HomeMy WebLinkAboutMINUTES - 12161983 - COB BOX 73 To: BOARD OF APOJISORS • / 3Z
FROM: Anthony A. Dehaesus Contra
Director of Planning Costa
DATE: November 28, 1984 County
SUBJECT: Approval of Amendments to the Tenth Year (1984-85) Community Development
and Ninth Year (1983-84) "Jobs Bill" CDBG Program Project Agreements and
certain reallocations with the City of El Cerrito.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Authorize the Chairman to execute amendments to the Tenth . Year Community
Development Program Project Agreement with a new payment limit of$31,098.42 and the
"Jobs Bill" Program Project Agreement with a new paymit limit of $364,433, and approve
the reallocation of $4,433 from the Tenth Year Agreement to the "Jobs Bill" Agreement.
BACKGROUND
The City of E1 Cerrito experienced a shortfall in funds relative to completing project #
11-Senior Center Expansion initially funded under the "Jobs Bill" Project. The -City also
operates Activity #8- Housing Conservation Program funded under the Tenth Year
Program Project Agreement. Since this project is projected to carry over funds this year,
City Staff recommended transferrng $4,433 from Activity #8 to #11 to cover this
.shortfall. This will necessitate reducing the allocation of Activity #8 by $4,433 and
reallocating those funds to Activity #11.
Vv�
CONTINUED ON ATTACHMENT: YES SIGNATURE:Z",
RECOMMENDATION OF COUNTY ADMINISTRATOR R OMM N ATION F OARD q0ITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ONXLU-4�,tAPPROVED AS RECOMMENDED OTHER _
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS N THE DATE SHOWN.
CC: Planning ATTESTED //
County Administrator PHIL BATCHELOR, CLERK OF THE BOARD OF
Auditor-Controller (Attn: Betty Periera) SUPERVISORS AND COUNTY ADMINISTRATOR
County Counsel
Contractor %GCsYI/
M9e2/7-e5 MO/1C BY � , DEPUTY
CUNT?}, �GSin COUMFY
RESOLUTION NO. 84- 83 PL 1Nri(''i' r, :"'r,P7 E4
38
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO, CALIFORNIA, �I
AUTHORIZING AMENDMENTS TO "JOBS BILL- AND TENTH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM PROJECT AGREEMENT WITH THE COUJTY OF CONTRA COSTA
The City Council of the City of E1 Cerriso does resolve as follows:
Section 1. The El Cerrito City Council approves amendments to the Tenth
Year (1984-85) Community Block Grant Program Project Agreement and to the "Jobs
;y Bill" (PL 98-8) Agreement between the City and Contra Costa County, providing
for the following alterations to said April 1, 1984 and said August 1, 1983
agreements:
Reallocation of $4,433 from #10-8 to Jobs Bill (PL98-8) Activity No. 11,
Section 2. The City Manager is hereby approved and authorized to execute
the amendment on behalf of the City of E1 Cerrito.
Section 3. This resolution shall become effective immediately upon its
passage and adoption.
I HEREBY CERTIFY, thatathe above and foregoing resolution was duly passed
and adopted by the City Council of the City of E1 Cerrito at a regular meeting
thereof held on the 19th day of November, 1984, by the following vote:
AYES: COUNCILMEMBER: Bacon, Howe, Lewis, Siri , Abelson
NOES: COUNCILMEMBER: None
ABSENT: COUNCILMEMBER: None
IN WITNESS 'WHEREOF, I have hereunto set my hand and affixed the corporate
seal of said City this 19th day of November, 1984.
Ewe
Lucille rish
City Clerk
APPROVED
[toward P. Abelson, Mayor
CE IED A TRUE Py
CLERK OF Y OF EL CERRITO, ALIF.
;s
U �
AMENDMENT TO PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
(County and City of El Cerrito)
(Tenth Year (1984-85) Activity #8)
SECTION 1. Parties
Effective December 1, 1984, the County of Contra Costa, a political Subdivision of the State of
California, hereinafter referred to as the "County", and the City of El Cerrito, hereinafter
referred to as "Contractor", hereby amend their April 1, 1984 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 $31,098.42.
•1 Page 2
PROJECT WORK PROGRAM
II. H. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE
CONTRACTOR: City of El Cerrito ACTIVITY NUMBER: 10-8
10890 San Pablo Avenue
El Cerrito, CA 94530
BUDGET PERIOD: April 1, 1984-March 31,1985
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total -$
8. Housing Conservation Program
Salary: 1 Inspector $31,098.42 -0- $319098.42
e
TOTAL $319098.42 -0- 31,098.42
Notes: (a) Detailed categories pursuant to OMB A-102.
(b) Items are eligible to be funded by CDBG funds.
(c) Estimate of other necessary expenditures that cannot be funded with CD
monies; and indication of anticipated sources.
(d) Sum of (b) and (c) above including both Community Development and non-
community Development funds.
(e) Contract Payment Limit for CD project.
Page 3
SECTION 3. Reaffirmance
Said April 1, 1984 Agreement, entitled "PROJECT AGREEMENT COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM" except as herein-above amended shall remain in full force and
effect.
COUNTY OF CONTRA COSTA, CALIFORNIA CONTR TO
Chairman, Board of Supervisors D� ate Official Capacity
" in Organization)
Attest: Ro ald,
Creagh, City Manager
Phil Batchelor, Clerk of the Board k
of Supervisors and County
Administy�to
By [ PAZ By:
Deputy Clerk Designate Official Capacity
in Organization)
Recommend by q
ment Note to Contractor-
(1) If a public agency, designate official
By: capacity in public agency and attach a certi-
'
e gnee, ny A. ehaesus fied copy of the governing body resolution
Directo of Planning authorizing execution of this agreement.
(2) All others: Execute acknowledgment
form above, and if a corporation, designate
Form Approval: County Counsel official capacity in business, execute acknow-
ledgment form and affix corporation seal.
r
By: C1/u► By
Dep ty Notary Public
(Affix Appropriate Acknowledgement Form) Dated:
1
r,33
TO: BOARD OF SOERVISORS
FROM: Anthony A. Dehaesus Contra
Director of Planning Costa
DATE: July 24, 1984 COUrlty
SUBJECT: Approval of the First Amendment to the Ninth Year (1983-84) Activity #9-4
Hotel Economic Development Loan, City of Martinez
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Authorize the Chairman to execute the first amendment to the Ninth Year
Community Development Block Grant Program Project agreement providing for
the incorporation of a Non-Financial Employment Plan Agreement.
BACKGROUND:
The incorporation of a Non-Financial Employment Plan Agreement into all
future loan transactions in order to better assure low and moderate
income benefit from this job producing type of financing. The intent of the
Non-Financial Employment Plan is to provide the County Private Industry
Council with the initial opportunity to provide job candidate referrals to
the borrower/employer. This Non-Financial Employment Plan is the imple-
menting instrument pursuant to a Memorandum of Understanding which
articulates the goals, policies and responsibilities of the respective
agencies.
CONTINUED ON ATTACHMENT: YES SIGNATURE'
RECOMMENDATION OF COUNTY ADMINISTRATOR
APPROVE CO M NDATION F OARD MMITTEE
OTHER/I
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
CC: Planning ATTESTED
Auditor-Controller J. . OLSS . C&INT1Y COINCLERK
CAO AND EX OFFICIO CLERK OF THE BOARD
County Counsel
Contractor
M382/7-83 mq BY , DEPUTY
AMENDMENT TO PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
(County and City of Martinez)
(Ninth Year (1983-84) Activity #9-4 Hotel Economic Development Loan)
SECTION 1. Parties
Effective on July 10, 1984 the County of Contra Costa, a political Subdivision of the State of
California, hereinafter referred to as the "County", and the City of Martinez hereinafter
referred to as "Contractor", hereby amend their April 1, 1984 Agreement entitled "PROJECT
AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" as follows:
SECTION 2. Alteration
1. D. PERFORMANCE STANDARDS
10. The Contractor shall cause to be executed as a part of each economic development loan
pursuant to this Agreement, a Non-Financial Employment Plan Agreement substantially
in the form as attached. Under 'no circumstances shall the terms and conditions of this
Agreement or the Non-Financial Employment Plan Agreement be modified or altered
without prior written consent from the County Planning Department. The use of the
employment plan is mandatory' to ensure a commitment of all parties to the loan to
increase employment opportunities to the low income and unemployed residents of
Contra Costa County, consistent with the Memorandum of Understanding By and
Between the County of Contra Costa Private Industry Council and Planning Department.
This Non-Financial Employment Plan Agreement is intended to be an implementing
instrument pursuant to a Memorandum of Understanding between the County of Contra
Costa Planning Department and Private Industry Council. Said Memorandum of
Understanding articulates goal, policies, and responsibilities of the respective agencies in
implementing, among other things, components of the Community Development Block
Grant Program.
SECTION 3. Reaffirmance
Said April 1, 1984 Agreement, entitled "PROJECT AGREEMENT COMMUNITY DEVELOP-
MENT BLOCK GRANT PROGRAM" except as herein-above amended shall remain in full
force and effect.
a
COUNTY OF CONTRA COSTA, CALIFORNIA C4signWicial
By M �Uly�!/L,��/V� B
Chairman, Board of Supervisors C acity
on)
ATTEST: J. R. OLSSON, County Clerk
By �, ��� /g By City Mana er
Deputy Designate Official Capacity
in Organization)
Recomm ed by Dep rtment
Note to Contractor: 1) If a public agency,
LBy
designate official capacity in public
agency and attach a certified copy of the
Des' n e, AntlHny A. ehaesus governing body resolution authorizing the
Director of lanning 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
ep afy
(Affix appropriate acknowledgement form)
7/2/84
NON-FINANCIAL EMPLOYMENT PLAN AGREEMENT
This agreement, between ("Lender") and
(Employer), will be used to assure continuing employment opportunities to economically
disadvantaged and unemployed residents of the County. Under this Non-Financial Employ
ment Plan Agreement, the Employer will use the Contra Costa County ("County") as its
initial resource for recruitment, referral, and placement in positions covered herein. This
Agreement is not a loan agreement.
I. General Terms
A) Contra Costa County seeks to provide Community Development Block Grant (CDBG)
funded low interest loans for business expansion. By virtue of this loan, the County
expects to realize additional employment opportunities for lower income and unem-
ployed persons. The Lender has negotiated a loan with the Employer as follows and as
additionally described in Attachment A:
Loan Amount $
Interest Rate
Term
B) In consideration for the low interest loan described above, the Employer agrees to enter
into this Agreement and agrees to use the County as its initial resource for
recruitment, referral and placement of employees. The County may delegate its
responsibilities under this Agreement to other qualified agencies.
C) The Employer agrees to hire at least the equivalent of one full-time employee per
$ in CDBG loan funds during the initial one-year period following disburse-
ment of CDBG funds.
D) It is the Employer's expectation that the business loan described in Section A above and
in Attachment A will result in additional employment opportunities (of a non-mana-
gerial, not highly technical, and/or professional variety), as follows, and as shall be
further described in a Job Order Form provided by the County:
Number of Anticipated
Job Title Positions Wage/Salary Hiring Date
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
E) The County will provide employment recruitment, referral, and placement services
to the Employer subject to the limitations set out in this Agreement.
• • Page 2
F) The County's employment and training responsibilities under this Agreement, unless
otherwise assigned, will be carried out by:
Contra Costa County Private Industry Council
2425 Bisso Lane, Suite 100
Concord, CA 94520
(415) 671-4239
G) This Agreement shall take effect when signed by the parties below and fulfillment of
all specified requirements shall be initiated within the first year, and shall be in force
within two years following disbursement of CDBG funds. Further, this agreement
shall remain in full force and effect for the period of years, as negotiated
between the Lender and the Employer.
II. Employment Recruitment
A) The Employer agrees that "covered positions" include all Employer's job openings in
Contra Costa County created as a result of internal promotions, termination, and
expansion of Employer's workforce, within the positions listed in Section I (D).
B) At least working days prior to anticipated hiring dates, the Employer will
notify the Contra Costa County Private Industry Council of its needs for new
Employees in the covered positions. Notification shall be by Job Order Form
provided by the County, and shall include, but not be limited to:
a) Number of employees needed by job title.
b) Job description including minimum qualifications stated in quantifiable and
objective terms.
c) Work to be performed.
d) Hiring dates.
e) Rates of pay.
f) Hours of work.
g) Anticipated duration of employment.
C) Positions which are not managerial, highly technical, or professional, created by the
Employer during the term of this Agreement shall also be regarded as covered by this
Agreement. Positions of a supervisory nature requiring two or more years of formal
training, and positions filled by internal promotion from the Employer's existing
workforce are not considered covered positions.
D) The Employer may elect to notify the County Private Industry Council of all position
vacancies which are not covered as defined in Section A above. Notification may be
by a Job Order Form provided by the County and shall include a date by which the
Private Industry Council may refer applicants to the Employer for said non-covered
positions. The Employer is not bound to hire employees for these "uncovered"
positions from these referrals.
III. Referral
A) The Contra Costa County .Private Industry Council will refer job applicants eligible
pursuant to the Job Training Partnership Act (DTPA) and the Community Develop-
ment Block Grant regulations to the Employer in response to the notification of need
for new employees described in Section I (C) and the Job Order Form completed by
the Employer and submitted to the Private Industry Council.
Page 3
B) The Contra Costa County Private Industry Council will screen applicants according to
the qualifications agreed upon with the Employer.
C) Contra Costa County Private Industry Council will notify the Employer of the number
of applicants it will refer and begin making referrals no later than 10 working
days prior to the anticipated hiring date. The Contra Costa County Private Industry
Council will make every reasonable effort to refer at least one qualified person, or
more if desired, for each job opening.
D) In the event that the Contra Costa County Private Industry Council is unable to refer
any or all of the qualified personnel requested, the employer will be notified by the
Contra Costa County Private Industry Council. The Employer will then be free to
directly fill remaining positions. In this event, the Employer will make a good faith
effort to hire economically disadvantaged County residents through additional
appropriate recruitment techniques approved by the Lender as being in conformance
with terms of the loan being provided.
IV. Placement
A) All decisions on hiring new employees will be made by the Employer; the Employer
agrees to provide priority consideration to prospective employees for covered posi-
tions from the qualified persons referred by the Contra Costa County Private
Industry Council. If the Employer does not find any of the persons so referred to
qualify for the opening(s), the referral agency will be notified.
B) The Contra Costa County Planning Department will monitor job retention and
employment performance of employees placed under the Agreement. The Employer
agrees to cooperate in these follow-up efforts, and to provide semi-annual hiring
summaries in the first three years, and annually thereafter, in a form acceptable to
the County.
C) After the Employer has selected employees through referrals of the Private Industry
Council, the Private Industry Council will not be responsible for the Employee's
actions and the Employer hereby releases the County of liability.
V. Training
A) The Contra Costa County Private Industry Council and the Employer may agree to
develop additional job training programs; the training specifications and the cost for
such training will be mutually agreed upon by the Employer and the PIC and covered
in a separate training agreement.
VI. Controlling Regulations & Laws
A) If this Agreement conflicts with any labor laws or other governmental regulations,
the laws or regulations shall prevail.
B) If this Agreement conflicts with a collective bargaining agreement to which the
Employer is a party, the bargaining agreement shall prevail.
C) The Employer shall not discriminate against any applicant for employment due to
race, religion, age, color, sex, national origin, physical handicap, or political
affiliation.
Page 4
VII. Indemnification, Assignment Modification, and Renewal
A) The Employer and Lender shall defend and indemnify the County and Private Industry
Council 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 liability 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.
B) If, during the term of this Agreement the Employer should transfer possession of all
or a portion of its business concerns to any other party by lease, sale, assignment or
otherwise, the Employer as a condition of transfer shall require the party taking
possession to agree, in writing, to the terms of this Agreement and to obtain approval
of the Lender. A new Non-Financial Employment Plan Agreement will be executed
with the new party prior to the effective date of the transaction.
C) This Agreement may, upon mutual agreement, be modified in order to improve the
working relationship described herein.
D) The Lender may terminate this Agreement at any time by written notification if its
federal, state or local grants are suspended or terminated before or during the
contract period.
ACCEPTANCE:
LENDER EMPLOYER
JK:Isw #6
Attachment A
Community Development Block Grant
Revolving Loan Parameters
1. Borrower Name:
2. dba (Firm Name):
3. Address:
4. Phone Number:
5. Type of Business:
6. Years in Business:
7. Business Form: Sale Proprietorship
Partnership
Corporation
8. Proposed Loan Amount:
9. Use of Funds: Expansion
Relocation
Site Purchase
Construction
Rehabilitation
Machinery & Equipment
Working Capital
10. Sources & Uses:
Proposed Uses $ Proposes Sources $
Borrower
CDBG Revolving Loan
Bank
SBA
Other
Total $ Total $
Page 2
11. Current Employment
12. Projected Employment
13. Job Types to be Created by Project
Type Number
a.
b.
C.
d.
14. Ratio of New Jobs/CDBG Loan Amount:
15. Location of Projects
Neighborhood Preservation Area
Name of NPA
Non-NPA
16. Minority Business Information
(51% minority owned)
a. White
b. Asian/Pacific Islander
c. Black
d. Hispanic
e. American Indian/Alaskan Native
RESOLUTION NO. 99-84
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MARTINEZ APPROVING THE
AMENDED COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM PROJECT AGREEMENT RE:
THE HOTEL
THE CITY COUNCIL OF THE CITY OF MARTINEZ DOES RESOLVE AS FOLLOWS:
SECTION 1. The Martinez City Council approves the Amendment to the CDBG
Program Project Agreement with regard to a Non-financial
Employment Plan agreement.
SECTION II. The City Manager is hereby approved and authorized to exe-
cute the agreement with the County and the City of Martinez.
SECTION III. This resolution shall become effective immediately upon its
passage and adoption.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution
duly adopted by the City Council of the City of Martinez at a regular meeting
of said Council held on the 3rd day of July 1984, by the following vote:
AYES: Councilmembers Hernandez, Langley, and Pollacek.
NOES: None.
ABSENT: Councilmember Radke and Mayor Menesini.
LAWRENCE J. KOWALSKI
City Clerk,, City of Martin
BY: PATRICIA G. BECKEY
Deputy City Clerk
WP.217/41
/3.6
TO: BOARD OF SUPAISORS
Contra
FROM: Anthony A. Dehaesus
Director of Planning Costa(
DATE: February 8, 1984 County
SUBJECT: Approval of the Ninth Year ( 1983-84) Community Development Block
Grant (CDBG) with the City of Concord.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
Authorize the Chairman to execute the Ninth Year ( 1983-84) CDBG Program Project Agreement
with the City of Concord to implement project #29 - .Handicap Improvements at the Veterans
Building 2290 Willow Pass Road with a payment limit of $13,000.
JUSTIFICATION/BACKGROUND
The City of Concord approached the Board on September 20, 1983 relative to the County
providing up to $13,000 in shared funding with the City in order to implement handicap
access as origina-lly designed. The project was initially funded at $24,000 but the total
costs for the project came in at $37,000. The City has agreed that the initial $24,000
will be expended before utilizing County Community Development funds. The Board approved the
reallocation of $13,000 from CD contingency for this project on January10, 1984.
t
CONTINUED ON ATTACHMENT: YES SIGNATUR
41- RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM NDATI ,� 07 BOARD CO MITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON 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 SUPERVISORS ON THE DATE SHOWN.
CC: Planning ATTESTED
County Administrator J.R. OLSUNTY CLERK
Auditor-Controller AND EX OFFICIO CLERK OF THE BOARD
County Counsel
Contractor
M382/7-e3 BY DEPUTY
I
copy
PROJECT AGREEMENT
!COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 29
I. Agreement Identification.
Department: County Planning Department
Subject: Allocation of Federal funding under Title I of the Housing and
Community Development Act of 1974, as amended.
2. Parties.
The County of Contra Costa, California (County), for its Department named above,
and the following named Contractor mutually agree and promise as follows:
Contractor: City of Concord
Address: 1950 Parkside
Concord, CA 94519
3. Term.
The 'effective date of this Agreement is January 1, 1984 and it terminates
March 31, 1984, unless sooner terminated as provided herein, subject to all terms,
conditions, and assurances contained or incorporated herein.
4. Allocation Payment Limit.
County's total payments to Contractor under this Agreement shall not exceed
$ $13,000 .
5. County's Obligations.
County shall make those allocation payments to the contractor described in the
"Payment Provisions" attached hereto which are incorporated-herein by reference,
subject to all terms, conditions, and assurances contained or incorporated herein.
6. General Conditions and Assurances.
This Agreement is subject to the "General Conditions" and the "Certifications"
attached hereto, which are incorporated herein by reference.
7. Contractor's Obligations.
Contractor shall provide those services and carry out that work as described in and
in accordance with the "Project Work Program" attached hereto, which is incor-
porated herein by reference, subject to all the terms, conditions and assurances
contained or incorporated herein.
