HomeMy WebLinkAboutMINUTES - 07251995 - C76 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA C •��
TO: BOARD OF COMMISSIONERS
FROM: Richard J.Martinez,Executive Director
DATE: July 25, 1995
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING INCREASE FOR THE
RENTAL REHABILITATION PROGRAM-CITY OF ANTIOCH
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
ADOPT Resolution No.3752 approving the Contract Between the City of Antioch and the Housing
Authority of the County of Contra Costa for Rental Rehabilitation Program and AUTHORIZE the Executive
Director of the Housing Authority to execute said Contract,as recommended by the Advisory Housing Commission.
IL FINANCIAL IMPACT:
The City of Antioch wishes to increase the Rental Rehabilitation Program operations under its 1995-96
Community Development Block Grant Program from$100,000 to$250,000.
III. REASONS FOR RECOMMENDATIONBACKGROUND
Earlier this year,the Housing Authority made an application for$100,000 in funding from the 1995-96
City of Antioch Community Development Block Grant Program for continuation of the Rental Rehabilitation
Program in the City of Antioch. The Rental Rehabilitation Program makes low interest loans for repair of rental
housing for low income families and the City of Antioch now wishes to increase the operation of the Rental
Rehabilitation Program and by providing an additional$150,000 from its 1995-96 Community Development Block
Grant Program. This increase in funding would provide the Rental Rehabilitation Program with a total of$250,000
for its continued operation in the City of Antioch.
At its regular meeting on Monday,July 17, 1995 the Advisory Housing Commission moved to recommend
adoption of Resolution No. 3753,approving an increase in the contract amount of Community Development Block
Grant Funds for the Rental Rehabilitation Program and authorizing the Executive Director of the Housing Authority
to execute said Contract.
IV. CONSEQUENCES OF NEGATIVE ACTION;
Should the Board of Commissioners elect to not adopt Resolution 3753,the Housing Authority's Rental
Rehabilitation Program would not be able to increase its operation within the City of Antioch.
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON X!S APPROVED AS RECOMMENDED OTHER
VOTE OF COMMISSIONERS
/ I HEREBY CERTIFY THAT THIS IS A
✓. UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
COMMISSIONERS ON THE DATE SHOWN.
ATTESTED L
P IL ATCHLOR, CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BY ' , DEPUTY
THE BOARD OF COMMISSIONERS
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
RESOLUTION NO. 3753
RESOLUTION APPROVING AN INCREASE IN CONTRACT AMOUNT
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
FOR THE RENTAL REHABILITATION PROGRAM
WHEREAS, the Housing Authority of the County of Contra Costa operates a Rental
Rehabilitation Program which provides technical assistance and makes
loans using Federal funds supplied in part by the City of Antioch for the
benefit of low income households, and
WHEREAS, the City of Antioch has made a finding of need to utilize the Rental
Rehabilitation Program and has approved an allocation of$250,000 in
Community Development Block Grant Program funds to be used for
the rehabilitation of rental housing which is an increase of$150,000
above the original application for these funds ; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS of
the Housing Authority of the County of Contra Costa that the attached
Contract Between The City Of Antioch And Housing Authority of The
County Of Contra Costa is hereby made a part of this Resolution and the
Executive Director of the Housing Authority of the County of Contra
Costa is hereby authorized to execute said Contract.
PASSED AND ADOPTED ON July 25, 1995 by the following vote of the
Commissioners.
AYES: Commissioners Rogers, Smith, DeSaulnier, Torlakson, Bishop
NOES: None
ABSENT: None
ABSTAIN: None
CONTRACT BETWEEN THE CITY OF ANTIOCH
AND
HOUSING AUTHORITY OF CONTRA COSTA
FOR
RENTAL REHABILITATION PROGRAM
This AGREEMENT, entered into this First day of July 1995, by and
between the CITY OF ANTIOCH, public body corporate and politic,
hereinafter referred to as "CITY", and the HOUSING AUTHORITY OF
CONTRA COSTA, a political subdivision of the State of California,
herein after referred to as "SUBRECIPIENT" .
RECITALS
A. CITY will receive Community Development Block Grant (CDBG)
funds from the Department of Housing and Urban Development
(HUD) as an entitlement to CITY pursuant to the provisions of
Title I of the Housing and Community Development Act of 1974,
as amended.
