14-138 Community Development Block Grant (CDBG) Program City/Non Profit Capital Housing Project-Cupertino Community Housing for the Disabled, Inc OFFICE OF THE CITY CLERK
CITY HALL
' 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
TELEPHONE:(408)777-3,223• FAX: (408)777-3366
C u P E RT O ff® WEBSITE:www.cupertino.Org
August 7, 2014
Mid-Penn .
Attention: Matthew Louis
303 Vintage Park Drive, Suite 250
Foster City, CA 94404
Re: Community Development Block Grant (CD13G) Program City/Non-Profit Capital
Housing Project contract. Regulatory agreement and Declaration of Restrictive
Covenants-Le Beaulieu Apartments. CDBG Grant Agreement-Le Beaulieu Apartments.
A fully executed copy of the agreements for consultant services with the City of
Cupertino is enclosed. If you have any questions or need additional information, please
contact the Community Development Department at (408) 777-3308.
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Community Development
COMMUNITY DEVELOPMENT BLOCX GRANT (CDBG)PROGRAM
CITY/NON-PROFIT CAPITAL HOUSING PROJECT CONTRACT
THIS Community Development Block Grant Program City/Non-Profit Contract(the "Contract")
is entered into pursuant to the Catalog of Federal Domestic Assistance (CFDA) 14.218 by and
between the CITY OF CUPERTINO, a municipal corporation(hereinafter"CITY"), and
CUPERTINO COMMUNITY HOUSING FOR THE DISABLED, INC.
a California non-profit public benefit corporation(hereinafter"CORPORATION"). The
allocation of funds pursuant to this Contract will be a grant for the purposes of eligible CDBG
capital housing project rehabilitation activities to be performed at the property located at 10092
Bianchi Way, Cupertino, California 95014 as more (3ommonly described in Exhibit"G". CITY
approved the allocation and disbursement of Community Development Block Grant (hereinafter
"CDBG") funds to CORPORATION on Apri1 15, 21,014.
WITNESSETH
WHEREAS, CITY has applied for and received CE)BG Entitlement program funds (hereinafter
"PROJECT") from the United States Department o_IC Housing and Urban Development
(hereinafter"HUD") as an entitlement jurisdiction pursuant to the provisions of Title 1 of the
Housing and Community Development Act of 1974, Public Law 93-383 as amended; and,
WHEREAS, CITY has agreed to the use by CORPORATION, for eligible capital housing project
rehabilitation activities, of a portion of CITY'S CDBG entitlement for the Project as described
below to be operated within CITY and will benefit low and very low-income households or meet
another National Objective of the CDBG Project;
WHEREAS, CEQA imposes no conditions on the CITY's consideration and approval of this
Contract, because the project undertaken pursuant to this Contract is the rehabilitation of existing
improvements, and such projects are exempt from CEQA requirements under class 2 categorical
exemption;
WHEREAS, CITY will complete and approve all capplicable NEPA environmental review for the
activities proposed to be undertaken udder this Contract prior to the release of any portion of the
CDBG Grant. CITY anticipates that the project wilill be categorically excluded according to 24
Code of Federal Regulations Section 58.35(a)(3)(iii).
NOW, THEREFORE,the parties agree as follows;;
I. PROJECT
CITY agrees to allocate a portion of its current CE)BG entitlement, and/or program income as
defined in 24 CFR 570 Subpart J, "Grant Administration," to CORPORATION in the sum of
0.004 f o, '� c I� :�r��o s o{�illlJlementi
Five Hundred T'�.qusa, d' Dollars�z.�rcT 1`4c Ccrr`1�� 1� -
the CORPORATION'S project (hereinafter"Proje.ct"), as more particularly described in
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FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG;City/Non-Profit Capital Housing Project Contract
4
numerous exhibits marked as noted herein, attached to this Contract, incorporated by this
reference, as though fully set forth, as follows: Exhibit"A" (Project Description), Exhibit"B"
(Project Work Plan), Exhibit"C" (Proposed Implementation Time Schedule), Exhibit"D"
(Project Budget), Exhibit"E" (Basic Insurance and Bond Requirements for Non-profit
Contracts), Exhibit"F" (Assurances), Exhibit"G" (Project Scope of Work), Exhibit"H" (Map of
Property), Exhibit"I" (Legal Description), and Exhibit"J" (Grant Agreement).
I1. TERM
A. The purpose of this Contract is for the CITY to disburse CDBG funds for eligible
capital housing project rehabilitation activities to be performed at the property located at 10092
Bianchi Way, Cupertino, California 95014 as more commonly described in Exhibit"I". Unless
amended prior to its expiration, the tenn of this Contract for disbursement purposes will begin on
July 1,2014 and will end on June 30,2015 unless terminated earlier pursuant to Section VI or
Section VII of this Contract.
B. The term of the expenditure of Grant funds by CORPORATION of the allocation
provided for herein will begin on July 1, 2014 and terminate on the earliest of the following
dates as set forth herein: July 1,2015, or later date per amendment to this Contract; or upon the
termination date established pursuant to Section VI or Section VII of this Contract.
111. OBLIGATIONS OF CORPORATION
A. Organization of CORPORATION. {CORPORATION will:
1. Provide CITY with copies of the following documents, evidencing filing
with the appropriate governmental agency:
(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 non-profit status;
(d) Names and addresses of the current Board of Directors of
CORPORATION; and,
2. During the Contract term, immediately report any changes, subsequent to
the date of this Contract, in CORPORATION'S Articles of Incorporation, Bylaws, Board of
Directors, or tax exempt status to DIRECTOR.
3. Maintain no member of its ]Board of Directors as a paid employee, agent,.
independent contractor, or subcontractor under this Contract.
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FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
4. Open to the public, meetings of its Board of Directors, if required by
California's open meeting laws, except meetings, or portions thereof, dealing with personnel or
litigation matters or as otherwise provided by law.
5. Keep minutes of all its regular and special meetings.
6. Comply with all applicable provisions of California and Federal Non-
Profit Corporation Laws.
7. Provide to the CITY a copy of a.resolution authorizing the
CORPORATION's execution of this Contract. The CORPORATION hereby warrants to the
CITY that this Contract is a legal, valid, and binding obligation of the CORPORATION
enforceable in accordance with its terms, and that the execution and delivery of this Contract and
the perfonnance of the CORPORATION's obligations have been duly authorized by the
CORPORATION.
B. Project Performance by CORPORATION. CORPORATION shall:
1. Conduct the PROJECT within the City of Cupertino, for the purpose of
benefiting low and very low-income households as set forth in the regulatory agreement.
2. File quarterly reports as required by CITY on the type and number of
services rendered through the operation of the PROJECT, and a description of the beneficiaries
of these services, and which reports will evaluate the manner in which the PROJECT is
achieving its objectives and goals according to the standards established by CITY. The progress
reports will be due ten days after the close of each;reporting period and must cover the three
months immediately preceding the date on which the report is filed.
3. Coordinate its services with other existing organizations providing similar
services in order to foster conununity 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 receipt of such
award, inform CITY within ten days.
5. Include an acknowledgement of CITY funding and support on all
appropriate project-related publicity and publications using words to the effect: "funded in
whole or in part by the City of Cupertino through the Housing and Community Development Act
of 1974, as amended."
6. CORPORATION agrees it will carry out the principles as provided in
Presidents Executive Order 11246 of September 24, 1965.
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FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
7. CORPORATION will comply with Section 281 of the National
Affordable Housing Act.
8. "Section 3" Clauses.
(a) Compliance. Compliance with the provisions of Section 3,
the regulations set forth in 24 CFR 135, and all applicable rules and orders issued
hereunder prior to the execution of this Contract, shall be a condition of the federal
financial assistance provided under this Contract and binding upon the CITY, the
CORPORATION, and any sub-recipients. Failure to fulfill these requirements shall
subject the CITY, the CORPORATION, and any sul�-recipients, their successors and
assigns, to those sanctions specified by the Contract through which federal assistance is
provided. The CORPORATION certifies and agrees that no contractual or other
disability exists which would prevent compliance with these requirements. The
CORPORATION further agrees to comply with the;3e "Section 3" requirements and to
include the following language in all subcontracts executed under this Contract(the
"Section 3 Clause"):
"The work to be performed under the Contract is a project assisted under a
program providing direct federal financial assistance from HUD and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701. Section 3.requires that to the greatest extent feasible opportunities for training and
employment be given to lower income residents of the project area and agreements for work in
connection with the project be awarded to business concerns which are located in, or owned in
substantial part by persons residing in, the areas of the project."
The parties to this contract agree to comply with HUD's regulations in 24
C.F.R. Part 135, which implement Section 3. As evidenced by their execution of this contract,
the parties to this contract certify that they are under no contractual or other impediment that
would prevent them from complying with the Part 135 regulations.
The contractor agrees to send to each labor organization or representative
of workers with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers' representative of the
contractors' commitments under this Section 3 Clause; and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training and
employment positions can see the notice. The notice shall describe the section 3 preference;
shall set forth minimum number and job titles subject to hire; availability of apprenticeship and
training positions; the qualifications for each; the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
The contractor agrees to include this Section 3 Clause in every subcontract
subject to compliance with regulations in 24 C. F. R. Part 135, and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon
a fildirlg that t,( subcri ltl' C�Of 1S in violation 0 ij �:; rCc,-,il tions in 24 C.F.R. T ay,-- II- The
_.
contractor will not subcontract with any Subcontractor where the contractor has notice or
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FY 2014-15 Cupertino Community Housint-For The Disabled,Inc.CDBG City/Non-Profit Capital Housin.-Project Contract
knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R.
Part 135.
