Loading...
HomeMy WebLinkAboutMINUTES - 11161982 - COB BOX 73 TO: BOARD OF SUI*VISORS FROM: Anthony A. Dehaesus Contra CostaDirector of Planning f1 DATE: CourIt)/ a SUBJECT: Approval of the First Amendment of the Eighth Year (1982-83) CDBG Program Project Agreement with the Diablo Valley Non-Profit Housing Development Corporation and A9raamantc with thin fitiac of fnnrnrri and uniniif rnnr SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1 . Authorize the Chairman to execute the First Amendment to the Eighth Year (1982-83) Community Development Program Agreement incorporating $4,313.04 from the City of Walnut Creek and $20,000 from the City of Concord through separate agreements for a new payment limit of $44,313.04, and extend the term through March 31 , 1984. BACKGROUND: The Executive Director of the newly-formed Diablo Valley Housing Corporation approached 0 County staff relative to assuming the administrative workload in consolidating their funding sources into one agreement. This action necessitates the execution of the attached agreements between the County and the Cities of Walnut Creek and Concord, which provides for the County to administer the funds . 0 CONTINUED ON ATTACHMENT: YES SIGNAT E. RECOMMENDATION OF COUNTY ADMINISTRATOR 4COM4ENDAT17 OF BOARD MMITTEE K APPROVE OTHER - SIGNATURE(S) ACTION OF BOARD ON 3 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) 1 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 N THE DATE SHOWN. CC: Planning Department ATTESTED �WU ao r l m g County Administrator J.R. OLSSON, COUNTY CLERK Auditor-Controller AND EX OFFICIO CLERK OF THE BOARD County Counsel Contractor _h�� M382/7-83 BY , DEPUTY r: t .'y e•� Uzi* ,4:f �1•t" 4 .J'y♦ 'r'- d �.c M't4�.'. - Y �_ '� '4 _ EXt RA-------------- .'T 1c1ti1 AGENDA ITEM -FOR I X--;ko,T3 NO. b Date 1 y • .;.y�l l 5 A V. CONTRACTS- A r airman; Board of Supervisors, to execute' 4 pp ove and authorize Ch agreements between county<and agencies` as ,follows " ^ � . . .. .;.•:. .., +, ' as , ,-+ < dw ... -', , � si ati > _ � TT�iry�{6.,a�Y.,,z�c��i ;.-zr ;=s yv.r ,..sF � �r r?,�: f r+V.� 1' .t'.� r r.1w. . 'x•r i'''�'"'ai,h'0 yi'S+'i,�` �" sh !Amount A enc - Purpose Td `Be-Paid Period' ,> �rAUoVALL0 NaN OZFt �� C6f G z4 Nov s�r� G ��Jcl.o PM�ar 3l?C+aNi�?NT To : + s Co R p6ftp-rtolj X113 ceiRlPuRftT� �oNBs ,� 4 >, , Till,, s"7rf � a �C.,:. vt ., _. ,.t .m� � n1 t,.!aM�q i4'�;q, {».at�.,k+v >i.;t• A }C,r.,d' ,.t�,�`r`�s}s.�, a`'' , � rt'w', ? :-t,u.., 3 Y�ro [5�_n'r'F1iW �y COloco LtT AWv .cR eK Amou nt Agency Purpose To Be Recd Periods � - m ? e,tr OF (L,4 CORO 7-6 PRO vI9c- FM .fib, vao i tt.eJ .6-30 - `f CD�NtYTo FIISIM IZ l} 13o�C /4GRetz-r1Cn1T erc r, : IJ f v 91 Co=Y-oF writwv C2� `K �� i lk Submitted by `TR y-•`�.r'r .. L .r'•,y Y' r_ Z a-..r f° '}� 4 y' �� a�, i p� '�y i:i���'t -r'�•'t .1 yam- �--5�+,� t 1 ,y"i.,i•.� b�Z. -}.: -��T t�xA .e Yi. y AMENDMENT TO PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (County and Diablo Valley Non-Profit Housing Development Corp.) (Year (1932-83) Activity #4) SECTION 1. Parties Effective on October 1, 1983 the County of Contra Costa, a political Subdivision of the State of California, hereinafter referred to as the "County", and the Diablo Valley Non--Profit Housing Development Corporation hereinafter referred to as "Contractor", hereby amend their Eighth (1982-83) Agreement entitled "PROJECT AGREEMENT CO1MMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" as follows: SECTION 2 Alteration ' I. 3. Term. The effective date of this Agreement is May 1, 1982 and it terminates March 31, 1984, unless sooner terminated as provided herein, subject to all terms, conditions, and assurances contained or incorporated herein. r - ,r 77 a: h; II. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement shall not exceed $44,313.04. i Page 2 ti PROJECT WORK PROGRAM Iv. H. CONTRACTOR"S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 4 Diablo Valley Non-Profit Housing Development Corp. BUDGET PERIOD: May 1, 1982-March 31, '1984 2150 Concord Avenue Concord, CA 94520 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total -$ 4. Diablo Valley Non-Profit $399313.10 $ -0- $399313.04 Housing Dev. Corp. - Administration - Staff Salary - Fringes/Benefits - Insurance Feasibility Study 52000.00 59000.00 e TOTAL $449313.04 $ -0- $44,313.04 Notes: (a) Detailed categories pursuant to OMB A-102. (b) Items are eligible to be funded by CDBG funds. (c) Estimate of other necessary expenditures that cannot be funded with CD monies; and indication of anticipated sources. (d) Sum of (b) and (c) above including both Community Development and non- community Development funds. (e) Contra Payment.Limit for CD project. STATE OF CALIFORNIA SS. • COUNTY OF Contra Costa On December 6, 1983 ,before me, the undersigned,a Notary Public in and for said State,personally appeared ' Sandra Lee Hardy personally known to me or proved to me on the basis of satisfactory evidence to be the Vice Chair 3OMd XXKXXXXXXXXXXXXXXXXXXXXXXXXXRR k7PRt�YI]CCPX71Td }( J(of the Corporation that executed the within Instrument, known to me to be the persons w o executtte_-dd�-thhe within nstrument on be a of a orporation therein named,and acknowledged to me that such Corporation executed the same,and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. (Seal) <�tq N OFFI QUI. SEAL - I FEF LIC - CHO NOTARY PUBLIC - CALIFORNIA CONTRA COSTA COUNTY' (Notary Public's Signature) My comm. expires DEC 23,;1983 023077 9-62* 25 PS Corporation Notarial Acknowleogment STATE OF CALIFORNIA On this 5th day of DECEMBER in the year COUNTY OF CONTRA COSTA 1983 before me T)F.RBTE DEES a Notary Public, State of California, duly commissioned and sworn,personally appeared WFT T.V M_ WTT,GnN , personally known to me(or proved to me on the basis of satisfactory evidence) pp�pgpgpp,: to be the_ CHAIRMAN of the corporation OFF 1 C I A L SEAL that executed the within instrument, and also known to me to be the DEBBIE DEES ` (OMYCOMPT OTARY PUBLIC—CALIFORNIA personwho executed the within instrument on behalf of the corpora- CONTRA COSTA COUNTYtion therein named, and acknowledged to me that such corporation executed ission ExpiFei la;t.7,1486 the same IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the C6ntra Costa County of TMe doaanwd is only a porrerm form which may be proper for use in elmple California o e date set forth bove in this certificate. traneectldn and in no way acro,or is(mended to d a nftM a for the , advice of M Conroy.The puorleher do"M make any warranty"m urea or implied b to tle ftsf vaeday of any Kovanorn x dr sunabily of dam forma in any specific treruanion. Cowdery's Form No.28—Acknowledgement No ry Public, State of California to Notary Public—Corporation(C. C.Secs. 1190-1190.1) My commission expires Jan 7 , 1986 r Page 3 SECTION 3. Reaffirmance Said October 26, 1982 Agreement, entitled "PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" except as herein-above amended shall remain in full force and effect. COUNTY OF OSTA, CALIFORNIA CONTRACTOR By: By: � �l�.y�'1 Chairman, Board of Supervisors agnate Official apacity ATTEST: J. R. OLSSON, County Clerk inOr anization) By: .l� By: - "_" . r— I Deputy Designate Official Capac y i in Organization) Recommend by Depar ent Note to Contractor: (1) If a public agency, designate official capacity in public agency and attach a certi- fied copy of the governing body resolution An ho y A. Deha s authorizing execution of this agreement. orm Approved: Cou y Counsel (2) All others: Execute acknowledgment form above, and if a corporation, designate official capacity in business, execute acknow- Ey: ledgment form and affix corporation seal. Deputy (Affix,Appropriate Acknowledgement Form) r i • ORIGINAL 1 DIABLO VALLEY HOUSING CORPORATION 2 HOUSING DEVELOPMENT AND SERVICES AGREEMENT 3 AN AGREEMENT entered into on August 22 , 1983 by and between 4 the COUNTY OF CONTRA COSTA (hereinafter "COUNTY" ) , the CITY OF 5 CONCORD (hereinafter "CITY" ) , and the DIABLO VALLEY HOUSING COR- E PORATION (hereinafter "CORPORATION" ) . 7 1 . Purpose. County and Corporation Services . This Agree- 8 ment is to provide for administration by the COUNTY of the COR- 9 PORATION, a non-profit development corporation funded jointly by 10 the COUNTY and the cities of Concord and Walnut Creek through 11 their respective Federal Community Development Block Grant Pro- 12 grams. This Agreement allows COUNTY to provide full payment to 13 the CORPORATION for services and to bill CITY for its proportion- 14 ate share of the cost . 15 The CORPORATION' s purpose is to encourage and assist in pro- 16 viding affordable housing in Concord in accordance with the Hous- 17 ing Element of the City of Concord General Plan, City Housing 18 Assistance Plan, and other approved CITY housing programs . Spe- 19 cific services to be provided by CORPORATION include but are not 20 limited to maintenance of an office, participation in density 21 bonus programs pursuant to city/developer agreements, and determ- 22 ination of the feasibility of one or more housing development 23 programs in Concord. Some portion of the funds provided under 24 this Agreement may be used for specific development programs. 25 CORPORATION shall submit Corporation Board*of Directors ' agendas 26 and bi-monthly progress reports to the CITY ' s Community Develop- 27 ment Office at the address shown under the Notice section below. 28 2 . Cooperation. Officers, agents and employees of CITY, 1 COUNTY, and CORPORATION shall give each all cooperation and as- 2 sistance necessary to perform the provisions of this Agreement . 3 CITY hereby designates its Community Development Office to coor- 4 dinate with the County Planning Department pursuant to this 5 Agreement . 6 3 . Billing and Payment . CITY shall pay COUNTY a portion of 7 the costs of operation of the CORPORATION up to a maximum of 8 $20,000 during the term of this contract. CITY ' s obligation to 9 pay forty percent ( 40%) of monthly expenses incurred by CORPORA- 10 TION under this Agreement shall not begin until such time as 11 CITY' s payments from July 2, 1982 total less than 40% of the COR- 12 PORATION' s total expenses since that date. COUNTY shall pay 13 those expenses which would be attributable to CITY until the 14 above event occurs in order to recover expenses attributable to 15 COUNTY which CITY had incurred. When the above point is reached, 16 COUNTY shall bill CITY monthly. No monthly billing of the CITY ' s 17 portion of administrative expenses shall exceed $1, 800 . CITY 18 shall pay COUNTY the amount due within thirty (30 ) days after 19 receipt of the statement . The CITY ' s portion of expenses is 20 based on an annual appropriation of Community Development funds 21 totaling $50 ,000 ; with $20 ,000 allocated by COUNTY; $20, 000 by 22 CITY; and $10,000 by the City of Walnut Creek . The CITY' s por- 23 tion does not take into account any carryover funds provided by 24 other funding agencies. Maximum total of monthly billings will 25 not be exceeded or percentage of proportionate share charged be- 26 cause of additional funds granted to CORPORATION from any source. COUNTY and CORPORATION shall maintain financial records which 27 28 clearly show the disposition of all funds received pursuant to -2- this Agreement . Such records shall be available for CITY' s audit 1 or inspection during regular business hours. 2 4 . Term and Termination. The term of this Agreement shall 3 be from August 22, 1983 to June 30 , 1984 , unless terminated by 4 thirty ( 30) days ' prior written notice served by either party 5 upon the other . Upon termination, COUNTY shall be paid all 6 amounts due for services rendered to the date of termination. 7 5 . Indemnification. COUNTY and CORPORATION shall indemni- 8 fy, defend and hold harmless CITY against and from any and all 9 claims or suits for damages arising from the performance of this 10 Agreement by either party, or arising from any breach or default 11 of any obligation of COUNTY or CORPORATION hereunder , and against 12 and from all costs, attorney' s fees, expenses and liabilities 13 related to any claim or any action or proceeding brought within 14 the scope of this indemnification. 15 6 , Arbitration. Any controversy or claim arising out of or 16 relating to this contract, or the breach thereof, shall be set- 17 tled by arbitration in accordance with the Rules of the American 18 Arbitration Association, and judgment upon the award rendered by 19 the Arbitrator ( s ) may be entered in any Court having jurisdiction 20 thereof . Any arbitration award may make the cost of the arbitra- 21 tion a charge against either or both parties, and may determine 22 and fix a reasonable attorney' s fee to be paid the successful 23 party. 24 7 . Attorney' s Fees. In the event that it becomes necessary 25 for either party to bring a lawsuit to enforce any of the provi- 26 sions of this contract, the parties agree that a court of compet- 27 ent jurisdiction may determine and fix a reasonable attorney' s 28 -3- s • 1 fee to be paid the prevailing party. 2 8 . Notice. All notices required herein shall be sent first 3 class mail to the parties as follows: To CITY: Community Development Office 4 City of Concord 1950 Parkside Drive 5 Concord, California 94519 6 Attn: Programs Director To COUNTY: Planning Department 7 Contra Costa County 8 P. 0. Box 951 Martinez, California 94553 9 To CORPORATION: Diablo Valley Housing Corporation 1990 North California, Suite 830 10 Walnut Creek , California 94596 11 12 Notices shall be deemed effectively served upon deposit in the United States mail . 13 14 9 . Amendment . This agreement may be amended, modified, or 15 changed by the parties provided that said amendment, modifica- 16 tion, or change is in writing and approved by both parties. 17 10 . Extension. This agreement may be extended for an addi- 18 tional period of time determined in writing by the parties . In 19 the absence of any modification or amendment included in the 20 written extension, the terms and conditions of this agreement 21 shall be applied to any extension. 22 11. Compliance With Laws. COUNTY and CORPORATION shall be 23 subject to and comply with all federal, state and local laws and 24 regulations applicable to its performance under this Agreement, 25 including but not limited to licensing, employment and purchasing 26 practices, and wages, hours and conditions of employment . COUNTY 27 and CORPORATION recognize the origin of these funds and make to 28 CITY all the assurances and certifications relevant to a recipi- -4- 1 ent of Block Grant Funds as set forth on the document entitled 2 Certifications, which is attached hereto and incorporated herein 3 by reference as Exhibit A. 4 12 . Entire Agreement. This agreement contains the entire 5 agreement between the parties hereto and supersedes any prior 6 Agreement(s ) . No promise, representation, warranty, or covenant 7 not included in the agreement has been or is relied on by any 8 party hereto. 9 IN WITNESS WHEREOF, the parties have executed this agreement 10 the day and year first above written. 11 DATED: DEC 201983 COUNTY 0 A COSTA 12 By 13 Chairman, Board of Supervisors 14 ATTEST: J, R. OLSSON 15 BY � County Clerk 16 17 DATED: �'�� C�j' DIABLO VALLEY HOUSING CORPORATION, a California non-profit �fcorporation 18 l BY 19 20 DATED: CITY OF CONCORD, a municipal 21 corporation 22 BY Xoj I 23 Mayor - 24 ATTEST: 25 B City Clerk 26 APPROVED AS TO FORM: 27 / 4xc i Lit 7 _----/_ Attorney ; Y 1 FINANCE DIRECTOR' S CERTIFICATION: CONCORD, CA. DATE: ZcPTfm3e.2 Ilo 1983 2 I HEREBY CERTIFY THAT ADEQUATE PRO- VISION EXISTS AS INDICATED IN THE 3 CITY BUDGET, BY EITHER TAX LEVY OR OTHER SOURCES TO BE RECEIVED DURING 4 THE CURRENT FISCAL YEAR 19 8:3/g�, TO PAY THE ANTICIPATED EXPENSES TO 5 BE INCURRED DURING SAID FISCAL YEAR, PURSUANT TO THIS CONTRACT. TO WIT: 6 THE SUM OF $ 7 FINANCE DIRECTOR' S SIGNATURE g 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6- COMMUNITY DEVELOPMENT PROGRAM HOUSING DEVELOPMENT ASSISTANCE AGREEMENT 1. Parties. Effective August 16, 1983 , the COUNTY OF CONTRA COSTA, (hereinafter "COUNTY") , and the CITY OF- WALNUT CREEK, (hereinafter "CITY") , mutually agree and promise -as follows: 2, Purpose. The purposeof the agreement is to .allow the COUNTY to pro vide full payment to the Diablo Valley Housing Corporation, hereinafter "CORPORATION", for the cost of providing housing development assistance, and to bill the CITY for a proportionate share of the cost. The CORPORATION is under separate contract to COUNTY and CITY and provides assistance as an activity of the Cmimunity Development Block Grant Program. 3. Cooperation. Officers, agents., and employees of CITY and COUNTY shall give each all cooperation and assistance necessary to perform the provisions of the Agreement. CITY hereby designates its Community Development Department to coordinate with the COUNTY Planning Department pursuant to this agreement. 4. Billing and Payment. CITY shall pay COUNTY a portion of the costs of operation of the CORPORATION up to a maximum.of $4,313.04 during the term of this contract. CITY shall begin to pay twenty percent (20%) of monthly ex- penses incurred by CORPORATION under this agreement at such .time as CITY has paid less than 20% of the CORPORATION'S total expenses since July 1, 1982. When this point is reached, COUNTY shall bill CITY monthly. CITY shall pay COUNTY the amount due within thirty (30) days after receipt of the statement. pg 2, • Housing Development Assistance Agreement (contd.) 5. Term and TPrmanation. This Agreement will remain in force through June 30, 1984 unless terminated by Thirty (30) days' prior written notice served by either party upon the other. Upon termination, COUNTY shall be paid all amounts due .for services rendered to the date of termination. City of Walnut Creek, Contra Costa A Municipal Corporation By: A ,;�,., r By: MAYO Chair, Board of Supervisors J, ATTEST: ATTEST; R. OLSSON r By. &Zjt,1& �?z By: CITY CLERK COUNTY CLERK APPROVED AS TO FORM: APPROVED AS TO FORM: CITY ATTORNEY COUNTY COUN EL T— CF/cf THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA January 25 , 1983 Adopted this Order on -, .by the following vote: AYES: Supervisors Powers , Fanden, McPeak , Torlakson, Schroder . NOES: None . ABSENT: None . ABSTAIN: None . SUBJECT: Authorization for Execution of Amendments and Reallocation of Certain Community Development Funds. The Board having heard the recommendations of the Director of Planning that it approve the items shown on Attachment "B" in order to expedite completion of these activities and approve the execution of the amendments with the City of Pinole and the Carquinez Coalition; IT IS BY THE BOARD ORDERED that the above recommendations are approved and that its Chairman is authorized to execute said amendments when they become available for execution. 1 hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supery rs on the date shown. ATTESTED: S �9 J.R. OLSSON, COUNTY CLERK and ex officio Clerk of the Board By Deputy Orig. Dept.: Planning CC: County Administrator Auditor-Controller County Counsel Contractors Attachment B �wkv , 4, ✓ ♦r e � N �' O ry �{ r o t4 t✓p r •rt'ri �b� � o � ` � '� °� too w�•^ w�.o � o .� ` n�•� w .Gw` � ? �o� y p� .cn r0^ coo o P'„ °Nt n rn co ..� :° coo �� � �+ •c.� �.,ro co w y ? °• °� bo rpQ r��� rte. O p1 ✓ W M W h p 00 O w �. 3 14 am- .� O N W O N pO aN , �O O N n O Ort �� ~ �G ? O• N tJ ',� �• O ✓� O O- Cn QO O nm n,p. h•� � 17 dQ " Wr N v (w'1 0 2 54 7h "3N n ON ✓ N N O h O O g O• N � N '2 d° � •• O W O k 021 rt 2 . +� 'y N b •O O ^ s O () h ^S w O O GO a � .a ocoac'° coo �cn o d rOi, n O d �h.• O 04S m Oti O N �OO W W 0 •o N r* y..� ✓ n w AMENDMENT TO PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (County and CARQUINEZ Coalition) (Eighth Year (1982-83 )Activity #27) SECTION 1. Parties Effective on 2-8-83 the County of Contra Costa, a political Subdivision of the State of California, hereinafter referred to as the "County", and the Carquinez Coalition hereinafter referred to as "Contractor", hereby amend their July 20, 1982 Agreement entitled "PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" as follows: SECTION 2. Alteration I. "4. Allocation Payment Limit County's total payments to Contractor under this Agreement shall not exceed $187,248.14. a. Y • .I PROJECT WORK PROGRAM H. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: Carquinez Coalition ACTIVITY NUMBER: 27 199 Parker Avenue Rodeo, CA 94572 BUDGET PERIOD: June 1, 1982-March 31, 1983 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total -$ 27. REHAB. DAY CARE CENTER $1873248.14 -0- $187,248.14 - Architect - Bid, plans, specifications - Permits, fees - Advertisement - Inspection - Construction - Administration TOTAL $187,248.14 (e) -0- $1879248.14 Notes: (a) Detailed categories pursuant to OMB A-102. (b) Items are eligible to be funded by CDBG funds. (c) Estimate of other necessary expenditures that cannot be funded with CD monies; and indication of anticipated sources. (d) Sum of (b) and (c) above including both Community Development and non- community Development funds. (e) Contra Payment Limit for CD project. • SECTION 3. Reaffirmance Said July 20, 1982 Agreement, entitled "PROJECT AGREEMENT COMMUNITY DEVELOP- MENT BLOCK GRANT PROGRAM" except as herein-above amended shall remain in full force and effect. COUNTY OF CALIFORNIA CONTRACTOR By KBy,,, U4y Pres. Chairman, Board of Supervise (Designate Official Capacity in Organization) ATTEST: J. R. OLSSON, County Clerk By ByA /1 Deputy Desi nate Official Capacity in Organization) Recomm ded by fartment Note to Contractor: 1) If a public agency, designate official capacity in public y agency and attach a certified copy of the e iee, A thony A. ehaesus governing body resolution authorizing the irector f Planning . execution of this agreement. 2) All others: Execute acknowledgement form above, and if a corporation,designate _ Form Approval: County Counsel official capacity in business, execute acknowledgement form and affix corpor- ation seal. By D y (Affix appropriate acknowledgement form) _--_",E:lsw #49 SPA 7R, CO&Arry o C44Ilpo 4 1 OF LZF'o RlNZA On this —;74th AVsti� \� day OF Feb F• C%yoc "1 gw si Regan rUarY C�'ar an°rsWo a in thOtare eap o e j reg and Mlhn j, ppea ed jy bllc Smote ofLbefor e r W tfo AOFF► .� that executed deAt a1}dedF, meont alker +ta, kOhlRrSol1!F�+ S person g tJte Withi irat basis Dth rC "N JR tion th Who ex n instrutne ice '9ati9jfa o a �J " 1 COUIl oRNiq the sa r°tn named e�Wed the W nt, and als .. e oPt er1 to vidence) lite and tthi o kn a co *Of. "n",�rmmr� �V� 79� IN acltt!0Wled n tn9t�ntent °Wn to me rpovation cu "" ai."°•^ f�Y •a. . Y of} WlTtyhSS ged toe that °n behalf to be the .41Ayq pMGypr b pWisr/pr uft in drys Fob 2w. Ma�4myetw b, lei�lSe$fink'NEfjEO� I h at such corporatf the CO�Ora public C 8ti knowl�fe w �v b ave hereunto se On execute°? rAo ".^� t my h Secs. 119p-119p.1 O the d co u °f aC and axed rth bo on t a ANfy cOm f ssf On expires O I'°blic, staten this cert:"ca e O8 to ofCalifortti a THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 1982 Adopted this Order on November 16 , , by the following vote: AYES: Supervisors Powers , Fanden, Torlakson, Schroder NOES: None . ABSENT: Supervisor McPeak. ABSTAIN: None . SUBJECT: Approval of the First Amendment to the Eighth Year (1982-83) Community Development Block Grant Program with Bi-Bett Corporation. Original Agreement Approved July 13, 1982. The Board having heard the recommendation of the Director of Planning that it approve the first amendment to the Community Development program project agreement with Bi-Bett Corporation incorporating $17,000 from eighth year con- tingency thereby increasing the payment limit from $40,000 to $57,000, to further the intent of the Community Development Act of 1974, as amended; IT IS BY THE BOARD ORDERED that the above recommendation is approved and that its Chair is authorized to execute said agreement. I hereby certify that this is a tcue and correct copy of an action taken and entered on the minutes of the Board of Supervi on the date shown. ATTESTED: I FJ L— J.R. OLSSON, COUNTY CLERK andexofficio _Cllerrk.of the Board By V ' �.L�J , Deputy Orig. Dept.: Planning cc: County Administrator Auditor-Controller County Counsel Contractor t AMENDMENT TO PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (County and Bi-Bett Corporation) (Eight Year (1982-83) Activity 416) SECTION 1. Parties Effective on November 9, 1982 the County of Contra Costa, a political Subdivision of the State of California, hereinafter referred to as the "County", and Bi-Bett Corporation hereinafter referred to as "Contractor", hereby amend their June 24, 1982 Agreement entitled "PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" as follows: SECTION 2. Alteration 4. Allocation Payment Limit. County's total payments to contractor under this agreement shall not exceed $57,000. Page 2 PROJECT WORK PROGRAM G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: . 16 Bi-Bett Corporation BUDGET PERIOD: June 1, 1982 - December 30, 1982 1260-A Monument Blvd. _ Concord, CA 94524 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ = Total - 16. REHABILITATION OF GROUP RESIDENCE $ 57,000 -0- $ 57,000 - Architect - Design/Specifications - Bid Package - Advertise - Building Materials - Construction (e) TOTAL $ 579000 $ -0- $ 579000 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. I STATE OF CALIFORry�A ISS. COUNTYOF LOntra Costa d Ort. ,�(,.}[. pn�1-i�^ 3 j $`� ,before me,the undersigned,a Notary Public in and for said State,personally appeared John 14. Kerr and U _ 4) David E Brown personally known to me(or proved to me on the E basis of satisfactory evidence)to be the persons who executed the within instrument as ii E President and EX. Di rector S M&6Non behalf of o 00 - d O the corporation thereinnamed,-and acknowledged to me that �nnnninn10111111111mu1nm1111nlnunmm�� n *� such corporation executed the within instrument pursuant to its M - OFFICIAL.SEAL p CYN1"HLA A. CLANCY by Or a resolut' of its board of directors_. ..- - C.c+ n,ornar ���)r.i.ic c+n�'.FoanaA 4. COUNTY OF CONTRA COSTA WITNESS my nd. d offii" eal. Mr camm�:zmn Expires March I6,1984 , /IBIIUIIIIIIIIIMy Commission Expire March 16,11111111 O' r rr)� Signature (This area for official notarial seap - - NTHIA A. CLANCY Page 3 SECTION 3. Reaffirmance Said June 24, 1982 Agreement, entitled "PROJECT AGREEMENT COMMUNITY DEVELOP- MENT BLOCK GRANT PROGRAM" except as herein-above amended shall remain in full force and effect. COUNTY OF STA, CALIFORNIA CONTRACTOR ' Chairman, Board c Supervisors (Design ficial Capacity in Organization) ATTEST: J. R. OLSSON, County Clerk By - —��q'i— sL�'Lll� Y Deputy - / ( s g to icial Capa ity in Organization) Recommende by Depat nt Note to Contractor: 1) If a public agency, -7-k oe designate official capacity in public agen- By cy and attach a certified copy of the De ig ee, A ony A. aesus governing body resolution authorizing ex- Directo of Planning ecution of this agreement. 2) All others: Execute acknowledgment form above, and if a corporation, desig- Form Approval: County Counsel nate official capacity in business, execute acknowledgment form and affix cor- poration seal. By 101 epu y (Affix appropriate acknowledgment form) � i • .ONE CAVn_ v 1 m W � O v $f C4NNOT OO BI-SETT CORPORATION Community Alcoholism Recovery Programs 1260-A MONUMENT BLVD. CONCORD,CA 94520 (415)798-7250 P.O.BOX 5487,CONCORD,CA 94524 DATE: October 29, 1982 SUBJECT: Resolution/Contra Costa County Community Development Grant, Project Agreement 1982-83 Be it resolved that the Board of Trustees of Bi-Bett Corporation does hereby approve the First Amendment to the 1982-83 Community Development Grant Project with Contra Costa County to implement Project #16 - Diablo Valley Ranch, Bunkhouse building repair and remodeling - in the amount of $57,000 pursuant to the Housing and Community Development Act of 1974 as amended. Be it further resolved that the Board of Trustees of Bi-Rett Corporation, do hereby approve and authorize David E. Brown, Executive Director and Jack Kerr, President of the Board of Trustees, to execute the 1982-83 Project Agreement for the Community Development Block Grant Program with the County of Contra Costa on behalf of Bi-Bett Corporation. I , hereby certify that the above resolution has been duly adopted by the Board of Trustees of Bi-Bett Corporation, on October 29, 1982. �AYE'S: 13 �_ NO'S: -O- John W;.' Kerr, Pres-iden ABSTENTIOPJ: -0- i E Brow Execu ive Di ec or i A CALIFORNIA NON-PROFIT ORGANIZATION i • 1, 37 CONTRA COSTA COUNTY PLANNING DEPARTMENT 19182 TO: M. G. Wingett DATE: November 2,1982. ..- County Administrato FROM:` Anthony A. Dehaesu SUBJECT: First Amendment, Eighth Year Director of Planni (1982-83) CDBG Program, Bi- �' Bett Corporation Attached please find five copies of the first amendment to the Eighth Year (1982-83) Community Development Block Grant Program project agreement with Bi-Bett Corporation. This amendment increases the old payment limit of $40,000 to $57,000 with the incorporation of $17,000 from eighth year contingency. The transfer of $17,000 from contingency to this project was approved by the Board 26 October 1982 in order to cover a shortfall in funding for this project. This amendment has been approved by the Bi-Bett Corporation Board of Directors and County Counsel 's Office. Please place this item on the agenda for the next Board meeting. AAD:gg cc: County Counsel Auditor-Controller __�.-.._.�..,�,.,�,._.....�®_.rig....,. n RECEIVED y (:GVJ6 1982 u J ,. ���SON .i t RD OF S ERVISGR3 d C CO epul, i • *SONE CAN -V a S, v ' �fCANNOT DO BI-BETT CORPORATION Community Alcoholism Recovery Programs 1260-A MONUMENT BLVD. CONCORD,CA 94520 (415)798-7250 - P.O.BOX 5487,CONCORD,CA 94524 DATE: October 29, 1982 SUBJECT: Resolution/Contra Costa County Community Development Grant, Project Agreement 1982-83 Be it resolved that the Board of Trustees of Bi-Bett Corporation does hereby approve the First Amendment to the 1982-83 Community Development Grant Project with Contra Costa County to implement Project #16 - Diablo Valley Ranch, Bunkhouse building repair and remodeling - in the amount of $57,000 pursuant to the Housing and Community Development Act of 1974 as amended. Be it further resolved that the Board of Trustees of Bi-Bett Corporation, do hereby approve and authorize David E. Brown, Executive Director and Jack Kerr, President of the Board of Trustees, to execute the 1982-83 Project Agreement for the Community Development Block Grant Program with the County of Contra Costa on behalf of Bi-Bett Corporation. I, hereby certify that the above resolution has been duly adopted by the Board of Trustees of Bi-Bett Corporation, on October 29, 1982. AYE'S: 13 �� NO'S: -0- dohn -. Kerr, Presi.den ABSTENTION: -0- i E row Execu ive i ec or A CALIFORNIA NON-PROFIT ORGANIZATION THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October . 26 , 1982 , by the following vote: AYES: Supervisors Pov,ers , Fanden, Schroder , Torlakson, McPeak. NOES: None . ABSENT: None . ABSTAIN: None . SUBJECT: CDBG CONTINGENCY FUND ALLOCATIONS The Director of Planning having recommended that the recommendation of the Housing and Community Development Advisory Committee be aprroved including: 1 ) Bi-Rett Corporation-Group Residence Rehabilitation increase by $17,000 to meet bid cost; 2) Community Services Department-Weatherization Program increase by $20,000 to continue operation through December, 1982. '- TT IS BY THE BOARD ORDERED that the recorn endation of the Director of Planning is APPROVED . I hereby certify that this Is a true and correct copy of an action taken and entered on the minute3 of the Board of Supervise seoonn trio date shown. Lj ATTESTE J.R. OLS ON, COUNTY CLERK and ex officio Cierk of the Board By Deputy Orig. Dept.: cc: County Adtrinistrator Auditor-Controller Planning Coru^unity Services Housing and Community Development Advisory Committee/via Planning Bi-Bett Cornoration /via Planning THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA October 26 , 1982 Adopted this Order on by the following vote: AYES: Supervisors Powers , Panden, Schroder , Torlakson, McPeak. NOES: None . ABSENT: None . ABSTAIN: None . SUBJECT: Approval of Project Agreement with Diablo Valley Non-Profit Housing Development Corporation, Eighth Year (1982-83) Community Development Block Grant Program (CDBG) The Board having heard the recommendation of the Director of Planning that it approve the Eighth Year (1982-83) CDBG Agreement, with a payment limit of $20,000, with the Diablo Valley Non-Profit Housing Development Corporation implementing Activity #4-Housing Development Assistance Non-Profit Corporation Formation; IT IS BY THE BOARD ORDERED that the above recommendation is approved and that its Chair is authorized to execute said agreement. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors o the date shavin. ATTESTED: J.R. OLSSOiN, COUNTY CLERK and ex officio Clerk of the Board By ; Deputy Orig: Dept.: Planning cc: County Administrator Auditor-Controller County Counsel Contractor STATE OF CALIFORNIA On this 30th day of september in the year one COUNTY OF ['antra Costa thousand nine hundred and eighty–two , before me, Kelly M. Wilson a Notary Public, State of California, duly commissioned and sworn, personally appeared Clinton A. Tubbs, chair & Sandra Lee Hardy, Secretary �eaaaeeeeeoeaaaannaoaaenuteaeaeeaaaaeseeaeeeeeacaaoenp known to me to be the persona whose name s OFFICIAL SEAL subscribed to the within instrument and acknowledged to me KELLY MARTIN WILSON e p�3 NOTARY PUBLIC-CALIFORNIAthat_Lhey-_executed the same. e COUNTY OFCONTRAC ,Z My Commission Expires July 13,3, 1984 IN WITNESS WHEREOF I have hereunto set my hand and affixed 19 �auaunauntueuaeeauaoauaetaaauaaoauncauoenni my official seal in the City of Concordo. County of coatr0_00sra the day and year in this certificate first above written. This tlocument is only a general form which maybe proper for use in simple transactions and in no way acts,or is intended to act,es a substitute for the advice of an attorney. Otafy Public, State Of COI{fOfniO The publisher does not make any warranty,either express or implied as to the legal validity of any provision or the suitability of these forms in any specific transaction. f My commission expires Cuwdery's Form No. 32—Acknowledgement—General(C. C. Sec. 1190a) _ PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1. Agreement Identification. Number 4 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: Diablo Valley Non-Profit Housing Development Address: Corporation 2150 Concord Avenue Concord, CA 94520 3. Term. The effective date of this Agreement is May 1, 1982 and it terminates March 31, 1983, unless sooner terminated as provided herein, subject to all terms, conditions, and assurances contained or incorporated herein. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement shall not exceed $20,000. 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 "Assurances", attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Community Development Block Grant Program Application dated February 2, 1982 and approved by HUD on April 5, 1982; and as more particularly described in the "Project Work Program", attached hereto. 9. Signatures. . These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By: k lz��2=0_Z�t d" Chairman, Board of Supervisors (Designate Offici 1 Capacity in Organization) ATTEST: J. R. OLSSON, County Clerk By: (Designate Official Ca.pa ity Deputy ; in Organization) Recomm ded De " ment Note to Contractor: 1 (1) If a public agency, designate official capacity in public agency and attach a certi- By° fied copy of the governing body resolution Ant ny A. Dehaesus authorizing execution of this agreement. Form Approved: County Counsel (2) All others: Execute acknowledgmerr ,t r form above, and if a corporation, designat(T: official capacity in business, execute acknow- gy; °� � ledgment form and affix corporation seal. a�„rIle, 1.001,u y (Affix Appropriate Acknowledgement Form) j ASSURANCES/CERTIFICATIONS The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally assisted program. Also, the grantee gives assurances and certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission and to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and and authorizing the person identified as the official represen- tative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. 