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HomeMy WebLinkAboutMINUTES - 09251984 - COB BOX 73 ! .3 Z_ TO: BOARD OF Z�, PERVISORS + FROM: Anthony A. Dehaesus �_\�l�a Director of Planning Costa DATE: 1 . County November 28, 1984 SUBJECT: Approval of Amendments to the Tenth Year (1984-85) Community Development and Ninth Year (1983-84) "Jobs Bill" CDBG Program Project Agreements and certain r allo ations with the City of F1 .Prrito_ SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Authorize the Chairman to execute amendments to the Tenth Year Community Development Program Project Agreement with a new payment limit of $31,098.42 and the "Jobs Bill" Program Project Agreement with a new paymit limit of $364,433, and approve the reallocation of $4,433 from the Tenth Year Agreement to the "Jobs Bill" Agreement. BACKGROUND The City of El Cerrito experienced a shortfall in funds relative to completing project # 11-Senior Center Expansion initially funded under the "Jobs Bill" Project. The City also operates Activity #8- Housing Conservation Program funded under the Tenth Year Program Project Agreement. Since this project is projected to carry over funds this year, City Staff recommended transferrng $4,433 from Activity #8 to #11 to cover this shortfall. This will necessitate reducing the allocation of Activity #8 by $4,433 and reallocating those funds to Activity #11. s CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR R OMM N ATION F`BOARD COITTEE APPROVE __ OTHER SIGNATURE(S) ACTION OF BOARD ON Z4 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 4- UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISOZw,= NTHOWN.CC: Planning ATTESTED County Administrator PHIL BATCHELOR, CLERK OF THE BOARD OF Auditor-Controller (Attn: Betty Periera) SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel /] I Cont ractor. RV LI/ i��Tz u�..., �_..� ... .... nFP11TV AMENDMENT TO PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (County and City of E1 Cerrito) ("Jobs Bill" (1983-84) Activity 4x11) SECTION 1. Parties Effective December 1, 1984, 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 August 1, 1983 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 Agreemont shall not exceed $364,433. 0 • Page 2 PROJECT WORK PROGRAM II. H. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: City of El Cerrito ACTIVITY NUMBER: 11 10890 San Pablo Avenue El Cerrito, CA 94530 BUDGET PERIOD: August 3, 1983-March 31,1984 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total -$ 11. El Cerrito Senior Center $364,433 -0- $364,433 - Architect - Bid Preparation - Advertisement - Construction - Inspection e TOTAL $3649433 -0- $364,433 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. Page 3 SECTION 3. Reaffirmance Said August 1, 1983 Agreement, entitled "PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" except as herein-above amended shall remain in full force and effect. COUNTY OF CONTRA COSTA, CALIFORNIA CO ACTOn By: //�M 1l( � �. By Chairman, Board of Supervisors to Official Capacity n Organization) Attest: on Creagh, City Manager Phil Batchelor, Clerk of the Board k of Supervisors and County Administrator By By. nAniitw rt rL, (Designate Official Capacity in Organization) Recom nded a rtment Note to C.-)ntractor: (1) If a public agency, designate official capacity in public agency and attach a certi- By- fied copy of the governing body resolution Designe Anthony A. Dehaesus authorizing execution of this agreement. Direc r of Planning (2) All others: Execute acknowledgment form above, and if a corporation, designate Form Approval: County Counsel official capacity in business, execute acknow- ledgment form and affix corporation seal. By: By Deptity Notary Public (Affix Appropriate Acknowledgement Form) Dated:. BOARD OF SARVISORS FROM: Anthony A. Dehaesus 1 Contra Director of Planning (Costa DATE: September 20, 1984 County SUBJECT: Community Development Block Grant Program Cooperation Agreements with Cities SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION Authorize Chairman of the Board of Supervisors to execute Cooperation Agreements for the three year period beginning April 1, 1985 with the following participating cities. Antioch Martinez Brentwood .Moraga 1Clayton Pinole Danville El Cerrito Hercules San Pablo Lafayette -San Ramon BACKGROUND In order for the County to qualify as "urban county" and receive its annual Community Development Block Grant entitlement, the County must enter into Cooperation Agreements with some or all of its cities to achieve a population in excess of 200,000 within the unincorporated area and cooperating cities. The greater the number of cooperating cities the larger the grant. CONTINU ON ATTACHMENT: YES SIGNATURE: OMMENDATION OF COUNTY ADMINISTRATOR REC MME DAT ON OF OARD COMMITTEE APPROVE OTHER SIGNATURE($) ACTION OF BOARD ON September 25 , 1984 APPROVED AS RECOMMENDED X OTHER X The City of Pleasant Hill is also participating. VOTE OF SUPERVISORS X IV UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. CC: County Administrator ATTESTED September 25 , 1984 Planning Director Phil Batchelor Clerk of the Board of Auditor-Controller Supervisors !Rnd Cnunty Administrator Cities as noted above M382/7•83 BY // �, � DEPUTY j CONTRA COSTA COUNTY PLANNING DEPARTMENT TO: Philip J. Batchelor DATE: September 17, 1984 .County Administrato FROM: Anthony A. Dehaesu ( SUBJECT: Community Development Director of Plannin Cooperation Agreements I i With Cities Under the Housing and Community Development Act of 1974, as amended, eligible entitlement recipients of Community Development Block Grants include cities of 50,000 population or more, and "urban counties". To qualify as an "urban county" an unincorporated population of 200,000 or more is required. Contra Costa County qualifies as an urban county by joining with some or all of its smaller cities to attain the required population. The mechanism for such a joint program is a "Cooperation Agreement". The Cooperation Agreement provides that the Cities and County will cooperate to carry out essential activities under the Act. Newly executed Cooperation Agreements must be forwarded to HUD by September 28, 1984 to qualify the County for Community Development Block Grant funding. The standard agreements have been prepared and are being executed by the cooperating cities. Please request the Board of Supervisors at their September 25, 1984 meeting to authorize the Chairman of the Board of Supervisors to execute Community Development Cooperation Agreements on behalf of the County. A sample agreement, transmittal letter and draft Board Order are attached. AAD:mgG Attachments cc: County Counsel RECEIVED SEP 01984 PHIL R TC LOR A 0 f PERV:SORS g noufr COOPERATION AGREEMENT H.C.D.A. 1974 County and City of C 1 ayton ) SEP 2 51984 I. Parties & Date. Effective on , the COUNTY OF .CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County" and the INCORPORATED CITY OF CLAYTON ,being a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa,. hereinafter referred to as "City", mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of '974, as amended (hereinafter called "Act"). Title 1 of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title 1 makes available entitlement grants to (1) cities whose 1980 Census population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban County" means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B) has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Fourteen cities in the County of Contra Costa have a 1980 Census population of less than 50,000. Certain of these same cities may. join with the County of Contra Costa to form a combined 1980 Census population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant Funds. The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provision of this agreement. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing, hereinafter called "program", in fiscal years 1985- 19869 1986-1987, 1987-1988, or the Eleventh, Twelfth, and Thirteenth program years in compliance with the final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing'and Urban Development (HUD) and as provided in this agreement. The County has the authority to carry-out activities funded under this program. 4. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title 1 of the Act \ and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Plan as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title 1 of the Act. Said obligations and responsibilities include .the submission to the Federal Department of .Housing & Urban Development (HUD) a Statement of Projected Use of Funds, a Housing Assistance Plan and certain assurances or certifi- cations required by the Act and regulations adopted.pursuant thereto. 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare its submissions to HUD and to develop for County an analysis of needs, setting of objectives, preparation of community development program, plans and budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the documents submitted to HUD due to the City's failure to supply information by the dates specified. - a - � t 6. Compliance. The County and the City shall take all required actions to comply with the provisions of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 109 of,Title 1 of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and 'Will provide the County with all records, documents, certifications and other information necessary to prove compliance. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the 'program for inspection by County or Federal officials during regular business hours. 7. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph 7 shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Develop- ment Block Grant program and within the Target Areas. 8. Fund Distribution. The County shall distribute funds received under Title 1 of the Act for fiscal years 1985-1986, 1986-1987, 1987-1988 or the Eleventh, Twelfth and Thirteenth program years for the undertaking of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. 9. Effective and Termination Dates. This agreement, shall go into effect as of the date shown in Section 1 immediately upon the signature of both parties and shall continue in full force and effect through the Eleventh, Twelfth and Thirteenth approved community development program years, or fiscal years 1985-1986, 1986-1987, 1987-1988 covered by the County's Statement of Community Development activities and projected use of funds and so long as the essential community development and housing assistance activities are being undertaken pursuant to this agreement. , Except for the provisions of Section 7, this agreement shall expire as provided in this section. 10. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information. necessary for the preparation of a subsequent Statement of Community Development activities and projected use of funds for the Fourteenth, Fifteenth and Sixteenth program years. Should the County desire to qualify as an urban county for subsequent fiscal years the City shall have the option of choosing whether to continue its participation with the County. 11. Representatives. (a) The City designates Gary Knox or his or her deputy as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. (b) The County designates the Director of Planning or his or her deputy as the official to whom all notices and communication from the. City concerning any matter discussed herein or relevant to this agreement should be directed. 12. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. - 2 - COUNTY OF CONTRA COSTA CLAYTON SLty or town BYU/1 � l� " ` B T. �'5:;4Z- Chairman, Board of Supervisors Mayor 1 Attest: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County /_LG�'�l • C�6 -�T' Administrator TJ City Clerk BY (SEAL) (SEAL) RECOMMENDED FOR APPROVAL: By 0111 675 ounty Ad inistrator By Ay tDir to Planning 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. VICTOR J. WESTMAN By SILVANO MARCHESI By `► ` \C� Deputy City Attorney D//Ic _ 3 _ IrXf • COOPERATION AGREE:.MENT, H.C.D.A. 1974 (County and City of San Ramon ) 1. Parties & Date. Effective on September 25, 1984 , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County" and the INCORPORATED CITY OF SAN RAMON , being a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City", mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1974, as amended (hereinafter called "Act").- Tit'.- 1 of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title 1 makes available entitlement grants to (1) cities whose 1980 Census population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban County" means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B) has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Fourteen cities in the County of Contra Costa have a 1980 Census population of less . than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined 1980 Census population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant Funds. The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provision of this agreement. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing, hereinafter called "program", in fiscal years 1985- 1986, 1986-19879 1987-1988, or the Eleventh, Twelfth, and Thirteenth program years in compliance with the final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development . (HUD) and as provided in this agreement. The County has the authority to carry-out activities funded under this program. 4. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title 1 of the Act and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Plan as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title 1 of the Act. Said obligations and responsibilities include the submission to the Federal Department of Housing & Urban Development (HUD) a Statement of Projected Use of Funds, a Housing Assistance Plan and certain assurances or certifi- cations required by the Act and regulations adopted pursuant thereto. 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare its submissions to HUD and to develop for County an analysis of needs, setting of objectives, preparation of community development program, plans and budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the documents submitted to HUD due to the City's failure to supply information by the dates specified. - 1 - COUNTY OF CONTRA COSTA SAN IN I I. City nor own} 1 B BY 0 Y Chairman, Board of Supervisors `Mayor Attest ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County , �.�.y���/ ( �Z�l Administrator f 5—=- City Clerk By 4' A� (SEAL) (SEAL) RECOMMENDED FOR APPROVAL: By V`4j ounty A inistrator . By C ty D re t of Planning 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. VICTOR J. WESTMAN By SILVANO MARCHESI By Deputy City Attorney' DI/Ic - 3 - C• RESOLUTION NO. 84-74 o A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON APPROVING A COOPERATIVE AGREEMENT WITH CONTRA COSTA COUNTY TO PARTICIPATE IN HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE THE NECESSARY CONTRACTS WHEREAS, the Congress of the United States has enacted the Housing and Community Development Act of 1974 as amended; and WHEREAS, the City of San Ramon may join with the County of Contra Costa to form a combined 1980 census population of 200 , 00 or more persons, thereby qualifying as a Urban County thus being eliaible for an entitlement .of Community Development Block Grant funds; and WHEREAS, the County and the City of San Ramon desires to engage in housing and community development activities as authorized under the Act. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Ramon as follows : Section 1 . That the Cooperation Agreement, H.C.D.A. 1974 , between the City of San Ramon and the County of Contra Costa is hereby approved in the form attached hereto as EXHIBIT "A" . Section 2 . That the Mayor is hereby authorized to execute the Cooperation Agreement, H.C.D.A. 1974 for the Eleventh, Twelfth, and Thirteenth Community Development Block Grant Program (1985-86, 1986-87 , 1987-88) with the County of Contra Costa. PASSED, APPROVED AND ADOPTED at the meeting of August 28, 1984 by the following vote: AYES: Councilmembers Meakin, Oliver, Schinnerer and Mayor Harmon NOES: None ABSENT: Councilmember Bennett V ` 1 G Ma or ATTEST: City Clerk tne reaerar- uepartrnen�vi—ri�u�nig—�� -„u..—�.>:�.,,r...,...-- ------• Projected Use of Funds, a Housing Assistance Plan and certain assurances or certifi- cations required by the Act and regulations adopted pursuant thereto. 5. Information. The City shall provide the County with.all information concerning the City which the County requires to prepare its submissions to HUD and to develop for County an analysis of needs, setting of objectives, preparation of community development program, plans and budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the documents submitted to.HUD,due to the City's failure to supply information by the dates specified. - 1 - 6. Compliance. The County and the City shall take all required actions to comply with the provisions of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 109 of Title 1 of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines,, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and other information necessary to prove compliance. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. 