HomeMy WebLinkAboutMINUTES - 12201985 - COB BOX 73 TO: - BOARD OF SUPERVISORS
FROM: Anthony A. Dehaesus Contra
Director of Community Development Costa
DATE: December 209 1985 VC` J I`J
SUBJECT: Approval for the return of residual funds for,-I-I-tklYear(:L985-86) Gommunity
Development Block Grant (CDBG) Program.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Approval of the return to the CDBG Contingency Fund of $7,797.97 of residual funds from
completed activity #9-18 Montara Bay Community Access Road Improvements.
FINANCIAL IMPACT:
None (100% Federal Funds, HUD)
BACKGROUND:
This project was originally designed to provide access road and parking lot improvements to
the Montara Bay Community Center in Montalvin Manor. These improvements have since
been completed and $7,797.97 remains from the $104,000 allocation. These funds will be
used for other needy projects in the CDBG program.
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CONTINUED ON ATTACHMENT; YES SIGNATOR
RECOMMENDATION Or COUNTY ADMINISTRATOR RE MM ND TION F BOARD COMMITTEE
APPROVE OTHER
SIGNATURE-(SI:
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER _
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT ' AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE 130ARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Community Development Department
cc: County Administrator ATTESTED
County Counsel I P L BATCHELOR. LERK OF THE BOARD OF
Auditor-Controller (ATM: Betty Dryer) SUPERVISORS AND COUNTY ADMINISTRATOR
M382/7-83 Ii I BY �"'" �� DEPUTY
7
a( BOARD OF SUPERVISORS
r%q01M: Anthony A. Dehaesus II l.11Jl ltra
Director of Community Development
DATE: December 16, 1985 Cry ry
SUBJECT: Carry-over of unspent ,Community_Development-Block_GrAnt funds from the 9th and •'J
d:0_th Ye_�ar�to the I IthlYear in order to close out prior years for audit purposes.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Authorize the Board to approve the carry-over of Community Development Block Grant
(CDBG) funds to Program Year 11 (1985-86) for projects which are not completed and have
funds remaining unspent from the Ninth (1983-84) and Tenth (1984-85) Program Years in the
amount of $1,956,737. (see attached for detail)
FINANCIAL IMPACT:
None (100% HUD funds)
BACKGROUND:
At the close of each program year, HUD has never required the County to close out it's
books and formally identify uncompleted projects and residual fund balances. Consequently,
each audit of the CDBG Program has involved accounting for each year in which funds
remain, sometimes involving up to six separate program years. By carrying over residual
funds from one year to the next, auditing and tracking expenditures and projects is greatly
simplified.
CONTINUED ON ATTACHMENT: y YES SIGNAAE:1
RECOMMENDATION OF COUNTY ADMIINISTRATOR COMMS DATION O � OARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): J1
i
ACTION OF BOARD ON lAw4t4l c4. Z APPROVED AS RECOMMENDED OTHER
i
VOTE OF SUPERVISORS
!✓ 1 HEREBY CERTIFY THAT THIS IS A TRUE
/11_ UNANIMOUS (ABSENT � ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: I OF SUPERVISORS ON THE DATE SHOWN.
Community Development
cc: County Administrator ATTESTED
Auditor-Controller (Betty Dryer) PHI BATCHELOR, LERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
�' /l�C.Z'�� �i�
M382/7-83 li BY � ,DEPUTY
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TO: BOARD OF SUPERVISORS
FROM : Anthony . Dehaesus Contra
Director 'of Community Development C,,r.,},.,
DATE: August 12, 1985 Costa
SUBJECT: Approval of the Eleventh Year (1985-86) Community Development Block Grant
(CDBG) Program oProj i ct Agreement; City of Antioch
SPECIFIC REQUEST(S) OR RECOMMMENDATION(S] & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Authorize the Chairwoman to execute the Eleventh Year CDBG Program Project
Agreement with the City of Antioch for implementation of activity #10-3 Marina
Development with a payment limit of $150,000.
0
FINANCIAL IMPACT:
100% Federal Funds (HUD)
BACKGROUND:
The city of Antioch has begun construction of a 269-berth marina located at the end of
'ILI' Street. Funding for this project is $5.5 million dollars State loan, $750,000 from the
Antioch Development Agency and $150,000 in the form of a deferred loan to be used for
certain design and engineering costs.
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CONTINUED ON ATTACHMENT: YES SIGNATUA: ;
RECOMMENDATION OF COUNTY ADMINISTRATOR RE MMEN (A ION OF BOARD C MM ITTEE
APPROVE OTHER
SIGNATURE S :
ACTION OF BOARD ON V �2 -7 APPROVED AS RECOMMENDEDJr— OTHER
III
VOTE OF SUPERVISORS
-�� 1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Community Development
cc: County Administrator's Office ATTESTED 7 /J Js
7�
Auditor Controller PHIL BATC LOR, CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
Contractor /)
BY
,\ M382/7-83 ih DEPUTY
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 10-3
1. Agreement Identification.
Department: County Community Development Department
Subject: Allocation of Federal funding under Title I of the Housing and
Community Development Act of 1974, as amended. .
2. Parties.
The County of Contra Costa, California (County), for its Department named above,
and the following named Contractor mutually agree and promise as follows:
Contractor: City of Antioch
Address: City Hall , Third & H Street
Antioch, CA 94509
3. Term.
The effective date of this Agreement is June 1, 1985 and it terminates
March 31, 1986 unless sooner terminated as provided herein, subject to all
terms, conditions, and assurances contained or incorporated herein.
4. Allocation Payment Limilt.
County's total payments to Contractor under this Agreement shall not exceed
$ Iso,ono
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 tirms, 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 hereinlby 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 andl 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 19, 1985 , and approved
by HUD on April 1, 1985 ; 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. By.
Chairwo an, Board of Supervisors � Designate Official Capacity—
ATTEST: Phil Batchelor, County Clerk of the Board of in Organization)
Supervisors and County Administrator
By:
By: _ Designate Official Capacity
Depuity in Organization)
Recommend by De artment 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
/ An ony A. Dehaesus authorizing execution of this agreement.
(2) All others: Execute acknowledgment
Fo Appro d: County Coi nsel form above, and if a corporation, designate
official capacity in business, execute acknow-
ledgment form and affix corporation seal.
By:
Deputy
(Affix Appropriate
Acknowledgement Form)
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Page 2
EXHIBIT A
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT PROGRAM 1985-1986
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
10-3 Marina Development. The County will provide $150,000 in the form of a
deferred loan to augment a State loan of $5.5 million dollars and $750,000
from the Antioch Development Agency for the development and construction of
the 269-berth AntiochlMarina Project. County funds will be utilized for
certain engineering costs associated with the overall development of the marina.
The marina will be located at the end of "L" Street. Construction will occur
in three phases with Phase Ibeginning in Spring 1985. Phase I will consist
of demolition of concrete. Phase H . excavation of the basin, will be under-
way by July, 1985. Phase 1IT, construction of the berths, will likely com-
•.mence inn the spring of 1986 and be completed by the end •of 1986. Attachment
"A" , Repayment Agreement, shall become part of this agreement.
B. PROJECT TIME SCHEDULE
Time Schedule on a ml nth-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/Engi.neering 10/23/84 12/86
C. PROJECT GOALS
Contractor shall define project objectives.
To complete construction of 269-berth marina.