3. That prior to submission of its final statement to HUD, the grantee has met the citizen participation requirements, prepared its final statement of community development objectives and projected use of funds, and made the final statement available to the public, as required by section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; 4. It is following a current housing assistance plan which has been approved by HUD And which meets the requirements of section 104(c)(1) of the Housing and Community Development Act of 1974, as amended. 5. Its chief executive officer and other officer of the grantee approved by HUD: (a) Consents to assume the status of a responsible Federal official under the National Environmental policy Act of 1969 and other authorities as specified in 24 CFR 58.1(a)(3); (b) Is authorized and consents on behalf of the grantee and himself/herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his-her responsibilities as such an official; and 6. The grant will be conducted and administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations issued at 24 CFR Part 1; (b) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, and implementing regulations; (c) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto (24 CFR Section 570.601); (d) Section 3 of the housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135; (e) Executive Order 11246, as amended by Executive Orders 11375 and 12086 and implementing regulations issued at 41 CFR Chapter 60; (f) Executive Order 11063 as amended by Executive Order 12259 and imple- menting regulations at 24 CFR Part 107; (g) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended and implementing regulations when published for effect; (h) The Age Discrimination Act of 1975, as amended, (Pub. L. 94-135) and implementing regulations when published for effect; (i) The labor standards requirements as set forth in 24 CFR 9 570.605 and HUD regulations issued to implement such reuirements; (j) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution; (K) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; Page 2 7. No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; 8. It will comply with the provisions of the Hatch Act which limits the political activity of employees; 9. It will give HUD and the Controller General or any authorized representatives access to and the right to examine all records, books, papers, or documents relai:0�1 to the grant; 10. It will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations at 24 CFR Part 42 and Section 570.602 apply to any acquisition of real property by the contractor that is carried out for an activity assisted under this Part and to the displacement of any family, individual, business, non-profit organization or farm that results from such acquisition. 11. It will comply with the lead based paint requirements of 24 CFR Part 5 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) 12. It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under 24 CFR 570 to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by , the Physically Handicapped," Number A-117. 1-R 1971, subject to the exceptions contained in 41 CFR 101-19.604. The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 13. It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order_ 11593, and the Preservation of Archeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et. seq.) by: (a) Consulting with the State Historic Preservation Officer to identify pro- perties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the proposed activity, and (b) Complying with all requirements established by HUD to avoid or mitigate adverse effects upon such properties. 14. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 03-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the. purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 15. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. SE:jal/la GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows: (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. Page 2 • • 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially change the Payment Provisions or the Project Work Program. (c) Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an extension of time for performance, beyond that time specified above under "Term" (Paragraph 3). Any such extension must be in writing and shall be at the sole discretion of the County. 9. Disputes. Disagreements between the County and Contractor concerning the meaining, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the Federal Government. 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the law of the State of California. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement. The original copy of this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". Page 3 • • 17. Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No person will publish or disclose or permit or cause to be pulbished or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by alw may be guilty of a misdemeanor. 18. Indemnification. (a) Contractor hereby waives all claims and recourse against the County including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of County, its officers, agents and employees. (b) The Contractor shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, construction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liability Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. Page 4 21. Available Copies. Copies of the County's Project documents (as specified in Paragraph 8, Project, of this Agreement), and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly vested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction of plans and speci- fications shall be reviewed and approved by the Contractor before construction is com- menced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such real property shall be determined in accordance with the requirements contained in Department of Housing and urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment. SE:jal/la PAYMENT PROVISIONS 1. Payment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to Countya cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. Page 2 The Contractor- shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph .7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contactor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or. Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions; to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jal/la 3/16/82 ' Page 2 • EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1982-1983 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 4. The Diablo Valley Non-Profit Housing Development Corporation, when fully oper- ational, will endeavor to serve the critical housing needs of lower income households* in Central Contra Costa County in a number of ways (but not limited to): 1. Facilitate the construction of lower income housing by: a. acting as developer b. securing low interest monies for financing C. assisting development proposals through local processing procedures d. assisting in property management e. structuring innovative methods to produce and preserve lower cost housing, such as limited equity cooperatives or limited partnerships to preserve rental units 2. Providing technical assistance to organizations in Central Contra Costa inter- ested in building lower income housing. 3. Developing and implementing a self-help housing program. 4. Rehabilitation of deteriorating housing stock. * Lower income households are defined as households with incomes of 80% of the County median income or less. B. PROJECT TIME SCHEDULE Time Schedule on a month-by-month basis for the above Project indicating when major activity items.are expected to be undertaken and completed. Work Item Start Date Completion Date 1. Establish seven (7) members of the initial Board of Directors May, 1982 June 1, 1982 2. Establish the remaining 7-8 members of the Board of Directors May, 1982 July 1, 1982 3. Establish office and necessary support staff May, 1982 Sept. 30, 1982 4. Recruit pool of technical resources and advisors May, 1982 On-going 5. Establish fund-raising effort May, 1982 On-going 6. Establish a credibility and public relations campaign May, 1982 On-going 7. Investigate and initiate the first lower income housing project May, 1982 Dec. 31, 1982 8. Conduct additional feasibility and concept studies of lower income housing May, 1982 On-going developments C. PROJECT GOALS Contractor shall define project objectives. Project goals will vary depending upon the type of project. Establish an active, viable non-profit housing development corporation which is sensitive to the critical housing needs of the citizens of Central Contra Costa County.- and initiate initial feasibility and concept studies to providing lower income housing which are not available to the traditional development sector. Page 3 • PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS _ Contractor should indicate, where applicable, what performance standards (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, the Contractor shall comply with all applicable provisions contained in the County's "Guide for Compliance with Assurances and Certifications Under the Housing and Community Development Act." 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the Contractror shall comply with the provisions of and 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, attachement O and any other applicable HUD regulations. 4. Shall at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 5. The contractor shall submit bi-monthly progress reports to the County Planning Department addressing the work items listed in Item B. PROJECT TIME SCHEDULE of this agreement. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program Clinton A. Tubbs, Chairman Diablo Valley Non-Profit Housing Development Corporation 2150 Concord Blvd. Concord, CA 94520 (415) 680-8171 #DV Page 4 . t • 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 bi-monthly Progress Reports to the County Planning Department, G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 4 BUDGET PERIOD: May 1, 1982 - March 31, 1982 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ = Total - $ 4. DIABLO VALLEY'' NON-PROFIT 20;000 20,000 HOUSING DEV. CORP, Administration 15,000 15,000 - Staff-Salary - Fringes/Benefits - Insurance Feasibility Study 5,000 5,000 30,000* *$10,000 from City of Walnut Creek and $20,000 from City of Concord (e TOTAL $20,000 $30,000 $50,000 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. RESOLUTION #82/83-1 The Board of Directors of the Diablo Valley Non-Profit Housing Development Corporation hereby resolves that: 1. The Board approves the 1982-83 Year Community Development Block Grant Program Project Agreement with the County of Contra Costa for Activity #4--Housing Development Assistance Non-Profit Corporation Formation--pursuant to the Housing and Community Development Act of 1974 as amended in the amount of $20,000 . 2 . The Chair of the Board, Clinton A. Tubbs, and the Secre- tary of the Board, Sandra Lee Hardy, are hereby authorized to execute the above-mentioned agreement on behalf of the Diablo Valley Non-Profit Housing Development Corporation. Dated: September 20, 1982 . �� CLINTON A. UB S, CHAIR SANDRA LEE HARDY, SECRETARY WE HEREBY CERTIFY that the above resolution was duly adopted by the Board of Directors of the Diablo Valley Non-Profit Housing Development Corporation at a regular meeting held on September 13, 1982 . 0 �- CLINTON A. TUBBS, CHAIR SANDRA LEE HARDY, SEC ARY CONTRA COSTA COUNTY PLANNING DEPARTMENT TO: M. G. Wingett DATE: October 8, 1982 County Administrate' $' 'Eighth"`Year (1982= x / Zo THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA July 20 , 1982 Adopted this Order on by the following vote: AYES: Supervisors Powers , Fanden, Schroder , Torlakson, McPeak. NOES: N6ne . ABSENT: None. ABSTAIN:None. SUBJECT: Approval of Eighth Year (1982-83) Community Development Block Grant Program Project Agreement with the Carquinez Coalition. The Board having heard the recommendation of the Director of Planning that it approve the Eighth Year (1982-83) Community Development Program Project Agree- ment with the Carquinez Coaliton implementing Activity 427 - Rehabilitation of Day Care Center, with a payment limit of $179,002.14 comprised of $100,000 from the Eighth Year allocation and $79,002.14 carryover from Seventh Year Activity 147 - Rodeo Child Care Center; IT IS BY THE BOARD ORDERED that the above recommendation is approved and that its Chair is authorizied to execute said agreement. I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors oA jpe date shown. ATTESTED: ,(JL J.R. OLSSON, COUNTY CLERK and ex otf lo Clerk of the Board By , Deputy Q• �ttfh®wg Orig. Dept.: Planning cc: County Administrator Auditor-Controller County Counsel Contractor CG STATE OF CALIFORNIA On this STU day of June in the year one COUNTY OF COUT.FA COSTA thousand nine hundred and vi rbt m;, before me, '`uptin P. ^eg3n,- =. a Notary Public, State of California, duly commissioned and sworn, personally appeared MhXKKKKXXXXXM[ Ran* ata Rim^^tacebi and d1eo D. Cowart known to me to be the person whose name are subscribed to the within instrument and acknowledged to me '. that_+-hey—executed the same. t IN WITNESS WHEREOF I have hereunto set my hand andaffixed my official seal in the st;te 9g Gay 1�er�3i3 County of Contra Conta the day and year in this certificate first above written. This document is only a general Corm which maybe proper for use in simple transactions C and in noway acts,Or is intended to act•as a substitute for the advice Of an attorney, a The-publisher does not make any warranty,either express or implied as to the legal W�cjjj VVjp validity of any provision or the suitability of these forms in any specific transaction. nN F iC.7JRMy commission eCowdery's Form No. 32—Acknowledgement— General (C. C. Sec. 1190a) CD3`*awa VVM PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1. Agreement Identification. Number27 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: Carquinez Coalition Address: 199 Parker Avenue Rodeo, CA 94572 3. Term. The effective date of this Agreement is May 1.1982 . and terminate:; March 31.. 1983 , unless sooner terminated as provided herein, subject to s.Ck terms, conditions, and assurances contained or incorporated herein. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement shall not exceed $ 179,002. 14 5. County's Obligations. County shall make those allocation payments to the contractor described in thcz "Payment Provisions" attached hereto which are incorporated herein by reference, . subject to all terms, conditions, and assurances contained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the "General Conditions" and the "Assurances" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Community Development Block Grant Program Application dated February 2, 1982, and approved by HUD on April 5, 1982 ; and as more particularly described in the "Project Work Program", attached hereto. 9. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By: Z By: uL Chair, Board of Superviso Designate Official Capacity ATTEST: J. R. OLSSON, County Clerk in Organization) By: y By: D put, Designate Official Capacity in Organization) Recommend0d by Dep ment / Note to Contractor: (1) If a public agency, designate official By: capacity in public agency and attach a certi- / d Anthony A. De esus fied copy of the governing body resolution l� u authorizing execution of this agreement. p Form Approved: County Counsel (2) All others: Execute acknowledgment form above, and if a corporation, designate r official capacity in business, execute acknow- By: ledgment form and affix corporation seal. e y (Affix Appropriate co 3cm SAL cknowledgement Form) D#8 !k vn. .err._• R77:cr+n:expIre s. ":w 1,t,i1nos. 6' ASSURANCES/CERTIFICATIONS The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally assisted program. Also, the grantee gives assurances and certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission and to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing .and and authorizing the person identified as the official represen- tative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. 3. That prior to submission of its final statement to HUD, the grantee has met the citizen participation requirements, prepared its final statement of community development objectives and projected use of funds, and made the final statement available to the public, as required by section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; 4. It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of section 104(c)(1) of the Housing and Community Development Act of 1974, as amended. 5. Its chief executive officer and other officer of the grantee approved by HUD: (a) Consents to assume the status of a responsible Federal official udder the National Environmental policy Act of 1969 and other authorities as specified in 24 CFR 58.1(a)(3); (b) Is authorized and consents on behalf of the grantee and himself/herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his-her responsibilities as such an official; and 6. The grant will be conducted and administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations issued at 24 CFR Part 1; (b) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, and implementing regulations; (c) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto (24 CFR Section 570.601); (d) Section 3 of the housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135; (e) Executive Order 11246, as amended by Executive Orders 11375 and 12086 and implementing regulations issued at 41 CFR Chapter 60; (f) Executive Order 11063 as amended by Executive Order 12259 and imple- menting regulations at 24 CFR Part 107; (g) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended and implementing regulations when published for effect; (h) The Age Discrimination Act of 1975, as amended, (Pub. L. 94-135) and implementing regulations when published for effect; (i) The labor standards requirements as set forth in 24 CFR 9 570.605 and HUD regulations issued to implement such reuirements; (j) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution; (K) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; Page 2 7. No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; 8. It will comply with the provisions of the Hatch Act which limits the political activity of employees; 9. It will give HUD and the Controller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; 10. It will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations at 24 CFR Part 42 and Section 570.602 apply to any acquisition of real property by the contractor that is carried out for an activity assisted under this Part and to the displacement of any family, individual, business, non-profit organization or farm that results from such Acquisition. 11. It will comply with the lead based paint requirements of 24 CFR Part 5 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) 12. It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under 24 CFR 570 to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by , the Physically Handicapped," Number A-117. 1-11 1971, subject to the exceptions contained in 41 CFR 101-19.604. The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 13. It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of Archeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et. seq.) by: (a) Consulting with the State Historic Preservation Officer to identify pro- perties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the proposed activity, and (b) Complying with all requirements established by HUD to avoid or mitigate adverse effects upon such properties. 14. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 03-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 15. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. SE:jal/la GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows: (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. Page 2 • . 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially change the Payment Provisions or the Project Work Program. (c) Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an extension of Cinie for performance, beyond that time specified above under "Term" (Paragraph 3). Any such extension must be in writing and shall be at the sole discretion of the County. 9. Disputes. Disagreements between the County and Contractor concerning the meaining, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the Federal Government. 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the law of the State of California. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement. The original copy of this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". Page 3 • 17. Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No person will publish or disclose or permit or cause to be pulbished or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by alw may be guilty of a misdemeanor. 18. Indemnification. (a) Contractor hereby waives all claims and recourse against the County including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of County, its officers, agents and employees. (b) The Contractor shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, construction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liability Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. Page 4 21. Available Copies. Copies of the County's Project documents (as specified in Paragraph 8, Project, of this Agreement), and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly vested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction of plans and speci- fications shall be reviewed and approved by the Contractor before construction is com- menced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such real property shall be determined in accordance with the requirements contained in Department of Housing and urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment. SE:jal/la PAYMENT PROVISIONS 1. Payment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the `Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be .revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. Page 2 The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contactor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jal/la 3/16/82 _ Page 2 � • EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1982-1983 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 27. Rehabilitation of Day Care Center. Renovation of existing church building for use as a child development day care center to include both interior and exterior improvements. 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 Contract with Architect May 1982 Development Plans/Specifications June 1982 June 1982 .Review Plans/Specifications June 1982 June 1982 Prepare Bid Documents June 10, 1982 June 20, 1982 Advertisement June 25, 1982 July 15, 1982 Award Contract July 27, 1982 August 2, 1982 Construction/Renovation August 9, 1982 December 30, 1982 C. PROJECT GOALS Contractor shall define project objectives. Project goals will vary depending upon the type of project. Complete renovation of existing structure consisting of a 15,625 square foot building. Page S PROJECT WORK PROGRAM • D. PERFORMANCE STANDARDS Contractor should indicate, where applicable, what performance standards (details of project implementation) will be applied in implementing the Work Program. w I. "In all contracts, purchase agreements, invoices entered, the contractor shall comply with al applicable provisions contained in the County's "Guide For Compliance With Assurances an( Certifications Under The Housing And Community Development Act." 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, th( contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Forn signed by the supplier service prior to the receipt of any goods or initiation of any services The required forms are available from the County Planning Department. 3. All contracts under $10,000 entered into shall be in compliance with procurement procedure. contained in Office Management and Budget (OMB) Circular 1-102, attachment 0 and any othe applicable HUD regulations. 4. In all construction contracts over $2,000 enforce and administer Labor Standards Requireire..nt in accordance with Title 1 of the Housing and Community Development Act of 1974, HUI Handbook 6500.3 - Labor Standards Administration Enforcement, Community Developmen Block Grant Program, and as provided in Assurance No. 14, Appendices VIII - XIII of th( Compliance Guide cited. 5. All construction contracts over $10,000 shall be in compliance with bid procedures contained ii Assurance No. 3 and Appendix IV of the Compliance Guide cited. 6. All construction contracts over $100,000 shall be in compliance with the bonding and insurance requirements contained in OMB A-102 Attachment B, and with the requirements of the Clew Air Act and Federal Water Pollution Control Act. 7. Ensure that access to the handicapped will be provided in accordance with the requirements o the "American Standard Specifications for Making Buildings and Facilities Accessible to, ano Usable by, the Physically Handicapped", Number A-117-1-R-1071. 8. Shall, at a minimum, notify applicable minority owned business firms located in Contra Cost County of bid opportunities for Community Development funded projects and maintaii documentation of such efforts. A listing of minority owned businesses located in Contra Cost County and neighboring counties is available from the County Planning Department. 9. Transmit to the County Planning Department a copy of all construction contracts over $2,00 prior to the contract being advertised to ensure that all appropriate requirements and provision have been included. 10. Provide the County Planning Department with a 30 day written notice of any plans for th( discontinuance of the use of the child care center and/or the sale or disposition of the chill care center. The County Planning Department reserves the right to determine the mos appropriate continued use of the center and to review the disposition plan and to make an, adjustments deemed appropriate as to the value set for said property. All income receive( from the disposition or sale of said child care center shall be returned to the Contra Costi County Community Development Block Grant Program. This provision shall remain in effect ii in perpetuity. 11. Submit copies of all performance and payment bonds for review prior to entering into an, construction contracts. Each bond must be 100 percent of the contract price in accordance with OMB Circular No. A-102 Attachment B. No payments to contractor will be made by th( County Auditor until these documents are reviewed and approved and contractor is so notified. 12. Comply with all Conditions of Approval contained in County Land Use Permit 42023-80 in th( renovation and use of this facility. 13. Comply with the provisions of the State of California Community Care Facilities Act an( accompanying regulations contained in Title 22, Articles 5 and 6 of said Act in the renovatioi work. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. JaMella Graham, Child Development Coordinator Carquinez Coalition P.O. Box 307 Rodeo, CA 94572 799-3122 #DC 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: Carquinez Coalition ACTIVITY NUMBER: _27 199 Parker Avenue Rodeo, CA 94572 BUDGET PERIOD: June 1, 1982-March 31, 1983 (a) (b) (c) (d) Budget Item CD Funds - $ 40ther Funds - $ = Total - $ 27. REHAB. DAY CARE CENTER $179,002.14 -0- $179,002. 14 - Architect Bid, plans, specifications - Permits, fees - Advertisement Inspection - Construction - Administration e TOTAL $179,002.14 -0- $179,002.14 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. CARQ UINEZ COALITION, INC. P.O. BOX 307 . RODEO, CALIFORNIA 94572 CENTRAL OFFICE • CARQUINEZ COMMUNITY CENTER 189 & 1 99 PARKER AVENUE RODEO, CALIFORNIA 94572 (41 5) 799-3131 OR 3132 PROGRAM AREAS COMMUNITY ACTION PROGRAM CHILD DEVELOPMENT PROGRAMS YOUTH PROGRAMS SENIORS PROGRAMS COMMUNITY ADVOCATES RESOURCE DEVELOPMENT RESOLUTION # 82-5 DATE: 2 July 1982 SUBJECT : RESOLUTION/COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROJECT AGREEMENT, 1982-1983 Be it resolved that the Board of Directors of Carquinez Coalition, Inc , does hereby approve the 1982-83 Year Community Development Block Grant Program Project Agreement with the County of Contra Costa to implement Activity #27 - REHABILITATION OF A CHILD DEVELOPMENT CENTER in the amount of $179 ,002 .14 pursuant to the Housing and Community Development Act of 1974 as amended. Be it further resolved that the Board of Directors of Carquinez Coalition, Inc. does hereby approve and authorize Cleo D. Cowart, President of the Board of Directors and Bab Samontacchi , Treasurer of the Board of Directors , to execute the 1982-83 Year Project Agreement for the Community Development Block Grant Program with the County of Contra Costa on behalf of the Carquinez Coalition, Inc. I HEREBY CERTIFY that the above resolution was duly passed and adopted by the Board of Directors of Carquinez Coalition, Inc . at a regular meeting held on the 26th day of May 1982 by the following vote : AYES : 8 NOES ; 0 ABSENT: 6 Angelaurgess Execut ve Manager Carquinez Coalition, Inc . �.ao CONTRA COSTA COUNTY PLANNING DEPARTMENT M.G. Wingett July 6, 1982 TO: County Administrator DATE: r I Eighth Year (1982-83) 11 Community Development Block FROM: Anthony A. Dehaesus f� SUBJECT: Grant Program Project Director of Planning,11Agreement with the Carquinez Coalition Attached please find five copies of the Eighth Year (1982-83) CDBG program project agreement with the Carquinez Coalition implementing continuation of project #27 - Rehabilitation of Day Care Center. This contract has a payment limit of $179,002.14 comprised of $100,000 from the Eighth Year allocation and $79,002.14 in carryover funds from Seventh Year, (1982-82) Activity #47 - Rodeo Child Care Center. This agreement has been approved by the Carquinez Coalition Board of Directors and County Counsel's office. Please place this item on the agenda for the Board meeting of July 13, 1982. AAD:jal///1Min.EY Attachments cc: County Counsel Auditor/Controller 'rtE LJ" RECEIVED ;;cp OT 11►� 1 � 198? 748? ()L,P. ;i . :stator "[��;U Uty THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 13 , 1982 by the following vote: AYES: Supervisors Powers , Fanden, Schroder, Torlakson, McPeak. NOES: None. ABSENT: None. ABSTAIN: None. SUBJECT: Approval of project agreement for Eighth Year (1982-83) Community Development Block Grant Program with the Bi-Bett Corporation. The Board having heard the recommendation of the Director of Planning that it approve the Community Development program project agreement with Bi-Bett Cor- poration implementing Activity 116 - Rehabilitation of Group Residence with a payment limit of $40,000; IT IS BY THE BOARD ORDERED that the above recommendation is approved and that its Chair is authorized to execute said agreement. I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: JUL 13 1982 J.R. OLSSON' C OUNTY CLERK and ex officio Clerk of the Board By , Deputy C. Matth©WIR Orig. Dept.: Planning cc: County Administrator Auditor-Controller County Counsel Contractor #AP CORPORATE ACKNOWLEDGMENT State of California S.S. ___---------------__------------County of------ Contra_Costa_______ On this24thday of------- June_ 19--- before me__......_ M:__F. Aiello______.---------a Notary Public in and for said_______-_Contra Costa County,personally appeared------------David__E_Brown__and__J.__S.__Schne_der___ ____ (SEAL) * �-i".t. * *- *- * * * * * * * * * * * * * * * -------------------------------------------------------------------------------------------- known -- -------- -- -------------- known tome to be the______Executive---- Director ______________________---_--------------_---- and-_—---_________Pres. of the Board of Trustees ------------------known to me to be the --------- ---------- Bi Bett Cor oration j� *----------------------------------- —of the------ — p — ------- the Corporation that executed the within instrument, and also known to me to be the person______________ who executed the within instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the same, and further acknowledged to me that such Corpora- ted the within instrument pursuant to its by-laws or a resolution of its Board of Directors. eP,A OFFICIAL SEAL s� \ M. r-• 0.1r1!h WITNESS my hand and official seal. NOTAPY PUP', cF�;FORMA --------------------------- - ----------- N,9 4 C'unn.jer:? C` ;:c; �P 7,, 1.02 Notary Public in and for said___________________Contra__Costa County and State. ---- -- - -- - - ---------- Sept. 7 82 P-169X 3-80 My commission expires----------------------------------------- ------- 1 --------- i PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1. Agreement Identification. Number 16 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: Bi-Bett Corporation Address: 1260 A Monument Boulevard Concord, CA 94524 3. Term. The effective date of this Agreement is June 24, 1982 and it terminates March 31, 1983, unless sooner terminated as provided herein, subject to all terms, conditions, and assurances contained or incorporated herein. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement shall not exceed $ 40,000 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 "Assurances" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Community Development Block Grant Program Application dated February 2, 1982 , and approved by HUD on April 5, 1982 ; and as more particularly described in the "Project Work Program", attached hereto. 9. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CON CTOR By: Chair, Board of Supervisors erigifaft VLOWaT Ca'pllci ty ATTEST: J. R. OLSSON; County Clerk in Organization) �jjr��jJyV (4 "&e 1 .,,0-?/, By, By. � ' eputy Designate Official Capacity in Organization) Reco►nmendI d by Dept Note to Contractor: i���� (1) If a public agency, designate official capacity in public agency and attach a certi- By: fied copy of the governing body resolution Anthony A. Dehaesus authorizing execution of this agreement. For Approved: Co�mty 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. De u y (Affix Appropriate Acknowledgement Form) T Il I1 ASSURANCES/CERTIFICATIONS The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally assisted program. Also, the grantee gives assurances and certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission and to execute a ' community development and housing program; 2. Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained R therein, and directing and and authorizing the person identified as the official represen- tative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. 3. That prior to submission of its final statement to HUD, the grantee has met the citizen participation requirements, prepared its final statement of community development objectives and projected use of funds, and made the final statement available to the public, as required by section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; 4. It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of section 104(c)(1) of the Housing and Community Development Act of 1974, as amended. 