8. Project.
This Agreement implements in whole or in part the following described project, the
application and approval documents of which are incorporated herein by reference:
That Project as described in the Final Statement of Community- Development
Objectives and Projected Use of Funds dated February 1, 1983 , 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
By: �onit �4jZ�G2SDt�t By: kI-A A40 MAYOR
Chairman, Board of Supervisors (Designate Tffi#ial Capacity
ATTEST: J. R. OLSSON, County Clerk in Organization)
ATTE
' By: By- CITY CLERI
De ty (Desi nate Offi 1 Capacity(-9'g
in Organization)
Recomme ed by Dep ent ---,,Note to Contractor:
i ) If a public agency, designate official
�f capacity in public agency and attach a certi-
By' fled copy of the governing body resolution
Anth y A. Dehae s authorizing execution of this agreement.
orm pproved: Cou ty 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.
(Affix Appropriate s
Acknowledgement Form)
fit
Page 2
EXHIBIT A
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT PROGRAM 1983-1984
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
The City of Concord has funded improvements to the Veterans Building at 2290 Willow Pass
Road, providing for handicap facilities and an access ramp. The Phoenix Programs, Inc.
operates an adult day-care center that serves the entire County. The $13,000 allocation
from the County will augment the City's allocation only to the extent that all other funds
are expended first.
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
Construction of Handicap Jan. 1984 March 1984
Access Ramp and Restroom
Modifications
C. PROJECT GOALS
Contractor shall define project objectives.
Construct handicapped ramp.
Page 3
PROJECT WORK PROGRAM
D. PERFORMANCE STANDARDS
The performance standards indicated (details of project implementation) will be applied in
implementing the Work Program.
1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD
regulations including Equal Opportunity and Section 3 provisions, as provided in the
"Guide for Compliance with Assurances and Certification Under the Housing and
Community Development Act", as provided by the County Planning Department.
2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the
contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance
Form signed by the supplier service prior to the receipt of any goods or initiation of
any services. The required forms are available from the County Planning Department.
3. All contracts under $10,000 entered into shall be in compliance with procurement
procedures contained in Office of Management and Budget (OMB) Circular A-102,
attachment O and any other applicable HUD regulations.
4. In all construction contracts over $2,000 enforce and administer Labor Standards
Requirements in accordance with Title 1 of the Housing and Community Development
Act of 1974, HUD Handbook 6500.3 - Labor Standards Administration and Enforce
ment, Community Development Block Grant Program, and as provided in the Compli-
ance Guide cited.
5. All construction contracts over $10,000 shall be in compliance with bid procedures
contained in the 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 require-
ments of the Clear Air Act and Federal Water Pollution Control Act.
7. Comply with all applicable building codes and laws in the construction work and ensure
that access to the handicapped will be provided in accordance with the requirements
of the "American Standard Specifications for Making Buildings and Facilities Access-
ible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1971.
8. Shall, at a minimum, notify applicable minority owned business firms located in Contra
Costa County of bid opportunities for Community Development funded projects and
maintain documentation of such efforts. A listing of minority owned businesses
located in Contra Costa County and neighboring counties is available from the County
Planning Department.
9. Transmit to the County Planning Department a copy of all construction contracts over
$2,000 prior to the Contract being advertised to ensure that all appropriate require-
ments and provisions have been included.
10. The City of Concord agrees that all other funds will be expensed prior to requesting
County funds in connection with the handicap improvements.
l
E. PROJECT ADMINISTRATION
Contractor should indicate who will be responsible for administering the Work Program.
Lydia Duborg
City of Concord
1950 Parkside Drive
Concord, CA 94519
Page 4
PROJECT WORK PROGRAM
F. PROGRAM MONITORING
1. Contractor's staff will meet at least once per quarter with appropriate County staff
and Housing and Community Development Advisory Committee representatives, where
applicable, to discuss progress of the Contractor toward achieving stated work
program objectives and to assist Contractor's staff in solving problems.
2. Contractor shall maintain and submit Quarterly Progress Reports to the County
Planning Department.
3. Contractor shall maintain and submit quarterly monitoring and progress reports on
work performed by sub-contractors.
G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE
CONTRACTOR: City of Concord ACTIVITY NUMBER: 29
1950 Parkside Drive
Concord, CA 94519
BUDGET PERIOD: January 1, 1984-March 31,1984
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total -$
29. Handicap Improvements $139000 $24,000* $37,000
- Construction
- Engineering
- Architect
*City of Concord funds.
e
TOTAL $139000 $24,000 $37,000
Notes: (a) Detailed categories pursuant to OMB A-102.
(b) Items are eligible to be funded by CDBG funds.
(c) Estimate of other necessary expenditures that cannot be funded with CD
monies; and indication of anticipated sources.
(d) Sum of (b) and (c) above including both Community Development and non-
community Development funds.
(e) Contract Payment Limit for CD project.
CERTIFICATIONS
I. The grantee/contractor hereby assures and certifies that it will comply with the
regulations, policies, guidelines and requirements with respect to the acceptance and use
of Federal funds for this federally-assisted program. Also the grantee/contractor gives
assurances and certifies with respect to the grant in-so-much as they are applicable, that:
(a) It possesses legal authority to make a grant submission and to execute a community
development and housing program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion
or similar action authorizing the person identified as the official representative of
the grantee to submit the final statement, all understandings and assurances .
contained therein, and directing and authorizing the person identified as the official
representative of the grantee to act in connection with the submission of the final
statement and to provide such additional information as may be required.
(c) That prior to submission of itsfinal statement to HUD, the grantee/contractor has
met the citizen participation requirements, prepared its final statement of com-
munity development objectivesand projected use of funds, and made the final
statement available to the public, as required by Section 104(a)(2) of the Housing and
Community Development Act of 1974, as amended;
(d) It is following a current housing assistance plan which has been approved by HUD and
which meets the requirements of Section Section 104(a)(2) of the Housing and
Community Development Act of 1974, as amended;
(e) It has developed its final statement of projected use of funds so as to give maximum
feasible priority to activities which benefit low- and moderate-income families or aid
in the prevention or elimination of slums or blight; the final statement of projected
use of funds may also include activities which the grantee/contractor certifies are
designed to meet other community development needs having a particular urgency
because existing conditions pose a serious threat to the health and welfare of the
community, and other financial resources are not available;
(f) Its chief executive officer or other officer of the grantee/contractor approved by
HUD:
(1) Consents to assume the status of a responsible Federal official under the
National Environmental Policy Act of 1969 and other authorities as specified in
24 CFR 58.5; and
(2) Is authorized and consents on behalf of the grantee/contractorand himself/her-
self to accept the jurisdiction of the Federal courts for the purpose of
enforcement of his/her responsibilities as such an official;
II. The grant will be conducted and administered in compliance with:
(1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing
regulations issued at 24 CFR Part 1;
(2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that
the grantee will administer all programs and activities related to housing and
community development in a manner to affirmatively further fair housing;
l '
(3) Section 109 of the Housing and Community Development Act of 1974, as
amended; and the regulations issued pursuant thereto;
(4) Section 3 of the Housing and Urban Development Act of 1968, as amended;
(5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and
implementing regulations issues at 41 CFR Chapter 60;
(6) Executive Order 11063, as amended by Executive Order 12259, and implementing
regulations at 24 CFR Part 107;
(7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and
implementing regulations when published for effect;
(8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple-
menting regulations when published for effect;
Certifications - Page 2
(9) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102,
Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal
funds under this federally-assisted program;
III. The relocation requirements of Title II and the acquisition requirements of Title III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and
the implementing regulations at 24 CFR Part 42;
IV. The acquisition requirements of Title III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR .
Part 42;
V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD
regulations issued to implement such requirements;
VI. Executive order 11988 relating to the evaluation of flood hazards and Executive Order
11288 relating to the prevention, control, and abatement of water pollution. The flood
insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of
1973 (Pub.1.93-234); and
VII. No member, officer or employee of the grantee/contractor, or its designees or agents, no
member of the governing body of the locality in which the program is situated, and no
other public official of such locality or localities who exercises any functions or
responsibilities with respect to the program during his/her tenure or for one year
thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or
the process thereof, for work to be performed in connection with the program assisted
under the Grant, and that is shall incorporate, or cause to be incorporated, in all such
contracts or subcontracts a provision prohibiting such interest pursuant to the purposes
of this certification;
VIII. It will comply with the provisions of the Hatch Act which limits the political activity of
employees;
IX. It will give HUD and the Comptroller General or any authorized representatives access to
and the right to examine all records, books, papers, or documents related to the grant;
X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to
the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.).
Revised 12/23/82 i
GENERAL CONDITIONS
1. Compliance with Law. Contractor shall be subject to and comply with all
Federal, State and local laws and regulations applicable to public agencies with respect to
its performance hereunder, including but not limited to Federal regulations, guidelines,
bulletins, and circulars pursuant to Title I of the Housing and Community Development Act
of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as
published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may
be revised and amended; and which are incorporated herein by reference. Documentation of
such compliance shall be made available for review by the County upon request.
2. Insoection. 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 concerniro 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".
� w •a
Page 3
17. Confidentiality. Contractor agrees to comply and to require his employees to
comply with all applicable State of Federal statutes or regulations respecting confiden-
tiality, including but not limited to, the identity of recipients, their records, or services
provided them, and assures that:
(a) All applications and records concerning any individual made or kept by
Contractor or any public officer or agency in connection with the administration of or
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 ales 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:
l
(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 elective date of notice shall be the date of
deposit inthe mails or of other delivery.
i
Page 4
21. Available Copies. Copies of the County's Project documents (as speci-
fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues,
regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be
available at all times for inspection by the Contractor during regular business hours at the
Offices of the Planning Department, Martinez, California.
22. Retained Powers. All powers not explicitly invested in the Contractor
remain in the County.
23. Project Development.
(a) If the Project includes construction, the construction plans and
specifications shall be reviewed and approved by the Contractor before construction is
commenced.
(b) The Contractor shall secure completion of the construction work in
accordance with the approved construction plans and specifications.
(c) If the Project includes acquisition of real property, the purchase
price for such property shall be determined in accordance with the requirements
contained in Department of Housing and Urban Development (HUD) Handbook 1376.1,
Relocation and Real Property .Acquisition. The appraisal reports and qualifications of
appraisers shall be submitted for'review and approval by the County before initiation of
the acquisition procedure. Contractor agrees to furnish County preliminary title reports
respecting such real property or such other evidence of title which is determined to be
sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at
the close of escrow any defects of title which in the opinion of County might interfere
with the operation of the Project. In condemnation actions such title defects must be
eliminated by the final judgement.
24. Project Termination.
It shall be a policy of the County that any project funded in any way
through the Community Development Program that is cancelled, abandoned or fails during
the contract period or is otherwise completed, all remaining funds allocated shall be
immediately returned to the County. Property acquired with the use of federal funds, in
whole or in part, under the Community Development Program that falls to disuse, is
abandoned or is no longer needed for the original intended purpose within 20 years of
acquisition, will be disposed of in accordance with OMB Circular A-102, Attachment N,
with prior written approval and coordination with county staff.
la
PAYMENT PROVISIONS
1. Pavment Basis. County shall in no event pay to the Contractor a sum in excess
of the total amount specified in the Payment Limit of this Agreement. Subject to the -
Payment Limit, it is the intent of the parties hereto that the total payment to Contractor
for all services provided for County under this Agreement shall be only for costs that are
allowable costs (see Paragraph 3 below) and are actually incurred in the performance of
Contractor's obligations under this Agreement. All payments made under this Agreement
shall be from Federal funds only. No general County funds shall be expended under this
Agreement. If, for any reason whatsoever, County does not receive such Federal funds,
Contractor agrees that County shall have no payment obligation hereunder.
2. Pavment 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 Pavment 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
l .
copy .
1 BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
2 'COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
3 A Resolution Authorizing the Exe-
cution of an Agreement With Contra
4 Costa County for the Receipt of
$13,000 to Assist in the Funding
5 of Project 785 of the City of Con-
cord Community Development Pro-
6 gram, Removal of Barricades to the
Handicapped at Concord Veterans
7 Hall. RESOLUTION NO. 84-12
8
9 WHEREAS, Contra Costa County is the owner of a building on
10 Willow Pass Road identified as Concord Veterans Hall, which
11 building is used by citizens of this City and the County; and
12 WHEREAS, improvements need to be made to this facility in
13 order to improve accessibility to the facility by the handi-
14 capped; and
15 WHEREAS, 'the City of Concord allocated in the 1982-83 Commun-
16 ity Development Program $24,000 for these improvements; and
17 WHEREAS , it has been estimated that these improvements will
18 cost approximately $37,000 ; and
19 WHEREAS , the County has indicated its willingness to share in
20 the funding of this project by $13,000 ; and
21 WHEREAS , an agreement has been prepared setting forth the ob-
22 ligation of the City and the County for sharing the funding of
23 these improvements; and
24 WHEREAS, said agreement was submitted to the City Council for
25 consideration at its meeting of January 9 , 1984 .
26 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES
27 RESOLVE AS FOLLOWS:
28 Section 1 . Authorizes the execution of an agreement with
1 Contra Costa County to provide for the sharing of funding for
2 handicapped accessibility improvements which are to be made at
3 Concord Veterans Hall.
4 Section 2 . This resolution shall become effective immediate-
5 ly. upon its passage and adoption.
6 PASSED AND ADOPTED by the City Council of the City of Concord
7 on the 9th day of January, 1984, by the following vote:
8 AYES: Councilmember - J. Bulman, R. Mullin, S. Weir, D. Longshore
9 NOES: Councilmember - None
10 ABSENT: Councilmember - C. Coll
11 I HEREBY CERTIFY that the foregoing resolution was duly and
12 regularly adopted at a regular meeting of the City Council of the
13 City of Concord on January 9, 1984.
14 : �•
15
BERNADETTE CARROLL, CITY CLERK
16
17 APPROVED AS TO FORM
18
C.
X19 ttorney
20
21 cc: Contra Costa County Planning Department (4 certified)
cmtmmity Development 2-2-84
22
23
24
25
26
27
28
-2-
TO: -BOARD OF $UORVISORS
FROM:. Anthony A. Dehaesus Contra
Director of Planning Costa}
DATE: December 16, 1983 County
Approval of the First Amendment to the City of El Cerrito's Ninth Year (1983-84)
suBJEcr: "Jobs Bill" CDBG Program Project Agreement, Project #11 - Senior Center Expansion
(Original Agreement approved on August 2, 1983)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. Authorize the Chairman to execute the first amendment to the Community
Development Program Project Agreement incorporating $60,000 from
contingency increasing the payment limit from $300,000 to $360,000.
BACKGROUND/JUSTIFICATION
1. The City of El Cerrito received funding under the "Jobs Bill" program (PL98-8)
in the amount of $300,000 for construction of a senior center. When the bids
were received for this project, the lowest bidder came in at $395,000 for the
base proposal and $268,000 with the deductive alternatives factored out. The
City felt that the project would be too "bare bones" at the $268,000 price and
requested additional funding to provide for certain electrical and heating
improvements and the incorporation of exterior and interior design features
tying the old structure to the new building. This action ,was approved by the
Housing and Community Development Committee at the regular meeting on
November 9, 1983.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECO ENA ON OF B ARD COMMITT
APPROVE OTHER % /
SIGNATURE(S) �u v
i
ACTION OF BOARD ON O APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
County Administrator
CC: Auditor-Controller ATTESTED d /
Planning Department J.R. 99SSON, COUNT CLERK
Contractor via Planning AND EX OFFICIO CLERK OF THE BOARD
M382/7-83 P BY �' �,(�L.� DEPUTY
AMENDMENT TO PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
(County and City of El Cerrito)
"Jobs Bill" (1983-84) Activities #10)
SECTION 1. Parties
Effective November 29, 1983, the County of Contra Costa, a political Subdivision of the State of
California, hereinafter referred to as the "County", and the City of El Cerrito hereinafter
referred to as "Contractor", hereby amend their August 21, 1983 Agreement entitled "PROJECT
AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" as follows:
SECTION 2. Alteration
I. 4. Allocation Payment Limit.
County's total payments to Contractor under this Agreement shall not exceed
$360,000.
Page 2
PROJECT WORK PROGRAM
II. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE
CONTRACTOR: City of El Cerrito ACTIVITY NUMBER: 11
10890 San Pablo Avenue
El Cerrito, CA 94530
BUDGET PERIOD: August 1, 1983-March 31,1984
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total -$
11. El Cerrito Sr. Center $3602000 -0- $3609000
- Architect/Engineer
- Bid Preparation
- Advertisement
- Construction
- Inspection
(e) `
TOTAL ` $360 000 -0-
$360,000
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.
Page 3
SECTION 3. Reaffirmance
Said August 21, 1983 Agreement, entitled "PROJECT AGREEMENT COMMUNITY DEVELOP-
MENT BLOCK GRANT PROGRAM" except as herein-above amended shall remain in full force
and effect.
COUNTY OF N A, CALIFORNIANTRACT
By: Ronald D. Creagh, City Manager
hairman, oard of SZPegxjsors esignate Official Capacity
in Organization)
ATTEST: J. R. OLSSON, County Clerk
By: By:
De uty (Designate Official Capacity
in Organization)
Recommended y Depart ent
ote to Contractor:
2( ) If a public agency, designate official
apacity in public agency and attach a certi-
By' esig ee, Aony A. D�haesus fied copy of the governing body resolution
�
Director Tanning authorizing execution of this agreement.
(2) All others: Execute acknowledgment
form above, and if a corporation, designate
Form Approval: County Counsel official capacity in business, execute acknow-
ledgment form and affix corporation seal.
By: itil By
Deputy Notary Public
(Affix Appropriate Acknowledgement Form) Dated:
RESOLUTION 83-71
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO, AUTHORIZING THE CITY
MANAGER TO AMEND THE CONTRACT WITH CONTRA COSTA COUNTY FOR SENIOR CENTER
ADDITION AND REMODELING.
WHEREAS, The Contra Costa County Board of Supervisors allocated $300,000
from the Community Development Block Grant Program on August 2, 1983, and
WHEREAS, the Contra Costa County Board of Supervisors allocated an
additional $60,000 from the Community Development Block Grant Program on
November 29, 1983;
NOW, THEREFORE, BE IT RESOLVED, that the E1 Cerrito City Council
authorize the City Manager to amend the agreement to a total of $360,000 for
the addition and remodeling of the E1 Cerrito Senior Center.
I HEREBY CERTIFY, that the foregoing resolution was duly passed and
adopted by the City Council of the City of E1 Cerrito, County of Contra Costa,
State of California, at a regular meeting thereof held on the 5th day of
December, 1983, by the following vote:
AYES: COUNCILMEMBERS: Bacon, Howe, Lewis, Siri , Abelson
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of said City this 5th day of December, 1983.
re .
Lucy Iris City C er
APPROVED:
owar a son, mayor
k 31Ef? A iR COPY
THE CITY OF EL CERRITO CALIF.
,w.
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on /3 1713 , by the following vote:
AYES: Powers, Faliden, Schroder. McPeak.Toriakson
NOES:
ABSENT:
SUBJECT: Approval of the Ninth Year (1983-84) CDBG Program Project Agreement
and Carryover of Certain Funds ; City of San Pablo
The Board having heard the recommendation of the Director of Planning
that it approve the Ninth Year Community Development Program Project Agreement
composed of the following projects, allocations and carried-over funds with a
payment limit of $393,915.66:
Project Allocation
9. Housing Assistance Program $ 30,000
12. Housing Rehabilitation Program 294,000
(8th Year Carryover) 69915^66
Contract Total $393,915.66
IT IS BY THE BOARD ORDERED that the above recommendation is approved
and that its Chairman is authorized to execute said agreement.
1 hereby certify that this Is a true and correct copy of
an action taken and entered c;r,: 'Aic r.,'M1:ato; of fhe
Board of Sup crvton t€o rrrado:5oc�s.
ATTESTED:
J.Ft. OLvWNf CO4ii+3 a y FaL'<e
and ex officio Clerk of the Board
By , Deptdr
Orig. Dept.: Planning
cc: County Administrator
Auditor-Controller
County Counsel
Contractor
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 12,
1. Agreement Identification.
Department: County Planning Department
Subject: Allocation of Federal funding under Title I of the Housing and
Community Development Act of 1974, as amended.
2. Parties.
The County of Contra Costa, California (County), for its Department named above,
and the following named Contractor mutually agree and promise as follows:
Contractor: City of San Pablo
Address: One Alvarado Square
San Pablo, CA 94806
3. Term.
The effective date of this Agreement is April 1, 1983; and it terminates March 31,
1984,unless sooner terminated as provided herein, subject to all terms,conditions,and
assurances contained or incorporated herein.
4. Allocation Payment Limit.
County's total payments to Contractor under this Agreement shall not exceed
$393,915.66.
"5. County's Obligations.
County shall make those allocation payments to the contractor described in the
"Payment Provisions" attached hereto which are incorporated herein by reference,
subject to all terms, conditions, and assurances contained or incorporated herein.
6. General Conditions and Assurances.
This Agreement is subject to the "General Conditions" and the "Certifications"
attached hereto, which are incorporated herein by reference.
