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HomeMy WebLinkAboutMINUTES - 08142007 - C.1 (2) HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS . fFROM: Joseph Villarreal, Executive Director DATE: August 14, 2007 SUBJECT: AUTHORIZE THE EXECUTIVE DIRECTOR TO EXECUTE CONTRACT AGREEMENT BETWEEN THE CITY OF ANTIOCH AND THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS IN THE AMOUNT OF $200,000.00 TO CONTINUE OPERATIONS OF THE RENTAL REHABILITATION PROGRAM IN THE CITY OF ANTIOCH FOR THE 2007-2008 PROGRAM YEAR. SPECIFIC REQUEST (S) OR RECOMMENDATION (S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: AUTHORIZE the Executive Director of the Housing Authority to execute all forms necessary to provide an agreement with the City of Antioch for the use of the City's Community Development Block Grant Program (CDBG) funds in the amount of$200,000 to continue the operations of the Rental Rehabilitation Program in the City of Antioch for the 2007-2008 Program Year. II. FINANCIAL IMPACT: Successful award by the City of Antioch has provided $200,000 of CDBG funds to the Housing Authority for the City of Antioch's Rental Rehabilitation Program. No funds from the Housing Authority of the County of Contra Costa will be expended. Funding would come from the City of Antioch's allocation of CDBG from the Federal Department of Housing and Urban Development. The Rental Rehabilitation Program operated by the Housing Authority will continue to serve Antioch's needs to rehabilitate affordable rental housing for low-income families. The $200,000 in CDBG funds will leverage approximately $200,000 more in private investment to repair approximately 15 to 20 rental housing units. III. REASONS FOR RECOMMENDATION/BACKGROUND . There is a demonstrated need for decent and affordable rental housing for lower-income families countywide. City of Antioch's CDBG funding allocation for the Rental Rehabilitation Program will leverage private investment to rehabilitate affordable rental housing by providing financial incentives and technical assistance. CONTINUED ON ATTACHMENT: X YES SIGNATURE­�_-9,9�9:��_ Joseph Villarreal,Executivc Director RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED�C _OTHER VOTE OF COMMISSIONERS UNANIMOUS (ABSENT 'Doi I LI.A -ISM� � I HEREBY CERTIFY THAT THIS IS A "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 ©% I Q JOHN dULLN,CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY , DEPUTY 11:\JudyFlaycs\MSOFFICE\WINWORD\BOARD\BO-CDBG City of Antioch.doc Antioch CDBG August 10, 2007 Page 2 IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to authorize the Executive Director to execute the project agreement, fewer affordable and decent rental housing units will be available to low-income families in the City of Antioch. The neglect of deteriorated rental housing units leads to neighborhood blight, which affects the entire County. Without continued funding the program could not continue to provide assistance to Landlord's in rehabilitating affordable rental housing units throughout the County. H:\JudyHayes\MSOFFICE\WINWORD\BOARD\BO-CDBG City of Antioch.doc CONTRACT BETWEEN THE CITY OF ANTIOCH AND HOUSING AUTHORITY OF CONTRA COSTA COUNTY FOR RENTAL REHABILITATION PROGRAM This AGREEMENT, entered into this First day of July 2007, by and between the CITY OF ANTIOCH,public body corporate and politic,hereinafter referred to as"CITY",and the HOUSING AUTHORITY OF CONTRA COSTA COUNTY referred to as "SUBRECIPIENT". RECITALS A. CITY wishes to implement the RENTAL REHABILITATION PROGRAM as quickly as possible, and as a result, wishes to procure the expertise of an agency currently operating such a program to administer a similar program for the CITY. B. CITY will receive Community Development Block Grant (CDBG) funds from the U.S. 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. C. CITY has approved and authorized the expenditure of Two Hundred Thousand Dollars ($200,000)from said CDBG funds program funds to provide RENTAL REHABILITATION PROGRAM, for the 2007-2008 program year. D. SUBRECIPIENT has requested funds for its RENTAL REHABILITATION PROGRAM. E. SUBRECIPIENT has the demonstrated experience and qualifications to operate a RENTAL REHABILITATION PROGRAM under the CDBG Program. F. SUBRECIPIENT represents it has the expertise and background to provide such services to the CITY. 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 services,to perform in a matter satisfactory to the City all the functions necessary to provide RENTAL REHABILITATION PROGRAM. These functions include, but are not necessarily limited to, the activities indicated in Attaclunent "A", incorporated herein as part of this Agreement. 1 2. Compensation for Services SUBRECIPIENT will submit a statement of expenses and income to the CITY at the end of each period to be paid whether monthly or quarterly. Performance reports shall accompany all requests for payment. No funds will be released until the appropriate performance reports are filed with the CITY. SUBRECIPIENT shall invoice the CITY on an hourly and/or expense basis for the RENTAL REHABILITATION PROGRAM not to exceed Two Hundred Thousand Dollars ($200,000), for the program year. 3. Limitation on Funds The total costs incurred by SUBRECIPIENT under this Agreement shall not exceed Two Hundred Thousand Dollars ($200,000), the amount of CDBG funds allocated by CITY for the RENTAL REHABILITATION PROGRAM except as permitted by the generation of program income and carryover from previous program year's allocation. 4. Term of Agreement The term of this Agreement shall commence on the date first appearing in this Agreement and shall continue until June 30,2008. This Agreement may be renewed for successive one- year terms at the discretion of CITY and SUBRECIPIENT. 5. 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 OMB Circular A- 110; and f. Other records necessary to document compliance with applicable sections of 24 CFR 570. g. SUBRECIPIENT shall retain record for a period of five (5) years from the date of the last payment under this Agreement. 