17-105 West Valley Community Services, Community Development Block Grant (CDBG) Program City Non-Profit Capital Housing Project Contract (2)SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND WEST VALLEY COMMUNITY SERVICES FOR CDBG CAPITAL
HOUSING PROJECT REHABILITATION AT 10104 VISTA DRIVE
This Second Amendment to the Agreement between the City of Cupertino and West
Valley Community Services, for reference dated November 14 , 2017 , is by and between the
CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and West Valley
Community Services a California non-profit public benefit corporation ("Consultant") whose
address is 10104 Vista Drive , California 95014, and is made with reference to the following:
RECITALS:
A. On July 1, 2017 , an agreement was entered into by and between City and
Consultant (hereinafter "Agreement") for CDBG capital housing project rehabilitation
activities to be performed at the property located at 10104 Vista Drive, Cupertino, CA
95014.
B. On August 9 , 2017, an amendment was entered into by and between City and
Consultant (hereinafter "Amendment") for CDBG capital housing project rehabilitation
activities to be performed at the property located at 10104 Vista Drive, Cupe1iino, CA
95014. The agreement was amended to increase the allocation of CDBG entitlement
and /or program income as defined in 24 CFR 570 Subpart J "Grant Administration" from
One Hundred Fifty-Two Thousand and Eighty-Eight Dollars and Zero Cents
($152,088.00) to One Hundred Seventy-Five Thousand and Eight Hundred and Twelve
Dollars and Fifty-Six Cents ($1 7 5 ,81 2 .56).
C. City and Consultant desire to modify the Agreement on the terms and conditions
set forth here in.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as
follows :
l . Paragraph 1. PROJECT of the Agreement is modified to read as follows:
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 CORPORA Tl ON decreased from
the sum of One Hundred Seventy-Five Thousand and Eight Hundred and Twelve Dollars and
Fifty-Six Cents ($175,812.56) to the sum of One Hundred Sixty-Seven Thousand Eight Hundred
and Twenty-Three Dollars and Twenty Cents ($167 ,823.20) for the purpose of implementing the
CORPORATION 'S PROJECT.
2. The following Exhibits to the Agreement, are amended and replaced to read as shown
in the attachments to this Amendment:
a. Exhibit "A,"-Project Work Plan
b. Exhibit "B,"-Project Budget
3. Except as expressly modified herein, all other ten11S and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the paiiies hereto have caused thi s modification of
Agreement to be executed.
CONSULTf,.N ~
By '1ttv
l ·, .• ... •· . .
CITY OF CUPERTINO
B y \_.~ \-'\v-"5~ ....
T itl e bo../ \::\Q"'-b-'J t'~
D ate '~"'''
EXPENDITURE DISTRIBUTION
PO #2018-137
Original Contract:
Amendment #1 :
Amendment #2:
T otal:
~~~~~PP RO VA L:
Title OJr: f& t(;?/VA~
APPPW:-RM
C it y orn ey
Account: 260-72-709 600-623
$152,088.00
$23 ,724.56
-$7 ,989.36
$167,823.20
Exhibit A
Project Work Plan
CHART A Use this table to l ist activities that benefit a speci fic and measurable number of clients.
Pro ducts or Milestones t o be accomplished Clients For Each Quarter Specific Activities (Use Specific Numerical Data When 1st I 2nd I 3rd I 4th Total Pos sible)
;{epair of six vrnts ., I 11 11 .. !-.:I
Resea! th e p::irl<in9 lot 0 I 01 01 ' 1 '
Total Be n eficia ri es: '.)
Exhibit B
Project Budget
C. Program Budget (Fiscal Year 2017-2018)
Proposed Proiect Expenses
Salaries/Benefits/Payroll/Taxes
Office Supplies
Communication
Publications/Printing/ Advertising
Travel
Rent/Lease/Mortgage
Utilities
Insurance
Equipment Rental/Maintenance
Audit/Legal/Professional Services (for CDBG portion only)
Direct Services (funding for specific service such as a meal, ride)
Contracted Services
Other
Total Expenses
2017-2018
CDBG
Reauest
$15 ,000.00
$12 ,500.00
$3,500 .00
$0.00
$136 ,823 .2
0
$167,823.2
0
FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND WEST VALLEY COMMUNITY SERVICES FOR CDBG CAPITAL
HOUSING PROJECT REHABILITATION AT 10104 VISTA DRIVE
This First Amendment to the Agreement between the City of Cupertino and West Valley
Community Services, for reference dated August 9, 2017, is by and between the CITY OF
CUPERTINO , a municipal corporation (hereinafter "City") and West Valley Community
Services a California non-profit public benefit corporation ("Consultant") whose address is
l O l 04 Vista Drive , California 95014, and is made with reference to the following:
RECITALS:
A. On July 1, 2017, an agreement was entered into by and between City and
Consultant (hereinafter "Agreement") for CDBG capital housing project rehabilitation
activities to be perfo1med at the property located at 10 l 04 Vista Drive, Cupe11ino , CA
95014 .
B. City and Consultant desire to modify the Agreement on the terms and conditions
set forth herein.
NOW, THEREFORE, it is mutually agre ed by and between and undersigned parties as
follows:
l. Paragraph 1. PROJECT of the Agreement is modified to read as follows:
CITY agrees to allocate a p011ion of its cwTent CDBG entitlement, and/or program income as
defined in 24 CFR 570 Subpart J "Grant Administration ," to CORPORATION in the sum of One
Hundred Seventy-Five Thousand Eight Hundred and Twelve Dollars and Fifty-Six Cents
($175 ,812.56) for the purpose of implementing the CORPORATION'S PROJECT ...
2. The following Exhibits to the Agreement, are amended and replaced to read as shown
in the attachments to this Amendment:
a. Exhibit "A,"-Project Work Plan
b. Exhibit "B,"-Project Budget
3 . Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CONSULTANT
By ·-:r.~ l,. k~
Title E j -< c v\., ,· ~ o ,,,. ( c_t,)v
EXPENDITURE DISTRIBUTION
PO #2018-137 Account: 260-72-709 600-623
Original Contract: $152,088.00
Amendment #1 : $23,724 .56
Total: $175,812.56
Specific Activities
R:;~if :;f s:izi.J!J!t,s
Rt3-:e~1 tr e ; .. Mhr,; lot
Exhibit A
Project Work Plan
Products or Mi lestones to be accomplished
(Use Specifi c Numerical Data When Possible)
To tal Be ne fi ciaries :
1st
Clients For Each Quarter
2nd 3rd 4th Total
2 : 2 1 ) ~ .
