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Home My WebLink AboutMINUTES - 08101982 - COB BOX 73 I \ THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 26 , 1983 , by the following vote: AYES: Supervisors Fanden, MCPeak, Torlak.son, Schroder . NOES: None . ABSENT: Supervisor Powers . ABSTAIN: None . SUBJECT: APPROVAL OF AMENDMENT AND REALLOCATION OF FUNDS, EIGHTH YEAR (1982-83) COMMUNITY DEVELOPMENT BLOCK GRANT AGREE- MENT, CITY 'OF PLEASANT HILL; ORIGINAL AGREEMENT EXECUTED AUGUST 19, 1982 The Board having heard the recommendation of the Director of Planning that it approve the first amendment to the Eighth Year CDBG agreement in- corporating $15,231 from Contingency and $50,000 from Activity 9-21 Street Improvements increasing the payment limit from $278,978.56 to $344,209.56; IT IS BY THE BOARD ORDERED that the above recommendation is approved and that the Chairman is authorized to execute said agreement. I hereby certify that this Is a true and correct copy of an action taken and entored on the minutes of the Board of Supervisop on the date shown. ATTESTED: J.R. OL .sON, COUNTY CLERK and ex officio Clerk of the Board Deputy Ong: Dept.: Planning Department cc: County Administrator Auditor-Controller County Counsel Contractor AMENDMENT TO PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (County and City of Pleasant Hill) (Eighth Year (1982-83 )Activity 1/26) t SECTION 1. Parties Effective on April 5, 1983 the County of Contra Costa, a political Subdivision of the State of California, hereinafter referred to as the "County", and the City of Pleasant Hill, hereinafter referred to as "Contractor", hereby amend their Eighth Year Agreement entitled "PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" as follows: I. SECTION 2. Alteration 3. Term. The effective date of this Agreement is July 1, 1983 and it terminates March 31, 1984, unless sooner terminated as provided herein, subject to all terms, conditions, and assurances contained or incorporated herein. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement shall not. exceed $344,209.56. II. A PROJECT DESCRIPTION 8-26 Phase II Sherman Wall Completion of Phase II of the Sherman Drive Sound Alteration Wall. The wall will extend from 2244-2202 Sherman Drive. III. B. PROJECT TIME SCHEDULE Work Item Start Date Completion Date Design/Specifications January 1982 May 1982 Advertise Bid July 1983 July 1983 Award August 1983 Construction August 1983 November 1983 IV. C. PROJECT GOALS Contractor shall define project objectives. Project goals will vary depending upon type of project. To construct a soundwall along Sherman Drive to reduce noise levels. Page 2 PROJECT WORK PROGRAM V. H. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: City of Pleasant Hill ACTIVITY NUMBER: 26 3300 N. Main Street BUDGET PERIOD: July 1, 1983-March 31,1984 Pleasant Hill, CA 94523 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total -$ 26. Soundwall Construction $3449209.56 -0- $3449209.56 - Design Plans/Specification Advertisement Construction Acquisition Misc. e TOTAL $344,209.56 -0- $3442209.56 Notes: (a) Detailed categories pursuant to OMB A-102. (b) Items are eligible to be funded by CDBG funds. (c) Estimate of other necessary expenditures that cannot be funded with CD monies; and indication of anticipated sources. (d) Sum of (b) and (c) above including both Community Development and non- community Development funds. (e) Contra Payment Limit for CD project. Page 3 SECTION 3. Reaffirmance Said July 1, 1982 Agreement, entitled "PROJECT AGREEMENT COMMUNITY DEVELOP- MENT BLOCK GRANT PROGRAM" except as herein-above amended shall remain in full force and effect. COUNTY OF O IFORNIA CONTRACTOR By `l By Lff4rc�rorc Chairman, Board of Supervisors (Designate Official Capacity in Organization) ATTEST: J. R. OLSSON, County Clerk By �� .1� By Deputy Designate Official Capacity in Organization) ' Recomme ded by partment �q Note to Contractor: 1) If a public agency, > designate official capacity in public By agency and attach a certified copy of the //bes.g e, A hony A. ehaesus governing body resolution authorizing the irector Planning execution of this agreement. 2) All others: Execute acknowledgement form above,and if a corporation,designate Form Approval: County Counsel official capacity in business, execute acknowledgement form and affix corpor- ation seal. By D puty (Affix appropriate acknowledgement form) SE:lsw #2A -rr RESOLUTION NO. 59-83 ARE SOLUTION OF THE CITY COUNCIL, CITY OF PLEASANT HILL, AUTHORIZING THE EXECUTION OF THE PROJECT AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF CONTRA COSTA TO IMPLEMENT THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. ar °if�r � The City Council of the City of Pleasant Hill does RESOLVE as foll-ows: Section 1. The Pleasant Hill City Council approves the 1983-84 Fiscal Year Community Development Block Grant Program Project Agreement with the County of Contra Costa to implement Activity 8-26, Sherman Sound Wall Construction, in the amount of $344,209,56, pursuant to the Housing and Community Development Act of 1974, as amended. Section 2. The Community Planning Director is here - by authorized to execute the 1983-84 Year Program Project Agreement with the County of Contra Costa on behalf of the City of Pleasant Hill. Section 3. This Resolution shall become effective immediate- ly upon its passage and adoption. ADOPTED by the City Council at a regular meeting of said Council held on the 27th day of June 1983, by the following vote: Ayes: Holmes, Mulhall, Mustard, Weldon, Cooper Noes: None Absent: None -_ "„'• "�—"'rte' PAUL L. COOPER-, Mayor Attest: WETONA L. CRAWFORD, City C er hw,..r 4; l; : 4V s•R?'.N?ti11�e.i`T� CERTIFIP A TRUE COPY CITY CLERK,CITY OF 40LEASANr HILL CONTRA COSTA COUNTY PLANNING DEPARTMENT TO: M.G. Wingett DATE: July 15, 19913.! County Administrator Approval of Amendment and Realloca- FROM: Anthony A. Dehaes SUBJECT: tion of Funds, Eighth Year (1982-83) Director o; Plannin Community Development Block Grant Program Agreement, City of Pleasant Hill Attached please find five copies of the first amendment to the Eight Year agreement incorporating $15,231 from contingency and $50,000 from Activity #9-21 Street Improvements to Activity #8-26 Soundwall Construction increasing the payment limit from $278,978.56 to $344,209.56. This agreement has been approved by the Pleasant Hill City Council and County Counsel's Office. Please place this item on the agenda for the next Board meeting. AAD/mbF attachment RECEIVED RECEIVE J U b:;1?b/ Q CLE L LE WAR. OLSSON —RD OF.. vlsoQs C v1SOQs e UN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 12 , 1983 by the following vote: AYES: Supervisors Powers , Fanden, McPeak , Torlakson. NOES: None . ABSENT: Supervisor Schroder . ABSTAIN: None . SUBJECT: Approval of the First Amendment to the City of San Pablo's Eighth Year (1982- 83) CDBD Program Project Agreement and reallocation of certain funds. The Board having heard the recommendation of the Director of Planning that it approve the first amendment to the City of San Pablo's Eighth Year (1982-83) Community Development Program Project Agreement incorporating $50,000, reallocated from the County's Activity #13 - Housing Rehabilitation Program, to Activity It 12 - Housing Rehabilitation and' Neighborhood Beautification Program, thereby increasing the allocation payment limit from $402,116.37 to $452,116.37. IT IS BY THE BOARD ORDERED that the above recommendation is approved and its Chairman is authorized to execute said agreement. 1 hereby certify that thle Is a true and correct copy of an action takon and enured on tho minutes of the Board of 9upe:W�2 date shown. ATTESTED: , /_ q_ c{3 J.R. OLSSON, COUNTY CLERK and ex officlo Clerk of the Board Deputy Orig. Dept.: Planning cc: County Administrator Auditor-Controller County Counsel Contractor AMENDMENT TO PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (County and City of San Pablo) (8th Year (1982-83 )Activity 1/9 & 12) SECTION 1. Parties Effective on March 1, 1983 the County of Contra Costa, a political Subdivision of the State of California, hereinafter referred to as the "County", and the City of SanTablo hereinafter referred to as "Contractor",,hereby amend their July 20, 1982 Agreement entitled "PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" as follows: SECTION 2. Alteration I. "4. Allocation Payment Limit County's total payments to Contractor under this Agreement shall not exceed $452,116.37. 't Page 2 PROJECT WORK PROGRAM H. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 9 & 12 BUDGET PERIOD: July 1, 1982-March 31, 1983 City of San Pablo One Alvarado Square San Pablo, CA 94806 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total -$ 9. HAP $249000 -0- .$243000 - Personnel - Program 12. HOUSING REHABILITA- $428,116.37 $1709000* $5987116.37 TION PROGRAM Loan/Grants Program 2569720 -0- 2569720 - Loans/Grants - Loan Fee Subsidies - Low Interest Loans - Zero Interest & Deferred Loans - Land Writedown - Architech/Engineering Fees Personnel Administration 171,396.37 -0- 171,396.37 - Incremental Staff Salaries (housing director, two housing rehab. specialists, Adm. Asst., Planner, Drafter, Secretary) - Materials/Supplies - Program Costs *SB 966 State Loan Program (e) TOTAL $4529116.37 $170,000.00 $622,116.37 Notes: (a) Detailed categories pursuant to OMB A-102. (b) Items are eligible to be funded by CDBG funds. (c) Estimate of other necessary expenditures that cannot be funded with CD monies; and indication of anticipated sources. (d) Sum of (b) and (c) above including both Community Development and non- community Development funds. (e) Contra Payment Limit for CD project. 'e • r- Page 3 SECTION 3. Reaffirmance Said .July 20, 1982 Agreement, entitled "PROJECT AGREEMENT COMMUNITY DEVELOP- MENT BLOCK GRANT PROGRAM" except as herein-above amended shall remain in full force and effect. COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By� /,/), - Chairman, Board of Supervisors esignate Official Capacity in Organization) ATTEST: J. R. OLSSON, County Clerk By ( A�� By IIOWI176 AIXe T�iQ- Deputy Designate Official Capacity in Organization) Recomme ed by D partment Note to Contractor: 1) If a public agency, designate official capacity in public B agency and attach a certified copy of the Desig ee, A ,ony A behaesus governing body resolution authorizing the Director of Planning execution of this agreement. 2) All others: Execute acknowledgement form above, and if a corporation,designate Form Approval: County Counsel official capacity in business, execute acknowledgement form and affix corpor- ,Q ation seal. By 1J• �tP�� Deputy (Affix appropriate acknowledgement form) SL-':lsw //49 and //2 CONTRA COSTA COUNTY "yr PLANNING DEPARTMENT (3 TO: M. G. Wingett DATE: April I,- County Administrato FROM: Anthony A. Dhae SUBJECT: First Amendment to the Eighth Director of Planni Year (1982-83) CDBG Program Agreement, City of San Pablo Attached please find five copies of the First Amendment to the Eighth Year (1982-83) Community Development Program Project Agreement with the City of San Pablo. This amendment incorporates $50,000 reallocated from the County's Eighth Year Activity 413 - Housing Rehabilitation Program to the City's Eighth Year Activity k12 - Housing Rehabilitation and Neighborhood Beautification Program. The allocation payment limit is therefore increased from $402,116.37 to $452,116.37. This amendment has been approved by the San Pablo City Council and County Counsel's'office. Please place this item on the agenda for the next Board meeting. AAD:Isw Attachment cc: County Counsel Auditor-Controller RECEIVE[" . ,PR '983 A.. �06ON %R0 0 3 EN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on January 25 , 1983 by the following vote: AYES: Supervisors Powers , Fanden, McPeak , Torlakson, Schroder . NOES: None . ABSENT: None. ABSTAIN: None ., SUBJECT: Authorization for Execution of Amendments and Reallocation of Certain Community Development Funds. The Board having heard the recommendations of the Director of Planning that it approve the items shown on Attachment "B" in order to expedite completion of these activities and approve the execution of the amendments with the City of Pinole and the Carquinez Coalition; IT IS BY THE BOARD ORDERED that the above recommendations are approved and that its Chairman is authorized to execute said amendments when they become available for execution. 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the- Board of Supery rs on the date shown. ATTESTED: 1993 J.R. OLSSODI, COUNTY CLERK and ex officio Clerk of the Board BY Deputy Orig. Dept.: P 1 ann i n g cc: County Administrator Auditor-Controller County Counsel Contractors Attachment B N N r h N 1 5 1 .A LP'F O ro q, ` 5 00'1 w � w o r•4Y, .� 7� hro O .a N w � � �,.o o W n O O 7 w 6ro O (l h r•• r-w C1 h ` h � � 0 -1 to r+. rofsh roh r6 J.P p , r• O p7 00 .4 �• O ©w ro N of ro O .t tl p T 0 -0 ,4 hO �0 h Off` O h I O No Q7 �o o w ., 0 3wo 0o n :: ` 2 o o o < ^ ro coo o N N O N 7 O�•` i Oa ro qtr � N roM1 O O .Gros O O O N N L ? d 0e •- o o. 7 rn n h >7' ',Tr r• O C;(5a, 04 0Q 2 aQCO � y w w H, hw ro Y � o h00 h ,.0 t r+ N Nro N r p Q ro a � o n NQ°• � �O N D 2 00� •• o"'�I° ro h 2 y a\u ''' o 0 0 0 .jr N 00 " r' 4 *0 •A Q o SO 0.roGU , • � N -1 ocho4 � o n � i cao ro ro o 3 3 a h N � o ° " �. mow G coo a' � �-� �'•� �v•rn .wp � v 'a h h '4 O ro d 'Or* n O O O o N wN •• wroN h G � O p O W W •ro4 h •b h N 0a CONTRA COSTA COUNTY PLANNING DEPARTMENT TO: M. G. Wingett DATE: January 18, 1983 County Administrator Authorization for Execution of FROM: Anthony A. Dehaes SUBJECT:' . Amendments.and,.Re-allocation E Director of Planni ' of Certain Community Development,Funds up- On January 129 1983, the Housing and Community Development Advisory Committee approved the following actions affecting certain payment limits and re-allocation of contingency funds as shown on attachment "A". I These actions are necessary in order to expedite completion of the activities located in Pinole, Rodeo and Crockett. The associated contract amendments will be available for execution atja later date but we are requesting authority for execution of these amendments at this time. A draft Board Order is attached. Please place this item on the agenda for the next Board meeting: AAD:Isw Attachment "A!, i .SAN 1983 O SOF sup fSORa i • Y- N h a •t ? ryan ^+ @ ? N i 1 1 1 -ri ip O @ h ' n Go tp 4 r+ o 00 (P m,n co ro w o h�dn"G�• �,, • ww� N� Uco � ? 0roaK O 9le- 10 1@ � @ 00 ' — 2° 0 ! : w 3 `'o n 0c� co wn � ° r• VI M G ? a (DD hc > O 00 1 p G1 1"n n O •..� 0 GU n O.oy ? ..- COl•• V•d Y. ./ �.1 v � r S r++ 010 'A w @ .- w 00 et coo . @ 1 Ma i @ `O D' N Cl O ? N N r� + ? ° n Z 00AP CI iz� ..• � cs o oQ ;.- .r D fl O ^ (I' D �O.G � a. O � -i om �� b no�� M O co co � .. a w ^ a@ @ •� .. •off LA Ln to 7 Orr. n p a Y. p O ? N G N ar+ p O 4r W G p (D ^ -a a- w, " n 94 f ! Ir • • AMENDMENT TO PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (County and City of Pinole) (Eighth Year (1982-83 )Activities #II & 25) and Fourth Year (1978-79) Activity #57) SECTION 1. Parties Effective on 2/7/83 the County of Contra Costa, a political Subdivision of the State of California, hereinafter referred to as the "County", and the City of Pinole hereinafter referred to as "Contractor", hereby amend their June 29, 1982 Agreement entitled "PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" as follows: SECTION 2. Alteration I. 114. Allocation Payment Limit County's total payments to Contractor under this Agreement shall not exceed $53,000. I ' PROJECT WORK PROGRAM H. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 11. Neighborhood Beautification Program City of Pinole 25. Park Development 2141 Pear Street 57. Eagle Hall Pinole, CA 94564 BUDGET PERIOD: April 1, 1982-March 31, 1983 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total -$ 11. Neighborhood Beautification Program A. Tool Landing Program $ 2,100 -0- $ 2,100 - tool rental fees B. Residential Paint Program 6,900 -0- 61900 - paint supplies - administration 25. Park Development 25,000 -0- 252000 - pians/specifications - design _ - materials - equipment 57. Eagle Hall 19,000 -0- 19,000 - building materials - miscellaneous (e) TOTAL $53,000(e) -0- $539000 Notes: (a) Detailed categories pursuant to OMB A-102. (b) Items are eligible to be funded by CDBG funds. (c) Estimate of other necessary expenditures that cannot be funded with CD monies; and indication of anticipated sources. (d) Sum of (b) and (c) above including both Community Development and non- community Development funds. (e) Contra Payment Limit for CD project. Y • • SECTION 3. Reaffirmance Said June 29, 1982 Agreement, entitled "PROJECT AGREEMENT COMMUNITY DEVELOP- MENT BLOCK GRANT PROGRAM" except as herein-above amended shall remain in full force and effect. COUNTY OF OSTA, CALIFORNIA CONTRACTOR By By i Mayor Chairman, Board of Supervisors ( signate c C pac' y in Organiza ATTEST: J. R. OLSSON, County Clerk By 40 &",� By Deputy D 'gnate Official Ca aciti� in Organization Recommen d by DeLartment Note to Contractor: 1) If a public agency, designate official capacity in public By. agency and attach a certified copy of the esi ne , Ant y A. Deh esus governing body resolution authorizing the Director of Planning execution of this agreement. 2) All others: Execute acknowledgement form above, and if a corporation,designate Form Approval: County Counsel official capacity in business, execute _ acknowledgement form and affix corpor- ation seal. BJ / .c ilfS d% FI^��y,.+Gsc,.s:.uiahava Deputy (Affix appropriate acknowledgement form) SE:lsw #49 BEFORE THE CITY COUNCIL OF THE CITY OF PINOLE COUNTY OF CONTRA COSTA , STATE OF CALIFORNIA In the Matter of Amending the ) Project Agreement of the Community ) Development Block Grant Program ) RESOLUTION NO . 1.828 Between the County of Contra Costa ) .and the City of Pinole . ) WHEREAS , the City of Pinole has proceeded with the Neighborhood Beautification Programs ; and WHEREAS , the Neighborhood Preservation Committee has reviewed eighth year activities and fourth year activities ; and WHEREAS , the Neighborhood Preservation projects upon review are recommended to be amended , NOW , THEREFORE , BE IT RESOLVED by the City Council of the City of Pinole that the funds be amended -as follows : Budget Item Community Development Funds Neighborhood Beautification Program A . Tool Lending Program $ 2 , UOO B . Residential Paint Program 6 , 900 Park Development Plans , specifications , design , materials , equipment 25 , 000 Eagles ' Hall Building materials , miscellaneous 19 , 000 BE IT FURTHER RESOLVED that the Mayor be authorized to execute this agreement . PASSED AND ADOPTED THIS 7th day of February , 1983 , by the following vote ; AYES : COUNCILMEMBERS : Goularte , McCarty , Nelson , Shaver , Borges NOES : COUNCILMEMBERS : None ABSENT : COUNCILMEMBERS : None ELIZ TH GRIMES CIT CLERK of the City of Pinole THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ,January 25 , 1983 b the following vote: Adopted this Order on Y 9 AYES: Sunervisors Powers , Fanden , McPeak, Torlakson , Schroder . NOES: None . ABSENT: None . ABSTAIN: None . SUBJECT: Authorization for Execution of Amendments and Reallocation of Certain Community Development Funds. The Board having heard the recommendations of the Director of Planning that it approve the items shown on Attachment "B" in order to expedite completion of these activities and approve the execution of the amendments with the City of Pinole and the Carquinez Coalition; IT IS BY THE BOARD ORDERED that the above recommendations are approved and that its Chairman is authorized to execute said amendments when they become available for execution. I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supery rs on the date shown. ATTESTED: S J.R. OLSSON, COUNTY CLERK and ex officio Clerk of the Board BY Deputy Orig. Dept.: P l ann i n g cc: County Administrator Auditor-Controller County Counsel Contractors Attachment B r N 0• rr O w 00 g7 7" � 'OO Qom••• '• ? O @< LO1 Gi f1 tO0 Or -s O '! '+ '"' A N O G 7 0 O o N ✓M } N 1 1 1 1 � 1 ° ° 1 coo 7 ..-' h �. o a 1:r co �, nF ° •+ � �* � nOo o 0 7 000 ° r• 0 �l < �• ° d o'), co .O NCA �•n* a fOs L* f M r �• p w,� W O ao Y O "+ v le 0 �•v N G fn4 v 7 t? Qa? O 1 . 