The contractor will certify thal any vacant employment positions,
including training positions, that are filled: (1) after the contractor is selected but before the
contract is executed; and (2) with persons other than those to whom the regulations of 24 C.F.R.
Part 135 require employment opportunities to be directed, were not filled to circumvent the
contractor's obligations under 24 C.F.R. Part 135.
Noncompliance with HUD's regulations in 24 C.F.R. Part 135 may result
in sections, termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
With respect to work performed in connection with Section 3 covered
Indian housing assistance, Section 7(b) of the Indian. Self-Determination and Education
Assistance Act(25 U. S. C. 450e) also applies to the work to be performed under this contract.
Section 7(b) requires that to the greatest extent feasible: (i) preference and opportunities for
training and employment shall be given to Indians; and(ii) preference in the award of contracts
and subcontracts shall be given to Indian organizations and Indian-owned economic enterprises.
Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to
comply with Section 3 to the maximum extent feasible,but not in derogation of compliance with
Section 7(b).
The CORPORATION certifies and agrees that no contractual or other
disability exists which would prevent compliance with the requirements.
(b) Notifications. The CORPORATION agrees to send to each labor
organization or representative of workers with which it has a collective bargaining agreement or
other agreement or understanding, if any, a notice advising said labor organization or worker's
representative of its commitments under this Section.3 clause and shall post copies of the notice
in conspicuous places available to employees and applicants for employment or training. The
notice shall describe the Section 3 preference; shall set forth minimum number and job titles
subject to hire; availability of apprenticeship and training positions; the qualifications for each;
the name and location of the person(s) taking applications for each of the positions; and the
anticipated date the work shall begin.
(c) Subcontracts. The CORPORATION will include the Section 3
Clause found in B.8.a of this Contract, in every subcontract and will take appropriate action
pursuant to the subcontract upon a finding that the sub-Subrecipient is in violation of regulations
issued by CITY. The CORPORATION will not subcontract with any sub-Subrecipient where it
has notice or knowledge that the latter has been found in violation of regulations under 24 CFR
135 and will not let any subcontract unless the sub-Subrecipient has first provided it with a
preliminary statement of ability to comply with the requirements of these regulations.
C. Fiscal Responsibilitics of CORPOEATIOi�`.1. CC Z11O��_"��T1`11 will:
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FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
1. Appoint and submit the name of a fiscal agent who will be responsible for
the financial and accounting activities of CORPORATION, including the receipt and
disbursement of CORPORATION funds. The CITY must immediately be notified in writing of
the appointment of any new fiscal agent and that agent's name.
2. If the term of this Contract is extended by an amendment for a second
fiscal year, submit a satisfactory audit within 150 days of CORPORATION's fiscal year
encompassed by the first year of this Contract.
3. Comply with the requirements and standards of Title 24 Code of Federal
Regulations, Part 570 of the Housing and Urban Development regulations concerning CDBG and
all federal regulations and policies issued pursuant to these regulations and OMB Circular No. A-
122 "Cost Principles for Non-Profit Organizations, the applicable policies, guidelines and
requirements of OMB Circulars A-87 and A-102, a-rid with the following Attachments to OMB
Circular A-110:"
(a) Attachment A, "Cash Depositories," except for paragraph 4
concerning deposit insurance;
(b) Attachment B. "Bonding and Insurance;"
(c) Attachment C. "Retention and Custodial Requirements for
Records", except that in lieu of the provisions in pc-lragraph 4, the retention period for records
pertaining to individual CDBG activities starts from the date of submission of the annual
performance and evaluation report, as prescribed in 570.507, in which the specific activity is
reported on for the final time;
(d) Attachment F, "Star.Ldards for Financial Management Systems;"
e) Attachment H, "Monitoring and Reporting Project Performance,"
paragraph 2;
f) Attachment N, "Property Management Standards," except for
paragraph 3 concerning the standards for real property, and except that paragraphs 6 and 7 are
modified so that:
i) In all cases in which personal property is sold, the proceeds
shall be program income, and
ii) Personal property not needed by the CORPORATION for
CDBG activities will be transferred to the recipient for the CDBG PROJECT or will be retained
after compensating the recipient; and
g) Attachment O, "Procurement Standards."
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FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
4. Comply with the audit requirements of OMB Circular A-133 which
require compliance with the Single Audit Act for any non-profit agency expending $500,000 or
more of federal funds for the fiscal year.
5. Document all PROJECT costs by maintaining records in accordance with
Section III,Paragraph D below.
6. Submit to the CITY, based on an agreed upon schedule, a request for
payment, together with all supporting documentation. Invoices requesting disbursements
submitted after the expiration of the Contract will be.honored only for eligible charges incurred
during the Contract term. All invoices must be submitted by the Contract expiration date or
within such other time period specified by the CITY for this Contract term. Funds not disbursed
will be returned to the Competitive Housing.Pool for future reallocation.
7. Certify current and continuous insurance coverage,..subject to CITY
approval and in accordance with requirements as outlined in ExhibitE, "Insurance and Bond
Requirements."
8. Items 1)through 7) above are; express conditions precedent to
disbursement of any CITY funding and failure to comply with these conditions will, at discretion
of CITY, result in suspension of funding or termination of this Contract.
9. If CORPORATION does not use CDBG funds in accordance with the
requirements of this Contract, CORPORATION is liable for repayment of all disallowed costs.
Disallowed costs may be identified through audits, monitoring or other sources.
CORPORATION is required to respond to any adverse findings which may lead to disallowed
costs subject to provisions of OMB Circular A-12%:, "Cost Principles for Non-Profit
Organizations."
D. Establishment and Maintenance of Records. CORPORATION shall:
1. In compliance with all HUD records and accounting requirements,
including but not limited to, those set forth in 24 C.F.R. 570.506 and 570.502(b), 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: (a) all
direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be
incurred to perform this Contract or to operate the PROJECT; (b) each activity undertaken under
the PROGRAM meets one of the national objectives of the CDBG program set forth in 24 C.F.R.
570.208; (c) compliance with fair Housing and equal opportunity requirements; (d) compliance
with Subpart K of 24 C.F.R. 570 and 24 C.F.R 508; and (e) all other matters covered by this
Contract.
2. Maintain client data demonstrating client eligibility for services provided
for the Project. such data will Include, but not be Lo, Clic�it name, address, income lc; 1el
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FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
or other basis for determining eligibility, and description of service provided. Such information
will be made available to CITY monitors for review upon request.
E. Preservation of Records. CORPORA.,_TION will preserve and make available its
records:
1. Until five years following date of final payment of this contract, or
2. For such longer period, if any as is required by applicable law; or
3. If this Contract is completely or partially terminated,the records relating to
the work terminated will be preserved and made available for a period of five years from the date
of termination.
F. Examination of Records and Facilities. At any time during normal business
hours, and as often as may be deemed necessary, CORPORATION agrees that HUD and the
CITY, and/or any duly authorized representatives rnay until expiration of(a) five years after final
payment under this Contract, (b) five years from the date of termination of this Contract, or (c)
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 Contract or the operation
of the PROJECT, and all its records with respect to the PROJECT and all matters covered by this
Contract. CORPORATION also agrees that CITY or any duly authorized representatives will
have the right to audit, examine, and make excerpt, or transactions of and from, such records and
to make audits of all contracts and subcontracts, invoices, payrolls, records of personnel,
conditions of employment, materials and all other data relating to the PROJECT and matters
covered by this Contract. 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 will become familiar and comply with
and cause all its subcontractors, independent contractors, and employees, if any,to become
familiar and comply with all applicable federal, state and local laws, ordinances, codes,
regulations and decrees including, but not limited to, those federal rules and regulations,
executive orders, and statutes identified in Exhibit F ("Assurances"). Specifically,
CORPORATION must comply with the requirements and standards of OMB Circular No. A-
122, "Cost Principles for Non-Profit Organizations", and the attachments to OMB Circular No.
A-110 as described in section
III. OBLIGATIONS OF CORPORATION, C. Fiscal Responsibilities of CORPORATION.
H. Suspension and Termination. In accordance with 24 CFR 85.43, suspension or
termination of this Contract may occur if the CORPORATION materially fails to comply with
any term of the award, and that the award may be terminated for convenience in accordance with
24 CFR 85.44.
r F � •n e �io_�.�o�f tll�s �,o ltract, 01 11 the
I. Reversiol_10�Assets. Ji:o�� „xpiratl�l� o�t'rnllnaEi
event*HUD cancels the PROJECT for any reason, the CORPORA ION will transfer to the CITY
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2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the
use of CDBG funds. Any real property under the CORPORATION's control that was acquired
or improved in whole or in part with CDBG funds (iiricluding CDBG funds provided to
CORPORATION in the form of a loan) in excess of$25,000 must be:
1. Used to meet one of the national objectives stated in Title 24 CFR part
570.208 for a period of five years after expiration of this Contract, or for such longer.period of
time as required by the CITY; or,
2. Reimburse the CITY an amount equal to the current market value of the
property, less any portion of the value attributable to expenditures of non-CDBG funds for
acquisition of, or improvement to, the property(reimbursement is not required after the period of
time specified in I. 1. above).
J. CORPORATION certifies, to the beat of CORPORATION's knowledge or belief,
that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of it,to any person for influencing or attempting to :influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant,the making of any Federal loan, the entering into any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to :influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, grant, loan, or cooperative
agreement, it will complete and submit Standard Farm-LLL, Disclosure Form to Report
Lobbying, in accordance with its instructions.
3. This certification is a material representation of fact upon which reliance was
placed when this Contract was made or entered into. Submission of this certification is a
prerequisite for making or entering into this Contract imposed by Section 1352, Title 31, U.S.