5. Its chief executive officer and other officer of the grantee approved by HUD: (a) Consents to assume the status of a responsible Federal official under the National Environmental policy Act of 1969 and other authorities as specified in 24 CFR 58.1(a)(3); (b) Is authorized and consents on behalf of the grantee and himself/herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his-her responsibilities as such an official; and 6. The grant will be conducted and administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations issued at 24 CFR Part 1; (b) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, and implementing regulations; (c) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto (24 CFR Section 570.601); (d) Section 3 of the housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135; (e) Executive Order 11246, as amended by Executive Orders 11375 and 12086 and implementing regulations issued at 41 CFR Chapter 60; (f) Executive Order 11063 as amended by Executive Order 12259 and imple- menting regulations at 24 CFR Part 107; (g) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended and implementing regulations when published for effect; (h) The Age Discrimination Act of 1975, as amended, (Pub. L. 94-135) and implementing regulations when published for effect; (i) The labor standards requirements as set forth in 24 CFR § 570.605 and HUD regulations issued to implement such reuirements; (j) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution; (K) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; s Page 2 ' 7. No member, officer, or employee of the Grantee, or its designees or.agents, no i member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection, with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; 8. It will comply with the provisions of the Hatch Act which limits the political activity of employees; 9. It will give HUD and the Controller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; 10. It will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations at 24 CFR Part 42 and Section 570.602 apply to any acquisition of real property by the contractor that is carried out for an activity. assisted under this Part and to the displacement of any family, individual, business, non-profit organization or farm that results from such acquisition. k 11. It will comply with the lead based paint requirements of 24 CFR Part 5 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) 12. It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under 24 CFR 570 to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by , the Physically Handicapped," Number A-117. 1-11 1971, subject to the exceptions contained in 41 CFR 101-19.604. The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 13. It will, in connection with its performance of environmental assessmounts under the National Environmental Policy Act of 1969, comply with Section 106 of the National ` Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the. r Preservation of Archeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et. seq.) by: (a) Consulting with the State Historic Preservation Officer to identify pro- perties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the proposed activity; and (b) Complying with all requirements established by HUD to avoid or mitigate .adverse effects upon such properties. 14. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 03-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 15. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. SE:jal/la 1 GENERAL CONDITIONS ; i 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 i 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. r (a) Failure to Perform. In the event the Contractor fails to perform properly v 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 r 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 E 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 • • • M F • is 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. it (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 i provide consideration in addition to that supporting this Agreement, the County of Contra k' 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". 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: r. (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 p' 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, er. 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 r 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. i (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 r 21.. Available Copies. Copies of the County's Project documents (as specified in Paragraph 8, Project, of this Agreement), and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the I Planning Department, Martinez, California. s 22. Retained Powers. All powers not explicitly vested in the Contractor remain in the County. t 23. Project Development. r' (a) If the Project includes construction, the construction of plans and speci- i fications shall be reviewed and approved by the Contractor before construction is com- menced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such real property shall be determined in accordance with the requirements contained in Department of Housing and urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be f submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment, , SE:jal/la t r ' 1 PAYMENT PROVISIONS 1. Payment Basis. County shall in no event pay to the Contracior 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 b 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 i 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. t 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 L 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 Departmentfor 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 o 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. Fage 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 E 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 r Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contactor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jal/la �- 3/16/82 Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1982-1983 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 16. To renovate the 12-unit bunkhouse at the Diablo Valley Ranch in the form of vitally needed repairs and upgrading. B. PROJECT TIME SCHEDULE Time Schedule on a month-by-month basis for the above Project indicating when major activity items are expected to be undertaken and completed. Work Item Start Date Completion Date Plans/Specifications June 1982 July 1982 Bid Package July 1982 July 1982 Advertise August 1982 August 1982 Award August 1982 Construction September 1982 October 1982 C. PROJECT GOALS Contractor shall define project objectives. Project goals will vary depending upon the type of project. To repair and renovate existing facility. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS Contractor should indicate, where applicable, what performance standards (details of project implementation) will be applied in implementing the Work Program. 1. "In all contracts, purchase agreements, invoices entered, the contractor shall comply with all applicable provisions contained in the County's "Guide For Compliance With Assurances and Certifications Under The Housing And.Community Development Act." 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the supplier service prior to the receipt of any goods or initiation of any services. The required forms are'available from the County Planning Department. 3. All contracts under $10,000 entered into shall be in compliance with procurement procedures contained in Office Management and Budget (OMB) Circular 1-102, attachment 0 and any other applicable HUD regulations. 4. In all construction contracts over $2,000 enforce and administer Labor Standards Requirements in accordance with Title 1 of the Housing and Community"Development Act of 1974, HUD Handbook 6500.3 - Labor Standards Administration Enforcement, Community Development Block Grant Program, and as provided in Assurance No. 14, Appendices VIII - XIII of the Compliance Guide cited. 5. All construction contracts over $10,000 shall be in compliance with bid procedures contained in Assurance No. 3 and Appendix IV of the Compliance Guide cited. 6. All construction contracts over $100,000 shall be in compliance with the bonding and insurance requirements contained„in OMB A-102 Attachment B, and with the requirements of the Clean Air Act and Federal Water Pollution Control Act. 7. Ensure that access to the handicapped will be provided in accordance with the requirements of the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1071. 8. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 9. Transmit to the County Planning Department a copy of all construction contracts over $2,000 prior to the contract being advertised to ensure that all appropriate requirements and provisions have been included. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Susan Cinelli Bi-Bett Corporation 1260-A Monument Blvd. Concord, CA 94524 798-7250 Page 4 PROJECT WORK PROGRAM F. PROGRAM MONITORING 1. Contractor's staff will meet at least once per quartet. 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 problyms. 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: 16 Bi-Bett Corporation 1260 A Monument Boulevard Concord, CA 94524 BUDGET PERIOD: june 1, 1982-December 30; 19E (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ = Total - $ 16. REHABILITATION OF GROUP $40,000 -0- $40;000 RESIDENCE - Architect - Design/Specifications - Bid Package - Advertise - Building Materials - Construction i (e TOTAL $40,000 -0- $40,000 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. ,014E CAN • °' 2 0 �fCA"VOT 00 BI-BETT CORPORATION Community Alcoholism Recovery Programs 1260-A MONUMENT BLVD. CONCORD,CA 94520 (415)798-7250 P.O.BOX 5487,CONCORD,CA 94524 DATE: June 3, 1982 SUBJECT: Resolution/Contra Costa County Community Development Grant, Project Agreement 1982-83 Be it resolved that the Board of Trustees of Bi-Bett Corporation does hereby approve the 1982-83 Community Development Grant Project with Contra Costa County to implement Project #16 - Diablo Valley Ranch, Bunkhouse building repair and remodeling - in the amount of $40,000 pursuant to the Housing and Community Development Act of 1974 as amended. Be it further resolved that the Board of Trustees of Bi-Bett Corporation, do hereby approve and authorize David E. Brown, Executive Director, to execute the 1982-83 Project Agreement for the Community Development Block Grant Program with the County of Contra Costa on behalf of Bi-Bett Corporation. I, hereby certify that the above resolution has been duly adopted by the Board of Trustees of Bi-Bett Corporation, on June 3rd, 1982. AYE'S: Ten (10) NO'S: -0- ABSTENTION: -0- NO RESPONSE: -0- Bertha BrownJAecretary A CALIFORNIA NON-PROFIT ORGANIZATION CONTRA COSTA COUNTY PLANNING DEPARTMENT TO: M.G. Wingett DATE: July 6, 1982 County Administratoj Eighth Year (1982-83) '\ Community Development FROM: Anthony A. DehaesusSUBJECT: Block Grant Program r Director of Plannin1, 4 Project Agreement with ly ''i Bi-Bett Corp. I)i Attached please find five copies of the Eighth Year (1982-83) Community Development Block Grant Program project agreement with Bi-Bett Corporation implementing Activity #16 - Rehabilitation of Group Residence with a payment limit of $40,000. This agreement has been approved by the Board of Directors for Bi-Bett Corporation and County Counsel's Office. Please place this item on the agenda for the next Board meeting. A draft Board Order is also attached. AAD:jal///1 Min.EE Attachments Ccn- ra Costa County cc: County Counsel �.�DC E E V Auditor-Controller _ RECEIVED '11L ° 1982 O :ic6of County Administrator OnNvisoRs �ckFIO.P& .. Depub /i THt'BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 13 , 1982 , by the following vote: AYES: Supervisors Powers , Fanden, Schroder, Torlakson , McPeak. NOES: None . ABSENT: None. ABSTAIN: None . SUBJECT: Approval of Agreements with the City of Concord and the Housing Alliance of Contra Costa County, Inc., for the Eighth Year (1982-83) Community Development Block Grant Program. The Board having heard the recommendation of the Director of Planning that it approve both the Community Development Program Fair Housing Services Agreement between the County and City of Concord in the amount of $25,000 and the Community Development Program Project Agreement between the County and the Housing Allinace which is comprised of $65,000 from the Eighth Year allocation plus $50,175.23 carryover from the previous Seventh Year Program Activity - Fair Housing Service for a combined total Eighth Year payment limit of $140,175.23 for Activity #6 - Housing Counseling. It shall be noted that the County will administer the City of Concord's contribu- tion to facilitate program administration for the Housing Alliance; IT IS BY THE BOARD ORDERED that the above recommendation is approved and that its Chair is authorized to execute said agreement. 1 hereby certify that this Ir r tr,e and corrgc'.c1.3ir of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTFD: JUL 131982 J.R. OLSSON, COUNTY CLERK and ex officio Clerk of the Board By , Deputy C. Matthews Orig. Dept.: Planning CC: County Administrator County Counsel Auditor-Controller Contractor #AA X 44_" o r e THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on JIIN 29 by the following vote: AYES: ftWM&Fadlefts 81* r, Mapeak, Torwcm NOES: — ABSENT: — ABSTAIN: — SUBJECT: Approval of Project Agreement for the Eighth Year (1982-83) Community Development Block Grant Program with Scout Hall, Inc. The Board having heard the recommendation of the Director of Planning that it approve the Community Development Program Project Agreement implementing Eighth Year (1982-83) Activity 117 - Expansion of Neighborhood Facility with a payment limit of $38,000; IT IS BY THE BOARD ORDERED that the above recommendation is approved and that its Chair is authorized to execute said agreement. I hereby certify that this is a true and correct copypl an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: J�UN 2 9 19__� J.R. OLS.- :?;i i��LINTY CLERK and ex officio Clerk of the Board • ..�, Depth C. Matthews Orig. Dept.: Planning cc: County Administrator Auditor-Controller County Counsel Contractor #RD State of. F�,RAI On this the day of 19 �, before me, /� ss. County ofl-®/Ulzw �S the undersigned Notary Public, personally appeared /GLGAwJ C- I'cy known to me to be the person(s) whose name(s) /'elf subscribed OFFICIAL SEAL to the within instrument and acknowledged that �� MARIE P JAMES executed the same for the purposes therein contained. a- o NOTARY PUBLIC - CALIFORNIA P P y FAsTCONTRA COSTA COUNTY IN WITNESS WHEREOF, I hereunto set my hand anu`official seal. My Comm. expires AUG 29, 1983 GENERAL ACKNOWLEDGEMENT FORM t PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1. Agreement Identification. Number 17 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: Scout Hall, Inc. Address: P 0 Box 226 Bethel Island, CA 94511 3. Term. The effective date of this Agreement is ,Time 29,1982and it terminates December 30, 1982 , unless sooner terminated as provided herein, subject to all terms, conditions, and assurances contained or incorporated herein. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement shall not exceed $ 38,000 5. County's Obligations. County shall make those allocation payments to the contractor described in the "Payment Provisions" attached hereto which are incorporated herein by reference, subject to all terms, conditions, and assurances contained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the "General Conditions" and the "Assurances" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and•assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Community Development Block Grant Program Application dated February 2, 198�and approved by HUD on April 5, 1982 , and as more particularly described in the "Project Work Program", attached hereto. 9. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR. By: "1— " i � � By: M Chair, Board of Supervisors Designate Official Capa Ay ATTEST: J. R. OLSSON, County Clerk in Organization) By: By: G� D puty Designate Official Capacity in Organization) Recommen d by Department Note to Contractor: (1) If a public agency, designate official-, By. �, ; capacity in public agency and attach a certi= Antho 'y A. Delia-esusfied copy of the governing bor4y resolution authorizing execution of this agreement. Form Approved: Cou ty Counsel (2) All others: Execute acknowledgment form above, and if a corporation, designate official capacity in business, execute ackriow- By: ledgment form and affix corporation seal: eputy (Affix Appropriate Acknowledgement Form) D#8 ASSURANCES/CERTIFICATIONS The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally assisted program. Also, the grantee gives assurances and certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission and to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and and authorizing the person identified as the official represen- tative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. 3. That prior to submission of its final statement to HUD, the grantee has met the citizen participation requirements, prepared its final statement of community development objectives and projected use of funds, and made the final statement available to the public, as required by section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; 4. It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of section 104(c)(1) of the Housing and Community Development Act of 1974, as amended. 5. Its chief executive officer and other officer of the grantee approved by HUD: (a) Consents to assume the status of a responsible Federal official under the National Environmental policy Act of 1969 and other authorities asspecified in 24 CFR 58.1(a)(3); (b) Is authorized and consents on behalf of the grantee and himself/herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his-her responsibilities as such an official; and 6. The grant will be conducted and administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations issued at 24 CFR Part 1; (b) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, and implementing regulations; (c) Section 109 of the Housing,and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto (24 CFR Section 570.601); (d) Section 3 of the housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135; (e) Executive Order 11246, as amended by Executive Orders 11375 and 12086 and implementing regulations issued at 41 CFR Chapter 60; (f) Executive Order 11063 as amended by Executive Order 12259 and imple- menting regulations at 24 CFR Part 107; (g) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended and implementing regulations when published for effect; (h) The Age Discrimination Act of 1975, as amended, (Pub. L. 94-135) and implementing regulations when published for effect; (i) The labor standards requirements as set forth in 24 CFR 9 570.605 and HUD regulations issued to implement such reuirements; (j) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution; (K) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; Page 2 7. No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; 8. It will comply with the provisions of the Hatch Act which limits the political activity of employees; 9. It will give HUD and the Controller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; 10. It will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations at 24 CFR Part 42 and Section 570.602 apply to any acquisition of real property by the contractor that is carried out for an activity assisted under this Part and to the displacement of any family, individual, business, non-profit organization or farm that results from such acquisition. 11. It will comply with the lead based paint requirements of 24 CFR Part 5 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) 12. It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under 24 CFR 570 to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by , the Physically Handicapped," Number A-117. 1-11 1971, subject to the exceptions contained in 41 CFR 101-19.604. The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 13. It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of Archeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et. seq.) by: (a) Consulting with the State Historic Preservation Officer to identify pro- perties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the proposed activity, and (b) Complying with all requirements established by HUD to avoid or mitigate adverse effects upon such properties. 14. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 03-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 15. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. SE:jal/la GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows: (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory. changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. Page 2 • • 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially change the Payment Provisions or the Project Work Program. (c) Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an extension of time for performance, beyond that time specified above under "Term" (Paragraph 3). Any such extension must be in writing and shall be at the sole discretion of the County. 9. Disputes. Disagreements between the County and Contractor concerning the meaining, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the Federal Government. 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the law of the State of California. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to.modification to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement. The original copy of this Agreement and of any modifi- cation-thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". Page 3 • 17. Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No person will publish or disclose or permit or cause to be pulbished or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by alw may be guilty of a misdemeanor. 18. Indemnification. (a) Contractor hereby waives all claims and recourse against the County including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of County, its officers, agents and employees. (b) The Contractor shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, construction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent- County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and'attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liability Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. Page 4 21. Available Copies. Copies of the County's Project documents (as specified in Paragraph 8, Project, of this Agreement), and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly vested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction. of plans and speci- fications shall be reviewed and approved by the Contractor before construction is com- menced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such real property shall be determined in accordance with the requirements contained in Department of Housing and urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment. SE:jal/la PAYMENT PROVISIONS 1. Payment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that, are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. Page 2 The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contactor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jal/la 3/16/82 Page 2 • EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1982-1983 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 17. Expansion of Neighborhood Center. This project will add two rooms onto the existing structure on Ranch Lane, Bethel Island known as Scout Hall, a neighborhood and senior center. Added space will allow up to three groups to meet where only one group at a time met before. a B. PROJECT TIME SCHEDULE Time Schedule on a month-by-month basis for the above Project indicating when major activity items are expected to be undertaken and completed. Work Item Start Date Completion Date Plans/Specifications June 1, 1982 June 21, 1982 Approval Advertize June 23, 1982 July 16, 1982 Permits/Fee June 25, 1982 July 15, 1982 Award -- July 16, 1982 Construction July 26, 1982 September 30, 1982 C. PROJECT GOALS Contractor shall define project objectives. Project goals will vary depending upon the type of project. To provide additional needed space to accommodate the elderly, handicapped and senior groups who are predominately low income residents of Bethel Island. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS Contractor should indicate, where applicable, what performance standards (details of project implementation) will be applied in implementing the Work Program. I. "In all contracts, purchase agreements, invoices entered, the contractor shall comply with all applicable provisions contained in the County's "Guide For Com- pliance With Assurances and Certifications Under The Housing And Community Development Act." 2. In all contracts, purchase agreements, contracts, invoices entered into over $1002 the contractor shall obtain the required signed Equal Opportunity/Section 3 Com- pliance Form signed by the supplier service prior to the receipt of any goods or initiation of any services. The required forms are available from the County Planning Department. 3. All contracts under $10,000 entered into shall be in compliance with procurement procedures contained in Office Management and Budget (OMB) Circular 1-102, attachment.0 and any other applicable HUD regulations. 4. In all construction contracts over $2,000 enforce and administer Labor Standards Requirements in accordance with Title 1 of the Housing and Community Develop- ment Act of 1974, HUD Handbook 6500.3 - Labor Standards Administration Enforcement, Community Development Block Grant Program, and as provided in Assurance No. 14, Appendices VIII - XIII of the Compliance Guide cited. 5. All construction contracts over $10,000 shall be in compliance with bid procedures contained in Assurance No. 3 and Appendix IV of the Compliance Guide cited. 6. All construction contracts over $100,000 shall be in compliance with the bonding and insurance requirements contained in OMB A-102 Attachment B, and with the requirements of the Clean Air Act and Federal Water Pollution Control Act. 7. Ensure that access to the handicapped will be provided in accordance with the requirements of the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped", Number A- 117-1-R-1071. 8. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 9. Transmit to the County Planning Department a copy of all construction contracts over $2,000 prior to the contract being advertised to ensure that all appropriate requirements and provisions have been included. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Gale Walker P.O. Box 97 Bethel Island, CA 94511 684-2823 #C.EN Page 4 • • PROJECT WORK PROGRAM F. PROGRAM MONITORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representatives, where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 17 _ Scout Hall, Inc. P 0 Box 226 Bethel Island, CA 94511 BUDGET PERIOD: June 1, 1982-November 30, 1982. (a) (b) (c) (d) Budget Item CD Funds - $ -+Other Funds - $ = Total - $ 17. EXPANSION OF NEIGHBORHOOD $38,000 6,000 $44,000 CENTER - Plans/Specifications - Architect - Bid Package - Advertise - Construction - Misc. TOTAL $38,000 e $6,000 $44,000 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. Contra X39 C`°,k . ReCiz,VCOt my CONTRA COSTA COUNTY PLANNING DEPARTMENT JUN 2 2 ,1982 Office of ' C°linty �drr�ii�isfrat°r TO: M.G. Wingett DATE: June 22, 1982 •-� County Administri�, Eighth Year (1982-83) Community Development FROM: Anthony A. DehaeSUBJECT: Block Grant Program Director of PlanniProject Agreement with Scout Hall, Inc. Attached please find five copies of the Community Development Program Project Agreement implementing Eighth Year (1982-83) Activity #17 - Expansion of Neighborhood Center with a payment limit of $38,000. This agreement has been approved by the Scout Hall Board of Directors and County Counsel's Office. Please place this item on the agenda for the next Board meeting. A draft Board Order is also attached. AAD:jal//t1Min.SH Attachments cc: County Counsel Auditor-Controller f._... RECEIVE® `'UN�1982 CIER J.OA P.p(O SSO�V sy COSTA CO,ISORS f. Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8 , 1982 , by the following vote: AYES: Supervisors Powers , Fanden, Schroder. NOES: ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: — SUBJECT: Project Agreement for the Eighth Year (1982-83) Community Development Block Grant Program with Pacific Community Services, Inc. , for Activities #l , #5 and #7. The Board having considered the recommendation of the Director of Planning that it approve the following Eighth Year (1982-83) Community Development Block Grant Program project agreements with their respective descriptions and pay- ment limits as follows : Activity Description Payment Limit �/ #1 Housing Development $207,000 Assistance Land Acquisi- tion #5 Economic Development $150,000 Revolving Fund Housing Counseling $ 40,000 IT IS BY THE BOARD ORDERED that the above recommendation is approved and its Chair is authorized to execute said agreements. lkwabycertity that this fs a traeandcorrectco"Of N action taken and entered on the minutes of the Beard of Supervisors on the date shown. ATTESTED: JUN 81982 J.R. G . :^ ;; t"=' LINTY CLERK and ex %rl rk of the Board --- ....., DepW O. Matthews Orig: Dept.: Planning cc: County Administrator Auditor-Controller County Counsel Contractor STATE OF CALIFORNIA l SS. County of— ) fY On this��___ day of—_-. in he year One ousand Nine Hundred and_ u 2- EL- before me,_._—.s]F^� y /� 1 ^ —_a Notary Public in and /or the----_—__!C:ounty of Cllti I1✓ ' - �C'�1 -, State of California residing therein, duly commis ned and sworn, personall appeared �- NOTARY PUBLIC-CALF02NIArr e►^ OFFICRL SEI L f 1� . -^+=:g� �, known to me to be the__ -°V�J—eti�_ .�_� w I V+E=_ �,�-= K,.S� CONTRA COSTA COUNTY. ' of the corporation described in and that executed the within instrument, and also known to me SALLY J. SMITH MY COMMISSION EXP. 1211618.5 to be the person.S-who executed it on behalf of the corporation therein named,and....t=he acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have here to set my ha d and affixed my Official Seal,at my office in the- _—_Coun[y-.of ^th dayand y at in this certificate first above written. ACKNOWLEDGEMENT--CORPORATION (FURRER'S-1086) Notary Public in and for the__ -_..County of.-cirl— a v.'__, State of California Y 4 ' T 3 PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1. Agreement Identification. Number 1 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: Pacific Community Services, Inc. Address: P 0 Box 1397 Pittsburg, CA 94565 3. Term. The effective date of this Agreement is April 1, 1982 and it terminates March 31, 1983, unless sooner terminated as provided herein, subject to all terms, conditions, and assurances contained or incorporated herein. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement shall not exceed $207,000 5. County's Obligations. County shall make those allocation payments to the contractor descirbed in the "Payment Provisions" attached hereto which are incorporated herein by reference, subject to all terms, conditions, and assurances contained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the "General Conditions" and the "Assurances" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Community Development Block Grant Program Application dated February 2, 1982 and approved by HUD on April 5, 1983 ; 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 t. •. By. �( i�l''''y�,-�.�`�L iy/l-l`2�C- By: 4, '\ Chair L Board of Supervisors Design e O ficial acity. i rganization) ATTEST: J. R. OLSSON, County Clerk By: By: �.t�„ Designate Officialtqapacity �eputy in Organizati n) Recomm ded b Depeftment Note to Contractor: (I) If a public agency, designate official r' capacity in public agency and attach a certi- By: fied copy of the governing body resolution Ant4bny A. Deh esus authorizing execution of this agreement. nty Counsel (2) All others: Execute acknowledgment Form Approved: Ca/�i form above, and if a corporation, designate official capacity in business, execute acknow- /, led ment form and affix corporation seal. ,,o,1DepT1ty (Affix Appropriate Acknowledgement Form) Iry 8 'y • r ASSURANCES/CERTIFICATIONS The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally assisted program. Also, the grantee gives assurances and certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission and to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and and authorizing the person identified as the official represen- tative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. 3. That prior to submission of its final statement to HUD, the grantee has met the citizen participation requirements, prepared its final statement of community development objectives and projected use of funds, and made the final statement available to the public, as required by section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; 4. It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of section 104(c)(1) of the Housing and Community Development Act of 1974, as amended. 5. Its chief executive officer and other officer of the grantee approved by HUD: (a) Consents to assume the status of a responsible Federal official under the National Environmental'policy Act of 1969 and other authorities as specified in 24 CFR 58.1(a)(3); (b) Is authorized and consents on behalf of the grantee and himself/herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his-her responsibilities as such an official; and 6. The grant will be conducted and administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations issued at 24 CFR Part 1; (b) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, and implementing regulations; (c) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto (24 CFR Section 570.601); (d) Section 3 of the housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135; (e) Executive Order 11246, as amended by Executive Orders 11375 and 12086 and implementing regulations issued at 41 CFR Chapter 60; : (f) Executive Order 11063 as amended by Executive Order 12259 and imple- menting regulations at 24 CFR Part 107; (g) Section 405 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended and implementing regulations when published for effect; (h) The Age Discrimination Act of 1975, as amended, (Pub. L. 94-135) and implementing regulations when published for effect; (i) The labor standards requirements as set forth in 24 CFR 9 570.605 and HUD regulations issued to implement such reuirements; (j) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution; (K) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; Wage 2 7. No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; 8. It will comply with the provisions of the Hatch Act which limits the political activity of employees; 9. It will give HUD and the Controller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; 10. It will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations at 24 CFR Part 42 and Section 570.602 apply to any acquisition of real property by the contractor that is carried out for an activity assisted under this Part and to the displacement of any family, individual, business, non-profit organization or farm that results from such acquisition. 11. It will comply with the lead based paint requirements of 24 CFR Part 5 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) .,_ 12. It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under 24 CFR 570 to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by , the Physically Handicapped," Number A-117. 