perso~l specified by the donor or funding source;
otherwise the same shall become the property of CITY except for property and
equipment as described in 2.
2. Personal property and equipment permanently affixed to building owned by
CORPORATION shall become the property of CORPORATION.
3. All other personal property, supplies and equipment purchased pursuant to this
Agreement and not consumed shall become property of CITY.
B. Non expendable Property. Non-expendable property purchased by CORPORATION with
funds provided by CITY, with a purchase price in excess of One Hundred Dollars ($100),
must be approved in advance in writing by CITY. CITY shall retain title to said property. If
a Program will be continued beyond termination of this Agreement, CITY at its option, may
revert title to CORPORATION.
C. Purchase of Real Property. None of the funds provided under this Agreement shall be used
for the purchase of real property, unless CITY approves such purchase in writing containing
any conditions the CITY deems appropriate prior to the time CORPORATION finalizes
such purchase. Approval of any such contract or an option to purchase shall be processed
through the Program Manager.
D. Security Document. As a condition precedent to CITY releasing funds for the purchase of
real property or an option to purchase real property, CORPORATION shall prepare and
execute a promissory note, deed of trust or other Agreement restricting the use of said real
property for purposes consistent with this Agreement.
IX. PROGRAM INCOME
Income generated by the Program shall be retained by CORPORATION. Such income
shall be used to reduce the monthly request for funds under this Agreement and for the same
purposes and activities described in Exhibit A. All provisions of this Agreement shall apply to
the use of Program income for such activities.
X. INDEPENDENT CONTRACTOR
This is an Agreement by and between independent contractors and is not intended and
shall not be construed to create the relationship of agent, servant, employee, partnership, joint
venture or association between CORPORATION and CITY. CORPORATION, including its
officers, employees, agents or subcontractors, shall not have any claim under this Agreement or
otherwise against CITY for any Social Security, Worker's Compensation, or employee benefits
extended to employees of CITY.
XI. ASSIGNABILITY
A. This Agreement may not be assumed nor assigned to another corporation, person,
partnership or any other entity without the prior written approval of CITY.
B. None of the work or services to be perfornied hereunder shall be assigned, delegated or
subcontracted to third parties without the prior written approval of CITY. Copies of all third
party contracts shall be submitted to CITY at least thirty (30) days prior to the proposed
effective date. In the event CITY approves any such assignment, delegation or subcontract,
the subcontractors, assignees or delegate;s shall be deemed to be employees of
CORPORATION, and CORPORATION shad be responsible for their performance and any
liabilities attaching to their actions or omissions.
XII. DISCLOSURE OF CONFIDEI\fTIAL CLIENT INFORMATION
CITY and CORPORATION agree to m~iintain the confidentiality of any information
regarding applicants for services offered by the Program pursuant to this Agreement or their
immediate families which may be obtained through application forms, questionnaires,
interviews, tests, reports from public agencies or counselors, or any other source. Without the
written permission of the applicant, such information shall be divulged only as necessary for
purposes related to the performance or evaluation of the services and work to be provided
pursuant to this Agreement, and then only to persons having responsibilities under this
Agreement, including those furnishing services under the Program through approved
subcontracts.
XIII. HOLD HARMLESS
CORPORATION shall indemnify and hold CITY, its officers, employees and elected
officials, boards and commissions, harmless with respect to any damages, including attorney's
fees and court costs, arising from:
A. the failure of the Program to comply with applicable laws, ordinances, codes, regulations
and decrees; or,
B. any negligence or omission arising out: of any work or services provided by
CORPORATION, its officers, employees, agents or subcontractors under the Program or
this Agreement.
XIV. WAIVER OF RIGF[TS AND REMEDIES
In no event shall any payment by CITY constitute or be construed to be a waiver by
CITY of any breach of the covenants or conditions of this agreement or any default which may
then exist on the part of CORPORATION, and the making of any such payment while any such
breach or default shall exist shall in no way impair or prejudice any right or remedy available to
CITY with respect to such breach or default. In no event shall payment to CORPORATION by
CITY in any way constitute a waiver by CITY of its rights to recover from CORPORATION the
amount of money paid to CORPORATION on any item which is not eligible for payment under
the Program or this Agreement.
XV. NONDISCRIMINATION
In connection with the performance of this Agreement, CORPORATION assures that no
person shall be subject to discrimination because of sex, race, religion, ethnic background, sexual
preference, age, handicapped status or union activity.
XVI. AMENDMENTS
Amendments to the terms or conditions of this Agreement shall be requested in writing
by the party desiring such amendment, and any such amendment shall be effective only upon the
mutual Agreement in writing of the parties hereto.
XVII. INTEGRATED DOCUMENT
This Agreement contains the entire Agreement between CITY and CORPORATION with
respect to the subject matter hereof. No written or oral Agreements with any officer, agent or
employee of CITY prior to execution of this Agreement shall affect or modify any of the terms
or obligations contained in any documents comprising this Agreement.
.~
~.
XVIII. MISCELLANEOUS
A. The c~pt~{ons _,of~ this ~ A~gr~eme~t are for convenience of reference only, and the words
contained therein shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Agreement.
B. All exhibits attached hereto and referred to in this Agreement are incorporated herein by this
reference as if set forth fully herein.
This AGREEMENT, consisting of eleven (11) pages, contains the entire agreement
between CITY and CORPORATION respecting the allocation of BMR in-lieu funds for the
provision of housing services.
CORPORATION has executed this Agreement in triplicate on this ~ day of
February, 2003.
____
_ ____~
J{T.j//
EXECUTIXF,~~RECTOR
-~
~'~~
y: ~
PRES ENT
Board of Directors
CITY has executed this Agreement in triplicate on this ~~"day of February, 2003.
By: ,
David W. Knapp
City Manager
Attested By:
CITY CLERKU
n
~/ o` /
~J .~e
Approved as to form: ~ ~'
CITY A'
EXHIBIT A
PROJECT PROPOSAL'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 AFFORDABLE HOUSING PROGRAM
Location
10185 N. STEELING ROAD, CUPERTINO
Project Type
Single Family Homeownership Ne~n~ Construction Mixed Use
Multifamily Rental Rehab x Public Service
Project Description
Please describe the project with as many details as po:~sible. Include general information, such as the
number of units, number of Cupertino residents that will be served, services that will be proviaeo, etc.
Every month CCS staff responds to approximately 200 inquires about affordable housing. Staff sends out
an average of 50 affordable housing applications each month, and of those, processes an estimated 20
per month. More than two-thirds of the applications turned into the office required written correspondence
requesting additional information or documents to com~~lete application. The Director of Housing Services
maintains a working, prioritized waiting list of eligible aF~plicants, as well as ineligible and declined
applications. This waiting list is re-qualified each year.
The number of vacancies varies from month to month. To place a tenant, the CCS staff reviews the list,
contacts the first eligible person and updates their eligibility. It usually takes several attempts to compile
the necessary information. If the applicant still qualifies staff refers information to the leasing agent for a
credit check. Many prospective tenants turn. down the units because they find them unsuitable or still
economically unattainable. It is often necessary to refer multiple candidates for the single unit. Staff re-
certifies each tenant on the anniversary of their move-i~~ date.
CCS also conducts an annual audit and training of all E3MR apartment complexes not directly managed by
'CCS. CCS staff serves as the main contact for. questions and concerns regarding BMR procedures.
CCS staff screens and qualifies possible candidates far BMR sale units. CCS maintains a waiting list for
BMR sale units and conducts annual residency verifications.
CCS also provides low income transitional housing for 23 individuals in our Transitional Housing Program.
The Program Manager and On-Site Manager maintain the residence and provide on-going case
management for each tenant. These tenants are homeless members of the community.
~~
One of the stated objectives of the Cupertino Community Services, Inc. is to support and advocate
affordable housing." CCS carries out this objective in a number of ways. We promote affordable housing
by distributing educational brochures. In addition, CCS staff participates in the Santa Clara County
Collaborative on Affordable Housing and Homeless Is:>ues, the United Way's Emergency Assistance
(Network, the Cupertino Affordable Housing Committee meetings, and other related efforts.
EXHIBIT B
Project Work Plan
Tiscal Year 2002-2003
Agency Name: Cupertino Community Services, Inc.
Project Name: Cupertino Affordable Housing Prosram Project #:
Responsible staff person(s) and
;. ~,hroximate percentage of time charged ,
to this activity
1 ~n ~ciur r~i llousing Services (80%)
ir,,il.liub l'r~ject Director (IS%)
Program Manager (25%)
O-i-Site Manager (100%)
Executive Director (33%)
Office ManagerBookkeeper (30%)
Receptionist (20%)
For Office Use Only
Activity for period
2002-2403
Annually
• Conduct intake and assessment of applications
• Provide referrals
• Process applicants for admission
• Maintain suitable waiting list
• Ensure compliance with local, state and federal
regulations
Maintain statistics for reports and funding
• Complete funding requests and reports
• Develop and publish outreach materials
• Conduct annual audits & trainings
• Provide on-going case management
• Collect rent
• Maintain property of transitional units
• Monitor residents
• Provide support services:
• Volunteer coordination
• Community outreach
• Community relations
• Analyze case records, maintain program statistics
and produce reports
• Provide operational and administrative support
Date Prepared: February 19°i 2002
,Santa Clara County HCD
Products or milestones
• Qualified applicants occupy all available
units.
• Waiting list is maintained and updated to
ensure accurate information of
applicants.
• Outreach is developed and distributed
throughout the Santa Clara County.
• Contract compliance and program
success
6
EXHIBIT C
Proposed Implementation Time Schedule
Fiscal Year 2002-2003
Agency Name: Cupertino Community Services, Inc.