7. Indemnification. The City shall defend, save harmless and indemnify-the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph 7 shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Develop- ment Block Grant program and within the Target Areas. 8. Fund Distribution. The County shall distribute funds received under Title 1 of the Act for fiscal years 1985-1986, 1986-1987, 1987-1988 or the Eleventh, Twelfth and Thirteenth program years for the undertaking of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. 9. Effective and Termination Dates. This agreement shall go into effect as of the date shown in Section 1 immediately upon the signature of both parties and shall continue in full force and effect through the Eleventh, Twelfth and Thirteenth approved community development program years, or fiscal years 1985-1986, 1986-19879 1987-1988 covered by the County's Statement of Community Development activities and projected use of funds and so long as the essential community development and housing assistance activities are being undertaken pursuant to this agreement. Except for the provisions of Section 7, this agreement shall expire as provided in this section. 10. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of a subsequent Statement of Community Development activities and projected use of funds for the Fourteenth, Fifteenth and Sixteenth program years. Should the County desire to qualify as an urban county' for subsequent fiscal years the City shall have the option of choosing whether to continue its participation with the County. 11. Representatives. (a) The City designates City Manager or his or her deputy as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. (b) The County designates the Director of Planning or his or her deputy as the official to whom all notices and communication from the City concerning any matter discussed herein or relevant to this agreement should be directed. 12. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. - 2 - COUNTY OF CONTRA COSTA Martinez / /A/ - City or tow ) By j law /M-1-4,5M By , Chairman, Board of Supervisors yor Attest: ATTEST: Phil Batchlor, Clerk of the Board �\ ' of Supervisors and County ^' Administrator ,rty e By ��� (SEAL) (SEAL) RECOMMENDFD�FOR APPROVAL: By �u-( *unoty A71,-) nistrator B re o anning 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. VICTOR J. WESTMAN By SILVANO MARCHESI By Deputy City Attorney D#Ic - 3 - RESOLUTION NO. 139-84 RESOLUTION APPROVING HOUSING AND COMMUN14 DEVELOPMENT BLOCK GRANT COOPERATION AGREEMENT WHEREAS, the Congress of the United States has enacted the Housing and Community Development Act of 1974 as amended; and WHEREAS, the City of Martinez may join with the County of Contra Costa to form a combined 1980 census population of 200,000 or more persons, thereby qualifying as an Urban County thus being eligible for an entitlement of Community Development Block Grant funds; and WHEREAS, the County and the City of Martinez desire to engage in housing and community development activities as authorized under the Act, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Martinez as follows: Section 1. That the Cooperation Agreement, H.C.D.A. 1974, between the City of Martinez and the County of Contra Costa is hereby approved in the form attached hereto as EXHIBIT "A". Section 2. That the Mayor be and he is hereby authorized and instructed to execute the Cooperation Agreement, H.C.D.A. 1974 for the Eleventh, Twelfth, and Thirteenth Community Development Block Grant Program (1985-86, 1986-87, 1987-88) with the County of Contra Costa. I HEREBY CERTIFY that this is a true copy of a Resolution adopted by the City Council of the City of Martinez at its meeting of September 5, 1984, by the following vote: AYES: Councilmembers Hernandez., Langley, Pollacek, Radke and Mayor Menesini. NOES: None. ABSENT: None. LAWRENCE T, KOWALSKI City-Clerk PATRICIA G. BECKEY Deputy City Clerk WP217/70 i COOPERATION AGREEMENT H.C.D.A. 1974 County and City of Hercules ) 1. Parties & Date. Effective on '`September_; 25, 198.4 `, the COUNTY OF CONTRA COSTA, a political subdivision of tpe State of California, hereinafter referred to as the "County" and the INCORPORATED CITY OF HERCULES , being a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City", mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1974, as amended (h.:,einafter called "Act"). Title 1 of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title 1 makes available entitlement grants to (1) cities whose 1980 Census population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban County" means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B) has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Fourteen cities in the County of Contra Costa have a 1980 Census population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined 1980 Census population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant Funds. The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provision of this agreement. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing, hereinafter called "program", in fiscal years 1985- 19867 1986-I987, 1987-1988, or the Eleventh, Twelfth, and Thirteenth program years in compliance with the final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. The County has the authority to carry-out activities funded under this program. 4. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title 1 of the Act and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Plan as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title 1 of the Act. Said obligations and responsibilities include the submission to the Federal Department of Housing & Urban Development (HUD) a Statement of Projected Use of Funds, a Housing Assistance Plan and certain assurances or certifi- cations required by the Act and regulations adopted pursuant thereto. 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare its submissions to HUD and to develop for County an analysis of needs, setting of objectives, preparation of community development program, plans and budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the documents submitted to HUD due to the City's failure to supply information by the dates specified. - 1 - 6. Compliance. The County and the City shall take all required actions to comply with the provisions of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 109 of Title 1 of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines,, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and other information necessary to prove compliance. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. 7. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph 7 shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Develop- ment Block Grant program and within the Target Areas. 8. Fund Distribution. The County shall distribute funds received under Title 1 of the Act for fiscal years 1985-1986, 1986-1987, 1987-1988 or the Eleventh, Twelfth and Thirteenth program years for the undertaking of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. 9. Effective and Termination Dates. This agreement shall go into effect as of the date shown in Section 1 immediately upon the signature of both parties and shall continue in full force and effect through the Eleventh, Twelfth and Thirteenth approved community development program years, or fiscal years 1985-1986, 1986-1987, 1987-1988 covered by the County's Statement of Community Development activities and projected use of funds and so long as the essential community development and housing assistance activities are being undertaken pursuant to this agreement. Except for the provisions of Section 7, this agreement shall expire as provided in this section. 10. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of a subsequent Statement of Community Development activities and projected use of funds for the Fourteenth, Fifteenth and Sixteenth program years. Should the County desire to qualify as an urban county for subsequent fiscal years the City shall have the option of choosing whether to continue its participation with the County. 11. Representatives. (a) The City designates l.I�V /yl2ria4ae or his or her deputy as the official to whom all notices and Communicaticy from the County concerning any matter discussed herein or relevant to this agreement should be directed. (b) The County designates the Director of Planning or his or her deputy as the official to whom all notices and communication from the City concerning any matter discussed herein or relevant to this agreement should be directed. 12. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. - 2 - COUNTY OF CONTRA COSTA Hercules City or town) ByX W i / 1 Chairman, B ar f S Mayo Trr TTE Attest: Phil.Batchelor, Clerkof the Board of Supervisors and County Administrator Ar CiLy C rk By y HERCO \J`�GflRPORA V (SEAL) S ( AIy�a�'� L o 99 F�. 15, 19 RECOMMENDED FOR APPROVAL: c�sTq COUNli' By ounty Ad nistrator ou ty Direc or of Planning FORM APPROVAL ND 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. VICTOR J. WESTMAN By SILVANO MARCHESI By � Gt�l + Deputy City Attorney D#Ic - 3 - 4 • RESOLUTION NO. 84-134 APPROVING COOPERATION AGREEMENT H.C.D.A. 1974 FOR THE ELEVENTH, TWELFTH AND THIRTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (1985-861, 1986-87 and 1987-88) BETWEEN THE CITY OF HERCULES AND CONTRA COSTA COUNTY AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF HERCULES. WHEREAS, the Congress of the United States has enacted the Housing and Community Development Act of 1974; as amended; and WHEREAS, the City of Hercules may join with the County of Contra Costa to form a combined 1980 census population of 200 ,000 or more persons, thereby qualifying as an Urban County thus being eligible for an entitlement of Community Development Block Grant funds; and WHEREAS, the County and the City of Hercules desire to engage in housing and community development activities as author- ized under the Act. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Hercules as .follows: 1. The Cooperation AgreementH.C.D.A. 1974 for the eleventh, twelfth and thirteenth year Community Development Block Grant Program .(1985-86, 1986-87 , 1987•-88) between the::C-ity of Hercules and Contra Costa County is hereby approved in the form attached hereto as Exhibit "A". 2. The Mayor and City Clerk of the City of Hercules be and they are hereby authorized to execute for and on behalf of the. City of Hercules said Cooperation Agreement with the County of Contra Costa for the eleventh, twelfth and thirteenth year Community Development Block Grant Program (1985-86, 1986-870, 1987-88) . The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 22nd day of August, 1984 , by the following vote of the Council : Ayes: Cadigan, Collins, Judnich, Perkins, Solidum Noes: None Absent: None OF Ca di ga n, Mayo �' ATTE � CJWPAARZ rile and correct Cop of the `4�.'1 t file 'M m Office. Ellen M. Zapa , Ci y Clerk oiler 1:ri.-i reasurer y� Ct/ Of i' L , 9 �O qc ��• iii,-•��:��b-, -L�c:ayof � 19._L—. COOPERATION AGREEMENT H.C.D.A. 1974 County and City of Danv i 11 e ) 1. Parties & Date. Effective on 25 1 9R4 , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County" and the INCORPORATED CITY OF DANVILLE , being a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City", mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1974, as amended (hereinafter called "Act"). Tit' 1 of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer'grants, urban renewal, model cities and rehabilitation loans. Also, Title 1 makes available entitlement grants to (1) cities whose 1980 Census population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban County" means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B) has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Fourteen cities in the County of Contra Costa have a 1980 Census population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined 1980 Census population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant Funds. The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provision of this agreement. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing, hereinafter called "program", in fiscal years 1985- 1986, 1986-1987, 1987-1988, or the Eleventh, Twelfth, and Thirteenth program years in compliance with the final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. The County has the authority to carry-out activities funded under this program. 4. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title 1 of the Act and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Plan as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title 1 of the Act. Said obligations and responsibilities include the submission to the Federal Department of Housing & Urban Development (HUD) a Statement of Projected Use of Funds, a Housing Assistance Plan and certain assurances or certifi- cations required by the Act and regulations adopted pursuant thereto. 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare its submissions to HUD and to develop for County an analysis of needs, setting of objectives, preparation of community development program, plans and budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the documents submitted to HUD due to the City's failure to supply information by the dates specified. - 1 - .. , _` • • moi ��- 6. Compliance. The County and the City shall take all required actions to comply with the provisions of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 109 of Title 1 of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines,, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and other information necessary to prove compliance. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. 7. Indemnification. The City shall defend, save harmless and indemnify`-the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph 7 shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Develop- ment Block Grant program and within the Target Areas. 8. Fund Distribution. The County shall distribute funds received under Title 1 of the Act for fiscal years 1985-1986, 1986-1987, 1987-1988 or the Eleventh, Twelfth and Thirteenth program years for the undertaking of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. 9. Effective and Termination Dates. This agreement shall go into effect as of the date shown in Section 1 immediately upon the signature of both parties and shall continue in full force and effect through the Eleventh, Twelfth and Thirteenth approved community development program years, or fiscal years 1985-1986, 1986-1987, 1987-1988 covered by the County's Statement of Community Development activities and projected use of funds and so long as the essential community development and housing assistance activities are being undertaken pursuant to this agreement. Except for the provisions of Section 7, this agreement shall expire as provided in this section. 10. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of a subsequent Statement of Community Development activities and projected use of funds for the Fourteenth, Fifteenth and Sixteenth program years. Should the County desire to qualify as an urban county for subsequent fiscal years the City shall have the option of choosing whether to continue its participation with the County. 11. Representatives. (a) The City designates .-City Ma or his or her deputy as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. (b) The County designates the Director of Planning or his or her deputy as the official to whom all notices and communication from the City concerning any matter discussed herein or relevant to this agreement should be directed. 12. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. - 2 - COUNTY OF CONTRA COSTA City or town BY ga BY W �� Chairman, Board of Suervisors V Mayor _ Attest:'... .------- — ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County / Administrator C C4tClerk BY 7 4( 1A 1 (SEALi _ • RECOMMENDED FOR APPROVAL: BY ou C my Adm' istrator By o my)Dire or 1n1iing ORM 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. VICTOR J. WESTMAN By SILVANO MARCHESI By Deputy City Attorney D#Ic - 3 - COOPERATION AGREEMENT H.C.D.A. 1974 County and City of Ant i och ) 1. Parties & Date. Effective on SEP 2 51994 , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County" and the INCORPORATED CITY OF ANTI MH , being a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa,_ hereinafter referred to as "City", mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Develo sent Act of 1974, as amended (hereinafter called "Act"). Title 1 of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title 1 makes available entitlement grants to (1) cities whose 1980 Census population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban County" means any county within a .metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B) has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Fourteen cities in the County of Contra Costa have a 1980 Census population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined 1980 Census population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant Funds. The County and the above-named City desire to engage in housing and community .development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provision of this agreement. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing, hereinafter called "program", in fiscal years 1985- 1986, 1986-1987, 1987-1988, or the Eleventh, Twelfth, and Thirteenth program years in compliance with the final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development . (HUD) and as provided in this agreement. The County has the authority to carry-out activities funded under this program. 4. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title 1 of the Act and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Plan as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title 1 of the Act. Said obligations and responsibilities include the submission to the Federal Department of Housing & Urban Development (HUD) a Statement of Projected Use of Funds, a Housing Assistance Plan and certain assurances or certifi- cations required by the Act and regulations adopted pursuant thereto. 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare its submissions to HUD and to develop for County an analysis of needs, setting of objectives, preparation of community development program, plans and budget. All information required by; the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the documents submitted to HUD due to the City's failure to supply information by the dates specified. - 1 - 6. Compliance. The County and the City shall take all required actions to comply with the provisions of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 109 of Title 1 of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines,; bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and other information necessary to prove compliance. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. 7. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph 7 shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Develop- ment Block Grant program and within the Target Areas. 8. Fund Distribution. The County shall distribute funds received under Title 1 of the Act for fiscal years 1985-1986, 1986-1987, 1987-1988 or the Eleventh, Twelfth and Thirteenth program years for the undertaking of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. 9. Effective and Termination Dates. This agreement shall go into effect as of the date shown in Section 1 immediately upon the signature of both parties and shall continue in full force and effect through the Eleventh, Twelfth and Thirteenth approved community development program years, or fiscal years 1985-1986, 1986-1987, 1987-1988 covered by the County's Statement of Community Development activities and projected use of funds and so long as the essential community development and housing assistance activities are being undertaken pursuant to this agreement. Except for the provisions of Section 7, this agreement shall expire as provided in this section. 10. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of a subsequent Statement of Community Development activities and projected use of funds for the Fourteenth, Fifteenth and Sixteenth program years. Should the County desire to qualify as anurban county for subsequent fiscal years the City shall have the option of choosing whether to continue its participation with the County. 11. Representatives. (a) The City designates Raymond Vignola or his or her deputy as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. (b) The County designates the Director of Planning or his or her deputy as the official to whom all notices and communication from the City concerning any matter discussed herein or relevant to this agreement should be directed. 12. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. - 2 - COUNTY OF CONTRA COSTA CITY OF ANTIOCH City or town) By Pw rxI,G�''(Isoyl By Chairman, Board of Supervisors Mayor VERNE L. ROBERTS Attest: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and Countyzo)vt Administrator City Cle By 0 DOROTHY P. MARKS (SEAL) (SEAL) RECOMMENDED FOR APPROVAL: By County A inistrator y ou ty Dir for of anning 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. VICTOR J. WESTMAN By SILK/AMO MARCHESI By J, ,�M UA4. p Deputy j,� City Attorney WILLIAM R. GALSTAN D#lc - 3 - I COOPERATION AGREEMENT, H.C.D.A. 1974 (County and City of Brentwood ) I. Parties $ Date. Effective on September"25 _M84 , the COUNTY OF CONTRA COSTA, a political subdivision of the State"of'California, hereinafter referred to as the "County" and the INCORPORATED CITY OF BRENTWOOD , being a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City", mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1974, as amended (hereinafter called "Act"). Title 1 of the Act consolidates previously separate grant pro#a%ir"is' for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title 1 makes available entitlement grants to (1) cities whose 1980 Census population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban County" means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B) has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in ( the undertaking of essential community development and housing assistance activities. Fourteen cities in the County of Contra Costa have a 1980 Census population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined 1980 Census population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant Funds. The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provision of this agreement. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing, hereinafter called "program", in fiscal years 1985- 1986, 1986-1987, 1987-1988, or the Eleventh, Twelfth, and Thirteenth program years in compliance with the final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. The County has the authority to carry-out activities funded under this program. 4. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title I of the Act l and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Plan as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title 1 of the Act. Said obligations and responsibilities include the submission to the Federal Department of Housing & Urban Development (HUD) a Statement of Projected Use of Funds, a Housing Assistance Plan and certain assurances or certifi- cations required by the Act and regulations adopted pursuant thereto. 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare its submissions to HUD and to develop for County an analysis of needs, setting of objectives, preparation of community development program, plans and budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the documents submitted to HUD due to the City's failure to supply information by the dates specified. i - 1 - 6. Compliance. The County and the City shall take all required actions to comply with the provisions of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 109 of Title 1 of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines,. bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and other information necessary to prove compliance. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. 7. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph 7 shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Develop- ment Block Grant program and within the Target Areas. 8. Fund Distribution. The County shall distribute funds received under Title 1 of the Act for fiscal years 1985-1986, 1986-1987, 1987-1988 or the Eleventh, Twelfth and Thirteenth program years for the undertaking of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. 9. Effective and Termination Dates. This agreement shall go into effect as of the date shown in Section 1 immediately upon the signature of both parties and shall continue in full force and effect through the Eleventh, Twelfth and Thirteenth approved community development program years, or fiscal years 1985-1986, 1986-1987, 1987-1988 covered by the County's Statement of Community Development activities and projected use of funds and so long as the essential community development and housing assistance activities are being undertaken pursuant to this agreement. Except for the provisions of Section 7, this agreement shall expire as provided in this section. 10. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of a subsequent Statement of Community Development activities and projected use of funds for the Fourteenth, Fifteenth and Sixteenth program years. Should the County desire to qualify as. an urban county for subsequent fiscal years the City shall have the option of choosing whether to continue its participation with the County. 11. Representatives. (a) The City designates City Manager or his or her deputy as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. (b) The County designates the Director of Planning or his or her deputy as the official to whom all notices and communication from the City concerning any matter discussed herein or relevant to this agreement should be directed. 12. Changes in Lav or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. - 2 - COUNTY OF CONTRA COSTA Rrantwnnd (City or town) By /�"� / BY Chairman, Board of Supervisors Mayor Attest. ATTEST: ATTEST: Phil Batchlor, Clerk of the Board of Supervisors and County 1 Administrator (� ity Clerk BY (SEAL) (SEAL) RECOMMENDED FOR APPROVAL: By C unty Ad inistrator B C nt Dire for of Tanning 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. VICTOR J. WESTMAN By SILVANO MARCHESI By - Deputy City Attorney DOIc - 3 - COOPERATION AGREEMENT, H.C.D.A. 1974 County and City of Moraga ) SEP 2 5 1984 1. Parties & Date. Effective on , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County" and the INCORPORATED CITY OF MORAGA , being a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City", mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1974, as amended (hereinafter called "Act"). Title 1 of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title 1 makes available entitlement grants to (1) cities whose 1980 Census population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban County" means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B) has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Fourteen cities in the County of Contra Costa have a 1980 Census population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined 1980 Census population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant Funds. The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provision of this agreement. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly,assisted housing, hereinafter called "program", in fiscal years 1985- 19862 1986-1987, 1987-1988, or the Eleventh, Twelfth, and Thirteenth program years in compliance with the final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. The County has the authority to carry-out activities funded under this program. 4. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title 1 of the Act and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Plan as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title 1 of the Act. Said obligations and responsibilities include the submission to the Federal Department of Housing & Urban Development (HUD) a Statement of Projected Use of Funds, a Housing Assistance Plan and certain assurances or certifi- cations required by the Act and regulations adopted pursuant thereto. 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare its submissions to HUD and to develop for County an analysis of needs, setting of objectives, preparation of community development program, plans and budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the documents submitted to HUD due to the City's failure to supply information by the dates specified. - 1 - ' 6. Compliance. The County and the City shall take all required actions to comply with the provisions of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 109 of Title 1 of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines,: bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and other information necessary to prove compliance. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during reguiar business hours. 7. Indemnification. The City shall defend, save. harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph 7 shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Develop- ment Block Grant program and within the Target Areas. 8. Fund Distribution. The County shall distribute funds received under Title 1 of the Act for fiscal years 1985-1986, 1986-1987, 1987-1988 or the Eleventh, Twelfth and Thirteenth program years for the undertaking of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. 9. Effective and Termination Dates. This agreement shall go into effect as of the date shown in Section 1 immediately upon the signature of both parties and shall continue in full force and effect through the Eleventh, Twelfth and Thirteenth approved community development program years, or fiscal years 1985-1986, 1986-1987, 1987-1988 covered by the County's Statement of Community Development activities and projected use of funds and so long as the essential community development and housing assistance activities are being undertaken pursuant to this agreement. Except for the provisions of Section 7, this agreement shall expire as provided in this section. 10. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of a subsequent Statement of Community Development activities and projected use of funds for the Fourteenth, Fifteenth and Sixteenth program years. Should the County desire to qualify as an urban county for subsequent fiscal years the City shall have the option of choosing whether to continue its participation with the County. 11. Representatives. (a) The City designates Town Manager or his or her deputy as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. (b) The County designates the Director of Planning or his or her deputy as the official to whom all notices and communication from the City concerning any matter discussed herein or relevant to this agreement should be directed. 12. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. _ 2 - COUNTY OF CONTRA COSTA City of the Town of Moraga City or town) By �e �7' ` By Chairman, Board of Supervisors Mayor Attest: ATTEST: Phil Batchlor, Clerk of the Board 4 c of Supervisors and County / \ Administrator ePu` Y.iC-ity Cle'rk By .. (SEAL) (SEAL) RECOMMENDED APPROVAL: By PJ � ;% ounty A ninistrator By ou ty i ctor of Ptanning 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. VICTOR J. WESTMAN By SiLVANO MARCHESI By Deputy i } Attorney D/plc - 3 - COOPERATION AGREEMENT, H.C.D.A. 1974 (County and City of E1 Cerri to ) SFD M4 1. Parties do Date. Effective on , the COUNTY OF CONTRA COSTA,'a political subdivision of the State of California, hereinafter referred to as the "County" and the INCORPORATED CITY OF Fl- CF RRITO , being a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City", mutually agree and .promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1974, as amended (hereinafter called "Act"). Title 1 the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title 1 makes available entitlement grants to. (1) cities whose 1980 Census population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban County" means any county within a metropolitan area which (A). is authorized under State law to .undertake essential community development and housing assistance activities in its unincorporated areas, which are not units .of general local government, and (B) has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or GO with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Fourteen cities in the County of Contra Costa have a 1980 Census population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined 1980 Census population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant Funds. The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the, County and the City that housing and community development activities be performed jointly in accordance with the provision of this agreement. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing, hereinafter called "program", in fiscal years 1985- 19869 1986-19877 198771988, or the Eleventh, Twelfth, and Thirteenth program years in compliance with the,final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development (HUD). and as provided in this agreement. The County has the authority to carry-out activities funded under this program. 4. Activities. Eligible community development and-housing assistance activities are hereby defined for purposes of this.agreement to be those designated in Title 1 of the Act and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Plan as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title 1 of the Act. Said obligations and responsibilities include the submission to the Federal Department of Housing & Urban Development (HUD) a Statement of Projected Use of Funds, a Housing Assistance Plan and certain assurances or certifi- cations required by the Act and regulations adopted pursuant thereto. 