HomeMy WebLinkAboutMINUTES - 10031983 - COB BOX 73 F;'TO: 41d BOARD OF SUPAISORS +
FROM: Anthony A. Dehaesus (Contra
Director of Planning Costa
DATE: January 23, 1984 County
SUBJECT: Approval of the Ninth Year (1983-84) Community Development Block
Grant (CDBG) Program Project Agreement with the Family Stress Center
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. Authorize the Chairman to execute the Ninth Year (1983-84) CDBG program project
agreement with the Family Stress Center implementing Activity #27 - Co-Location
Study with a payment limit of $8,000.
BACKGROUND:
1 . The Family Stress Center is the lead agency of four agencies to conduct a study
relative to determining whether the co-location of these agencies would result
in more efficient delivery of public services and in maximizing the cost effective-
ness of existing funds . A trust fund was established by the County Board of Super-
visors from the .proceeds of the sale of the County-owned Family Stress Center Building
to the City of Concord. The Board recommended at their meeting of May 17, 1983,
"that such funds may provide for co-located office space for several private non-pro-
fit community agencies which are receiving funds from the County." The allocation of
the $8,000 for the purpose of the study was approved by the Board on November 29, 1983.
CONTINUED ON ATTACHMENT: YES SIGNATURE: /
RECOMMENDATION OF COUNTY ADMINISTRATOR R OM EN TION O BOARD COM TEE
1 APPROVE OTHER
SIGNATURE(S)
i
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
/L..�
X UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISOR ON THE DATE SHOWN.
CC: Planning Dept. ATTESTED
County Administrator J. . OLSSON, C UNT) CLERK
Auditor-Controller AND EX OFFICIO CLERK OF THE BOARD
County Counsel
Contractor
M382/7•83 BY _AZ&-LW
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NOTARY PUBLIC-CALIFORNIA
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PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 27
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: Family Stress Center
Address: 200-A Harriet Drive
Pleasant Hill, CA 94523
3. Term.
The effective date of this Agreement is November 29, 1983 and it terminates
June 30, 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
$8,000.00.
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: Gf JO� y' l, By: _
Chairman, Board of Supervisors (Designate Official pacity:
ATTEST: J. R. OLSSON, County Clerk in Organization)
B2 &&;�, By:
Y� eputy (Designate Official Capac' y
in Organization)
Recommend d by Dep rtment Note to Contractor:
r (1) If a public agency, designate official
capacity in public agency and attach a certi-
By: fied copy of the governing body resolution
Antpony A. haesus
G authorizing execution of this agreement.
Form Approved: County Counsel (2) All others: Execute acknowledgment
form above, and if a corporation, designate
By. ,/ -, _
official capacity in business, execute acknow-
led ment form and affix corporation seal.
Deputy
(Affix Appropriate
Acknowledgement Form)
Page 2
PROJECT WORK PROGRAM
EXHIBIT A
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT PROGRAM 1983-1984
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
27. Co-Location Study
The Family Stress Center will be the lead agency of four agencies consisting of the Families
United Resource Development Board, New Connections and the Contra Costa Children's
Council to conduct a study relative to determining whether the co-location of these agencies
would result in more efficient delivery of public services and make existing funding
more cost effective. An outside consultant will be retained to conduct the study.
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
Select Consultant Dec. 1983 Dec. 1983
Consultant Study Jan. 1984 June 1984
Issue Report June 1984
C. PROJECT GOALS
Contractor shall define project objectives.
Conduct study utilizing an outside consultant to determine the feasibility of co-locating
four public service delivery agencies.
Page 3
PROJECT WORK PROGRAM
D. PERFORMANCE STANDARDS
The performance standards indicated (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 applicable provisions contained in the County's "Guide for Compliance with
Assurance and Certifications Under the Housing and Community Development Act".
2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the
contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance
Form signed by the supplier service prior to the receipt of any goods or initiation of
any services. The required forms are available from the County Planning Department.
3. All contracts under $10,000 entered into shall be in compliance with procurement
procedures contained in Office 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 handicapped will be provided in accordance with the requirements
of the "American Standard Specifications for Making Buildings and Facilities
Accessible to, and Usable by, the Physically Handicapped:, Number A-117-1-
R-1971.
8. Shall, at a minimum, notify applicable minority owned business firms located in Contra
Costa County of bid opportunities for Community Development funded projects and
maintain documentation of such efforts. A listing of minority owned businesses located
in Contra Costa County and neighboring counties is available from the County Planning
Department.
9. Transmit to the County Planning Department a copy of all construction contracts over
$2,000 prior to the Contract being advertised to ensure that all appropriate require-
ments and provisions have been included.
E. PROJECT ADMINISTRATION
Contractor should indicate who will be responsible for administering the Work
Program.
William A. Groth, Executive Director
Family Stress Center
200-A Harriet Drive
Pleasant Hill, CA 94523 827-0212
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: Family Stress Center ACTIVITY NUMBER: 27
200-A Harriet Drive
Pleasant Hill, CA 94523
BUDGET PERIOD: December 1, 1983-June 30,1984
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ -Total -$
27. Co-Location Study $8,000 -0- $8,000
Consultant Fee
(e)
TOTAL $8,000 -0- $89000
Notes: (a) Detailed categories pursuant to OMB A-102.
(b) Items are eligible to be funded by CDBG funds.
(c) Estimate of other necessary expenditures that cannot be funded with CD
monies; and indication of anticipated sources.
(d) Sum of (b) and (c) above including both Community Development and non-
community Development funds.
(e) Contract Payment Limit for CD project.
CERTIFICATIONS
I. The grantee/contractor hereby assures and certifies that it will comply with the
regulations, policies, guidelines and requirements with respect to the acceptance and use
of Federal funds for this federally-assisted program. Also the grantee/contractor gives
assurances and certifies with respect to the grant in-so-much as they are applicable, that:
(a) It possesses legal authority to make a grant submission and to execute a community
development and housing program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion
or similar action authorizing the person identified as the official representative of
the grantee to submit the final statement, all understandings and assurances
contained therein, and directing and authorizing the person identified as the official
representative of the grantee to act in connection with the submission of the final
statement and to provide such additional information as may be required.
(c) That prior to submission of its final statement to HUD, the grantee/contractor has
met the citizen participation requirements, prepared its final statement of com-
munity development objectives and projected use of funds, and made the final
statement available to the public, as required by Section 104(a)(2) of the Housing and
Community Development Act of 1974, as amended;
(d) It is following a current housing assistance plan which has been approved by HUD and
which meets the requirements of Section Section 104(a)(2) of the Housing and
Community Development Act of 1974, as amended;
(e) It has developed its final statement of projected use of funds so as to give maximum
feasible priority to activities which benefit low- and moderate-income families or aid
in the prevention or elimination of slums or blight; the final statement of projected
use of funds may also include activities which the grantee/contractor certifies are
designed to meet other community development needs having a particular urgency
because existing conditions pose a serious threat to the health and welfare of the
community, and other financial resources are not available;
(f) Its chief executive officer or other officer of the grantee/contractor approved by
HUD:
(1) Consents to assume the status of a responsible Federal official under the
National Environmental Policy Act of 1969 and other authorities as specified in
24 CFR 58.5; and
(2) Is authorized and consents on behalf of the grantee/contractor and himself/her-
self to accept the jurisdiction of the Federal courts for the purpose of
enforcement of his/her responsibilities as such an official;
Il. 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 concerningw`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. Pavment Basis. County shall in no event pay to the Contractor a sum in excess
of the total amount specified in the Payment Limit of this Agreement. Subject to the
Payment Limit, it is the intent of the parties hereto that the total payment to Contractor
for all services provided for County under this Agreement shall be only for costs that are
allowable costs (see Paragraph 3 below) and are actually incurred in the performance of
Contractor's obligations under this Agreement. All payments made under this Agreement
shall be from Federal funds only. No general County funds shall be expended under this
Agreement. If, for any reason whatsoever, County does not receive such Federal funds,
Contractor agrees that County shall have no payment obligation hereunder.
2. Payment Amounts. Subject to later adjustments in total payments in accordance
with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and
subject to the Payment Limit of this Agreement, County will pay Contractor an amount
equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget
of Estimated Program Expenditures" contained in the Project Work Program.
3. Allowable Costs. Contractor's allowable costs are only those which are
determined in accordance with all Federal regulations, guidelines, bulletins, and circulars
pursuant to Title I of the Housing and Community Development Act of 1974, as published in
the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be
revised and amended. All of the aforesaid documents are by this reference incorporated
herein.
Costs incurred in carrying out the project, whether charged to the project on a direct
or an indirect basis, must be in conformance with the requirements of OMB Circular A-87,
"Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles
for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to
the extent inconsistent with the aforesaid documents.
4. Payment Demands. Contractor shall submit written demands for payment in
accordance with the above. Said demands shall be made on County Demand Form D-15 and
in the manner and form prescribed by County. Contractor shall submit said demands for
payment for services rendered no later than 60 days from the end of the month in which said
services are actually rendered. Upon approval of said payment demands by the head of the
County Department for which this Agreement is made or his designee, County will make
payments as specified above.
5. Right to Withhold. County has the right to withhold payment to the Contractor
by County notifying Contractor in writing if (a) the Contractor has failed to perform its
duties under this Agreement, or has insufficiently documented same, or (b) the Contractor
has neglected, failed or refused to furnish information 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
FAMILY
STRESS
CENTER
DATE: December 15, 1983
SUBJECT: Resolution/Contra Costa County Community Development dant,
Project Agreement 1983-84
Be it resolved that the Board of Directors of the Family Stress
Center does hereby approve the First Amendment to the 1983-84
commmity Development Grant Project with Contra Costa County to
implement Project #27--Colocation Study--in the amount of $8,000
pursuant to the Housing and Commanity Development Act of 1974 as
amended.
Be it further resolved that the Board of Directors of the Family
Stress Center, do hereby approve and authorize William A. Grath,
Executive Director and Helen Kelly, President of the Board of
Directors, to execute the 1983-84 Project Agreement for the Community
Development Block Grant Program with the county of Contra Costa on
i
behalf of the Family Stress Center.
I hereby certify that the above resolution is a certified true copy.
AYE'S: ( L
NO'S:
ABSTENTIONS: Q Helen Kelly, PvMident
u C�;
William A. Groth, utive Director
i
� I
� I
200 A HARRIET DRIVE PLEASANT HILL, CA 94523 (415) 827-0212
TO: BOARD OF SO .IVISORS 1-054
Contra
FROM: Anthony A. Dehaesus t ; COSta
Director of Community Development
DATE: May 15, 1985 `' County
SUBJECT: Approval of the Reallocation of Certain Funds From Community Development Block
Grant (CDBG)tProgram Contingency Fund
-
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Authorize the approval of the reallocation from the CDBG Contingency fund to certain
projects as follows:
1) $19,000 to activity #9-18 Improvements to Access Road, Montarabay; and
2) $7,000 to Clyde Community Park. (County Service Area M-16)
Y
FINANCIAL IMPACT:
100% Federal Funds (HUD)
BACKGROUND:
1) The Montarabay project consists chiefly of providing a 54,000 sq. ft. asphalt
parking lot including improving the access road to the Montarabay Center
and the installation of area lighting. The right of way acquisition from the
railroad took much longer than expected, driving the costs of the project
up.
2) The County Service Area M-16 has a $20,000 State Bonds Act grant pending
the augmentation of$7,000 in additional funds to complete the Clyde Community
Park project.
CONTINUED ON ATTACHMENT: YES SIGNATUR
RECOMMENDATION OF COUNTY ADMINISTRATOR ECOMNkN ATION1��COMIOIII`TTEE
APPROVE OTHER
SIGNATURES)
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
Community Development OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator ATTESTED
Auditor-Controller
County Counsel PHIL 4ATCHELOR. CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M3e2/7-e3 BY `� L . DEPUTY
To: ' BOARD of UIPERVISORS
Ca
FROM: Anthony A. Dehaesush 5
Director of Planning rv.r
coul
DATE: January 7, 1985
SUBJECT: Approval of Amendment to Project Agreement, Community Development Block
Grant Program (CDBG), Pre-School Coordinating Council I
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDAION:
.Authorize the Chairman to execute the amendment to the.Project Agreement with the
Pre-School Coordinating Council, Inc. reallocating $3,769.66 from contingency funds for
the payment of Final construction costs, thus increasing the contract payment limit from
$29,881.70 to $33,651.36.
BACKGROUND: .
Construction of the Day Care Center experienced a shortfall of $3,769.66 in final
expenses after completion. . Most of the expenses were direct labor charges for the
Hofmann Company and several sub-contractors and some material costs. The Board
approved the reallocation of. these funds on December 18, 19849 this action merely
approves the agreement through which these'expenses can be paid. ,
!I
I
CONTINU ON ATTACHMENT: YES SIGNATU
R MMENDATION OF COUNTY ADMINISTRATOR R CO MENDATI N BOARD COMMITTEE
___ APPROVE.i OTHER 5
SIGNATURE(S) Cz f
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 t �c1-y- 9�5
CAO PHIL WATCHELOR, CL RK OF 7HE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
Auditor-Controller (Attn: Betty Periera)
Contractor
mql i',�G� ��
By DEPUTY
Mssar7-ea
CONTRA,COSTA COUNTY
rLANVI--dC C�-rA.RTNENT
Dec 24 11 $2 AN '94
AMENDMENT TO PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
(County and-Pre=School Coordinating Council, Inc.)
c(Ninth Year (1983-84 A;tivity`#33)
SECTION 1. Parties
Effective on September 1, 1984 the County of Contra Costa, a political Subdivision of the
State of California, hereinafter referred to as the "County", and the PSCC,Inc. 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. 3. Term.
The effective date of this Agreement is September 1, 1984 and it terminates December
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 exce:;d
$339651.36.
PROJECT WORK PROGRAM
II. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE
CONTRACTOR: ACTIVITY NUMBER: 33
Pre-School Coordination Council,Inc. BUDGET PERIOD: April 1, 1984 - Dec. 31,1984
#4 East 5th Street
Pittsburg;. CA 94565
(a) (b) (c) (d)
Budget Item CD Funds -$ +Other Funds - $ =Total -$
Construction 33,651.36 * 339651.36
Paving
- Fencing/Gates
-Sheetrock, electrical
Plumbing, painting and
etc. (Rooms 1 and 3)
* donated funds and labor
e
TOTAL $337651.36 $ * $339651.36
Notes: (a) Detailed categories pursuant to FMC 74-4
(b) Items are eligible to be funded by CDBG funds.
(c) Estimate of other necessary e::p_l'i+,_res 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.
pppppp-
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.
COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR
Y By
i hai.l'manu: t— 'd o: Nupervisct^ DE ae Of°fi.FI
n'E.:
in Organization)
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
13y _ Aa&zzGtRBy
Deputy Desi ate Offici 1 Capacit��
in Organization)
Reco4Desi
ded by epartment
Note to Contractor: 1) If a public agency,
f designate official capacity in public
By agency and attach e. certified copy of the
ee, Tl on A. Dehaesus governing body resolution authorizing the
cto of Planning execution of this agreement.
2) All others: Execute acknowledgement
form above, and if a corporation, designate
Form Approval: County Counsel official capacity in business, execute
acknowledgement form and affix corpor-
ation seal.
BY
Deputy
(Affix appropriate acknowledgement form)
STATE OF CALIFORNIA On th.is_^ 20 day of December in the year
COUNTY OF Contra Costa 1984 before me
EteuY1'iL�� Ge'i ,SCQU'Yt a Notary Public, State of California,
duly commissioned and sworn, personally appeared
M.' Annell Grove & Ella Marie Knight
r
personally known to me(or proved to me on the basis of satisfactory evidence)
CF' '.V 1111 ``EA!, i`
r to bethe VP & Treasurer
ATRICBETTENCOURT
of the corporation
No-,ARt PUGLV CALiPC:fNi1 >; that executed the within instrument and also, known to me to be the
y cor;Taa cosra counrr " person s who executed the within instrument on behalf of the corpora-
My Cemm!ssien Expires OBC.17,13$5 4
tion therein named, and acknowledged to me that such corporation executed
the same
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the County of Contra Costa
Timis document u ono a 9aoaral tam whidn My be proper for use inaimpb on the date set forthabove in this certificate.
ea awtiona and in no way ma,m s intended tom,os a auoeautO for"
a&iee a an ammney.The pudlMer does w make any warranty anner eamess m implied as to
me 109.1 as ft a"pmvuam m tha aunabndy at aeoe lmma in any avecdw uansecoon. Notary Public, State of California
Cowdery's Form No. 28—Acknowledgement Beatrice ,.ACOtrrj
to Notary Public—Corporation(C. C. Secs. 1190-1190.1) My commission expires D Ec. 17, 1985
14151 439-2061
Coordinating Counci1, Inc. #4 East 5th Street, Pittsburg,California 94565
Ransil0
0 - -
VC
V
s -o
Lctl
= >�
yx
IL 2 January 1985 L za
D moo '
r is y
r
m ;V A
C
To Whom It May Concern: a� x y
cn ZL-
RESOLUTION
The Executive Director of the PRE-SCHOOL COORDINATING COUNCIL ,
INC . , is duly authorized to act on behalf of the PRE-SCHOOL
COORDINATING COUNCIL , INC . , Board Of Directors , at special Board
Of Directors meeting 20 December 1984 , hereby resolve:
1 . To approve amendment to said April 1 , 1984 Agreement ,
entitled "PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM" , with the County of Contra Costa for activity #9 ,
Housing Counselling, pursuant to the Housing Community Development
Act of 1979 , in the amount , not more than , $33 , 651 .36 .
2 . That the Vice-President and Secretary of the Board are hereby
authorized to execute the above mentioned agreement .on behalf
of the Pre-School Coordinating Council , Inc .
I certify that in a duly conducted Board Meeting on 20 December 1984 ,
this resolution was unanimously passed . This is a true and a
<{ correct copy of the above resolution .
Dated : 20 December 1984
RES DENT , PSCC
Boa d of Directors
mo
TO: BOARD OF S*RVISORS
/ FROM: Anthony A. Dehaesus (Contra
Director of Planning Costa
DATE: July 61 1984 County
Approval of the Second Amendment to the Community Development Block Grant
SUBJECT: (CDBG) Program Project Agreement, Neighborhood House of North Richmond.
Origional Agreement approved June 28, 1983 and amended April 10, 1984.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Authorize the Chairman to execute the second amendment to the Ninth Year (1983-84)
CDBG Program Project agreement increasing the payment limit from $408,322.83 to
$409,497.03 for activity #9-19- Senior Center Construction.
BACKGROUND: The additional funding of $1,174.20 is necessary to cover a shortfall in
)nal costs and expenses incurred relative to a soils report. The senior center was
completed in May of this year providing approximately 3,600 square feet of space
benefiting primarily low and moderate income people and senior citizens in the North
Richmond Area.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR REC MEND TION OF OARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) rc�
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 Department ATTESTED /
CAO J.eOLSS419N, COUNTY CLERK
Auditor-Controller (Attn: Betty Periera) AND EX OFFICIO CLERK OF THE BOARD
County Counsel
M382/7.8 B
Q BY —, DEPUTY
F \ LNS
,p; BOARD OF S#ERVISORS
ZFFR 0 M: Anthony A. Dehaesus Contra
Director of Planning Costa
DATE: June 4, 1984 County
SUBJECT: Approval of the Ninth Year Community Development Block Grant (CDBG) Program
Project Agreement, Diablo Valley.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
�t. Authorize the Chairman to execute the Ninth Year CDBG Program project agreement with the
Diablo Valley Housing Corporation (DVHC), implementing Activity #9-2 - Housing Development
Assistance with a payment limit of $20,000.
BACKGROUND:
The DVHC was created to develop and/or facilitate the development of affordable housing
in Contra Costa County and is currently concentrating on the acquisition of publicly
owned sites for affordable housing development.
r: J
�5 �• L
CONTINUED ON ATTACHMENT: YES SIGNATU
RECOMMENDATION OF COUNTY ADMINISTRATOR RECO MEN DATION F BOARD OMMITTEE
6.
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
CC: Planning Department ATTESTED oC /f
County Administrator J.R. o SON. COUNTY CLERK
Auditor- Controller AND EX OFFICIO CLERK OF THE BOARD
County Counsel
Contractor
M3B2/7-58 BY DEPUTY
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 9-2
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: Diablo Valley Housing Corp.
Address: 1990 N. California Blvd., Suite 830
Walnut Creek, CA 94596
3. Term.
The effective date of this Agreement is June 1, 1984 and it terminates March 31,
1985, unless sooner terminated as provided herein, subject to all terms, conditions,
and assurances contained or incorporated herein.
4. Allocation Payment Limit.
County's total payments to Contractor under this Agreement shall not exceed
$20,000 .
5. County's Obligations.
County shall make those allocation payments to the contractor described in the
"Payment Provisions" attached hereto which are incorporated herein by reference,
subject to all terms, conditions, and assurances contained or incorporated herein.
6. General Conditions and Assurances.
This Agreement is subject to the "General Conditions" and the "Certifications"
attached hereto, which are incorporated herein by reference.
7. Contractor's Obligations.
Contractor shall provide those services and carry out that work as described in and
in accordance with the "Project Work Program" attached hereto, which is incor-
porated herein by reference, subject to all the terms, conditions and assurances
contained or incorporated herein.
8. Project.
This Agreement implements in whole or in part the following described project, the
application and approval documents of which are incorporated herein by reference:
That Project as described in the Final Statement of Community Development
Objectives and Projected Use of Funds dated February 29, 1984, and approved by
HUD on April 1, 1984 ; and as more particularly described in the "Project. Work
Program", attached hereto.
9. Signatures.
These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR
�� lam'
By: �( Ion 1 mkt By:
Chairman, Board of Supervisors signat fficial Capacity U
ATTEST: J. R. OLSSON, County Clerk Organization)
By:
By:
(Designate nate Officia Capacity
in Organization)
Reco4D -
Ir-
partment
Note to Contractor:
�a S (1) If a public agency, designate official
By: capacity in public agency and attach a certi-
hony A. Dehaesus fied copy of the governing body resolution
authorizing execution of this agreement.
orm unty Counsel (2) All others:
Execute acknowledgment
form above, and if a corporation, designate Q
official capacity in business, execute acknow-
Deputy `
By. ledgment form and affix corporation seal.
(Affix Appropriate
Acknowledgement Form)
1�
� a
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Page 2
EXHIBIT A
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT PROGRAM 1983-1984
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
9-3, Housing Development Assistance
Diablo Valley Housing Corporation is a non-profit housing development corporation that was
created to develop and/or facilitate the development of affordable housing in. Contra Costa
County. DVHC is currently concentrating on the acquisition of publicly owned sites for
affordable housing development. Non-profit corporations such as DVHC are given priority in
the disposal of public surplus sites. DVHC is attempting to take advantage of this priority
to option a site, negotiate a joint venture agreement with a for-profit developer, and
develop housing affordable to low and moderate income persons.
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
I. Fill vacancies on Board of Directors. July 1984 Sept. 1984
2. Acquisition of site in unincorporated June 1984 on-going
County.
3. Selection of developer.
4. Joint venture agreement.
5. Construction of housing project.
6. Assistance to housing developers. June 1984 on-going
-*Following acquisition of site.
C. PROJECT GOALS
Contractor shall define project objectives.
DVHC is currently involved with four major housing projects in the County with a total of
460 units representing approximately $24 million of construction. Of this total, 95 units will
be affordable to low income persons with the balance affordable to moderate income.
DVHC's immediate goal is to complete these projects and continue our site acquisition
program for future developments.
Page 3
PROJECT WORK PROGRAM
D. PERFORMANCE STANDARDS
The performance standards indicated (details of project implementation) will be applied in
implementing the Work Program.
I. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD
regulations including Equal Opportunity and Section 3 provisions, as provided in the
"Guide for Compliance with Assurances and Certification Under the Housing and
Community Development Act", as provided by the County Planning Department.
2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the
contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance
Form signed by the supplier service prior to the receipt of any goods or initiation of
any services. The required forms are available from the County Planning Department.
3. All contracts under $10,000 entered into shall be in compliance with procurement
procedures contained in Office of Management and Budget (OMB) Circular A-102,
attachment O and any other applicable HUD regulations.
4. In all construction contracts over $2,000 enforce and administer Labor Standards
Requirements in accordance with Title 1 of the Housing and Community Development
Act of 1974, HUD Handbook 1344.1 - Labor Standards Administration and Enforce
ment, Community Development Block Grant Program, and as provided in the Compli-
ance Guide cited.
5. All construction contracts over $10,000 shall be in complaince with bid procedures
contained in the Complaince Guide cited.
6. All construction contracts over $100,000 shall be in complaince with the bonding and
insurance requirements contained in OMB A-102 Attachment B, and with the require-
ments of the Clear Air Act and Federal Water Pollution Control Act.
7. Comply with all applicable building codes and laws in the construction work and ensure
that access to the handicapped will be provided in accordance with the requirements
of the "American Standard Specifications for Making Buildings and Facilities Access-
ible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1971.
8. Shall, at a minimum, notify applicable minority owned business firms located in Contra
Costa County of bid opportunities for Community Development funded projects and
maintain documentation of such efforts. A listing of minority owned businesses
located in Contra Costa County and neighboring counties is available from the County
Planning Department.
9. Transmit to the County Planning Department a copy of all construction contracts over
$2,000 prior to the Contract being advertised to ensure that all appropriate require-
ments and provisions have been included.
E. PROJECT ADMINISTRATION
Contractor should indicate who will be responsible for administering the Work
Program.
Daniel Lachman, Executive Director
Diablo Valley Housing Corporation
1990 N. California Blvd., Suite 830
Walnut Creek, CA 94596
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: Diablo Valley Housing Corp. ACTIVITY NUMBER: 9-2
1990 N. California Blvd., Suite 830
Walnut Creek, CA 94596
BUDGET PERIOD: June 1, 1984-March 31,1985
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ -Total -$
9-2 Housing Development $20,000 -0- $205000
Assistance
- Administration
- Staff Salary
- Fringe Benefits
- Insurance
- Misc.
e
TOTAL $209000 $ -0- $20,000
Notes: (a) Detailed categories pursuant to OMB A-102.
(b) Items are eligible to be funded by CDBG funds.
(c) Estimate of other necessary expenditures that cannot be funded with CD
monies; and indication of anticipated sources.
(d) Sum of (b) and (c) above including both Community Development and non-
community Development funds.
(e) Contract Payment Limit for CD project.
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
(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;
i
(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;
Il. 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 I1 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) Liabilitv Insurance. The Contractor shall provide a policy or policies of
comprehensive liability insurance, including coverage for owned and non-owned automobiles,
naming the County and its officers and employees as additional insureds, with a minimum
combined single limit coverage of $500,000 for all damages because of bodily injury,
sickness or disease, or death to any person and damage to or destruction of property,
including the loss of use thereof, arising from each accident or occurrence.
(b) Worker's Compensation. The Contractor shall provide the County with a
certificate of insurance evidencing workers' compensation insurance coverage for its
employees.
(c) Additional Provisions. The policies shall include a provision for thirty (30)
days written notice to County before cancellation or material change of the above specified
coverage. Said policies shall constitute primary insurance as to the County, the State and
Federal Governments, their officers, agents, and employees, so that other insurance policies
held by them shall not be required to contribute to any loss covered under the Contractor's
insurance policy or policies. Not later than the effective date of the Contract, the
Contractor shall provide the County with a certificate(s) of insurance evidencing the above
liability insurance.