Project Name: Cupertino Affordable Housing Program Project #:
For Office Use Only
Date Prepared: February 19~', 2002
Santa Clara County HCD
Specific Activities JUL AUG. SEPT OCT NOV DEC JAN FEB MAR APR MAY .TUN
Implement BMR programs X X X X X X X X X X X X
Screen and interview applicants X X X X X X X X X X X X
Maintain waiting lists for rental and sale
units X X X X X X X X X X X X
Place applicants into available units X X X X X X X X X X X X
Monitor residents of the Transitional
t lousing Program X X X X X X X X X X X X
Provides support services as needed X X X X X X X X X X X X
1'rcrvicie housing counseling, information
and r~fcrrals. X X X X X X X X X X X X
f~~~~;luate program and modify X X X X
1-~ ~.~~,hlat~ and modify outreach program X X X X
+'r,u;iuci audit and training X X X X
t ',u3 this workload be incorporated into the on-going workload of the applicant and successfully be implemented according to this schedule? YES
~cl;~elule approved by: Jaclyn Fabre Title: Executive Director
Date: Febn~ary l9`h, 2002
8
EXHIBIT D
BUDGET
Fiscal Year 2002-2003
Agency Name: Cupertino Community Services, Tnc.
Date Prepared: February 19"', 2002
Project Name: Cupertino Affordable Housing Program Project #:
For Office Use Only
Santa Clara County HCD
LINE ITEM - . JUL AUG SEPT OCT NOV DEC JAN . FEB MAR APR MAY JUN
SALARIES
Personnel-Total Budget 3,623 3,623 3,623 3,623 3,623 3,623 3,623 3,623 3,623 3,623 3,623 3,623
Benefits-Total Budget 543 543 543 543 543 543 543 543 543 543 543 543
OFFICE EXPENSE
Rent
Phone/Postage/Supplies
Printing
Travel
Utilities
1'ROJGC'I' LXI'ENSES
Accounting Services
Auditing Fees
Insurance
Davis-Bacon Compliance
I'I20JECT CONSTRUCTION
Appraisal
Bnginecring Services
Architectural/Design
Acquisition
Sitc investigation
'sahibit E
CER'x'1lFICA'tY0N5
In accordance with the applicable statutes and the regulations govemittg the consolide~ted plan
regulations, the jurisdiction certifies that:
Affirmatively fitrther Falr $ouslttg --'TNe jurisdiction Ndll affirmatively further fair housing, which
means it will conduct an analysis of innfiediments to fair hc~uaing choloe within the jurisdiction, take
mate actions to. overcome the effects of any ;impiedinients identified thmugh tts~t analysis, and
maintain roeorda reflecting that analysis and actions in this regard,
Anti-displacement end Relocation Plan - It aril! comply with the aequisltlon and relocation
requirements of the Uniform Relocation Assistance: and. R~:al Property Aequfsitioq l~~~lieies Act of 1970,
as upended, and implementing regulations at 49 CpR 24; and it ties in effect and is folloaring a
rtsidential antidisplacement dnd relocation assistance plan required under section 104(d) of the Hotising
and Community Dtvelvptnent Act of 1974, as amended, in connection with any activity assi6t~d with
funding undo the CDBG or HOME programs.
Drag FSree Workplate .- It will or will continue u~ provide adrug-free workplax by:
Publishing a stmtarnent notifying employees that tt-e unlawful rrcartufacturt, ~listnbution,
dispensing, possession, or use of a controllled aub:;tance is pmhibited in the l~atrtee's workplace
and specifyfng the actions that will be talce:n against employees for violation of such prohibition;
Establishing an ongoing drug-free awarea,:ss prol~ain to inform employees about -
(a) The dangers of divg abuse in the workplace;
(b) The grantre's policy of tnaintnittiug a drug-free workplace;
(e) Any available drug c~tuzseling, relxabiiitation, apd employoe assistit~ programu; and
(d) The penalties that my be impose:i upam employees fa drug abate violations occurring
in tht woti~lace;
3. Mslring it a rcquir~ctncat that cacti csnploy~ce to M: engaged in the performat>ce o€ txte grant be
given a copy of tIx atatetrnnt requirod by paragnrQh 1; .
d- Notifying the employee in t3:e statement n:quirecl by paragraph 1 that, as a ~~ondition of
employment under the grant, the employee will -
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a violation of a criminal drug
. statute occurring in the vrorl~lacr no later than five calendar days a8er such conviction;
Notifying the agency in writing, within ten calendar days after receiving m~tice under
subparagraph 4(b) from an err~loyee ot• o~~hetwi:~ receiving actual notice ~~f such eonnviction.
Employers of convicted employees must lnrovid~: notice, including position title, to every grant
officer or other designee on whose grant activity the convicted ennployec rv~as wanking, unless
the Federal agency has designated a centr~sl point for the receipt of such natiees. Notice shall
include the identification number(s) of ea~.h affected grant;
• ,
6. Taking tnie of the followirte nations, within 30 calendu days of receiving notice under
subparagraph q{b), with rcsptzct to any ettu~loyee who is so convicted -
(a) Taking appropriate personnel action again>t such an employee, up Oo and including
tcrminaHon, consistent with thz regnircmenta of the Rehabilitation A.ct of 193, as
attteatded; or
(b) Requiring such employee to participate satisfactorily in a drug abust~ assistance or
rehabilitation program approved for such uw•posos by ~ Fedoml, State, or local health,
law enforcement, of other apptopriatc agency; '
7• Malang a good faith effort to eontintle to maintain adrug-frte worlq~lace through
implementation of paragiap-ta 1, 2, 3, 4, 5 and 6.
• Abti-Lobbying .- To the best of the jurisdiction's knowledge and btlief`.
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person
for influencing or attempting to influettee an offic-tr or employs of any agency, a Meratler of
Congress, an officer a employee of Congress, or an employee of ~ Membet• of Congress in
connection with the awarding of any Federal eoniract, the making of atsy Federal gtattt, the
making of arty Federal loan, the entering into of any cooperative agreerrtent• and thr ~xteusion,
continuation, rentwal, araendmettt, or raodifieati~m of any Federal caatract, giant, loan, or
cooperative agreement;
2. If any fitnda other than Federal appropriated fiatda bare beta paid or will bps paid to any person
for ittflt-cncing or-attt:utpting to infltxnce an ofli~:cr or employe of any agextry, a Member of~
Coeigsrss, an officer a employee of C.ongirai, a as employee of a Manbaf of Congtecs in
contsectiort with this Federal contract, grant. loan. or cooperative agrament, it will complete and
submit Standard Fern-LLL, "Disalosurt Form t;• Report Lobbying," in accordance with its
instrttctiotts; and
3. It will require that the language of paragraph 1 attd 2 of this anti-lobbying c:ertiScatiou be
included iA t-te award doctnticnts for all subawar3s at all tiers (ipcluding subcoatracta, subgrxnta,
and cattracts under grarrts, loans, and cooperative agrecmettta) avid that all subrecipierrta shall
ci=tify and discloso accordingly.
Author-ty of Jnri~dlction - The consolidatod plan is authori2a! under Sbte and local lavv (era applicable) attd
t-te jurisdiction poascssts the legal authority to carry out the programs for which it is socking funding, in
accordance with applicable HUD regulations.
Coas-stency ~rfth plan •- The housing activities to be undertalten with CDBO, HOM7;,•ESG, and HOPWA fund
are consistent with the strategic plan.
Section 3 -- It will comply vrith section 3 of tht Housing and U~b~rt Developtnrnt Act of (968, and
implementing re lotions at 24 CFR Part 135.
Merv 13. 2002
5ignature/Authorize Offici Date
Title County Executive
,1• , ,
Specific CDBG Ccrtlflcatlon9
The Entitlement Community certifies that:
Citizen )Participation -- It is in full compliance and following a d~:tailed citizen partieipatiort plan that satisfies
the requirements of 24 CFR 91. ]O5.
Community Develgpuient PlsAti -- Its eonsolidated housing and community development pltm identities
cvinmupity development and housing needs and specifics 1~oth short-term and lorig•b:rm community
development objectives that provide decent housing, expand eoonomie opportunities primarily for
persons of low and moderate income. (See CI:R 24~ 570.2 ford CFR 24 part 570)
Following a Plap -- It is following a current consolidated elan (or Comprehensive Dousing Affordability
Strategy) that has bcer- approved by HLID:
Use of )Fonds -- It has coraplitd with the following criteria:
~tiximum Feasible Prinr;cv, ~y~ respect to acti~ltice expxted to be assisted with CDBG fields,
it certifies that it has developed its Action Plan so as to give maximum feasible priority to
activities which benefit low and moderate income families or aid in,the prevention or elimination
of slums or blight. The Action Plan may also incUide activities which the gnmtce certifies aze
designed to reset other community development ruxd_9 having a particular urgency because •
existing conditions pose a serious and immediate threat to the health or welfare of the
c~~h', and other financial resources are not available);
2• _ Benefit The aggregate use of CDBG funds including section lOg guumttad loans
during program Year(s) 2002/2003 (a p~«1 specified by the grantee ~;onsisting.of one,
two, ,or three specific consecutive programs years), shall principally benefit jiersvns of low and
moderate income in a manner that rnsures that at least 70 percant of the amount is expended for
activities that benefit such persvn8 during tlic designated period;
3. Special Asses. It will not attempt a~ recover any capital cosh of public improvements
assisted arith CDBG fliads including Section 1081oan guaranteed funds by assessing say amount
against properties owned and occupied by persons of low and moderate inc~arne, including any
i'ee charged or assessment made as a condition of obtaining access to such public improvements.
However, if CDBG funds are used to pay the prop~~rtioA of a fee or assessment that relatbs to the capital
costs of public improvvements (assisted in lxirt with CDBG fiords) financed from other revenue
sources, an assetlQrritnt or charge may bs nnsde si;ainst the property with ro,pect ro the public
improvemrnts financed by a source other than C~~13G ttiiida.