1-11 1971, subject to the exceptions contained in 41 CFR 101-19.604. The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 13. It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of Archeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et. seq.) by: (a) Consulting with the State Historic Preservation Officer to identify pro- perties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the proposed activity, and (b) Complying with all requirements established by HUD to avoid or mitigate adverse effects upon such properties. 14. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 03-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 15. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. SE:jal/la GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows: (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such'title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. r Page 2 • 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially change the Payment Provisions or the Project Work Program. (c) Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an extension of time for performance, beyond that time specified above under "Term" (Paragraph 3). Any such extension must be in writing and shall be at the sole discretion of the County. 9. Disputes. Disagreements between the County and Contractor concerning the meaining, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the Federal Government. 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the law of the State of California. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement. The original copy of this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the' list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". Page 3 17. Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No person will publish or disclose or permit or cause to be pulbished or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and -intentionally disclosing such information other than as authorized by alw may be guilty of a misdemeanor. 18. Indemnification. (a) Contractor hereby waives all claims and recourse against the County including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of County, its officers, agents and employees. (b) The Contractor shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, Eonstruction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County, is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liability Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. Page 4 21. Available Copies. Copies of the County's Project documents (as specified in Paragraph 8, Project, of this Agreement), and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly vested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the constructionof plans and speci- fications shall be reviewed and approved by the Contractor before construction is com- menced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such real property shall be determined in accordance with the requirements contained in Department of Housing and urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County. pontractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment. SE:jal/la PAYMENT PROVISIONS 1. Payment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of.1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles "for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate ,with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the: Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. Page 2 The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contactor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or. Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of.the County's liability, 'if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jal/la 3/16/82 Page 2 • EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1982-1983 PROJECT WORK PROGRAM I A. PROJECT DESCRIPTION ' r PCSI proposes to develop a 21.6 acre site in Brentwood as a mixed-income Planned Unit Development (PUD) and entitled "Havenwood Village". Manufactured housing units will be placed on permanent foundations and integrated with site-built garages to closely resemble conventional housing. Design elements will be used to reduce long-term energy costs and maintain the overall desirability of the project. Inovative mortgage finance .mechanisms will be j considered and evaluated in order to provide favorable terms to assisted families (e.g. Shared Appreciation Mortgages). Grant funds will be used to promote economic feasibility through measures such a predevelopment and land writedowns. 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 0 1. File Tentative Subdivision Map May 1982 2. PUD Design May 1982 3. Interest Payment September 1982 r 4. Pay R.E. Taxes May/December 1982 5. Principal Payment November 1982 6. Final Map Approval-Recordation December 1982 C. PROJECT GOALS e Contractor shall define project objectives. Project goals will vary depending upon the type of project. 1. Provide 124 units of new housing of which, 62 will be available to low and moderate income families in Contra Costa County in a mixed income project. 2. Facilitate reduced energy consumption/costs to residents through energy efficient design of units, siting, and development plans. 3. Create a viable neighborhood that will continue to provide satisfaction to residents and larger Brentwood community. Page 3 • PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS Contractor should indicate, where applicable, what performance standards (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered the contractor shall comply with all applicable provisions contained in the County's "Guide for Compi(ance with Assurances and Certifications Under the housing and Community Development Act". 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the contractor shall comply with the provisions of and obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the supplier prior to the receipt of iany goods or initiation of any services. The required forms are available from the County Plannirt�gp Department. 3. In the Comprehensive Housing Counseling Program, comply with all applicable Federal regulations as contained in OMB Circular A-122, "Cost Principals for .Nan-Profit Organizations" in the determination of allowable costs inthe administration,and provision of services of this activity. 4. Records will be kept and monthly reports made and submitted to the County Planning Department providing the following information: a. Total contacts and counseling sessions - whether landlord, tenant, homeowner, agency. b. Geographical resident of client. c. Types of requests, other needs. d. Result of contact with PEHDC. e. Participation of clients, volunteers, staff in training programs, workshops, classes. f. Reports on other funding proposals, their results. 5. 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 0 and other applicable HUD regulations. 6. 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 documenta- tion of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. In addition the following performance standards shall apply to the housing production component: 7. All sites considered shall only be located within the County Entitlement Area which is defined as Contra Costa County excluding the incorporated cities of Concord, Pittsburg and Richmond. 8. As early as possible in the selection process the Contractor shall submit to the County Planning Department a description of sites determined to be appropriate as low and moderate income housing sites and to be evaluated further for possible site control. The contractor shall not undertake actions which would legally obligate any Community Development funds until notified by the County that federal environmental review procedures and all actions contained in condition #9 as listed below are completed. 9. Within 10 days prior to the authroization for initiation of any site controls, the Contractor shall submit a description of each selected site, the proposed use and/or preliminary development designs for each site to the County Planning Department for their review and approval. The County Planning Department reserves the right to determine the appropriateness of all site. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Tom La Fleur, Housing Director Richard Beyer, Executive Vice-President Pacific Community Services Corporation 501 Railroad Avenue P.O. Box 1397 Pittsburg, CA 94565 439-1056 Page 4 PROJECT WORK PROGRAM F. PROGRAM MONITORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representatives, 'where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 1 Pacific Community Services, Inc. P 0 Box 1397 Pittsburg, CA 94565 BUDGET PERIOD: April 1, 1982-P4arch 31, 1983 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ = Total - $ 1. Housing Development $2079000 _p $2079000 Assistance Administration 54,664 54,664 Staff Salaries Fringes Travel Office expense Misc. Land Acquisition R. E. Taxes 3,600 3,600 Principal 62,475 62,475 Interest 86,261 86,261 e TOTAL $207,000 -0- $207,000 Notes: (a) Detailed categories pursuant to WR 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. Pacific Community Services 501 RAILROAD AVENUE P.O. BOX 1397 PITTSBURG, CALIFORNIA 94565 (415) 439-1056 RESOLUTION # 82-005 BE IT RESOLVED that the Board of Directors of Pacific Community Services, Incorporated (PCSI) does authorize PCSI to enter into Agreements with Contra Costa County as follows: AGREEMENT IDENTIFICATION NUMBER 1, effective April 1, 1982, terminates March 31, 1983, not to exceed $207,000. AGREEMENT IDENTIFICATION NUMBER 5, effective April 1, 1982, terminates March 31, 1983, not to exceed $150,000. AGREEMENT IDENTIFICATION NUMBER 7, effective April 1, 1982, starting date of July 1, 1982, not to exceed $40,000. BE IT FURTHER RESOLVED that the Board of Directors of PCSI does hereby approve and authorize Harry Freed, President and Richard Beyer, Executive Vice-President to execute the subject Contract Agreements with Contra Costa County on behalf of PCSI. I HEREBY CERTIFY that the above and foregoing Resolution was duly passed by the Board of Directors of PCSI at a regular meeting held on the day of __, 1982, by the following vote: AYES: a D NOES: O ABSENT: S BY: Secretary r , ' 1 t STATE OF CALIFORNIA' _ ss. County of_1�T1 ty-o Tl o ' On this�_- day of-...____:_ �- to year One Thousand Nine Hundred and ' before -<< s`SrnNotary Public.in and for OFFlMSFAL he C6/unty of--Q))ti 0. �I�a9 — Swte of California NOTARY PUBLIC-CALIFORNIAretiFling herein, duty Med and sworn, crs° lly ap earn EONT3A COSTA COUNTY 7�``_ J �-C k , SALLY J. SMITH knouin tome to be the.�/_teS_��1L� stECw�vQ_ CG=_ My eoMMlssloN EXP. I2iis of tFie co+po"r'a(ion st �s5 de "ribed in and that executed the within instrument, and also known to me V - ' - to be'the person,>.who executed it on behalf of the corporation therein named,and— acknowledged to me'that such corporation executed the some. IN WITNESS WH4RE4DF,I have heraunro sett my hand and affixed mN Official Seal, at my office in the. .Counry of t3�._t 0s� the day and Near in this certificate ' first above written. - - ----••--- -n.ro n.nor: ,Fv:.ver+ s-,oee, Nota Public in and for the—_ county of-0046-1, /1 ''t ry / .. ty C.dSs__ __, Sfarf Of Ca.i,U'n:a PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM j tel' 1. Agreement Identification. Number 5 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: Pacific Conmwiity, Services, Inc. Address: P 0 Box 1397 Pittsburg, CA 94565 3. Term. The effective date of this Agreement is April 1, 1982 and it terminates March 31, 1983, unless sooner terminated as provided herein, subject to all terms, conditions, and assurances contained or incorporated herein. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement shall not exceed $ 150,000 5. County's Obligations. County shall make those allocation payments to the contractor descirbed in the "Payment Provisions" attached hereto which are incorporated herein by reference, subject to all terms, conditions, and assurances contained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the "General Conditions". and the "Assurances" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Community Development Block Grant Program Application dated February 2, 1982, and approved by HUD on April 5, 1983 ; 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 ANY v " Chair _, oard of Supervisors Designat ficial Capacity in Organization) ATTEST: J. R. OLSSO:N, County Clerk 4 By. By: Designate Official qapacity J ' uty in Organizati n) Recommende by Depart ent 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 Antho y . Dehaesus authorizing execution of this agreement. } Approved: Couny Counsel (2) All others: Execute acknowledgment form above, and if a corporation, designate official capacity in business, execute acknow- By: ledgment form and affix corporation seal. Deputy (Affix Appropriate Acknowledgement Form) D#8 ASSURANCES/CERTIFICATIONS The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally assisted program. Also, the grantee gives assurances and certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission and to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and and authorizing the person identified as the official represen- tative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. 3. That prior to submission of its final statement to HUD, the grantee has met the citizen participation requirements, prepared its final statement of community development objectives and projected use of funds, and made the final statement available to the public, as required by section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; 4. It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of section 104(c)(1) of the Housing and Community Development Act of 1974, as amended. 5. Its chief executive officer and other officer of the grantee approved by HUD: (a) Consents to assume the status of a responsible Federal official under the National Environmental policy Act of 1969 and other authorities as specified in 24 CFR 58.1(a)(3); (b) Is authorized and consents on behalf of the grantee and himself/herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his-her responsibilities as such an official; and 6. The grant will be conducted and administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations issued at 24 CFR Part 1; (b) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, and implementing regulations; (c) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto (24 CFR Section 570.601); (d) Section 3 of the housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135; (e) Executive Order 11246, as amended by Executive Orders 11375 and 12086 and implementing regulations issued at 41 CFR Chapter 60; (f) Executive Order 11063 as amended by Executive Order 12259 and imple- menting regulations at 24 CFR Part 107; (g) Section 405 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended and implementing regulations when published for effect; (h) The Age Discrimination Act of 1975, as amended, (Pub. L. 94-135) and implementing regulations when published for effect; (i) The labor standards requirements as set forth in 24 CFR § 570.605 and HUD regulations issued to implement such reuirements; (j) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution; (K) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; Page 2 .7. No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; 8. It will comply with the provisions of the Hatch Act which limits the political activity of employees; 9. It will give HUD and the Controller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; 10. It will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations at 24 CFR Part 42 and Section 570.602 apply to any acquisition of real property by the contractor that is carried out for an activity assisted under this Part and to the displacement of any family, individual, business, non-profit organization or farm that results from such acquisition. 11. It will comply with the lead based paint requirements of 24 CFR Part 5 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) 12. It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under 24 CFR 570 to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by , the Physically Handicapped," Number A-117. 1-11 1971, subject to the exceptions contained in 41 CFR 101-19.604. The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 13. It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of Archeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et. seq.) by: (a) Consulting with the State Historic Preservation Officer to identify pro- perties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the proposed activity, and (b) Complying with all requirements established by HUD to avoid or mitigate adverse effects upon such properties. 14. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 03-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 15. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. SE:jal/la GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows: (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained-for three years after its final disposition. -... (c) Records for any displaced person shall be-retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. 'In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. • P'ag'e 2 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for .which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially change the Payment Provisions or the Project Work Program. (c) Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an extension of time for performance; beyond that time specified above under "Term" (Paragraph 3). Any such extension must be in writing and shall be at the sole discretion of the County. 9. Disputes. Disagreements between the County and Contractor concerning the meaining, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the Federal Government. 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the law of the State of California. 11. Conformance with Federal and State Regulations. Should Federal or State . regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or _State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement. The original copy of this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the' list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". Page 3 17. Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limitedto, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No person will publish or disclose or permit or cause to be pulbished or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by alw may be guilty of a misdemeanor. 18. Indemnification. (a) Contractor hereby waives all claims and recourse against the County including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of County, its officers, agents and employees. (b) The Contractor shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, Eonstruction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liability Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. Page 4 21. Available Copies. Copies of the County's Project documents (as specified in Paragraph 8, Project, of this Agreement), and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly vested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction of plans and speci- fications shall be reviewed and approved by the Contractor before construction is com- menced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such real property shall be determined in accordance with the requirements contained in Department of Housing and urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County. -pontractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment. SEcjal/la PAYMENT PROVISIONS 1. Payment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles 'for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. Page 2 The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contactor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, 'if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jal/la 3/16/82 Page 2 • • EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1982-1983 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 1. This Economic Development Project will establish a Revolving Loan Program Fund to provide 5% and 10% injection into Small Business Administration's (SBA) 502 and 503 Programs. The SBA 502 and 503 Programs provide long-term financing to small businesses for construction of a building, purchase of land, purchase of equipment (if part of real property), and the purchase of existing buildings and improvements. Under this program, loans will be made only to existing businesses for expansion and/or relocation. To be assisted under this program a small business must be located in the Neighborhood Preservation Areas or relocating/expanding to these areas. The County staff will evaluate the small business to be assisted based on location, type of business, job creation, and environmental review. The small businesses assisted must hire the equivalent on one full-time employee per $2,500 in Revolving Loan Program Funds injected into the project. In addition, the small business must agree to hire CETA-eligible employees, where possible. As the loans are repaid, the money will be made available to loan out again. B. PROJECT TIME SCHEDULE Time Schedule on a month-by-month basis for the above Project indicating when major activity items are expected to be undertaken and completed. ..Work Item Start Date Completion Date 1. Marketing of Program April 1982 June 1982 2. Dissemination of Program Information May 1982 August 1982 3. Screening of Project June 1982 September 1982 . 4. Initial Application May 1982 November 1982 5. Determination Project Feasibility July 1982 November 1982 6. Meetings with County Lendees, SBA July 1982 November 1982 7. Preparation of full Application for Lender/SBA September 1982 December 1982 8. Project Closings December 1982 March 1983 9. Monthly Progress Reports April 1982 March 1983 C. PROJECT GOALS Contractor shall define project objectives. Project goals will vary depending upon the type of project. Revolving Loan Program: The goal of this Program is to create long-term jobs for low and moderate income people and increase the economic viability of Neighborhood Preservation Areas by assisting small businesses in obtaining financing to expand or relocate. The primary objective of the Program is to create a minimum of 50 long-term jobs for low and moderate income people. In addition, the Program will leverage Community Development Block Grant (CDBG) funds at an average leverage ratio of 15 to 1, have a job/cost ratio of $2,500 of CDBG funds/job created, and be marketed in the areas of greatest need. The number of businesses to be assisted will be determined by the size of the projects. I Page 3 • PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS Contractor should indicate, where applicable, what performance standards (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, the Contractor shall comply with all, applicable provisions contained in the County's "Guide for Compliance with Assurances and Certifications Under the Housing and Community Development Act". 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the Contractor shall comply with the provisions of and 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 ar available from the County Planning Department. 3. All contracts under $10,000 entered into shall be incompliance with procurement procedures contained in Office of Management and Budget (OMB) Circular. A-102, attachment O and any other applicable HUD regulations. 4. Shall at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 5. The Contractor shall obtain prior approval from the Planning Department regarding the location and numbe of jobs created for low and moderate income people. All jobs created must be in a Neighborhood Preservation Area in Contra Costa County and consistent with the goals set forth in Section C. Project Goals of Exhibit A of the Project Work Program. 6. The Contractor shall utilize the marketing process setforth in Attachment "A" to this contract dated and approved by the Housing and Community Development Advisory Com- mittee on April 7, 1982. 7. In the implementation of the Economic Development Revolving Fund activity, Pacific Community Services is responsible for compliance with the goals and requirements of the Community Deveopment Act, as amended in particular as it relates to expansion of economic opportunities for low and moderate income persons. 8. The contractor shall submit to the County Planning Department the project description and .location of the economic development projects as early as possible in order for the County to complete its Environmental Review, and request release of funds from HUD. This process can take as long as 45 days. . No costs can be incurred prior to the County receiving release of funds. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Sean Quinn Richard Beyer, Executive Vice-President Pacific Community Services Corporation 501 Railroad Avenue P.O. Box 1397 Pittsburg, CA 94565 439-1056 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 monito+ ing and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 5 BUDGET PERIOD: April 1, 1982-March 31, 1983 (a) (b) (c) (d) Budget Item CD Funds - $ +O.ther Funds - $ = Total - $ Economic Development $150,000 -0- $150,000 Revolving Fund Staff/Administration 25,000 25,000 - Salaries - Fringes - Office expense - Travel _ Misc. Revolving Fund 125,000 1251000 TOTAL $1501000 e -0- $150,000 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. 5 Pacific Community Services 501 RAILROAD AVENUE P.O. BOX 1397 PITTSBURG, CALIFORNIA 94565 (415) 439-1056 RESOLUTION # 82-005 BE IT RESOLVED that the Board of Directors of Pacific Community Services, Incorporated (PCSI) does authorize PCSI to enter into Agreements with Contra Costa County as follows: AGREEMENT IDENTIFICATION NUMBER 1, effective April 1, 1982, terminates March 31, 1983, not to exceed $207,000. AGREEMENT IDENTIFICATION NUMBER 5, effective April 1, 1982, terminates March 31, 1983, not to exceed $150,000. AGREEMENT IDENTIFICATION NUMBER 7, effective April 1, 1982, starting date of July 1, 1982, not to exceed $40,000. BE IT FURTHER RESOLVED that the Board of Directors of PCSI does hereby approve and authorize Harry Freed, President and Richard Beyer, Executive Vice-President to execute the subject Contract Agreements with Contra Costa County on behalf of PCSI. I HEREBY CERTIFY that the above and foregoing Resolution was duly passed by the Board of Directors of PCSI at a regular meeting held on the day of __, 1982, by the following vote: AYES- A0 NOES: 0 ABSENT: S BY: Secretary ; i ATTACHMENT A� CONTRA COSTA COUNTY PLANNING DEPARTMENT TO- Housing and Community DATE: April 7, 1982 Development Advisory Committee FROM: SUBJECT: Implementation of the � Dennis Fransen, Chief Economic Development Community Development and Housing Revolving Loan Program Included in the 1982-83 Community Development Program is an allocation of $150,000 to Pacific Community Services, Inc. (PCSI) to package and leverage Small Business Administration loans for business expansion. A copy of the funded proposal is attached. Generally speaking, PCSI proposes to establish a revolving loan fund to provide 5% to 10% injection into the SBA 502 and 503 programs. Only small businesses located within Neighborhood Preservation Areas would be eligible for assistance. The goal of the program is to create 50 long term jobs for low and moderate income people. Because the allocation to PCSI is relatively small it has been suggested that the organization target its marketing efforts to a limited number of NPA's. During the allocation process the Housing and Community Development Advisory Committee concurred with this suggestion, and directed staff and PCSI to conduct a process of selecting the NPA's. On April 7, 1982 a meeting with interested parties was held to discuss implementation. Based on written and oral comments the following is proposed. Staff recommends approval of this process. The process would be integrated into the contract with PCSI. Determining Areas for Emphasis While application could be received from a small business in any NPA during the 1982-83 Community Development Fiscal Year, it is proposed that an intensive marketing campaign be targeted in the communities which meet the following criteria: 1. Score in the top half of NPA's per the ranking on Attachment 2. 2. Have substantial commercial and/or light industrial business expansion potential.* 3. Communities which lack local development corporations, or have local development corporations with no available financial resources for local injection.** *Montalvin Manor is the only NPA lacking substantial commercial and/or light industry. **The Antioch Economic Development Corporation (AEDC) is the only other local development corporation in the County with financial resources for local injection. The AEDC is authorized to package SBA 502 loans only. In order to avoid unnecessary duplication it is proposed that marketing and packaging of loans by PCSI in Antioch be limited to the SBA 503 program. After the CD funds committed to the AEDC for the SBA 502 loans are committed to a business firm, and a SBA 502 loan package has been approved by the SBA, Antioch applicants for SBA 502 loans could be processed through Pacific Community Services. PCSI will refer Antioch SBA 502 inquiries to the AEDC so long as funds are available to that organization. JK:jal/M Pacific Community Services 501 RAILROAD AVENUE P.O. BOX 1397 PITTSBURG, CALIFORNIA 94565 (415) 439-1056 x U F N Ln -O T August 28, 1981 C:0 -4 Dennis J. Fransen Housing and Community Development Advisory Committee C/O Planning Department County Administrative Building, North Wing P.O. Box 951 Martinez, California 94553 Dear Mr. Fransen: Enclosed is Pacific Community Services's Activity Suggestion Sheet. This request for funding is for an Economic Development Project under the Contra Costa Community Development Program. If you have any questions, please call Steven Giacomi or myself. Sincerely, Sean Quinn Economic Information Specialist SQ:Ss Enc. The goal of this proposed program is to enhance community development through the establishment of a targeted economic development program. . .. . . . . . . . . . . . . . . . . . . . . . 1. Proposed Activity Description and Location A. Type of Activity: The Economic Development Program will estab- lish a Revolving Loan Fund (RLF) to provide 5% to 10% injection into the Small Business Administration's 502 and 503 Programs. B. Activity Location: This Economic Development Program will be targeted to neighborhoods identified in the Community Development Block Grant Application, 1981-1982. These neighborhoods are: Antioch Oakley - Sandhill Brentwood ✓ Pinole Crockett Pleasant Hill E1 Cerrito Rodeo ✓ Lafayette San Pablo North Martinez ✓ San Pablo South Mountain ManorVine H;11� Mountain View North Richmond West Pittsburg Loans from the proposed Revolving Loan Fund will be made to businesses that impact the targeted neighborhoods, as determined by an Eligibility Committee, established by the Housing and Community Development Advisory Committee. C. Description of Activity: The proposed Economic Development Project will establish a Revolving Loan Fund to provide 5% to 10% injection into the Small Business Administration's 502 and 503 Programs. Under the proposed project, only small businesses that impact the targeted neighborhoods will be assisted. Loans will be made only for business expansion and relocation of existing businesses. Loans for the relocation of existing businesses will only be allowed if the potential to expand in the businesses' existing building does not exist and the County's Eligibility Committee determines there will be no conflict in the relocation (a detailed de- scription of the activity is attached) . D. Amount Requested: The total funding request is $200,000 for a one year project. Of the total, the $175,000 will be used to capitilize i - the Revolving Loan Fund and $25,000 will be used for the administration of Page 2. C.P., the RLF by Pacific Community Services. Approximately one-half of the .$175,000 will be used for 5% injection and the other half for 10% in- jection into the 502 and 503 Programs. This will leverage the $175,000 Community Development Block Grant money at a ratio of 10 to 1 for one-half the fund and 20 to 1 for the other half. Therefore, the total amount of funding generated by the County's CDBG money would be $2,625,000. In addition, the County's $175,000 would be repaid to the County at a 8% interest rate. This project will create a minimum of seventy long-term jobs for low and moderate income people. In addition, the increased economic viability of the targeted areas will lead to additional employment oppor- tunities in these areas. This project proposal is for a one-year period. However, to insure a maximum impact on the targeted area this project should continue for at least three years. Funding for the additional two years can come from CDBG money and the money repaid to the County from the loans. 2. Proposed Community Development Activity Costs: Program Costs: $25,000 (see attached program description for detail) 1 Revolving Loan Fund $175,000 (see attached activity description for detail) Total Costs of Activity $200,000 3. Proposed Responsible Agency: Pacific Community Services Contact Persons: Steven J. Giacomi or Sean P. Quinn . 