14-104 Community Development Block Grant (CDBG) Program City/Non-Profit Public Service Contract-Rebuilding Together Silicon Valley OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
TELEPHONE: (408)777-3223• FAX: (408)777-3366
WEBSITE:www.cupertino.org
CUPERTINO
June 15, 2015
Rebuilding Together Silicon Valley
Attention: Beverley Jackson
1701 S. 7t"Street. Ste. 10
San Jose, CA 95112
Re: First Amendment to Community Development Block Grant (CDBG) Program
City/Non-Profit Contract (Services Only)
Enclosed is a fully executed original copy of your agreement with the City of Cupertino.
If you have any questions or need additional information, please contact the Planning
Department at (408) 777-3308.
Sincerely,
Andrea Sanders
Senior Office Assistant
cc: Planning
Enclosure
1"oIL, -Zz-
FIRST AMENDMENT
TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
CITY/NON-PROFIT CONTRACT
The First Amendment to Contract is entered into between REBUILDING TOGETHER
SILICON VALLEY (CORPORATION) and the CITY OF CUPERTINO (CITY) to amend
the Contract entered into pursuant to the Catalog of Federal Domestic Assistance (C F D A) for
allocation and disbursement of Community Development Block Grant (CDBG) funds to
Corporation dated July 1. 2014,(CONTRACT).
WITNESSETH
WHEREAS, the CITY has applied for and received a FY 2015-16 funding allocation for
CDBG funds from the United States Department of Housing and Urban Development(HUD);
and
WHEREAS, the City Council authorized the City Manager execute amendments with
organizations as needed to implement the FY 2015-16 allocation of CDBG funds; and
WHEREAS, the parties wish to enter into this amendment to increase CORPORATION's
CDBG entitlement, extend the term of the CONTRACT, revise the Project Description,
Implementation Time Schedule and Project Budget;
THEREFORE, the parties agree as follows:
1. Section I,entitled "Program," is revised to read as follows:
For the period of July 1,2014 to June 30, 2015, CITY agrees to allocate a portion of its
CDBG entitlement, as defined in 24 CFR 570 Subpart J, "Grant Administration," to
CORPORATION as a subrecipient for eligible capital housing project activities, in the sum
of Fifty Seven Thousand Dollars and No Cents ($57,000.00) for the purpose of
implementing the CORPORATION'S project, as more particularly described in Exhibits A-F.
For the period 1 CITY agrees to allocate a portion of its
current CDBG entitlement, as defined in 24 CFR 570 Subpart J, "Grant Administration," to
CORPORATION as a subrecipient for eligible capital housing project activities, in the sum of
Sixty Thousand Three Hundred Dollars and No Cents x$60—,3ffMff) for the purpose of
implementing the CORPORATION'S project, as more particularly described in Exhibits A-F as
noted herein, attached to this First Amendment.
The total CDBG allocation f o r F Y 2 014-15 t h r o u g h F Y 2 015-16 shall not exceed
One Hundred and Seventeen Thousand Three Hundred Dollars and No Cents ($117,300.00).
2. Section II, "Term," is amended to read as follows, the purpose of this Contract is for the CITY
to disburse Grant funds for eligible activities. Unless amended prior to its expiration, the term
of this Contract for disbursement purposes will begin on July 1,2015 and will end on June 30,
2016, unless terminated earlier pursuant to Section VI or Section VII of the Contract.
Page 1 of 17
FY 2015-16 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract Amendment
3. The following Exhibits to the Contract are hereby added to read as shown in the attachments to
this Amendment:
1. Exhibit A: Project Description
2. Exhibit B: Project Work Plan
3. Exhibit C: Project Implementation Timeline Schedule
4. Exhibit D: Project Budget
5. Exhibit E: Basic Insurance and Bond Requirements for Non-Profit Contracts
6. Exhibit F: Assurances
4. All terms, covenants and conditions stated in the CONTRACT, which are not herein amended,
remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment effective on the
later date shown below.
AGENCY: CITY OF CUPERTINO, a municipal
Rebuilding Together Silicon Valley, corporation
a nonprofit public benefit corporation
BY:'
.B-evQi -" J
BY: v)� CI_ � 1�G� �l
(Print ame) (Print Name)
AMA—
Beverley
Jackson Date DdVid Brandt Date
Executive Director City Manager
APPROVED AS TO FORM AND ATTEST:
L GALITY:
Carol Korade Date Grace Schmidt Date
City Attorney City Clerk
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
260-72-709-600-623
PO
��
Original Contract: ;moi
Total: I j 3 , '-1D
Page 2 of 17
FY 2015-16 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract Amendment
EXHIBIT A
PROJECT- DESCRIPTION
Agency Name: DUNS#:
Rebuilding Together Silicon Valley 017547055
Executive Director: Project Manager: Project#(For Office Use Only)
Beverley Jackson Beverley Jackson CDBG-2015-4
Street Address: City: State: Zip Code:
1701 S.7"Street, Ste. 410 San Jose California 95112
Telephone number: Fax Number: Project Manager E-mail Address:
408.578.9519 N/A bev@rebuildingtogethersv.org
Name of Project/Program:
Housing Repair Program
Project/Program Location:
City-wide
Program Description:
Rebuilding Together Silicon Valley (RTSV) will provide home safety repairs and mobility and accessibility
improvements for seven or more homes and/or community facilities (7 unduplicated addresses)for very low-income
people in Cupertino in 15/16,with the primary consideration being the correction of safety hazards. All work is at no
cost to the clients and can include: wheelchair ramps, grab bars, railings, improved lighting installations, stair and
step modifications for walkers, bath chairs, hand held shower adapters, tub cut outs, door handle and faucet
replacement for accessibility, smoke alarms, door, window and lock repairs, roof repairs and replacement, interior
and exterior painting,yard cleanup,minor plumbing repairs,minor electrical repairs, appliance replacement,flooring
(linoleum, carpet, or tile) repairs and replacement, heating installation and repairs,,outdoor lighting and fencing
improvements for safety, elimination of tripping hazards,replacement and/or repair of windows,earthquake proofing
of water heaters. We improve the safety of the living environment by fixing hazardous conditions.
