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HomeMy WebLinkAbout10-06-1994 CITY COUNCIL STAFF REPORTSSARATOGA CITY COUNCIL EXECUTIVE SUMMARY N0. 2-5-0s. AGENDA ITEM 4e) MEETING DATE: October 6 1994 CITY MGR. APPROVAL ORIGINATING DEPT-:- -City Manager's Office SUBJECT: Adoption °of CDBG County /City Contract for FY 1994/1995 Recommended Motion: Adopt Contract and Authorize City Manager to execute. Report .Summary: Through a Joint Powers Agreement the City of Saratoga participates with nine other small cities and Santa Clara County as Urban County recipients of Community Development Block Grant funding. The-federal government requires each participating jurisdiction to annually execute a contract specifying each party's responsiblities and - obligations. Attached to the contract are descriptions, work -plans -and budgets for each project which will be active during the year. The contract formalizes the existing operation of the program and does not impose any new obligations on the City. The City's balance as of July 1, 1994, for FY 1994/1995 is $659,148.14. II Fiscal Imt)acts : None Follow -Up Actions: Staff will send signed CDBG County /City Contract for 1994/1995 to County. Consequences of Not Acting on the Recommended Motions: City will not be reimbursed for projects eligible for CDBG funding. ttachments: CDBG County /City Contract for 1994/1995 CDBG COUNTY /CITY CONTRACT Contract No. SA -95 -00 AGREEMENT THIS AGREEMENT is made and entered into on MAY 10, 1994 by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of California (hereinafter "COUNTY "), and the CITY /TOI%TN OF Saratoga (hereinafter ( "CITY ") participating as a member of the County of Santa Clara COMMUNITY DEVELOPMENT BLOCK GRANT (hereinafter "CDBG") Joint Powers Agreement. WITNESSETH WHEREAS, COUNTY has received CDBG Entitlement Program funds from the Department of Housing and Urban Development (hereinafter HUD) as. an entitlement jurisdiction pursuant to the provisions of Title .1 of the Housing. and Community Development Act of 1974,.. as amended; and, WHEREAS, COUNTY has agreed to the use by CITY, as a subrecipient, of a portion of COUNTY'S CDBG entitlement for a housing program to be operated within COUNTY and which shall benefit low and very low income households; NOW, THEREFORE, the parties agree as follows; I. PROGRAM COUNTY agrees to grant for fiscal year 1994/1995 a portion of its CDBG entitlement, and /or.program income as defined in 24 CFR'570 Subpart J, "Grant Administration" (570.504), to the CITY, as a subrecipient of the County being the sum of Six Hundred Fifty Nine Thousand One Hundred Forty Eight Dollars Fourteen Cents ($659,148.14 ) for the purpose of reimbursing the City for costs incurred to implement the housing program (herei- nafter PROGRAM). A lump sum figure is allocated for. this con- tract and the parties understand and agree that the allocation is distributed by the COUNTY through reimbursing the CITY for al- lowed expenses, and no lump sum distribution of CDBG funds is made at the outset of this contract. Reimbursement for fiscal year 1994/1995 shall not exceed the total sum of the begin- ning fiscal year Cash Control Sheet (--fiscal year CDBG allocation of funds to CITY, and roll -over of unexpended CDBG funds from previous-years allocations to CITY.) CITY is granted authority to also expend funds for eligible CDBG Housing activities from its approved rehabilitation program revolving loan fund account, including accrued Program Income. Such authority is based on CITY being in compliance with all'Federal Rules and Regulations gov- erning the CDBG PROGRAM, and the COUNTY CDBG Reallocation Guide- lines. 1 As a condition to this contract CITY shall, submit Exhibit "A" (Program Description) , Exhibit "B" (Project Work Plan) , Exhibit "C" (Proposed Implementation Time Schedule) Exhibit "D" (Budget), Exhibit "E" (Certifications), Exhibit "F" (Assurances), and Exhibit "G" (Insurance), or an equivalent acceptable format for providing this information, for all allocated CITY projects awarded funding during fiscal year 1994/1995 The approved versions of such submittals shall become a part of this Contract by being attached hereto and by this reference incorporating such submittals. II. TERM A. The term of this Agreement shall begin on July 1, 1994 and shall terminate on June 30, 1995 unless terminated earlier pursuant to Section V or Section VII of this Agreement. B. The. term of expenditure for the grant amount provided for herein shall begin on . July 1. 1994 and terminate o th e 1 est of the following dates as set forth herein: Ine 0, 9 ; the date of the expenditure of the total grant, and /or program income amount provided for .herein; upon the termination date established pursuant to Section V or Section VII of this Agreement. III. OBLIGATIONS OF CITY A. City Shall: 1. Provide COUNTY with written certification that the following information will be on file at the CITY offices,.and will be subject to monitoring by HUD and /or COUNTY HCD staff, or their representatives. a. Names and addresses of the current CITY Manager and CITY Council members; b. Copy of CITY'S approved Affirmative Action Plan; and C. Records of all CITY Council meetings dealing with CDBG matters.. 2. CITY shall provide COUNTY with information and housing objectives for the Urban County Comprehensive Housing Affordability Strategy (CHAS) and /or the Consolidated plan upon request at the beginning of each program year. B. Program Performance by CITY. CITY shall: 1. Conduct the PROGRAM within Santa Clara County, for the purpose of, benefiting low and .very low income households. 2 C. 2. File progressive reports with COUNTY on the type and number of services rendered through the operation of the PROGRAM and a description of the beneficiaries of these services, which reports shall evaluate the manner in which the PROGRAM is achieving its objectives and goals as a participating non - entitlement city. Fiscal Responsibilities of CITY. CITY shall: 1. 'Appoint and submit the name of the CITY managerial staff who shall be responsible for the financial and accounting CDBG activities of CITY, including the receipt and disbursement of CITY CDBG funds. The COUNTY shall immediately be notified in writing of the appointment of a new fiscal agent and that agent's name, and CITY will submit three (3) new signature cards if applicable. 2. Establish and maintain an accounting system that shall be in conformance with generally accepted principles of accounting. The accounting system shall be subject to review and approval of COUNTY. 3. Document all PROGRAM costs by maintaining records in accordance with Section III, Paragraph D below. 4. Submit to the COUNTY request for reimbursement, as needed, supported by documentation as agreed to by CITY and COUNTY. 5. Certify current and continuous insurance coverage of CITY, subject to approval of COUNTY and in accordance with requirements as outlined in Exhibit "G" (Insurance);. and obtain certificate of sufficient insurance from all subrecipients which shall list CITY as additional insured. 6. Subparagraph C. 1) through 5) above are express conditions precedent to disbursement of any COUNTY funding and failure to comply with these conditions may, at the discretion of COUNTY, result in the suspension of funding or termination of specific projects in non - compliance; or initiate the suspension of funding or termination of this AGREEMENT as provided for herein. 7. CITY is liable for repayment of all disallowed costs and ineligible activities. Disallowed costs and ineli- gible activities may be identified through audits, monitoring or others sources. CITY shall be required to respond to any adverse findings which may lead to disallowed costs, subject to provisions of OMB Circular A -87, "Cost Principles for State and Local Governments ", and A -128, "Single Audits of State and Local Governments ". City shall be required to respond 3 to any adverse findings which may lead to ineligible activities, subject to provisions of 24 CFR Part 570.201 -206 "Eligible Activities" and 24 CFR Part 570- 207 "Ineligible Activities ". D. Establishment and Maintenance of Records..CITY shall: 1. Maintain complete and accurate records of all its CDBG transactions including, but not limited to, contracts, invoices, time cards, cash receipts, vouchers, canceled checks, bank statements, client statistical records, personnel, property and all other pertinent records sufficient to reflect properly: a. All direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred to perform this Agreement or to operate the PROGRAM; and b. All other matters covered by this Agreement. E. Preservation of Records. CITY shall preserve and make available its records: 1. Until the expiration of five years from the date of final payment.to CITY under this Agreement; or 2. For such longer period, if any as is required by applicable law; or 3. If this