B. CITY has approved and authorized the expenditure of One
Hundred Twenty-Five Thousand Dollars ($250,000) from said
1995-96 CDBG. Program funds to owners of rental properties
which are available at affordable rents in Antioch, for the
1995-96 program year.
C. SUBRECIPIENT has requested funds for revolving loan program to
provide leveraged low-interest deferred loans to owners of
rental properties.
D. SUBRECIPIENT has demonstrated experience and qualifications to
operate a revolving loan program to fund rental rehabilitation
under the Community Development Block Grant Program.
NOW, THEREFORE, in consideration of the recitals and the mutual
obligations of the parties as herein expressed, CITY and
SUBRECIPIENT agree as follows:
1. Scope of services
SUBRECIPIENT agrees, through its revolving loan program to
provide low-interest deferred loan to owners of rental
properties which are available at affordable rents, within the
CITY's Housing Rehabilitation Target Area, delineated on the
attached map hereto as in Attachment "A" and incorporated
herein as part of this Agreement. These functions include, but
are not necessarily limited to the following activities:
a. Marketing of rental rehabilitation program in CITY as
part of SUBRECIPIENT' s overall marketing effort.
b. Distribution of applications to interested property
owners.
C. Consultations with property owners and explanation of
rental rehabilitation program requirements.
d. Initial inspection of properties of rental rehabilitation
program applicants and preparation of inspection reports.
e. Preparation of rental rehabilitation contract
specifications and cost estimates if requested by
property owner.
f. Assistance to program applicants with the preparation of
loan application documents.
g. Review and processing of loan application documents, and
determination of applicants' eligibility for program.
h. Compliance with Federal environmental requirements with
respect to historic preservation, floodplain management,
explosive and flammable operations and toxic
chemical/radioactive materials, upon completion by CITY
of Appendix "A" of the Department of Housing and Urban
Development's Environmental Rehabilitation Review Sheet.
i. Review of contractor's bids to determine that all items
in contract specifications have been addressed and that
proposed costs are reasonable.
j . verification of contractor' s licenses and evaluation of
contractors' qualifications.
k. Confirmation that contractor or subcontractor is not on
list of debarred, suspended or ineligible contractors.
1. Periodic progress inspections and final inspection to
determine that rehabilitation work has been properly
performed in accordance with the terms of the contract.
M. Processing of payments to owners/contractors for work
completed.
n. Collection of loans from property owners.
2. Eligibility of Loan Applicants
a. In order for a property owner to be eligible for a rental
rehabilitation loan, tenant(s) must meet the most current
low and moderate-income guidelines established by the
U.S. Department of Housing and Urban Development for the
Community Development Block Grant Program, and must
reside within CITY's Rehabilitation Target Area,
described in Attachment "A" .
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Pursuant to § 570.208 (a) (3) all structures rehabilitated
under this program shall be occupied by lower income
households as follows:
1 structure/1 or 2 dwelling units: 1 lower
income household;
1 structure/more than 2 dwelling
units: at least 51% lower income
households.
Occupancy by lower income households must be at an
"affordable rent" as approved by CITY and attached hereto
(Attachment "C") .
b. In all other respects, the guidelines established by
SUBRECIPIENT for it rental rehabilitation loan program
shall apply to rehabilitation loans for CITY residents.
3. Review of Applications
Prior to initiating any action with respect to a
rehabilitation application, SUBRECIPIENT shall submit a copy
of application to CITY for CITY review, in order to determine
conformance of proposed, rental rehabilitation with CITY plan
policies. CITY shall provide expeditious review of
applications and notify SUBRECIPIENT in writing of CITY's
authorization to proceed with processing of rental
rehabilitation application.
4. Conformance with City Codes and Ordinances
SUBRECIPIENT shall use its best efforts to ensure that all
rehabilitation work carried out under this Agreement is in
conformance with CITY Building and Zoning Codes and
Ordinances.
5. Compensation for Services
Upon approval of each rehabilitation loan, SUBRECIPIENT shall
invoice CITY for the amount of the loan to be paid with
Community Development Block Grant (CDBG) funds. In addition,
SUBRECIPIENT shall periodically invoice CITY for
administrative and technical services performed by
SUBRECIPIENT in connection with each rehabilitation loan.