~Y'kie jurisdiction will not atterilpt to recover any capital costs of public improvements assisted with
CDBG funds, including Section 108, unle:,s CDFG Hinds arc used to pay the proportion of fee or
assessment attributable to the capital costs of public improvoments financed from gther revenue
sources. let this case, an assessmrnt or ehargc maybe made against the pro~~otty with respect to
the public improvements financed by a source other than CDBG funds. Also, in the cast of
properties owned and occupied by moderate-income (not low-income) families, an assessrtient or
charge may be made against the property ibr put•lie improvements financed by a source other
than CL1BG Rinds if the jurisdiction oeitifies that it lacks CDBG funds to cover the assessment.
Excessive Forre -= It has adopted and is enforcing:
1. A policy prohibiting, the use of excessive force bylaw enforcement sgeneies within its
jurisdiction against any individuals engaged innon-violent civil rights dcmortstrations; and
2. A policy of rnforcing applicable State and local la•NS against physically bamag entrance to or
exit from a facility or locative which is the subject of such non-violent civil rights
demonstrations within its jurisdiction;
Compliance Witt Ant!-dlserimilnatlvn laws -- Tltc grant will be conducted and adtninistert:d in conformity
with title VI of the Civil Rights Act of 1964 (42 USC 200(Id), the Fair Housing Aar (42 USC 3601-3619),
and implementing regulations.
Lead-Based Ynixtt -Its notification, inapcction, testing and abatement procedures eonceFrrut$ lead-based paint
wild comply with the rCquiremcnts of z4 CFR §570.608;
Compliance rrith haws -- tt will comply with applicable laws.
C W May 13, 2002
Signatuce/Autltoriztd Offici Date
Tit1C County Executive
~.
5pecSfic HOME Certifl¢a~dons
The F-TOIV[B participating jurisdiction certifies that:
}
Tenant Based Rental Assistance -- If the participating juri,sdict{on intends to provide tenant-based tental
assistance:
The use of HOIviE funds for tenant-based rental assistance is an essential element of the participating
jurisdiction's consolidated plan for expandung the supply, affordability, and availability of
decent, safe, sanitary, and affordable housing.
Eligible Aetiwtties aad Cosb - it is using and will use HOhil; fiinda for eligible activities ar~d costa, as
descrtbed in 24 CFR § 92.205 thrpugh 92209 and that it is not.using and will not use HOME funds for
prohibited activities, as described in $ 92.214.
Appropriate Financial A~sistAnce -- before coaunitting any fiu~ds to a project, it will evalu:~te tht pmj~ct in
aaordanee witfi the guidelines that it adopts for this purpose and will not invest any more HOME funds
in combination •with other Federal assistance than is neccsaary to provide affordable housing;
Hay 13, 2002
S 8nature/Authociud Of'Scial Date
Title County Executive
Dl?N1lEirT 2.-
_ ~. t
~.llGA~. GOVERNMf NT G RAN'CEE
EMERGEwCY &HEL7ER t3RA~1TS PROt3RA11A
CERTIFICATIONS BY.TNE CHIEF ~)CECUTIVE OFFICER
1, Richard wittenbe , Chief lixecudve ~'ieer of
Santa Clara County certify that the local goverfnment will ertsura tfie provision of ttte
m~~$ supplr:meatal funds requited by the regulation at Z,{ CFR 576.51. I have attached to this
eertifieAtion a description of the sources and aaoourrb of st~tclr s4rpl~lemental funds.
I ftilrther certify that the local gvverngrerrt will comply with:
(1) The requiranFrrts of 24 CFR 576.2 l l;ax4) Erroviding that the funding of homeless
pnwcmion actinides foe fam(lies that have received eviction notices or notices of
termination of utility services will meet the re~ufrements that; (A) the inability of the
• family to make fire rtqulrtid payments must be the resuh of a sndderr r+edrrr:tion in income;
(B) tfie assistance must be necessary t0 avoid rriction of the fartuly or betmination of the
services to the family; (C) there must be a reasotrable prosTeet 'that the faarily wiU be able
bo resume paymarts within a ccasonabk period of time; and (D) the asseraance must riot
supplant funding for g bometes~t pcoverrtioa activities from any other soutoe.
(2) The requkements of 24 CFR 576.53 coocernint; lire continued use of buildings for which
emergency shelter grants are used for rehabilitation or cotrversion of bui4~ings for use as
emergency shettets for the homeless; or when fonds arse rued solely for alrrrating costs or
essential services.
(3) Tht building standards requirement of Z4 CIFR 576.55;
(4) The requirements of 24 CFR 576.56. concerning assistance to the homdesr; and
(S) The requirements of 24 CFR 57657, othr~ apEu.~,niate provisioos of 24 (±1~R Pert 576, end
other applicable Federal laws concerning nondiscriarloatiop and equal opportunity
(6) The requirements of 24 CFR 576.59(b) ooncerniag the Uniform Relocation Assismnce and
Real Property Acquisition Policies Act of (970.
(7) Tite requirement of 24 CFR 576.59 conc~yrning minimizing We diaplaamrnt of persons as
a result of a project essisoed with these fwnds.
(8) The requirements of 24 CFR Part 24 concerning the Dntg lrree Workplace Act of 1988.
(9) The rcquirerrtarrts of 24 CFR 576.56(x) nerd 576.65(b) tfiat grantees develop and implement
procedures to ~asure the confrdentiality of records pertaining to any individual provided
family violence prevetRion or treatment s~ervice:~ under any project assisted with I;SG fiends
and that the address or location of any :fartrily violence shelter project will not bd made
public., except with written authorization of the person or persons resportAible far rite
operation of such shelter.
• _ , . , (10) The tequiremer. ~tt recipients involve, to the maximum rt } practiuible, homeless
individuals and t~.nilies in policymal+cing, rdtova~tinlF maintaining, and operating fe~cilitiw
assisl'aed under the ESG program, and in providing; Cervices for occupants of these facilities
as provided by 24 CF`R ~6.Si;,
(1l} 'The requirtments of 24 CFA 576.57(0) are a~et dealing with the prmisioQS of, and
regulations and procedures applicable with respect to the cmirorunental revirr'-v
responsibilities under the National Environmi:ntal Policy Act of 19ti9 and related
authorities as specified in 24 CFIZ PArt 58.
i further certify drat the subtnissioa of a completed and approved Consolidated Ptah with its
eertifteativns, which act as the appiicutlon for an Emeegency Shelter t3rant. is authorized unifier State andlor
local law, and that the local govetntnaat possesses legal authority to carry out groat attivities in accordance
with the applicable laws and regulations of We Department of Hot~siag apd Urban Development.
Nazne and Title
Signatucc of Chief $~ecutive C+ffic
May i ~ _ ~nn~
Date
County Executive
Title
APP)~IYY)IK TO CE]1tTIFICATIONS
INSTRUCTIONS CONCBRNIlVG LOBBYITIC ANb bRU(i-FRET: WORKPLACIr Rl?QUIRF.MENTS:
1
A. Lobbying Certification
This certification is a material represcntatian of fact upon which reliartee was plaeed ~vhcn this
transaction was made or entered into. Submission of this certification is a prcn~quisite
for making or entering into this transaction u:nposeti by section 1352, title 31, U.S. Code.
Any person who fails to file the required ceri~ficaticm shall be subject to a civil penalty
of not less than $10,000 and not more than $100,004 for each such fhiltue.
B. Drug-Frcc Workplace Certification
1. By signing andlor submitting this applicati~m or grant agreement, the
grantee is providing tfie certification.
2. The ccrtification is a material representaltion of fact upon which reli.a~tce is
placed when the agency awards the ~;tant. ~(f it is later dctermined that the
grantee knowingly rendered a false c;ertific;ition, or otherwise violates the
requirements of the Drug-Free Worldlace Act, 1=I[.1ll, in addition to any vthcr
rcmcdics available to tht Federal Gc~vernmcnt, may take action authc~rizcd undcr
the I~Rrg-Free Workplace Act.
Workplaces under grants, for grantees other than individuals, need not
be identified on the certification. If'known, they may be idcntifi~ed ire the
grant application: If the grantee does not identify thG workplaces ~ the
time of application, or upon award, i,f them is no appliwtiion, the grantee
must kccp the idrntity of the workplace(s) on file in its office and nuke
the inforrnatiion available for Federal inspection. Failure to identifyt :al
known workplaces constitutes a violation of the grantee's drug-free
workplace requirements.
4. Workplace ideatificatiotts must include tbe: actual address of buiildit>r;a
(or pmts of buildings) or other sites where work under the gratat tales
place. Categorioal descriptions may be us+:d (e.g., all vehicles of a aucss
transit authority or State highway de:parnnrht while in operation, State
employees in each local unemployment office, performers in Dancer:
balls or radiq stations).
5. If the workplace identified to the agency changes durigg the
performance of tht grant, the grantee shall inform the agt:ncy of the
change(s), if it previously identifi~cl the workplaces in question (see
paragraph three).
6. The grantee tna~ insert in the space provided below the site(s) for the
performance of work done in cormection with the specific grant:
Place of Puformanee (Street address, city, county, state, zip code)
Check _ if them arc workplaces on f Ic that are not identiSed here:.
The certification with regard to the drug-free workplace is required by 24 CFR pert 24, subpart F.