2 I I I I i 6. Reporting I SUBRECIPIENT shall report to CITY on a monthly or quarterly basis the number,type,and disposition of cases(to the fullest extent possible)that are handled by the SUBRECIPIENT, and race, ethnicity, handicap, gender, familial status, and income status of persons who received assistance. SUBRECIPIENT shall also report to CITY on a quarterly basis the progress made toward project goals. The quarterly reports shall be submitted within 15 days after the end of each quarter(September 30, December 31, March 31, and Jude 30). I 7. Program Income If program income is generated by SUBRECIPIENT under the terms of this Agreement, the program. income shall be reported to CITY, but may be retained by SUBRECIPIENT. SUBRECIPIENT will use program income for the provision of services described in Attachment "A". Upon termination of this Agreement, all unspent grant monies including program income generated under the terms of this Agreement shall be returned to CITY. I By way of further limitations, the SUBRECIPIENT may use such income during the agreement period for activities permitted under this agreement and shall reduce requests for additional funds by the amount of any such program income. Any interest earned on cash advances from the U.S. Treasury is not program income and shall be remitted promptly to the CITY. i 8. Compliance with Federal Requirements I 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: I a. CDBG regulations governing the eligibility of fair housing activities as contained in 24 CFR 570.904. I b. The attachments as listed below of the Uniform Administrative Requirements for Grants and Cooperative Agreements to state and local goverrunents (24 CFR Part 85), as applicable, including: I 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 Sec. 570.513; 3 i i, I i I I I I I i I i I . I I I 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"; 11. Section 85.35. "Subawards to debarred and suspended paragraph; 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 85.5 1, "Later)disallowances and adjustments; and 20. Section 85.52. "Collection of amounts due." I C. OMB Circular No. A 187 "Principles for Determining Costs Applicable to Grants and Contracts with State,ILocal, and Federally recognized Indian Tribal Governments." d. OMB Circular No. AI-133, "Audits of State and Local Governments." C. Environmental Standards as refined in 24 CFR 570.604. I 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 upon request by the CITY! 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 I 4 I I I I I I I I , I I i I community development be administered in a manner to affirmatively further the policies of the Fair Housing Act. i 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 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. I I 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. I 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. I 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 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 fid)• i. 5 I I I I I I i I I I i I i I I I I 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 a minority and female business enterprise 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. I The SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction of residential property designed for residential use for less than (8) households, all contractors engaged under contracts in excess of $2,000 for construction, renovation or repair of any building or work financed in whole or part with assistance provided under this contract,shall comply with federal requirements pertaining to such contracts and with the applicable requirements oft he regulations of the Department of Labor,under 29 CFR,Parts 1,3,5, and 7 governing the payment of wages and ration of apprentices and trainees to journeymen;provided,that if wage rates higher than those required under the regulations are imposed by the state or local law, nothing hereinunder 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 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. I o. Lead Based Paint.) The SUBRECIPIENT agrees that any construction or rehabilitation structures with assistance provided under this contract shall be subject to HUD Lead Based Paint Regulations at 24 CFR Part 35,and in particular Sub-part B: thereof. P. Equal Employment Opportunity. All contracts shall contain a provision requiring compliance with E.G. 11246, "Equal Employment Opportunity,"as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulation at 41 CFR Part 60, "Office of 6 I I i i I I I I I Federal Contract Compliance Programs,Equal employment Opportunity,Department of Labor. i q. Copeland "Anti-Kickback" Act(18 U.S.C. 874 and 40 U.S.C. 276C). All contracts and subgrants in excess of$2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland"Anti- Kickback" Act(18 U.S.C. 874)as supplemented by Department of Labor regulations (29 CFR part 3 "Contractors and Subcontractors on Public building or Public Work Financed in Whole or,In Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited fiom inducing by any means, any person employed in the construction, completion, or repair of public works,to give up any part of the compensation to which he is otherwise entitled. The recipient shall report;all suspected or reported violations to the Federal awarding agency. I r. Clean Air Act(42 U.S.C. 7401 et. seq.)and the Federal Water Pollution Control Act (33 U.S.C. 1251 et. seq.),as amended. Contracts and subgrants of amounts in excess of$100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et. seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C.i 1251 et. seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). i S. Debarment and susp6nsion (E.O. 12549 and 12689). No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal procurementior Nonprocurement Programs in accordance with E.O. 