Agreement is completely or partially terminat- ed, the records relating to the work terminated shall be preserved and made available for a period of five years from the date of termination. F. Examination of Records• Facilities. At any time during normal business hours, and as often as may be deemed reason- ably necessary, CITY agrees that HUD and the COUNTY, and /or any duly authorized representatives may until expiration of: (a) five years after final payment is made pursuant to this Agreement, (b) five years from the date of termination of this Agreement, or (c) such longer period as may be pre- scribed by law: have access to and the right to examine Subrecipient CDBG records and facilities. The CITY shall .provide language in it's agreements with all Subrecipients stipulating that at any time during normal business hours, and.as often as may be deemed reasonably necessary, Subre- cipient agrees that HUD and the COUNTY, and /or any duly authorized representatives may until-expiration of: (a) five years'after.final payment is made pursuant to this Agree- ment, (b) five years from the date of termination of this Agreement, or (c) such longer period as may be prescribed by law: have access to and the right to examine Subrecipient. CDBG records and facilities. CITY also agrees that COUNTY or any duly authorized representatives shall have the right to 4 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 Agreement. CITY will be notified in writing of intended audits. CITY will be notified in writing of intended in- spections of records and facilities and of intended audits no less than three business days before such inspections or audits. CITY will be required to respond in writing to the HCD Program Manager to any audit findings, and have the responses included in the final audit report. The cost of any such audit will be borne by COUNTY. G. Compliance with Law. CITY staff shall become familiar and comply with and require 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, execu- tive orders, and statutes identified in "F" ASSURANCES. Specifically, CITY shall comply with the requirements of OMB Circular No. A -87, "Principles for Determining Costs Appli- cable to Grants.and Contracts with State, Local and Federal- ly recognized Indian Tribal Governments ", and OMB Circular A -128 "Audits of State and Local Governments ". In addition, CITY will comply with Federal Regulations as cited in 24 CFR Part 570, Subpart J, and 24 CFR Part 85, and all other local, State or Federal laws applicable to this PROGRAM. IV. OBLIGATIONS OF COUNTY A. Method of Payment. During the term of this Agreement, COUNTY shall reimburse CITY for all allowable costs and expenses incurred in connection with the PROGRAM, not to exceed the total sum of the beginning. fiscal year Cash Control Record plus all Program Income accrued during the fiscal year. Reimbursement for eligible expenses will be paid by COUNTY within thirty days (30) of the date the reimbursement request is received by COUNTY HCD staff, under the proviso that the CITY has complied with all PROGRAM regulations, and contract conditions agreed to by CITY and COUNTY. Reimbursement may be held back, in part or in full, by COUNTY, in the event of CITY'S non - compliance to PROGRAM regulations and conditions. Substantial non - compliance includes, but is not limited to, incomplete- documentation of expenses, failure to submit adequate documentation of PROGRAM progress as described in III, paragraph B.2, of this Agreement, failure to provide and maintain an accounting system that shall be in conformance with generally accepted principles of accounting, or based on the suspension or 5 termination of the Grant to COUNTY made pursuant to the Housing and Community Development Act.of 1974, as amended. B. In the case of CITY substantial non - compliance prior to exercising any recourse authorized herein, COUNTY shall initiate the following procedure: 1. Notify the CITY. Coordinator in writing of the alleged substantial non - compliance and request an immediate meeting between CITY Coordinator and COUNTY HCD Program Manager to resolve issue(s). If issue(s) is(are) not resolved satisfactorily within thirty (30) days, notify CITY Manager in writing requesting an immediate meeting between CITY Manager, CITY Coordinator and COUNTY HCD Program Manager to resolve the issue(s). 2. Determine if any portion of the reimbursement request meets all eligible criteria, and if so, authorize payment for the eligible portion of the reimbursement request; 3. Review the procedure to be followed under V. C. of this Agreement (CONTRACT COMPLIANCE, Corrective Action Procedure); and 4. If applicable, forward a written report to HUD's Regional Office detailing the substantial non-com - pliance issues and the steps being instituted to cor- rect performance, copy to the CITY Manager. C. Compliance with Law. COUNTY shall become familiar and comply with and require all its subcontractors and em -, ployees, 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 statues identified in "F" ASSURANCES. Specifically, COUNTY shall comply with the requirements of OMB Circular No. A -87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local, Federally recognized Indian Tribal Governments ", and OMB Circular A -128 "Audits of State and Local Governments ". In addition, COUNTY will comply with Federal Regulations as cited in 24 CFR Part 570, Subpart J, and 24 CFR Part 85, and all other Local, -State or Federal laws applicable to this PROGRAM. V. CONTRACT COMPLIANCE A. Monitoring and Evaluation of Services. Evaluation and monitoring of the PROGRAM performance shall be the mutual responsibility of both COUNTY and CITY, with the understanding that HUD looks to COUNTY as the sole responsible party for meeting PROGRAM requirements. CITY Mo shall furnish data, statements, records, information and reports as mutually agreed to by CITY and COUNTY as necessary for COUNTY to monitor, review and evaluate the performance of the PROGRAM and its components. COUNTY shall have the right to request the services of an outside agent to assist in any such evaluation. Such services shall be paid for by COUNTY. B. Contract Noncompliance. Upon receipt by COUNTY of any information that evidences a failure by CITY to comply with any provision of this Agreement (24 CFR 85.43 "Enforcement ") COUNTY shall have the right to require. corrective action to enforce compliance with such provision. of non- compliance include but are not limited to: 1. If CITY knowingly shall have made any material misrepresentation of any nature with respect to any information or data furnished to COUNTY in connection with the PROGRAM. 2. If there is pending litigation with-respect to the performance by CITY of any of its duties or obligations under this Agreement which may materially jeopardize or adversely affect the undertaking of or the carrying out of the PROGRAM. The CITY and COUNTY may negotiate a reinstatement of this Agreement following termination or conclusion of such litigation. 3. If CITY shall have taken any. action pertaining to the PROGRAM which required COUNTY approval without having obtained such approval. 4. If CITY is in default under any provision of this Agreement. 5. If CITY makes improper use of COUNTY funds. 6. If CITY fails to meet all provisions of the COUNTY CDBG Reallocation Guidelines, or Joint Powers Agreement. C. Corrective Action Procedure. Once non - compliance is estab- lished the following procedure shall be initiated: 1. COUNTY HCD Program Manager and CITY Manager shall negotiate a time frame and course of action for correcting the non - compliance; 2. Under this Agreement, CITY shall provide COUNTY with a written plan and time frame for correcting the non- compliance issue (s). Such plan shall be submitted by CITY to COUNTY within thirty (30) days of the initial non - compliance meeting between CITY and COUNTY. 