Page 3 • •
PROJECT WORK PROGRAM
D. PE.RFOR:N1ANCE STANDARDS
The performance standarlds indicated (details of project implementation) will be applied in
implementing the Work Program.
I. In all contracts, pu(chase 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, pulrchase 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 iiequired 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 compiaince with bid procedures
contained in the Complaince Guide cited.
6. All construction contracts nover $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 Clearl 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 provisiins have been included.
10. Attachment "A", Repayment Agreement, shall be part of this agreement and will
remain in effectluntil such time as all conditions contained therein have been
"met .to the satisfaction of the County.
11. The City shall establish written linkage with the Private Industry Council
for designated positions as follows: harbor master, snack bar, restaurant
employees, and other positions that may occur during the course of this pro-
ject.
E. PROJECT ADMINISTRATION
Contractor should indicate who will be responsible for administering the Work
Program.
Ron Ward
City of Antioch
City Hall , Third & H Streets
P. 0. Box 130
Antioch, CA 94509
Phone Number 778-3491
Page 4
PROJECT WORK PROGRAM
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F. PROGRAM MONITORING
1. Contractor's staff ill 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 objectivesland 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: 10-3
City Hall , Third & H
P. 0. Box 130
Antioch, CA BUDGET PERIOD: June 1, 1985-March 31, 1986
94509
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total - $
Design/Engineering $150,000 $6.25 million* $6.4 million
* other Funds
$5.5 million State of California
$750,000 Antioch Development Agency
e
TOTAL $ 150,000 $ 6.25 million $ 6.4 million
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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• Attachment "A" .
REPAYMENT AGREEMENT
This repayment agreement dated is made by and between
the County of Contra Costa (hereinafter called County and the City of Antioch
(hereinafter called "Agency").
Recitals
1. On April 1, 1984, the County received approval from the U.S. Department of Hou-
sing and Urban Development (hereinafter called "HUD") to carry out that project
described in the Final Statement of Community Development Objectives and Pro-
jected Use of Fundsl dated February 29, 1984; and as more particularly described
in the "Project Work Program" as Tenth Year (1984-85) Activity Number 3-Marina
Development.
2. The Agency is vested with the responsibility for formulating and carrying out.
necessary Marina Development.
3. To that end, the County will reimburse the Agency, upon specific demand from
the Agency, certain expenses associated with engineering costs relative to over- -
all development of jthe 269 berth "Antioch Marina Project" which will be loca-
ted at the end of %" Street, Antioch, California..
4. These expenditures will be made in the anticipation that County funds:. allocated
for this project in the amount of $150,000 will be in the form of a deferred
loan. The interest rate will be 4% per annum during the deferment period.
The deferment perriod will begin with the disbursement of Community Development
funds to the City on approximately July 1,1985 and will terminate at such time
as project revenuesl, operating costs, expenses and debt service break even point
or July 1, 1995, whichever comes earliest. At such time, said loan would be
converted to an amortized loan subject to renegotiation. .
. 5. The purpose of this agreement is to provide for the repayment by the Agency of
a deferred loan from the County in an amount not to exceed $150,000 plus 4%
interest per annum during the deferrment period.
6. Nothing in this agreement precludes the extension, at the termination of the
deferment period, or forgiveness of the loan in the evenra determination can
be made by the County, based on data provided by the Agency of its expenses,
that a financial break even point is unlikely to be reached within a reason-
able period of time.
AGREED
1. The ,Agency agrees to repay the loan from the County in the amount of $150,000
with in interest inithe amount. of 4% annum during the deferment period. The
deferment period will begin with the disbursement of_CDBG funds to the City
and terminate at such time as project revenues, operating costs, expenses and
debt service reach a break even point or July 1, 1995, whichever occurs first.
2. It Is agreed by the parties hereto that the repayment to the County pursuant
to 'th.i;s agreement may- subordinate to any and all payments or loans necessary
to satisfy the Agency's obligations in connection with any existing or future
indebtedness or obligation, at the sole:discretion of the County.
COUNT' OF CONTRA COSTA, CALIFORNIA CONTRACTOR
By: d Byd
Chairwo an, pard of Supervisors Designate Official Capacity
ATTEST: Phil Batchelor, County Clerk of the Board of in Organization)
Supervisors and County Administrator
By:
Designate Official Capacity
By: in Organization)
Deputy
Recommen ed by De artment Note to Contractor:
(1) If a public agency, designate official
capacityin public agency and attach a certi-
fied copy of the governing body resolution
y' authorizing execution of this agreement.
A hony . Dehaesus
�✓ � (2) All others: Execute acknowledgment
orm Approved: ounty Counsel form above, and if a corporation, designate
official capacity in business, execute acknow-
ledgment form and affix corporation seal.
By: -
Deputy
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CERTIFICATIONS
I. The grantee/contractor; hereby assures and certifies that it will comply with the
regulations, policies, guidelines and requirements with respect to the acceptance and use
of Federal funds for this federally-assisted program. Also the grantee/contractor gives
assurances and certifies with respect to the grant in-so-much as they are applicable, that:
(a) It possesses legal authority to make a grant submission and to execute a community
development and hoi sing 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 pri vide 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 k04(a)(2) of the Housing and
Community Development Act of 1974, as amended;
(d) It is following a currenthousing 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 devi lopment in a manner to affirmatively further fair housing;
(3) Section 109 of the Housing and Community Development Act of 1974, as
amended; and the regulations issued pursuant thereto;
(4) Section 3 of the
Housing and Urban Development Act of 1968, as amended;
(5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and
implementing regulations issues at 41 CFR Chapter 60;
(6) Executive Order 11063, as amended by Executive Order 12259, and implementing
regulations at 24 CFR Part 107;
(7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and
implementing regulations when published for effect;
(8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple-
menting regulations when published for effect;
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Certifications - Page 2
(9) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102,
Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal
funds under this federally-assisted program;
III. The relocation requirements of Title II and the acquisition requirements of Title III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and
the implementing regulations at 24 CFR Part 42;
IV. The acquisition require I ents 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, ford work to be performed in connection with the program assisted
under the Grant, and that is shall incorporate, or cause to be incorporated, in all such
contracts or subcontracts a provision prohibiting such interest pursuant to the purposes
of this certification;
VIII. It will comply with the ,provisions of the Hatch Act which limits the political activity of
employees;
IX. It will give HUD and the Comptroller General or any authorized representatives access to
and the right to examine all records, books, papers, or documents related to the grant;
X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to
the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.).
Revised 12/23/82
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GENERAL CONDITIONS
1. Compliance with Law. Contractor shall be subject to and comply with all
Federal, State and local Ilaws 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 124 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; land 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 rshall 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.
1
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 findingshave 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 l 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.I 1974" effective November 24, 1981, and amendments relating
thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of
operating procedures and budgets required by this Agreement, including but not limited to
monitoring, auditing, billing or regulatory changes, may be developed and set forth in
written "Informal Agreements" entered between the Contractor and the County. Such
"Informal Agreements" when entered shall not be modifications to this Agreement except to
the extent that they further detail or clarify that which is already required hereunder.
Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this
Agreement, including any sums of money to be paid the Contractor as provided herein.
"Informal Agreements" may be approved for, and executed on behalf of the County by the
head of the County Department for which this Agreement is made or his designee.
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8. Modifications and Amendments.