20. Notices. All notices provided for by this Agreement shall be in writing and may
be delivered by deposit in the United States mail, postage prepaid. Notices to the County
shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine
Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the
Contractor's address designated herein. The efective date of notice shall be the date of
deposit inthe mails or of other delivery.
Page 4
21. Available Copies. Copies of the County's Project documents (as speci-
fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues,
regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be
available at all times for inspection by the Contractor during regular business hours at the
Offices of the Planning Department, Martinez, California.
22. Retained Powers. All powers not explicitly invested in the Contractor
remain in the County.
23. Project Development.
(a) If the Project includes construction, the construction plans and
specifications shall be reviewed and approved by the Contractor before construction is
commenced.
(b) The Contractor shall secure completion of the construction work in
accordance with the approved construction plans and specifications.
(c) If the Project includes acquisition of real property, the purchase
price for such property shall be determined in accordance with the requirements
contained in Department of Housing and Urban Development (HUD) Handbook 1376.1,
Relocation and Real Property Acquisition. The appraisal reports and qualifications of
appraisers shall be submitted for review and approval by the County before initiation of
the acquisition procedure. Contractor agrees to furnish County preliminary title reports
respecting such real property or such other evidence of title which is determined to be
sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at
the close of escrow any defects of title which in the opinion of County might interfere
with the operation of the Project. 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.
. S. Right to Withhold. County has the right to withhold payment to the Contractor
by County notifying Contractor in writing if (a) the Contractor has failed to perform its
duties under this Agreement, or has insufficiently documented same, or (b) the Contractor
has neglected, failed or refused to furnish information or to cooperate with any inspection,
review or audit of its program, work or records, or (c) Contractor has failed to sufficiently
itemize or document its demands for payment.
6. Payment Adjustments. If any funds are expended by the Contractor in violation
of any of the terms and conditions of this Agreement, County may make necessary
adjustments in payments to Contractor on account of such unauthorized or illegal expendi-
ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or
supportive services for any participant or to expend less during the effective period of this
Agreement than those sums called for in the Project Work Program. Any such reduction in
expenditures may be deemed sufficient cause for termination. Contractor shall reimburse
County for any allocated monies which are expended in violation of this Agreement or used
for unauthorized or illegal expenditures.
7. Cost Report' and Settlement. No later than sixty (60) days following the
termination of this Agreement, Contractor shall submit to County a cost report in the form
required by County, showing the allowable costs that have actually been incurred by
Contractor under this Agreement. If said cost report shows that the allowable costs that
have actually be incurred by Contractor under this Agreement exceed the payments made by
County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such
excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said
cost report shows that the payments made by County pursuant to Paragraph 2 (Payment
Amounts) above exceed the allowable costs that have actually been incurred by Contractor
under this Agreement, Contractor shall remit any such excess amount to County.
Page 2 •
i
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.
i
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 #84-1
The Board of Directors of the Diablo Valley Housing Corporation hereby
resolves that:
1. The Board approves the 1983-84 Year Community Development
Block Grant Program Project Agreement with the County of Contra Costa
for Activity #2 -- Housing Development Assistance pursuant to the
Housing and Community Development Act of 1974 as amended in the amount
of $20,000.
2. The Chair of the •Board, Kelly M. Wilson, and the Secretary
of the Board, Anita Nevison, are hereby authorized to execute the
above-mentioned agreement on behalf of the Diablo Valley Housing
Corporation.
I HEREBY CERTIFY that the above resolution was duly adopted by the
Board of Directors of the Diablo Valley Housing Corporation at a
regular meeting held on May 7, 1984, and is a true and certified copy.
,�
To: BOARD OF SUPERVISORS
FROM: Anthony A. Dehaesus FROM:
Director of Planning Costa
DATE: April 19, 1984 County
SUBJECT: Approval of the Community Development Block Grant (CDBG) Program
Project Agreement with Pre-School Coordinating Council,Inc.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Authorize the Chairman to execute the CDBG program project agreement with the .Pre-sbhool
Coordinating Council, Inc. for Activity #9-33-Day Care Center Construction, with a payment i•i m it of
$299881.70.
BACKGROUND:
The Pre-School requested funding for completion of certain unfinished rooms in the day care center,
paving and fencing. These items were considered extra, not included in the general contract for
completion of the day care center. The funds allocated for this project will be used in conjunction with
other donated funds and labor. All work will be supervised by a representative of the Hofmann
Construction Company.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR CO M NDATtON BOARD C'R41TTEE
APPROVE /f fJ� OTHER
/►
SIGNATURE(S)
C C N�"
ACTION OF BOARD ON APPROVED AS RECOMMENDEDOTHER
On recommendation of Supervisor R. I . Schroder , the Board requested
the County Administrator to provide a report on the financing of the
E1 Pueblo Day Care Center , said report to include the total construction
cost .
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT IV ) I HEREBY CERTIFY THAT THIS IS A TRUE
• AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Planning Department May 1 , 1984
CC: County Administrator's Office ATTESTED
Auditor-Controller J.R. OLSSON, COUNTY CLERK
County Counsel. AND EX OFFICIO CLERK OF THE BOARD
Public Works Dept
Hofmann Co.
M382/7•e3Contractor BY DEPUTY
STATE OF CALIFORNL4 On this 4th day of April in the year
COUNTY OF Contra Costa 84 before me
Beatrice BeiLellcourl , a Notary Public, State of California,
duly commissioned and sworn,personally appeared
Frances Greene
r personally known to me(or proved to me on the basis of satisfactory evidence)
to be the Director of the corporation
that executed the within instrument, and also known to me to be the
1 6cflTr ICh person who executed the within instrument on behalf of the corpora-
. rad A
r;.
( � cor.Tr.a cIsrA COUNTY ,.7 tion therein named, and acknowledged to me that such corporation executed
;res15;5 «1 the same
e A1Y Commiss:un xr• _ s�✓:
IN WITNESS WHEREOF I have hereunto set my hand and affixed
-. my official seal in the County of Contra Costa
fjNe docturpmu only a general lam which may M proper for use in simple on the date set fo h above in this certificate.
�.•treMecems ans!in no way acts.or of InrsWeo to M.a a arbabtule for the \
r advice of an eWrt".The pubitster does not make any warranty eider express or implied as to
the legal vWk*y of arty provision or de auaablllly of Mesa forma in any s'pecaC trereaction.
Cowdery s Form No.28—Acknowledgement 8�3�rtCE £i�tei1CR1([� Notarry Public, State of California
to Notary Public—Corporation(C.C. Secs. 1190-1190.1) My commission expires�61..-C 1 7 i 7 5
STATE OF CALIFORNL9 On this 13th day of April in the year
COUNTY OF Contra Costa 1984 6eabefore me
.tr(ce Q>: 811COQYT a Notary Public, State of California,
duly commissioned and sworn,personally appeared
Joyce M. Tensley
personally known to me(or proved to me on the basis of satisfactory evidence)
ccs" � to be the President of the corporation
rP
BEATRICE BETTENCOURT I that executed the within instrument, and also known to me to be the
NOTA;a PU3l1C,f.0
` CONTRA COSTA COUNTY t person who executed the within instrument on behalf of the corpora-
My Commission Expires Oat.17,1385 corpora-
'IQ
tion therein named, and acknowledged to me that such corporation executed
the same
IN WITNESS WHEREOF I have hereunto set my hand and axed
my official seal in the County of
The dopemm is only a general form~may be proper for use in aimple Contra Costa on the date set forth above in this certificate.
bmaa d"6M in no way acro,ar is Inlwood m W,as a aubamute for pro '
'i"w of an saw".The pulthmer doss not make any warranty either express or implied as to
me egal vai of any prowsIon or mo suaaMlily,of eleae forme in my SpeOic transaction. Beatrice eetter1cdUrj Notary Public, State of California
Cowdery's Form No. 28—Acknowledgement Dec. 17 198 5
to Notary Public—Corporation(C. C.Secs. 1190-1190.1) My commission expires
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 9-33
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: Pre-School Coordinating Council
Address: #4 East 5th Street
Pittsburg, CA 94565
3. Term.
The effective date of this Agreement is April 1, 1984 and it terminates
August 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
$29,881.70.
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 CONTR CTOR
By. By: tiic
Chairman, Board of Supervisors Designate Official Capacit,y� .....•.
ATTEST: J. R. OLSSON, County Clerk
in Organization)..,`'•`•
By: IN
D puty (Designate Official Gaacity
in Organization)
Recommen"byDeparent
Note to Contractor: `-
? (1) If a public agency, designate•,official
Byc capacity in public agency and attach 'a"certi-
A th y . D aesus fied copy of the governing body resolution
authorizing execution of this agreement.
Form pproved: ounty Counsel (2) All others: Execute acknowledgment
form above, and if a corporation, designate
official capacity in business, execute acknow-
ledgment form and affix corporation seal.
Deputy -'
(Affix Appropriate
Acknowledgement Form)
1 Y • ' • • •
Page 2
EXHIBIT A
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT PROGRAM 1984-1985
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION - El Pueblo Day Care Center
This project will provide for completion of paving (Area 7), fencing (Area 8) and, partial
completion of unfinished rooms 1 and 3 (Area 4a) as shown on Attachment 1. Overall
supervision and construction management will be provided by the Hofmann Company. The
CD funds provided for this project will be used for completion of certain extra items not
included in the general contract for completion of the day care center. (See Attachment 2)
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
Paving April 15, 1984 May 1, 1984
Fence/Gates May 15, 1984 June 30, 1984
Completion, Rooms 1 & 3 July 1, 1984 July 31, 1984
C. PROJECT GOALS
Contractor shall define project objectives.
Completion of paving, fence and gates and the remainder of the CD allocation will go for
completion of Room 1 and 3 as shown as Item 4a on Attachments 1 and 2.
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 Accessible
to, and Usable by, the Physically Handicapped", Number A-117-1-R-1971.
8. Shall, at a minimum, notify applicable minority owned business firms located in Contra
Costa County of bid opportunities for Community Development funded projects and
maintain documentation of such efforts. A listing of minority owned businesses located
in Contra Costa County and neighboring counties is available from the County Planning
Department.
9. Transmit to the County Planning Department a copy of all construction contracts over
$2,000 prior to the Contract being advertised to ensure that all appropriate require-
ments and provisions have been included.
10. Work shall be generally consistent with the site drawings (ATT. 1) and list of priority
work items (ATT. 2) unless otherwise authorized with prior written approval from the
County.
11. All demands submitted to the County for payment will be approved by a representative
of the Hofmann Company in addition to the requirements stated in the Payment
Provisions of this agreement.
E. PROJECT ADMINISTRATION
Contractor should indicate who will be responsible for administering the Work Program.
Frances Greene, Director 439-2061
Pre-School Coordinating Council, Inc.
#4 East 5th Street
Pittsburg, CA 94565
Mr. Nels Carlson 682-4830
The Hofmann Company
1380 Galaxy Way
Concord, CA 94520
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: Pre-School Coordination Council, Inc. ACTIVITY NUMBER: 9 & 12
#4 East 5th Street
Pittsburg, CA 94565 BUDGET PERIOD: April 1, 1984-August 31, 1984
(a) _ (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total -$
Construction $29,881.70 $29,881.70
- Paving
- Fence/Gates
- Sheetrock, electrical
Plumbing, painting and
etc. (Rooms 1 and 3)
* donated funds and labor
e
TOTAL $29,881.70 * $299881.70
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.
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,File: 345-8001/C.2.
Date: December 28, 1983
Rev: February 10, 1984
EL PUEBLO DAY CARE CENTER
i Possible Items for Donated or Volunteer Work
I
The following items are not included in the general construction contract for completion
of the El Pueblo Day Care Center. None of the items, with the exception of the burglar
alarm system, should be accomplished until after the General Contractor's work is complete
to avoid claims for delay, clouded responsibility, security problems and other conflicts
with the General Contractor.
Approximate Value Funding
Priority Description Sub(1) Materials La or otal Status
j 1. Burglar alarm system _ $ 5,000 - - $ 5,000 Committed(3)
2. Additional concrete sidewalks
and curbs - $ 800 $ 1,700 $ 2,500 Donated
3. Landscape planting and irri-
gation (min. scheme) $ 3,000 $ 4,000 $ 7,000 Donated
4.a. Completion of unfinished Seek $10 000
Room Nos . 1 and 3 - $ 8,400 $ 5,600 $14,000 Grant(2f
4.b. Completion of unfinished
Room Nos. 41, 42 and 43 - $11,500 $ 9,500 $21,000 Deferred
5. Additional cabinet work in Use any Grant
laundry and office copy room - $ 3,000 $ 600 $ 3,6.00 money left
from 4a, 7 &
i 8 on these
6. Metal lockers for staff (Rm.37) - $ 800 $ 100 $ 900
7. Additional parking area Seek $15,000
paving $15,000 $15,000 Grant
8. Additional perimeter fencing Seek $10,000
and entrance gates Grant(2)
a. Gate @ Chester Dr'. $ 3,000 - - $ 3,000
b. Fence $ 8,000 - - $ 8,000
9. Landscape planting and irri-
gation (expanded scheme) - $ 6,000 $ 9,000 $15,000 Deferred
TOTALS $20,000 $40,000 $35,000 $95,000 (4)
NOTES:
(1) No material/labor breakdown is given since this work does not lend itself to volunteer
labor.
(2) Difference between estimated value and grant request will be covered by donation.
1 (3) Housing and Community Development Advisory Committee committed funds informally 2/8/84.
(4) SEEK $35,000 TOTAL GRANT FOR ITEMS 4a, 7 AND 8. k.epwk.tl2
i
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 11 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 filial 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".
gage 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) Liabilitv Insurance. The Contractor shall provide a policy or policies of
comprehensive liability insurance, including coverage for owned and non-owned automobiles,
naming the County and its officers and employees as additional insureds, with a minimum
combined single limit coverage of $500,000 for all damages because of bodily injury,
sickness or disease, or death to any person and damage to or destruction of property,
including the loss of use thereof, arising from each accident or occurrence.
(b) {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.
Page 4
21. Available Copies. Copies of the County's Project documents (as speci-
fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues,
regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be
available at all times for inspection by the Contractor during regular business hours at the
Offices of the Planning Department, Martinez, California.
22. Retained Powers. All powers not explicitly invested in the Contractor
remain in the County.
23. Project Development.
(a) If the Project includes construction, the construction plans and
specifications shall be reviewed and approved by the Contractor before construction is
commenced.
(b) The Contractor shall secure completion of the construction work in
accordance with the approved construction plans and specifications.
(c) If the Project includes acquisition of real property, the purchase
price for such property shall be determined in accordance with- the requirements
contained in Department of Housing and Urban Development (HUD) Handbook 1376.1,
Relocation and Real Property Acquisition. The appraisal reports and qualifications of
appraisers shall be submitted for review and approval by the County before initiation of
the acquisition procedure. Contractor agrees to furnish County preliminary title reports
respecting such real property or such other evidence of title which is determined to be
sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at -
the close of escrow any defects of title which in the opinion of County might interfere
with the operation of the Project. In condemnation actions such title defects must be
eliminated by the final judgement.
24. Project Termination.
It shall be a policy of the County that any project funded in any way
through the Community Development Program that is cancelled, abandoned or fails during
the contract period or is otherwise completed, all remaining funds allocated shall be
immediately returned to the County. Property acquired with the use of federal funds, in
whole or in part, under the Community Development Program that falls to disuse, is
abandoned or is no longer needed for the original intended purpose within 20 years of
acquisition, will be disposed of in accordance with OMB Circular A-102, Attachment N,
with prior written approval and coordination with county staff.
la
PAYMENT PROVISIONS
1. Pavment Basis. County shall in no event pay to the Contractor a sum in excess
of the total amount specified in the Payment Limit of this Agreement. Subject to the
Payment Limit, it is the intent of the parties hereto that the total payment to Contractor
for all services provided for County under this Agreement shall be only for costs that are
allowable costs (see Paragraph 3 below) and are actually incurred in the performance of
Contractor's obligations under this Agreement. All payments made under this Agreement
shall be from Federal funds only. No general County funds shall be expended under this
Agreement. If, for any reason whatsoever, County does not receive such Federal funds,
Contractor agrees that County shall have no payment obligation hereunder.
2. Payment Amounts. Subject to later adjustments in total payments in accordance
with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and
subject to the Payment Limit of this Agreement, County will pay Contractor an amount
equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget
of Estimated Program Expenditures" contained in the Project Work Program.
3. Allowable Costs. Contractor's allowable costs are only those which are
determined in accordance with all Federal regulations, guidelines, bulletins, and circulars
pursuant to Title I of the Housing and Community Development Act of-1974, as published in
the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be
revised and amended. All of the aforesaid documents are by this reference incorporated
herein.
Costs incurred in carrying out the project, whether charged to the project on a direct
or an indirect basis, must be in conformance with the requirements of OMB Circular A-87,
"Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles
for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to
the extent inconsistent with the aforesaid documents.
4. Payment Demands. Contractor shall submit written demands for payment in
accordance with the above. Said demands shall be made on County Demand Form D-15 and
in the manner and form prescribed by County. Contractor shall submit said demands for
payment for services rendered no later than 60 days from the end of the month in which said
services are actually rendered. Upon approval of said payment demands by the head of the
County Department for which this Agreement is made or his designee, County will make
payments as specified above.
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
• �: 33
TO: BOARD OF SUORVISORS
Contra
FROM: Anthony A. Dehaesus
Director of Planning Costa
DATE: April 3, 1984 Cou"ly
SUBJECT: Approval of the Amended (1983-84) Community Development Block Grant (CDBG)
Program Project Agreement with Neighborhood Housing of North Richmond.
Oriainal Agreement Approved June 28. 1983,
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Authorize the Chairman to execute the first amendment to the Ninth Year (1983-84) CDBG
Program Project Agreement with the Neighborhood House of North Richmond, increasing their
payment limit from $406,322. 83 to $408,322.83•
BACKGROUND:
The addition of the $2,000 in funding is necessary to cover a shortfall in costs for the
construction of the Senior Center in North Richmond, Activity #9-19 - Senior Center
Construction.
y
S
CONTINUED ON ATTACHMENT: YES SIGNATURE: I
RECOMMENDATION OF COUNTY ADMINISTRATOR MM& ATION O BOARD COM TEE
APPROVE "n p� OTHER
SIGNATURE(S)
ACTION OF BOARD ON 77? yAPPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
• AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
/
Planning _
CC: County Administrator ATTESTED 2.r�1/}iG�.. I
Auditor-Controller J.R. OLSSON, COUNTY CLERK
County Counsel AND EX OFFICIO CLERK OF THE BOARD
Contractor
Mae2/7-e8 BY —, DEPUTY
i
AMENDMENT TO PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
(County and Neighborhood House of North Richmond, Inc.)
(Ninth Year (1983-84 Activity #19)
Section 1. Parties - Effective April 1, 1984, the County of Contra Costa, a political
subdivision of the State of California, hereinafter referred to as the "County", and
Neighborhood House of North Richmond, Inc., hereinafter referred to as "Contractor", hereby
amend their April 5, 1983 agreement entitled "PROJECT AGREEMENT COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM":
I. SECTION 2. Alteration
3. Term.
The effective date of this Agreement is April 1, 1984 and it terminates April 30, 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
$4082322.83.
II. B. PROJECT TIME SCHEDULE
Work Item Start Date Completion Date
Construction July 1983 March 1984
Page 2
PROJECT WORK PROGRAM
H. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE
CONTRACTOR:Neighborhood House of North Richmond. ACTIVITY NUMBER: 9 & 19
321 Alamo Avenue
Richmond, CA 94801 BUDGET PERIOD: April 1, 1983-April 30, 1984
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total -$
19. Senior Center $408,322.83 -0- $408,322.83
Plans/Specifications
Architect
Project Manager
Construction
Misc.
(e)
TOTAL $4089322.83 -0- $4089322.83
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.
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I
STATE OF CALIFORNIA,
�. COUNTY OF CONTRA COSTA
On March 28. 1984 before me, the undersigned, a Notary Public in
and for said State, personally appeared r.i„3.rl r 1�?a�l a ��rmr '] +Q me QP �=e
basis of satisfactoryevidence----------------------- -----------------------
xX*Xto be the person ----whose name * subscribed to the within instru-
ment and acknowledged that zee executed tie same. f'
I
WITNESS my nd and offl sea OFFICIAL SEAL
SignaturFRANCES ROYBAL
NOTARY PUBLIC-CALIFORNIA
Frances Roybal
Name (TypedOr Printed) - q PRINCIPAL OFFICE IN
J' CONTRA COSTA COUNTY I
MY Commission Expires Jon. 16, 1988
Page 3
Section 3. Reaffirmance
Said April 5, 1983 Agreement entitled "PROJECT AGREEMENT COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM" except as herein-above amended shall remain in full force and
effect.
COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR
By: / /L �-t��l yt� By: Pres.
Chairman, Board of Supervisors (Designate Official Capacity
in Organization)
ATTEST: J. R. OLSSON, County Clerk
By: 171, By: Secretary
Deputy esignate�Official Capacity
in Organization)
Recommen d by Dep ,tment
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
esi nee P.nthon . Dehaesus authorizing execution of this agreement.
Director of Planning
(2) All others: Execute acknowledgment
form above, and if a corporation, designate
Form Approval: County Counsel official capacity in business, execute acknow-
ledgment form and affix corporation seal.
By. By
Deputy Notary Public
(Affix Appropriate Acknowledgement Form) Dated: March 28, 1984
THE BOARD OF DIRECTORS
OF
NEIGHBORHOOD HOUSE OF NORTH RICHMOND
In the Matter of the President)
and Secretary 's Authorization )
To Execute A Contract For CDBG)
Senior Citizens Center Con- )
struction Project )
March 29 , 1984
WHEREAS , On March 29 , 1984 , the Board of Directors of Neigh-
borhood House of North Richmond, concurred that the President and
Secretary, Michael C. Leary and Lloyd G. Madden, be authorized to
execute a contract between Neighborhood House of North Richmond
and the County of Contra Costa, for the CDBG_ Senior Citizens Center
construction project. ,.
NOW, THEREFORE , on a motion duly made and seconded, it was
RESOLVED, that the President, Michaels-C. Leary, and Secretary,
Lloyd G. Madden, are hereby authorized to enter into, execute, and
deliver in the name of and on behalf of Neighborhood House of North
Richmond all instruments and contracts deemed necessary and proper
for the CDBG Senior Citizens Center construction project.
I , the undersigned, do hereby certify:
That I am the Recording Secretary of Neighborhood House of North
Richmond, a nonprofit corporation, and the foregoing resolution was
duly adopted by the Board of Directors of Neighborhood House of
North Richmond, on the 29th day of March 1984.
IN WITNESS WHEREOF, I have subscribed my name and affixed the seal
of said corporation on this 29th day of March 1984 .
arbara J J hnson
Recordin Secretary
r, w
TO: BOARD OF SUPE`.VISORS
FROM: Anthony A. Dehaesus Contra
CostaDirector of Planning
DATE: February 27, 1984 County
SUBJECT: Approval of Amendment to the Ninth Year (1983-84) Community Development Block
Grant Program (CDBG) Agreement and Reallocation of Funds; City of Martinez
(Original Agreement Executed on July 14, 1983).
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Authorize the Chairman to execute the amended contract with the City of Martinez
increasing the payment limit by $70,000 from $53,390.93 to $123,390.93 to provide financial
assistance for the Martinez Hotel project; and
2. Approve the reallocation of $70,000 from the Community Development Block Grant
Contingency Fund to the Hotel project.
BACKGROUND
The City of Martinez requested $70,000 funding for the "River House" (The Hotel) from the
economic development contingency fund in order to complete needed exterior and public
improvements to the building. These improvements are part of the downtown revitalization
program and the Hotel renovation will serve as the anchor for the western sphere of downtown
Martinez. The renovation work will create refurbished store fronts which will yield as many as
15 jobs.
I
CONTINUED ON ATTACHMENT: YES SIGNATURE,/:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECO MENDATI IT
OF B ARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES; NOES. AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT; ABSTAIN: OF SUPERVISO ON THE DATE SHOWN..
cc: County Administrator ATTESTED /( ,711
Auditoz-Controller J.R. OLSSON, COUNTY CLERK
Community Services Department AND EX OFFICIO CLERK OF THE BDARD
Contractor via Planning
Planning
BY �� ,DEPUTY
M382/7-B3
AMENDMENT TO PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
'County and City of Martinez)
(Ninth Year (1983-84) Activities #5 and #6)
SECTION 1. Parties
Effective December 20, 1983, 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" or "City", hereby amend their April 5, 1983 Agreement entitled
"PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" as fol-
lows:
SECTION 2. Alteration
I. PROJECT AGREEMENT
3. Term. The effective date of this Agreement is April 5, 1983 and it terminates October 31,
1984, unless sooner terminated as provided herein, subject to all terms, conditions, and
assurances contained or incorporated herein. Notably, Section D (14) - Loan Guaranty is a
continuing guaranty of the Contractor, and shall expire only upon the satisfaction of all claims of
the County pursuant to the incorporated loan and loan guaranty.
4. Allocation Payment Limit. County's total payments to contractor under this Agreement
shall not exceed 123,390.93.
II. PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
Exterior improvements and public improvements to the Hotel Company. Financial assistance by
the County to the City is to be in the form of a loan/grant combination. The loan portion of the
assistance is to be repaid to the County on a schedule in conformance with the loan terms
specified in Section D (14) and D (15) Financial assistance by the City to the Hotel Company for
specified improvements, shall be in the form of a secured loan. The property is located at the
corner of Alhambra and Main Streets, 708 Alhambra, Martinez. (Parcel #373-225-003)
B. PROJECT TIME SCHEDULE
Work Item Start Date Completion Date
Improvements March, 1984 August, 1984
C. PROJECT GOALS
Contractor shall define project objectives. Project goals will vary depending upon the type of
project.
Hotel Company Renovation
Renovation of the exterior of the Hotel will anchor the physical revitalization of the western
sphere of downtown Martinez. The exterior work will complement and aid in the ongoing interior
renovation to the Hotel and exterior renovation to other structures in the area.
The renovation work will create refurbished store fronts. Upon occupancy the commercial space
will yield 9-15 jobs.
Page 2
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.
Special Conditions for the Facade Refurbishment Program
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 #(s); 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 3
13. Lump sum drawdown for property rehabilitation financing shall be made in accordance
with 24CFR 570.513.
Special Conditions for the Hotel Company Financial Assistance
14. Loan Guaranty: In order to induce the County to loan Community Development Block
Grant Funds to the City for the purpose of originating an economic development loan to
the Hotel Company, a profit motivated business venture, the City agrees to guaranty to
the County the due and punctual payment of the principal and interest due with respect
to a note and deed between the City and the Hotel Company. This guaranty is absolute
and unconditional. To honor this guaranty, the City pledges such revenue at its disposal
for which no legal encumbrances exist that would prohibit the use of the funds for a'
guaranty. Revenues may include, but are not limited to, general revenues and sales tax
revenues.
In the event the Hotel Company fails to pay principal and interest due pursuant to the
note and deed of trust, and in turn the City fails to make loan repayments to thg County
from repayments of the Hotel Company, the City will, upon written demand of the
County, pay the amount due and payable as of the date of payment, within a reasonable
time frame, but in no event longer than ninety (90) days. All rights and remedies of the
County are against the City. If the City does not honor the terms of this loan guaranty,
the County may terminate funding pursuant to Project Agreements with the City for
Community Development Block Grant Funds, and/or reduce or discontinue remittance of
property taxes collected by the County and due the City, or take such other actions as
are prudent and advisable. The City consents to allow the County Auditor/Treasurer,
upon demand of the County, to credit the County for due debt.