3. CITY must initiate the 7 corrective action procedure within sixty (60) days of the initial non- compliance meeting between the COUNTY HCD Program Manager and the CITY Coordinator (COUNTY, at their discretion, may extend this time line for extenuating circumstances); 4. COUNTY shall have the right to require the presence of CITY.officers at any hearing or meeting called for the purpose of considering corrective action; and 5. CITY has the right to appeal all findings of non- compliance, and subsequent corrective action, with both the COUNTY Board of Supervisors and HUD. D. Termination for Cause. Notwithstanding anything to the contrary contained in the foregoing, COUNTY may terminate or suspend this Agreement by written notice to CITY if: 1. The non- compliance issue(s) have not been addressed and resolved within the aforementioned corrective action plan time period; 2. If CITY is in bankruptcy or receivership; 3. If a member of CITY'S management is duly found to have committed wrongful acts in connection with the CDBG program (termination or suspension shall be applied only to that portion of the CDBG program for which the person who committed wrongful act is responsible); 4. If there is reliable evidence that CITY is unable to operate the•PROGRAM. Suspension of payment or termination under this section shall be effective on the date notice of termination is received by CITY, or such later date as may be specified in the notice. VI. PROGRAM COORDINATION. A. COUNTY. The County Executive shall assign a single'PROGRAM MANAGER for COUNTY who shall render overall supervision of the progress and performance of this Agreement by COUNTY. All services agreed to be performed by COUNTY shall be under the overall direction of the PROGRAM MANAGER. B. CITY. As of the date hereof, CITY has designated to serve as CITY CDBG Program Coordinator, and CITY MANAGER (or assignee approved by the CITY Council) to assume overall responsibility for the progress and.execution of this Agreement. The COUNTY shall be immediately notified in writing of the appointment of a new CITY CDBG Program Coordinator, or a new CITY Manager (or assignee approved by the CITY Council). F •C. NOTICES. All notices or other correspondence. required or contemplated by this Agreement shall "be sent to the parties at the following addresses: COUNTY Housing and Community Development Program c/o Charles Chew, HCD Program Manager 1735 North First Street, Suite 265 San Jose, CA 95112 CITY Name of CITY Address of CITY Name of CITY MANAGER All notices shall either be hand delivered or sent by United States mail, registered or certified, postage prepaid. Notices given in such a manner shall be deemed received when hand deliv- ered 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. TERMINATION A. In addition to the COUNTY'S right to terminate for cause set forth in Section V, either COUNTY or CITY may suspend or terminate this Agreement as provided for in 24 CFR 5701 at Subpart J "Grant Administration ", and/or. 24 CFR 85.44 "Termination for Convenience ". Provisions of the Realloca- tion.Guidelines will apply, but may be adjusted if termina- tion is for cause. B. Upon termination, either under this Section VII or Section V, CITY shall: 1. be paid for all documented services actually rendered to COUNTY to the date of such termination; provided, however, COUNTY shall be obligated to compensate CITY only for that portion of CITY'S services which are allowable costs and expenses as determined by an audit or other monitoring device; ti 2. turn over to COUNTY immediately any and all copies of studies, reports and other data, whether or not com- pleted, prepared by CITY.or its subcontractors or subrecipients, if any, in connection with this Agree- ment. Such materials shall become property of COUNTY. CITY, however, shall not be liable for COUNTY'S use of completed documents if used for other than the services contemplated by this Agreement; and 9 3. transfer to the COUNTY any.CDBG funds on hand and any accounts receivable attributable to the use of CDBG funds. All assets acquired with CDBG funds shall be returned to the COUNTY unless otherwise negotiated by separate agreement per the provisions of the Santa Clara County CDBG REALLOCATION GUIDELINES. C. Upon termination of this Agreement, CITY shall immediately provide COUNTY access to and copies of (if requested) all documents, records, payroll, minutes of meetings, correspondence and all other data pertaining to the CDBG entitlement fund granted to CITY pursuant to this Agreement. VIII. USE AND DISPOSAL OF REAL OR PERSONAL PROPERTY CITY and COUNTY.will be accountable for 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. A. In addition, 24 CFR Part 85 (The Common Rule) includes definitions. under 24 CFR Part 85.3, however, Common Rule 85.31 (Real Property) DOES NOT APPLY TO CDBG ACTIVITIES. The following definitions will apply to this Agreement: B. Definitions. 24 CFR, Part 85 (Common Rule) 85.3 1. Equipment means tangible, non - expendable, personal property having a useful life of more than one year and an acquisition. cost of $5,000 or more -per unit. 2. Title as defined in detail in 24 CFR, Part 85.32 (a). 3. Use as defined in detail in 24 CFR, Part 85.32 (c) (1). 4. Supplies as defined in detail in 24 CFR, Part 85.33. 5. Procurement Use and Disposition of Real Property as defined in detail by 24 CFR, Part 570.503 (Agreements With Subrecipients), 570.505 (Use of Real'Property), and 570.504 .(Program Income). IX. PROGRAM INCOME Income generated by the PROGRAM shall be regulated by all provisions. of 24 CFR 570 Subpart J "Grant Administration ", and the Santa *Clara County CDBG REALLOCATION GUIDELINES. (C. 1. a.- c.) X. INDEPENDENT CONTRACTOR This is an Agreement by and between independent contractors and is not intended and shall not be construed to create the rela- 10 tionship of agent, servant, employee, partnership, joint venture or association between CITY and COUNTY. CITY, including its officers, employees, agents, independent contractors or subcon- tractors, shall not have any claim under this Agreement or other- wise against COUNTY for any Social Security, Worker's Compensa- tion, or employee benefits extended to employees of COUNTY. XI. ASSIGNABILITY A. This Agreement may not be assumed nor assigned to another CITY, CORPORATION, PERSON, PARTNERSHIP or any other entity without the prior written approval of COUNTY. B. None of the work or services to be performed hereunder shall be assigned, delegated or subcontracted to third parties without the prior written approval of COUNTY. Copies of all third party contracts shall be submitted to COUNTY at least ten days prior to the proposed effective date. In the event COUNTY approves of any such assignment, delegation or sub- contract, the subcontractors, assignees or delegates shall be deemed to be employees of CITY, and CITY shall be responsible for their performance and any liabilities attaching to their actions or omissions. The use of the word "employees" in this paragraph is limited solely to activities by those persons described herein, related to the management and potential repayment of the program funds provided for in the Contract. The use of the term here does not create liability for personal injuries, worker's compensation or other forms of liability, obligation or responsibility which flow from employee /employer relationships. XII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION COUNTY and CITY agree to maintain the confidentiality of any information regarding applicants for services offered by the PROGRAM pursuant to this Agreement or their immediate families which may be obtained through application forms, interviews, tests,. reports from public agencies or counselors, or any other source. Without the written permission of the applicant, 'such information shall be divulged only if permitted by law or as necessary for.purposes related to the performance or evaluation of the services and work to be provided pursuant to this Agree- ment, and then only to persons having responsibilities under-this Agreement, including those furnishing services under the PROGRAM through approved subcontracts. XIII. HOLD HARMLESS CITY shall indemnify and hold harmless, the COUNTY, its employees and elected officials, boards and commissions, with respect to any damages, including attorney's fees and court costs, arising from: 1) any negligent act or omission, or willful misconduct 11 arising out of any.work or service performed by CITY, its officers, employees, agents or subcontractors under the PROGRAM or this Agreement, including but not limit- ed to the evaluation and monitoring of subrecipients PROGRAM performance. COUNTY shall indemnify, defend and hold harmless,' the CITY, its employees, officers, officials, boards and commissions, and agents, with respect to any claims, causes of action, or damages, including attorney's fees and court costs,. arising from: 1) the failure of COUNTY to reimburse CITY for eligible 'costs as defined by HUD and this Agreement; and 2), any negligent act or omission, or willful misconduct arising out of any work or service performed by COUNTY, its officers, employees, agents or subcontractors under the PROGRAM or this Agreement. All additional provisions set forth in Exhibits "A" "G", at- tached hereto and incorporated herein by this reference, e.g. Insurance "G", shall be required by CITY of all its program recipients. XIV.. WAIVER OF RIGHTS AND REMEDIES In no event shall any payment by COUNTY constitute or be construed to be a waiver by COUNTY of any breach of the covenants or conditions .of this Agreement or any default which may then exist on the part of CITY, and the making of any such payment while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to COUNTY with respect to such breach or default. In no event shall payment to CITY by COUNTY in any way constitute a waiver by COUNTY of its rights to recover from CITY