501 Railroad Avenue, P.O. Box 1397 Phone: (415) 439-1056 Pittsburg, California 94565 4. Activity Suggestion Sponsor: Same as above lr'r Page 3. . C Description of Activity The Need : The small business sector is extremely important to the economic base of our nation's cities. And yet, most policy-makers disregard the small business sector in developing strategies to revitalize economies. In California, 84% of all private employment is provided by companies employing less than 400 people; 56% of all private employment is provided by companies employing less than 400 people; 56% of all private employment is provided by companies employing less than 100 people. In medium sized cities, the small business sector becomes even more important; ' in small cities, the small business sector often accounts for 100% of the economy. In recent years, large numbers of manufacturing jobs have left cities. The great majority of these jobs are created by small businesses with sales of $10 million and less, employing 400 people and less. An economic development strategy needs to focus on the importance of the small business sector. Expansion means capital investment and fixed asset financing. An Cessential ingredient is long-term money. A small business cannot afford to build a new plant or modernize without long-term financing -- fifteen to twenty years. Investment and principal repayments on a $1 million five- year loan are $255,000 per year. tInterest and principal repayments on a $1 million twenty-year loan are $115,900 per year. One is affordable; the other is not. General Motors and big business can get twenty to thirty year money for plant expansion. In contrast, small businesses largely are unable to arrange long-term financing to build plants- or to purchase machinery and equipment. Why is this? Commercial banks, for the most part, make only short term loans. They do not want to make a loan for over five years. Insurance companies do make long-term loans. But, as a rule, they are seeking loan packages in larger amounts -- preferably $1 million and over. They are not set up to handle individual small business loans in the $200,000 to $1 million range. Savings and Loans are also long-term lenders. But they are re- stricted by law to having 80 to 90 percent of their loan portfolios in home mortgages. The remaining 10 to 20 percent can be invested in commercial or industrial projects, but the Savings and Loans tend to reserve these Page 4. ' more limited dollars for larger Triple A loan situations. The net effect to the average business is that expansion (and re- vitalization) is delayed or not done at all. This project will focus on alleviating these problems for the small businesses that impact on the targeted neighborhoods in Contra Costa County. This will create long- term employment for low and moderate income people, provide a high degree of leverage for the Community Development Block Grant money, help generate private investment in these targeted areas, and by increasing the overall economic viability of the targeted areas. . Criteria: The business assisted will have to be a small business, as defined by the Small Business Administration. As stated, the business loans will be only for expansion on relocation. The business assisted must impact the targeted neighborhoods and provide jobs for low and moderate income people. This will be determined by the County's Eligibility Com- mittee. The Committee will determine if the type of jobs created will offer long-term potential employment for low and moderate income people. In addition, the small business concern receiving assistance must agree to hire CETA eligible employees in all positions (if available) . The loan to the small business concern must .create one permanent full-time job for $2,500 of Community Development Block Grant money injected into the loan. ? The Revolving Loan Fund (RLF) : The RLF being proposed is relatively straight forward. Pacific Community Services will market the program to attract existing small businesses in need of capital to expand or relocate. The program marketing will introduce the small business community to the sources available under the program. Once a potential client is identified, Pacific Community Services (PCS) will: = Make initial interviews with clients and have client fill out initial application. PCS will review the application to determine whether the business project meets the established criteria. If PCS determines the criteria has been met, the County's Eligibility Committee will review the application and PCS's recommendation. The County's \`. Eligibility Committee will be established by the Housing and Community Development Advisory Committee to insure that above stated criteria is met by the loan. Page 5. - Upon the Eligibility Committee's approval, PCS will recommend the application to the Los Medanos Fund Local Development Corporation's Board of Directors. The Board of Directors will review the financial feasibility of the application. - Once the Board of Directors approve the project, PCS will provide the client with a list of information needed for the preparation of a funding proposal. - PCS will begin preparation of funding proposal. - Meet with clients, lending institution, and the Small Business Administration to discuss project and loan needs and to set up communication channels. - PCS will prepare package in final form, including all typing, organ- ization and distribution of proposal to lending institutions and ,.. ,the Small Business Administration. - Assist in the preparation of additional information requested by lending institutions or the Small Business Administration. - PCS will assist clients with preparation of all forms required by lending institutions or the Small Business Administration and after any financial commitments. - PCS will attend, if necessary, any closing conferences held with lending institutions or the Small Business Administration. The 5% or 10% injection of CDBG money will be provided only after the bank and SBA has committed to the project and the escrow has closed. The CDBG money will be drawn down as each' project is approved and loaned to the small business concern at 8% .interest rate. All loans, regardless of amount, shall be secured by. the legally appropriate security instruments. Depending on whether the 502 or 503 Program is used, the structure of the loan would be: The SBA 502 Program Federal Agency: Small Business Administration Objectives: For local development companies to provide long-term financing to small business concerns located in their areas. Local Develop- ment Companies are corporations chartered for the purpose of promoting economic growth within specific areas. To leverage private sector funds and assist business expansion. Types of Assistance: Guaranteed71nsured Loans C -: Page 6. Uses and Use Restrictions: Loans to local development companies are for the purchase of land, buildings, machinery, and equipment or for constructing, expanding, modernizing buildings. Loans are not available to local development companies to provide small businesses with working capital or for refinancing purposes. Loans to local development companies are for up to 25 years. Method : 90% long term financing provided by private lenders with up to 90% SBA guarantee arranged by the local development company. Funding on a typical $100,000 SBA 502 project would be as follows: Loan % of Interest Entity Amount Project Term Rate Security Private Lender $90,000 90% 25 Yrs. Prime Plus 1st Deed of Trust 2-3/4 if available SBA Guaranty $81, 000 (90% 25 Yrs. of bank loan) CDBG Money $ 5,000 5% 25 Yrs. 8% Subordinate Positio C.' Small Business $ 5,000 5% --- --- --- Conditions: Private lenders and the SBA have separate criteria for making loan determinations. The lender's standards are concerned with re- payment ability and the value of collateral. While usual lending standards may be somewhat relaxed for loans in the SBA 502 program due to limited lender exposure, nevertheless, businesses must be healthy, going-concerns in order to qualify. SBA conditions for participation in the 502 program in an urban area include: a. The applicant must be a "Small Business" as defined by SBA as follows: A business is "small" and eligible for assistance under the 502 program if it has less than $6 million net worth; and made less than $2 million net profit per year average the last two years. b. The applicant must not be readily eligible for bank financing in lieu of SBA participation. c. The applicant must have a credit record and appropriate business experience demonstrating a capacity and willingness to repay the rehabilitation loan. (Determined from financial statements and supported documentation included in loan package) . d. The proposed rehabilitation project must be financially as well as physically feasible. Page 7 . e. The applicant agrees to abide by all applicable Federal, State and Local laws pertaining to the prohibition of discrimination on the basis of sex, age, race, creed, color, class, national origin or ancestry in the use or occupancy of the property rehabilitated through participation in this program. f, The facility must be for the small business' own use. The SBA 503 Program Federal Agency: Small Business Administration Objectives: To assist in the expansion of small business concerns by providing long term financing. Certified Local Development Corporation must sponsor the project. Types of Assistance: Direct Loans, provided with private sector non-guaranteed loans. Uses and Use Restrictions: Loans to local development companies are for the purchase of land, buildings, machinery, and equipment or for constructing, expanding, modernizing buildings. Loans are not available to local development companies to provide small businesses with working capital or for refinancing purposes. Loans to local development companies are for C up to 25 years. Funding on a typical $100,000 SBA 503 Project would be as follows: Loan % of Interest Entity Amount Pro}act Term Rate Security Private Lender $50,000 50%. 25 Yrs. Market 1st Deed of Trust SBA Debenture $40,000 40% 25 Yrs. Tied to 2nd Deed of Trust (100% guaranteed Treasury Bond by SBA) Rates CDBG Money $ 5,000 5% 25 8% 3rd Deed of Trust Small Business $ 5,000 5% --- --- --- Conditions: Private lenders (unlike the SBA 502 Program, the 503 allows private individuals to lend, as long as they do not have a pecuniary interest in the business being assisted) and the SBA have separate criteria for making loan/ debenture determinations. The lender's standards are concerned with re- payment ability and the value of collateral. While usual lending standards may be somewhat relaxed for loans in the SBA 503 Program due to limited lender �._ exposure, nevertheless, businesses must be healthy, going-concerns in order to quality. SBA conditions for participation in the 503 Program in an urban area include: Page 8. a. The applicant must be a "Small Business" as defined by SBA as follows: A business is "small" and eligible for assistance under the 503 Program if it has $6 million or less net worth; and made $2 million or less net income after Federal income taxes for the preceeding two years (averaging net income computed with- out carryover loss) . b. The applicant must not be readily eligible for bank financing in lieu of SBA participation. c. The applicant must have a credit record and appropriate business experience demonstrating a capacity and willingness to repay the rehabilitation loan. (Determined from financial statements and supported documentation included in loan package) . d. The proposed rehabilitation project must be financially as well as physically feasible. e. The applicant agrees to abide by all applicable Federal, State and Local laws pertaining to the prohibition of discrimination on the basis of sex, age, race, creed, color, class, national origin or ancestry in the. use or occupancy of the property re- habilitated through participation in this program. f. , The facility must be for the small business' own use. C - The Than to the small business concern will be serviced by a bank. A service fee will be paid- to the bank out of money repaid to the County (PCS will help negotiate the service fee with the bank, this cost should be -minimal) . As the loan is repaid to the County, the money will be made available for other projects and thereby "recycled". The County's CDBG money will be drawn down as the individual projects are funded. The administrative fee will be paid monthly to Pacific Community Services. . Q Y • O • L7 U z a N N • r • W O D t— IL- Cn w� cc cc ONN = a E� a w w >- a na u,1 cc w ¢ U Z >< CL u. z � Q w O w O `� ►-� a m } E-+ >w LU N Z n Z 1- Z v O (Lc U > U N cC w �- w p LL. Ln u A N � p6 cc zJ J a N O > cn a C) N W o w O (n J > cc zu w O 0 a C) W Z w o a u -- w t-- 0 N IL � CL N ATTACHMENT Ranking of NPA's for Ecomomic Development Revolving Loan Fund Part A: Factors Considered Percent Households on Percent Very Low Income Score Public Assistance (1981) Score 0 - 3.9 1 0 - 19.9 1 4.-8.9 2 20 - 29.9 2 9 - 13.9 3 30 - 39.9 3 14 - 20.9 4 40 - 49.9 4 21 - 39.9 6 50 - 59.9 5 30 - 39.9 6 60 - 69.9 6 40+ 7 70+ 7 Percent Unemployment Score Percent Youth Unemployment Score 0 - 3.9 1 0 - .9 1 4 - 5.9 2 1 - 1.9 2 6 - 7.9 3 2 - 2.9 3 8 - 9.9 4 3 - 3.9 4 10 - 11.9 5 4 - 4.9 5 12 - 13.9 6 5 - 5.9 6 14+ 7 6+ 7 Source: 1975 Special Census and Contra Costa County Social Services Department JK:jal/M � I if PART B CRITERIA, SCORE AND RANKING OF NEIGHBORHOOD PRESERVATION AREAS o 0 0 L1. y d E d O d N r v O a o o �+ � 0 O O V 'y O 0 a1 Cn 04 19t &a N.P.A. Antioch 34.9 3 12.1 6. 3.1 4 18.0 4 17 5 Brentwood 41.7 4 17.7 7 2.8 3 17.7 4 18 4 Crockett 39.9 3 6.0 3 3.8 4 8.1 2 12 9 El Cerrito 22.4 2 4.5 2 1.6 2 6.8 2 8 11 Lafayette 22.2 2 4.9 2 1.4 2 2.4 1 7 12 Martinez 38.2 3 6.1 3 4.0 5 12.5 3 14 7 Montalvin Manor 15.6 1 10.5 5 3.3 4 11.5 3 13 8 Mountain View 31.1 3 7.8 3 3.4 4 11.1 3 13 8 North Richmond 73.0 7 16.1 7 6.5 7 53.8 7 28 1 Oakley-Sandhill 40.1 4 12.1 6 4.6 5 18.9 4 19 3 Pinole 17.8 1 4.3 2 1.3 2 7.7 2 7 12 Pleasant Hill 20.9 2 7.1 3 3.0 4 8.3 2 11 10 Rodeo 25.2 2 16.0 7 5.5 6 19.3 4 19 3 San Pablo 50.9 5 7.6 3 3.5 4 23.9 5 17 5 Vine Hill 22.9 2 15.0 7 3.7 4 12.4 3 16 6 West Pittsburg 39.3 3 15.0 7 4.3 5 33.6 6 21 2 JK:jal/M PART C NEIGHBORHOOD PRESERVATION AREAS IN RANK ORDER Score 1. North Richmond 28 2. West Pittsburg 21 3. Oakley-Sandhill 19 4. Rodeo 19 5. Brentwood 18 6. San Pablo 17 7. Antioch 17 8. Vine Hill 16 9. Martinez 14 10. Mountain View 13 Martinez Area 11. Montalvin Manor 13 12. Crockett 12 13. Pleasant Hill 11 14. E1 Cerrito 8 15. Lafayette 7 16. Pinole 7` JK:jal/M ANTOCN CR 94509 (415) .778-3491 CITY HALL THIRD AND H PO 130 April 5, 1982 Mr. Jim Kennedy Contra Costa County Planning Department County Administration Building, North Wing P.O. Box 951 Martinez, CA 94553 Dear Jim: We have reviewed your memo of March 22, 1982 entitled Implementation of the Economic Development Revolving Loan Program. The City has a basic concern with the footnote attached to Criteria 3. This concern centers on the fact that the AEDC is not certified to participate in the SBA 503 program. This lack of certification means that as the criteria is presently established no business in the Antioch NPA would be able to avail itself of assistance pro- vided by a 503 loan. While the City recognizes that duplications of services must be eliminated as in the case of the 502 program, no such duplication exists for 503. It should also be noted that it is unlikely that the AEDC will ever be certified as a 503 corporation since the SBA is restricting the number of such certifications and has established a number of conditions such as fulltime staffing that the AEDC will not be able to comply with in the near future. During the processing of the three year program under which PCSI is receiving these funds, the City was repeatedly assured that an equal opportunity to par- ticipate in funding programs would be afforded our small business community. Thus, it seems that the footnote must be changed to indicate that unnecessary duplication within the 502 program be eliminated but that full participation for 503 projects through PCSI be allowed. The attachment to your memo from PCSI shows graphically the need for having the 503 program available. Should you have any questions on these comments, Jim Jakel will be in attend- ance at the April 7, 1982 meeting. J G A t Services RV/JJ:lam cc: Supervisor Tom Torlakson STATE OF CALIFORNIA —, ss. County o(_ Ai /�.2 On this___ :2.0--_—day of_�_. ~' m he year One Thousand Nine Hundred and Q be(or�s- —l.1[ - '/moi .L --a Notary Public in and for i the------ County of—C _ State of California OFFICU SEAL residing therein, duly commissioned and sw rn, crsonall appeared WARY PUBLIC•CAL.'FOZNIA r�*�����' MY. COMMISSIOO N EXP. 12116185 CONTRA COSTA COUNTY "' known to a to be SALLY SMITH of the corporation described in and that executed the within instrument, and also known to me to be the person4.who executed it on behalf of the corporation therein named,and_.__th_ey_ acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I haveAhere4nto set my hand and affixed my Official Seal,at my office in the- _--Counry'of th day and y ar in this certificate first above written. I "-d // y �/�•�,� ACKNOWLEOCEMENY--CORPORATION (FVHPEF'S-1086) Notary Public to and for the-_._ _County of_.].RG_ r' State 0f California • PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1. Agreement Identification. Number 7 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: Pacific Community Services, Inc. Address: P 0 Box 1397 Pittsburg, CA 94565 3. Term. The effective date of this Agreement is April 1, 1982 and it terminates March 31, 1983, unless sooner terminated as provided herein, subject to all terms, conditions, and assurances contained or incorporated herein. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement shall not exceed $ 40,000 5. County's Obligations. County shall make those allocation payments to the contractor descirbed in the "Payment Provisions" attached hereto which are incorporated herein by reference, subject to all terms, conditions, and assurances contained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the "General Conditions" and the "Assurances" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Community Development Block Grant Program Application dated February 2, 1982, and approved by HUD on April S. 1983 ; and as more particularly described in the "Project Work Program", attached hereto. 9. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By: Chair--. By. Chair--. Board of Supervisors Desigin rganization)n e Official Cap acit ATTEST: J. R. OLSSON, County Clerk By:- . Lj &""/ BY: A2Designate Offici Capacity eputy in Organiz ion) Recommen d by Dep tment ote to Contractor: "11_ (101 1 If a public agency, designate official capacity in public agency and attach a certi- B,Y: / fied copy of the governing body resolution L/ V Antliony A. Deha&ts authorizing execution of this agreement. 170 (2) All others: Execute acknowledgment Form Approved: County Counsel form above, and if a corporation, designate official capacity in business, execute acknow- By: ledgment form and affix corporation seal. Deputy' s (Affix Appropriate Acknowledgement Form) D#8 ASSURANCES/CERTIFICATIONS The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally assisted program. Also, the grantee gives assurances and certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission and to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and and authorizing the person identified as the official represen- tative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. 3. That prior to submission of its final statement to HUD, the grantee has met the citizen participation requirements, prepared its final statement of community development objectives and projected use of funds, and made the final statement available to the public, as required by section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; 4. It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of section 104(c)(1) of the Housing and Community Development Act of 1974, as amended. 5. Its chief executive officer and other officer of the grantee approved by HUD: (a) Consents to assume the status of a responsible Federal official under the "National Environmental policy Act of 1969 and other authorities as specified in 24 CFR 58.1(a)(3); (b) Is authorized and consents on behalf of the grantee and himself/herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his-her responsibilities as such an official; and 6. The grant will be conducted and administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations issued at 24 CFR Part 1; (b) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, and implementing regulations; (c) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto (24 CFR Section 570.601); (d) Section 3 of the housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135; (e) Executive Order 11246, as amended by Executive Orders 11375 and 12086 and implementing regulations issued at 41 CFR Chapter 60; (f) Executive Order 11063 as amended by Executive Order 12259 and imple- menting regulations at 24 CFR Part 107; (g) Section 405 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended and implementing regulations when published for effect; (h) The Age Discrimination Act of 1975, as amended, (Pub. L. 94-135) and implementing regulations when published for effect; (i) The labor standards requirements as set forth in 24 CFR 5 570.605 and HUD regulations issued to implement such reuirements; (j) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution; (K) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; Page �2 7. No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; 8. It will comply with the provisions of the Hatch Act which limits the political activity of employees; 9. It will give HUD and the Controller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; 10. It will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations at 24 CFR Part 42 and Section 570.602 apply to any acquisition of real property by the contractor that is carried out for an activity assisted under this Part and to the displacement of any family, individual, business, non-profit organization or farm that results from such acquisition. 11. It will comply with the lead based paint requirements of 24 CFR Part 5 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) 12. It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under 24 CFR 570 to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by , the Physically Handicapped," Number A-117. 1-R 1971, subject to the exceptions contained in 41 CFR 101-19.604. The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 13. It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of Archeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et. seq.) by: (a) Consulting with the State Historic Preservation Officer to identify pro- perties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the proposed activity, and _ (b) Complying with all requirements established by HUD to avoid or mitigate adverse effects upon such properties. 14. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 03-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 15. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. SE:jal/la GENERAL CONDITIONS • 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220; Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows: (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) . Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such'title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. -Page 2 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially change the Payment Provisions or the Project Work Program. (c) Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an extension of time for performance, beyond that time specified above under "Term" (Paragraph 3). Any such extension must be in writing and shall be at the sole discretion of the County. 9. Disputes. Disagreements between the County and Contractor concerning the meaining, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the Federal Government. 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the law of the State of California. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement.. The original copy of this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the' list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". • Page 3 17. Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No person will publish or disclose or permit or cause to be pulbished or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by alw may be guilty of a misdemeanor. 18. Indemnification. (a) Contractor hereby waives all claims and recourse against the County including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of County, its officers, agents and employees. (b) The Contractor shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, 'Eonstruction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liability Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. Page 4 21. Available Copies. Copies of the County's Project documents (as specified in Paragraph 8, Project, of this Agreement), and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly vested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction of plans and speci- fications shall be reviewed and approved by the Contractor before construction is com- menced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such real property shall be determined in accordance with the requirements contained in Department of Housing and urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County. _pontractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment. SE:jal/la � Y PAYMENT PROVISIONS 1. Payment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall bo' 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 wi;l pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, 5ut subject to the "Budget of Estimated Program Expenditures" contained in the Project WoMc 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. 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 P£;ragzagph 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 tale allowable costs that have actually been incurred by Contactor under this Agreement exce-ad 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. 10. Payment Specifications. Subject to the following payment specifications, the County will pay Contractor the following fees: (Housing Counseling Component only) (a) $41444 total fixed fee payment, payable monthly in accordance to the fee payment schedule in Item II., Fixed Fee Payments, below. (b) Monthly Services Report. Contractor shall submit with monthly demand for payment a Monthly Services Report which documents performance of Contractor in attaining program goals as specified in Section C of the Project Work Program. In the event Contractor's performance indicates a shortfall in achieving project goals, Contractor shall provide County with such written documentation which justifies submittal of the demand. 11. Fixed Fee Payment Schedule. The'above program budget shall be subject to the following fixed fee payment schedule for the line items of Administration and Services providing the Contractor submits demands at least 6 working days prior to payment date: Payment Date Period Total Quarterly August 14, 1982 July 1 - July 31, 1982 $49444 September 15, 1982 August 1 - August 31, 1982 49444 October 15, 1982 September 1 - September 30, 1982 49444 13,332 November 15, 1982 October 1 - October 31, 1982 4,444 December 15, 1982 November 1 - November 30, 1982 4,444 January 15, 1983 December 1 - December 31, 1982 49444 139332 February 15, 1983 January 1 - January 31, 1983 42444 March 15, 1983 February 1 - February 28, 1983 49444 April 15, 1983 March 1 - March 31, 1983 49448 13,336 Total $40,000 13. Program Specifications. Contractor shall provide a Comprehensive Housing Service Program to serve residents of Supervisorial District V, providing direct services to low and moderate income persons and households as follows: landlord/tenant relations; housing discrimination; mortgage default and delinquency counseling; and information and referral services. DF:jal/la 4/26/82 P4ge 2 • EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1982-1983 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 7. Comprehensive Housing Service Program to serve residents of Supervisorial District V Program providing direct services to low and moderate income persons and households regarding landlord/tenant relation, fair housing, mortgage default and delinquency coun- seling, information and referral services. I ;1 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. r. .. Work Item Start Date Completion Date Continuation of Comprehensive July 1, 1982 March 31, 1983 Housing Service Program to provide following services: 1. Dissemination of Couseling Program Information 2. Mortgage Default and Delinquency 3. Fair Housing Services 4. Rent Payment Delinquency 5. Tenant/Landlord Mediation 6. Information and Referral 7. Developments of Monthly Progress Reports on Services Rendered 8. Development of New Funding Sources C. PROJECT GOALS Contractor shall define project objectives. Project goals will vary depending upon the type of project. Define project objectives. Project goals will vary depending upon the type of project. Comprehensive Housing Services Program - Provision of services to 350 cases including 125 mortgage default and delinquency cases, 15 rent payment delinquency cases, 70 tenant/landlord relationship cases and 140 information and refereal services by March 31, 1983. Page 3 • PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS Contractor should indicate, where applicable, what performance standards (details of project implementation) will be applied in implementing the Work Prograt . 1. In all contracts, purchase agreements, invoices entered the contractor shall comply with all applicable provisions contained in the County's "Guide for Compliance with Assurances and Certifications Under the Housing and Community Development Act". 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the contractor shall comply with the provisions of and oh/«ain 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 formis. are available from the County Planning Department. 3. In the Comprehensive Housing Counseling Program, comply with all applicable Federal regulations as contained in OMB Circular A-122, "Cost Principals for Non-Profit Organizations" in the determination of allowable costs inthe administration and provision of services of this activity. 4. Records will be kept and monthly reports made and submitted to the County Planning Department providing the following information: a. Total contacts and counseling sessions - whether landlord, tenant, homeowner, agency. b. Geographical resident of client. c. Types of requests, other needs. d. Result of contact with PEHDC. e. Participation of clients, volunteers, staff in training programs, workshops, classes. f. Reports on other funding proposals, their results. 5. 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 0 and other applicable HUD regulations. 6. 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. Is'. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Tom La Fleur, Housing Director Richard Beyer, Executive Vice-President Pacific Community Services Corporation 501 Railroad Avenue P.O. Box 1397 Pittsburg, CA 94565 439-1056 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 r_c�hieving stated work program objectives and to assist Contractor's staff in solving problaiiis. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monito Ing and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 7 Pacific Community Services Corporation P 0 Box BUDGET PERIOD: April 1, 1982-March 31, 1983 Pittsburg, CA 94565 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ = Total- $ 7. Housing Counseling Services $40,000-...-- -0- $40,000 Housing Counseling Component - Personnel Salaries Fringe Benefits Travel Expenses Space - Office Equipment & Utilities - Materials $ Supplies - Contract Services - Training $ Development - Program & Administrative Costs e TOTAL $40,000 -0- $409000 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. 3 Pacific Cbmrriunity Services 501 RAILROAD AVENUE P.O. BOX 1397 PITTSBURG, CALIFORNIA 94565 (415) 439-1056 RESOLUTION # 82-005 BE IT RESOLVED that the Board.of Directors of Pacific Community Services, Incorporated (PCSI) does authorize PCSI to enter into Agreements with Contra Costa County as follows: AGREEMENT IDENTIFICATION NUMBER 1, effective April 1, 1982, terminates March 31, 1983, not to exceed $207,000. AGREEMENT IDENTIFICATION NUMBER 5, effective April 1, 1982, terminates March 31, 1983, not to exceed $150,000. AGREEMENT IDENTIFICATION NUMBER 7, effective April 1, 1982, starting date of July 1, 1982, not to exceed $40,000. BE IT FURTHER RESOLVED that the Board of Directors of PCSI does hereby approve and authorize Harry Freed, President and Richard Beyer, Executive Vice-President to execute the subject Contract Agreements with Contra Costa County on behalf of PCSI. I HEREBY CERTIFY that the above and foregoing Resolution was duly passed by the Board of Directors of PCSI at a regular meeting held on the day of __, 1982, by the following vote: AYES: D NOES: Q ABSENT: S BY: r Secretary /q` CONTRA COSTA COUNTY Contra Costa County PLANNING DEPARTMENT RECEIVED JUN - 1 1982 TO: M. G. Wingett DATE: May 281982 Office of County Administrator County Administrator Three Eighth Year (1982-83) FROM: Anthony A. Dehaesu" SUBJECT: Community Development Block Director of Plannj' Grant Agreements with Pacific i Community Services , Inc. Attached please iind five copies each of three separate agreements with Pacific Community Services, Inc. for the following projects and their respective payment limits : Activity # Description Payment Limit 1 Housing Development $207,000 Assistance Land Acquisition 5 Economic Development $150,000 Revolving Fund 7 Housing Counseling $ 409000 These agreements have been approved by the Board of Directors of Pacific Community Services, Inc. and County Counsel ' s Office. Please place these items on the agenda for the next Board meeting. A draft Board Order is also attached. AAD:gg Attachments C;5 ] cc: County CounselAuditor/Controller THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8 , 1982 by F g th�Ilowi vote: AYES: Supervisors Powers , Fanden , Schroder. NOES: ABSENT: Supervisors Torlakson , McPeak. ABSTAIN: SUBJECT: Project Agreement with the City of Brentwood for the Eighth Year (1982-83) Community Development Block Grant Program, Activity #19 - Water Line Replacement. The Board having heard the recommendation of the Director of Planning that it approve the Community Development project program agreement with the City of Brentwood for Activity #19 - Water Line Replacement with a payment limit of $100,000. IT IS BY THE BOARD ORDERED that the above recommendation is approved and that its Chair is authorized to execute said agreement. 1"Mby pertly that thls Ila true and correetoopyal an action taken and entered on the minutes of the Board of Supervisors on the date shown. �^ ATTESTED: --JUN 81982 J.R. Chi.. =;;r r: :_'N`7_y CRERK and ex cft;ii'o�%:tark or the Board —., Deputy C. Matthews Orig. Dept.: Planning cc: County Administrator County Counsel Auditor-Controller Contractor PA PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1. Agreement Identification. Number 19 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 Brentwood Address: 708 Third Street Brentwood, CA 94513 3. Term. The effective date of this Agreement is TP 8 1982 and itterminatesMarch3l,. 1983, unless sooner terminated as provided herein , subject to all terms, conditions, and assurances contained or incorporated herein. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement shall not exceed $100,000 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 "Assurances" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Community Development Block Grant Program Application dated February 2, 198 and approved by HUD on April 5, 1982 , and as more particularly described in the "Project Work Program", attached hereto. 9. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By: / �i� mac_- By: \/1AA Chair, Board 6f Supervisors Designate Official Capacity ATTEST: J. R. OLSSON, County Clerk in OOjrggaan�ization) By: zt/,6 By: eputy esignate O ficial apaeity in Organization) Recomm,dpded by Dep tment Note to Contractor: (1) If a public agency, designate official i capacity in public agency and attach a certi- Ant ony A. Deh sus fied copy of the governing body resolution authorizing execution of this agreement. orm Approved: C unty Counsel (2) All others: Execute acknowledgment �s form above, and if a corporation, designate official capacity in business, execute acknow- By: "^"s`" ledgment form and affix corporation seal. Deputy (Affix Appropriate Acknowledgement Form) n�R ASSURANCES/CERTIFICATIONS The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally assisted program. Also, the grantee gives assurances and certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission and to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and and authorizing the person identified as the official represen- tative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. 3. That prior to submission of its final statement to HUD, the grantee has met the citizen participation requirements, prepared its final statement of community development objectives and projected use of funds, and made the final statement available to the public, as required by section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; 4. It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of section 104(c)(1) of the Housing and Community Development Act of 1974, as amended. 