7. Contractor's Obligations.
Contractor shall provide those services and carry out that work as described in and
in accordance with the "Project Work Program" attached hereto, which is incor-
porated herein by reference, subject to.all the terms, conditions and assurances
contained or incorporated herein.
8. Project. ^
This Agreement implements in whole or in part the following described project, the
application and approval documents of which are incorporated herein by reference:
That Project as described in the Community Development Block Grant Program
Application dated February 1, 1983, and approved by HUD on April 59 1983;
and as more particularly described in the "Project Work Program", attached hereto.
9. Signatures.
These signature attest the parties' agreement hereto:
COUNTY OF NT TA CALIFORNIA CONTRACTOR
By: It
Chairman, Board of Supervisors fz
Designate Official Capacity
ATTEST: I R. OLSSON, County Clerk in Organization)
By: By:
Deputy (Designate Official Capacity
Recomm ded by D artment in Organization)
Note to Contractor:
A-� (1) If a public agency, designate official
By, capacity in public agency and attach a certi-
n ho y A._Pehaesus fied copy of the governing body resolution
authorizing execution of this agreement.
orm A proved: unty Counsel (2) All others: Execute acknowledgment
form above, and if a corporation, designate
By. -�=� official capacity in business, execute acknow-
ledgment form and affix corporation seal.
d (Affix Appropriate
Acknowledgement Form)
• r
i
Page 2
EXHIBIT A
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT PROGRAM 1983-1984
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
#9 - Housing Assistance Plan Implementation (HAP) - This activity involves the implementa-
tion of supportive activities relative to the County/City Housing Assistance Plan and the
City Housing Element policies and action programs. The major undertaking under this
activity this year will be the updating of the City Housing Element as mandated by AB-2853.
#12 - Housing Rehabilitation - This activity consists of the following:
a) Continuation of housing rehabilitation and code enforcement program offe'.ng the
following loans and services: reduced interest rate (EMIR) rehab loans, 3% and 0% deferred
loans, short term Construction Loans, emergency relocation and settlement cost graeas plus
technical and financial counseling to qualified residents in the North and Sowh. NPA.
Community Development Funds will be supplemented with SB-99 rehabilitation revenue bond
proceeds and the State SB-966 loan commitments (if and when available).
b) Continuation of the Neighborhood _Beautification and Clean-up Program consisting of a
painting rebate and dumpster program.
c) Continuation of the Demolition Revolving Fund Program to front the costs of demolish
vacant, substandard building in the North and South NPA. Liens will be placed against the
affected properties to ensure the recovery of such funds, with the intention that the
program will be self-supporting at some future date.
d) Continuation of the rehabilitation project at Willow Square Apartments, a 44-unit
complex with Section 8 Moderate Rehabilitation allocations.
B. PROJECT TIME SCHEDULE
Time Schedule on a month-by-month basis for the above Project indicating when major
activity items are expected to be undertaken and completed.
Work Item Start Date Completion Date
#9 (HAP)
a Continue HAP Activities April 1, 1983 March 31, 1984
b) Prepared, develop & update City April 1, 1983 March 31, 1984
Housing Element
Housing Rehabilitation
a) Hire or continue existing staff for April 11 1983 March 31, 1984
housing rehab program -
b) Receive applications, process architectural
and financial packages, monitor and complete
construction, make loans and grants for rehab April 1, 1983 March 31, 1984
c) Start painting rebate and dumpster program April 1, 1983 -March 31, 1984
d) Continue City abatement program, April 1, 1983 March 31, 1984
monitor and demolish vacant properties
e) Complete rehabilitation of Willow Already Started August 31, 1983
Square apartments (March 1983)
Page 3
C. PROJECT GOALS
Contractor shall define project objectives.
#9 (HAP) - To Continue implementing supportive activities relative to the County/City HAP
as well as to the policies and action programs in the City Housing Element, primarily
relating to provision of affordable housing to low and moderate income households, and to
complete the update of the City Housing Element by June 30, 1984.
#12 Housing Rehabilitation
a To provide various types of financial and technical assistance through loans ranging from' '
3%-5%, BMIR loans, 0% and 3% deferred loans, interim Construction Loans, grants or
combinations thereof and thus enable approximately 40 families in the North and South San
Pablo NPA to renovate and/or refinance their homes.
b) To provide cash rebates to 100 painting program participants in the North and South San
_Pablo NAP.
c) To provide approximately 40 debris boxes during-Spring of 1984 at various intersections
in the North and South San Pablo NPA and thus encourage clean-up by individual residents
and whole neighborhoods.
d) To provide funds for the demolition of 9-10 vacant substandard properties in the North
and South San Pablo NPA.
e) To complete the rehabilitation of Willow Square Apartments by August 1983.
PROJECT WORK PROGRAM
D. PERFORMANCE STANDARDS
Contractor should indicate, where applicable, what performance standards (details of
project implementation) will be applied in implementing the Work Program.
I. In all contracts, purchase agreements, invoices entered, the contractor shall comply
with all applicable provisions contained in the County's"Guide for Compliance with
Assurances and Certification 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 of Management and Budget (OMB) Circular A-102,
attachment O and any other applicable HUD regulations.
4. In all construction contracts over .$2,000 enforce* and administer Labor Standards
Requirements in accordance with Title 1 of the Housing and Community Development
Act of 1974, HUD Handbook 6500.3 - Labor Standards Administration and Enforce
ment, Community Development Block Grant Program, and as provided in the Compli-
ance Guide cited.
5. All construction contracts over_ $10,000 shall be in complaince with bid procedures
contained in the Complaince Guide cited.
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6. All construction contracts over_$100,000 shall be in complaince with the bonding and
insurance requirements contained in OMB A-102 Attachment B, and with the require-
ments of the Clear Air Act and Federal Water Pollution Control Act.
7. 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 require-
ments and provisions have been included.
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Page 4
E. PROJECT ADMINISTRATION
Contractor should indicate who will be responsible for administering the Work
Program.
Steve Mathews, Housing Director
Manny Ungson, Housing Services Coordinator
One Alvarado Square
San Pablo, CA 94806
234-9446
F. PROGRAM MONITORING
1. Contractor's staff will meet at least once per quarter with appropriate County
staff and Housing and Community Development Advisory Committee representa-
tives, where applicable, to discuss progress of the Contractor toward achieving
stated work program objectives and to assist Contractor's staff in solving
problems.
2. Contractor shall maintain and submit Quarterly Progress Reports to the County
Planning Department.
3. Contractor shall maintain and submit quarterly monitoring and progress reports
on work performed by sub-contractors.
PROJECT WORK PROGRAM
G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE
CONTRACTOR: ACTIVITY NUMBER: 9 & 12
City of San Pablo
One Alvarado Square
San Pablo, CA 94806 BUDGET PERIOD: July 1, 1983-March 31, 1984
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total -$
9. HAP $ 309000 $ -0- $ 30,000-
- Personnel _
- Program
12. HOUSING REHABILITATION $3637915.66 $159000 $3789915.66
PROGRAM
Loan/Grants Program $1779565 -0- $1772565
- Loans/Grants
- Loan Fee Subsidies -Wt-
-
,.,- Low Interest Loans ,
- Zero Interest & Deferred Loans
- Land Writedowns
Architech/Engineering Fees
Personnel Administration $1869350.66 -0- $186,350.66
- Incremental Staff Salaries
(Housing Director, two Housing
Rehab Specialists, Adm. asst.,
Planner, Drafter, Secretary,)
- Materials/Supplies x
- Program Costs
Marks-Foran Bond Revenues
e
TOTAL $3939915.66 $159000 `$4089915.66 w _
Page 5
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.
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CERTIFICATIONS
I. The grantee/contractor hereby assures and certifies that it will comply with the
regulations, policies, guidelines and requirements with respect to the acceptance and use
of Federal funds for this federally-assisted program. Also the grantee/contractor gives
assurances and certifies with respect to the grant in-so-much as they are applicable, that:
(a) It possesses legal authority to make a grant submission and to execute a community
development and housing program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion
or similar action authorizingthe person identified as the official representative of
the grantee to submit the final statement, all understandings and assurances
contained therein, and directing and authorizing the person identified as the official
representative of the grantee to act in connection with the submission of ,:die final
statement and to provide such additional information as may be required.
(c) That prior to submission of its final statement to HUD, the grantee/contractor has
met the citizen participation requirements, prepared its final statement of com-
munity development objectives and projected use of funds, and made the final
statement available to the public, as required by Section 104(a)(2) of the Housing and
Community Development Act of 1974, as amended;
(d) It is following a current housing assistance plan which has been approved by I IUD and
which meets the requirements of Section Section 104(a)(2) of the Housing and
Community Development Act of 1974, as amended;
(e) It has developed its final statement of projected use of funds so as to give maximum
feasible priority to activities which benefit low- and moderate-income families or aid
in the prevention or elimination of slums or blight; the final statement of projected
use of funds may also include activities which the grantee/contractor certifies are
designed to meet other community development needs having a particular urgency
because existing conditions pose a serious threat to the health and welfare of the
community, and other financial resources are not available;
(f) Its chief executive officer or other officer of the grantee/contractor approved by
HUD:
(1) Consents to assume the status of a responsible Federal official under the
National Environmental Policy Act of 1969 and other authorities as specified in
24 CFR 58.5; and
(2) Is authorized and consents on behalf of the grantee/contractor.and himself/her-
self to accept the jurisdiction of the Federal courts for the purpose of
enforcement of his/her responsibilities as such an official;
II. The grant will be conducted and administered in compliance with:
(1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing
regulations issued at 24 CFR Part 1;
(2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that
the grantee will administer all programs and activities related to housing and
community development in a manner to affirmatively further fair housing;
(3) Section 109 of the Housing and Community Development Act of 1974, as
amended; and the regulations issued pursuant thereto;
(4) Section 3 of the Housing and Urban Development Act of 1968, as amended;
(5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and
implementing regulations issues at 41 CFR Chapter 60;
(6) Executive Order 11063, as amended by Executive Order 12259, and implementing
regulations at 24 CFR Part 107;
. (7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and
implementing regulations when published for effect;
(8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple-
menting regulations when published for effect;
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Certifications - Page 2
(9) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102,
Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal
funds under this federally-assisted program;
III. The relocation requirements of Title II and the acquisition requirements of Title III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and
the implementing regulations at 24 CFR Part 42;
IV. The acquisition requirements of Title III of the Uniform Relocation Assistamce and Real
Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR
Part 42;
V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and 'HUD
regulations issued to implement such requirements;
VI. Executive order 11988 relating to the evaluation. of flood hazards and Executive Order
11288 relating to the prevention, control, and abatement of water pollution. The flood
insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of
1973 (Pub.1.93-234); and
VII. No member, officer or employee of the grantee/contractor, or its designees or agents, no
member of the governing body of the locality in which the program is situated, and no
other public official of such locality or localities who exercises any functions or
responsibilities with . respect to the program during his/her tenure or for one year
thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or
the process thereof, for work to be performed in connection with the program assisted
under the Grant, and that is shall incorporate, or cause to be incorporated, in all such
contracts or subcontracts a provision prohibiting such interest pursuant to the purposes
of this certification;
VIII. It will comply with the provisions of the Hatch Act which limits the political activity of
employees;
IX. It will give HUD and the Comptroller General or any authorized representatives access to
and the right to examine all records, books, papers, or documents related to the grant;
X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to
the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.).
Revised 12/23/82 +
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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 foe inspection by e=+:.horized
representatives of the County, the State of California, and the United States Go,+ nment,
the Contractor's regular business records pertaining to this Agreement and such -idlditional
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 *t:he Annual
Performance Report by the County to HUD, except as follows:
(a) Records that are the subject of audit findings shall be retained. ?`cr 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.
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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 Conbe&.=,Aor to
provide consideration in addition to that supporting this Agreement, the County of f. ontra
Costa, through its Planning Director, may grant Contractor an extension of Jrne for
performance, beyond that time specified above under "Term" (Paragraph 3). Jirty such
extension must be in writing and shall be at the sole discretion of the County.
9. Disputes. Disagreements between the County and Contractor concei°ning the
meaining, requirements, or performance of this Agreement shall be subject G_-o final
determination in writing by the head of the County Department for which this Agi�ee,nent 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 Coimty 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 oi, State
requirements.
12. No Waiver by County. Subject to the disputes provision contained herein,
inspections or approvals, or statements by any officer, agent or employee of the County
indicating the Contractor's performance or any part thereof complies with the requirements
of this Agreement, or acceptance of the whole or any part of said performance, or payments
therefor, or any combination of these acts, shall not relieve the Contractor's obligation to
fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing
any action for damages or enforcement arising from any failure to comply with any of the
terms and conditions thereof. -
13. Original Agreement. The original copy of this Agreement and of any modifi-
cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa
County.
15. Independent Contractor Status. This Agreement is by and between two indepen-
dent contractors and is not intended to and shall not be construed to create the relationship
of agent, servant, employee, partnership, joint venture or association.
16. Conflicts of Interest. Contractor agrees to furnish to the'County upon demand a
valid copy of the most recently adopted bylaws of any Corporation and also a complete and
accurate list of the governing body (Board of Directors or Trustees) and to timely update
- said bylaws or the list of its governing body as changes in such governance occur, if .
contractor is a corporation. Contractor promises and attests that the Contractor and any
members of its governing body shall avoid any actual or potential conflicts of interest and
will establish safeguards pursuant to Paragraph 12 of the attached "Assurances".
r.
Page 3
17. Confidentialitv. Contractor agrees to comply and to require his employees to
comply with all applicable State of Federal statutes or regulations respecting confiden-
tiality, including but not limited to, the identity of recipients, their records, or services
provided them, and assures that:
(a) All applications and records concerning any individual made or kept by
Contractor or any public officer or agency in connection with the administration of or
relating to services provided under this Contract will be confidential, and will not be open to
examination for any purpose not directly connected with the administration of such service. .
(b) No person will publish or disclose or permit or cause to be pulbished or-.
disclosed, any list of persons receiving services, except as may be required hi 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 inderr,fy the County and its officers,
agents and employees against and hold the same free,an( 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:
f
(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) `Yorker'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.
1
Page 4
21. Available Copies. Copies of the County's Project documents (as speci-
fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues,
regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be
available at all times for inspection by the Contractor during regular business hours at the
Offices of the Planning Department, Martinez, California.
22. Retained Powers. All powers not explicitly invested in the Contractor
remain in the County.
23. Project Development.
(a) If the Project includes construction, the construction plans and
specifications shall be reviewed and approved by the Contractor before construction is
commenced.
(b) The Contractor shall secure completion of the construction work in
accordance with the approved construction plans and specifications.
(c) If the Project includes acquisition of real property, the purchase
price for such property shall be determined in accordance with the requirements
contained in Department of Housing and Urban Development (HUD) Handbook 1376.1,
Relocation and Real Property Acquisition. The appraisal reports and qualifications of
appraisers shall be submitted for review and approval by the County before initiation of
the acquisition procedure. Contractor agrees to furnish County preliminary title reports
respecting such real property or such other evidence of title which is determined to be
sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at
the close of escrow any defects of title which in the opinion of County might interfere
with the operation of the Project. In condemnation actions such title defects must be
eliminated by the final judgement.
24. Project Termination. -
It shall be a policy of the County that any project funded in any way
through the Community Development Program that is cancelled, abandoned or fails during
the contract period or is otherwise completed, all remaining funds allocated shall be
immediately returned to the County. Property acquired with the use of federal funds, in
whole or in part, under the Community Development Program that falls to:disuse, is
abandoned or is no longer needed for the original intended purpose within 2d years of
acquisition, will be disposed of in accordance with OMB Circular A-102, Attachment N,
with prior written approval and coordination with county-'staff.
la
l 1 .
i
PAYMENT PROVISIONS
1. Pavment Basis. County shall in no event pay to the Contractor a sum in excess
of the total amount specified in the Payment Limit of this Agreement. Subject to the
Payment Limit, it is the intent of the parties hereto that the total payment to Contractor
for all services provided for County under this Agreement shall be only for costs that are
allowable costs (see Paragraph 3 below) and are actually incurred in the performance of
Contractor's obligations under this Agreement. All payments made under this Agreement
shall be from Federal funds only. No general County funds shall be expended under this
Agreement. If, for any reason whatsoever, County does not receive such Federal funds,
Contractor agrees that County shall have no payment obligation hereunder.
2. Payment Amounts. Subject to later adjustments in total payments in accordance
with the below.provisions for Cost Report and Settlement,Audits, and Audit Exceptions, and
subject to the Payment Limit of this Agreement, County will pay Contractor an amount
equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget
of Estimated Program Expenditures" contained in the Project Work Program.
3. Allowable Costs. Contractor's allowable costs are only those which are
determined in accordance with all Federal regulations, guidelines, bulletins, and circulars
pursuant to Title I of the Housing and Community Development Act of 1974, as published in
the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be
revised and amended. All of the aforesaid documents are by this reference incorporated
herein.
Costs incurred in carrying out the project, whether charged to the project on a direct
or an indirect basis, must be in conformance with the requirements of OMB Circular A-87,
"Cost Principles for State and Local Governments", OMB Circular A-122, "Cost .E.rinciples
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) theContractor
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.
F ;
• � raec v
r 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 Repo,°t and
Settlement) above, then Contractor agrees to pay to County within 30 days of dernand 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.
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3/16/82
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i, CONTRA COSTA COUNTY
PLANNING DEPARTMENT AUG ;; n 1983
TO: M. G. Wingett DATE: August 24, 1983
County Administrato
FROM: Anthony A. Dehaesu SUBJECT: Approval of the Ninth Year (1983-84
Director of Planni CDBG Program Agreement: City of
San Pablo
Attached please find five copies of the Ninth Year Community Development program
project agreement which has a payment limit of $393,915.66 composed of the
following projects along with their allocations and carried over funds :
Project Allocation
9. Housing Assistance Program $ 30,000
12. Housing Rehabilitation Program 294,000
(8th Year Carryover) 693915.66
$363,915.66
Contract Total $7T3-,915.66
Please note that $69,915.66 is being carried over from the previous 8th Year
Activity #12 - Housing Rehabilitation Program. This agreement has been approved
by County Counsel and the San Pablo City Council .
Please place this item on the agenda for the next Board meeting.
AAD:gg
Attachment
RECEIVED
1� ; :.
0-L1` i.
J. R. OLSSON
CL OARD Or U-�2ViSORS
��'
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
July 26 , 1933 b the following vote:
Adopted this Order on y g
AYES: Supervisors Fanden , McPeak, Torlakson, Schroder .
NOES: None .
ABSENT: Supervisor Powers .
SUBJECT: Approval of the Ninth Year (1983-84) Community Development Block
Grant Agreement and Reallocation of Funds; City of Pinole.
The Board having heard the recommendation of the Director of Planning
that it approve the Ninth Year CDBG Program Project Agreement with the City
of Pinole implementing Activity 9-11 - Neighborhood Beautification Program
with a payment limit of $15,916.62 comprised of $13,000 of Ninth Year Alloca-
tion and $2,916.62 carryover from the previous year Activity #8-11 - Neigh-
borhood Beautification Program;
IT IS BY THE BOARD ORDERED that the above recommendation is approved
and that its Chairman 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 t e do a shown.
ATTESTED: 2 6 9
J.R. OLSSON, COUNTY CLERi(
and ex officlo Cleric of the Board
By (/ Depuly
Orig. Dept.: Planning
CC: County Administrator
County Counsel
Auditor-Controller
Contractor
i
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 9-11
1. Agreement Identification.
Department: County Planning Department
Subject: Allocation of Federal funding under Title I of the Housing and
Community Development Act of 1974, as amended.
2. Parties.
The County of Contra Costa, California (County), for its Department named above,
and the following named Contractor mutually agree and promise as follows:
Contractor: City of Pinole
Address: 2141 Pear Street
Pinole, CA 94564
3. Term.
The effective date of this Agreement is April 5, 1983 and it terminates March 31,
1984,unless sooner terminated as provided herein,subject to all terms,conditions,and
assurances contained or incorporated herein.
4. Allocation Payment Limit.
County's total payments to Contractor under this Agreement shall not exceed
$15,916.62 .
5. County's Obligations.
County shall make those allocation payments to the contractor described in the
"Payment Provisions" attached hereto which are incorporated herein by reference,
subject to all terms, conditions, and assurances contained or incorporated herein.
6. General Conditions and Assurances.
This Agreement is subject to the "General Conditions" and the "Certifications"
attached hereto, which ate incorporated herein by reference.
7. Contractor's Obligations.
Contractor shall provide those services and carry out that work as described in and
in accordance with the "Project Work Program" attached hereto, which is incor-
porated herein by reference, subject to all the terms, conditions and assurances
contained or incorporated herein.
8. Project.
This Agreement implements in whole or in part the following described project, the
application and approval documents of which are incorporated herein by reference:
That Project as described in the Final Statement of Community Development
Objectives and Projected Use of Funds dated February 1, 1983, 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 O CALIFORNIA CONTRACTOR
0
By: y: ,� Mayor
OF Chairman, Boar- f Supervisors (Design ial Ca P6c ty
ATTEST: J. R. OLSSON, County Clerk in Or iaraization
By: �.. ho By.