Each October and April, groups of volunteers armed with paintbrushes, saws, hammers and shovels join together
over one or two Saturdays to repair and rebuild homes and community facilities, dedicating their time in the spirit of
service and community during Rebuilding Day Projects. Throughout the year,the Safe At Home program leverages
skilled volunteers that wish to contribute on a weekly basis, by providing home modifications and minor safety
repairs. Rebuilding Together employs a Repair Technician to augment and supervise volunteer efforts to address
critical safety,accessibility and energy efficiency repairs and improvements throughout the year.
The Safe At Home program also completes critical and urgent repairs such as hot water heaters replacements,
heating restorations and urgent plumbing repairs utilizing independent contractors and the Rebuilding Together
Repair Technician. Rebuilding Together program staff schedule and coordinate all repair work utilizing either
volunteers or skilled trade contractors.
Page 3 of 17
FY 2015-16 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract Amendment
EXMIT B
PROJECT WORK PLAN
FY 2015/16
AGENCY NAME: Rebuilding Together Silicon Valley
PROJECT NAME: Housing Repair Program
i Fl..11 llbie�crve�
Limited Clientele(LMC)
Rebuilding Together will repair owner occupied housing units for extremely,very, and low-income homeowners
who are often seniors and/or families with disabled family members. All work is completed at n6 cost to the client.
Repairs remediate health and safety issues in the home,necessary for the owner to continue living there:This project
will service residents from the entire City of Cupertino. 100% of RTSV clients have incomes 80% or less of the
median income.
2015-2016 2015-2016
Proposed Proposed
Cuperfino Total cupertino;: Total
Extremely Low _ Youth (0-18
Income 3
ears)
ery Low.'Income2 " Adults (19.-62 2 "
(31%0 50°Io AMI) ears)
Lowlncome eniors(63+
S
(51%-80% AMI) 2 . ears) S
Moderate;,lnco,me otal All A es 7 0
(81%-.120% AMI) g
Income oderate Disabled 2
(120%0+ AMI)
Individuals
Total All 7 0 Other Special 1
Incomes Needs
Page 4-of 17..
FY 2015-16 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract Amendment r
EXHIBIT C
PROJECT IMPLEMENTATION TIMELINE SCHEDULE
FY 2015/16
AGENCY NAME: Rebuilding Together Silicon Valley
PROJECT NAME: Housing Repair Program
Activity Number & Description:
Activity 1st 2nd 3rd 4th Annual
Quarter Quarter QuarteQuarte
Homes completed with repairs 1 2 2 2 7
Page 5 of 17
FY 2015-16 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract Amendment
EXHIBIT D
PROJECT BUDGET
FY=2015/16
Agency Name: Rebuilding Together Silicon Valley
Project Name: Housing Repair Program
2015-2016
Proposed Project Expenses CDBG
Request
Salaries/Benefits/Pajiroll/Taxes $12,400
Office Supplies $0
Communication $0
Publications/Printing/Advertising $700
Travel $0
Rent/Lease/Mortgage $3,300
Utilities $400
Insurance $1000
Equipment Rental/Maintenance $0
Audit/Legal/Professional Services (for CDBG $0
portion only)
Direct Services (Funding for specific service such $30,500
as a meal, ride)
Contracted Services $12,000
Other
Total Expenses $60,300.00
Page 6 6f.17
FY 2015-16 Rebuilding Together Silicon Valley,CDBG City/Non-Profit.Contract Amendment
EXHIBIT E
BASIC INSURANCE AND BOND REQUIREMENTS FOR
NON-PROFIT CONTRACTS
Definition of Contractor: The "Contractor" as the 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 Program (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.
Indemni
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 this 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 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. 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 the coverage as required. In
addition, a certified copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the address as shown on the City's Certificate of Insurance form
and to the Housing and Community Development Program at the address set forth in this Contract at Section
VT. 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 Cancellation of Reduction of Coverage
All policies shall contain a special provision for thirty (30) days prior written notice of any
cancellation or reduction in coverage to be sent to the Community Development Department, 10300
Torre Avenue,Cupertino, CA 95014.
C. Qualifying 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 VIII, according to the current Best's Key Rating Guide, unless
otherwise approved by the City's Insurance Manager.
Page 7 of 17
FY 2015-16 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract Amendment
D. Insurance Required
I. 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 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 Contract.
d. Personal Injury liability.
e. Independent Contractors',(Protective)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 Endorsement
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
Page 8of17
FY 2015-16 Rebuilding Together Silicon Valley CD B.G City/Non-1 roht-Contract Amendment
Such insurance as is afforded,by the additional insured endorsement shall apply as primary insurance,
and other insurance 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 Endorsement:
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.
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. Worker's 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 insured's, 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.
Page 9 of 17
FY 2015-16 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract Amendment
The City must first approve any exceptions to the above requirements.
8. Bond Requirements
Fidelity Bond -Before receiving_compgnsation 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.ofAT.LEAST-'fifteen percent(15%) of.-
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 offthe City. ..