5. Its chief executive officer and other officer of the grantee approved by HUD: (a) Consents to assume the status of a responsible Federal official under the National Environmental policy Act of 1969 and other authorities as specified in 24 CFR 58.1(a)(3); (b) Is authorized and consents on behalf of the grantee and himself/herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his-her responsibilities as such an official; and 6. The grant will be conducted and administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations issued at 24.CFR Part 1; (b) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, and implementing regulations; (c) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto (24 CFR Section 570.601); e (d) Section 3 of the housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135; (e) Executive Order 11246, as amended by Executive Orders 11375 and 12086 and implementing regulations issued at 41 CFR Chapter 60; (f) Executive Order 11063 as amended by Executive Order 12259 and imple- menting regulations at 24 CFR Part 107; (g) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended and implementing regulations when published for effect; (h) The Age Discrimination Act of 1975, as amended, (Pub. L. 94-135) and implementing regulations when published for effect; (i) The labor standards requirements as set forth in 24 CFR S 570.605 and HUD regulations issued to implement such reuirements; (j) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution; (K) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use.of Federal funds under this federally-assisted program; Page 2 f 7. No member, officer, or employee of the Grantee, or its designees or.agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work t to be performed in connection, with the program assisted under the Grant, and that it shall i incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; 8. It. will comply with the provisions of the Hatch Act which limits the political activity of employees; r 9. It will give HUD and the Controller General or any authorized representatives �. access to and the right to examine all records, books, papers, or documents related to the grant; 10. It will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations at 24 CFR Part 42 and Section 570.602 apply to any acquisition of real property by the. contractor that is carried out for an activity assisted under this Part and to the displacement of any family, individual, business, non-profit organization or farm that results from such acquisition. 11. It will comply with the lead based paint requirements of 24 CFR Part 5 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) ! 12. It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under 24 CFR 570 to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by , the Physically Handicapped," Number A-117. 1-11 1971, subject to the exceptions contained in 41 CFR 101-19.604. The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 13. It will, in connection with its performance of environmental assessmoents under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of Archeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et. seq.) by: (a) Consulting with the State Historic Preservation Officer to identify pro- perties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the proposed activity, and (b) Complying with all requirements established by HUD to avoid or mitigate adverse effects upon such properties. 14. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 03-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 15. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. i c SE:jal/la GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all i 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 g 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 i 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, i 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. t 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 t Contractor within thirty (30) days after 'receipt of written notice from the Cbunty, 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 ` • j f: i 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad-' ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially change the Payment Provisions or the Project Work Program. (c) Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra R` 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. r 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 t, 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 r valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". { Page 3 • • 17. Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: r' (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. G (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 c 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. 4 Page 4 y` 21. Available Copies. Copies of the County's Project documents (as specified in Paragraph 8, Project, of this Agreement), and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly vested in the Contractor remain in the County: 23. Project Development. 5 (a) If the Project includes construction, the construction of plans and speci- fications shall be reviewed and approved by the Contractor before construction is com- menced. (b) The Contractor shall secure completion of the construction .work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such real property shall be determined in accordance with the requirements contained in Department of Housing and urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be i submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment. SE:jal/la • i E 1 ' P PAYMENT PROVISIONS 1. Payment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are p 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. is 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. I- 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-1.22, "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 F 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 i 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. r 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 C 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 r Page 2 • • EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1982-1983 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 19. Replace existing water main in central Brentwood from the alleyways in residential and commercial areas, which now run parallel to the sewer system, to run along the main streets of the city away from sewer lines. 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 Engineering/Design May, 1982 June, 1982 Advertise Bid July, 1982 July, 1982 Award August, 1982 Construction August, 1982 September, 1982 C. PROJECT GOALS Contractor shall define project objectives. Project goals will vary depending upon the type of project. Improve water main system for health and safety. Improvement will result in better water pressure and flow for fire protection. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS Contractor should indicate, where applicable, what performance standards (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD regulations including Equal Opportunity and Section 3 provisions, as provided in Assurance No. 3 and Appendix VI of 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 Management and Budget (OMB) Circular 1-102, attach- ment 0 and any other applicable HUD regulations. 4. In all construction contracts over $2,000 enforce and administer Labor Standards Requirements in accordance with Title 1 of the Housing and Community Development Act of 1974, HUD Handbook 6500.3 - Labor Standards Administration Enforcement, Com- munity Development Block Grant Program, and as provided in Assurance No. 14, Appendices VIII - XIII of the Compliance Guide cited. 5. All construction contracts over $10,000 shall be in compliance with bid procedures contained in Assurance No. 3 and Appendix IV of the Compliance Guide cited. 6. All construction contracts over $100,000 shall be in compliance with the bonding and insurance requirements contained in OMB A-102 Attachment B, and with the requirements of the Clean Air Act and Federal Water Pollution Control Act. 7. Ensure that access to the handicapped will be provided in accordance with the require- ments of the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1071. 8. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 9. Transmit to the County Planning Department a copy of all construction contracts over $2,000 prior to the contract being advertised to ensure that all appropriate requirements and provisions have been included. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. John Jones, City Engineer City of Brentwood 708 Third Steet Brentwood, CA 94513 634-3505 Page 4 • • PROJECT WORK PROGRAM F. PROGRAM MONITORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representatives, where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 19 City of Brentwood 708 Third Street Brentwood, CA 94513 BUDGET PERIOD: April 1, 1982-March 31, 1983 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ = Total - $ 19. WATER LINE REPLACEMENT $100,000 -0- $100,000 Design/Engineering Architect Specification/Bid Package Advertisement Construction TOTAL $100,000 e -0- $100,000 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 (e) above including both Community Development and non- Community Development funds. (e) Contract Payment Limit for CD project. RESOLUTION NO. 82-20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING EXECUTION OF THE PROJECT AGREEMENT FOR THE COMMUNITY DEVELOPMENT.. BLOCK _ GRANT PROGRAM WITH THE COUNTY OF CONTRA COSTA TO IMPLEMENT THE HOUSING AND COi-iMUNITY DEVELOPMENT ACT OF 1974s AS AMENDED. r The City Council of the City of Brentwood does hereby resolve as follows: SECTION 1 . The Brentwood City Council approves the Community Development Block Grant Program Project Agreement with the County of . Contra Costa in the amount of $100,000 for Activity #19 - water main replacement in downtown Brentwood pursuant to Title I of the Housing and Community Development Act of 1974, as amended. SECTION 2. The Mayor is hereby approved and authorized to execute the Project Agreement with the County of Contra Costa on behalf of,the City of Brentwood. SECTION 3. This resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED by the City Council of the City of Brentwood at its regular meeting on Tuesday, May 25, 1982, by the following vote: AYES: Councilmen Gambel , Guise, Ghiselli , Palmer and Mayor Moore NOES: None ABSENT: None Approved: IRoger P. Moore, Mayor I tf f G"�i:y C'a.:; of t:-,e City of Brentwood , hereby certify that this is a true cnd correu copy of Resolulion No. 'V2�z U of the City Council of the City of Brentwood, adopted on 3 - �2 r - . OG- City Clerk Date; • r /y/ ..,sta County CONTRA COSTA COUNTY JUN - 1 PLANNING DEPARTMENT 19EZ . Office of County Administrator TO: M.G. Wingett DATE: June 1, 1982 County Administr Eighth Year (1982-83) Community Development Anthony A. DehaeBlock Grant Program FROM:1 Director of PlanniSill, SUBJECT: project Agreement City of Brentwood Attached please find five copies of the Eighth Year (1982-83) Community Development Block Grant program project agreement with the City of Brentwood for implementation of Activity #19 - Water Line Replacement with a payment limit of $100,000. This agreement has been approved by the Brentwood City Council and County Counsel's Office. A draft Board Order is also attached. Please place this item on the agenda for the next Board meeting. AAD:jal/#1Min.EY Attachments cc: County Counsel Auditor-Controller REE E® JUN 1987_ - OLSSON CL RD OF SUPER BOR3 - j� THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 8 1982 b the following Adopted this Order on y g vote: AYES: Supervisors Powers , Fanden, Schroder , NOES: ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: SUBJECT: Project Agreement with the City of Antioch for the Eighth Year (1982-83) Community Development Block Grant Program, Activity #18 - Water Line Replacement. The Board having heard the recommendation of the Director of Planning that it approve the Community Development project program agreement with the City of Antioch for Activity #18 - Water Line Replacement with a payment limit of $112,000. IT IS BY THE BOARD ORDERED that the above recommendation is approved and that its Chair is authorized to execute said agreement. hereby certify that this is a true and correctcopyof an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: JUN 81982 J.R. OLS'' 3.=J; Cr,,.;NTV CLERK. and ex of-"Wo ' er:A of the Board . Deputy 0. MattheWS Orig: Dept.: Planning cc: County Administrator County Counsel Auditor-Controller Contractor PG Y M ' PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1. Agreement Identification. Number 18 Department: County Planning Department Subject: Allocation of Federal funding under Title I of the Housing and Community Development Act of 1974, as 4mended 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 and H P 0 Box 130 3. Term. Antioch, CA 94509., The effective date of this Agreement is April 1, 1982 and it terminates March 31, 1983, unless sooner terminated as provided herein, subject to all terms, conditions, and assurances contained or incorporated herein. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement shall not exceed $ 112,000 5. County's Obligations. County shall make those allocation payments to the contractor descirbed in the "Payment Provisions" attached hereto which are incorporated herein by reference, subject to all terms, conditions, and assurances contained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the "General Conditions" and the "Assurances" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Community Development Block Grant Pro ram Application dated February 2, 1982 , and approved by HUD on April 5, 198 ; 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: I\ � C�' ` '`�` C By: i Chair, Board of Supervisors Designate Official Capacity ATTEST: J. R. OLSSON, County Clerk in Organization) By: ( � ���_�_Ai(QCI� By: VERNE L. ROBERTS Mayor De uty Designate Official Capacity in Organization) Recommende y Depar ent 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 / Anthol'y . Dehaes s authorizing execution of this agreement. Form Approved: Cou ,(4y Counsel (2) All others: Execute acknowledgment V form above, and if a corporation, designate ?� el"'_.:. :-, " " official capacity in business, execute acknow- By: ledgment form and affix corporation seal. �'" eputy (Affix Appropriate Acknowledgement Form) D#8 ASSURANCES/CERTIFICATIONS The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally assisted program. Also, the grantee gives assurances and certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission and to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and and authorizing the person identified as the official represen- tative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. 3. That prior to submission of its final statement to HUD, the grantee has met the citizen participation requirements, prepared its final statement of community development objectives and projected use of funds, and made the final statement available to the public, as required by section 104(a)(2) of the Housing and Community Development Act of 1974, as amended;, 4. It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of section 104(c)(1) of the Housing and Community Development Act of 1974, as amended. 5. Its chief executive officer and other officer of the grantee approved by HUD: (a) Consents to assume the status of a responsible Federal official under the National Environmental policy Act of 1969 and other authorities as specified in 24 CFR 58.1(a)(3); (b) Is authorized and consents on behalf of the grantee and himself/herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his-her responsibilities as such an official; and 6. The grant will be conducted and administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations issued at 24 CFR Part 1; (b) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, and implementing regulations; (c) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto (24 CFR Section 570.601); (d) Section 3 of the housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135; (e) Executive Order 11246, as amended by Executive Orders 11375 and 12086 and implementing regulations issued at 41 CFR Chapter 60; (f) Executive Order 11063 as amended by Executive Order 12259 and imple- menting regulations at 24 CFR Part 107; (g) Section 405 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended and implementing regulations when published for effect; (h) The Age Discrimination Act of 1975, as amended, (Pub. L. 94-135) and implementing regulations when published for effect; (i) The labor standards requirements as set forth in 24 CFR 5 570.605 and HUD regulations issued to implement such reuirements; (j) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution; (K) The regulations, policies, guidelines and requirements of OMB Circular Nos. A=102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; Page 2 7. No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; 8. It will comply with the provisions of the Hatch Act which limits the political activity of employees; 9. It will give HUD and the Controller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; 10. It will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations at 24 CFR Part 42 and Section 570.602 apply to any acquisition of real property by the contractor that is carried out for an activity assisted under this Part and to the displacement of any family, individual, business, non-profit organization or farm that. results from such acquisition. 11. It will comply with the lead based paint requirements of 24 CFR Part 5 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) 12. It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under 24 CFR 570 to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by , the Physically Handicapped," Number A-117. 1-11 1971, subject to the exceptions contained in 41 CFR 101-19.604. The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 13. It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of Archeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et. seq.) by: (a) Consulting with the State Historic Preservation Officer to identify pro- perties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the proposed activity, and (b) Complying with all requirements established by HUD to avoid or mitigate adverse effects upon such properties. 14. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 03-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phase "Federal financial assistance" includes any form of loan, .grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 15. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. SE:jal/la GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows: (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. Page 2 • 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially change the Payment Provisions or the Project Work Program. (c) Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an extension of time for performance, beyond that time specified above under "Term" (Paragraph 3). Any such extension must be in writing and shall be at the sole discretion of the County. 9. Disputes. Disagreements between the County and Contractor concerning the meaining, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the Federal Government. 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the law of the State of California. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement. The original copy of this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". Page 3 17. Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No person will publish or disclose or permit or cause to be pulbished or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by alw may be guilty of a misdemeanor. 18. Indemnification. (a) Contractor hereby waives all claims and recourse against the County including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of County, its officers, agents and employees. (b) The Contractor shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, Eonstruction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liability Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. Page 4 21. Available Copies. Copies of the County's Project documents (as specified in Paragraph 8, Project, of this Agreement), and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly vested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction of plans and speci- fications shall be reviewed and approved by the Contractor before construction is com- menced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such real property shall be determined in accordance with the requirements contained in Department of Housing and urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County. ,pontractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment. SE:jal/la PAYMENT PROVISIONS 1. Payment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the-project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. Page 2 The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contactor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, "if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jal/la 3/16/82 Page 2 . EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1982-1983 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION Construct a twelve inch A.C.W.M. in West 6th Street that runs between "L" and "G" Streets (approximately 1,760 LF). Project to be done in conjunction with City installation of twelve inch A.C.W.M. in West 6th Street that runs between "L" and "M" Streets (approximately 360 LF). # Asbestos Cement I•later 'Main _ B. PROJECT TIME SCHEDULE Time Schedule on a month-by-month basis for the above Project indicating when major activity items are expected to be undertaken and completed. Work Item Start Date Completion Date Plans/Specifications April, 1982 May 10, 1982 Advertize Bid May 11, 1982 June 7, 1982 Award Contract June, 1982 June, 1982 Construction June 21, 1982 August 31, 1982 C. PROJECT GOALS Contractor shall define project objectives. Project goals will vary depending upon the type of project. Complete major water circulation system in the downtown area. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS Contractor should indicate, where applicable, what performance standards (details of project implementation) will be applied in implementing the Work Program . 1. In all contracts, purchase agreements, invoices entered, comply with appropriate •HUDI regulations including Equal Opportunity and Section 3 provisions, as provided in Assurance, No. 3 and Appendix VI of 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 Management and Budget (OMB) Circular 1-102, attach- ment 0 and any other applicable HUD regulations. 4. In all construction contracts over $2,000 enforce and administer Labor Standards Requirements in accordance with Title 1 of the Housing and Community Development Act of 1974, HUD Handbook 6500.3 - Labor Standards Administration Enforcement, Com- munity Development Block Grant Program, and as provided in Assurance No. 14, Appendices VIII - XIII of the Compliance Guide cited. 5. All construction contracts over $10,000 -shall be in compliance with bid procedures contained in Assurance No. 3 and Appendix IV of the Compliance Guide cited. 6. All construction contracts over $100,000 shall be in compliance with the bonding, and insurance requirements contained in OMB A-102 Attachment B, and with the requirements of the Clean Air Act and Federal Water Pollution Control Act. 7. Ensure that access to the handicapped will be provided in accordance with the require- ments of the "American Standard Specifications for Making. Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1071. 8. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for: Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 9. Transmit to the County Planning Department a copy of all construction contracts over $2,000 prior to the contract being advertised to ensure that all appropriate requirements and provisions have been included. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the `York Program. Andy Coulson Ron Ward City of Antioch City Hall, Third and H P.O. Box 130 Antioch, CA 94509 778-3491 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 problUns. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitor ng and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: City of Antioch ACTIVITY NUMBER: 18 City Hall Third and H Antioch, CA 94509 BUDGET PERIOD: April 1, 1982-March 31, 1983 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ = Total - $ 18. WATER LINE REPLACEMENT $112,000 $56,000* $168,000 Develop Plans/Specifications Engineering/Design Advertise Bid Construction Administration * City Water Funds TOTAL $112,000 e $56,000 $168,000 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. RESOLUTION NO. 82/74 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH AUTHORIZING EXECUTION OF THE EIGHTH YEAR (1982-83) PRO- JECT AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF CONTRA COSTA TO IMPLEMENT THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 19749 AS AMENDED BE IT RESOLVED by the City Council of the City of Antioch that: 1. The Antioch City Council approves the 1982-83 Year Community Development Block Grant Program Project Agreement with the County of Contra Costa in the amount of $112,000 to implement the Housing and Community Development Act of 1974, as amended; and 2. The Antioch City Council approves the activities and allocations in the 1982-83 Year Community Development Block Grant Program Project Agreement as contained in "EXHIBIT A - Project Work Program"; and 3. The Mayor is hereby approved and authorized to execute the 1982-83 Year Project Agreement with the County (� of Contra Costa on behalf of the City of Antioch; and 4. This resolution shall become effective immediately upon its passage and adoption. I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of, the City of Antioch at a regular meeting thereof, held on the 25th day of May, 1982, by the following vote: AYES: Council Members Pierce, Fontana, Catanzaro, Keller and Mayor Roberts NOES: None ABSENT: None CI Y CLERK OF E CITY OF N ICH CONTRA COSTA COUNTY PLANNING DEPARTMENT M.G. Wingett June 1, 1982 TO: County Administrat DATE: Eighth Year (1982-83) Community Development FROM: Anthony A. Dehae I SUBJECT: Block Grant Program Director of Planni �� Project Agreement with the City of Antioch I Attached please find five copies of the Eigth Year (1982-83) Community Development Block Grant program project agreement with the City of Antioch for implementation of Activity #18 - Water Line Replacement with a payment limit of $112,000. This agreement has been approved by the Antioch City Council and County Counsel's Office. A draft Board Order is also attached. Please place this item on the agenda for the next Board meeting. AAD:jal/#1Min.EC Attachments pp nncc `' I CEI V E® cc: County Counsel k G Auditor-Controller JUN O 1982 J.R OLSSON CLEfi B D OF SUPEggISORS jy L�+� Deputy Contra Costa County RECEIVED -! 0a��y imi THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8. 1982 by the following vote: AYES: Supervisors Powers , Fanden, Schroder . NOES: ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: SUBJECT: Project Agreement with Orinda Senior Village, Inc. for the Eighth Year (1982-83) Community Development Block Grant Program, Activity #30 - Public Improvements for Senior Housing Project. The Board having heard the recommendation of the Director of Planning that it approve the Project Agreement with Orinda Senior Village, . Inc. for imple- mentation of Activity #30 - Public Improvements for Senior Housing Project with a payment limit of $103,000; IT IS BY THE BOARD ORDERED that the above recommendation is approved and that its Chair is authorized to execute said agreement. hereby certify that this is a true and correct copy►etl an action taken and Entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: _- JUN 81982 J.R. OLSSt3;.� COUNTY CLERK and ex officio oerik of the Board Deputy C. MattheWS Orig: Dept.: Planning cc: County Administrator Auditor-Controller County Counsel Contractor 1 4 STATE OF CALIFORNIA, ) fl -A ( ss. i COUNTY OF ON n y 2v 1s beforeem he undersigned a Notary Public in and for said State, personally appeared RA c_ IBJ JiVA L i> AAl D Prc.iAifi�/� 1200 V/( , known to me to be the n71ES1/76�.V7- A-^1 ✓t'e— nn._5 /,7EvT of the.__ag _ZAII>A 5J: /r� / the Corporation that executed the within Instrument, known o me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. =- CALIFORNIA EAL EI& NOTFARY UDILLLIFORNIAWITNESS my hand antl official seal. ALANTYEP 11, 1982 2 Notary Public in and for said State. ACKNOWLEDGMENT—Corporation—Wolcotts Form 212—Rev. 364 PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1. Agreement Identification. Number �n 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: Orinda Senior Village, Inc. Address: 10 Irwin Way Orinda, CA 94563 3. Term. The effective date of this Agreement is June 8, 1982 and it terminates March 31,. 1983, unless sooner terminated as provided herein, subject to all terms, conditions, and assurances contained or incorporated herein. 4. _Allocation Payment Limit. County's total payments to Contractor,under this Agreement shall not exceed $ 103,000 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 "Assurances" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Community Development Block Grant Program Application dated April 13, 1982 , and approved by HUD on May 3, 1982 ; and as more particularly described in the "Project Work Program", attached hereto. 9. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR ©fZlNDs} 11L.LA6e /NL; NUN oF/�iT Cr7lc'Par/�.':/vii By: / '^' C�7 By: Chair, Board drf Supervisors Designate Official Capacity ATTEST: J. R. OLSSON, County Clerk �� >=S in�Or anizratiGn) - . p By: 1 By: — D uty (Designate Official Ca ' ity �n Organization) Recommend by Depar ment V L — `'���=5 / iJ/ iciT Note to Contractor: (1) If a public agency, designate official / capacity in public agency and attach a certi- By. / AntYn'ty esus A. De fied copy of the governing body resolution �. authorizing execution of this agreement. Eorm Approved: Co Counsel (2) All others: Execute acknowledgment form above, and if a corporation, designate p ° � ,�, _. official capacity in business, execute acknow- By: >_.-+ =— i<f'AC- _ ` ledgment form and affix corporation seal. Deputy (Affix Appropriate Acknowledgement Form) nuo 7 ASSURANCES/CERTIFICATIONS ` 1 r The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally assisted program. Also, the grantee gives assurances and certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission and to execute a community development and housing program; • i 2. Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and' assurances contained therein, and directing and and authorizing the person identified as the official represen- tative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. 3. That prior to submission of its final statement to HUD, the grantee has met the citizen participation requirements, prepared its final statement of community development objectives and projected use of funds, and made the final statement available to the public, as required by section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; 4. It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of section 104(c)(1) of the Housing and Community Development Act of 1974, as amended. 5. Its chief executive officer and other officer of the grantee approved by HUD: (a) Consents to assume the status of a responsible Federal official under the National Environmental policy Act of 1969 and other authorities as specified in 24 CFR 58.1(a)(3); (b) Is authorized and consents on behalf of the grantee and himself/herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his-her responsibilities as such an official; and 6. The grant will be conducted and administered in compliance with: (a) Title VI of the Civil Rights. Act of 1964 (Pub. L. 88-352) and implementing regulations issued at 24 CFR Part 1; (b) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, and implementing regulations; (c) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto (24 CFR Section 570.601); (d) Section 3 of the housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135; (e) Executive Order 11246, as amended by Executive Orders 11375 and 12086 and implementing regulations issued at 41 CFR Chapter 60; (f) Executive Order 11063 as amended by Executive Order 12259 and imple- menting regulations at 24 CFR Part 107; (g) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended and implementing regulations when published for effect; (h) The Age Discrimination Act of 1975, as amended, (Pub. L. 94-135) and implementing regulations when published for effect; (i) The labor standards requirements as set forth in 24 CFR § 570.605 and HUD regulations issued to implement such reuirements; (j) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution; (K) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; Page 2 7. No member, officer, or employee of the Grantee, or its designees or.agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities t with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall I incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; 8. It will comply with the provisions of the Hatch Act which limits the political activity of employees; t 9. It will give HUD and the Controller General or any authorized representatives p access to and the right to examine all records, books, papers, or documents related to the grant; 10. It will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of.1970 (Uniform Act) and HUD implementing regulations at 24 CFR Part 42 and Section 570.602 apply to any acquisition of real property by the contractor that is carried out for an activity assisted under this Part and to the displacement of any family, individual, business, non-profit organization or farm that results from such acquisition. ; 11. It will comply with the lead based paint requirements of 24 CFR Part 5 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) 12. It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under 24 CFR 570 to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by , the Physically Handicapped," Number A-117. 1-R 1971, subject to the exceptions contained in 41 CFR 101-19.604. The applicant will be responsible for r conducting inspections to insure compliance with these specifications by the contractor. 13. It will, in connection with its performance of environmental assessnrents under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of Archeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et. seq.) by: . (a) Consulting with the State Historic Preservation Officer to identify pro- perties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the proposed activity, and (b) Complying with all requirements established by HUD to avoid or mitigate adverse effects upon such properties. 14. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 03-234, 87 Stat. 975, approved . December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 15. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. SE:jal/la GENERAL CONDITIONS r 1. Compliance with Law. Contractor shall be subject to and comply with all v 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 F 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. G 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, F 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. i (c) Records for any displaced person shall be retained for three years after he has received final payment. d. 