The City agrees to pay reasonable attorney's fees and other costs and expenses incurred
by the County in enforcing the provisions of this guaranty.
.The City agrees that this is a continuing guaranty of principal and interest payments due
the County, and shall expire only upon the satisfaction of all claims of the County,
pursuant to this loan and loan guaranty.
15. Financial assistance to the Hotel Company shall be in the form of a $46,000, 3% deferred
-. loan. The deferment period shall be for three (3) years. At the end of the deferment
period, the principal amount plus accrued interest would be converted to a 3% loan
amortizing over a 15 year term. Said economic development loan must be subordinate
only to the first and second deeds of trust existing as of February 1, 1983. With prior
approval of the County, the City may, should the owner of the Hotel desire to refinance
the existing first and second deeds of trust, consider subordination if a determination can
be made that the security of this economic development loan would not be diminished. A
due-on-sale clause for funds loaned shall be inserted in the note and deed of trust with
the Hotel Company. The City possesses no rights of assignability of the note and deed of
trust with the Hotel Company.
16. The Contractor shall furnish the County Planning Department with a financial statement
setting forth, in reasonable detail, the status of the economic development loan to the
Hotel Company. Said financial statement shall be submitted semi-annually (beginning
July 1, 1984) during the deferment period, and monthly during the amortization period.
17. Principal and interest payments from the Hotel Company to the City are program
income as defined in Section 570.506 of the Community Development Block Grant
regulations. Said program income shall be transmitted by the City to the County as
received.
18. The City shall cause to be submitted a hiring agreement, acceptable to the County
Planning Department that commits the Hotel Company and its commercial space leasees
to the recruitment and hiring of lower income persons referred by County Private
Industry Council for jobs generated. The Hotel Company shall submit copies of the form
of lease agreements with tenants outlining responsibilities for meeting,the terms of the
hiring agreement.
19. As part of this financial assistance, the City agrees to waive all fees for permits, etc.
necessary for improvements to be funded under this agreement.
20. Improvements to be completed under this agreement shall be substantially in con-
formance with exterior and public improvements listed in the City's March 25, 1983
letter to the County Planning Department.
Page 4
E. PROJECT ADMINISTRATION
Contractor should indicate who will be responsible for administering the Work Program.
Jim Jaekel (372-4932)
City of Martinez
525 Henrietta Street
Martinez, CA 94553
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: 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 $209000 $139500* $33,500
- Implement loans
- Misc.
6. Econ. Development. $33,390.93 -0- $339390.93
- Staff Salary
- Fringes
- Misc.
*local contributions
Hotel Company Financial
Assistance
Grant for Public
Improvementes $24,000 $24,000
- Loan for Facade &
Public Improvements $469000 $469000
(e)
TOTAL $123,390.93 $13,500 $1369890.93
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) Contract Payment Limit for CD project.
r /
Page 5
SECTION 3. Reaffirmance
Said April 5, 1983 Agreement, entitled "PROJECT AGREEMENT COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM" except as herein-above amended shall remain in full force and
effect.
COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR
By: `� By: -
Chairman, Board of Supervisors signate Official Capacity
in Organization)
ATTEST:, J. R. OLSSON, County Clerk
V
By: By: —Vice Mayor
Deputy (Designate Official Capacity
in Organization)
Recommend d by Department
Note to Contractor:
(1) If a public agency, designate official
By: capacity in public agency and attach a certi-
esi e, A y A. Dehaesus fied copy of the governing body resolution
Dire for o lanning 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: By lia7e1 .R. Nelson%4I_1/j
eputy Notary Public
(Affix Appropriate Acknowledgement Form) Dated: February 23, 1984
( OFFICIAL SEAL
HAZEL R. NELSON
aotury FMC=MOW
COWTRA COSTA COUtM
My Commi um Expm MW&M
RESOLUTION NO. 28-84
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 The Hotel which
provides for the allocation of $70,000 for exterior
improvements and public improvements.
SECTION II. The Mayor 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.
SECTION IV. The City Council hereby accepts its role as loan gaurantor
under this amended Project Agreement.
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 15thday of February, 1984, by the following vote:
AYES: Councilmembers Dothee, Feyh, Patrick, Radke and Mayor Schaefer.
NOES: None.
ABSENT: None.
NOT VOTING: None.
Lawrence J. Kowalski, i y C1 k
City of Martinez
I
ro: BOARD OF SARVISORS
FROM: Anthony A. Dehaesus
Contra
Director of Planning Costa
DATE: February 27, 1984 County
SUBJECT: Approval of Amendment to the Ninth Year (1983-84) Community Development Block
Grant Program (CDBG) Agreement and Reallocation of Funds; City of Martinez
(Original Agreement Executed on July 14, 1983).
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Authorize the Chairman to execute the amended contract with the City of Martinez
increasing the payment limit by $70,000 from $53,390.93 to $123,390.93 to provide financial
assistance for the Martinez Hotel project; and
2. Approve the reallocation of $70,000 from the Community Development Block Grant
Contingency Fund to the Hotel project.
BACKGROUND
The City of Martinez requested $70,000 funding for the "River House" (The Hotel) from the
economic development contingency fund in order to complete' needed exterior and public
improvements to the building. These improvements are part/'of the downtown revitalization
program and the Hotel renovation will serve as the anchor for the western sphere of downtown
Martinez. The renovation work will create refurbished store fronts which will yield as many as
15 jobs.
CONTINUED ON ATTACHMENT: YES SIGNATURE,///:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECO MENDATIIf OF BARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) �wo L� �
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 Department ATTESTED
County Administrator J.R. OLSSON, COUNTY CLERK
Auditor-Controller AND EX OFFICIO CLERK OF THE BOARD
County Counsel
Contractor
M382/7•83 1 f BY DEPUTY
TO*' BOARD OF SUAVISORS •
/ROM: Anthony A. Dehaesus Contra
Director of Planning Costa
DATE: February 21, 1984 County
Loan of Community Development Block Grant & Housing AuthoRtveserve Funds to
SUBJECT: the "Martinez Senior Citizen Apartments, A Limitied Partnership" for Rehabilitation
of the Martinez Senior Citizen Apartments
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
Recommendations:
1. Find that, pursuant to the California Government Code, the Martinez Senior Citizen Apartments
will serve the social needs and assist in promoting the general welfare of the County's Senior
Citizens;
2. Authorize the Chairman of the Board or the County Administrator to execute a Project
Agreement & Work Program dated as of February 15, 1984, in substantially the form presented
before the Board between the County of Contra Costa and the "Martinez Senior Citizen
Apartments, A Limited Partnership";
3. Pursuant to approval action on December 13, 1983 of the Board of Supervisors, acting as the
Housing Authority Board of Commissioners, accept funds on behalf of the County as provided by
the Housing Authority and approve the use of the Housing Authority funds as 50% of a loan of
$325,000 as described and included in the Community Development Project Agreement between
the County and the "Martinez Senior Citizen Apartments, A Limited Partnership';
4. Authorize the Chairman, County Administrator, Planning Director, and/or Executive Director of
the County Housing Authority to execute necessary documents related to the loan, including, but
not limited to, the Note & Deed of Trust;
5. Approve an Agreement for loan in substantially the form as presented between the County, the
County Housing Authority, and Martinez Senior Citizen Apartments, a Limited Partnership, and
authorizing the Chairman and Executive Director of the Housing Authority to execute said
documents; and
6. Authorize the County Auditor to be the servicing agent for said loan of Community Development
Block Grant and Housing Authority Reserve Funds and instruct the Auditor's office to disburse
back to the lending programs referenced above, all loan repayments on a 50-50 basis.
Background:
On December 13, the Board of Supervisors, acting as the Board of Commissioners of the Housing
Authority, approved a loan of Housing Authority reserves in an amount not to exceed $162,500 to
Goldrich, Kest & Associates for the rehabilitation of the Martinez Senior Citizen Apartments (Muir
California). On December 20, the Board approved a like amount of Community Development Block
Grant funds for the same purpose. The purpose of the recommended actions is to get approval for
execution of the various agreements and documents necessary to consumate the loan. "Martinez
Senior Citizen Apartments, A Limited Partnership" and the California Hou ing Finance Agency desire
to achieve loan closing on the CHFA loan on February 28. The County loan eeds to be in a position to
close simultaneously with the CHFA loan on that date, they fore this i m should be carried to the
Board for their consideration as an extra item on February 21
CONIMLMD 91(i ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR R M END TION OF BOARD COMM EE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON 9 e 7 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
—L 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 O//NN THE DATE SHOWN. pp//
CC: County Administrator ATTESTED _ ?iC l/Lf.[ d lass.- o2/1
Auditor-Controller J.R. OLSSON, CO NTY CLERK
Planning AND EX OFFICIO CLERK OF THE BOARD
Contractor
M382/7-83 BY _.. (� DEPUTY
ro Ipar, CA (7-82) rr TITLE INSURANCE
(Partnership) J AND TRUST
STATE OF CALIFORNIA ATI(OR COMPAW
COUNTY OF C.QwTRAG�STAfI SS'
On meeup& 23�ic?64 before me, the undersigned, a Notary Public in and for
said State, personally appeared Q.G -h-"illlee_
Y
1 a
I z personally, known to me or
I,� proved to me on the basis of satisfactory evidence to be
''� the person who executed the within instrument as
2N3 — of the partners of the partnership
that executed the within instrument, and acknowledged OFFICIAL SEAL
II to me that such partnership executed the same. o ALAN KABAKER
WITNESS my hand and official seal. NOTARY PUBLIC -ANGELES COUNTY
My comm. expires OCT 14,CALIFORNIA]1987
Signature
(This area for official notarial seal)
l 0 0
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Dated as of February 15, 1984
. ., Number: 9-3
1. Agreement Identification.
Department: County Planning Department
Subject: Allocation (Loan) of Federal funding under Title I of the Housing
and Community Development Act of 1974, as amended, and
Housing Authority Reserve Funds.
2. Parties.
The County of Contra Costa, California (County), for its Department named above,
and the following named Contractor mutually agree and promise as follows:
Contractor: Martinez Senior Citizen Apartments, A Limited
Partnership
c/o Goldrich, Kest & Associates
Address: 15233 Ventura Blvd.
. 816 Union Bank Plaza
Sherman Oaks, CA 91403
3. Term.
The effective date of this Agreement is January 1, 1984 and it terminates
September 30, 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
$ 325,000 .
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 April 5, 1_983, and approved by HUD on February 1, 1983
and as more particularly described escribed in the "Project Work Program", attached hereto.
a
9. Signatures.
These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR
By: , Cil. By: g S ,�s�
Chairman, Board of Supervisors A .t�jPALR �
ATTEST: J. R. OLSSON, County Clerk
l/ By.
By: � .
eputy Note to Contractor:
Recomme9ded by Dep tment (1) If a public agency, designate official
capacity in public agency and attach a certi-
fied copy of the .governing body resolution
Y
: authorizing execution of this agreement.
An o A. De esus (2) All others: Execute acknowledgment
form above, and if a corporation, designate
orm Approved: County Counsel official capacity in business, execute acknow-
ledgment form and affix corporation seal.
By:v__
Deputy
Page 2
EXHIBIT A
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT PROGRAM 1983-1984
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
Martinez Senior Citizen Apartments is a 100-unit development privately owned by Martinez
Senior Citizen Apartments, A Limited Partnership. The project is located at 90 F Street in
the City of Martinez. The rehabilitation and purchase of the project is being predominantly
financed by the California Housing Finance Agency. A commitment of HUD Section 8
Moderate Rehabilitation rent subsidy payments are in place and will assure affordability to
lower income seniors for at least 15 years. The assistance provided pursuant to this
agreement shall be in the form of a loan as herein described.
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
Rehabilitation Work March 1, 1984 August 31, 1984
Closing of Permanent Loans August 1984
C. PROJECT GOALS
Contractor shall define project objectives. Project goals will vary depending upon the type
of project.
Complete Rehabilitation and initiate occupancy of 100 units of housing for senior citizens by
August 31, 1984.
Page 3
PROJECT WORK PROGRAM
D. PERFORMANCE STANDARDS
Contractor should indicate, where applicable, what performance standards (details of
project implementation will be applied in implementing the Work Program.
1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD
regulations including Equal Opportunity and Section 3 provisions, as provided in 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 Acces-
sible 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. Loan Terms: a) The loan by the County shall be in an amount not to exceed $325,000.
Fifty percent of said loan amount shall be provided by the Contra Costa County
Housing Authority & fifty percent shall be provided by the County through the
Community Development Block Grant funds; b) the loan shall be secured by a second
deed of trust on the property. A note and deed of trust in a form acceptable to the
County shall be executed and recorded; c) the interest rate shall be at a rate of
5 3/4% per annum; e) the loan term is fifteen (15) years. The monthly loan payments
shall be based on an amortization schedule of 30 years. For the first two years (24
months) the payment due shall be interest only. Beginning in the third year (the 25th
monthly payment) the loan payments shall include principal and interest. At the end
of the fifteenth year (180 months) the entire unpaid balance of principal and interest
shall be due and payable; f) loan payments shall be made payable to the County of
Contra Costa, and sent to: Contra Costa County, c/o Auditor-Controller, Central
Collections, Accounts Receivable, 625 Court Street, Martinez, CA 94553.
11. The contractor shall comply with the additional terms and conditions as set forth in
the Agreement for Loan, included as Attachment A.
E• PROJECT ADMINISTRATION
Contractor should indicate who will be responsible for administering the Work Program.
Robert Hirsch, Partner
Emanuel Aftergut
Goldrich, Kest & Associates
15233 Ventura Blvd.
816 Union Bank Plaza
Sherman Oak, CA 91403
(213) 981-5233 (213) 872-1741
Page 4 • •
PROJECT WORK PROGRAM
F. BUDGET OF ESTIMATED PROGRAM EXPENDITURES
1. Contractor shall provide services under this Contract in accordance with the following budget
of allowable expenditures-
Line
No. PROGRAM ACTIVITY AMOUNT
I. ACQUISITION OR REAL PROPERTY.
3. PUBLIC FACILITIES AND IMPROVEMENTS
a. Senior Centers.
b. Parks, Playgrounds and Other Recreational Facilties.
c. Centers for Handicapped.
d. Neighborhoods Facilities.
i. Street improvements. 6
j. Water and Sewer Facilities
n. Specially Authorized Public Facilities and Improvements (list)
5. PUBLIC SERVICES
10. REMOVAL OF ARCHITECTURAL BARRIERS
12. REHABILITATION AND PRESERVATION ACTIVITIES
a. Rehabilitation of Public Residential Structures.
b. Public Housing Modernization.
c. Rehabilitation of Private Properties. $325,000*
d. Code Enforcement.
e. Historic Preservation.
14. SPECIAL ACTIVITIES BY LOCAL DEVELOPMENT CORPORATIONS, ETC. (LIST)
17. GENERAL ADMINISTRATION
a. General Management, Oversight and Coordination
b. Indirect Costs (allowable if charged pursuant to a cost allocation plan).
c. Citizen Participation.
d. Environmental Studies Necessary to Comply with Environmental Regulations.
e. Other
Fair Housing and Counseling
Housing Assistance Plan Implementation
TOTAL CONTRACT AMOUNT $3251000*
G. 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 appli-
cable, 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 an progress reports on work
performed by sub-contractors.
* Includes $162,500 in funds from the Community Development Program and $162,500
in County Housing Authority funds approved for this use by the Housing Authority Board
of Commissioners and the Board of Supervisors.
Page 5
PROJECT WORK PROGRAM
G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE
CONTRACTOR: ACTIVITY NUMBER: 9-3
BUDGET PERIOD:
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total -$
Rehabilitation Work as '
described in Attachment A $1629500 $1629500* $325,000
* For purposes of this Agreement, the contract amount is $325,000, comprised of equal
amounts ($162,500) from the County Community Development Block Grant Program,
and County Housing Authority Funds approved for this use and provided to and
accepted by the County for inclusion in this contract.
e
TOTAL $1629500 $1629500 $3252000
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.
AGREEMENT FOR LOAN
This agreement made and entered into this day of
February, 1984, by and between MARTINEZ SENIOR CITIZEN APARTMENTS, a limited
partnership, hereinafter referred to as "borrower", and the HOUSING AUTHORITY OF
THE COUNTY OF CONTRA COSTA, and the COUNTY OF CONTRA COSTA, hereinafter referred
to as "lenders";
WHEREAS, borrower desires to borrow the sum of Three Hundred Twenty-
five Thousand Dollars ($325,000.00) ; and
WHEREAS, lenders on an equal basis shall share in providing the
desired amount of the loan; and
WHEREAS, a1l. parties are interested in the development and completion
of the MARTINEZ SENIOR CITIZEN APARTMENTS:
NOW, THEREFORE, BE IT AGREED AS FOLLOWS:
1. Lenders agree to advance and loan to borrower the sum of Three
Hundred Twenty-five Thousand Dollars ($325,000.00) , or such lesser amount pur-
suant to Section 4, upon the terms and conditions set forth herein, and in the
promissory note and second deed of trust to be entered into simultaneously
herewith.
2. Borrower agrees to accept the funds and the terms and conditions
of the loan as described above and hereinafter set forth and to repay said loan
in accordance therewith.
3. Borrower further agrees to complete and make ready for occupancy
the said MARTINEZ SENIOR CITIZENS APARTMENTS in accordance with the conditions
of the CALIFORNIA HOUSING FINANCE AGENCY, the SECTION 8 MODERATE REHABILITATION
PROGRAM, and comply with requirements for the CONTRA COSTA COUNTY COPMUNITY
DEVELOPMENT BLOCK GRANT program.
4. The Lenders' loan funds are to provide only for the financial gap
financing for the MARTINEZ SENIOR CITIZEN APARTMENTS rehabilitation project.
If there are any �cost• savings in the financing and rehabilitation
costs, these savings will be shared on a dollar-by-dollar matching basis with
Lenders. In other words, the Borrower's cash investment of $308,000.00 in the
MARTINEZ SENIOR CITIZENS APARTMENTS is not to be reduced unless there is a
dollar-for-dollar reduction in the Lenders' loan amount.
5. Borrower is to provide cost certification documents to the
Lenders upon the completion of the rehabilitation work.
6. Lenders are to be advised by Borrower on any proposed change
orders regarding the MARTINEZ SENIOR CITIZEN APARTMENTS rehabilitation work
before they are done. Final approval of change orders to be determined by
California Housing Finance Agency.
7. The rehabilitation work must meet all City of Martinez building
codes and permits, as well as meet all HUD Section 8 Moderate Rehabilitation
Housing Quality Standards.
8. The Lenders' staffs will have the right to make periodic inspec-
tions of the rehabilitation work of Borrower.
9. The rehabilitation work to be completed on the MARTINEZ SENIOR
CITIZEN APARTMENTS is as outlined in the attached Exhibit "C".
10. The MARTINEZ SENIOR CITIZEN APARTMENTS is to remain a senior
citizens housing development after the expiration of the 15-year Section 8
Moderate Rehabilitation contract.
11. If a subsidy program is available when the 15-year HUD commitment
for the MARTINEZ SENIOR CITIZEN APARTMENTS expires, Borrower will use their
best efforts to qualify the project, or at least 20% of the project, under such
a subsidy program.
-2-
12. If a subsidy program is unavailable to the project, MARTINEZ
SENIOR CITIZENS APARTMENTS will use their best efforts to structure a rent sche-
dule which will render at least, 20% of the MARTINEZ SENIOR CITIZEN APARTMENTS
h
affordable to senior citizens for an additional five-year period.
IN WITNESS WHEREOF, the parties have set their hands and seals the day
and year first hereinabove set forth.
BORROWER: LENDERS:
MARTINEZ SENIOR CITI NS APARTMENTS HOUSING AUTHORITY OF THE COUNTY OF
CONTRA COSTA
By seA1 Part S Bye(
Chairman
By - _
Partner By ,k� �,�
Secretary
COUNTY OF CONTRA/COSTA
By
Chairman of the Board of
Supervisors
By
Secretary
-3-
Y EXHIBIT „C^.... •
COST ESTIMATE FOR PROPOSED REHABILITATION OF December 7, 1983
MARTINEZ SENIOR CITIZEN APARTMENTS
88 ONE-BEDROOM UNITS
12 TWO-BEDRODM UNITS
36 OPEN PARKING SPACES
71.575 SQUARE FEET OF BUILDING AREA
1. Aluminum Windows f 6,000
2. Cabinets 10,000
3. Carpentry Rough 20,000
A. Carpentry Finish - 30,000
5. Ceramic Tile 25,000
6. Clean-up Rough 5,000
7. Clean-up Finish 10,000
B. Carpet 70,000
9. Doors - Trim 5,000
10. Drapes 6,000
11. Drywall 20,000
12. Electrical 701000
13. Elevator 40,000
14. Fire Extinguishers 1,500
15. Fire Sprinkler System 10,000
16. Formica Tops 20,000
17. Glass Storefront 6,000
18. Heating 90,000
19. Intercom 30,000
20. Lumber 10,000
21. Mirrors and Accessories 7,000
22. Painting 55,000
23. Plumbing 50,000
24. Kitchen Equipment 74,000
25. Disposals 6,000
26. Resilient Flooring 16,000
27. Roofing 3,000
28. Sheet Metal and Ventilation 35,000
29. Tub/Shower Doors 1,500
30. Signs 2,500
31. Steel Railings 2,500
32. Special Equipment 10,000
33. Specialties 5,000
34. Toilet Partitions 1,000
35. Wardrobe Doors 5,000
36. Wood Flooring 5,000
37. Curbs and Gutters 10,000
38. Electrical - Grounds 5,000
39. Fences 10,000
40. Temporary Toilets and Sheds 1,500
41. Flat Work 10,000
42. Grading 10,000
43. Landscape 19,155
44. Irrigation 39,000
45. Paving 5,000
46. Plumbing 1,000
47. Outdoor Equipment 4,000
48. Sewers 1,000
49. Storm Drains 2,000
50. Soils Engineer 3,000
51. Civil Engineer 5,000
52. Temporary Fencing 1,000
53. Equipment Rental 2,000
54. Temporary Power, Water h Heat 3,000
55. Construction Office, Phone h Supplies 3,000
56. Labor and Security 6,000
57. Supervision 20,000
58. Site Architect 2,000
59. Offsite Grading and Paving 40,000
60. Offsite Storm Drain 100,000
61. City Fees 1,000
62. Sewer Fees 35,700
63. Water Fees 30,000
64. Lateral Hookup Fees 600
65. Telephone 2,000
66. Equalization Fees 35,000
67. Annexation Fees 2,500
68. Misc. and Contingency, including Smoke Detectors 100,000
GRAND TOTAL .................. $1,272,455
CERTIFICATIONS
1. 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/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;
(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;
r • •
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:
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.
(e) 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 fails 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
r/F-'R
O: BOARD OF SUPESISORS •
OM: • Anthony A. Dehaesus Contra
Director of Planning Costa
DATE: January 13, 1984 County
SUBJECT: Approval of the Ninth Year (1983,:84) Community Development
Block Grant (CDBG) Agreement withthe City of Antioch
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1 . That the Chairman of the Board of Supervisors be authorized to execute the Ninth
Year (1983-84) CDBG Program Project agreement with the City of Antioch implementing
activity #28 - Economic Development with a payment limit of $30,000.
BACKGROUND
1 . This is an ongoing project that was first funded and approved by the Board on
November 12, 1980. This project has been providing economic assistance to
qualified applicants to stimulate business and create jobs through the use of
CD funds to leverage private and SBA loans. The Antioch Economic and Development
Corporation (AEDC) who has been providing the staffing for this project approached
County staff relative to providing additional funding for this project in the
amount of $30,000. This was approved by the Board on November 29, 1983.
�.r
CONTINUED ON ATTACHMENT: YES SIGNAT E:'
X RECOMMENDATION OF COUNTY ADMINISTRATOR REC M NDATI OF BOARD MMITTEE
APPROVE OTHER
SIGNATURE(S) Z
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.
7
cc: Planning Department ATTESTED o�
County Administrator J.OLSSON, COUN Y CLERC
County Counsel AND EX OFFICIO CLERK OF THE BOARD
Auditor-Controller
Contractor
M382/7-83 BY DEPUTY
ti
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 28
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: P. O. Box 130
Antioch, CA 94509
3. Term.
The effective date of this Agreement is November 29, 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
$30,000 .
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: / °' / l�Wr�/ l By: t^fof0k
Chairman, Board of Supervisors (Designate Off icidl Capacity
ATTEST: J. R. OLSSON,�County Clerk in Organization)
By: �7����e By:
Deputy Designate Official Capacity
in Organization)
Recomme ed by De artment
Note to Contractor:
a3' (1) If a public agency, designate official
By, capacity in public agency and attach a certi-
A horsy A. ehaesus fied copy of the governing body resolution
authorizing execution of this agreement.
rm Approved: unty Counsel (2) All others: Execute acknowledgment
form above, and if a corporation, designate
,r,,,, ' official capacity in business, execute acknow-
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
28. Economic Development: This project will provide economic assistance to qualified
applicants to stimulate business and create jobs through the use of CD funds to leverage
private and SBA loans. At no time will this project conflict with or duplicate the efforts of
Pacific Community Services, Inc.
B. PROJECT TIME SCHEDULE
Time Schedule on a month-by-month basis for the above -Project indicating when major
activity items are expected to be undertaken and completed.
Work Item Start Date Completion Date
Economic Development Dec. 1, 1983 March. 31, 1984
C. PROJECT GOALS
Contractor shall define project objectives.
T'he maintenance of existing jobs which wouldotherwise be lost'and the creation
of new job opportunities targeted to low/moderate income people.
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 Complaince Guide cited.
6. All construction contracts over $100,000 shall be in compliance with the bonding and
insurance requirements contained in OMB A-102 Attachment B, and with the require-
ments of the Clear Air Act and Federal Water Pollution Control Act.
7. Comply with all applicable building codes and laws in the construction work and ensure
that access to the handicapped will be provided in accordance with the requirements
of the "American Standard Specifications for Making Buildings and Facilities 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 contractor shall not incur costs under this contract until a contract for the State
Farmworker Housing Grant matching funds has been approved and executed.
11. 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.
12. 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.
The use of CDBG funds in this agreement are contingent upon prior approval of all economic
development projects; that assurance is given that benefits will accrue to low and moderate
income people; and there will be no duplication of or conflicts with the services and efforts
provided by Pacific Community Services, Inc., under the SBA 503 program. .
Page 4
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 (778-3491)
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 Antioch ACTIVITY NUMBER: 28
P. O. Box 130
Antioch, CA 94509
BUDGET PERIOD: November 29, 1983-March 31,1984
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total -$
28. Economic Development $30,000 -0- $30,000 _
- Salary
- Fringes
- Loans
- Misc.
(e)
TOTAL $30,000 -0- $302000
Notes: (a) Detailed categories pursuant to OMB A-102.
(b) Items are eligible to be funded by CDBG funds.
(c) Estimate of other necessary expenditures that cannot be funded with CD
monies; and indication of anticipated sources.
(d) Sum of (b) and (c) above including both Community Development and non-
community Development funds.
(e) Contract Payment Limit for CD project.