the amount of money paid to CITY on any item which is not eligible for payment under the PROGRAM or this Agreement. XV. NONDISCRIMINATION In connection with the performance of this Agreement, CITY assures that no person shall be subject to discrimination because of sex, race, religion, ethnic background, sexual preference, age, handicapped status, or union activity. XVI. AMENDMENTS Amendments to the terms or conditions of. this Agreement shall be requested in writing by the party desiring such amendments, and any such amendment shall be effective only upon the mutual Agreement in writing of the parties hereto. XVII. INTEGRATED DOCUMENT This Agreement, in conjunction with the Santa Clara County CDBG 12 Joint Powers Agreement, contains the entire Agreement between COUNTY and CITY with respect to the subject matter hereof. No written or* oral Agreements, other than the Santa Clara County CDBG Joint Powers Agreement, with any officer-, agent or employee of COUNTY prior to execution of this Agreement shall affect or modify any of the terms of obligations contained in any documents comprising this Agreement. XVIII. ATTORNEY'S FEES In the event it becomes necessary for any party to obtain legal counsel to enforce the terms of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. XIX. MISCELLANEOUS A. The captions of this Agreement are for convenience of reference only, and the words contained therein shall in no Way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. B. All exhibits attached hereto and referred to in this Agree- ment are incorporated herein by this reference as if set forth fully herein. IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate the day and year above written. ATTEST: Phyllis A. Perez Clerk, Board of Supervisors APPROVED AS.TO FORM AND LEGA'LI^T,Y,: I , Deputy County Counsel APPROVED AS TO FORM:, City Attorney jc.contractsl0 /92rev.8/4/94 COUNTY OF SANTA CLARA Chairperson, Board of Supervisors CITY By: 13 �— 6513.01 Exhibit 4 -2 COMMUNITY DEVELOPMENT BLOCK GRANT GRANTEE CERTIFICATIONS In accordance with the Housing and Community Development Act of 1974, as lock Grant regulations, 570.303 of the regulations, thegrantee certifies Development nt Block that: (a) It possesses legal authority to make a grant submission and. to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to. submit the final statement and amendments thereto and all understandings and assurances contained therein, and directing and authorizing the person identified.as the official representative of the grantee *to act. in. connection with the submission of the final statement and to provide such additional information as may be required; (c) Prior to submission of its final statement to HUD, the grantee has: 1. diet the citizen participation requirements of S570.301(b); 2. Prepared its final statement of community development objectives and projected use of funds in accordance with S570.301(c) and made the final statement available to the public'; (d) It is following a detailed citizen participation plan which: 1. Provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of slum and blighted areas and of areas in which funds are proposed to be used, and provides for participation of residents in low and moderate income neighborhoods as defined by the local jurisdiction; 2. Provides citizens with reasonable and timely access to local meetings, information, and records relating to, the grantee's proposed use of funds, as required by the 1 9/92 b5ij.ul Exhibit 4 -2 regulations of the Secretary, and relating to the actual use of funds under the Act; 3. Provides for technical assistance to groups representative of perBOwdevelopingapropoeals that request such assistance in with'the level and type of assistance to be determined. by the grantee; 4. Provides for.publ'ic hearalesand obtain and to respond to propos g of the community development program, including at least the development of needs, the review of proposed activities, and review of program performance, which hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped; 5, Provides for a timely written tdays where complaints and grievances, within 15 working practicable; and 6. Identifies how the needs ofnofis speaking rings residents will be met in th e case public where n signifbe -reasnumber bly expectedgtospartic pate; residents can (e) The grant will be conducted and administered in compliance with % 1, Title VI of the civil Rights Act )ofa1964 (Public Law 88 -352, 42 U.S.C. 520 _____se_S 2. The Fair Sousing Act (42 U.S.C. 3601 -20); (f) It will affirmatively further fair housing; (g) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight; (the final statement.of projected.use of funds may also include activities ;which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious an immediate threat to the health or welfare of the community, 2 9/92 1`— 6513.01 Exhibit 4 -2 and other financial resources are not available); except that the aggregate use of CDBG funds received under.section 106 of the Act, and if applicable, under section 108 of the Act, during program year(s) 1994 .1995 (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that not less than 70 percent of such funds are used for activities that benefit such persons during such period; (h) It has developed a community development plan, for the period specified in paragraph (g) above, that identifies community development and housing needs and specifies both short and long -term community development objectives that have been developed in accordance with the primary objective and requirements of the Act; (i) It is following a current comprehensive housing affordability strategy (CHAS) which has been approved by EVD pursuant to $570.306 and Part 91, and that any housing activities to be assisted with CDBG funds will be consistent with the CHAS; (j) It will not attempt to recover any capital 'costs of public improvements assisted in whole or in part with funds provided under section 106 of the Act or with amounts resulting from a guarantee under section 108 of the Act by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: 1. Funds received under section 106 of the Act are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under Title I of the Act; or 2. For purposes. of assessing any amount against properties owned and occupied by persons of moderate income, the grantee certifies to the Secretary that it lacks sufficient funds received under section 106 of the Act to comply with the requirements of subparagraph (1) above; 3 9/92 Exhibit 4 -2 (k) Its notification, inspection, testing and abatement procedures concerning lead -based paint will comply with 5570.608; (1) It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970•1 as amended, as required under 5570.606(b) and Federal implementing regulations; and the requirements in 5570.606(c) governing the residential antidisplacement and relocation assistance plan under section 104-(d) *of the Act (including a certification that the grantee is following such a pla.n); and the relocation requirements of 5570.606(d) governing optional relocation assistance under section 105(x)(11) of the Act; (m) It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its urisdiction against any individuals engaged in non -v olent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to.or exit from a facility or location which is the sub�ect of .such non - violent•civil rights demonstrations within its jurisdiction; (n) To the best of its knowledge and belief: 10 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 of 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 . 9/92 . 4 ` 6513.01 • Exhibit 4 -2 any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and.submit Standard Form -LLL, "Disclosure Form to Report Lobbying,' in accordance with its instructions; and 3. It will require that the language of paragraph (n) of this certification be included in the award documents for all subawards at all tiers '(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly; (o) It will.or will continue to provide a drug -free workplace by: 1. Publishing a statement notifying employees that the. unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug -free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug -free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee.to be engaged in the performance of the ,grant be given a copy of the statement required by paragraph 1; 5 9/92 Exhibit 4 -2 4, Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the ::orkplace no later than five calendar days after such convictions 5, Notifying the agency in writing, within ten calendar days after receiving otherwise under receivi subparagraph receiving notice from an employee or of such conviction.. Employers of convicted employees in must provide notice rdesigne position l t designee on activity grant officer or the convicted employee was working, unless the Federal agency has designated a central point for the'receipt of such notices. Notice include the grant; identification number(s) 6. Taking one of the following actions, within days of receiving notice under subparagraph respect to any employee who is so convicted personnel action against such and including termination, requirements of the of 1973, as amended; or (a) Taking appropriate an employee, up to consistent with th e 30 calendar 4(b), With • Rehabilitation Act (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation progr oaproved for suchw purposes by a Federal, State, or local enforcement, or other appropriate agency; 7, Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs 1; 2, 31 41 5 and 6. 