00 N � O n o r..UQ n n 0, ° l o 0 o O� r�sw Opa W,W�D �•� n '� lz lz Y o -+ h oo ., 2 3' co 1 m co w �* o0 w JNi GJ�N 5 � t9 N F 7 0 n + 0 � v��<• w 7 N 00 w 00 o 9 ~Nc 0 00 ;� .p 0400 co 0 W aO �'�.'�O •" N NO O m O O O o fin < N~G O rti "�q 7p.G n Q G tD N 1 r (D �• N r• VD q n n O M O '+ % q T r• o� % ° o 00�.' 30 0 �� , w N H w N N H+ G tGn O P.) O a `� w,aN :. uo THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on January 18 , 1983 by g the followin vote: AYES: Supervisors Powers , Fanden, Torlakson,, Schroder . NOES: None. ABSENT: Supervisor McPeak. ABSTAIN: None. SUBJECT: Approval of the First Amendment, City of El Cerrito Eighth Year (1982-83) Community Development Program Project. Agreement and Reallocation of Funds. Original Agreement approved on July 20, 1982. The Board having heard the recommendation of the Director of Planning that it approve the first amendment to the Eighth Year CDBG project agreement with the City of El Cerrito which incorporates $5,745.25 reallocated from Seventh Year (1981-82) Activity #25-Public Improvement Program to new Eighth Year Activity #31-Community Center Addition and Remodel increasing the payment limit from $27,890.52 to $33,635. 77; IT IS BY THE BOARD ORDERED that the above recommendation is approved and that its Chair is authorized to execute said agreement. 1 hereby certify that this Is a true and correct copy of an action taken and entered on the minutcn of the Board of Supe isors on the date chown. ATTESTED: J.R. SSON, COUNTY CLERK and ex officio Clerk of the Board By . Deputy Orig. Dept.: Planning cc: County Administrator Auditor-Controller County Counsel Contractor CONTRA COSTA COUNTY PLANNING DEPARTMENT L ff7, U TO: M. G. Wingett DATE: County Administrato First Amendment, City of FROM: Anthony A. Dehaesu SUBJECT: El Cerrito Eighth Year L Director of Plann* (1982-83)Community Development Block Grant Program Agreement 7 Attached please Iiin1d five copies of the first amendment to the Sixth Year CDBG program project agreement with the City of El Cerrito. This amendment incorporates $5,745.25 reallocated from Seventh Year (1981- 82) Activity #25-Public Improvements Program to new Eighth Year (1982-83) Activity #31-Community Center Addition and Remodel increasing the total payment limit from $27,890.52 to $33,635. 77. The reallocation of funds was approved by the Housing and Community Development Advisory Committee on December 8, 1982. This agreement has been approved by the El Cerrito City Council and County Counsel ' s Office. Please place this item on the agenda for the next Board meeting. AAD:gg Attachments RECEIVED n. .IL-08ON L ARD F. PERVISORS AMENDMENT TO PROJECT AGREEMENT Y COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (County and City of El Cerrito) (8th Year (1982-83 )Activity #10 do 31) SECTION 1. Parties Effective on January 25, 1983 the County of Contra Costa, a political Subdivision of the State of California, hereinafter referred to as the "County", and the City of El Cerrito hereinafter referred to as "Contractor", hereby amend their July 20, 1982 Agreement entitled "PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" as follows: SECTION 2. Alteration I. 114. Allocation Payment Limit County's total payments to Contractor under this Agreement shall not exceed $33,635.77. II. A. PROJECT DESCRIPTION 31. Community Center Addition and Remodel. For construction and remodel of El Cerrito Community Center, located at 7007 Moeser Lane, increasing the square footage by 1,910 sq. ft. from 7,948 sq. ft. to 9,858 sq. ft., with a total building occupancy of 726 people. III. B. PROJECT TIME SCHEDULE Work Item Start Date Completion Date Bid November 1982 November 1982 Award Jan. 3, 1983 Construction Jan. 13, 1983 March 23, 1983 IV. C. PROJECT GOALS Contractor shall define project objectives. Project goals will vary depending upon type of project. To expand recreational space and progr-am opportunities for the community. PROJECT WORK PROGRAM V. H. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 10,31 BUDGET PERIOD: July 1, 1982-March 31, 1983 City of E1 Cerrito 10890 San Pablo Avenue El Cerrito, CA 94530 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total -$ 31. Community Center Expansion & Remodel $ 51745.25 $ 98,761.00* $1042506.25 Architectural Fees 51745.00** 1 52745.00 10. Housing Conservation $279890.52 -0- $27,890.52 -Code enforcement -Purchase paint -Purchase smoke detectors -Administration *1980 Park Bond Act (State Parks & Recreation Funds) **City of El Cerrito in-kind contribution of labor to match with CDBG Funds (e TOTAL $ 33,635.77 $104,506.00 $1389141.77 Notes: (a) Detailed categories pursuant to OMB A-102. (b) Items are eligible to be funded by CDBG funds. (c) Estimate of other necessary expenditures that cannot be funded with CD monies; and indication of anticipated sources. (d) Sum of (b) and (c) above including both Community Development and non- community Development funds. (e) Contra Payment Limit for CD project. l SECTION 3. Reaffirmance Said July 20, 1982 Agreement, entitled "PROJECT AGREEMENT COMMUNITY DEVELOP- MENT BLOCK GRANT PROGRAM" except as herein-above amended shall remain in full force and effect. COUNTY OF TA, CALIFORNIA CONTRACTOR By By S) or Chairman, Board of Supervisors esignate Official Capacity in Organization) ATTEST: J. R. OLSSON, County Clerk By G✓ %'f By J Deputy Designate Official Capacity in Organization) . Recomm ded by Dtartment Note to Contractor: 1) If a public agency, designate official capacity in public n' By agency and attach a certified copy of the si ee, Antony A. Dehaesus governing body resolution authorizing the Di ector o Planning execution of this agreement. 2) All others: Execute acknowledgement form above, and if acorporation,designate Form Approval: County Counsel official capacity in business, execute acknowledgement form and affix corpor- ation seal. By Deputy (Affix appropriate acknowledgement form) SE:Isw #49 RESOLUTION 83-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO AUTHORIZING EXECUTION OF THE FIRST AMENDMENT TO THE EIGHTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROJECT AGREEMENT WITH THE COUNTY OF CONTRA COSTA. The City Council of the City of El Cerrito does resolve as follows: Section 1 . The E1 Cerrito City Council approves the First Amendment to the Eighth Year (1982-83) Community Development Block Grant Program Project Agreement between the City and Contra Costa County, providing for the following alterations to said July 20, 1982, Project Agreement: 1 . Reallocation of $5,745,25 from #7-25 to #8-31 . Section 2. The Director of Community Development is hereby approved and authorized to execute the amendment on behalf of the City of El Cerrito. Section 3. This resolution shall become effective 'immediately upon its passage and adoption. I HEREBY CERTIFY that the above and foregoing resolution was duly passed and adopted by the City Council of the City of El Cerrito at a regular meeting thereof held on the 3rd day of January, 1983, by the following vote: AYES: COUNCILMEMBERS: Abelson, Allen, Collins, Spellmann, Siri NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate -< seal of said city this 3rd day of January, 1983. �Lu e Irish, City C1eri APPROVED: L Jean B. Seri , Mayor > 01 M-0 A rVE ZIr-If j f 0 / i RESOLUTION 83-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO AUTHORIZING EXECUTION OF THE FIRST AMENDMENT TO THE EIGHTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROJECT AGREEMENT WITH THE COUNTY OF CONTRA COSTA. The City Council of the City of E1 Cerrito does resolve as follows: Section 1 . The E1 Cerrito City Council approves the First Amendment to the Eighth Year (1982-83) Community Development Block Grant Program Project Agreement between the City and Contra Costa County, providing for the following alterations to said July 20, 1982, Project Agreement: 1 . Reallocation of $5,745.25 from #7-25 to #8-31 . Section 2. The Director of Community Development is hereby approved and authorized to execute the amendment on behalf of the City of El Cerrito. Section 3. This resolution shall become effective -immediately upon its passage and adoption. I HEREBY CERTIFY that the above and foregoing resolution was duly passed and adopted by the City Council of the City of E1 Cerrito at a regular meeting thereof held on the 3rd day of January, 1983, by the fallowing vote: AYES: COUNCILMEMBERS: Abelson, Allen, Collins, Spellmann, Siri NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate a seal of said city this 3rd day of January, 1983. �uc'i e Irish,_ City Clea •,APPROVED: an B. Siri , Mayor CES. 10- rt r f. 39 J THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 10 , 1982 by the following vote: AYES: Supervisors Powers , Fanden, Schroder , Torlakson, McPeak. NOES: None. ABSENT: None . ABSTAIN: None . SUBJECT: Approval of Eighth Year (1982-83) Community Development Block Grant Program Project Agreement with the City of Pleasant Hill. The Board having heard the recommendation of the Director of Planning that it approve the Eighth Year (1982-83) Community Development Block Grant Program Project Agreement implementing Activity 426 - Sound Attenuation Wall with a payment limit of $278,978.56 comprised of $140,000 from the Eighth Year allocation, $138,965.51 carry-over from Seventh Year (1981-82) Activity #44 - Soundwall Construction and $13.05 from Fourth Year (1978-79) Activity #37 - Handicapped Rehabilitation Center; IT IS BY THE BOARD ORDERED that the above recommendation is approved and that its Chair is authorized to execute said agreement. I herieby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: AUG 10 1982 J.R. OLSSON, COUNTY CLERK and ex o flcl^ Clerk of the Board By v- Deputy C`o. Matthowq Orig. Dept.: Planning cc: County Administrator Auditor/Controller County Counsel Contractor #AE PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1. Agreement Identification. Number 26 Department: County Planning Department Subject: Allocation of Federal funding under Title I of the Housing and Community Development Act of 1974, as amended 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: City of Pleasant Hill Address: 3300 North Main Street Pleasant Hill, CA 94523 3. Term. The effective date of this Agreement is July 1, 1982 and it terminates March 31, 1983 , unless sooner terminated as provided herein, subject to all terms, conditions, and assurances contained or incorporated herein. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement 'shall not exceed $ 278,978.56 5. County's Obligations. County shall make those allocation payments to the contractor described in the "Payment Provisions" attached hereto which are incorporated herein by reference, subject to all terms, conditions, and assurances contained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the "General Conditions" and the "Assurances" attached hereto, which are incorporated herein by reference. . 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: .That Project as described in the Community Development Block Grant Program Application dated,lebruary 2, 1982, and approved by HUD on April 5, 1982 ; and as more particularly described in the "Project Work Program", attached hereto. 9. Signatures. . These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR Chair, Board of Supervisors Designate Official Cap city ATTEST: J. R. OLSSONf ;Y Count Clerk in Opr�ganization) LOittM uiu.TY {ellWtu6 �v't,.T3+ By: By: Deputy Designate Official Capacity in Organization) Reco7tcapacity by De tment Note to Contractor: (1) If a public agency, designate official in public agency and attach.a certi- An ''ony A. Dehaesus fied copy of the governing body resolution authorizing execution of this agreement. Form Approved: C unty Counsel (2) All others: Execute acknowledgment form above, and if a corporation, designate official capacity in business, execute acknow- By: ledgment form and affix corporation seal. uty (Affix Appropriate Acknowledgement Form) D#8 ASSURANCES/CERTIFICATIONS The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally assisted program. Also, the grantee gives assurances and certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission and to execute a community development and housing program; 2. 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, all understandings and assurances contained therein, and directing and and authorizing the person identified as the official represen- tative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. 3. That prior to submission of its final statement to HUD, the grantee has met the citizen participation requirements, prepared its final statement of community development objectives and projected use of funds, and made the final statement available to the public, as required by section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; 4. It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of section 104(c)(1) of the Housing and Community Development Act of 1974, as amended. 5. Its chief executive officer and other officer of the grantee approved by HUD: (a) Consents to assume the status of a responsible Federal official under the National Environmental policy Act of 1969 and other authorities as specified in 24 CFR 58.1(a)(3); (b) Is authorized and consents on behalf of the grantee and himself/herself to accept the jurisdiction of .the Federal courts for the purpose of enforcement of his-her responsibilities as such an official; and 6. The grant will be conducted and administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations issued at 24 CFR Part 1; (b) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, and implementing regulations; (c) Section 109 ,of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto (24 CFR Section 570.601); (d) Section 3 of. the housing and Urban Development Act of 1968, as amended and implementing regulations°at 24 CFR Part 135; (e) Executive Order 11246, as amended by Executive Orders 11375 and 12086 and implementing regulations issued at 41 CFR Chapter 60; (f) Executive Order 11063 as amended by Executive Order 12259 and imple- menting regulations at 24 CFR Part 107; (g) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended and implementing regulations'when published for effect; (h) The Age Discrimination Act of 1975, as amended, (Pub. L. 94-135) and implementing regulations when published for effect; (i) The labor standards requirements as set forth in 24 CFR § 570.605 and HUD regulations issued to implement such reuirements; (j) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution; (K) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; Page 2 7. No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; 8. It will comply with the provisions of the Hatch Act which limits the political activity of employees; 9. It will give HUD and the Controller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; 10. It will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations at 24 CFR Part 42 and Section 570.602 apply to any acquisition of real property by the contractor that is carried out for an activity assisted under this Part and to the displacement of any family, individual, business, non-profit organization or farm that results from such acquisition. 11. It will comply with the lead based paint requirements of 24 CFR Part 5 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) 12. It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under 24 CFR 570 to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by , the Physically Handicapped," Number A-117. 1-11 1971, subject to the exceptions contained in 41 CFR 101-19.604. The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 13. It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of Archeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et. seq.) by: (a) Consulting with the State Historic Preservation Officer to identify pro- perties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the proposed activity, and (b) Complying with all requirements established by HUD to avoid or mitigate adverse effects upon such properties. 14. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 03-234, 87 Stat. 975, approved . December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 15. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. SE:jal/la GENERAL CONDITIONS I. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows: (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the -subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. Page • 2 • 8. Modifications and Amendments. (a) _General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially change the Payment Provisions or the Project Work Program. (c) Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an extension of time for performance, beyond that time specified above under "Term" (Paragraph 3). Any such extension must be in writing and shall be at the sole discretion of the County. 9. Disputes. Disagreements between the County and Contractor concerning the meaining, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the Federal Government. 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the law of the State of California. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement. The original copy of. this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body, shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". . Page, 3 • • 17. Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such.service. (b) No person will publish or disclose or permit or cause to be pulbished or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by alw may be guilty of a misdemeanor. 18. Indemnification. (a) Contractor hereby waives all claims and recourse against the County including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of County, its officers, agents and employees. (b) The Contractor shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, construction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liability Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All noticesprovided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. Page . 4 21. Available Copies. Copies of the County's Project documents (as specified in Paragraph 8, Project, of this Agreement), and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly vested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction of plans and speci- fications shall be reviewed and approved by the Contractor before construction is com- menced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such real property shall be determined in accordance with the requirements contained in Department of Housing and urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment. SE.jal/la PAYMENT PROVISIONS 1. Payment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor. for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, ;failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. Page 2 The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contactor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jal/la 3/16/82 I Page 2 a s EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1982-1983 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 8-26. Sound Attenuation Wall. Construction of a sound attenuation wall along Sherman Drive Drive from 2154 Sherman Drive north to the end of the subdivision. B. PROJECT TIME SCHEDULE Time Schedule on a month-by-month basis for the above Project indicating when major activity items are expected to be undertaken and completed. Work Item Start Date Completion Date Plans/Specifications April 1, 1982 April 15, 1982 Advertise Bid April 15, 1982 May 10, 1982 Award Contract June 8, 1982 Construction July 15, 1982 September 15, 1982 C. PROJECT GOALS Contractor shall define project objectives. Project goals will vary depending upon the type of project. 1) Improve the quality of life in the designated neighborhood strategy area by reducing noise levels; 2) Improve the visual quality of the area through improved walls; and 3) Increase the viability of the neighborhood and thereby further the preservation of the existing housing stock. a Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS Contractor should indicate, where applicable, what performance standards (details of project implementation) will be applied in implementing the Work Program. 