CERTIFICATIONS
I. The grantee/contractor hereby assures and certifies that it will comply with the
regulations, policies, guidelines and requirements with respect to the acceptance and use
of Federal funds for this federally-assisted program. Also the grantee/contractor gives
assurances and certifies with respect to the grant in-so-much as they are applicable, that:
(a) It possesses legal authority to make a grant submission and to execute a community
development and housing program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion
or similar action authorizing the person identified as the official representative of
the grantee to submit the final statement, all understandings and assurances
contained therein, and directing and authorizing the person identified as the official
representative of the grantee to act in connection with the submission of the final
statement and to provide such additional information as may be required.
(c) That prior to submission of its final statement to HUD, the grantee/contractor has
met the citizen participation requirements, prepared its final statement of com-
munity development objectives. and projected use of funds, and made the final
statement available to the public, as required by Section 104(a)(2) of the Housing and
Community Development Act of 1974, as amended;
(d) It is following a current housing assistance plan which has been approved by HUD and
which meets the requirements of Section Section 104(a)(2) of the Housing and
Community Development Act of 1974, as amended;
(e) It has developed its final statement of projected use of funds so as to give maximum
feasible priority to activities which benefit low- and moderate-income families or aid
in the prevention or elimination of slums or blight; the final statement of projected
use of funds may also include activities which the grantee/contractor certifies are
designed to meet other community development needs having a particular urgency
because existing conditions pose a serious threat to the health and welfare of the
community, and other financial resources are not available;
(f) Its chief executive officer or other officer of the grantee/contractor approved by
HUD:
(1) Consents to assume the status of a responsible Federal official under the
National Environmental Policy Act of 1969 and other authorities as specified in
24 CFR 58.5; and
(2) Is authorized and consents on behalf of the grantee/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;
(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;
Ill. The relocation requirements of Title II and the acquisition requirements of Title III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and
the implementing regulations at 24 CFR Part 42;
IV. The acquisition requirements of Title III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR
Part 42;
V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD
regulations issued to implement such requirements;
VI. Executive order 11988 relating to the evaluation of flood hazards and Executive Order
11288 relating to the prevention, control, and abatement of water pollution. The flood
insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of
1973 (Pub.1.93-234); and
VII. No member, officer or employee of the grantee/contractor, or its designees or agents, no
member of the governing body of the locality in which the program is situated, and no
other public official of such locality or localities who exercises any functions or
responsibilities with respect to the program during his/her tenure or for one year
thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or
the process thereof, for work to be performed in connection with the program assisted
under the Grant, and that is shall incorporate, or cause to be incorporated, in all such
contracts or subcontracts a provision prohibiting such interest pursuant to the purposes
of this certification;
VIII. It will comply with the provisions of the Hatch Act which limits the political activity of
employees;
IX. It will give HUD and the Comptroller General or any authorized representatives access to
and the right to examine all records, books, papers, or documents related to the grant;
X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to
the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.).
Revised 12/23/82 +. -
GENERAL CONDITIONS
1. Compliance with Law. Contractor shall be subject to and comply with all
Federal, State and local laws and regulations applicable to public agencies with respect to
its performance hereunder, including but not limited to Federal regulations, guidelines,
bulletins, and circulars pursuant to Title I of the Housing and Community Development Act
of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as
published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may
be revised and amended; and which are incorporated herein by reference. Documentation of
such compliance shall be made available for review by the County upon request.
2. Inspection. Contractor's performance, place of business and records pertaining
to this Agreement are subject to monitoring, inspection, review and audit by authorized
representatives of the County, the State of California, and the United States Government.
3. Records. Contractor shall keep and make available for inspection by authorized
representatives of the County, the State of California, and the United States Government,
the Contractor's regular business records pertaining to this Agreement and such additional
records as may be required by the County.
4. Retention of Records. The Contractor and County agree to retain all documents
pertaining to this Agreement for three years from the date of submission of the Annual
Performance Report by the County to HUD, except as follows:
(a) Records that are the subject of audit findings shall be retained for three
years after such findings have been resolved.
(b) Recored for nonexpendable property which was acquired with Federal grant
funds shall be retained for three years after its final disposition.
(c) Records for any displaced person shall be retained for three years after he
has received final payment.
.5. Termination.
(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:
_ r
(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) `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.
Page 4
21. Available Copies. Copies of the County's Project documents (as speci-
fied in Paragraph 3, 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. Pavment Adiustments. 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 . 84/1
i
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
1 WITH THE COUNTY OF CONTRA COSTA TO IMPLEMENT THE HOUSING AND
COMMUNITY DEVELOPMENT ACT OF 1974 AS AMENDED
a
i BE IT RESOLVED by the City Council of the City of
Antioch that :
1 . The Antioch City Council approved the 1983-84 Year
Community Development Block Grant Program Project Agreement
with the County of Contra Costa in the amount of $30, 000 to
implement the Housing and Community Development Act of 1974 as
amended ; and
i
2. The Antioch City Council approves the activities
and allocations in the 1983-84 Year Community Development
Block Grant Program Project Agreement as contained in the
document entitled Project Agreement - Community Develo ment
Block Grant Program on file n ffice of the CityClerk ;.
and
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 10th day of January ,
1984, by the following vote:
i
AYES : Council Members Fontana , Keller and Mayor Roberts .
I
i NOES : None .
I
ABSENT : Council Members Pierce and Catanzaro.
n
I Y CLERK F THE CITY OF . ANTIOCH
I
TO: BOARD OF SUPERVISORS
FROM: Anthony A. Dehaesus Contra
Director of Planning Costa
DATE: January 12, 1984 County
SUBJECT: Approval of the Ninth Year (1983-84) Community Development Block Grant
(CDBG) Program Project Agreement with the Pleasant Hill Recreation and Park Dist.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1 . The Board authorizes the Chairman to execute the Ninth Year (1983-84) Community
Development Program Project agreement with the Pleasant Hill Recreation and Park
District implementing activity #32 - Senior Center Parking Lot with a payment
limit of $5,000.00
BACKGROUND:
1 . The Pleasant Hill Recreation and Park District requested funding for parking lot
improvements adjoining the District's Senior Center. The Housing and Community
Development Advisory Committee, at their regular meeting on November 9, 1983,
approved an allocation of $5,000.00 for parking lot improvements. This allocation
was made subject to matching funds being provided from other sources. Subsequently
the District allocated $6,500.00 and the Senior Citizen Club allocated $7,500.00.
The Board of Supervisors approved the allocation of $5,000.00 from CDBG Contingency
funds for the parking lot expansion on November 29, 1983.
� J
CONTINUED ON ATTACHMENT: YES SIGNATUR
RECOMMENDATION OF COUNTY ADMINISTRATOR RE MM NDATIO OF ARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) ya
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 DAT//E//SHOWN.
cc: Planning ATTESTED
County Administrator J. OLSSON. COUNT T CLERK
Auditor-Controller AND EX OFFICIO CLERK OF THE BOARD
County Counsel
Contractor
M382/7-83 BY DEPUTY
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 32
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: Pleasant Hill Recreation and Park District
Address: 147 Gregory Lane
Pleasant Hill, CA 94523
3. Term.
The effective date of this Agreement is November 29, 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
$5,000 .
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 1-98-3, and approved by HUD
April on A ril 5�3; and as more particularly el d scribed in the "Project Work
Program", attached hereto.
9. Signatures.
These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA/COSTA CALIFORNIA CONTRACTOR
B TO�K_It ��2 B Y• 2��_ Y�
Chairman, Board of Supervisors (Designate Official apacity.
ATTEST: J. R. OLSSON, County Clerk in Organiz ion)
By: (Designate Official Capacity
eputy in Organon) n
Recommen d by Dep tment : �J
( Note to Contractor:
r (1) If •a public agency, designate official p
capacity in public agency and attach a certi-
By' fled copy of the governing body resolution
Ant ony . De sus
authorizing execution of this agreement.
orm Approved: C my 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) .
Page 2
EXHIBIT A
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT PROGRAM 1983-1984
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
32. Senior Center Parking Lot (CT 3230)
This project will add 22 additional parking spaces at the Pleasant Hill Senior Center located
at 233 Gregory Lane. The need for more parking space is due to increased senior citizen
participation. The majority of the funds will come from contributions and from the Pleasant
Hill Recreation and Park District.
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
Design/Engineering Dec. 1983 Dec. 1983
Bid/Award Jan. 1984 Feb. 1984
Construction April 1984 April 1984
C. PROJECT GOALS
Contractor shall define project objectives.
Complete expansion of parking lot through the addition of 22 additional parking spaces.
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
Compliance Guide cited.
5. All construction contracts over $10,000 shall be in compliance with bid procedures
contained in the Complaince Guide cited.
6. All construction contracts over $100,000 shall be in compliance with the bonding and
insurance requirements contained in OMB A-102 Attachment B, and with the require-
ments of the Clear Air Act and Federal Water Pollution Control Act.
7. Comply with all applicable building codes and laws in the construction work and ensure
that access to the handicapped will be provided in accordance with the requirements
of the "American Standard Specifications for Making Buildings and Facilities
Accessible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1971.
S. 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
$2,000 prior to the Contract being advertised to ensure that all appropriate require-
ments and provisions have been included.
E. PROJECT ADMINISTRATION
Contractor should indicate who will be responsible for administering the Work
Program.
Dick Miller
Pleasant Hill Recreation and Park District
147 Gregory Lane
Pleasant Hill, CA 94523
682-0896
Page 4
PROJECT WORK PROGRAM
F. PROGRAM MONITORING
1. Contractor's staff will meet at least once per quarter with appropriate County staff
and Housing and Community Development Advisory Committee representatives,
where applicable, to discuss progress of the Contractor toward achieving stated
work program objectives and to assist Contractor's staff in solving problems.
2. Contractor shall maintain and submit Quarterly Progress Reports to the County
Planning Department.
3. Contractor shall maintain and submit quarterly monitoring and progress reports on
work performed by sub-contractors.
G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE
CONTRACTOR: ACTIVITY NUMBER: 32
Pleasant Hill Recreation & Park District
147 Gregory Lane BUDGET PERIOD: November 29, 1983-March 31, 1984
Pleasant Hill, CA
(a) (b) (c) (d)
Budget Item CD Funds -.$ +Other Funds - $ =Total -$
32. Senior Center $59000 $131500* $189500
Parking Lot
*Private Contributions and Park District Funds
e
TOTAL $5,000 $13,500 $189500
Notes: (a) Detailed categories pursuant to OMB A-102.
(b) Items are eligible to be funded by CDBG funds.
(c) Estimate of other necessary expenditures that cannot be funded with CD
monies; and indication of anticipated sources.
(d) Sum of (b) and (c) above including both Community Development and non-
community Development funds.
(e) Contract Payment Limit for CD project.
CERTIFICATIONS
I. The grantee/contractor hereby assures and certifies that it will comply with the
regulations, policies, guidelines and requirements with respect to the acceptance and use
of Federal funds for this federally-assisted program. Also the grantee/contractor gives
assurances and certifies with respect to the grant in-so-much as they are applicable, that:
(a) It possesses legal authority to make a grant submission and to execute a community
development and housing program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion
or similar action authorizing the person identified as the official representative of
the grantee to submit the final statement, all understandings and assurances
contained therein, and directing and authorizing the person identified as the official
representative of the grantee to act in connection with the submission of the final
statement and to provide such additional information as may be required.
(c) That prior to submission of its final statement to HUD, the grantee/contractor has
met the citizen participation requirements, prepared its final statement of com-
munity development objectives and projected use of funds, and made the final
statement available to the public, as required by Section 104(a)(2) of the Housing and
Community Development Act of 1974, as amended;
(d) It is .following a current housing assistance plan which has been approved by HUD and
which meets the requirements of Section Section 104(a)(2) of the Housing and
Community Development Act of 1974, as amended;
(e) It has developed its final statement of projected use of funds so as to give maximum
feasible priority to activities which benefit low- and moderate-income families or aid
in the prevention or elimination of slums or blight; the final statement of projected
use of funds may also include activities which the grantee/contractor certifies are
designed to meet other community development needs having a particular urgency
because existing conditions pose a serious threat to the health and welfare of the
community, and other financial resources are not available;
(f) Its chief executive officer or other officer of the grantee/contractor approved by
HUD:
(1) Consents to assume the status of a responsible Federal official under the
National Environmental Policy Act of 1969 and other authorities as specified in
24 CFR 58.5; and
(2) Is authorized and consents on behalf of the grantee/contractor and himself/her-
self to accept the jurisdiction of the Federal courts for the purpose of
enforcement of his/her responsibilities as such an official;
II. The grant will be conducted and administered in compliance with:
(1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing
regulations issued at 24 CFR Part 1;
(2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that
the grantee will administer all programs and activities related to housing and
community development in a manner to affirmatively further fair housing;
(3) Section 109 of the Housing and Community Development Act of 1974, as
amended; and the regulations issued pursuant thereto;
(4) Section 3 of the Housing and Urban Development Act of 1968, as amended;
(5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and
implementing regulations issues at 41 CFR Chapter 60;
(6) Executive Order 11063, as amended by Executive Order 12259, and implementing
regulations at 24 CFR Part 107;
(7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and
implementing regulations when published for effect;
(8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple-
menting regulations when published for effect;
Certifications - Page 2
(9) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102,
Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal
funds under this federally-assisted program;
III. The relocation requirements of Title II and the acquisition requirements of Title III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and
the implementing regulations at 24 CFR Part 42;
IV. The acquisition requirements of Title III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR
Part 42;
V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD
regulations issued to implement such requirements;
VI. Executive order 11988 relating to the evaluation of flood hazards and Executive Order
11288 relating to the prevention, control, and abatement of water pollution. The flood
insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of
1973 (Pub.1.93-234); and
VII. No member, officer or employee of the grantee/contractor, or its designees or agents, no
member of the governing body of the locality in which the program is situated, and no
other public official of such locality or localities who exercises any functions or
responsibilities with respect to the program during his/her tenure or for one year
thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or
the process thereof, for work to be performed in connection with the program assisted
under the Grant, and that is shall incorporate, or cause to be incorporated, in all such
contracts or subcontracts a provision prohibiting such interest pursuant to the purposes
of this certification;
VIII. It will comply with the provisions of the Hatch Act which limits the political activity of
employees;
IX. It will give HUD and the Comptroller General or any authorized representatives access to
and the right to examine all records, books, papers, or documents related to the grant;
X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to
the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.).
Revised 12/23/82
GENERAL CONDITIONS
1. Compliance with Law. Contractor shall be subject to and comply with all
Federal, State and local laws and regulations applicable to public agencies with respect to
its performance hereunder, including but not limited to Federal regulations, guidelines,
bulletins, and circulars pursuant to Title I of the Housing and Community Development Act
of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as
published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may
be revised and amended; and which are incorporated herein by reference. Documentation of
such compliance shall be made available for review by the County upon request.
2. Inspection. Contractor's performance, place of business and records pertaining
to this Agreement are subject to monitoring, inspection, review and audit by authorized
representatives of the County, the State of California, and the United States Government.
3. Records. Contractor shall keep and make available for inspection by authorized
representatives of the County, the State of California, and the United States Government,
the Contractor's regular business records pertaining to this Agreement and such additional
records as may be required by the County.
4. Retention of Records. The Contractor and County agree to retain all documents
pertaining to this Agreement for three years from the date of submission of the Annual
Performance Report by the County to HUD, except as follows:
(a) Records that are the subject of audit findings shall be retained for three
years after such findings have been resolved.
(b) Recored for nonexpendable property which was acquired with Federal grant
funds shall be retained for three years after its final disposition.
(c) Records for any displaced person shall be retained for three years after he
has received final payment.
5. Termination.
(a) Failure to Perform. In the event the Contractor fails to perform properly
any of its obligations hereunder and such failure of performance is not cured by the
Contractor within thirty (30) days after receipt of written notice from the County, the
County may in addition to any other remedies, complete the Contractor's obligations in any
reasonable manner it chooses, take possession of any real or personal property associated
with the project, and construct, operate or maintain the project as the County may deem
necessary to fulfill requirements of the Federal Government. The Contractor agrees to
reimburse the County for any costs or expenses incurred by the County because of said
failure to perform and also agrees to convey title to any real property acquired by
Contractor with project funds should County request such title.
(b) Cessation of Funding. In the event the Federal funding for this Agreement
ceases, this Agreement is terminated.
(c) Failure by the Contractor to perform properly any of its obligations under
this Agreement may be cause for suspension of all obligations of the County thereunder.
6. Entire Agreement. This Agreement contains all the terms and conditions agreed
upon by the parties. Except as expressly provided herein and in the "COOPERATION
AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating
thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of
operating procedures and budgets required by this Agreement, including but not limited to
monitoring, auditing, billing or regulatory changes, may be developed and set forth in
written "Informal Agreements" entered between the Contractor and the County. Such
"Informal Agreements" when entered shall not be modifications to this Agreement except to
the extent that they further detail or clarify that which is already required hereunder.
Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this
Agreement, including any sums of money to be paid the Contractor as provided herein.
"Informal Agreements" may be approved for, and executed on behalf of the County by the
head of the County Department for which this Agreement is made or his designee.
Page 2 • •
8. Modifications and Amendments.
(a) General Agreements. This Agreement may be modified or amended only be
a written document executed by the Contractor and the Contra Costa County Board of
Supervisors, subject to any required State or Federal (United States) approval.
(b) Administrative Amendments. Subject to the Payment Limit, only the
Payment Provisions and the Project Work Program may be amended by a written ad-
ministrative amendment executed by the Contractor and the head of the County Depart-
ment for which this Agreement is made or his designee, subject to any required State of
Federal (United States) approval, provided that such administrative amendments may not
materially change the Payment Provisions or the Project Work Program.
(c) Extension of Term for Performance. Without requiring Contractor to
provide consideration in addition to that supporting this Agreement, the County of Contra
Costa, through its Planning Director, may grant Contractor an extension of time for
performance, beyond that time specified above under "Term" (Paragraph 3). Any such
extension must be in writing and shall be at the sole discretion of the County.
9. Disputes. Disagreements between the County and Contractor concerning the
meaining, requirements, or performance of this Agreement shall be subject to final
determination in writing by the head of the County Department for which this Agreement is
made or his designee or in accordance with the applicable procedures (if any) required by the
Federal Government.
10. Law Governing Agreement. This Agreement is made in Contra Costa County and
shall be governed and construed in accordance with the law of the State of California.
11. Conformance with Federal and State Regulations. Should Federal or State
regulations touching upon this Agreement be adopted or revised during the term hereof, this
Agreement is subject to modification to assure conformance with such Federal or State
requirements.
12. No Waiver by County. Subject to the disputes provision contained herein,
inspections or approvals, or statements by any officer, agent or employee of the County
indicating the Contractor's performance or any part thereof complies with the requirements
of this Agreement, or acceptance of the whole or any part of said performance, or payments
therefor, or any combination of these acts, shall not relieve the Contractor's obligation to
fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing
any action for damages or enforcement arising from any failure to comply with any of the
terms and conditions thereof.
13. Original Agreement. The original copy of this Agreement and of any modifi-
cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa
County.
15. Independent Contractor Status. This Agreement is by and between two indepen-
dent contractors and is not intended to and shall not be construed to create the relationship
of agent, servant, employee, partnership, joint venture or association.
16. Conflicts of Interest. Contractor agrees to furnish to the'County upon demand a
valid copy of the most recently adopted bylaws of any Corporation and also a complete and
accurate list of the governing body (Board of Directors or Trustees) and to timely update
said bylaws or the list of its governing body as changes in such governance occur, if
contractor is a corporation. Contractor promises and attests that the Contractor and any
members of its governing body shall avoid any actual or potential conflicts of interest and
will establish safeguards pursuant to Paragraph 12 of the attached "Assurances".
Page 3 • •
17. Confidentiality. Contractor agrees to comply and to require his employees to
comply wit 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.
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 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
PLEASANT HILL RECREATION & PARK DISTRICT
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
BOARD OF DIRECTORS
IN THE MATTER OF RESOLUTION 83-12-22A
EXECUTING A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT AGREEMENT
THE PLEASANT HILL RECREATION & PARK DISTRICT BOARD OF
DIRECTORS DOES FIND:
THAT $5 ,000 has been granted for the Senior Citizen
Center parking lot extension from the Community Development Block
Grant Program; and
THAT the District has agreed to allocate $6 ,500 , and
the Senior Citizen Club $7 , 500 to the project.
THEREFORE BE IT RESOLVED THAT the Board of Directors
of the Pleasant Hill Recreation & Park District does hereby enter
into project agreement, Community Development Block Grant Program,
number 32, and that the Board Chairman is authorized to sign said
agreement.
PASSED AND ADOPTED on December 22 , 1983 by the following
vote :
AYES NOES ABSENT
June Bystrom Lowell Weight
Richard Maksel
A. Thomas McHale
Karen. Morrell
C / J
A. Thomas McHalle, Chairman
I hereby certify that the foregoing resolution was approved by
the vote indicated herein above at the regular meeting of the
Board of Directors on December 22 , 1983.
E.H. Winslow, Clerk of the Board
'TOo I BOARD OF SUP&ISORS ✓�
Contra
FROM: Anthony A. Dehaesus Costa
Director of Planning
DATE: January 6, 1984 @ County
SUBJECT: Approval of the Ninth Year (1983-84) Community Development Block Grant
Program Agreement with the Contra Costa Legal Services Foundation
SPECIFIC REQUESTS) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. Authorize approval of the Ninth Year (1983-84) Community Development Program
Project Agreement with the Contra Costa Legal Services Foundation with a payment
limit of $20,000.
BACKGROUND
1. The Contra Costa Legal Services Foundation provides housing counseling services,
workshops for community groups as well as coordinating referrals and handling
individual cases for low and moderate income residents of the County. This is a
continuation of the previous years project and was approved by HUD on April 5, 1983.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
X RECOMMENDATION OF COUNTY ADMINISTRATOR RE M EN TION F BOARD COM TTEE
k APPROVE OTHER
SIGNATURE(S)
i
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 Department ATTESTED /Z //U
County Administrator J.R. O SON, COUNTY CLERI
County Auditor—Controller AND EX OFFICIO CLERK OF THE BOARD
County Counsel
Contractor/via PLanning BY G DEPUTY
M382/7-83 if
STATE OF CALIFORNIA On this Sit ss day of December in the year
COUNTYOF CONTRA COSTA Nineteen Hundred and Eighty Three before me
ROSE MARIE LOVATO a Notary Public, State of California,
duly commissioned and sworn,personally appeared
Paula Gorelick and Mark. Goldowitz
personally known to meAm
IifFbDXdCd4Mbiifl&:DFik�9s�GLFtb}tjse4Ycg)
to be the President & Executive Dir. of the corporation
that executed the within instrument, and also known to me to be the
OFFICIAL SEAL S
HOSE MARIE L011ATO Person who executed the within instrument on behalf of the corpora-
NOTARY PUBLIC-CALIFORNIA tion therein named, and acknowledged to me that such corporation executed
Principal Office in Contra Costa County the same PRC�717C!' AGRER&'N`P
My Commission Expires Aug.14,1987
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal ' e it Of Richmond County of ntra Costa
1119 doassm isortly a gerierei form which maybe proper for us¢in simple on the to set fort abov I 1S •tiff ca te.
trema home end in no way acb,m is Imsntlotl to W,as;a substitute for the
addoe of sn aflumey.The publisher doss not make arty womanly either eAXM or implieo s to
the bW vaww of ary mvision or the suilebiky of these farms In arty specMc treneacaon.
Notary Public, State of California
Cowdery's Form No.28—Acknowledgement Aug. 4 1967
to Notary Public—Corporation(C.C.Secs. 1190-1190.1) My commission expires g'
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 9
1. Agreement Identification.
Department: County Planning Department
Subject: Allocation of Federal funding under Title I of the Housing.and
Community Development Act of 1974, as amended.
2. Parties.
The County of Contra Costa, California (County), for its Department named above,
and the following named Contractor mutually agree and promise as follows:
Contractor: Contra Costa Legal Services Foundation
Address: 1017 MacDonald Avenue
Richmond, CA 94802
3. Term.
The effective date of this Agreement is July 1, 1983 and it terminates March 31,
1984,unless sooner terminated as provided herein,subject to all terms,conditions,and
assurances contained or incorporated herein.
4. Allocation Payment Limit.
County's total payments to Contractor under this Agreement shall not exceed
$20,000.
5. County's Obligations.
County shall make those allocation payments to the contractor described in the
"Payment Provisions" attached hereto which are incorporated herein by reference,
subject to all terms, conditions, and assurances contained or incorporated herein.
6. General Conditions and Assurances.
This Agreement is subject to the "General Conditions" and the "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: /0,44 !tet• /�'� � "�
By: i
Chairman, Board of Supervisors (DesignaA Official Capacity PREVPW1�
ATTEST: J. R. OLSSON, County Clerk in 0 ganization) c '- 0
By: By:
Deputy (Designate Official Capacity
in Organization) &%Ec`'nuf� D'Qc-tT69>
Recommend d by Dep tment r«SG
Note to Contractor:
(1) If a public agency, designate official
gy capacity in public agency and attach a certi-
nt ony A. aesus fied copy of the governing body resolution
authorizing execution of this agreement.
rm Approved: C unty Counsel (2) All others: Execute acknowledgment
form above, and if a corporation, designate
s '-r official capacity in business, execute acknow-
By: ledgment form and affix corporation seal.
Deputy
r (Affix Appropriate
Acknowledgement Form)
Page 2
EXHIBIT A
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT PROGRAM 1983-1984
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
Contra Costa Legal Services Foundation will conduct and handle impact litigation and
projects designed to maintain or increase housing opportunities in the County for low and
moderate income people. Legal education workshops will be conducted for groups and
agencies concerned with housing. Referrals will be coordinated with the Housing Alliance,
Pacific Community Services, Inc., Carquinez Coalition, United Council of Spanish Speaking
Organizations, and other agencies and community groups. Handle individual housing cases
for low and moderate income residents of the County. As a direct result of the interaction
described above, Legal Services will be an active participant in a network advocating for,
establishing and maintaining county-wide affordable housing dedicated to increasing cooper-
ation among interested groups promoting the supply of decent, safe and affordable housing.
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
Impact Litigation 10-1-83 3-31-84
Community Workshops/Education 4-1-83 3-31-84
Referral Coordination 4-1-83 3-31-84
Individual Cases 4-1-83 3-31-84
C. PROJECT GOALS
Contractor shall define project objectives.
1. Participation in an effective county-wide affordable housing network.
2. Work on two major lawsuits or impact projects.
3. Conduct at least one community education workshop each month.
4. Improve referral coordination of housing groups in the County.
5. Handle at least 50 individual housing cases.
Page 3
PROJECT WORK PROGRAM
D. PERFORMANCE STANDARDS
Contractor should indicate, where applicable, what performance standards (details of
project implementation) will be applied in implementing the Work Program.
I. In all contracts, purchase agreements, invoices entered, the contractor shall comply
with applicable provisions contained in the County's "Guide for Compliance with
Assurance and Certifications Under the Housing and Community Development Act".
2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the
contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance
Form signed by the supplier service prior to the receipt of any goods or initiation of
any services. The required forms are available from the County Planning Department.
3. All contracts under $10,000 entered into shall be in compliance with procurement
procedures contained in Office 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 handicapped will be provided in accordance with the requirements
of the "American Standard Specifications for Making Buildings and Facilities
Accessible to, and Usable by, the Physically Handicapped:, Number A-117-1-
R-1971.