6 9/92 I' 6513.01 • Exhibit 4 -2 8. The grantee may insert in the space provided below the sites) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) COUNTY OF SANTA CLARA 735 NORTH FIRST STREET, SUITE 265 SAN SE, CA 95112 Check if there are workplaces on file that are not identified herel and (p) It will comply with the other provisions of the Act and with other applicable laws. � D Signatur a e ACTING COUNTY EXECUTIVE Title 7 9/92 Exhibit 4 -2 APPENDIX TO CDBG CERTIFICATIONS IN CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS J t A. B. T ObbY� il•, r °r�{ f cation - PAK ggr*Rh n This certification is a material representation of fact upon which reliance was place when seionhis transaction was made or entered into. certification is a prerequisite for making or entering into this transaction imposed by section 13521. title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ ll , than $1001000 for each such failure. n,-t,a Free Work�� ace Certification - Paxagraph_4 1. By signing and /or submitting this application or grant agreement, the g providing the certification set out in paragraph (o). 2. The certification set out inpargrp is a material representation of fact upo n which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise vaAct the to any other Free Workplace remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. 36 For grantees other thaThisdisithelinformation Alternate I applies. to which entitlement grantees certify). 4. For grantees who are individuals, Alternate II applies. (Not. applicable to CDBG Entitlement grantees.) 5. Workplaces under grants, for grantees other than individuals, need not be identified on tthe certification. If known, they may be 'identified in the grant application. If the 9/92 6 6513.01 Exhibit 4 -2 grantee does not identify the workplaces at the time of application, or upon award, if ;.here is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug -free workplace requirements. 6. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment-office, performers in concert halls or radio stations). 7. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph. five). 8. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: 'Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C.812) and as further defined by regulation (21 CPR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contend ere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes;. 9 9192 Exhibit 4 -2 "Criminal drug statute' means a Federal or non - Federal criminal statute disinvolving use, manufacture, distrib utionrolled substance] or possession of any cont "Employee' means the'employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are not on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even 'if used 'to meet a matching requirement; consultants or independent contractors not oh .the grantee's payroll; or'employees of subrecipients or subcontractors in covered ;workplaces). 9/92 10 EXHIBIT F ASSURANCES. CITY hereby assures and certifies that it will comply with all regulations, policies, guidelines and require- ments applicable to.the acceptance and use of Federal funds for this Federally- assisted program. Specifically CITY gives assur- ances 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- 284.11: 1. . 570.601 Public Law 88 -352 and Public Law 90 -284; af- firmatively furthering fair housing; Executive Order .11063, as amended by Executive Order 12259 addresses discrimination. HUD regulations implementing Executive order 11063 are contained in 24 CFR, Part 107. 2. 570.602 Section 109 of the Act addresses discrimina- tion. 3. 570.603 Labor Standards. 4. 570.604 Environmental Standards. 5. 570.605 National Flood Insurance Program. 6. 570.606 Relocation, Displacement and Acquisition. 7. 570.607 Employment and Contracting Opportunities. 8. 570.608 Lead Based Paint. 9. 570.609 Use of Debarred, Suspended, or Ineligible Contractors or Subrecipients. 10. 570.610 Uniform Administrative Requirements and Cost Principles. The COUNTY, its subrecipients, agencies or instrumentalities, shall comply with the policies, guidelines, and requirements of 24 CFR, Part 85, and OMB Circulars A -87 (Cost Principles for State and Local Governments), A- 110'(Grants and Agreements with Non- Profit Organizations), A -122 (Cost Principles for Non - Profits), and A -128 (Audits of State and Local Govern- ments- implemented at 24 CFR Part 24), 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. 14 12. 570.612 Executive Order 12372 allows States to estab- lish 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. 15 11 EXHIBIT "G" BASIC INSURANCE REQUIREMENTS FOR NON - CONSTRUCTION /NON - PROFESSIONAL SERVICES CONTRACTS Definition of Contractor: The Contractor as the word is. used herein is the party contracting with the County of Santa Clara for the direct distribution of CDBG funds. If the contractor (the City) will not use the funds directly, but will distribute them to a subrecipient (i.e., non - profit organization) to under - take .a Program (as defined in this city /county contract) then the requirements set forth herein shall be complied with by the subrecipient /non - profit for the protection of both the City and the County. Insurance coverage must be provided to protect the County by both the non - profit and the City. Indemnity The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County "), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with performance of this Agreement by Contractor and /or its agents, employees or subcon- tractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of-personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor is obligated to indemnify, defend and hold harmless the County under this Agreement. Insurance Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions: A. Evidence of Coverage Prior to commencement of this Agreement, the Contractor shall provide on the County's own.form or a form approved by the County'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 the Agreement. The County's Special Endorsement form shall accompany the certificate. Individual endorsements executed by the insurance carrier maybe• substituted for the County's Special Endorsement form if they provide the coverage as required. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request. 1 This verification of coverage shall be sent to the address as shown on the County's Certificate of Insurance form. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance. required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor. B. Notice of Cancellation or Change of Coverage Insurance afforded by this policy shall not be cancelled or changed so as to no longer meet the herein specified County insurance requirements without 30 days.' prior written notice of such cancellation or change being - delivered to the County of Santa Clara at the address shown on the Certificate of Insurance. C. Qualifying Insurers 1. All coverages, except surety, shall be issued by compa- nies 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, or a company of equal financial stability that is approved by the County's Insurance /Risk Manager. 2. Surety coverage (including bid, performance and payment bonds) shall be required as follows: a. For projects in excess of $250,000: 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. •o 2. An admitted surety insurer which complies with the provisions of the Code of Civil Procedure, Section 995.660 *. Ar 3. In lieu of 1 & 2, a company of equal financial size and stability that is approved by the County's Insurance /Risk Manager. 2 rpm b. For projects under $250,000: 1. A California Admitted Surety OR a current Treasury Listed Surety (Federal Register); and either a current A.M. Best B rated Surety OR a current Standard and Poors (S &P) rating of B B M 2. An admitted surety insurer which complies with the provisions of the Code of Civil Procedure, Section 995.660 *. M 3. In lieu of 1 & 2, a company of. equal financial size and stability that is approved by the County's Insurance /Risk Manager. 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 occur- rence. 