(a) General I- ezreements. 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 andIthe 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) Extensi I 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, I or performance of this Agreemenf 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 Revelations. Should Federal or State
regulations touching uponj 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,I 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 Y .
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".
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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 assure s 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. Indemnificati In.
(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 anylway 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, they 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 belrequired 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 Ithe 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.
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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 Di partment, 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 submiitted 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 Idefects 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 jut gement.
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.
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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 Ireason whatsoever, County does not receive such Federal funds,
Contractor agrees that County shall have no payment obligation hereunder.
2. Pavment Am hints. 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 accordande 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. Pavment 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 I 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 Adj I stments. 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 I 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.
j
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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 I 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 Repot 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 i(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 Exceptlions. In addition to its obligations under Paragraph 8 (Audits)
above, Contractor agrees to accept responsibility for receiving, replying to and/or comply-
ing .with any audit exceptions by appropriate County, State or Federal audit agencies
occurring as a result of its performance of this Agreement. Contractor also agrees to pay
to the County within 30 days of demand by County the full amount of the County's liability,
if any, to the State and/or Federal government resulting from any audit exceptions, to the
extent such are attributable to the Contractor's failure to perform properly any of its
obligations under this Agreement.
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1
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RESOLUTION NO. 85/115
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
AUTHORIZING EXECUTION OF 1984-85 PROJECT AGREEMENT AND
REPAYMENTIAGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM WITH THE COUNTY OF CONTRA COSTA TO IMPLEMENT
THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED
BE IT RESOLVED that the City Council of the City of Antioch
finds that the 1proposed activities have previously complied with
the California `Environmental Quality Act and City of Antioch
implementing legislation ; and that
1. The AItioch .City Council approves the 1984-85 Year
Community Development Block Grant Program Project Agreement with
the County of Contra Costa in the amount of $150, 000 to implement
the Housing and Community Development Act of 1974, as amended ;
and
2. The Antioch City Council approved the activities and
allocations in the 1984-85 Year Community Development Block Grant
Program Project Agreement as contained in "EXHIBIT A -PROJECT
WORK PROGRAM" incorporated herein by reference and on file in the
Office of the City Clerk and the Department of Development
Services ; and
3. The Mayor is hereby approved and authorized to execute
the 1984-85 Year Project Agreement and Repayment Agreement with
the County of Colntra 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 23rd day of July, 1985 by
the following vote:
AYES : Council Members Price , Fontana, Stone, Beatty, and
Mayor Keller.
NOES : None.
ABSENT: None.
CITY CLERK Op THE CITY OF ANTIOCH
j 1-Oti9
TO: BOARD OF SUP�VI50RS
Contra
FROM: Anthony A. Dehaesus
r ti� Costa
DATE: July 23, 1985
County
SUBJECT: Approval of the/Eleven h Year('1985-86)/'Community Development—Brgck
Grant (CDBG),, ity--or 6*1 Cerrito.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Authorize the Chairwoman to execute the 11th Year CDBG Program Project agreement with
the City of El Cerrito implementing activities #11-13 Business Site Creation by Street
Closure and #11-25 Handicap Barrier Removal for a contract payment limit of $28,000.
FINANCIAL IMPACT: _
100% Federal Funds (HUD)
BACKGROUND:
Project #11-13 will stimulate new and additional commercial development as well as em-
ployment opportunities for lowlmoderate income people through closure of non-essentiaT
streets thus creating additional commercial building sites. $25,000 CD funds are al-
located for this project to augment City funds. The Handicap Barrier Removal Project
consists of the installation of wheelchair ramps at 11 locations along the East site
of San Pablo Avenue.
CONTINUED ON ATTACHMENT: 'YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR COMM ATION F BORDLCIOMWTTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED _ OTHER
VOTE OF SUPERVISORS
XUNANIMOUS (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: Community Development ATTESTED z / r1 5
CAO
Auditor-Controller PHIL BATC; ELOR. CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
County Counsel
Contractor DEPUTY
M382/7-83 _ BY
� ' I
1-0 u9
PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 11-13 & 11 -25
1. Agreement Identification)
Department: County Community Development Department
Subject: Allocation of Federal funding under Title I of the Housing and
Community Development Act of 1974, as amended.
2. Parties.
The County of Contra Costa, California (County), for its Department named above,
and the following named Contractor mutually agree and promise as follows:
Contractor: City of E1 Cerrito
Address: 10890 San Pablo Avenue
E1 Cerritto, CA 94530
3. Term.
The effective date of this Agreement is April 1 , 1985 and it terminates
March 31 . 19861 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
$ 28,000
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 byreference.
7. Contractor's Obligations.
Contractor shall provide those services and carryout 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. I
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 asl described in the Final Statement of Community Development
Objectives and Projected Use of Funds dated February 19, 1985 , and approved
by HUD on April 1, 1985 ; and as more particularly described in the "Project
Work Program", Attached hereto.
9. Signatures.
These signatures i ttest the parties' agreement to:
COUNTY OF CONTRA COSTA,, CALIFORNIA C T
By: eRonald D. Creagh
Chairwoan, Board of Supervisors esignate Official Capacity
ATTEST: Phil Bat helor, County Clerk of the Boar o in Organization) City Manager
Supervisors and County Administrator
(l I By: _—
By: e ate Official Cap city
y pu y -Organization) ( City Clerk
Recommend d by Depar ment Note t Contractor:
(1) If a public agency, designate official
capaci y in public agency and attach a certi-
By: fied copy of the governing body resolution
Ant h ny A. ehaesus authorizing execution of this agreement.
orm Approved: Co nt Counsel (2) All others: Execute acknowledgment
PP y form above, and if a corporation, designate
official capacity in business, execute acknow-
ledgment form and affix corporation seal.
By: ( utCL1a ,IlQbrfoe.
eputy
(Affix Appropriate
Acknowledgement Form) /
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 A founts. 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 Eixpenditures" 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 D mands. 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 Cdntractor 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 orl 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 Adijustments. 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 lany 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.
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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 Contrac is 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 Reporlt 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 excels amount, but subject to the Payment Limit of this Agreement.
9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits)
above, Contractor agrees to accept responsibility for receiving, replying to and/or comply-
ing with any audit exceptions by appropriate County, State or Federal audit agencies
occurring as a result of its performance of this Agreement. Contractor also agrees to pay
to the County within 30 days of demand by County the full amount of the County's liability,
if any, to the State and/or Federal government resulting from any audit exceptions, to the
extent such are attributable to the Contractor's failure to perform properly any of its
obligations under this Agreement.
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EXHIBIT A
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT PROGRAM 1985-1986
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
11-13 Business Site Crleation by Street Closure. This project will augment other
funding for constructibn of public improvements necessary to close portions of
non-essential streets,lthereby creating additional commercial building sites
within City's infrastruction. Site to be determined at a later date with approval
of County Community Development Dept.
11-25 Handicap BarrierlRemoval . This project consists of the installation of
wheelchair ramps at eleven locations along the east side of San Pablo Avenue
between Central Avenue and Schmidt Lane.
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
Site Creation June 1985 March 1986
i
Barrier Removal July 1985 October 1985
C. PROJECT GOALS
Contractor shall define project objectives.
Site Creation
Stimulate new and additional commercial development and employment opportunities
for low - moderate income people.
Barrier Removal
I
Establish handicap access along major commercial portion of El Cerrito by
enhancing handicap access to and from nearby BART stations.