Code. Any person who fails to file the required ceir-tification will be subject to a civil penalty of
not less than Ten Thousand Dollars ($10,000) and no more than One Hundred Thousand Dollars
($100,000) for such failure.
K. Except for approved eligible administrative or personnel costs, no person described below
may, during or after their tenure, obtain a personal or financial interest or benefit from the
activities funded pursuant to this Contract, or have any interest in any contract, subcontract or
agreement with respect to such activities, or the proceeds under the contract, either for
themselves or those with whom they have family or business ties. CORPORATION shall
e_Kercise di uc diligence to ensure; that the prohibition in this Section IV.K is follo ,Tcd
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FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
The conflict of interest provision of Section IV.K applies to (i) any person who is an employee,
agent, consultant, or officer of the City who exercises or has exercised any functions or
responsibilities with respect to the activities funded pursuant to this Grant or who is in a position
to participate in a decision-making process or to gain.inside information with regard to such
activities, may obtain a personal or financial interest or benefit from the activity, or have an
interest in any , (ii) any immediate family member of such person, (iii) any elected or appointed
official of the City, and (iv) any person related within the third (3rd) degree of such person.
In accordance with Government Code Section 1090 ,end the Political Reform Act, Government
Code section 87100 et seq., no person who is a director, officer, partner, trustee or employee or
consultant of CORPORATION, or immediate family member of any of the preceding, may make
or participate in a decision, made by the City or a City board, commission or committee, if it is
reasonably foreseeable that the decision will have a material effect on any source of income,
investment or interest in real property of that person or CORPORATION. Interpretation of this
section shall be governed by the definitions and provisions used in the Political Reform Act,
Government Code section 87100 et seq., its implementing regulations manual and codes, and
Government Code section 1090.
CORPORATION shall comply with the conflict of interest provisions set forth in 24 C.F.R.
Section 570.611.
IV. OBLIGATIONS OF CITY
A. Method of Payment. During the terra of this Contract, CITY shall disburse
CDBG funds to CORPORATION on a reimbursement basis unless otherwise provided herein for
all allowable costs and expenses incurred in connection with the PROJECT, not to exceed the
total sum of Five Hundred Thousand Dollars and No Cents (5500,000.00). CITY may, at any
time in its absolute discretion, elect to suspend or terminate payment to CORPORATION, in
whole or in part, pursuant to this Contract based on CORPORATION'S non-compliance,
including, but not limited to, incomplete documentation of expenses, failure to substantially meet
goals and objectives as required in Exhibit B, ("Project Work Plan"), failure to submit adequate
progress reports as required herein or other incidents of non-compliance as described in Section
VI, Paragraph B of this Contract or based on the refusal by 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. PROJECT COORDINATION
A. CITY. The CITY Executive will assign a single DIRECTOR for CITY who will
render overall supervision of the progress and performance of this Contract by CITY. All
services agreed to be performed by CITY will be at the overall direction of the DIRECTOR.
B. CORPORATION. As of the date hereof, CORPORATION has designated
Matthew Franklin to serve as ASSISTANT SECRETARY and to assume overall responsibility
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FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
responsibility for the progress and execution of this Contract. The CITY will be immediately
notified in writing of the appointment of a new ASSISTANT SECRETARY .
C. NOTICES. All notices or other correspondence required or contemplated by this
Contract shall be sent to the parties at the following ;addresses:
CITY: Attention: Senior Housing Planner
Community Development Department
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
CORPORATION: Attn: Matthew Franklin
Assistant Secretary
Cupertino Communit),:Housing For The Disabled, Inc.
303 Vintage Park Drive, Suite 250
Foster City, California 94404
All notices will either be hand delivered or sent by United States snail, registered or certified,
postage prepaid. Notices given in such a manner will be deemed received when hand delivered
or seventy-two (72)hours after deposit in the United States mail. Any party may change his or
her address for the purpose of.this section by giving five days written notice of such change to
the other party in the manner provided in this sectio,�i.
VI. CONTRACT COMPLIANCE
A. Monitoring and Evaluation of Services. Evaluation and monitoring of the
PROJECT performance is the mutual responsibility of both CITY and CORPORATION.
CORPORATION must furnish all data, statements, records, information and reports necessary
for DIRECTOR to monitor, review and evaluate the perfonnance of the PROJECT and its
components. CITY will 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. If CORPORATION fails to comply with any provision
of this Contract; CITY will have the right to require corrective action to enforce compliance with
such provision as well as the right to suspend or terminate this Contract. Examples of
noncompliance include, but are not limited to:
1. If CORPORATION (with or without knowledge) has made any material
misrepresentation of any nature with respect to any information or data furnished to CITY in
connection with the PROJECT.
2. If there is pending litigation with respect to the performance by
CORPORATION of any of its duties or obligations,under this Contract, which may materially
jeopardize or advefsely affec�the u dertaking of or Else carrying out of the 1' d�g?�C�.
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FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
t
3. If CORPORATION has taken any action pertaining to the PROJECT,
which action required CITY approval, and such approval was not obtained.
4. If CORPORATION is in default under any provision of this Contract.
5. If CORPORATION makes illegal use of CITY funds.
6. If CORPORATION submits to CITY any report which is incorrect or
incomplete in any material respect.
7. If CORPORATION fails to meet the stated objectives in Exhibit B
("Project Work Plan").
C. Corrective Action Procedure. CITY„ upon occurrence or discovery of
noncompliance by CORPORATION pursuant to this Contract, shall give CORPORATION
notice of CITY'S intention to consider corrective action to enforce compliance. Such notice
must indicate the nature of the non-compliance and the procedure whereby CORPORATION will
have the opportunity to participate in formulating any corrective action recommendation. CITY
will have the right to require the presence of CORPORATION'S officer(s) and EXECUTIVE
DIRECTOR at any hearing or meeting called for th(-.purpose of considering corrective action.
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 Contract as set forth in Section VII below.
VII. TERMEiATION
A. Termination for Cause. CITY may terminate this Contract by providing written
notice to CORPORATION, for any of the following reasons: uncorrected Contract non-
compliance as defined in Section VI, Paragraph B following expiration of applicable notice and
cure periods pursuant to the corrective action procedure devised pursuant to Section VI,
Paragraph C above; CORPORATION is in bankruptcy or receivership; a member of the
CORPORATION'S Board of Directors or the executive director is found to have committed
fraud or; there is reliable evidence that CORPORATION is unable to complete the Project as
described in the attached Exhibits. The date of termination will be as specified in the notice.
B. Intentionally Deleted.
C. In the event that this Contract is terminated, CORPORATON may be required to
return funds according to HUD regulations.
D. Upon termination of this Contract, CORPORATION must inunediately provide
CITY access to all documents, records, payroll, ml".nutes of meetings, correspondence and all
other data pertaining to the CDBG entitlement fund. granted to CORPORATION pursuant to this
Contract.
Page 12 of 4')
FY 2014-15 Cupertino Community Housing For The Disabled,hie.CDBG City/Non-Profit Capital Housing Project Contract
VIII. PURCHASING REAL OR PERSONAL PROPERTY
CORPORATION and CITY will comply with all applicable Federal Regulations as detailed by
24 CFR Part 570, Subpart J, i.e. 570.500 (Definitions), 570.503 (Agreements with
Subrecipients), 570.504 (Project Income), and 570.505 (Use of Real Property), with regards to
the use and disposal of Real or Personal Property purchased in whole, or in part, with CDBG
funds.
In addition, 24 CFR Part 85 (the Common Rule) includes definitions which apply to CDBG Real
Property, however, the Common Rule section governing Real Property (CFR 85.31) DOES NOT
APPLY TO CDBG ACTIVITIES.
A. The following definitions apply to this Contract pursuant to 24 CFR, Part 85
(Common Rule) 85.3:
1. Equipment means tangible, :non-expendable, personal property having a
useful life of more than one year and an acquisition cost of$5,000 or more per unit.
2. Title as defined in detail in 24 CFR, Part 85.32 (a).
3. Use as defined in detail in 24,� CFR, Part 85.32 (c) (1).
4. Supplies as defined in detail in 24 CFR, Part 85.33.
5. Procurement,Use and Disposition of Real Property as defined in detail
by 24
CFR, Part 570.503 (Agreements with Subrecipients), 570.505 (Use of Real Property), and
570.504 (Program Income).
B. Security Document. As a condition precedent to CITY granting funds,
CORPORATION will prepare and execute such Contracts restricting the use of said real property
for purposes consistent with this Contract, HUD and CDBG requirements.
C. Grants. If a grant is provided for the acquisition of real property,
CORPORATION, or its assignee, will continually operate its Project for a minimum period of
twenty 20)wears from the effective date of this Contract. This obligation will survive the term
of this Contract, the assignment or assumption of this Contract and the sale of the property prior
to expiration of the obligation period as set forth in this paragraph. If this obligation is not fully
met, CORPORATION may be required to reimburse the CITY. The CITY may consider, but will
not be limited by, the following factors in calculating the reimbursement obligation: initial grant
sum; the duration of the initial contractual obligation to operate the Project versus the actual
duration of operation and; the appreciated value.
'170. to comply
D. Relocation Acquisition, and Displ,�ce ienl- COItPOI:��__�_�i� �grew
with 24 CFR 570.606 relating to the acquisition and disposition of all real property utilizing
Page 13 of 43
FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
CDBG funds, and to the displacement of persons, businesses, and non-profit organizations as a
direct result of any acquisition of real property utilizing CDBG funds. CORPORATION agrees
to comply with applicable state laws, City Ordinances, Resolutions, and Policies concerning
displacement of individuals from their residences.