0 . e ' ., . ·1 ·1
7
Exhibit B
Project Budget
P ropo se d Pwj ec i Expenses
Sa lar ie s /6,e nefits/Pa y ro i!/: axes
Offic e S upplies
Com m u nication
Publ,cations /Pr inli ng/A.d v ertis in g
Rentflease i Mortg age
U tili ties
i nsu r ance
Eq ui pmen t Re n tal/Ma intenance
Au dit/Legal/Pro fes sional Servi ces (for CDBG portion on iy)
Dire.c t Serv ices (F un d ing for s p eci fic servi ce sue h as a 1nea l, rid e )
Contracted Se r-i ces
Ot her
Tota l Expenses
Approved Funding Amount
2017 -2018
COBG Request
s ;:?,50 D
S f 75 .Gi 2
S i 75 8 12
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
CITY/NON-PROFIT CAPITAL HOUSNIG PROJECT CONTRACT
THIS Contract is entered into pursuant to the Catalog of Federal Domestic Assistance (CFDA)
14.218 by and between the CITY OF CUPERTINO, a political subdivision of the State of
California (hereinafter "CITY"), and
WEST VALLEY COMMUNITY SERVICES
a non-profit public benefit corporation (hereinafter "CORPORATION"). The allocation of funds
pursuant to this Contract will be a grant for the purposes of eligible CDBG capital housing
project rehabilitation activities to be performed at the property located at 10104 Vista Drive,
Cupertino, CA 95014 , as more commonly described in Exhibit "I". CITY approved the
allocation and disbursement of Community Development Block Grant (hereinafter "CDBG")
funds to CORPORATION on July 1, 2017.
WITNESS ETH
WHEREAS, CITY has applied for and received CDBG Entitlement program funds (hereinafter
"PROJECT") from the United States Depaitment of Housing and Urban Development
(hereinafter "HUD") as an entitlement jurisdiction pursuant to the provisions of Title 1 of the
Housing and Community Development Act of 1974 , Public Law 93-383 as amended ; and,
WHEREAS , CITY has agreed to the use by CORPORATION, for eligible capital housing
project rehabilitation activities, of a portion of CITY 'S CDBG entitlement for the PROJECT as
described below to be operated within CITY and will benefit low and very low-income
households or meet another National Objective of the CDBG Project;
NOW, THEREFORE, the parties agree as follows;
I. PROJECT
CITY agrees to allocate a po1tion of its current CDBG entitlement, and/or program income as
defined in 24 CFR 570 Subpart J, "Grant Administration," to CORPORATION in the sum of
One Hundred Fifty Two and Eighty Eight Dollars and No Cents ($152,088) for the purpose
of implementing the CORPORATION'S PROJECT, as more particularly described in numerous
exhibits marked as noted herein, attached to this Contract, incorporated by this reference, as
though fully set forth, as follows: Exhibit "A" (Project Description), Exhibit "B" (Project Work
Plan), Exhibit "C" (Proposed Implementation Time Schedule), Exhibit "D" (Project Budget),
Exhibit "E" (Insurance Requirements), Exhibit "F" (Assurances). Exhibit "G" (Project Scope of
Work), Exhibit "H'' (Map of Prope1ty), Exhibit "I" (Legal Description), and Exhibit "J"
(Additional Grant Requirements).
II. TERM
A. The purpose of this Contract is for the CITY to disburse CDBG funds for eligible
capital housing project rehabilitation activities to be perfmmed at the prope1iy located at , as
more commonly described in Exhibit "T". Unless amended prior to its expiration , the tenn of this
Contract for disbursement purposes will begin on July 1, 2017 and will end on June 30, 2018
unless terminated earlier pursuant to Section VI or Section VII of this Contract.
B . The term of the expenditme by CORPORATION of the allocation provided for
herein will begin on July 1, 2017 and terminate on the earliest of the following dates as set forth
herein: June 30, 2018, or later date per amendment to this Contract; or upon the termination dat e
established pursuant to Section VI or Section VII of this Contract.
III. 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:
California;
(a) Its Articles ofincorporation under the laws of the State of
(b)
(c)
(d)
A copy of the current Bylaws of CORPORATION ;
Documentation of its Internal Revenue Service non-profit status;
Names and addre~ses of the cun-ent Board of Directors of
CORPORATION ; and ,
(e)
procedures .
An adopted copy of CORPORATION'S personnel policies and
2. During the Contract term , immediately report any changes, subsequent to
the date of this Contract, in CORPORA Tl ON ' 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.
B . Project Perfonnance by CORPORATION. CORPORATION shall:
1. Conduct the PROJECT within the City of Cupertino, for the purpose of
benefiting low and ve1y low-income households.
2. File quarterly reports as required by CITY on the type and number of
services rendered through the operation of the PROJECT, and a description of the beneficiaries
of these services, and which reports will evaluate the manner in which the PROJECT is
achieving its objectives and goals according to the standards established by CITY. The progress
reports will be due ten days after the close of each reporting period and must cover the three
months immediately preceding the date on which the report is filed.
3. Coordinate its services with other existing organizations providing similar
services in order to foster community cooperation and to avoid unnecessary duplication of
services .
4 . Seek out and apply for other sources of revenue in supp01i of its operation
or services from local , state, federal and private sources and, in the event of receipt of such
award, inform CITY within ten days.
5. Include an acknowledgement of CITY funding and supp01i on
CORPORATION stationery and on all appropriate project-related publicity and publications
using words to the effect: "funded in whole or in part by the City of Cupettino 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 and binding upon the CITY, the
CORPORATION, and any sub-recipients. Failw-e 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 fmiher 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 performed under the Contract is a project assisted under a
program providing direct federal financial assistance from HUD and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701. Section 3 requires that to the greatest extent feasible opportunities for training and
employment be given to lower income residents of the project area and agreements for work in
connection with the project be awarded to business concerns which are located in , or owned in
substantial part by persons residing in, the areas of the project."
The parties to this contract agree to comply with HUD's regulations in 24
C.F.R. Part 135, which implement Section 3. As evidenced by their execution of this contract,
the parties to this contract ce1iify that they are under no contractual or other impediment that
would prevent them from complying with the Part 135 regulations.
The contractor agrees to send to each labor organization or representative
of workers with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers' representative of the
contractors ' commitments under this Section 3 Clause; and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training and
employment positions can see the notice. The notice shall describe the section 3 preference;
shall set forth minimum number and job titles subject to hire; availability of apprenticeship and
training positions ; the qualifications for each; the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin .
The contractor agrees to include this Section 3 Clause in every subcontract
subject to compliance with regulations in 24 C. F. R. Part 135 , and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon
a finding that the subcontractor is in violation of the regulations in 24 C.F.R. Pati 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.