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare its submissions to HUD and to develop for County an analysis of needs, setting of objectives, preparation of community development program, plans and budget. All information required by. the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the documents submitted to HUD due to the-City's failure to supply information by the dates specified. i - 1 - 6. Compliance. The County and the City shall take all required actions to comply with the provisions of Title VI of. the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 109 of Title 1 of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines,, bulletins and circulars which have been and will be issued pursuant thereto, with respect to. the program within its boundaries, and will provide the County with all records, documents, certifications and other information necessary to prove compliance. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. 7. Indemnification. The City shall defend, save harmless and indemnify.the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply.with any requirement of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph 7 shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Develop- ment Block Grant program and within the Target Areas. 8. Fund Distribution. The County shall distribute funds received under Title 1 of the Act for fiscal .years 1985-1986, 1986-19879 1987-1988 or the Eleventh, Twelfth and Thirteenth program years for .the undertaking of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. 9. Effective and Termination Dates. This agreement shall go into effect as of the date shown in Section 1 immediately upon the signature of both parties and shall continue in full force and effect through the Eleventh, Twelfth and Thirteenth approved community development program years, or fiscal years 1985-1986, 1986-1987, 1987-1988 covered by the County's Statement of Community Development activities and projected use.of funds and so long as the essential community development and housing assistance activities are being undertaken pursuant to this agreement. Except for the provisions of Section 7, this agreement shall expire as provided in this section. 10. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary -for the preparation of a subsequent Statement of Community Development activities and projected use of funds for the Fourteenth, Fifteenth and Sixteenth program years. Should the County desire to qualify as an urban county for subsequent fiscal years the City shall have the option' of choosing whether to continue its participation with the County. 11. Representatives. (a) The City designates the Director of Comm. Dev.. or his or her deputy as the official to whom all notices. and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. (b) The County designates the Director of Planning or his or her deputy as the official to whom all notices and communication from the City concerning any matter discussed herein or relevant to this agreement should be directed. 12. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the.subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and.fully effective as if set forth herein. - 2 - COUNTY Oi= CONTRA COSTA El Cerrito Cit or town) -7 By /�� By Chairman, Board of Supervisors tMay r Attest: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator City Clerk By (SEAL) (SEAL) RECOMMENDED FOR APPROVAL: By 4buntyjAinistrator of P nning 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. VICTOR J. WESTMAN By SILVANO MARCHESI By Deputy City Attorney D/tic - 3 - RESOLUTION 84-55 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO APPROVING HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT COOPERATION AGREEMENT WHEREAS, the Congress of the United States has enacted the Housing and Community Development Act of 1974 as amended; and WHEREAS, the City of E1 Cerrito may join with the County of Contra Costa to form a combined 1980 census population of 200,000 or more persons, thereby qualifying as a Urban County thus being eligible for an entitlement of Community Development Block Grant funds; and WHEREAS, the County and the City of E1 Cerrito desires to engage in housing and community development activities as authorized under the Act. %OW, THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito, as follows: Section 1. That the Cooperation Agreement, H.C.D.A. 1974, between the City of E1 Cerrito and the County of Contra Costa is hereby approved in the form attached hereto as EXHIBIT "A" . Section 2. That the Mayor be and he is hereby authorized and instructed to execute`t F— t Agreement, H.C.D.A. 1974 for the Eleventh, Twelfth, and Thirteenth Community Development Block Grant Program (19.85-86, 1986-76, 1987-88) with the County of Contra Costa. I HEREBY CERTIFY that the above and foregoing resolution was duly passed and adopted by the City Council of the City of El Cerrito, County of Contra Costa, State of California, at a regular meeting thereof, held on the 20th day of August, 1984, by the following vote: AYES: Councilmembers: Bacon, Lewis, Siri , Abelson NOES: Councilmembers: None ABSENT: Councilmember: Howe IN 14I.TNESS WHEREOF, I have hereunto subscribed my hand and affixed the corporate seal of said .city this 20th day of August, 1984. 1--TUciV. Irish, City C erK APPROVED: �riFZED A �::�� COPY Howard .P. Abelson, flayur CfiRK OF QTY OF EL CERIU "III _COOPERATION AGREE:iMENT, H.C.D.A. 1974 (County and City of San Pablo ) SEP 2 51984 1. Parties Date. Effective on , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County" and.the INCORPORATED CITY OF SAN PABLO , being a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City", mutually .agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1974, as amended (hereinafter called "Act")., Tit',- 1 of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title 1 makes available .entitlement grants to (,1) cities whose 1980 Census population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban County" means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in .its unincorporated areas, which are not units of general local government, and (B) has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Fourteen cities in the County of Contra Costa have a 1980 Census population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined 1980 Census population of 200,000 or more persons tfiereby qualifying as an urban county and be eligible for an entitlement of Community Development Block . Grant Funds. The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provision of this agreement. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing, hereinafter called "program", in fiscal years 1985- 19867 1986-1987, 1937-1988, or the Eleventh, Twelfth, and Thirteenth program years in compliance with *the final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. The County has the authority to carry-out activities funded under this program. 4. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title 1 of the Act and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community.Development Objectives and Housing Assistance Plan as.adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take. the full responsibility and assume all obligations of an applicant under Title 1 of the Act. Said obligations and responsibilities include the submission to the Federal Department of Housing be Urban Development (HUD) a Statement of Projected Use of Funds, a Housing Assistance Plan and certain assurances or certifi- cations required by the Act and regulations adopted pursuant thereto. 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare its submissions to HUD and to develop for County an analysis of needs, setting of objectives, preparation of community development program, plans and budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County: The County shall not be liable to the City for any failure to include the City in the documents submitted to HUD due to the City's failure to supply information by the dates specified. - 1 - 6. CornRliance. The County and the City shall take all required actions to comply with the provisions of Title. VI of. the Civil Rights Act of 1964, Title Vlll of the Civil Rights Act of 1965, Section 109 of Title 1 of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines,. bulletins and circulars which have been and will be issued pursuant thereto, with respect to the prograrn within its boundaries, and will provide the County with all records, documents, certifications and other information necessary to prove compliance. All information shall be submitted in the form prescribed by the County. Tile City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. 7. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto or any .City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph 7 shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Develop- ment Block Grant program and within the Target Areas. 8. Fund Distribution. The County shall distribute funds received under Title 1 of the Act for fiscal years 1985-1986, 1986-1987, 1987-1988 or the Eleventh, Twelfth and Thirteenth program years for the undertaking of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance activities.are to be undertaken within the territorial limits of the City. 9. Effective and Termination Dates. This agreement shall go into effect as of the date shown in Section 1 immediately upon the signature of both parties and 6hall continue in full force and effect through the Eleventh, Twelfth and Thirteenth approved community development program years, or fiscal years 1985-1986, 1986-1987, 1987-1988 .covered by the County's Statement of Community Development activities and projected use of funds and so long as the essential.community development and housing assistance activities are being undertaken pursuant to this agreement: Except for the provisions of Section 7, this agreement shall expire as provided in this section. 10. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to. provide the ,County with any information necessary for the preparation of a subsequent Statement of Community Development activities and projected use of funds for the Fourteenth, Fifteenth and Sixteenth program years. Should the County desire to qualify as an urban county for subsequent fiscal years the City shall have the option of choosing whether to continue its participation with the County. 11. Representatives. (a) The City designates City Housing Director or his or her deputy as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. (b) The -County designates the Director of Planning or his or her deputy as the official to whom all notices and communication from the City concerning any matter discussed herein or relevant to this agreement should be directed. 12. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. - 2 - 40 COUNTY OF CONTRA COST,\ San Pablo (city or town) By ��� ��"' l By, Chairman, Board of-Supervisors J seA Gomes, Nlayor — ---- Attest: ATTEST: "- -- Phil Batchlor, Clerk of the Board of Supervisors and County Administrator , City C1 By (SEAL) (SEAL) RECOMMENDED FOR APPROVAL: By ounty A ministrator By ounDir ct o Tanning 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. VICTOR J. WESTMAN By SILVANO MARCHESI By Deputy City Attor D#Ic - 3 - - • RESOLUTION NO 84- 109 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO, CALIFORNIA, AUTHORIZING THE MAYOR TO SIGN THE COOPERATION AGREEMENT WITH CONTRA COSTA COUNTY FOR THE I ITH, 12TH, AND 13TH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEARS (1985- 86, 1986-87, 1987-88). WHEREAS, the Congress of the United States has enacted the Housing and Community Development Act of 1977; and WHEREAS, the City of Son Pablo may join the County of Contra Costa to form a combined 1980 Census population of 200,000 or more persons, thereby qualifying as an Urban County, thus being eligible for an entitlement of Community Development Block Grant Funds; and WHEREAS, the County and the City of San Pablo desire to engage in housing and community development activities as authorized under the Act. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Pablo as follows: Section I - that the Cooperation Agreement, HCDA 1977, between the City of San Pablo and the County of Contra Costa, is hereby approved in the form attached hereto as Exhibit A. Section II - that the Mayor be and is hereby authorized and instructed to execute the Cooperation Agreement, HCDA 1977, for the I Ith, 12th and 13th Community Development Block Grant Program (1985-86, 1986-87, 1987-88) with the County of Contra Costa. 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 this 4th day of September, 1984, by the following vote to wit: AYES: Councilmembers: Koepke, Brown, Armstrong, Carmignani , Gomes NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: Joseph Gomes, Mayor ATTEST: F I hereby certify that the foregoing is a fui , .trice Charlotte Maggard, correct copy of Clerk ' l COOPERATION AGREEMENT H.C.D.A. 1974 County and City of Pinole ) I. Parties & Date. Effective on September 25,= 1984 , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County" and the INCORPORATED CITY OF PINOLE , being a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City", mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1974, a.:. ,.mended (hereinafter called "Act"). Title 1 of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title 1 makes available entitlement grants to (1) cities whose 1980 Census population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban County" means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B) has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Fourteen cities in the County of Contra Costa have a 1980 Census population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined 1980 Census population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant Funds. The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provision of this agreement. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing, hereinafter called "program", in fiscal years 1985- 1986, 1986-1987, 1987-1988, or the Eleventh, Twelfth, and Thirteenth program years in compliance with the final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. The County has the authority to carry-out activities funded under this program. 4. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title 1 of the Act and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Plan as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title 1 of the Act. Said obligations and responsibilities include the submission to the Federal Department of Housing & Urban Development (HUD) a Statement of Projected Use of Funds, a Housing Assistance Plan and certain assurances or certifi- cations required by the Act and regulations adopted pursuant thereto. 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare its submissions to HUD and to develop for County an analysis of needs, setting of objectives, preparation of community development program, plans and budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the documents submitted to HUD due to the City's failure to supply information by the dates specified. - 1 - 6. Compliance. The County and the City shall take all required actions to comply with the provisions of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 109 of Title 1 of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines,. bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and other information necessary to prove compliance. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. 7. Indemnification. The City shall defend, save harmless and indemnify`-the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph 7 shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Develop- ment Block Grant program and within the Target Areas. 8. Fund Distribution. The County shall distribute funds received under Title 1 of the Act for fiscal years 1985-1986, 1986-1987, 1987-1988 or the Eleventh, Twelfth and Thirteenth program years for the undertaking of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. 9. Effective and Termination Dates. This agreement shall go into effect as of the date shown in Section 1 immediately upon the signature of both parties and shall continue in full force and effect through the Eleventh, Twelfth and Thirteenth approved community development program years, or fiscal years 1985-1986, 1986-1987, 1987-1988 covered by the County's Statement of Community Development activities and projected use of funds and so long as the essential community development and housing assistance activities are being undertaken pursuant to this agreement. Except for the provisions of Section 7, this agreement shall expire as provided in this section. 10. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of a subsequent Statement of Community Development activities and projected use of funds for the Fourteenth, Fifteenth and Sixteenth program years. Should the County desire to qualify as an urban county for subsequent fiscal years the City shall have the option of choosing whether to continue its participation with the County. 11. Representatives. (a) The City designates the City Manager or his or her deputy as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. (b) The County designates the Director of Planning or his or her deputy as the official to whom all notices and communication from the City concerning any matter discussed herein or relevant to this agreement should be directed. 12. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. - 2 - l i COUNTY OF CONTRA COSTA PINOLE City or town) By y ? Chairman, Board of Supervisors Louis o e , Attest: ATTEST: Phil Bor, Clerk of the Board - of Supervisors and County ' Administrator Cit;, Clerk - Elizabeth Grimes By (SEAL) (SEAL) RECOMMENDED FOR APPROVAL: By j eK "ntyAdmistrator B Yof anning 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. VICTOR J. WESTMAN By SILVANO MARCHESI By Deputy Cit ttorn D#Ic - 3 - COOPERATION AGREEMENT H.C, 1974 County and City of �afayette 1. Parties & Date. Effective on— mhPr 25 1p84- the COUNTY OF CONTRA COSTA, a political subdivision of the State of tali trrj hereinafter referred to as the"County"and the INCORPORATED CITY OF IAFAYE� � ,being a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City", mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1974, as amended (hereinaft:. called "Act"). Title I of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants,urban renewal, model cities and rehabilitation loans. Also, Title I makes available entitlement grants to (1) cities whose 1980 Census population exceeds 50,000 persons, and (2)counties who qualify as an urban county. The Act's term "urban County" means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B) has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it.has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Fourteen cities in the County of Contra Costa have a 1980 Census population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined 1980 Census population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant Funds. The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provision of this agreement. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing, hereinafter called "program", in fiscal years 1985- 1986, 1986-1987, 1987-1988, or the Eleventh, Twelfth, and Thirteenth program years in compliance with the final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. The County has the authority to carry-out activities funded under this program. 4. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title 1 of the Act and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Plan as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under'Title I of the Act. Said obligationsand responsibilities include the submission to the Federal Department of Housing & Urban Development (HUD) a Statement of Projected Use of Funds, a Housing Assistance Plan and certain assurances or certifi- cations required by the Act and regulations adopted pursuant thereto. 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare its submissions to HUD and to develop for County an analysis of needs, setting of objectives, preparation of community development program, plans and budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the documents submitted to HUD due to the City's failure to supply information by the dates specified. - 1 - 6. Compliance. The County and the City shalItake all required actions tocomply with the provisions of Title VI of the Civil-Rights Act of 1964, Title Vill of the Civil Rights Act of 1968, Section 109 of Title 1 of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and other information necessary to prove compliance. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. 7. Indemnification. The City shall defend, save harmless and indemnify-the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph 7 shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Develop- ment Block Grant program and within the Target Areas. 8. Fund Distribution. The County shall distribute funds received under Title 1 of the Act for fiscal years 1985-1986, 1986-1987, 1987-1988 or the Eleventh, Twelfth and Thirteenth program years for the undertaking of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. 9. Effective and Termination Dates. This agreement shall go into effect as of the date shown in Section 1 immediately upon the signature of both parties and shall continue in full force and effect through the Eleventh,Twelfth and Thirteenth approved community development program years, or fiscal years 1985-1986, 1986-1987, 1987-1988 covered by the County's Statement of Community Development activities and projected use of funds and so long as the essential community development and housing assistance activities are being undertaken pursuant to this agreement. Except for the provisions of Section 7, this agreement shall expire as provided in this section. 10. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of a subsequent Statement of Community Development activities and projected use of funds for the Fourteenth, Fifteenth and Sixteenth program years. Should the County desire to qualify as an urban county for subsequent fiscal years the City shall have the option of choosing whether to continue its participation with the County. 11. Representatives. (a) The City designates C 1 t Manager or his or her deputy as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. (b) The County designates the Director of Planning or his or her deputy as the official to whom all notices and communication from the City concerning any matter discussed herein or relevant to this agreement should be directed. 12. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. 2 r Lf - COUNTY OF CONTRA COSTA Lafayette City or town By. Chairman, Board of Supervisors Mayof Attest: Phil Batchlor, Clerk of the Board ATTEST: of Supervisors and County Administrator _ U-e-pUty City Clerk By ` (SEAL) (SEAL) RECOMMENDED FOR APPROVAL- By 4nt inistrator y r of Planning FORM APPROV L 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 full), 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. VICTOR J. WESTMAN B t o By Deputy City Attorney D#lc 3 - COOPERATION AGREEMENT H.C.D.A. 1974 County and City of Pleasant Hi 11 ) SEP 2 5 1984 1. Parties & Date. Effective on , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County" and the INCORPORATED CITY OF PLEASANT HILL , being a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City", mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1974, as amended (hereinafter called "Act"). Title 1 of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title 1 makes available entitlement grants to (1) cities whose 1980 Census population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban County" means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B) has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Fourteen cities in the County of Contra Costa have a 1980 Census population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined 1980 Census population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant Funds. The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provision of this agreement. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing, hereinafter called "program", in fiscal years 1985- 1986, 1986-1987, 1987-1988, or the Eleventh, Twelfth, and Thirteenth program years in compliance with the final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. The County has the authority to carry-out activities funded under this program. 4. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title 1 of the Act and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Pian as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title 1 of the Act. Said obligations and responsibilities include the submission to the Federal Department of Housing & Urban Development (HUD) a Statement of Projected Use of Funds, a Housing Assistance Plan and certain assurances or certifi- cations required by the Act and regulations adopted pursuant thereto. 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare its submissions to HUD and to develop for County an analysis of needs, setting of objectives, preparation of community development program, plans and budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the documents submitted to HUD due to the City's failure to supply information by the dates specified. - 1 - 6. Compliance. The County and the City shall take all required actions to comply with the provisions of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 209 of Title 1 of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and other information necessary to prove compliance. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. 7. Indemnification. (a) The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted here- under pursuant to the Act. The provisions of this paragraph 7 shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Development Block Grant program and within the Target Areas. (b) The County shall defend, save harmless and indemnify the City, its officers, agents and employees from all liabilities and claims for any fines, penalties or damages of any type from any cause whatsoever arising from or connected with..the County's failure to comply with any requirement of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto. 8. Fund Distribution. The County shall distribute funds received under Title 1 of the Act for fiscal years 1985-1986, 1986-1987, 1987-1988 or the Eleventh, Twelfth and Thirteenth program years for the undertaking of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. 9. Effective and Termination Dates. This agreement shall go into effect as of the date shown in Section 1 immediately upon the signature of both parties and shall continue in full force and effect through the Eleventh, Twelfth and Thirteenth approved community development program years, or fiscal years 1985-1986, 1986-1987, 1987-1988 covered by the County's Statement of Community Development activities and projected use of funds and so long as the essential community development and housing assistance activities are being undertaken pursuant to this agreement. Except for the provisions of Section 7, this agreement shall expire as provided in this section. 10. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of a subsequent Statement of Community Development activities and projected use of funds for the Fourteenth, Fifteenth and Sixteenth program years. Should the County desire to qualify as an urban county for subsequent fiscal years the City shall have the option of choosing whether to continue its participation with the County. 11. Representatives. (a) The City designates Community Planning Director. or '-his ,or. her--deputy as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. (b) The County designates the Director of Planning or his or her deputy as the official to whom all notices and communication from the City concerning any matter discussed herein or relevant to this agreement should be directed. ° 12. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. - 2 - COUNTY OF CONTRA COSTA Pleasant Hi l l �j(City or town) By X c iGri���r ( By Chairman, Board of Supervisors Mayor ATTEST: ATTEST: J. R. OLSSON, County Clerk and ex-officio Clerk of the Board lG% — City Clerk By _ (SEAL) (SEAL) RECOMMENDED FOR APPROVAL: By C my Admi strator By L" oun y Direc r of P anning FORM APPROVAL A I D 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. VICTOR J. WESTMAN By SILVANO MARCHESI By Deputy ity Attorney D#lc _ 3 _ RESOLUTION N0. 67-84 A RESOLUTION OF THE CITY COUNCIL, CITY OF PLEASANT HILL, APPROVING THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT COOPERATION AGREEMENT WHEREAS, the Congress of the United States has enacted the Housing and Community Development Act of 1974 as amended; and WHEREAS, the City of Pleasant Hill may join with the County of Contra Costa to form a combined 1980 census population of 200,000 or more persons, thereby qualifying as a Urban County thus being eligible for an entitlement of Community Development Block Grant funds; and WHEREAS, the County and the City of Pleasant Hill desire to engage in housing and community development activities as authorized under the Act. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill as follows: Section 1. That the Cooperation Agreement, H.C.D.A. 1974, between the City of Pleasant Hill and the County of Contra Costa is hereby approved in the form attached hereto as Exhibit "A". Section 2. That the Mayor be and is hereby authorized and instructed to execute the Cooperation Agreement, H.C.D.A. 1974 for the Eleventh, Twelfth, and Thirteenth Community Development Block Grant Programs (1985-86, 1986-87, 1987-88) with the County of Contra Costa. ADOPTED by the City Council at a regular meeting of said Council held on the 27th day of August, 1984, by the following vote: Ayes: Holmes , Mulhall , Mustard, Weldon, Cooper Noes: None Absent: None PAUL L. COOPER, Mayor Attest: , AET6AA L. CRAWFORD, City/Clerk' iI `�7 Dept. Head Approval '0 c4 !lam Z W F 0 fvt ^ C! FED UE C n /�p }y y-575-14il A{torricv / I 404 TO: BOARD OF SARVISORS FROM: Anthony A. Dehaesus Contra Director of Planning Costa( DATE: June 12, 1984 ` ou' "1 SUBJECT: Approval of the Tenth Year (1984-85) Community Development Block Grant (CDBG) Program Project Agreement, City of Antioch SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION Authorize the Chairman to execute the Tenth Year CDBG Program Project agreement implementing Actions #9-28 Economic Development with an allocation of $30,000; and 10-14 Baseball Field Improvements with an allocation of $15,000 for a total contract payment limit of $45,000. BACKGROUND 1. The Economic Development project provides assistance to qualified applicants to stimulate business and create jobs through the use of CD funds to leverage private and SBA loans; and is a continuation of the previous years program. / 2. The Babe Ruth Field improvements is a continuation of a previously funded project funded to provide paving, landscape and irrigation system to upgrade the ball field area. CONTINUED ON ATTACHMENT: YES SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR ECO MEN ATION F OARD OMMITTEE APPROVE OTHER C SIGNATURE(S) > ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. CC: Planning ATTESTED O County Administrator J. OLSSON, COUNTY CLERK Auditor-Controller AND EX OFFICIO CLERK OF THE BOARD County Counsel Contractor M3e2/7-69 1G BY - �G�2�1�2 , DEPUTY • PROJECT AGREEMENT 7•�S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number: 9-28, 10-14 1. Agreement Identification. 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 Antioch Address: City Hall, Third & H Streets Antioch, CA, 94509 3. Term. The effective date of this Agreement is April 1, 1984 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 $45,000 . 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 "Certifications" 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 Final Statement of Community Development Objectives and Projected Use of Funds dated February 29, 1984, and approved by HUD on April 1, 1984 ; and as more particularly described in the "Project Work Program", attached hereto. 9. S�natures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By. lU/Y� By: `' _ MAYOR Chairman, Board of Supervisors Designate Official Capacity ATTEST: J. R. OLSSON, County Clerk in Org ization) Aff4 By: By: 4nty (DesignaIrganization)Official Capacity in Recomme Note to Contractor: (1) If a public agency, designate official capacity in public agency and attach a certi- By: fied copy of the governing body resolution aesusauthorizing execution of this agreement. F Approvel (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. -1)eputy (Affix Appropriate Acknowledgement Form) Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1984-1985 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 9-28-Economic Development: This project will provide economic assistance to qualified applicants to stimulate business and create jobs through the use of CD funds to leverage private and SBA loans. At no time will this project conflict with or duplicate the efforts of Pacific Community Services, Inc. The loan fund is operated for the City by the Antioch Economic Development Corporation. 10-14 Babe Ruth Field: Continuation of a previously funded project to provide paving; landscape, and irrigation system upgrade for the ball field area. 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 9-28 Economic Development Administer revolving loan program. April 1984 April 1985 10-14 Baseball Field Improvements General facility development. May 1, 1984 March 31, 1985 Asphalt areas. Complete snack bar, eating areas and fencing. Expand sprinkler system. C. PROJECT GOALS Contractor shall define project objectives. 9-28 Continuation of previously funded activity to encourage new businesses to locate and existing business to remain and expand in order to broaden the community tax base. - To create or retain one job for low and moderate income persons for each $5,000 of CDBG funds utilized. - To promote economic development within the City of Antioch through the Antioch Economic Development Corporation, a private, non-profit corporation. 10-14 - Baseball field improvements - complete by April 1985. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performance standards indicated (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD regulations including Equal Opportunity and Section 3 provisions, as provided in the "Guide for Compliance with Assurances and Certification Under the Housing and Community Development Act", as provided by the County Planning Department. 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 of Management and Budget (OMB) Circular A-102, attachment O 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 1344.1 - Labor Standards Administration and Enforce ment, Community Development Block Grant Program, and as provided in the Compli- ance Guide cited. 