90 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 *California Code of Civil Procedure Section 995.660 in summary, states that an admitted surety must provide:l)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 Au- thority isslied by the Insurance Commissioner;3)a certificate from County Clerk of Santa Clara County that Certificate of Authority has not been surrendered, revoked, cancelled, annulled, or sus - pended;4)a financial statement showing the assets and liabilities of the insurer at the end of the quarter calender year, prior to 30 days next preceding the date of the execution of the bond. 3 If coverage is provided under a Commercial General Liability Insurance form; a minimum of 50% of each of the aggregate, limits must remain available at all times. If over 50% of any aggregate limit has been paid or reserved, the County may require additional coverage to be purchased by. the Contractor to restore the required limits. The Contractor shall also notify the County Project Manager 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. 3. For either type 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 County. C. Contractual Liability expressly including liabili- ty assumed under this Agreement 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 insurance, coverage shall include the following endorsements copies of which shall be provided to the County: a. Additional Insured Endorsement: Insurance afforded by this policy shall also apply to the County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents and employees of the County of Santa Clara, individually and collec- tively, 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 County of Santa Clara, its. officers, agents, and-employees shall be excess only and not contributing with insurance provided under this policy. 4 C. Notice of Cancellation or Change of Coverage Endorsement: Insurance afforded by this policy shall not be cancelled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara at the address shown on the Certificate of Insurance. d. Contractual Liability Endorsement: Insurance afforded by this policy shall apply to liability assumed by the insured under written contract with the County'of Santa Clara. e. Personal Injury Endorsement: It is agreed that.this policy provides Personal Injury coverage. f. Severability of Interest Endorsement: It is agreed that this policy provides coverage 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. Claims Made Coverage - If coverage is written on a claims made basis, the Certificate of Insurance shall clearly state so. In addition to coverage requirements above, such policy shall provide that: a. Policy retroactive date coincides with or precedes the Contractor's start of work (including subsequent policies purchased as renewals or replacements). b. Contractor will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the.requirement of adding all additional insureds. C. If insurance. is terminated for any reason, Contractor agrees . to purchase an extended reporting provision of at least two years to report claims arising from work_ performed in connection with this Agreement or Permit. d. Policy allows for reporting of circumstances or incidents that might give rise to future claims. 5 6. Comprehensive Automobile/Aircraft /Watercraft Liability Insurance for bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,600) combined single limit per occurrence applicable to all owned, non -owned and hired vehicles /aircraft /watercraft. Part or all of this requirement may be waived by the County if it determines there is no significant risk exposure. All requests for such waivers must be submitted to the County in writing. 7. Worker's Compensation and Employer's Liability Insurance for: a. Statutory California Workers' Compensation cover- age 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 opera- tions under this Agreement. C. Inclusion of the County and its governing board(s), officers, representatives, agents, and employees as additional insureds, or a waiver of subrogation. d. Coverage under the United States Longshoremen's and Harbor Worker's Act shall be provided when applicable. 8.- Special Provisions The following provisions shall apply to this Agreement: 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 County.or its insurance consultant(s) are not intended to and shall not in any manner limit, or qualify the liabilities and obligations other- wise assumed by the Contractor pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. b. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self- insurance on the part of the Contractor. However, this shall not in any way • limit liabilities assumed by the Contractor under this Agreement. Any self- insurance shall be approved in writing by the County. C. C. Should any of the work under this Agreement be sublet, the Contractor shall require each of its subcontractors of 'any tier to carry the aforemen- tioned coverages, or Contractor may insure subcon- tractors under its own policies. d. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above. Bond Requirements A. Contract Bonds - Prior to execution of the Contract, Contractor shall file with the County 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 County, and Contractor shall pay all premiums and costs thereof and incidental thereto. Each bond shall be signed by both Contractor and the sureties. 1) 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 County, and until all claims for materials and labor have been paid. 2) The "performance bond" shall be in an amount of one hundred percent (100 %) of the Contract price as determined from the prices in the bid form. and shall insure the faithful performance by Contractor of all work 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 County notice will be given Contractor to that effect, and Contractor shall forthwith substitute a new surety or sureties satisfactory to the County. No further payment shall be deemed due or will be made under the Contract until the new sureties qualify and are accepted by the County. 7 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. B. Fidelity Bond - Before receiving compensation- under this Agreement, Contractor will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, 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 County. cited herein. If such bond is cancelled or reduced, Contractor will notify County immediately, and County may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of the County. jc.contractsl0 /92 insurnce.chg 8/12/94 L SARATOGA CITY COUNCIL c EXECUTIVE SUMMARY NO. ®� AGENDA ITEM �7 MEETING DATE: October 5, 1994 CITY MGR. APPROVAL/ ORIGINATING DEPT. City Manager's Office Paula Reeve, Public Services Assistant SUBJECT: Public Safety Commission Recommendations on Crossing Guards Priority List and School Safety Report CT 6C)q o Recommended Motion: Adopt the Recommendations in the .Report as presented. Report.Summary: During the 1994 joint meeting of the Saratoga City Council and the Public Safety Commission (PSC) , the /Council directed the PSC to develop a list of priority crossing guard locations and to study the safety of children traveling to and from school in Saratoga. The PSC produced a priority list of crossing guard• locations which was adopted by the City Council at the August 3, 1994 meeting. The PSC is now submitting an additional report recommending a comprehensive approach to school safety. The report provides suggestions on how the schools, schools districts and the City can work together to establish and implement an ongoing crossing guard and safety plan. These recommendations include: 1) Employ adult crossing guards as listed in Exhibit A, (2) Each spring schools in Saratoga will establish a safety committee and develop a suggested route to school to be approved by the City before crossing guards are funded in the fall, (3) The City will use State Guidelines and current safety considerations and work cooperatively with the schools to develop recommendations for employing crossing guards and reviewing pedestrian walkways, and (4) Beginning in the fall of 1995, the schools will be asked to pay for 1/2 of the salary for each required crossing guard. The City will contribute 1/2 matching funds up to a maximum of $2,500 per position, and up to a maximum of $25,000 per year. The City is currently funding five crossing guard positions. Each guard costs the City $5,000 per year. Having the schools contribute 1/2 of the cost for each crossing guard will allow twice as many positions to be funded. Fiscal Impacts Crossing guard salary costs are included in the 94/95 budget. Conseauences of Not Acting on Recommended Motion: Changes will not be made to the current program. Follow -up Actions: Staff will work with the schools to implement the program. Attachments: Proposed Crossing Guard and School Safety Report. 