D puty Designate Official Capacity
in Organization)
Recommend by Depa ment ote to Contractor:
(1) If a public agency, designate official
B capacity in public agency and attach a certi-
fied copy of the governing body resolution
authorizing execution of this agreement.
Form Approved: County Counsel (2) All others: Execute acknowledgment
form above, and if a corporation, designate
�¢ official capacity in business, execute acknow-
By: ledgment form and affix corporation seal.
Deputy
(Affix Appropriate
Acknowledgement Form)
1 1, ' •
Page 2
EXHIBIT A
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT PROGRAM 1983-1984
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
11. Neighborhood Beautification Program:
A paint and tool lending service program for eligible households in the Neighborhood
Presevation Area for the purpose of preserving and stabilizing residential investment
and enhancing the exterior and visual appearance of the ,neighborhood residential
structures.
Under the paint (exterior) program, up to $200 can be reimbursed to the resident for the
house, garage or fence, while up to the maximum of $75 can be reimbursed under the
tool rental program. The tool rental program is available to make improvements or
complete repairs to the exterior of the house or property.
B. PROJECT TIME SCHEDULE
Time Schedule on a month-by-month basis for the above Project indicating when major
activity items are expected to be undertaken and completed.
Work Item Start Date Completion Date
Paint Programs Tool Program
No. of Households No. of Households Month/Year
1 1 April 1983
1 May 1983
15 9 June 1983
15 8 July 1983
14 8 August 1983
14 4 Sept. 1983
8 3 Oct. 1983
67 34 Total
C• PROJECT GOALS
Contractor shall define project objectives.
The target goals of the paint and tool programs respectively are as indicated by the project
time schedule. The goal is to complete both programs by Fall of 1983. Due to the nature of
the program, favorable weather conditions are requried for program activity to be
accomplished.
The goal is to process 67 homes in the paint program at approximately $200 each (or a total
expense of $13,370) and to process 34 homes in the tool lending program at approximately
$75 each for a total cost of 2,547.
Page 3
PROJECT WORK PROGRAM
D. PERFORMANCE STANDARDS
The performance standards indicated (details of project implementation) will be applied in
implementing the Work Program.
1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD
regulations including Equal Opportunity and Section 3 provisions, as provided in the
"Guide for Compliance with Assurances and Certification Under the Housing and
Community Development Act", as provided by the County Planning Department.
2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the
contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance
Form signed by the supplier service prior to the receipt of any goods or initiation of
any services. The required forms are available from the County Planning Department.
3. All contracts under $10,000 entered into shall be in compliance with procurement
procedures contained in Office of Management and Budget (OMB) Circular A-102,
attachment O and any other applicable HUD regulations.
4. In all construction contracts over $2,000 enforce and administer Labor Standards
Requirements in accordance with Title 1 of the Housing and Community Development
Act of 1974, HUD Handbook 6500.3 - Labor Standards Administration and Enforce
ment, Community Development Block Grant Program, and as provided in the Compli-
ance Guide cited.
5. All construction contracts over $10,000 shall be in complaince with bid procedures
contained in the Complaince Guide cited.
6. All construction contracts over $100,000 shall be in complaince with the bonding and
insurance requirements contained in OMB A-102 Attachment B, and with the require-
ments of the Clear Air Act and Federal Water Pollution Control Act.
7. Comply with all applicable building codes and laws in the construction work and ensure
that access to the handicapped will be provided in accordance with the requirements
of the "American Standard Specifications for Making Buildings and Facilities Access-
ible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1971.
8. Shall, at a minimum, notify applicable minority owned business firms located in Contra
Costa County of bid opportunities for Community Development funded projects and
maintain documentation of such efforts. A listing of minority owned businesses
located in Contra Costa County and neighboring counties is available from the County
Planning Department.
9. Transmit to the County Planning Department a copy of all construction contracts over
$2,000 prior to the Contract being advertised to ensure that all appropriate require-
ments and provisions have been included.
E. PROJECT ADMINISTRATION
Contractor should indicate who will be responsible for administering the Work
Program.
Mr. Joe Meneghini
Mr. Don Bradley, City Manager
City of Pinole
2141 Pear Street
Pinole, CA 94564
PROJECT WORK PROGRAM
F. PROGRAM MONITORING
I. Contractor's staff will meet at least once per quarter with appropriate County
staff and Housing and Community Development Advisory Committee representa-
tives, where applicable, to discuss progress of the Contractor toward achieving
stated work program objectives and to assist Contractor's staff in solving
problems.
2. Contractor shall maintain and submit Quarterly Progress Reports to the County
Planning Department.
3. Contractor shall maintain and submit quarterly monitoring and progress reports
on work performed by sub-contractors.
G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE
CONTRACTOR: ACTIVITY NUMBER: 9-11
City of Pinole
2141 Pear Street
Pinole, CA 94564 BUDGET PERIOD: April 1, 1983-March 31,1984
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total -$
11. Neighborhood Beautification -0-
Program
A. Tool Landing Program $ 29546.62 $ 2,546.62
- tool rental fees
B. Residential Paint Program $13,370.00 $139370.00
- Paint supplies
- administration
(e)
TOTAL $159916.62 $ -0- $15,916.62
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.
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CERTIFICATIONS
I. The grantee/contractor hereby assures and certifies that it will comply with the
regulations, policies, guidelines and requirements with respect to the acceptance and use
of Federal funds for this federally-assisted program. Also the grantee/contractor gives
assurances and certifies with respect to the grant in-so-much as they are applicable, that:
(a) It possesses legal authority to make a grant submission and to execute a community
development and housing program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion
or similar action authorizing the person identified as the official representative of
the grantee to submit the final statement, all understandings and assurances
Contained therein, and directing and authorizing the person identified as the official
representative of the grantee to act in connection with the submission of the final
statement and to provide such additional information as may be required.
(c) That prior to submission of its final statement to HUD, the grantee/contractor has
met the citizen participation requirements, prepared its final statement of com-
munity development objectives and projected use of funds, and made the final
statement available to the public, as required by Section 104(a)(2) of the Housing and
Community Development Act of 1974, as amended;
(d) It is following a current housing assistance plan which has been approved by HUD and
which meets the requirements of Section Section 104(a)(2) of the Housing and
Community Development Act of 1974, as amended;
(e) It has developed its final statement of projected use of funds so as to give maximum
feasible priority to activities which benefit low- and moderate-income families or aid
in the prevention or elimination of slums or blight; the final statement of projected
use of funds may also include activities which the grantee/contractor certifies are
designed to meet other community development needs having a particular urgency
because existing conditions pose a serious threat to the health and welfare of the
Community, and other financial resources are not available;
(f) Its chief executive officer or other officer of the grantee/contractor approved by
HUD:
(1) Consents to assume the status of a responsible Federal official under the
National Environmental Policy Act of 1969 and other authorities as specified in
24 CFR 58.5; and
(2) Is authorized and consents on behalf of the grantee/contractor and himself/her-
self to accept the jurisdiction of the Federal courts for the purpose of
enforcement of his/her responsibilities as such an official;
11. The grant will be conducted and administered in compliance with:
(1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing
regulations issued at 24 CFR Part 1;
(2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that
the grantee will administer all programs and activities related to housing and
community development in a manner to affirmatively further fair housing;
(3) Section 109 of the Housing and Community Development Act of 1974, as
amended; and the regulations issued pursuant thereto;
(4) Section 3 of the Housing and Urban Development Act of 1968, as amended;
(5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and
implementing regulations issues at 41 CFR Chapter 60;
(6) Executive Order 11063, as amended by Executive Order 12259, and implementing
regulations at 24 CFR Part 107;
(7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and
implementing regulations when published for effect;
(8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple-
menting regulations when published for effect;
Certifications - Page 2
(9) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102,
Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal
funds under this federally-assisted program;
III. The relocation requirements of Title II and the acquisition requirements of Title III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and
the implementing regulations at 24 CFR Part 42;
IV. The acquisition requirements of Title III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR
Part 42;
V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD
regulations issued to implement such requirements;
VI. Executive order 11988 relating to the evaluation of flood hazards and Executive Order
11288 relating to the prevention, control, and abatement of water pollution. The flood
insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of
1973 (Pub.1.93-234); and
VII. No member, officer or employee of the grantee/contractor, or its designees or agents, no
member of the governing body of the locality in which the program is situated, and no
other public official of such locality or localities who exercises any functions or
responsibilities with respect to the program during his/her tenure or for one year
thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or
the process thereof, for work to be performed in connection with the program assisted
under the Grant, and that is shall incorporate, or cause to be incorporated, in all such
contracts or subcontracts a provision prohibiting such interest pursuant to the purposes
of this certification;
VIII. It will comply with the provisions of the Hatch Act which limits the political activity of
employees;
IX. It will give HUD and the Comptroller General or any authorized representatives access to
and the right to examine all records, books, papers, or documents related to the grant;
X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to
the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.).
Revised 12/23/82
GENERAL CONDITIONS
1. Compliance with Law. Contractor shall be subject to and comply with all
Federal, State and local laws and regulations applicable to public agencies with respect to
its performance hereunder, including but not limited to Federal regulations, guidelines,
bulletins, and circulars pursuant to Title I of the Housing and Community Development Act
of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as
published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may
be revised and amended; and which are incorporated herein by reference. Documentation of
such compliance shall be made available for review by the County upon request.
2. Inspection. Contractor's performance, place of business and records pertaining
to this Agreement are subject to monitoring, inspection, review and audit by authorized
representatives of the County, the State of California, and the United States Government.
3. Records. Contractor shall keep and make available for inspection by authorized
representatives of the County, the State of California, and the United States Government,
the Contractor's regular business records pertaining to this Agreement and such additional
records as may be required by the County.
4. Retention of Records. The Contractor and County agree to retain all documents
pertaining to this Agreement for three years from the date of submission of the Annual
Performance Report by the County to HUD, except as follows:
(a) Records that are the subject of audit findings shall be retained for three
years after such findings have been resolved.
(b) Recored for nonexpendable property which was acquired with Federal grant
funds shall be retained for three years after its final disposition.
(c) Records for any displaced person shall be retained for three years after he
has received final payment.
5. Termination.
(a) Failure to Perform. In the event the Contractor fails to perform properly
any of its obligations hereunder and such failure of performance is not cured by the
Contractor within thirty (30) days after receipt of written notice from the County, the
County may in addition to any other remedies, complete the Contractor's obligations in any
reasonable manner it chooses, take possession of any real or personal property associated
with the project, and construct, operate or maintain the project as the County may deem
necessary to fulfill requirements of the Federal Government. The Contractor agrees to
reimburse the County for any costs or expenses incurred by the County because of said
failure to perform and also agrees to convey title to any real property acquired by
Contractor with project funds should County request such title.
(b) Cessation of Funding. In the event the Federal funding for this Agreement
ceases, this Agreement is terminated.
(c) Failure by the Contractor to perform properly any of its obligations under
this Agreement may be cause for suspension of all obligations of the County thereunder.
6. Entire Agreement. This Agreement contains all the terms and conditions agreed
upon by the parties. Except as expressly provided herein and in the "COOPERATION
AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating
thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of
operating procedures and budgets required by this Agreement, including but not limited to
monitoring, auditing, billing or regulatory changes, may be developed and set forth in
written "Informal Agreements" entered between the Contractor and the County. Such
"Informal Agreements" when entered shall not be modifications to this Agreement except to
the extent that they further detail or clarify that which is already required hereunder.
Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this
Agreement, including any sums of money to be paid the Contractor as provided herein.
"Informal Agreements" may. be approved for, and executed on behalf of the County by the
head of the County Department for which this Agreement is made or his designee.
Page 2 •
8. Modifications and Amendments.
(a) General Agreements. This Agreement may be modified or amended only be
a written document executed by the Contractor and the Contra Costa County Board of
Supervisors, subject to any required State or Federal (United States) approval.
(b) Administrative Amendments. Subject to the Payment Limit, only the
Payment Provisions and the Project Work Program may be amended by a written ad-
ministrative amendment executed by the Contractor and the head of the County Depart-
ment for which this Agreement is made or his designee, subject to any required State of
Federal (United States) approval, provided that such administrative amendments may not
materially change the Payment Provisions or the Project Work Program.
(c) Extension of Term for Performance. Without requiring Contractor to
provide consideration in addition to that supporting this Agreement, the County of Contra
Costa, through its Planning Director, may grant Contractor an extension of time for
performance, beyond that time specified above under "Term" (Paragraph 3). Any such
extension must be in writing and shall be at the sole discretion of the County.
9. Disputes. Disagreements between the County and Contractor concerning the
meaining, requirements, or performance of this Agreement shall be subject to final
determination in writing by the head of the County Department for which this Agreement is
made or his designee or in accordance with the applicable procedures (if any) required by the
Federal Government.
10. Law Governing Agreement. This Agreement is made in Contra Costa County and
shall be governed and construed in accordance with the law of the State of California.
11. Conformance with Federal and State Regulations. Should Federal or State
regulations touching upon this Agreement be adopted or revised during the term hereof, this
Agreement is subject to modification to assure conformance with such Federal or State
requirements.
12. No Waiver by County. Subject to the disputes provision contained herein,
inspections or approvals, or statements by any officer, agent or employee of the County
indicating the Contractor's performance or any part thereof complies with the requirements
of this Agreement, or acceptance of the whole or any part of said performance, or payments
therefor, or any combination of these acts, shall not relieve the Contractor's obligation to
fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing
any action for damages or enforcement arising from any failure to comply with any of the
terms and conditions thereof.
13. Original Agreement. The original copy of this Agreement and of any modifi-
cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa
County.
15. Independent Contractor Status. This Agreement is by and between two indepen-
dent contractors and is not intended to and shall not.be construed to create the relationship
of agent, servant, employee, partnership, joint venture or association.
16. Conflicts of Interest. Contractor agrees to furnish to the'County upon demand a
valid copy of the most recently adopted bylaws of any Corporation and also a complete and
accurate list of the governing body (Board of Directors or Trustees) and to timely update
said bylaws or the list of its governing body as changes in such governance occur, if
contractor is a corporation. Contractor promises and attests that the Contractor and any
members of its governing body shall avoid any actual or potential conflicts of interest and
will establish safeguards pursuant to Paragraph 12 of the attached "Assurances".
Page 3
17. Confidentialitv. Contractor agrees to comply and to require his employees to
comply with all applicable State of Federal statutes or regulations respecting confiden-
tiality, including but 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:
f
(a) Liability Insurance. The Contractor shall provide a policy or policies of
comprehensive liability insurance, including coverage for owned and non-owned automobiles,
naming the County and its officers and employees as additional insureds, with a minimum
combined single limit coverage of $500,000 for all damages because of bodily injury,
sickness or disease, or death to any person and damage to or destruction of property,
including the loss of use thereof, arising from each accident or occurrence.
(b) Worker's Compensation. The Contractor shall provide the County with a.
certificate of insurance evidencing workers' compensation insurance coverage for its
employees.
(c) Additional Provisions. The policies shall include a provision for thirty (30)
days written notice to County before cancellation or material change of the above specified
coverage. Said policies shall constitute primary insurance as to the County, the State and
Federal Governments, their officers, agents, and employees, so that other insurance policies
held by them shall not be required to contribute to any loss covered under the Contractor's
insurance policy or policies. Not later than the effective date of the Contract, the
Contractor shall provide the County with a certificate(s) of insurance evidencing the above
liability insurance.
20. Notices. All notices provided for by this Agreement shall be in writing and may
be delivered by deposit in the United States mail, postage prepaid. Notices to the County
shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine
Street, Martinez, California 94553. Notices to the Contractor shall be addressed_ to the
Contractor's address designated herein. The efective date of notice shall be the date of
deposit inthe mails or of other delivery.
Page 4
21. Available Copies. Copies of the County's Project documents (as speci-
fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues,
regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be
available at all times for inspection by the Contractor during regular business hours at the
Offices of the Planning Department, Martinez, California.
22. Retained Powers. All powers not explicitly invested in the Contractor
remain in the County.
23. Project Development.
(a) If the Project includes construction, the construction plans and
specifications shall be reviewed and approved by the Contractor before construction is
commenced.
(b) The Contractor shall secure completion of the construction work in
accordance with the approved construction plans and specifications.
(c) If the Project includes acquisition of real property, the purchase
price for such property shall be determined in accordance with the requirements
contained in Department of Housing and Urban Development (HUD) Handbook 1376.1,
Relocation and Real Property Acquisition. The appraisal reports and qualifications of
appraisers shall be submitted for review and approval by the County before initiation of
the acquisition procedure. Contractor agrees to furnish County preliminary title reports
respecting such real property or such other evidence of title which is determined to be
sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at
the close of escrow any defects of title which in the opinion of County might interfere
with the operation of the Project. In condemnation actions such title defects must be
eliminated by the final judgement.
24. Project Termination.
It shall be a policy of the County that any project funded in any way
through the Community Development Program that is cancelled, abandoned or fails during
the contract period or is otherwise completed, all remaining funds allocated shall be
immediately returned to the County. Property acquired with the use of federal funds, in
whole or in part, under the Community Development Program that falls to disuse, is
abandoned or is no longer needed for the original intended purpose within 20 years of
acquisition, will be disposed of in accordance with OMB Circular A-102, Attachment N,
with prior written approval and coordination with county staff.
la
PAYMENT PROVISIONS
1. Pavment Basis. County shall in no event pay to the Contractor a sum in excess
of the total amount specified in the Payment Limit of this Agreement. Subject to the
Payment Limit, it is the intent of the parties hereto that the total payment to Contractor
for all services provided for County under this Agreement shall be only for costs that are
allowable costs (see Paragraph 3 below) and are actually incurred in the performance of
Contractor's obligations under this Agreement. All payments made under this Agreement
shall be from Federal funds only. No general County funds shall be expended under this
Agreement. If, for any reason whatsoever, County does not receive such Federal funds,
Contractor agrees that County shall have no payment obligation hereunder.
2. Payment Amounts. Subjbct 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
r
BEFORE THE CITY COUNCIL OF THE CITY Of PINOLE
COUNTY OF CONTRA COSTA , STATE OF CALIFORNIA
In the Matter of Amending the )
Project Agreement of the Community )
Development Block Gran-.t Program ) RESOLUTION N0 . 1828
Between the County of Contra Costa )
.and the City of Pinole . )
WHEREAS , the City of Pinole .has proceeded with the Neighborhood
Beautification Programs ; and
WHEREAS , the Neighborhood Preservation Committee has reviewed
eighth year activities and fourth year activities ; and
WHEREAS , the Neighborhood Preservation projects upon review
are recommended to be amended ,
NOW , THEREFORE , BE IT RESOLVED by the City Council of the
City of Pinole that the funds be amended as follows :
Budget Item Community Development Funds
Neighborhood Beautification
Program
A . Tool Lending Program $ 2 , 100
B . Residential Paint Program 6 , 900
Park Development
Plans , specifications , design ,
materials , equipment 25 , 000
Eagles ` Hall
Building materials , miscellaneous 191000
BE IT FURTHER RESOLVED that the Mayor be authorized to
execute this agreement .
PASSED AND ADOPTED THIS 7th day of.. February , 1983 , by the
following vote ;
AYES : COUNCILMEMBERS : Goularte , McCarty , Nelson , Shaver,
Borges
NOES : COUNCILMEMBERS : None
ABSENT : COUNCILMEMBERS : None
ELIZ TH GkIMIS
CIT CLERK of the City of Pinole
HEREBY �. -,in;,,, ,
A TRUE ,CERTIFY THAT THE FOAMING IS
AL T REC COPYO THE OR(GIN-
TON E FICE..,
EL yPIRI ES, CITyCLERK
DATE ,
I
• CONTRA COSTA COUNTY
PLANNING DEPARTMENT
TO: M. G. Wingett DATE: June 21 , 1983
County Administrat
a
FROM: Anthony A. Dehaes SUBJECT: Approval of the Ninth Year Com-
Director of Plann; munity Development Program Project
Agreement; City of Brentwood
Attached please find five copies of the Ninth Year (1983-84) Community
Development Block Grant (CDBG) Program Project Agreement with the City
of Brentwood which implements Activity Number 9-16 - Water System Improve-
ments with a payment limit of $150,000. The agreement has been approved
by the Brentwood City Council and County Counsel 's Office.
Please place this item on the agenda for the next Board meeting.
AAD:gg
Attachments
y
EJJ
�g`itirl fQ
J. R. OLSSON
CLERK OF E iSORS
S
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 28 1933 , by the following vote:
AYES: Supervisors Powers , Fanden, McPeak, Torlak.son , Schroder .
NOES: None .
ABSENT:
ABSTAIN: None .
SUBJECT: Approval of the Ninth Year Community Development Block Grant (CDBG)
Program Project Agreement; City of Brentwood.
The Board having heard the recommendation of the Director of Planning
that it approve the Ninth Year (1983-84) Community Development Program Pro-
ject Agreement with the City of Brentwood implementing Ninth Year Activity
#16 - Water System Improvements with a payment limit of $150,000;
IT IS BY THE BOARD ORDERED that the above recommendation is approved
and its Chairman is authorized to execute said agreement.