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Page 3 •
PROJECT WORK PROGRAM
D. PERFORMANCE STANDAPDS
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, pulrchase 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 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 "AmericanI Standard Specifications for Making Buildings and Facilities
Accessible to, and Usable by, the Physically Handicapped", NumberA-117-1-R-1971.
8. Shall, at a minimu I, 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 therContract being advertised to ensure that all appropriate require-
ments and provisions have been included.
10. Project #11-13 Street Closure must be new, not previously approved by the
City and developer commitment and employment agreement with the Private
Industry Council must be in place prior to the County realeasing funds.
E. PROJECT ADMINISTRATION
i
Contractor should indicate who will be responsible for administering the Work
Program.
Bob Dunn
City of El Cerrito
10890 San Pablo Avenue
El Cerrito, CA 94530
415/234175664
_ .. . _. .. _. .,_. .... :�. .c.-r......:........... -.. ....._...wil:.::.w'i Y-tSnwwd+.�y Lrr•_
Page 4
PROJECT WORK PROGRAM
F. PROGRAM NIONITORING,
1. Contractor's staff Iwill 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 I aintain and submit quarterly monitoring and progress reports on
work performed by sub-contractors.
G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE
CONTRACTOR: I ACTIVITY NUMBER: 11-13 & 11-25
City of El Cerrito
BUDGET PERIOD: Apri 1 1 , 1985 - March 31 , 1986
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total - $
11-13 Site Creation $ 25,000 $ * $ 25,000
- Engineering
- Design
- Construction
- Misc.
11-25 Barrier Removal 3,000 3,000
- Design
- Engineering
- -Construction
- Misc.
* City Funds
TOTAL I $ 28,000 $ * $ 28,000
-0-
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
imonies; and !indication of anticipated sources.
(d) Sum of (b) and (c) above including both Community Development and non-
�community Development funds.
i
(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 relspect 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 dull 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 gran Itee to act in connection with the submission of the final
statement and to provide s l ch 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 ho using 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 Environmentall 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 developmeit 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 Housinl and Urban Development Act of 1968, as amended;
(5) Executive Order 112461, as amended by Executive Orders 11375 and 12086, and
implementing regulations issues at 41 CFR Chapter 60;
(6) Executive Order 11063,1 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 IA-122 as they relate to the acceptance and use of Federal
funds under this federally-assisted program;
III. The relocation requirements ofl 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 If 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 preventidn, control, and abatement of water pollution. The flood
insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of
1973 (Pub.1.93-234); and
VII. No member, officer or employee of the grantee/contractor, or its designees or agents, no
member of the governing body of the locality in which the program is situated, and no
other public official of such locality or localities who exercises any functions or
responsibilities with respect to the program during his/her tenure or for one year
thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or
the process thereof, for work to be performed in connection with the program assisted
under the Grant, and that is shall incorporate, or cause to be incorporated, in all such
contracts or subcontracts a provision prohibiting such interest pursuant to the purposes
of this certification;
VIII. It will comply with the provisions of the Hatch Act which limits the political activity of
employees;
IX. It will give HUD and the Comptroller General or any authorized representatives access to
and the right to examine all records, books, papers, or documents related to the grant;
X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to
the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.).
Revised 12/23/82
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GENERAL CONDITIONS
I
1. Compliance with Law. Contractor shall be subject to and comply with all
Federal, State and Ilocal 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 Ithe 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 lace subject Ito 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.
I
4. Retention of Records. The Contractor and County agree to retain all documents
pertaining to this Agreement for three years from the date of submission of the Annual
Performance Report by the Cou n1ty 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) ReIcored for n Inexpendable property which was acquired with Federal grant
funds shall be retai fed for three Iyears after its final disposition.
(c) Records for any displaced person shall be retained for three years after he
has received final payment.
5. Termination.
I
(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'i 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" I 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 sumsIof money to be paid the Contractor as provided herein.
"Informal Agreemenjts" 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.
i
(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 requiced 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 Agreemenf 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 presc�ibed; 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, pa tnership, 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 i
(a) All application s 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 rjecourse 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 evideheing 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 designatedherein. The efective date of notice shall be the date of
deposit inthe mails or of other delivery.
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21. Available Copies. Copies of the County's Project documents (as speci-
fied in Paragraph !8, Project, lof 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 thePIroject 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 IAcquisition. 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 Termi ation.
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 ands coordination with county staff.
la
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i
TO: BOARD OF S*ERVISORS0
_ Contra
FROM: Anthony A. Dehaesus I ,�,� Cos}a
Director of Community Development W It +
DATE: June 28, 1985 ..E County
SUBJECT: I
Approval of the Elie—venth Year (1985-86) Community Development Block Grant (CDBG)
Program Project Agreement; and certain carry-over funds; Gigot -Pa to
SPECIFIC REOUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
i
RECOMMENDATION:
Authorize the Chairwoman to execute the Eleventh Year CDBG Program Project Agreement
with the City of San Pablo implementing.activities #11-2 Housing_ Rehabilitation with
a payment limit of $428,4!20.01 comprised of $250,000 from the 11th year allocation
and $178,52.0.01 carry-over from the 10th. year;. and, #11-11 El Portal Shopping Center
Redevelopment -with a payment. limit of $150,000 for" a total contract payment limit
of $578;529.01.
FINANCIAL IMPACT:
100% Federal Funds (HUD)
BACKGROUND:
I.
11-2. This is a continuation of the previous years housing rehabilitation and code enforcement
program providing reduced interest rate loans, technical and financial counseling. -
11-11. This is a new project providing acquisition and relocation assistance in conjunction
with the overall development of the E1 Portal Shoppoing Center Redevelopment.
CONTINUED ON ATTACHMENT: YES SIGNATU
RECOMMENDATION OF COUNTY ADMINISTi RATOR ECOMMDATIO IihF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) A�
ACTION OF BOARD ON 1 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
i 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.
Community Development
CC: County Administrator ATTESTED
Auditor-Controller (Betty Pereira) PAL BA HELOR CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
Contractor
M3e2/7-e3 lh BY ��e DEPUTY
,. , . •
1-080
PROJECT AGREEMENT
COtiiyiUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 11-2 & 11-11
1. Acreement Identification.
Department: County Community Development 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 n6ed Contractor mutually agree and promise as follows:
Contractor: City of San Pablo
Address: One Alvarado Square
San Pablo, CA 94806
3. Term.
The effective date of this Agreement is April 1, 1985 and it terminates
March 31 , 1986 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
$ 578,520.01
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 19, 1985 , and approved
by HUD on April 1, 11985 ; and as more particularly described in the "Project
Work Program", attached hereto.
9. Signatures. I
These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR
,
By: ",rw4L,/ By:
Chairwoman oard of Supervisors (D signate fficial Capacity
ATTEST: Phil Batche or, County Clerk of the Board of in Organization)
Donald Russell; City Manager
Supervisors and County Administrator
By
l� I � (Designate Official Capacity
By: ut in Organization)
eputy I
Recommen b Dep rtment Note to Contractor:
(1) If a public agency, designate official
capacity in public agency and attach a certi-
I By: fied copy of the governing body resolution
Ant ony A. aesus authorizing execution of this agreement.