4 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 867 -3438 COUNCIL MEMBERS: Ann Marie Burger Paul E Jacobs Gillian Moran Karen Tucker September 8, 1994 Donald L. Wolfe To: Mayor Ann Marie Burger and Members of the City Council City Manager Harry Peacock From: Saratoga Public Safety Commission Subject: Safety of Saratoga Children Traveling to and from Elementary Schools Located Within Saratoga INTRODUCTION At the 1994 joint meeting of the Saratoga -City Council •and the Saratoga Public Safety Commission (PSC), the City Council requested that the. PSC ,study. the safety of elementary school children traveling to and from school. At that time the City Council was considering the number of adult crossing guards required. In May 1994, the PSC requested a more specific definition of the above request. The City Manager responded and requested that the PSC give the City Council a recommendation of where crossing guards. might be beneficially located, that these recommended locations be arranged in order of priority, and that. the 'task, be completed by August 1994. The purpose of this report is to respond to the two requests listed above. SUMMARY Exhibit A lists-in order of priority the locations where the PSC feels the schools and the City should consider the employment of adult crossing guards. The report also provides recommendations on how the Schools, School Districts and the City can establish an ongoing and lasting joint operational arrangement to .optimize and enhance School Area Pedestrian Safety. Printed on recycled paper. RECOMMENDATIONS 1. That adult crossing guards be employed as listed in Exhibit A to the extent possible with available funding. 2. That each spring schools in Saratoga should establish an ongoing School Area Safety Committee and develop a "Suggested Route to School." This route is to be reviewed by the Committee during the spring and approved by the City before crossing guards are funded in the fall. 3. That the City Council adopt Standards and Warrants for use in locating school crosswalks, the employment of adult crossing guards, and the provision of walkways in the vicinity of elementary schools. 4. That the Public Works Director analyze the "Suggested Routes" proposed by the school committees for possible conflicts with traffic and implement suitable traffic and pedestrian controls and walkways in accordance with the Standards and Warrants. 5. That the schools sponsor fund raising activities to pay for 1/2 of the salary of each required adult crossing guard. Beginning in the fall 1995, the City will contribute 1/2 matching funds up to a maximum of $2500 per position. The total number of positions funded will depend on FY 95 -96 budget allocations. DISCUSSION The State of California Department of Transportation has issued a bulletin on the. subject of "School Area Pedestrian Safety." The methods recommended by this bulletin were used to formulate some of the recommendations listed above. The following text summarizes matters considered by the PSC in working on this project. An important point to be made is that a consistent approach to school area traffic controls must be employed throughout the City to promote uniform behavior on the part of vehicle operators and pedestrians. The process of enhancing School Area Pedestrian Safety involves both the Schools and the City. Because of changing school enrollment, city development, changing traffic patterns, etc., this process is dynamic. Therefore, the effort of these two agencies must be coordinated each school year. Field studies should also be conducted at least once each school year to monitor and evaluate the effectiveness of the program. 2 Currently school area and pedestrian safety is addressed only when an accident or a complaint is received by either the school or the City. The lack of an on -going comprehensive plan sometimes results in making changes and instituting inconsistent controls which are costly and ineffective. There are forty -five school crosswalks in Saratoga which cost approximately $400 to establish, and each requires $150 annual maintenance. SCHOOL RESPONSIBILITIES The State guidelines recommend that each school in a District establish an organization concerned with safety of students in route to and from school.. Membership in this organization should include both school staff and parents. Some Saratoga Schools currently have Safety Committees. These committees should be charged with the following responsibilities: 1. Develop cooperatively with City officials a "Suggested Route to School Plan" taking into consideration existing traffic controls, the age of the children, the availability of sidewalks or pathways, grouping of children, etc. The objective is to funnel the children toward a safer route which requires fewer traffic controls, takes better advantage of existing controls and facilitates monitoring and enhancement of safety measures including student conformance. 2. Instruct the students to use the "Suggested Route." Publicize it to all the parents and encourage their support. 3. Conduct periodic field reviews of the plan to assure that the plan is being used. Report unsafe activities by students to the school staff. Recommend revision or addition of traffic controls to the City. CITY RESPONSIBILITIES The City traffic authorities should investigate locations along the "Suggested Route" where pedestrian/ vehicle conflicts may occur and recommend control measures utilizing criteria and standards formally adopted by the City Council. Based on these accepted standards, the City should examine the following on an annual basis: 3 1. The maximum delay to students at uncontrolled crossings. 2. Whether an adequate crossing gap in approaching traffic occurs randomly. RECOMMENDATION ON THE EMPLOYMENT OF.ADULT CROSSING GUARDS In order to study the matter of employing adult crossing guards and recommending their location, the PSC first talked with the school districts and obtained their permission to consult with each School Principal in Saratoga. A survey letter was prepared as shown in Exhibit B, and then hand delivered to each principal. The main objective of this survey was to get each principal's opinion and their priority on placement of crossing guards near their school. An estimate of 1994 -95 school attendance and the percentage of students arriving by car was also requested. All schools responded, except one. It should be noted that at most schools a very high percentage of students arrive by car. It is possible that improved safety conditions may'lower this percentage. The results of the survey are presented in Exhibit C. Since the request to the PSC required that a citywide priority be established, the PSC carefully considered and compared all the locations requested by the schools. Based on their experience with traffic and pedestrian problems, the PSC arranged a new composite list and order of priority. In some cases the PSC did not include the school principal's request because it was close to an adjacent crossing guard location, or in the opinion of the PSC (without analysis) , the crossing would not be justified by State Warrant Guidelines. Volume and speed of auto traffic weighed heavily in these decisions. At Saratoga - Sunnyvale /Carniel Ave., a four lane undivided highway, the PSC felt that the traffic was so heavy and fast that a crossing guard and pedestrians should be protected by a traffic signal. In absence of a traffic signal, a guard should not be employed at this location. However, long range City plans include installing a traffic signal in the vicinity. It should be noted that the PSC added one crossing at Saratoga Avenue at Herriman. This crossing is not mentioned in the Principals' survey, but because of previous complaints to the Public Safety Commission from citizens regarding auto traffic and speed, this crossing was added as a priority to the recommendations. 4 Exhibit A shows the locations for adult crossing guards in order of priority which the PSC feels the City should consider. PEDESTRIAN WALKWAYS In considering School Area Pedestrian Safety, the PSC felt that the City should give more attention and priority to providing safe pedestrian walkways. The State guidelines provide standards for Pedestrian Walkways on routes to school. It is the opinion of the PSC that the City should study the condition and adequacy of walkways and take remedial action to upgrade those which do not meet state guidelines or where student pedestrians might be endangered by fast moving bikes or motor vehicles, such as the two lane portion of Saratoga Ave. This portion is used by students going to the Saratoga Library, St. Andrew's School, and Sacred Heart School. There is a walkway on only one side of the street and children must walk in the bike lane in several sections because the walkway is in such a state of disrepair. FUNDING OF ADULT CROSSING GUARDS In the course of discussing the above subjects a suggestion was made that the schools consider using some of their School Activities Support money provided by the PTA and /or Home and School Clubs to fund the employment of adult crossing guards. The PSC felt this was a worthwhile suggestion and that Schools must consider this use when setting priorities for the expenditure of these funds. . WARRANTS FOR EMPLOYING ADULT CROSSING GUARDS AND CRITERIA FOR PEDESTRIAN WALKWAYS The City will use State Guidelines and current safety considerations to develop recommendations for employing adult crossing guards and pedestrian walkways. 