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. I t. Religious Organizations. The SUBRECIPIENT agrees that funds provided under this Agreement will not be utilized for religious activities,to promote religious interests, or for the benefit of a religious organizations in accordance with the federal regulations specified in 24 CFR 570.2000). U. Hatch Act. The SUBRECIPIENT agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extend engaged in the conduct of political !activities in violation of Chapter 15 of Title V United States Code. I i 7 f I i i i I I I V. Reversion of assets. The.SUBRECIPIENT shall transfer to the CITY any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The SUBRECIPIENT shall ensure that any real property under the SUBRECIPIENTIs control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in excess of$25,000 is: i 1. Used to meet one of the national objectives in 24 CFR 570.208 (formerly 570.901) until five years after expiration of the agreement, or for such longer period of time as determined to be appropriate by the recipient; or I 2. Not used in accordance with paragraph (v)(1) of this section, in which event the SUBRECIPIENT shall pay to the CITY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. The payment is program income to the CITY. No payinent is required after the period of time specified in paragraph(v)(1) of this section. I 9. 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; $1,000,000.00 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 respect to liability arising out of premises owned, occupied or used by the SUBRECIPIENT and named as additional insureds by endorsement. i 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 8 i I i i ' I I I I payment of losses and related investigations, claim administration and defense expenses, as all approved by the City Attorney or his designee. 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 policyrequiredby 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. I g. Insurance is to be 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 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. I 10. Certification I The undersigned certifies, tol 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. I 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. I I 9 I I I I I I . I I 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 SUBRECIPIENT shall certify and disclose accordingly. I 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 snaking 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. I 11. Indemnification I 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. Tliis provision shall survive any termination of this Agreement. I 12. Amendments I Should Federal or State regulations, laws, policies or funding amounts touching upon the subject of this Agreement be adopted or revised during the term,hereof,this Agreement shall be deemed amended to assure conformance with such Federal and State requirements. if such amendments result in a change in the funding,the scope of services, or schedule of the activities to be undertaken asipart of this Agreement,such modifications will be incorporated only by written amendment approved by the legislative bodies of the parties and executed by both parties' authorized designees. I 13. 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 I 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. 14. Inspection of Work I 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 I 10 I I I I I I i I 1 I I materials. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with OMB Circular A- 133.Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the SUBRECIPIENT. Failure of the SUBRECIPIENT to comply with the above audit requirements wi 11 constitute a violation of this contract and Imay result in the withholding of future payments. i 15. Cessation of Funding hi the event the Federal funding for this Agreement ceases,this Agreement is terminated. Ill the event of unforeseeable budget adjustments by the Federal Government,this Agreement is subject to re-negotiation. i 1 16. Third Party Beneficiaries i Nothing in this Agreement, expressed or implied, is intended to confer on any person, other than the parties to this Agreement and their respective successors any rights or remedies under or by reason of this Agreement. I 17. Successors-in-interest This Agreement shall be binding on any successors-in-interest of the parties. 18. Modification I This Agreement shall be modified only by a written document approved by the legislative bodies of the parties. 19. Project Representation and Notices i CITY and SUBRECIPIENT hereby designate the following agents to act as project representatives in the matters dealing with the perfonnance of work under this Agreement and for receipt of all notices; I CITY: Bill Gegg Director of Information Systems CITY OF ANTIOCH P. O. Box 5007 Antioch, CA 94531-5007 Email: wgegg@ci.antioch.ca.us SUBRECIPIENT: Joseph Villarreal Executive Director HOUSING AUTHORITY OF CONTRA COSTA COUNTY i j 11 i I i i I I i i 3133 Estudillo Street Martinez, CA 94553 Email: tancheta@contracostahousing.org 20. Entire Allreement This Agreement contains all the terms agreed to by the parties on the subject matter of this Agreement. No other understanding, oral or otherwise shall be deemed to exist of to bind any party. This Agreement shall be modified only by a written document approved by the legislative bodies of the parties. IN WITNESS WHEREOF, this Agreement is executed by the CITY OF ANTIOCH and by HOUSING AUTHORITY OF CONTRA COSTA COUNTY: CITY OF ANTI:OCII: SUBRECIPIENT: By: By: BILL GEGG JOSEPH VILLARREAL Director of Information Systems . Executive Director APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: LYNN TRACY NERLAND City Attorney 12 I I I ATTACHMENT A . I SCOPE OF SERVICES HUD OUTCOME PERFORMANCE MEASUREMENT SYSTEM I I I Agency: Housing Authority of Contra Costa County Program: Rental Rehabilitation Program Description: This program provides low-interest, deferred payment loans from the City of Antioch CDBG funds to homeowners. Goal/# Served: 7 Housing Units Category/Subcategory: Housing/Rehabilitation Performance Objective: Decent Affordable Housing Performance Outcome: Affordability Performance Indicator: # of hous�ng units Outcome Performance Measurement Statement 5-7 low-income Antioch renters will benefit from their landlords receiving low-interest, deferred payment loans for the purposes of sustaining affordable housing. I I I I i i I I I I 13 i I I I I I i i I