5. All construction contracts over $10,000 shall be in complaince with bid procedures contained in the Complaince Guide cited. 6. All construction contracts over $100,000 shall be In complaince with the bonding and 'insurance requirements contained in OMB A-102 Attachment B, and with the require- ments of the Clear Air Act and Federal Water Pollution Control Act. 7. Comply with all applicable building codes and laws in the construction work and ensure that access to the handicapped will be provided in accordance with the requirements of the "American Standard Specifications for Making Buildings and Facilities Access- ible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1971. 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 require- ments and provisions have been included. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. 10-14 Douglas R. Ward City of Antioch Department of Development Services P. O. Box 130 Antioch, CA 94509 9-28 James Jakel Antioch Economic Development Corporation c/o Department of Development Services P. O. Box 130 Antioch, CA 94509 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 representa- tives, 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 Antioch ACTIVITY NUMBER: 9-28, 10-14 City Hall, Third & H P. O. Box 130 Antioch, CA 94509 BUDGET PERIOD: April 1, 1984-March 31,1985 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total -$ 9-28 Economic Development $309000 -0- $309000 - Assistance through loans or grants to new or existing small businesses for land, structures, improvements, or fixtures. - Admin., consultant fees promotion, misc. 10-14 Baseball Field Improvements $15,000 - $15,000 - Purchase materials and supplies. - Permits and fees. - Labor e TOTAL $45,000 -0- $45,000 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. CERTIFICATIONS I. 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/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. (c) That prior to submission of its final statement to HUD, the grantee/contractor has met the citizen participation requirements, prepared its final statement of com- munity 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; (d) It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of Section Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (e) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight; the final statement of projected use of funds may also include activities which the grantee/contractor certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious threat to the health and welfare of the community, and other financial resources are not available; (f) Its chief executive officer or other officer of the grantee/contractor approved by HUD: (1) 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 58.5; and (2) Is authorized and consents on behalf of the grantee/contractor and himself/her- self to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official; II. The grant will be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing regulations issued at 24 CFR Part 1; (2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issues at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and implementing regulations when published for effect; (8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple. menting regulations when published for effect; Certifications - Page 2 (9) 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; III. The relocation requirements of Title II and the acquisition requirements of Title III of the, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; IV. The acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements; VI. Executive order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub.1.93-234); and VII. No member, officer or employee of the grantee/contractor, 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 process thereof, for work to be performed in connection with the program assisted under the Grant, and that is 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; VIII. It will comply with the provisions of the Hatch Act which limits the political activity of employees; IX. It will give HUD and the Comptroller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/82 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. Confidentialitv. 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 riot 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) Liabilitv 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 speci- fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues, 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 invested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction plans and specifications shall be reviewed and approved by the Contractor before construction is commenced. (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 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. Incondemnation actions such title defects must be eliminated by the final judgement. 24. Project Termination. It shall be a policy of the County that any project funded in any way through the Community Development Program that is cancelled, abandoned or fails during the contract period or is otherwise completed, all remaining funds allocated shall be immediately returned to the County. Property acquired with the use of federal funds, in whole or in part, under the Community Development Program that falls to disuse, is abandoned or is no longer needed. for the original intended purpose within 20 years of acquisition, will be disposed of in accordance with OMB Circular A-102, Attachment N, with prior written approval and coordination with county staff. la " PAYMENT PROVISIONS 1. Pavment 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 allFederal 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 Iater 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 TO: BOARD OF SOERVISORS + FROM Anthony A. Dehaesus Contra Director of Planning Costa DATE: June 4, 1984 County SUBJECT: Approval of the Tenth Year (1984-85) Community Development Block Grant Program (CDBG) Project Agreement, City of San Pablo and Carry-over of Funds. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Authorize the Chairman to execute the Tenth Year CDBG Program Project Agreement with the City of San Pablo, implementing activities #10-10 Housing Rehabilitation and #10-11 Housing Assistance Plan with a contract payment limit of $477,755.67. This limit is comprised of $294,000 Tenth Year allocation with $148,923.80 carry-over for activity #10 and $30,000 Tenth Year allocation for allocation #11 with $4,831.87 carry-over. BACKGROUND: The City has operated housing rehabilitation and housing assistance plan projects for the past 4-5 years. The housing rehabilitation program provides loans at reduced rates and 0% deferred loans for qualified residents in the City of San Pablo. The program also has a neighborhood beautification and clean-up as well as a paint rebate program. The housing assistance plan involves the implementation of supportive activities relative to the City/County housing assistance plan and the City's housing element. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECO M NDAT N O OARD COMMITTEE APPROVE J,..OTHER SIGNATURE(S) CrOO / ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT _ ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. CC: Planning ATTESTED O County Administrator J.R LSSON, COUNT CLERK Auditor-Controller (Attn: Bette Pereira) AN EX OFFICIO CLERK OF THE BOARD County Counsel Contractor M382/7-83 BY DEPUTY I PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Dumber: 10-10 10-11 I. Agreement Identification. h Department: County Planning Department Subject: Allocation of Federal funding under Title I of the Housing and Community Development /1ct 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 April 1, 1984 and it terminates March 31 1985, 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 $ 4779755.67 . 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 Final Statement of Community Development Objectives and Project Use of Funds dated February 29 1984 and approved by HUD on April 1, 1984; and as more particularly describedin the "Project Work Program", attached hereto. 9. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By:'X Io n', /X�" By: Chairman, Board of Supervisors D nald L. Russell-, City.Manager ATTEST: J. R. OLSSON, County Clerkt'(/,�G�-L�X� Z, ti By: Approved as to Form by the Deputy City Attorney Reco id by Dep tment ote to Contractor: ( ) •If a public agency, designate official By: capacity in public agency and attach a certi- ZArony A. Dehaesus fied copy of the governing body resolution authorizing execution of this agreement. orm Approved: nty Counsel (2) All others: Execute acknowledgment form above,-and if a corporation, designate official capacity in business, execute acknow- ledgment form and affix corporation seal. Deputy (Affix Appropriate Acknowledgement Form) Page 2 • EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1984-1985 A PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 10-10 Housing Rehabilitation/Neighborhood Beautification This consists of the following: 1. Continuation of housing rehabilitation and code enforcement program offering the following loans and services: Reduced Interest Rate (BMIR) rehab loans; 0% deferred loans; short-term construction loans; emergency, relocation and settlement costs grants; plus technical and financial counseling to qualify residents in the North and South San Pablo Neighborhood Preservation areas. Community Development funds will be supplemented with SB-99 rehabilitation revenue bond proceeds. 2. A neighborhood beautification and clean-up program consisting of a paint rebate and dumpster program. 3. A demolition revolving fund program to front the costs of demolishing vacant, substandard buildings in the North and South San Pablo 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. 10-11 Housing Assistance Plan (HAP) This activity involves the implementation of supportive activities relative to the County/City Housing Assistance Plan and the City Housing Element policies and action programs. The major undertaking under this activity this year will be the updating of the City Housing Element as mandated by AB-2853. 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 10-10 (Housing Rehab/Neighborhood Beautification Hire/continue existing staff for housing rehab 4-15-84 3-31-85 program. Receive applications, process architectural and 4-15-84 3-31-85 financial packages, monitor and complete construc- tion, make loans/grants for rehab. Start paint rebate and dumpster program. 3-1-85 3-31-85 Continue City Abatement Program monitor and 4-15-84 3-31-85 demolish vacant properties 10-11 (HAP Continue HAP activities. 4-15-84 3-31-85 C. PROJECT GOALS Contractor shall define project objectives. 10-10 (Housing Rehabilitation) 1. To provide various types of financial and technical assistance through loans ranging from 4-11% BMIR loans, 0% deferred loans, interim construction loans, grants on combinations thereof, and thus enable approximately 40 families in the North and South San Pablo NPA to renovate and/or purchase/refinance their homes. 2. To provide cash rebates to 80-100 painting program participants in the North and South San Pablo NPAs. 3. To provide approximately 50 debris boxes during Spring of 1985 at various locations in the North and-South San Pablo NPAs and thus encourage clean-up by individual residents and whole neighborhoods. 4. To provide funds for the demolition of 9-10 vacant substandard properties in the North and South San Pablo NPA. 10-11 (Housing Assistance Plan Supplementation) • To continue implementing supportive activities relative to the County-City HAP as well as the policies and action programs of the 1984 San Pablo updated Housing Element, primarily relating to provision of housing to low and moderate income households. r Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performance standards indicated (details of project implementation) will be applied in project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD regulations including Equal Opportunity and Section 3 provisions, as provided in the "Guide for Compliance with Assurances and Certification Under the Housing and Community Development Act", as provided by the County Planning Department. 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 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 of Management and Budget (OMB) Circular A-102, Attachment O 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 1344.1 - Labor Standards Administration and Enforce ment, Community Development Block Grant Program, and as provided in the Compli- ance Guide cited. 5. All construction contracts over $10,000 shall be in compliance with bid procedures contained in the Complaince Guide cited. 6. 411 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 require- ments of the Clear Air Act and Federal Water Pollution Control Act. 7. Comply with all applicable building codes and laws in the construction work and 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-1971. 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 require- ments and provisions have been included. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Steve Mathews Manny Ungson. One Alvarado Square San Pablo, CA 94806 234-6486 Page 4 PROJECT WORK PROGRAM R 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: 10-10 and 10-11 City of San Pablo BUDGET PERIOD: April 1, 1984 - March 31, 1985 One Alvarado Square San Pablo, CA 94806 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total -$ 10-10 (Housing Rehab) $442,923.80 $ 2,908,400 (1) $393519323.80 Loans & Grants - Loans/Grants - Loan Fee Subsidies - Low Interest Loans - Deferred Loans - Paint Rebates - Dumpster Program - Demolition Revolving - Fund Personnel/Administration - Supplemental Staff Salaries (Housing Dir., Coordinator/Planner, Rehab Specialists, Adm. Analyst, Draftsperson, Secretary) - Materials/Supplies - Program Costs 10-11 (Housing Asst. Plan 342831.87 203100(2) 549931.87 Supplementation - Personnel - Program Costs (1) SB 99 1982A 11% Rehab Loans plus construction assistance funds from Rehab Agency. (2) Redevelopment Agency and Mark Foran operating fund revenues. (e TOTAL $4779755.67 $ 21928,500 $3,4060255.67 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. CERTIFICATIONS I. 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/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. (c) That prior to submission of its final statement to HUD, the grantee/contractor has met the citizen participation requirements, prepared its final statement of com- munity 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; (d) It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of Section Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (e) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight; the final statement of projected use of funds may also include activities which the grantee/contractor certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious threat to the health and welfare of the community, and other financial resources are not available; (f) Its chief executive officer or other officer of the grantee/contractor approved by HUD: (1) 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 58.5; and (2) Is authorized and consents on behalf of the grantee/contractor and himself/her- self to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official; II. The grant will be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing regulations issued at 24 CFR Part 1; (2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issues at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; ` (7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and implementing regulations when published for effect; (8) The Age Discrimination Act of 1975 (Pub.L.94-435), as amended, and imple- menting regulations when published for effect; J Certifications - Page 2 (9) 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; Ill. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; IV. The acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements; VI. Executive order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub.1.93-234); and VII. No member, officer or employee of the grantee/contractor, 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 process thereof, for work to be performed in connection with the program assisted under the Grant, and that is 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; VIII. It will comply with the provisions of the Hatch Act which limits the political activity of employees; IX. It will give-HUD and the Comptroller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/82 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. It (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 • S. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or am4nded 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. Confidentialitv. 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 Gounty 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 speci- fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues, 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 invested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction plans and specifications shall be reviewed and approved by the Contractor before construction is commenced. (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 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 judgement. 