Such compensation for services shall be at the rate of $75. 00
per hour for each hour of time expended by SUBRECIPIENT
Rehabilitation Specialist on the rehabilitation case, except
that the maximum compensation for any rehabilitation case
shall be limited to $3 ,500.00. It is understood that the
compensation rate of $75.00 per hour is for all administrative
and technical services in connection with the rehabilitation
case, including salary of Rehabilitation Specialist,
administrative oversight, clerical assistance, and overhead
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costs. SUBRECIPIENT shall provide time sheets documenting
hours expended on a project basis.
6. Limitations of Funds
The total costs incurred by SUBRECIPIENT under this Agreement
shall not exceed $250,000.00, the amount of CDBG funds
allocated by CITY for this rental rehabilitation program,
except as permitted by the generation of program income and
carryover from previous program years allocation (Attachment
ugn) .
7. Term of Agreement
The term of this Agreement shall commence on the date first
appearing in this Agreement and shall continue until June 30,
1995. This Agreement may be renewed for successive one-year
terms at the discretion of CITY and SUBRECIPIENT.
S. Records to be Maintained
The SUBRECIPIENT shall maintain all records required by the
federal regulations specified in 24 CFR Part 570.506, and that
are pertinent to the activities to be funded under this
Agreement. Such records shall include but not be limited to:
a. Records providing a full description of each
activity undertaken;
b. Records required to determine the eligibility of
activities;
C. Records required to document the acquisition,
improvement, use or disposition of real property
acquired or improved with CDBG assistance;
d. Records documenting compliance with the fair
housing and equal opportunity components of the
CDBG program;
e. Financial records as required by 24 CFR Part
570. 502; and
f. Other records necessary to document compliance with
Sub-Part K of 24 CFR 570.
g. SUBRECIPIENT shall retain records for a period of
three years except that all loan records shall be
retained for a period of three years after final
loan repayment.
For each activity carried out for the purpose of providing or
improving housing which is determined to benefit low and
moderate income persons, SUBRECIPIENT shall obtain:
a. A copy of a written agreement with each landlord or
developer receiving CDBG assistance indicating the
total number of dwelling units in each multi-family
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structure assisted and the number of those units
which will be occupied by low and moderate income
households after assistance;
b. The total cost of the activity, including both CDBG
and non-CDBG funds.
C. For each unit occupied by a low and moderate income
household, the size and income of the household;
d. For rental housing only:
i. The rent charged (or to be charged) after
assistance for each dwelling unit . in each
structure assisted; and
ii. Such information as necessary to show the
affordability of units occupied (or to be
occupied) by low and moderate income
households pursuant to criteria established
and made public by the recipient;
e. For each property acquired on which there are no
structures, evidence of commitments ensuring that
the criteria in § 570.208 (a) (3) will be met when the
structures are built; and
f. Where applicable, records demonstrating that the
activity qualifies under the special conditions at
§ 570. 208 (a) (3) (i) .
9. Reporting
SUBRECIPIENT shall report on a quarterly basis the race,
ethnicity, handicap status, gender, familial status and income
status of all tenants. Relevant contractor information shall
be provided.
SUBRECIPIENT shall annually report to CITY on all
rehabilitation loans made with CITY entitlement funds,
including name of borrower, address and parcel number, loan
amount, the terms of the loans, date of first payment, amount
of repayments, type of rehabilitation work completed under the
loan, program income received and expended, and program
demographic information required for completion of Annual
Grantee Performance Report. This report shall be submitted to
CITY within 30, days after the end of the program year on June
30.
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10. Program Income
SUBRECIPIENT shall keep separate accounting of repayments of
loan principal and interest earned from loans made with CITY
CDBG funds. Such program income shall be used for future
rehabilitation activity within CITY, and shall be applied,
after its receipt by SUBRECIPIENT, to the next CITY
rehabilitation loan approved by SUBRECIPIENT. Each invoice to
CITY for rehabilitation loan funds shall specify as a credit
the amount of program income to be applied to each
rehabilitation loan.
In the event that this Agreement is not subsequently renewed,
or is otherwise terminated, SUBRECIPIENT agrees to repay CITY
any unexpended program income attributable to CITY's CDBG
program within 30 days of terminating on date, and to transfer
all accounts receivable attributable to this activity to CITY.