1. "In all contracts, purchase agreements, invoices entered, the contractor shall comply with al applicable provisions contained in the County's "Guide For Compliance With Assurances an( Certifications Under The Housing And Community Development Act." 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, th( contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Forn signed by the supplier service prior to the receipt of any goods or .initiation of any services The required forms are available from the County Planning Department. 3. All contracts under $10,000 entered into shall be in compliance with procurement procedure: contained in Office Management and Budget (OMB) Circular 1-102, attachment 0 and any othe applicable HUD regulations. 4. In all construction contracts over $2,000 enforce and administer Labor Standards Requirement: in accordance with Title 1 of the Housing and Community Development Act of 1974, HUE Handbook 6500.3 - Labor Standards Administration Enforcement, Community Developmen Block Grant Program, and as provided in Assurance No. 14, Appendices VIII - XIII of the Compliance Guide cited. 5. All construction contracts over $10,000 shall be in compliance with bid procedures contained it Assurance No. 3 and Appendix IV of the Compliance Guide cited. 6.. All construction contracts over $100,000 shall be in compliance with the bonding and insurance requirements contained in OMB A-102 Attachment B, and with the requirements of the Clear Air Act and Federal Water Pollution Control Act. 7. Ensure that access to the handicapped will be provided in accordance with the requirements o: the "American Standard Specifications for Making Buildings and Facilities Accessible to, an( Usable by, the Physically Handicapped", Number A-117-1-R-1071. 8. Shall, at.a minimum, notify applicable minority owned business firms located in Contra Costz County of bid opportunities_ for Community Development funded projects and maintair documentation of such efforts. A listing of minority owned businesses located in Contra Costz County and neighboring counties is available from the County Planning Department. 9. Transmit to the County Planning Department a copy of all construction contracts over $2,00( prior to the contract being advertised to ensure that all appropriate requirements and provision: have been included. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Richard T. Bottarini City of Pleasant Hill 3300 No. Main Street Pleasant Hill, CA 94523 934-6050 Page 4 • PROJECT WORK PROGRAM F. PROGRAM MONITORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representatives, where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: City of Pleasant Hill ACTIVITY NUMBER: 26 3300 N. Main St. Pleasant Hill, CA 94523 BUDGET PERIOD: July 1, 1982 - December 30, 1982 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ = Total - $ 26. SOUND ATTENERATION $278,978.56* -0- $278,978.56 WALL - Design - Plans/Specifications - Advertisement - Construction Acquisition - Misc. * Includes $4,091.41 from Monument Soundwall Seventh Year Allocation e) TOTAL $278,978.56 -0- $278,978.56 Notes: (a) Detailed categories pursuant to OMB A-102. (b) Items are eligible to be funded by CDBG funds. (c) Estimate of other necessary expenditures that cannot be funded with CD monies; and indication of anticipated sources. (d) Sum of (b) and (e) above including both Community Development and non- Community Development funds. (e) Contract Payment Limit for CD project. 1,39 CONTRA COSTA COUNTY PLANNING DEPARTMENT 1982 e-.r TO: M.G. Wingett DATE: July 12, 1982 County Administrato Eighth Year (1982-83) FROM: Anthony A. Dehaes SUBJECT: Community Development Block Director of Planni Grant Program Project Agreement, City of Pleasant Hill Attached please find five copies of the ECig5th Year (1982-83) CDBG program project agreement with the City of Pleasant Hill implementing continuation Activity #26- Sound Attenuation Wall with a total payment limit of $271,97-8.51.The payment limit is comprised of $140,000 in Eighth Year 1982-83) allocations, $138,965.51 carry-over from Seventh Year (1981-82) Activity #44 - Soundwall Construction and $13.05 carry- over from Fourth Year (1978-79) Activity #37 - Handicapped Rehabilitation Center. This agreement has been approved by the Pleasant Hill City Council and County Counsel's Office. Please place this item on the agenda for the next Board meeting. A draft Board Order is also attached. AAD:jal///C.EA Attachments cc: County Counsel Auditor/Controller RECEIVED f-MG 1q1982 yoL�SQN ARD RVISORS eputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 3 , 1982 by the following vote: AYES: Supervisors Pourers , Fanden, Schroder, Torlakson, McPeak. NOES: None . ABSENT: None . ABSTAIN: None. SUBJECT: Execution of a Housing Rehabilitation Services Agreement with the City of El Cerrito On the recommendation of the Director of Planning, IT IS BY THE BOARD ORDERED that the Housing Rehabilitation Services Agreement with the City of E1 Cerrito is approved, and that the Chair is authorized to execute said agreement. hereby certify that this is a true and corm^f copy of an action taken and entered on the rninuias of uic, Board of Supervisors on the date shotun. ATTESTED: AUG 31982 J.R. OLS:ON, COUNTY CLERIC andexofficlo Clerk of the Board By , Deputy C. Matthews Orig. Dept.: Planning Department cc: Building Inspection County Counsel County Administrator City of El Cerrito #Bd 4.' HOUSINGOHABILITATION PROGRAM SERVOPES AGREEMENT (County and City of El Cerrito) 1. Parties and Date. Effective on AUG 3 1982 the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County" and the CITY OF EL CERRITO, being a municipal corporation of the State of California, hereinafter referred to as "City", mutually agree and promise as follows: 2. Housing Rehabilitation Program. County's Building Inspection Department shall exercise and perform in a designated target area within the City all the powers and duties of the County Housing Rehabilitation Program as excerised and performed by the County Department in designated target areas in the unincorporated territory of the County, except as amended herein. 3. County's Duties. Specifically, the County will operate and administer a voluntary residential code enforcement program accompanied with residential rehabilitation financial assistance as authorized by Section 105, Title 1 of the Housing and Community Development Act of 1974, as amended, Section 312 of the Housing Act of 1964, Title II, Section 8 of the Housing and Community Development Act of 1974, as amended (Section 8 Moderate Rehabilitation. Program), and Section 50660 - 50668 of the California Health and Safety Code (State Deferred Payment Rehabilitation Loan Program). The operation and administration of the Housing Rehabilitation Program will be guided by the policies attached hereto as Exhibit A, and for the Section 312 Program and for the Section 8 Moderate Rehabilitation Program, by the program regulations promulgated by the U.S. Department of Housing and Urban Development, and for the State Deferred Payment Rehabilitation Loan Program by the program regulations promulgated by the State Department of Housing and Community Development. Such operation and administration shall include application processing, determination of financial eligibility, inspection of the premises, preparation of a list of repair items, preparing and noticing the availability of bid packages, .selection of contractor9 preparation of financial documents for submitted to financial institution with whom County has an agreement, and preparation and execution of a contract document to complete rehabilitation work. The County shall, after being provided familiarization of City building regulations by City, be responsible for inspecting the work of the rehabilitation contractor, and shall advise the City with regard to the adequacy of the rehabilitation work. Upon acceptance, the County shall complete procedures for payment of contractor. 4. City's Duties. The City shall provide the County with general policy direction, advance familiarization of City building regulations, and shall indicate the boundaries of the Housing Rehabilitation Target Area to the County Planning Department. City shall also reserve the right of approval of applications on rehabilitation on properties listed in a letter to the County Planning Department from the City of El Cerrito Planning Department dated July 9, 1982. The City shall also provide the County with building permit numbers as needed which the County will issue on behalf of the City for housing rehabilitation work related to this agreement, and collect fees and taxes based on the City's fee schedule and Municipal Code provisions. Said taxes shall include the construction tax provided by Chapter 4.36 of the El Cerrito Municipal Code. The County shall reimburse the City on a monthly basis an amount equal to the fees collected. In the operation of the program the City shall be responsible for, with advisement from the County, the final inspection of the rehabilitation work. 5. Quarters. County will furnish required furniture, equipment, and forms necessary for operation and administration of the Housing Rehabilitation Program at the County Building Inspection Department Headquarters. 6. Employees. No employees now employed by the City shall be taken over by the County, and there are no pension rights of any employees of the City to be assumed by the County. 7. Hold Harmless. If because of the negligent conduct or otherwise of any of the parties to this agreement acting through their officers, agents or employees, any third person or persons sustains any loss for death, sickness or injury to such persons or their property, such party shall defend, save harmless and indemnify the other parties to this agreement for all damages of any kind resulting from such conduct, negligent or otherwise which such other parties may incur under the relationship created between the parties to this agreement. 8. Insurance. During the entire term of this Contract and any extension of modification thereof, the City shall keep in effect insurance policies meeting the following insurance requirements. a. Liability Insurance. The City shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurence. b. Worker's Compensation. The City shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. Z i c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the City's insurance policy or policies. Not later than the effective date of this Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 9. Term. This agreement shall go into effect as of the date shown in Section 1 immediately upon the signatures of both parties and shall continue in full force unless terminated as provided below. 10. Termination. (a) This agreement may be terminated at the end of any one (1) year period by either %he City or the County giving at least six (6) months prior written notice thereof to the other party. (b) If either party is in default hereunder (except as to automatic termination under a) the non-defaulting part may give written notice of such default, and if it is not corrected within 30 days after mailing the notice, this contract may be terminated by the non-defaulting party by giving 10 days written notice thereof. COUNTY OF CONTRA COSTA EL CERRITO nn j - City or Town By n C airman, Board of Supervisorsyor ATTEST: ATTEST: N.R. OLSSON, County Clerk and - ex-officio qerk of the pard By Deputy City (SEAL) (SEAL) ME E P OV L: By 41 Colin rator v By / �Cou tor of eldfining By unty Director of Building Inspection FORM APPROVAL AND CERTIFICATION: FORM APPROVAL AND CERTIFICATION: I certify that the terms and provisions of I certify that the terms and provisions of this agreement are fully authorized under this agreement are fully authorized under State and local law and this agreement is State and local law and this agreement is executed in accordance with all applicable executed in accordance with all applicable requirements of State and local law. requirements of State and local law. JOHN B. CLAUSEN Deputy City Attorney D#ld - 2 - RESOLUTION 82-32 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO ADOPTING POLICIES FOR THE CONDUCTION OF A HOUSING REHABILITATION PROGRAM,. DESIGNATING A HOUSING REHABILITATION TARGET AREA, AND AUTHORIZING EXECUTION OF A HOUSING REHABILITATION PROGRAM SERVICES AGREEMENT WITH THE COUNTY OF CONTRA COSTA WHEREAS, The Contra Costa County Community Development Block Grant application provides for the inclusion of a portion of the City in the County Housing Rehabilitation Program; and WHEREAS, The Neighborhood Preservation Committee has provided a recommendation regarding theboundaries of the Housing Rehabilitation Target Area; and WHEREAS, The Housing .Rehabilitation Program Services Agreement provided by the County defines the roles and duties of the City and the County in implementing a Housing Rehabilitation Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito, as follows: 1 . The City Council adopts the County Housing Rehabilitation Program Policies attached as EXHIBIT "A". 2. The City Council adopts the recommended Housing Rehabilitation Target Area attached as EXHIBIT "B". 3. The City Council adopts the Housing Rehabilitation Program Services Agreement attached as EXHIBIT "C", with Contra Costa County, and authorizes the Mayor to execute said agreement. I HEREBY CERTIFY that the above and foregoing resolution was duly passed and adopted by the City Council of the City of E1 Cerrito at a regular meeting thereof held on the 21st day of June,. 1982, by the following vote: AYES: COUNCILMEMBERS: Abelson, Collins, Siri , Allen NOES: COUNCILMEMBERS: Spellmann ABSENT: COUNCILMEMBERS: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City this 21st day of June, 1982. a4,. Luci -Irish City lerk APPROVED: E. Allen, Jr. , Mayor CorY f�E SaF EfF ..OF E1 CPUrr . CAUF, CONTRA COSTA COUNTY JUL 2 8 1982 PLANNING DEPARTMENT Officr. of Courtin Administrator TO: M.G. Wingett DATE: July 26, 1982 County Administrat %, Housing Rehabilitation Anthony A. Dehaes Services Agreement: FROM: Director of Planni` SUBJECT: City of El Cerrito The County is currently administering a Housing Rehabilitation Program in the Cities of Antioch, Brentwood, Lafayette, Martinez, Pinole, Pleasant Hill, and Walnut Creek. Until recently the City of El Cerrito has been operating an independent housing rehabilitation program with a very small amount of Community Development Block Grant funds. The intent of the City was to structure a housing rehabilitation program using Marks-Foran Residential Revenue Bonds as the primary source of lendable proceeds. Due to federal regulatory changes and bond market conditions this has not proved to be feasible. In order to address its housing rehabilitation needs the City of El Cerrito has requested inclusion in the County administered program. To that end the City has approved the execution of a Housing Rehabilitation Services Agreement be placed before the Board of Supervisors for their approval. A draft Board Order is attached. AAD:jal/#1 Min.HR cc: Supervisor Powers Building Inspection RECE7JVED AUG3 J.R. OL N C F K 00AFlD OFr jy__ THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA July 27 , 1982 b the following vote: Adopted this Order on y g AYES: Supervisors Powers , Fanden, Schroder , Torlakson, McPeak. NOES: None. ABSENT: None. . ABSTAIN:None . SUBJECT: Approval of Eighth Year (1982-83) Community Development Block Grant Program Project Agreement with the City of Martinez and carry-over of funds. The Board having heard the recommendation of the Director of Planning that it approve the Community Development Block Grant program project agreement with the City of Martinez for Activity #14 - Economic Development Planning, with a payment limit of $28,315 comprised of $27,000 from the Eighth Year (1982-83) allocation and a carry-over of $1,315 from Seventh Year (1981-82) Activity - Economic Development Services; IT IS BY THE BOARD ORDERED that the above recommendation is approved and that its Chair is authorized to execute said agreement. I hereby certify that this Is a true and corroct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: JUL 2 71982 J.R. OLSSON, COUNTY CLERK and ex officio Clerk of the Board By . Deputy IWMhewi Orig. Dept.: Planning cc: County Administrator County Counsel Auditor-Controller Contractor AE PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1. Agreement Identification. Number 14 Department: County Planning Department Subject: Allocation of Federal funding under Title I of the Housing and Community Development Act of 1974, as amended 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: City of Martinez Address: 525 Henrietta Street Martinez, CA 94553 3. Term. The ef f ective dateof this Agreement is July 7 , 1982 and it terminates March 31 1983, unless sooner terminated as provided herein, subject to all terms, conditions, and assurances contained or incorporated herein. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement shall not exceed $ 28,315 5. County's Obligations. County shall make those allocation payments to the contractor described in the "Payment Provisions" attached hereto which are incorporated herein by reference, subject to all terms, conditions, and assurances contained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the "General Conditions" and the "Assurances" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Community Development Block Grant Program Application dated February 2, 1982, and approved by HUD on April 5, 1982 - ; and as more particularly described in the "Project Work Program", attached hereto. 9. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CO ACT - City Martinez, CA By. By. Chair, Board of SupervisorsBR0TZNAN-__ . ..-_ ATTEST: J. R. OLSSON, County Clerk City Manager City of Yartinez, CA By: (/ By: Deputy Designate Official Capacity in Organization) Reco rhendV by Departm nt Note to Contractor: (1) If a public agency, designate official `Y capacity in public agency and attach a certi- fied fied copy of the governing body resolution A thou A. Deh sus authorizing execution of this agreement. Form Approved: County Counsel (2) All others: Execute acknowledgment form above, and if a corporation, designate official capacity in business, execute acknow- By: `d ;" ledgment form and affix corporation seal. Deputy (Affix Appropriate Acknowledgement Form) T II n 4. ASSURANCES/CERTIFICATIONS The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally assisted program. Also, the grantee gives assurances and certifies with respect to the grant that: 1. . It possesses legal authority to make a grant submission and to execute a community development and housing program; 2. 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, all understandings and assurances contained therein, and directing and and authorizing the person identified as the official represen- tative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. 3. That prior to submission of its final statement to HUD, the grantee has met the citizen participation requirements, prepared its final statement of community development objectives and projected use of funds, and made the final statement available to the public, as required by section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; 4. It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of section 104(c)(1) of the Housing and Community Development Act of 1974, as amended. 