IV. PROGRAM[INCOME
Income generated by the Project, is Program Income and shall be regulated by all provisions of
Title 24 CFR 570 Subpart J "Grant Administration,"' 570.503 "Agreements with Subrecipients,"
and 570.504 "Program Income." CORPORATION will annually report all program income
generated by activities carried out with CDBG funds made available under this Contract. By way
of further limitations, CORPORATION may use such income during the Contract period for
activities permitted under this Contract and shall reduce requests for additional funds by the
amount of any such program income balances on hand. All unused program income shall be
returned to the CITY at the end of the Contract period.
X. INDEPENDENT CONTRACTOR
This is a Contract by and between independent contractors and is not intended and will not be
construed to create the relationship of agent, servant, employee,partnership,joint venture or
association between CORPORATION and CITY. CORPORATION, including its officers,
employees, agents or independent contractors or subcontractors, shall not have any claim under
this Contract or otherwise against CITY for any Social Security, Worker's Compensation, or
employee benefits extended to employees of CITY,.
XI. ASSIGNABILITY
A. CITY is entering into this Contract lbased on the experience, skill, and ability to
perform of the CORPORATION. The CORPORA'T'ION recognizes that its qualifications and
identify are of particular concern to the CITY in view of the CITY's interest in providing services
to lower income persons and the CITY's reliance on.the unique qualifications of the
CORPORATION. Consequently,this Contract may not be assigned to another CORPORATION,
person, partnership or any other entity without the prior written approval of CITY. None of the
work or services to be performed hereunder may be assigned, delegated or subcontracted to third
parties without the prior written approval of CITY, which the CITY may witl-J-iold in its
reasonable discretion. Copies of all third party contracts shall be submitted to CITY at least ten
days prior to the proposed effective date. In the event CITY approves of any such assigiunent,
delegation or sub-contract,the subcontractors, assignees or delegates, CORPORATION shall
remain fully liable for all obligations and requirements under this Contract'including the
performance and any liabilities attaching to the assignees' actions or omissions.
B. This Contract may not be assumed nor assigned to another CORPORATION,
person, partnership or any other entity without the prior written approval of CITY.
Page 14 of 43
FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
CORPORATION agrees to maintain client records consistent with applicable laws regarding
personal privacy and obligations of confidentiality.
XIII. HOLD HARMLESS
In addition to the indemnity obligations set forth in Lxhibit E, "Insurance and Bond
Requirements," CORPORATION will indemnify and hold harmless the CITY, its employees,
agents, and officials, members of boards and commissions, from any and all claims, actions,
suits, charges and judgments whatsoever, with respect to any damages, including attorney's fees
and court costs, arising out of the failure of the COF;PORATION's Project to comply with
applicable laws, ordinances, codes,regulations and decrees, including without limitation those
set forth in Exhibit E, "Certifications."
XIV. WAIVER OF RIGHTS AND REMEDIES
In no event will any payment by CITY constitute or be construed to be a waiver by CITY of any
breach of the covenants or conditions of this Contract 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
will in no way impair or prejudice any right or remedy available to CITY with respect touch
breach or default. In no event will payment to COFPORATION 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 PROJECT or this
Contract.
XV. NON-DISCRIMINATION
CORPORATION will comply with all applicable Federal, State and local laws and regulations
including the City of Cupertino's policies concerning nondiscrimination and equal opportunity in
contracting. Such laws include but are not limited to the following: Title VII of the Civil Frights
Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of
1973 (Sections 503 and 504); California Fair Employment and Housing Act(Government Code
sections 12900 et seq.); and California Labor Code- sections 1101 and 1102. CORPORATION
will not discriminate against any subcontractor, erriployee, or applicant for employment because
of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental
disability, physical disability, medical condition, political beliefs, organizational affiliations, or
marital status in the recruitment, selection for training including apprenticeship, hiring,
employment, utilization, promotion, layoff, rates of pay or other forms of compensation. Nor
shall CORPORATION discriminate in provision of services provided in this Contract because of
age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental
disability, physical disability, medical condition, political beliefs, organizational affiliations, or
marital status.
This non-discrimination provision must be included in CORPORATION's contracts with sub-
contractors and vendors when utilizing the CDBG funds disbursed for this Project.
XV1. AMENDMENTS
Page 15 of 4'
2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
t
Amendments to the terms or conditions of this Contract must be requested in writing by a duly
authorized representative of the party desiring such amendments, and any such amendment shall
be effective only upon the mutual agreement in writing of the parties hereto.
XVII. INTEGRATED DOCUMENT
This Contract 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 employ ee of
CITY prior to execution of this Contract shall affect or modify any of the terms of obligations
contained in any documents comprising this Contract:.
XIII. MISCELIL.ANEOUS
A. Headings. The captions and section headings used in this Contract are for
convenience of reference only, and the words contained herein will, in no way, be held to
n, modify,x laiamplify or aid in the interpretation, construction or meaning of the provisions of
p p
this Contract.
B. Exhibits. All Exhibits attached hereto and referred to in this Contract are
incorporated herein by this reference as if set forth hilly herein. Exhibits are as follows: Exhibit
"A" (Project Description), Exhibit"B" (Project Work Plan),Exhibit"C" (Proposed
Implementation Time Schedule), Exhibit"D" (Project Budget),Exhibit"E" (Basic I assurance and
Bond Requirements for Non-profit Contracts),Exhibit"F" (Assurances). Exhibit"G" (Project`J
"J"Scope of Work), Exhibit"H" (Map of Property), Exhibit"I" (Legal Description), and Exhibit
(Grant Agreement).
C. Conflict of Interest. In accordance with Government Code Section 1090 and the
Political Reform Act, Government Code Section 87100 et seq., except for approved eligible
administrative or personnel costs, no person who is an employee, agent, consultant, officer, or
an inunediate family member of such person, or any elected or appointed nted official of the CITY
who exercises or has exercised any functions or responsibilities with respect to the activities
funded by this Contract or who is in a position to participate in a decision-making process, may
obtain a personal or financial interest or benefit from the activity, or have an interest in any
contract, subcontract or agreement with respect thereto, or the proceeds thereunder, during, or at
any time after,such person's tenure. The CORPORATION shall exercise due diligence to ensure
that the prohibition in this section is followed.
Further,no person who is a director, officer, partner, trustee or employee or consultant of the
CORPORATION, or in-m-iediate family member of any of the preceding, shall make or
participate in a decision, made by the CITY or a CITY board, conunisson or committee, if it is
reasonably foreseeable that the decision will have a material effect on any source of income,
investment or interest in real property of that person or the CORPORATION.
Page 1(i of 4')
-Profit Capital Housing Project Contract
FY 2014-1 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non
Interpretation of this section shall be governed by the:definitions and provisions used in the
Political Reform Act, Government Code Section 87100 et seq., its implementing regulations
manual and codes, and Government Code Section 1090.
D. Interpretation. Each parry to this Contract has.had an opportunity to review the Contract,
confer with legal counsel regarding the meaning of the Contract, and negotiate revisions to the
Contract. Accordingly, neither party shall rely upon Civil Code Section 1654 in order to interpret
any uncertainty in the meaning of the Contract.
E. Third-Party Beneficiary. There shall be no third party beneficiaries to this Contract.
F. Choice of Law and Venue. This Contract shall be governed by and construed in
accordance with California law. Venue shall be Santa Clara County.
G. Severability. If any term of this Contract is held by a court of competent jurisdiction to be
invalid, void or unenforceable,the remainder of the:provisions shall continue in full force and
effect unless the rights and obligations of the parties have been materially altered or abridged by
such invalidation, voiding or unenforceability.
[Signature Page Follows)
Page 17 of 4')
FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
IN WITNESS WHEREOF,the parties have executed this Contract the day and year above
written. The parties signing below hereby warrant that.they are duly authorized to execute this
Contract.
AGENCY: CITY:
Cupertino Community Housing For CITY OF CUPERTINO, a municipal
The Disabled,Inc. corporation
By:
gay:
(Print name) int name)
t V. aJi n. Date Gavid Brandt Date
Assistant Secretary City Manager
APPROVED AS TO FORM AND ATTEST:
LEGALITY:
Carol Korade
1 Grace Schmidt Date
City Attorney City Clerk
Page 18 of 43
FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
EXHIBIT A
PROJECT DESCRIPTION
DUNS#:
Agency Name:
621070098
Cupertino Community Housing For The Disabled,Inc. pro ect# For Office Use Only)
Executive Director: Project Manager: J
Matthew Franklin Matthew Lewis _ CDBG 2014-5
State: Zip Code:
Street Address: City: CA 94404
303 Vintage Park Drive Foster Ci
Telephone number: Fax Number: Project Manager E-mail Address:
650.356.2928 650.357.9766 mlewis mid en-housing.or
Name of Project/Program:
Le Beaulieu Rehab
Project/Program Location:
10092 Bianchi Way, Cupertino,California 95014
Pro'ect Description:
The proposed project is a rehabilitation of 15 units within a 27-unit multi-family residential affordable housing
low income disabled and senior households.The rehab scope of work will include
property in Cupertino serving
measures to increase resident quality of life,protect resident health,and decrease operating expenses.Le Beaulieu is
a vital affordable housing resource for low-income,disabled residents of Cupertino. The property consists of 27 units
in 7 buildings,with 21 1-bedroom units and 6 2-bedroom units.Residents qualified to live at Le Beaulieu have an
income below 50%AMI and have a physical or sensory disability.Amenities at Le Beaulieu include full ADA
accessibility,landscaped courtyards,a community room, a 1:1 parking ratio,and a computer lab supporting extensive
resident services.Le Beaulieu is owned by Cupertino Community Housing For The Disabled,Inc.