(2) All others: Execute acknowledgment
Form Approved: C unto Counsel form above, and if a corporation, designate
L official capacity in business, execute acknow-
By: ) A
ledgment form and affix corporation seal.
eputy
(Affix Appropriate
Acknowledgement Form)
p. 2
I EXHIBIT A
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT PROGRAM 1985-1986
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
11-2 Housing Rehabilitation and Housing Programs
a. Continuation of housing rehabilitation and code enforcement program offering the
following loans and services: reduced interest rate (BMIR rehab loans); conventional
rehabilitation loans under the City/County 1985 Home Mortgage Finance Program; 3%
and 4% deferred loans; short-term construction loans; emergency, relocation and
settlement cost grants; plus technical and financial couseling to qualified residents of
the North and South 14A's. In addition, Community Development Block Grants will be
supplemented with loan commitments from the State SB-966 Program
b. Neighborhood Beautification and Clean-up Program consisting of a Paint Rebate and
Dumpster Program.
C. Demolition Revolving) Fund Program to front the costs of demolishing vacant,
substandard buildings with liens being placed against the affected properties to ensure
the recovery of such funds, with the intention that the program be self-supporting at
some future date.
d. The implementation of supportive activities relative to the City Housing Assistance
Plan and City Housing Element policies and action programs.
11-11 El Portal Shopping (Center Redevelopment
This project will provide acquisition and relocation assistance for the
El Portal Shopping Center.
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
11-2 Housing Rehab & Housing Programs
1. Hire/continue existing staff 4/15/85 3/31/86
for housing rehab program
s ;
P 2. Reviceive applications, process .. 4/15/85 3/31/86
architectural and financial packages,
monitor do complete construction,
make loans & grants for rehab
3. Start paint rebate and dumpster program 5/15/85 3/31/86
4. Continue City Abatement Program 4/15/85 3/31/86
and monitor and demolish
vacant properties
5. •Continue HAP activities 4/15/85 3/31/86
11-11 El Portal Shopping Center Redevelopment
1. Assist in acquisition and relocation 4/15/85 8/31/85
2. Renovation and construction 9/1/85 3/31/86
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p. 2a
C. PROJECT GOALS
Contractor shall define project objectives.
Housing Rehabilitation do Housing Programs
1. Provide various types oflfinancial and technical assistance thru loans and grants ranging
from 4-11% BMIR loans, 3-4% deferred loans, interim construction loans & grants
and combinations thereof and thus enable approximately 25 families in the North
& South NPA to renovate and/or purchase/refinance their homes.
2. Provide cash rebates to I60-75 painting program participants in the North and South
NPA's.
3. Provide approximately 30i dumpsters during the spring of 1986 and various locations
in the North and South NPA's and thus encourage clean-up by neighborhood residents
and home neighborhoods. -
4. Provide funds for the demolition of 5-7 vacant substandard properties in the north.
and South San Pablo NPA. I
5. Continue implementing supportive activities relative to the City/County HAP as
well as the policies and action programs of the 1984 San Pablo Updated Housing Element,
primarily relating to the provision of housing to low and moderate income households.
EL PORTAL SHOPPING CENTER REVELOPMENT
To complete the assistance relative to the financing and renovation of the El Portal
Shopping Center in San pablo which will result in the creation and retention of jobs as
well as increased tax revenues to the City of San Pablo.
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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, purchasl 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 require i 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 0 and any other applicable HUD regulations.
4. In all construction contracts over $2,000 enforce and administer Labor Standards
Requirements in accordance with Title 1 of the Housing and Community Development
Act of 1974, HUD Handbook 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 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 suc } efforts. A listing of minority owned businesses
located in Contra Costa County and neighboring counties is available from the County
Planning Department. I
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 agrees to keeplfire insurance in force for the life of the activity where
CD funds are used in the acquisition of said.property consistent with the provisions of
Paragraph 19. Insurance, of the General Conditions of the agreement.
11. The contractor shall deliver to the County a Deed of Development Rights, in the form
prescribed by the County, concurrently with taking title to property acquired with
Community Development Block Grant funds.
E. PROJECT ADMINISTRATION
Contractor shall indicate Iwho will be responsible for administering the Work Program.
Manny Ungson
City of San Pablo
One Alvarado Square
San Pablo, CA 94806
234-9446
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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.
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G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE
CONTRACTOR: ACTIVITY NUMBER: 11-2 & 11-11
Manny BUDGET PERIOD: Aori1 1 , 1985 - March 31, 1986
San
City off San Pablo
One Alvarado Square
San Pablo, CA 94806
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total - $
11-2 Housing Rehabilitation $283,890.01* -0- $283,890.01
and Housing Programs
- Administration ** 144,630 -0- 144,630
- Loans & grants
- HAP
- Site clearance
11-11 E1 Portal Shopping $15Q,000 -0- $150,000
Center Redevelopment
* Includes $10,000 for paint rebates & $7,000 ,for dumpster program
** Administration not to exceed 25% of total contract payment limit.
e
TOTAL $1578,520.01 $ -0- $578,520.01
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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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 authlority 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 DevelopmentAct 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 Vk ct 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 elimipation 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 finaricial 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 lurlisdiction of the Federal courts for the purpose of
enforcement of his/her responsibilities as such an official;
I[. 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 GFR 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 Hou liing and Community Development Act of 1974, as
amended; and the regulate Ins issued pursuant thereto;
(4) Section 3 of the Housing and Urban Development Act of 1968, as amended;
(5) Executive Order 11246, asl 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 i 07;
(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,hand A-122 as they relate to the acceptance and use of Federal
funds under this federally-assisted program;
II1. 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 Ito 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 rovisiins of the Hatch Act which limits the political activity of
PY P I P Y
employees;
IX. It will give HUD and-the Comptroller General or any authorized representatives access to
and the right to examine all recoi ds, books, papers, or documents related to the grant;
X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to
the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.).
Revised 12/23/82
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GENERAL CONDITIONS
1. Compliance with Law. Contractor shall be subject to and comply with all
Federal, State and local laws and regulations applicable to public agencies with respect to
its performance hereunder, including but not limited to Federal regulations, guidelines,
bulletins, and circulars pursuant to Title I of the Housing and Community Development Act
of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as
published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may
be revised and amended; and which are incorporated herein by reference. Documentation of
such compliance shall be made available for review by the County upon request.
2. Inspection. Conitractor's performance, place of business and records pertaining
to this Agreement are subject to monitoring, inspection, review and audit by authorized
representatives of the Country, the State of California, and the United States Government.
3. Records. Contraictor 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 fihdings shall be retained for three
years after such findings have l een 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 I y 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 termin ited.
(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 i 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 sexist or to bind any of the parties hereto.
7. Further Specifications Ifor 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 of 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 Depal tment for which this Agreement is made or his designee.
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8. Modifications and Amendments.
(a) General Agrl ements. 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 Agreemenf shall be subject to final
determination in writing by the head of the County Department for which this Agreement is
made or his designeejor 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 FI deral and State Regulations. Should Federal or State
regulations touching upon this Ant be adopted or revised during the term hereof, this
Agreement is subject to modificationgreemeto 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. I
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. Indeoendent 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 lavoid .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 t jat:
(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 Col my 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 termihate 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 tol 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. I ;
20. Notices. All notices provided for by this Agreement shall be in writing and may
be delivered by deposit in the United States mail, postage prepaid. Notices to the County
shall be addressed to Contra Costa County .Plannina, Department, P.O. Box 951, 651 Pine
Street, Martinez, California 94553. Nlotices 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.