5. Its chief executive officer and other officer of the grantee approved by HUD: (a) Consents to assume the status of a responsible Federal official under the National Environmental policy Act of 1969 and other authorities as specified in 24 CFR 58.1(a)(3); (b) Is authorized and consents on behalf of the grantee and himself/herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his-her responsibilities as such an official; and 6. The grant will be conducted and administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations issued at 24 CFR Part 1; (b) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, and implementing regulations; (c) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto (24 CFR Section 570.601); (d) Section 3 of the housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135; (e) Executive Order 11246, as amended by Executive Orders 11375 and 12086 and implementing regulations issued at 41 CFR Chapter 60; (f) Executive Order 11063 as amended by Executive Order 12259 and imple- menting regulations at 24 CFR Part 107; . (g) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended and implementing regulations when published for effect; (h) The Age Discrimination Act of 1975, as amended, (Pub. L. 94-135) and implementing regulations when published for effect; (i) The labor standards requirements as set forth in 24 CFR § 570.605 and HUD regulations issued to implement such reuirements; (j) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution; (K) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; Page 2 7. No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; 8. It will comply with the provisions of the Hatch Act which limits the political activity of employees; 9: It will give HUD and the Controller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; 10. It will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations at 24 CFR Part 42 and Section 570.602 apply to any acquisition of real property by the contractor that is carried out for an activity assisted under this Part and to the displacement of any family, individual, business, non-profit organization or farm that results from such acquisition. 11. It will comply with the lead based paint requirements of 24 CFR Part 5 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) 12. It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under 24 CFR 570 to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by , the Physically Handicapped," Number A-117. 1-11 1971, subject to the exceptions contained in 41 CFR 101-19.604. The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 13. It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of Archeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et. seq.) by: (a) Consulting with the State Historic Preservation Officer to identify pro- perties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the proposed activity, and (b) Complying with all requirements established by HUD to avoid or mitigate adverse effects upon such properties. 14. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 03-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 15. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. SE:jal/la GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows: (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. Page 2 • • 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially change the Payment Provisions or the Project Work Program. (c) Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an extension of time for performance, beyond that time specified above under "Term" (Paragraph 3). Any such extension must be in writing and shall be at the sole discretion of the County. 9. Disputes. Disagreements between the County and Contractor concerning the meaining, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the Federal Government. 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the law of the State of California. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or. employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement. The original copy of this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership,'joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". Page 3 • • 17. Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No person will publish or disclose or permit or cause to be pulbished or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by alw may be guilty of a misdemeanor. 18. Indemnification. (a) Contractor hereby waives all claims and recourse against the County including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of County, its officers, agents and employees. (b) The Contractor shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, construction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers,agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liability Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. Page 4 • 21. Available Copies. Copies of the County's Project documents (as specified in Paragraph 8, Project, of this Agreement), and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly vested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction of plans and speci- fications shall be reviewed and approved by the Contractor before construction is com- menced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such real property shall be determined in accordance with the requirements contained in Department of Housing and urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment. SE:jal/la PAYMENT PROVISIONS 1. Payment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. if said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. Page 2 The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contactor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days.of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jal/la 3/16/82 Page 2 • • EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1982-1983 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 14. Economic Development Planning. This project will provide stafifng for various projects listed below as well as serve as a liason between the downtown private sector, the City of Martinez, property owners and downtown businesses to promote job creation and economic vitality. Staffing will be provided for: I. AMTRAK Station Improvements - Coordinate the activities of 10 agencies to insure construc- tion and completion of scheduled AMTRAK Station improvements. MTC has allocated funds for the project. 2. Waterfront Development - Pursuant .to action by the Waterfront Development Task Force it January 1982, various methods for Marina development need to be investigated and implemen- ted. 3. Historic District Designation - Work with Martinez Historical Society and downtown property owners to obtain state recognition for downtown area as Historical District. 4. Civic Center Expansion - Staffing is needed for a joint City/County committee which h exploring possible future County expansion in the Downtown. 5. Keystone Area Study - Expolore and implement methods to encourage high density residential and mixed use development in the Downtown urban transition zone know as the "Keystone". B. PROJECT TIME SCHEDULE Time Schedule on a month-by-month basis for the above Project indicating when major activity items are expected to be undertaken and completed. Work Item Start Date Completion Date 1. AMTRAK: Land transfer negotiation with SP: (Ongoing) Refurbishment of AMTRAK building: July 1982 September 1982 Storm Drainage Improvements: August 1982 October 1982 Parking Lot Improvements: September 1982 December 1982 2. HISTORIC DISTRICT DESIGNATION: Inventory June 1982 July 1982 Application July 1982 August 1982 3. WATERFRONT DEVELOPMENT July 1982 March 1983 4. CIVIC CENTER: (Ongoing) 5. KEYSTONE: Staff investigation and report to Council: June 1982 September 1982 Implementation: (Ongoing) C. PROJECT GOALS Contractor shall define project objectives. Project goals will vary depending upon the type of project. 1. To noticably enhance the economic vitality in Downtown Martinez, evident by aesthetic improve ments, sales tax increase, and increased job formation. 2. To provide long term solutions and plans of action to cure econimic stagnation in the Downtown. 3. To inventory homes and make application to State for Historical designation. 4. To improve the working relationship between the Downtown private sector and the City of Martinez 5. Engineer development programs to assist households in need in the Martinez NPA. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS Contractor should indicate, where applicable, what performance standards (details of project implementation) will be applied in implementing the Work Program. 1. "In all contracts, purchase agreements, invoices entered, the contractor shall comply with all applicable provisions contained in the County's "Guide For Compliance With Assurances and Certifications Under The Housing And Community Development Act." 2. In all contracts, purchase agreements, contracts, invoices entered into . over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the supplier service prior to the receipt of any goods or initiation of any services. The required forms are available from the County Planning Department. 3. All contracts under $10,000 entered into shall be in compliance with procurement procedures contained in Office Management and Budget (OMB) Circular A-102, attachment 0 and any other applicable HUD regulations. 4. In all construction contracts over $2,000 enforce and administer Labor Standards Requirements in accordance with Title 1 of the Housing and Community Development Act of 1974, HUD Handbook 6500.3 - Labor Standards Administration Enforcement, Community Development Block Grant Program, and as provided in Assurance No. 6i, of the Compliance Guide cited. 5. All construction contracts over $10,000 shall be in compliance with bid procedures contained in Assurance No. 3 and Appendix IV of the Compliance Guide cited. 6. All construction contracts over $100,000 shall be in compliance with the bonding and insurance requirements contained in OMB A-102 Attachment B, and with the requirements of the Clean Air Act and Federal Water Pollution Control Act. 7. Ensure that access to the handicapped will be provided in accordance with the requirements of the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1071. 8. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 9. Transmit to the County Planning Department a copy of all construction contracts over $2,000 prior to the contract being advertised to ensure that all appropriate requirements and provisions have been included. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Brad Segal City of Martinez 525 Henrietta Street Martinez, CA 94553 372-4932 #AP Page 4 • PROJECT WORK PROGRAM F. PROGRAM MONITORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representatives, where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 14 City of Martinez 525 Henrietta Street Martinez, CA 94553 BUDGET PERIOD: June 1 , 1982 March 31 , 198 (a) (b) (c) (d) Budget Item CD Funds - $ -`+Other Funds - $ = Total - $ 14. ECONOMIC DEVELOPMENT _ $28,315 47, $28,315 PLANNING - Staff Salary Fringes - Misc. e TOTAL $28,315 _.0_. $28,315 Notes: (a) Detailed categories pursuant to OMB A-102. (b) Items are eligible to be funded by CDBG funds. (c) Estimate of other necessary expenditures that cannot be funded with CD monies; and indication of anticipated sources. (d) Sum of (b) and (c) above including both Community Development and non- Community Development funds. (e) Contract Payment Limit for CD project. y y • • RESOLUTION NO . 103-82 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARTINEZ APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROJECT AGREEMENT RE: ECONOMIC DEVELOPMENT PLANNING THE CITY COUNCIL OF THE CITY OF MARTINEZ DOES RESOLVE AS FOLLOWS: SECTION I. The Martinez City Council approves the 1982-83 CDBG Program Project Agreement with regard to Economic Development Planning which provides for the allocation of $28,315 for staffing and miscellaneous. SECTION II. T he City Manager is hereby approved and authorized to execute the agreement with the County and the City of Martinez. SECTION III.This Resolution shall become effective immediately upon its passage and adoption. I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution duly adopted by the City Council of the City of Martinez at a regular meeting of said Council held on the 7th day of July, 1982 by the following vote: AYES: Councilmembers Dothee , Radke and Vice b'ayor Feyh. NOES: None . ABSENT: Councilmember Patrick and Mayor Schaefer . NOT VOTING: None . Lawrence J. Kowalski, Ci Clerk City of Martinez CONTRA COSTA COUNTY Contra Costa County PLANNING DEPARTMENT RECEIVED JUL 19 1982 TO: M.G. Wingett DATE: June 10, 1982 Off;Ce; off County Administrator% County Admii+'Stra'tor Eighth Year (1982-8 - Community Development FROM: Anthony D. Dehaes SUBJECT: Block Grant Program Director of Plannin Project Agreement City of Martinez I ' Attached please find five copies of the Eighth Year (1982-83) Community Development Block Grant Program project agreement with the City of Martinez, implementing Activity #14 - Economic Development Planning with a payment limit of $28,315. This allocation is composed of $27,000 from Eighth Year funds and $1,31-5 in carry-over from Seventh Year Activity - Economic Development Services. This agreement has been approved by the Martinez City Council and County Counsel's Office. A draft Board Order is also attached. Please place this item on your agenda for the next Board meeting. AAD:jal/#lMin.ME Attachments cc: County Counsel Auditor/Controller t.... �a OF\'E .r. rIL-CE P ti a J�.1RJ1..�U968iN C'''LLGK `OARO OF ? _^ ORS puty h THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 20 , 1982 by the following vote: AYES: Supervisors Powers , Fanden, Schroder , Torlakson, McPeak, NOES: None. ABSENT: None. ABSTAIN: None. SUBJECT: Approval of Eighth Year (1982-83) Community Development Block Grant Program Project Agreement with the City of San Pablo. The Board having heard the recommendation of the Director of Planning that it approve the Eighth Year (1982-83) Community Development Program Project Agree- ment with a total payment limit of $402,116.37 composed of the following activities, allocations and carried over funds: Activity/# Allocation/Year #9 - Housing Assistance Plan $249000 (8th Year) Implementation 412 - Housing Rehabilitation 294,000 (8th Year) (From 7th Year Activity #48/52 - Housing Rehabilitation) 84,116.37 (7th Year Carryover) $4029116.37 IT IS BY THE BOARD ORDERED that the above recommendation is approved and that its Chair is authorized to execute said agreement. f 1iN6retiy Eertify that this Is a true and'correctcopyor ah 8cfion taken and entered on the minutes of the Board of Supe'rvisore on the date shown. ATTEVED: JUL 2 o 1982 J.R. OLSSON, COUNTY CLERK and ex off to Clerk of the Board by , Deputy ,C. Matthews Orig. Dept.: Planning cc: County Administrator Auditor/Controller County Counsel Contractor #SC PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1. Agreement Identification. Number 9 & 12 Department: County Planning Department Subject: Allocation of Federal funding under Title I of the Housing and Community Development Act of 1974, as amended 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: . .City of San Pablo Address: One Alvarado Square San Pablo, CA 94806 3. Term. The effective date of this Agreement is July 20,1982 and it terminates March 31, 1983 , unless sooner terminated as provided herein, subject to all terms, conditions, and assurances contained or incorporated herein. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement shall not exceed $402,116.37 5. County's Obligations. _ County shall make those allocation payments to the contractor described in the "Payment Provisions" attached hereto which are incorporated herein by reference, subject to all terms, conditions, and assurances contained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the "General Conditions" and the "Assurances" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated/herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Community Development Block Grant Program Application dated February 2, 1982, and approved by HUD on April S, 1982 8 and as more particularly described in the "Project Work Program", attached hereto. 9. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By: V �`'�' `��'(�`� By: ity Manager Chair, Board of Supervisors esigilate Official Capacity ATTEST: J. R. OLSSON, County Clerk in Organization) By: By: eputy Designate Official Capacity in Organization) Recomme ed by Dep tment Note to Contractor: I (1) If a public agency, designate official By capacity in public agency and attach a certi- Anth ny A. De aesus fied copy of the governing body resolution authorizing execution of this agreement. Form Approved: County Counsel (2) All others: Execute acknowledgment form above, and if a corporation, designate -- official capacity in business, execute acknow- By a'� �;�=; n. �r - � 'a' ledgment form and affix corporation seal. Deputy (Affix Appropriate Acknowledgement Form) D#8 ASSURANCES/CERTIFICATIONS The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally assisted program. Also, the grantee gives assurances and certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission and to .execute a community development and housing program; 2. 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, all understandings and assurances contained therein, and directing and and authorizing the person identified as the official represen- tative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. 3. That prior to submission of its final statement to HUD, the grantee has met the citizen participation requirements, prepared its final statement of community development objectives and projected use of funds, and made the final statement available to the public, as required by section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; 4. It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of section 104(c)(1) of the Housing and Community Development Act of 1974, as amended. 5. Its chief executive officer and other officer of the grantee approved by HUD: (a) Consents to assume the status of a responsible Federal official under the National Environmental policy Act of 1969 and other authorities as specified in 24 CFR 58.1(a)(3); (b) Is authorized and consents on behalf of the grantee and himself/herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his-her responsibilities as such an official; and 6. The grant will be conducted and administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations issued at 24 CFR Part 1; (b) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, and implementing regulations; (c) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto (24 CFR Section 570.601); (d) Section 3 of the housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135; (e) Executive Order 11246, as amended by Executive Orders 11375 and 12086 and implementing regulations issued at 41 CFR Chapter 60; (f) Executive Order 11063 as amended by Executive Order 12259 and imple- menting regulations at 24 CFR Part 107; (g) Section 504 of the Rehabilitation Act of 1973 (Pub, L. 93-112), as amended and implementing regulations when published for effect; (h) The Age Discrimination Act of 1975, as amended, (Pub. L. 94-135) and implementing regulations when published for effect; J d' vSa+' (i) The labor standards requirements as set forth in 24 CFR 570.605 and HUD regulations issued to implement such reuirements; (j) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water e pollution; L o.. (K) The regulations, policies, guidelines and requirements of OMB Circular Y.., Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Fed(^eral funds under this federally-assisted program; Page 2 7. No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect,in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; 8. It will comply with the provisions of the Hatch Act which limits the political activity of employees; 9. It will give HUD and the Controller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; 10. It will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations at 24 CFR Part 42 and Section 570.602 apply to any acquisition of real property by the contractor that is carried out for an activity assisted under this Part and to the displacement of any family, individual, business, non-profit organization or farm that results from such acquisition. 11. It will comply with the lead based paint requirements of 24 CFR Part 5 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) 12. It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under 24 CFR 570 to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by , the Physically Handicapped," Number A-117. 