5 EXHIBIT A PSC SUGGESTED CROSSING GUARD LOCATIONS (IN ORDER OF PRIORITY) 1. Saratoga Ave. and Fruitvale Ave. (2 guards) 2. Fruitvale Ave. and Allendale Ave. 3. Saratoga Ave. and Herriman Ave. 4. Quito and Pollard Road 5. Oak Street at student drop off area. 6. Reid Lane and Lynde 7. DeSanka and Knollwood 8. Cox at Cumberland 9. Scotland and Shadow Mt. Note: Saratoga /Sunnyvale Road at Carniel would have ranked high on this list, but without a traffic signal light, the crossing is not a suitable location to place a crossing guard. P• EXHIBIT B Cv� , seam 13777 FRUITVALE AVENUE • SAR.ATOGA, CALIFORNIA 95070 • (408) 867 -3438 COUNCIL MEMBERS: Date: June 17, 1994 Karon Anderson Ann Marie Burger Willem Kohler To: Jan Petty, Principal,- Marshall Lane School VrctorAlonla Karen Tudor From: . The City of Saratoga Public Safety Commission Subject: Planning for 1994 -1995 School Crossing Guards The Saratoga City Council has asked the Public Safety Commission to recommend the number and location of adult school crossing guards for the 1994 -1995 school year. Since the number will be limited by available funds, the task also includes setting priorities. The Public Safety Commission urgently needs your assistance in this matter, which we all recognize is critical to student safety. We need the benefit of your knowledge of your specific location and the student to and from school travel patterns. We know how busy you are at the end of the year, therefore we have tried to limit the information requested and to simplify your response method. Time is of the essence in that the task must be reviewed and completed by August. Your superintendent has given permission for us to communicate directly with you on this matter. 1. Refer to the enclosed map and identify each of the intersections used by your students that you feel should have an adult crossing guard. Identify each crossing with a number. 2. Fill in the chart below relative to each number assigned above. Intersection # Priority Student Traffic Auto Traffic (1 =highest) Including Bikes (Hi, Moderate, Low) (Approx. or Range) 4 3. Estimated school attendance in 1994 -95 is: Estimated percentage who arrive by car: Please place the map and this sheet in the enclosed self addressed stamped envelope and drop it in the mai: WE URGENTLY NEED YOUR RESPONSES BY JUNE 30, 1994. MANY THANKS FOR HELPING US WITH THIS IMPORTANT PROJECT EXHIBIT C SCHOOL PRINCIPAL'S CROSSING GUARD SURVEY RECOMMENDATIONS AND PRIORITIES School f % Arriving Crossi n Redwood 680 50-.60 Fruitvale & Allendale Fruitvale & Saratoga Ave St. Andrews 450 95+ Fruitvale & Saratoga.Ave Sacred Heart 290 90 Saratoga Ave a Sacred Heart Fruitvale & Saratoga Ave Oak Street 325 95 Oak Street (Traffic) Foothill Reid & Lynde Blue Hills 475 50 Carmel & Saratoga/Sunnyvale De Sanka & Knollwood Merida & Carol Lane Argonaut 546 80 Scotland & Saratoga Ave Cumberland & Cox Scotland & Shadow Mt. Marshall 450 25 Pollard & Quito Lane 1 .2 1 1 2 1 1 1 2 3 1 2 3 1 '__IV �w F d r° SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 2—S 03 AGENDA MEETING DATE: October 5, 1994 CITY MGR. ITEM 4 APPROVAL ORIGINATING DEPT. City Manager's Office Paula Reeve, Public Services Assistant 6.l o3a SUBJECT: Santa Clara County Operational Area Disaster Response and Recovery Organization Interim Agreement Recommended Motion: Authorize the City Manager to execute the Agreement on behalf of the City. Report Summary: During 1992 and 1993, the Santa Clara County Emergency Manager's Association and the County Office of Emergency Services participated in a state and federal sponsored Operational Area Satellite Information (OASIS) grant project. The purpose of this project was to develop an emergency information management system using satellite communications equipment in combination with local disaster response. By participating in this project, the cities within Santa Clara County were organized into an Operational Area. Petris SB 1841 and Government Code section 8607a require Standardized Emergency Management System (SEMS) agreements for Operational Areas.to be developed and in place by December 1, 1995. In response to this legislation, the Santa Clara County Emergency Manager's Association has developed a follow -up interim disaster response and recovery organization agreement. This Interim Agreement is limited to disaster response and recovery coordination of intelligence information, mutual aid requests, and resource management. Acting County Executive George Newell informally presented the agreement at the June 8, 1994 City Manager's Meeting. The Santa Clara County Emergency Preparedness Council voted unanimously during the July 7, 1994 meeting to endorse and recommend the Interim Agreement. Fiscal Impacts• None. Consequences of Not Actinq on Recommended Motion: The Operational Area will not be in compliance with the legislation. Attachments: 1. Letter to the City Manager from the Emergency Managers' Association Chair 2. Interim Agreement Members Campbell Cupertino. Gilroy ; Los Altos Los Altos Hills Los Gatos,' Milpifas . Morgan Hill Monte Sereno Mountain View Palo Alto San Jose Santa Clara Santa Clara Co. Saratoga, Sunnyvale ssociat Members:' American Red Cross, Palo Alto Chapter . American Red Cross, Santa Clara Valley Chapter ARES /RACES xSJX . NASA Ames NAS Moffett Field San Jose State University Santa Clara Valley Water District SLAC August 8, 1994 Ub 1 IV 4 Harry R. Peacock, City. Manager 2; Ax� 11'00"A City of „Saratoga CITY lEj NAG' > 13777 Fruitvale Avenue Saratoga, :CA 95070 Dear Mr.' Peacock During .1992 and 1993, the., Santa-, Clara- County Emergency. Manager's , Association -and the County. Office' of- Emergency Services participated in A a state and federal sponsored Operational- Area Satellite- Information System° (OASIS) grant project to develop an emergency information management system using satellite communications equipment in combination with local disaster response procedures: The new procedures outline the way cities* and counties work together to deal with `major disasters or emergencies. They are designed to overcome the serious delays .often encountered in collecting, compiling and exchanging disaster information. and. requests for assistance. Petris SB 1841 and Government Code section 8607a require Standardized Emergency. Management System (SEMS) agreements for Operational Areas be developed and in place•.by ' December 1, 1995. Operational Areas must also agree to use the Standardized Emergency Management System •(SEMS) and the. Incident Command ,System to manage disaster -response and 'recovery. operations. _ The Santa Clara. County,-Emergency Manager's Association has .developed a follow -up draft, interim. disaster. response and recovery . organizational agreement. It. was informally presented .by Acting -County Executive George Newell at the June 8;, 1994 City - Managers's'Meeting. The Santa Clara.. County Emergency -Preparedness' Council: voted ' unanimously during its July 7, 1994 me eeting to endorse • and. recommend the Interim. Agreement. a The Interim Agreement is limited to disaster response and recovery coordination of disaster intelligence information, mutual aid requests, and resource management. It provides legitimate closure to the Operational Area Satellite Information System (OASIS) Standard Operating Procedures and guidelines developed in May 1993 by representatives of each of the fifteen cities and the county. Reference material is attached explaining the Operational Area concept and relevant legislation / regulations. The Santa Clara County Emergency Manager's Association recommends approval of the attached Santa Clara County Operational Area Disaster and Recovery Organization Interim Agreement (6/20/94). If you concur, please make the necessary arrangements for your jurisdiction to formally approve it and return a signed original to the County Office of Emergency Services, 55 West Younger Ave., San Jose, CA 95110, attention Bob Fields, Emergency Services Manager. Please advise us or your Emergency Services Coordinator if you require a specifically formatted signature page for your jurisdiction. Sincerely, Paula Reeve Chairperson cc: City Emergency Services Coordinator Attach.: 1. INTERGOVERNMENTAL PARTNERSHIPS: THE OPERATIONAL AREA CONCEPT IN CALIFORNIA By: Frances E. Winslow, Ph.D. (7/25/94) 2. Proposed Standardized Emergency Management System (SEMS) (4/19/94) 3. SCC Operational Area Interim Agreement (6/20/94)