7. Dctinitions of ternu in the Nonprocurcmerit Suspension and 1)ebatmcnt
• common rule and chug-Free Workplace common tulo apply to this
cutiScation. Grantees' attention is called, in particular, to the following
defiaitions from these rules:
"Controlled srrbatance" means a controlled substance in Schedules I through V of the
Controlled Substatxxs Act (21 U.S.C. 6121 and as further definod by
regulation (21 CFIZ 1308. t 1 ttuvugh 1308.15);
"Conviction" means a fending of guilt (including a plea of solo conRendere) or
impoaitioa of sentence, or boat, by day ju+6eial body charged with the
ceapartsibility tv de0amine violation of the Federal or State critnitul
drug s4tutes;
"Criminal drug statute" marts. a Federal or non-Fod~eral criminal statute involving the
manufacture, distribution, dispensing, use, oc possession of atey
co:ttroued substance;
"Employee" means tlu employee of a granter directly engaged in the performance of
work under a grant, including: (i~ All "direct charge" employees; (ii) all
"indirect charge" employees unless their impact or involvement is
waignificattt to the pafQrmance of the great; and (iii) temporary
petsottttel and cosuultaetta who ate directly engaged in the perfotmfu~ce
of work tundtt the grant and who ate on the gt~aritce's payroll. This
deftnition does not includo workrra not on the payroll of the grarttaa
(e.g., vbluttteers, even if used to mat a matching requitt;tttrnt;
consultants or indepeAdent coutractore nc-t oar the grantee's payroll; or
ctnployees of aubrecipituts or subcontractors in covered workplaces).
ASSURE~NCES
EXEIIBIT F
CORPORATION hereby assures and certifies th2.t it will comply with all regulations, policies,
guidelines and requirements applicable to the acce:ptance 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, Pan: 570, Subpart J; 24 CFR, Part 570, Subpart K;
and will be conducted and administered in conformity with "Public Law 88.352 and Public Law
90-284.
570.601. Public Law 88-352 and Public L.~w 90-284; affirmatively furthering fair
housing; Executive Order 11063, as amenc.ed 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 A~:quisition.
7. 570.607. Employment and Contracting Opportunities.
570.608. Lead-Based Paint.
9. 570.609. Use of Debarred, Suspended, or 3:neligible 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 I-[igher 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/la/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
EXH1BlT F -ASSURANCES 2 REVISED 11/1 a/00
B-2 (HCD-O)
EXHIBIT G
INSURANCE REO~:IIREMENTS FOR
NON-CONSTRUCTION /NON-PROFES~'~IONAL CONTRACTS ABOVE $100 000
Indemni
The Contractor shall indemnify, defend, and hold harmless the County of Santa Claza (hereinafter
"County"), its officers, agents and employees fr~~m any claim, liability, loss, injury or damage
arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents,
employees or sub-contractors, excepting only loss; injury or damage caused by the sole negligence
or willful misconduct of personnel employed by the County. It is the intent of the parties to this
Agreement to provide the broadest possible coverage for the County. The Contractor shall
reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to
any litigation in which the Contractor is obligat~;d to indemnify, defend and hold harmless the
County under this Agreement.
Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and
maintain at its own expense, during the term of this Agreement, or as may be further required
herein, the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of
Insurance certifying that coverage as req~rired herein has been obtained. The County's
Special Endorsement form shall accomF~any 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 not receive a Notice to Proceed with the work
under the Agreement until it has obtained all insurance required and such insurance has been
approved by the County. This approval of insurance shall neither relieve nor decrease the
liability of the Contractor.
B. Qualifying Insurers
All coverages, except surety, shall be issL~ed 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.
C. Insurance Required
2.
3.
B-2 (HCD-O)
EXHIBIT G
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
£ 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
Clara, and members of the Board of Supervisors of the County of Santa
Clara, and the officers, agents, and employees of the County of Santa Clara,
individually and collectively, as additional insureds. 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 (H(~D-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 provided under .this policy.
Notice of Cancellation or Change 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) and property damage which provides total limits
of not less than one million dollars ($1,000,000) combined single limit per
occurrence applicable to all owned, non-owned and hired vehicles.
Workers' Compensation and Em~lc~yer's Liability Insurance
a. Statutory California Workers' 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;.
Coverage under the Uniteci States Longshoremen's and Harbor Workers'
Act shall be provided when applicable.
D. Special Provisions
The following provisions shall apply to thi:~ Agreement:
1. The foregoing requirements as to the types and limits of insurance coverage to be
maintained by the Contractor and ~~ny approval of said insurance by the County or
its insurance consultant(s) are not intended to and shall not in any manner limit or
qualify the liabilities and obligations otherwise assumed by the Contractor pursuant
B-2 (HCD-O)
EXHIBIT G
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
4
~,~1
'u ~ "
AGREEP/IENT
This Agreement is made and entered into tl-is 6th day of February, 2003, by and between
the CITY of Cupertino, a municipal corporation ("CITY") and Cupertino Community Services, a
nonprofit corporation ("CORPORATION").
WITNESSETH
WHEREAS, CITY has received Community Development Block Grant (hereinafter
"CDBG") funds through a Joint Powers Agreement with the County of Santa Clara, which is an
Urban County entitled to CDBG funds from the United States Department of Housing and Urban
Development (hereinafter known as HUD).
WHEREAS, CITY has agreed to allocate a portion of its CDBG funds to CORPORATION
as a subrecipient for public service related acti~rities within the CITY which shall primarily
benefit very low and low income households.
NOW, THEREFORE, the parties agree as follows:
I. PROGRAM
CITY agrees to allocate to the CORPORA'T'ION a sum not to exceed $25,000.00 in funds
for the purpose of implementing the housing program ("Program") as more particularly described
in Exhibit "A" (Program Description), Exhibit "B" (Project Work Plan and Time Schedule), and
Exhibit "C" (Project Budget).
II. TERM
The term of this Agreement shall begin Jul}~ 1, 2002 and shall terminate June 30, 2003, or
the date of the expenditure of the total grant amount provided for herein, or upon the termination
date established pursuant to Section V or Section ~JII.
III. OBLIGATIONS OF CORPORATION
A. Organization of CORPORATION. CORPORATION shall:
1. Provide CITY with:
a. Its Articles of Incorporation under thE; laws of the State of California;
b. A copy of the current Bylaws of CORPORATION;
c. Documentation of its Internal RevenL~e Service nonprofit status;
d. Names and addresses of the current Board of Directors of CORPORATION; and,
e. An adopted copy of CORPORATION'S personnel policies, procedures and
approved affirmative action plan.
2. Report any changes in CORPORATION'S Articles of Incorporation, Bylaws, Board of
Directors, personnel policies and procedures, affirmative action plan, or tax-exempt
status immediately to Program Manager.
3. Maintain no member of its Board of Directors as a paid employee, agent or
subcontractor under this Agreement.
4. Open to the public all meetings of its Board of Directors, except meetings, or portions
thereof, dealing with personnel or litigation matters.
5. Keep minutes of all its regular and special meetings.
6. Comply with all provisions of California Nonprofit CORPORATION Law.
B. Program Performance by CORPORATION. CORPORATION shall:
1. Conduct the PROGRAM within the City of Cupertino for the purpose of benefiting very
low and low-income households.
2. File quarterly narrative reports with the CITY on the types and numbers of services
rendered to Cupertino beneficiaries through the operation of the project, which reports
shall evaluate the manner in which the project is achieving its goals. The reports shall
be due within ten (10) working days of the end of the calendar year and shall cover the
entire year immediately preceding the date on which the report is filed. Said reports
shall be made on forms approved by CITY.
3. Coordinate its services with other existing organizations providing similar services in
order to foster community cooperation and to avoid unnecessary duplication of
services.
4. Seek out and apply for other sources of revenue in support of its operation or services
from local, state, federal and private sources and, in the event of such an award, inform
CITY within ten days.
5. Notify CITY within ten (10) days of the receipt of any local, state, federal, or private
sources of revenue for use in support of this operation or service.
6. Include an acknowledgment of CITY funding and support where appropriate.
C. Fiscal Responsibilities of CORPORATION. CORPORATION shall:
1. Appoint and submit the name of a fiscal agent who shall be responsible for the financial
and accounting activities of CORPORATION, including the receipt and disbursement
of CORPORATION funds. The CITY :;hall immediately be notified in writing of the
appointment of a new fiscal agent and that agent's name.
2. Establish and maintain an accounting system that shall be in conformance with
generally accepted principles of accounting. The accounting system shall be subject to
review and approval of CITY.
3. Document all Program costs by maint~.ining records in accordance with Section III,
Paragraph D below.
4. Submit on a quarterly basis, within ten (10) working days of the end of the quarter, a
payment request containing a summary statement of proposed expenditures and
revenue for the quarter immediately foll~~wing the date on which the report is filed and
cumulative totals from the effective date; of this agreement. In addition, the amount of
actual expenditures shall be reported to CITY within ten (10) working days of the end
of each quarter. Said reports shall be made on forms approved by CITY.
5. Submit to the CITY'S Finance Director an annual audit performed by an independent
auditor.
6. Certify insurability subject to CITY approval as outlines in Exhibit "E" (Insurance).
7. If applicable, submit an indirect cost plan to CITY for approval.
8. Items 1 through 7 are express condition" precedent to any CITY funding and failure to
comply with these conditions will, at discretion of CITY, result in suspension of
funding or termination of this Agreement.
9. CORPORATION is liable for repayment: of all disallowed costs. Disallowed costs may
be identified through audits, monitoring; or other sources. CORPORATION shall be
required to respond to any adverse findings that may lead to disallowed costs. The
CITY shall make the final determination of disallowed costs, subject to provisions of
OMB Circular A-122, "Cost Principles for Non-Profit Organizations."
D. Establishment and Maintenance of Records. CORPORATION shall maintain complete and
accurate records of all its 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 (1) all direct
and indirect costs of whatever nature claimed to have been incurred or anticipated to be
incurred to perform this Agreement or to oAerate the Program, and (2) all other matters
covered by this Agreement.
E. Preservation of Records. CORPORATION shall preserve and make available its records:
1. Until the expiration of three years from the date of final payment to CORPORATION
under this Agreement; or
2. For such longer period, if any, as is required by applicable law; or,
3. If this Agreement is completely or partially terminated, the records relating to the work
terminated shall be preserved and made available for a period of three years from the
date of termination.