1-R 1971, subject to the exceptions contained in 41 CFR 101-19.604. The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 13. It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of Archeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et. seq.) by: (a) Consulting with the State Historic Preservation Officer to identify pro- perties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the proposed activity, and (b) Complying with all requirements established by HUD to avoid or mitigate adverse effects upon such properties. 14. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 03-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 15. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to •be utilized in the project is under consideration for listing by the EPA. SE:jal/la ' nf GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows: (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the .subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. i rfp A _ -Y li Page 2 • i 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially change the Payment Provisions or the Project Work Program. (c) Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an extension of time for performance, beyond that time specified above under "Term" (Paragraph 3). Any such extension must be in writing and shall be at the sole discretion of the County. 9. Disputes. Disagreements between the County and Contractor concerning the meaining, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the Federal Government. 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the law of the State of California. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or State requirements. 12. - No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement. The original copy of this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". 6: `i1 r Page 3 . 17. Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No person will publish or disclose or permit or cause to be pulbished or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by alw may be guilty of a misdemeanor. 18. Indemnif ication. (a) Contractor hereby waives all claims and recourse against the County including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of County, its officers, agents and employees. (b) The Contractor shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, construction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liability Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy• or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. ' rr Page 4 .K.�e 21. Available Copies. Copies of the County's Project documents (as specified in Paragraph 8, Project, of this Agreement), and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the 's Planning Department, Martinez, California. " x 22. Retained Powers. All powers not explicitly vested in the Contractor remain in the County. -,.:. 23. Project Development. (a) If the Project includes construction, the construction of plans and speci- fications shall be reviewed and approved by the Contractor before construction is com- menced. (b) The Contractor shall secure completion of the construction work .in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such real property shall be determined in accordance with the requirements contained in Department of Housing and urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment. SE:jal/la PAYMENT PROVISIONS 1. Payment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report-and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor ' under this Agreement, Contractor shall remit any such excess amount to County. b r= i Page 2 • • The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contactor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jai/la 3/16/82 _ i � S 1 . Page 2 • . EXHIBIT A ..,_ CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1982-1983 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION #9 - Housing Assistance Plan Implementation (HAP) - This activity involves the implementation of supportative activities relative to the County/City Housing Assistance Plan and the City Housing Element policies and action programs. #12 - Housing Rehabilitation - This activity consists of the following: a Continuation of housing rehabilitation and code enforcement, program offering the following loans and services: reduced interest rate (BMIR) rehab loans, 3% and 0% deferred loans, short term Construction Loans, emergency, relocation and settlement cost grants, plus technical and financial counseling to qualified residents in the North and South NPA. Community Development Funds will be supplemented with SB-99 rehabili- tation revenue bond proceeds and the State SB-966 loan commitments. b) A Neighborhood Beautification and clean-up program consisting of a painting rebate and dumpster program. c) A Demolition Revolving Fund Program to front the costs of demolishing vacant, substandard buildings in the North and South NPA. Liens will be placed against the affected properties to ensure the recovery of such funds, with the intention that the program will be self-supporting at some future date. B. PROJECT TIME SCHEDULE Time Schedule on a month-by-month basis for the above Project indicating when major activity items are expected to be undertaken and completed. Work Item Start Date Completion Date #9 (HAP) Continue HAP Activities April 15, 1982 March 31, 1983 Housing Rehabilitation a) Hire or continue existing staff for housing rehab program April 15, 1982 March 31, 1983, b) Receive applications, process architectural and financial packages, monitor and complete construction, make loans and grants for rehab. April 15, 1982 March 1, 1983 c) Start painting rebate and Dumpster Program March, 1982 March 31, 1983 d) Continue City Abatement Program, monitor and demolish"vacant porperties April 15, 1982 March 31, 1983 C. PROJECT GOALS Contractor shall define project objectives. Project goals will vary depending upon the type of project. #9 (HAP) - To continue implementing supportive activities relative to the County-City HAP as well as to thel policies and action programs in the City Housing Element, primarily relating to provision of affordable housing to low and moderate income households. #12 Housing Rehabilitation a) To provide various types of financial and technical assistance through loans ranging from 3-5% BMIR loans, o% and 3% deferred loans,, interim Construction Loans, grants or combinations thereof and thus enable approximately 60 families in the North and South San Pablo NPA to renovate and/or refinance their homes.. b) To provide cash rebates to 100 painting program participants in the North and South San Pablo NPA. . . c) To provide approximately 40 debris boxes during Sprin of 1983 at various intersections in the North:an� South San Pablo NPA and thus encourage clean-up by individual residents and whole neighborhoods. d) To provide funds for the demolition of 9-10 vacant substandard properties in the North and South'Sar. : Pablo NPA. w C� Page 3 • PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS Contractor should indicate, where applicable, what performance standards (details of project implementation) will be applied in implementing the Work Program. 1. "In all contracts, purchase agreements, invoices entered, the contractor shall comply with- all applicable provisions contained in the County's "Guide For Compliance With Assurances and Certifications Under The Housing And Community Development Act." 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the supplier service prior to the receipt of any goods or initiation of any services. The required forms are available from the County Planning Department. 3. All contracts under $10,000 entered into shall be in compliance with procurement procedure: contained in Office Management and Budget (OMB) Circular 1-102, attachment 0 and any other applicable HUD regulations. 4. In all construction contracts over $2,000 enforce and administer Labor Standards Requirements in accordance with Title I of the Housing and Community Development Act of 1974, HUD Handbook 6500.3 - Labor Standards Administration Enforcement, Community Development Block Grant Program, and as provided in Assurance No. 14, Appendices VIII - XIII of the Compliance Guide cited. 5. All construction contracts over $10,000 shall be in compliance with bid procedures contained in Assurance No. 3 and Appendix IV of the Compliance Guide cited. 6. All construction contracts over $100,000 shall be in compliance with the bonding and insurance requirements contained in OMB A-102 Attachment .B, and with the requirements of the Clean Air Act and Federal Water Pollution Control Act. 7. Ensure that access to the handicapped will be provided in accordance with the requirements of the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1071. 8. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 9. Transmit to the County Planning Department a copy of all construction contracts over $2,000 prior to the contract being advertised to ensure that all appropriate requirements and provisions have been included. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Steve MathL-ws,� Housing Director Manny Ungson, Housing Services Coordinator One Alvarado Square San Pablo, CA 94806 234-6486 #SP S'. Page 4 . PROJECT WORK PROGRAM F. PROGRAM MONITORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representatives, where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: City of San Pablo ACTIVITY NUMBER: 9 fr 12 One Alvarado Square San Pablo, CA 94806 BUDGET PERIOD: July 1, 1982-March 31, 1983 (a) (b) (c) (d) Budget Item CD Funds - $ 40ther Funds - $ = Total - $ 9. HAP $24,000 -0- $24,000 - Personnel Program 12. HOUSING REHABILITATION $378,116.37 $170,000 $548,116.37 PROGRAM Loans/Grants Program 206,720 -0- 206,720 - Loans/Grants - Loan Fee Subsidies - Low Interest Loans - Zero Interest $ Deferred Loans - Demolition Revolving Fund Personnel Administration 171,396.37 -0- 171,396.37 Incremental Staff Salaries (housing director, two housing rehab. specialists, Adm. Asst. , Planner, Drafter, Secretary.) - Materials/Supplies - Program Costs * SB 966 State Loan Program e) TOTAL $402,116.37 $170,000 $572,116.37 Notes: (a) Detailed categories pursuant to OMB A-102. (b) Items are eligible to be funded by CDBG funds. (c) Estimate of other necessary expenditures that cannot be funded with CD monies; and indication of anticipated sources. (d) Sum of (b) and (c) above including both Community Development and non- Community Development funds. (e) Contract Payment Limit for CD project. The foregoing resolution was passed and adopted by the City Council of the City of San Pablo at a regular meeting of said City Council, held on the 6th day of July, 1982, by the following vote to wit: AYES: Councilmembers: Gomes, Daniels, Koepke, Armstrong, and Carmignani NOES: Councilmembers: None ABSENT: Counci]members: None APPROVED: Kathryn L. Carmignani, Mayor ATTEST: Charlotte hI ggard, City Clerk 11j6 jOjq"jAOjrj�' is as full, true 'ity Clerk t RESOLUTION NO. 82-77 .Gn RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AUTHORIZING EXECUTION OF THE EIGTH YEAR (1982-83) PROJECT AGRMIENT FOR THE CO'i10UNITY DEVELOPM-i BLOCK GRANT PROGRP24 WITH THE COUNTY OF CONTRA COSTA TO IA/PLBENT THE HOUSING AND COM_UNITY DEVELOPA= ACT OF 1977, AS P2=ED. WHEREAS, the City Council of San Pablo does hereby resolve as follows: WHEREAS, the San Pablo City Council approves the Eigth Year 1982-83 Conmunity Development Block Grant Program Project Agreement with the County of Contra Costa in the amount of !p002,116.37 to implement the Housing and Community Development Act of 1977, as amended; and WHEREAS, the San Pablo City Council approves the activities and alloca- tions in the 1982-33 Year Comrnmity Development Block Grant Program Project Agreement as contained in "Exhibit A - Project Work Programs"; and WHEREAS, the City Manager is hereby approved and authorized to execute the Eigth Year (1982-8.3) Year Project Agreement with the County of Contra Costa on behalf of the City of San Pablo and the Housing Director is authorized to submit all payment demands and required reports to implement said Agreement. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that this resolution shall become effective immediately upon its passage and adoption. * * * * * * * * * * * CONTRA COSTA COUNTY PLANNING DEPARTMENT M.G. Wingett July 12, 1982 TO: County Administrato DATE: Eighth Year (1982-83) I 1 Community Development Anthony A. Dehaes Block Grant Program FROM: Director of Plannin'gi 1 SUBJECT: Project Agreement, City of San Pablo Attached please find five copies of the Eighth Year (1982-83) CDBG Program Project Agreement with the City of San Pablo for implementation of Activity #9 - Housing Assistance Plan Impelmentation and Activity #12 - Housing Rehabilitation Program. The payment limit of this agreement is $402,116.37, comprised of $24,000 from the Eighth Year (1982-83) allocation for Activity #9 and $294,000 from the Eighth Year (1982-83) Allocation and $84,116.37 carried over from the Seventh Year (1981-82) Activity #48/52 - Housing Rehabilitation for Activity 4112. This agreement has been approved by the San Pablo City Council and County Counsel's Office. Please place this item on the agenda for the next Board meeting. cc: County Counsel Auditor/Controller Court Costa County `E, U JUL 1 '' 1982 R. oLssorJ �i1fic� C Of R PCARDOF UPERVISORS County Administrator ii TA CO. ...... 4; Deputy 9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 2Q , 1982 by the following vote: AYES: Supervisors Powers , Fanden, Schroder , Torlakson, McPeak. NOES: None . ABSENT: None. ABSTAIN: None . SUBJECT: Approval of the Eighth Year (1982-83) Community Development Block Grant Program Project Agreement with the City of El Cerrito. The Board having heard the recommendation of the Director of Planning that it approve the Eighth Year (1982-83) Community Development Program Project Agree- ment with the City of El Cerrito implementing Activity #10 - Housing Conservation Program with a total payment limit of $27,890.52 comprised of $20,000 from the Eighth Year allocation and $7,890.52 carryover from Seventh Year (1981-82) Activity #24 - Housing Conservation Program; IT IS BY THE BOARD ORDERED that the above recommendation is approved and that its Chair is authorized to execute said agreement. I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: JUL 2 01982 J.R. OLSSON, COUNTY CLERK and ex of Iclo Clerk of the Board A,/ By Deputy ^. MatthevA Orig. Dept.: Planning cc: County Administrator Auditor/Controller County Counsel Contractor J #CE / PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1. Agreement Identification. Number 10.. Department: County Planning Department Subject: Allocation of Federal funding under Title I of the Housing and Community Development Act of 1974, as amended 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: City of E1 Cerrito Address: 10890 San Pablo Avenue E1 Cerrito, CA 94530 3. Term. The effective date of this Agreement is July 20. 1982 and it terminates March 31, 1983 , unless sooner terminated as provided herein, subject to all terms, conditions, and assurances contained or incorporated herein. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement 'shall not exceed $ 27,890.52. 5. County's Obligations. County shall make those allocation payments to the contractor described in the "Payment Provisions" attached hereto which are incorporated herein by reference, subject to all terms, conditions, and assurances contained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the "General Conditions" and the "Assurances" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part`the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Community Development Block Grant Program Application dated February 2, 1982, and approved by HUD on April 5, 1982 ; and as more particularly described in the "Project Work Program", attached hereto. 9. Signatures. These signatures attest the parties' agreement hereto4 COUNTY OF CONTRA COSTA, CALIFORNIA CON ACTOR By: By: N Chair, Board of Supervisors esignate Official Capacity ATTEST: J. R. OLSSON, County Clerk in Organization) Ronald D. Creag City Manager By: �,y By Deputy O signate Official pacity in Organizatio ) City Clerk Recomme ed by Dep ' tment Note oto Contractor: (1) If a public agency, designate official capacity in public agency and attach a certi- jy• fied copy of the governing body resolution Ant 'ony A. ehaesus authorizing execution of this agreement. Form Approved: County Counsel (2) All others: Execute acknowledgment form above, and if a corporation, designate official capacity in business, execute acknow- By: ledgment form and affix corporation seal. Deputy (Affix Appropriate Acknowledgement Form) D#8 t ASSURANCES/CERTIFICATIONS 4 The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally assisted program. Also, the grantee gives assurances and certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission and to execute a community development and housing program; 2. 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, all understandings and assurances contained therein, and directing and and authorizing the person identified as the official represen- tative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. 3. That prior to submission of its final statement to HUD, the grantee has met the citizen participation requirements, prepared its final statement of community development objectives and projected use of funds, and made the final statement available to the public, as required by section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; 4. It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of section 104(c)(1) of the Housing and Community Development Act of 1974, as amended. 5. Its chief executive officer and other officer of the grantee approved by HUD: (a) Consents to assume the status of a responsible Federal official under the National Environmental policy Act of 1969 and other authorities as specified in 24 CFR 58.1(a)(3); (b) Is authorized and consents on behalf of the grantee and himself/herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his-her responsibilities as such an official; and 6. The grant will be conducted and administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations issued at 24 CFR Part 1; (b) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, and implementing regulations; (c) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto (24 CFR Section 570.601); (d) Section 3 of the housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135; (e) Executive Order 11246, as amended by Executive Orders 11375 and 12086 and implementing regulations issued at 41 CFR Chapter 60; (f) Executive Order 11063 as amended by Executive Order 12259 and imple- menting regulations at 24 CFR Part 107; (g) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended and implementing regulations when published for effect; (h) The Age Discrimination Act of 1975, as amended, (Pub. L. 94-135) and implementing regulations when published for effect; (i) The labor standards requirements as set forth in 24 CFR § 570.605 and HUD regulations issued to implement such reuirements; (j) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution; (K) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised,'A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; Page 2 " 7. No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; 8. It will comply with the provisions of the Hatch Act which limits the political activity of employees; 9. It will give HUD and the Controller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; 10. It will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations at 24 CFR Part 42 and Section 570.602 apply to any acquisition of real property by the contractor that is carried out for an activity assisted under this Part and to the displacement of any family, individual, business, non-profit organization or farm that results from such acquisition.. 11. It will comply with the lead based paint requirements of 24 CFR Part 5 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) 12. It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under 24 CFR 570 to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by , the Physically Handicapped," Number A-117. 