Pmi 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 sections, termination of this contract for default , and debmment or suspension from futur e
HUD assisted contracts.
With respect to work perfo1med in connection with Section 3 covered
Indian housing assistance, Section 7(b) of the Indian Self-Detennination 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 oppo11unities 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.
Pm1ies 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 ce11ifies and agrees that no contractual or other
disability exists which would prevent compliance with the requirements .
(b) Notifications. The CORPORATION agrees to send to each labor
organization or representative of workers with which it has a collective bargaining agreement or
other agreement or understanding, if any, a notice advising said labor organization or worker 's
representative of its commitments Lmder this Section 3 clause and shall post copies of the notice
in conspicuous places available to employees and applicants for employment or training . The
notice shall describe the Section 3 preference; shall set forth minimum number and job titles
subject to hire; availability of apprenticeship and training positions; the qualifications for each;
the name and location of the person(s) taking applications for each of the positions ; and the
anticipated date the work shall begin.
( c) Subcontracts. The CORPORATION will include the Section 3
Clause found in B .8.a of this Agreement, 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. lf the term of this Contract is extended by an amendment for a second
fiscal year, submit a satisfactory Audit within 150 days of CORPORA TION '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 0MB Circular
No. A-122 "Cost Principles for Non-Profit Organizations, the applicable policies, guidelines and
requirements of 0MB Circulars A-87 and A-102, and with the following Attachments to 0MB
Circular A-110:"
(a) Attachment A, "Cash Depositories," except for paragraph 4
concerning deposit insurance;
(b) Attachment B , "Bonding and Insurance;"
( c) Attachment C, "Retention and Custodial Requirements for
Records ", except that in lieu of the provisions in paragraph 4, the retention period for records
pertaining to individual CDBG activities starts from the date of submission of the annual
performance and evaluation report, as prescribed in 570.507, in which the specific activity is
reported on for the final time;
( d) Attachment F, "Standards for Financial Management Systems;"
e) Attachment H, "Monitoring and Reporting Project Perfo1mance ,"
paragraph 2;
f) Attachment N, "Property Management Standards," except for
paragraph 3 concerning the standards for real property, and except that paragraphs 6 and 7 are
modified so that:
i)
shall be program income, and
In all cases in which personal property is so ld , the proceeds
ii) Personal prope1ty not needed by the CORPORATION for
CDBG activities will be transfened to the recipient for the CDBG PROJECT or will be retained
after compensating the recipient; and
g) Attachment 0 , "Procurement Standards."
4. Comply with the audit requirements of 0MB Circular A -133 which
require compliance with the Single Audit Act for any non-profit agency expending $500,000 or
more of federal funds for the fiscal year.
5. Document all PROJECT costs by maintaining records in accordance with
Section III, Paragraph D below.
6. Submit to the CITY, based on an agreed upon schedule, a request for
payment, together with all supporting documentation. Invoices requesting disbursements
submitted after the expiration of the Contract will be honored only for eligible charges incurred
during the Contract tenn. All invoices must be submitted by the Contract expiration date or
within such other time period specified by the CITY for this Contract term. Funds not disbursed
will be returned to the Competitive Housing Pool for future reallocation.
7. Certify cun-ent and continuous insurance coverage, subject to CITY
approval and in accordance with requirements as outlined in Exhibit G, "Indenmity and
Insurance Requirements."
8. 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.
9. If CORPORATION does not use CDBG funds in accordance with the
requirements of this Contract, CORPORATION is liable for repayment of all disallowed costs.
Disallowed costs may be identified through audits, monitoring or other sources.
CORPORATION is required to respond to any adverse findings which may lead to disallowed
costs subject to provisions of 0MB Circular A-122, "Cost Principles for Non-Profit
Organizations."
D . Establishment and Maintenance of Records. CORPORATION shall:
1. In compliance with all HUD records and accounting requirements ,
including but not limited to , those set fo1ih in 24 C.F .R. 570.506 and 570.502(b), maintain
complete and accurate records of all its transactions including, but not limited to , contracts,
invoices , time cards , cash receipts, vouchers, canceled checks, bank statements, client statistical
records, personnel, property and all other pe1iinent records sufficient to reflect properly: (a) all
direct and indirect costs of whatever nature claimed to have been incun-ed or anticipated to be
incurred to perfonn this Contract or to operate the PROJECT; (b) each activity undertaken under
the PROGRAM meets one of the national objectives of the CDBG program set forth in 24 C.F.R.
570.208; (c) compliance with fair housing and equal opportunity requirements; (d) compliance
with Subpart K of 24 C.F.R. 570 and 24 C.F.R 508; and (e) all other matters covered by this
Contract.
2. Maintain client data demonstrating client eligibility for services provided
for the Project. Such data will include, but not be limited to, client name, address, income level
or other basis for determining eligibility, and description of service provided. Such infonnation
will be made available to CTTY monitors for review upon request.
E. Preservation of Records . CORPORATION will preserve and m ake 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. lf this Contract is completely or partially terminated, the records relating
to the work terminated will be preserved and made available for a period of five years from the
date of termination.
F. Examination of Records and Facilities. At any time during normal business
hours, and as often as may be deemed necessary , CORPORATION agrees that HUD and the
CITY, and/or any duly authorized representatives 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 descr1bed by applicable law, have access to and the right to
examine its plants, offices and facilities used in the performance of this Contract or the operation
of the PROJECT, and all its records with respect to the PROJECT and all matters covered by this
Contract. CORPORATION also agrees that CITY or any duly authorized representatives will
have the right to audit, examine, and make 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 PROJECT and matters
covered by this Contract. CORPORATION will be notified in advance that an audit will be
conducted. CORPORATION will be required to respond to any audit finding s, and have th e
responses included in th e final audit report. The cost of any such audit will be borne by CITY.
G. Compliance with Law. CORPORATION will become familiar and comply with
and cause all its subcontractors, independent contractors , and employees, if any, to become
familiar and comply with all applicable federal , state and local laws , ordinances , codes ,
regulations and decrees including, but not limited to, those federal rules and regulations ,
executive orders , and statutes identified in Exhibit F ("Assurances"). Specifically,
CORPORATION must comply with the requirements and standards of 0MB Circular No. A-
122 , "Cost Principles for Non-Profit Organizations'', and the attachments to 0MB Circular No .