11. Compliance with Federal Requirements
In carrying out the terms of this Agreement, CITY and
SUBRECIPIENT shall comply with all applicable Community
Development Block Grant Program Regulations as contained in 24
CFR Part 570.502 . (a) and Subpart K, except CITY shall be
responsible for initiation and completion of environmental
review. In addition, SUBRECIPIENT agrees to comply with the
following:
a. CDBG regulations governing the eligibility of equal
opportunity and fair housing activities as contained in
24 CFR 570.904 .
b. The attachments as listed of the Uniform Administrative
Requirements for Grants and Cooperative Agreements to
state and local governments (24 CFR part 85) , as
applicable, including:
( 1) Section 85. 3 , "Definitions";
( 2) Section 85. 6, "Exceptions";
( 3) Section 85. 12, "Special grant or subgrant
conditions for 'high-risk' grantees;
( 4) Section 85. 20, "Standards for financial management
systems. " except paragraph (a) ;
( 5) Section 85.21, "Payment, " except as modified by
§570. 513;
( 6) Section 85.22, "Allowable costs";
( 7) Section 85.26, "Non-federal audits" ;
( 8) Section 85. 32 , "Equipment, " except in all cases in
which the equipment is sold, the proceeds shall be
program income;
( 9) Section 85. 33, "Supplies";
(10) Section 85. 34, "Copyrights" ;
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(11) Section 85.35, "Subawards to debarred and suspended
parties;
(12) Section 85.36, "Procurement," except paragraph (a) ;
(13) Section 85. 37, "Subgrant";
(14) Section 85.40, "Monitoring and reporting program
performance, " except paragraphs (b) through (d) and
paragraph (f) ;
(15) Section 85.41, "Financial reporting, " except
paragraphs (a) , (b) , and (e) ;
(16) Section 85.42, "Retention and access requirements
for records";
(17) Section 85.43 , "Enforcement";
(18) Section 85.44, "Termination for convenience" ;
(19) Section 85.51, "Later disallowances and
adjustments"; and
(20) Section 85.52, "Collection of amounts due. "
C. OMB Circular No. A-87, "Principles for Determining Costs
Applicable to Grants and Contracts with State, Local, and
Federally recognized Indian Tribal Governments. "
d. OMB Circular A-128 "Audits of State and Local
Governments. "
e. Environmental standards as refined in 24 CFR 570.604.
f. "Public Law 88-352" which refers to Title VI of the Civil
Rights Act of 1964, "Affirmative Action Program", which
provides that no person in the United States shall on the
ground of race, color or national origin, be excluded
from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity
receiving Federal financial assistance. The SUBRECIPIENT
agrees that it shall be committed to carry out pursuant
to the City's specifications an Affirmative Action
Program in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1965,
and as subsequently amended. The SUBRECIPIENT shall
submit a plan for an Affirmative Action Program for
approval prior to the award of funds.
g. "Public Law 90-284" which refers to the Fair Housing Act,
which states that is the policy of the United States to
provide, within constitutional limitations, for fair
housing throughout the United States and prohibits any
person from discriminating in the sale or rental of
housing, the financing of housing, or the provision of
brokerage services, including otherwise making
unavailable or denying a dwelling to any person, because
of race, color, religion, sex, national origin, handicap
or familial status and which requires that all programs
and activities related to housing and community
7
development be administered in a manner to affirmatively
further the policies of the Fair Housing Act.
h. Section 109 of Title I of the Housing and Community
Development Act of 1974, which states that no person in
the United States shall on the ground of race, color,
national origin or sex be excluded from participation in,
be denied the benefits of, or be subjected to
discrimination under any program or activity funded in
whole or in part with Community Development funds made
available pursuant to this act.
i. Section 504 of the Rehabilitation Act of 1973, as
amended, which states that no otherwise qualified
handicapped individual in the United States shall solely
by reason of his/her handicap be excluded from
participation in, be denied the benefits of, or be
discriminated against under any program or activity
receiving Federal financial assistance.
j . Age Discrimination Act of 1975, as amended, which states
that no persons in the United States shall, on the basis
of age, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial
assistance.
k. Section 3 of the Housing and Urban Development Act of
1968, which states: "The work to be performed under this
contract is a project assisted under a program providing
direct federal financial assistance from HUD and is
subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended, 12 U.S.C.
1701. Section 3 requires that to the greater extent
feasible, opportunities for training and employment be
given to lower-income persons within the unit of local
government or the metropolitan area in which the project
is located, and that contracts for work in connection
with the project be awarded to eligible business concerns
which are located in, or owned in substantial part by,
persons residing in the same metropolitan area as the
project.