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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. 1
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. I
(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 Developj crit 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.
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PAYMENT PROVISIONS
1. Pavment [iasis. 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 forlCost 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 ale 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. I
5. Right to Withhold. County has the right to withhold payment to the Contractor
by County notifying Contractor lin 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 t!o 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 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 calledlfor 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 I 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.
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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 Contractors 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 amdunt, 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 Ito the Contractor's failure to perform properly any of its
obligations under this Agreement.
DF/jal/la
3/16/82
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RESOLUTION NO. 85-59
RESOLUTION OF TH1E CITY COUNCIL OF THE CITY OF SAN PABLO
AUTHORIZING THE EXECUTION OF THE 11th YEAR (1985-86) PROJECT
AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM WITH THE`COUNTY OF CONTRA COSTA TO IMPLEMENT THE
HOUSING COMMUNITY DEVELOPMENT ACT OF 19779 AS AMENDED.
The City Council of the City of San Pablo does hereby resolve as follows:
Section I: The San Pblo City Council approves the 11th Year 1985/86
Community Development Block Grant Program Project Agreement with the
County of Contra Costa in the amount of $578,520.01 to implement the Housing
and Community Development Act of 1977, as amended; and
I
Section II: The San Pablo City Council approves the activities and allocations in
the 1985/86 Community Development Block Grant Project Agreement as
contained in "Exhibit A - Project Work Programs"; and
Section III: The City Manager is hereby approved and authorized to execute the
11th Year 1985/86 Project: Agreement with the County of Contra Costa on
behalf of the City of San Pablo and the Housing Project Manager is authorized to
submit all payment demands and required reports to implement said agreement.
NOW, THEREFORE, BE IT AND IS HEREBY RESOLVED, that this Resolution
shall become effective immediately upon its passage and adoption.
The foregoing resolution was passed and adopted by the City Council of the
City of San Pablo at a regular meeting of said City Council, held on the 17th day
of June, 1985 by the following vote, to wit:
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• AYES: COUNCILMEMBERS: Koepke , Brown , Gomes , Carmignani , Armstrong
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NOES: COUNCILMEMBERS: None
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ABSENT: COUNCILMEMBERS: None
APPROVED:
Harvey R. Armstrong
ATTEST:
Charlotte Maggard, City Clerk
fpm/4a-1
I hereby certify that the foregoing is a full, true
and correct copy of Qh �jn 8S- S
, P
��ou City Clerk
TO: BOARD OF SUPERVISORS
ROM: `Anthony A. Dehaesus �
Contra
Director of Community Development ('Costa
DATE: June 10, 1985 I County
SUBJECT: Approval of the eventh Year (19 85-86) Community Development Block Grant (CDBG)
Program Project Agreement; )ty of-Martln z.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Authorize the Chairwoman to execute the Eleventh Year CDBG Program Project Agreement
with the City of Martinez implementing activities #11-14 - Infrastructure Study and
11-28 - 'F' Street Storm Drain with a payment of $170,000.
FINANCIAL IMPACT:
100% Federal Funds (HUD) .
BACKGROUND:
The City wil conduct a study) to determine the impact of current infrastructure capacity
relative to future development along Highway 4 corridor.
The 'F' Street Storm Drain will result in the installation of 1,200 lineal feet of 2411 storm
pipe and 750 lineal feet of 1811 storm pipe.
CONTINUED ON ATTACHMENT: YES SIGNATU
RECOMMENDATION OF COUNTY ADMINISTRATOR ECO E DATION BOA D OMMtTTEE
APPROVE OTHER
SIGNATURE(S) V
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 PHIV BATCHELOR, Clerk .of the Board of
County Counsel Supervisors & County Administrator
Contractor !�
M3e2/7.83 lh BY v DEPUTY
PROJECT AGREEMENT
1 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 11-14 & 11-27
1. Agreement Identification.
Department: County Community Development DepartmL,
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 followinglnamed Contractor mutually agree and promise as follows:
((Contractor: City of Martinez
Address: 525 Henrietta Street
Martinez, CA 94553
3. Term.
The effective date of this Agreement is April 1 , 1985 and it terminates
March 31, 1986 � , unless sooner terminated as provided herein, subject to all
terms, conditions, and assurances contained or incorporated herein.
4. Allocation Payment Limit. I
County's total payments to Contractor under this Agreement shall not exceed
$ 170,000
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 kubject 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 �Ithe "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. I
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 19, 1985 , and approved
by HUD on April 1, 1985 ; 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, CAILIFORNIA CONTRACTOR
B I,
yB
hairwl
Board of Supervisors y '° Designat Official Capacity
ATTEST: Phil Batchelor, County Clerk of the Boar o in Organization)
Supervisors and County Administrator
I By:
B �� � (Designate Official Capacity
Y /
DeDutin Organization)
Y
Recommend d by Depar ent Note to Contractor:
(1) If a public agency, designate official
capacity in public agency and attach a certi-
fied copy of the governing body resolution
g Anth . Dehaesus', authorizing execution of this agreement.
(2) All others: Execute acknowledgment
Form Approved: Cou ty Counsel form above, and if a corporation, designate
official capacity in business, execute acknow-
ledgment form and affix corporation seal.
By: KAn A All
Deputy
I (Affix Appropriate
Acknowledgement Form)
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EXHIBIT A
CONTRA COSTA COUNTY
COM I UNITY DEVELOPMENT PROGRAM 1985-1986
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
11-14 Infrastructure Study
The City will conduct al study to ascertain current infrastructure capacity for water,
traffic, and storm and sanitary sewers for alternative development scenarios along the
Parkway. The study will aid in the analysis focusing on a requirements assessment is
critical given the potential for the creation of a serious jobs/housing imbalance along
the Parkway.
The results of the study will provide information related to infrastructure, land use, and
an updating internal information prior to the end of the calendar year.
Emphasis on creation of e I ployment opportunities will be contained within the study.
11-27 "F" Street Storm D Iain
This project consists of thle installation of 1200 lineal feet of 24" storm pipe and 750 lineal
feet of 18" storm pipe to provide storm drainage from "F" Street to Alhambra Avenue
and miscellaneous sidewalk and curb replacement.
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
11-14 Infrastructure Study
- Develope scope of work April 1985 April 1985
- Select consultant April 1985
- Draft complete May 1985
- Final study June 1985
11-27 "F" Street Storm Drain
- Design May 15, 1985
- Bid June 14, 1985
- Award June 19, 1985
- Construction July 1, 1985 August 31, 1985
C. PROJECT GOALS
Contractor shall define project objectives.
11-14 The infrastructure report is an integral part of the process leading to the creation
of both housing and a substa 1 tial number of jobs.
11-17 Alleviate flooding in "F" Street and Alhambra Avenue and nearby neighborhoods.
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PROJECT :FORK PROGRAM
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D. PERFORMANCE STANDARDS
The performance standards indicated (details of project implernentation) will be applied in
implementing the Work Program.
1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD
regulations including EquIal 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 inl 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 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
Accessible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1971.
8. Shall, at a minimum, nol ify 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. Study to determine infrastructure need and method to provide in the Highway
4 corridor area. Conditions: 1) City must match $15,000 in cash for con-
sultant; 2) study must address and ouantify jobs likely to be available for
lower income personsland affordable housing units.
E. PROJECT ADMINISTRATION
Contractor should indicate who will be responsible for administering the Work
Program.