8. Shall, at a minimum, notify applicable minority owned business firms located in Contra
Costa County of bid opportunities for Community Development funded projects and
maintain documentation of such efforts. A listing of minority owned businesses located
in Contra Costa County and neighboring counties is available from the County Planning
Department.
9. Transmit to the County Planning Department a copy of all construction contracts over
$2,000 prior to the Contract being advertised to ensure that all appropriate require-
ments and provisions have been included.
E. PROJECT ADMINISTRATION
Contractor should indicate who will be responsible for administering the Work
Program.
Contra Costa Legal Services Foundation
Mark Goldowitz
1017 MacDonald Avenue
Richmond, CA 94802
233-9954
Page 4
PROJECT WORK PROGRAM
F. PROGRAM MONITORING
1. Contractor's staff will meet at least once per quarter with appropriate County
staff and Housing and Community Development Advisory Committee 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: C.C. Legal Services Foundation ACTIVITY NUMBER: 9
P. O. Box 2289
1017 Macdonald Avenue
Richmond, CA 94802
BUDGET PERIOD: July 1, 1983-March 31,1984
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ -Total -$
9. HOUSING COUNSELING $209000 -0- $209000
- salaries
fringes
- travel
- misc.
(e)
TOTAL $209000 $20,000
Notes: (a) Detailed categories pursuant to OMB A-102.
(b) Items are eligible to be funded by CDBG funds.
(c) Estimate of other necessary expenditures that cannot be funded with CD
monies; and indication of anticipated sources.
(d) Sum of (b) and (c) above including both Community Development and non-
community Development funds.
(e) 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;
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
4 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 ofitsobligations under
this Agreement may be cause for suspension of all obligations of the County thereunder.
6. Entire Agreement. This Agreement contains all the terms and conditions agreed
upon by the parties. Except as expressly provided herein and in the "COOPERATION
AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating
thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of
operating procedures and budgets required by this Agreement, including but not limited to
monitoring, auditing, billing or regulatory changes, may be developed and set forth in
written "Informal Agreements" entered between the Contractor and the County. Such
"Informal Agreements" when entered shall not be modifications to this Agreement except to
the extent that they further detail or clarify that which is already required hereunder.
Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this
Agreement, including any sums of money to be paid the Contractor as provided herein.
"Informal Agreements" may be approved for, and executed on behalf of the County by the
head of the County Department for which this Agreement is made or his designee.
r •
Page 2
8. Modifications and Amendments.
(a) General Agreements. This Agreement may be modified or amended only be
a written document executed by the Contractor and the Contra Costa County Board of.
Supervisors, subject to any required State or Federal (United States) approval.
(b) Administrative Amendments. Subject to the Payment Limit, only the
Payment Provisions and the Project Work Program may be amended by a written ad-
ministrative amendment executed by the Contractor and the head of the County Depart-
ment for which this Agreement is made or his designee, subject to any required State of
Federal (United States) approval, provided that such administrative amendments may not
materially change the Payment Provisions or the Project Work Program.
(c) Extension of Term for Performance. Without requiring Contractor to
provide consideration in addition to that supporting this Agreement, the County of Contra
Costa, through its Planning Director, may grant Contractor an extension of time for
performance, beyond that time specified above under "Term" (Paragraph 3). Any such
extension must be in writing and shall be at the sole discretion of the County.
9. Disputes. Disagreements between the County and Contractor concerning the
meaining, requirements, or performance of this Agreement shall be subject to final
determination in writing by the head of the County Department for which this Agreement is
made or his designee or in accordance with the applicable procedures (if any) required by the
Federal Government.
10. Law Governing Agreement. This Agreement is made in Contra Costa County and
shall be governed and construed in accordance with the law of the State of California.
11. Conformance with Federal and State Regulations. Should Federal or State
regulations touching upon this Agreement be adopted or revised during the term hereof, this
Agreement is subject to modification to assure conformance with such Federal or State
requirements.
12. No Waiver by County. Subject to the disputes provision contained herein,
inspections or approvals, or statements by any officer, agent or employee of the County
indicating the Contractor's performance or any part thereof complies with the requirements
of this Agreement, or acceptance of the whole or any part of said performance, or payments
therefor, or any combination of these acts, shall not relieve the Contractor's obligation to
fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing
any action for damages or enforcement arising from any failure to comply with any of the
terms and conditions thereof.
13. Original Agreement. The original copy of this Agreement and of any modifi-
cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa
County.
15. Independent Contractor Status. This Agreement is by and between two indepen-
dent contractors and is not intended to and shall not be construed to create the relationship
of agent, servant, employee, partnership, joint venture or association.
16. Conflicts of Interest. Contractor agrees to furnish to the*County upon demand a
valid copy of the most recently adopted bylaws of any Corporation and also a complete and
accurate list of the governing body (Board of Directors or Trustees) and to timely update
said bylaws or the list of its governing body as changes in such governance occur, if
contractor is a corporation. Contractor promises and attests that the Contractor and any
members of its governing body shall avoid any actual or potential conflicts of interest and
will establish safeguards pursuant to Paragraph 12 of the attached "Assurances".
Page 3
17. Confidentiality. Contractor agrees to comply and to require his employees to
comply with all applicable State of Federal statutes or regulations respecting confiden-
tiality, including but not limited to, the identity of recipients, their records, or services
provided them, and assures that:
(a) All applications and records concerning,any individual made or kept by
Contractor or any public officer or agency in connection with the administration of or
relating to services provided under this Contract will be confidential, and will not be open to
examination for any purpose not directly connected with the administration of such service.
(b) No person will publish or disclose or permit or cause to be pulbished or
disclosed, any list of persons receiving services, except as may be required in the
administration of such service. Contractor agrees to inform all employees,
agents and partners of the above provisions, and that any person knowingly and
intentionally disclosing such information other than as authorized by alw may be
guilty of a misdemeanor.
18. Indemnification.
(a) Contractor hereby waives all claims and recourse against the County
including the right to contribution for loss or damage to persons or property arising from,
growing out of or in any way connected with or incident to this Agreement except claims
arising from the concurrent or sole negligence of County, its officers, agents and employees.
(b) The Contractor shall defend and indemnify the County and its officers,
agents and employees against and hold the same free and harmless from any and all claims,
demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either
in whole or in part, whether directly or indirectly, the organization, development,
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 83-5
The Executive Committee of the Board of Trustees of
CONTRA COSTA LEGAL SERVICES FOUNDATION, which is duly authorized
to act on behalf of said Board in between Board meetings,
hereby resolves:
1. To approve the 1983-84 Community Development Block Grant
Program Project Agreement with the County of Contra Costa for
Activity #9, Housing Counselling, pursuant to the Housing
Community Development Act of 1979, in the amount of $20,000.
2. That the Executive Director and the President of the
Board are hereby authorized to execute the above mentioned
agreement on behalf of the CONTRA COSTA LEGAL SERVICES
FOUNDATION.
I certify that in a duly conducted telephone poll on
December 15 and 16 , 1983, this resolution was unanimously
passed. This is a true and a correct copy of the abo
resolution.
Dated: December 16, 1983
SECRETA, TO THE B ARD OF TRUSTEES
AND THE EXECUTIVE COMMITTEE
3`7
TO:, BOARD OF SUP16VISORS 0
Contra
-FROM: Anthony A. Dehaesus Costa
Director of Planning r
DATE: January 10, 1984 vou' � /
SUBJECT: Approval of the Ninth Year (1983-84) Community Development Block Grant
(CDBG) Program Project Agreement with John Swett Unified School District
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. That the Chairman of the Board of Supervisors is authorized to execute the CDBG
Program Project Agreement with John Swett Unified School District to implement
Phase II of Activity #9-17 - Park Development, with a payment limit of $509000.
BACKGROUND:
1. The Park Development Project is a continuation of the previous years activity and
will result in the completion of improvements to Alexander Park in Crockett. This
activity was approved by the Board on February 1, 1983 and by HUD on April 5, 1983.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR OMI ND TION OF OARD CO TEE
APPROVE OTHER
i
SIGNATURE(S)
ACTION OF BOARD ONAPPROVED 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 Department ATTESTED /
County Administrator J.R OLSSON, COU TY CLERK
Auditor-Controller AND EX OFFICIO CLERK OF THE BOARD
County Counsel
Contractor
M9ez/�-ea BY , DEPUTY
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 9-17
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: John Swett Unified School District
Address: P. O. Box 847
Crockett, CA 94525
3. Term.
The effective date of this Agreement is December 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
$50,000.
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 11983, 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 CONTRAC OR
By: X � - � �GSOYI By: P
Chairman, Board of Supervisors Designate Official Capacity
ATTEST: J. R. OLSSON, County Clerk in Organization)
Deputy Superintendent
By: A06By:
D puty (Designate Official Capacity
in Organization)
Recommen ed by Dep arrt
Note to Contractor:
(1) If a public agency, designate official
B � capacity in public agency and attach a certi-
Anth y A. De sus fied copy of the governing body resolution
authorizing execution of this agreement.
orm Approved: Cou ty Counsel (2) All others: Execute acknowledgment
form above, and if a corporation, designate
official capacity in business, execute acknow-
J
BY: . w° b 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
Construction of Phase II improvements of Rolph Park as determined by the Crockett
Neighborhood Preservation Committee at their November 28, 1983 meeting. Improvements
to include playground equipment, landscaping and various benches, tables and trash
recepticles.
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 Phase II Jan. 1, 1984 June 30, 198x{-
C. PROJECT GOALS
Contractor shall define project objectives.
Completion of Phase II construction of community park.
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 handicapped will be provided in accordance with the requirements
of the "American Standard Specifications for Making Buildings and Facilities
Accessible to, and Usable by, the Physically Handicapped:, Number A-117-1-
R-1971.
8. Shall, at a minimum, notify applicable minority owned business firms located in Contra
Costa County of bid opportunities for Community Development funded projects and
maintain documentation of such efforts. A listing of minority owned businesses located
in Contra Costa County and neighboring counties is available from the County Planning
Department.
9. Transmit to the County Planning Department a copy of all construction contracts over
$2,000 prior to the Contract being advertised to ensure that all appropriate require-
ments and provisions have been included.
E. PROJECT ADMINISTRATION
Contractor should indicate who will be responsible for administering the Work
Program.
Mr. Pat Contestible
John Swett Unified School District
P. O. Box 847
Crockett, CA 94525
787-2272
Robert and Kathleen Wood
366 Richardson Way
Mill Valley, CA 94941
(W) 821-3500, (H) 393-8106
Page 4
PROJECT WORK PROGRAM
F. PROGRAM MONITORING
1. Contractor's staff will meet at least once per quarter with appropriate County staff
and Housing and Community Development Advisory Committee representatives,
where applicable, to discuss progress of the Contractor toward achieving stated
work program objectives and to assist Contractor's staff in solving problems.
2. Contractor shall maintain and submit Quarterly Progress Reports to the County
Planning Department.
3. Contractor shall maintain and submit quarterly monitoring and progress reports on
work performed by sub-contractors.
G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE
CONTRACTOR: ACTIVITY NUMBER: 9-17
John Swett Unified School District
P. O. Box 847 BUDGET PERIOD: Dec. 1, 1983-March 31, 1984
Crockett, CA 94525
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total -$
17. Park Development $509000 $ -0- $50,000
Construction
Playground Equipment
Inspection
Miscellaneous
(e
TOTAL $509000 $ -0- $50,000
Notes: (a) Detailed categories pursuant to OMB A-102.
(b) Items are eligible to be funded by CDBG funds.
(c) Estimate of other necessary expenditures that cannot be funded with CD
monies; and indication of anticipated sources.
(d) Sum of (b) and (c) above including both Community Development and non-
community Development funds.
(e) Contract Payment Limit for CD project.
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.
f 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 be 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. 11
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
' . • GOVERNING BOARD
KAREN WERTH CROW PRESIDENT
ZOE LIGHTY, CLERK
SHARON COLLINS
CHARLES J. HAMMER
wttt 11 1 tq t AL JUSAITIS
STEVE W. PALMER
DIANA SCHLEICH
HAROLD F. ZUCKERMAN
P.O. BOX 847 ® CROCKETT, CALIFORNIA 94525 A (415) 787-2355 DISTRICT SUPER6NTENDENT
PAT CONTESTABLE
ASST. SUPERINTENDENT
BUSINESS SERVICES
PARK DEVELOPMENT -- MINI-PARK - ALEXANDER PARK -- CROCKETT
RESOLUTION NUMBER (83-84) 7
The Governing Board of the Sohn Swett Unified School District re-
solves that :
BE IT RESOLVED THAT the Board of Trustees of the Sohn Swett Unified
School District does hereby approve the Community Development
Block Grant Program Project Agreement with the County of Contra
Costa to implement Activity No . 9-17 , Park Development - in the
amount of $50 ,000 pursuant to the Housing and Community Develop-
ment Act of 1974 , as amended .
BE IT FURTHER RESOLVED that the Board of Trustees of the Sohn Swett
Unified School District does hereby approve and authorize Pat
Contestable, Deputy Superintendent , to execute the Project
Agreement for the Community Development Block Grant Program with
the County of Contra Costa on behalf of Sohn Swett Unified School
District .
WE HEREBY certify that the foregoing is a true and correct copy of the
resolution duly adopted by the Board of Trustees of the Sohn Swett
Unified School District at a meetina held on the nineteenth day
, of December , nineteen hundred eighty-three .
PASSED AND ADOPTED , this nineteenth day of December , 1983
AYES : Karen Werth Crow , President ; Zoe Lighty , Clerk;
Members Charles 'J . .Hammer, Al Jusaitis , Barbara Kirk ,
Steve W. .Palmer , Diana Schleich
NOES : None
ABSENT : None
Secretary/C1 •k of the Governing
Board of the Sohn Swett Unified
School District
TO: BOARD OF SARVISORS
Contra
FROM: Anthony A. Dehaesus Costa
Director of Planning
DATE: October 3, 1983 County
SUBJECT: Approval of the Ninth Year (1983-84) CDBG Program Project Agreement with the
United Council of Spanish Speaking Organizations and Realloation of Funds
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Authorize the reallocation of $19,600.00 from Community Development Con-
tingency Funds to Ninth Year (1983-84) Project #26 - Management and Develop-
ment; and
2. Authorize the Chairman to execute said agreement with a payment limit of
$19,600.00.
BACKGROUND
In March of this year UCSSO approached staff at the County and staff at the State
Department of Housing and Community Development's Farmworker Housing Grant
Program regarding the liklihood of obtaining additional funds to complete the
renovation of the Blue Goose and Colonia Santa maria Camps. This request was the
latest in a series of incremental requests for funds to both the County and the State to
complete the necessary work. It was the common response by both County and State
staff that UCSSO should prior to another incremental allocation of funds for physical
improvements, have 1) a better accounting of housing rehabilitation needs to complete
the work on the existing units; 2) a solid management capacity and plan for the
operation of the camps; 3) a plan for future development at the Blue Goose; and 4) an
indication of how future plans could be implemented and funded.
In response to comments UCSSO, my staff, and staff at the State investigated likely
technical assistance providers and solicited proposals and work plans from two of the
organizations. The proposal submitted by the Rural Community Assistance
Corporation (RCAC) was most acceptable to UCSSO, and seemed to best meet the
desires of County and State staff.
Staff recommended that $20,000 in contingency funds be provided to UCSSO with the
understanding that this amount will be matched by the State Farmworker Housing
Grant Program.
l
CONTINUED ON ATTACHMENT: YES L SIGNATU
RECOMMENDATION OF COUNTY ADMINISTRATOR R COM ENDATI N OF BOARD 06MMITTEE
X APPROVE OTHER
1
SIGNATURE(S) _
ACTION OF BOARD ON 3 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. �/JG
CC: County Administrator ATTESTED V (_ �L�LW1i /Z // G
County Counsel J.R. OLSSON, COUNTY CLERK
Auditor-Controller AND EX OFFICIO CLERK OF THE BOARD
Contractor
M382/7-83 Disk F BY � ��DEPUTY
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 26
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: UCSSO
Address: 518 Main Street
Martinez, CA 94553
3. Term.
The effective date of this Agreement is October 1, 1983 and it terminates April 30,
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
$19,600 .
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.
se satures attest the parties' agreement hereto:
COUNTY F O A COSTA CALIFORNIA CONTRAC
By: By: Ted a s- UCSSO President
Chair an, Board of ervisors Designate Official Capacity
ATTEST: J. R. OLSSON, County Clerk in Organization)
. kvmWZS By: �uriel��TreasureA r
By' Designate Official Capacity
* puty in Organization)
Recommen d by De ar ment
Note to Contractor:
(1) If a public agency, designate official '
capacity in public agency and attach a certi-
By' fied copy of the governing body resolution
AntIty
ny A. D aesus authorizing execution of this agreement.
Fo Approved: Co Counsel (2) All others: Execute acknowledgment
form above, and if a corporation, designate
official capacity in business, execute acknow-
By: 'f'i'r ""� ledgment form and affix corporation seal.
uY
(Affix Appropriate
Acknowledgement Form)
STATE OF CA rORNIA On this����_day of in the year
COUNTY OF A , / before me
-
a Not ry dblic, State of California,
duly commissioned and sworn, rsonafy appeared
'LeLl -A f. e (
uoaawrnnuaanaaauoenre�n personally known to me(or proved to me on the basis of satisfactory evidence)
CARMEN ESTRADA to be the of the corporation
p NOTARY PUBLIC
OFME WORNLA
PRINCIPAL OFFICE 2 that exed6ted the within instrument, and also known to me to be the
CONTRA COSTA COUNTY = person 0- who executed the within instrument on behalf of the corpora-
Commission Expares Jan.6,1.084 tion therein named, and acknowledged to me that such corporation executed
r�satllmaaeea�m�eeeua�sumamasiwewnanrOseao-�u�
the same
IN WITNESS WHEREOF I have hereunto set my hang and affixed
my official seal in the County of �
This roamers is oo,a ommai arm which my be prover for use m r imwe on the date se�tforth above in this certificate,
traneacdone and in no way".or is intended W act,as a suba6Wte for tlm
adNce of M atlnrney.The publisher Gros rot make any warramy eimer eWess or implied es W G
the Isysl yaYday of any,prrwieian er fns amiability of fhese forme in any specdic transaclim. Notary Public, State Of California
t oNotary Form No. o —Acknowledgement S�� /�f /
to Notary Public—Corporation(C.C.Seca. 1190-1190.1) My commission expires/._
r •
Page 2
EXHIBIT A
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT PROGRAM 1983-1984
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
26. Management & Development Plan - Blue Goose & Colonia Santa Maria: To provide
technical assistance and consulting services from an experienced organization in rural
housing to the staff of United Council of Spanish Speaking Organizations. This assistance is
designed to prepare UCSSO staff to more effectively deal with the implementation of their
future housing plans. (See Attachment "A" for a complete analysis of the technical
assistance and consulting services) Funding of this technical assistance grant is to be
matched by the State of California.
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
Establish Review Committee Oct. 1, 1983 Oct. 15, 1983
Conduct Training Oct. 1, 1983 April 30, 1984
Physical Inventory Oct. 1983 Dec. 1983
Interim Management Plan Oct. 1983 Dec. 1983
UCSSO Housing Plan Oct. 1983 Feb. 1984
Technical Assistance Oct. 1, 1983 April 30, 1984
C. PROJECT GOALS
Contractor shall define project objectives.
To develop within the UCSSO organization:
1) a better accounting of housing rehabilitation needs to complete the work on existing
units;
2) a solid management capacity and plan for the operation of the camps;
3) a plan for future development at the Blue Goose Camp; and
4) an analysis for future funding and development.
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 Complaince Guide cited.
6. All construction contracts over $100,000 shall be in compliance with the bonding and
insurance requirements contained in OMB A-102 Attachment B, and with the require-
ments of the Clear Air Act and Federal Water Pollution Control Act.
7. Comply with all applicable building codes and laws in the construction work and ensure
that access to the handicapped will be provided in accordance with the requirements
of the "American Standard Specifications for Making Buildings and Facilities 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 contractor shall not incur costs under this contract until a contract for the State
Farmworker Housing Grant matching funds has been approved and executed.
11. A copy of the State Farmworker Housing Grant contract must be reviewed by the
County Planning Department prior to costs being incurred.
12. A copy of subcontracts awarded pursuant to this agreement must be reviewed and
approved by the County Planning Department prior to their execution by the
contractor. Any amendments to subcontracts must also be reviewed and approved by
the County Planning Department.
E. PROJECT ADMINISTRATION
Contractor should indicate who will be responsible for administering the Work Program.
Marceleno Vasquez, Exec. Director
UCSSO
518 Main Street
Martinez, CA 94553 (229-1600)
Page 4
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 representatives,
where applicable, to discuss progress of the Contractor toward achieving stated
work program objectives and to assist Contractor's staff in solving problems.
2. Contractor shall maintain and submit Quarterly Progress Reports to the County
Planning Department.
3. Contractor shall maintain and submit quarterly monitoring and progress reports on
work performed by sub-contractors.
G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE
CONTRACTOR: ACTIVITY NUMBER: 26
UCSSO
518 Main Street BUDGET PERIOD:October 1, 1983-April 30, 1984
Martinez, CA 94553
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total -$
26. Technical Assistance & $199600 $19,600* $39,200
Consulting Services
Consultant fees
Misc.
*State HCD funds.
e
TOTAL $199600 $19,600 $39,200
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 h
CERTIFICATIONS
I. The grantee/contractor hereby assures and certifies that it will comply with the
regulations, policies, guidelines and requirements with respect to the acceptance and use
of Federal funds for this federally-assisted program. Also the grantee/contractor gives
assurances and certifies with respect to the grant in-so-much as they are applicable, that:
(a) It possesses legal authority to make a grant submission and to execute a community
development and housing program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion
or similar action authorizing the person identified as the official representative of
the grantee to submit the final statement, all understandings and assurances
contained therein, and directing and authorizing the person identified as the official
representative of the grantee to act in connection with the submission of the final
statement and to provide such additional information as may be required.
(c) That prior to submission of its final statement to HUD, the grantee/contractor has
met the citizen participation requirements, prepared its final statement of com-
munity development objectives and projected use of funds, and made the final
statement available to the public, as required by Section 104(a)(2) of the Housing and
Community Development Act of 1974, as amended;
(d) It is following a current housing assistance plan which has been approved by HUD and
which meets the requirements of Section Section 104(a)(2) of the Housing and
Community Development Act of 1974, as amended;
(e) It has developed its final statement of projected use of funds so as to give maximum
feasible priority to activities which benefit low- and moderate-income families or aid
in the prevention or elimination of slums or blight; the final statement of projected
use of funds may also include activities which the grantee/contractor certifies are
designed to meet other community development .needs having a particular urgency
because existing conditions pose a serious threat to the health and welfare of the
community, and other financial resources are not available;
(f) Its chief executive officer or other officer of the grantee/contractor approved by
HUD:
(1) Consents to assume the status of a responsible Federal official under the
National Environmental Policy Act of 1969 and other authorities as specified in
24 CFR 58.5; and
(2) Is authorized and consents on behalf of the grantee/contractor and himself/her-
self to accept the jurisdiction of the Federal courts for the purpose of
enforcement of his/her responsibilities as such an official;
II. The grant will be conducted and administered in compliance with:
(1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing
regulations issued at 24 CFR Part 1;
(2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that
the grantee will administer all programs and activities related to housing and
community development in a manner to affirmatively further fair housing;
(3) Section 109 of the Housing and Community Development Act of 1974, as
amended; and the regulations issued pursuant thereto;
(4) Section 3 of the Housing and Urban Development Act of 1968, as amended;
(5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and
implementing regulations issues at 41 CFR Chapter 60;
(6) Executive Order 11063, as amended by Executive Order 12259, and implementing
regulations at 24 CFR Part 107;
(7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and
implementing regulations when published for effect;
(8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple-
menting regulations when published for effect;
Certifications - Page 2
(9) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102,
Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal
funds under this federally-assisted program;
III. The relocation requirements of Title II and the acquisition requirements of Title III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and
the implementing regulations at 24 CFR Part 42;
IV. The acquisition requirements of Title III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR
Part 42;
V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD
regulations issued to implement such requirements;
VI. Executive order 11988 relating to the evaluation of flood hazards and Executive Order
11288 relating to the prevention, control, and abatement of water pollution. The flood
insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of
1973 (Pub.1.93-234); and
VII. No member, officer or employee of the grantee/contractor, or its designees or agents, no
member of the governing body of the locality in which the program is situated, and no
other public official of such locality or localities who exercises any functions or
responsibilities with respect to the program during his/her tenure or for one year
thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or
the process thereof, for work to be performed in connection with the program assisted
under the Grant, and that is shall incorporate, or cause to be incorporated, in all such
contracts or subcontracts a provision prohibiting such interest pursuant to the purposes
of this certification;
VIII. It will comply with the provisions of the Hatch Act which limits the political activity of
employees;
IX. It will give HUD and the Comptroller General or any authorized representatives access to
and the right to examine all records, books, papers, or documents related to the grant;
X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to
the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.).
Revised 12/23/82
GENERAL CONDITIONS
1. Compliance with Law. Contractor shall be subject to and comply with all
Federal, State and local laws and regulations applicable to public agencies with respect to
its performance hereunder, including but not limited to Federal regulations, guidelines,
bulletins, and circulars pursuant to Title I of the Housing and Community Development Act
of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as
published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may
be revised and amended; and which are incorporated herein by reference. Documentation of
such compliance shall be made available for review by the County upon request.
2. Inspection. Contractor's performance, place of business and records pertaining
to this Agreement are subject to monitoring, inspection, review and audit by authorized
representatives of the County, the State of California, and the United States Government.
3. Records. Contractor shall keep and make available for inspection by authorized
representatives of the County, the State of California, and the United States Government,
the Contractor's regular business records pertaining to this Agreement and such additional
records as may be required by the County.
4. Retention of Records. The Contractor and County agree to retain all documents
pertaining to this Agreement for three years from the date of submission of the Annual
Performance Report by the County to HUD, except as follows:
(a) Records that are the subject of audit findings shall be retained for three
years after such findings have been resolved.
(b) Recored for nonexpendable property which was acquired with Federal grant
funds shall be retained for three years after its final disposition.
(c) Records for any displaced person shall be retained for three years after he
has received final payment.
5. Termination.
(a) Failure to Perform. In the event the Contractor fails to perform properly
any of its obligations hereunder and such failure of performance is not cured by the
Contractor within thirty (30) days after receipt of written notice from the County, the
County may in addition to any other remedies, complete the Contractor's obligations in any
reasonable manner it chooses, take possession of any real or personal property associated
with the project, and construct, operate or maintain the project as the County may deem
necessary to fulfill requirements of the Federal Government. The Contractor agrees to
reimburse the County for any costs or expenses incurred by the County because of said
failure to perform and also agrees to convey title to any real property acquired by
Contractor with project funds should County request such title.
(b) Cessation of Funding. In the event the Federal funding for this Agreement
ceases, this Agreement is terminated.
(c) Failure by the Contractor to perform properly any of its obligations under
this Agreement may be cause for suspension of all obligations of the County thereunder.
6. Entire Agreement. This Agreement contains all the terms and conditions agreed
upon by the parties. Except as expressly provided herein and in the "COOPERATION
AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating
thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of
operating procedures and budgets required by this Agreement, including but not limited to
monitoring, auditing, billing or regulatory changes, may be developed and set forth in
written "Informal Agreements" entered between the Contractor and the County. Such
"Informal Agreements" when entered shall not be modifications to this Agreement except to
the extent that they further detail or clarify that which is already required hereunder.
Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this
Agreement, including any sums of money to be paid the Contractor as provided herein.
"Informal Agreements" may. be approved for, and executed on behalf of the County by the
head of the County Department for which this Agreement is made or his designee.
Page 2 • •
8. Modifications and Amendments.
(a) General Agreements. This Agreement may be modified or amended only be
a written document executed by the Contractor and the Contra Costa County Board of
Supervisors, subject to any required State or Federal (United States) approval.
(b) Administrative Amendments. Subject to the Payment Limit, only the
Payment Provisions and the Project Work Program may be amended by a written ad-
ministrative amendment executed by the Contractor and the head of the County Depart-
ment for which this Agreement is made or his designee, subject to any required State of
Federal (United States) approval, provided that such administrative amendments may not
materially change the Payment Provisions or the Project Work Program.
(c) Extension of Term for Performance. Without requiring Contractor to
provide consideration in addition to that supporting this Agreement, the County of Contra
Costa, through its Planning Director, may grant Contractor an extension of time for
performance, beyond that time specified above under "Term" (Paragraph 3). Any such
extension must be in writing and shall be at the sole discretion of the County.
9. Disputes. Disagreements between the County and Contractor concerning the
meaining, requirements, or performance of this Agreement shall be subject to final
determination in writing by the head of the County Department for which this Agreement is
made or his designee or in accordance with the applicable procedures (if any) required by the
Federal Government.
10. Law Governing Agreement. This Agreement is made in Contra Costa County and
shall be governed and construed in accordance with the law of the State of California.
11. Conformance with Federal and State Regulations. Should Federal or State
regulations touching upon this Agreement be adopted or revised during the term hereof, this
Agreement is subject to modification to assure conformance with such Federal or State
requirements.
12. No Waiver by County. Subject to the disputes provision contained herein,
inspections or approvals, or statements by any officer, agent or employee of the County
indicating the Contractor's performance or any part thereof complies with the requirements
of this Agreement, or acceptance of the whole or any part of said performance, or payments
therefor, or any combination of these acts, shall not relieve the Contractor's obligation to
fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing
any action for damages or enforcement arising from any failure to comply with any of the
terms and conditions thereof.
13. Original Agreement. The original copy of this Agreement and of any modifi-
cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa
County.
15. Independent Contractor Status. This Agreement is by and between two indepen-
dent contractors and is not intended to and shall not be construed to create the relationship
of agent, servant, employee, partnership, joint venture or association.
16. Conflicts of Interest. Contractor agrees to furnish to the'County upon demand a
valid copy of the most recently adopted bylaws of any Corporation and also a complete and
accurate list of the governing body (Board of Directors or Trustees) and to timely update
said bylaws or the list of its governing body as changes in such governance occur, if
contractor is a corporation. Contractor promises and attests that the Contractor and any
members of its governing body shall avoid any actual or potential conflicts of interest and
will establish safeguards pursuant to Paragraph 12 of the attached "Assurances".
Page 3
17. Confidentiality. Contractor agrees to comply and to require his employees to
comply with all applicable State of Federal statutes or regulations respecting confiden-
tiality, including but not limited to, the identity of recipients, their records, or services
provided them, and assures that:
(a) All applications and records concerning any individual made or kept by
Contractor or any public officer or agency in connection with the administration of or
relating to services provided under this Contract will be confidential, and will not be open to
examination for any purpose not directly connected with the administration of such service.
(b) No person will publish or disclose or permit or cause to be pulbished or
disclosed, any list of persons receiving services, except as may be required in the
administration of such service. Contractor agrees to inform all employees,
agents and partners of the above provisions, and that any person knowingly and
intentionally disclosing such information other than as authorized by alw may be
guilty of a misdemeanor.
18. Indemnif ication.
(a) Contractor hereby waives all claims and recourse against the County
including the right to contribution for loss or damage to persons or property arising from,
growing out of or in any way connected with or incident to this Agreement except claims
arising from the concurrent or sole negligence of County, its officers, agents and employees.
(b) The Contractor shall defend and indemnify the County and its officers,
agents and employees against and hold the same free and harmless from any and all claims,
demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either
in whole or in part, whether directly or indirectly, the organization, development,
construction, operation, or maintenance of the Project except for liability arising out of the
concurrent or sole negligence of County, its officers, agents or employees.
(c) In the event County is named as co-defendant the Contractor shall notify
the County of such fact and shall represent County in the legal action unless County
undertakes to represent itself as co-defendant in such legal action in which event County
shall bear its own litigation costs, expenses, and attorney's fees.
(d) This condition shall not terminate on the date specified in the Agreement
but shall remain in full force and effect.
19. Insurance. During the entire term of this Contract and any extension of
modification thereof, the Contractor shall keep in effect insurance policies meeting the
following insurance requirements unless otherwise expressed in the Special Conditions:
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. 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
! ATTACHMENTW#
UNITED COUNCIL OF SPANISH SPEAKING ORGANIZATIONS WORK PLAN
REVISED 9/2/83
OVERVIEW
The ,following work plan describes the activities to be carried out by RCAC, UCSSO
and the residents of the Blue Goose and Santa Maria Projects. It is based on the
following UCSSO policy: UCSSO's Housing policy is to complete full development of _
the two housing projects (Blue Goose/Colonia Santa Maria) into full housing -
development capacity, site improvements and other related improvements (sewer,
water and utilities) within the near future; and that UCSSO intends to continue.:'';::'
ownership, manage and operate such property pending final dispositionaction by the
UCSSO Board of Directors. The work. plan for this contract is divided into five
tasks.
I. Review Committee
II. Training
III. Physical Inventory and Interim Management Plan
IV. UCSSO Housing Plan
V. Technical Assistance on Preapplications
REVIEW COMMITTEE
UCSSO will establish a review committee to review progress and suggest courses of •; c' ::
action for the activities contained within this work plan. The committee will be
made up of representatives of UCSSO Board of Directors and staff,. Local Project
Board, Tenant Housing Committee, an RCAC staff member, a county employee and
a state employee. There will be at least four .committee .meetings scheduled
tentatively for the first, third , fifth and seventh month of the contract. UCSSO
will appoint all members except the RCAC, State and County
representatives. UCSSO staff will be responsible for coordinating the committee
meetings. RCAC will be responsible for facilitating and running each meeting.
There will be a maximum of fifteen official members on the review committee.
The first Review Committee meeting will analyze the training assessments and the
overall training plan. Also, the entire project will be reviewed and discussed so all
parties will have a clear and uniform understanding of the work and process to be
carried out. The second meeting will review the physical inventory and interim
REVISED 9/2/83 Page 2
management plan: The third meeting will review the results of the training
efforts. The fourth meeting will review the draft housing plan.
TRAINING
Summary
RCAC will develop and carry out training programs for the UCSSO Board of
Directors, Local Project: Board, UCSSO Staff, and residents of the two housing
projects. The basic subject will be housing and the programs will vary based on the
skills and needs of the different groups being trained. The Review Committee will
comment on the training assessments and training plans prior to the beginning of . .
training. The training of residents will of commit UCSSO to any actions they have
not previously approved.
Activities
I. Assessment of Training Needs
RCAC staff will :conduct an , assessment of the training needs of each
of the groups to be trained. The assessment includes a survey of
the individuals involved and an analysis of the projected skills
required for each group. A time schedule will be prepared outlining
the dates and topics for each session for each group.
II. Develop Training Programs and Materials
After the existing skill .levels are determined, training programs will
be developed for each group. . To save costs, wherever possible,
materials will be used from other similar training programs. Each
training event will have . a trainer 's guide, pre-test, post-test,
handout materials and visual aids.
III. Carrying Out Training
The training programs will be carried out by RCAC staff. If topics
are required that. .RCAC staff are not qualified to deliver,
consultants may be brought in to assist RCAC in the training
program. The length of each session depends on a needs and time
available of each group. Each session will use appropriate training
methods such as case studies, overheads, role plays, etc.
REVISED 9/2/83 Page. 3
Staff and resident training begins early in the second month.of the
contract. Due to the necessity of getting an interim management
plan into effect, these two groups have initial priority. Board of
Directors and Local Project Board training begins in the third -
month. Since the assessments have not been done, the exact number..:
of training sessions for each group have not been determined.
However, at rtotal of 21 sessions have been anticipated in the
costing of this work plan. The projected distribution of (sessions
which may be changed when the assessments are completed) follows
in Table 1.
TABLE 1
Month 1 2 3 4 5 6 7 Total
Group
Staff 1 2 2 1 1 0 0 7
Residents 0' .2 2 1 - 1 1 0 7
Board of Directors
Local Project
Board 0 0 1 1 2 2 1 7
21
IV. Content
There` will be five major topics. Each has several sub-categories.
The basic topics will be essentially the same for each group with a w
variation in detail and focus depending upon the. needs and existing
skill level of each group. The preliminary outline of the topics are:
• A. Housing Tenure Options
1. Cooperatives
2. Individual
3. Condominium
4. Rental
REVISED 9/2/83 Page 4
B. Building Costs
I. New
2. Rehabilitation
3. Land and Improvements
4. Fees and Assessments
5. Other Services -=
C. Financing
1. Loan Structures,
2. Equity
3. . Interest Rates
4. Deferred Payments
5. Syndication and "Innovative Approaches" .
6. Federal and State Sources
7. Private Sources
D. The Cost to Maintain
1. Utilities
2. Taxes
3. Repairs I_ .
4. Improvements
5. Insurance
6. Services (water, sewer, garbage, lighting, etc.)
: 7. Personnel
E. The Development_ Process
1. Time
2. Land, Zoning and Local Government -
3. Professionals: engineers, architects, packagers
REVISED 9/2/83 Page 5
4. Infrastructure and services
5. Construction
PHYSICAL INVENTORY AND INTERIM MANAGEMENT PLAN
Summary
A physical inventory of the structures, buildings, water, sewer, utility systems will
be conducted on each site' by RCAC. Operating records will be reviewed and
analyzed as well. From the results of the training and inventory UCSSO will
prepare an interim managementpIan. RCAC will advise, comment and . assist
UCSSO in the development of the plan.
Activities
I. Physical Inventory
RCAC with UCSSO staff will go through each of the existing camps
to determine the exact condition and quality of buildings and
systems. The standard construction check-list will be used for the ,: r
buildings as well as a review of the existing records and . reports on
the quality of the projects. The water, sewer, gas, electrical and
lighting systems will be carefully checked for condition and quality. :., I
The .Health Department will be consulted as well as a testing }
laboratory and whenever records can be found regarding
improvements will be reviewed. Also, zoning and land use status
will be checked for each camp and the city and county planning staff
consulted as to a process and prospects for any potential zoning ,
issues. The findings will be presented in a written report by the end
of the second month of the contract.
.1. •
II. Interim Management Plan
As information is gathered about the physical condition of the two
projects, it will be used in the development of an interim
management plan. In addition, the initial training sessions for the
staff and residents will be focused on the issues related to the
interim management plan. The purpose of the plan will be to
provide . a more solid footing for the day-to-day ' operations of the
REVISED 9/2/83 Page 6
two projects and internal fiscal and management system for UCSSO. .
The interim management plan will be prepared by UCSSO staff with
the direct assistance of RCACstaff. A draft of the interim
management plan will be reviewed by the review committee at their
second meeting.
UCSSO HOUSING PLAN
Summary >
UCSSO with the assistance of RCAC will develop a housing plan that will cover both .
the immediate issues related to the ownership and management of the two existing =
projects and the development of additional housing projects or .other housing i.
activities. Training of the Board of Directors and Local Project Board will be
organized around the development of this plan. The second part of the staff and
resident training will also move from the short term management issues to the
longer term housing plan issues.
Activities -
I. Issue Development
During the training program issues related to the housing plan will be
discussed --. not directly in relationship to the plan, but indirectly as
major issues related to housing. From this training the relationship .
and effect of the issues on each of the training groups will become
clear. This will establish the base of information and data that will
be used in the decision-making process that follows. RCAC will
direct and coordinate the development of the issues and work with
the staff of UCSSO to prepare a report on the issues to be
considered in the final plan.
II. Decision-Making
The UCSSO, Board has the responsibility of deciding how the issues
will. be resolved and, presented in an agency housing plan. RCAC will
have three roles in this decision-making process. First, RCAC will
facilitate that portion of each board meeting devoted to the
development of the housing plan. Second, RCAC will act as a
resource related to results of the issue development process to insure
REVISED 9/2/83 Page 7
all views and concerns are fairly expressed. Third, RCAC will act
as expert consultants answering any questions or providing specialized
information as required. It is important to note that the board of
directors will have input from all the groups as well as the county
and state. However, in the end, it is UCSSO housing policy and the
responsibility of the Board of Directors to create andcarry out.
The decision-making process is scheduled to be completed by the end ;
of the seventh month.
III. Plan Production
After the Board of Directors has resolved all the issues related to
the development of the housing plan, the UCSSO staff with the
assistance of. RCAC will prepare and distribute the plan. RCAC's
role will be to provide guidance and advice on format as well review
and editing assistance. However, the content will be the
responsibility of the UCSSO as it is their housing plan.
TECHNICAL ASSISTANCE IN PREAPPLICATION PREPARATION
Summary
RCAC will assist UCSSO in the development of preapplications for the two existing
housing projects as required in the housing plan.
Activities
By the time the preapplication process is reached, the staff of UCSSO should be
capable of preparing preapplications as required by the housing plan. RCAC will
provide any additional training and. technical assistance required to insure the most
favorable preapplications possible are developed. It is anticipated that these
activities will begin at the end of the seventh month and continue for approximately
:_:three months. The activities may continue longer depending upon the review time
sof funding agencies involved, however, the cost will not increase due to the time
extension.
COSTS
Twelve RCAC staff will be involved in carrying out this work plan. Nine will be
technical professionals and three support professionals. The projected assignment of
staff by activity as is follows:
REVISED 9/2/83 Page 8
Review Interim Housing Tech Assist.
Staff Committee Training Mgt. Plan Plan Preapplication Total
Cuellar 4 22 10 15 12 63
Prince 0 8 10 0 0 18
Dauwalder 0 2 4 0 0 6
Erismann 0 18 0 5 0 23
Rusmore 0 ,8 0 0 0 8
Dreher 0 4 0 0 0 4
Thomas 0 4 1 5 0 10
Von
Christierson 0 4 . °,r 1 1 1 7
Shockney/
Boland 0 20 5 2 0 27
Williams 0 4 1 0 0 5
French 4 0 0 0 0 4
Totals 8 94 32 28 13 175
Sam Cuellar will be the principal RCAC staff. He_ will be responsible for
coordinating all of the activities. He will also be the primary contact person for
UCSSO for the contract. Sam will be the primary trainier for the staff and boae•d
and carry out about one third of the overall work.
Chuck Prince will assist in training and carry out the physical inventory of the
structures.
David Dauwalder will assist in training regarding the water and sewer systems and
perform the inventory of these systems.
Marta Erismann and Kaki Rusmore will be the primary trainers for the residents.
Rick Dreher will provide training assistance to the RCAC trainers and assist in
training material development.
--Susan Thomas will supervise several staff and assist in facilitating the decision-
making process on the housing plan.
Peter von Christierson will supervise several staff.
Cliff Shockney, Eileen Boland and Lois Williams will type, copy and prepare training
materials, reports, etc.
William French will sit on the Review Committee representing RCAC.
REVISED 9/2/83 Page 9
RCAC will bill UCSSO on the basis of actual time spent based on the following rates
plust travel and-,consultants.
Staff Daily Rate Days Estimated Cost
Cuellar $205 63 $129915
Prince $234' 18 $ 41212
Dauwalder $209 6 $ 19254
Erismann $175 23 $ 41025
Rusmore $171 8 $ 11368
Dreher $161 �'' 4 $ 644
Thomas $230 10 $29300
von Chr isti4son $253 7 $ 19771
Shockney/Boland $200 27 $ 59400
Williams $179 5 $ 895
French $285 4 $ 12140
175 $352924
Travel 2,176
Consultants 1 500
TOTAL $392600
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 30 ,1963 *
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
BLOCK GRANT PROGRAM PROJECT AGREEMENT WITH BATTERED
WOMEN'S ALTERNATIVES
The Board having heard the recommendation of the Director of Planning
that it approve the Ninth Year Community Development Program Project Agreement with
Battered Women's Alternatives implementing Activity X625 - Shelter Renovation with a
payment limit of $21,000.
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 they minutes of the
Board of Supervluqrs on Ute dak shov.m.
ATTESTED:-
in
TTESTED:in a-LSSON, COPUX d'-f Ci.Eg1X
and ex officio Cierk of the Board
Deputy
Orig. Dept.: Planning
CC)County,Administrator
Auditor-Controller
County Counsel
Contractor
X
STATE OF CALIFORNIA l
w SS.
COUNTY OF CTMQ-�t� I
On this -2-1 s day of in the year
!7 0 9 before me, the undersigned, a Notary Public in
z y and for said County and State, personally app red
C �` - �`' �' 0"6 personally known
o to Ve (or proved to me on the basis of satisfactory evidence) to be the
U '
w President, and
L) c` -moi• OFFICIAL sena
a
s a personal) nown to me (or proved to me on th basis of satisfactory JANET C.CROWLE
M ¢ - �� (&my
NOTARY PUBLIC-GLL6t1RRM
Z is evidence) to be CONTRA COSTA COUNTY
w e -Seerctaff of the corporation that executed the within Instrument, and
1v acknowledged to me that such corporation executed the within instru- Commission ExpiresNOV.12.19M
F Ment pursuant to its by-laws or a resolution of its board of directors.
0
a
a
L) ^ Signature
x a
C_ u�-v7✓
N
Name (Typed or Printed)
Notary Public in and for said County and State
F.2467 R. 1 1/82 (This area for official notarial seal)
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 25
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: Battered Women's Alternatives
Address: P. O. Box 6406
Concord, CA 94524
3. Term.
The effective date of this Agreement is August 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
$21,000 .
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.
a
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.
&The*se ;gnatures attest the parties' agreement hereto:
COUNTY 0 COSTA CALIFORNIA CONTRACTOR
By: 4L/W/i,6�v A-1
Chairman, Board of Supervisors Designate Official apacity
ATTEST: J. R. OLSSON, County Clerk
in Organizat' n)
�rea54•e�
7
By° Designs e Off it iall Capacity
puty in Organization)
Recomme ed by Depa ment ote 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. Dehae s authorizing execution of this agreement.
�Fo A proved: Co my Couns 1 (2) All others: Execute acknowledgment
form above, and if a corporation, designate
• official capacity in business, execute acknow-
By: ledgment form and affix corporation seal.
eputy
(Affix Appropriate
Acknowledgement Form)
Page 2
EXHIBIT A
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT PROGRAM 1983-1984
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
25. Shelter Renovation:
Renovation of a shelter house previously acquired and partially renovated through the
CD Program. This house is a shelter for battered women and is the only type facility of
its kind in the County.
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
Specifications August 1983 August 1983
Solicit Bids Sept. 1983 Sept. 1983
Award = Sept. 1983
Construction Sept. 1983 Nov. 1983
C. PROJECT GOALS
Contractor shall define project objectives.
Complete minor renovation to shelter house to make it decent, safe and sanitary for the
residents of the emergency shelter.
Page 3
PROJECT WORK PROGRAM
D. PERFORMANCE STANDARDS
The performance standards indicated (details of project implementation) will be applied in
implementing the Work Program.
I. 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.
}
I- PROJECT ADMINISTRATION
Contractor should indicate who will be responsible for administering the Work
Program.
Ms. Rachelle Dorris
P. O. Box 6406
Concord, CA 94524,
676-2845
Page 4
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: 25
Battered Women's Alternatives
P. O. Box 6406
Concord, CA 94523 BUDGET PERIOD: August 1, 1983-March 31,1984
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total -$
25. Shelter Renovation $219000 -0- $219000
- Specifications
- Advertisement
- Advertisement
- Construction -
- Inspection
l
e
TOTAL $21,000 $ -0- $21,000
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/con tractor 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:
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 efective date of notice shall be the date of
deposit inthe mails or of other delivery.
Page 4
21. Available Copies. Copies of the County's Project documents (as speci-
fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues,
regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be
available at all times for inspection by the Contractor during regular business hours at the
Offices of the Planning Department, Martinez, California.
22. Retained Powers. All powers not explicitly invested in the Contractor
remain in the County.
23. Project Development.
(a) If the Project includes construction, the construction plans and
specifications shall be reviewed and approved by the Contractor before construction is
commenced.
(b) The Contractor shall secure completion of the construction work in
accordance with the approved construction plans and specifications.
(c) If the Project includes acquisition of real property, the purchase
price for such property shall be determined in accordance with the requirements
contained in Department of Housing and Urban Development (HUD) Handbook 1376.1,
Relocation and Real Property Acquisition. The appraisal reports and qualifications of
appraisers shall be submitted for review and approval by the County before initiation of
the acquisition procedure. Contractor agrees to furnish County preliminary title reports
respecting such real property or such other evidence of title which is determined to be
sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at
the close of escrow any defects of title which in the opinion of County might interfere
with the operation of the Project. In condemnation actions such title defects must be
eliminated by the final judgement.
24. Project Termination.
It shall be a policy of the County that any project funded in any way
through the Community Development Program that is cancelled, abandoned or fails during
the contract period or is otherwise completed, all remaining funds allocated shall be
immediately returned to the County. Property acquired with the use of federal funds, in
whole or in part, under the Community Development Program that falls to disuse, is
abandoned or is no longer needed for the original intended purpose within 20 years of
acquisition, will be disposed of in accordance with OMB Circular A-102, Attachment N,
with prior written approval and coordination with county staff.
la
PAYMENT PROVISIONS
1. Pavment Basis. County shall in no event pay to the Contractor a sum in excess
of the total amount specified in the Payment Limit of this Agreement. Subject to the
Payment Limit, it is the intent of the parties hereto that the total payment to Contractor
for all services provided for County under this Agreement shall be only for costs that are
allowable costs (see Paragraph 3 below) and are actually incurred in the performance of
Contractor's obligations under this Agreement. All payments made under this Agreement
shall be from Federal funds only. No general County funds shall be expended under this
Agreement. If, for any reason whatsoever, County does not receive such Federal funds,
Contractor agrees that County shall have no payment obligation hereunder.
2. Payment Amounts. Subject to later a8justments 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
;I
• 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
BATTERED WOMEN' S ALTERNATIVES
24 Hour Crisis Line • Shelter • Support Groups • Legal Advocacy
Speakers' Bureau • Batterer Treatment • Information and Referral
RESOLUTION
The Board of Directors of Battered Women' s Alternatives does
RESOLVE as follows :
Section 1. The Board of Directors of BWA approves the
1983-84 Year Community Development Block Grant Program Project
Agreement with the County of Contra Costa to implement
Activity #25 (Shelter renovation) in the amount of $21 ,000 .
Section 2 . The President and Treasurer are hereby
approved and authorized to execute the 1983-84 Year Program
Project Agreement with the County of Contra Costa on behalf
of BWA.
Section 3 . This Resolution shall become effective
immediately upon its passage and adoption.
ADOPTED by the Board of Directors at a regular meeting
of said Council held on the 5th day of July , 1983 , by the
following vote :
Ayes : Robertson, Brooks , Richardson, Ricci , Kaplan,
Mooers , Butler
Noes : None
Absent: Sidwell , Mullen, Martin, Chase
CERTIFIED THIS IS A TRUE COPY
Rachelle Dorris
Director of Development
P.O. Box 6406, Concord, CA 94524 0 Business: 415/676-2845 0 Crisis: 415/930-8300
Contra Costa Count:r
R
l EC�-�`a'L../
CONTRA COSTA COUNTY
PLANNING DEPARTMENT AUG 18 1983
TO: M. G. Wingett DATE: August 18, 1983
County Administrator
FROM: Anthony A. Dehaesu SUBJECT: Approval, Ninth Year (1983-84)
Director of Plannin CDBG Program Agreement;
Battered Women Alternatives
Attached please find five copies of the Ninth Year Community Development Program
project agreement with Battered Women's Alternatives for Activity #25 - Shelter
Renovation with a payment limit of-$21;000.--This-agreement has been approved by the
Battered Women's Alternatives Board of Directors and County Counsel's Office.
Please place this item on the agenda for the next Board meeting.
AAD/mbX
attachment
]..
CEIVED
AU
R. OL A OF S ORS
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
August 1C , 1983.
Adopted this Order on , 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
BLOCK GRANT PROGRAM PROJECT AGREEMENT WITH THE HOUSING
ALLIANCE OF CONTRA COSTA COUNTY, ACTIVITY #9-4 SHARED
HOUSING PROGRAM
The Board having heard the recommendation of the Director of Planning
that it approve the Ninth Year Community Development Agreement with the Housing
Alliance which has a payment limit of $20,000;
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 ninutes of the
Board of Supervisors on the date shown.
ATTESTED: r
J.R. OLSSO , Ct3L,NTY CLERK
and ex officio Clerk of the Board
Deputy
Orig. Dept.: Planning
cc: County Administrator
Auditor-Controller
County Counsel
Contractor
X
• PROJECT AGREEMENT
• COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 9-4
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: Housing Alliance of Contra Costa County
Address: 1583 Galindo Street
Concord, CA 94520
3. Term.
The effective date of this Agreement is August 1, 1983 and it terminates July 30,
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
$20,000.
5. County's Obligations.
County shall make those allocation payments to the contractor described in the
"Payment Provisions" attached hereto which are incorporated herein by reference,
subject to all terms, conditions, and assurances contained or incorporated herein.
6. General Conditions and Assurances.-
This Agreement is subject to the "General Conditions" and the "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.
These 'gn tures attest the parties' agreement hereto:
COUNTY O STA CALIFORNIA CONTRACTOR
BY: K By:
Chairman, Board of Supervisors Desig a Official Capacity
ATTEST: J. R. OLSSON, County Clerk in Organization)
By � �
By: ut
me Designa fficial Capacit j
a ) g/L
p y in Organization)
Recomed by De rtment Note to Contractor:
(1) If a public agency, designate official
capacity in public agency and attach a certi-
By• fied copy of the governing body resolution
thony A. Dehaesus authorizing execution of this agreement.
Form Approved: ounty Counsel (2) All others: Execute acknowledgment
form above, and if a corporation, designate E
official capacity in business, execute acknow-
By: ledgment form and affix corporation seal. ;
uy
(Affix Appropriate
Acknowledgement Form)
STATE OF CALyIFO}RNL4n On this �' day of �V�� in the year
COUNTY OF CAPA ( JA 1 CM 3 before me
r1RY��$ Jbne4 a Notary Public, State of California,
duly commi stoned and sworn, ersonally appeared 4t
DIANE Usz_
personally known tq me_(or proved tom on the basis of satisfactory evidenK
to bethe �
� i jeAf -+ FAly' A '-of the corporation
OFFICIAL SEAL eI '
JAMES W. JONES that executed the within instrument, and also known to me to be the
NOTARY PUBLIC — CALIFORNIA person _who executed the within instrument on behalf of the corpora-
„
Contra Costa County-. tion therein named, and acknowledged to me that such corporation executed
FOMy Commission Expires Oct. 21, 1983 the same
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my ofii ialseal in the County of
This doaanam is ortly a pwr"loan which may W proper for use In simple N" 5 /I on thiefdate set forth above in this certificate.
trn"cfions and in w way ecb,or I,kdwOod to W.ae a suWWW for dw
. souks of M oeorrwy.The pablwber doss not make airy warranty eiowr express or implwd ss to
@n Wo v9dily of any pruv icon or ft whabiI4 of tlwee torms in any spathic tenettion.