24. Project Termination. It shall. be a policy of the County that any project funded in any way through the Community Development Program that is cancelled, abandoned or fails during the contract period or is otherwise completed, all remaining funds allocated shall be immediately returned to the County. Property acquired with the use of federal funds, in whole or in part, under the Community Development Program that falls to disuse, is abandoned or is no longer needed for the original intended purpose within 20 years of acquisition, will be disposed of in accordance with OMB Circular A-102, Attachment N. with prior written approval and coordination with county staff. la PAYMENT PROVISIONS 1. Pavment Basis. County shall in no event pay to the Contractor a cum 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/dal/la 3/16/82 I I i I I I I RESOLUTION NO. 84-54• RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AUTHORIZING EXECUTION OF THE TENTH YEAR (1984-85) PROJECT AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PRO- GRAM WITH THE COUNTY OF CONTRA COSTA TO IMPLEMENT THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 19779 AS AMENDED. The City Council of the City of San Pablo does hereby resolve as follows: Section I. The San Pablo City Council approves the Tenth Year 1984- 85 Community Development Block Grant Program Project Agreement with the County of Contra Costa in the amount of $477,755.67 to implement the Housing and Community Development Act of 1977, as amended; and Section II. The San Pablo City Council approves the activities and allocations in the 1984-85 Community Development Block Grant Program Project Agreement as contained in "Exhibit A - Project Work Programs"; and Section Ill. The City Manager is hereby approved and authorized to execute the Tenth Year (1984-85) 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 Agree- m ent. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. * * * * * * * * * * * * * * * * 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 this 23rd day of May, 1984, by the following vote to wit: AYES: Councilmembers: Koepke , Brown, Armstrong, Carmignani , Gomes NOES: Councilmembers: None ABSENT: Councilmembers: None PROVED: i C J ep M. omes, Mayor ATTEST: L. r MICHELLE B011IE, DEPUTY CITY CLERK I hereby certify, that the foregoing 1 Q9 91 ft4%# tFUtD and noirneat: copy :oY, �� t; now TO: BOARD OF SARVISORS • }} FROM: Anthony A. Dehaesus Con tralra Director of Planning (Costa DATE: May 21, 1984 County SUBJECT: Approval of the Tenth Year (1984-85) Community Development Block Grant (CDBG) Program Project Agreement with the City of Pinole and Carryover of Fi inric SPECIFIC REQUESTS) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION The Chairman is authorized to execute the Tenth Year Community Development Block Grant Program Project Agreement with the City of Pinole to implement Activity #9 - Neighborhood Beautification Program with a payment limit of $19,262.67 which is comprised of $13,000 Tenth Year Allocation and $6,262.67 carryover from the 1983-84 Neighborhood Beautification Program. BACKGROUND The City has been operating a tool lending and paint rebate program for eligible households in the Neighborhood Preservation Program Area for the purpose of preserving and stabilizing residential investment and enhancing the exterior appearance of the neighborhood. r CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR CO ME DATIONJF BOARD C ITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Planning cc: County Administrator Office ATTESTED Auditor-Controller (Attn: Betty Periera) J. OLSSON, COUNTY CLERK County Counsel A D EX OFFICIO CLERK OF THE BOARD Contractor M382/7-83 1G BY DEPUTY PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number: 10-9 1. Agreement Identification. 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: 2151 Pear Street Pinole, CA. gySGy 3. Term. The effective date of this Agreement is April 1, 1984 and it terminates March 31, 1985,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 $199262.67 . 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 "Certifications" 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 Final Statement of Community Development Objectives and Projected Use of Funds dated February 29, 1984,and approved by HUD on April 1, 1984; 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: Chairman, Board of Supervisors Design f 'al city ATTEST: J. R. OLSSON, County Clerk in Or aniza 'o Louis Borges, Jr. , Mayor, City of Pinole By: By: D uty Designate Official Capacity in Organization) Recommended y Depar ent e to Contractor: 1 (1) If a public agency, designate official B capacity in public agency and attach a certi- AnthIty y . Dehaesus fied copy of the governing body resolution authorizing execution of this agreement. rm Approved: Cou 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. eputy (Affix Appropriate Acknowledgement Form) Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1984-1985 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 10-9. Neighborhood Beautification Program: A paint and tool lending service program for eligible households in the Neighborhood Preservation Area for the purpose of preserving and stabilizing residential investment and enhancing the exterior and visual appearance of residential investment and enhancing the exterior and visual appearance of the neighborhood residential structure. Under the paint (exterior) program, up to $200 can be reimbursed to the resident for the house, garage or fence, while up to the maximum of $75 can be reimbursed under the tool rental program. The tool rental program is available to make improvements or complete repairs to the exterior of the house or property. 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 Paint Programs Tool Program No. of Households No. of Households Month/Year 0 0 April 1984 0 0 May 1984 8 5 June 1984 9 9 July 1984 15 11 August 1984 19 13 September 1984 24 18 : October 1984 75 55 TOTAL C. PROJECT GOALS Contractor shall define project objectives. The target goals of the paint and tool programs respectively are as indicated by the project time schedule. The goal is to complete both programs by Fall of 1984. Due to the nature of the program, favorable weather conditions are required for program activity to be accomplished. The goal is to process 75 homes in the paint program at approximately $200 each (or a total expense of $15,132 and to process 55 homes in the tool lending program at approximately $75 each for a total cost of $4,131. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performance standards indicated (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD regulations including Equal Opportunity and Section 3 provisions, as provided in the "Guide for Compliance with Assurances and Certification Under the Housing and Community Development Act", as provided by the County Planning Department. 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 of Management and Budget (OMB) Circular A-102, attachment O 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 1344.1 - Labor Standards Administration and Enforce ment, Community Development Block Grant Program, and as provided in the Compli- ance Guide cited. 5. All construction contracts over $10,000 shall be in compliance with bid procedures contained in the Complaince 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 require- ments of the Clear Air Act and Federal Water Pollution Control Act. 7. Comply with all applicable building codes and laws in the construction work and 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-1971. 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 require- ments and provisions have been included. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Joe Meneghini, Assistant to the City Manager Don Bradley, City Manager City of Pinole 2141 Pear Street Pinole, CA 94564 724-9000 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 Pinole ACTIVITY NUMBER: 10-9 2151 Pear Street Pinole, CA 94564 BUDGET PERIOD: April 1, 1984-March 31,1985 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total -$ 10-9. Neighborhood Beautification $199262.67 -0- $19,262.67 - Tool Lending - Paint Supplies - Administration e TOTAL $199262.67 $ -0- $199262.67 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. CERTIFICATIONS I. 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/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. (c) That prior to submission of its final statement to HUD, the grantee/contractor has met the citizen participation requirements, prepared its final statement of com- munity 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; (d) It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of Section Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (e) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight; the final statement of projected use of funds may also include activities which the grantee/contractor certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious threat to the health and welfare of the community, and other financial resources are not available; (f) Its chief executive officer or other officer of the grantee/contractor approved by HUD: (1) 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 58.5; and (2) Is authorized and consents on behalf of the grantee/contractor and himself/her- self to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official; II. The grant will be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing regulations issued at 24 CFR Part 1; (2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the. Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issues at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and implementing regulations when published for effect; (8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple- menting regulations when published for effect; Certifications - Page 2 (9) 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; III. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; IV. The acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements; VI. Executive order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub.1.93-234); and VII. No member, officer or employee of the grantee/contractor, 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 process thereof, for work to be performed in connection with the program assisted under the Grant, and that is 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; VIII. It will comply with the provisions of the Hatch Act which limits the political activity of employees; IX. It will give HUD and the Comptroller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/82 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". .r ,, .r. ,l .. ,. «..-n. _ •• .„ :r -r. -� w- +ry,:�, Svr � .b.,.: .�w^ nw,...- �1,...a. 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 rebating 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 I 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 negliID gence 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 speci- fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues, 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 invested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction plans and specifications shall be reviewed and approved by the Contractor before construction is commenced. (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 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 judgement. 24. Project Termination. It shall.be a policy of the County that any project funded in any way through the Community Development Program that is cancelled, abandoned or fails during the contract period or is otherwise completed, all remaining funds allocated shall be immediately returned to the County. Property acquired with the use of federal funds, in whole or in part, under the Community Development Program that falls to disuse, is abandoned or is no longer needed for the original intended purpose within 20 years of acquisition, will be disposed of in accordance with OMB Circular A-102, Attachment N, with prior written approval and coordination with county staff. la PAYMENT PROVISIONS 1. Pavment 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 reivised 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 thIe 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 ounty pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such Ci 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. i ]._._•„ "'"'. ;Ire r , � P.. "�"_ r L,c. _^� '~ . �r�...r e_'r'3 1. _._..:'�_N:w•`�'" _,�.Y�.�. 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. 3. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) abIove, 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 oiligations under this Agreement. DF/jal/la 3/16/82 .. .+. �� .. �.. '?:. ... � .— . � T,. .� �.w.m- c�..•.—.r_.�... aiM y�.e f.Y'S,a_.�ir��C�SA'W✓H,a:.��t.: % / S8 TO: BOARD OF S*RVISORS + FROM: Anthony A. Dehaesus Contra Director of Planning Costa DATE: May 25, 1984 County SUBJECT: Approval of the Tenth Year (1984-85) Community Development Block Grant (CDBG) Program Project Agreement, City of Martinez and Carryover of Funds. SPECIFICI REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Authorize the Chairman to execute the Tenth Year CDBG Program Project Agreement with the City of Martinez, implementing activities 10-4 - Economic Development Planning and 10-15 - Mellus Street Storm Drain, with a contract payment limit of $108,012.96 comprised I of $106,500.00 from the Tenth Year allocation and $1,512.96 carryover funds from the Ninth Year allocation. BACKGROUND: The City of Martinez will provide continued staffing for various economic development activ- ities to promote job creation and stimulate economic vitality in the downtown Martinez area via theEconomic Development Planning activity. The Mellus Street Storm Drain Project will create limprovements of the drainage system between Pine and Las Juntas Streets by the installation of 610 linear feet of drain pipe. CONTINUED ON ATTACHMENT: YES , SIG NA R RECOMMENDATION OF COUNTY ADMINISTRATOR REC M ENDATI OF BOARD COMMITTEE APPROVE OTHER URE(S) C(oe5 � ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN.. �f CC: Planning ATTESTED S Q County Administrator J.R LSSON, COUNTY CLERK Auditor-Controller AND EX OFFICIO CLERK OF THE BOARD County Counsel Contractor M3e2/74a BY i s DEPUTY i PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number: 10-4 10-15 1. Agreement Identification. 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 effective date of this Agreement is April 1, 1984 and it terminates March 31, 1985,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 $108,012.96 . 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 "Certifications" 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 Final Statement of Community Development Objectives and Projected Use of Funds dated February 29, 1984, and approved by HUD on April 1, 1984; 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 CON By: row By: Chairman, Board of Supervisorses na ficial Capacity- ATTEST: J. R. OLSSON, County Clerk in O ganization) By: � �(yS - By: eputy —' Designate Official Capacity in Organization) ARecommnp rtmentNote to Contractor: (1) If a public agency, designate official capacity in public agency and attach a certi-fied copy of the governing body resolution ony A. Dehaesus authorizing execution of this agreement. orm Approved: unty Counsel (2) All others: Execute acknowledgment form above, and if a corporation, designate � j official capacity in business, execute acknow- By: /, � ledgment form and affix corporation seal. Deputy (Affix Appropriate Acknowledgement Form) Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1983-1984 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 10-4 Economic Development Planning This project provides continued staffing for various activities to promote job creation and economic vitality in the downtown Martinez area. 10-15 Mellus Street Storm Drain Improvement of drainage system between Pine and Las Juntas, consisting of 610 linear feet of reinforced concrete pipe (RCP). 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 Economic Development Implement projects April 1, 1984 March 31, 1985 Mellus Street Storm Drain - Design April 1, 1984 May 1984 - Award Contract -- June 6, 1984 - Construction June 20, 1984 August 31, 1984 - Project Completed September 5, 1984 C. PROJECT GOALS Contractor shall define project objectives. Economic Development - Continue staffing for various projects that promote job location in the downtown area. - Coordinate the activities of downtown advocacy organizations in the implementation of economic development projects. Mellus Street Storm Drain Eliminate flooding in the downtown area, and improve traffic and pedestrian safety downtown. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performance standards indicated (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD regulations including Equal Opportunity and Section 3 provisions, as provided in the "Guide for Compliance with Assurances and Certification Under the Housing and Community Development Act", as provided by the County Planning Department. 