The proposed renovation would preserve this asset for the long teen by addressing critical building need4ow ring
operating expenses,and raising quality of life for residents. Security concerns would be addressed by upgrading
exterior lighting around trash enclosures,front walkways,and parking areas.The scope would also include
miscellaneous repairs that MidPen's preventative maintenance team have identified,including replacing fencing with
a neighboring property,addressing groundwater seepage in elevator pits,coating outdoor decks with non-slip
material to improve resident safety, and addressing wear-and-tear in unit interiors by refacing cabinets and repairing
flooring. Soft costs include funding for drawings,design and pen-nits.In total,these measures would improve
building integrity,address life-safety issues,help reduce utility bills and offset loner teen maintenance costs at the
property,thereby preserving a vital affordable housing resource for Cupertino's senior and disabled community.
Page 19 of 43
FY 2014-1 5 Cupertino Community Housing For The Disabled,Inc.CD13G City/I�TOn-Profit Capital Housing Project Contract
V
EXHIBIT B
PROJECT WOVK PLAN
FY 2014/15
AGENCY NAME: Cupertino Community Housing For The Disabled, Inc.
PROJECT NAME Le Beaulieu Rehabilitation
� �e,,HUD,National Ob�ectiuren � �4
�.........3�9.,m�
Low/Mod Housing (LMH)
Benchmarks for Each Quarter
Objectives _
1St 2nd 3rd 4th TOTAL
Rehabilitation of 15 residential multi- 0 0 7 g 15
family units
Page 20 of 4'')
FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
EXHIBIT C
PROPOSED IMPLEMENTATION TIMELINE SCHEDULE
FY 2014/15
AGENCY NAME: Cupertino Community Housing For The Disabled, Inc.
PROJECT NAME: Le Beaulieu Rehabilitation
Activity Number & Description:
#1. Rehabilitation of 15 residential multi-family units
.y,; '�'";",,.,5 S4V��i::A.:I x 1,, it 8„�'�lr p��i
.. ,iie nF ,,:.,,.,a �s. J::!..rN r.:.tttS4 p:. .P'1. ..f..d .1,.1.. h•»V ... ...t. �: d d ,:. , .ru i,.r.Gx.. aN:
. _.. ;:..,., .:•,, ,w•.roe.,., r.r. ..ara;, ,'�+..: _ :� 9• i, � f::. ..... •�i ., ,..!.., �.4...:.ti,..... x .�•ih.:..Si:�J. � �,�.,.lt
t.!N•:,rilt, �
V....9: r a„•a ea"§,' l",�r,.,u.� I r!�' ..,,::•i R. ,•.,�'r .xl!J��G:x i,�.. ..�faJ.x �,.!Ni,: .w. '?�..i x: i o�i d i
. Junu !Totals;.
�•,� : __fi .. •- :r�f� ,�,,�.�: 11 ; .. ���, � �4.�,:, . �., ::. �ti: �,!x ���-. :! . r„ ,�.. 5•., fiA r �Ma r
�,•:�a� �: :�� :,��, ��,�.�. Y �I ,�. !,� !�!'�r � �,!: �,t, !��Dec.6 ,,,�.Jan�,4 Feb, ,�u,.Mar!:��.,��w.. �� �..,.:...w.., ��, �ri._.��..�.,_J .. . �.:�..
0 0� 0 0 0 0 2y� 2 3 3 2 15
Page 21 of 43
FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non.-Profit Capital Housing Project Contract
EXHIBIT D
PROJECT BUDGET
FY 2014/:115
Agency Name: Cupertino Community Housing For The Disabled, Inc.
Project Name: Le Beaulieu Rehabilitation
Sources —
City of Cupertino CDBG Funds(Grant) $500,000
Total Sources _ $500,000
Uses —
Construction Costs:
Exterior/Common Area Work:
Landscape-irrigation controllers, drip irrigation,plantings $100,000
sewer and stonn drains camera and repairs _ $20,000
exterior security lighting improvements _ $40,000
fencing replacement $12,000
Site concrete repairs $10,000
Siding and roofing repair _ $5,000
Monument sign _ $10,000
Subtotal _ $197,000
Unit Interiors:
Installation of energy efficient bath fans _ $27,000
cabinet resurfacing and replacements $75,000
VCT flooring replacements $20,000
Closet and pocket door replacements _ $15,000
Selective energy-efficient appliance replacements _ $15,000
Repair drywall and wainscoting $17,500
Selective air conditioning and PTAC replacements $20,000
Bathroom water roofing and shower replacements _ $30,000
Subtotal _ $219,500
Sot Costs:
Construction Management Fee 6% $24,990
NEPA consultant $3,000
Prevailing Wage Consultants _ $7,500
Design and drawings $15,000
$5,000
Permits
Title and escrow _ $
$6 00 00
Legal Expenses $6
Subtotal $61,090
Contingent up to 10% _ $22,410
Subtotal $22,410
Total rises(or Total Project Cost) S500,000
Page 22 of 4')
FY 2014-1 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
EXHIBIT E
BASIC INSURANCE AND BONI) REQUIREMENTS FOR
NON-PROFIT CONTRACTS
Definition of Contractor: The "Contractor" as thel word is used herein is the party contracting
with the City of Cupertino for the direct distribution of CDBG funds. If your organization will
be contracting for construction work (such as general contractors building rental apartments) to
undertake a Project (as defined in this Non-Profit/City Contract) then the requirements set forth
herein shall be complied with by the party contracted with for construction work protecting both
the non-profit and the City.
Indeinnity
The Contractor shall indemnify, defend, and hold harmless the City of Cupertino (hereinafter
"City"), its officers, agents and employees from any loss, liability, claim, injury or damage arising
out of, or in connection with performance of this Contract by Contractor and/or its agents,
employees or subcontractors, excepting only loss, injury or damage caused solely by the acts or
omissions of personnel employed by the City. It is the intent of the parties to this Contract to
provide the broadest possible coverage for the City. The Contractor shall reimburse the City for
all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which
the Contractor is obligated to indemnify, defend and.hold harmless the City under this Contract.
Insurance
Without limiting the Contractor's indemnification of the City, the Contractor shall provide and
maintain at its own expense, during the term of -.his Contract, or as may be further required
herein, the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Contract, the Contractor shall provide on the City's own form or a
form approved by the City's Insurance Manager C-ai original plus one copy of a Certificate of
Insurance certifying that coverage as required herein has been obtained and remains in force for
the period required by this Contract. The contract number and project name must be stated
on the Certificate of Insurance. The City's Special Endorsement form shall accompany the
certificate. Individual endorsements executed by the insurance carrier may be substituted for the
City's Special Endorsement form if they provide th2l coverage as required. In addition, a certified
copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the address as shown on the City's 'Certificate of
Insurance form and to the Housing and Community Development Program at the address set
forth in this Contract at Section VI. PROGRAM COORDINATION, Paragraph C., NOTICES.
The Contractor shall not issue a Notice to Proceed with the work under this Contract until it has
obtained all insurance required and such insurance has been approved by the City. This approval
of insurance shall neither relieve nor decrease the liability of the Contractor.
B. Notice of Ca celladon of Reduction of Coverage
Page 23 of 43
FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
All policies shall contain a special provision for thirty (30) days prior written notice of any
cancellation or reduction in coverage to be sent to the Community Development Department,
10300 Torre Avenue, Cupertino, CA 95014.
C. Ouali ping Insurers
All policies shall be issued by companies which hold a current policy holder's alphabetic and
financial size category rating of not less than A VII:[, according to the current Best's Key Rating
Guide, unless otherwise approved by the City's Insurance Manager.
D. Insurance Required
1. Comprehensive General Liability Insurance - for bodily injury (including death)
and property damage which provides limits of notL less than one million dollars ($1,000,000)
combined single limit(CSL) per occurrence.
OR
2. Commercial General Liability Insurance - for bodily injury (including death) and
property damage which provides limits as follows:
a. General limit per occurrence- $10000
b. General limit aggregate - $2,000,000
C. Products/Completed Operations- $1,000,000 aggregate
d. Personal Injury limit- $1,000,000
If coverage is provided under a Commercial General Liability Insurance form, the carrier
shall provide the City Insurance Manager with a quarterly report of the amount of aggregate
limits expended to that date. If over 50% of the aggregate limits have been paid or reserved, the
City may require additional coverage to be purchased by the Contractor to restore the required
limits.
3. For either type of insurance, coverage shall include:
a. Premises and Operations
b. Products/Completed Operations with limits of one million dollars
($1,000,000) per occurrence/ aggregate to be maintained for two (2) years following acceptance
of the work by the City.
C. Contractual Liability expressly including liability assumed under this
Page 24 of 4')
FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
d. ,Personal Injury liability.
e. Independent Contractors' (Pro Lective) liability.
f. Severability of Interest clause providing that the coverage applies
separately to each insured except with respect to the limits of liability.
4. For either type of insurance,'coverage: shall include the following endorsements,
copies of which shall be provided to the City:
a. Additional Insured Endorseme-nt:
Such insurance as is afforded by this policy shall also apply to the City of
Cupertino, and members of the City Council, and the officers, agents and
employees of the City of Cupertino, individually and collectively, as additional
insureds.
b. Primary Insurance Endorsement:
Such insurance as is afforded by the ,additional insured endorsement shall apply as
primary insurance, and other insuraa.lce maintained by the City of Cupertino, its
officers, agents, and employees shall be excess only and not contributing with
insurance provided under this policy.