Jim Jaekel (IInfrastructure Study)
372-3520
Mo Sharma ( 'P Street Drain)
372-3560
_ w •_ - �:. •- ..-Y �.•..l .v.r.C'+.t.�Tmrn.`1C'w.rci..•y
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PROJECT WORK PROGRAM
F. PROGRAM MONITORING
1. Contractor's staff will nneet 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 t6 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: 11-14 & 11-27
City of Martinez
525 Henrietta Street BUDGET PERIOD: Apri 1 1, 1985 - March 31, 1986
Martinez, CA 945513
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total - $
11-14 Infrastructure $15,000 -0- * $15,000
Study
- Consultant fees
- Misc.
11-27 "F" Street Drain 155,:000 -0- 155,000
Engineering/design
- Construction
- Misc.
* The City will match the County funds for the
Infrastructure Study Project.
e
TOTAL $ 170,000 $ -0- $ 170,000
Notes: (a) Detailed categolries 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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CERTIFICATIONS
I. The grantee/contractor hereby assures and certifies that it will comply with the
regulations, policies, guidelinies 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 submitl 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 I 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 Cil it 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 tissues 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 I f 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 implemelnt 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-b sed paint requirements of 24 CFR Part 35 issued puprsuant to
the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.).
Revised 12/23/82
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iGENERAL CONDITIONS
1. Compliance with ILaw. Contractor shall be subject to and comply with all
Federal, State and local lawsl and regulations applicable to public agencies with respect to
its performance Ihereunder, 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. Cont factor'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 fundi should County request such title.
(b) Cessation of Funding. In the event the Federal funding for this Agreement
ceases, this Agreement is terminated.
(c) Failure by the Contractor to perform properly any of its obligations under
this Agreement may be cause for suspension of all obligations of the County thereunder.
6. Entire Agreement. This Agreement contains all the terms and conditions agreed
upon by the parties. Except as expressly provided herein and in the "COOPERATION
AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating
thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of
operating procedures and budgets required by this Agreement, including but not limited to
monitoring, auditing, billing or regulatory changes, may be developed and set forth in
written "Informal Agreements" entered between the Contractor and the County. Such
"Informal Agreements" when entered shall not be modifications to this Agreement except to
the extent that they further detail or clarify that which is already required hereunder.
Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this
Agreement, including any sums of money to be paid the Contractor as provided herein.
"Informal Agreements" may be approved for, and executed on behalf of the County by the
head of the County Department for which this Agreement is made or his designee.
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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) approiyal, 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. Indeoendent 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 Interel t. 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 it's 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".
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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 lbut 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 I 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 ways 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. Durinl 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. I Not later than the effective date of the Contract, the
Contractor shall provide the County with a certificates) 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.
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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 lonly. 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 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 Demandsl. 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, for 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 bye 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 moniles which are expended in violation of this Agreement or used
for unauthorized or illegal expenditures.in
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, showingl 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, Ibut 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 N0. 69-85
APPROVING THE 1985-86
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENTS
REGARDING F STREET STORM DRAIN AND
INFRASTRUCTURE STUDY
THE CITY COUNCIL OF THE CITY OF MARTINEZ DOES RESOLVE AS
FOLLOWS:
Section 1. City Council approves the 1985-86 Community
Development Block Grant Project Agreement with regard to the
construction of the F Street Storm Drain and Infrastructure Study.
Section 2. The City Manager is hereby approved and authorized
to execute the Agreement with the County and the City of Martinez.
Section 3. I The Resolution shall be effective immediately upon
its passage and adoption.
*** ***** ***
I HEREBY CERTIFY that this is a true and correct copy of a
resolution adopted by the City Council at its meeting of May 15, 1985,
by the following vote:
AYES: Councilmelbers Hernandez, Pollacek, Radke,
Vice Mayor Langley and Mayor Menesini.
NOES: None.
ABSENT: None.
LAWMENCE J. KOWALSKI, Ci erk
Gy�:;-PATRICIA BECKSY
Deputy City Clerk
TO: BOARD OF SUPERVISORS TORS . �
% Contra
FROM: Anthony A. Dehaesus I `
Director of Community Development
Costa
DATE: May 22 , 1985 County
SUBJECT: Approval of the Elventh Year (1985-86) Community Development Block Grant
(CDBG) Program Agreemenit: City of Pleasant Hill
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Authorize the Chairwoman to execute the Eleventh Year CDBG Program project agree-
ment implementing activity #11-18 - Handicap Barrier Removal with a payment limit
of $24,000.
FINANCIAL IMPACT:
100% Federal Funds UD).
BACKGROUND:
This project will fund curbs cut to improve handicap mobility and access for the
handicap community to shopping centers from the Chi IpancingoVistaarea to Sun
Valley, K-Mart and Gemco.
CONTINUED ON ATTACHMENT: YES SIGNAT r
I
i
RECOMMENDATION OF COUNTY ADMINISTRATOR R CMMENDA ON OF BO COMMITTEE
APPROVE OTHER
SIGNATURE(S) I
I
ACTION OF BOARD ON Z APPROVED AS RECOMMENDED OTHER
i
VOTE OF SUPERVISORS
XUNANIMOUS (ABSENT 1 HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISOR ON THE DATE SHOWN.
CC: Community Development ATTESTED Z915
County Administrator
Auditor-Controller (B. Pereira) PH BATCHELOR. CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
Controller
M382/7-83 BY / DEPUTY
• 1-035
1 I PROJECT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Number: 11 -18
1. Agreement Identification.
Department: County Community Development 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 Pleasant Hill
Address: 3300 North Main Street
Pleasant Hill , CA 94523
3. Term.
The effective date of this Agreement is April 1 , 1985 and it terminates
March 31 , 1986 ,l 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
$ 24,000
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,jconditions, and assurances contained or incorporated herein.
6. General Conditions and Assurances.
This Agreement islsubject 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 I 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 19, 1985 , and approved
by HUD on April 1, 1985 and as more particularly described in the "Project
Work Program", attached hereto.
9. Signatures.
These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTAI CALIFORNIA CONTRACTOR
I
By:
By:
`
Chairwo n, Board of Supervisors
ATTEST: Phil Batchelor, County Clerk of the Board of U CI-Ty I�JQ°GR
Supervisors and County Administrator
I
B By: Designate Official Capacity
Y eFuty in Organization)
Recomme d by Dep menu Note to Contractor:
1'�� (1) If a public agency, designate official
capacity in public agency and attach a certi-
By: fied copy of the governing body resolution
An ony A. Dehaesus authorizing execution of this agreement.
(2) All others: Execute acknowledgment
orm Approved: ounty Counsel form above, and if a corporation, designate
Iofficial capacity in business, execute acknow-
By:
ledgment form and affix corporation seal.
� �, GJh� _
Deputy
(Affix Appropriate
Acknowledgement Form)
Y •+Y 1 T."M
Page 2
EXHIBIT A
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT PROGRAM 1985-1986
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
11-18 Handicap Barrier Removal
To provide improved mobility Ifor the handicapped community, particularly
from Chilpangingo Vista to Gemco, K-Mart, Sun Valley Mall , D.V.C. , and
Mt. Diablo Rehabilitation Center in Pleasant Hill ; this includes the following
curb cuts:
1 . North side of Chilpangingo at Velvet Turtle Restaurant
2., Tempe Ct. and Golf Club Rd. (2)
3. S. E. corner olf Golf Club Rd. and Old Quarry (at DVC Parking Lot)
4. S. E. corner off Golf Club Rd. at Contra Costa Blvd. (Longs .Drugstore Entranc.
5. Sun Valley access road at Contra Costa Blvd. (Penny's access (2) )
6. Bus Stop at Syn Valley east side
7. Others to be determined following meeting with Handicapped Community
Repair and Replace Sidewalk
I . Old Quarry between Chilpangingo Vista Parkway and Golf Club Rd.