A-110 as described in section
III. OBLIGATIONS OF CORPORATION, C. Fiscal Responsibilities of CORPORATION.
H . Suspension and Te1mination. In accordance with 24 CFR 85.43 , suspension or
termination of this Contract may occur if the CORPORATION materially fails to comply with
any term of the award, and that the award may be tenninated for convenience in accordance with
24 CFR 85.44 .
l. Reversion of Assets. Upon expiration or termination of this Contract, or in the
event HUD cancels the PROJECT 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 CORPORA TTON 's control that was
acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to
CORPORATION in the form ofa 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-CD BG 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 of CORPORA TIO N's knowledge or belief,
that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of it , to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress , an officer or employee of Congress , or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement;
2 . If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress , an officer or employee of Congress , or an employee of a
Member of Congress in connection with the awarding of any Federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Fonn-LLL, Disclosure Fmm 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 this Agreement imposed by Section 1352, Title 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) for such failure.
IV . OBLIGATIONS OF CITY
A. Method of Payment. During the term of this Contract, CITY shall disburse
CDBG funds to CORPORATION on a reimbursement basis unless otherwise provided herein for
all allowable costs and expenses incurred in connection with the PROJECT, not to exceed the
total sum of Dollars and No Cents ( .00). CITY may, at any time in its absolute discretion ,
elect to suspend or terminate payment to CORPORATION, in whole or in part, pursuant to this
Contract based on CORPORATION'S non-compliance, including, but not limited to, incomplete
documentation of expenses , failure to substantially meet goals and objectives as required in
Exhibit B, ("Project Work Plan"), failure to submit adequate progress reports as required herein
or other incidents of non-compliance as described in Section VI, Paragraph B of this Contract or
based on the refusal by CORPORATION to accept any additional conditions that may be
imposed by HUD at any time, or based on the suspension or te1mination of the grant to CITY
made pursuant to the Housing and Community Development Act of 1974, as amended.
V. PROJECT COORDINATION
A. CITY. The CITY Executive will assign a single DIRECTOR for CITY who will
render overall supervision of the progress and performance of this Contract by CITY. All
services agreed to be performed by CITY will be at the overall direction of the DIRECTOR.
B. CORPORA TTON. As of the date hereof, CORPORATION has designated Josh
Selo 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:
CORPORATION:
Attention: Senior Housing Planner
Community Development Department
City of Cupertino
10300 Torre A venue
Cupertino, CA 95014
West Valley Community Services
10104 Vista Drive
Cupertino, CA 95014
All notices will either be hand delivered or sent by United States mail, registered or certified,
postage prepaid. Notices given in such a manner will be deemed received when hand delivered
or seventy-two (72) hours after deposit in the United States mail. Any party may change his or
her address for the purpose of this section by giving five days written notice of such change to
the other party in the manner provided in this section.
VI. CONTRACT COMPLIANCE
A . Monitoring and Evaluation of Services. Evaluation and monitoring of the
PROJECT performance is the mutual responsibility of both CITY and CORPORATION.
CORPORATION must furnish all data, statements, records, information and reports necessaiy
for DIRECTOR to monitor, review and evaluate the perfonnance of the PROJECT and its
components. CITY will have the right to request the services of an outside agent to assist in any
such evaluation. Such services shall be paid for by CITY.
B. Contract Noncompliance. If CORPORATION fails to comply with any provision
of this Contract; CITY will have the right to require corrective action to enforce compliance with
such provision as well as the right to suspend or tenninate 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 infonnation or data furnished to CITY in
connection with the PROJECT.
2. If there is pending litigation with respect to the perfonnance by
CORPORATION if any of its duties or obligations under this Contract, which may materially
jeopardize or adversely affect the undertaking of or the carrying out of the PROJECT.
3. If CORPORATION has taken any action pertaining to the PROJECT,
which action required CITY approval, and such approval was not obtained .
4. If CORPORATION is in default under any provision of this Contract.
5 . If CORPORATION makes illegal use of CITY funds .
6. If CORPORATION submits to CITY any report which is incorrect or
incomplete in any material respect.
7 . If CORPORATION fails to meet the stated objectives in Exhibit B
("Project Work Plan").
C. Co1Tective Action Procedure. CITY, in its absolute discretion and in lieu of
immediately te1111inating this Contract upon occmTence or discovery of noncompliance by
CORPORATION pursuant to this Contract, will have the right to give CORPORATION notice
of CITY'S intention to consider corrective action to enforce compliance. Such notice must
indicate the nature of the non-compliance and the procedure whereby CORPORATION will
have the opportunity to participate in formulating any corrective action recommendation . CITY
will have the right to require the presence of CORPORATION'S officer(s) and EXECUTIVE
DIRECTOR at any hearing or meeting called for the purpose of considering corrective action.
In the event that CORPORATION does not implement the conective action
recommendations in accordance with the conective action timetable, CITY may suspend
payments hereunder or terminate this Contract as set forth in Section V 11 below.
Vll. TERMINATION
A. Termination for Cause. CITY may tem1inate 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 Project as described in the attached Exhibits. The date of termination will be as
specified in the notice.
B. Tennination for Convenience . In addition to the CITY'S right to terminate 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, perfo1mance of the services hereunder will be immediately discontinu ed.
C. In the event that this Contract is terminated , CORPORA TON may be required to
return funds according to HUD regulations.
D . Upon te1mination of this Contract, CORPORATION must immediately 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.
VIII. PURCHASING REAL OR PERSONAL PROPERTY
CORPORATION and CITY will comply with all applicable Federal Regulations as detailed by
24 CFR Part 570, Subpart J , i.e. 570.500 (Definitions), 570.503 (Agreements with
Subrecipients), 570 .504 (Project Income), and 570.505 (Use of Real Property), with regards to
the use and disposal of Real or Personal Property purchased in whole, or in part, with CDBG
funds.
In addition, 24 CFR Part 85 (the Common Rule) includes definitions which apply to CDBG Real
Property, however, the Common Rule section governing Real Property (CFR 85.31) DOES NOT
APPLY TO CDBG ACTIVITIES.
A. The following definitions apply to this Contract pursuant to 24 CFR, Part 85
(Common Rule) 85.3:
1. Equipment means tangible, non-expendable, personal property having a
useful life of more than one year and an acquisition cost of $5 ,000 or more per unit .
2 . Title as defined in detail in 24 CPR, Part 85.32 (a).
3. Use as defined in detail in 24 CPR, Part 85 .32 ( c) (1 ).
4 . Supplies as defined in detail in 24 CPR, Part 85.33.
5. Procurement, Use and Disposition of Real Property as defined in detail
by 24
CFR, Part 570.503 (Agreements with Subrecipients), 570.505 (Use of Real Property), and
570 .504 (Program Income).
B . Security Document. As a condition precedent to CITY loaning funds for the
purchase of real prope1iy or an option to purchase real property, CORPORA TlON will prepare
and execute a Loan Agreement (Exhibit H), Promissory Note, Deed of Trust and such other
Contracts restricting the use of said real prope11y for purposes consiste nt with this Contract,
HUD and CDBG r e quirements .