F. Examination of Records; Facilities. At any time during normal business hours, and as often
as may be deemed necessary, CORPORATION agrees that the CITY'S authorized
representative(s) may until expiration of (1) three years after final payment under this
Agreement, (2) three years from the date of termination of this agreement, or (3) such longer
period as may be described by applicable law, have access to and the right to examine its
plants, offices and facilities used in the performance of this Agreement or the operation of
the Program, and all its records with respect to the Program and all matters covered by this
Agreement. CORPORATION also agrees that the CITY'S authorized representative(s) shall
have the right to audit, examine, and make excerpts or transactions of and from, such
records and to make audits of all contracts and subcontracts, invoices, payrolls, records of
personnel, conditions of employment, material and all other data relating to the Program and
matters covered by this Agreement. CORPORATION will be notified in advance that an
audit will be conducted. CORPORATION will be required to respond to any audit findings,
and have the responses included in the final audit report. The cost of any such audit will be
borne by CITY.
G. Compliance with Law. CORPORATION shall become familiar and comply with and cause
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 Exhibit "F" (Assurances). Specifically, CORPORATION shall comply
with the requirements and standards of OMB Circular No. A-122, "Cost Principles for Non-
Profit Organizations" and the following attachments to OMB Circular No. A-110:
1. Attachment A, "Cash Depositories, "except for Paragraph 4 concerning deposit
insurance;
2. Attachment B, "Bonding and Insurance;"
3. Attachment C, "Retention and Custodial Requirements for Records;"
4. Attachment F, "Standards for Financial Management Systems;"
5. Attachment H, "Monitoring and Reporting Program Performance," paragraph 2;
6. Attachment N, "Property Management Standards," except for paragraph 3 concerning
the standards for real property; and
7. Attachment O, "Procurement Standards."
IV. OBLIGATIC-NS OF CITY
A. Method of Payment. During the term ~~f this Agreement, CITY shall reimburse
CORPORATION for all allowable costs acid expenses incurred in connection with the
Program, not to exceed the total sum of Twenty Five Thousand Dollars and No Cents
($25,000.00) except that the CITY may, aftc;r the corrective action procedure is followed,
suspend or terminate payment to CORPORATION, in whole or in part, under this
Agreement or not to make any particular payment under this Agreement based on
CORPORATION'S noncompliance, including;, but not limited to, incomplete documentation
of expenses, failure to submit adequate progress reports as required herein or other incidents
of noncompliance as described in Section V, ]Paragraph B, of this Agreement or based on the
refusal of CORPORATION to accept any additional conditions that may be imposed by
HUD at any time, or based on the suspension or termination of the grant to CITY made
pursuant to the Housing and Community Development Act of 1974, as amended.
V. CONTRACT COMPLIANCE
A. Monitoring and Evaluation of Services. :Evaluation and monitoring of the Program
performance shall be the mutual responsibility of both CITY and CORPORATION.
CORPORATION shall furnish all data, ~~tatements, records, information and reports
necessary for Program Manager to monitor., review and evaluate the performance of the
Program and its components. CITY shall have the right to request the services of an outside
agent to assist in any such evaluation. Such services shall be paid for by CITY.
B. Contract Noncompliance. Upon receipt by CITY of any information that evidences a failure
by CORPORATION to comply with any provision of this Agreement, CITY shall have the
right to require corrective action to enforce compliance with such provision. Areas of
noncompliance include but are not limited to:
1. If CORPORATION (with or without knowledge) shall have made any material
misrepresentation of any nature with respect to any information or data furnished by
CITY in connection with the Program.
2. If there is pending litigation with respect to the performance by CORPORATION of
any of its duties or obligations under th ~s Agreement which may materially jeopardize
or adversely affect the undertaking of or the carrying out of the Program.
3. If CORPORATION shall have taken any action pertaining to the Program which
requires CITY approval without having obtained such approval.
4. If CORPORATION is in default under any provision of this Agreement.
5. If CORPORATION makes improper use of CITY funds.
6. If CORPORATION submits to CITY any report which is incorrect or incomplete in any
material respect.
C. Corrective Action Procedure. CITY upon occurrence or discovery of noncompliance by
CORPORATION under this Agreement, shall give CORPORATION notice of CITY'S
intention to demand corrective action to enforce compliance. Such notice shall indicate the
nature of the noncompliance and the procedure whereby CORPORATION shall have the
opportunity to participate in formulating any corrective action recommendation. CITY shall
have the right to require the CORPORATION President and/or Executive Director to appear
at a hearing or meeting called for the purpose of corrective action. Thereafter, CITY shall
forward to CORPORATION specific corrective action recommendations and a detailed
timetable for implementing these recommendations; such timetable shall allow
CORPORATION not less than ten (10) nor more than thirty (30) days to comply. Following
implementation of the corrective actions, CORPORATION shall forward to CITY, within
the time specified by CITY, any documentary evidence required by CITY to verify that the
corrective actions have been taken.
In the event that CORPORATION does not implement the corrective action
recommendations in accordance with the corrective action timetable, CITY may suspend
payments hereunder or terminate this Agreement.
D. Termination for Cause. Notwithstanding anything to the contrary contained in the foregoing,
CITY may terminate this Agreement by written notice to CORPORATION, if any of the
events of noncompliance listed in Section V, Paragraph B, occur or are discovered, if
CORPORATION does not implement any recommended corrective action, if
CORPORATION is in bankruptcy or receivership, if a member of the CORPORATION'S
Board of Directors, the Executive Director or other administrative staff person is the subject
of investigation for wrongdoing, or if there is reliable evidence that CORPORATION is
unable to operate the Program. Termination under this section shall be effective on the date
notice of termination is received or such later date as may be specified in the notice.
VI. PROGRAM COORDINATION
A. CITY: The Housing and Services Planner, or his/her designee, shall be the Program
Manager for the CITY and shall monitor progress and performance of this Agreement for
CITY. The Program Manager shall be responsible for all services agreed to be performed by
CITY.
B. CORPORATION: A single Program Director who shall have overall responsibility for the
progress and execution of this Agreement shall be assigned. Should circumstances or
conditions subsequent to the execution of this Agreement require a substitute or replacement
Program Director, CORPORATION shall immediately notify CITY of such occurrence.
Program Director and CORPORATION staff will cooperate fully with CITY in fulfillment
of this Agreement.
C. Correspondence: All correspondence and notices required by this Agreement shall be sent to
the parties at the following address:
CITY: Senior Planner (Housing Services), Community Development Department, City of
Cupertino,10300 Torre Avenue, Cupertino, CA 95014
CORPORATION: Executive Director, 10185 P1orth Stelling Rd., Cupertino, CA 95014
All notices shall either be hand delivered or sent by United States mail, registered or
certified, postage prepaid. Notices given in such ~i manner shall be deemed received when hand
delivered or seventy-two (72) hours after deposit in the United States mail. Any party may
change his or her address for the purpose of this section by giving five (5) days written notice of
such change to the other party in the manner provided in this section.
VII. TERMI[VATION
A. In addition to CTTY'S right to terminate for cause set forth in Section V, either CITY or
CORPORATION may suspend or terminate this Agreement for any reason by giving thirty
(30) days prior written notice to the other parlay. Upon receipt of such notice, performance of
the services hereunder will be immediately discontinued.
B. Upon termination, either under this Section VII or Section V, CORPORATION shall:
1. be paid for all documented services actually rendered to CITY to the date of such
termination; provided, however, CITY shall be obligated to compensate
CORPORATION only for that portion of CORPORATION'S services which are
allowable costs and expenses as determined by an audit or other monitoring device;
2. turn over to CI'T'Y immediately any and all copies of studies, reports and other data,
whether or not completed, prepared by CORPORATION or its subcontractors, if any,
in connection with this Agreement. ~~11 documents from applicants or regarding
applicants shall be treated confidentially. Such materials shall become property of
CITY. CORPORATION, however, shall not be liable to CITY'S use of incomplete
materials or for CITY'S use of completed documents if used for other than services
contemplated by this Agreement; and
3. transfer to the CITY any CDBG funds or- hand and any accounts receivable attributable
to the use of CDBG funds. All assets acquired with CDBG funds shall be returned to
the CITY.
C. Upon termination of this Agreement, CORPORATION shall immediately provide CITY
access to all documents, records, payroll, minutes of meetings, correspondence and all other
data pertaining to the CITY funds granted to ('ORPORATION pursuant to this Agreement.
VIII. PURCHASING REAL OR PERSONAL PROPERTY
A. Title to Personal Property. Title to any personal property used in connection with the project
shall vest as follows:
1. Personal property donated or purchased with other than CITY funds shall become the
property of CORPORATION or person specified by the donor or funding source;
otherwise the same shall become the property of CITY except for property and
equipment as described in 2.
2. Personal property and equipment permanently affixed to building owned by
CORPORATION shall become the property of CORPORATION.
3. All other personal property, supplies and equipment purchased pursuant to this
Agreement and not consumed shall become property of CITY.
B. Non expendable Property. Non-expendable property purchased by CORPORATION with
funds provided by CITY, with a purchase price in excess of One Hundred Dollars ($100),
must be approved in advance in writing by CITY. CITY shall retain title to said property. If
a Program will be continued beyond termination of this Agreement, CITY at its option, may
revert title to CORPORATION.
C. Purchase of Real Property. None of the funds provided under this Agreement shall be used
for the purchase of real property, unless CITY approves such purchase in writing containing
any conditions the CITY deems appropriate prior to the time CORPORATION finalizes
such purchase. Approval of any such contract or an option to purchase shall be processed
through the Program Manager.
D. Security Document. As a condition precedent to CITY releasing funds for the purchase of
real property or an option to purchase real property, CORPORATION shall prepare and
execute a promissory note, deed of trust or other Agreement restricting the use of said real
property for purposes consistent with this Agreement, HUD and CDBG requirements.