C. Notice of Cancellation or Change of Coverage Endorsement:
This policy may not be cancelled nor the coverage reduced by the Company
without 30 days prior written notice of such cancellation or reduction in coverage
to the City of Cupertino at the address shown on the Certificate of Insurance.
d. Contractual Liability Endorsement:
This policy shall apply to liability assumed by the insured under written contract
with the City of Cupertino.
e. Personal Injury Endorsement:
The provisions of this policy shall provide Personal Injury coverage.
f. Severability of Interest Endo:irsement:
The insurance afforded by this policy shall apply separately to each insured that is
seeking coverage or against whom a claim is made or a suit is brought, except
with respect to the Company's limit of liability.
Page 25 of 4')
FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
5. Comprehensive 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.
6. Workers' Compensation and Employer's Liability Insurance for:
a. Statutory California Workers' Compensation coverage including a broad
form all-states endorsement.
b. Employer's Liability coverage for not less than one million dollars
($1,000,000) per occurrence for all employees engaged in services or operations under this
Contract.
C. Inclusion of the City and its governing board(s), officers, representatives,
agents, and employees as additional insureds, or a waiver of subrogation.
7. Professional Errors and Omissions Liability Insurance
This type of insurance should be provided by persons/entities you contract with to
provide you with professional services.
a. Limits of not less than one million dollars ($1,000,000).
b. If this policy contains a self retention limit, it shall not be greater than ten
thousand dollars ($10,000)per occurrence/event.
C. This coverage shall be maintained for a minimum of two (2) years
following termination of this Contract.
The City must first approve any exceptions to the above requirements.
8. Bond Requirements
Fidelity Bond - Before receiving compensation under this Contract, Contractor will
furnish City with evidence that all officials, employees, and agents handling or having
access to funds received or disbursed under this Contract, or authorized to sign or
countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of
AT LEAST fifteen percent (15%) of the maximum financial obligation of the City cited
herein. If such bond is cancelled or reduced, Contractor will notify City 'immediately, and
City may withhold further payment to Contractor until proper coverage has been
obtained. Failure to give such notice may be- cause for termination of this Contract, at the
option of the City.
Page 26 of 43
FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG CityINTTon-Profit Capital Housing Project Contract
r
9. Special Provisions
The following provisions shall apply to this Contract:
a. The foregoing requirements as to the types and limits of insurance
coverage to be maintained by the Contractor and any approval of said insurance by the City or its
insurance consultant(s) are not intended to and sly all not in any manner limit or qualify the
liabilities and obligations otherwise assumed by the Contractor pursuant to this Contract,
including but not limited to the provisions concerning indemnification.
b. The City acknowledges that some insurance requirements contained in this
Contract 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 Contract. The City shall approve
any self-insurance in writing.
C. The City reserves the right to withhold payments to the Contractor in the
event of material noncompliance with the insurance requirements outlined above.
d. If the Contractor fails to maintain such insurance as is called for herein,
the City must order the Contractor to immediately suspend work at Contractor's expense until a
new policy of insurance is in effect.
Page 27 of,43
FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG Ciry/Non-Profit Capital Housing Project Contract
ADDENDUM TO EXHIBIT "E"
BASIC INSURANCE AND BOND REQUIREMENTS
FOR CONSTRUCTION PROJECTS USING CITY FUNDS
If your organization will be contracting for construction work (such as general contractors
building rental apartments) to undertake a Project (as defined in this Non-Profit/City Contract)
then the requirements set forth in this Addendum to Exhibit "E" shall be complied with by the
party contracted with for construction work protecting both the non-profit and the City.
Indemnity
The General Contractor (hereinafter referred to as "General") shall indemnify, defend, and hold
harmless the City of Cupertino (hereinafter "City"),, its officers, agents and employees, and the
Contractor, it's officers, agents and employees from any loss, liability, claim, injury or damage
arising out of, or in connection with performance of this Contract by General and/or its agents,
employees or subcontractors, excepting only loss, injury or damage caused solely by the acts or
omissions of personnel employed by the City or the Contractor. It is the intent of the parties to
this Contract to provide the broadest possible coverage for the City and the Contractor. The
General shall reimburse the City and the Contractor for all costs, attorneys' fees, expenses and
liabilities incurred with respect to any litigation in which the General is obligated to indemnify,
defend and hold harmless the City and the Contractor under this Contract.
Insurance
Without limiting the General's indemnification of the City and the Contractor, the General shall
provide and maintain at its own expense, during the term of this Contract, or as may be further
required herein, the following insurance coverages and provisions:
A. Evidence of Coveraze
Prior to commencement of this Contract, the General shall provide an original plus one copy of a
Certificate of Insurance certifying that coverage as required herein has been obtained and remains
in force for the period required by this Contract. The contract number and project name must be
stated on the Certificate of Insurance. Individual endorsements executed by the insurance carrier
shall accompany the Certificate.
This verification of coverage shall be sent to the Contractor at the address stated below and to the
Community Development Department, 10300 Torre Avenue, Cupertino, CA 95014. The
Contractor shall not issue a Notice to Proceed with the work under this Contract until it has
obtained all insurance required and such insurance has been approved by the Contractor and final
approval by the City. This approval of insurance shall neither relieve nor decrease the liability of
the Contractor.
B. Notice of Cancellation or Reduction of Covel_a, e
All policies shall contain a special provision for thirty (30) days prior written notice of any
canIcellation or reduction i.a coverage to be sent to t1lic Co-narnunity Development JJ__,1A2`arL-meni- as
stated above, and the Contractor at the following address:
Page 28 of 43
FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
r
Cupertino Community Housing;For The Disabled, Inc.
303 Vintage Park Drive, Suite 250
Foster City, California 94404
C. Qualifying Insurers
1. All policies shall be issued by companies which hold a current policy holder's
alphabetic and financial size category rating of not less than A VIII, according to the current
Best's Key Rating Guide, unless otherwise approved by the City.
2. Surety coverage (including bid, performance and payment bonds) shall be
required as follows:
a. For projects in excess of$100.,000:
1. Either a California Admitted Surety OR a current Treasury Listed
Surety (Federal Register); and either a current A.M. Best A IV rated Surety OR a current
Standard and Poors (S&P) rating of A;
2. An admitted surety insurer which complies with the provisions of
the Code of Civil Procedure, Section 995.660*;
OR
3. In lieu of 1 & 2, a company of equal financial size and stability that
is approved by the City's Insurance/Risk Manager.
b. For projects between$25,000 ,end not exceeding $100,000:
1. A California Admitted Surety and either a current A.M. Best B
rated Surety OR a current Standard and Poors (S&P) rating of B B;
OR
2. An admitted surety insurer which complies with the provisions of
the Code of Civil Procedure, Section 995.660;
OR
California Code of Civil Procedure Section 99 .660 in summary,states that an admitted surety must provide: 1)the original,or a certified copy
of instrument authorizing the person who executed the bond to do so;2)a certified copy of the Certificate of Authority issued by the Insurance
Commissioner; 3) a certificate from City Clerk of Cupertino City that Certi;:icate of Authority has not been surrendered, revoked, canceled,
annulled or s:lspcnded;4)a fna;;cial statement sho xi;,,the asserts and liabilitios of tl„c insurer at t .cnc-1 of file qu rter ca 1.endar year,prior to 30
days next preceding the date of the execution of the bond.
Page 29 of 4'3
FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
3. In lieu of 1 & 2, a company of equal financial size and stability that
is approved by the City's Insurance/Risk Manager.
D. Insurance Required
1. Comprehensive General Liability Insurance - for bodily injury (including death)
and property damage which provides limits of not less than one million dollars ($1,000,000)
combined single limit (CSL) per occurrence.
OR
2. Commercial General Liability Insurance - for bodily injury (including death) and
property damage which provides limits as follows:
a. General limit per occurrence - $1,000,000
b. General limit aggregate - $2,000,000
C. Products/Completed Operations- $1,000,000 aggregate
d. Personal Injury limit - $1,000,000
If coverage is provided under a Commercial General Liability Insurance form, the carrier
shall provide the City Insurance Manager with a quarterly report of the amount of aggregate
limits expended to that date. If over 50% of the aggregate limits have been paid or reserved, the
City may require additional coverage to be purchEtsed by the General to restore the required
limits.
3. For either type of insurance, coverage shall include:
a. Premises and Operations
b. Products/Completed Operations with limits of one million dollars
($1,000,000) per occurrence/aggregate to be maintained for two (2) years following acceptance
of the work by the City.
C. Contractual Liability expressly including liability assumed under
this Contract.
d. Personal Injury liability.
e. Independent Contractors' (Protective) liability
f Severability of Interest clause providing that the coverage applies
separc_'E.--1 jT to each insured except with respect to the 'limits of li biEty.
Page 30 of 43
FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
4. For either type of insurance, coverage shall include the following endorsements,
copies of which shall be provided to the City and the Contractor:
a. Additional Insured Endorsement:
Insurance afforded by this policy shall also apply to the City of Cupertino and
Contractor as additional insureds.
b. Primary Insurance Endorsement:
Insurance afforded by the additional insured endorsement shall apply as primary
insurance, and other insurance maintained by the City of Cupertino and the
Contractor shall be excess only and. not contributing with insurance provided
under this policy.
C. Notice of Cancellation or Change of Coverage Endorsement:
This policy may not be canceled nor the coverage reduced by the Company
without 30 days prior written notice of such cancellation or reduction in coverage
to the City of Cupertino CDBG Program, and the Contractor at the addresses set
forth on page 10 of this Addendum.
d. Severability of Interest Endorsement:
The insurance afforded by this policy ,shall apply separately to each insured who is
seeking coverage or against whom a claim is made or a suit is brought, except
with respect to the Company's limit of liability.