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 Cbunty, the r 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. i (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. r rage 2 r 8. Modifications and Amendments. r (a) General Agreements. This Agreement may be modified or amended only be L 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. r (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad= o 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. C 12. No Waiver by County. Subject to the disputes provision contained herein, P 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". F i 'Page 3 i t t 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 a provided them, and assures that: r t (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. k (b) No person will publish or disclose or permit or cause to be pulbished or i M 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. 4 (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 r 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. i 20. Notices, All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951; 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. Page 4 21. Available Copies. Copies of the County's Project documents (as specified in Paragraph 8, Project, of this Agreement), and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. . Retained Powers.. All powers not explicitly vested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction of plans and speci- fications shall be reviewed and approved by the Contractor before construction is com- menced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such real property shall be determined in accordance with the requirements contained in Department of Housing and urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and. qualifications of appraisers shall be. submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment. SE:jal/la r t L ro PAYMENT PROVISIONS 1. Payment Basis. County shall in no event pay to the Contracior 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 e 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 P equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget i 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 iri which said services are actually rendered. Upon approval of said payment demands by the headof 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 f. 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 F. 3/16/82 e t r s Page 2 • EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1982-1983 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 30. Provision of a zero interest deferred loan for site Clearance, site preparation and public improvements for the Orinda Senior Village project to writedown develop- ment costs. .x . 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 HUD Loan Closing June 15, 1982 Site clearance June 16, 1982 September 15, 1982 Site Improvements ' June 16, 1982 September 157 1982 Public Works Improvements (On/Off Site) June 16, 1982 September 15, 1982 Housing Unit Construction June 16, 1982 September 15, 1983 Occupancy October 1, 1983 C. PROJECT GOALS. Contractor shall define project objectives. Project goals will vary depending upon the type of project. Completion of 150 unit elderly housing project by September 15, 1983. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS Contractor should indicate, where applicable, what performance standards (details of project implementation) will be applied in implementing the Work ProgrYsn. 1. Comply with the findings and conditions of approval with respect to 2429-RZ as approved by the Board of Supervisors on March 3, 1981, and Minor Subdivision 72-81 and Final Development Plan 3027-81 as approved by the Orinda Area Planning Commission on September 28, 1981 and August 12, 1981 respectively. 2. The funds provided under this agreement shall be considered a zero interest loan to be paid back to the County at such time in the future as is .deemed possible and feasible by the County and the U.S. Department of Housing and Urban Development. The sponsor shall annually report to the County such information on the financial status of the project as is requested deemed necessary to determine loan terms. Determination of the terms of these funds is at the discretion of the County. 3. In all contracts, purchase agreements, invoices entered, the Contractor shall comply with all applicable provisions contained in the County's "Guide for Compliance With Assurances and Certifications Under the Housing and Community Development Act". 4. In all contracts, purchase agreements, contracts, invoices entered into over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Com- pliance Form signed by the supplier service prior to the receipt of any goods or initiation of any services. The required forms are available from the County Planning Department. 5. Shall, at minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 6. The title of said acquired property shall contain appropriate restrictions which limit the use of the property to provision of subsidized housing. The County Planning Department shall provide the required provisions to be recorded against-the property title deed. 7. Provide the County Planning Department with a 30-day written notice of any plans for disposition or sale of said acquired property. The County Planning Department reserves the right to review the disposition plan and to make any adjustments deemed appropriate as to the value set for said property. All income received from the disposition or sale of said acquired property shall be utilized for the acquisition of real property for the development of subsidized housing for low and moderate income persons or all such funds received shall be returned to the Contra Costa County Community Development Block Grant Program. This provision shall remain in effect in perpetuity. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Lloyd S. MacDonald E.M. Shaffran & Co. Orinda Senior Village 513 El Cerrito Plaza 10 Irwin Way El Cerrito, CA 94530 Orinda, CA 94563 526-1200 254-4906 (H) 451-4775 (W) 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 monitor'ng and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 30 Orinda Senior Village, Inc. 10 Irwin Way BUDGET PERIOD: June 1, 1982-March 30, 1983 Orinda, CA 94563 (a) (b) (c) (d) Budget Item CD Funds - $ -+Other Funds - $ = Total - $ 30. PUBLIC IMPROVEMENTS, $103,000 8,811,000 * $8,914,000 SENIOR HOUSING PROJECT - Site Clearance - Site Improvements - On/Off Site Public Works Improvements - Parking Lot Improvements/ Lighting * Section 202 e TOTAL $103,000 8,811,000 $8,914,,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. Resolution of the Board of Directors of Orinda Senior Village, Inc. , a nonprofit corporation. Resolved that the President and Vice President of this corporation are authorized to execute that certain Project Agreement -- Community Development Block Grant Program with the County of Contra Costa, being agreement No. 30, for the use of up to $103,000.00 of Community Block Grant Development funds in the development of Orinda Senior Village. Certification: I , A.K. Harmon, Assistant Secretary of this corpora.tidn, • , certify that the forgoing resolution was adopted at a regular meeting ,' < of the Board of Directors of the Orinda Senior Village, Inc. , on May 26, 1982. A.K. Harmon Assistant Secretary CONTRA COSTA COUNTY PLANNING DEPARTMENT TO: M. G. Wi ngett DATE: May 28, 1982 County Administrato. dr�� Year (1982-83) Community �,' . •� Development Block Grant Program FROM: Anthony A. Dehaesu I SUBJECT: Project Agreement, Activity #30- Director of Planni Public Improvements for Senior Housing Pro- ject with Orinda Senior Village, Inc. I ' i Attached please f nd five copies of the Eighth Year (1982-83) CDBG Program project agreement with Orinda Senior Village, Inc. for Activity #30 - Public Improvements for Senior Housing Project with a payment limit of $103,000. This agreement has been approved by the Board of Directors of the Orinda Senior Village, Inc. and County Counsel ' s Office. A draft Board Order is also attached. Please place this item on the agenda for the Board meeting of June 8, 1982. AAD:gg a RECEIVED Attachments e ;!lJN F1 1982 cc: County Counsel f TJX. OLSS N Auditor-Controller C�� ARD OF RVISORS eputy Contra Costa County RECEIVED JUN - 2 1982 Office of County Administrator '1 t #iI THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8 , 1982 by the following vote: AYES: Supervisors Powers , Fanden, Schroder. NOES: — ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: — SUBJECT: Eighth Year (1982-83) Community Development Block Grant Program Project Agreement with the John Swett Unified School District, Activity #20 - Park Development. The Board having heard the recommendation of the Director of Planning that it approve the Eighth Year (1982-83) Community Development Block Grant Pro- gram project agreement with the John Swett Unified School District for implemen- tation of Activity #20-Park Development with a payment limit of $50,000; IT IS BY THE BOARD ORDERED that the above recommendation is approved and that its Chair is authorized to execute said agreement. hereby certify that this is a true and correct copyof an action taken and entered"on the minutes of the_ Board of Supervisors on the date shown. ATTESTED- ' JUN 81982 J.R. Ol."^ s;,t; c^OLNT Y CR E PK and ex 04,1Xio Gidrk of the Board Ash► (5. Matthews Orig. Dept.: Planning cc: County Administrator Auditor/Controller County Counsel Contractor PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1. Agreement Identification. Number 20 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: John Swett Pnif.ed School %strict Address: P 0 Box 847 Crockett, CA 94525 3. Term. The effective date of this Agreement is April 1, 1982 and it terminates March 31; 1983, unless sooner terminated as provided herein, subject to all terms, conditions, and assurances contained or incorporated herein. 4. Allocation Payment Limit. Count 's total payments to Contractor under this Agreement shall not exceed $50,A0 5. County's Obligations. County shall make those allocation payments to the contractor descirbed in the- "Payment Provisions" attached hereto which are incorporated herein by reference, subject to all terms, conditions, and assurances contained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the "General Conditions" and the "Assurances" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and f in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Community Development Block Grant Program Application dated February 2, 1982 , and approved by HUD on April 5, 1982 1 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: X71't 'rL`K By: Chair, Bodfd of Supervisors Designate Official Capacity ATTEST: J. R. OLSSON, County Clerk in Organization) (� By: By. � Ly Designate Oficial Capacity DepuLy fy in Organization) Recomm nded by Department , Note to Contractor: / )(1) If a public agency, designate official (' B (, �f capacity in public agency and attach a certi- � Ant 'ony A. Dehaesus fied copy of the governing body resolution authorizing execution of this agreement. Form Appr ved: Co my Counsel (2) All others: Execute acknowledgment ,✓ `v ..: + form above, and if a corporation, designate official capacity in business, execute acknow- By: �`_> r a �� -`�—' ledgment form and affix corporation seal. ." Deputy (Affix Appropriate Acknowledgement Form) D#8 ASSURANCES/CERTIFICATIONS The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally assisted program. Also, the grantee gives assurances and certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission and to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and and authorizing the person identified as the official represen- tative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. 3. That prior to submission of its final statement to HUD, the grantee has met the citizen participation requirements, prepared its final statement of community development objectives and projected use of funds, and made the final statement available to the public, as required by section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; 4. It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of section 104(c)(1) of the Housing and Community Development Act of 1974, as amended. 5. Its chief executive officer and other officer of the grantee approved by HUD: (a) Consents to assume the status of a responsible Federal official under the National Environmental policy Act of 1969 and other authorities as specified in 24 CFR 58.1(a)(3); (b) Is authorized and consents on behalf of the grantee and himself/herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his-her responsibilities as such an official; and 6. The grant will be conducted and administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations issued at 24 CFR Part 1; (b) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, and implementing regulations; (c) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto (24 CFR Section 570.601); (d) Section 3 of the housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135; (e) Executive Order 11246, as amended by Executive Orders 11375 and 12086 and implementing regulations issued at 41 CFR Chapter 60; (f) Executive Order 11063 as amended by Executive Order 12259 and imple- menting regulations at 24 CFR Part 107; f (g) Section 405 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended and implementing regulations when published for effect; (h) The Age Discrimination Act of 1975, as amended, (Pub. L. 94-135) and implementing regulations when published for effect; (i) The labor standards requirements as set forth in 24 CFR 5 570.605 and HUD regulations issued to implement such reuirements; (j) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution; (K) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; Page 2 7. No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; 8. It will comply with the provisions of the Hatch Act which limits the political activity of employees; 9. It will give HUD and the Controller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; 10. It will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations at 24 CFR Part 42 and Section 570.602 apply to any acquisition of real property by the contractor that is carried out for an activity assisted under this Part and to the displacement of any family, individual, business, non-profit organization or farm that results from such acquisition. 11. It will comply with the lead based paint requirements of 24 CFR Part 5 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) 12. It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under 24 CFR 570 to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by , the Physically Handicapped," Number A-117. 1-R 1971, subject to the exceptions contained in 41 CFR 101-19.604. The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 13. It will, in connection with its.performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of Archeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et. seq.) by: (a) Consulting with the State Historic Preservation Officer to identify pro- perties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the proposed activity, and (b) Complying with all requirements established by HUD.to avoid or mitigate adverse effects upon such properties. 14. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 03-234, 87. Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood ha,�;ards. The phase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 15. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. SE:jal/la 1 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 an� of t'.ig 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 aAd attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". Page 3 17. Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No person will publish or disclose or permit or cause to be pulbished or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by alw may be guilty of a misdemeanor. 18. Indemnification. (a) Contractor hereby waives all claims and recourse against the County including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of County, its officers, agents and employees. (b) The Contractor shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, 'Eonstruction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers; agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liability Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies sall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. Page 4 21. Available Copies. Copies of the County's Project documents (as specified in Paragraph 8, Project, of this Agreement), and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly vested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction of plans and speci- fications shall be reviewed and approved by the Contractor before construction is com- menced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such real property shall be determined in accordance with the requirements contained in Department of Housing and urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County. .Pontractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment. SE:jal/la PAYMENT PROVISIONS 1. Payment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles ,for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education; Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County. pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. Page 2 The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal-regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contactor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, "if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jal/la 3/16/82 Page 2 , • EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1982-1983 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 20. Development of Rolph Park and playground on the John Swett property behind the swimming pool in Crockett. The project will involve landscapping, installation of playground equipment, lighting, benches, tables and concrete work to make the park usable at the end of this phase of construction. 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 Engineering/Design . May 1, 1982 June 1, 1982 Prepare Bid Package June 1, 1982 June 10, 1982 Advertise Bid June 10, 1982 July 1, 1982 Award July 5, 1982 July 5, 1982 Construction July 15, 1982 August 31, 1982 C. PROJECT GOALS Contractor shall define project objectives. Project goals will vary depending upon the type of project. Development and construction of Rolph Park to be usable at the end of Phase I construction. • Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS Contractor should indicate, where applicable, what performance standards (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD regulations including Equal Opportunity and Section 3 provisions, as provided in Assurance No. 6 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 1-102, 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 6500.3 - Labor Standards Administration Enforcement, Com- munity Development Block Grant Program, and as provided in Assurance No. 6. 5. All construction contracts over $10,000 shall be in compliance with bid procedures contained in Assurance No. 6. 6. All construction contracts over $100,000 shall be in compliance with the bonding and insurance requirements contained in OMB A-102 Attachment B, and with the requirements of the Clean Air Act and Federal Water Pollution Control Act. 7. Ensure that access to the handicapped will be provided in accordance with the require- ments 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 requirements and provisions have been included. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Pat Contestible John Swett Unified School District P.O. Box 847 Crockett, CA 94525 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 problfms. 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: 20 John Swett Unified School District P 0 Box 847 . Crockett, CA 94S2S BUDGET PERIOD: April 1, 1982-March 31, 198 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ = Total - $ 20. PATZK DEVF.LOI'MENT $50,000 -0- $50,000 Engineering./Design Architect Bid/Specification Advertisement Construction Playground Equipment Landscaping TOTAL $50,000 (e -0- 4505000 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. .."'� ^ 3�'nwrif'pe,... ' ._�'�,r-'n-�••✓-.a'c`h.'sF`r",r •s~u�14.`6C�„�"{�.`aaY.-�,�7'�pw.•�?�� �..Mj..".F2v'"7.'.'Y,'I '�.;iec /' K 3 . ,�"..+''"� a �/ < .. ,... 'w ¢ 1 +R. �`•-ff C- `/�2Y+Y�+�'y`faS�X4tY'i*_.ks`<¢;t's,�. �,A ti :_r..- a:..e-a- ikN(vE<.�F 'hdt4 r+�n�2 f:L;kWi r\ y` a.l AF 7!^. :.1 Y 5 • `r � ' ! W ,. i r t: 1 re 4 ) r.. �,y% '-.,,;1`�.` !Y _,,,��,-[ S 1 J� • �y� s, r-`r [ '�;y":a ,ave yp.' �-i'�,f;. J13'S..grr'i t sy�J ��.r',,�e';'�t`+ri't��'SY?�'?Y�,�v�''��"+'�{rtZsyl. +,t+r�`%a�;rµ;,:1?Y?''�•iA1Q*tfW':� ^��Te' ,�•w�4"'t`;�'��.lT'z.Y.}�Y4K.i` .�N,��;'i}iril '�.�'e'y--a,'''Snxw`�'�^it.,y�•^-;���xM•.•'a,Y.'"Fh`"�Y' ...rwXr'}^.:a:��rR ,7: �*�r'e':.d ° ., 'rid,1 A r na; 4 r yr iNr�zP� f¢ i �r✓(N4>> v 1 r L�.f vy, Y�1 Ui" PI i Y h d r b n § .��ws�:,r�amti��'-1e.:iz✓.._.....Gzat.,.+;bTa...w.ut.-,....wrsma..d�1,..*.::. ._.....js..:5ne..,_.a«c:ns,..t_:,�xo:�il.<?..,.....!.a��. .., .,::Ei_k,.s..,... _.... .. ...,. .- .. ..._ -, .: RESOLUTION - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1982-83 JOHN SWETT UNIFIED SCHOOL DISTRICT GOVERNING BOARD RESOLUTION NO. (81-82) 12 The Governing Board of the JOHN SWETT UNIFIED SCHOOL DISTRICT RESOLVES THAT: BE IT RESOLVED that the Board of Trustees of the John Swett Unified School District does hereby approve the 1982-83 Year Community Development Block Grant Program Project Agreement with the County of Contra Costa to implement Activity No. 20 - Park Development - in the amount of pursuant to the Housing and Community Development Act of 1974, as amended. BE IT FURTHER RESOLVED that the Board of Trustees of the John Swett Unified School District does hereby approve and authorize Pat Contestable, Assistant Superintendent, Business Services, to execute the 1982-83 Year Project Agreement for the Community Development Block Grant Program with the County of Contra Costa on behalf of John Swett Unified School District. LITE HEREBY certify that the foregoing is a true and correct copy of the Resolution duly adopted by the Board of Trustees of the John Swett Unified School District at a meeting held on the seventeenth day of May, nineteen hundred eighty-two. PASSED AND ADOPTED by the Board of Trustees of the John Swett Unified School District, Contra Costa County, State of California, this seventeenth day of May, nineteen hundred eighty-two, by the following vote: AYES: Sharon Collins, President.; Karen Werth Crow, Clerk; Charles J . Hammer; Al Jusaitis; Zoe Lighty; Steve W. Palmer; Diana E. Schleich NOES: None ABSENT: None I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced, passed, and adopted by the members of the Governing Board of the John Swett Unified School District at a public meeting of said Board held on May 17, 1982, and that the foregoing is an excerpt from the journal of said Governing Board for said meeting. Secretary, Governing Board JOHN SWETT UNIFIED SCHOOL DISTRICT / 31 Contra Costa County CONTRA COSTA COUNTY RECEIVED PLANNING DEPARTMENT MAY 2 6 1982 Office of TO: M. G. Wi ngett DATE: May 26, Ci9wty Administrator County Administrator Eighth Year (1982-83) Community FROM: Anthony A. Dehaes SUBJECT: Development Block Grant Program Director of Plann Agreement, John Swett Unified School District, Activity #20. Attached please fin ive copies of the Eighth Year (1982-83) Community Development Program project agreement with the John Swett Unified School District for implementation of Activity #20-Park Development with a payment limit of $50,000. This agreement has been approved by the Governing Board of the John Swett Unified School District and County Counsel 's Office. Please place this item on the agenda for the next Board meeting. AAD:gg Attachments cc: County Counsel Clerk of the Board E VIED Uid 1982 gogv�2 VISORS c epuly 1) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8 , 1982 by the following vote: AYES: Supervisors Powers , Fanden, Schroder . NOES: ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: SUBJECT: Project Agreement with the Martinez Early Childhood, Inc., Eighth Year (1982-83) Community Development Block Grant Program, Activity #22 - Bridge and Creek Bank Improvements. The Board having heard the recommendation of the Director of Planning that it approve the Eighth Year (1982-83) Community Development Program project agreement implementing Activity #22 - Bridge and Creek Bank Improvements with a payment limit of $78,000. IT IS BY THE BOARD ORDERED that the above recommendation is approved and that its Chair is authorized to execute said agreement. 1 hereby certify that this is a true andcorrectcopycf an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: JUN 81882 J.R. G-LSSt7A.+; �C.;,'JNTY C, ERK and ex ofifcjo Civrk of the Board �y , Deputy �! IUleilhowc Orig. Dept.: Planning CC: County Administrator Auditor-Controller County Counsel Contractor BA STATE OF CALIFORNIA On this 26th day of....MY..................... in the year one thousand nine CONTRA COSTAss. hundred and....8.2................ before me,............................................................, COUNTY OF.......................................... a Notary Public, State of California, duly commissioned and sworn, personally appeared..Jerry R. Kramer and J. Catherine Roof ......................................................................................... .................... ? a r- r I c I A t_ SFAL known to me to be the persons... whose names...a.r.e..subscribed to the within J ROONEY JUDITH rim > NOTARYcueilc—cnucoMIA ' instrument and acknowledged to me that..t.he.y. executed the same. far/• CC:°1T(ih COSTA COUNTY IN WITNESS WHEREOF I have hereunto set my hand and affixed my =d My ConniTt'ssion Expires talc•7. 1983 official seal in the.......................... County of......... ... ............ h day and year in this certificate first ab a wri e . This document is only a general form which may be proper for use in simple transactions OtQry Public,Sta f CQllfOr Q and in no way acts,or Is intended to act,as a substitute for the advice of an attorney. The publisher does not make any warranty,either express or implied as to the legal AU u S t 19 83 validity of any provision or the suitability of these forms in any specific transaction. My commission expires Cowdery's Form No.32—Acknowledgement—General(C.C.Sec. 1190a) PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1. Agreement Identification. Number 22 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: Martinez Early Childhood, Inc. Address: 615 Arch Street Martinez, CA 94553 3. Term. The effective date of this Agreement is June 8,1982and it terminates December 30 1982 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 $ 78,000 a 5. County's Obligations. County shall make those allocation payments to the contractor described in the "Payment Provisions" attached hereto which are incorporated herein by reference, subject to all terms, conditions, and assurances contained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the "General Conditions" and the "Assurances" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Community Development Block Grant Program Application dated February 2, 1982, and approved by HUD on April 5, 1982 ; and as more particularly described in the "Project Work Program", attached hereto. 9. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By: / ' CSC By: Chair, Board of Supervisors Oesig ate Offiel I Ca I�cel ity Organization) ,. ATTEST: J. R. OLSSON, County Clerk in Org - n By: By: puty Designate Official G> parity in Organizatidn) Recommend d b ep ment . Note to Contractor: (1) If a public agency, designate official j capacity in public agency and attach a certi- By; fied copy of the governing body resolution / / Anth ny A.. Dehaesus authorizing execution of this agreement. Form Approved: County Counsel (2) All others: Execute acknowledgment form above, and if a corporation, designate official capacity in business, execute acknow- By: ledgment form and affix corporation seal. eputy (Affix Appropriate Acknowledgement Form) D#8 • • I i ASSURANCES/CERTIFICATIONS The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of i. Federal funds for this federally assisted program. Also, the grantee gives assurances and certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission and to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and and authorizing the person identified as the official represen- tative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. 3. That prior to submission of its final statement to HUD, the grantee has met the citizen participation requirements, prepared its final statement of community development objectives and projected use of funds, and made the final statement available to the public, as required by section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; 4. It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of section 104(c)(1) of the Housing and Community Development Act of 1974, as amended. 5. Its chief executive officer and other officer of the grantee approved by HUD: (a) Consents to assume the status of a responsible Federal official under the National Environmental policy Act of 1969 and other authorities as specified in 24 CFR 58.1(a)(3); (b) Is authorized and consents on behalf of the grantee and himself/herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his-her responsibilities as such an official; and 6. The grant will be conducted and administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations issued at 24 CFR Part 1; (b) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, and implementing regulations; (c) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto (24 CFR Section 570.601); (d) Section 3 of the housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135; (e) Executive Order 11246, as amended by Executive Orders 11375 and 12086 and implementing regulations issued at 41 CFR Chapter 60; (f) Executive Order 11063 as amended by Executive Order 12259 and imple- menting regulations at 24 CFR Part 107; (g) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended and implementing regulations when published for effect; (h) The Age Discrimination Act of 1975, as amended, (Pub. L. 94-135) and implementing regulations when published for effect; (i) The labor standards requirements as set forth in 24 CFR S 570.605 and HUD regulations issued to implement such reuirements; (j) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution; (K) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; Page 2 t 7. No member, officer, or employee of the Grantee, or its designees or,agents, no member of the governing body of the locality in which the program is situated, and no other ; public official of such locality or localities who exercises any functions or responsibilities r with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision i prohibiting such interest pursuant to the purposes of this certification; 8. It will comply with the provisions of the Hatch Act which limits the political activity of employees; r i 9. It will give HUD and the Controller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; 10. It will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations at 24 CFR Part 42 and Section 570.602 apply to any acquisition of real property by the contractor that is carried out for an activity assisted under this Part and to the displacement of any family, individual, business, non-profit organization or farm that results from such acquisition. ff 11. It will comply with the lead based paint requirements of 24 CFR Part 5 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) 12. It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under 24 CFR 570 to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by , the Physically Handicapped," Number A-117. 1-R 1971, subject to the exceptions contained in 41 CFR 101-19.604. The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor, fi 13. It will, in connection with its performance of environmental assessmments under the National Environmental Policy Act of 1969, comply with Section 106 of the National r Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of Archeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et. seq.) by: (a) Consulting with the State Historic Preservation Officer to identify pro- perties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the proposed activity, and ; (b) Complying with all requirements established. by 'HUD to avoid or mitigate adverse effects upon such properties. 14. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 03-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of• flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phase "Federal -financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 15. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. SE:jal/la r t GENERAL CONDITIONS ! E t 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 t of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as G / 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 i 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. s 3. Records. Contractor shall keep and make available for inspection by authorized 3 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. r i 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. f c (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 Cbunty, the County may in addition to any other remedies, complete the Contractor's obligations in any c 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. E Page 2 • i. E 8. Modifications and Amendments. r (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. P (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 t' 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. k' 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. 5 12. No Waiver by County. Subject to the disputes provision contained herein, k 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 's Page 3 • G 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 i 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. j i (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 0. the County of such fact and shall represent County in the legal action unless County r 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. r (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. l 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. i b Page 4 21. Available Copies. Copies of the County's Project documents (as specified in Paragraph 8, Project, of this Agreement), and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly vested in the Contractor remain in the County. b 23. Project Development. (a) If the Project includes construction, the construction of plans and speci- f fications shall be reviewed and approved by the Contractor before construction is com- menced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such real property shall be determined in accordance with the requirements contained in Department of Housing and urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisevs shall be r submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment. SE:jal/la F r i t PAYMENT PROVISIONS 1. Payment Basis. County shall in no event pay to the Contracior 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 i 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 i 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. c 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 s of Estimated Program Expenditures" contained in the Project Work Program. ff 3. Allowable Costs. Contractor's allowable costs are only those which are f 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. r 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 t 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 t 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 4 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. r 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 F 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) r above, Contractor agrees to accept responsibility for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jal/la . 