C. Grants. If a grant is provided for the acquisition of real prope11y ,
CORPORATION will continually operate its Project for a minimum period of six (6) years from
the effective date of this Contract. This obligation will survive the term of this Contract, the
assignment or assumption of this Contract and the sale of the property prior to expiration of the
obligation period as set forth in this paragraph. If this obligation is not fully met,
CORPORATION may be required to reimburse the CITY. The CITY may consider, but will not
be limited by , the following factors in calculating the reimbursement obligation: initial grant
sum; the duration of the initial contractual obligation to operate the Project versus the actual
duration of operation and; the appreciated value.
D . Relocation , Acquisition , and Displacement. CORPORA TTON 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 prope11y utilizing CDBG funds . CORPORATION agrees
to comply with applicable state laws , City Ordinances, Resolutions , and Policies concerning
displacement of individuals from their residences.
IV. PROGRAM INCOME
Income generated by the Project, is Program Income and shall be regulated by all provisions of
Title 24 CPR 570 Subpart J "Grant Administration," 570.503 "Agreements with Subrecipients,"
and 570 .504 "Program Income." CORPORATION will mmually report all program income
generated by activities canied out with CDBG funds made available under this Contract. By
way of further limitations, CORPORATION may use such income durin g the Contract period for
activities permitted under this Contract and shall reduce requests for additional funds by the
amount of any such program income balances on hand. All unused program income shall be
returned to the CITY at the end of the Contract period.
X. INDEPENDENT CONTRACTOR
This is a Contract by and between independent contractors and is not intended and will not be
construed to create the relationship of agent, servant, employee, paiinership , joint venture or
association between CORPORATION and CITY. CORPORATION, including its officers ,
employees, agents or independent contractors or subcontractors, shall not have any claim under
this Contract or otherwise against CITY for any Social Security, Worker's Compensation, or
employee benefits extended to employees of CITY.
XI. ASSIGNABILITY
A. None of the work or services to be perfonned hereunder will be assigned ,
delegated or subcontracted to third paiiies without the prior written approval of CITY. 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-conh·act,
the subcontractors, assignees or delegates shall be deemed to be employees of CORPORATION,
and CORPORATION will be responsible for their perfonnance and any liabilities attaching to
their actions or omissions.
B. This Contract may not be assumed nor assigned to another CORPORATION,
person, paiinership or any other entity without the prior written approval of CITY.
XII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORNIATION
CITY and CORPORATION agree to maintain the confidentiality of any information regarding
applicants for services offered by the PROJECT pursuant to this Contract or their immediate
families which may be obtained through application forms, interviews, tests, reports from public
agencies or counselors, or any other source. Without the written permission of the applicant,
such information will be divulged only as necessary for purposes related to the performance or
evaluation of the services and work to be provided pursuant to this Conh·act , and then only to
persons having responsibilities under this Contract, including those furnishing services w1der the
PROJECT through approved subcontracts .
XIII. HOLD HARMLESS
In addition to the indemnity obligations set forth in Exhibit G , "Indemnity and Insurance
Requirements," CORPORATION will indemnify and hold harmless the CITY, its employees,
agents, and officials, members of boards and commissions , from any and all claims, actions,
suits, charges and judgments whatsoever, with respect to any damages, including attorney 's fees
and court costs, arising out of the failure of the CORPORA TION's Project to comply with
applicable laws, ordinances, codes, regulations and decrees , including without limitation those
set fo1ih in Exhibit E, "Certifications."
XIV. WAIVER OF RIGHTS AND REMEDIES
In no event will any payment by CITY constitute or be construed to be a waiver by CITY of any
breach of the covenants or conditions of this Contract or any default which may then exist on the
part of CORPORATION, and the making of any such payment while any such breach or default
will in no way impair or prejudice any right or remedy available to CITY with respect touch
breach or default. In no event will payment to CORPORATION by CITY in any way constitute
a waiver by CITY of its rights to recover from CORPORATION the amount of money p aid to
CORPORATION on any item , which is not eligible for payment under the PROJECT or this
Contract.
XV. NON-DISCRIMINATION
CORPORATION will comply with all applicable Federal, State and local laws and regulations
including the City of Cupertino 's policies concerning nondiscrimination and equal opportunity in
contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights
Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of
19 7 3 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code
sections 12900 et seq.); and California Labor Code sections 1101 and 1102. CORPORATION
will not discriminate against any subcontractor, 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 , organi zational affiliations , or
marital status in the recruitment, selection for training including apprenticeship , hiring,
employment , utilization, promotion , layoff, rates of pay or other forms of compensation. Nor
shall CORPORATION discriminate in provision of services provided in this Conh·act 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 CORPORA TTON's contracts with sub-
contractors and vendors when utilizing the CDBG funds disbursed for this Project.
XVI. AMENDMENTS
Amendments to the tenns 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. Amendments will
not invalidate this Contract, nor relieve or release the CITY or the CORPORATION from its
obligations under this Contract.
XVII. INTEGRATED DOCUMENT
This Contract contains the entire Agreement between CITY and CORPORATION with resp ec t
to the subject matter hereof. No written or oral Agreements with any officer, agent or employee
of CITY prior to execution of this Agreement shall affect or modify an y of the terms of
obligations contained in any documents comprising this Agreement.
XIII. MISCELLANEOUS
A. 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 . 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"
(PROJECT Description), Exhibit "B" (PROJECT Work Plan), Exhibit "C" (Proposed
Implementation Time Schedule), Exhibit "D " (PROJECT Budget), Exhibit "E" (Insurance
Requirements), Exhibit "F" (Assurances). Exhibit "G" (Project Scope of Work), Exhibit "H"
(Map of Property), Exhibit "I" (Legal Description), and Exhibit "J" (Additional Grant
Requirements).
C. The persons signing below are duly authorized to execute this Contract.
IN WITNESS WHEREOF, the parties have executed this Contract the day and year above
written.