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 Cityor its insurance consultant(s)
are not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Contractor.pursuant to this 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 1,0 of 1-7
FY 2015-16 Rebuilding Together Silieon Valley CDBG City/Non Profit Contract Amendment
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 Program(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 parry 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 Coverage
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 Coverage
All policies shall contain a special provision for thirty (30) days prior written notice of any cancellation or
reduction in coverage to be sent to the Community Development Department as stated above, and the
Contractor at the following address:
Rebuilding Together Silicon Valley
1701 S. 7t' Street, Ste. #10
San Jose, California 95112
C. Qualifying Insurers
Page 11 of 17
FY 2015-16 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract Amendment
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:;
b. 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;
C. An admitted surety insurer which complies with the provisions of the Code of Civil Procedure,
Section 995._660*;
OR
3. ,r 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 and 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
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, 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:.
r: 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
'California Code of Civil Procedure Section 995.660 in summary-§tates that an'adniitted surety' mu"sfprovide: 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 Certificate of Authority has not been surrendered,revoked,canceled,annulled or suspended,4)a financial statement showing the assets and liabilities
of the insurer at the end of the quarter calendar year,prior to 30 days next preceding the date of the execution of the bond.
Page,12 of 17
FY 2015-16 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract Amendment
date. If over 50% of the aggregate limits have been paid or reserved, the City may require additional
coverage to be purchased 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 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 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 writtennotice 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. Worker's Compensation and Employer's Liability Insurance for:
a. Statutory California Workers' Compensation coverage including a broad form all-states
endorsement.
Page 13 of 17
FY 2015-16 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract Amendment
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 following:
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.F, 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 determined,from the prices in the bid form, and shall insure to
the benefit of persons-performing-
la or or furnishing inaterials 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
. ,
..
r
C. The"performance bond."shall be in an amount�of one hundred percent(100%o),of the Contract
price as determined from the prices, in the-bid form. and shall insure the faithful
performance by Contractor,of all.workunder: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
given Contractor'to that effect, and Contractor shall forthwith substitute a new surety or
Page 14 of.17
FY 2015-16 Rebuilding Together Silicon Valley CDBG City/Non Profit Contract Amendment
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 as 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 pursuant 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.
EXHBIT F
ASSURANCES
CORPORATION hereby assures and certifies that it will comply with all regulations, policies, guidelines and
requirements applicable to the acceptance and use of Federal funds for this Federally-assisted program and will
be responsible for implementing and complying with all relevant future changes to Federal Regulations or
OMB Circulars. Specifically CORPORATION gives assurances and certifies with respect to the PROGRAM
that it is in compliance with the following Regulations as defined by 24 CFR, Part 570, Subpart J; 24 CFR,
Part 570, Subpart K; and will be conducted and administered in 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 11063 are contained in 24 CFR,Part 107; Title VI of the Civil Rights
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 1973;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.
Page 15 of 17
FY 2015-16 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract Amendment
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 (Common Rule),and OMB Circulars A-110(Grants and Agreements with Non-Profit
Organizations),A-122,(Cost Principles forNon-Profits), A-128 (Audits of State and Local
Governments-implemented at 24 CFR,Part 24), and A-133 (Audits of Institutions of Higher Education
and Other Non-Profit Institutions),as applicable, as they relate to the acceptance and use of Federal
funds under this part. The applicable sections of 24 CFR,Part 85 and OMB Circular A-100 are set.
forth at 570.502.
11. 570.611. Conflict of Interest.
12. 570.612. Executive Order 12372 allows States to establish its own process for review and comment
on-proposed Federal financial assistance programs, specifically the use of CDBG funds for the
construction or planning of water or sewer facilities.
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;theirequirements of the ArchitecturatRarriers Act of 1968 (42 U.S:C.:4151=4157) and the
applicable requirements of Title lI andlo_r Title III of ft Americans with Disabilities Act of 1990 (42
USC 12'131.et s�),the requirements of Section 504 of the Rehabilitation Act..41973,(29 U.S,C,
79,.4);and-;fed, al regulations-issued pursuant thereto.
15. Drug-
Free Work Place. The requirements of the.Drug Free Workplace Act of 1988 (R.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 Constitutionregarding. church/state
principles and the:apphcable constitutional prohibitions`set forth in 24 C.F R Se..ction 570:2000).
17. F16 d[Disaster Protection The FloodyDisaster Protection Act of..1973,(P.L93 234) No portion of
the assistance provided under this Agreement is approved for acquisition:or construction purposes as
defined under Section 3(a)of said Act,for use in an area 1 entified:by HUD as having special flood
hazards which:is located in a community not then m compliance with the 'requirements.for
participation m the national flood insurance program pursuant to Section 201(d)of said Act The use
of any assistance provided undq..this Agreement for such acquisition or construction in such identified
areas m communities then participatmg,m the national flood;insurance program is subject to the
mandatory purchase of flood insurance°requirements`of Section 102(a) of,sai'd'.' Any„contract or.
Agreementi`for the-sale, lease, or other transfer.of land acquired, cleared or'improved with assistance
provided under this Agreement;s to contain certain provisions These provisions.will:- pply if such
land is located m an area:identified by HUD as having special flood hazards an in whchahe sale of
.Page 16 of
FY
516 Rebuilding4Togetfier Silicon Valley CDBG City/Non Profit Contract Amendment .> ,
flood insurance has been made available under the National Flood Insurance Act of 1968, as amended,
42 U.S.C. 4001 et seq. These provisions obligate the transferee and its successors or assigns to obtain
and maintain, during the ownership of such land, such flood insurance as required with respect to
financial assistance for acquisition or construction purposes under-Section 102(s)of the Flood
Disaster Protection Act of 1973. Such provisions are required notwithstanding the fact that the
construction on such land is not itself funded with assistance provided under this Agreement.
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 funds, including but not limited to HUD regulations as may be
promulgated regarding subrecipients.
Page 17 of 17
FY 2015-16 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract Amendment
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
TELEPHONE:(408) 777-3223• FAX: (408)777-3366
C U P E RT Q N® WEBSITE:www.cupoitino.org
June 11, 2014
Rebuilding Together Silicon Valley
1701 S. 7th Street, Ste. #110
San Jose, CA 95112
Re: Community Development Block Grant I;('-DBG) Program City/Non-Profit Public
Service Contract.