1 hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Superviso on the data shown.
ATTE.,TED: 4e a Z/ 94F3
J.R. OL,4 Oil, t;;y.UN]T v CLERK
and ex officio Clerk of the Board
BY , Deputy
Orig. Dept.: Planning
cc: County Administrator
Auditor-Controller
County Counsel
Contractor
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 16
1. Agreement Identification.
Department: County Planning Department
Subject: Allocation of Federal funding under Title I of the Housing and
Community Development Act of 1974, as amended.
2. Parties.
The County of Contra Costa, California (County), for its Department named above,
and the following named Contractor mutually agree and promise as follows:
Contractor: City of Brentwood
Address: 708 Third Street
Brentwood, CA 94513
3. Term.
The effective date of this Agreement is April 5, 1983 and it terminates March 31,
1984, unless sooner terminated as provided herein, subject to all terms, conditions,
and assurances contained or incorporated herein.
4. Allocation Payment Limit.
County's total payments to Contractor under this Agreement shall not exceed
$150,000 .
5. County's Obligations.
County shall make those allocation payments to the contractor described in the
"Payment Provisions" attached hereto which are incorporated herein by reference,
subject to all terms, conditions, and assurances contained or incorporated herein.
6. General Conditions and Assurances.
This Agreement is subject to the "General Conditions" and the "Certifications"
attached hereto, which are incorporated herein by reference.
7. Contractor's Obligations.
Contractor shall provide those services and carry out that work as described in and
in accordance with the "Project Work Program" attached hereto, which is incor-
porated herein by reference, subject to all the terms, conditions and assurances
contained or incorporated herein.
8. Project.
This Agreement implements in whole or in part the following described project, the
application and approval documents of which are incorporated herein by reference:
That Project as described in the Community Development Block Grant Program
Application dated February 1, 1983, and approved by HUD on April 5, 1983; and as
more particularly described in the "Project Work Program", attached hereto.
9. Signatures.
TheseA,
attest the parties' agreement hereto:
COUNTY O CALIFORNIA CONTRACTOR
By: By:
Chairman, Board of Supervisors Designate Official Capacity�
ATTEST: J. R. OLSSON, County Clerk
in Organization)
By: 6).
By: D a&jtza (D ignate Office Capacity
in Organization)
Recommend y Oepar ment Note to Contractor:
aa (1) If a public agency, designate official
capacity in public agency and attach a certi-
By: fied copy of the governing body resolution
Anth ny A. Dehaesus
authorizing execution of this agreement.
F Approved: COL ty Counsel (2) All others: Execute acknowledgment
form above, and if a corporation, designate
official capacity in business, execute acknow-
By: �j ledgment form and affix corporation seal.
Deputy
(Affix Appropriate
Acknowledgement Form)
Page 2
EXHIBIT A
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT PROGRAM 1983-1984
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
16. Water System Improvements.
This is a continuation of the 1982-83 project, which replaced 2,900 lineal feet of water
line. This agreement will provide for the replacement of 2,500 lineal feet of water line
along the main streets of the City away from existing 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 Aug. 1982 June 198
Advertise Bid/Award July 1983 Aug. 1983
Construction Aug. 1983 Sept. 1983
C. PROJECT GOALS
Contractor shall define project objectives.
Improve water main system for health and safety. Improvement will result in better water
quality and water pressure and flow for fire protection..
Page 3
PROJECT WORK PROGRAM
D. PERFORMANCE STANDARDS
The performance standards indicated (details of project implementation) will be applied in
implementing the Work Program.
1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD
regulations including Equal Opportunity and Section 3 provisions, as provided in the
"Guide for Compliance with Assurances and Certification Under the Housing and
Community Development Act", as provided by the County Planning Department.
2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the
contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance
Form signed by the supplier service prior to the receipt of any goods or initiation of
any services. The required forms are available from the County Planning Department.
3. All contracts under $10,000 entered into shall be in compliance with procurement
procedures contained in Office of Management and Budget (OMB) Circular A-102,
attachment O and any other applicable HUD regulations.
4. In all construction contracts over $2,000 enforce and administer Labor Standards
Requirements in accordance with Title 1 of the Housing and Community Development
Act of 1974, HUD Handbook 6500.3 - Labor Standards Administration and Enforce
ment, Community Development Block Grant Program, and as provided in the Compli-
ance Guide cited.
5. All construction contracts over $10,000 shall be in complaince with bid procedures
contained in the Complaince Guide cited.
6. All construction contracts over $100,000 shall be in complaince with the bonding and
insurance requirements contained in OMB A-102 Attachment B, and with the require-
ments of the Clear Air Act and Federal Water Pollution Control Act.
7. Comply with all applicable building codes and laws in the construction work and ensure
that access to the handicapped will be provided in accordance with the requirements
of the "American Standard Specifications for Making Buildings and Facilities Access-
ible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1971.
8. Shall, at a minimum, notify applicable minority owned business firms located in Contra
Costa County of bid opportunities for Community Development funded projects and
maintain documentation of such efforts. A listing of minority owned businesses
located in Contra Costa County and neighboring counties is available from the County
Planning Department.
9. Transmit to the County Planning Department a copy of all construction contracts over
$2,000 prior to the Contract being advertised to ensure that all appropriate require-
ments and provisions have been included.
E. PROJECT ADMINISTRATION
Contractor should indicate who will be responsible for administering the Work
Program.
John Jones
City of Brentwood
708 Third Street
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 representa-
tives, where applicable, to discuss progress of the Contractor toward achieving
stated work program objectives and to assist Contractor's staff in solving
problems.
2. Contractor shall maintain and submit Quarterly Progress Reports to the County
Planning Department.
3. Contractor shall maintain and submit quarterly monitoring and progress reports
on work performed by sub-contractors.
G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE
CONTRACTOR: City of Brentwood ACTIVITY NUMBER: 16
708 Third Street
Brentwood, CA 94513
BUDGET PERIOD: April 1, 1983-March 31,1984
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total -$
16. Water System Improvements $150,000 -0- $150,000
- Design/Engineering
- Construction
- Misc.
(e)
TOTAL $150,000 $ -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) Contra Payment Limit for CD project.
CERTIFICATIONS
I. The grantee/contractor hereby assures and certifies that it will comply with the
regulations, policies, guidelines and requirements with respect to the acceptance and use
of Federal funds for this federally-assisted program. Also the grantee/contractor gives
assurances and certifies with respect to the grant in-so-much as they are applicable, that:
(a) It possesses legal authority to make a grant submission and to execute a community
development and housing program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion
or similar action authorizing the person identified as the official representative of
the grantee to submit the final statement, all understandings and assurances
contained therein, and directing and authorizing the person identified as the official
representative of the grantee to act in connection with the submission of the final
statement and to provide such additional information as may be required.
(c) That prior to submission of its final statement to HUD, the grantee/contractor has
met the citizen participation requirements, prepared its final statement of com-
munity development objectives and projected use of funds, and made the final
statement available to the public, as required by Section 104(a)(2) of the Housing and
Community Development Act of 1974, as amended;
(d) It is following a current housing assistance plan which has been approved by HUD and
which meets the requirements of Section Section 104(a)(2) of the Housing and
Community Development Act of 1974, as amended;
(e) It has developed its final statement of projected use of funds so as to give maximum
feasible priority to activities which benefit low- and moderate-income families or aid
in the prevention or elimination of slums,or blight; the final statement of projected
use of funds may also include activities which the grantee/contractor certifies are
designed to meet other community development needs having a particular urgency
because existing conditions pose a serious threat to the health and welfare of the
community, and other financial resources are not available;
(f) Its chief executive officer or other officer of the grantee/contractor approved by
HUD:
(1) Consents to assume the status of a responsible Federal official under the
National Environmental Policy Act of 1969 and other authorities as specified in
24 CFR 58.5; and
(2) Is authorized and consents on behalf of the grantee/contractor and himself/her-
self to accept the jurisdiction of the Federal courts for the purpose of
enforcement of his/her responsibilities as such an official;
I1. The grant will be conducted and administered in compliance with:
(1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing
regulations issued at 24 CFR Part 1;
(2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that
the grantee will administer all programs and activities related to housing and
community development in a manner to affirmatively further fair housing;
(3) Section 109 of the Housing and Community Development Act of 1974, as
amended; and the regulations issued pursuant thereto;
(4) Section 3 of the Housing and Urban Development Act of 1968, as amended;
(5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and
implementing regulations issues at 41 CFR Chapter 60;
(6) Executive Order 11063, as amended by Executive Order 12259, and implementing
regulations at 24 CFR Part 107;
(7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and
implementing regulations when published for effect;
(8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple-
menting regulations when published for effect;
Certifications - Page 2
(9) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102,
Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal
funds under this federally-assisted program;
III. The relocation requirements of Title II and the acquisition requirements of Title III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and
the implementing regulations at 24 CFR Part 42;
IV. The acquisition requirements of Title III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR
Part 42;
V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD
regulations issued to implement such requirements;
VI. Executive order 11988 relating to the evaluation of flood hazards and Executive Order
11288 relating to the prevention, control, and abatement of water pollution. The flood
insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of
1973 (Pub.1.93-234); and
VII. No member, officer or employee of the grantee/contractor, or its designees or agents, no
member of the governing body of the locality in which the program is situated, and no
other public official of such locality or localities who exercises any functions or
responsibilities with respect to the program during his/her tenure or for one year
thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or
the process thereof, for work to be performed in connection with the program assisted
under the Grant, and that is shall incorporate, or cause to be incorporated, in all such
contracts or subcontracts a provision prohibiting such interest pursuant to the purposes
of this certification;
VIII. It will comply with the provisions of the Hatch Act which limits the political activity of
employees;
IX. It will give HUD and the Comptroller General or any authorized representatives access to
and the right to examine all records, books, papers, or documents related to the grant;
X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to
the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.).
Revised 12/23/82
•
GENERAL CONDITIONS
1. Compliance with Law. Contractor shall be subject to and comply with all
Federal, State and local laws and regulations applicable to public agencies with respect to
its performance hereunder, including but not limited to Federal regulations, guidelines,
bulletins, and circulars pursuant to Title I of the Housing and Community Development Act
of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as
published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may
be revised and amended; and which are incorporated herein by reference. Documentation of
such compliance shall be made available for review by the County upon request.
2. Inspection. Contractor's performance, place of business and records pertaining
to this Agreement are subject to monitoring, inspection, review and audit by authorized
representatives of the County, the State of California, and the United States Government.
3. Records. Contractor shall keep and make available for inspection by authorized
representatives of the County, the State of California, and the United States Government,
the Contractor's regular business records pertaining to this Agreement and such additional
records as may be required by the County.
4. Retention of Records. The Contractor and County agree to retain all documents
pertaining to this Agreement for three years from the date of submission of the Annual
Performance Report by the County to HUD, except as follows:
(a) Records that are the subject of audit findings shall be retained for three
years after such findings have been resolved.
(b) Recored for nonexpendable property which was acquired with Federal grant
funds shall be retained for three years after its final disposition.
(c) Records for any displaced person shall be retained for three years after he
has received final payment.
5. Termination.
(a) Failure to Perform. In the event the Contractor fails to perform properly
any of its obligations hereunder and such failure of performance is not cured by the
Contractor within thirty (30) days after receipt of written notice from the County, the
County may in addition to any other remedies, complete the Contractor's obligations in any
reasonable manner it chooses, take possession of any real or personal property associated
with the project, and construct, operate or maintain the project as the County may deem
necessary to fulfill requirements of the Federal Government. The Contractor agrees to
reimburse the County for any costs or expenses incurred by the County because of said
failure to perform and also agrees to convey title to any real property acquired by
Contractor with project funds should County request such title.
(b) Cessation of Funding. In the event the Federal funding for this Agreement
ceases, this Agreement is terminated.
(c) Failure by the Contractor to perform properly any of its obligations under
this Agreement may be cause for suspension of all obligations of the County thereunder.
6. Entire Agreement. This Agreement contains all the terms and conditions agreed
upon by the parties. Except as expressly provided herein and in the "COOPERATION
AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating
thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of
operating procedures and budgets required by this Agreement, including but not limited to
monitoring, auditing, billing or regulatory changes, may be developed and set forth in
written "Informal Agreements" entered between the Contractor and the County. Such
"Informal Agreements" when entered shall not be modifications to this Agreement except to
the extent that they further detail or clarify that which is already required hereunder.
Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this
Agreement, including any sums of money to be paid the Contractor as provided herein.
"Informal Agreements" may be approved for, and executed on behalf of the County by the
head of the County Department for which this Agreement is made or his designee.
Page 2 •
8. Modifications and Amendments.
(a) General Agreements. This Agreement may be modified or amended only be
a written document executed by the Contractor and the Contra Costa County Board of
Supervisors, subject to any required State or Federal (United States) approval.
(b) Administrative Amendments. Subject to the Payment Limit, only the
Payment Provisions and the Project Work Program may be amended by a written ad-
ministrative amendment executed by the Contractor and the head of the County Depart-
ment for which this Agreement is made or his designee, subject to any required State of
Federal (United States) approval, provided that such administrative amendments may not
materially change the Payment Provisions or the Project Work Program.
(c) Extension of Term for Performance. Without requiring Contractor to
provide consideration in addition to that supporting this Agreement, the County of Contra
Costa, through its Planning Director, may grant Contractor an extension of time for
performance, beyond that time specified above under "Term" (Paragraph 3). Any such
extension must be in writing and shall be at the sole discretion of the County.
9. Disputes. Disagreements between the County and Contractor concerning the
meaining, requirements, or performance of this Agreement shall be subject to final
determination in writing by the head of the County Department for which this Agreement is
made or his designee or in accordance with the applicable procedures (if any) required by the
Federal Government.
10. Law Governing Agreement. This Agreement is made in Contra Costa County and
shall be governed and construed in accordance with the law of the State of California.
11. Conformance with Federal and State Regulations. Should Federal or State
regulations touching upon this Agreement be adopted or revised during the term hereof, this
Agreement is subject to modification to assure conformance with such Federal or State
requirements.
12. No Waiver by County. Subject to the disputes provision contained herein,
inspections or approvals, or statements by any officer, agent or employee of the County
indicating the Contractor's performance or any part thereof complies with the requirements
of this Agreement, or acceptance of the whole or any part of said performance, or payments
therefor, or any combination of these acts, shall not relieve the Contractor's obligation to
fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing
any action for damages or enforcement arising from any failure to comply with any of the
terms and conditions thereof.
13. Original Agreement. The original copy of this Agreement and of any modifi-
cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa
County.
15. Independent Contractor Status. This Agreement is by and between two indepen-
dent contractors and is not intended to and shall not.be construed to create the relationship
of agent, servant, employee, partnership, joint venture or association.
16. Conflicts of Interest. Contractor agrees to furnish to the-County upon demand a
valid copy of the most recently adopted bylaws of any Corporation and also a complete and
accurate list of the governing body (Board of Directors or Trustees) and to timely update
said bylaws or the list of its governing body as changes in such governance occur, if
contractor is a corporation. Contractor promises and attests that the Contractor and any
members of its governing body shall avoid any actual or potential conflicts of interest and
will establish safeguards pursuant to Paragraph 12 of the attached "Assurances".
Page 3 •
17. 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:
5
(a) Liability Insurance. The Contractor shall provide a policy or policies of
comprehensive liability insurance, including coverage for owned and non-owned automobiles,
naming the County and its officers and employees as additional insureds, with a minimum
combined single limit coverage of $500,000 for all damages because of bodily injury,
sickness or disease, or death to any person and damage to or destruction of property,
including the loss of use thereof, arising from each accident or occurrence.
(b) Worker's Compensation. The Contractor shall provide the County with a
certificate of insurance evidencing workers' compensation insurance coverage for its
employees.
(c) Additional Provisions. The policies shall include a provision for thirty (30)
days written notice to County before cancellation or material change of the above specified
coverage. Said policies shall constitute primary insurance as to the County, the State and
Federal Governments, their officers, agents, and employees, so that other insurance policies
held by them shall not be required to contribute to any loss covered under the Contractor's
insurance policy or policies. Not later than the effective date of the Contract, the
Contractor shall provide the County with a certificate(s) of insurance evidencing the above
liability insurance.
20. Notices. All notices provided for by this Agreement shall be in writing and may
be delivered by deposit in the United States mail, postage prepaid. Notices to the County
shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine
Street, Martinez, California 94553. Notices to the Contractor shall be addressed_ to the
Contractor's address designated herein. The efective date of notice shall be the date of
deposit inthe mails or of other delivery.
Page 4
21. Available Copies. Copies of the County's Project documents (as speci-
fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues,
regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be
available at all times for inspection by the Contractor during regular business hours at the
Offices of the Planning Department, Martinez, California.
22. Retained Powers. All powers not explicitly invested in the Contractor
remain in the County.
23. Project Development.
(a) If the Project includes construction, the construction plans and
specifications shall be reviewed and approved by the Contractor before construction is
commenced.
(b) The Contractor shall secure completion of the construction work in
accordance with the approved construction plans and specifications.
(c) If the Project includes acquisition of real property, the purchase
price for such property shall be determined in accordance with the requirements
contained in Department of Housing and Urban Development (HUD) Handbook 1376.1,
Relocation and Real Property Acquisition. The appraisal reports and qualifications of
appraisers shall be submitted for review and approval by the County before initiation of
the acquisition procedure. Contractor agrees to furnish County preliminary title reports
respecting such real property or such other evidence of title which is determined to be
sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at
the close of escrow any defects of title which in the opinion of County might interfere
with the operation of the Project. In condemnation actions such title defects must be
eliminated by the final judgement.
24. Project Termination.
It shall be a policy of the County that any project funded in any way
through the Community Development Program that is cancelled, abandoned or fails during
the contract period or is otherwise completed, all remaining funds allocated shall be
immediately returned to the County. Property acquired with the use of federal funds, in
whole or in part, under the Community Development Program that falls to disuse, is
abandoned or is no longer needed for the original intended purpose within 20 years of
acquisition, will be disposed of in accordance with OMB Circular A-102, Attachment N,
with prior written approval and coordination with county staff.
la
PAYMENT PROVISIONS
1. 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
RESOLUTION NO. 83-29
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 COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED.
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 $160,000 for Activity #16 -
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, June 14, 1983, by the following vote:
AYES: Councilmember Gambel , Guise, Ghiselli , Palmer and Mayor Moore
NOES: None
ABSENT: None
Approved:
Roger Pj Moore, Mayor
Attest:
Harry E Gill , City Clerk
1 f�rnu 6;2eel'4N� uly`"Ie� :r tree City of Br>ntnoo ' here-,
certify that this is a true and correct copy of Resolution No.
of the City Council of the City of Brentwood
adopted ow
�`Gry Clerk
Dater
0
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
1983
Adopted this Order on June 14, by the following vote:
AYES: Supervisors Powers , Fanden, McPeak, Schroder ._
NOES: None .
ABSENT: Supervisor Torlakson.
ABSTAIN: none .
SUBJECT: Approval of the Ninth Year (1983-84) Community Development Block Grant
Program Project Agreement and Reallocation of Certain Funds with the
City of Martinez.
The Board, having heard the recommendation of the Director of Planning
that it approve the following activities and reallocated funds for a contract
payment limit of $53,390.93;
Activity Allocation
9-5 - Facade Refurbishment $ 209000 (9th Year)
9-6 - Economic Development $ 30,000 (9th Year)
(Re-allocated from Activity
8-14-Economic) Development Planning $ 3,390.93 (8th Year)
Total $ 53,390.93
IT IS BY THE BOARD ORDERED that the above recommendation is approved
and that its Chairman 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 Supervis rs on the date Shown.
ATTESTED: 3
J.R. O SSON, COUNTY CLERK
and ex officio Clerk of the Board
By , Deputy
Orig: Dept.: Planning
cc: County Administrator
Auditor-Controller
County Counsel
Contractor
i
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 9-5
9-6
1. Agreement Identification.
Department: County Planning Department
Subject: Allocation of Federal funding under Title I of the Housing and
Community Development Act of 1974, as amended.
2. Parties.
The County of Contra Costa, California (County), for its Department named above,
and the following named Contractor mutually agree and promise as follows:
Contractor: City of Martinez
Address: 525 Henrietta Street
Martinez, CA 94553
3. Term.
The effective date of this Agreement is April 9,19Rjand it terminates March 31,
1984,unless sooner terminated as provided herein,subject to all terms,conditions,and
assurances contained or incorporated herein.
4. Allocation Payment Limit.
County's total payments to Contractor under this Agreement shall not exceed
$53,390.93 .
5. County's Obligations.
County shall make those allocation payments to the contractor described in the
"Payment Provisions" attached hereto which are incorporated herein by reference,
subject to all terms, conditions, and assurances contained or incorporated herein.
6. General Conditions and Assurances.
This Agreement is subject to the "General Conditions" and the "Certifications"
attached hereto, which are incorporated herein by reference.