Cowdery's Form No. 28—Acknowledgement Notary Public, State ofcCalifornia
to Notary Public—Corporation(C. C.Secs. 1190-1190.1) My com fission expires a' `� 0 3
r. Page 2 • •
EXHIBIT A
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT PROGRAM 1983-1984
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
9-4 Shared Housing Program: To help persons in need of affordable housing by providing
them with information and/or assistance in locating people who have and are willing to
share existing housing. The geographic area of coverage is the Contra Costa County
Community Development Program Urban County 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
Recruit, hire and train two part-time Aug. 1, 1983 Sept. 30, 1983
shared housing aides.
Advertise expansion of program to East-and Sept. 1, 1983 Oct. 31, 1983
West County; Initiate other outreach activities.
Initiate group meetings for the purpose Nov. 1, 1983 Dec. 31, 1983
of exchanging shared housing information.
Review and assess Program to date; consider Jan. 1, 1984 Jan. 31, 1984
alterations or changes to optimize program
performance.
Continue implementation of Program. Feb. 1, 1984 July 30, 1984
C. PROJECT GOALS
Contractor shall define project objectives. Project goals will vary depending upon the type
of project.
To make 55 share arrangements.
Page 3
PROJECT WORK PROGRAM
D. PERFORMANCE STANDARDS
Contractor should indicate, where applicable, what performance standards (details of
project implementation) will be applied in implementing the Work Program.
I. In all contracts, purchase agreements, invoices entered, the contractor shall comply
with applicable provisions contained in the County's "Guide for Compliance with
Assurance and Certifications Under the Housing and Community Development Act".
2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the
contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance
Form signed by the supplier service prior to the receipt of any goods or initiation of
any services. The required forms are available from the County Planning Department.
3. Comply with all applicable Federal regulations as contained in OMB A-102, Attach-
ments A and B, in the determination of allowable costs in the administration and
provision of services of this activity.
4. 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. 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.
6. Records will be kept and monthly reports submitted to the County_Planning Depart-
ment. Report format is to be in a manner acceptable to the County Planning
Department. '
7. Provide the County Planning Department with a preliminary analysis of the effec-
tiveness cost and other relevant parameters of the program at the end of the first six
months of operation; and a final report at the end of the contract period.
E. PROJECT ADMINISTRATION
Contractor should indicate who will be responsible for administering the Work
Program.
Diane Sprouse, Executive Director
Housing Alliance of Contra Costa County
1583 Galindo Street
Concord, CA 94520
825-4663
Selma King
Shared Housing Coordinator
(Address & Phone same as above)
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: Housing Alliance ACTIVITY NUMBER: 9-4
1583 Galindo
Concord, CA 94520
BUDGET PERIOD: August 1, 1983-July 31,1984
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total -$
Staff $18,084 -0- $182084
- Shared housing coordinator,
shared housing aides
- Benefits -
Program Expenses $ 11916 -0- $ 19916
Mileage, telephone, postage,
publicity, rental of outreach
office space.
e
TOTAL $209000 $20,000_:-`
Notes: (a) Detailed categories pursuant to OMB A-102.
(b) Items are eligible to be funded by CDBG funds.
(c) Estimate of other necessary expenditures that cannot be funded with CD
monies; and indication of anticipated sources.
(d) Sum of (b) and (c) above including both Community Development and non-
community Development funds.
(e) 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;
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 11 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. 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.
s,.
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:
r
(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
f
�O�g�NO qt(/,gNcF
94ousing (-,Affiance n
OF CONTRA COSTA 06 Contha Costa County, 9nC.
Central County Housing Hotline West County Housing Hotline
® 1583 Galindo Street ❑ 3767'A'San Pablo Dam Road
Concord, CA 94520 EI Sobrante, CA 94803
825-4663 222-0145
a rte-c�
C
Q 2
... :X-V
to CD
V1 M
.d n
Resolution No. 5-83: Authorize President and Executive M C,
Director to execute contract with the County of Contra $
Costa for a Demonstration Grant of $20,000 for Shared 0; z�
Housing and any subsequent amendments to said contract.
The above is a certified copy of the Resolution passed
at the Housing Alliance Board of Director's meeting held
on July 21, 1983.
JW4
Pauline Suez
Administrative Assistant
a
A FAIR HOUSING AGENCY
CONTRA COSTA COUNTY
PLANNING DEPARTMENT
TO. M. G. Wingett DATE: August 8, 1983
County Administrato
Request for Approval of the
FROM: Anthony A. Dehae l SUBJECT: Ninth Year (1983-84) CDBG Program
C Director of Planni Project Agreements; Housing Alliance
r of Contra Costa County
V 7I
Attached please find five copies of the Ninth Year Community Development Agreement
with the Housing Alliance which implements Activity #9-4 Shared Housing Program with
a payment limit of $20,000. This agreement has been approved by the Housing Alliance
Board of Directors and County Counsel's Office.
Please place this item on the agenda for the next Board meeting.
AAD/mbX
attachments
e
RECEIVED
AUG A 1983
/J R. OLSSON
CLERK ARD OF SU RVISORS
L R
c
7
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 2 , 1983 , by the following vote:
AYES: Supervisors Powers , Fanden, McPeak, Torlakson, Schroder .
NOES: None.
ABSENT: None .
SUBJECT: Approval of Community Development Block Grant Program Project
Agreement and Reallocation of Funds; Pacific Community Services, Inc.
The Board, having heard the recommendation of the Director of Planning,
that it approve the Ninth Year ( 1983-84) CDBG Program agreement with Pacific
Community Services, Inc. for implementation of continuing Activity #1-Housing
Development Assistance, Land Acquisition with an allocation of $444,000 and carry-
over from the previous year of $24,346.82 for a total payment limit of $468,346.82;
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 Suporvlso on the dale shown.
ATTESTED:
J.R. OLSSON) OUNITY CLERW
and ex officio Cleric of tine Board
19
—=--�� Dep°ti
Orig. p Planning
Dept.:
Counse
Auditor-Controller
County G-euri;u l V 61n11V 6rXW ree
Contractor
STATE OF CALIFORNIA ^ On this day of Jy in the year
COUNTY OF (,_eh+ratse.0 3 before me
Simi 1 , a Notary Publi , State of California,
du co oris i ed sworn,personally appeared YY
1
personally own o m (orpGroved t me on the basis ofsatisfac or evidence)
F 1C G j)i CG-1& -* lie c v er
OFFICAL SEAL to be the hC1; tw t �. 1✓� S. o the co oration
(VOTARY PUBLIC-CALIFOINIA that executed the wi in instrument, and also known to me to be the
CONT3A COSTA COUNTY person-s who executed the within instrument on behalf of the corpora-
SALLY J. SMITH
MY COMMISSION EXP. 12116185 tion therein named, and acknowledged to me that such corporation executed
the same
IN WITNESS WHEREOF I have hereunto set my hago ano affix
my official seal in the County of
Vale docwnem w only a general fam which may be proper for use In simpleof
set fort above ' this'ce i ca te.
pvnrAons"In no way ecb,a is,IrderWed to ad.as a subsMute fa the
advice M an attorney.The publisher does not make adv warranty either express or implied as to
"legal yaaday of any jonnaaion a the suitability of these Morns in any specific banswbon.
Cowdery's Form No. 28—Acknowledgement No Public, S�tat�e of California
to Notary Public—Corporation(C.C. Secs. 1190.1190.1) My commission expires
.r
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 1
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: Pacific Community Services, Inc.
Address: 501 Railroad Avenue
P. O. Box 1397
Pittsburg, CA 94565
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
$468,346.82.
5. County's Obligations.
County shall make those allocation payments to the contractor described in.the
"Payment Provisions" attached hereto which are incorporated herein by reference,
subject to all terms, conditions, and assurances contained or incorporated herein.
6. General Conditions and Assurances.
This Agreement is subject to the "General Conditions" and the "Assurances"
attached hereto, which are incorporated herein by reference.
7. Contractor's Obligations.
Contractor shall provide those services and carry out that work as described in and
in accordance with the "Project Work Program" attached hereto, which is incor-
porated herein by reference, subject to all the terms, conditions and assurances
contained or incorporated herein. .
8. Project.
This Agreement implements in.whole or in part the following described project, the
application and approval documents of which are incorporated herein by reference:
That Project as described in the Final Statement of Community Development
Objectives and Project Use of Funds dated February 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 s' natu es att4est the parties' agreement hereto:
COUNTY OF O ALIFORNIA CONTRACT R
gy. � By: President
jF Chairman, Board of Supervisor Designate Ciflicial Capacity
ATTEST: J. R. OLSSON, County ClerkOr ization)
Executive
/J ice=P.re's:.
By: t/ By:
eputy Designate Official Capacity Treasurer
,
in Organization)
Recommerided by Dep tment
r Note to Contractor:
(1) If a public agency, designate official
capacity in public agency and attach a certi-
t/ i � Antiony A. Deh esus fied copy of the governing body resolution
authorizing execution of this agreement.
Form Approved: C unty Counsel (2) All others: Execute acknowledgment
form above, and if a corporation, designate
official capacity in business, execute acknow-
By: — �� . ledgment form and affix corporation seal.
Deputy
(Affix Appropriate
Acknowledgement Form)
6 Page 2
EXHIBIT A
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT PROGRAM 1983-1984
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
PCSI is in the process of producing a mixed-income Planned Unit Development (PUD)
entitled "Havenwood Village" on a 21.6 acre site in Brentwood. An approved tentative map
for 131 units, solar heated swimming pool, cabana and tot lot is the basis for future Design
Review and Final Map submittals as the next step in the local approval process. A
development team to include the architect, landscape architect and civil engineer will take
a comprehensive design approach to reduce long-term energy costs and maintain the overall
desirability of the project. The zero-lot-line concept has been chosen to maximize land use
and enhance a sense of privacy on smaller lots. Innovative mortgage financing is proposed
for lower income buyers through an All-Inclusive Trust Deed (AITD) program to be
structured by PCSI working with a local lender. A take-out commitment from the Savings
Association Mortgage Company (SAMCO) has been secured for 14 loans at below market
rate terms to buyers at or below 50% of median income.
Interest Rates to purchasers will be competively low due to the favorable terms through
SAMCO and the Contra Costa County Bond Program. Additional market rate financing
utilizing FHA/VA and/or FNMA needs to be secured.
A deferred loan assistance fund is to be generated from mark ups of units and recapture of
CDBG Funds in order to create a source of funds for PCSI's participation in the AITD loans.
Grand Funds will be used to promote economic feasibility through measures such as
predevelopment and land write downs.
B. PROJECT TIME SCHEDULE
Time Schedule on a month-by-month basis for the above Project indicating when major
activity items are expected to be undertaken and completed.
Work Item Start Date Completion Date
1. Architectural and Landscape Design ongoing July 1983
2. Design Review ongoing August 1983
3. Complete Homeowners Budget and CC&Rs ongoing August 1983
4. Department of Real Estate (DRE) Preliminary ongoing Sept. 1983
Subdivision Approval
5. Final Acquisition Payment August, 1983 August, 1983
6. Final Map Approval/Recordation ongoing Oct. 1983
7. DRE Subdivision Approval ongoing Oct. 1983
8. Close Construction Loan ongoing Oct. 1983
9. Marketing and Presales ongoing Feb. 1984
10. Close of Escrow on 1st Unit ongoing April 1984
C. PROJECT GOALS
Contractor shall define project objectives.
1. Provide 130 units of new housing of which at least 65 will be available to low and
moderate income families in Contra Costa County in a mixed income project.
2. Facilitate reduced energy consumption/costs to residents through energy efficient
design of units, siting, and development plans.
3. Create a viable neighborhood that will continue to provide satisfaction to residents and
larger Brentwood community.
Page 3
PROJECT WORK PROGRAM
D. PERFORMANCE STANDARDS
Contractor should indicate, where applicable, what performance standards (details of
project implementation) will be applied in implementing the Work Program.
1. In all contracts, purchase agreements, invoices entered, the contractor shall comply
with all applicable provisions contained in the County's "Guide for 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 comply with the provisions of and obtain the required signed Equal
Opportunity/Section 3 Compliance Form signed by the supplier prior to the receipt of
any goods or initiation of any services. The required forms are available from the
County Planning Department.
3. In the Comprehensive Housing Counseling Program, comply with all applicable Federal
regulations as contained in OMB Circular A-122, "Cost Principals for Non-Profit
Organizations" in the determination of allowable costs in the administration and
provision of services of this activity.
4. Records will be kept and monthly reports made and submitted to the County Planning
Department providing the following information:
a. Total contacts and counseling sessions -whether landlord, tenant, homeowner,
agency.
b. Geographical resident of client.
c. Types of requests, other needs.
d. Result of contact with PEHDC.
e. Participation of clients, volunteers, staff in training programs, workshops, classes.
f. Reports on other funding proposals, their results.
5. All contacts under $10,000 entered into shall be in compliance with procurement
procedures contained in Office of Management and Budget (OMB) Circular. A-102,
attachment 0 and other applicable HUD regulations.
6. Shall, at a minimum, notify applicable minority owned business firms located in Contra
Costa County of bid opportunities for Community Development funded projects and
maintain documentation of such efforts. A listing of minority owned businesses located
in Contra Costa County and neighboring counties is availiable from the County Planning
Department.
In addition, the following performance standards shall apply to the housing production
component:
7. The contractor shall utilize, for purposes of determining low and moderate income,
income limits as adjusted for family size and published for the CDBG program by the
U.S. Department of Housing and Urban Development.
8. The contractor shall take steps to protect the investment of public funds in the
structuring of the AITD (All Inclusive Trust Deed) program, said steps to be approved by
the County.
Page 4
E. PROJECT ADMINISTRATION
Contractor should indicate who will be responsible for administering the Work Program.
Tom La Fleur, Housing Director
Richard Beyer; Executive Vice-President
Pacific Community Services Corporation
501 Railroad Avenue
P. O. Box 1397
Pittsburg, CA 94565
439-1056
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 soilving 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: I
BUDGET PERIOD: April 1, 1983-March 31, 1984
Pacific Community Services, Inc.
P. O. Box 1397
Pittsburg, CA 94565
(a) (b) (c) (d)
Budget Item CD Funds .- $ +Other Funds - $ =Total -$
1. Housing Development $ -0-
Assistance
Administration $ 559200.00 $ 55,200.00
Staff Salaries
Fringes
Travel
Office Expense
Misc.
Land Acquisition $4139146.82 $ -0- $413,146.82
R.E. Taxes
Principal
Interest
e
TOTAL $468,346.82 $ -0- $468,346.82
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/con tractor 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
i
GENERAL CONDITIONS
1. Compliance0th Law. Contractor shall be set 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.
1""�`r .rte w1+.-. t �,,,•a� ,:F s.r'. �- !K. s 4�'!`°ri`��."r+�Z„�t.'�"F^',�6""'*C�� ^ff'F�`7� �9.a.+,} �` � Y'�yfrf4'�ti,�'�.�,y..�,�
r { i. � ...,{ F l'fva^ ... .i -r..� _.. = A ✓'t.� r 1u<4��� ��ii _ rr
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
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 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
,+2 • • /,�
Contra Costa County
RECEIVED
CONTRA COSTA COUNTY IJUL` 2 6 .1983
PLANNING DEPARTMENT
Office of
County Administrator
TO: M. G. Wingett DATE: July 26, 1983
County Administrato
Approval of the Ninth Year (1983-84)
FROM: Anthony A. Dehaes SUBJECT: CDBG Program Project Agreement,
Director of Plann Pacific Community Services, Inc.
116KcEM011r
Attached please find five copies of the Ninth Year Community Development with
Pacific Community Services, Inc. to implement continuing Activity #1 Housing
and Development Assistance-Land Acquisition with an allocation of $444,000
and carryover from the previous year's activity of $24,346.82 for a total
payment limit of $468,346.82.
This agreement has been approved by County Counsel and Pacific Community
Services Executive Board of Directors. Please place this item on the agenda
for the next Board meeting.
A
AAD:gg
Attachments
RECEIVED
A U GL)-483
J. R. OLSSO
OARD OF S RVISORS
T
B ... . ..._.._.....----- e u
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
July 26 , 1983 b the following vote:
Adopted this Order on y g
AYES: Supervisors Fanden , MCPeak- , Torlakson , Schroder.
NOES: None.
ABSENT: Supervisor Powers .
ABSTAIN: None ..
SUBJECT: APPROVAL OF AMENDMENT TO THE NINTH YEAR (1983-84)
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROJECT
AGREEMENT AND REALLOCATION OF CARRYOVER FUNDS WITH THE
HOUSING ALLIANCE OF CONTRA COSTA COUNTY, ACTIVITY #9-7;
ORIGINAL AGREEMENT APPROVED ON MAY 249 1983
The Board having heard the recommendation of the Director of Planning
that it approves first amendment to the Ninth Year Agreement. which incorporates
$11,492.70 in carryover funds from the previous program years activity #8-6 Housing
Counseling increasing the payment limit from $85,000 to $96,492.70;
IT IS BY THE BOARD ORDERED that the above recommendation is
approved and that its Chairman is authorized to execute said amendment.
1 hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervl s on the date shown.
ATTESTED:
J.R. OLSSON, COUNTY CLERk
and ex officio Clerk of the Board
Deputy
Orig. Dept.: Planning Department
CC: County Administrator
Auditor-Controller
County Counsel
Contractor
1
AMENDMENT TO PROJECT AGREEMENT .
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
(County and The Housing Alliance of Contra Costa County, Inc.)
(9th Year (1983-84 )Activity #7)
SECTION 1. Parties
Effective on July 1, 1983 the County of Contra Costa, a political Subdivision of the State
of California, hereinafter referred to as the "County", and The Housing Alliance hereinafter
referred to as "Contractor", hereby amend their Ninth Year Agreement entitled "PROJECT
AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" as follows:
SECTION 2. Alteration
I.
114. Allocation Payment Limit
County's total payments to Contractor under this Agreement shall not exceed
$969492.70.
Page 2
PROJECT WORK PROGRAM
II. H. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE
CONTRACTOR: ACTIVITY NUMBER: 7
BUDGET PERIOD: May 1, 1983-March 31, 1984
Housing Alliance
2480 Pacheco Street
Concord, CA 94520
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total -$
7. Staff $70,440 -0- $70,440
- Coordinator Assistant
Coordinator
- West County Manager
- Housing Counselors
- Administrative Secretary
- Clerk-Assistant Counselor
Bookkeeper
Office Space $12,544 -0- $12,544
- Rent for two offices
Utilities, Janitorial Services
Office Expense $ 92650 -0- $ 99650
- Office Supplies
Office Equipment Purchase
and Repair
- Printing, Postage, Telephone
Administrative Expenses $ 29029 -0- $ 21029
- Auto Mileage Allowance
- Auditor, Insurance
Other Program Costs $ 12829.70 -0- $ 11829.70
- Professional Training
Development
- Legal Consultant -
- Resources Supplies
- Discrimination Investigation
- Legal Expenses
(e)
TOTAL $96,492.70 $ -0- $969492.70
Notes: (a) Detailed categories pursuant to OMB A-102.
(b) Items are eligible to be funded by CDBG funds.
(c) Estimate of other necessary expenditures that cannot be funded with CD
monies; and indication of anticipated sources.
(d) Sum of (b) and (c) above including both Community Development and non-
community Development funds.
(e) Contra Payment Limit for CD project.
STATE OF CALIFORNIA On this day of_�V� in the year
COUNTY OF 9 3 before me
W, 20M a Notary Public State of California,
duly commissioned and sworn,personally appearedA� Tf
DIW£ . 2o05c
4�oaoO�0000�ooOv personally known to mg proved,tp me on the bas{'s of satisfactory evidence)
OFFICIAL SEAL
ES to be the Pte e5*di I (�/1(eCu7111� l�.l°Qao e of the corporation
JAMW. JONES that executed the within instrument, and also known to me to be the
'o M1 NOTARY PUBLIC — CALIFORNIA persons who executed the within instrument on behalf of the corpora-
Contra Costa County tion therein named, and acknowledged to me that such corporation executed
My Commission Expires Oct. 21, 1983
the same
IN WITNESS WHEREOF I have hereunto set my hand an# affixed
my official seal in the County of f nAyrtp q
Title 0ocurwn is ay a general lam wlnr3t may Ca props for us,In simple on t date set forth above in this certificate.
aemimmi s and in no way acb,or is Intended m W.ae a substitute tar me
&*h0e of an aaanw.The pubGS w ease not make any wanarny area,express a InphW as b
Via Wo aakGXy,of any,Myte m or the witaaeny of mem rorms in any speatp baneadion. Notary Public, State of California
Cowdery's Form No. 28—Acknowledgement
to Notary Public—Corporation(C.C. Secs. 1190-1190.1) My commission expires d d ax3
Page 3
SECTION 3. Reaffirmance
Said May 1, 1983 Agreement, entitled "PROJECT AGREEMENT COMMUNITY DEVELOP-
MENT BLOCK GRANT PROGRAM" except as herein-above amended shall remain in full
force and effect.
COUNTY OSTA, CALIFORNIA CONTRACTOR
B `�
By By
Chairman, Board of Supervisors Des' nate Offic' 'Cap city
in Organization)
ATTEST: J. R. OLSSON, County Clerk
By
Deputy (Designate Official Capacity
in Organization),E}c.F-Cvr10E-)
Recom ended by epartment
>� Note to Contractor: 1) If a public agency,
designate official capacity in public
By agency and attach a certified copy of the
esi nee, A thony A. ehaesus governing body resolution authorizing the
Directorof Planning execution of this agreement.
2) All others: Execute acknowledgement
form above,and if a corporation,designate
Form Approval: County Counsel official capacity in business, execute
acknowledgement form and affix corpor-
ation seal.
By
Deputy
(Affix appropriate acknowledgement form)
SE:lsw
�ovs`ao 4
1
t144F
94ousing (}Affiance n
F CONTRA COSTA 0� COntho COSto Nunty, 9nC.
Central County Housing Hotline West County Housing Hotline
❑ 1583 Galindo Street O 3767'A'San Pablo Dam Road
Concord, CA 94520 EI Sobrante, CA 94803
825-4663 222-0145
Resolution #4-83: Authorize President and Executive Director
to execute amendment to contract with the County of Contra Costa
for 9th program year 1983-84.
July 11, 1983
ulinPa
Administrative Assistant
A FAIR HOUSING AGENCY
• /Sol--
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
June 28 , 1983
Adopted this Order on , 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 Block Grant
Program (CDBG) Project Agreement and Transfer of Fundss Neighborhood
. House of North Richmond, Inc.
The Board having heard the recommendation of the Director of Planning
that it approve the Ninth Year CDBG Program Project Agreement implementing
Activity #9-19-Senior Center Construction with a payment limit of $406,322.83,
comprised of $300,000 Ninth Year allocation and transfers of $75,000 from Contingency
and $31 ,322.83 from Fifth Year Activity #5-37-Senior Center Construction ;
IT IS BY THE BOARD ORDERED that the above recommendation is approved and the
Chairman is authorized to execute said agreement.
1 hereby certify that this Is a true and correct cop+•0
an action taken and entered on the minutes of a�
Board of Supervisors on the date shcruvn.
ATTESTER: J.3 _
J.R. OL Did, COUNTY CLERK
and a.' officio Clerk of the Board
DLq
Orig. Dept.: P 1 ann i n g
cc: County Administrator
Auditor-Controller
County Counsel
Contractor
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 9-19
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: Neighborhood House of North Richmond, Inc.
Address: 321 Alamo Avenue
Richmond, CA 94801
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
$406,322.83.
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.
Thes ign ure attest the parties' agreement hereto:
COUNTY O A CALIFORNIA CONTRA TOR/ /
By:X By:
Chairman, Board of Supervisors (Designate Official Capacity
ATTEST: J. R. OLSSON, County Clerk n in Organization)
111
By; By r, Oh IQrS� i bj-ee ? Ys
D puty Designate Official Capacity
4ote
'' in Organization)
Recommend by Depa meet to Contractor:
"Zo (1) If a public agency, designate official
By: capacity in public agency and attach a certi-
Anth y A. Deh sus fied copy of the governing body resolution
authorizing execution of this agreement.
F Appr ved: Cou ty Counsel (2) All others: Execute acknowledgment
form above, and if a corporation, designate
,�• �1 o- ,� °' official capacity in business, execute acknow-
By: ledgment form and affix corporation seal.
00 D put.
(Affix Appropriate
Acknowledgement Form)
STATE.OF CALIFORNIA On this_17th day of June in the year
COUNTY OF CONTRA COSTA Nineteen Hundred Eighty Three before me
Lillie P. Thomas , a Notary Public, State of California,
L duly commissioned and.sworn,personally appeared Lloyd G. Madden
---- ------------------------------------------------
(or proved to me on the basis of satisfactory evidence)
OFFICIAL SEAL to be the Executive Director of the corporation
LILLIE P THOMAS
that executed the within instrument, and also known to me to be the
NOTARY PUBLIC • CALIFORNIA -
CriNTRA COSTA COUNTY person who executed the within instrument on behalf of the corpora-
My comm. expires AUG 13. 1986 tion therein named, and acknowledged to me that such corporation executed
the same ------------'--- .
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the State of California,-. of Contra
Costa
Pftcl is y.,o.•uro�mw m.r�wave «�.0 - on the dates forth a ove in this certificate.
auuaca""m M way x ,a e emailed to M.u e autnmule for mo
- ae,;McOmMWM@y.rn.pjtMmurotor&emywwwtyOMWG.a•eao,Imw�edd,m 1 -IYI�CCc'.�
u.Ina!v.Iwty of any p m ma awlanmty of masa fo me In my epeae aaaea m. Notary Public, State of California
Cowdery's Form No.28—Acknowledgement
to Notary Public—Corporation(C.C.Secs. 1190-1190.1) My commission expires August 13, 1986
STATE OF CALIFORNIA On this lith day of Jae in the year
COUNTY OF.CONTRA COSTA Nineteen Hundred Eighty Three before me
------------------------
` , a Notary Public, State of California,
k duly commissioned and sworn,personally appeared Matthew M. Baines
r– -----------------------------------------------------
, ••- ,. �•�'' ,� � or proved to me on the basis o£satisfactory evidence)
OFFICIAL'SEAA -•r1 to be the Chairman Board of Directors of the corporation
s' LILuE P TF10MAS,Ft� t3 1986 that executed the within instrument, and also known to me to be the
NOTARyrPUBIIC'-�AUFORNIA -
rEONTRA COSTA OOUNTY person who executed the within instrument on behalf of the corpora-
" My comm. expires AUG 13, 1986
tion therein named, and acknowledged to me that such corporation executed
the same ----------------------------------------------.
1N WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the State of California County of Contra
t w
mp
I.,
awraceaw rre ouo wa dI--avinawan,
Costa-----------------
Thr on the dates Ort�/y"a ovo in this certificate.
ad eoMura r 0'-V•yarrY Iwm NrM—Y a pMM.wr a uw n urnpb // Jam./!•-s""
r d an aearrry.The pAgwkw mW"wwraf" aMme ern nd sew Milore ae ( f ��—
e.laon M ddy a aro pmv a els aueaalily M e nlms n any epwft Vw Notary Public, State of California
Cowdery's Form No. 28—Acknowledgement August 13, 1986
to Notary Public—Corporation (C. C.Seca. 1190.1190.1) My commission expires
Page 2
EXHIBIT A
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT PROGRAM 1983-1984
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
19. Construction of a senior center located at the corner of 5th and Silver Streets in the
unincorporated area of North Richmond. This building will be approximately 3,600 square
feet single story design.