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 of Management and Budget (OMB) Circular A-102, attachment O 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 1344.1 - Labor Standards Administration and Enforce ment, Community Development Block Grant Program, and as provided in the Compli- ance Guide cited. 5. All construction contracts over $10,000 shall be in complaince with bid procedures contained in the Complaince Guide cited. 6. All construction contracts over $100,000 shall be in complaince with the bonding and insurance requirements contained in OMB A-102 Attachment B, and with the require- ments of the Clear Air Act and Federal Water Pollution Control Act. 7. Comply with all applicable building codes and laws in the construction work and ensure that access to the handicapped will be provided in accordance with the requirements of the "American Standard Specifications for Making Buildings and Facilities Access- ible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1971. 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 require- ments and provisions have been included. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Jim Jakel City of Martinez 525 Henrietta Street Martinez, CA 94553 (415) 372-4932 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 representa- tives, 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 Martinez ACTIVITY NUMBER: 10-4, 10-15 525 Henrietta Street Martinez, CA 94553 BUDGET PERIOD: April 1, 1984-March 31,1985 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total -$ 10-4. Economic Development $18,012.96 -0- $18,012.96 Planning - Staff Salary - Fringes - Travel - Misc. 10-15 Mellus Street $909000 -0= $909000 Storm Drain - Design - Engineering - Construction - Administration (e TOTAL $1089012.96 -0- $1089012.96 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. -.... .._,-.� .._.n_:a.3...._. +.�. ._. . . : _ ,..- ? ...�t z :.- .... _..::'._•. ..1. _...w.-..ws.�,�Y..a:=:.��'�-'i. '�..�x•n=,:.ra.�s___ c�__.� CERTIFICATIONS I. 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/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. (c) That prior to submission of its final statement to HUD, the grantee/contractor has met the citizen participation requirements, prepared its final statement of com- munity 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; (d) It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of Section Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (e) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight; the final statement of projected use of funds may also include activities which the grantee/contractor certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious threat to the health and welfare of the community, and other financial resources are not available; (f) Its chief executive officer or other officer of the grantee/contractor approved by HUD: (1) 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 58.5; and (2) Is authorized and consents on behalf of the grantee/contractor and himself/her- self to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official; - II. The grant will be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing regulations issued at 24 CFR Part 1; (2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issues at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and implementing regulations when published for effect; (8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple- menting regulations when published for effect; ;:t._ _.. w.._. .M ..._.. .u.... . ...x ._. ..,,'..._. =::.._ _;y,• .. z .. - _ ;. _ ..�moo..._.�,a.......4...r '`.:.i" r^+' ___.._. .3. ._ ..�-_ Certifications - Page 2 (9) 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; III. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; IV. The acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements; VI. Executive order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub.1.93-234); and VII. No member, officer or employee of the grantee/contractor, 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 process thereof, for work to be performed in connection with the program assisted under the Grant, and that is 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; VIII. It will comply with the provisions of the Hatch Act which limits the political activity of employees; IX. It will give HUD and the Comptroller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/82 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 II 8. Modifications and Amendments. I (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". I 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. -. ,...:: �}ia.e,"tr..^.�~ ....� .-'Xt .. .':' r� ;..i. ...Y'- : :C. ..: ..L. .. 1.>.. i+>". y..ht�xa�•_._.1lkv>.1.,3�._,-.A.J'.;.K l{r:F.G.O. Page 4 21. Available Copies. Copies of the County's Project documents (as speci- fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues, 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 invested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction plans and specifications shall be reviewed and approved by the Contractor before construction is commenced. (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 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 judgement. 24. Project Termination. It shall.be a policy of the County that any project funded in any way through the Community Development Program that is cancelled, abandoned or fails during the contract period or is otherwise completed, all remaining funds allocated shall be immediately returned to the County. Property acquired with the use of federal funds, in whole or in part, under the Community Development Program that falls to disuse, is abandoned or is no longer needed for the original intended purpose within 20 years of acquisition, will be disposed of in accordance with OMB Circular A-102, Attachment N, with prior written approval and coordination with county staff. la u PAYMENT PROVISIONS 1. Pavment 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 orl.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. _. i Page 2 t 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 TO: - BOARD OF SC,'g'ERVISORS FROM: Anthony A. Dehaeau, Contra DiAectoA obs Ptann.ing Costa DATE: ApAit 27, 1984 County SUBJECT: AppAovat o6 the Tenth yeaA ( 1984-85) Community Devetopment Btoch GAant (CDBG) PAogAam PAo1ect AgAeement and canAyoven o{s 6unds with the City o{s Et CeA)Lito. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the ChaiAman is authoA.ized to execute the Tenth yeaA CDBG PAogAam PAo1ect apeement -i.mptementing activity #8 - Hou ing Consenvatl.on PAogAam with a payment t m.it o6 $35,531.42 compAized o{s $27,000 6Aom the Tenth yeah attocation and $8,531.42 caxA.ied oven bAom the Ninth yeah HovAing Co"envatti.on PAogAam. BACKGROUND: The City oU Et CeAAito have been operating a ho"ing consenvati.on' pAogham .6ince Ey 76-77, pAov.iding ceAtiicatu o6 occupancy inspections o6 Aentae units 4oA houeing code comptiance and votuntaAy code enboAcement. Smoke detectoA Ae.imbuAzement iz afso pAov.ided to those in quati.6y.ing di.6ta.icta Aequuti.ng 6iAe inspections. T � CONTINUED ON ATTACHMENT: YES SIGNATUR . RECOMMENDATION OF COUNTY ADMINISTRATORRECO NDATION'j BOARD CO ITTEE APPROVE ' OTHER 67- SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER 17 VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISOR ON THE DATE SHOWN. CC: Panning ATTESTED ,County Admin i staatoA J.R. O' Lsi�Og COtNTY CLERK AUd-itoA-Contnotten AND EX OFFICIO CLERK OF THE BOARD County Counaet Contnactox M382/7-e9 BY - DEPUTY PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number: 10-8 1. Agreement Identification. 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 El Cerrito, CA 94530 3. Term. The effective date of this Agreement is April 1, 1984 and it terminates March 31, 1985,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 $35,531.42 . 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 "Certifications" • 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 iri the Final Statement of Community Development Objectives and Projected Use of Funds dated February 1, 1984, and approved by HUD on April 1, 1984 ; and as more particularly described in the "Project Work Program", attached hereto. 9. Signatures. These signatures attest the parties' agreement her to: COUNTY OF CONTRA COSTA, CALIFORNIA CONT ACTOR By: By: / Chairman, Board of Supervisors f' D I a-fe fficial Capacity in ganization) ATTEST: J. R. OLSSON, County Clerk Ronald Dgh, City Mana By6 ez � a/ �- By: l_/ sl Official Cap city Deputy in Organization) Recommen d by De artment Lucille Irish, City Cle k Note to Contr ctor: (1) If a publi agency, designate official capacity in public agency and attach a certi- By° fied copy of the governing body resolution Anyhony A. Di6haesus 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: G/-�-+-. ' ledgment form and affix corporation seal. —� Deputy (Affix Appropriate Acknowledgement Form) _.:;_ t. 1 Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1984-1985 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 10-8 Housing Conservation Provide certificate of occupancy program for rental leasing through inspection for housing code compliance and voluntary code enforcement. Smoke detector cost reimbursement is also provided to those in qualifying district requesting fire inspection, including recommendation for detector placement. 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 Certificates of Occupancy Program April 1, 1984 March 31, 1985 Smoke Detector Program April 1, 1984 March 31, 1985 C.. PROJECT GOALS Contractor shall define project objectives. 1. Inspect for Certificate of Occupancy, 1200 rental units during program year starting April 1984, averaging 300 per quarter. 2. Make 80 grants at $35 each for the smoke detectors program. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performance standards indicated (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD regulations including Equal Opportunity and Section 3 provisions, as provided in the "Guide for Compliance with Assurances and Certification Under the Housing and Community Development Act", as provided by the County Planning Department. 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 of Management and Budget (OMB) Circular A-102, attachment O 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 1344.1 - Labor Standards Administration and Enforce ment, Community Development Block Grant Program, and as provided in the Compli- ance Guide cited. 5. All construction contracts over $10,000 shall be in complaince with bid procedures contained in the Complaince Guide cited. 6. All construction contracts over $100,000 shall be in complaince with the bonding and insurance requirements contained in OMB A-102 Attachment B, and with the require- ments of the Clea Air Act and Federal Water Pollution Control Act. 7. Comply with all applicable building codes and laws in the construction work and ensure that access to the handicapped will be provided in accordance with the requirements of the "American Standard Specifications for Making Buildings and Facilities Access- ible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1971. 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 require- ments 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 Avenue El Cerrito, CA 94530 235-4310 i CITY OF EL CERRITO Page 4 A p R 11 1984 COMMUNITY DEVELOPMENT. DEPARTMENT 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 representa- tives, 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 El Cerrito ACTIVITY NUMBER: 10-8 10890 San Pablo Avenue El Cerrito, CA 94530 BUDGET PERIOD: April 1, 1984-March 31,1985 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total -$ 10. Housing Conservation Program $35,531.42 -0- ". $35,531.42 - Salary: 1 Inspector and 1 Secretary ' - Fringes - Misc. e TOTAL $35,531.42 $ -0- $35,531.42 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. CERTIFICATIONS I. 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/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. (c) That prior to submission of its final statement to HUD, the grantee/contractor has met the citizen participation requirements, prepared its final statement of com- munity development objectives and projected use of funds, and made the final statement available to the public, as required by Section 104(a)(2) Df the Housing and Community Development Act of 1974, as amended; (d) It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of Section Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (e) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight; the final statement of projected use of funds may also include activities which the grantee/contractor certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious threat to the health and welfare of the community, and other financial resources are not available; (f) Its chief executive officer or other officer of the grantee/contractor approved by HUD: (1) 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 58.5; and (2) Is authorized and consents on behalf of the grantee/contractor and himself/her- self to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official; - II. The grant will be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing regulations issued at 24 CFR Part 1; (2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issues at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and implementing regulations when published for effect; (8) The Age Discrimination Act of 1975 (Pub.L.94-1'35), as amended, and imple- menting regulations when published for effect; Certifications - Page 2 (9) 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; III. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; IV. The acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements; VI. Executive order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub.1.93-234); and VII. No member, officer or employee of the grantee/contractor, 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 process thereof, for work to be performed in connection with the program assisted under the Grant, and that is 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; VIII. It will comply with the provisions of the Hatch Act which limits the political activity of employees; IX. It will give HUD and the Comptroller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/82 i i I i 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 j 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 I 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". I , Page 4 21. Available Copies. Copies of the County's Project documents (as speci- fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues, 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 invested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction plans and specifications shall be reviewed and approved by the Contractor before construction is commenced. (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 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 judgement. 24. Project Termination. It shall be a policy of the County that any project funded in any way through the Community Development Program that is cancelled, abandoned or fails during the contract period or is otherwise completed, all remaining funds allocated shall be immediately returned to the County. Property acquired with the use of federal funds, in whole or in part, under the Community Development Program that falls to disuse, is abandoned or is no longer needed for the original intended purpose within 20 years of acquisition, will be disposed of in accordance with OMB Circular A-102, Attachment N, with prior written approval and coordination with county staff. la PAYMENT PROVISIONS 1. Pavment 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. S. 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 281 CONTRA COSTA COUNT; RESOLUTION NO. 84-19 AfR ZO 11 co 0 '�l RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO, CALIFORNIA, AUTHORIZING EXECUTION OF THE TENTH YEAR (1984-85) PROJECT AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF CONTRA COSTA TO IMPLEMENT THE HOUSING AND C014MUNITY DEVELOPMENT ACT OF 1974, AS AMENDED The City Council of the City of E1 Cerrito does resolve as follows: Section 1. The E1 Cerrito City Council approves the 1984-85 Year i Community oc, 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 E1 Cerrito City Council approves the activities and allocatto s n the 1984-85 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 1 - Year Project Agreement with the County of Contra Costa on behalf of the City of El Cerrito. Section 4. This resolution shall become effective immediately upon its passage ana 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 16th day of April , 1984, by the following vote: AYES: COUNCILMEMBER: Bacon, Howe, Lewis, Abelson NOES: COUNCILMEMBER: None ABSENT: COUNCILMEMBER: Siri IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City this 16th day of April , 1984. uct a i&-�4e-' Z/ ts City Clerk APPROVED: _ Toward P. Abelson, Mayor � TIM A TRU/E/ COPY ' EeF�ey Q$N( OF T QTY F ELCERRITO, 1AUF.