IX. PROGRAM INCOME
Income generated by the Program shall be retained by CORPORATION. Such income
shall be used to reduce the monthly request for funds under this Agreement and for the same
purposes and activities described in Exhibit A. All provisions of this Agreement shall apply to
the use of Program income for such activities.
X. INDEPENDENT CONTRACTOR
This is an Agreement by and between independent contractors and is not intended and
shall not be construed to create the relationship of agent, servant, employee, partnership, joint
venture or association between CORPORATION and CITY. CORPORATION, including its
officers, employees, agents or subcontractors, shall not have any claim under this Agreement or
otherwise against CITY for any Social Security, Worker's Compensation, or employee benefits
extended to employees of CITY.
XI. ASSIGNABILITY
A. This Agreement may not be assumed nor assigned to another corporation, person,
partnership or any other entity without the prior written approval of CITY.
B. None of the work or services to be perfornied hereunder shall be assigned, delegated or
subcontracted to third parties without the prior written approval of CITY. Copies of all third
party contracts shall be submitted to CITY at least thirty (30) days prior to the proposed
effective date. In the event CITY approves any such assignment, delegation or subcontract,
the subcontractors, assignees or delegatf;s shall be deemed to be employees of
CORPORATION, and CORPORATION shall be responsible for their performance and any
liabilities attaching to their actions or omissions.
XII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION
CITY and CORPORATION agree to m:zintain the confidentiality of any information
regarding applicants for services offered by the Program pursuant to this Agreement or their
immediate families which may be obtained through application forms, questionnaires,
interviews, tests, reports from public agencies or counselors, or any other source. Without the
written permission of the applicant, such inforrr~ation shall be divulged only as necessary for
purposes related to the performance or evaluation of the services and work to be provided
pursuant to this Agreement, and then only t~~ persons having responsibilities under this
Agreement, including those furnishing servi~:es under the Program through approved
subcontracts.
XIII. HOLD H:ARMLES S
CORPORATION shall indemnify and hold CITY, its officers, employees and elected
officials, boards and commissions, harmless with respect to any damages, including attorney's
fees and court costs, arising from:
A. the failure of the Program to comply with ~ipplicable laws, ordinances, codes, regulations
and decrees; or,
B. any negligence or omission arising out of any work or services provided by
CORPORATION, its officers, employees, agents or subcontractors under the Program or
this Agreement.
XIV. WAIVER OF RIGHTS AND REMEDIES
In no event shall any payment by CITY constitute or be construed to be a waiver by
CITY of any breach of the covenants or conditions of this agreement or any default which may
then exist on the part of CORPORATION, and tl•~e making of any such payment while any such
breach or default shall exist shall in no way impair or prejudice any right or remedy available to
CITY with respect to such breach or default. In rto event shall payment to CORPORATION by
CITY in any way constitute a waiver by CITY of its rights to recover from CORPORATION the
amount of money paid to CORPORATION on ar~y item which is not eligible for payment under
the Program or this Agreement.
XV. NONDISCRIMINATION
In connection with the performance of this Agreement, CORPORATION assures that no
person shall be subject to discrimination because of sex, race, religion, ethnic background, sexual
preference, age, handicapped status or union activity.
XVL AMENDMENTS
Amendments to the terms or conditions of this Agreement shall be requested in writing
by the party desiring such amendment, and any such amendment shall be effective only upon the
mutual Agreement in writing of the parties hereto.
XVII. INTEGRATED DOCUMENT
This Agreement contains the entire Agreement between CITY and CORPORATION with
respect to the subject matter hereof. No written or oral Agreements with any officer, agent or
employee of CITY prior to execution of this Agreement shall affect or modify any of the terms
or obligations contained in any documents comprising this Agreement.
~. , ~~ X,~III. MISCELLANEOUS
A. The captions of this Agreement are for convenience of reference only, and the words
contained therein shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Agreement.
B. All exhibits attached hereto and referred to in this Agreement are incorporated herein by this
reference as if set forth fully herein.
This AGREEMENT, consisting of eleven (11) pages, contains the entire agreement
between CITY and CORPORATION respecting the allocation of CDBG funds for the provision
of housing services.
CORPORATION has executed this Agreement in triplicate on this _ ~ ~ }day of
February, 2003. _(__
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Board of Directors
CITY has executed this Agreement in triplicate on this ~ day of February, 2003.
_ 1
By: -~J
David W. Knapp
City Manager
Attestec
Approved as to
EXHIBIT A
PROJECT PROPOSAL COVER PAGE
t~enera~ nnu~n~auv~i
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 ,3ervices
Address City State Zip Code
10185 N. STEELING ROAD CUPERTINO CA 95014
Telephone Number F~~x Number
408 255-8033 4~J8 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 as possible. Include general information, such
as the number of units, number of Cupertino resi~~ents 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 st~~bilization 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 and personal stability
• assist guests to find stable housing.
The Rotating Shelter serves homeless men from tre West Valley areas, including Cupertino,
Sunnyvale, Los Gatos, West San Jose, and Saratoga. Many are very low and low income.
Applicants are carefully screened so that they can Ise 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, e:~ch can stay up to 90 days. The shelter serves
approximately 85-90 men annually.
• 80 homeless men will receive shelter, food, and case management
• 80% will find and/or maintain employment during their stay at the shelter
• 60% will find stable housing upon leaving the shelter
:i
EXHIBIT B
Project Worlc Plan
Fiscal Year 2002-2003
`:~:,;:~,~:~ i~arne: Cupertino Community Services, Inc.
i~~,;j~c~ Name: Cupertino Rotating Shelter Pro rg am
Project #:
For Office Use Only
Date Prepared: FeUruar-~ 19`x', 2002
Santa Clara County HCD
ltcsponsible staff person(s) and
ahpcoxineate percentage of time charged
to this activity
Activity for period
Zoos-aoo3
Annually
Products or milestones
j Program Manager (75%)
~ Shelter Supervisor (100%)
Executive Director (15%)
Director of Housing Services (IS%)
~I Office Manager/I3ookkeeper (15%)
Receptionist (15%)
•
•
•
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
• 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 trtanagetnent
(approximate daily cost per person
$25.11)
6
EXHIBIT C
Proposed Implementation Time Schedule
Abency Name: Cupertino Community Services, Inc.
Fiscal Year 2002-2003
Project Name: Cupertino Rotating Shelter Program Project #:
For Office Use Only
Date Prepared: Febrt~ary 19`x', 2002
Santa Clara County HCD
Specific Activities JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUN
Screen and interview applicants X X X X X X X X X X X X
r,~taintain daily Shelter operations X X X X X X X X X X X X
f~'luniior progress of guests X X X X X X X X X X X X
'r;t;rdinatc with volunteer. congregations X X X X X X X X X X X X
f +~;v;~l~~p job leads for guests X X X X X X X X X ~: X X
l~,;il,,rr~ a}3 n~oniloring of former guests X X X X X X X X X X X X
I:•~~~1~~,~iu program and modify X X X X
i_;~,,, this workload be incorporated into the on-going workload of the applicant and successfully be implemented according to this schedule? YES
5cltcdule approved by: Jaclyn Fabre Title: Executive Director Date: February 19`'', 2002
EXHIBIT D
Agency Name: Cupertino Communit~Services, Inc.
BUDGET
Fiscal Year 2002-2003
Project Name: Cu~rtino Rotating Shelter Proeram Project ##:
For Office Use Only
Date Prepared: February 19"', 2002
Santa Clara County I1CD
APR MAY TUN
JUL AUG SEPT OCT NOV DEC JAN FEB MAR .
LINE ITEM ~
SALARIES
2
812
1
812
1
812
1
Personnel-Total Budget 1,812 1,812 1,812 1,812 1,812 1,812 1,812 1,812 1,81 , , ,
"
1 271 271 271
Benefits-Total Budget 271 271 271 271 271 271 271 271 27
OFFICE EXPENSE
Rent
Phone/FAX
Printing
Travel
Utilities
PROTECT EXPENSES
Accounting Services
Auditing Fees
Insurance
i~avis-Bacon Compliance
ION
i'Rf).11;CT CONSTRUCT
Appraisal
%?nl;ineering Services
A rch i tec tural/Desi gn
_~_c~Iuisition
mite investigation
r , ',
'sghibit E
c$~'~cA~tolvs
In accordance with ~ applicable statutes and the n:gulatibna govetnitt~ the consolidE~ted plan
regulations, the jurisdiction certifies that:
Affirmatively Farther Fair l~ou9ing -- The jurisdietioa Will off-utnatively further fair housing, which
means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take
appropKiate actions to. overcome the effects of say i~trtpledinitats idttttificd through thtt analysis, and
maintain records reflecting that analysis utd actions in thiF regard,
Anti-displacement and Relocation Yla~ -- It will comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance; and. R~:al Property Aequisitiotw ~~~lieies Act of 1970,
as srnended, and unplementiutg regulations at Q9 CFR 24; .snd it has is effect and is fallowing a
residential amtidisplacement dnd relocation assistar~ plan required under section l0~(d) of the Housing
and Cvrnmunity Dtvelopment Act of 1974, as amended, in connection with any activity assi¢ted with
finding under the CDBG or HQME programs.
Drag Free VNorlkplace - it will or will continue u~ provide adrug-flee worlcplax by:
Publishing a statement notifying employa:s that the unlawful mauufacturt, ~iistnbution,
dispensing, possession, or use of a controllled aulx:tartce is prohibited in the ipantae'a workplace
and spceifyfng the actions that will be take:u against employees for violation of such prohibition;
2. Establishing an ongoing drug-free awarem:ss proipain to inform employees about -
(a) The dangers of drug abuse in the workplace;
(b) The grantre's policy of mairttainiag a drug-free workplace;
(e) Any available drug ~elirtg, relhabiiitstion, sad employoe aasist~t>c~ pmgrauu; and
(d) The penalties that msy be imposai upcxi employees for drug abate violations occurring
in the wormlace;
3. Malting it a requirctnait that cash employee to b+; cngagod in the performaiicC o€ Qte grarrt be
given a copy of the etaternettt required by paragraph 1; .