5. Comprehensive 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.
6. Workers' Compensation and Employer's Liability Insurance for:
a. Statutory California Workers' Compensation coverage including a broad
form all-states endorsement.
b. Employer's Liability coverage for not less than one million dollars
($1,000,000) per occurrence for all employees engaged in services or operations under this
Contract.
7. Work and Materials Insurance (including but not limited to Builder's Risk,
Course of Construction, Installation Floater or similar first party property insurance for covering
the interest of the Contractor and the City) shall be provided by the Contractor.
The Contractor's coverage shall provide the fallowing:
Page 31 of 4'
2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
i
a. Coverage shall be provided on an "all-risk" basis.
b. Coverage shall be provided on the work and materials which are the
subject of this Contract, whether in process or manufacture or finished, including "in transit"
coverage to the final agreed upon destination of delivery, and including loading and unloading
operations, and such coverage shall be in force until the work and materials are accepted by the
City.
C. City and non-profit shall be named as additional insured as its interests
may appear at the time of loss.
d. Coverage shall be in an amount no less than the full replacement value of
the property at the time of loss.
e. The deductible shall not exceed $1,000 per occurrence unless otherwise
approved by the City and shall be borne by the Contractor.
f. If the construction contractor fails to maintain such insurance as is called
for herein, the City shall have cause to terminate this Contract in accordance with Section V,
paragraph B.
8. Bond Requirements
The following bond requirements apply:
a. Contract Bonds - Prior to execution of the Contract, Contractor shall file
with the City on the approved forms, the two surety bonds in the amounts and for the purposes
noted below, duly executed by a reputable surety company satisfactory to City, and Contractor
shall pay all premiums and costs thereof and incidental thereto. Both Contractor and the sureties
shall sign each bond.
b. The "payment bond for public works" shall be in an amount of one
hundred percent (100%) of the Contract price, as deterinined from the prices in the bid form, and
shall insure to the benefit of persons performing labor or furnishing materials in connection with
the work of the proposed Contract. This bond shall be maintained in full force and effect until all
work under the Contract is completed and accepted by the City, and until all claims for materials
and labor have been paid.
C. The "performance bond" shall be in an amount of one hundred percent
(100%) of the Contract price as determined from the prices in the bid form. and shall insure the
faithful performance by Contractor of all work udder the Contract. It shall also insure the
replacing of, or making acceptable, any defective materials or faulty workmanship.
Should any surety or sureties be deemed unsatisfactory at any time by the City notice will
be gi,�.7en Contractor to that effeci, and Contractor" shall forth,,vith substittitc nee 7 surety or
Page 32 of 43
FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
sureties satisfactory to the City. No further payment shall be deemed due or will be made under
the Contract until the new sureties -qualify and are accepted by the City.
All alterations, time extensions, extra and additional work, and other changes authorized
by the Specifications, or any part of the Contract, may be made without securing consent of the
surety or sureties on the contract bonds.
9. Special Provisions
The following provisions shall apply to this Contract:
a. The foregoing requirements Els to the types and limits of insurance
coverage to be maintained by the General and any approval of said insurance by the City or the
Contractor are not intended to and shall not in any manner limit or qualify the liabilities and
obligations otherwise assumed by the General pursuElnt to this Contract, including but not limited
to the provisions concerning indemnification.
b. The Contractor reserves the right to withhold payments to the General in
the event of material noncompliance with the insurance requirements outlined above.
C. The Contractor shall notify the City Community Development Department
promptly of all losses or claims over $25,000 resulting from work performed under this contract,
or any products/completed operations loss or claim against the contractor resulting from any of
the contractor's work.
Page 33 of 43
FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
EXHIBIT[' F
ASSURANCES
CORPORATION hereby assures and certifies that it will comply with all regulations,policies,
guidelines and requirements applicable to the acceptc'ince and use of Federal funds for this
Federally-assisted project 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 PROJECT that it is in compliance with the
following Regulations as defined by 24 CFR, Part 570, Subpart J; 24 CFR, Part 570, Subpart K;
and will be conducted and administered in conformity with"Public Law 88.352 and Public Law
90-284.
1. 570.601. Public Law 88-352 and Public Law 90-284; affirmatively furthering fair
housing; Executive Order 11063, as amended by Executive Order 12259 addresses
discrimination. HUD regulations implementing Executive Order 1106':) are contained in
24 CFR, Part 107; Title VI of the Civil Right, Act of 1964 as amended; Title VIII of the
Civil Rights Act of 1968 as amended; Section 104(b) and Section 109 of Title I of the
Housing and Community Development Act of 1974 as amended; Section 504 of the
Rehabilitation Act of 197':); the Age Discrimination Act of 1975; Executive Order 11246
as amended by Executive Orders 11375, 12086, 11478, 12107; Executive Order 11625 as
amended by Executive Order 12007; Executive Order 12432; Executive Order 12138 as
amended by executive Order 12608.
2. 570.602. Section 109 of the Act addresses discrimination.
3. 570.603. Labor Standards.
4. 570.604. Environmental Standards.
5. 570.605. National Flood Insurance Program.
6. 570.606. Relocation, Displacement and Acquisition.
7. 570.607. Employment and Contracting Opportunities.
8. 570.608. Lead-Based Paint.
9. 570.609. Use of Debarred, Suspended, or Ineligible Contractors or Subrecipients.
10. 570.610. Uniform Administrative Requirement and Cost Principles. The CITY, its
Subrecipients, agencies or instrumentalities, shall comply with the policies, guidelines,
and requirements of 24 CFR Part 85 (Conunon 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 Governinents-implemented at 24 CFR, Part 24), and A-
133 AtioiL„ 1 . s ✓� , n
of 1�s�i�t fiioEl� of HiI_ Ec�ucat�o�� �i�c1 Other Nal�-il e���L L-�st�!tlt1o�}s), as
Page 34 of 43
FY 2014-15 Cupertino Community Housing For The Disabled,hic.CDBG City/Non-Profit Capital Housing Project Contract
applicable, as they relate to the acceptance and use of Federal funds under this part. The
applicable sections of 24 CFR, Part 85 and OJVIB Circular A-100 are set forth at 570.502.
ll. 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.
13. , 570.613. Eligibility restrictions for certain resident aliens.
14. 570.614. Architectural Barriers Act and the Americans with Disabilities Act. Federal
regulations issued pursuant thereto, which prohibit discrimination against the disabled in
any federally assisted program, the requirements of the Architectural Barriers Act of 1968
(42 U.S.C. 4151-4157) and the applicable requirements of Title II and/or Title III of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et sec.),the requirements of
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and federal regulations
issued pursuant thereto.
15. Drug Free Work Place. The requirements of the Drug Free Workplace Act of 1988
(P.L. 100-690) and implementing regulations at 24 C.F.R. Part 24.
16. Religious Organizations. If the CORPORATION is a religious organization, as defined
by the CDBG program, all conditions prescribed by HUD for the use of CDBG Funds by
religious organizations, including the First Amendment of the United States Constitution
regarding church/state principles and the applicable constitutional prohibitions set forth in
24 C.F.R. Section 570.2000).
17. Flood Disaster Protection. The Flood Disaster Protection Act of 1973 (P.L. 93-234).
No portion of the assistance provided under this Contract is approved for acquisition or
construction purposes as defined under Section 3(a) of said Act, for use in an area
identified by HUD as having special flood hazards which is located in a connnunity not
then in compliance with the requirements for participation in the national flood insurance
program pursuant to Section 201(d) of said Apt. The use of any assistance provided under
this Contract for such acquisition or construction in such identified areas in communities
then participating in the national flood insurance program is subject to the mandatory
purchase of flood insurance requirements of Section 102(a) of said Act. Any contract or
Agreement for the sale, lease, or other transfea of land acquired, cleared or improved with
assistance provided under this Contract is to contain certain provisions. These provisions
will apply if such land is located in an area idclntified by HUD as having special flood
hazards and in which the sale of flood insurance has been made available under the
National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et sew. These
provisions obligate the transferee and its succ(--ssors or assigns to obtain and maintain,
during the ownership of such land, such flood insurance as required with respect to
financial a.sslstanc-c:; br acquisition or construction purpoSeS, unde-r Section 102(s)
Flood Disaster Protection Act of 197'). Such provisions are required notwithstanding the
Page 35 of 4.3
2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
fact that the construction on such land is not itself funded with assistance provided under
this Contract.
18. Environmental and Historic Preservation. 24 C.F.R. Part 58, which prescribe
procedures for compliance with the National ]_Environmental Policy Act of 1969 (42
U.S.C. 4321-4361), and the additional laws and authorities listed at 24 C.F.R. 58.5.
19. HUD Regulations. Any other HUD regulations present or as may be amended, added, or
waived in the future pertaining to the Grant hinds, including but not limited to HUD
regulations as may be promulgated regarding subrecipients.
The CORPORATION agrees to comply with the following federal regulations, requirements,
provisions and citations below. In addition all federal environmental requirements and
conditions must be satisfied prior to the release of grant funds.