1. Conflict of interest regulations as contained in 24 CFR
570.611, which require, among other things, that except
for approved eligible administrative or personnel costs,
no person who is an employee, agent, consultant or
officer of the SUBRECIPIENT may obtain a personal or
financial interest or benefit from the activity under
this Agreement, or have an interest in any contract,
subcontract, or agreement with respect thereto, or the
proceeds thereunder, either for themselves or those with
8
whom they have family or business ties, during their
tenure or for one year thereafter. Upon written request
of the SUBRECIPIENT, the CITY may request the U.S.
Department of Housing and Urban development to grant an
exception to the foregoing requirement on a case-by-case
basis in accordance with 24 CFR 570. 611 (d) .
M. The SUBRECIPIENT will use its best efforts to afford
minority and women-owned business enterprises the maximum
practicable opportunity to participate in the performance
of this contract. As used in this contract, the term
"minority and female business enterprise" means a
business at least fifty-one (51) percent owned and
controlled by minority group members or women. For the
purpose of this definition, "minority group members" are
Afro-Americans, Spanish-speaking, Spanish surnamed or
Spanish-heritage Americans, Asian-Americans, and American
Indians. The CITY may rely on written representations by
SUBRECIPIENT regarding their status as minority and
female business enterprises in lieu of an independent
investigation.
n. The SUBRECIPIENT agrees to comply with the requirements
of the Secretary of Labor in accordance with the Davis-
Bacon. Act as amended, the provisions of Contract Work
Hours, and Safety Standards Act, the Copeland (Anti-
Kickback) Act (40 U.S.C. 276, 327-333) and all other
applicable federal, state and local laws and regulations
pertaining to labor standards insofar as those acts apply
to the performance of this contract. The SUBRECIPIENT
shall maintain documentation which demonstrates
compliance with hour and wage requirements of this part.
Such documentation shall be made available to the CITY
for review upon request.
The SUBRECIPIENT agrees that, except with respect to the
rehabilitation or construction of residential property
designed for residential use for less than eight (8)
households, all contractors engaged under contracts in
excess of $2, 000. 00 for construction, renovation or
repair of any building or work financed in whole or in
part with assistance provided under this contract, shall
comply with federal requirements pertaining to such
contracts and with the applicable requirements of the
regulations of the Department of Labor, under 29 CFR,
Parts 3 , 1, 5 and 7 governing the payment of wages and
ratio of apprentices and trainees to journeymen; provide,
that if wage rates higher than those required under the
regulations are imposed by the state or local law,
nothing hereunder is intended to relieve the SUBRECIPIENT
of its obligation, if any to require payment of the
higher wage. The SUBRECIPIENT shall cause or require to
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be inserted in full, in all such contracts subject to
such regulations, provisions meeting the requirements of
this paragraph, for such contracts in excess of
$10, 000. 00.
o. Lead Based Paint. The SUBRECIPIENT agrees that any
construction or rehabilitation of residential structures
with assistance provided under this contract shall be
subject to HUD Lead-Based Paint Regulations at 24 CFR
570. 608, and 24 CFR Part 35, and in particular Sub-part
"B" thereof. Such regulations pertain to all HUD-
assisted housing and require that all owners, prospective
owners, and tenants of properties constructed prior to
1978 be properly notified that such properties may
include lead-based paint. Such notification shall point
out the hazards of lead-based paint and explain the
symptoms, treatment and precautions that should be taken
when dealing with lead-based paint poisoning.
12 . Certification
The undersigned certifies, to the best of his or her knowledge
and belief, that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or
employee of any Agency a Member of Congress in connection
with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any
Agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report
Lobbying, " in accordance with its instructions.
C. The undersigned shall require that the language of this
certification be included in the award documents for all
subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and
cooperative agreements) and that all Subrecipient's shall
certify and disclose accordingly.
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This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a
prerequisite for making or entering into this transaction
imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to
a civil penalty of not less than $10, 000 and not more than
$100, 000 for each such failure.
13. Insurance
SUBRECIPIENT shall procure and maintain during the term of
this Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in
connection with SUBRECIPIENT'S operation. The cost of such
insurance shall be borne by the SUBRECIPIENT. SUBRECIPIENT
shall maintain insurance as follows:
a. General Liability, $500,000.00 combined single limit per
occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply
separately to this location or the general aggregate
limit shall be twice the occurrence limit.
b. Workers' Compensation insurance as required by the Labor
Code of the State of California and Employers Liability
insurance, as required by the Labor Code of the State of
California and Employers Liability limits of $1 million
per accident.