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
Advertise Bid April 1983 May 1983
Award June 1983
Construction July 1983 Jan. 1984
Inspection July 1983 Jan. 1984
C. PROJECT GOALS
Contractor shall define project objectives.
Construction of a senior center. This project will benefit primarily low and moderate
income people and senior citizens in the North Richmond area.
Page 3
PROJECT WORK PROGRAM
D. PERFORMANCE STANDARDS
The performance standards indicated (details of project implementation) will be applied in
implementing the Work Program.
I. 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.
Lloyd Madden
Executive Director
Neighborhood House of North Richmond
321 Alamo Avenue
Richmond, CA 94801
(415) 235-9780
Page 4 • •
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 representatives,
where applicable, to discuss progress of the Contractor toward achieving stated
work program objectives and to assist Contractor's staff in solving problems.
2. Contractor shall maintain and submit Quarterly Progress Reports to the County
Planning Department.
3. Contractor shall maintain and submit quarterly monitoring and progress reports on
work performed by sub-contractors.
G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE
CONTRACTOR: ACTIVITY NUMBER: 9-19
CENSUS TRACT: 3650.02
Neighborhood House of North Richmond
321 Alamo Avenue BUDGET PERIOD: April 1, 1983-March 31, 1984
Richmond, CA 94801
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total -$
19. Senior Center $406,322.83 $ -0- $4062322.83
Plans/Specifications
Architect
Project Manager
Construction
Misc.
e
TOTAL $4069322.83 $ -0- $406,322.83
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 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
t (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 Il 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
t
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) `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.
Page 4
21. Available Copies. Copies of the County's Project documents (as speci-
fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues,
regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be
available at all times for inspection by the Contractor during regular business hours at the
Offices of the Planning Department, Martinez, California.
22. Retained Powers. All powers not explicitly invested in the Contractor
remain in the County.
23. Project Development.
(a) If the Project includes construction, the construction plans and
specifications shall be reviewed and approved by the Contractor before construction is
commenced.
(b) The Contractor shall secure completion of the construction work in
accordance with the approved construction plans and specifications.
(c) If the Project includes acquisition of real property, the purchase
price for such property shall be determined in accordance with the requirements
contained in Department of Housing and Urban Development (HUD) Handbook 1376.1,
Relocation and Real Property Acquisition. The appraisal reports and qualifications of
appraisers shall be submitted for review and approval by the County before initiation of
the acquisition procedure. Contractor agrees to furnish County preliminary title reports
respecting such real property or such other evidence of title which is determined to be
sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at
the close of escrow any defects of title which in the opinion of County might interfere
with the operation of the Project. In condemnation actions such title defects must be
eliminated by the final judgement.
24. Project Termination.
It shall be a policy of the County that any project funded in any way
through the Community Development Program that is cancelled, abandoned or fails during
the contract period or is otherwise completed, all remaining funds allocated shall be
immediately returned to the County. Property acquired with the use of federal funds, in
whole or in part, under the Community Development Program that falls to disuse, is
abandoned or is no longer needed for the original intended purpose within 20 years of
acquisition, will be disposed of in accordance with OMB Circular A-102, Attachment N,
with prior written approval and coordination with county staff.
la
PAYMENT PROVISIONS
1. Pavment Basis. County shall in no event pay to the Contractor a sum in excess
of the total amount specified in the Payment Limit of this Agreement. Subject to the
Payment Limit, it is the intent of the parties hereto that the total payment to Contractor
for all services provided for County under this Agreement shall be only for costs that are
allowable costs (see Paragraph 3 below) and are actually incurred in the performance of
Contractor's obligations under this Agreement. All payments made under this Agreement
shall be from Federal funds only. No general County funds shall be expended under this
Agreement. If, for any reason whatsoever, County does not receive such Federal funds,
Contractor agrees that County shall have no payment obligation hereunder.
2. Payment Amounts. Subject to later adjustments in total payments in accordance
with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and
subject to the Payment Limit of this Agreement, County will pay Contractor an amount
equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget
of Estimated Program Expenditures" contained in the Project Work Program.
3. Allowable Costs. Contractor's allowable costs are only those which are
determined in accordance with all Federal regulations, guidelines, bulletins, and circulars
pursuant to Title I of the Housing and Community Development Act of 1974, as published in
the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be
revised and amended. All of the aforesaid documents are by this reference incorporated
herein.
Costs incurred in carrying out the project, whether charged to the project on a direct
or an indirect basis, must be in conformance with the requirements of OA1B 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
THE BOARD OF DIRECTORS
1 OF
NEIGHBORHOOD HOUSE OF NORTH RICHMOND
In the Matter of the President)
and Executive Secretary's )
Authorization To Execute Con- )
tract For Construction Phase )
of Senior Citizens Center )
June 14 , 1983
WHEREAS, on June 14 , 1983 , the Board of Directors of Neigh-
borhood House of North Richmond, concurred that the President,
Matthew M. Barnes, and Executive Secretary, Lloyd G. Madden, be
authorized to execute a contract between Neighborhood House of
North Richmond and the County of Contra Costa, for the construc-
tion phase of the Senior Citizens Center.
NOW, THEREFORE, on motion duly made and seconded, it was
RESOLVED, that the President, Matthew M. Barnes, and Executive
Secretary, Lloyd G. Madden, are hereby authorized to enter into,
execute, and deliver in the name of and on behalf of Neighborhood
House of North Richmond all instruments and contracts deemed
necessary and proper for the construction of the Senior Citizens
facility.
I, the undersigned, do hereby certify:
That I am the Recording Secretary of Neighborhood House of North
Richmond, a nonprofit corporation, and the foregoing resolution
was duly adopted by the Board of Directors of Neighborhood House
of North Richmond, on the 14th day of June 1983 .
IN WITNESS WHEREOF, I have subscribed my name and affixed the seal
of said corporation on this 14th day of June 1983 ..
Barbara J J nson
Recordin Secretary
CONTRA COSTA COUNTY
PLANNING DEPARTMENT
TO: M. G. Wingett DATE: July 15, 1983
County Administrato
Approval of the Ninth Year (1983-84
FROM: Anthony A. Dehaestj " SUBJECT: Community Development Program
-�_ Director of Planni Project Agreement and -Transfer -
of CDBG Funds
Attached please find five copies of the Community Development Block Grant
(CDBG) Program project agreement implementing activity #9-19 - Senior
Center Construction. This agreement has a payment limit of $406,322.83,
of which $300,000 is from the Ninth Year allocation, $75,000 from Eighth
Year Contingency and $31 ,322.83 transferred from Fifth Year activity #37-
Senior Center Construction.
This agreement has been approved by the Board of Directors of the Neighbor-
hood Nouse of North Richmond, Inc. and County Counsel 's Office.
Please place this item on the agenda for the next Board meeting.
AAD:gg
Attachments
RECEIVED
p
1!!.1.N1 qT 1q83
/J J. R. OLSSON
CJ( JC BOARD OFa6UPERVISORS
1?3
•
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 7 , 1983 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 Block Grant
Program Project Agreement with Pacific Community Services, Inc.
The Board having heard the recommendation of the Director of Planning
that it approve the Ninth Year (1983-84) Community Development program project
agreement implementing Activity #9-8-Housing Counseling with a payment limit
of $50,000;
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 the date shown.
ATTESTED: -3
J.R. OL ON, COUNTY CLERK
and ex officio Clerk of the Board
By Deputy
Orig. Dept.: Planning
cc: County Administrator
Auditor-Controller
County Counsel
Contractor
v
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 9-8
1. Agreement Identification.
Department: County Planning Department
Subject: Allocation of Federal funding under Title I of the Housing and
Community Development Act of 1974, as amended.
2. Parties.
The County of Contra Costa, California (County), for its Department named above,
and the following named Contractor mutually agree and promise as follows:
Contractor: Pacific Community Services, Inc.
Address: P. O. Box 1397
Pittsburg, CA, 94565
3. Term.
The effective date of this Agreement is.Apxil 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
$509000 .
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: K /arz �a,,�51I� B
Chairman, Board of Supervisors Designate Official Capacity
ATTEST: J. R. OLSSON, County Clerk
in Organization)
' l7e, By:
By: Designate Offial Capacity
Dep y in Organization)
Recommende by Depart nt Note to Contractor:
\ S (1) If a public agency, designate official
capacity in public agency and attach a certi-
\ By: fied copy of the governing body resolution
\ Akrithon ehaesi6s authorizing execution of this agreement.
'or ppr ed: Coun Counsel (2) All others: Execute acknowledgment
form above, and if a corporation, designate
_ official capacity in business, execute acknow-
ledgment form and affix corporation seal.
\ Deputy
(Affix Appropriate
\�\ Acknowledgement Form)
r
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
F 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 5
The Contractor shall provide County with a Certificate 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, 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 complying
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
perperly any of its obligations under this Agreement.
10. Payment Specifications. Subject to the following payment specifications, the County
will pay Contractor the following fees: (Housing Counseling Component only)
(a) J4 167 total fixed fee payment, payable monthly in accordance to the fee payment
schedule in Item II, Fixed Fee Payments, below.
(b) Monthly Services Report. Contractor shall submit with monthly demand for
payment a Monthly Services Report which documents performance of Contractor in
the event the Contractor's performance indicates a shortfall in achieving project
goals, Contractor shal provide County with such written documentation which
justifies submittal of the demand.
11. Fixed Fee Payment Schedule. The above program budget shall be subject to the
following fixed fee payment schedule for the line items of Administration and Services
providing the Contractor submits demands at least 6 working days prior to payment date:
Payment Date Period Total
May 13, 1983 April 1-30, 1983 49167
June 15, 1983 May 1-31, 1983 49167
July 15, 1983 June 1-30, 1983 41167
August 14, 1983 July 1-31, 1983 49167
Sept. 15, 1983. August 1-31, 1983 41167
Oct 15, 1983 September 1-30, 1983 49167
Nov. 15, 1983 October 1-31, 1983 49167
Dec. 15, 1983 November 1-30, 1983 49167
Jan. 15, 1984 December 1-31, 1983 49167
Feb. 15, 1984 January 1-31, 1984 49167
March 15, 1984 February 1-29, 1984 4,167
April 15, 1984 March 1-31, 1984 4,163
Total $509000
13. Prograrn Specifications. Contractor shall provide a Comprehensive Housing Service
Program to serve residents of Supervisorial District V, providing direct services to low
and moderate income persons and households as follows: landlord/tenant relations;
housing discrimination; mortgage default and delinquency counseling; and information
and referral services.
Page 2
EXHIBIT A
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT PROGRAM 1983-1984.
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
Comprehensive Housing Service Program to serve residents of Supervisorial District V
Program providing direct services to low and moderate income persons and households
regarding landlord/tenant relation, fair housing, mortgage default and delinquency counsel-
ing, information and referral services.
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
Continuation of Comprehensive April 1, 1983 March 31, 1984
Housing Service Program to provide
following services:
1. Dissemination of Counseling Program Information
2. Mortgage Default and Delinquency
3. Fair Housing Services
4. Rent Payment Delinquency
5. Tenant/Landlord Mediation
6. Information and Referral
7. Developments of Monthly Progress Reports on Services Rendered
8. Development of New Funding Sources
C. PROJECT GOALS
Contractor shall define project objectives.
Comprehensive Housing Services Program - Provision of services to 438 cases including 156
mortgage default and delinquency cases, 20 rent .payment delinquency cases, 88 tenant/-
landlord relationship cases and 175 information and referral services by March 31, 1984.
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, the contractor shall comply
with applicable provisions contained in the County's "Guide for Compliance with
Assurances and Certifications Under the Housing and Community Development Act".
2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the
contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance
Form signed by the supplier service prior to the receipt of any goods or initiation of any
services. The required forms are available from the County Planning Department.
3. In the Comprehensive Housing Counseling Program, comply with all applicable Federal
regulations as contined in OMB Circular A-122, "Cost Principals for Non-Profit
Organizations" in the determination of allowable costs in the administration and
provision of services of this activity.
4. Records will be kept and monthly reports made and submitted to the County Planning
Department providing the following information:
a. Total hotline contacts and counseling sessions - whether landlord, tenant, home-
owner, agency.
b. Geographical resident of client.
c. Types of requests, other needs.
d. Result of contact with the Housing Alliance.
e. Participation of volunteers in project.
f. Participation of clients, volunteers, staff in training programs, workshops, classes.
g. Reports on other funding proposals, their results.
5. All contracts under $10,000 entered into shall be in compliance with procurement
procedures contained in Office of Management and Budget (OMB) Circular A-102,
Attachment 0 and any other applicable HUD regulations.
6. Shall, at a minimum, notify applicable minority owned business firms located in Contra
Costa County of bid opportunities for Community Development funded projects and
maintain documentation of such efforts. A listing of minority owned businesses located
in Contra Costa County and neighboring counties is available from the County Planning
Department.
E. PROJECT ADMINISTRATION
Contractor should indicate who will be responsible for administering the Work Program.
Tom La Fleur, Housing Director
Richard Beyer, Executive Vice-President
Pacific Community Services Corporation
501 Railroad Avenue
P. O. Box 1397
Pittsburg, CA 94565
439-1056
Page 4
PROJECT WORK PROGRAM
F. PROGRAM MONITORING
1. Contractor's staff will meet at least once per quarter with appropriate County staff and
Housing and Community Development Advisory Committee representatives, where
applicable, to discuss progress of the Contractor toward achieving stated work program
objectives and to assist Contractor's staff in solving problems.
2. Contractor shall maintain and submit Quarterly Progress Reports to the County
Planning Department.
3. Contractor shall maintain and submit quarterly monitoring and progress reports on work
performed by sub-contractors.
G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE
CONTRACTOR: Pacific Community Services Corp. ACTIVITY NUMBER: 8
P. O. Box 1357
Pittsburg, CA 94565
BUDGET PERIOD: April 1, 1983-March 31,1984
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total -
Housing Counseling Services $50,000 -0- $50,000
Housing Counseling Component
- Personnel
Salaries
Fringe Benefits
Travel Expenses
- Space
- Office Equipment & Utilities
- Materials & Supplies
- Contract Services
- Training & Development
- Program & Administrative Costs
(e)
TOTAL $509000 $ -0- $50,000
Notes: (a) Detailed categories pursuant to OMB A-102.
(b) Items are eligible to be funded by CDBG funds.
(c) " Estimate of other necessary expenditures that cannot be funded with CD
monies; and indication of anticipated sources.
(d) Sum of (b) and (c) above including both Community Development and non-
community Development funds.
(e) Contra Payment Limit for CD project.
FdC1fic
CoMmunity
Services
501 RAILROAD AVENUE P.O. BOX 1397 PITTSBURG, CALIFORNIA 94565 (415) 439-1056
RESOLUTION # 82-006
BE IT RESOLVED that the Board of Directors of Pacific Community
Services, Incorporated (PCSI) does authorize PCSI to enter into
Agreements with Contra Costa County as follows:
AGREEMENT IDENTIFICATION NUMBER 9-8, ACTIVITY NUMBER 8,
effective April 1, 1983, terminates March 31, 1984, not to exceed
$50,000.
BE IT FURTHER RESOLVED that the Board of Directors of PCSI
i
does hereby approve and authorize Harry Freed, President and Richard
Beyer, Executive Vice-President to execute the subject Contract
Agreements with Contra Costa County on behalf of PCSI.
I HEREBY CERTIFY that the above and foregoing Resolution was
duly passed by the Board of Directors of PCSI at a regular meeting
held on the 18th day of May, 1983, by the following vote:
AYES: 20
NOES: 0.
ABSENT: 5
BY:
Secretary
BY: 1 1• :i ,ai' .1. Com. .{,• ,
Executive Vice-President)
CONTRA COSTA COUNTY
PLANNING DEPARTMENT
-Y
01.
TO: M. G. Wingett DATE: May 16:Vjd� �-n 1,
County Administrato qS1 "'Gr
FROM: Anthony A. Dehaesu SUBJECT: Ninth Year Community Development
Director of Plann
Program Project Agreement; Pacific
,�- Community Services, Inc.
Attached pleasernd five-copies of.the Ninth Year (-1983-84) CDBG Program,
Project Agreement with Pacific Community Services, Inc. implementing
Activity #9-8-Housing Counseling. This agreement has been approved by
the Board of Directors of Pacific Community Services, Inc. and County
Counsel ' s Office.
Please place this item on the agenda for the next Board meeting.
AAD:gg
Attachments
ERECEIVED
JUN 7
16? 1�j
R. OLSSON
Rs
ARD OF s RVI.�
ORS
'0
...................
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on May 24, 1983 by g
the followin vote:
AYES: Supervisors Powers ,. Fanden, McPeak , Torl&son, Schroder .
NOES: None .
ABSENT: None .
ABSTAIN: None .
SUBJECT: Ninth Year ( 1983=84) Community Development Block Grant Program Project
Agreement; Housing Alliance of Contra Costa County.
The Board, having heard the recommendation of the Director of Planning
that it approve the Ninth Year Community Development Program Project Agreement
with the Housing Alliance of Contra Costa County, implementing Activity #7-
Housing Counseling with a payment limit of $85,000;
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 minute:
'Board of Supervis 9 on the date shown.
ATTESTED: IM3 .
J.R. OLGSON,COUNTY CLE:;,?'
and ex officio Clerk of the Boy: :
By ��d 1�_prys Deputy
Orig: Dept.: Planning
CC: County Administrator
Auditor-Controller
County Counsel
Contractor
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 9-7
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: Housing Alliance
Address: 2480 Pacheco Street
Concord, CA, 94520
3. Term.
The effective date of this Agreement isNay 24, 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
$85,000 .
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.
r
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 si natures attest the parties' agreement hereto:
COUNTY OF A C FORNIA CONTRACTOR
gy: By: CJ 125
'Clfairfna6, Board of Supervisors Designate f' ial Cap city
in Organization)
ATTEST: J. R. OLSSON, County Clerk
By:
By: Designate Official Capacity
puty in Organization)
Recommende by Dep tment Note to Contractor:
., (1) If a public agency, designate official
S, capacity in public agency and attach a certi-
-By' fied copy of the governing body resolution
Ant ony A. DeNfesus authorizing execution of this agreement.
orm 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)
a
STATE OF CALIFORNIA On this l�) }S: day of VA INN in the year
COUNTY OF Co n kick Q.29tyA 14 "R 9 before me
N Arn r.—c-, W. J c. a Notary Public, State of California,
duly commissioned and sworn,personally appeared J A lel F 1
Oppp444pp personally known tome(or proved tome on the basis of satisfactory evidence)
oFFicin�sEst to be the Peest4�tSC 21kZ Z,w-c�eVf' of the corporation
JAMES W. JONES that executed the within instrument, and also known to me to be the
NOTARY PUBLIC—
CALIFORNIA person 9, who executed the within instrument on behalf of the corpora-
Contra Costa County
My Commission Expires Oct. 21, 1983 tion therein named, and acknowledged to me that such corporation executed
the same.
IN WITNESS WHEREOF I have hereunto set my hand�^daxed
my official eal in the County of ("PEN
TW downint a a*a penal fmm wftka may be Proper ton um in almP1e on the d to set forth above in this certificate.
traneaCtl011a and in no way acce.m is intended to act,at;e subeffue for dte
advice of an atrarnry.The Pum:aro,dose not make any warranty eller ewees m implied as to
pr opal validity of are provision or me weemlity m Viese forma in any specific transaction.
ab
Cowdery's Form No.28 ,Acknowledgement tart'Public, State of CaliforniaCy-
to Notary Public—Corporation(C. C.Secs. 1190-1190.1) My commission expires
1 i
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 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.
Sage 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
6. Housing Counseling: Provision of a diverse program of housing services primarily
benefitting low and moderate income individuals and families. The program includes
landlord-tenant information, education and referrals; mediation to resolve housing-related
disputes; counseling for homeowners facing foreclosure; assistance in budgeting and money
obligations; and, fair housing activities to promote and assure equal opportunities for
residents of Contra Costa County.
B. PROJECT TIME 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
Comprehensive Housing Counseling* April 1, 1983 March 31, 1984
- Tenant/Landlord Counseling
- Discrimination Complaints
- Homeownership Counseling
- Promote Affordable Housing
- Provide Information and
Technical Assistance
*(See Attachment "A" for expanded description)
C. PROJECT GOALS
Contractor shall define project objectives.
1. Provide Landlord/Tenant information, referral, counseling to an average of 530 clients
per month and mediate on average of 25 conflicts per month.
2. Provide discrimination information, mediation and investigation and/or counseling
assistance to 15 clients per month.
3. Counsel and assist 7 homeowners regarding owner related problems each month.
4. Provide rental housing information and shared housing assistance to approximately 100
clients per month.
5. Implement a new case management tracking system to provide information and results
discrimination cases investigated.
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, the contractor shall comply
with applicable provisions contained in the County's "Guide for Compliance with
Assurances and Certifications Under the Housing and Community Development Act".
2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the
contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance
Form signed by the supplier service prior to the receipt of any goods or initiation of any
services. The required forms are available from the County Planning Department.
3. Comply with all applicable Federal regulations as contained in OMB A-102, Attach-
ments A and B, in the determination of allowable costs in the administration and
provision of services of this activity.
4. Records will be kept and monthly reports made and submitted to the County Planning
Department providing the following information:
a. Total hotline contacts and counseling sessions - whether landlord, tenant, home-
owner, agency.
b. Geographical resident of client.
c. Types of requests, other needs.
d. Result of contact with the Housing Alliance.
e. Participation of volunteers in project.
f. Participation of clients, volunteers, staff in training programs, workshops, classes.
g. Reports on other funding proposals, their results.
5. All contracts under $10,000 entered into shall be in compliance with procurement
procedures contained in Office of Management and Budget (OMB) Circular A-102,
Attachment 0 and any other applicable HUD regulations.
6. Shall, at a minimum, notify applicable minority owned business firms located in Contra
Costa County of bid opportunities for Community Development funded projects and
maintain documentation of such efforts. A listing of minority owned businesses located
in Contra Costa County and neighboring counties is available from the County Planning
Department.
E. PROJECT ADMINISTRATION
Contractor should indicate who will be responsible for administering the Work Program.
Diane Sprouse, Executive Director
Housing Alliance of Contra Costa County
2480 Pacheco Street
Concord, CA 94520
825-4663
'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: Housing Alliance, Inc. ACTIVITY NUMBER: 7
2480 Pacheco Street
Concord, CA 94520
BUDGET PERIOD: May 1, 1983-March 31,1984
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total -$
Staff $62,050 -0- $629050
- Co ordinator, _
- West County Manager
- Housing Counselors
- Administrative Secretary
- Clerk."-
Office
lerk'Office Space $11,050 -0- $119050
- Rent for two offices
- Utilities, Janitorial Services
Office Expense $ 89500 -0- $ 8,500
- Office Supplies
- Office Equipment Purchase
and Repair
- Printing, Postage, Telephone
Administrative Expenses $ 19800 -0- $ 19800
- Auto Mileage Allowance
- Auditor, Insurance
Other Program Costs $ 12600 -0- $ 19600
- Professional Training
Development
- Legal Consultant
Resources Supplies
- Discrimination Investigation
- Legal Expenses
(e)
TOTAL $852000 $ -0- $859000
Notes: (a) Detailed categories pursuant to OMB A-102.
(b) Items are eligible to be funded by CDBG funds.
(c) Estimate of other necessary expenditures that cannot be funded with CD
monies; and indication of anticipated sources.
(d) Sum of (b) and (c) above including both Community Development and non-
community Development funds.
(e) Contra Payment Limit for CD project.
Page 5
Attachment "A"
1. Maintain two (2) offices in Central and West Contra Costa County.
2. Tenant/landlord information and education through:
a) Individual and group counseling.
b) Dissemination of written material.
c) Inform the public regarding mediation and the Housing Alliance's role and commit-
ment to mediation as a technique to resolve landlord/tenant conflicts.
d) Contacts with community service organizations, public agencies and private trade
and association groups.
e) Media and public relations.
e) Media and public relations.
f) Ongoing staff training to expand our knowledge and capabilities to provide quality
counseling services.
3. Fair Housing:
a) Educate and inform clients and the general public regarding prohibited forms of
housing discrimination.
b) Investigate housing discrimination complaints as warranted.
c) Utilize a portion of our funds to cover legal expenses which may be incurred in our
goal of furthering fair and equal housing opportunities.
d) Participate in the Northern California Fair Housing Coalition.
e) Conduct checker's training sessions in Central and West County as needed.
f) Actively promote Fair Housing Month (April).
4. Homeownership Counseling:
a) Money management assistance to homeowners and tenants who are delinquent or in
default on their housing payment. Educate those counseled in budgeting techniques
to prevent future recurrence of such problems.
b) Ongoing staff training to expand our knowledge and capabilities to provide quality
counseling services.
c) Counseling regarding the HUD's mortgage assignment program for FHA insured
homeowners.
5. (Advocacy) The Housing Alliance will continue to promote greater availability of
affordable housing through:
a) Our role as a mediating agency when conflicts or opposition surface to proposals for
multi-family residential development.
b) Be actively involved in and appear at hearings on issues affecting housing for low
and moderate income individuals.
c) Cooperation with the County, cities and appropriate private sector interests to
facilitate new housing construction for low and moderate income families with an
emphasis on multi-family units.
d) Explore possibilities and means by which the Housing Alliance can support the
development of housing for families with limited incomes.
e) Provide information and technical assistance in housing policy issues to public
bodies.
6. Housing Services:
a) Provide an apartment referral list to clients. Update on a quarterly basis.
b) Operate a shared housing service as funds permit.
c) Assist families in need of short-term housing as funds permit. Work with the private
sector and churches to expand our capacity to assist more people in emergency
situations.
a0Jg�OG 44414NcF
94ouging (-AMove
F CORA COSTA o Concha Costa Count , 9ne.
OF � y
Central County Housing Hotline West County Housing Hotline
❑ 2480 Pacheco Street ❑ 2373 Market Avenue
Concord, CA 94520 San Pablo,CA 94806
825-4663 234.1853
ti
RESOLUTION NO. 1-83
y
Resolution No. 1-83 to authorize President, Jan Ifft and/or Executive
Director, Diane Sprouse to execute Ninth Year Program Project Agreement
with the County of Contra Costa and any subsequent agreements or amendments
for the 1983-1984 fiscal year program.
The above is a certified copy of the Resolution passed at the Housing
Alliance Board of Director's Meeting held on April 21, 1983.
Pf�11p.T?e►;khiez
) 'Administrative Assistant
A FAIR HOUSING AGENCY
CONTRA COSTA COUNTY
PLANNING DEPARTMENT
TO: M. G. Wingett DATE: May 6, 1983
County Administrato
Ninth Year ( 1983-84) Community
FROM: Anthony A. Dehaesu SUBJECT: Development Program Project
Director of Planni Agreement
I
Attached please f n five copies of the Ninth Year (1983-84) CDBG Program
project agreement with the Housing Alliance of Contra Costa County. This
agreement has a payment limit of $85,000 which is comprised of their Ninth
Year CD allocation for Activity P-Housing Counseling. This agreement has
been approved by the Housing Alliance Board of Directors and County Counsel 's
Office.
Please place this item on the agenda for the next Board meeting.
AAD:gg _,
Attachments
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