7. Contractor's Obligations.
Contractor shall provide those services and carry out that work as described in and
in accordance with the "Project Work Program" attached hereto, which is incor-
porated herein by reference, subject to all the terms, conditions and assurances
contained or incorporated herein.
8. Project.
This Agreement implements in whole or in part the following described project, the
application and approval documents of which are incorporated herein by reference:
That Project as described in the Final Statement of Community Development
Objectives and Projected Use of Funds dated February 1, 1983, and approved by HUD
on April 5, 1983 ; and as more particularly described in the "Project Work
Program", attached hereto.
9. Signatures.
ThespAignatures attest the parties' agreement hereto:
COUNTY OFz6X111JS1, CALIFORNIA CONT TO
By: By: GT AA46ev
Chair ffiarf, Board of S pervisors Des ficial Capa
in rganization)
ATTEST: J. R. OLSSON, County Clerk
By: City Manager
By: (Designate Official Capacity
D puty in Organization)
Recommend by Depar ment Note to Contractor:
(1) If a public agency, designate official
`r capacity in public agency and attach a certi-
By' hty X. DeheesusBy' fied copy of the governing body resolution
authorizing execution of this agreement.
Form Approved: County Counsel (2) All others: Execute acknowledgment
r form above, and if a corporation, designate
official capacity in business, execute acknow-
By: ledgment form and affix corporation seal.
eputy
(Affix Appropriate
Acknowledgement Form)
Page 2
EXHIBIT A
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT PROGRAM 1983-1984
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
5. Facade Refurbishment Program
To provide a source of low interest loans to stimulate a revitalization of business in
downtown Martinez through restoration and rehabilitation of commercial building
facades within the Study area.
6. Economic Development Coordination
This project provides staffing for various activities to promote job creation and
economic vitality in the downtown Martinez area.
B. PROJECT TIME SCHEDULE
Time Schedule on a month-by-month basis for the above Project indicating when major
activity items are expected to be undertaken and completed.
Work Item Start Date Completion Date
Facade Refurbishment
- Review, approval and coordinate April 1, 1983 March 31, 1984
funding for improvement loans
Economic Development
- Implement projects April 1, 1983 March 31, 1984
C. PROJECT GOALS
Contractor shall define project objectives.
Facade Refurbishment
- Make 12 loans with approximately $2,700 CD monies injected to buy down interest rates
to 7 3/4%.
- Enhance economic vitality of downtown area thru rehabilitated facades on local
businesses.
Economic Development
- Provide staffing for various projects to promote job creation and econmic vitality in
downtown Martinez area.
- Formation of the downtown organization to take on more of a direct coordination role
in implementing economic development projects.
Page 3
PROJECT WORK PROGRAM
D. PERFORMANCE STANDARDS
The performance standards indicated (details of project implementation) will be applied in
implementing the Work Program.
1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD
regulations including Equal Opportunity and Section 3 provisions, as provided in the
"Guide for Compliance with Assurances and Certification Under the Housing and
Community Development Act", as provided by the County Planning Department.
2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the
contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance
Form signed by the supplier service prior to the receipt of any goods or initiation of
any services. The required forms are available from the County Planning Department.
3. All contracts under $10,000 entered into shall be in compliance with procurement
procedures contained in Office of Management and Budget (OMB) Circular A-102,
attachment O and any other applicable HUD regulations.
4. In all construction contracts over $2,000 enforce and administer Labor Standards
Requirements in accordance with Title 1 of the Housing and Community Development
Act of 1974, HUD Handbook 6500.3 - Labor Standards Administration and Enforce
ment, Community Development Block Grant Program, and as provided in the Compli-
ance Guide cited.
5. All construction contracts over $10,000 shall be in complaince with bid procedures
contained in the Complaince Guide cited.
6. All construction contracts over $100,000 shall be in complaince with the bonding and
insurance requirements contained in OMB A-102 Attachment B, and with the require-
ments of the Clear Air Act and Federal Water Pollution Control Act.
7. Comply with all applicable building codes and laws in the construction work and ensure
that access to the handicapped will be provided in accordance with the requirements
of the "American Standard Specifications for Making Buildings and Facilities Access-
ible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1971.
8. Shall, at a minimum, notify applicable minority owned business firms located in Contra
Costa County of bid opportunities for Community Development funded projects and
maintain documentation of such efforts. A listing of minority owned businesses
located in Contra Costa County and neighboring counties is available from the County
Planning Department.
9. Transmit to the County Planning Department a copy of all construction contracts over
$2,000 prior to the Contract being advertised to ensure that all appropriate require-
ments and provisions have been included.
10. Transmit to the County Planning Department a copy of proposed contracts or lump
sum drawdown agreements with sub-grantees or lending institutions for implementing
the Economic Development or Facade Refurbishment projects. County review and
approval of said contracts or agreements must be received prior to execution of
contracts obligating these funds.
11. In the implementation of the Economic Development or Facade Refurbishment
project, the City is responsible for assuring compliance of said project with the goals
and requirements of the Housing and Community Development Act, as amended,
particularly as it relates to the expansion of economic opportunities for persons of low
and moderate income. The City shall provide the County with a written plan
delineating these relationships prior to obligating the funds.
12. Prior to approval of any lump sum draw of CDBG funds, the County Planning
Department must be notified in writing with the minimum of the following information
which includes but is not limited to: 1) description of project; 2) parcel ks); 3) street
address; 4) site plan (project over $40,000). When the appropriate levels of review and
environmental procedures have been complied with, the County will notify the
contractor in writing regarding the conditions of approval.
13. Lump sum drawdown for property rehabilitation financing shall be made in accordance
with 24CFR 570.513.
Page 4
E. PROJECT ADMINISTRATION
Contractor should indicate who will be responsible for administering the Work
Program.
Brad Segal (372-4932)
City of Martinez
525 Henrietta Street
Martinez, CA 94553
PROJECT WORK PROGRAM
F. PROGRAM MONITORING
1. Contractor's staff will meet at least once per quarter with appropriate County
staff and Housing and Community Development Advisory Committee representa-
tives, where applicable, to discuss progress of the Contractor toward achieving
stated work program objectives and to assist Contractor's staff in solving
problems.
2. Contractor shall maintain and submit Quarterly Progress Reports to the County
Planning Department.
3. Contractor shall maintain and submit quarterly monitoring and progress reports
on work performed by sub-contractors.
G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE
CONTRACTOR: City of Martinez ACTIVITY NUMBER: 5 & 6
525 Henrietta Street
Martinez, CA 94553
BUDGET PERIOD: April 1, 1983-March 31,1984
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total -
5. Facade Refurbishment $202000 $139500 $20,000
- Implement loans
- Misc.
6. Econ. Development. $339390.93 -0- $339390.93
- Staff Salary
- Fringes
- Misc.
*local contributions
(e)
TOTAL $53,390.93 $13,500 $669890.93
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.
CERTIFICATIONS
I. The grantee/contractor hereby assures and certifies that it will comply with the
regulations, policies, guidelines and requirements with respect to the acceptance and use
of Federal funds for this federally-assisted program. Also the grantee/contractor gives
assurances and certifies with respect to the grant in-so-much as they are applicable, that:
(a) It possesses legal authority to make a grant submission and to execute a community
development and housing program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion
or similar action authorizing the person identified as the official representative of
the grantee to submit the final statement, all understandings and assurances
contained therein, and directing and authorizing the person identified as the official
representative of the grantee to act in connection with the submission of the final
statement and to provide such additional information as may be required.
(c) That prior to submission of its final statement to HUD, the grantee/contractor has
met the citizen participation requirements, prepared its final statement of com-
munity development objectives and projected use of funds, and made the final
statement available to the public, as required by Section 104(a)(2) of the Housing and
Community Development Act of 1974, as amended;
(d) It is following a current housing assistance plan which has been approved by HUD and
which meets the requirements of Section Section 104(a)(2) of the Housing and
Community Development Act of 1974, as amended;
(e) It has developed its final statement of projected use of funds so as to give maximum
feasible priority to activities which benefit low- and moderate-income families or aid
in the prevention or elimination of slums or blight; the final statement of projected
use of funds may also include activities which the grantee/contractor certifies are
designed to meet other community development needs having a particular urgency
because existing conditions pose a serious threat to the health and welfare of the
community, and other financial resources are not available;
(f) Its chief executive officer or other officer of the grantee/contractor approved by
HUD:
(1) Consents to assume the status of a responsible Federal official under the
National Environmental Policy Act of 1969 and other authorities as specified in
24 CFR 58.5; and
(2) Is authorized and consentston behalf of the grantee/contractor and himself/her-
self to accept the jurisdiction of the Federal courts for the purpose of
enforcement of his/her responsibilities as such an official;
II. The grant will be conducted and administered in compliance with:
(1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing
regulations issued at 24 CFR Part 1;
(2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that
the grantee will administer all programs and activities related to housing and
community development in a manner to affirmatively further fair housing;
(3) Section 109 of the Housing and Community Development Act of 1974, as
amended; and the regulations issued pursuant thereto;
(4) Section 3 of the Housing and Urban Development Act of 1968, as amended;
(5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and
implementing regulations issues at 41 CFR Chapter 60;
(6) Executive Order 11063, as amended by Executive Order 12259, and implementing
regulations at 24 CFR Part 107;
(7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and
implementing regulations when published for effect;
(8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple-
menting regulations when published for effect;
. 1
i
Certifications - Page 2
(9) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102,
Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal
funds under this federally-assisted program;
III. The relocation requirements of Title II and the acquisition requirements of Title III of the
Uniform Relocation Assistance and .Real Property Acquisition Policies Act of 1970, and
the implementing regulations at 24 CFR Part 42;
IV. The acquisition requirements of Title III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR
Part 42;
V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD
regulations issued to implement such requirements;
VI. Executive order 11988 relating to the evaluation of flood hazards and Executive Order
11288 relating to the prevention, control, and abatement of water pollution. The flood
insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of
1973 (Pub.1.93-234); and
VII. No member, officer or employee of the grantee/contractor, or its designees or agents, no
member of the governing body of the locality in which the program is situated, and no
other public official of such locality or localities who exercises any functions or
responsibilities with respect to the program during his/her tenure or for one year
thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or
the process thereof, for work to be performed in connection with the program assisted
under the Grant, and that is shall incorporate, or cause to be incorporated, in all such
contracts or subcontracts a provision prohibiting such interest pursuant to the purposes
of this certification;
VIII. It will comply with the provisions of the Hatch Act which limits the political activity of
employees;
IX. It will give HUD and the Comptroller General or any authorized representatives access to
and the right to examine all records, books, papers, or documents related to the grant;
X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to
the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.).
Revised 12/23/82
GENERAL CONDITIONS
1. Compliance with Law. Contractor shall be subject to and comply with all
Federal, State and local laws and regulations applicable to public agencies with respect to
its performance hereunder, including but not limited to Federal regulations, guidelines,
bulletins, and circulars pursuant to Title I of the Housing and Community Development Act
of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as
published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may
be revised and amended; and which are incorporated herein by reference. Documentation of
such compliance shall be made available for review by the County upon request.
2. Inspection. Contractor's performance, place of business and records pertaining
to this Agreement are subject to monitoring, inspection, review and audit by authorized
representatives of the County, the State of California, and the United States Government.
3. Records. Contractor shall keep and make available for inspection by authorized
representatives of the County, the State of California, and the United States Government,
the Contractor's regular business records pertaining to this Agreement and such additional
records as may be required by the County.
4. Retention of Records. The Contractor and County agree to retain all documents
pertaining to this Agreement for three years from the date of submission of the Annual
Performance Report by the County to HUD, except as follows:
(a) Records that are the subject of audit findings shall be retained for three
years after such findings have been resolved.
(b) Recored for nonexpendable property which was acquired with Federal grant
funds shall be retained for three years after its final disposition.
(c) Records for any displaced person shall be retained for three years after he
has received final payment.
5. Termination.
(a) Failure to Perform. In the event the Contractor fails to perform properly
any of its obligations hereunder and such failure of performance is not cured by the
Contractor within thirty (30) days after receipt of written notice from the County, the
County may in addition to any other remedies, complete the Contractor's obligations in any
reasonable manner it chooses, take possession of any real or personal property associated
with the project, and construct, operate or maintain the project as. the County may deem
necessary to fulfill requirements of the Federal Government. The Contractor agrees to
reimburse the County for any costs or expenses incurred by the County because of said
failure to perform and also agrees to convey title to any real property acquired by
Contractor with project funds should County request such title.
(b) Cessation of Funding. In the event the Federal funding for this Agreement
ceases, this Agreement is terminated.
(c) Failure by the Contractor to perform properly any of its obligations under
this Agreement may be cause for suspension of all obligations of the County thereunder.
6. Entire Agreement. This Agreement contains all the terms and conditions agreed
upon by the parties. Except as expressly provided herein and in the "COOPERATION
AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating
thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of
operating procedures and budgets required by this Agreement, including but not limited to
monitoring, auditing, billing or regulatory changes, .may be developed and set forth in
written "Informal Agreements" entered between the Contractor and the County. Such
"Informal Agreements" when entered shall not be modifications to this Agreement except to
the extent that they further detail or clarify that which is already required hereunder.
Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this
Agreement, including any sums of money to be paid the Contractor as provided herein.
"Informal Agreements" may be approved for, and executed on behalf of the County by the
head of the County Department for which this Agreement is made or his designee.
Page 2 •
8. Modifications and Amendments.
(a) General Agreements. This Agreement may be modified or amended only be
a written document executed by the Contractor and the Contra Costa County Board of
Supervisors, subject to any required State or Federal (United States) approval.
(b) Administrative Amendments. Subject to the Payment Limit, only the
Payment Provisions and the Project Work Program may be amended by a written ad-
ministrative amendment executed by the Contractor and the head of the County Depart-
ment for which this Agreement is made or his designee, subject to any required State of
Federal (United States) approval, provided that such administrative amendments may not
materially change the Payment Provisions or the Project Work Program.
(c) Extension of Term for Performance. Without requiring Contractor to
provide consideration in addition to that supporting this Agreement, the County of Contra
Costa, through its Planning Director, may grant Contractor an extension of time for
performance, beyond that time specified above under "Term" (Paragraph 3). Any such
extension must be in writing and shall be at the sole discretion of the County.
9. Disputes. Disagreements between the County and Contractor concerning the
meaining, requirements, or performance of this Agreement shall be subject to final
determination in writing by the head of the County Department for which this Agreement is
made or his designee or in accordance with the applicable procedures (if any) required by the
Federal Government.
10. Law Governing Agreement. This Agreement is made in Contra Costa County and
shall be governed and construed in accordance with the law of the State of California.
11. Conformance with Federal and State Regulations. Should Federal or State
regulations touching upon this Agreement be adopted or revised during the term hereof, this
Agreement is subject to modification to assure conformance with such Federal or State
requirements.
12. No Waiver by County. Subject to the disputes provision contained herein,
inspections or approvals, or statements by any officer, agent or employee of the County
indicating the Contractor's performance or any part thereof complies with the requirements
of this Agreement, or acceptance of the whole or any part of said performance, or payments
therefor, or any combination of these acts, shall not relieve the Contractor's obligation to
fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing
any action for damages or enforcement arising from any failure to comply with any of the
terms and conditions thereof.
13. Original Agreement. The original copy of this Agreement and of any modifi-
cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa
County.
15. Independent Contractor Status. This Agreement is by and between two indepen-
dent contractors and is not intended to and shall not be construed to create the relationship
of agent, servant, employee, partnership, joint venture or association.
16. Conflicts of Interest. Contractor agrees to furnish to the'County upon demand a
valid copy of the most recently adopted bylaws of any Corporation and also a complete and
accurate list of the governing body (Board of Directors or Trustees) and to timely update
said bylaws or the list of its governing body as changes in such governance occur, if
contractor is a corporation. Contractor promises and attests that the Contractor and any
members of its governing body shall avoid any actual or potential conflicts of interest and
will establish safeguards pursuant to Paragraph 12 of the attached "Assurances".
Page 3
17. 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 speci-
fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues,
regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be
available at all times for inspection by the Contractor during regular business hours at the
Offices of the Planning Department, Martinez, California.
22. Retained Powers. All powers not explicitly invested in the Contractor
remain in the County.
23. Project Development.
(a) If the Project includes construction, the construction plans and
specifications shall be reviewed and approved by the Contractor before construction is
commenced.
(b) The Contractor shall secure completion of the construction work in
accordance with the approved construction plans and specifications.
(c) If the Project includes acquisition of real property, the purchase
price for such property shall be determined in accordance with the requirements
contained in Department of Housing and Urban Development (HUD) Handbook 1376.1,
Relocation and Real Property Acquisition. The appraisal reports and qualifications of
appraisers shall be submitted for review and approval by the County before initiation of
the acquisition procedure. Contractor agrees to furnish County preliminary title reports
respecting such real property or such other evidence of title which is determined to be
sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at
the close of escrow any defects of title which in the opinion of County might interfere
with the operation of the Project. In condemnation actions such title defects must be
eliminated by the final judgement.
24. Project Termination.
It shall be a policy of the County that any project funded in any way
through the Community Development Program that is cancelled, abandoned or fails during
the contract period or is otherwise completed, all remaining funds allocated shall be
immediately returned to the County. Property acquired with the use of federal funds, in
whole or in part, under the Community Development Program that falls to disuse, is
abandoned or is no longer needed for the original intended purpose within 20 years of
acquisition, will be disposed of in accordance with OMB Circular A-102, Attachment N,
with prior written approval and coordination with county staff.
la
PAYMENT PROVISIONS
1. 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
RESOLUTION NO. 68 -83
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MARTINEZ APPROVING THE
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM PROJECT AGREEMENT RE: _
ECONOMIC DEVELOPMENT PLANNING AND
FACADE REFURBISHMENT
THE CITY COUNCIL OF THE CITY OF MARTINEZ DOES RESOLVE AS FOLLOWS:
SECTION I. The Martinez City Council approves the 1983-84 CDBG Program
Project Agreement with regard to Economic Development Planning
which provides for the allocation of $33,390.93 for staffing
and miscellaneous and $20,000.00 for the Facade Refurbishment
Program.
SECTION II. The City Manager is hereby approved and authorized to execute
the agreement with the County and the City of Martinez.
SECTION III. This Resolution shall become effective immediately upon its
passage and adoption.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution
duly adopted by the City Council of the City of Martinez at a regular meeting of
said Council held on the 4th day of May, 1983 by the following vote:
AYES: Councilmembers Dothee, Feyh, Patrick, Radke & Mayor Schaefer.
NOES: None.
ABSENT: None.
NOT VOTING: None.
aw"Kowalty C erk
City of Martinez
A
CONTRA COSTA COUNTY
PLANNING DEPARTMENT
1.....Le
TO: M. G. Wingett DATE: May 16, 1983
County Administrato
FROM: Anthony A Dehaesu SUBJECT: Ninth Year (1983-84) Community
Director A.
Planni Development Block Grant Program .
Project Agreement; City of Martinez
Attached please f nd five copies of the Ninth Year ( 1983-84) CDBG Program
Project Agreement with the City of Martinez. This agreement includes
the following activities and allocated funds with a total payment limit
of $53,390.93:
Activity Allocation
9-5 - Facade Refurbishment $ 20,000 (9th Yr. )
9-6 - Economic Development $ 30,000 (9th Yr. )
$ 31390.93 (8th Yr.)
Total $ 53,390.93
Please note that $3,390.93 is carried over from Eighth Year (1982-83)
Activity #14 - Economic Development Planning. The Martinez City Council
and County Counsel have approved this agreement. Please place this item
on the agenda for the next Board meeting.
AAD:gg
Attachment
cc: County Counsel,
ER-ECEIVED
yj!
j. oLsSON
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11D
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
1983
Adopted this Order on June 7 , , by the following vote:
AYES: Supervisors Powers , Fanden., McPeak, Torlakson, Schroder .
NOES: None.
ABSENT: None .
ABSTAIN: None . .
SUBJECT: Approval of the Ninth Year ( 1983-84) Community Development Program
Project Agreement with the City of El Cerrito.
The Board, having heard the recommendation of the Director of Planning
that it approve the Ninth Year (1983-84) Community Development Block Grant
Program Project Agreement with the City of El Cerrito implementing Activity
#9-10 - Housing Conservation Program with a payment limit of $27,000;
IT IS BY THE BOARD ORDERED that the above recommendation is approved
and that its Chairman is authorized to execute said agreement:
1 hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED:
J.R. O SON, COUNTY CLERK
and ex officio Clerk of the Board
By Deputy
Orig. Dept.: Planningt
cc: 2oHTMr9�ontrotteror
County Counsel
Contractor
0 ' CITY OF EL CERRITO
/ MAY 2 1983
PROJECT AGREEMENT COMMUNITY DEVELOPMENT,
DEPARTMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 9-10
1. Agreement Identification.
Department: County Planning Department
Subject: Allocation of Federal funding under Title I of the Housing and
Community Development Act of 1974, as amended.