AGENCY:
By:
(Print name)
Josh Sela
Executive Director
-l /11f1~
CITY:
CITY OF CUPERTINO, a municipal
corporation
By: £/l/211 3J;~ yllS;jlv/l
(Print name)
A i 1ti Shrivastava
Assistant City Manager
APPROVED AS TO FORM AND
LEGALITY:
~
Randolph Stevenson Hom
City Attorney
ATTEST:
~ft:7-u---0
Grace Sclurndt Date
City Clerk
PROJECT DESCRIPTION
Agency Name: DUNS:
West Valley Communitv Services
Executive Director: Project Manager: Project# (For Office U se Only)
Josh Selo Su_jatha Venkatraman
Street Address: City: State: I Zip Code:
10104 Vista Drive Cupertino CA 95014
Telephone number: Fax Number: Manager E-mail
408-255-8033 sujathav(a}wvcommunityservices.org;
Name of Project/Program:
Vista Village Renovation Project
Project/Program Location:
10104 Vista Drive Cupertino, C A 95014
Project Description:
EXHIBIT B
PROJECT WORK PLAN
FY 2017/2018
AGENCY NAME: West Valley Community Services
PROGRAM NA1'1E: Vista Village Renovation Project
HUD National Objectives
Low/Mod Income Type:
Objectives
[Repair of four units
Landscaping
1st
Benchmarks for Each Quarter
2nd 3rd 4th TOTAL
3 3 2 0 8
0 I 1 1 3
EXHIBITC
PROPOSED IMPLEMENTATION TIMELINE SCHEDULE
FY 2017/2018
AGENCY NAME: West Valley Community Services
PROGRAM NAME : Vista Village Renovation Proj ec t
Activity Number & Description:
Activity Jul Aug Sep Oct Nov Dec #
1.
2.
3 .
4.
Jan Feb Mar Apr May Jun
EXHIBITD
PROJECT BUDGET
FY 2017/2018
AGENCY NAME: West Valley Community Services
PROGRAM NAME: Vista Village Renovation Project
p rogram B d t (F" I Y u 1ge 1 1sca ear 2017 2018) -
Proposed Project Expenses
Salaries/Benefits/Payroll/Taxes
Office Supplies
Communication
Publications/Printing/Advertising
Travel
Rent/Lease/M01igage
!Utilities
Insurance
Equipment Rental/Maintenance
Audit/Legal/Professional Services (for CDBG portion only)
Direct Services (Funding for specific service such as a meal, ride)
Contracted Services
Other
Total Expenses
2017-2018
Request
$15,000
$12 ,SOC
$3,500
$0
$12 1,088
$152 ,088
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
conh·acting for construction work (such as general contractors building rental apartments) to
undertake a Project (as defined in this Non-Profit/City Contract) then the requirements set fo1th
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 hold hannless 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 perfonnance 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 thi s 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 ce1tifying 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
ce1tificate. 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 Conh·actor upon request.
This verification of coverage shall be sent to the address as shown on the City's Certificate of
Insurance forn1 and to the Housing and Community Development Program at the address set forth
in this Contract at Section VI. PROGRAM COORDINATION, Paragraph C., NOTICES . The
Contractor shall not issue a Notice to Proceed with the work under this Contract until it has
obtained all insurance required and such insurance has been approved by the City. This approval
of insurance shall neither relieve nor decrease the liability of the Contractor.
B . Notice of 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 Vlll, according to the cmrent Best's Key Rating
Guide, unless otherwise approved by the City's Insurance Manager.
D . Insurance Required
l . Comprehensive General Liability Insurance -for bodily injury (including death)
and prope1ty 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 occmrence -$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 oflnterest clause providing that the coverage applies separately
to each insrned 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 oflnsurance.
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. Workers ' Compensation and Employer's Liability Insurance for:
a. Statutory California Workers' Compensation coverage including a broad
form all-states endorsement.
b. Employer's Liability coverage for not less than one million dollars
($1 ,000 ,000) per occurrence for all employees engaged in services or operations under this
Contract.
c. Inclusion of the City and its governing board(s), officers, representatives,
agents, and employees as additional insureds, or a waiver of subrogation.
7. Professional Enws 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
tennination 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, Conh·actor 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 tem1ination of this Contract, at the option of
the 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 City or its insurance
consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and
obligations otherwise assumed by the Contractor pursuant to this 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 pai1 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.
ADDENDUM TO EXHIBIT "E"
BASIC INSURANCE AND BOND REQUIREMENTS
FOR CONSTRUCTION PROJECTS USING CITY FUNDS
If yom organization will be contracting for construction work (such as general contractors building
rental apartments) to undertake a Project (as defined in this Non-Profit/City Contract) then the
requirements set forth in this Addendum to Exhibit "E" shall be complied with by the paity
contracted with for constrnction work protecting both the non-profit and the City.
Indemnity
The General Contractor (hereinafter referred to as "General") shall indemnify, defend , and hold
ham1less 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 reimbmse 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 fmther
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 Ce1tificate of Insurance. Individual endorsements executed by the insurance canier
shall accompany the Ce1tificate.
This verification of coverage shall be sent to the Contractor at the address stated below and to the
Community Development Department, 10300 ToITe 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 insurai1ce 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 Deve lopment Department as
s tated above, and the Contractor at the following address:
West Valley Community Services
10104 Vista Drive
Cupertino, CA 95014
C. Qualifying Insurers
I. 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, perfonnance and payment bonds) shall be required
as follows:
a. For projects in excess of $100,000:
1. Either a California Admitted Surety OR a current Treasury Listed
Surety (Federal Register); and either a current A.M . Best A IV rated Surety OR a current Standard
and Poors (S&P) rating of A ;
2. An admitted surety insurer which complies with the provisions of
the Code of Civil Procedure, Section 995 .660*;
OR
3. In lieu of 1 & 2 , a company of equal financial size and stability that
is approved by the City's Insurance/Risk Manager.
b. For projects between $25,000 and not exceeding $100,000:
1. A California Admitted Surety and either a cmTent A.M. Best B rated
Surety OR a current Standard and Poors (S&P) rating of BB;
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
· Ca lifornia Code of C ivil Procedure Section 995.660 in summary, states Iha! an ad mitted sure ty must provi de: l ) the or ig in a l. or a ce,tified copy
of ins trumen t authorizing the person who exec ut ed the bon d to do so: 2) a cert ified copy o f th e Certificate of Authority issued by th e In s uran ce
Commi ss ioner; 3) a certificat e from City Clerk of Cupertino City th a t Certificate of Authority has no t bee n su rrendered, re vo ked , ca nceled . annull ed
or suspended ; 4) a fin an cial statement showing the assets and liabili ties of the in surer at the end of the qu aiier calendar yea r. pr ior to 30 days next
pr eced in g the date of th e execution of th e bond.
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. Tfover 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 insmance maintained by the City of Cupertino and the
Contractor shall be excess only and not contributing with insurance provided under
this policy.
c. Notice of Cancellation or Change of Coverage Endorsement:
This policy may not be canceled nor the coverage reduced by the Company without
30 days prior written notice of such cancellation or reduction in coverage to the
City of Cupertino CDBG Program, and the Contractor at the addresses set forth on
page 10 of this Addendum.
d . Severability of Interest Endorsement:
The insurance afforded by this policy shall apply separately to each insured who is
seeking coverage or against whom a claim is made or a suit is brought, except with
respect to the Company's limit ofliability.