A fully executed copy of the agreement 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 BLOCK GRANT (CDBG) PROGRAM
CITY/NON-PROFIT PUBLIC SERVICE CONTRACT
�=r�>W¢-IS_'
THIS Community Development Block Girant Program City/Non-Profit Pub 1<c ervice
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 � A.— .���
/P-29
REBUILDING TOGETHER SILICON VALLEY
a non-profit public benefit corporation(hereinafter"CORPORATION"). The allocation of funds
pursuant to this Contract will be a grant. CITY approved the allocation and disbursement of
Community Development Block Grant(hereinafter"CDBG") funds to CORPORATION on
April 15, 2014.
WITNES'SETH
WHEREAS, CITY has applied for and received CDBG Entitlement Program funds
(hereinafter"PROGRAM") from the United States Department of Housing and Urban
Development(hereinafter"HUD") as an entitlel:nent 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, as a subrecipient for
eligible public service activities, of a portion of CITY'S CDBG entitlement for the Program 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 Program;
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 applicable NEPA enviroiunental review for the
activities proposed to be undertaken under this (Contract prior to the release of any portion of the
CDBG Grant. CITY anticipates that the project will be categorically excluded according to 24
Code of Federal Regulations Section 58.35(a)(3)(i).
NOW, THEREFORE, the parties agree as follows;
I. PROGRAM
CITY agrees to allocate a portion of its current CDBG entitlement, and/or program
income as defined in 24 CFR 570 Subpart J, "Grant Administration," to CORPORATION as a
subrecipient,being the sum of Fifty Seven Thousand Dollars and No Cents ($57,000.00) for
the purpose of implementing the CORPORAT-ION'S program (hereinafter"Program"), as more
Page: 1 of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract
particularly described in numerous exhibits marked as noted herein, attached to this Contract,
incorporated by this reference, as though fully s(-It: forth, as follows: Exhibit"A" (Program
Description), Exhibit"B" (Program Work Plan), Exhibit "C" (Proposed Implementation Time
Schedule), Exhibit"D" (Program Budget), Exhibit"E" (Insurance and Bond Requirements),
Exhibit"F" (Assurances), Exhibit"G" (Program Guidelines).
II. TERM
A. The purpose of this Contract is for the CITY to disburse CDBG funds for eligible
activities to, including minor home repairs, mobility and accessibility improvements, and
removal of safety hazards at no cost to the very-low and low income homeowners in the CITY.
Unless amended prior to its expiration, the term 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 tern of the expenditure 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:
June 30, 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.
III. SECOND YEAR RENEWAL OPTIONS
The tern of this Contract may be extended by an amendment to disburse the CITY'S CDBG
funds authorized by HUD for the fiscal year subsequent to the initial tenn of this Contract,
contingent on the following requirements and process:
A. Receipt of written authorization by CIT`.t' from the U.S. Department of Housing and
Community Development (HUD) to expend funds for the purposes of this Contract;
B. CITY'S appropriation of funds for this Program;
C. CORPORATION'S satisfactory performance, as determined by the CITY, of all its
obligations as stated in this Contract;
D. Submission to CITY of Proof of Insurance.
IV. 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;
Page 2 of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract
C) Documentation of its Internal Revenue Service non-profit status;
d) Names and addresses of the current Board of Directors of
CORPORATION; and
e) An adopted copy of CORPORATION'S personnel policies and
procedures.
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, personnel policies and procedures, 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.
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 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
performance of the CORPORATION's obligations have been duly authorized by the
CORPORATION
B. Program Performance by CORPORATION. CORPORATION shall:
1. Conduct the PROGRAM within the City of Cupertino, for the purpose of
benefiting low and very low-income households.
2. File quarterly reports as required by CITY on the type and number of services
rendered through the operation of the PROGRAM, and a description of the beneficiaries
of these services, and which reports will evaluate the manner in which the PROGRAM 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 community cooperation and to avoid unnecessary duplication of
services.
Page 3 of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit.Contract
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 Hof CITY funding and support on
CORPORATION stationery and on all appropriate program-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.
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 ,md binding upon the CITY, the
CORPORATION, and any sub-recipients. Failure to fulfill these requirements shall
subject the CITY, the CORPORATION, and any sub-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 these "Section 3"requirements and to
include the following language in all subcontracts executed under this Contract (the
"Section 3 Clause"):
"The work to be perfonned under the Contract is a program 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 program area and agreements for
work in connection with the program be awarded to business concerns which are located
in, or owned in substantial part by persons residing in, the areas of the program.
The parties to this contract agree to comip y 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 contractor's
Page 4 of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract
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 oil the subcontract or in this Section 3 clause, upon
a finding that the subcontractor is in violation of the regulations in 24 C.F.R. Part 135.
The contractor will not subcontract with any subcontractor where the contractor has
notice or knowledge that the subcontractor has been found in violation of the regulations
in 24 C.F.R. Part 135.
The contractor will certify that 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 sanctions,
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 workerso 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
Page 5 of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract
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 Responsibilities of CORPORATION. CORPORATION will:
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, and with the
following Attachments to OMB Circular A-110:"
a) Attachment A,."Cash Depositories," except for paragraph 4 concerning
deposit insurance;
b) Attaclunent B, `Bonding and Insurance;"
c) Attachment C, "Retention and Custodial Requirements for Records", except
that in lieu of the provisions in paragraph 4, the retention period for records
pertaining to individual CDBG activities starts from the date of submission of the
annual perfonnance and evaluation report, as prescribed in 570.507, in which the
specific activity is reported on for the final time;
d) Attaclunent F, "Standards for Financial Management Systems;"
e) Attachment H, "Monitoring and Reporting Program Performance,"
paragraph 2;
Page 6 of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract
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 PROGRAM or
will be retained after compensating the recipient; and
g) Attachment O, "Procurement: Standards."
3. 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.