1-R 1971, subject to the exceptions contained in 41 CFR 101-19.604. The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 13. It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of Archeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et. seq.) by: (a) Consulting with the State Historic Preservation Officer to identify pro- perties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the proposed activity, and (b) Complying with all requirements established by HUD to avoid or mitigate adverse effects upon such properties. 14. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 03-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 15. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are.not listed on the Environmental Protection Agency's (EPA) list of Violating.Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. SE:jal/la GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. - Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows: (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event. the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of.the County Department for which this Agreement is made or his designee. Page 2 • • 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially change the Payment Provisions or the Project Work Program. (c) Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an extension of time for performance, beyond that time specified above under "Term" (Paragraph 3). Any such extension must be in writing and shall be at the sole discretion of the County. 9. Disputes. Disagreements between the County and Contractor concerning the meaining, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the Federal Government. 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the law of the State of California. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement. The original copy of this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". Page 3 • • 17. Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No person will publish or disclose or permit or cause to be pulbished or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by alw may be guilty of a misdemeanor. 18. Indemnification. (a) Contractor hereby waives all claims and recourse against the County including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of County, its officers, agents and employees. (b) The Contractor shall defend and .indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, construction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liability Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. 'Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. r' � • Page 4 21. Available Copies. Copies of the County's Project documents (as specified in Paragraph 8, Project, of this Agreement), and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly vested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction of plans and speci- fications shall be reviewed and approved by the Contractor before construction is com- menced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such real property shall be determined in accordance with the requirements contained in Department of Housing and urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the.County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County.' Contractor agrees in negotiated purchases to correct prior to or at the close of escrow any . defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment. SE:jal/la PAYMENT PROVISIONS 1. Payment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject,to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. Page 2 The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contactor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jal/la 3/16/82 Page 2 • • EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1982-1983 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 10. Housing Conservation Program. To provide a certificate of occupancy program for rental housing through voluntary code enforcement, paint reimbursement program and smoke detector grants to eligible city residents. B. PROJECT TIME SCHEDULE Time Schedule on a month-by-month basis for the above Project indicating when major activity items are expected to be undertaken and completed. Work Item Start Date Completion Date 1. Certificate of.Occupancy Program July 1, 1982 March 30, 1983 2. Paint Reimbursement Program July 1, 1982 December 30, 1982 3. Smoke Detector Program July 1, 1982 March 30, 1983 C. PROJECT GOALS Contractor shall define project objectives. Project goals will vary depending upon the type of project. 1. Inspect for Certificate of Occupancy, 900 rental units during the program year starting July 1982, averaging 300 per quarter. 2. Make 24 grants at $150 each for the paint reimbursement program. 3. Make 40 grants at $35 each for the smoke detector program. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS Contractor should indicate, where applicable, what performance standards (details of project implementation) will be applied in implementing the Work Program. I. "In all contracts, purchase agreements; invoices entered, the contractor shall comply with all applicable provisions contained in the County's "Guide For Compliance With Assurances and Certifications Under The Housing And Community Development Act." 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, . the contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the supplier service prior to the receipt of any goods or -initiation of any services. The required forms are available from the County Planning Department. 3. All contracts under $10,000 entered into shall be in compliance with procurement procedures contained in Office Management and Budget (OMB) Circular 1-102, attachment 0 and any other applicable HUD regulations. 4. In all construction contracts over $2,000 enforce and administer Labor Standards Requirements in accordance with Title 1 of the Housing and Community Development Act of 1974, HUD Handbook 6500.3 - Labor Standards Administration Enforcement, Community Development Block Grant Program, and as provided in Assurance No. 14, Appendices VIII - XIII of the Compliance Guide cited. 5. All construction contracts over $10,000 shall be in compliance with bid procedures contained in Assurance No. 3 and Appendix IV of the Compliance Guide cited. 6. All construction contracts.over $100,000 shall be in compliance with the bonding and insurance requirements contained in OMB A-102 Attachment B, and with the requirements of the Clean Air Act and Federal Water Pollution Control Act. 7. Ensure that access to the handicapped will be provided in accordance with the requirements of the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1071. 8. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 9. Transmit to the County Planning Department a copy of all construction contracts over $2,000 prior to the contract being advertised to ensure that all appropriate requirements and provisions have been included. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Jean Smith City of El Cerrito 10890 San Pablo Ave. El Cerrito, CA 94530 235-4310 #HC Page 4 �. PROJECT WORK PROGRAM F. PROGRAM MONITORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representatives, where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to.assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: City of E1 Cerrito ACTIVITY NUMBER: 10 10890 San Pablo Avenue E1 Cerrito, CA 94530 BUDGET PERIOD: July 1, 1982-March 31, 1983 (a) (b) (c) (d) Budget Item CD Funds - $ -+Other Funds - $ = Total - $ 10. HOUSING CONSERVATION $27,890.52 -0- $27,890.52 PROGRAM - Code enforcement - Purchase paint - Purchase smoke detectors - Administration (e) TOTAL $27,890.52 -0- $27,890.52 Notes: (a) Detailed categories pursuant to OMB A-102. (b) Items are eligible to be funded by CDBG funds. (c) Estimate of other necessary expenditures that cannot be funded with CD monies; and indication of anticipated sources. (d) Sum of (b) and (c) above including both Community Development and non- Community Development funds. (e) Contract Payment Limit for CD project. RESOLUTION 82- 47 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO, CALIFORNIA, AUTHORIZ- ING EXECUTION OF THE EIGHTH YEAR (1982-83) PROJECT AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF CONTRA COSTA TO IMPLEMENT THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED The City council of the City of El Cerrito does hereby resolve as follows : Section 1. The E1 Cerrito City Council approves the 1982-83 Year Community Block Grant Program Project Agreement with the County of Contra Costa to implement the Housing and Community Development Act of 1974 as amended. Section 2. The El Cerrito City Council approves the activities and allocations in the 1982-83 Year Community Development Block Grant Program Project Agreement as contained in "Exhibit A - Project Work Program". Section 3. The City Manager is hereby authorized and instructed to execute the 1982-83 Year Project Agreement with the County of Contra Costa on behalf of the City of E1 Cerrito. Section 4. This resolution shall become effective immediately upon its passage and adoption. I HEREBY CERTIFY that the above and foregoing resolution was duly passed and adopted by the City Council of the City of El Cerrito, at a regular meeting thereof, held on the 6th day of July, 1982, by the following vote: AYES: COUNCILMEMBERS: Abelson, Collins, Siri , Spellmann, Allen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said city this 6th day of July, 1982. Lucille ,Irish, City Clerk APPROVED: es E. A11en, Jr. , Mayor % ;(Ti l . 1; T!d! Cr3 l/ C�Eic1 's ii cri r. EL W`F ITO, CA1i7. gnr/6/30/82 1 , a �. CONTRA COSTA COUNTY PLANNING DEPARTMENT TO: M.G. Wingett DATE: July 13, 1982 County Administrator Eighth Year (1982-83) Community Development Block FROM: Anthony A. Dehaes r\ Community SUBJECT: Grant Program Project Director of Plannin Agreement with the City £ 1 of E1 Cerrito U _ Attached please find five copies of the Eighth Year (1982-83) CDBG Program Project Agreement with the City of El Cerrito implementing Eighth Year (1982-83) Activity #10 - Housing Conservation Program. The total payment limit is $27,890.52 and is composed of $20,000 from the Eighth Year allocation and $7,890.52 carried over from Seventh Year (1981-82) Activity #24 - Housing Conservation Program. This agreement has been approved by the El Cerrito City Council and County Counsel's Office. Please place this item on the agenda for the next Board meeting. A draft Board Order is attached. AAD:jal/#C.EC enc. cc: County Counsel Auditor/Controller r...._. pg ppm s RECEIVED � �1-1�2�ig82 J.R. OLSSON O K SOARD OF SUPERVISORS 1' eputy vv. c Costa Coo,-,[y FIE k EEVED JUL 1 << 1982 /' CT Of"lice of COU!ItY Administrator r ._ T1494BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 13, 1982 , by the following vote: AYES: Supervisors Powers , Fanden, Schroder, Torlakson , McPeak. NOES: None . ABSENT: None . ABSTAIN: None . SUBJECT: Approval of Agreements with the City of Concord and the Housing Alliance of Contra Costa County, Inc., for the Eighth Year (1982-83) Community Development Block Grant Program. The Board having heard the recommendation of the Director of Planning that it approve both the Community Development Program Fair Housing Services Agreement between the County and City of Concord in the amount of $25,000 and the Community Development Program Project Agreement between the County and the Housing Allinace which is comprised of $65,000 from the Eighth Year allocation plus $50,175.23 carryover from the previous Seventh Year Program Activity - Fair Housing Service for a combined total Eighth Year payment limit of $140,175.23 for Activity #6 - Housing Counseling. It shall be noted that the County will administer the City of Concord's contribu- tion to facilitate program administration for the Housing Alliance; IT IS BY THE BOARD ORDERED that the above recommendation is approved and that its Chair is authorized to execute said agreement. hereby certify that this la n true and correct cagy of an action taken and entered on the minutes of the Board of Supenisors on the date shown. ATTESTED: JUL 13 1982 J.R. OLSSSON, COUNTY CLERK and ex officio Clcrk of the Board By , Deputy 2 C. Matthews Orig. Dept.: Planning cc: County Administrator County Counsel Auditor-Controller Contractor #AA City of Concord CUNTR4 COSTri COUNTY AUG 16 30 PHONE: (415) 671- 3291 CITY COUNCIL Diane Longshore,Mayor August 4, 1982 Stephen L.Weir,Vice Mayor June V. Bulman Colleen Coll Ronald K.Mullin Farrel A.Stewart,City Manager Mr. Skip Epperly Contra Costa County Planning Department P. 0. Box 591 Martinez, California 94553 Dear Mr. Epperly: Fair Housing Services Agreement Enclosed is a fully executed copy of the renewed agreement with Contra Costa County for dispersal of Community Development funds for the Housing Alliance, commencing July 1, 1982 and terminating March 31, 1983. A certified copy of the authorizing Resolution 82-6747, adopted by the City Council on July 12, 1982, is also enclosed. Very truly yours, (MS. ) BERNADETTE CARROLL City Clerk BC:baj Enclosure cc: Community Development CONCORD CIVIC CENTER 1950 PARKSIDE DRIVE CONCORD CALIFORNIA 94519 ouv Nl,y U // 1: CA*11%k Uk X 1 BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD 2 COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA 3 A Resolution Approving Renewal of a Contract With Contra Costa County 4 for Dispersal of Community Develop- ment Funds for the Housing Alliance 5 of Contra Costa County, Inc. and Authorizing Execution by Mayor . RESOLUTION NO. 82-674 6 7 WHEREAS , the City Council of the City of Concord did, on 8 November 9, 1981, approve a contract with Contra Costa County for 9 the disbursal of Community Development funds for the Housing 10 Alliance of Contra Costa County, Inc . ; and 11 WHEREAS , the City Council is desirous of renewing said con- 12 tract for a 9 month period beginning July 1 , 1982 and ending 13 March 31 , 1983 ; ; and 14 WHEREAS , the City Council reviewed said contract at its meet- 15 ing of July 12 , 1982 ; 16 NOW, THEREFORE , THE CITY COUNCII, OF THE CITY OF CONCORD DOES 17 RESOLVE AS FOLLOWS : 18 Section 1 . Authorizes the Mayor , on behalf of the City Coun- 19 cil , to execute a contract- with the County of Contra Costa for 20 the disbursal of Community Development funds for the Housing 21 Alliance of Contra Costa County, Inc . up to a maximum of $25, 000 . 22 Section 2 . This Resolution shall become effective immediate- 23 ly upon its passage and adoption. 24 PASSED AND ADOPTED by the City Council of the City of Concord 25 on the 12th day of July, 1982 . 26 AYES: Councilmember - J.Bulman, C.Coll, R.Mullin, S.Weir, D.Longshore 27 NOES: Councilmember - None 28 ABSENT: Councilmember - None l� 1 I HEREBY CERTIFY that the foregoing resolution was duly and 2 regularly adopted at a regular meeting of the City Council of the 3 City of Concord on July 12, 1982 . 4 5 E NADETTE ARRO L, CITY CLER 6 APPROVED AS TO FORM . 7 8 /s/ Ken Scheidig City Attorney 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- b' ^ ' • T COPY 1 COMMUNITY DEVELOPMEN`i PROGRAM FAIR HOUSING SERVICES AGREEMENT 2 3 1 . Parties . Effective July 1 , 1932 , the COUNTY OF CONTRA 4 COSTA, hereinafter referred to as "COUNTY" , and,' the CITY OF CON- 5 CORD, hereinafter referred to as "CITY" , -mutually agree and prom- 6 ise as follows: 7 2 . Purpose and County Services. This agreement is to pro- 8 vide for administration by the COUNTY of the Community Develop- 9 merit Fair Housing Service Project . The project shall consist of 10 fair housing counseling services and assistance, as needed, with 11 implementation of housing developments associated with the CITY 's 12 Housing Assistance Plan . The project shall be performed by the 13 HOUSING ALLIANCE OF CONTRA COSTA COUN' Y, INC . , hereinafter refer- 14 red to as "ALLIANCE" , through contract with the COUNTY . Provi- 15 sion of the service shall include location of a Central County 16 Office in the Clayton, Concord, Pleasant Hill , or Walnut Creek 17 area . The project receives financing from the COUNTY in its 18 Community Development Program with funds from that program, and 19 by the CITY with funds from its Community Development Program. 20 The Project Work Program to be administered by the COUNTY is 21 described in Exhibit "A" , attached hereto and incorporated here- 22 in by reference . The CITY shall receive a copy of all amendments 23 to the Project Work Program. 24 3 . Cooperation . Officers, agents, and employees of CITY 25 and COUNTY shall give each all cooperation and assistance neces- 26 sary. to perform the provisions of this agreement . CITY hereby 27 designates its Community Development Office to coordinate with 28 the COUNTY Planning Department pursuant to this agreement . 1 4 . Billing and payment . CITY shall pay COUNTY a portion of 2 the costs of operation of the Housing Alliance of Contra Costa 3 County, Inc . , (ALLIANCE ) up to a maximum of $25,000 during the 4 term of this contract . CITY shall pay twenty-eight percent (28%) 5 of expenses incurred by ALLIANCE under this Agreement during each 6 thirty (30 ) day period this agreement is in effect . the CITY ' s 7 portion of the above expenses shall not exceed a maximum of 8 $3 , 100 for any one month . This percentage is based on an appro- 9 priation of 8th-Year Community Development Funds of $90 , 000 ; 10 $65 , 000 allocated by the COUNTY , and $25 ,000 allocated by the 11 CITY . COUNTY shall bill CITY monthly and CITY shall pay COUNTY 12 the amount due within thirty ( 30 ) days after receipt of the 13 statement . 14 5 . Term and Termination . This agreement will remain in 15 force through March 31 , 1983 unless terminated by thirty ( 30 ) 16 days ' prior written notice served by either party upon the 17 other . Upon termination, COUNTY shall be paid all amounts due 18 for services rendered to the date of termination. 19 6 . Indemnification . The COUNTY shall hold harmless , defend 20 and indemnify CITY from any and all causes of action, damages and 21 liability of any kind whatsoever arising from the activities and 22 performance of duties of the ALLIANCE under that certain contract 23 between COUNTY and ALLIANCE . The CITY ' s responsibility under the 24 terms of this contract is to provide a proportionate share of the 25 funding of the budget of ALLIANCE , and it is recognized between 26 the parties that CITY has no control over or contractual rela- 27 tionship with ALLIANCE . Only the COUNTY contracts with. ALLIANCE, 28 -2- DATE a, 1982 2 CITY OF ONCORD COUNTY OF CONTRA COSTA 8 By g y c GIjy(�2 Mayor Chair Board of Supervisors 4 Z� ST: ATTEST: 6 City Clerk 2 7 J. R. OLSSON By_._______ County Clar 8 Recommended 10 D re for o/f Planni 11APPROVED AS TO FORM: APPROVED AS TO FORM: J City Attorney County Counsel ``'•' F 14 15 ERTIFICATION OF FINANCE DIRECTOR 16 CONCORD, CA. DATE: Jcx -'3� _ 19�Z 17 I HEREBY CERTIFY THAT ADEQUATE PROVISION EXISTS AS INDICATED IN THE CITY BUDGET, BY EITHER TAX LEVY 18 R OTHER SOURCES TO BE RECEIVED DURING THE CURRENT ISCAL YEAR 19 641n, TO PAY THE ANTICIPATED lg XPENSES TO BE INCURRED DURING SAID FISCAL YEAR, URSUANT TO THIS CONTRACT. 20 rO WIT: THE SUM $ 21f— - 22 23 24 25 26 27 28 ATTACHMENT �A 1 . Maintain ( 21 offices in central nd west Contra Costa County . 2 . Tenant/ landlord information anti education throu(3h : a ) Individual and group counseling . b) Dissemination of written material . e ) Continue to inform the public regarding mediation and the (lousing Alliance ' s role and commitment to mediation as a technique to resolve landlor(t/tenant conflicts . d ) Contacts with community service organizations , public agent and private trade and association groups . e ) Media and public relations . f ) Ongoing staff training to expand our knowledge and capabi,li to provide quality counseling services . 3 . Fair housing : a) Education and information to clients and the general public regarding prohibited forms of housing discrimination. b) Investigation of housing discrimination complaints as warranted . c ) Participation in discrimination training workshops . d) Participation in the Northern California Fair Housing Coalition . e ) Conduct checker ' s training sessions in central and west county as needed . f ) Actively promote Fair dousing Month ( April ) . 