5. Comprehensive Automobile Liability Insurance for bodily injury (including death)
and property damage which provides total limits of not less than one million dollars ($1 ,000,000)
combined single limit per occurrence applicable to all owned, non-owned and hired vehicles.
6. Workers' Compensation and Employer's Liability Insurance for:
a . Statutory California Workers' Compensation coverage including a broad
form all-states endorsement.
b. Employer's Liability coverage for not less than one million dollars
($1,000,000) per occurrence for all employees engaged in services or operations under this
Contract.
7. Work and Materials Insurance (including but not limited to Builder's Risk, Course
of Construction, Installation Floater or similar first party property insurance for covering the
interest of the Contractor and the City) shall be provided by the Contractor.
The Contractor's coverage shall provide the 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 prope1ty 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 tenninate 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 fom1s, the two surety bonds in the amounts and for the purposes
noted below, duly executed by a reputable smety 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 labor or furnishing materials in connection with
the work of the proposed Contract. This bond shall be maintained in full force and effect
until all work under the Contract is completed and accepted by the City, and until all claims for
materials and labor have been paid.
c. The "perfomiance bond'' shall be in an amount of one hundred percent
( 100%) of the Contract price as determined from the prices in the bid form. and shall insure the
faithful performance by Contractor of all work under the Contract. It shall also insure the replacing
of, or making acceptable, any defective materials or faulty workmanship .
Should any surety or sureties be deemed unsatisfactory at any time by the City notice will
be given Contractor to that effect, and Contractor shall forthwith substitute a new surety or sure ties
satisfacto1y 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 th e 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 perfonned under this contract,
or any products/completed operations loss or claim against the contractor resulting from any of the
contractor's work.
EXHIBIT F
ASSURANCES
CORPORATION hereby assures and certifies that it will comply with all r egulations , policies ,
guidelines and requirements applicable to the acceptance and use of Federal funds for this
Federally-assisted project and will be re sponsible for implementing and complying with all
relevant futur e changes to Federal Regulations or 0MB Circulars . Specifically
CORPORATION gives assurances and certifies with respect to the PROJECT that it is in
compliance with the following Regulations as defined by 24 CFR, Pait 570 , Subpart J ; 24 CFR,
Part 570, Subpart K; and will be conducted and administered in confo1mity with "Public Law
88.352 and Public Law 90-284 .
1. 570.601. Public Law 88-352 and Public Law 90-284 ; affirmatively fu1thering 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, 12 086 , 114 7 8, 12 107 ; Executiv e Order 11625 as
amended by Executive Order 12007 ; Exe cutive Order 1243 2 ; Ex ecutive Order 12 138 as
amended by ex ecutiv e Order 12608.
2. 570.602. Section 109 of the Act addresses discrimination.
3 . 570.603. Labor Standards .
4. 570.604. Environmental Standards .
5. 570.605. National Flood Insurance Program.
6. 570.606. Relocation, Displacement and Acquisition.
7. 570.607. Employment and Contracting Opportunities.
8 . 570.608. Lead-Based Paint.
9. 570.609. Use of Deban-ed , 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 of24 CFR Part 85 (Common Rule), and 0MB Circulars A-110 (Grants
and Agreements with Non-Profit Organizations), A-122 (Cost Principles for Non-
Profits), A -128 (Audits of State and Local Governments-implemented at 24 CFR, Pait
24), and A-133 (Audits of Institutions of High er 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 0MB Circular A-100 are
set fotih at 570.502.
11. 570.611. Conflict oflnterest.
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 constrnction 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~-), 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 Drng Free Workplace Act of 1988
(P.L . 100-690) and implementing regulations at 24 C.F.R. Part 24.
16. Religious Organizations. If the CORPORATION is a religious organization, as defined
by the CDBG program, all conditions prescribed by HUD for the use of CDBG Funds by
religious organizations , including the First Amendment of the United States Constitution
regarding church/state principles and the applicable constitutional prohibitions set forth in
24 C.F .R. Section 570.200(j).
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
constrnction 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 for 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 patiicipating in the national flood insurance program is subject to the
mandatory purchase of flood insurance requirements of Section l 02( 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~-
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
18.
19.
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.
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.
HUD Regulations. Any other HUD regulations present or as may be amended, added, or
waived in the future pe1iaining to the Grant funds , including but not limited to HUD
regulations as may be promulgated regarding subrecipients.
EXHIBIT G
PROJECT SCOPE OF WORK
This project will help revitalize our Vista Village affordable housing complex with various
repairs and renovations. This project aligns with the agency's vision of transfonning the lives of
low-income households by providing a safe and affordable home. The total project scope
includes the following:
1. Repair seven housing units, including new flooring, kitchen counter top, interior painting, and
new toilets. The residents of these unis moved into their apartment in 2002 when the Vista
Village complex was first built, and no significant repairs have been conducted since then. There
are four one bedroom units and three two bedroom units that require repair. The cost also
includes motel relocation expenses for the residents currently occupying these units. Residents
will need to be briefly relocated in order to complete this work.
2. Landing repairs-Several landing areas throughout the complex need repair. Due to drought and
now rain, the wood is rotting and chipping away. This will become a safety concerns if not
addressed soon. This project also takes into consideration the cost associated with relocating
some of the residents who live on the second floor as the work on the landing will prohibit them
from entering and exiting their units .
3. Stairs and railing replacement as needed due to similar issues ofrotting wood.
4. Vista landscaping-This will include broken fence repair, sprinkler repair , removing trees that
are dead or rotting and replacing plants and shrubs with landscaping that is drought resistant. We
will also level the ground as several areas are flooding due to uneven ground and soil erosion.
5. Exterior LED Lighting-The complex is not currently well lit and this will help save energy
and provide a safe and well-lit environment for our residents.
6. Reseal the driveway and repair parking posts-Due to wear and tear, several areas of the
driveway have bumps and dips. Several parking posts and gutters are damaged around the
complex.
7. Exterior paint-The units have not been painted since 2002, and a full exterior paint treatment
will refresh the complex and the local community.