~- Notifying the eruployx in the statement required by paragraph 1 that, as s condition of
emfiloyment under the grant, the employee will -
(a) Abide by the terms of the statement; and
(b) Notify the employer izt writing of his or her conviction for a violation of a criminal drug
statute oecun-ing in the workplace; no later than five calendar days after such conviction;
Notifying the agency in writing, within ten calendar days after receiving n~~tice under
subpitragraph 4(b) from art employee or othe~vi:~c receiving actual notice i~f such conviction.
Employes of convicted employees must irrovidr, notice, including position title, to every grant
officer or other designee on whose grant iictivit} the convicted entployte vv~as working, unless
the Federal agency has desi~ttated a central point for the receipt of such notices. Notice shall
include the identification number(s) of each affected grant;
6. Taking one of the following notions, within 30 calendu dayR of reeeivit+g notice under
subparagraph 4(b), with respaet to any etYy~loyee who is sv convicted -
(a) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation A.et of 1973, as
attxatded; ~
(b) Requiring such employee to participate satisfactorily In a drug abust~ assistance or
rehabilitation program approved fvr such inuposos by a Fedearal, State, or local health,
law enforcement, or other appropriate agency; '
~• Mxking a good faith effort to continue m maintain adrug-free wot'igalace through
implementation of paragraphs 1, 2, 3, 4, 5 and 6.
Anti-Lobbying .- To the best of the jwiadiction's knowledte and belief
No Federal appropriated funds love been paid or will be paid, by or as behalf of it, to any person
far influencing or attempting to influence an oiicer or employee of any agency, a Mcmttcr of
Cotrgxrss, an officer a employee of Congress, or an emploryee of a Mernba• of Congress in
connection with tfre awarding of any Federal contract, the malaitg of any Federal grant, the
making of any Federal loan, the entering into of eny cooperative agr'urrrent~ arrd the extension,
continuation, renewal, amendment, or raodifteati~m of any Federal contract, giant, loan, or
cooperative agreement;
2• If any funds other than Federal apprnpriated funds have been paid or will b~: paid to any ptrsott
for influencing or•atteurgting to influetree an oPRcer vt employee of say agiarry, a Member of~
Corrgtrss, arr officer or employee of Coyest, q an employoe of a Membaf of Congress in
cotntieCtion with this Federal contract, grant, loan, or cooperati~rt agretmiettc, it will oosuplete and
submit Standard Form-T.I.L, "Disclosure Form tc• Report Lobbying," is accordance with its
instructioAS; and
3. Ic will require that the Isngtrape of puagraph 1 arrd 2 of this anti-lobbying c:crtificatiorr be
inclttd+od in the award doctrrrrcnts for all sub~awar3s at all tics (ipcludmg subcontracts, subgranta,
and contracts uztder grants, loans, and coopcrativc agrecrtretrta) trid ttrat all subrecipierrts stall
certify and disclose accoYdhtgly.
Authority of Jnri~diction - 'The coasolidabod plan is authorizers under State and local la~~ (sa applicable) and
the jurisdiction poascsses the Icgal authority to carry out the programs for which it is xcldn8 funding, in
accordance with applicable HUD regulations,
Coaslstency rrit6 plan -- The housing activities to be undertaken with CDBO, HOMI;,~ESG, and HOPWA funds
are consistent with rho strategic plait.
Section 3 -- It will comply with section 3 of the Housing and Urban Developmrnt Act of 1968, and
imPl~enting re lotions at 24 CFR Pan 135.
Mav 13. 2002
5ignatwre/Authorize Offici Date
Title County Executive
./•
Specific CDBG Certiflcatlon'
The Entitlement Community certifies that.
Citizen Participation -- It is in full compliance and follotiyittg a d~:tailed citizen partieipatiort plan that satisfies
the requirements of 2a CFR 91.105.
Cotnmanlty Develgp~tnent Plan .- Its consolidated housing and community development plan ideatitles
comntupity developmeht and housing needs and specifies 1~oth short-term and long-b:rm community
development objectives that provide daent housing, expand economic opportunities primarily for
persons of low and moderate income. ("wee CpR 2<< 570.2 find CFR 24 part 570)
FoLlowittg a piap _ It is following a current consolidated plan (or Comprehensive Housing Affordability
Strategy) that has been approved by HUD.
Use of Fnads - It has coruplied with the following criteria:
-~~xirnum Feasible Prinr;ty, ~y~ respect: to acti~ltiee expxted to be assisted with t^DHG funds,
it certifies that it has developed its Action Plan so ac to give maximt-m feasible priority to
activities which benefit low and moderate income families or aid igthe prevention or elimination
of slums or blight. The Action Plan may also incUidc activities which the gnnrtee ctrtifics arc
deaigacd to meet other community dcveloptneat r~ccds having a particular urgency because
txisting conditions pose a serious and imnaediatt threat to the health or weli'are of the
corntnimsty, and other financial resources are not available);
Oval Benefit ~'lte aggregate use of CDBG funds including section l08 guuaatced loans
during program Year(s) 2002/2003 (a puial specified by the grantee r:onsisting.of one,
two,.or three specific consecutive program years), shall principally benefit jiersvns of lo~v and
moderate income in a mariner that ensures that at least 70 percetrt of the amount is expended for
activities that benefit such persons during the designated period;
S~eeial ~s~$ eats. It will not attempt to recover any capital costs of public imptovtmeats
assisted wig CDBG fiends including Section 1081oaa guaranteed fiords by assessing say amount
against properties owned and occupied by persoa,s of low and moderate inc~~rne, including any
fee charged or assessment made as a condition o1' obtaining accces to such public improvements.
However, if CDBG funds are used to pay the proparNoq of a fee or assessment that relates to the capital
costs of public improvam~nts (assisted in part with CDBG fiords) fu-anced from other revenue
sources, an assedstntnt or charge may be rnsde against the property with ro;;pcct to the public
improvemrnts financed by a source other than C7~BG ftiitds.
'Y'he jurisdiction will not attert-pt to recover any capital costs of public improvements assisted with
CDBG funds, including Section 108, unless CDBG Rinds arc used to pay the proportion of fee or
assessment attributable to the capital cosh, of pul-lic irrtprovotnents Financed hem Other revenue
sources. In this case, an assessmrnt or charge maybe made against the pro~~stty with~respect to
the public improvements financed by a so~wree other than CD$.G funds. Also, in the cast of
properties owned and occupied by mode;e.te-income (not low-income) families, ate assessment or
charge may be made against the property for put•lic improvcmcttts financed by a source other
than CL1BG ftinda if the jurisdiction certifies that it lacks CDBG funds to cover the assessment.
Excessive Forre -= It has adopted and is enforcing:
1 • A policy prohibiting, the use of excessive force bylaw enforcement agencies within its
jurisdiction against any individuals engaged innon-violent civil rights dcmot~etions; and
2. A policy of rnforcing applicable Stan and local la-~vs against physically bamag entrance to or
exit frnm a facility or location which is the subject of such non-violent civil sights
demonstrations within its jurisdiction;
Compllance'With Aatl-duertminatton laws -- Titc grant will be conducted and administered in conformity
with title YI of the Civil Rights Act of 1964 (42 USC 200(Id), the Fair Housing Act (42 USC 3601-3619),
and implementing regulations.
Lead-Based Yai~nt - Ita notification, inspection, testins and abatement procedures conce~nitt$ lead-based paint
wild comply with the requirements of 24 CFR §570.608;
Compliance rrith 1<.aws -- !t will comply with applicable laws.
L ~ Ma 13 2002
Signature/Authocized Of'fici 1Jak
Title County Executive
~.. ,
Specl$c HOME CF~rtitlcs~tions
The HOM>s participating jtuisdiction certifies that:
~'enant Based Rectal Ass~fstance -- If the participating jurisdiction intends to provide tenant-based rental
assiatancc:
The use of HOME funds fur tenant-based rental assistance is an essential element of the participating
jucisdietion's consolidated plan for expanding the supply, affordability, and availability of
decent, safe, sanitary, and affordable housing.
Eligible Aeti~vitia and Cosb - it is using and vrill use HOIVLE funda for eligible activities ar~d wata, as
descn'bed in 24 CFR § 92.205 tltrpugh 92209 and that it is not using and will not use HOME funds for
prohibited activities, as described in § 92.214.
Appropriate Financial Assistauce -before couunitting any funds to a project, it vrill evalu:~tt the project in
accordance witfi the guidelines that it adopts for this purpose and will not invest any more HOME funds
in combination •with other Federal assistance than is necessary to provide affordable housing;
May 13, 2002
S gnature/Authoriud Ofl'tcial Date
Title County Executive
:• _,
bUCUilll:htT 2.1
LOGAI GOVERNMENT GRANTEE
EMERGENCY &HELTEFt C3RAlaTS PROGRAM
C<;R1IFICATlON3 BY.TNE CIiIEF L)CECtJTIVE OFFfCER
I, Richard Wittenbe ~ Chid lixecudve Officer of
Santa Clara County certifj+ that the loot) government will txuure the provision of the
matdting sttppltx~aetttal funds required by the regulation a< 2~l CFR 376.51. 1 have attached to this
certltica#ion a description of the sources and amounts oP:tuch sppj~letmntal fnttds•
l filKher certify that the local govettunerrt will comply with:
(I) T~ t~iremcnts of 24 CFR 576.21(ax4) l,roviding that the funding of homeless
provcntiaa activities fur farnllies that; have received ev'tctipn notices or notices of
termination of utility services will roux tix requirements thht: (A) the inability of the
• family to make the rrqulred payments must tx the result of a sodden r+edrx:tion in iecotne;
(B) tltc assistance must tx necessary to avoid cridion of the farttfiy or Uetmination of the
services to the family: (C) there must be a reuonsble prospect that ttze fancily will be able
m resume PaYmatCS within a rt~able period of time; and (D) the asse;;ance must not
supplant funding for g homele;~s pcavartion activities From any other source.