4. Document all PROGRAM casts by maintaining records in accordance with
Section III, Paragraph D below.
5. Submit to the CITY, based one an agreed upon schedule, a request for payment,
together with all supporting documentatlion. Invoices requesting disbursements submitted
after the expiration of the Contract will be honored only for eligible charges incurred
during the Contract tern. All invoices must be submitted by the Contract expiration date
or within such other time period specified by the CITY for this Contract tenn. Funds not
disbursed will be returned to the Competitive Housing Pool for future reallocation.
6. Certify current and continuous insurance coverage, subject to CITY approval
and in accordance with requirements as outlined in Exhibit E, "Insurance and Bond
Requirements."
7. Items 1) through 6) 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.
8. 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-122, "Cost Principles for Non-
Profit Organizations."
D. Establishment and Maintenance of Records. CORPORATION shall:
Page 7 of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract
1. In compliance with all HUD records and accounting requirements including
but not limited to those set forth in 24 CFR 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 avid 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 PROGRAM; (b)
each activity undertaken under the PROGRAM meets one of the national objectives of
the CDBG program set forth in 24 CFR :570.208; (c) compliance with fair housing and
equal opportunity requirements; (d) compliance with Subpart K of 24 CFR 570 and 24
CFR 508; and (e) all other matters covered by this Contract.
2. Maintain client data demonstrating client eligibility for services provided for
the Program. Such data will include,but not be limited to, client name, address, income
level 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. CORPORATION 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 tenninated, the records relating to the
work tenninated will be preserved and made available for a period of five years from the
date of tennination.
F. Examination of Records and Facilities. At anytime during normal business-hours, and as
often as may be deemed necessary, CORPORA'T'ION agrees that HUD and the CITY, and/or any
duly authorized representatives may 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 perfonnance of this Contract or the operation of the PROGRAM,
and all its records with respect to the PROGRAiVI 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 excerpts or transactions of and from, such records and to make
audits of all contracts and subcontracts, invoices, payrolls, records of personnel, conditions of
employment, materials and all other data relating to the PROGRAM and matters covered by this
Contract. 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
Page 8 of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract
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
tennination of this Contract may occur if the CORPORATION materially fails to comply with
any tern of the award, and that the award may be terminated.for convenience in accordance with
24 CFR 85.44.
I. Reversion of Assets. Upon expiration or termination of this Contract, or in the event
HUD cancels the PROGRAM for any reason, the CORPORATION will transfer to the CITY 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 (including 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 best oil 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 officel1-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 1.-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 offialr 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 Fonn-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 Agreement was made or entered into. Submission of this certification is a
prerequisite for making or entering into ILhis Agreement imposed by Section 1352, Title
Page 9 of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profiit Conti-act
31, U.S. Code. Any person who fails to file the required certification 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) f)r such failure.
K. Except for approved eligible administrative or persolulel 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
exercise due diligence to ensure that the prohibition in this Section IV.K is followed.
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 and the Political Refonn Act, Govenunent
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 snake
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,
Govenunent Code section 87100 et seq., its implementing regulations manual and codes, and
Govermnent Code section 1090.
CORPORATION shall comply with the conflict:of interest provisions set forth in 24 C.F.R.
Section 570.611.
V. OBLIGATIONS OF CITY
A. Method of Payment. During the tern 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 PROGRAM, not to exceed the total sum of
Fifty-Seven Thousand Dollars and No Cents (` 57,000.00). CITY may, at any time in its
absolute discretion, elect to suspend or tenninate 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, ("Program 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
Page 10 of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Conti-act
of the grant to CITY made pursuant to the Housing and Community Development Act of 1974,
as amended.
VI. PROGRAM COORDINATION
A. CITY. The CITY Executive will assign a single DIRECTOR for CITY who will render
overall supervision of the progress and perfonmance 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 Beverley
Jackson to serve as EXECUTIVE DIRECTOR and to assume overall responsibility for the
progress and execution of this Contract. The CITY will be immediately notified in writing of the
appointment of a new EXECUTIVE DIRECTOR.
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 95 014
CORPORATION: Attn: Executive Director
Rebuilding Together Silicon Valley
1701 S. 7111 Street, Ste. #10
San Jose, CA 95112
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 section.
VII. CONTRACT COMPLIANCE
A. Monitoring and Evaluation of Services. Evaluation and monitoring of the PROGRAM
performance is the mutual responsibility of both.CITY and CORPORATION. CORPORATION
must furnish all data,,statements, records, infoniaation and reports necessary for DIRECTOR to
monitor, review and evaluate the perfonmance of the PROGRAM 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 CORPORA.,TION fails to comply with any provision of this
Contract; CITY will have the right to require corrective action to enforce compliance with such
Page 11 of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract
provision as well as the right to suspend or term-irlate 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 PROGRAM.
2. If there is pending litigation with respect to the performance by CORPORATION if
any of its duties or obligations under thin Contract, which may materially jeopardize or
adversely affect the undertaking of or the carrying out of the PROGRAM.
3. I.f CORPORATION has taken any action pertaining to the PROGRAM, 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 ("Program Work
Plan").
C. Corrective Action Procedure. CITY, in-its absolute discretion and in lieu of irnrnediately
terminating this Contract upon occurrence or discovery of noncompliance by CORPORATION
pursuant to this Contract, will have the right to live 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 fonnulating 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 the 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
tenninate this Contract as set forth in Section VII below.
VIII. TERMINATION
A. Termination for Cause. CITY may tenninate 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; 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
Program as described in the attached Exhibits. The date of tennination will be as specified in the
notice.
Page 12 of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract
B. Termination for Convenience. In addition to the CITY'S right to tenninate for cause set
forth in Section VI, either CITY or CORPORATION may suspend or terminate this Contract for
any reason by giving thirty(30) days prior written notice to the other party. Upon receipt of such
notice, perfonnance of the services hereunder will be immediately discontinued.