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EXHIBIT H
MAP OF PROPERTY
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EXHIBIT I
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
CUPERTINO , COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS
DESCRIBED AS FOLLOWS:
LOT 1, AS SHOWN UPON THAT CERTAIN MAP ENTITLED , "TRACT NO. 5351 ",
WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE
COUNTY OF SANTA CLARA , STATE OF CALIFORNIA , ON MARCH 14 , 1973 IN BOOK
318 OF MAPS, AT PAGE 30.
EXCEPTING THEREFROM, THE UNDERGROUND WATER OR RIGHTS THERETO
WITH NO RIGHT OF SURFACE ENTRY , AS GRANTED BY HOGUE CONSTRUCTION
CO., INC., TO CALIFORNIA WATER SERVICE COMPANY, A CALIFORNIA
CORPORATION, BY INSTRUMENT DATED MARCH 29 , 1973 , RECORDED APRIL 2 ,
1973 IN BOOK 0306 OF OFFICIAL RECORDS , PAGE 484.
ALSO EXCEPTING THEREFROM, THE UNDERGROUND WATER OR RIGHTS
THERETO WITH NO RIGHT OF SURFACE ENTRY, AS GRANTED BY HOGUE
CONSTRUCTION CO , ET AL, TO THE CITY OF CUPERTINO BY INSTRUMENT
RECORDED APRIL 6, 1973 IN BOOK 0315 OF OFFICIAL RECORDS , PAGE 587 .
EXHIBIT J
ADDITIONAL GRANT REQUIREMENTS
The CORPORATION agrees to comply with the following federal regulations , requirements ,
provisions and citations below. In addition all federal environmental requirements and
conditions must be satisfied prior to the release of grant funds .
ADDITIONAL FEDERAL REGULATIONS, REQUIREMENTS, PROVISIONS AND CITATIONS
0MB
0MB Circulars Circulars for
for Non Gov't. Gov't. Other Federal
Provisions Federal Regulations * Subrecipients Sub recipients Regulations**
I. National Objecti ve 570.2 00(a)( I )+(2),
Compliance/Eligi bil ity 570.201-570.209,
570.506
2. Scope of Work 570.503
3. Time of Perform:mce 570.503
4 . Compensations and Method of 570.502 , 570.513 A-122 , A-21 A-87 24 CFR Part 85
Payment
5. Program Income 570.500(a),
570.503(b)(3), 570.504
6. Record-Keeping Requirements 570.502, 570.503(b)(2), 24 CFR Parts 84 and
570 .506 85
7. Reporting Requirements 570.502, 570.507 24 CFR Parts 84 and
85
8. Public Access to Program 570.502, 570.508 24 CFR Parts 84 and
Records 85
9. Grant Closeout Procedures 570.502, 570 .509
10. Unifom1 Admini s trative and 570.502 . 570.503(b)(4), A-122 , A-21 , A-A-8 7, A-133 24 CFR Parts 84 and
Program Management 570.610 133 85
Standards
11. Reversion. of Assets 570.502, 570.503,
570.505
12. Real Prope 1ty 570.502 , 570.503(b)(7),
570 .505
13. Other Program Requirements 570.503(b)(5), 570.600-
603 ,
570.605-614
14 . Tetmination 57 0.502,570.503 24 CFR Part 84.43
15 . Compliance with 570.501 A -122 24 CFR Parts 84 and
Laws/Regulations R5
16. Antidiscrimination/ 570.60 l , 570.602,
570.607
Affirmative Action and EEO
17 . Financial Management 570.502 , 570.610 24 CFR Paiis 84.20
and 85 .20 and
Treasury Cir. 1075
[8. Audits 570.502 , 570.610 A-133 A-133 24 CFR Parts 84.26
and 85.26
19. Religious and Political 570 .200U), 570.207
Activities
20. Budget Modifications 570.502. 570.503(b)( I )
21. Monitoring 570.SO l (b). 24 CFR Parts 84 and
5 70.502(b)(vii), 85
570.503(b)( l)
22 . Confl ict ofTnterest 570.611 24 CFR Parts 84 and
85
23 . Procuremem Methods 570.502 24 CFR Patts 84.40-
48 and 85.36
24. Budget 570.503
25 . Project Schedule/Milestones 570.503
26. Environmental Review 570.503(b )(3 )(I)
Unless otherwise noted , citations are from Title 24 of the Code of Federa l Regulations (CFR).
''* Part 84 applies to i11stit11tio11s of higher ed11catio11, ho;pitals, a11d other 11011-proji1 orga11izatio11 s: Part 85 applies to state, lo cal, andfederal!v
recognized Tribal governments .
ADDITIONAL FEDERAL REGULATIONS, REQUIREMNTS, PROVISIONS AND CITATIONS
Req uirements Federa l Reg ul ations Other References
1. federal Labor Standards 24 CFR 5 70.603 ; 29 CFR Parts 1, Section 110. Hous ing and
I. Davis-Bacon 3, and 5 Community Developmen t Act of
2. Copeland Act (Anti-kickback) 1974 (HCDA); 40 U.S.C. 276a-
3. Contract Work Hours and Safety Standards 276a-5 ; 40 U.S.C. 276c ; 40 U.S.C .
327 et seq.
2 . Equal Emplo)111ent Opportunity 24 CFR 570.601-602 ,
24 CFR 570.607, Executive Orders 11246 and
41 CFR 60 12086, 12 U.S.C. 170 I u
3. List of Debarred or lneligible Contractors 24 C.fR 570.609 ,
24 CFR24
4. Non-Discrimination 24 CFR Part 8, Section 504 of Rehab. Act of 1973 ,
24 CFR 570 .601, Americans with Disabilities Act of
24 CFR 570.602 1990, Exec. Order 11063
5. Fire Safety Codes Loca l
6. Building, Housing, and Zoning Codes; Housing 24 CFR 570.208(h)( I )(iv) and Local
Q ua lity Standards (b)(2)
7. Lead-Based Pa int 24 CFR 570.608 , 42 U.S .C. 482 1 et seq.
24 CFR 35
8. Lump Sum Drawdowns 24 CFR 570.513
9 . Environmental/Historic Preserrntion/National 24 CFR 570.503(b)(5)(i), Sec . l 04(g), HCDA
Environmenta l Policy Act/F lood Insurance 24 CFR 570.604, 570.202,
Requ irements 24 CFR 58
1. Si ting Near Airports and Coasta l Barrier
Resources
2. Fish and Wildlife Protection Ref. At 24 CFR 58.6
3. flood Plain
4. National Historic Preservation See reforence at 24 CFR
5 . Noise Abatement & Contro l 58.5570.605 , 58.6
6. Wetlands
7. A ir Quality
8. Coastal Zones
9. E nda ngered Spec ies
10. Thermal/Explosive Hazards
11. flood Insurance
42 U .S.C. 4001 et seq.
l 0. Relocation, Rea l Property Acquisition, and One-24 CFR 570.20 l (i), 570.606, Sect. 10-l(d) and 105(a)(l 1) of
For-One Housing Rep lacement 49 CFR 24 , HCDA, www.hud.gov/re location
B. Uniform Re location Act
C. Residential anti-displacement and
relocation assistance
24 CFR 570.606(c)(l )
D. On e-Fo r-One Replacement