(2) Ilve requirements of 24 CFR 576.53 eotteerninl; the eontintud use of buildings for which
enterg~ettcy shelter grants are used for rehabilitation or conversion of bui4iings for use as
emerYeacy shatters for ttte homeless; or when fonds are turd solely for alrctating ~ or
esscrttial servic•.es.
(3) The budding standuds requirement of Z4 CF'R 576.55;
(4) The requirements of 24 CFR 576.56, concernir~ assistance to the homeless; and
(S) The requirements of 24 CFR 576.57, other appr•>priate ptrnrisiorls of 24 I:ER Pert 576, and
other applicable Federsl laws concemin~; nondiscrimlpatjga sad equal oppurttuiity.
(6) The requ'nzmetlts of 24 CPR 576.59(6) ~:oncerning the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970.
(7) The requirement of Z4 CFR 576.59 con.:erning minimizing the diaplaamrnt of persons a9
a result of a project assistt:d with these funds,
(8) The requirements of 24 CFR Put Z4 conca'nin~ the 1?rug k'r•ee Workplace Act of 1988.
(9) The requlrernants of 24 CFA 576.S6(A):uu! 576.65(6) that grantees develop and implement
procalures to ensure the wnftdentiality of rceords pertaining to any individual provided
family violence prevention or treatment ,service: under any project assisted with ESG fiords
and that the address or location of any ~atttily violrnce shelter project vvill not be made
public., except with written authorization of the person or persons responsible for tJse
operation of such shelter.
• _ , , , (l0) The t'equircmer. t recipronts involve, to the maximum e:
individuals and t~,n~ies in tic m l ) practiutbk, homeless
Po Y fig, renovating, maintainutig, and operating faailitiw
assisted under fire BSG program, and in providittl; services for occupants of these facilities
as provided by 24 CE'R 9b.SG, .
(t l) 'The requirements of 24 CF>Z 576.57(e) are a~ot deeding with the previsions of, and
rogulations and procedures applicable with respect to the enviromnental review
cespuasibilities undo the National Enviroam+:ntal Policy Act of 1969 and related
authorities as specified in 24 CFIZ Part 5&.
I further certify that the subtnissioa of a coarpleted and approved Consolidated Plan with its
ccrtifi+~ttivns, Which act as the application for an Emergtmcy Shelter Brant, is authorized aruler State arrdlor
local law, and that the local gavernmeat possesses legal authority to cart), out grant activities in accordance
with the applicable taws and regu.lrrtions of the iJepartment of Hot~siag aRd Urban Development.
Name and Title
Signatuct of Chief>rr~ecutive Offs
County Executive
_1~iay ~ ~ _ ~nn~
Date
Title
APP)EIYbIX TO CEY~TI'FICATI(OIYS
INSTRUCTIONS CONCERNING LOBBYING ANb DltUti-FREI's WORKPLAGIv REQUIRP,FMENTS:
}
A. 1-obblring Certification
This certiftcation is a material representation of fact ~opon which reliance was placed when, this
transaction was made or entered into. Submission of this certification is a prcn~quisite
for making or entering into this transaction unposed by section 1352, title 31, U.S. Code.
Any person who fails to file the roquired cetiificati~m shall be subject to a civil pe6alty
of not less than $10,000 and not more than S 100,004 for each such fhilure.
B. Uru~-Fred Worknlac_e Certifcatiott
1. By signing atfd/or submitting this applicati~m or grant agrcemeat, the
grantx is providing the certification.
2. The cxrtification is a material rcpr~es~ant~tion of fact upon which reliance is
placed when the agency awards the grant. (fit is later determined tht~t the
grantee knowingly rendered a false certific;ition, or otherwise violates the
requirements of the Drug-Free Workplace Act, HUD, in addition to any vthcr
remedies available to the l:edcral Ge~vernmcnt, may take action authorized under
the Doug-Free Workplace Act.
3. Workplaces under grants, for g~tc~:s other than individuals, need nvt
be identified on the certification. If known, they may be idaatifiedtr• the
grant application: If the grantee does not identify thG workplaces ~ the
time of application, or upon award, if them is no application, the grantee
-must keep the identity of the worldlace(s) on file in its office and mrdce
the information available for Federal inspection. Failure to idattifK:cll
known workplaces constitutes a violation of the grantee's drug-free
workplace requirements.
4. Workplace identifications must incl~lde We: actual address of buildittJ;s
(or pmts of buildings) ar other aitcs where work under the grant takes
place. Categorioal descriptions may be us+;d (e.g., all vehicles of a n~ss
transit authority or State highway de:parnnrtrt while in operation, State
employees in each local unemployment of face, perfotmers in cancer:
halls or radiq stations).
S. If the workplace identified to the agency changes during the
performance of tht grant, the grantee shall inform the agency of the
change(s), if it previously identified the workplaces in question (see
paragraph three).
6. The grantee tray instrt in the space provided below tht site(s) for the
pcrfonnance of work done in cortnectioa with the specific grant:
Place of Perfotmanet (Street address, city, county, state, zip code)
Check _ if there arc workplaces on f Ic that are not identified here,.
The certification vrith regard to the drug-fret workplace is required by 24 CFR part 24, subpart F.
7. Dc.Ilnitions of terms in the Noaprocurtmad Suspension and Dobatmcnt
. comnwn rule at:d Drug-1~ree Workplace cauunort nilo apply to this
cutificaiion. Granbces' attention is called, in particular, to the follovt~ing
defiAitiona froze these rules:
"Controlled substance" means a contrnlled substance in Schedules I through V of the
Controlled Substances Act (21 U.S.C. 612) and as further defined by
regulation (21 CFR 1308.11 thrwigh 1308.15);
"Conviction" means a funding of guilt (including a pica of sob eoutrndert) or
imposition of sentence, or both. by +nY Ju+bcial body charEod with dzc
responsibility to determine violations of the Federal air State cxirtunal
drug statutes;
"Criminal drug statute" recurs a Federal or non-Federal criminal statute involving the
manufacture, distn~bution, disptnsing, use, oc possession of airy
controlled substance;
"Employee" means the employee of a grantee dir~etly engaged in the performance cif
work under a grant, including: (x~ All "direct charge" employees; (ii) all
"indirect charge" employees unless their impact or involvement is
inaigttificartt to the pafQnttance of the grutt; sad (iii) temporary
personnel and eomsultaata who are directly etzgaged in the perfotznf~nce
of work under t#te grant and who are on the granter's payroll. Thls
defmitior- does not include workrfs not oo the payroll of tht; arantos
(e.t., vblu#tteers, cute if used to mat a »~atching requitetttcnr
consultants or indepe{zdGnt co~ractore nc-t ozr the graribce's payroll; or
ctnployees of subrecipictrts or subCOntra•~tors in covered workplaces).
ASSUIL~NCES
EXHIBIT F
CORPORATION hereby assures and certifies th~it it will comply with all regulations, policies,
guidelines and requirements applicable to the aca;ptance 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 confor;nity 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.
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 C~pportunities.
8. 570.608. Lead-Based Paint.
9. 570.609. Use of Debarred, Suspended, or Ineligible Contractors or Subrecipients.
10. 570.610. Uniform Administrative Requirf;ment and Cost Principles. The COUNTY, its
Subrecipients, agencies or instrumentalitie;~, 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 Organiz<<tions), 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 Nigher 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 o1~24 CFR, Part 85 and OMB Circular A-100 are
set forth at 570.502.
EXHIBIT F -ASSURANCES 1 REVISED 11/1 x/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
EXHIBlTF-ASSURANCES 2 REVISED 11/1x/00
B-2 (H(~D-O)
EXHIBIT G
INSURANCE REOi1IREMENTS FOR
NON-CONSTRUCTION /NON-PROFESSIONAL CONTRACTS ABOVE $100 000
Indemni
The Contractor shall indemnify, defend, and hold harmless the County of Santa Claza (hereinafter
"County"), its officers, agents and employees from any claim, liability, loss, injury or damage
arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents,
employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence
or willful misconduct of personnel employed by the County. It is the intent of the parties to this
Agreement to provide the broadest possible coverage for the County. The Contractor shall
reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to
any litigation in which the Contractor is obligatc;d to indemnify, defend and hold harmless the
County under this Agreement.
Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and
maintain at its own expense, during the term of this Agreement, or as may be further required
herein, the following insurance coverages and provsions:
A. Evidence of Coveraee
Prior to commencement of this Agreemer.~t, 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 s~.~bstituted for the County's Special Endorsement
form if they provide the coverage as requir~:d. 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 ~zot 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.
C. Insurance Required
1
2
3.
B-2 (HCD-O)
EXHIBIT G
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 liabili 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
Clara, and members of the Board of Supervisors of the County of Santa
Clara, and the officers, agents, and employees of the County of Santa Clara,
individually and collectively, as additional insureds. 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 provided under .this policy.
c. Notice of Cancellation or Change 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) and property damage which provides total limits
of not less than one million dallazs ($1,000,000) combined single limit per
occurrence applicable to all owned; non-owned and hired vehicles.
5. Workers' Compensation and Employer's Liability Insurance
a. Statutory California Workers' 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 applicable.
D. Special Provisions
The following provisions shall apply to thi;~ Agreement:
1. The foregoing requirements as to the types and limits of insurance coverage to be
maintained by the Contractor and ~~ny approval of said insurance by the County or
its insurance consultant(s) are not intended to and shall not in any manner limit or
qualify the liabilities and obligatior.~s otherwise assumed by the Contractor pursuant
3
B-2 (HCD-O)
EXHIBIT G
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 fiuided 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
4