C. CITY, its officers, officials, employees and volunteers
are to be covered as insured with respects: liability
arising out of premises owned, occupied or used by the
SUBRECIPIENT. The coverage shall contain no special
limitations on the scope of protection. afforded to the
CITY, its officers, officials, employees or volunteers.
d. Any deductibles or self-insured retention must be
declared to and approved by the CITY. At the option of
the CITY, either: the insurer shall reduce or eliminate
such deductibles or self-insured retention as respects
the CITY, its officers, officials, employees and
volunteers; or the SUBRECIPIENT shall procure a bond
guaranteeing payment of losses and related
investigations, claim administration and defense
expenses, as all approved by the City Attorney or his
designee.
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e. Coverage shall state that the SUBRECIPIENT's insurance
shall apply separately to each insured against whom claim
is made or suit is brought, except with respect to the
limits of the insurer's liability.
f. Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended,
voided, canceled, reduced in coverage or in limits except
after thirty (30) days' prior written notice by mail has
been given to CITY.
g. Insurance is to placed with insurers with a Best's rating
of no less than A:VII.
h. SUBRECIPIENT shall furnish the CITY with certificates of
insurance and with original endorsements effecting
coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage
on its behalf. All certificates and endorsements are to
be received and approved by the City Attorney, or his
designee, prior to occupancy of the premises. The CITY
reserves the right to require complete, certified copies
of all required policies, at any time.
i. The SUBRECIPIENT shall agree to waive all rights of
subrogation against the CITY, its officers, officials,
employees and volunteers for losses arising from the
performance of this Agreement.
14. Indemnification
SUBRECIPIENT agrees to indemnify, hold harmless, and defend
CITY, its officers, agents, and employees from and against any
and all claims, demands, lawsuits or other actions for damage
or injury to persons or property arising out of the
performance of this Agreement by SUBRECIPIENT or its officers,
employees, partners, directors, or agents.
15. Termination of Agreement
CITY may terminate this Agreement at any time by giving
written notice of same and specifying the effective date
thereof, at least fifteen (15) days before the effective date
of such termination. If the Agreement is terminated by CITY
as provided herein, SUBRECIPIENT shall be paid for all work
done on behalf of CITY under the terms of this Agreement, up
to the effective date of termination.
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16. Inspection of Work
It is understood that periodic review of SUBRECIPIENT's work
under this Agreement may be necessary and the right to so
review is reserved by CITY. CITY shall have access to any
books, documents, papers and records of SUBRECIPIENT which are
directly pertinent to the work performed under this Agreement
with exception to confidential attorney/client materials. The
SUBRECIPIENT hereby agrees to have an annual agency audit
conducted in accordance with OMB Circular A-128. Any
deficiencies noted in audit reports must be fully cleared by
the SUBRECIPIENT within 30 days after receipt by the
SUBRECIPIENT. Failure of the COUNTY to comply with the above
audit requirements will constitute a violation of this
contract and may result in the withholding of future payments.
17. Project Representation and Notices
CITY: Douglas R. Ward, Acting Director
Community Development
CITY OF ANTIOCH
P. O. Box 130
Antioch, CA 94509
SUBRECIPIENT: Richard J. Martinez, Director
Housing Authority of Contra Costa
P.O. Box 2759
Martinez, CA 94553
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IN WITNESS WHEREOF, this Agreement is executed by the City of
Antioch and by Housing Authority of Contra Costa.
CITY OF ANTIOCH HOUSING AUTHORITY OF
CONTRA COSTA COUNTY
By: By:
DOUGLAS R. WARD RICHARD MARTINEZ
Director Community Dev. Executive Director
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
WILLIAM R. GALSTAN
City Attorney
cdbg\94-95\ag rments\renta I re
14
AT!FACZUWMM "B"
RENTAL REHABILITATION PROGRAM
CDBG Project Budget, Fiscal Year 1995-96
CDBG PRIVATE TOTAL
ADMIN. 29,500 29, 500
MARKET. 500 500
LOANS 220, 000 220, 000 4401000
TOTALS 250, 000 220, 000 4 70, 000