4 . Homeownership counseling : a ) Mo-tgage loan information ( private market and government sponsored programs ) . b) Money management to assist homeowners and tenants who are delinquent or in default on the-ir housing payment . Educat, those counseled in budgeting techniques to prevent future reccurenee of such problems . c ) Ongoinq staff training to expand our knowledge and capabilities to provide quality counseling services . S . The Housin<1 Alliance will continue to promote greater availability of affordable housing through : .i ) C4)1XtinL1.1tion of our roLc a:: a mo-liatinq agency when conflit o: opposition surface to proposals for residential development : b ) cooperation with the county , cities and appropriate privat( sector interests to facilitate new housing construction for low and moderate income families with an emphasis on multi- famil units ; C ) information and education to the public regarding alternat.' housing type:. : d) actively support proposed change's in land use regulations which will permit development of alternative or innovative housing forms ; C ) begin to explore possibilities and means by which the Housing Alliance would involve itself in the sponsor':hip or development of housing for families with limited income: f ) participate in the newly organized Diablo Valley (lousing Development Corporation . 6 . Provide information and technical assistance in housing policy issues to public bodies . Continue to attend public meetings whenever . issues affecting housing for low and moderate income individuals and families are heard . a ) Support city/county implementation of ordinances governing the conversion of existing rental housing units . b) Support `he Housing Element of the rniinf-" t � - - -• • .r E XHIBIT A CONTRA COSTA COUNTY commUNiTY DEVELOPMENT PROGRAM 1982-1983 PROJECT WORK PROGRAMS A. PROJECT DESCRIPTION 6. Housing CounselinZ: Provision of a diverse program of housing services primarily benelitting low and moderate income individuals and families. The program includes landlord-tenant information, education and referrals; mediation to resolve housing- related disputes; counseling for homeowners facing foreclosure; assistance in budgeting and money obligations; and, fair housing; activities to promote and assure equal opportunities for residents of Contra Costa County. B. PROJECT TIME SCIIEDUIX Time Schedule on a month-by-month basis for the above Project indicating when me activity iterns are e;:pected to be undertaken and completed. Stork Item Start Date Completion Das Compmhcnsivc 1lousin�Counseling" July 1, 1982 March 30, 1983 - Tenant/Landlord Counseling - Discrimination Complaints - Homeownmhip Counseling - ProiTIOte Affordable Housing - Provide Information and Technical Assistance (`ice Attachment "A" for expanded description) C. PROJECT GOALS Contractor shall define project objectives. Project goals will vary depending upon the type project. 1. Provide Landlord/Tenant information, referral, counseling and mediation to an average of 400 clients per month. 2. Provide discrimination information, mediation and investigation and/or counseling assistance to 15 clients per month. 3. Counsel and assist 7 homeowners regarding owner related problems each month. 4. Provide rental housing information ,rid shared housing assistance to approximately 100 clients per month. Page 5 PROJECT WORK PROGRAM D. PERFORNIANCF. STANDARDS Contractor should indicate, where applicable, what performance standards (details of projt implementation) will be applied in implementing the Work Program. "In all contracts, purchase agreements, invoices entered, the contractor shall comply with z4pplicable provisions contained in the I County's "Guide For Compliance With Assurances and Certifications Under The Housiing And Community Development Act." 2. In all contracts, purchase agreements, and invoices entered into over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the supplier prior to the receipt of any goods or initiation of any services. The required forms are available frorn the County Planning Department. 3.• Comply will all applicable federal regulations as contained in OMD A-102, Attachments A and B, in the determination of allowable costs in the administration and provision.of services of this activity. 4. Records will be kept and monthly reports made and submitted to the County Planning Department providing the following information: a.. Total hotline contacts and counseling sessions - whether landlord, tenant, home- owner, agency. b. Geographical resident of client. r. Types of requests, other needs. d. Result of contact with the Housing Alliance. e. Participation of volunteers in project. f. Participation of clients, volunteers, staff in training programs, workshops, classes. g. M. ports on other funding proposals, their results. S. All contracts under $10,000 entered into shall be in compliance with procurement procedures contained in Office of Management and Budget (OMD) Circular A-1029 Attachment 0 and any other applicable HUD regulations. 6. Shall, at a minirnun, notify applicable minority owned business firms located in Contra Cost-, County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available frorn the County Planning Department. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Dian^ Sprouse, Executive Director Housing Alliance of Contra Costa County 2480 Pacheco Street Concord, CA 94520 825-4663 CH ~- Page 4 PROJECT WORK PROGRAM r , F. PROGRAM MONITORING I. Contractor's staff will meet at least once per quarter with appropriate County staff an, Ilousing and Community Development Advisory Committee representatives, when npplicable, to discuss progress of the Contractor toward achieving stated work prograr. objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the Count Planning Department. ?. Contractor shall maintain and submit quarterly monitoring and progress reports on woe performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCIII%DUI,E CONTRACTOR: (lousing Alliance, Inc. ACTIVITY NUMBER: 6 2480 Pacheco Street Concord, CA 94520 BUDGL•T PERIOD: July 1 , 1982-March 31 , 11 (a) (b) (c) (d) Budgot Item CD Funds - $ +Other Funds - $ = Total - S G. HOUSING COONSELING $140, 175,23* -0- $140, 17S.23 Staff - Coordinator, Assistant 102, 17S. 23 -0- 102, 175,23 Coordinator - West County Manager - Housing Counslors - Administrative Secretary - Clerk-Assistant Counselor, Bookkeeper Office Space - Rent for two offices 18 ,000 -0- 18,000 - Utilities; .Janitorial Services Office Expense 13 ,500 -0- 13 ,500 - Office Supplies - Office Equipment Purchase and Repair - Printing, Postage, 'telephone Administrative Expenses - Auto Mileage Allowance 3,500 -0- 3 ,500 - Auditor, Insurance Other Program Costs - Professional Training; and 3,000 -U 3,000 Develonment - Legal Consultant - Resources Supplies - Discrimination Investigation e TOTAL $140, 17S. 23 -0- $140, 17S.23 Notes: (a) Detailed categoric'; pursuant to OMB A-102. (b) Items are eligible to be funded by CD13G funds. (c) Estimate of other necessary expenditures that cannot be funded with CO monies; and indication of anticipated sources. (d) Sum of (b) and (c) above including both Community Development and non- Community Development funds. (e) Contract Payment Limit for CD project. ('�) Includes SSO,1 >,23 County carryover from 7th Year contract. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on by the following vote: AYES: �1IWA�F eMd"t MOPaak, T®rtakeon NOES: ABSENT: ABSTAIN: SUBJECT: Approval of the Eighth Year (1982-83) Community Development Block Grant Program Project Agreement with American Development Corporation. The Board having heard the recommendation of the Director of Planning that it approve the Eighth Year (1982-83) Community Development Program Project Agreement with American Development Corporation implementing Activit #2 - Housing Develop- ment Assistance Off-Site Improvements with a payment limit of 100,000; IT IS BY THE BOARD ORDERED that the above recommendation is approved and that its Chair is authorized to execute said agreement. *#MftyCartify that this is a true and correctcopyg# 07 action taken and onterr.-�!on the minutes of th& eoard of Supervisory ;rtc;date shown. ATTESTED and cax 0:11;,3;, _e, k of the Board ....., Deputy Orig. Dept.: Planning cc: County Administrator Auditor-Controller County Counsel Contractor #CI w 1 PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1. Agreement Identification. Number 2 Department: County Planning Department Subject: Allocation of Federal funding under Title I of the Housing and Community Development Act of 1974, as amended 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: American Development 'Corporation Address: 700 Larkspur Landing Circle - Suite #16S Larkspur, CA 94939 3. Term. The effective date of this Agreement is April 1, 1982 and it terminates March 31, 1983, unless sooner terminated as provided herein, subject to all terms, conditions, and assurances contained or incorporated herein. 4. Allocation Payment-Limit- County's imit.County's total payments to Contractor under this Agreement shall not exceed $ 100,000 5. County's Obligations. County shall make those allocation payments to the contractor descirbed in the "Payment Provisions" attached hereto which are incorporated herein by reference, subject to all terms, conditions, and assurances contained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the "General Conditions" and the "Assurances" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Community Development Block Grant Program Application dated February 2, 1982, and approved by HUD on April S, 1983 and as more particularly described in the "Project Work Program", attached hereto. 9. Signatures. These signatures attest theparties' agreement hereto: " COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR _ �'�j l • ' DE� EOPM TCO , 'AMERIC TTON_!, fJohno , , ies��9, nt By: Chair Board of Supervisors Designs ef ciaY,CapAcit�i, in O nizaticizz) '' .;,, ;, ATTEST: J. R. OLSSON, County Clerk Rau it S hhi, P s�fidcp',t' l i „"" By: � By: De ign e O Cap ity eputy in Organization) Recomm ' ded by Dep tment Note to Contractor: I (1) If a public agency, designate official capacity in public agency and attach a certi- By: fied copy of the governing body resolution Anth ny A. Deha6sus authorizing execution of this agreement, Zrm"Approved: Co my Counsel (2) All others: Execute acknowledgment form above, and if a corporation, designate official capacity in business, execute acknow- 1.11 By: ledgment form and affix corporation seal. Deputy (Affix Appropriate Acknowledgement Form) D#8 ASSURANCES/CERTIFICATIONS The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally assisted program. Also, the grantee gives assurances and certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission and to execute a community development and housing program; 2. 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, all understandings and assurances contained therein, and directing and and authorizing the person identified as the official represen- tative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. 3. That prior to submission of its final statement to HUD, the grantee has met the citizen participation requirements, prepared its final statement of community development objectives and projected use of funds, and made the final statement available to the public, as required by section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; 4. It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of section 104(c)(1) of the Housing and Community Development Act of 1974, as amended. 5. Its chief executive officer and other officer of the grantee approved by HUD: (a) Consents to assume the status of a responsible Federal official under the National Environmental policy Act of 1969 and other authorities as specified in 24 CFR 58.1(a)(3); (b) Is authorized and consents on behalf of the grantee and himself/herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his-her responsibilities as such an official; and 6. The grant will be conducted and administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations issued at 24 CFR Part 1; (b) Title VIII of the Civil Rights Act of 1968u(Pub. L. 90-284), as amended, and implementing regulations; (c) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto (24 CFR Section 570.601); (d) Section 3 of the housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135; (e) Executive Order 11246, as amended by Executive Orders 11375 and 12086 and implementing regulations issued at 41 CFR Chapter 60; (f) Executive Order 11063 as amended by Executive Order 12259 and imple- menting regulations at 24 CFR Part 107; i (g) Section 405 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended and implementing regulations when published for effect; (h) The Age Discrimination Act of 1975, as amended, (Pub. L. 94-135) and implementing regulations when published for effect; (i) The labor standards requirements as set forth in 24 CFR $ 570.605 and HUD regulations issued to implement such reuirements, (j) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution; (K) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; Page 2 7. No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; 8. It will comply with the provisions of the Hatch Act which limits the political activity of employees; 9. It will give HUD and the Controller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; 10. It will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations at 24 CFR Part 42 and Section 570.602 apply to any acquisition of real property by the contractor that is carried out for an activity assisted under this Part and to the displacement of any family, individual, business, non-profit organization or farm that results from such acquisition. 11. It will comply with the lead based paint requirements of $4 CFR Part 5 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) 12. It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under 24 CFR 570 to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by , the Physically Handicapped," Number A-117. 1-R 1971, subject to the exceptions contained in 41 CFR .101-19.604. The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 13. It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of Archeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et. seq.) by: (a) Consulting with the State Historic Preservation Officer to identify pro- perties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the proposed activity, and (b) Complying with all requirements established by HUD to avoid or mitigate adverse effects upon such properties. 14. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 03-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is .available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood ha:rards. The phase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 15. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. SE:jal/la GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows: (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. Page 2 • • 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially change the Payment Provisions or the Project Work Program. (c) Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an extension of time for performance, beyond that time specified above under "Term" (Paragraph 3). Any such extension must be in writing and shall be at the sole discretion of the County. 9. Disputes. Disagreements between the County and Contractor concerning the meaining, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the Federal Government. 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the law of the State of California. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement. The original copy of this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". Page 3 �• • 17. Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No person will publish or disclose or permit or cause to be pulbished or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by alw may be guilty of a misdemeanor. 18. Indemnification. (a) Contractor hereby waives all claims and recourse against the County including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of County, its officers, agents and employees. (b) The Contractor shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, Eonstruction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liability Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. Page 4 21. Available Copies. Copies of the County's Project documents (as specified in Paragraph 8, Project, of this Agreement), and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly vested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction of plans and speci- fications shall be reviewed and approved by the Contractor before construction is com- menced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such real property shall be determined in accordance with the requirements contained in Department of Housing and urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County. .Pontractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment. SE.jal/la i 1 PAYMENT PROVISIONS 1. Payment Basis. County shall in no event pay to the Contractor a sum in excess of .the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles _'for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the. Contractor in violation of any of the terms and conditions of this Agreernent, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expender in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreemgnt, Contractor shall remit any such excess amount to County. Page 2 The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contactor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to . Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, "if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jal/la 3/16/82 ` . 'Page 4 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1982-1983 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 2. Willowbrook Apartments is a 72 unit HUD 100% subsidy project on the Section 221 (d)4 program. The types and unit sizes will include 16 one bedroom units of which 2 will be designed for the handicapped; 48 two bedroom units, of which 2 are handicap units; and 8 three bedroom units. Four of the 6 buildings are composed of 3 separate buildings in one, attached by stairways and roof structures for design continuity. The design of the apartment incorporates a two story walk-up concept using texture 1- 11 plywood siding and redwood trim on stucco along with pitched roofs using asphalt shingles. The 3 bedroom units will be of a two story townhouse design and all units will have air conditioning. All party walls, floors, and roof areas will be well insulated to give maximum savings in energy costs as well as affording privacy. A separate community building will house the office facilities, laundry, public toilets, a community room with a kitchen, and other spaces for storage and maintenance. The surrounding landscaped recreation area includes fencing and large lawned areas. A large tot lot adjoins the tree shaded sitting area directly adjoining the laundry facilities. B. PROJECT TIME SCHEDULE Time Schedule on a month-by-month basis for the above Project indicating when major activity items are expected to be undertaken and completed. Work Item Start Date Completion Date We anticipate the project to break ground near May 15, 1982 and to be completed in January, 1983, a period of 8-9 months depending on favorable weather conditions. Concrete slab floors should be completed by July 1 with building framing completed through finished roof by September 1. Rough electrical and plumbing construction to be completed by November 1, 1982 with painting, carpets, draperies and and all unit interiors painted by january 1, 1983. Project completion in late January would include parking lot paving, sidewalks and landscaping. Rent-up begins approximately 90 days before project completion and will be completed approximately 1 month after the apartments receive official occupancy approval. C. PROJECT GOALS Contractor shall define project objectives. Project goals will vary depending upon the type o: project. Develop and construct 72 units of family assisted rental housing by January, 1983. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS Contractor should indicate, where applicable, what performance standards (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, the Contractor shall comply with all applicable provisions contained in the County's "Guide for Compliance With Assurances and Certifications Under the Housing and Community Development Act". 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the Contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the supplier service prior to the receipt of any goods or initiation of any services. The required forms are available from the County Planning Department. 3. Shall, at minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 4. The title of said acquired property shall contain appropriate restrictions which limit the use of the property to provision of subsidized housing. The County Planning Department shall provide the required provisions to be recorded against the property title deed. 5. Provide the County Planning Department with a 30-day written notice of any plans for disposition or sale of said acquired property. The County Planning Department reserves the right to review the disposition plan and to make any adjustments deemded appropriate as to the value set for said property. All income received from the disposition or sale of said acquired property shall be utilized for the acquisition of real property for the development of subsidized housing for low and moderate income persons or all such funds received shall be returned to the Contra Costa County Community Development Block Grant Program. . This provision shall remain in effect in perpetuity. 6. Comply with the findings and conditions of approval with respect to the application of American Development Corporation (2468-RZ) to rezone land in the West Pittsburg area, and Development Plan 3011-81 as adopted by the Board of Supervisors on September 15, 1981. 7. Provide balconies and patios in the development at the owners expense. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. John Hoffmire Vice President American Development Corporation 700 Larkspur Landing Circle, Suite 165 Larkspur, CA 94939 i Page 4 F. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 2 American Development Corporation 700 Larkspur Landing Circle - Suite #165 Larkspur, CA 94939 BUDGET PERIOD: April 1, 198241arch 31, 1983 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ = Total - $ 2. Housing Development $100,000 $3,500,000 x3,600,000 sistance, off Site Improvements Land Write-down 60,000 -0- 602000 Off-Site Improvements 40,000 -0- 40,000 - Street - Gutter - Signs - Underground frontage - Sanitary,5ewr Other HUD Funds TOTAL $100,000 e $3,500,000 (est.) $3,600,000(est.) Notes: (a) Detailed categories pursuant to .0t,1B A-102. (b) Items are eligible to be funded by CDBG funds. (c) Estimate of other necessary expenditures that cannot be funded with CD monies; and indication of.anticipated sources. (d) Sum of (b) and (c) above including both Community Development and non- Community Development funds. (e) Contract Payment Limit for CD project. 4 Cortra Costa County RECEIVED CONTRA COSTA COUNTY PLANNING DEPARTMENT JUN 2 2 1982 Office Of M.G. Wingett County Administrator TO: County Administrato DATE: June 22, 1982 Eighth Year (1982-83) ! Community Development FROM; Anthony A. Dehaes SUBJECT: Block Grant Program 4 Director of Plannin I Project Agreement with American Development Corp. I Attached please find five copies of the Eighth Year (1982-83) Community Development Program project agreement implementing Activity #2 - Housing Development Assistance Off-Site Improvements with a payment limit of $100,000. The agreement has been approved by the Board of Directors, American Development Corporation and County Counsel's Office. A draft Board Order is also attached. Please place this item on the agenda for the next Board meeting. AAD:jal//i 1 Min.DC Attachments cc: County Counsel Auditor-Controller RLGLI V D . t NdSON 1982 J.R. CLE Fin RCARD O'OUPERVISORS Ir'Q:7A CO J,.. _ Deputy t. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 29 1982 , by the following vote: AYES: �OMNt�i� 4 �1fR� .�f`o6��, �dtbu�C�afd, �'CiP1iW1 NOES: ABSENT: ABSTAIN: SUBJECT: Approval of the Eighth Year (1982-83) Community Development Block Grant Program Project Agreement with the City of Pinole. The Board having heard the recommendation of the Director of Planning that it approve the Eighth Year (1982-83) Community Development Program Project Agreement implementing Activity 111 -. Neighborhood Beautification Program with a payment limit of $13,000 and Activity #25 - Park Development with a payment limit of $25,000 and a total contract payment limit of $38,000; IT IS BY THE BOARD ORDERED that the above recommendation is approved and that its Chair is authorized to execute said agreement. t hMbycertify that this is a true andcorrectcopyot an action taken and entered-on the minutes of the Board of Supervisors on the date shown. ATTESTED: JUN 2 91982 J.R. OLS'-30rV, COUNTY CLERK and ox cffic;o C_-rh of tho Board 4V r Gam.. Deputy 0. Matthews Orig. Dept.: Planning cc: Coynty Administrator POOLor-Controller 4ounty Counsel Controller #CDB PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1. Agreement Identification. Number 11 $ 25 Department: County Planning Department Subject: Allocation of Federal funding under Title I of the Housing and Community Development Act of 1974, as amended 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: City of Pinole Address: 2141 Pear Street Pinole, CA 94564 3. Term. The effective date of this Agreement is April 1, 1982 and it terminates March 31, 1983, unless sooner terminated as provided herein, subject to all terms, conditions, and assurances contained or incorporated herein. 4. Allocation Payment Limit. County's total payments to Contractor, under this Agreement shall not exceed $38,000 5. County's Obligations. County shall make those allocation payments to the contractor descirbed in the "Payment Provisions" attached hereto which are incorporated herein by reference, subject to all terms, conditions, and assurances contained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the "General Conditions". and the "Assurances" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Community Development Block Grant Program Application dated February 2, 1982, and approved by HUD on April. 5, 1982 ; and as more particularly described in the "Project Work Program", attached hereto. 9. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA,,CALIFORNIA CONTRACTOR By: �� C�'U�`2 By: Chair, Board of Supervisors ja Designate Official Cabacity ATTEST: J. R. OLSSON, County Clerk in Organization) G� y: �I By. Le,t B (Designate fficial a ac' De u typ in Organizat n) Recommende by Depar ent Note to Contractor: jJ 1) If a public agency, designate official capacity in public agency and attach a certi- By. fied copy of the governing body resolution Antho y A. Dehaesus Form Approved: Cou4y Counsel authorizing execution of this agreement. (2) All others: Execute acknowledgment form above, and if a corporation, designate official capacity in business, execute acknow- By- ledgment form and affix corporation seal. puty (Affix Appropriate Acknowledgement Form) D#8 - I, ASSURANCES/CERTIFICATIONS The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally assisted program. Also, the grantee gives assurances and certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission and to execute a community development and housing program; 2. 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, all understandings and assurances contained therein, and directing and and authorizing the person identified as the official represen- tative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. 3. That prior to submission of its final statement to HUD, the grantee has met the citizen participation requirements, prepared its final statement of community development objectives and projected use of funds, and made the final statement available to the public, as required by section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; 4. It is following a current housing assistance plan which has been approved by HUD and which meets the' requirements of section 104(c)(1) of the Housing and Community Development Act of 1974, as amended. 5. Its chief executive officer and other officer of the grantee approved by HUD: (a) Consents to assume the status of a responsible Federal official under the National Environmental policy Act of 1969 and other authorities as specified in 24 CFR 58.1(a)(3); (b) Is authorized and consents on behalf of the grantee and himself/herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his-her responsibilities as such an official; and 6. The grant will be conducted and administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations issued at 24 CFR Part 1; (b) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, and implementing regulations; (c) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto (24 CFR Section 570.601); (d) Section 3 of the housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135; (e) Executive Order 11246, as amended by Executive Orders 11375 and 12086 and implementing regulations issued at 41 CFR Chapter 60; (f) Executive Order 11063 as amended by Executive Order 12259 and imple- menting regulations at 24 CFR Part 107; (g) Section 405 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended and implementing regulations when published for effect; (h) The Age Discrimination Act of 1975, as amended, (Pub. L. 94-135) and implementing regulations when published for effect; (i) The labor standards requirements as set forth in 24 CFR 9 570.605 and HUD regulations issued to implement such reuirements; (j) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution; (K) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; Page 2 7. No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; 8. It will comply with the provisions of the Hatch Act which limits the political activity of employees; 9. It will give HUD and the Controller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; 10. It will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations at 24 CFR Part 42 and Section 570.602 apply to any acquisition of real property by the contractor that is carried out for an activity assisted under this Part and to the displacement of any family, individual, business, non-profit organization or farm that results from such acquisition. 11. It will comply with the lead based paint requirements of 24 CFR Part 5 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) 12. It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under 24 CFR 570 to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by , the Physically Handicapped," Number A-117. 1-R 1971, subject to the exceptions contained in 41 CFR 101-19.604. The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 13. It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of Archeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et. seq.) by: (a) Consulting with the State Historic Preservation Officer to identify pro- perties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the proposed activity, and (b) Complying with all requirements established by HUD to avoid or mitigate adverse effects upon such properties. 14. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 03-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 15. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. SE:jal/la GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol: 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the:State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows: (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such"title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. Page 2 • • 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially change the Payment Provisions or the Project Work Program. (c) Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an extension of time for performance, beyond that time specified above under "Term" (Paragraph 3). Any such extension must be in writing and shall be at the sole discretion of the County. 9. Disputes. Disagreements between the County and Contractor concerning the meaining, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the Federal Government. 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the law of the State of California. ..,... 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement. The original copy of this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the' list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". Page 3 17. Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No person will publish or disclose or permit or cause to be pulbished or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by alw may be guilty of a misdemeanor. 18. Indemnification. (a) Contractor hereby waives all claims and recourse against the County including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of County, its officers, agents and employees. (b) The Contractor shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, @onstruction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liability Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra' Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. Page 4 21. Available Copies. Copies of the County's Project documents (as specified in Paragraph 8, Project, of this Agreement), and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly vested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction of plans and speci- fications shall be reviewed and approved by the Contractor before construction is com- menced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such real property shall be determined in accordance with the requirements contained in Department of Housing and urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County. .Pontractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by thefinal judgment. SE:jal/la. PAYMENT PROVISIONS 1. Payment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles 'for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to. reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this.Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. Page 2 The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contactor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept' responsibility for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, 'if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jal/la 3/16/82 Page 2 • . EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1982-1983 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 11. Neighborhood Beautification Program. This is a tool lending and paint reim- bursement program to encourage homeowners and residents within the Neighborhood Preservation Area to maintain and beautify their homes. 25. Park Development. Meadow Park will be rehabilitated to make it more functional, attractive and encourage utilization by NPA residents. B. PROJECT TIME SCHEDULE Time Schedule on a month-by-month basis for the above Project indicating when major activity items are expected to be undertaken and completed. Work Item Start Date Completion Date Tool Lending Program June 1, 1982 December, 1982 Paint Program June 1, 1982 December, 1982 Park Development June 1, 1982 September, 1982 C. PROJECT GOALS Contractor shall define project objectives. Project goals will vary depending upon the type of project. Paint Program. Reimburse up to $200 for paint and paint supplies for single family structures and duplexes in NPA, only 25% of total costs allowable for paint supplies. Will assist 40 residential units. Tool Lending Program. Reimburse participants for 75% of costs of renting tools to a maximum of 75 per household for approximately 67 vouchers. Park Development. Complete rehabilitation of Meadow Park. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS Contractor should indicate, where applicable, what performance standards (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, the Contractor shall comply with all applicable provisions contained in the County's "Guide for Compliance with Assurances and Certifications Under the Housing and Community Development Act". 2. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD regulations including Equal Opportunity and Section 3 provisions, as provided in Assurance No. 6 and Appendix VI of the Compliance Guide cited. 3. In all contracts, purchase agreements, contracts, invoices entered into over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Com- pliance Form signed by the supplier service prior to the receipt of any goods or initiation of any services. The required forms are available from the County Planning Department. 4. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Mr. Don Bradley City Manager City of Pinole 2141 Pear Street Pinole, CA 94564 Page 4 • PROJECT WORK PROGRAM F. PROGRAM MONITORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representatives, where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE 11. Neighborhood Beautification Prog-r.. CONTRACTOR: City of Pinole ACTIVITY NUMBER: 25. Park Development 2141 Pear Street Pinole, CA 94564 Aril 1 1982-March 31 1983 BUDGET PERIOD: P � , (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ = Total - $ 11. Neighborhood Beautification Program A. Tool Landing Program $ 5,000 -0- $ 5,000 - tool rental fees B. Residential Paint Program 8100.0 -0- 8x0.00 - paint supplies - administration 25. Park Development 25,000 -0- 25,000 - plans/specifications - design - materials - equipment TOTAL $38,00.0 e -0- $38,000 Notes: (a) Detailed categories pursuant to OMB A-102. (b) Items are eligible to be funded by CDBG funds. (c) Estimate of other necessary expenditures that cannot be funded with CD monies; and indication of anticipated sources. (d) Sum of (b) and (c) above including both Community Development and non- Community Development funds. { (e) Contract Payment Limit for CD project. BEFORE THE CITY COUNCIL OF THE CITY OF PINOLE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA In the Matter of Authorization of ) :Execution of Project Agreement for - Community or Community Development Block Grant ) RESOLUTION NO`. 1778 Program with County of Contra Costa ) to Implement the Housing and Community ) Development Act of 1974 as Amended ) WHEREAS, the Pinole City Council approves the 1982-83 Year Community Development Block Grant Program Project Agreement with the County of Contra Costa to implement the Housing and Community Development Act of 1974 as amended. WHEREAS, the Pinole City Council approves the activities and allocations in the 1982-83 Year Community Development Block Grant Program Project Agreement as contained in "Exhibit A Project Work Program." WHEREAS, the Mayor pro Tempore and the City Manager are hereby approved and authorized to execute the 1982-83 Year Program Project Agreement with the County of Contra Costa on behalf of the City of Pinole. NOW, THEREFORE, BE IT•RESOLVED this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED THIS 17th day of May, 1982, by the following vote, to wit: AYES: COUNCILMEMBERS: McCarty, Nelson, Shaver, Goularte NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Borges ELIZAB GRIMES CITY RK of the City of Pinole ftluD =4 C0116Ct 0!!� f�M k 'oma ft'd pN a COW* F , �• • /.41/ CONTRA COSTA COUNTY PLANNING DEPARTMENT TO: M.G. Wingett DATE: June 22, 1982 County Administrat Eighth Year (1982-83) Community Development FROM: Anthony A. Dehaes! II SUBJECT: Block Grant Program Director of Planning Project Agreement with the City of Pinole - u Attached please find five copies of the Community Development Program Project Agreement with the City of Pinole for Activity #11 - Neighborhood Beautification Program with a payment limit of $13,000 and Activity 425 - Park Development with a payment limit of $25,000, for a total contract payment limit of $38,000. This agreement has been approved by the Pinole City Council and County Counsl's Office. Please place this item on the agenda for the next Board meeting. A draft Board Order is also attached. AAD:jal/i/1Min.DB Attachments e0I' ;� Costa Go-inty V-r cc: County Counsel Auditor-Controller <<UfN 21 Oficc. Of COuniy AdMinistrator RECEIVED 82 R o sorer �iUly 1982 l :LFI 1�BERVIS s of J.R. OLSSO�I ORS A CO. C OA OF SUPERVISORS Deputy COSTA CO. yDeputy