C. hl the event that this Contract is tenninated, CORPORATON may be required to return
funds according to HUD regulations.
D. Upon terinination of this Contract, CORPORATION must iininediately provide CITY
access to all documents, records, payroll, minutes of meetings, correspondence and all other data
pertaining to the CDBG entitlement fund granted to CORPORATION pursuant to this Contract.
IX. 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 (Program Income), and _570.505 (Use of Real Property), with regards to
the use and disposal of Real or Personal Property purchased in whole, or in part, with CDBG
funds.
In addition, 24 CFR Part 85 (the Conunon 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 Subrecipiemts), 570.505 (Use of Real Property), and
570.504 (Program Income).
B. Security Document. As a condition precedent to CITY loaning funds for the purchase of
real property or an option to purchase real property, CORPORATION will prepare and execute a
loan agreement, promissory note, deed of trust and such other contracts restricting the use of said
real property for purposes consistent with this Contract, HUD and CDBG requirements.
Page 13 of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Conti-act
C. Grants. If a grant is provided for the acquisition of real property, CORPORATION will
continually operate its Program for a minimum I")eriod of six (6) years from the effective date of
this Contract. This obligation will survive the tf;rm of this Contract, the assigmnent 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 Program versus the actual duration of operation
and; the appreciated value.
D. Relocation, Acquisition, and Displacement. CORPORATION agrees to comply with 24
CFR 570.606 relating to the acquisition and disposition of all real property utilizing CDBG
funds, and to the displacement of persons, businesses, and non-profit organizations as a direct
result of any acquisition of real property utilizing CDBG funds. CORPORATION agrees to
comply with applicable state laws, City Ordinances, Resolutions, and Policies concerning
displacement of individuals from their residences.
X. PROGRAM INCOME
Income generated by the Program, 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 pennitted 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.
XI. 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.
XII. ASSIGNABILITY
A. CITY is entering into this Contract based on the experience, skill, and ability to perform
of the CORPORATION. The CORPORATION 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 perfonned hereunder may be assigned, delegated or subcontracted to third parties
without the prior written approval of CITY, which the CITY may withhold in its sole discretion.
Page 14 of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract
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 assignment, 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.
XIII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION
CORPORATION agrees to maintain client records consistent with applicable laws regarding
personal privacy and obligations of confidentiality.
XIV. MOLD I4ARMLESS
In addition to the indemnity obligations set forth in Exhibit E, "Insurance and Bond
Requirements," CORPORATION will indemnify and hold hannless 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 CORPORATION's Program to comply with
applicable laws, ordinances, codes, regulations clnd decrees, including without limitation those
set forth in Exhibit E, "Certifications."
XV. WAIVER OF RIG11ITS 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 CORPORATION by CITY in any way constitute a
waiver by CITY of its rights to recover from CORPORATION the amount of money paid to
CORPORATION on any item, which is not eligible for payment under the PROGRAM or this
Contract.
XVI. 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 Rights
Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of
1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code
sections 12900 et seq.); and California Labor Cade sections 1101 and 1102. CORPORATION
will not discriminate against any subcontractor, employee, or applicant for employment because
of age, race, color, national origin, ancestry, religion, sex/gender, sexual.orientation, mental
disability,physical disability, medical condition, political beliefs, organizational affiliations, or
Page 15 of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract
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 Program.
XVII. AMENDMENTS
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.
XVIII. 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 employee 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.
XIX. MISCELLANEOUS
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 explain, modify,
amplify or aid in the interpretation, construction or meaning of the provisions of this Contract.
B. Exhibits. All Exhibits attached hereto and referred to in this Contract are incorporated
herein by this reference as if set forth fully herein. Exhibits are as follows: Exhibit"A" (Program
Description), Exhibit"B" (Program Work Plan)., Exhibit"C" (Proposed Implementation Time
Schedule), Exhibit "D" (Program Budget), Exhibit "E" (Insurance Requirements), Exhibit"F"
(Assurances), Exhibit "G" (Program Guidelines).
C. Conflict of Interest. In accordance with Government Code Section 1090 and the Political
Reforn Act, Government Code Section 87100 e-t sue., except for approved eligible
administrative or personnel costs, no person who is an employee, agent, consultant, officer, or
any immediate family member of such person, or any elected or appointed 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.
Page 16 of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract
Further, no person who is a director, officer, partner, trustee or employee or consultant of the
CORPORATION, or immediate family member of any of the preceding, shall 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 the 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.
D. Interpretation. Each party 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..
Page 17 of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit 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.
CORPORATION: CITY:
Rebuilding Together Silicon Valley, City of Cupertino, a municipal
a nonprofit public benefit corporation a municipal corporation
P
B 3evedewBy: 4 Jr f r�
Y. i
(Print name) (Print name)
Chcl��
Beverley Jackson/ Date David Brandt Date
Executive Director City Manager
APPROVED AS TO FORM AND ATTEST:
LEGALITY:
ILLIlq
Carol Korade ate loop Grace Schmidt U Date
City Attorney City Clerk
WO 0 U0
Page 18 of 18
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract
EXH][BIT A
PROGRAM DESCRIPTION
Agency Name: DUNS#:
Rebuilding Together Silicon Valley _ 017547055
Executive Director: Project Manager: Project#(For Office Use Only)
Beverley Jackson Beverley Jackson_ CDBG 2014-5
Street Address: City: State: Zip Code:
1701 S. 7 Ih Street, Ste. #10 San Jose _ CA :195112
Telephone number: Fax Number: Project Manager E-mail Address:
408-578-9519 N/A bev @rebuildingtogethersv.org
Name of Project/Program:
Rebuilding Housing Repair and Rehabilitation Program _
Project/Program Location:
City-wide
Project Description:
Rebuilding Together Silicon Valley(RTSV)will provide Home safety repairs and mobility and accessibility
improvements for five or more homes(6 unduplicated beneficiaries)for very low-income people in Cupertino in
14/15,with the primary consideration being the correction of safety hazards.All work is at no cost to the clients and
can include: wheelchair ramps,grab bars,railings,improved lighting installations,stair and step modifications for
walkers,bath chairs,hand held shower adapters,tub cut onts,door handle and faucet replacement for accessibility,
smoke alarms,door,window and lock repairs,roof repairs and replacement,interior and exterior painting,yard
cleanup,minor plumbing repairs,minor electrical repairs, appliance replacement,flooring(linoleum,carpet,or tile)
repairs and replacement,heating installation and repairs,outdoor lighting'and fencing improvements for safety,
elimination of tripping hazards,replacement and/or repair of windows,earthquake proofing of water heaters.We
improve the safety of the living environment by fixing hazardous conditions.