ADDITIONAL FEDERAL REGULATIONS, IR.EQUIREMENTS, PROVISIONS AND
CITATIONS
OMB
OMB Circulars for
Circulars for Gov't. Other Federal
Provisions Federal Regulations* Non Gov't. Subrecipients Regulations**
Subreci ients
1. National Objective 570.200(a)(1)+(2),
Compliance/Eligibility 570.201-570.209,
570.506 _
2. Scope of Work 570.503
3. Time of Perfonnance 570.503
4. Compensations and Method 570.502, 570.513 A-122,A-21 A-87 24 CFR Part 85
of Payment
5. Program Income 570.500(a),
570.503(b)(3),
570.504
6. Record-Keeping 570.502, 24 CFR Parts 84
Requirements 570.503(b)(2), and 85
570.506
7. Reporting Requirements 570.502, 570.507 24 CFR Parts 84
and 85
8. Public Access to Program 570.502, 570.508 24 CFR Parts 84
Records and 85
9. Grant Closeout Procedures 570.502, 570.509
10. Uniform Administrative 570.502, A-122,A-21, A-87,A-133 24 CFR Parts 84
and Program Management 570.503(b)(4), A-133 and 85
Standards 570.610 _
11. Reversion of Assets 570.502, 570.503,
570.505 _
12. Real Property 570.502,
570.503(b)(7),
570.505
13. Other Program 570.503(b)(5),
Page 36 of 43
FY 2014-15 Cupertino Community Housing For The Disabled;Inc.CDBG City/Non-Profit Capital Housing Project Contract
Requirements 570.600-603,
570.605-614
14. Termination 570.502,570.503 24 CFR Part 84.43
15. Compliance with 570.501 A.-122 24 CFR Parts 84
Laws/Regulations and 85
16. Antidiscrimination/ 570.601, 570.602,
Affinnative Action and 570.607
EEO
17. Financial Management 570.502, 570.610 24 CFR Parts
84.20 and 85.20
and Treasury Cir.
1075
18. Audits 570.502, 570.610 A-133 A-133 24 CFR Parts
84.26 and 85.26
19. Religious and Political 570.2000), 570.207
Activities _
20. Budget Modifications 570.502.
570.503(b)(1)
21. Monitoring 570.501(b), 24 CFR Parts 84
570.502(b)(vii), and 85
570.503(b)(1)
22. Conflict of Interest 570.611 24 CFR Parts 84
and 85
23. Procurement Methods 570.502 24 CFR Parts
84.40-48 and 85.36
24. Budget 570.503
25. Project 570.503
Schedule/Milestones
26. Environmental Review 570.503(b)(3)(1)
Unless otherwise noted, citations are from Title 24 of the Code of Federal Regulations (CFR).
*Part 84 applies to institutions of higher education, hospitals, and other non-profit
organizations; Part 85 applies to state, local, and federally recognized Tribal governments.
Page 37 of 4.3
FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
ADDITIONAL FEDERAL REGULATIONS, REQUIREMENTS, PROVISIONS AND
CITATIONS
Requirements Federal Regulations Other References
1.Federal Labor Standards 24 CFR 570.603;29 CFR Section 110,Housing and
— Davis-Bacon Parts 1, 3,and 5 Convnunity Development Act
— Copeland Act(Anti-kickback) of 1974(HCDA);40 U.S.C.
— Contract Work Hours and Safety 276a-276a-5;40 U.S.C. 276c;
Standards 40 U.S.C. 327 et seq.
2.Equal Employment Opportunity 24 CFR 570.601-602,
24 CFR 570.607, Executive Orders 11246 and
41 CFR 60 _ 12086, 12 U.S.C. 170lu
3.List of Debarred or Ineligible Contractors 24 CFR 570.609,
24 CFR 24
4.Non-Discrimination 24 CFR Part 8, Section 504 of Rehab.Act of
24 CFR 570.601, 1973,Americans with
24 CFR 570.602 Disabilities Act of 1990,
Exec. Order 11063
5.Fire Safety Codes _ Local
6.Building,Housing,and Zoning Codes; 24 CFR 570..208(b)(1)(iv)and Local
Housing Quality Standards (b)(2)
7.Lead-Based Paint 24 CFR 570..608, 42 U.S.C.4821 et seq.
24 CFR 35
8.Lump Sum Drawdowns 24 CFR 570,.513
9.Environmental/Historic 24 CFR 570„503(b)(5)(i), Sec. 104(8),HCDA
Pre servation/National Enviromnental Policy 24 CFR 570„604, 570.202,
Act/Flood Insurance Requirements 24 CFR 58
— Siting Near Airports and Coastal Barri
Resources
— Fish and Wildlife Protection Reff,At 24 CFR 58.6
— Flood Plain
— National Historic Preservation See reference at 24 CFR
— Noise Abatement&Control 58.5570.605, 58.6
— Wetlands
— Air Quality
— Coastal Zones
— Endangered Species
— Thennal/Explosive Hazards
— Flood Insurance 42 U.S.C.4001 et se g.
10.Relocation,Real Property Acquisition,and 24 CFR 570.201(1), 570.606, Sect. 104(d)and 105(a)(11)
One-For-One Housing Replacement 49 CFR 24, of HCDA,
— Uniform Relocation Act www.hud.gov/relocation
— Residential anti-displacement and
relocation assistance
— One-For-One Replacement 24 CFR 570.606(c)(1)
Page 3 8 of 43
FY 2014-15 Cupertino Community Housing For The Disabled,hic.CDBG City/Non-Profit Capital Housing Project Contract
EXHIBIT G
PROJECT SCOPE (OF WORK
Exterior/Common Area Work:
Task 1. Landscape improvements. New irrigation controllers, drip irrigation, and plantings.
Create swales for stormwater runoff control, particularly in sensitive locations such as near
plantings, a transformer, and site walkways.
Task 2. Storm drains repairs, including new storm drains at locations prone to flooding
near the BBQ area and beneath the ADA ramp.
Task 3. Exterior lighting improvements. Includes upgrades to LED for walkway lights.
Replace or reset pole lights.
Task 4. Fencing replacement. Install a new fence on portion of site.
Task S. Selective unit entry door and frame replacement
Task 6. Siding and roofing repair.Adjust gutters on walkway roof. Caulk gaps in siding.
Replace dry rotted support beams. Install metal stand-off for deck support beams.
Task 7. Site concrete and asphalt repairs, including;curbs along walkway to BBQ area.
Relocate the BBQ gas line behind the BBQ. Partial :parking lot resurfacing and restriping.
Replace adjacent water connection to laundry building.
Task 8. Monument sign and building signs. Create a new monument sign and selective
building signs.
Unit Interiors:
Task 1. Installation of energy efficient bathfans in all units.
Task 2. Cabinet and vanity resurfacing and replacements in select units. Replace damaged
medicine cabinets. Replace countertops.
Task 3. Flooring repairs, including VCT flooring replacements. Repair subfloor in damaged
units. Install VCT in elevator and community room.. Repair bathroom and kitchen
floors.
Task 4. Closet door and pocket door replacements in select units.
Task 5. Selective energy-efficient appliance and lighting replacements, including bathroom
and kitchen lights, motion sensors, range hoods, stoves, cooktops, and
refrigerators. Replace damaged and inefficient water fixtures, including select tub and
shower enclosures.
Task 6. Repair drywall and wainscoting where dannaged.
Task 7. Selective air conditioning and PTAC replacements.
Task 8. Bathroom waterproofing and shower replacements.
Page'39 of 43'
FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG CityRNlon-Profit Capital Housing Project Contract
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EXHIBIT I
LEGAL DESCRIPTION
The land referred to is situated in the County of Santa Clara, City of Cupertino, State of
California, and is described as follows:
PARCEL ONE:
Beginning at a point on the east line of Stelling Road, distant thereon South 424.77 feet from the
intersection thereof with the Southerly line of a 30 foot strip of land conveyed by Southern
Pacific Company, a corporation to County of Sanica Clara, by deed dated April 5, 1937 and
recorded December 7, 1937 in Book 853 of Official Records, Page 248, said point being the
Southwesterly corner of said land conveyed by Bank of America to Peter Bianchi by Deed dated
April 10, 1941 and recorded April 28, 1941 in Book 1038 of Official Records, Page 156; thence
along the Southerly line of said Bianchi parcel N. 89 deg. 57' 00" E. 143.50 feet to the true point
of beginning; thence continuing N. 89 deg. 57' 00" E. 323.45 feet; thence parallel with Stelling
Road North 252.77 feet; thence parallel with the Southerly line of said Bianchi parcel S. 89 deg.
5700" W. 159.95 feet; thence parallel with Stelling Road South 189.02 feet; thence parallel with
the Southerly line of said Bianchi parcel S. 89° deg. 57' 00" W. 163.50 feet; thence parallel with
Stelling Road South 63.75 feet to the true point of beginning. Said parcel is also shown on the
Record of Survey filed March 27, 2006, in Book '798 of Maps, Page 44, Santa Clara County
Records.
PARCEL TWO:
A right of way for ingress and egress over that certain.parcel of land 40 feet wide, the center line
Of which is described as follows:
Beginning at a point in the Southerly line of the 30 foot strip of land conveyed by Southern
Pacific Company to the County of Santa Clara by Deed dated April 5, 1937 and recorded
December 7, 1937 in Vol. 853 of Official Records, Page 248, Santa Clara County Records, said
point of beginning being distant along said line Easterly 20 feet from the Westerly line of the
parcel of land conveyed by the Bank of America to :Peter Bianchi by Deed dated April 10, 1941
and recorded April 28, 1941 in Vol. 1038 of Official Records, Page 156, Santa Clara County
Records; thence Southerly and parallel with said Westerly line and the Southerly prolongation
thereof, 424.77 feet to the Southerly line of said lands so conveyed to Bianchi.
APN's 359-07-010, 019 and 020
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FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract
EXHIBIT J
GRANT AGREEMENT
(See attached Grant Agreement)
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END OF CONTRACT
PAGE LEFT BLANK IN'T'ENTIONALLY
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FY 2014-15 Cupertino Community Housing For The Disabled,Inc.CDBG City/Non-Profit Capital Housing Project Contract