2. Velvet Turtle Restaurant, Pleasant Hill Planning Dept. negotiating
with restaurant for additional funding outside of this agreement
for areas near restaurant.
B. PROJECT TIME SCHEDULE
Time Schedule In 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 July 15, 1985
C. PROJECT GOALS
Contractor shall define project objectives.
Enhance mobility for handicapped community between Chilpangingo Vista and Gemco,
Sun Valley, K-Mart, DVC and Mt. Diablo Rehabilitation Center.
I
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Page 3
PROJECT WORK PROGRAM
D. PERFORMANCE STANDARDS I
The performance standards indicated (details of project implementation) will be applied in
implementing the Work Program J
1. In all contracts, purchase Igreements, 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 $10,1000 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 cont)acts 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
meet, 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 Compla.Iince 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 applic, le 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 aminimum, notify tify 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. I
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 agrees to keep fire insurance in force for the life of the activity where
CD funds are used in the acquisition of said property consistent with the provisions of
Paragraph 19. Insurance, of the General Conditions of the agreement.
11. The contractor shall deliver to the County a Deed of Development Rights, in the form
prescribed by the County, concurrently with taking title to property acquired with
Community Development Block Grant funds.
E. PROJECT ADMINISTRATION
Contractor shall indicate who will be responsible for administering the Work Program.
I
I .
DmNN�s �,t5��k
City of Plealsant Hill
3300 N. Main St.
Pleasant Hill , CA 94523
415/934-6050 —
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.
I
G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE
CONTRACTOR: ACTIVITY NUMBER: 11 -18
City of Pleasant Hill
BUDGET PERIOD: April 1 . 1985 - March 31 . 1986
(a) (b) (c) (d)
Budget Item CD Funds - $ +Other Funds - $ =Total - $
11-18 Handicap Barrier .24,000 * 24,000
Removal
- Design
- Engineering
- Bid
- Construction
- Inspection
- Misc.
* withl Turtle_Restaurant for necessary sidewalk and
cur improvements at tiheir cost. e
TOTAL I $ 24,000 $ * $ 24,000
Notes: (a) Detailed cat Igories pursuant to OMB A-102.
(b) Items are eligible to be funded by CDBG funds.
(c) Estimate of l other necessary expenditures that cannot be funded with CD
monies; and indication of anticipated sources.
(d) Sum of (b) land (c) above including both Community Development and non-
community Development funds.
(e) iContract Payment Limit for CD project.
i
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CERTIFICATIONS
i
I. The grantee/contractor hereby assures and certifies that it will comply with the
regulations, policies, guidelines land 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 dull 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 lof 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 IAct 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 offilcer 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 tte jurisdiction of the Federal courts for the purpose of
enforcement of hist/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 lat 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 t1 he 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 111246, 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 ination Act of 1975 (Pub.L.94-135), as amended, and imple-
menting regulations when published for effect;
i
Certifications - Page 2
(9) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102,
Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal
funds under this federally-assisted program;
III. The relocation requirements of Title II and the acquisition requirements of Title III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and
the implementing regulations at 24 CFR Part 42;
IV. The acquisition requirements of Title III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR
Part 42;
V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD
regulations issued to implement such requirements;
VI. Executive order 11988 relating to the evaluation of flood hazards and Executive Order
11288 relating to the prevention, control, and abatement of water pollution. The flood
insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of
1973 (Pub.1.93-234); and
VII. No member, officer or employee of the grantee/contractor, or its designees or agents, no
member of the governing body of the locality in which the program is situated, and no
other public official of such locality or localities who exercises any functions or
responsibilities with respect Ito 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 islshall 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-bl sed 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 ai ailable for review by the County upon request.
2. Inspection. Contractor's performance, place of business and records pertaining
to this Agreement are subject jto monitoring, inspection, review and audit by authorized
representatives of the County, the State of California, and the United States Government.
3. Records. Contracto I 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 tie 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 Ire the subject of audit findings shall be retained for three
years after such findings have leen resolved.
(b) Recored for nonexpendable property which was acquired with Federal grant
funds shall be retained for threi 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)1 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 fundi 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'i 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 Specific)tions 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.nThis Agreement may be modified or amended only be
a written document executed bye 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 lis 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 Ishall be at the sole discretion of the County.
9. Disputes. Disagreements between the County and Contractor concerning the
meaining, requirements, or performance of this Agreemenf 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. I
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. I
13. Original Agreement. The original copy of .this Agreement and of any modifi-
cation thereto is that copy fired 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 in 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.I 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 Ipublish 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 contributilon 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 Contract I 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 las 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. I
(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 194553. 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.
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21. AvaIilable 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 inspectii n 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 Prl ject 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.
If 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.
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PAYMENT PROVISIONS
1. Pavment Basis. County shall in no event pay to the Contractor a sum in excess
of the total amount I 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 I 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. SI bject 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. I ontractor's allowable costs are only those which are
determined in accordance with lall 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",I 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 programl, work or records, or (c) Contractor has failed to sufficiently
itemize or document its demands for payment.
6. Payment Adjustme I ts. 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 byl 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 moniles 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.
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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 Conractor'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 byl 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 C ontractor.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 2I(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 amo nt, .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 ezceptionslby 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 ofl 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
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RESOLUTION NO. 45-85
A RESOLUTION OF THE CITY COUNCIL, CITY OF PLEASANT HILL, CALIFORNIA,
AUTHORIZING EXECUTION OF THE ELEVENTH YEAR (1985-86) PROJECT AGREEMENT FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF CONTRA COSTA TO
IMPLEMENT THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED
The City Council of the City of Pleasant Hill does RESOLVE as follows:
Section 1. The Pleasant Hill City Council approves the 1985-86 Year
Community Block Grant Program Plroject Agreement with the County of Contra Costa
to implement the Housing and Community Development Act of 1974, as amended.
Section 2. The PleasaInt Hill City Council approves the activities and
allocations in the '1985-86 Year Community Development Block Grant Program
Project Agreement as contained in Exhibit "A" - Project Work Program. "
Section 3. The City Manager is hereby authorized and instructed to
execute the 1985-86 Year Project Agreement with the County of Contra Costa on
behalf of the City of Pleasant Hill .
Section 4. This Resolution shall become effective immediately upon
its passage and adoption.
I HEREBY CERTIFY, thaIt the above and foregoing Resolution was duly
passed and adopted by the City Council of the City of Pleasant Hill at a
regulat meeting thereof held on the 20th day of May, 1985, by the following
vote:
Ayes: Cooper, Holmes, Mulhall , Mustard, Weldon .
Noes: None
Absent: None
LOUIS E. WELDON, Mayor
Attest:
WETONA L. CRAIdFORD, lityr erk
Approved as to Form: —Dennis A. Lee, City Attorney
C FIEDWECO
DEPIITYCRYCLERX