Each October and April,groups of volunteers armed with paintbrushes, saws,hammers and shovels join together over
one or two Saturdays to repair and rebuild homes and community facilities,dedicating their time in the spirit of
service and community during Rebuilding Day Projects. Throughout the year,the Safe At Home program leverages
skilled volunteers that wish to contribute on a weekly basis,,by providing home modifications and minor safety
repairs.Rebuilding Together employs a Repair Technician.to augment and supervise volunteer efforts to address
critical safety,accessibility and energy efficiency repairs and improvements throughout the year.
The Safe At Home program also completes critical and urf;ent repairs such as hot water heaters replacements,heating
restorations and urgent plumbing repairs utilizing independent contractors and the Rebuilding Together Repair
Technician.Rebuilding Together program staff schedule and coordinate all repair work utilizing either volunteers or
skilled trade contractors.
Page 19 of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract
EXHIIBIT B
PROGRAM WORK PLAN
FY 21014/15
AGENCY NAME: Rebuilding Together Silicon Valley
PROJECT NAME Rebuilding Housing Repair and Rehabilitation Program
HUQ National Obecfi�e
Low/Mod Housing (LMH)
Rebuilding Together will repair owner occupied housing units for extremely, very, and low-
income homeowners who are often seniors and/or families with disabled family members. All
work is completed at no cost to the client. Repairs remediate health and safety issues in the home,
necessary for the owner to continue living there. This project will service residents from the
entire City of Cupertino. 100% of RTSV clients have incomes 80% or less of the median income.
2014-2015 2014-2015
Proposed Proposed
a
Cupertino Total Cupertino Total
Extremely Low Youth (0-18
Income 2 years)
0%-30%AMI
• v
Very Low Income Adults (19=62
(31%-50% AMI 2 years) 2
Low Income 2 Seniors (6.�')i- 4
(51%-80%AMI ears
Moderate Income e
81%-120% AMI Total All Ages 6 0
Above Moderate
Income Disabled 3
120%+AMI Individuals
Total All Incomes 6 0 Other Special 1
Needs
Page 20 of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract
EXHIBIT C
PROPOSED IMPLEMENTATION TIMELINE SCHEDULE
FY 2014/15
AGENCY NAME: Rebuilding Together Silicon Valley
PROJECT NAME Rebuilding Housing Repair and Rehabilitation Program
Activity 1st 2nd 3rd 4th Annual
0
Quarter Quarter Quarter Quarter
Homes completed with repairs 1 2 2 1 6
Page 2]. of 37
FY 2014=15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract
EXHIBIT D
PROGRAM BUDGET
FY 20114/15
AGENCY NAME: Rebuilding Together Silicon Valley
PROJECT NAME Rebuilding Housing Repair and Rehabilitation Program
2014-2015
Proposed Project Expenses CDBG
0
Request
Salaries/Benefits/Pa roll/Taxes $8,213
Office Supplies o $0
0
Communication $0
Publications/Printing/Advertising _ $510
Travel e $0
Rent/Lease/Mortgage o $3,000
Utilities _ $300
0
Insurance $500
0
Equipment Rental/Maintenance $0
a
Audit/Legal/Professional Services (for CDBG portion only) $0
Direct Services (Funding for specific:service such as a $32,47
meal, ride
0
Contracted Services $12,000
Other
a
Total Expenses $57,000
Page 22 of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract
EXHIBIT E
BASIC INSURANCE AND BOND REQUIREMENTS FOR
NON-PROFIT CONTRACTS
Definition of Contractor: The "Contractor" as the 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 Program (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.-
Indemnity
The Contractor shall indemnify, defend, and held harmless the City of Cupertino (hereinafter
"city"), its officers, agents and employees from arly 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 tenn of this Contract, or as may be further required
herein, the following insurance coverages and previsions:
A. Evidence of Coverage
Prior to commencement of this Contract, the Contractor shall provide on the City's own fonn or a
fonn approved by the City's Insurance Manager 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. 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 fonn if they provide the coverage as required. In addition, a certified
copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the address as shown on the City's Certificate of
Insurance fonn and to the Housing and Community Development Program at the address set
forth in this Contract at Section VI. PROGRM,1. 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 Cancellation of Reduction of Coverage
Page 2:3 of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/NTTon-Profit Contract
All policies shall contain a special provision ]-or thirty (30) days prior written notice of any
cancellation or reduction in coverage to be seat to the Community Development Department,
10300 Torre Avenue, Cupertino, CA 95014.
C. Qualifying 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 `IIII, 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 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 - $2,000,0100
C. Products/Completed Operations- 11')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 Contract.
d. Personal Injury liability.
Page 24 of 37
FY 2014-15 Rebuilding Together-Silicon Valley CDBG City/Non-Profit Contract
e. Independent Contractors' (Protect;ive) 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 Endorsement:
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 insurance 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 Endorsement:
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.
5. Comprehensive Automobile Liability Insurance for bodily injury (including death) and
property damage which provides total limits of not less than one million dollars
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FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract
($1,000,000) combined single limit per occurrence applicable to all owned, non-owned
and hired vehicles.