2. Parties.
The County of Contra Costa, California (County), for its Department named above,
and the following named Contractor mutually agree and promise as follows:
Contractor: City of E1 Cerrito
Address: 10890 San Pablo Avenue
El Cerrito, CA 94530
3. Term.
The effective date of this Agreement is APR 11983 and it terminates March 31,
1984,unless sooner terminated as provided herein,'s(15 jet to all terms,conditions,and
assurances contained or incorporated herein.
4. Allocation Payment Limit.
County's total payments to Contractor under this Agreement shall not exceed
27 000 .
5. County's Obligations.
County shall make those allocation payments to the contractor described in the
"Payment Provisions" attached hereto which are incorporated herein by reference,
subject to all terms, conditions, and assurances contained or incorporated herein.
6. General Conditions and Assurances.
This Agreement is subject to the "General Conditions" and the "Certifications"
attached hereto, which are incorporated herein by reference.
7. Contractor's Obligations.
Contractor shall provide those services and carry out that work as described in and
in accordance with the "Project Work Program" attached hereto, which is incor-
porated herein by reference, subject to all the terms, conditions and assurances
contained or incorporated herein.
8. Project.
This Agreement implements in whole or in part the following described project, the
application and approval documents of which are incorporated herein by reference:
That Project as described in the Final Statement of Community Development
Objectives and Projected Use of Funds dated February 1, 1983, and approved by HUD
q�k 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 CONTRA OR
By:� IA,' � By:
Chairman, Board of Supervisors to Official Capacity
ATTEST: J. R. OLS50N, County Clerk
Organization)
n rnladCity Manager
G � _
By: By: 7��
signate Official Capacity
D uty in Organization)
Recomme ed by Depar ment Note to Conctor:
?°� (1) If a public agency, designate official
capacity in,public agency and attach a certi-
fied copy of the governing body resolution
Antho y A. Deh esus authorizing execution of this agreement.
/ormr Approved: Cou ty Counsel (2) All others: Execute acknowledgment
form above, and if a corporation, designate
Q official capacity in business, execute acknow-
By: U/liN�) s ltJ�� IILA� ledgment form and affix corporation seal.
Deputy
(Affix Appropriate
Acknowledgement Form)
CERTIFICATIONS
I. The grantee/contractor hereby assures and certifies that it will comply with the
regulations, policies, guidelines and requirements with respect to the acceptance and use
of Federal funds for this federally-assisted program. Also the grantee/contractor gives
assurances and certifies with respect to the grant in-so-much as they are applicable, that:
(a) It possesses legal authority to make a grant submission and to execute a community
development and housing program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion
or similar action -authorizing the person identified as the official representative of
the grantee to submit the final statement, all understandings and assurances
contained therein, and directing and authorizing the person identified as the official
representative of the grantee to act in connection with the submission of the final
statement and to provide such additional information as may be required.
(c) That prior to submission of its final statement to HUD, the grantee/contractor has
met the citizen participation requirements, prepared its final statement of com-
munity development objectives and projected use of funds, and made the final
statement available to the public, as required by Section 104(a)(2) of the Housing and
Community Development Act of 1974, as amended;
(d) It is following a current housing assistance plan which has been approved by HUD and
which meets the requirements of Section Section 104(a)(2) of the Housing and
Community Development Act of 1974, as amended;
(e) It has developed its final statement of projected use of funds so as to give maximum
feasible priority to activities which benefit low- and moderate-income families or aid
in the prevention or elimination of slums or blight; the final statement of projected
use of funds may also include activities which the grantee/contractor certifies are
designed to meet other community development needs having a particular urgency
because existing conditions pose a serious threat to the health and welfare of the
community, and other financial resources are not available;
(f) Its chief executive officer or other officer of the grantee/contractor approved by
HUD:
(1) Consents to assume the status of a responsible Federal official under the
National Environmental Policy Act of 1969 and other authorities as specified in
24 CFR 58.5; and
(2) Is authorized and consents!on behalf of the grantee/contractor and himself/her-
self to accept the jurisdiction of the Federal courts for the purpose of
enforcement of his/her responsibilities as such an official;
II. The grant will be conducted and administered in compliance with:
(1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing
regulations issued at 24 CFR Part 1;
(2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that
the grantee will administer all programs and activities related to housing and
community development in a manner to affirmatively further fair housing;
(3) Section 109 of the Housing and Community Development Act of 1974, as
amended; and the regulations issued pursuant thereto;
(4) Section 3 of the Housing and Urban Development Act of 1968, as amended;
(5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and
implementing regulations issues at 41 CFR Chapter 60;
(6) Executive Order 11063, as amended by Executive Order 12259, and implementing
regulations at 24 CFR Part 107;
(7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and
implementing regulations when published for effect;
(8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple-
menting regulations when published for effect;
Certifications - Page 2
(9) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102,
Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal
funds under this federally-assisted program;
III. The relocation requirements of Title II and the acquisition requirements of Title III of the
Uniform Relocation Assistance and.Real Property Acquisition Policies Act of 1970, and
the implementing regulations at 24 CFR Part 42;
IV. The acquisition requirements of Title III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR
Part 42;
V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD
regulations issued to implement such requirements;
VI. Executive order 11988 relating to the evaluation of flood hazards and Executive Order
11288 relating to the prevention, control, and abatement of water pollution. The flood
insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of
1973 (Pub.1.93-234); and
VII. No member, officer or employee of the grantee/contractor, or its designees or agents, no
member of the governing body of the locality in which the program is situated, and no
other public official of such locality or localities who exercises any functions or
responsibilities with respect to the program during his/her tenure or for one year
thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or
the process thereof, for work to be performed in connection with the program assisted
under the Grant, and that is shall incorporate, or cause to be incorporated, in all such
contracts or subcontracts a provision prohibiting such interest pursuant to the purposes
of this certification;
VIII. It will comply with the provisions of the Hatch Act which limits the political activity of
employees;
IX. It will give HUD and the Comptroller General or any authorized representatives access to
and the right to examine all records, books, papers, or documents related to the grant;
X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to
the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.).
Revised 12/23/82
GENERAL CONDITIONS
1. Compliance with Law. Contractor shall be subject to and comply with all
Federal, State and local laws and regulations applicable to public agencies with respect to
its performance hereunder, including but not limited to Federal regulations, guidelines,
bulletins, and circulars pursuant to Title I of the Housing and Community Development Act
of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as
published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may
be revised and amended; and which are incorporated herein by reference. Documentation of
such compliance shall be made available for review by the County upon request.
2. Inspection. Contractor's performance, place of business and records pertaining
to this Agreement are subject to monitoring, inspection, review and audit by authorized
representatives of the County, the State of California, and the United States Government.
3. Records. Contractor shall keep and make available for inspection by authorized
representatives of the County, the State of California, and the United States Government,
the Contractor's regular business records pertaining to this Agreement and such additional
records as may be required by the County.
4. Retention of Records. The Contractor and County agree to retain all documents
pertaining to this Agreement for three years from the date of submission of the Annual
Performance Report by the County to HUD, except as follows:
(a) Records that are the subject of audit findings shall be retained for three
years after such findings have been resolved.
(b) Recored for nonexpendable property which was acquired with Federal grant
funds shall be retained for three years after its final disposition.
(c) Records for any displaced person shall be retained for three years after he
has received final payment.
5.' Termination.
(a) Failure to Perform. In the event the Contractor fails to perform properly
any of its obligations hereunder and such failure of performance is not cured by the
Contractor within thirty (30) days after receipt of written notice from the County, the
County may in addition to any other remedies, complete the Contractor's obligations in any
reasonable manner it chooses, take possession of any real or personal property associated
with the project, and construct, operate or maintain the project as the County may deem
necessary to fulfill requirements of the Federal Government. The Contractor agrees to
reimburse the County for any costs or expenses incurred by the County because of said
failure to perform and also agrees to convey title to any real property acquired by
Contractor with project funds should County request such title.
(b) Cessation of Funding. In the event the Federal funding for this Agreement
ceases, this Agreement is terminated.
(c) Failure by the Contractor to perform properly any of its obligations under
this Agreement may be cause for suspension of all obligations of the County thereunder.
6. Entire Agreement. This Agreement contains all the terms and conditions agreed
upon by the parties. Except as expressly provided herein and in the "COOPERATION
AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating
thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of
operating procedures and budgets required by this Agreement, including but not limited to
monitoring, auditing, billing or regulatory changes, may be developed and set forth in
written "Informal Agreements" entered between the Contractor and the County. Such
"Informal Agreements" when entered shall not be modifications to this Agreement except to
the extent that they further detail or clarify that which is already required hereunder.
Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this
Agreement, including any sums of money to be paid the Contractor as provided herein.
"Informal Agreements" may be approved for, and executed on behalf of the County by the
head of the County Department for which this Agreement is made or his designee.
Page 2 • '
8. Modifications and Amendments.
(a) General Agreements. This Agreement may be modified or amended only be
a written document executed by the Contractor and the Contra Costa County Board of
Supervisors, subject to any required State or Federal (United States) approval.
(b) Administrative Amendments. Subject to the Payment Limit, only the
Payment Provisions and the Project Work Program may be amended by a written ad-
ministrative amendment executed by the Contractor and the head of the County Depart-
ment for which this Agreement is made or his designee, subject to any required State of
Federal (United States) approval, provided that such administrative amendments may not
materially change the Payment Provisions or the Project Work Program.
(c) Extension of Term for Performance. Without requiring Contractor to
provide consideration in addition to that supporting this Agreement, the County of Contra
Costa, through its Planning Director, may grant Contractor an extension of time for
performance, beyond that time specified above under "Term" (Paragraph 3). Any such
extension must be in writing and shall be at the sole discretion of the County.
9. Disputes. Disagreements between the County and Contractor concerning the
meaining, requirements, or performance of this Agreement shall be subject to final
determination in writing by the head of the County Department for which this Agreement is
made or his designee or in accordance with the applicable procedures (if any) required by the
Federal Government.
10. Law Governing Agreement. This Agreement is made in Contra Costa County and
shall be governed and construed in accordance with the law of the State of California.
11. Conformance with Federal and State Regulations. Should Federal or State
regulations touching upon this Agreement be adopted or revised during the term hereof, this
Agreement is subject to modification to assure conformance with such Federal or State
requirements.
12. No Waiver by County. Subject to the disputes provision contained herein,
inspections or approvals, or statements by any officer, agent or employee of the County
indicating the Contractor's performance or any part thereof complies with the requirements
of this Agreement, or acceptance of the whole or any part of said performance, or payments
therefor, or any combination of these acts, shall not relieve the Contractor's obligation to
fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing
any action for damages or enforcement arising from any failure to comply with any of the
terms and conditions thereof.
13. Original Agreement. The'•original copy of this Agreement and of any modifi-
cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa
County.
15. Independent Contractor Status. This Agreement is by and between two indepen-
dent contractors and is not intended to and shall not be construed to_create the relationship
of agent, servant, employee, partnership, joint venture or association.
16. Conflicts of Interest. Contractor agrees to furnish to the-County upon demand a
valid copy of the most recently adopted bylaws of any Corporation and also a complete and
accurate list of the governing body (Board of Directors or Trustees) and to timely update
said bylaws or the list of its governing body as changes in such governance occur, if
contractor is a corporation. Contractor promises and attests that the Contractor and any
members of its governing body shall avoid any actual or potential conflicts of interest and
will establish safeguards pursuant to Paragraph 12 of the attached "Assurances".
Page 4
21. Available Copies. Copies of the County's Project documents (as speci-
fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues,
regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be
available at all times for inspection by the Contractor during regular business hours at the
Offices of the Planning Department, Martinez, California.
22. Retained Powers. All powers not explicitly invested in the Contractor
remain in the County.
23. Project Development.
(a) If the Project includes construction, the construction plans and
specifications shall be reviewed and approved by the Contractor before construction is
commenced.
(b) The Contractor shall secure completion of the construction work in
accordance with the approved construction plans and specifications.
(c) If the Project includes acquisition of real property, the purchase
price for such property shall be determined in accordance with the requirements
contained in Department of Housing and Urban Development (HUD) Handbook 1376.1,
Relocation and Real Property Acquisition. The appraisal reports and qualifications of
appraisers shall be submitted for review and approval by the County before initiation of
the acquisition procedure. Contractor agrees to furnish County preliminary title reports
respecting such real property or such other evidence of title which is determined to be
sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at
the close of escrow any defects of title which in the opinion of County might interfere
with the operation of the Project. In condemnation actions such title defects must be
eliminated by the final judgement.
24. Project Termination.
It shall be a policy of the County that any project funded in any way
through the Community Development Program that is cancelled, abandoned or fails during
the contract period or is otherwise completed, all remaining funds allocated shall be
immediately returned to the County. Property acquired with the use of federal funds, in
whole or in part, under the Community Development Program that falls to disuse, is
abandoned or is no longer needed for the original intended purpose within 20 years of
acquisition, will be disposed of in accordance with OMB Circular A-102, Attachment N,
with prior written approval and coordination with county staff.
la
PAYMENT PROVISIONS
1. 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 1983-1984
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
10. Housing Conservation Program
To provide decent, safe and sanitary living conditions for the City's rental units through
a program of voluntary inspections resulting in the issuance of Certificate of Occu-
pancy certificates. The program provides smoke detector and paint rebates to eligible
claimants through the inspection program.
B. PROJECT TIME SCHEDULE
Time Schedule on a month-by-month basis for the above Project indicating when major
activity items are expected to be undertaken and completed.
Work Item Start Date Completion Date
Certificates of Occupancy, Smoke April 1, 1983 March 31, 1984
Detector and Paint Rebate Program
C. PROJECT GOALS
Contractor shall define project objectives.
1. Inspect rental units and issue 1000 Certificates of Occupancy.
2. Paint Rebates - 30 ($200 maximum per unit).
3. Smoke Detectors - 200 ($30 maximum each).
Page 3
PROJECT WORK PROGRAM
D. PERFORMANCE STANDARDS
The performance standards indicated (details of project implementation) will be applied in
implementing the Work Program.
1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD
regulations including Equal Opportunity and Section 3 provisions, as provided in the
"Guide for Compliance with Assurances and Certification Under the Housing and
Community Development Act", as provided by the County Planning Department.
2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the
contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance
Form signed by the supplier service prior to the receipt of any goods or initiation of
any services. The required forms are available from the County Planning Department.
3. All contracts under $10,000 entered into shall be in compliance with procurement
procedures contained in Office of Management and Budget (OMB) Circular A-102,
attachment O and any other applicable HUD regulations.
4. In all construction contracts over $2,000 enforce and administer Labor Standards
Requirements in accordance with Title 1 of the Housing and Community Development
Act of 1974, HUD Handbook 6500.3 - Labor Standards Administration and Enforce
ment, Community Development Block Grant Program, and as provided in the Compli-
ance Guide cited.
5. All construction contracts over $10,000 shall be in complaince with bid procedures
contained in the Complaince Guide cited.
6. All construction contracts over $100,000 shall be in complaince with the bonding and
insurance requirements contained in OMB A-102 Attachment B, and with the require-
ments of the Clear Air Act and Federal Water Pollution Control Act.
7. Comply with all applicable building codes and laws in the construction work and ensure
that access to the handicapped will be provided in accordance with the requirements
of the "American Standard Specifications for Making Buildings and Facilities Access-
ible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1971.
8. Shall, at a minimum, notify applicable minority owned business firms located in Contra
Costa County of bid opportunities for Community Development funded projects and
maintain documentation of such efforts. A listing of minority owned businesses
located in Contra Costa County and neighboring counties is available from the County
Planning Department.
9. Transmit to the County Planning Department a copy of all construction contracts over
$2,000 prior to the Contract being advertised to ensure that all appropriate require-
ments and provisions have been included.
E. PROJECT ADMINISTRATION
Contractor should indicate who will be responsible for administering the Work
Program.
Jean Smith
City of E1 Cerrito
10890 San Pablo Avenue
El Cerrito, CA 94530
235-4310
• Page 4
PROJECT WORK PROGRAM
F. PROGRAM MONITORING
1. Contractor's staff will meet at least once per quarter with appropriate County
staff and Housing and Community Development Advisory Committee representa-
tives, where applicable, to discuss progress of the Contractor toward achieving
stated work program objectives and to assist Contractor's staff in solving
problems.
2. Contractor shall maintain and submit Quarterly Progress Reports to the County
Planning Department.
3. Contractor shall maintain and submit quarterly monitoring and progress reports
on work performed by sub-contractors.
G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE
CONTRACTOR: City of El Cerrito . ACTIVITY NUMBER: 10
10890 San Pablo Avenue
El Cerrito, CA 94530
BUDGET PERIOD: April 1, 1983-March 31,1984
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total -$
10. Housing Conservation Program $27,000 -0- $279000
- Code Enforcement
- Paint
- Smoke Detectors
- Administration
(e)
TOTAL $27,000 $ -0- $279000
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.
. RESOLUTION NO. 83- 20 '
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO AUTHORIZING EXECUTION
OF THE NINTH YEAR ( 1983-84) PROJECT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM WITH THE COUNTY OF CONTRA COSTA TO IMPLEMENT THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974, AS A14ENDED
The City Council of the City of E1 Cerrito does ordain as follows:
Section 1. The El .Cerrito City Council approves the 1983-84 Year
Commune y eve opment Block Grant Program Project Agreement with the County of
Contra Costa to implement the Housing and Community Development Act of 1974, as
amended.
Section 2. The E1 Cerrito City Council approves the. activities and allo-
cations in t e 1983-84 Year Community Development Block Grant Program Project
Agreement as contained in "Exhibit A - Project. Work Program."
Section 3. The City Manager is hereby authorized and instructed to
execute t e 83-84 Year Project Agreement with the County of Contra Costa on
behalf of the City of E1 Cerrito.
I HEREBY CERTIFY, that the above and foregoing resolution was duly passed
and adopted-Ey the City Council of the City of El Cerrito at a regular meeting
thereof held on the 16th day of May, 1983, by the following vote:
AYES: COUNCILMEMBER: Abelson, Allen, Spellmann, Siri
NOES: COUNCILMEMBER: None
ABSENT: COUNCILMEMBER: Collins
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of said City this 16thday of May 1983.
\ UC LLE V,.IRISH
CITY CLERK
J
APPROVED:
AN B,;S7 RI ,i h1AYOR
i
COPY
I E ZX 0 e y C- €L Cerin tO, CAUF.
_ • 79
CONTRA COSTA COUNTY
PLANNING DEPARTMENT
LI Y 83
1q�� `:`i.
TO: M. G. Wingett DATE: May 16,C Cf
t1?Tt°, tk Irn n,},It Cale
County Administrat
l , SUBJECT: Ninth Year (1983-84) Community
FROM: Anthony A. Dehaes
Director of Plann Development Program Project
Agreement; City of E1 Cerrito
Attached please Find five copies of the Ninth Year ( 1983-84) CDBG Program
Project Agreement with the City of El Cerrito. The agreement implements
Activity #9-10-Housing Conservation Program and has a payment limit of
$27,000.
This agreement has been approved by the City Council of El Cerrito and
County Counsel 's Office. Please place this item on the agenda for the
next Board meeting.
AAD:gg
Attachments RECEIVED
JLIN 71983
J R. OLSSON
RD OF ISORS
B
e ur
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
/ June 7 , 1983
'Adopted this Order on , by the following vote:
AYES: Supervisors Powers , Fanden, McPeak, Torlakson , Schroder .
NOES: None .
ABSENT: None .
SUBJECT: APPROVAL OF THE NINTH YEAR COMMUNITY DEVELOPMENT
PROGRAM PROJECT AGREEMENT AND REALLOCATION OF CERTAIN
FUNDS WITH THE CITY OF ANTIOCH
WHEREAS, the Board having heard the recommendation of the Director of
Planning that it approve the Ninth Year (1983-84) CDBG Program project agreement
with the City of Antioch incorporat.tivq $1,740.00 reallocated from Seventh Year
(1981-82) Activity 7-16 Waterfront of Antioch; $100,000.00 for Ninth Year (1983-84)
Activity 9-15 Commercial Rehabilitation Program; and $33,125.78 for Sixth Year
Activity 6-68 Economic Development for a total payment limit of $134,865.78.
IT IS BY THE BOARD ORDERED that the above recommendation is
approved and that its Chairman is authorized to execute said agreement.
I hereby certify that this Is a true and correct copy of
an action taken and enterod on the minutes of the
Board of Supervisors on the date shown.
ATTESTED:
J.R. OL ON, COUNTY CLERK
and ex officio Clerk/of the Board
By V �� �1 Deputy
Orig. Dept.: Planning
cc: County Administrator
Auditor/Controller
County Counsel
Contractor
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 9-15
7-Adm
6-68
1. Agreement Identification.
Department: County Planning Department
Subject: Allocation of Federal funding under Title I of the Housing and
Community Development Act of 1974, as amended.
2. Parties.
The County of Contra Costa, California (County), for its Department named above,
and the following named Contractor mutually agree and promise as follows:
Contractor: City of Antioch
Address: City Hall, Third & H
P. O. Box 130
Antioch, CA, 94509
3. Term.
The effective date of this Agreement is June 7, 1983 and it terminates March 31,
1984,unless sooner terminated as provided herein, subject to all terms,conditions,and
assurances contained or incorporated herein.