3/16/82 Page 2 • EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1982-1983 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 22. Implement repair to community bridge and build concrete wash wall to prevent erosion along east side of creek bank. Attachment "A" shows the specific areas to be improved as follows: Area I. Bridge protection: Concrete curtain wall at East Bridge abutment of 2 feet below existing creek bed; construct wash wall from top of bank to a point 2 feet below creek bed, upstream from bridge abutment. Area A-D. Concrete wash wall, minimum 6" thick, reinforced with 6x6x4 wire mesh, minimum 2 feet below creek bed. Bank will be cleared and grubbed and concrete placed. A. Approximately 115 feet long by 25 feet high, from bridge to existing concrete wall. B. 50 feet long by 20 feet high, from existing concrete past new work C. from around point, 125 feet by 20 feet high. D. from "C" to end of building, 40 feet long by 20 feet high. 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 Approval of Plans/ Specifications April 1982 May 1982 Advertize Bid May 1982 June 1982 Award June 1982 Construction July 1982 September 1982 C. PROJECT GOALS Contractor shall define project objectives. Project goals will vary depending upon the type of project. 1. To build footings two feet under bridge for support. 2. Install concrete wash wall, six inches thick, approximately 350 feet long and 25 feet high. . Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS Contractor should indicate, where applicable, what performance standards (details of project implementation) will be applied in implementing the Work Program. 1. "In all contracts, purchase agreements, invoices entered, the contractor shall comply with all applicable provisions contained in the County's "Guide For Com- pliance With Assurances and Certifications Under The Housing And Community Development Act." 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Com- pliance Form signed by the supplier service prior to the receipt of any goods or initiation of any services. The required forms are available from the County Planning Department. 3. All contracts under $10,000 entered into shall be in compliance with procurement procedures contained in Office Management and Budget (OMB) Circular 1-102, attachment 0 and any other applicable HUD regulations. 4. In all construction contracts over $2,000 enforce and administer Labor Standards Requirements in accordance with Title 1 of_the Housing and Community Develop- ment Act of 1974, HUD Handbook 6500.3 - Labor Standards Administration Enforcement, Community Development Block Grant Program, and as provided in Assurance No. 14, Appendices VIII - XIII of the Compliance Guide cited. 5. All construction contracts over $10,000 shall be in compliance with bid procedures contained in Assurance No. 3 and Appendix IV of the Compliance Guide cited. 6. All construction contracts over $100,000 shall be in compliance with the bonding and insurance requirements contained in OMB A-102 Attachment B, and with the requirements of the Clean Air Act and Federal Water Pollution Control Act. 7. Ensure that access to the handicapped will be provided in accordance with the requirements of the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped", Number A- 117-1-R-1071. 8. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 9. Transmit to the County Planning Department a copy of all construction contracts over $2,000 prior to the contract being advertised to ensure that all appropriate requirements and provisions have been included. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Cathy Roof Martinez Early Childhood, Inc. 615 Arch Street Martinez, CA 94553 229-2000 Page 4 . ~' PROJECT WORK PROGRAM F. PROGRAM MONITORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representatives, where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 22 Martinez Early Childhood, Inc. 615 Arch Street Martinez, CA 94553 BUDGET PERIOD: May.._l, 1982-December 30, 1982 (a) (b) (c) (d) Budget Item CD Funds - $ "+Other Funds - $ = Total - $ 22. BRIDGE $ CREEK BANK $78,000 $3,600* $81,600 IMPROVEMENTS - Bid Package - Advertise Local Fees Inspection Construction * Private Contributions TOTAL $78,000 e $3,600 $81,600 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. s k - � �"' /�'�• sit �5.:�:.�` ,r*"y '•',,� ++Si �',+; ��� • 1�- . + �p`�A moi . �. l u `/�"„~\'S�l �' •� ''�`' \ �b VI A Ir 40 9 � � xf pop vp 400. vn Too 0 .� V Q ! A 017 SOW low b io \ k ol Iola -�/ v�4. . v 1 / 38 CONTRA COSTA COUNTY PLANNING DEPARTMENT TO: M.G. Wingett DATE: June 1, 1982 County Administratot Eighth Year (1982-83) Anthony A. Dehaes Community Development FROM Director of Planni SUBJECT: Block Grant Program Project Agreement Attached please find five copies of the Eighth Year (1982-83) Community Development Block Grant Program project agreement with Martinez Early Childhood, Inc. for imple- mentation of Activity #22 - Bridge and Creek Bank Improvements with a payment limit of $78,000. 1 This agreement has been approved by the Board of Directors of Martinez Early Childhood, Inc., and County Counsels Office. Please place this item on the agenda for the next Board meeting. A draft Board Order is also attached. AAD:jal/#1Min.MW Attachments cc: County Counsel Auditor-Controller Contra Costa County RECEIVED JUN 2 1982 RECEIVED Office of County Administrator 111A b' 1982 A ELLY THE BOARD'OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 18 , 1982 by the following vote: AYES: Supervisors Powers , Fanden, Schroder , Torlakson, McPeak. NOES: ABSENT: ABSTAIN: SUBJECT: Project Agreement with Contra Costa Legal Services Foundation, Eighth Year (1982-83) Community Development Block Grant Program The Board having considered the recommendation of the Director of Planning that it approve the Eighth Year (1982-83) Community Development Block Grant Agree- ment, in the amount of $20,000, between the County and Contra Costa Legal Services Foundation for Activity #8-Housing Counseling. IT IS BY THE BOARD ORDERED that the above recommendation is approved and that its Chair is authorized to execute said agreements. hereby certify that this Is a true arHicomee muter an actlon taken and entered on the minutes of the board of Supervisors on the date shown. ATTESTED: MAY 181982 J.R. OLSSON, COUNTY CLERK and ex officio Clerk of the Board By Deputy C. Matthews Orig. Dept.: Planning CC: County Administrator Auditor-Controller County Counsel Contractor J PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1. Agreement Identification_. Number 8 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: Contra Costa Leval Services Foundation Address: 1017 MaO)onald. Avenue P 0 Box 2289 3. Term. '?ichmond, CA 94802 The effective date of this Agreement is April 1, 1982 and it terminates March 31, X1983, 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 $ 20,000 5. County's Obligations. County shall make those allocation payments to the contractor descirbed in the "Payment Provisions" attached hereto which are incorporated herein by reference,. subject to all terms, conditions, and assurances contained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the "General Conditions" and the "Assurances" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. J This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Community Development Block Grant Program Application dated February 2, 1.982, and approved by HUD on Anr;1_ 5, 1982 ; and as more particularly described in the "Project Work Program", attached hereto. 9. _Signatures. These signatures attest the parties' agreement hereto: COUNTY 'OF CONTRA COSTA, CALIFORNIA CONTRACTOR Chair, Boar of Supervisors Designate O ficial Capacity ATTEST: J. R. OLSSON Count Clerk i Org nization) r Y PAV�A A. (j0 E g< I BOARD 1Dev7 " By: By: _U puty (Dqiate70fficiarMpaciry GtU(�' l B O ga iization) �IR7:z Depar ment Note to Contractor: ��RpF6 y i x 11AA IrK4r If a public agency, designate official capacity in public agency and attach a I�erti- Bfied copy of the governing body resoiution ntho' y A. Dehae authorizing execution of this ag�•eement. Form Approved: Cou�ifty Counsel (2) All others: Execute acknowledgment form above, and if a corporation, designate ; official capacity in business, execute ackno-,�_ By: ledgment form and affix corporaticn`seai, Deputy (Affix Appropriate Acknowledgement Form) D#8 ASSURANCES/CERTIFICATIONS The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally assisted program. Also, the grantee gives assurances and certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission and to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and and authorizing the person identified as the official represen- tative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. 3. That prior to submission of its final statement to HUD, the grantee has met the citizen participation requirements, prepared its final statement of community development objectives and projected use of funds, and made the final statement available to the public, as required by section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; 4. It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of section 104(c)(1) of the Housing and Community Development Act of 1974, as amended. 5. Its chief executive officer and other officer of the grantee approved by HUD: (a) Consents to assume the status of a responsible Federal official under the "National Environmental policy Act of 1969 and other authorities as specified in 24 CFR 58.1(a)(3); (b) Is authorized and consents on behalf of the grantee and himself/herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his-her responsibilities as such an official; and 6. The grant will be conducted and administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations issued at 24 CFR Part 1; (b) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, and implementing regulations; (c) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto (24 CFR Section 570.601); (d) Section 3 of the housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135; (e) Executive Order 11246, as amended by Executive Orders 11375 and 12086 and implementing regulations issued at 41 CFR Chapter 60; (f) Executive Order 11063 as amended by Executive Order 12259 and imple- menting regulations at 24 CFR Part 107; (g) Section 405 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended and implementing regulations when published for effect; (h) The Age Discrimination Act of 1975, as amended, (Pub. L. 94-135) and implementing regulations when published for effect; (i) The labor standards requirements as set forth in 24 CFR S 570.605 and HUD regulations issued to implement such reuirements; (j) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution; (K) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; Page 2 7. No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; 8. It will comply with the provisions of the Hatch Act which limits the political activity of employees; 9. It will give HUD and the Controller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; 10. It will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations at 24 CFR Part 42 and Section 570.602 apply to any acquisition of real property by the contractor that is carried out for an activity assisted under this Part and to the displacement of any family, individual, business, non-profit organization or farm that results from such acquisition. 11. It will comply with the lead based paint requirements of 24 CFR Part 5 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) 12. It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under 24 CFR 570 to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by , the Physically Handicapped," Number A-117. 1-11 1971, subject to the exceptions contained in 41 CFR 101-19.604. The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 13. It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of Archeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et. seq.) by: (a) Consulting with the State Historic Preservation Officer to identify pro- perties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the proposed activity, and (b) Complying with all requirements established by HUD to avoid or mitigate adverse effects upon such properties. 14. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 03-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood ha4ards. The phase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 15. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. SE:jal/la GENERAL CONDITIONS I. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows: (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. -,.. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreementis 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 an� 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 ashanges in such governance occur, if contractor is a corporation. Contractor promises arld 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". Pdge 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, 6onstruction, 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 efeetive date of notice shall be the date of deposit inthe mails or of other delivery. Page• 4 21. Available Copies. Copies of the County's Project documents (as specified in Paragraph 8, Project, of this Agreement), and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly vested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction of plans and speci- fications shall be reviewed and approved by the Contractor before construction is com- menced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such real property shall be determined in accordance with the requirements contained in Department of Housing and urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County. .Pontractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment. SE:jal/la t PAYMENT PROVISIONS 1. Payment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A=122, "Cost Principles "for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. Page 2 The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contactor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility,for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, 'if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jal/la 3/16/82 Page 2 • EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1982-1983 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION Contra Costa Legal Services Foundation will operate an outreach program to do intake and provide access to clients in the west county (outside of Richmond) and east county (outside of Pittsburg) areas that are increasingly inaccessible to the legal services program. The client service will focus on housing problems, particularly issues of evictions, deposits, habitability and repairs and also some issues of housing availability or production. The outreach intakes will be held in the offices of Carquinez Coalition and United Council of Spanish Speaking Organizations and Contra Costa Legal Services Foundation will train their staff to assist in the handling of housing questions and problems. We will receive referrals from Housing Alliance, PEHDC and other agencies concerned with housing issues. Contra Costa Legal Services Foundation will help set up seminars and information sessions concerning housing issues and available resources with Housing Alliance of Contra Costa County, Pittsburg Community Services, Inc., and other local government agencies. 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 Outreach/Intake June 1, 1982 February 28, 1983 Train Community Group's Staff - July 1, 1982 March 31, 1983 Seminar/Information Sessions December 31, 1982 March 31, 1983 C. PROJECT GOALS Contractor shall define project objectives. Project goals will vary depending upon the type of project. 1. Operate regular outreach intake system in West and East County areas, focusing on housing issues. 2. Provide service to at least 200 clients during the 1982-83 program. 3. Help set up at least one seminar/information session with local community and govern- ment agencies involved in housing problems. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS Contractor should indicate, where applicable, what performance standards (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered the contractor shall comply with all applicable provisions contained in the County's "Guide for Compliance with Assurances and Certifications Under the Housing and Community Development Act". 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the Contractor shall comply with the provisions of and 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. In the Comprehensive Housing Counseling Program, comply with all applicable Federal regulations as contained in OMB Circular A-122, "Cost Principals for Non-Profit Or- ganizations" in the determination of allowable costs in the administration and provision of services of this activity. 4. Records will be kept and monthly reports made and sumbitted to the County Planning Department providing the following information: a. Total contacts and counseling sessions - whether landlord, tenant, homeowner,. agency. b. Geographical resident of clients assisted or referred to other agencies. c. Types of requests, other needs. d. Result of contact with Contra Costa Legal Services Foundation. e. Participation of clients, volunteers, staff in training programs, workshops, classes. f. Report on training staffs of other community groups. 5. 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 0 and other applicable HUD regulations. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. George Chaffey 1017 Macdonald Avenue Richmond, CA 94802 233-9954 Page 4 • • PROJECT WORK PROGRAM F. PROGRAM MONITORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representatives, where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 8 C. C. Legal Services Foundation P 0 Box 21.89 1017 Macdonald Avenue BUDGET PERIOD: April 1, 198244arch 31, 1983 (a) (b)CA 94802 (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ = Total - $ 8. HOUSING COUNSELING $201000 -0- $20,000 salaries - 2 1/2 time staff attorneys fringes travel mist. e) TOTAL $20,000 -0- $20,000 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. RESOLUTION #82-4 The Board of Trustees of Contra Costa Legal Services Foundation hereby resolves that: 1 . The Board approves the 1982-83 Year Community Development Block Grant Program Project Agreement with the County of Contra Costa for Activity #8--Housing Counseling--pursuant to the Housing and Community Development Act of 1979 in the amount of $20 , 000. 2 . The Executive Director and President of the Board are hereby authorized to execute the above-mentioned Agreement on be- half of Contra Costa Legal Se_r`ces Foundation. I� Dated: May 6 , 1982 . PAULA GORELICK, PRE DENT I I HEREBY CERTIFY that the above resolution was duly adopted by the, Board of Directors of Contra Costa Legal Services Foundation at a regular meeting held on May 6 , -19.82 PAULA GORELICr, PRESIDENT (:corporate seal) �,_C•(�- � , JON A. JOHNSEN? SECRETARY STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On this 6th day of May in the year one thousand nine hundred and eighty two, before me, ROSE MARIE LOVATO, a Notary Public, State of California duly commissioned andsworn, personally _ appeared PAULA GORELICK & JON A. JOHNSEN known to me, to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same . IN WITNESS WHEREOF I have hereunto set my hand and affixed my official .seal in the City of Martinez, County of Contra Costa the day and year in this certi ate first above written. 0Un1111lDI!lN111171HglISB'fS::[_^.^.�3P000:S:IgC� 3 OFFICIAL S:3ZW ::L a ROSE rv1r; ;? L' I``;t';0 OSE MARIE LOVA O, NOTARY PUBLIC Z NOTARY PUBLIC . C"'. Z COUNTY OF CONTRA CL<-f:. iC My Commiulon Eaplrn May 10,193'2 nan1/goass"i I ansa IIIIIIIIIII t1171i7n 1111[71Ilnlla 1 1 N 159 y CONTRA COSTA COUNTY PLANNING DEPARTMENT 1982 Y TO: M. G. Wingett DATE: t4lpa if 12 1982 County Administrator 4& X1"NftAa1r (1982-83) Community FROM: Anthony A DehaesuSUBJECT: Development Block Grant Program Director A. Planni , Project Agreement With Contra Costa Legal Services Foundation Attached please find-live copies of the Community Development Project Agree- ment between the County and Contra Costa Legal Services Foundation in the amount of $20,000 for Eighth Year (1982-83) Activity #8-Housing Counseling. This agreement has been approved by Board of Trustees of Contra Costa Legal Services Foundation and-County Counsel ' s office. Please place this item on your agenda for the next Board meeting. AAD:gg Attachments cc: County Counsel Supervisor Powers . 7"CEiVED HA 19192- ­(FC ZIL \ 1 01 oi� p VISORS � f THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on _ April 27 , 1982 by the following vote: AYES: Supervisors -Powers , Fanden, Schroder , Torlakson, McPeak. NOES: ABSENT: ABSTAIN: SUBJECT: Project Agreement with Chilpancingo Vista, Inc., Eighth Year (1982-83) Com- munity Development Block Grant Program. The Board having this considered the recommendation of the Director of Planning that it approve the Eighth Year (1982-83) Community Development Block Grant Agreement, in the amount of $64,000 between the County and Chilpancingo Vista, Inc., for Activity #3 - Housing Development Assistance Site Improvements. IT IS BY THE BOARD ORDRED that the above recommendation is approved and that its Chairman is Authorized to execute said agreement. hereby certify that this is a true and correct copyof an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: APR 2 71982 J.R. OLSSON, COUNTY CLERIC and ex officio Clerk of the Board y By , Deputy . C. Matthews Orig: Dept.: Planning Department cc: County Administrator Auditor-Controller County Counsel Contractor STATE OF CALIFORNIA On this EId day of in the year one COUNTY OF COTAAW CCJZi0--) Ythousand nine hundred and , before me, 1 �1 >, l Q 0-C �\a S_, a Notary Public, State of California, duly commissioned and sword pfrsonally appeared GkCkSSoiy iE4Ir)c�1c/l0�, VY� • (�lOSSO�I1 poo�nenunnmoweu�arrannnnnuun unnuml a OFFICIAL SEAL 'e known to me to be the person whose name TINA WARNES 2 004 to the within instrument and acknowledged tome a ^mom**=1 NOTARY PUBLIC - CALIFORNIAN I z �'•',- CONTRA COSTA COUNTY ? that—the executed the same. My Comm.Expires Dec.20,1985 : IN WITNESS WHEREOF 1 have hereunto set my hand andaffixed 1 xcaevocn,u,u�a,ueaaieeeucaa.n maeaeu�uuumfi my official seal in the Sart�0 c7� C �. k-A!Y J21 t County Of CCmCSO- the day and year in this certificate first above written. This document is only a general form which may be proper for use in simple transactions 1Y1 ru and in no way acts.or is intended to act,as a substitute lot the advice of an attorney. Public State Oj l The publisher does not make any warranty,either express or implied as to the legal Hata r California va l ioi I of any provision or the suitability of these forms in any specific transac l ion. _?O_ OC My commission expires 7 pt oy Cuwdery's Form No. 32—Acknowledgement—General(C. C. Sec. 1190a) PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1. Agreement Identification. Number 3 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: Chilpancingovista, Inc. Address: 1448 Center Avenue 3. Term. Martinez, CA 94553 The effective date of this Agreement is May 1, 1982 and it terminates March 31, 1983, unless sooner terminated as provided herein, subject to all terms, conditions, and assurances contained or incorporated herein. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement shall not exceed $ 64,000 5. County's Obligations. County shall make those allocation payments to the contractor descirbed in the "Payment Provisions" attached hereto which are incorporated herein by reference, subject to all terms, conditions, and assurances contained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the "General Conditions" and the "Assurances" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached. hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Community Development Block Grant Program Application dated February 2, 1992, and approved by HUD on April 9, 1982 ; and as more particularly described in the "Project Work Program", attached hereto. 9. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSITA, CALIFORNIA By: Y 6 � c CONTRACTOR Chairwoman, Board of Supervisors ' ATTEST: J. R. OLSSON, County Clerk ` . ,•, By, Designate Official tiapa-.ity'�� By: (� in Organization) t - D puty Recommende 'by Depar ment By; L-� � � Designate Official Capa i� By;/ in Organization) Ant ny A. Dehaesus Note to Contractor: (1) If a public agency, designate official orm Approved: Co my Counsel capacity in public agency and attach a certi- . �,� fied copy of the governing body resolution B ��¢''> _ authorizing execution of this agreement. y: (2) All others: Execute acknowledgment eputy form above, and if a corporation, designate official capacity in business, execute acknow- ledgment form and affix corporation seal. D#8 CONTRACT: SE:pb:8 9/24/81 ASSURANCES/CERTIFICATIONS The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally assisted program. Also, the grantee gives assurances and certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission and, to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and and authorizing the person identified as the official represen- tative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. 3. That prior to submission of its final statement to HUD, the grantee has met the citizen participation requirements, prepared its final statement of community development objectives and projected use of funds, and made the final statement available to the public, as required by section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; 4. It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of section 104(c)(1) of the Housing and Community Development Act of 1974, as amended. 5. Its chief executive officer and other officer of the grantee approved by HUD: (a) Consents to assume the status of a responsible Federal official under the National Environmental policy Act of 1969 and other authorities as specified in 24 CFR 58.1(a)(3); (b) Is authorized and consents on behalf of the grantee and himself/herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his-her responsibilities as such an official; and 6. The grant will be conducted and administered in compliance with: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations issued at 24 CFR Part 1; (b) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, and implementing regulations; (c) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto (24 CFR Section 570.601); (d) Section 3 of the housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135; (e) Executive Order 11246, as amended by Executive Orders 11375 and 12086 and implementing regulations issued at 41 CFR Chapter 60; (f) Executive Order 11063 as amended by Executive Order 12259 and imple- menting regulations at 24 CFR Part 107; (g) Section 405 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended and implementing regulations when published for effect; (h) The Age Discrimination Act of 1975, as amended, (Pub. L.-94-135) and implementing regulations when published for effect; (i) The labor standards requirements as set forth in 24 CFR S 570.605 and HUD regulations issued to implement such reuirements; (j) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution; (K) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; i Page 2 7. No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; 8. It will comply with the provisions of the Hatch Act which limits the political activity of employees; 9. It will give HUD and the Controller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; 10. It will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations at 24 CFR Part 42 and Section 570.602 apply to any acquisition of real property by the contractor that is carried out for an activity assisted under this Part and to the displacement of any family, individual, business, non-profit organization or farm that results from such acquisition. 11. It will comply with the lead based paint requirements of 24 CFR Part 5 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) 12. It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under 24 CFR 570 to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by , the Physically Handicapped," Number A-117. 1-R 1971, subject to the exceptions contained in 41 CFR 101-19.604. The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 13. It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of Archeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et. seq.) by: (a) Consulting with the State Historic Preservation Officer to identify pro- perties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the proposed activity, and (b) Complying with all requirements established by HUD to avoid or mitigate adverse effects upon such properties. 14. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 03-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 15. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. SE:jal/la GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. - Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows: (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. IPage 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. 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". Page 4 21. Available Copies. Copies of the County's Project documents (as specified in Paragraph 8, Project, of this Agreement), and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly vested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction of plans and speci- fications shall be reviewed and approved by the Contractor before construction is com- menced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such real property shall be determined in accordance with the requirements contained in Department of Housing and urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County. Qontractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment. SE:jal/la PAYMENT PROVISIONS 1. Payment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in-the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions.for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. . Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles - for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. Page 2 The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contactor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, 'if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jal/la 3/16/82 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1981-1982 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION Housing Development Assistance: Site Improvements - Provision of site improvements including site clearance and site development, public improvements including sewer, water, and storm drainage improvements, but not including assistance for the construction of the new permanent residences in the Chilpancingovista, Inc. handicapped housing project. 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. Start Complete Groundbreaking March, 1982 March, 1982 Site Clearance and Excavation March, 1982 May, 1982 Construction of Housing Units March, 1982 November, 1982 C. PROJECT GOALS Define project objectives. Project goals will vary depending upon the type of project. Construction and opening of 25 housing units for the handicapped. Housing units are designed primarily for the young orthopedically handicapped to provide them with the opportunity to enter the mainstream of society. Page 2 � • PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS Contractor should indicate, where applicable, what performance standards (details of project implementation) will be applied in implementing the Work Program. Under this program the Contractor shall: 1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD regulations including Equal Opportunity and Section 3 provisions, as provided in Assurance No. 3 and Appendix VI of 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. 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. 4. Expenses payable under this contract are limited to those items included in Section 507.206(9), Subpart C of the regulations issued for the Community Development Block Grant Program on March 1, 1978. 5. The title of said acquired property shall contain appropriate restrictions which limit the use of the property to provision of subsidized housing. The County Planning Department shall provide the required provisions to be recorded against the property title deed. 6. Provide the County Planning Department with a 30-day written notice of any plans for disposition or sale of said acquired property. The County Planning Department reserves the right to review the disposition plan and to make any adjustments deemed appropriate as to the value set for said property. All income received from the disposition or sale of said acquired property shall be utilized for the acquisition of real property for the development os subsidized housing for low and moderate income persons or all such funds received shall be returned to the Contra Costa County Community Development Block Grant Program. This provision shall remain in effect in perpetuity. 7. Provide to the County Planning Department terms for an Agreement for Property Acquisition for the unused portion of land acquired with these funds. Terms of said agreement shall be negotiated by the Contractor and the County Planning Department and shall be executed by the Contractor and the Board of Supervisors. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Marvin King, President Delores M. Glasser Chilpancingovista, Inc. Secretary-Treasurer 4230 South Castro 1448 Center Avenue Martinez, CA 94553 Martinez, CA 94553 228-5886 228-1102 Dorothy Warwick, Housing Consultant Hal Dunleavy and Associates 1208 Market Street San Francisco, CA 94102 552-2865 Page 3 PROJECT WORK PROGRAM F. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: Chilpancingovista, Inc. BUDGET PERIOD: April 9, 1982-March 31 , 1983 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ = Total - $ Site Improvements $64,000 $1 ,554,800* $1 ,618,800 site clearance/ site excavation public improvements roads and walks *HUD Section 202 Direct Loan for Construction of 25 unit handicapped housing project. Loan includes both site improvements and housing construction costs. e) TOTAL $64,000 $ 1 ,554,800 $ 1 ,618,800 Notes: (a) Detailed categories pursuant to FMC 74-4. (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. CONTRA COSTA COUNTY y PLANNING DEPARTMENT 14 r-R 2 :'. M.G. Wingett April 19,d,�82 TO: County Administrator DATE: Eighth Year (1982-83) FROM:' Anthony A. Dehaes Community Development SUBJECT: Program Project Director of Planni Agreement with Chilpancingo Vista, Inc. Attached please find five copies of an agreement between the County and Chilpan- cingo Vista, Inc., in the amount of $64,000 for Eighth Year (1982-83) Community Development Activity #3 - Housing Development Assistance Site Improvements. This agreement and work program has been approved by the Chilpancingo Vista, Inc., Board of Directors and County Counsel's Office. A draft Board Order is also attached. Please place this item on your agenda for the next Board meeting. AAD.jal/M Attachments cc: County Counsel Supervisor McPeak RECEIVED IP PRV11982 LA0puty SU&