6. Worker's 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.
9. Special Provisions
The following provisions shall apply to this Contract:
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FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit 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 constiltant(s) are not ir.ltended to and shall not in any maiuler 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.
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FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit 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 Program (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 1.rom any loss, liability, claim, injury or damage
arising out of, or in connection with perfonnance 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 hannless 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 Coverage
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 Coverage
All policies shall contain a special provision fDr thirty (30) days prior written notice of any
cancellation or reduction in coverage to be sent to the Community Development Department as
stated above, and the Contractor at the following address:
Page 28,of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City%Non-Profit Contract
Rebuilding Together Silicon Valley
2827 Aiello Drive
San Jose, ACA 95111
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, perfonr1ance 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 Poore (S&P)rating of A;
2. An admitted surety insurer which complies with the provisions of the
Code of Civil Procedure, c>ection 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 and 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, �',ection 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.
D. Insurance Required
1. Comprehensive General Liability hisurance - 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.
*California Code of Civil Procedure Section 995.660 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 Certificate of Authority has not been surrendered, revoked, canceled,
annulled or suspended;4)a financial statement showing the assets and liabilities of the insurer at the end of the quarter calendar year,prior to 30
days next preceding the date of the execution of the bond.
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FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contmct
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- ',51,000,000 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 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 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 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.
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FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit-Contract
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 Addenduln.
d. Severability of hiterest Endorsement:
The insurance afforded by this policy shall apply separately to each insured who is
seeking coverage or against wham 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. Worker's Compensation and Employer's Liability Insurance for:
a. Statutory California Workers' Col:npensation coverage including a broad fonn all-
states endorsement.
b. Employer's Liability coverage fo;r 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 simillar 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 following:
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 ,Dr manufacture or finished, including "in transit"
coverage to the final agreed upol:i 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.
Page 3 ii of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract _.
e. The deductible shall not exceed ►1,000 per occurrence unless otherwise approved
by the City and shall be bonne by the Contractor.
f. If the construction contractor fails to maintain such insurance as is called for
herein, the City shall have caus(-, 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 determined from the prices in
the bid fonn, and shall insure to the benefit of persons perfonning labor or
furnishing materials in connection with the work of the proposed Contract. This
bond shall be maintained in full i:orce 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 "perfonnance bond" shall be in an amount of one hundred percent (100%) of
the Contract price as detenmined from the prices in the bid form. and shall insure
the faithful performance by Contractor of all work under the Contract. It shall also
insure the replacing of, or making acceptable, any defective materials or faulty
workmanship.
Should any surety or sureties be deemed unsatisfactory at any time by the City
notice will be given Contractor to that effect, and Contractor shall forthwith
substitute a new surety or 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 -as to the types and limits of insurance coverage
to be maintained by the General and any approval of said insurance by the City or
Page 32 of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract
the Contractor are not intended to and shall not in any manner limit or qualify the
liabilities and obligations otherwise assumed by the General pursuant 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 th,e 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 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract
EXHIBIT E
ASSURANCES
CORPORATION hereby assures and certifies that.it will comply with all regulations, policies,
guidelines and requirements applicable to the acceptance and use of Federal funds for this
Federally-assisted program and will be responsible for implementing and complying with all
relevant future changes to Federal Regulations or OMB Circulars. Specifically CORPORATION
gives assurances and certifies with respect to the PROGRAM that it is in compliance with the
following Regulations as defined by 24 CFR, Part 570, Subpart J; 24 CFR, Part 570, Subpart K;
and will be conducted and administered in confo:nnity with"Public Law 88.352 and Public Law
90-284.
1. 570.601. Public Law 88-352 and Public Law 90-284; affinnatively furthering fair
housing; Executive Order 11063, as amended by Executive Order 12259 addresses
discrimination. HUD regulations implelr�[enting Executive Order 11063 are contained in
24 CFR, Part 107; Title VI of the Civil Rights 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 Conununity Development Act of 1974 as amended; Section 504 of the
Rehabilitation Act of 197'3; 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. Enviromnental 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. Unifonn 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 (Common Rule), and OMB Circulars A-110 (Grants
and Agreements with Non-Profit Organizations), A-122 (Cost Principles for Non-Profits),
A-128 (Audits of State and Local Govenvnents-implemented at 24 CFR, Part 24), and A-
133 (Audits of Institutions of Higher Education and Other Non-Profit Institutions), as
Page 34 of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit 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 OMB Circular A-100 are set forth at 570.502.
11. 570.611. Conflict of Interest.
12. 570.612. Executive Order 12372 allows .States to establish its own process for review
and comment on proposed Federal financial assistance programs, specifically the use of
CDBG funds for the construction or planning of water or sewer facilities.
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 seq.), 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 CORPO-RATION 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 Agreement 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 community not
then in compliance with the requirements J or participation in the national flood insurance
program,pursuant to Section 201(d) of said Act. The use of any assistance provided under
this Agreement 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 transfer of land acquired, cleared or
improved with assistance provided under this Agreement is to contain certain provisions.
These provisions will apply if-such land is located in an area identified 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 seq.
These provisions obligate the transferee and its successors or assigns to obtain and
maintain, during the ownership of such land, such flood insurance as required with
respect to financial assistance for acquisition or construction purposes under-Section
102(s) of the Flood Disaster Protection Act of 1973. Such provisions are required
Page 35 of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract
notwithstanding the fact that the construction on such land is not itself funded with
assistance provided under this Agreement.
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 funds, including but not limited to HUD
regulations as may be promulgated regarding subrecipients.
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FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract
EXHIBIT F
PROGRAM GUIDELINES
(See attached Program Guidelines)
Page 37 of 37
FY 2014-15 Rebuilding Together Silicon Valley CDBG City/Non-Profit Contract