4. Allocation Payment Limit.
County's total payments to Contractor under this Agreement shall not exceed
$134,865.78 .
5. County's Obligations.
County shall make those allocation payments to the contractor described in the
Payment Provisions attached hereto which are incorporated herein by reference,
subject to all terms, conditions, and assurances contained or incorporated herein.
6. General Conditions and Assurances.
This Agreement is subject to the "General Conditions" and the "Certifications"
attached hereto, which are incorporated herein by reference.
7. Contractor's Obligations.
Contractor shall provide those services and carry out that work as described in and
in accordance with the "Project Work Program" attached hereto, which is incor-
porated herein by reference, subject to all the terms, conditions and assurances
contained or incorporated herein.
8. Project.
This Agreement implements in whole or in part the following described project, the
application and approval documents of which are incorporated herein by reference:
That Project as described in the Final Statement of Community Development
Objectives and Projected Use of Funds dated February 1, 1983, 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
By: Am By: a��.,��
Chairman, Board of Supervisors (Designate Official Capacity
ATTEST: J. R. OLSSON, County Clerk
in Organization)
(/
By: By:
(Designate Official Capacity
puty in Organization)
Recommende by Depar ment 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
Anth ny A. Dehaesus authorizing execution of this agreement.
Form Approved: Cooity 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 ty
(Affix Appropriate
Acknowledgement Form)
CERTIFICATIONS
I. The grantee/contractor hereby assures and certifies that it will comply with the
regulations, policies, guidelines and requirements with respect to the acceptance and use
of Federal funds for this federally-assisted program. Also the grantee/contractor gives
assurances and certifies with respect to the grant in-so-much as they are applicable, that:
(a) It possesses legal authority to make a grant submission and to execute a community
development and housing program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion
or similar action authorizing the person identified as the official representative of
the grantee to submit the final statement, all understandings and assurances
contained therein, and directing and authorizing the person identified as the official
representative of the grantee to act in connection with the submission of the final
statement and to provide such additional information as may be required.
(c) That prior to submission of it's final statement to HUD, the grantee/contractor has
met the citizen participation requirements, prepared its final statement of com-
munity development objectives and projected use of funds, and made the final
statement available to the public, as required by Section 104(a)(2) of the Housing and
Community Development Act of 1974, as amended;
(d) It is following a current housing assistance plan which has been approved by HUD and
which meets the requirements of Section Section 104(a)(2) of the Housing and
Community Development Act of 1974, as amended;
(e) It has developed its final statement of projected use of funds so as to give maximum
feasible priority to activities which benefit low- and moderate-income families or aid
in the prevention or elimination of slums or blight; the final statement of projected
use of funds may also include activities which the grantee/contractor certifies are
designed to meet other community development needs having a particular urgency
because existing conditions pose a serious threat to the health and welfare of the
community, and other financial resources are not available;
(f) Its chief executive officer or other officer of the grantee/contractor approved by
HUD:
(1) Consents to assume the status of a responsible Federal official under the
National Environmental Policy Act of 1969 and other authorities as specified in
24 CFR 58.5; and
(2) Is authorized and consents on behalf of the grantee/contractor and himself/her-
self to accept the jurisdiction of the Federal courts for the purpose of
enforcement of his/her responsibilities as such an official;
II. The grant will be conducted and administered in compliance with:
(1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing
regulations issued at 24 CFR Part 1;
(2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that
the grantee will administer all programs and activities related to housing and
community development in a manner to affirmatively further fair housing;
(3) Section 109 of the Housing and Community Development Act of 1974, as
amended; and the regulations issued pursuant thereto;
(4) Section 3 of the Housing and Urban Development Act of 1968, as amended;
(5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and
implementing regulations issues at 41 CFR Chapter 60;
(6) Executive Order 11063, as amended by Executive Order 12259, and implementing
regulations at 24 CFR Part 107;
(7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and
implementing regulations when published for effect;
(8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple-
menting regulations when published for effect;
Certifications - Page 2
(9) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102,
Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal
funds under this federally-assisted program;
III. The relocation requirements of Title II and the acquisition requirements of Title III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and
the implementing regulations at 24 CFR Part 42;
IV. The acquisition requirements of Title III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR
Part 42;
V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD
regulations issued to implement such requirements;
VI. Executive order 11988 relating to the evaluation of flood hazards and Executive Order
11288 relating to the prevention, control, and abatement of water pollution. The flood
insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of
1973 (Pub.1.93-234); and
VII. No member, officer or employee of the grantee/contractor, or its designees or agents, no
member of the governing body of the locality in which the program is situated, and no
other public official of such locality or localities who exercises any functions or
responsibilities with respect to the program during his/her tenure or for one year
thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or
the process thereof, for work to be performed in connection with the program assisted
under the Grant, and that is shall incorporate, or cause to be incorporated, in all such
contracts or subcontracts a provision prohibiting such interest pursuant to the purposes
of this certification;
VIII. It will comply with the,provisions of the Hatch Act which limits the political activity of
employees;
IX. It will give HUD and the Comptroller General or any authorized representatives access to
and the right to examine all records, books, papers, or documents related to the grant;
X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to
the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.).
Revised 12/23/82
GENERAL CONDITIONS
1. Compliance with Law. Contractor shall be subject to and comply with all
Federal, State and local laws and regulations applicable to public agencies with respect to
its performance hereunder, including but not limited to Federal regulations, guidelines,
bulletins, and circulars pursuant to Title I of the Housing and Community Development Act
of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as
published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may
be revised and amended; and which are incorporated herein by reference. Documentation of
such compliance shall be made available for review by the County upon request.
2. Inspection. Contractor's performance, place of business and records pertaining
to this Agreement are subject to monitoring, inspection, review and audit by authorized
representatives of the County, the State of California, and the United States Government.
3. Records. Contractor shall keep and make available for inspection by authorized
representatives of the County, the State of California, and the United States Government,
the Contractor's regular business records pertaining to this Agreement and such additional
records as may be required by the County.
4. Retention of Records. The Contractor and County agree to retain all documents
pertaining to this Agreement for three years from the date of submission of the Annual
Performance Report by the County to HUD, except as follows:
(a) Records that are the subject of audit findings shall be retained for three
years after such findings have been resolved.
(b) Recored for nonexpendable property which was acquired with Federal grant
funds shall be retained for three years after its final disposition.
(c) Records for any displaced person shall be retained for three years after he
has received final payment.
5. Termination.
(a) Failure to Perform. In the event the Contractor fails to perform properly
any of its obligations hereunder and such failure of performance is not cured by the
Contractor within thirty (30) days after receipt of written notice from the County, the
County may in addition to any other remedies, complete the Contractor's obligations in any
reasonable manner it chooses, take possession of any real or personal property associated
with the project, and construct, operate or maintain the project as the County may deem
necessary to fulfill requirements of the Federal Government. The Contractor agrees to
reimburse the County for any costs or expenses incurred by the County because of said
failure to perform and also agrees to convey title to any real property acquired by
Contractor with project funds should County request such title.
(b) Cessation of Funding. In the event the Federal funding for this Agreement
ceases, this Agreement is terminated.
(c) Failure by the Contractor to perform properly any of its obligations under
this Agreement may be cause for suspension of all obligations of the County thereunder.
6. Entire Agreement. This Agreement contains all the terms and conditions agreed
upon by the parties. Except as expressly provided herein and in the "COOPERATION
AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating
thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of
operating procedures and budgets required by this Agreement, including but not limited to
monitoring, auditing, billing or regulatory changes, may be developed and set forth in
written "Informal Agreements" entered between the Contractor and the County. Such
"Informal Agreements" when entered shall not be modifications to this Agreement except to
the extent that they further detail or clarify that which is already required hereunder.
Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this
Agreement, including any sums of money to be paid the Contractor as provided herein.
"Informal Agreements" may be approved for, and executed on behalf of the County by the
head of the County Department for which this Agreement is made or his designee.
Page 2
8. Modifications and Amendments.
(a) General Agreements. This Agreement may be modified or amended only be
a written document executed by the Contractor and the Contra Costa County Board of
Supervisors, subject to any required State or Federal (United States) approval.
(b) Administrative Amendments. Subject to the Payment Limit, only the
Payment Provisions and the Project Work Program may be amended by a written ad-
ministrative amendment executed by the Contractor and the head of the County Depart-
ment for which this Agreement is made or his designee, subject to any required State of
Federal (United States) approval, provided that such administrative amendments may not
materially change the Payment Provisions or the Project Work Program.
(c) Extension of Term for Performance. Without requiring Contractor to
provide consideration in addition to that supporting this Agreement, the County of Contra
Costa, through its Planning Director, may grant Contractor an extension of time for
performance, beyond that time specified above under "Term" (Paragraph 3). Any such
extension must be in writing and shall be at the sole discretion of the County.
9. Disputes. Disagreements between the County and Contractor concerning the
meaining, requirements, or performance of this Agreement shall be subject to final
determination in writing by the head of the County Department for which this Agreement is
made or his designee or in accordance with the applicable procedures (if any) required by the
Federal Government.
10. Law Governing Agreement. This Agreement is made in Contra Costa County and
shall be governed and construed in accordance with the law of the State of California.
11. Conformance with Federal and State Regulations. Should Federal or State
regulations touching upon this Agreement be adopted or revised during the term hereof, this
Agreement is subject to modification to assure conformance with such Federal or State
requirements.
12. No Waiver by County. Subject to the disputes provision contained herein,
inspections or approvals, or statements by any officer, agent or employee of the County
indicating the Contractor's performance or any part thereof complies with the requirements
of this Agreement, or acceptance of the whole or any part of said performance, or payments
therefor, or any combination of these acts, shall not relieve the Contractor's obligation to
fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing
any action for damages or enforcement arising from any failure to comply with any of the
terms and conditions thereof.
13. Original Agreement. The original copy of this Agreement and of any modifi-
cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa
County.
15. Independent Contractor Status. This Agreement is by and between two indepen-
dent contractors and is not intended to and shall not be construed to create the relationship
of agent, servant, employee, partnership, joint venture or association.
16. Conflicts of Interest. Contractor agrees to furnish to the County upon demand a
valid copy of the most recently adopted bylaws of any Corporation and also a complete and
accurate list of the governing body (Board of Directors or Trustees) and to timely update
said bylaws or the list of its governing body as changes in such governance occur, if
contractor is a corporation. Contractor promises and attests that the Contractor and any
members of its governing body shall avoid any actual or potential conflicts of interest and
will establish safeguards pursuant to Paragraph 12 of the attached "Assurances".
Page 3
17. 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 speci-
fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues,
regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be
available at all times for inspection by the Contractor during regular business hours at the
Offices of the Planning Department, Martinez, California.
22. Retained Powers. All powers not explicitly invested in the Contractor
remain in the County.
23. Project Development.
(a) If the Project includes construction, the construction plans and
specifications shall be reviewed and approved by the Contractor before construction is
commenced.
(b) The Contractor shall secure completion of the construction work in
accordance with the approved construction plans and specifications.
(c) If the Project includes acquisition of real property, the purchase
price for such property shall be determined in accordance with the requirements
contained in Department of Housing and Urban Development (HUD) Handbook 1376.1,
Relocation and Real Property Acquisition. The appraisal reports and qualifications of
appraisers shall be submitted for review and approval by the County before initiation of
the acquisition procedure. Contractor agrees to furnish County preliminary title reports
respecting such real property or such other evidence of title which is determined to be
sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at
the close of escrow any defects of title which in the opinion of County might interfere
with the operation of the Project. In condemnation actions such title defects must be
eliminated by the final judgement.
24. Project Termination.
It shall be a policy of the County that any project funded in any way
through the Community Development Program that is cancelled, abandoned or fails during
the contract period or is otherwise completed, all remaining funds allocated shall be
immediately returned to the County. Property acquired with the use of federal funds, in
whole or in part, under the Community Development Program that falls to disuse, is
abandoned or is no longer needed for the original intended purpose within 20 years of
acquisition, will be disposed of in accordance with OMB Circular A-102, Attachment N,
with prior written approval and coordination with county staff.
la
PAYMENT PROVISIONS
1. 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 tolContractor
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. Saiddemands shall be made on County Demand Form D-15 and
in the manperrand form prescribed by County. Contractor shall submit said demands for
payment fdr 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 1983-1984
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
9-19-Commercial Facade Rehabilitation Loan (CFRL) Program will aid in the comprehensive
revitalization of the specific target areas in the City of Antioch Neighborhood Preservation
Area. In order to achieve the most visible and enduring results, the downtown business
district (See Exhibit "A") has been selected as the target area.
The CFRL. Program will provide, through an agreement with private lenders, a source of
low-interest rate loans to owners and leesees in the downtown Antioch area. Block Grant
funds will be used to obtain loan rates and terms not otherwise available to local businesses
generating reinvestment in the downtown area as part of the comprehensive revitalization
strategy. The injection of CDBG funds, through a variety of mechanisms, leverage private
sector dollars.
7- DownTown Architectural Theme Study
Develop an architectural theme study of downtown Antioch as a part of the City's
economic development/revitalization plan.
6-68-Economic Development with the City of Antioch.
B. PROJECT TIME SCHEDULE
Time Schedule on a month-by-month basis for the above Project indicating when major
activity items are expected to be undertaken and completed.
Work Item Start Date Completion Date
9-19
Selection of Lender March 1983 April 26, 1983
Publicize Availability of Program April 1983 April 1985
Process Loan Applications May 1983 April 26, 1985
7-Adm
Print Program Pamphlets March 31, 1983 April 31, 1983
6-68
Implement Projects April 1, 1983 March 31, 1984
C. PROJECT GOALS
Contractor shall define project objectives.
9-19
—To remove blight, thereby improving the physical appearance of the downtown area,
making it both more attractive to shoppers and a more economically viable commercial
area.
- To increase the level of private investment in the downtown area by reducing the
overall cost of funds and, as a result, expanding the community tax base.
- To encourage new budiness to locate and existing business to remain and expand in the
downtown area in order to create or retain employment opportunities.
7-Adm
- Complete project.
6-68
Continuation of previously funded project to establish and maintain one job for low and
moderate income persons for each $5,000 of CDBG funds utilized.
Page 3
PROJECT WORK PROGRAM
D. PERFORMANCE STANDARDS
The performance standards indicated (details of project implementation) will be applied in
implementing the Work Program.
1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD
regulations including Equal Opportunity and Section 3 provisions, as provided in the
"Guide for Compliance with Assurances and Certification Under the Housing and
Community Development Act", as provided by the County Planning Department.
2. I.. all contracts, p...chase 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 Plaoming Department.
3. All contracts under $10,000 entered into shall be in compliance with procurement
procedures contained in Office of Management and Budget (OMB) Circular A-102,
attachment O and any other applicable HUD regulations.
4. In all construction contracts over $2,000 enforce and administer Labor Standards
Requirements in accordance with Title 1 of the Housing and Community Development
Act of 1974, HUD Handbook 6500.3 - Labor Standards Administration and Enforce
ment, Community Development Block Grant Program, and as provided in the Compli-
ance Guide cited.
5. All construction contracts over $10,000 shall be in complaince with bid procedures
contained in the Complaince Guide cited.
6. All construction contracts over $100,000 shall be in complaince with the bonding and
insurance requirements contained in OMB A-102 Attachment B, and with the require-
ments of the Clear Air Act and Federal Water Pollution Control Act.
7. Comply with all applicable building codes and laws in the construction work and ensure
that access to the handicapped will be provided in accordance with the requirements
of the "American Standard Specifications for Making Buildings and Facilities Access-
ible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1971.
8. Shall, at a minimum, notify applicable minority owned business firms located in Contra
Costa County of bid opportunities for Community Development funded projects and
maintain documentation of such efforts. A listing of minority owned businesses
located in Contra Costa County and neighboring counties is available from the County
Planning Department.
9. Transmit to the County Planning Department a copy of all construction contracts over
$2,000 prior to the Contract being advertised to ensure that all appropriate require-
ments and provisions have been included.
10. Transmit to the County Planning Department a copy of proposed contracts with sub-
grantees for implementing the Economic Development project. County review and
approval of said contracts must be received prior to execution of contracts obligating
these funds.
11. In the implementation of the Economic Development project, the City is responsible
for assuring compliance of said project with the goals and requirements of the Housing
and Community Development Act, as amended, particularly as it relates to the
expansion of economic opportunities for persons of low and moderate income. The
City shall provide the County with a written plan delineating these relationships prior
to obligating the funds.
12. Prior to approval of any lump sum draw of CDBG funds, the County Planning
Department must be notified in writing with the minimum of the following information
which includes but is not limited to: 1) description of project; 2) parcel NO; 3) street
address; 4) site plan (project over $40,000). When the appropriate levels of review and
environmental procedures have been complied with, the County will notify the
contractor in writing regarding the conditions of approval.
Page 4
13. Lump sum drawdown for property rehabilitation financing shall be made in accordance
with 24CFR 570.513.
E. PROJECT ADMINISTRATION
Contractor should indicate who will be responsible for administering the Work
Program.
Ron Ward
City of Antioch
P. O. Box 130
Antioch, CA 94509
PIVIC: 7 7 O-J4%1
PROJECT WORK PROGRAM
F. PROGRAM MONITORING
1. Contractor's staff will meet at least once per quarter with appropriate County
staff and Housing and Community Development Advisory Committee representa-
tives, where applicable, to discuss progress of the Contractor toward achieving
stated work program objectives and to assist Contractor's staff in solving
problems.
2. Contractor shall maintain and submit Quarterly Progress Reports to the County
Planning Department.
3. Contractor shall maintain and submit quarterly monitoring and progress reports
on work performed by sub-contractors.
G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE
CONTRACTOR: City of Antioch ACTIVITY NUMBER: 9-15,7-Adm,6-68
City Hall, Third & H
P. O. Box 130
Antioch, CA 94509
BUDGET PERIOD: April 1, 1983-March 31,1984
0
�1
,1
',rjMti
y • • I
' Page 5
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total -
9-19-Commercial Rehab $1009000 $ -0- $100,000
- Rehabilitation Loans
- Misc.
V
7-Downtown Theme 1,740 550 21290
- Study
- Printing Costs
6-68 Economic Devel. 33,125.78 -0- 33,125.78
- Review and Implementation
of Project(s)
e
TOTAL $1349865.78 $ 550 $135,415.78
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.
i
�1
i.E
RESOLUTION NO. 83-69
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
AUTHORIZING EXECUTION OF THE NINTH YEAR ( 1983-84 ) PROJECT
AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WITH THE COUNTY OF CONTRA COSTA TO IMPLEMENT 'THE HOUSING AND
COMMUNITY DEVELOPMENT ACT OF 1974 , AS AMENDED
BE IT RESOLVED that the City Council of the City of
Antioch finds that a negative declaration for this project is
deemed as being adequate and meets the requirements of the
California Environmental Quality Act and City of Antioch imple-
menting legislation ; and that
1 . The Antioch City Council approves the 1983-84 Year
Community Development Block Grant Program Project Agreement with
the County of Contra Costa in the amount of $100 , 000 to implement
the Housing and Community Development. Act of 1974, as amended ;
and
2. The Antioch City Council approved the activities and
allocations in the 1983-84 Year Community Development Block Grant
Program Project Agreement as contained in "EXHIBIT A - Project
Work Program" incorporated herein by reference and on file in the
Office of the City Clerk and the Department of Development Ser-
vi ces ; an-i
3. The Mayor is hereby approved and authorized to
execute the 1983-84 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 26th day of April , 1983 , by
the following vote:
AYES : Council Members Fontana , Pierce, Catanzaro, Keller
and Mayor Roberts .
NOES : None .
ABSENT : None.
�Car�E;zY „
Cr'iSi,:; C?uiiy
f - -
VED
CONTRA COSTA COUNTY �!1. 1 r
PLANNING DEPARTMENT '� �`� 3
G ` i(ie of
County Adrnirlistrltor
TO: M.G. Wingett DATE: May 18, 1983
County Administrato
FROM: Anthony A. Dehaesu SUBJECT: Ninth Year (1983-84) CDBG
j'- Director of Plannj Program Project Agreement;
City of Antioch
Attached please find five copies of the Ninth Year (1983-84) Community
Development Block Grant Program Project Agreement with the City of
Antioch which incorporates the following activities and allocations
for a total payment limit of $134,865.78:
9-15 Commercial Rehabilitation Program $100,000.00
7- Downtown Theme Study 1 ,740.00 (reallocated from activity
V-16 Waterfront of Antioch)
6-68 Economic Development 33,125.78
Total $134,865.78
Please note that this Board action also approves the reallocation of
$1 ,740.00 from Activity 7-16 Waterfront of Antioch to Seventh Year Activity
Downtown Theme Study. This agreement has been approved by the Antioch
City Council and County Counsel 's office.
Please place this item on the agenda for the next Board meeting.
AAD:mas
cc: County Counsel
%REOEIVED
r� "1 .983
R. OLSSON
AR RVISORS
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